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Home My WebLink About970377.tiff AIgCKLAM AA SSOCIATES, INC. SURVEYING-ENGINEERING PLATTE VALLEY AIRPARK PLANNED UNIT DEVELOPMENT APPLICATION MATERIAL PREPARED FOR: PLATTE VALLEY AIRPARK 7507 W.C.R. 39 FT. LUPTON, COLORADO 80601 PROJECT NO. 5572 SEPT. 12, 1996 EXHIBIT 1001 E.BRIDGE ST•P.O. BOX 795•BRIfluTnm CCI ORADO 80601 TELEPHONE(303)E 970377 APPLICATION MATERIAL APPLICATION LEGAL DESCRIPTION AIRPARK P.U.D. STATEMENT AFFIDAVIT OF SURROUNDING PROPERTY OWNERSHIP AFFIDAVIT OF MINERAL OWNERSHIP DOCUMENTS OF OWNERSHIP TAX DOCUMENTATION 970377 DEPARTMENT OF PLANNING SERVICES Weld County Administrative Offices, 1400 N. 17th Avenue,Greeley, Colorado 80631 Phone: (970)353-6100, Ext. 3540, Fax: (970) 352-6312 PLANNED UNIT DEVELOPMENT PLAN APPLICATION FOR PLANNING DEPARTMENT USE ONLY: Case Number Application Fee: `CL`•00 Zoning District Receipt Number a3 Date Application Checked By: Planner Assigned to Case: BE COMPLETED BY APPLICANT: (Print or type only except for required signatures). I (we), the undersigned, hereby request a hearing before the Weld County Planning Commission and the Board of County Commissioners concerning proposed subdivision of the following described unincorporated area of Weld County. LEGAL DESCRIPTION: SEE ATTACHED (If additional space is required, attach an additional sheet of this same size.) PARCEL NUMBER: 1 3 0 7 3 0 0 0 0 0 3 1 (12 digit number found on Tax I.D. Information or obtained in the Assessor's Office. NAMEOFPROPOSEDPUDSUBDIVISION AIRPARK P.U.D. EXISTING ZONING Agr• NO. OF PROPOSED LOTS ,3 TOTAL AREA (ACRES) 240 LOT SIZE: AVERAGE 3500 MINIMUM 2025 sq. tt. UTILITIES: WATER: NAME Well SEWER: NAME Septic GAS: NAME Greeley Gas PHONE: NAME IT $ west ELECTRIC: NAME United Power DISTRICTS: SCHOOL. NAME Hudson FIRE: NAME Hudson DESIGNER'S NAME Acklam Associates, Inc. PHONE 659-8546 ADDRESS 1001 E. Bridge St. Brighton, Co. 80601 PHONE ENGINEERS NAME PHONE ADDRESS PHONE SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR PUD REZONING: NAME. Marilyn Taylor HOME TELEPHONE: 536-0839 ADDRESS: 7505 Weld Co. Rd. 39 Ft. Lupton, Co. 80624 BUSTELEPHONE: NAME: HOME TELEPHONE. ADDRESS: BUS.TELEPHONE: APPLICANT OR AUTHORIZED AGENT (if different than above). NAME: Acklam Associates, Inc. HOME TELEPHONE: ADDRESS: 1001 E. Bridge St. Brighton, Co. 80601 BUS.TELEPHONE: 659-8546 OWNER(S) AND LESSEES OF MINERAL RIGHTS ON OR UNDER THE SUBJECT PROPERTIES OF RECORD IN THE WELD COUNTY ASSESSOR'S OFFICE: NAME: See Attached ADDRESS: NAME: Weld County Planning Dept_ ADDRESS. SE1 //—N P 6 1996 ignature: Owner or Authorized Agent Revised: 3-28-9 6RECEIVED 970377 25 LEGAL DESCRIPTION: A parcel of land in the West one-half of the Northeast one- quarter of Section 31 , Township 2 North, Range 65 West of the 6th Principal Meridian, Weld County, Colorado described as: Beginning at the Northeast corner of said West one-half Northeast one-quarter; thence S00°40'00"W on an assumed bearing along the East line of said West one-half Northeast one-quarter a distance of 941. 26 feet; thence N13 ° 37'00"W a distance of 968.42 feet to a point on the north line of said West one-half Northeast one- quarter; thence N90°00'00"E along said north line a distance of 238 . 94 feet to the Point of Beginning. The East one-half of the Northeast one-quarter of Section 31 , Township 2 North, Range 65 West of the 6th Principal Meridian, Weld County, Colorado. The East one-half of the Southeast one-quarter of Section 31 , Township 2 North, Range 65 West of the 6th Principal Meridian, Weld County, Colorado. The Southeast one-quarter of Section 30, Township 2 North, Range 65 West of the 6th Principal Meridian, Weld County, Colorado. EXCEPTING THEREFROM: Parts of the Southeast one-quarter of Section 30 and the East one-half of the East one-half of Section 31 , in Township 2 North, Range 65 West of the 6th Principal Meridian, described as follows: Beginning at the Northeast corner of the said Southeast one-quarter of Section 30; thence S00 °00'00"W on an assumed bearing along the East line of the said Southeast one-quarter a distance of 1197 . 50 feet to the True Point of Beginning; thence 390°00'00"W a distance of 1008 . 26 feet; thence 526 ° 38'00"W a distance of 623 . 54 feet; thence S15° 1l '50"E a distance of 925 . 34 feet to a point on the North line of said East one-half of Section 31 ; thence N89' 45' 10"E along said North line a distance of 360 . 22 feet; thence S26 ° 23 '40"E a distance of 1077 . 99 feet to a point 200 . 00 feet West of the East line of said East one-half of the East one-half of Section 31 ; thence S00° 20' 30"W parallel with the said East line a distance of 3722 . 86 feet to a point 650 . 00 feet north of the South line of said East one-half of the East one-half of Section 31 ; thence 589'57'35"W parallel with the said South line a distance of 1125 .65 feet to a point on the West line of said East one-half of the East one-half of Section 31 ; thence S00°23 '20"W along said West line a distance of 650 . 00 feet to the Southwest corner of the said East one-half of the East one-half of Section 31; thence N89°57135"E along the South line of the said East one-half of the East one-half of Section 31 a distance of 1326.18 feet to the Southeast corner of the said East one-half of Section 31; thence N00°20'30"E along the East line of the said East one-half of the East one-half of Section 31 a distance of 5341 . 31 feet to the Southeast corner of Section 30 ; 0° 00'00"E along the East line of said Section 30 a distance of 1445 . 85 feet to the True Point of Beginning. 970377 The Platte Valley Airpark P.U.D. will allow for the sale of 39 lots On the area designated as "Area B" on Airpark P.U.D. Plats) for the sole purpose of the construction of aircraft hangers and/or the storage of aircraft. The only residential dwelling in the P.U.D. district will be that of the airpark manager(a house already existing in Area A), no other residential dwellings will be permitted in this P.U.D. district. The area designated as "Area A" shall consist of the existing structures, runways, taxiways, the erection of portable hangers, the construction of an aircraft wash bay and the construction of a Fixed Base Operations facility, the exact location of which is yet to be determined. This airpark has existed for quite some time and is in a rural (agricultural) area, therefor the creation of a P.U.D. district of this configuration should have no more impact on the surrounding area then the airpark has in it's present form. In fact, Area "A"will have an overlay zoning for agriculture and open areas may by used for this purpose as long as it does not interfere with Airpark operations or safety. The following is a more in-depth description of the Airpark P.U.D. concept: AREA "A" will consist of 227.57 acres more or less and the following uses: 1) Runways and taxiways for the sole use of airplanes (existing). 2) Airplane maintenance facility (existing). 3) Future fixed base operation facility (proposed). 4) Portable Hangars (proposed). 5) Above ground fuel storage (existing). 6) Public parking area (existing). 7) One residential facility for airpark manager (existing). 8) Airpark registration and tower facility (existing). 9) Airplane wash bay (proposed). 10) Remaining unimproved areas may be used for agricultural purposes as allowed in the A-3 Zone district as long as it does not hinder the operation of the Airpark. 11) All improvements are to conform with the Weld County Standards and Regulations for the construction of buildings. 12) Identification Signs: A. One permanent identification sign will be provided at the point of ingress. 13) Area "A" complies with the CDPS Storm Water Management Plan and has been approved by the Colorado Division of Aeronautics. 1 970?'77 14) Wash bay waste water will be received by a grease trap, septic tank and leach field. AREA "B" will consist of 12.58 acres more or less and the following uses: Thirty-nine Lots ranging in size from 2025 square feet to 14,750 square feet in eight Blocks for the sole purpose of the construction of aircraft hangers and/or the storage of aircraft. 1) Private Airplane Hangars- (The following standards shall be used as guidelines for the construction of buildings on the Airpark P.U.D. by the owners of individual lots in Area "B". These standards are intended to provide a minimum criteria to assure that all structures reasonably conform with others structures in the Airpark. It is the intent of the Hangars Owners Association for Area "B"to avoid a haphazard appearance or unsound structures that will detract from the Airparks integrity.) A. EXTERIOR - All hangars shall have exterior walls constructed with metal siding with vertical corrugations. The metal shall be treated with a white protective surface. (Baked enamel is preferable). Roofs shall also be covered with metal roofing material similar to the siding. Aluminum roofing and siding is acceptable but must be of a heavy gauge to withstand high winds and hail. Aluminum material should have a baked enamel finish, for traditional paints do not adhere well to aluminum and will require excessive maintenance. B. ROOFS - All roofs shall be of the hip type. A one-in-twelve pitch is required. Roof run-off shall not affect adjacent buildings. Skylights are acceptable, provided that they adequately fastened to the roof so as not to be separated from the building by gusty winds. C. PERMITS - Any buildings shall be approved by the Weld County Planning Office and appropriate permits shall be obtained prior to beginning construction. D. FOUNDATIONS - All hangars shall have an adequate foundation. Pole barn type building shall have at least four feet of pole below the grade and be set in a concrete caisson which is at least three times the diameter or thickness of the pole. All hangars shall have a floor that is built up from the surrounding grade. All slab foundations shall be constructed on compacted soil and meet with the approval of the Weld County Building Department prier to construction. 2 970377 E. ELECTRICAL-Any electrical service, unless otherwise agreed upon with Airpark management shall be provided by the owner. Such installations shall be buried outside of the building and shall be capable of meeting local codes.. F. FUEL STORAGE - Storage of automotive fuel or aviation fuel is discouraged. Should it be necessary to do so adequate containers shall be used by the tenant and adequate fire extinguishers will be required. Propane or other bottled gas may be used in the building, but also must be stored and handled properly. G. PAVING - Paving will be as shown on the Airpark P.U.D. Plat. Any damage to the existing pavement caused by the owners actions shall be repaired immediately by the owner, at their expense. Any pavement installed by the owner shall be of equivalent quality of that provided by the Airpark (two inch compacted hot mix asphalt or four to six inches of concrete with reinforcement). Waste oil shall not be applied on the ground of the Airpark under any circumstances. H. PORTABLE HANGARS - Portable hangars are not allowed in this area. I. HEIGHT- No building shall exceed twenty (20) feet in overall height. Any structures or objects that exceed this limitation construction. J. DRAINAGE - All hangars shall have adequate drainage around them to allow the roof drainage to flow away from the building into drainage provided by the Airpark. Such drainage shall not enter into other hangars or cause erosion around the hangar shall be approved by the Airpark Management prior to itself. K. PARKING - Automobile parking is not permitted around the hangar. Short term parking for unloading or"in-and-out" access to the hangar is permitted. Long term parking shall be either inside the hangar itself or in the Airpark parking lot. Short term aircraft parking is permitted immediately in front of the hangar, provided it does not interfere with other tenants use of the facility. All taxiways are for the primary use of the aircraft. Automobiles traveling to and from hangers should use uppmost caution when traveling on the taxiways as no signs will be posted. L. QUARTERS - No living quarters will be allowed. M. DOORS - All hangars will have bi-fold doors. 970377 3 N. HEAT - Individual lot owners are responsible for the heating of their hangars if so desired. All heating units shall conform with Weld County Standards. O. FIRE PROTECTION - Individual lot owners are responsible to provide adequate fire extinguishers for their hangars per Weld County Standards. P. STORAGE - No outside storage will be allowed. The hangars are to be used for Airplane storage only along with any associated appurtenances. Maintenance of the airplanes will be allowed in the hangars. Q. MINIMUM BUILDING SETBACKS - BLOCKS 3,4,5 and 6 Front- 0' Rear- 5' Side - 5' Corner- 0' BLOCKS 2 and 9 Front- 0' Rear- 0' Side - 5' (Except when contiguous lots are owned by same Person) Corner- 0' BLOCKS 7 and 8 Front- 0' Rear- 0' Side - 0' Corner- 0' R. OWNERSHIP AND MAINTENANCE - All lots are to be individually owned and maintained. OUTLOT "A" is to be owned and maintained by the Hangars Owners Association. S. WATER SOURCE - The existing home and aircraft maintenance facility have an existing water source. The aircraft wash bay will be supplied by ether an existing source or a new well will be needed to supply the necessary water. T. SEWAGE DISPOSAL FACILITIES - The existing home and aircraft maintenance facility have existing sewage disposal facilities. No other facilities are planned U. ACCESS - The Site can be accessed via Weld County Road 39, which intersects Weld County Road 18 at one end and dead ends at the south. 4 970377 V. HAZARD AREA - The Site does not fall within a flood hazard area or a geologic hazard area. 5 970377 AFFIDAVIT OF INTEREST OWNERS SURFACE ESTATE THE UNDERSIGNED, being first duly sworn, states that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners' of property (the surface estate) within five hundred feet of the property under consideration This list was compiled from the records of the Weld County Assessor, or an ownership update from a title or abstract company or attorney, derived from such records. or from the records of the Weld County Clerk and Recorder The list compiled from the records of the Weid County Assessor shall have been assembled within thing days of the application's submission date. ignature 970377 PLATTE VALLEY AIRPARK, LTD. SURROUNDING PROPERTY OWNERS 1307-30-0-00-024 1473-06-0-00-017 Hobday, Charles 140 So. Wood Dale Road #106 Wood Dale, Il . 60191 1307-30-0-00-017 Roland, W.L. & Arndt, Mary Angela & Anthony, Edward c/o Opdyke Agency 1603 9th St. Greeley, Co. 90631 1307-29-0-00-035 Waldbaum, Milton G. Co. of Colo. 501 No. Main St. Wakefield, Ne. 68784 1307-32-0-00-011 Riley, Earl R. & Margaret H. 19462 Weld Co. Rd. #16 Ft. Lupton, Co. 80621 1307-32-0-00-033 Aigaki Family, LLC 12511 E. 112th Ave. Henderson, Co. 80640 1307-31-0-00-003 1307-31-0-00-028 1307-31-0-00-027 1307-31-0-00-025 Miller Partners , Ltd. 6854 Weld Co. Rd. 37 Ft. Lupton, Co. 80621 1307-31-0-00-026 Miller, Mary 6854 Weld Co. Rd. 37 Ft. Lupton, Co. 80621 1307-31-0-00-029 1307-31-0-00-030 Laskoski , Robert & Shirley R. 6174 Weld Co. Rd. 37 Ft. Lupton, Co. 80621 970377 1473-06-0-00-016 Artese, Philip L. Trust 18527 Colo. Hwy. 52 Ft. Lupton, Co. 80621 1473-06-0-00-001 Thomason, Lela Fern 209 Harrison Ave. Ft. Lupton, Co. 80621 1473-05-0-00-015 Ziemer Trust Box 195 Hudson, Co. 80642 970377 AFFIDAVIT OF INTEREST OWNERS MINERALS AND SURFACE ESTATE Legal Description: H/7-n9cVeS STATE OF COLORADO ) ) ss. COUNTY OF WELD THE UNDERSIGNED. being first duly sworn, states that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses. and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners' of property (the surface estate) within five hundred feet of the property under consideration. This list was compiled from the records of the Weld County Assessor or an ownership update from a title or abstract company or attorney, derived from such records. or from the records of the Weld County Clerk and Recorder. The list compiled from the records of the Weld County Assessor shall nave been assembled within thirty days of the application's submission date. 4. 'd 970377 AIRPARK POD MINERAL OWNERS AND LESSEES OF MINERAL OWNERS OWNERS 1) PLATTE VALLEY AIRPARK, LTD. (A Limited Partnership) 7507 WCR 39 Ft. Lupton, Co. 80621 2) DALLAS A. CROSS 392 Central Brighton, Co. 80601 3 ) ALFRED AND LORRAINE SATER 7728 WCR 24 Longmont, Co. 80501 LESSEES 1) SOCO (Snyder Oil & Gas Co. ) 1625 Broadway Suite 2200 Denver, Co. 80202 910377 TRANSAMERICA TITLE INSURANCE COMPANY A Ra2l.snctr Group holdings Company CLOSING INSTRUCTIONS THIS IS A LEGAL INSTRUMENT, IF NOT UNDERSI0OD, LECAI, TAx OR OTHER COUNSFt SWU.D BE CONSULTED BEFORE SIGNING. To: TRANSAMERICA TITLE RE: 7507 Weld County Raed 39 INSURANCE COMPANY ft. Lupton, Culoredo 80621 1, Andrew J. Heller end Cornell, M. Nailer (SELLER) and Platte Valley Airpark, Ltd., a Colorado Limited Partnership (PURCHASER) engage TRANSAMERICA TITLE INSURANCE CO. (CLOSING AGENT), who egreee to provide Closing end settlement services In connection With the closing Of the following described real estate In the County of Veld and State of Colorado, to wit: Part of the NE1/4 end the E1/7SE1/4 of section 31, end the 1E1/4 of Section 30, T. 2 N., R. 65 W. of the 6th P.M. also known as: 7307 Weld County Road 39, Ft. Lupton, Colorado 80621 2, Closing Agent la authorized to obtain information arid erotic to prepare, obtain deliver and retired ell duct.,ants, excluding preparation of legal documents, necessary to carry out the terms end conditions of the contract to buy end sell real estate, dated August 15, 1991, with All amendments and counterproposals attached (Contract), end made part of this document. 3. Legal documents will be prepared by Purchasers Attorney et the expense cforchaver. 4. Closing Agent will receive a fee not to exceed 5300.00 for providing thesalclosing end settlement services to be the expense of-fl labs.. ad ifg-Purchaser. rc'//eiy r'f'{ (4.9. �� .Aff 5. Closing Agent 1$ authorized to receive funds and to disburse funds when letl funds received are either:evellahle for Immediate withdrawal MI a matter of right from the financial Institution In which the funds have been deposited or are available for Immediate withdrawal as a consequence of an agreement of financial institution in which the funds are to deposited or a financial institution upon which the funds are to be drown("rood Funds' ). 6. Closing Agent is not authorized to rale/tee any documents or things of value prior to receipt and disbursement of Good Funds, except ee provided in paragraphs 17 and 13. 7. Closing Agent shall disburse ell funds In closing except those Buds as nay he aeperetely disclosed in writing to Purchaser and Seiler by Closing Agent or Agent or Purchaser's lender on or before closing. 8. Seller will receive the net proceeds of closing as Indicated: [xi Closing Agent's Trust Account Check, I ) Cashier's Check et Seller's expense, I I Funds eloctroniceily transferred (wire transfer) to en account specified by the Seller, at Seller's expense. 9. Purchaser end Seller will furnish any additional information end documents required by Closing Agent which will be necessary to complete this transaction, and Purchaser and Seller further egrets to sign and complete all end customary required documents at closing to fulfill the Contract. 10. Closing Agent will prepare and deliver an accurate, complete and detailed closing statement to Purchaser end Seller at time of closing, 11. If requested by Closing Agent, earnest money deposit will be delivered r„ ClunL,g Aloud. in sufficient time before closing to disburse Good Funds. 12. If Closing dose not occur, Closing Agent, except as provided herein, is authorized and agrees to return all documents, monies, and things of value to the depositing party and Closing Agent will be relieved from any further duty, responsibility or liability In corvlection.with these instructions, In addition, any promissory note, deed of trust, er ether evidence of indebtedness signed by Purchaser, shall be voided by Closing Agent, with the original(,) returned to Purchaser and copy to Purchaser's lender. 13. If any conflicting demands are made on the Closing Agent, at its sole discretion closing Agent may hold any monies, documents, and things of value received from any party except Purchaser's lender, Ginning Agent shall retain such items until fl) receipt of mutual written Instruction from Purchaser and feller; or (2) until n evil action between Purchaser and seller shell have been finally concluded In a Court of Competent jurisdiction; or (3) it the alternative, Closing Agent may, In Its sole discretion, cemeence a civil action to interplead, nr interCleed in any existing civil action, any documents, monies or other things of value received by Closing Agent, Such deposit with the Court shell relieve Closing Agent of ell further liability and reepona(bility end Cloeing Agent shalt be entitled to ell court rusts ens! reasonable attorneys' fees. 14. thee* rloefue I:mt.:allan may only be amended or terminated by wrntten instructions signed by Purchaser, Seller and Closing Agent. 15. Speolal Ineeeuetienx; APPROVED AND ACCEPTED Set l er(s) Purot,aser(s1 Closing Agent deL.rdJ gXY�ia / Platte Valley Airport, Ltd., By /• 9.I1-41 Andrew J. HaltEr a Colorado Limited Partnership DateR Cornelia M. Haller BY(.+$''-t/• /-yn vW F/S jOeuee is 4 ,/$r NsIM/TItle / .�I �.. �'C � �Y�/AEI' 970377 Nome/title Rece(jon No. RECORDER'S stow 1' Tills (N DENTURE.Mode this d,V'of Septmuses I.T. • i,l u, 91,hotween Platte Valley Airpark, Ltd „ 1 aidt$EhxafGSR Limited Partnership I duly organized and existing under and by virtue of the laws of the Stale of Colorado s ,cheese eddresn ie 1020 15th St. , #42C In the City andConntyofDenver endstaten Calor.Rdo, 80202 , party of the first part,and the Public'I'r rate a of the County of Wald In the State of Colnrada,perry of the I second part,Witnesseth' II TlIAFwulRlAH,The solo FlsLte Valley Airpark, Ltd, II 11 hoS storied its inomisanry note ,bearings en da;e he rr,vh h lop al,.. I ($350, 000.00) pi'inecpalr''sofThree Hundred Fifty Thousand and 00/100-- Dollarspayabletotheorder 1 or Andrew J. Haller and Cornelia M. Haller I1 'flee rho Into hereof,with iW4reet.thereon from the Onto thereof as the rate of ten (10%)it payable describedPromissory per cent per annum ble on the terms in such Prmi Vote II (Limited Partnership) AND WHEREAS,ThesalcPext(Ysiftld4 is desirous of securing the payment of said promissory note ,hlwho- I coo ver h ends said note )cXxx..xutON[bi may be, N0W.THEREFORE,The said party of the first part,In consideration of the premises and for the purpose afore• said,has granted,bargained,sold and conveyed.and hereby does grant,bargain,sell and convey unto the said party I of the second part,in trust forever,the following described property.situate In the County of Weld State.of Colorado,to wit: set forth in Exhibi..As t o .ttaohe I,t.ceto and made a part II' hereof. I i TO HAVE AND TO HOLD the cante, together with all rnd singular the privileges and appurtenances, there. unto belonging;In Trust Nevertheless.That In case of default In the payment of said note ,Otznd*Masai,or any part thereof,or in the payment of the Interest thereon,according to the tenor and offset of said lute ,or any of them or In payment of any prior encumbrance,principal or Interest,if any,or in ecee default ah all be made In or In case of violation or breach of any of the terms, conditions, covenants er agreements herein contained, the beneficiary hereunder or the legal holder of the indebtedness secured hereby may declare a violation of any of the covenants herein contained and elect to advertise said property for sale and demand such sale,then upon filing notice of such election and demand for sale with the said party of the second port,who shall upon receipt of such Notice of Election and Demand for Snle,cause a copy of the same to be recorded in the Recorder's office of the county In which said real estate is situate,It shall and may be lawful for said party of the second part to sell and dispose of the same(en moose or In somas to parcels,as sold Public Trustee may think beet),and all the right,title and interest of the said party of the said first part,Ile successors or assigns.therein at public auction at the front door of the Court House In the County of Weld and 1 State of Colorado,or on said prend see or any part thereof,as may be specified In the notice of such sale,for the high. I est and beet price the same will bring in cash,four weeks'public notice having been previously given of the time and I place of such sale by advertisement weekly in some nett/mintier of general circulation at that time published in said County of Weld a copy of which notice shall be mailed I lwithin ten days from the date of the first publication thereof to said party of the first part at the address herein I given and to such person or persona appearing to have acquired a subsequent record interest In said real agitate at the II address given In the recorded instrument;where only the county end state is given as the address,then such notice shall lte mailed to the county seat,and to make and frIve to the purchaser or purchaser.of such property at such sale a cart Mate or certificates In writing describing such property purchased,and the sum or sums paid therefor,and the time when the purchaser or purchasers(or other person entitled thereto),shall be entitled tto a deed ord deedsy the there- rr- for,unless the same shall be redeemed as is provided by law,and said Public Trustee shall, p son or persona holding the said certificate or certificetee of purchase,when said delaand is made,or upon demand by fie person entitled to a deed to end for the property purchased,at the time such demand is made,the time for redemp- tion having expired, make and execute to such person or persons a deed or deeds to the property purchased,which , said deed or deeds shall be In the ordinary form of a conveyance,and shall be signed,acknowledged anddelivered by the said Pulrlle Trustee,as grantor,and shall convey and quit•dxim to ouch parson ur persons entitled to ouch deed, se grantee,the said pproperty purchased an aforesaid and all the right,title,interest,benefit and equity of redemption I of the party of the first part,its successors and assigns therein,and shall recite the sum or sums for which the said I ptopert was sold,and shall refer to the power of sale herein contained,and to the sale c r sales made by vvirtue there- of� s dttl oy zest bsequent e ch ncumbrancer,such assignment orar ica e or iredemption shall also be referred to In suchtoed deeds: 'I rut'the notice of sale need not be set out In such deed or deeds;and the said Public Trustee shall,out of the proceeds or avails of such sale,after first paying and retaining all fees,charges and costs of making said sale,pay to the bane- II ficlery hereunder or the legal[older of said note the principal and Interest due on said note according to the iItenor and effect thereof,and all moneys advanced by such beneficiary or legal holder of add note for insurance, taxes and assessments,with interest thereon at twelve per cent per annum,rendering the ovorplue,if any,unto the said party of the first part,its successors,legal representatives PT gealgna;which sale or sales and said deed er deeds i made shall he a perpetual bay,bull,h,law and equity,against the said party of the flrat part,Its successors and nes gne,end all other ereens claiming the property aforesaid,or any part thereof;by,from,through or under said party of the first part,The holder or holders of said note or notes may purchase said propert fora o or f part thehasn and It shall not be obligatory be r upon the he partyot thr or e firstrr ntera part tit any a ueee exorcie sto nee assigns,'hereby agree to pay all the mane Y.1(e raleanu slued be required,t of J' expenses thereof, 970377 _ {e And the said party of the first part;Inr itself. its eueeeeaore nod eeepeou.euve„a niM and agree,to anti with the said party of the second part,that at the time of the unsealing of and delivery of these present,it ix well coined of the said lands and premises in fee simple,and hoe good right,full power end lawful authority to grunt, bargain,Bell and convey the name In manner and form am of resaid; and that jhe enid property la free and clear of a ,a nd nd encumbrances whatever. except the lien of a first Deed of Trust running in favor of the U.S, Small Business Administration on w:iich $64,000. 76is owing. See additional provisions in Exhibit B attached hereto and made a ,, part b�erof. and t e settee bargained property in the quiet and peaceable passeesion of the said party of the second part, his successors end assigns,against all and every person or persona lawfully cirri ming or to claim the whole or any part thereof the geld party of the first part shall and will Warrant and Forever Defend, And that said party of the first part will In due season pay all tuxes and assessments levied on said property rop ert'S and allbu ildings e or to become due,on amulet of principal and Interet on prior encumbrances,if any' and willkeep that may at any time be on said lands, during the continuance of said indebtedness, insured against loss by fire with extended coverage endorsement In such company or companies as the holder of paid note • may,from time to time,direct,fur such sum or sumo as such company or companies will insure for,not to exceed the amount of said indebtedness, except at the option of said party of the find part, with lose, if any, payable to the beneficiary hereunder as their Interest may appear,and will deliver the policy or policies of insurance to the beneficiary hereunder as further security for the indebtedness aforesaid.And in cape of the refusal or neglect of said party of the first part,to thee insure and deliver the policies of insurance or to pay such taxes or assessments or amounts due,or to become due,on any prior encumbrance,if any,then the holder of said note may procure such Insurance,or pay such taxes or naaessment,or amounts doe upon such prior encumbrances,, rns if➢pny, V p iitc additional ddtional indebtedness, s thus dby with Bed of trust, el ll be pal per ce p pet ce de of the shall ofthepopery afotel aid,if not otherwise eepaiddy said arty of the and part, d pay out suthe ilure proceedselare sale ofon opf tbrle coe aid, If not oYherwlse paid by said party of the first part,and may for such failure declare a violation of thle covenant and ngraament. AND THAT IN CASE OF ANY DEFAULT, Whereby the right of foreclosure occurs hereunder, the said party of the second part or the holder of said note or certificate of sale,shailhsgnce become entitled to the posses- Sinn, lea and enjoyment of the praise.t, alto emdd, and to the rents, issues and profits thereof, from the accruing of such right and during the pendency of foreclosure proceedings and the period of redemption, If any there be; and such possess Ion Anil et once be delivered to the said ear ty of the second part,or the holder of Raid note or certificate of porch ass,on request,and on refusal, the delivery of s tie h peseeseion may be enforced by the said party of the second part or the holder or holders of said note or ce.'tificate of purchase,by any appropriate civil suitor proceeding,and the said party of the second part,or the holder or holders of said note eate of purchase,or any thereof,shall be entitled to n Receiver for said re or profitis thereof,after any such default,including the time covered by foreclosure proceeding,and the period of redemption,if any there be and shall be entitled thereto as u matter of right without regard to the solvency or insolvency of the party or the be, part or of the then owner of Bald property,and without regard to the value of the property,and such Receiver may be appointed by any court of competent juriedietion upon ex parte application, and without notice— notice being hereby expressly waived—end all rents,issues and profits,Income and revenue of said property shall he applied to the payment of the Indebtedness hereby secured, according to low end the orders and directions of the court. And,That In ease of default in any of said payments of principal or interest according,to the tenor and effect of said promissory note aforesaid,Sr any of them,or any part thereof,or of a breach or violation of any of the covenants or agreements herein,by the party of the first part,Its successors or assigns, then and In that case principal sum hereby secured and the Interest thereon to the rime of the once, at saidh option of the legal holder thereof, become due and asale,In may mannerat once,andwithh the same effect as it the said payable,, and the safd propertylosure be sold the Inebtedness had metUred, and that If foreclosure be made by the Public Trustee, an attorney',tee of the sum of shell lltl b; b9 antOlin} Trustee dollars for service,In the aupayvislon of said foreel0 are prnreiedinge, shy be mows the li as a part of the east of foreclosure, and if foreeiasur6 be made through the courts,a reasonable attorney's fee shall be allowed by the court as a part of the cost of foreclosure and in either event shall be and become a part of the Ilan hereby secured. P q IN WITNESS WHEREOF, The said party of the first part has caused its stfrxxRt f�h'AME76'er hi treams subscribed by its General P&bltgbq Plato riopgOlas01Bwxx*xxmeaaJICKSL014IXecocn5xx ,Rgt(M,the day and year first above written. (CORPORATE 911.ALf Platte Va tiny Air nark, Ltd . ©y '4i? ,Q_4ir ark As sop ldtee , jinn •AT'fEBT; / r �•'c P'ac'"C'ifer—' �/ at*4le to Its: Pnarldent ' STATE OF COLORADO, County of as, The within and foregoing instrument was acknowledged before me this_1.7S„L __day of September ,191.1.b Marilyn_fvlor ae,d President of Colorado Airpark Associates inc . , general or Platte Valley Airpark, Ltd__,, a .Ccslorado fJi'nlltiti partnership, My commission expires_ olYlmielleff 1711ErtanciSS5-1, J - Menem my hand and official sea, OarmieL.Strasheim — i/"1L1La7 _ .,,4._C114.24'1 C r. 25 S.4t Ave.,Brighton,CO 80601 a?�— Notary r.mut J iv q Ii a I I€ $ lI —'� Jn E 3 rya' rn E a, lu [[[[ W C p� & C O IV, SOW� S L N J , J .Yg L' c e 0 a IA i E a & n i.. c w a S� 1 .. a I 1 J N97O377 t Report Date: 09l10/% 11:08AM WELD COUNTY TREASURER Page: 1 CERTIFICATE OF TAXES DUE CERT#: 6663 ORDER NO: SCHEDULE NO: R0135591 VENDOR NO: ASSESSED TO: PLA 1 I E VALLEY AIRPARK PEA 1 I L VALLEY AIRPARK LTD 7507 WCR 39 7507 WCR 4139 FT LUPTON CO 80621 FORT LUPTON,CO 80621 LEGAL DESCRIPTION: 11373 SE4 30265&E2E231265 PT W2NE4 31 2 65 BEG AT NE COR OF W2NE4 OF SEC 31 S0D40'W 941.26' N13D37'W 968.42'E238.94'TO BEG EXC BEG S1197.50'FROM NE COR SE4 OF SEC 30 W1008,26' 326D38'W 623.54'S I SD 11'E 925.54'N 89D45'U PARCEL: 13'073000003 i SITUS ADD: 7507 39 CR WELD TAX YEAR CHARGE TAX AMOUNT INT AMOUNT ADV.PEN,MISC TOTAL DUE TOTAL TAXES 0.00 TAX YEAR ASSESSMENT A$MT AMOUNT INT AMOUNT ADV,PEN,MISC TOTAL DUE TOTAL A$MT 0.00 TAX YEAR TAX LIEN# TLS AMOUNT INT AMOUNT REDEMPT FEE TOTAL DUE TOTAL CERT 0.00 GRAND TOTAL DUE GOOD THROUGH 09/10/96 0.00 ORIGINAL TAX BILLING FOR 1995 Authority Mill Levy Amount WELD COUNTY 22,038 0.98 SCHOOL D1ST RE3J 34.342 2,060.56 CCW WATER 1 071 63.34 CCS WATER 1.734 102.55 HCDSON EIRE 4.1 I1 243,13 AIMS JUNIOR COL ; 513 373.64 WELD LIBRARY 1 5047, 88.7I I ; 235 2.6 FEE FOR THIS CERTIFlC,t1'E ALL TAX LIEN SALE(TLS)AMOUNTS ARE SUBJECT TO Cf_1?iGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER OR TO ADVERTISING AND DISTRAINT WARRANT FFEES. CHANGES MA' OCCUR,AND THE TREASURER'S OFFICE WILL NEED TO BE CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES. PERSONAL PROPERTY AND MOBILE HOMES•SEPTEMBER I. REAL PROPERTY-OCTOBER 1 its REDEMPTION AMOC'NIS MIST BE PAID BY CASH OR CASHIERS CHECK SPECIAL TAXING DISTRICTS AND THE BOLND-\itIES OF SUCH DISTRICTS MAY SE ON FILE WITH THE BOARD OF COUNTY COMMISSIONERS.THE COUNTY CLERK,OR THE COUNT"ASSESSOR This certificate does not include:and or improvements assessed-under a separate schedule number.personal propet, taxes, [cancer tax or misc.nit collected on behalf of Other comics,spec:ai or ics ai Imprt»en:ent d15R$f assessments of moetle homes.antcSs specie call' mentioned. I. the undersigned.do hereby ceaifc that the entire amount.H ra,tci due upon the above deccsibed parcels if.cal prop:rq.and all rmtctanding sales for unpaid taxes as shown by the records in rn,office from which the name may sriit be redeemed at h the amount required for redemption arc as noted herein. In wtmass whereof I have hereweq set mv,Sand and seal this l!0 ;10196_ 7 TREASURER,WELD COUNTY,ARTHL'R L. WILLIS t BY \ir C ?i:9 970277 DRAINAGE STUDY STUDY INTENT GENERAL PROJECT INFORMATION 1. Location 2. Property description DRAINAGE BASIN AND SUB-BASINS 1. Historic Basin Description 2. Developed description DRAINAGE FACILITY DESIGN 1. General Concepts 2. Specific Details REFERENCES CERTIFICATION EXHIBIT A SCS SOILS MAP EXHIBIT B HYDROLOGIC DATA DRAINAGE PLAN & DETAILS POCKET 970377 STUDY INTENT: This report was prepared to look at the drainage of a proposed building site in the South East one-quarter of Section 31, Township 2 North, Range 65 West of the 6th Principal Meridian, Weld County, Colorado. It is the intent of this report to provide,an adequate means of storm water management for the proposed improvements as shown on the attached map. PROJECT DESCRIPTION: The project site is in the South East one-quarter of Section 31, Township 2 North, Range 65 West of the 6th Principal Meridian, Weld County, Colorado. The site contains 12.58 acres (547,984 FT2 ) and is presently vacant. The site is surrounded by farm land to the north and vacant grass covered fields to the West and South. The East side of the project is adjacent to the current airport facilities. (see attached map) The proposed development is to consist of 37 lots suitable for airplane hangers and the surrounding asphalt taxi-ways as shown on the attached map. All runoff shall be directed to the detention pond by use of roof downspouts, , culverts, conveyance channels and asphalt areas that are to be sloped to drain towards the detention pond. The project is entirely within the Olney fine sandy loam series. This series consists of deep, well drained soils that formed in material weathered from loamy alluvium. The soil has a hydraulic soil classification of`B". DRAINAGE BASINS: HISTORIC: The existing airport has been designated as drainage basin A and does comply with the CDPS and has been approved by the Colorado Division of Aeronautics. This drainage basin does not provide any runoff discharge onto the proposed development site. The drainage characteristics of drainage basin A will not be affected by any of the improvements shown on the attached map, hence drainage basin A is not a concern of this report. DEVELOPED: The developed area (12.58 acres) has been designated as drainage basins B1 (7.3 acres) and B2 (5.28 acres). There is no offsite runoff that will be effecting drainage basins B1 and B2. This is do to existing berms, on the property lines, that surround basin A and basins B1 and B2 on the North and East sides. Therefore, offsite runoff will not be a factor in the storm water management facilities design. 97©3'7'7 DRAINAGE FACILITY DESIGN: The watersheds under consideration are less than 90 acres in size. Therefore, the rational method in conjunction with the FAA design methods for a detention system have been employed for the analysis of this site. See the attached map for complete information regarding location and size of all drainage facilities, as well as exhibit B for all hydraulic calculations. All runoff from basin Bl will be concentrated at design point 1. Storm water runoff will be conveyed along the east and southerly sides of basin B1 by conveyance channel 1. Storm water runoff will reach conveyance channel 1 primarily by sheet flow along the asphalt taxi-ways. Conveyance channel 1 has been sized to accommodate both the 10 yr design flows (13.14 cfs) and the 100 (28.47 cfs) year major storm flows. At design point 1, runoff will be conveyed under an existing asphalt taxi-way and into the detention pond by 2 - 15"x 21" elliptical C.M.P. culverts designed to convey the 10 year flows. The 100 year flow will overtop the taxi-way and flow directly into the detention pond. All runoff from basin B2 will flow directly into the detention pond facility by sheet flow along the proposed asphalt taxi-ways. The detention pond facility will need a volume of 35476 cubic feet to detain the 10 year storm with a corresponding release rate of 2.89 cfs and a volume of 39174 cubic feet to detain the 100 year storm with a corresponding release rate of 10.69 cfs. The discharge, at the above mentioned allowable release rates, from the detention pond will be carried by conveyance channel 2 into the borrow ditch along Weld county Road 39. CONCLUSION: The proposed drainage facilities are designed to comply with all standards and specifications set forth for storm water management by Weld County Storm Drainage Design and Technical Criteria policies and the Urban Storm Drainage Criteria manuals (latest revisions). 970377 REFERENCES 1) Urban Drainage Criteria Manual with latest revisions, Urban Drainage and Flooding Control District, Vol. 1-3 2) Flowmaster, Heastad Methods, Inc. 1990 970377 CERTIFICATION "I hereby certify that this report for the Final Drainage Design for Airpark Park P.U.D. was prepared by me (or under my direct supervision) in accordance with the provisions of Weld County Storm Drainage Design and Technical Criteria policies and the Urban Drainage Criteria for the owners thereof. I understand that the County of Weld does not and will not assume liability for drainage facilities designed by others". Bruce F. Erickson, P.E. Registered Professional Engineer State of Colorado -No. 30752 970377 EXHIBIT A 970377 AACKLAM AA SSOCIATES, INC. SURVEYING-ENGINEERING Soils classification for Airpark P.U.D. in Sections 30 and 31, Township 2 North, Range 65 West of the 6th Principial Meridian. V� �� 72 +?N r72E .'.r..... 4 o "' � '' .. r t: .r >�. 4A it ,a 1 '''° r�r m or`t W CR. 18 "3 . . E r iU s of t ,,��'�' �+:- • as '''" , �.� j � rro',�,1 tr- , M ws ry ro.SJ 45 M GAF ki. 1� . r= At,„ r S + to j i f., �. 72 44 V 1 m , a 3• ' �Y <tf" 1 R i , x �nk, 4 ] r1 ' ' w.! a r SITE ��t:+ .. :11111146 ,%),,, it. x 6i r, vi4 " �p bWSf t Y aFr,x; ` �? IC "'t�a.yl s_, '9, r am" -44 mpr, , , f }, �, zN t tq txsF 69 .2,r9. s•, x 78 ,x s "4C! �6 y '' s "9.' ¢ w �'. spa A y 3 � � .• r 4e, 1(14# ,v� Ry.w 4 4 t , 44 -- I , ' N t�I ksr 4 x7r i,,�tt'ft �s' t A bry, 3 t :;k +.} y 47 -aA. � � tl < 1 Ax yyw. .k ® wi J4 ti I' -' 82 - y� ,, — �� j 1 t �� 73 4 t.E { yA Tf ! • V, .'{ ' I n:J I ,�< .ro`.S.a r.'� E 'C f gZ, {u, ... .� i. Y pr 4� 4V t��e ,�3 kE N k VV- iii'y5\<• 3� �• �. 44 - Olney fine sandy loam, 1 to 3 percent slopes � " ° , � +° ' �` ` ° 45 - Olney fine sandy loam, 3 to 5 percent slopes Y" ""�` gw• " 69 - Valent sand, 0 to 3 percent slopes 'N��.t ' t x•a i - ' 70 Valent sand, 3 to 9 percent slopes � I 4 +. 17 a• E. I 1 Tp• e F j'4aa �Cr ♦ } '�"q , `Il v}-7� i 1•. _ T1 '_'f"��n�v i -? y t; -2 ,, tJ '. ,f-, .'4f A k•+ t �,. r �'6- z t{ '4'4' x 1 a ...6 r,,fn'7 1 . f�p e �*w�"'.0 }5 V t } A 't p'a+ i x1 'v. rr > J+:6�e 4 a • a r .r +a � >Jr .}-,lp `� a.¢1 70 73 y4p+ + q rd.•�I 3f t"'a xy } a ?""t �Z Y 't 1 5 Sa > y `� i' Y . , .. L,r.. ;- xm.: .e .4L.7 'tt 1 1�: 97r33 7 1001 E.BRIDGE ST •P.O. BOX 795•BRIGHTON,COLORADO 80601 TELEPHONE(303)659-8546 Olney series The Olney series consists of deep, well drained soils that formed in alluvium. Olney soils are on plains. Slopes are 0 to 5 percent. Olney soils are similar to the For. Collins and Vona soils and are near the Kim, Nelson. Otero, and Thedaiund soils. Fort Collins soils are less than 35 percent fine and coarser sand in the B horizon. Vona soils are less than 1S percent clay in the B horizon. Nelson and Thedaiund soils have sandstone and shale between 20 and 40 inches. Typical pedon of Olney fine sandy loam. 0 to 1 percent slopes, 1.320 feet north and 2u feet east of southwest corner sec. 2n. T. 6 N., R. 66 W. 10 inches: grayish brown •10YR 5.2; fine sandy loamy dark srar,sn Drown ,IOYR 412) moist: weak :fine granular structure: slightly hard. very friable: noncaicareous, mildly alkaline: aorant smooth boundary. 32—10 to 20 inches: yellowish brown .IOYR 5/4) sandy clay loam. dark yellowish brown (10YR 414) moist: moderate medium prismatic tracture paring to moderate fine suoangmar blocky; nary, friable: common moderately thick clay films or faces of peels: noncaicareous, mildly alkaline; clear wavy boundary. 33ca-20 to 25 inches: very pale brown 10YR 7/3) sandy clay loam brown. 110YR 5/3) moist: moderate coarse prismatic structure: slightly bard, very friable: some visible lime occuring in fine to medium, seams and soft masses: calcareous: moderately alkaline: gradual smooth boundary. fca-25 to 60 inches: very pale brown (10YR 7/3) fine sandy loam, pale brown 10YR 6/3) moist: weak coarse subangular blocky structure: a,ghtly hard, very friable: some visible lime in fine to medium ::treads and seams; calcareous: moderately alkaline. Thickness of the solum ranges from 17 to 30 inches. Coarse fragments make up as much as 15 percent of the solum. Depth to free carbonates ranges from 10 to 24 inches. The A horizon has hue of 10YR or 25Y. value of 5 or 6 dry and 3 to 5 moist. and chroma of 2 or 3. It is fine sandy loam or loamy sand. The B2t horizon is commonly sandy clay loam, but clay content ranges from IS to 30 percent. \Talent series The Valent series consists of deep, excessively drained soils that formed in eolian deposits. Valent soils are on plains. Slopes are 0 to 9 percent. Valent soils are near the Loup, Boel. Osgood, and Vona soils. Loup and Boel soils are poorly drained. Osgood and Vona soils have a B horizon. Typical pedon of Valent sand, 0 to 3 percent slopes, 2,220 feet north and 132 feet west of southeast corner sec. 8. T. 4 N., R. 62 W. Al-0 co 8 inches: brown (10YR 5/3) sand, dark grayish brown (10YR 4/2)moist; single grained; loose; neutral; clear smooth boundary. Cl-8 to 60 inches; brown (10YR 5/3) sand, dark grayish brown (10YR 4/2) moist: single grained; loose: neutral. Coarse fragments make up 0 to 10 percent of the solum and are mainly scattered gravel. Depth to free carbonates is more than 40 inches. The A horizon has hue of 10YR and .5Y. value of 5 or n dry and 3 to 5 moist.and chroma of 2 or 3. 970277 44—Olney loamy sand, 1 to 3 percent slopes. This is a deep. well drained soil on smooth plains at elevations of Windbreaks and environmental plantings are generally 4,600 to 5,900 feet. It formed in mixed outwash deposits. suited to this soil. Soil blowing, the principal hazard in Included in mapping are some small leveled areas. establishing trees and shrubs, can be controlled by cul- Typically the surface layer is grayish brown loamy sand tivating only in the tree row and by leaving a strip of about 9 inches thick. The subsoil is yellowish brown and vegetation between the rows. Supplemental irrigation very pale brown sandy clay loam about 15 inches thick. may be needed at the time of planting and during dry The substratum to a depth of 60 inches is very pale periods. Trees that are best suited and have good survival brown, calcareous fine sandy loam. are Rocky Mountain juniper, eastern redcedar, ponderosa Permeability and available water capacity are pine, Siberian elm, Russian-olive, and hackberry. The moderate. The effective rooting depth is 60 inches or shrubs best suited are skunkbush sumac, lilac, and Siberi- more. Surface runoff is slow, and the erosion hazard is an peashrub. low. Wildlife is an important secondary use of this soil. The In irrigated areas this soil is suited to the crops corn- cropland areas provide favorable habitat for ring-necked monly grown in the area. Perennial grasses and alfalfa or pheasant and mourning dove. Many nongame species can close grown crops should be grown at least 50 percent of be attracted by establishing areas for nesting and escape the time. Contour ditches and corrugations can be used in cover. For pheasants, undisturbed nesting cover is essen- irrigating crops and pasture. Furrows, contour furrows. tial and should be included in plans for habitat develop- and cross slope furrows are suitable for row crops. Sprin- ment, especially in areas of intensive agriculture. Range- kler irrigation is also desirable. Keeping tillage to a land wildlife. for example, the pronghorn antelope, can be minimum and utilizing crop residue help to control ero- attracted by developing livestock watering facilities, sion. Maintaining fertility is important. Crops respond to managing livestock grazing and reseeding where needed. applications of phosphorus and nitrogen. This soil has good potential for urban development. The In nonirrigated areas this soil is suited to winter wheat. only limiting feature is the moderately rapid permeability barley, and sorghum. Most of the the acreage is planted in the substratum, which causes a hazard of ground water to winter wheat. The predicted average yield is 20 contamination from sewage lagoons. The loamy sand sur- bushels per acre. The soil is usually summer fallowyed in face layer is a limitation for recreational development. alternate years to allow moisture accumulation. Generally Once established, the lawns, shrubs, and trees grow well. precipitation is too low for beneficial use of fertilizer. Capability subclass IIIe irrigated, IVe nonirrigated: Stubble mulch farming, striperopping, and minimum til- Sandy Plains range site. iage are needed tc control soil blowing and water erosion. Terracing also may be needed to control water erosion. The potential native vegetation on this range site is dominated by sand bluestem. sand reedgrass, and blue grama. Needleandthread. switchgrass, sideoats grama, and western wheatgrass are also prominent. Potential production ranges from 2.200 pounds per acre in favora- ble years to 1.800 pounds in unfavorable years. As range condition deteriorates. the sand bluestem, sand reedgrass, and switchgrass decrease and blue grama. sand dropseed, and sand sage increase. Annual weeds and grasses invade the site as range condition becomes poorer. Management of vegetation on this soil should be based on taking half and leaving half of the total annual produc- tion. Seeding is desirable if the range is in poor condition. Sand bluestem, sand reedgrass, switchgrass, sideoats grama, blue grama, pubescent wheatgrass, and crested wheatgrass are suitable for seeding. The grass selected should meet the seasonal requirements of livestock. It can be seeded into a clean, firm sorghum stubble, or it can be drilled into a firm prepared seedbed. Seeding early in spring has proven most successful. 970377 45—Olney loamy sand, 3 to 5 percent slopes. This is a deep, well drained soil on plains at elevations of 4,600 to establishing trees and shrubs, can be controlled by cul- 5.200 feet. It formed in mixed outwash deposits. Included tivating only in the tree row and by leaving a strip of in mappine are small areas of soils that have sandstone vegetation between the rows. Supplemental irrigation and shale within a depth of 60 inches and some small may be needed at the time of planting and during dry leveled areas. periods. Trees that are best suited and have good survival Typically the surface layer of this Olney soil is grayish are Rocky Mountain juniper, eastern redcedar. ponderosa _ brown loamy sand about 7 inches thick. The subsoil is yel- pine, Siberian elm, Russian-olive, and hackberry. The lowish brown and very pale brown sandy clay loam about shrubs best suited are skunkbush sumac, lilac, and Siberi- 14 inches thick. The substratum to a depth of 60 inches is an peashrub. very pale brown, calcareous fine sandy loam. Wildlife is an important secondary use of this soil. The Permeability and available water capacity are cropland areas provide favorable habitat for ring-necked moderate. The effective rooting depth is 60 inches or pheasant and mourning dove. Many nongame species can more. Surface runoff is slow, and the erosion hazard if be attracted by establishing areas for nesting and escape low. cover. For pheasants, undisturbed nesting cover is essen- In irrigated areas this soil is suited to the crops corn- tial and should be included in plans for habitat develop- monly grown in the area. Perennial grasses and alfalfa or ment, especially in areas of intensive agriculture. Range- close grown crops should be grown at least 50 percent of land wildlife, for example, the pronghorn antelope, can be the time. Close grown crops and pasture can be irrigated attracted by developing livestock watering facilities, with contour ditches and corrugations. Furrows, contour managing livestock grazing, and reseeding where needed. furrows. anti cross slope furrows are suitable for row This soil has good potential for urban development. The crops. Sprinkler irrigation is also desirable. Keeping til- only limiting feature is the moderately rapid permeability iage to a minimum and utilizing crop residue help to con- in the substratum, which causes a hazard of ground water trot erosion. Maintaining fertility and organic matter con- contamination from sewage lagoons. The loamy sand sur- tent is important. Crops respond to barnyard manure and face layer is a limitation for recreational development. commercial fertilizer. Once established, the lawns, shrubs, and trees grow well. The potential native vegetation on this range site is Capability subclass IIIe irrigated, VI nonirrigated; Sandy dominated by sand bluestem, sand reedgrass. and blue Plains range site. grama. Needleandthread. switchgrass. sideoats grama. and western wheatgrass are also prominent. Potential production ranges from 2,200 pounds per acre in favora- ble years to 1,800 pounds in unfavorable years. As range condition deteriorates, the sand bluestem, sand reedgrass, and switchgrass decrease and blue grama. sand dropseed, and sand sage increase. Annual weeds and grasses invade the site as range condition becomes poorer. Management of vegetation on this soil should be based on taking half and leaving half of the total annual produc- tion. Seeding is desirable if the range is in poor condition. Sand bluestem, sand reedgrass, switchgrass, sideoats grama, blue grama, pubescent wheatgrass, and crested wheatgrass are suitable for seeding. The grass selected should meet the seasonal requirements of livestock. It can be seeded into clean, firm sorghum stubble, or it can be drilled into a firm prepared seedbed. Seeding early in spring has proven most successful. Windbreaks and environmental plantings are generally suited to this soil. Soil blowing, the principal hazard in 970077 69—Valent sand. 0 to 3 percent slopes. This is a deep. excessively drained soil on plains at elevations of 4,650 to Wildlife is an important secondary use of this soil. The 5,100 feet. It formed in eolian deposits. Included in cropland areas provide favorable habitat for ring-necked mapping are small areas of soils that have lime within a pheasant and mourning dove. Many nongame species can depth of 40 inches. be attracted by establishing areas for nesting and escape Typically the surface layer is brown sand about € cover. For pheasants, undisturbed nesting cover is esser:- inches thick. The underlying material to a depth of 60 tial and should be included in plans for habitat develop- inches is brown sand. ment. especially in areas of intensive agriculture. Range- Permeability is rapid. Available water capacity is land wildlife, for example, the pronghorn antelope, can be moderate. The effective rooting depth is 60 inches or attracted by developing livestock watering facilities:, more. Surface runoff is slow, and the erosion hazard is managing livestock grazing, and reseeding where needed. low. This soil has fair potential for urban development. Th-- This soil is suited to limited cropping. Intensive primary limiting soil features are the rapid permeabilit- cropping is hazardous because of erosion. The cropping and the susceptibility to soil blowing. Septic tank absorp- system should be limited to such close grown crops as al- don fields function properly, but in places the sandy sut- falfa, wheat, and barley. The soil also is suited to ir- stratum does not properly filter the leachate. Sewag rigated pasture. A suitable cropping system is 3 to 4 lagoons must be sealed. Once established. the lawn: years of alfalfa followed by 2 years of corn and small shrubs, and trees grow well. Capability subclass ICe it grain and alfalfa seeded with a nurse crop. rigated, VIe nonirrigated: Deep Sand range site. Closely spaced contour ditches or sprinkers can be used in irrigating close grown crops. Contour furrows or sprin- klers should be used for new crops. Applications of bar- nyard manure and commercial fertilizer help to maintain good production. The potential vegetation is dominated by sand bluestem, sand reedgrass, switchgrass, sideoats grama. needleandthread, little bluestem, and blue grama. Poten- tial production ranges from 2,500 pounds per acre in favorable years to 1,800 pounds in unfavorable years. As range condition deteriorates, the sand bluestem, switchgrass, sand reedgrass, sideoats grama, and little bluestem decrease, forage production drops, and sand sage increases. Undesirable weeds and annuals invade and "blowout" conditions can occur as range condition becomes poorer. Management of vegetation on this soil should be based on taking half and leaving half of the total annual produc- tion. Seeding is desirable if the range is in poor condition. Sand bluestem, sand reedgrass, indiangrass, switchgrass, sideoats grama, little bluestem, and blue grama are suita- ble for seeding. Because this soil is susceptible to soil blowing, it should be seeded using an interseeder, or the seed should be drilled into a firm, clean sorghum stubble. Seeding early in spring has proven most successful. Brush management also can help in improving deteriorated range. Windbreaks and environmental plantings are fairly well suited to this soil. Blowing sand and the moderate availa- ble water capacity are the principal hazards in establish- ing trees and shrubs. The soil is so loose that trees should be planted in shallow furrows, maintaining vegetation between the rows. Supplemental irrigation is needed to insure survival. Trees that are best suited and have good survival are Rocky Mountain juniper, eastern redcedar, ponderosa pine, and Siberian elm. The shrubs best suited are skunkbush sumac, lilac, and Siberian peashrub. 70—Valent sand, 3 to 9 percent slopes. This is a deep. excessively drained soil on plains at elevations of 4.650 to 5.100 feet. It formed in eolian deposits. Included in mapping are small areas of soils that have lime within a depth of 40 inches. Also included are small areas of soils that have sandstone between 40 and 60 inches. Typically the surface layer of the Valent soil is brown sand about 6 inches thick. The underlying material to a depth of 60 inches is brown sand. Permeability is rapid. Available water capacity is moderate. The effective rooting depth is 60 inches or more. Surface runoff is slow, and the erosion hazard is low. The potential vegetation is dominated by sand bluestem, sand reedgrass, switchgrass, sideoats grama, needleandthread, little bluestem, and blue grama. Poten- tial production ranges from 2,500 pounds per acre in favorable years to 1,800 pounds in unfavorable years. As range condition deteriorates, the sand bluestem, switchgrass, sand reedgrass, sideoats grama, and little bluestem decrease, forage production drops, and sand sage increases. Undesirable weeds and annuals invade and "blowout" conditions can occur as range condition becomes poorer. Management of vegetation on this soil should be based on taking half and leaving half of the total annual produc- tion. Seeding is desirable if the range is in poor condition. Sand bluestem, sand reedgrass, indiangrass, switchgrass, side-oats grama. little bluestem, and blue grama are suita- ble for seeding. Because this soil is susceptible to soil blowing, it should be seeded using an interseeder or the seed should be drilled into a firm, clean sorghum stubble. Seeding early in spring has proven most successful. Brush management can also help in improving deteriorated range. Windbreaks and environmental plantings are generally not suited to this soil. Onsite investigation is needed to determine if plantings are feasible. Wildlife is an important secondary use of this soil. Ran- geland wildlife, for example, the pronghorn antelope, can be attracted by developing livestock watering facilities, managing livestock grazing, and reseeding where needed. This soil has fair potential for urban development. The chief limiting soil features are the rapid permeability and the susceptibility to soil blowing. Septic tank absorption fields function properly, but in places the sandy sub- stratum does not properly filter the leachate. Sewage lagoons must be sealed. Once established, lawns, shrubs, and trees grow well. Capability subclass VIe irrigated, VIe nonirrigated; Deep Sand range site. 9'70377 EXHIBIT B 97937'7 A cn a WO (0 en Lri w H 00 (-4 tri C..) 0 hi z H C.) a w N O H h w w - O H aio a o H � a w H a O o � o o o A aw Fen z U A rn o O • 0 U Nt v)5AU" w 00 970377 STORM DRAINAGE SYSTEM DESIGN RATIONAL METHOD PROCEDURE CALCULATED BY - JFM PROJECT - AIRPARK P.U.D. DATE - 9-10-96 DIRECT RUNOFF Agtflli 6 . u x a 10 YEAR WATERSHED "Bl' 1 BI 7.3 0.6 15.28 4.38 3 13.14 DEVELOPED 100 YEAR WATERSHED "B1' 1 Bl 7.3 0.65 15.28 4.75 6 28.47 DEVELOPED 10 YEAR DESIGN STORM C= 0.6 A= 12.58 RELEASE 2.89 DURATION DURATION INTENSITY CxA Q RAINFALL RELEASE DETENTION (MIN) (SEC) (IN/HR) CFS 5 300 6 7.548 45.3 13586.4 868.02 12718 10 600 4. 6 7.548 34.7 20832.48 1736.04 19096 15 900 3.9 7.548 29.4 26493.48 2604.06 23889 20 1200 3.4 7.548 25.7 30795.84 3472.08 27324 30 1800 2.75 7.548 20.8 37362. 6 5208. 12 32154 40 2400 2.25 7.548 17.0 40759.2 6944.16 33815 50 3000 1.95 7.548 14.7 44155.8 8680.2 35476 60 3600 1.6 7.548 12.1 43476.48 10416.24 33060 90 5400 1.2 7.548 9.1 48911.04 15624.36 33287 120 7200 1 7.548 7.5 54345.6 20832.48 33513 150 9000 0.88 7.548 6. 6 59780.16 26040.6 33740 180 10800 0.8 7.548 6.0 65214.72 31248.72 33966 DETENTION = 35476 FTA3 970377 0 ti O v A ' o W O O O b y QU • to N c f+l N N O (BZFIDHI) ESIBNE1.14I 970377 100 YEAR DESIGN STORM C= 0.6 A= 12.58 RELEASE 10.69 DURATION DURATION INTENSITY CxA Q RAINFALL RELEASE DETENTION (MIN) (SEC) (IN/HR) CFS 5 300 9.3 7.548 70.2 21058.92 3207.9 17851 10 600 7.3 7.548 55.1 33060.24 6415.8 26644 15 900 6.4 7.548 48.3 43476.48 9623.7 33853 20 1200 5.5 7.548 41.5 49816.8 12831.6 36985 30 1800 4.3 7.548 32.5 58421.52 19247.4 39174 40 2400 3.5 7.548 26.4 63403.2 25663.2 37740 50 3000 3 7.548 22.6 67932 32079 35853 60 3600 2.7 7.548 20.4 73366.56 38494.8 34872 90 5400 1.85 7.548 14.0 75404.52 57742.2 17662 _ 120 7200 1.45 7.548 10.9 78801.12 76989.6 1812 150 9000 1.2 7.548 9.1 81518.4 96237 -14719 180 10800 1.05 7.548 7.9 85594.32 115484.4 -29890 DETENTION = 39174 FT^3 970377 0 m 0 WO 0 - ttozo Q o 0 0 V O � • O Y .i tlFLeS1i`! U a tr _ N \O .i (BuoNI) LLIBNYSNI 970377 CONVEYANCE CHANNEL 1 Worksheet for Triangular Channel Project Description Project File c:\haestad\fmwlairpark.fm2 Worksheet CONVEYANCE CHANNEL 2 Flow Element Triangular Channel Method Manning's Formula Solve For Discharge Input Data Mannings Coefficient 0.030 Channel Slope 0.5000 % Depth 2.00 ft Left Side Slope 3.000000 H :V Right Side Slope 3.000000 H :V Results Discharge 40.58 cfs Flow Area 12.00 ft2 Wetted Perimeter 12.65 ft Top Width 12.00 ft Critical Depth 1.63 ft Critical Slope 0.015073 ft/ft Velocity 3.38 ft/s Velocity Head 0.18 ft Specific Energy 2.18 ft Froude Number 0.60 Flow is subcritical. 03/1096 Jason FlowMaster v5.1O 02:4001 PM Haestad Methods,Inc. 37 Brookside Road Waterbury,CT 06708 (203)7551666 Page 1 of 1 970377 Curve Plotted Curves for Triangular Channel Project Description Project File c:thaestad1fmMairpark.fm2 Worksheet CONVEYANCE CHANNEL 2 Flow Element Triangular Channel Method Manning's Formula Solve For Discharge Constant Data Mannings Coefficient 0.030 Depth 2.00 ft Left Side Slope 3.000000 H :V Right Side Slope 3.000000 H :V Input Data Minimum Maximum Increment Channel Slope 0.1000 3.0000 0.1000% Discharge vs Channel Slope 100.0 90.0 80.0 70.0 Itrn 60.0 0 IA ea 50.0 N a 40.0 30.0 20.0 10.0 0.0 0.5 1.0 1.5 2.0 2.5 3.0 3.5 Channel Slope (%) 09N0/96 jason FlowMaster v5.10 02:39:10 PM Haestad Methods,Inc. 37 Brookside Road Waterbury.CT 0870E (203)7M-1666 Page 1 of 1 970377 CONVEYANCE CHANNEL 2 Worksheet for Triangular Channel Project Description Project File c:lhaestad\fmwlairpark.fm2 Worksheet CONVEYANCE CHANNEL 2 Flow Element Triangular Channel Method Manning's Formula Solve For Discharge Input Data Mannings Coefficient 0.030 Channel Slope 0.5000 % Depth 1.50 ft Left Side Slope 3.000000 H :V Right Side Slope 3.000000 H :V Results Discharge 18.84 cfs Flow Area 6.75 ft2 Wetted Perimeter 9.49 ft Top Width 9.00 ft Critical Depth 1.20 ft Critical Slope 0.016697 ft/ft Velocity 2.79 ft/s Velocity Head 0.12 ft Specific Energy 1.62 ft Froude Number 0.57 Flow is subcritical. 09r1095 Jason FIowAMlaster v5.10 02:33:03 PM Haestad Methods,Inc. 37 Brookside Road Waterbury,CT 06708 (Z03)755-1666 Page 1 of 1 970377 Curve Plotted Curves for Triangular Channel Project Description Project File c:\haestadlfmw\airpark.fm2 Worksheet CONVEYANCE CHANNEL 2 Flow Element Triangular Channel Method Manning's Formula Solve For Discharge Constant Data Mannings Coefficient 0.030 'Depth 1.50 ft Left Side Slope 3.000000 H :V Right Side Slope 3.000000 H :V Input Data Minimum Maximum Increment Channel Slope 0.1000 3.0000 0.1000% Discharge vs Channel Slope 50.0 45.0 40.0 35.0 - —30.0 0 10 5 25.0 H a 20.0 15.0 10.0 5.0 0.0 0.5 1.0 1.5 2.0 2.5 3.0 3.5 Channel Slope (%) OBr10/06 Jason FlowMaster v5.10 02:23:55 PM Haestad Methods,Inc. 37 Brookside Road Waterbury,CT 06706 (203)7951666 Page 1 of 1 970377 21"x15" ELLIPTICAL C.M.P. Worksheet for Circular Channel Project Description Project File c:\haestad\fmw\airpark.fm2 Worksheet DESIGN POINT 1 (CULVERT) Flow Element Circular Channel Method Manning's Formula Solve For Discharge Input Data Mannings Coefficient 0.024 Channel Slope 1.5000% Depth 17.2 in Diameter 18.00 in Results Discharge 7.48 cfs Flow Area 1.74 ft2 Wetted Perimeter 4.08 ft Top Width 0.62 ft Critical Depth 1.06 ft Percent Full 95.56 Critical Slope 0.024078 ft/ft Velocity 4.30 ft/s Velocity Head 0.29 ft Specific Energy 1.72 ft Froude Number 0.45 Maximum Discharge 7.50 cfs Full Flow Capacity 6.97 cis Full Flow Slope 0.017271 ft/ft Flow is subcritical. 03/1096 Jason FlowMaster v5.10 03:14:13 PM Haestad Methods,Inc. 37 Brookside Road Waterbury,CT 067CC (203)755-1666 Page 1 of I 970377 Curve Plotted Curves for Circular Channel Project Description Project File c:\haestad\fmw\airpark.fm2 Worksheet DESIGN POINT 1 (CULVERT) Flow Element Circular Channel Method Manning's Formula Solve For Discharge Constant Data Mannings Coefficient 0.024 Depth 17.2 in Diameter 18.00 in Input Data Minimum Maximum Increment Channel Slope 0.5000 3.0000 0.1000% Discharge vs Channel Slope 11.0 10.0 9.0 13 8.0 0 00 t y 7.0 6.0 5.0 4.0 0.5 1.0 1.5 2.0 2.5 3.0 Channel Slope (%) 09/1096 Jason FlowMaster y5.10 03:12:58 PM Heestad Methods,Inc. 37 Brookside Road Waterbury,CT 06708 (203)755-1666 Page 1 of 1 970377 AACKLAM PROJECT !�[./drri= I/i L/FY /a/PPAPK rl AA SSOCIATES, INC. JOB NUMBER SHEET OF SURVEYING-ENGINEERING CALCULATED BY DATE P.O.BOX 795•1001 E.BRIDGE ST. BRIGHTON, COLORADO 80601 •(303)659-8546 CHECKED BY DATE OurLEr srRuCrURE ORIFICE PL/QrE /9LLOW Q - I Yal,QR6[SAn. r 2. SGCFS Z-NV ELEv. = 92, 3 JO- YG /R co, S. aL"v. H _ /: 2 Q = Ca /q C2g/dlvz 2, 8G = C. 35 /; (2 x32. Z x L2; " 2.8G = 3, O7713 z , = O. 93 ° _ �G/4 pig _ /.ogg8 ' - /3 " USE /3 -OM OPC/J/AVG 970 377 DETENTION POND 100(YR) OUTLET CULVERT Worksheet for Circular Channel Project Description Project File cAhaestad\fmw\airpark.fm2 Worksheet OUTLET PIPE Flow Element Circular Channel Method Manning's Formula Solve For Discharge Input Data Mannings Coefficient 0.024 Channel Slope 0.6500% Depth 22.8 in Diameter 24.00 in Results Discharge 10.61 cfs Flow Area 3.08 ft2 Wetted Perimeter 5.38 ft Top Width 0.87 ft Critical Depth 1.17 ft Percent Full 95.00 Critical Slope 0.018099 ft/ft Velocity 3.44 ft/s Velocity Head 0.18 ft Specific Energy 2.08 ft Froude Number 0.32 Maximum Discharge 10.63 cfs Full Flow Capacity 9.88 cfs Full Flow Slope 0.007505 ftlft Flow is subcritical. 09/1396 Jason FlowMaster v5.10 10:46:39 AM Haestad Methods, Inc. 37 Brookside Road Waterbury,CT 06708 (203)755-1666 Page 1 of 1 970277 :U-. Uk 7507 Weld County Road 39 * Fort Lupton, Colorado 80621 A- (303) 659-7265 January 14, 1997 Mr. Todd Hodges, Lead Planner Weld County Planning Department 1400 North 17th Avenue Greeley, Colorado 80631 Re: Proposal for on-site improvements, Platte Valley Airpark P.U.D./Area "B" Dear Todd: The following proposal is being submitted to satisfy the improvements agreement requirement requested by the planning commission for the Site Specific Development Permit and P.U.D. for 39 additional hangar lots/Area B. The property (39 hangar lots) will be listed with Mercury Realty, Inc., 1020 Bridge Street, Brighton, CO 80601 , with James L. Erger as the listing broker. Mercury Realty will sell the individual hangar lots to qualified buyers using a Commercial Contract to Buy and Sell Real Estate, approved by the Colorado Real Estate Commission. (see attached contrail #CBS 2-7-96) The contract terms require a deposit totaling 30% of the purchase price, to be placed in escrow in a Mercury Realty Trust Account. Mercury Realty will continue to market and sell hangar lots until such time as a total sales revenue amount of $90,430.00 has been committed to contract. Upon formal closing of each individual lot purchase, the monies shall be placed in the Mercury Realty Trust Account. When the revenue amount in the Trust Account reaches $90,430.00, the escrow funds will be used to complete the improvements on Area "B". Proper invoices for the contracted improvements will be approved by Platte Valley Airpark and by Weld County. Upon final approval of the invoices, monies would be disbursed from Mercury Realty Trust Account to the contractors. 970377 We are confident that our revenue goal of $90,430.00 will be attainable in a minimal amount of time. The response to our proposed hangar project has been extremely positive and as a result, we currently have several qualified buyers ready to sign sales contracts as outlined above. Our Platte Valley Partnership feels strongly that our hangar project will be a first class development and will be an asset to Weld County and the surrounding area. Sincerely, PLATTE VALLEY AIRPARK, LTD. a Colorado Limited Partnership By: COLORADO AIRPARK ASSOCIATES, INC. a Colorado Corporation, General Partner `ficzAd7y n) 70 .ti Marilyn Taylor, President Enclosures: 1) Commercial Contract to Buy and Sell Real Estate #CBS 2-7-96 2) Commercial Exclusive Right to Sell Listing Contract LC 11-9-96 3) Platte Valley Airpark Hangar Development brochure and Price List (39 lots) 4) Concrete Contractors, Inc. proposal to install taxiway pavement 5) United Power proposal to install electrical connections for 39 lots 6) Land Farms, Inc. proposal to level and prepare the development site for hangar construction and taxiway paving 970377 aseadir I e 1 / rl _ / I 7507 Weld County Road 39 * Fort Lupton, Colorado 80621 r (303) 659-7265 January 14, 1997 Mr. Todd Hodges, Lead Planner Weld County Planning Department 1400 North 17th Avenue Greeley, Colorado 80631 Re: Request for documentation that addresses the plan for any repair for the existing runway, Resolution, S-409 Dear Todd: Please be advised that in reviewing the initial application for Platte Valley Airpark PUD, there is no indication of planned repair to the existing runway in conjunction with our hangar development. Our current runway is adequate and usable at the present time for both hangar tenants and transient business. As a public use airport, our facility is inspected and approved annually by the FM. At some point in time, with adequate revenue, we do plan to improve our existing runway. Our future hangar development is not dependent on this improvement, however, as you can imagine, success of the project will obviously help to generate the needed revenue. Thank you for your time and all of the hard work you have contributed to our hangar project. Sincerely, PLATTE VALLEY AIRPARK, LTD. a Colorado Limited Partnership By: COLORADO AIRPARK ASSOCIATES, INC. a Colorado Corporation, General Partner Marilyn Taylor, President 970377 02-11-97 08:52 22 3036597265 �_ M Taylor a' 001 t< �f 'i0),,' i 'i!3d�_;it ,t tt l`..a � } 1I� . 1. 11,a 1I441pp p nin pep iYA4. 0,llia , t 1 1 rrii,c plan � 7�t ,' ,�iPR'r. yt�� d�tli „ l0 Revised 12/95 .' 1iy B 1 1 1997 �l �i�r 17T:A7 ].5: itH I�S �� Zott3 lit t aw o if rat ��99 1f1l , Y y"1'lla� �^l:P ,d EXHIBIT"B r l' I , P( eq „}tCh! ' ^�'II a of Subdivision: ttpQ./` Ar , ta-1 (fat_ (Pi�!`� 111`l' g; -74 fatirE[ t t Ica toZ i3e iort � Z3 ! Twns.Cf 2 y.., ,l ,41,itl,{ 'location: b5,j(l�S1' tl p + ;rl `?;1" a : L�,e'°t�t- L d r� ��1 lit pld/ Go�..ty Cola ratio fest "1 r ` 4 'intending to be legally bound, the undersigned Applicant hereby agrees to construct the Pri t11�1'l'liONr I' intprnvernentsshown on the final subdivision plat of ',$f dated _Subdivision, I9 _, Recorded on - - 19 in Book Page Nu 1kz t `'Illi -_.--_- g --_• Reception.No. -.� the following schedule. p el l,, d1�m r -. '!'Foal plat. yAll improvements shall be completed within— ___. years from the date of approval of the =1 1 LN I'F H i ' 6iV ° Con&traction of the improvementslisted in Exhibit "A"shall be completed as follows: JI ;� a/ xg P �'v (Leave spaces blank where they do not apply.) 1 'I ly [ C ',;, 1� ', fI ° -1•.CA.�1;Ct1YY�lr_ie- t + 1. �, , Tin iz t completion k yn Ip ' t �1�,'y,'a ' r�tnlr" r --- -- ----- "1 et base --�_ �r 4 h _ -- — — w ` �� ,�� &4l�yinl!� :_.—T_._`_ _ _.._..�. /.S. PF'Q.. Lean r3�3 re iae_r�. -- f, r4S '' ICSlfla;f gutters_ and culverts id , +r ,,yyam� ____ __ -__._ ___ ,i {Ii tt ` 7 J{!1.rdt.wa1. ,._.__w„_-' 111,: 1. r, ,W,i,.,StQmt_sewer faet)ities `-- ,� -- - i ( Pilo etcntionRoads y79 tlui4I p C,-11. argyemr ents _..._�� _.. T.....-- -- ... ..�.... 'l i p r ` ik surtgce drainage__ ' t i ,Jr Y g,,artttdry nowcrs-,.- ..,.." ____T :_-. t(o, rlrwtl.anttorced lintT i lih'1� ,l,l Later is (house cpnriectedl �.�__ —._ ` n- it 1 l�f' a sewage facilities, _ _ - _199'' `11IJN�� 9tIsR..wRCersr,001S`andstnr-age ^ _ t. trSF s�117{Le1r mains --- __.�_.. -.�.. `--- a l„ll Ytt l }tvdrents d njl $ury ik a1rret monnme nlsA boxes _ ..._... r+t ��i1 y�tr'eat In.bti�P.�- ------, --- -1 —'' 1 Yi?1� r s ingicmi acc nertts _ . hit Nt, i 7ua s• li:~_ dr t `r park imDmyemenLR ,yt r, ? ¢ .r . __ '' ` r a t't+ ill*terTransfer r- u-t esc oetJy nq[5 i.Ai�,t hxi- - t' `I rt P J,•.....'0 rY OLi.f'cJlnMI ) /7'c i.,i.l.r .. n .. _ 02/11/97 09:04 TX/RX N0.6349 94„ c t d 02-11-97 09:03 d 3036597265 M Taylor s 001 Yilik.;L 'ii llada dti 1 I ,,100i r iy. iV7rA7 75:se FAX limp,y l..'1,fr.), li xs I h EXHIBIT ".t" Name ofSubdivicir.n• PLATTC S/ /9' - - CV' a-0S-1)Me(.�. 11, yl��t,� i,`` Filing; _ arch' 15 H ' gyp'- lawa'caL fT ?c ivnS '_ $( tTuwns �iip 2 YVa.t-�/�../ uli1. 4 ,C. Location: Quin,e- i t,..We$ ?' od-z'�"'- -Yti PAt t l ve he e^Qa.t 7 CO4Lag 50 ! ' Intending to be legally bound, the undersigned Applicant hereby,' „, ,t4e, agrees to provide throughout19thin ��,y.,yi�,l f ,vt� m'l'd,vi;oon and as shown v„ an;subdivision Snwl F,1Ftt County doled 1� J„r ,@ 1.41 HIt ` recorded on _ _- 19� , in Brick _ Page No. , Reception No. 'ti4� 'i di I _ _. .,._._._,die fol10 viug improvements- --.' �� i I 1.j, A. 1. , ,(Leave spaces blank where they do TOE apply) 41 11 ��a Estimated Sit ';� boorovem_ntS' 'LCn L Con5trucrian C- lL 1, �4 1. r• street fllachag-.__._____ .-......, _ _`--.�_�_.. v i 'li, `,�`,p: hace _ 'rk;, ,Street paving - 69�efeo4"._ —i1 9P)you cy ::! d1,0: cUrbs gU,ttcts & cnlvcrt-�s__ � e , , ;+ ,3 .; :Storm ys wer faci l tries -__- - — wr^'a k 1 fr,. $iapation ponds _ q ` �f:L41.1111t1i�vemen _ ---. � "L :£ibstA tcfe_dcth„ag e '42 5i .-- a 1 5L ,� —� — ..._—— i 0 fJ SAtllJe erS� . -- r ._ _. .la! i4 rnkk . Y ' putikS�_lreed lin �t . — — — - - 1, ; lnQi i Mains .._ — __a--- ' LpLslalslhcuse47YlR€. d1�Atli; 11, o t i, ,1 �n-sretewacetacihtif . - ,- i — '` k Do-site water suDpiv&slot e '�� )HIS, ,itrr v Ater mains-lust Bore �" .. �..__.r:_ `S ltIOiI I -fire hydr$rit5—,.._ ..��•_ I�, I.,„ii + ' gy.S6 StrL'�ctmonurneT1 .,jiyics — - .— _T sri�` iii t'i ''Atreet lightm,g_ -�'_ - ��-- — j} Ir ii likb `°', 5.treet.ame signs --_�..... _ . 0 g b�44 illt� tenting renutj pts -- --„__.,.�.. ---._^ {: ),andseaping __ OW hi�su F..Park improvements ----:---, -- ---- -- - __ _ OI t Grew Lined Swale • id ..--- a. "-- !kV 14 !" 4 r .L.asik Pre ato Fi v -C�c ., lt R` t, x ;rtr 5SIB-TatAfs__ — ----.- -T --- - -- ',91i 'ui � nit -_._a.. r s F 97©377 � ��,.. 9 Revised I 35, 02/11/97 09: 13 TX/RX NO.6350 P.001 II [ 1 i 4'. 14,1)2 Hly l 16 41' }( 0 7: \ l MalO � ,it �- t ) l ¢ 6 ' i 1 gneermg and Supervision Costs_ 1 , r (tasting. inspection,as-built plans and Work in addition to p,•elimimuy and final plat; supervision of actual } ,Y l , Construction by contractors) t �ll' -- UM 30 q,, J �l TOTAL. ESTIMATED COST OF IMPROVEMENTS AND� SUPEliV7.5TOA' $___ it i. �i„ Fiat 1 tine above improvements shall be constructed in accordance with all County requirements and specifications, , i ii' ° and confvn,na nce .,qdi alb provision shall be determined sulcly by Weld County. or its duly authorized ;1y,pp l r - 'anent. 44a i - Said improvements shall be completed according to the construction schedule set out in Exhibit "B". ! - - --" '. � Pla in lr a t 4 . Pi vi , • (7+? corpnrat;on,to be signed by President and attested to by secret..D. together with corporate senl.) 7� I�° ,r� t' - Dalc___7:Af ._!� 19. 9 0,. ,k .�i 11' , 970377 02/11/97 09:13 TX/RX NO.6350 P.001 II 11 i4L: I? glee VALLE r RPApier > , t • Need A New Airport ...and A New Home For Your Aircraft ? Own your hangar and the ground under it ! Annowicine ..-. PLATTE VALLEY AIRPARK HANGAR DEVELOPMENT Acres and Acres of Colorado Countryside, miles and miles of Blue Skies, Spectacular Sunsets, Friendly Atmosphere, and no Class B Airspace problems ! ***Lots starting at $ 12,500 ****Cornplete Hangar packages (with electricity 1 starting at $35.000 (plus applicable taxes) ****Construction scheduled to begin in earlv Spring el -97 RESERVE YOUR SPACE NOW ! CALL FOR TERMS AND INFORMATION ON FINANCING Contact Jim Erger at 659-0549 OR MERCURY REALTY 659-1332 Platte Valley Airpark, 7505 WCR 39. Fort Lupton, CO 80621, (303) 659-7265 s7 FL; a 61 avow AINI103 a7.141 s ' oe'osa 3 .0000.00 N coos J // R; 0 0 0 0 0 0 0 0 0 000000 0 0 0 0 8 [6 a // d -II al al .. sn in Lc) s // v4 r r» 'V 'Dr r r I eg H H rI ri rH ri c' d' H r-I i 5 i // CA-in V}CO U)-V} Vr Vr Vr Vr eLE, Y y 8 .! I I iy E d o r CO CT �� =// X ri N M V' In lD X ri X ri X ri N °" c - ' j"bv,ry28: yDy } "// H 000000H OH OH OO waaaaaacoamamaa $, 2 // 1 //�� ` I . 0 0 0 0 0 0 0 O • 1 e ao 0000 x l Q` p,e // 0 0 0 0 0 0 0 0 y ". d' d' a\ 01 01 01 V' C I r — d/. /6 $ 9n0 8 Q /1 1 in 11 / , w X r-INMd' ill iOr co � '"� i F 0 • m P. 'ow ii I H00000000 8 08°90` ., - 06 / maaaaaaaa I �° Q y! I.6 00000000 _ I 1 r-, 1 � / 00000000 a •' { O o In In In in oo s g ILA 5m MMNNN NMM B � s's_I1 4, IL-is / / H Hi H H , Tro'ro ` 3 tas°e� yrVrVrVrVrVrVrVr 8r—g-- g. a'—" 2 1I" �t 0. �� z 'a 8 H 'Cr 7 4 A '�/ �� ,J l p / / XrIN en -r in co r-- W w ' w � ' H00000000 T e I_ oaaaaaaaaa f 8 s f csJ _ C '*; �J / —sti 0 s" 2 g xe / �� I 000000 s 0), 000000 g i 00In Ul 00 '` \—' d I M M CV CV M M ww a , I H H H H H H i LID Vr CO-in-CA-in- a � � / 2 cn 0 riNMd' �fl l0 / O ., l0 J-i V -P H 0 0 0 0 0 0 0 L°' , maaaaaa 4Oa ! II A 0 0 0 0 0 0 0 8 �w p Erin/ / O O O O O O O 8 g I CO / 'Dr "I' d' 'DP 'I' cr.' C cc ce ' � CO CO t D t O CO / - in-DO-in VD Vr to tO- B E A3'9 ww y ♦4"60$ r-i N X r1N M 'Cr Lin X (ON U, 0 O 1+i 4 4 - 4 O 4 4- r-i 0 0 0 0 0 HOO waaaaa w .- a EXHIBIT "A" Name of Subdivision: Filing: Location: Intending to be legally bound, the undersigned Applicant hereby agrees to provide throughout this subdivision and as shown on the subdivision final plat County dated , 19 recorded on , 19 , in Book , Page No. , Reception No. , the following improvements. (Leave spaces blank where they do not apply) Estimated Improvements Unit Cost Construction Cost Street grading — Street base Street paving 68,000 ,Lot rt. t 40/ goo. cc Curbs, gutters. & culverts Sidewalk Storm sewer facilities Retention ponds Ditch improvements Subsurface drainage Sanitary sewers Sanitary sewers Trunk & forced lines Mains Laterals (house connected) On-site sewage facilities On-site water supply& storage Water mains-Includes Bore Fire hydrants Survey& street monuments & boxes Street lighting Street name signs Fencing requirements Landscaping Park improvements Road Culvert Grass Lined Swale Telephone Gas Electric UN'TE > PowEiz, d �'r el3o Water Transfer SUB-TOTAL 9 Revised 12/95 970377 Engineering and Supervision Costs (testing, inspection, as-built plans and work in addition to preliminary and final plat; supervision of actual construction by contractors) TOTAL ESTIMATED COST OF IMPROVEMENTS AND SUPERVISION $ The above improvements shall be constructed in accordance with all County requirements and specifications, and conformance with this provision shall be determined solely by Weld County, or its duly authorized agent. Said improvements shall be completed according to the construction schedule set out in Exhibit "B". (In corporation,to be signed by President and attested to by Secretary,together with corporate seal.) Date: , 19 10 970ffl2195 EXHIBIT "B" Name of Subdivision: Filing: Location: Intending to be legally bound,the undersigned Applicant hereby agrees to construct the improvementsshown on the final subdivision plat of Subdivision, dated , 19 , Recorded on , 19 , in Book , Page No. , Reception No. , the following schedule. All improvements shall be completed within years from the date of approval of the final plat. Construction of the improvements listed in Exhibit "A" shall be completed as follows: (Leave spaces blank where they do not apply.) Improvements Time for Completion Site grading r. Street base L Street paving AS PER I-oC5 ArzE SOLm Curbs, gutters, and culverts Sidewalk Storm sewer facilities Retention ponds Ditch improvements Subsurface drainage Sanitary sewers Trunk and forced lines Mains Laterals (house connected) On-site sewage facilities On-site water supply and storage Water mains Fire hydrants Survey& street monuments & boxes Street lighting Street name signs Fencing requirements Landscaping Park improvements Telephone Gas Electric Water Transfer Sub-Total 11 9 (03 1/ Kevised 12/95 January 13 , 1997 • CONCRETE CONTRACTORS INCORPORATED ,nc• Interstate PROPOSAL #12501 Proposal Submitted To: Work Preformed At: Attn: Lloyd Land Name : Platte Valley Airport Street : City: Ft . Lupton, CO Phone : Fax: We hereby propose to furnish the following: Ref : Taxi way pavement Install approximately 68 , 000 s . f . 2 " asphalt on 6 " base . Cost per s . f . . 60 TOTAL $ 40 , 800 . 00 All material is guaranteed as specified, and performed in accordance with the above specifications . Terms are as follows: Any alteration or deviation from the above specifications involving extra costs, will be executed only upon written orders, and will become an extra charge over and above our control. The owner is to carry fire, tornado, and other necessary insurance upon the above work. Workmen's Compensation and Public Liability Insurance on the above work is covered. THIS PROPOSAL MAY BE WITHDRAWN BY US IF NOT ACCEPTED WITHIN 30 DAYS'. 1 7 c Signature : 1 � �u.�; : �p Date : /- /3 - 97 Concrete Contra ors Interstate Inc . Signature : Date : 970377 post office box eight • brighton, colorado 90601 • 2 miles north of brighton on highway 65 • (303) 659-2363 • fax (303) 659-2367 LAND FARMS, INC. 12501 Riverdale Road Brighton, Colorado 80601 (303) 654-0203 PROPOSAL SUBMITTED TO: Plane Valley Airpark 7597 WCR 39 Fort Lupton, CO 80621 RE: Planned Unit Development/39 Hangar Lots We hereby submit specifications and estimates for work on 10 acre development site as follows: A. All carry-all work B. All fine grading C. Haul 4" road base for taxiways Complete all detail work as outlined in construction site development plan prepared and engineered byAcklam Associates, Inc. We hereby propose to furnish labor and materials - complete in accordance with the above specifications, for the sum of: 3� oco Authorized Signature: . Date: / -yq LAND FARMS, INC. Accepted By: Date: 970377 t�NITED POWER UNITED POWER, INCORPORATED P.O. BOX: 929, BRIGHTON, CO 80601 TELEPHONE:(303)659-0551 • 1-800-468-8809 FAX(303)659-2172 January 9, 1997 Mr. Lloyd Land Platte Valley Air Park 7507 Weld County Road #39 Fort Lupton, CO 80621 Dear Mr. Land: SUBJECT: New Service Cost Estimate United Power will install approximately 1655 ft . of underground primary service line and four, 15kVa pad-mount transformers to provide 200 amp, 120/240 volt, single-phase electrical service to the proposed 38 corporate hangars to be located at Platte Valley Air Park. The total estimated construction cost for this new service is $27 , 430 . Each new account will qualify for a refundable con- struction allowance of $1 , 190 , when permanently metered, to a maximum allowable total refund of $27 , 430 . The installation of all metering facilities and secondary service is the responsibil- ity of your electrician. This estimated cost is valid for six months and is based on non- frost conditions and current design information and is also subject to adjustment should construction requirements change. If you need further information or wish to proceed with this project, please give me a call . Sincerely, UNITED POWER, INC. 6Lis P David P. Jacovetta Platte Valley District Representative DPJ/cs A CONSUMER OWNED UTILITY 970377 - r; 'k MERCURY tat ' P REALTY, INC. Phone: (303) 659-4332 . A11�II�4� '. • 1020 Bridge Street FAX: (303) 659-4923 Brighton, Colorado 80601 THIS FORM HAS IMPORTANT LEGAL CONSEQUENCES AND THE PARTIES SHOULD CONSULT LEGAL AND TAX OR OTHER COUNSEL BEFORE SIGNING. Compensation charged by real estate brokers is not set by law. Such charges are established by each real estate broker. DIFFERENT BROKERAGE RELATIONSHIPS ARE AVAILABLE WHICH INCLUDE BUYER AGENCY,SELLER AGENCY,SUBAGENCY ORTRANSACTION-BROKER EXCLUSIVE RIGHT-TO-SELL LISTING CONTRACT (COMMERCIAL) (SELLER AGENCY) HUDSON ,Colorado December 10 , 19 96 PLATTE VALLEY AIRPARK LTD Name(s) of Owner(s) ("Seller") hereby irrevocably appoint(s) MERCURY REALTY, INC. , 1020 BRIDGE ST., BRIGHTON, COLO. 80601 n/a Broker's Name and Address ("Broker") as Seller's exclusive agent for the purposes and under the terms specified herein, and the parties agree: 1. PURPOSE OF AGENCY. The purpose of this agency contract ("Listing Contract") is to engage the efforts of Broker to accomplish the sale of the real property legally described as: SEE ATTACHED "EXHIBIT A" also known as 7507 WELD COUNTY RD. 39 HUDSON COLO 80642 Street Address City State Zip together with such items of personal property to be conveyed pursuant to Section 8 (collectively, the "Property"). 2. BROKER'S SERVICES. Broker is a limited agent of the Seller and will represent only Seller. (a) Broker shall promote the interests of the Seller with the utmost good faith, loyalty and fidelity, including, but not limited to: (1) Seeking a price and terms which are acceptable to the Seller; except that Broker shall not be obligated to seek additional offers to purchase the Property while the Property is subject to a contract for sale; (2) Presenting all offers to and from the Seller in a timely manner regardless of whether the Property is subject to a contract for sale; (3)Disclosing to the Seller adverse material facts actually known by the Broker, (4)Counseling the Seller as to any material benefits or risks of a transaction actually known by the Broker, (5)Advising the Seller to obtain expert advice as to material matters about which the Broker knows but the specifics of which are beyond the expertise of the Broker, (6)Accounting in a timely manner for all money and property received; and (7)Informing the Seller that such Seller may be vicariously liable for the acts of such Seller's agent or any subagent when the Broker is acting within the scope of the agency relationship. (b) Broker shall not disclose the following information without the informed consent of the Seller: (I)That the Seller is willing to accept less than the asking price for the Property, r (2)What the motivating factors are for the Seller to sell the Property; (3)That the Seller will agree to financing terms other than those offered; (4)Any material information about the Seller unless the disclosure is required by law or failure to disclose such information would constitute fraud or dishonest dealing; or (5)Any facts or suspicions regarding circumstances which may psychologically impact or stigmatize any real property pursuant to Colorado law. (c) Broker shall disclose to any prospective buyer all adverse material facts actually known by Broker including but not limited to adverse material facts pertaining to the title to the Property and the physical condition of the Property, any material defects in the Property, and any environmental hazards affecting the Property which are required by law to be disclosed. 3. SALE. "Sale of the Property" or "Sale" means the voluntary transfer or exchange of any interest in the Property or the voluntary creation of the right to acquire any interest in the Property (including a contract or lease). 4. EFFECT OF THIS LISTING CONTRACT.By this appointment, Seller agrees to conduct all negotiations for the Sale of the Property only through Broker, and to refer to Broker all inquires received in any form from real estate brokers, salespersons, prospective buyers,tenants or any other source during the time this Listing Contract is in effect. Seller authorizes Broker to disclose any facts about the Property. In addition, Seller agrees that any Broker compensation which is conditioned upon the Sale of the Property shall be earned by Broker as set forth herein without any discount or allowance for any efforts made by Seller or by any representative of Seller in connection with the Sale of the Property. 5. THE LISTING PERIOD. Broker's authority shall begin December 10, 1996 , and shall continue through December 10, 1997 ("Listing Period"). , 6. PRICE AND TERMS. Price:U.S.$ Terms: SEE ATTACHED "EXHIBIT B" 3? LOTS RANGE FROM $12,500.00 TO $44,000.00 Minimum amount of earnest money deposit U.S. $ 30% OF/ SELLINGte f PRICE check 7. DEPOSITS. Broker is authorized to accept earnest money deposits pursuant to a proposed Sale contract. Broker is authorized to deliver the earnest money deposit to the closing agent, if any, at or before the closing of the Sale contract. 8. PRICE TO INCLUDE. The purchase price includes the following items if owned by Seller (a) if attached to the Property on the date of the agreement for Sale: lighting, heating, plumbing, ventilating, and air conditioning fixtures, TV antennas, water softeners, smoke/fire/burglar alarms, security devices, inside telephone wiring and connecting blocks/jacks, plants, mirrors, floor coverings, intercom systems, built-in kitchen appliances, sprinkler systems and controls, built-in vacuum systems (including accessories), and garage door openers including N/A remote controls; (b) if on the Property whether attached or not on the date of this Listing Contract: storm windows, storm doors, The printed portions of this form,except(italicized)(differentiated)additions,have been approved by the Colorado Real Estate Commission. LC11-9-96 EXCLUSIVE RIGHT-TO-SELL LISTING CONTRACT(Commercial) RealFAST®Forms,Box 4700,Frisco,CO 80443, Version 5.02,CRealFAST®,1996;Reg#TCOCOL222456 Completed by-Jim Erger,Broker Associate,Mercury Realty,Inc. p ,i[T; �y^'y �g 12/17/9608:00:02 Jai 0- 8' ! Seller(s)ge4 4 window and porch shades, awnings, blinds, screens, curtain rods, drapery rods, all keys; and (c) N/A The above described items ("Inclusions") shall be conveyed by Seller to buyer by bill of sale at closing, all in their present condition, ordinary wear and tear excepted, conveyed free and clear of all taxes, liens and encumbrances unless assumed by buyer. The following attached fixtures are excluded from the Sale: N/A 9. TITLE AND ENCUMBRANCES. Seller represents to Broker that title to the Property is solely in Seller's name: Seller shall deliver to Broker true copies of all relevant title materials, lease(s) and survey(s) in Seller's possession and shall disclose to Broker all easements, liens and other encumbrances, if any, on the Property, of which Seller has knowledge. Seller authorizes the holder of any obligation secured by an encumbrance on the Property to disclose to Broker the amount owing on said encumbrance and the terms thereof. In case of Sale, Seller agrees to convey, by a GENERAL WARRANTY deed, only that title Seller has in the Property. All monetary encumbrances (such as mortgages, deeds of trust, liens, financing statements) shall be paid by Seller and released except as Seller and buyer may otherwise agree. Existing monetary encumbrances are as follows: ANDREW J. HALLER AND COVENELIA M. HALLER The Property is subject to the following leases and tenancies: NONE If the Property has been or will be assessed for local improvements installed at the time of signing a Sale contract, Seller will be responsible for payment of same unless otherwise agreed. Broker may terminate this Listing Contract upon written notice to Seller that title is not satisfactory to Broker. 10. EVIDENCE OF TITLE. Seller agrees to furnish buyer, at Seller's expense, Seller's choice of a commitment for, and a policy of, title insurance or an abstract of title to the Property certified to a current date in the amount specified by any Sale contract. 11. PRORATIONS. General taxes for the year of closing,based on the taxes for the calender year immediately preceding closing,rents,water and sewer charges, owner's association dues, and interest on continuing loan(s), if any, and NONE shall be prorated to the date of closing. 12. POSSESSION. Possession of the Property shall be delivered to buyer as follows: DELIVERY OF DEED subject to the leases and tenancies as described in Section 9. 13. MATERIAL DEFECTS-BROKER DISCLOSURES-INSPECTION.Seller agrees that any defects of a material nature (including, but not limited to, structural defects; soil conditions; violations of health, zoning or building laws; nonconforming uses and zoning variances) actually known by Broker must be disclosed by Broker to any prospective buyer. Seller agrees that any buyer may have the Property and Inclusions inspected. 14. COMMISSION TO BROKER (a) Commission. In consideration of the services to be performed by Broker, Seller agrees to pay Broker as follows: (1) Sale Commission.(i) 7 (%)of the gross sales price in U.S.dollars,or(ii) r n/a (2)Lease Commission.CO N/A (%)of the gross rental under the lease in U.S.dollars,or(ii) N/A (b) When Earned. Such commission shall be earned upon the happening of any of the following: (1)Any Sale of the Property within the Listing Period by Seller, by Broker or by any other person; (2)Broker fording a buyer who is ready, willing and able to complete the transaction as specified herein by Seller; or (3)Any Sale of the Property within 30 calendar days subsequent to the expiration of the Listing Period ("Holdover Period") to anyone with whom Broker negotiated and whose name was submitted, in writing, to Seller by Broker during the Listing Period (including any extensions thereof); provided, however, that Seller shall owe no commission to Broker under this subsection (3) if a commission is earned by another licensed real estate broker acting pursuant to an exclusive right-to-sell listing contract or an exclusive agency listing contract entered into during the Holdover Period. (c) When Applicable and Payable. The commission obligation shall apply to a Sale made during the Listings Period or made during any extension of such original or extended term. The commission described in subsection (a)(1) shall be payable at the time of the closing of the Sale as contemplated by subsection (bxl) or (bX3), or upon fulfillment of subsection (bX2) where either the offer made by such buyer is defeated by Seller or by the refusal or neglect of Seller to consummate the Sale as agreed upon. (d) Lease and Lease Option Commissions. If the transaction consists of a lease or a lease and right to purchase the Property, the commission relating to the lease shall be as provided in subsection (aX2), payable as follows: N/A 15. LIMITATION ON BROKER'S COMPENSATION. Broker shall not accept compensation from the buyer, the buyer's agent, or any entity participating in or providing services for the Sale without the written consent of Seller. 16. OTHER BROKERS,ASSISTANCE—MULTIPLE LISTING SERVICE. (a) Broker shall seek assistance from and offer compensation to the following brokers outside of the listing company: (Check all that apply.) ❑ (1) Other Brokers representing Seller ("Subagents"). (Subagents representing Seller owe duties of utmost good faith, loyalty and fidelity to Seller only. Seller may be vicariously liable for the acts of Subagents when acting in the scope of the agency relationship.) Broker will offer compensation to Subagents as follows: CO N/A (%)of the gross sales price in U.S.dollars or(ii) n/a ® (2) Brokers representing the buyer ("Buyer Agents"). (Buyer Agents representing Buyer owe duties of utmost good faith, loyalty and fidelity to buyer only. Seller is not vicariously liable for the acts of Buyer Agents.) Broker will offer compensation to Buyer Agents as follows: (i) 2. 8 (%)of the gross sales price in U.S.dollars,or(ii) n/a ® (3) Brokers assisting the buyer in the transaction but not acting as agents ("Transaction-Brokers"). The printed portions of this form,except(italicized)(differentiated)additions,have been approved by the Colorado Real Estate Commission. LC11.9.95 EXCLUSIVE RIGHT-TO-SELL LISTING CONTRACT(Commercial) RealFA$T®Forms.Box 4700,Frisco,CO 80443, Version 5.02,ORealFA$T®,1996;Rep#TCOCOL222456 Completed by-Jim Erger,Broker Associate,Mercury Realty,Inc. 12/17/96 08:00:02 Page 2 oqf 4 Seller(s) /Y( 97037`7 (Transaction-Brokers must exercise reasonable skill and care for the parties. Seller is not vicariously liable for the acts of Transaction-Broker.) Broker will offer compensation to Transaction-Brokers as follows: (i) 2.8 (%)of the gross sales price in U.S.dollars,or(ii) n/a (b) Broker ® will E will not submit the Property to a multiple listing service. 17. IN-COMPANY DUAL AGENCY AND TRANSACTION-BROKER If a written Dual Agency Addendum or Transaction-Broker Addendum is signed by Seller, Broker may show Property to buyers represented or assisted by Broker. 18. FORFEITURE OF PAYMENTS. In the event of a forfeiture of payments made by a buyer, the sums received shall be•divided between Broker and Seller, one-half thereof to Broker, but not to exceed the commission agreed upon herein, and the balance to Seller. 19. COST OF SERVICES; REIMBURSEMENT.Unless otherwise specified in Section 28, Broker shall bear all expenses incurred by Broker, if any, to market the Property and to compensate cooperating brokers, if any. Broker will not obtain or order any other products or services unless Seller agrees in writing to pay for them promptly when due. Unless otherwise agreed, Broker shall not be obligated to advance funds for the benefit of Seller in order to complete a closing. (Examples: surveys, radon tests, soil tests, title reports, engineering studies.) Seller shall reimburse Broker for payments made by Broker for such other products or services authorized by Seller. 20. MAINTENANCE OF THE PROPERTY. Seller agrees that Broker shall not be responsible for maintenance of the Property nor shall Broker be liable for damage of any kind occurring to the Property, unless such damage shall be caused by the negligence of Broker. 21. OTHER SELLERS. Seller acknowledges that Broker may have agreements with other sellers to market and sell their properties. 22. NONDISCRIMINATION. The parties agree not to discriminate unlawfully against any prospective buyer because of the race, creed, color, sex, marital status, national origin, familial status, physical or mental handicap, religion or ancestry of such person. 23. RECOMMENDATION OF LEGAL COUNSEL. By signing this document, Seller acknowledges that the Broker has advised that this document has important legal consequences and has recommended consultation with legal and tax or other counsel, before signing this contract. 24. ALTERNATIVE DISPUTE RESOLUTION:MEDIATION. If a dispute arises between the parties relating to this contract, and is not resolved, the parties involved in such dispute (Disputants) shall first proceed in good faith to submit the matter to mediation. The Disputants will jointly appoint an acceptable mediator and will share equally in the cost of such mediation. In the event the entire dispute is not resolved within thirty (30) calendar days from the date written notice requesting mediation is sent by one Disputant to the other(s), the mediation, unless otherwise agreed, shall terminate. This section shall not alter any date in this contract, unless otherwise agreed. 25. ATTORNEY FEES. In case of arbitration or litigation between Seller and Broker in their respective capacities, the parties agree that costs and reasonable attorney fees shall be awarded to the prevailing party. 26. MODIFICATION OF THIS LISTING CONTRACT.No subsequent modification of any of the terms of this Listing Contract shall be valid, binding upon the parties, or enforceable unless made in writing and signed by the parties. 27. ENTIRE AGREEMENT. This Listing Contract constitutes the entire agreement between the parties relating to the subject hereof, and any prior agreements pertaining thereto, whether oral or written, have been merged and integrated into this Listing Contract. 28. ADDITIONAL PROVISIONS.(The language of these additional provisions has not been approved by the Colorado Real Estate Commission). RE: PARAGRAPH 21: THE SELLERS ARE IN THE PROCESS TO SUBDIVIDED THESE 39 AIRPLANE HANGAR LOTS. WELD COUNTY PLANNING HAS APPROVED THE SUBDIVISION, HOWEVER IT GOES TO THE WELD COUNTY COMMISSIONERS FOR FINAL APPROVAL. PROSPECTIVE BUYERS MAY ENTER INTO A CONTRACT TO BUY AND SELL REAL ESTATE THESE LOTS UPON PAYING EARNEST MONEY IN THE AMOUNT OF 30% OF THE PURCHAE PRICE OF THE LOT, EARNEST MONEY SHALL BE DEPOSITED INTO MERCURY REALTY, INC, TRUST ACCOUNT. UPON FINAL APPROVAL OF THE SUBDIVISION THE BUYER MUST PAY THE BALANCE. 29. COPIES OF AGREEMENT. This Listing Contract is executed in multiple copies and Seller acknowledges receipt of a copy of this Listing Contract signed by Broker. 30. COUNTERPARTS. If more than one person is named as a Seller herein, this Listing Contract may be executed by each Seller, individually, and when each Seller has executed a copy of this Listing Contract, such copies taken together shall be deemed to be a full and complete contract between the parties. Accepted: Mercury Realty, Inc. Broker 1020 Bridge Street Brighton, Colorado 80601 Phone: (303) 659-4332, Fax: (303) 659-4923 By: .(/wr lr,�st� f`L. - /D - 94 Signature Jim Erger Date The printed portions of this form,except(Italicized)(differentiated)additions,have been approved by the Colorado Real Estate Commission. LC114136 EXCLUSIVE RIGHT-TO-SELL LISTING CONTRACT(Commercial) RealFA$T®Forms,Box 4700,Frisco,CO 80443, Version 5.02,®RealFA$T®,1996;Reg#TCOCOL222456 Completed by-Jim Erger,Broker Associate,Mercury Realty,Inc. 12/17/96 08:00:02 Seller Page $14 970377 //` PLATTE VALLEY/� AIRPARKK LTD /J SELLER /ilaU .Yt,.• 7C.$Jekt -1%L C.- . /di / ! `7G By: MARILYN TAYLOR, PKESIDENT r The printed portions of this form,except(italicized)(differentiated)additions,have been approved by the Colorado Real Estate Commission. LC11SS6 EXCLUSIVE RIGHT-TO-SELL LISTING CONTRACT(Commercial) ReaIFA$T®Forms,Box 4700,Frisco,CO 80443, Version 5.02,CRealFAST®,1996;Reg#TCOCOL222456 Completed by-Jim Eiger,Broker Associate,Mercury Realty,Inc. 12/17/96 08:00:02 970377 Page 4 of 4 k ; ' . ; MERCURY ;la ,r- REALTY, INC. Phone: (303) 659-4332 y tta rNEP x 1020 Bridge Street FAX: (303) 659-4923 " Brighton. Colorado 80601 THIS FORM HAS IMPORTANT LEGAL CONSEQUENCES AND THE PARTIES SHOULD CONSULT LEGAL AND TAX OR OTHER COUNSEL BEFORE SIGNING. TRANSACTION-BROKER ADDENDUM (for In-Company Transactions) 1. AMENDMENT TO AGENCY CONTRACT. This Transaction-Broker Addendum is part of an ❑Exclusive Right-to-Buy Contract dated n/a ,or a ®Listing Contract dated December 10, 1996 between the broker named below and its sales agents ("Broker") and the undersigned Buyer or Seller. If this addendum is used with a lease or rental transaction, the word "Seller" shall mean "Landlord", and the word "Buyer" shall mean "Tenant". This Addendum will control in the event of any conflict with the contract to which it is attached. 2. LIMITATION ON BROKER'S AGENCY OBLIGATIONS. When acting as the agent for one party (either Buyer or Seller), Broker has duties and obligations which include utmost good faith, loyalty, and fidelity to that one party. If the party consents, however, Broker may act as a Transaction-Broker when both Seller and Buyer have a working relationship with the same real estate company ("In-Company Transaction"). A Transaction-Broker is a broker who assists the parties throughout a contemplated real estate transaction with communication, interposition, advisement, negotiation, contract terms, and the closing of the transaction without being an agent or advocate for the interest of any party to the transaction. Seller and Buyer shall not be vicariously liable for acts of a Transaction-Broker. (a) If this addendum is signed by Seller, Broker will act only as the exclusive agent for Seller when the Property is shown to a prospective buyer who has a working relationship with another licensed real estate company, but will act only as a Transaction-Broker in an In-Company Transaction. (b) If this addendum is signed by Buyer, Broker will act only as the exclusive agent for Buyer when showing properties that are not listed with Broker, but will act only as a Transaction-Broker in an In-Company Transaction. The remaining provisions of this addendum describe significant changes to the obligations of Broker when acting as a Transaction-Broker in an In-Company Transaction. 3. MATTERS THAT CAN BE DISCLOSED BY A TRANSACTION-BROKER Except as set forth in Section 4, Broker, when acting as a Transaction-Broker, may disclose any information to one party that Broker gains from the other party if the information is relevant to the transaction or party. 4. MATTERS THAT CANNOT BE DISCLOSED BY A TRANSACTION-BROKER Broker, when acting as a Transaction-Broker shall not disclose the following information without the prior consent of Seller and Buyer: (a) That Buyer is willing to pay more than the purchase price offered for the property; (b) That Seller is willing to accept less than the asking price for the property; (c) What the motivating factors are for any party buying or selling the property; (d) That Seller or Buyer will agree to financing terms other than those offered; (e) Any material information about the other party unless either: (I) the disclosure is required by law, (2) the disclosure pertains to adverse material facts about Buyer's financial ability to perform the terms of the transaction, (3) the disclosure pertains to Buyer's intent to occupy the property as a principal residence, or (4) failure to disclose such information would constitute fraud or dishonest dealing. 5. NO DUTY FOR TRANSACTION-BROKER TO INVESTIGATE. Broker, when acting as a Transaction-Broker, has no duty to conduct an independent inspection of the property for the benefit of Buyer and has no duty to independently verify the accuracy or completeness of statements made by Seller or independent inspectors. Broker, when acting as a Transaction-Broker, has no duty to conduct an independent investigation of Buyer's financial condition or to verify the accuracy or completeness of any statement made by Buyer. 6. ADDITIONAL PROVISIONS: n/a Accepted: Seller(s)or Buyer(s): PLATTE VALLEY AIRPARK LTD. • ../g K DATE -Sc - �C- iC(%6' By: MARILYN TAYLOR Broker Mercury Realty, Inc. 1020 Bridge Street Brighton, Colorado 80601 Phone: (303) 659-4332, Fax: (303) 659-4923 By: vwterrJ1 -i 9 Signature Erger Date The printed portions of this form have been approved by the Colorado Real Estate Commission.(TBA29-1-94) TBA29-0494. TRANSACTION-BROKER ADDENDUM ReaiFA$T®Forms,Box 4700,Frisco,CO 60443, Version 5.02,®ReaiFA$T®,1996;Reg#TCOCOL222456 Completed by-Jim Erger,Broker Associate,Mercury Realty,Inc. Page 1 of 1 12/17/96 07:45:20 970377 1 17-96 13:46 it 3036597263 I- 1111 i f ' 9" y LESAL DESCRIPTION ty ,r I "fir r ., lirI � � `{tr Srcel of land in the W1/2 of the NE1/4 of Section 3 lit,G �'l`i ` th Range 65 West of the 6th P.M. Countyof Weld, StatewofhColorado, j4 * L Mrlbed as: r ::.' u'` kb Inning at the Northeast corner of said Wl/;NE1/4; ,Yid, ek;;;a 'sk, Ce South 00 degrees 40 minutes 00 seconds West on an assumed i'� �'i�k,,',j.r� �� g the East line of said W1/2NE1/4 a distance of bearing 1� �2 ��k� ce North 13 degrees 37 minutes 00 seconds West a�distance eof 968 . 42 { �, 4 ,,, t; r , to a point on the North line of said W1/2NE1/4; I�Ik, ;�,w� i61l1y` -Ce North 90 degrees 00 minutes 00 seconds East along said North line Ly Stance of 238 . 94 feet to the Point of Beginning. 4 1 "-;FI4 � , � 1 'E1/2 of the NE1/4 of Section 31, {o ff,, , bth P.M. , county of Weld, State of Colorado.North, Range 65 West of It,7$��+ 7 ,,:��. 1/2 of the SE1/4 of Section 31 Township 2 North, Range 65 West '1 th County ' of : i 'I , , ,; . P.M. , of Weld, State'of Colorado. }/iNilt A is, r c:t$E1/4 of Section 30, Township 2 North, Range 65 West of the 6th P.M„ �fl ,i�� E' ' ,ty of Weld, State of Colorado. ' , ,�P' {LTA , ING THEREFROM: of sr of the SE1/4 of Section 30 and the E1/2 of the E1/2 of section 31 ��aih , ll�,� �; nshi 2 North, Range 65 West of the 6th P.M. , described as follows: ',I :. : , . , g at the Northeast corner of the said SE1/4 of Section 30; �'��I ,„ ,4 e South 0 degrees 00 minutes 00 seconds West on an assumed bearing }u �S4 kc the East line of the said SEl 4 a distance of 1197.50 feet to the t .�` 'Point of /! dr�rrp I �cd, Beginning; r ,4,74 ,,;,,, y�,a South 90 degrees 00 minutes 00 seconds West a distance of 1008 . 26 pgii jr:lf,P` ;�eg�.. " South 26 degrees 38 minutes 00 seconds West a distance of 623.54 r ;aL2!, 4, e South 15 degrees 11 minutes 50 seconds East a distance of 925.34 r, i ;,. rto apoint on the 1�i��4�»'�%,�' North line of said E7/2 of the E1/2 of Section 31; �11 +�r b' -e North 89 degrees 45 minutes 10 seconds East + 4along said North �i+, ,Mlfi��;, "F�� t�nce of 360.22 feet; line 4 1'1 h,4 i, p 4" J 2o.Sannrh. 7A 200rnnn P1 Westcof is ........0 stlineo : t" 1 ,' Coan of31 a aideance of 1077. 99h1/ ( .said El/2 of the El/2 `r� 14x1 ; fir O youth 00 degrees 20 minutes 30 seconds Went parallel with the said 11,1 r+t. " , ine a distance of 3722. 86 feet to ea point 650. 0 feet North of t ;''J4�j; ,I ,,` 'a line of said E1/2 of the E1/2 of Section 31; he I�r�14y �?. ,;, rs South 8Q degrees 57 minutes 35 seconds West parallel with thesaid �41/$ 1V`` i 11 inyr heaE1i2tOance of 1125 FF font to . r-Ai.r_ .... i.i,c w r id �1+r{�o 4; ;;,a9k / Section 31; use line or said ,�u4t; '6�gg1, South 00 degrees 23 minutes 20 seconds West along said West line a 4t1 , , ce of 650. 0 feet to the Southwest corner of the said E1/2 of the fi,�l a ,fiat: Section 31; ', i�, ,„: t' North 89 degrees 57 minutes 35 seconds East along the South d�'� ��ri `�� ' said E1/2 of the El ,P+° r, i, ,,lT "•Iisaidr�t / /2 of Sen*inn 31 a distance of 1326. 18 feet to ,roV, corner of the said E1/2 of the E1/2 of Section 31; rr 1(� i 00 the 20ominutesf seconds along 5341. 31 at corner of sea the East linet e 9�' la 1 : : Section 30; Feet to the , r, �,r „North 00 degrees 00 minutes 00 seconds East along the East line of 1,,,i,, ,I, , ,�, Ction 30 a distance of 1445.85 feet to thin True point of 'y '�.IkipO ng s the a, t fri U;Y i,�qW 1 1 IN ,1 'l 970377 r ' 1 i 8 ss oroa .�.r.,vnoJ a7s.d V \I p r .99'OS. 3 .00.0000 N 0000 0 0 0 0 O O I�.o=m�uor Lnauomx /I O 0Q 0 0 0 O 0 0 O O A V' VL 01 01 l d0 Lii L i L . 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Ur 4r in,en-t?4r 1 ' , , , ,..:: $ M a�5 6�ao � W / or-iNM 4.3 l4i lD `4-,4 , ��nclin� n r 0 0 0 0 0 0 waaaaaa o. 'rJ J , $ J4 _.,,. J g ,�- E 00000 00 '°m 12 00000 00 , �j addwd •ww 5 " I fly g ' . , lO tp LLD lO 1p <D m , ri r-I r-1 r-1 ri r'I r'I °P �( t?� �N g s '� N e wm C 3t3 N9. .14 riNMd' in .k 'Or U O ri O O O O O aim O O 41 aaaaa aa + cti-it '� MERCURY REALTY, INC. M= Y Phone: (303) 659 4332 1.1111! r '; 1020 Bridge Street FAX: (303) 659-4923 - Brighton, Colorado 80601 THIS FORM HAS IMPORTANT LEGAL CONSEQUENCES AND THE PARTIES SHOULD CONSULT LEGAL AND TAX OR OTHER COUNSEL BEFORE SIGNING. COMMERCIAL CONTRACT TO BUY AND SELL REAL ESTATE [NEW LOAN] , 1997 1. PARTIES AND PROPERTY. buyer(s) [Buyer], (asjoint tenants /tenants in common) agrees to buy, and the undersigned seller(s) [Seller], agrees to sell, on the terms and conditions set forth in this contract, the following described real estate in the County of , Colorado, to wit: known as No. Street Address City State Zip together with all interest of Seller in vacated streets and alleys adjacent thereto, all easements and other appurtenances thereto, all improvements thereon and all attached fixtures thereon, except as herein excluded (collectively the Property). 2. INCLUSIONS I EXCLUSIONS. The purchase price includes the following items (a) if attached to the Property on the date of this contract: lighting, heating, plumbing, ventilating, and air conditioning fixtures, TV antennas, water softeners, smoke/fire/burglar alarms, security devices, inside telephone wiring and connecting blocks/jacks, plants, mirrors, floor coverings, intercom systems, built-in kitchen appliances, sprinkler systems and controls; (b) if on the Property whether attached or not on the date of this contract: storm windows, storm doors, window and porch shades, awnings, blinds, screens, curtain rods, drapery rods, all keys and (c) • The above-described included items (Inclusions) are to be conveyed to Buyer by Seller by bill of sale at the closing, free and clear of all taxes, liens and encumbrances, except as provided in Section 12. The following attached fixtures are excluded from this sale: 3. PURCHASE PRICE AND TERMS. The purchase price shall be$ , payable in U.S. dollars by Buyer as follows: (Complete the applicable terms below.) (a) Earnest Money $ in the form of , as earnest money deposit and part payment of the purchase price, payable to and held by ,broker, in its trust account on behalf of both Seller and Buyer. Broker is authorized to deliver the earnest money deposit to the closing agent, if any, at or before closing. The balance of$ (purchase price less earnest money) shall be paid as follows: (b) Cash at Closing $ , plus closing costs, to be paid by Buyer at closing in funds which comply with all applicable Colorado laws, which include cash, electronic transfer funds, certified check, savings and loan teller's cheek, and cashier's check (Good Funds). Subject to the provisions of Section 4, if the existing loan balance at the time of closing shall be different from the loan balance in Section 3, the adjustment shall be made in Good Funds at closing or paid as follows: (c) New Loan $ by Buyer obtaining a new loan.This loan will be secured by a( 1st,2nd,etc.) deed of trust. The Loan shall be amortized over a period of years at approximately $ per month including principal and interest not to exceed % per annum, plus, if required by Buyer's lender, a monthly deposit of 1/12 of the estimated annual real estate taxes, property insurance premium, and mortgage insurance premium. If the loan is an adjustable interest rate or graduated payment loan, the monthly payments and interest rate initially shall not exceed the figures set forth above. Loan discount points, if any, shall be paid to lender at closing and shall not exceed % of the total loan amount. Notwithstanding the loan's interest rate, the first loan discount points shall be paid by • and the balance, if any, shall be paid by Buyer shall timely pay a loan origination fee not to exceed % of the loan amount and Buyer's loan costs. (d) Assumption [OMITTED-INAPPLICABLE] (e) Seller or Private Third-Party Financing. [OMITTED-INAPPLICABLE] 4. FINANCING CONDITIONS AND OBLIGATIONS. (a) Loan Application(s). If Buyer is to pay all or part of the purchase price as set forth in Section 3 by obtaining a new loan or if an existing loan is not to be released at closing, Buyer, if required by such lender, shall make written application within calendar days from acceptance of this contract. Buyer shall cooperate with Seller and lender to obtain loan approval, diligently and timely pursue same in good faith, execute all documents and furnish all information and documents required by the lender, and, subject to Section 3, timely pay the costs of obtaining such loan or lender consent. (b) Loan Approval. If Buyer is to pay all or part of the purchase price by obtaining a new loan as specified in Section 3, this contract is conditional upon lender's approval of the new loan on or before If not so approved by said date, this contract shall terminate. (c) Existing Loan Review. [OMITTED-INAPPLICABLE] (d) Assumption Balance. [OMITTED-INAPPLICABLE] (e) Credit Information. [OMITTED-INAPPLICABLE] 5. APPRAISAL PROVISION. (Check one box only.) This Section 5 ❑ shall ❑ shall not apply. If this Section 5 applies, as indicated above, Buyer shall have the sole option and elction to terminate this contract if the purchase price exceeds the Property's valuation determined by an appraiser engaged by The printed portions of this form have been approved by the Colorado Real Estate Commission.(CBS-2-7-96) CBS2.7416. COMMERCIAL CONTRACT TO BUY AND SELL REAL ESTATE (NEW LOAN] RealFAST®Forms,Box 4700,Frisco,CO 80443, Version 5.02,®ReaIFA$T®,1997;Reg#TCOCOL222456 Completed by-Jim Erger,Broker Associate,Mercury Realty,Inc. Page 1 of 4 Buyer(s) 01/1 0/9705:02:45 9704.3 - Seller(s) J Eg The contract shall terminate by the Buyer causing the Seller to receive written notice of termination and a copy of such appraisal or written notice from lender which confirms the Property's valuation is less than the purchase price, on or before (Appraisal deadline). If seller does not receive such written notice of termination on or before the appraisal deadline, Buyer waives any right to terminate under this section. 6, COST OF APPRAISAL. Cost of any appraisal to be obtained after the date of this contract shall be timely paid by 7. NOT ASSIGNABLE. This contract shall not be assignable by Buyer without Seller's prior written consent. Except as so restricted, this contract shall inure to the benefit of and be binding upon the heirs, personal representatives, successors and assigns of the parties. 8. EVIDENCE OF TITLE. Seller shall famish to Buyer, at Seller's expense, either a current commitment for owner's title insurance policy in an amount equal to the purchase price or at Seller's choice,an abstract of title certified to a current date,on or before (Title Deadline). If a title insurance commitment is furnished, Buyer may require of Seller that copies of instruments (or abstracts of instruments) listed in the schedule of exceptions (Exceptions) in the title insurance commitment also be furnished to Buyer at Seller's expense. This requirement shall pertain only to instruments shown of record in the office of the clerk and recorder of the designated county or counties. The title insurance commitment, together with any copies or abstracts of instruments furnished pursuant to this Section 8, constitute the title documents (Title Documents). Buyer, or Buyer's designee, must request Seller, in writing, to furnish copies or abstracts of instruments listed in the schedule of exceptions no later than calendar days after Title Deadline. If Seller furnishes a title insurance commitment, Seller will pay the premium at closing and have the title insurance policy delivered to Buyer as soon as practicable after closing. 9. TITLE. (a) Title Review. Buyer shall have the right to inspect the Title Documents or abstract. Written notice by Buyer of unmerchantability of title or of any other unsatisfactory title condition shown by the Title Documents or abstract shall be signed by or on behalf of Buyer and given to Seller on or before calendar days after Title Deadline, or within five (5) calendar days after receipt by Buyer of any Title Document(s) or endorsement(s) adding new Exception(s) to the title commitment together with a copy of the Title Document adding new Exception(s) to title. If Seller does not receive Buyer's notice by the date(s) specified above, Buyer accepts the condition of title as disclosed by the Title Documents as satisfactory. (b) Matters Not Shown by the Public Records. Seller shall deliver to Buyer, on or before the Title Deadline set forth in Section 8, true copies of all lease(s) and survey(s) in Seller's possession pertaining to the Property and shall disclose to Buyer all easements, liens or other title matters not shown by the public records of which Seller has actual knowledge. Buyer shall have the right to inspect the Property to determine if any third party(s) has any right in the Property not shown by the public records (such as an unrecorded easement, unrecorded lease, or boundary line discrepancy). Written notice of any unsatisfactory condition(s)disclosed by Seller or revealed by such inspection shall be signed by or on behalf of Buyer and given to Seller on or before . If Seller does not receive Buyer's notice by said date, Buyer accepts title subject to such rights, if any, of third parties of which Buyer has actual knowledge. (c) Special Taxing Districts. SPECIAL TAXING DISTRICTS MAY BE SUBJECT TO GENERAL OBLIGATION INDEBTEDNESS THAT IS PAID BY REVENUES PRODUCED FROM ANNUAL TAX LEVIES ON THE TAXABLE PROPERTY WITHIN SUCH DISTRICTS.PROPERTY OWNERS IN SUCH DISTRICTS MAY BE PLACED AT RISK FOR INCREASED MILL LEVIES AND EXCESSIVE TAX BURDENS TO SUPPORT THE SERVICING OF SUCH DEBT WHERE CIRCUMSTANCES ARISE RESULTING IN THE INABILITY OF SUCH A DISTRICT TO DISCHARGE SUCH INDEBTEDNESS WITHOUT SUCH AN INCREASE IN MILL LEVIES. BUYER SHOULD INVESTIGATE THE DEBT FINANCING REQUIREMENTS OF THE AUTHORIZED GENERAL OBLIGATION INDEBTEDNESS OF SUCH DISTRICTS, EXISTING MILL LEVIES OF SUCH DISTRICT SERVICING SUCH INDEBTEDNESS, AND THE POTENTIAL FOR AN INCREASE IN SUCH MILL LEVIES. In the event the Property is located within a special taxing district and Buyer desires to terminate this contract as a result, if written notice is given to Seller on or before the date set forth in subsection 9 (b), this contract shall then terminate. If Seller does not receive Buyer's notice by the date specified above, Buyer accepts the effect of the Property's inclusion in such special taxing district(s) and waives the right to so terminate. (d) Right to Cure. If Seller receives notice of unmerchantability of title or any other unsatisfactory title condition(s) as provided in subsection (a) or (b) above, Seller shall use reasonable effort to correct said unsatisfactory title condition(s) prior to the date of closing. If Seller fails to correct said unsatisfactory title condition(s) on or before the date of closing, this pontract shall then terminate; provided, however, Buyer may, by written notice received by Seller, on or before closing, waive objection to said unsatisfactory title condition(s). 10. INSPECTION. Buyer or any designee, shall have the right to have inspection(s) of the physical condition of the Property and Inclusions, at Buyers expense. If written notice of any unsatisfactory condition, signed by or on behalf of Buyer, is not received by Seller on or before (Objection Deadline), the physical condition of the Property and Inclusions shall be deemed to be satisfactory to Buyer. If such notice is received by Seller as set forth above, and if Buyer and Seller have not agreed, in writing, to a settlement thereof on or before (Resolution Deadline), this contract shall terminate three calendar days following the Resolution Deadline; unless, within the three calendar days, Seller receives written notice from Buyer waiving objection to any unsatisfactory condition. Buyer is responsible for and shall pay for any damage which occurs to the Property and Inclusions as a result of such inspection. 11. DATE OF CLOSING. The date of closing shall be , or by mutual agreement at an earlier date. The hour and place of closing shall be designated by 12. TRANSFER OF TITLE. Subject to tender or payment at closing as required herein and compliance by Buyer with the other terms and provisions hereof, Seller shall execute and deliver a good and sufficient deed to Buyer, on closing, conveying the Property free and clear of all taxes except the general taxes for the year of closing, and except Title shall be conveyed free and clear of all liens for special improvements installed as of the date of Buyer's signature hereon, whether assessed or not; except (i) distribution utility easements (including cable TV), (ii) those matters reflected by the Title Documents accepted by Buyer in • accordance with subsection 9(a), (iii) those rights, if any, of third parties in the Property not shown by the public records in accordance with subsection 9(b), (iv) inclusion of the Property within any special taxing district, (v) subject to building and zoning regulations. 13. PAYMENTS OF ENCUMBRANCES. My encumbrance required to be paid shall be paid at or before closing from the proceeds of this transaction or from any other source. 14. CLOSING COSTS,DOCUMENTS AND SERVICES. Buyer and Seller shall pay in Good Funds, their respective closing costs and all other items required to be paid at closing, except as otherwise provided herein. Buyer and Seller shall sign and complete all customary or required documents at or before closing. Fees for real estate closing services shall not exceed $ and shall be paid at closing by . The local transfer tax of %of the purchase price shall be paid at closing by . Any sales and use tax that may accrue because of this transaction shall be paid when due by 15. PRORATIONS. General taxes for the year of closing, based on the taxes for the calendar year immediately preceding closing, rents, water and sewer charges, owner's association dues, and interest on continuing loan(s), if any, and shall be prorated to date of closing. 16. POSSESSION. Possession of the Property shall be delivered to Buyer as follows: subject to the following lease(s) or tenancy(s): The printed portions of this form have been approved by the Colorado Real Estate Commission.(CBS-2-7.96) CBS2.7-96. COMMERCIAL CONTRACT TO BUY AND SELL REAL ESTATE [NEW LOAN] ReaIFA$T®Forms,Box 4700,Frisco,CO 80443, Version 5.02,®ReaIFA$T®,1997;Reg#TCOCOL222456 Completed by-Jim Erger,Broker Associate,Mercury Realty,Inc.• Page 2 of 4 Buyer(s) 01110I9705:02:45 Seller(s) 970377 If Seller, after closing, fails to deliver possession on the date herein specified, Seller shall be subject to eviction and shall be additionally liable to Buyer for payment of$ per day from the date of agreed possession until possession is delivered. 17. CONDITION OF AND DAMAGE TO PROPERTY. Except as otherwise provided in this contract, the Property and Inclusions shall be delivered in the condition existing as of the date of this contract, ordinary wear and tear excepted. In the event the Property shall be damaged by fire or other casualty prior to time of closing, in an amount of not more than ten percent of the total purchase price, Seller shall be obligated to repair the same before the date of closing. In the event such damage is not repaired within said time or if the damages exceed such sum, this contract may be terminated at the option of Buyer. Should Buyer elect to carry out this contract despite such damage, Buyer shall be entitled to credit for all the insurance proceeds resulting from such damage to the Property and Inclusions, not exceeding, however, the total purchase price. Should any Inclusion(s) or service(s) fail or be damaged between the date of this contract and the date of closing or the date of possession, whichever shall be earlier, then Seller shall be liable for the repair or replacement of such Inclusion(s) or service(s) with a unit of similar size, age and quality, or an equivalent credit, less any insurance proceeds received by Buyer covering such repair or replacement. 18. TIME OF ESSENCE/REMEDIES. Time is of the essence hereof. If any note or check received as earnest money hereunder or any other payment due hereunder is not paid, honored or tendered when due, or if any other obligation hereunder is not performed or waived as herein provided, there shall be the following remedies: (a) IF BUYER IS IN DEFAULT: (Check one box only.) 0(1) Specific Performance. Seller may elect to treat this contract as cancelled, in which case all payments and things of value received hereunder shall be forfeited and retained on behalf of Seller, and Seller may recover such damages as may be proper, or Seller may elect to treat this contract as being in full force and effect and Seller shall have the right to specific performance or damages, or both. ❑(2) Liquidated Damages. All payments and things of value received hereunder shall be forfeited by Buyer and retained on behalf of Seller and both parties shall thereafter be released from all obligations hereunder. It is agreed that such payments and things of value are LIQUIDATED DAMAGES and (except as provided in subsection (c)) are SELLER'S SOLE AND ONLY REMEDY for Buyer's failure to perform the obligations of this contract. Seller expressly waives the remedies of specific performance and additional damages. (b) IF SELLER IS IN DEFAULT: Buyer may elect to treat this contract as cancelled, in which case all payments and things of value received hereunder shall be returned and Buyer may recover such damages as may be proper, or Buyer may elect to treat this contract as being in full force and effect and Buyer shall have the right to specific performance or damages, or both. (c) COSTS AND EXPENSES. Anything to the contrary herein notwithstanding, in the event of any arbitration or litigation arising out of this contract, the arbitrator or court shall award to the prevailing party all reasonable costs and expenses, including attorney fees. 19. EARNEST MONEY DISPUTE.Notwithstanding any termination of this contract, Buyer and Seller agree that, in the event of any controversy regarding the earnest money and things of value held by broker or closing agent, unless mutual written instructions are received by the holder of the earnest money and things of value, broker or closing agent shall not be required to take any action but may await any proceeding, or at broker's or closing agent's option and sole discretion, may interplead all parties and deposit any moneys or things of value into a court of competent jurisdiction and shall recover court costs and reasonable attorney fees. 20. ALTERNATIVE DISPUTE RESOLUTION:MEDIATION. If a dispute arises between the parties relating to this contract, and is not resolved, the parties and broker(s) involved in such dispute (Disputants) shall first proceed in good faith to submit the matter to mediation. The Disputants will jointly appoint an acceptable mediator and will share equally in the cost of such mediation. In the event the entire dispute is not resolved within thirty (30) calendar days from die date written notice requesting mediation is sent by one Disputant to the other(s), the mediation, unless otherwise agreed, shall terminate. This section shall not alter any date in this contract, unless otherwise agreed. 21. ADDITIONAL PROVISIONS: (The language of these additional provisions has not been approved by the Colorado Real Estate Commission). 22. RECOMMENDATION OF LEGAL COUNSEL.By signing this document, Buyer and Seller acknowledge that the Selling Company or the Listing Company has advised that this document has important legal consequences and has recommended the examination of title and consultation with legal and tax or other counsel before signing this contract. 23. TERMINATION. In the event this contract is terminated, all payments and things of value received hereunder shall be returned and the parties shall be relieved of all obligations hereunder, subject to Section 19. 24. SELLING COMPANY BROKER RELATIONSHIP. The selling broker, and its salespersons have been engaged as Selling Company has previously disclosed in writing to the Buyer that different relationships are available which include buyer agency, seller agency, subagency, or transaction-broker. 25. NOTICE TO BUYER.Any notice to Buyer shall be effective when received by Buyer, or, if this box is checked ❑ when received by Selling Company. 26. NOTICE TO SELLER Any notice to Seller shall be effective when received by Seller or Listing Company. 27. MODIFICATION OF THIS CONTRACT. No subsequent modification of any of the terms of this contract shall be valid, binding upon the parties, or enforceable unless made in writing and signed by the parties. 28. ENTIRE AGREEMENT. This contract constitutes the entire contract between the parties relating to the subject hereof, and any prior agreements pertaining thereto, whether oral or written, have been merged and integrated into this contract. 29. NOTICE OF ACCEPTANCE: COUNTERPARTS. This proposal shall expire unless accepted in writing, by Buyer and Seller, as evidenced by their signatures below, and the offering party receives notice of such acceptance on or before (Acceptance Deadline). If accepted, this document shall become a contract between Seller and Buyer. A copy of this document may be executed by each party, separately, and when each party has executed a copy thereof, such copies taken together shall be deemed to be a full and complete contract between the parties. The printed portions of this form have been approved by the Colorado Real Estate Commission.(CBS-2-7-96) CBS2.746. COMMERCIAL CONTRACT TO BUY AND SELL REAL ESTATE [NEW LOAN) RealFA$T®Forms,Box 4700,Frisco,CO 80443, Version 5.02,®ReaIFA$T®,1997;Reg#TCOCOL222456 Completed by-Jim Erger,Broker Associate,Mercury Realty,Inc. / 01I10/9705:02:45 Page 3 of 4 Buyer(s) 9rl 0 ' /4J ,O Seller(s) BUYER DATE BUYER DATE SELLER DATE SELLER DATE The undersigned Broker(s) acknowledges receipt of the earnest money deposit specified in section 3, and Selling Company confirms its Broker Relationship as set forth in Section 24. Selling Company Mercury Realty, Inc. 1020 Bridge Street Brighton, Colorado 80601 Phone: (303) 659-4332, Fax: (303) 659-4923 By: Signature Jim Erger Date r Listing Company By Date Signature Address Phone Fax Note: Closing Instructions should be signed at the time this contract is signed. The printed portions of this form have been approved by the Colorado Real Estate Commission.(CBS-2-7-96) CBS2-7496. COMMERCIAL CONTRACT TO BUY AND SELL REAL ESTATE [NEW LOAN] RealFA$T®Forms,Box 4700,Frisco,CO 80443, Version 5.02,®RealFA$T®,1997;Reg#TCOCOL222456 Completed by-Jim Erger,Broker Associate,Mercury Realty,Inc. 01/10/97 05:02:45 970 177 page 4 of 4 Hello