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Home My WebLink About20242412.tiffPrint CHANGE OF ZONE (COZ) APPLICATION FOR PLANNING DEPARTMENT USE: AMOUNT $ APPLICATION RECEIVED BY DATE RECEIVED: CASE # ASSIGNED: PLANNER ASSIGNED: PROPERTY INFORMATION (Attach additional sheets if necessary.) Is the property currently in violation? U No / Site Address: 8621 CR 2, Brighton, CO 80602 ■ Yes Violation Case Number: Parcel Numbers: 1 4 6 9 3 3 4 0 0 0 4 2 Legal Description: PT SE4 33-1.67 LOT B REC EXEMPT RECX16-0076 Section: 33 , Township 01 N, Range 67 W # of Lots: Total Acreage: 71.45 Floodplain: D No / ■ Yes Geological Hazard: D No / ■ Yes Airport Overlay: D No / Yes REZONING Existing Zone District(s): AG Proposed Zone District: C-3 PROPERTY OWNER(S) (Attach additional sheets if necessary.) Name: RALPH WALKER Company: ww LLC Phone #: 303-905-4444 Email: ralph@walkercommercial.com Street Address: 9457 South University Blvd. Apt 401, Highlands Ranch, CO 80126 City/State/Zip Highlands Ranch/ CO/ 80126 Code: APPLICANT/AUTHOR1ZED AGENT (Authorization must be included if there is an Authorized Agent.) Name: CHADWIN F. COX Company: Western Engineering Consultants, inc. LLC Phone #: 720-685-9951 Email: chadwin.cox@westerneci.com Street Address: 127 South Denver Ave City/State/Zip Frt Lupton/ CO/ 80621 Code: 1 (We) hereby depose and state under penalties of perjury that all statements, proposals, and/or plans submitted with or contained within the application are true and correct to the best of my (our) knowledge. All fee owners of the property must sign this application. If an Authorize ent igns, an Authorization Form signed by all fee owners must be included with the application. If the fee owner a corgi ration, evidence must be included indicating the signatory I as tie legpl authority to sign for the corporatlo 12/27/2023 l N 12/27/2023 Date Signature Date CALL Print 07/22 c7(1/ 7 DEPARTMENTS OF PLANNING BUILDING, DEVELOPMENT REVIEW AND ENVIRONMENTAL HEALTH 1402 NORTH 17TH AVENUE PO BOX 758 GREELEY, CO 80632 AUTHORIZATION FORM I Ralph Walker permission to Chadwin F. Cox (We), give P (Authorized Agent/Applicant—please print) (Owner — please print) to apply for any Planning, Building, Access, Grading or OWTS permits on our behalf, for the property located at (address or parcel number) below: 8621 CR 2, Brighton, CO 80602 Legal Descriptions PT SE4 33-1-67 LOT B REC EXEI of Section 33 , Township 1 N, Range 67 W 9 Subdivision Name: N/A Lot N/A Block N/A Property Owners Information: Address: 9457 South University Blvd. Apt 401, Highlands Ranch, CO 80126 303-905-4444 Phone: E-mail: ralph@walkeroommercial.com Authorized Agent/Applicant Contact Information: Address: 127 South Denver Avenue, Fort Lupton, CO 80621 Phone: 720-685-9951 chadwin.cox a©westerneci.corn E -Mail: Correspondence to be sent to: Owner II Authorized Agent/Applicant (� by: Mail U Email Additional litValid for Weld County applications. O I (We) hereby certify, under penalty of perjury and after carefully reading the entire contents of this document, that the information stated above is true and correct to the best of my (our) knowledge. Date/ ner Signature Date Owner Signature Subscribed and sworn to before me this day of \-ILCA\fliAL.- \Agit, \AkinV My commission expires �31Z)1Zo� CARMEN LETICIA MALDONADO CEDILLO Notary Public State of Colorado Notary ID # 20194020252 My Commission Expires 05-30-2027 07/22 9 4230315 08/23/2016 11:01 AM Total Pages: 2 Rec Fee: $16.00 Carly Koppes - Clerk and Recorder, Weld County, CO III 111I1 I IlOul YII IYIYI IIIII I III STATEMENT OF AUTHORITY 038-30-172, CRS.) 1. This Statement of Authority relates to an entity' named WW, LLC, A COLORADO D LIABILITY COMPANY 2. The type of entity is a: X Corporation Nonprofit Corporation Limited Liability Company Gee Partnership Limited Partnership S. The entity is formed under the laws of COLORADO Registered Limited Liability Partnership Registered Limited Liability Limited Partnership Limited Partnership Association Government or Governmental Subdivision or Agency Trust 4. The mailing address for the entity is 9457 S, UNIVERSITY BLVD. #401 HIGHLANDS RANCH, CO 80126 S. The X name X position of each person authorized to execute instruments conveying, encumbering or otherwise affecting title to teal property on behalf of the entity is RALPH L. WAR, MANAGER The authority of the foregoing person(s) to bind the entity: X is' not limited is limited as follows: Other matters concerning the manner in which the entity deals with interests in real property; 8. This Statement of Authority is executed on behalf of the entity pursuant to the provisions of 538-30-172, C.R.S.3 9. This Statement of Authority amends and supersedes in all respects any and all prior dated Statements of Authority executed on behalf of the entity. 6. • (Signature and Notary Acknowledgment on Second Page) This form should not be used unless the entity is capable of holding title to real property. 'The absence of any limita.tion shall be prima facie evidence that no such ' Iron exists. 3 The statement of authority must be recorded to obtain the benefits of the statute. Form 13759 03/2005 soa.odt PC25 42 { 7603} pg 1 of 2 Prig Land Title 4230315 08/23/2016 11:01 AM Page 2 of 2 Executed this / � day of State of COLORADO )ss County of ARAPAHOS fregOes RALPH WALKER, MANAGER The foregoing instrument was acknowledged before me this , 1 9der day of _ by RALPH L. WALXCER, AS MANAGER FOR WW, LIE, A COLORADO Witness my hand and official seal My commission expires: RfiaJ1'7 Notary Public WHEN RECORDED RETURN TO; RALPH WALKER WW, LLC, A COLORADO LIMITED TED LIABILITY COMPANY 9457 S. UNIVERSITY BLVD. #401 HIGHLANDS RANG CO $0126 KAREN Ba AMON NOTARY PUBLIC STATE OF'COLORADO DO NO1ARY ID 199640N635 EtTY'COMMISsIoN &XPi# 00/121201r Form 13759 03/2005 soLodt 12C25139842 1259876031 pg 2 of 2 - OPERATING AGREEMENT OF WW, LLC A COLORADO LIMITED LIABILITY COMPANY THIS OPERATING AGREEMENT (the "Operating Agreement") is entered into and adopted by all of the Members of WW, LLC , a Colorado Limited Liability Company (the "Company") and by the Company this 10th day of August, 2016 RECITALS • A. On August 10th , 2016 , the Organizer(s) of the Company caused the Articles of Organization (the "Articles") to be delivered with the Colorado Secretary of State pursuant to the laws set forth in the Colorado Limited Liability Company Act, Cola Rev. Stat. §§ 7-80-101 et seq. (the "Act"). Pursuant to such delivery, the Company was duly formed. A true and correct copy of the file -stamped Articles is attached hereto as Exhibit A. B. The Members and the Company unanimously desire to adopt this Operating Agreement. This Operating Agreement shall govern the rights, duties, limitations, qualifications and relations among the Members, the Managers (if any), the Members' assignees and transferees, and the Company. The Company shall also be bound by this Operating Agreement. C. Except as otherwise specifically provided by the Act, the Members desire that the Operating Agreement take precedence and control over any conflicting or contrary provisions in the Act. To the extent the Operating Agreement is silent upon a matter, the Act shall control. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants and promises set forth herein, the Members agree as follows: 1.1 SECTION 1 COMPANY INFORMATION Name. The name of the Company is: WW, LLC. The Company shall conduct all of its business under this name. 1 1.2 Purpose and Powers. Company is organized under the Act to transact any and all lawful business, subject to any applicable provisions of law governing or regulating such business. The Company shall, to the fullest extent permitted, have all powers of a limited liability company as provided by the Act. 1.3 Fiscal Year. The fiscal year of the Company shall be the calendar year unless otherwise agreed. 1.4 Duration. The Company's period of duration shall be perpetual. 1.5 Registered Agent/Office. The initial registered agent is Ralph Walker (the "Registered Agent"). The registered office of the Company is 9457 South University Blvd. #401, Highlands Ranch, Colorado 80126 (the "Registered Office"), which is located within the State of Colorado and is the business address of the Registered Agent. The Registered Agent and/or Registered Office may be changed from time to time by action of the Members, and shall be reported to the Colorado Secretary of State as provided by the Act. The Registered Agent may resign as provided by the Act. 1.6 Principal Place of Business. The initial principal place of business is 9457 South University Blvd. #401 Highlands Ranch, Colorado 80126 (the "Principal Address"). The Company may have such other offices which its business may require. 1.7 Effective Date. This Operating Agreement shall be effective as of: ►1 the date of formation of the Company ❑ the date of this Operating Agreement ❑ the following date: SECTION 2 MEMBERS/CAPITAL CONTRIBUTIONS 2.1 Initial Members. The initial Members of the Company are: • Ralph L. Walker Karl A. Wiscombe John P. Wiscombe (attach additional sheets as necessary) 2.2 Form of Contributions. The contribution of a Member may be in cash, property, or services rendered or a promissory note or other obligation to contribute cash or property to perform services. A person may be admitted to the Company as a Member of the Company and may receive a Membership Interest in the Company without making a contribution or being obligated to make a contribution to the Company. A person may be admitted to the Company as a Member of the Company without acquiring a Membership Interest in the Company. A person may also be admitted as the sole Member of the Company without making a contribution or being obligated to make a contribution to the Company or without acquiring a Membership Interest in the Company. 2 2.3 Initial Contributions. The initial capital contributions of Members are as follows: Member Contribution Value Ralph Walker Cash $1,000.00 Karl Cash $500.00 Wiscombe John Wiscombe Cash $500.00 Total Value of Contributions: $ 2,000.00 (attach additional sheets as necessary) 2.4 Ownership Interest. The Members own the following individual interests in the Company (the "Membership Interest"): Member Membership Interest Ralph L. Walker 50% Karl A. Wiscombe 25% John P. Wiscombe 25% % % % (attach additional sheets as necessary) 2.5 Profits/Losses and Distributions. Unless otherwise determined, the profits and losses and distributions of the Company shall be allocated among the Members on the basis of the value of the contributions made by each Member, as stated in Company records required to be kept pursuant to Section 8 of this Operating Agreement and applicable law. 3 2.6 Liability for Contributions. A Member is obligated to the Company to perform any enforceable promise to contribute cash or property or to perform services, even if the Member is unable to perform because of death, disability, or any other reason. If a Member does not make the required contribution of property or services, the Member is obligated at the option of the Company to contribute cash equal to that portion of the value of such contribution that has not been made. 2.6.1 Compromise of Obligation. The obligation of a Member to make a contribution or return money or other property paid or distributed in violation of this section may be compromised only by consent in writing of all the Members. 2.6.2 Obligation in Writing. No promise by a Member to contribute to the Company is enforceable unless set out in writing by the Member. 2.7 Additional Contributions. The Managers ►1 may ❑ may not call for additional capital contributions of the Members to the Company ("Capital Calls"). If the Managers are vested with the authority to make Capital Calls, then Capital Calls shall be permitted only for the following purposes and expenses: Any reasonable business purpose (Specify limits or categories for Capital Calls) In the event of a Capital Call, the Members shall be obligated to contribute to the Company their respective obligations for the Capital Call within 20 days after notice of Capital Call from the Company. The Members' respective obligation for Capital Calls shall be calculated based upon their Membership Interest percentages. All Capital Call contributions shall be in cash. In the event a Member fails to meet a Capital Call, the remaining Members, or any one or combination thereof, may pay said Member's Capital Call obligation and the Membership Interest shall be modified accordingly. SECTION 3 MEMBER CONSENT 3.1 Member Consent. In the event the consent or agreement of Members is required under the Operating Agreement or applicable law, and unless otherwise specifically required to be in writing, such consent or agreement may, but need not, be in writing. Unless otherwise specifically required, Member Consent shall mean the consent of a majority of the Members. SECTION 4 MEMBERS' INTEREST/TRANSFERABILITY 4.1 Admission of Additional Members. After the filing of the Company's Articles, one or more persons may be admitted as an additional Member or Members upon the consent of all Members. At any time that the Company has no Members, upon the unanimous consent of all the persons holding by assignment or transfer any of the Membership Interest of the last remaining Member of the Company, one or more persons, including an assignee or transferee of the last remaining Member, may be admitted as a Member or Members. 4 4.2 Interest in Company/Transferability of Interest. The interest of each Member in the Company constitutes the personal property of the Member and may be assigned or transferred. However, unless the assignee or transferee is admitted as a Member, the assignee or transferee shall only be entitled to receive the share of profits or other compensation by way of income and the return of contributions to which that Member would otherwise be entitled and shall have no right to participate in the management of the business and activities of the Company or to become a Member. The transferee shall be liable for Additional Contributions as provided in Paragraph 2.7. Manager shall have the "First Right of Refusal" to purchase any interest being offered for sale to a third party other than a close family member. Ralph Walker as manager shall have right to purchase interest for the company or for himself. 4.3 Substitution. A Member ceases to be a Member upon assignment or transfer of all of the Member's Membership Interest. A person to whom all or a portion of a Member's Membership Interest has been assigned or transferred and who has been admitted as a Member has all the rights and powers and is subject to all the restrictions and liabilities of the assignor or transferor with respect to the portion of the Membership Interest assigned or transferred. The admission of the assignee or transferee releases the assignor or transferor from liability to the Company except that the substitution of the assignee does not release the assignor from liability to the Company for pre-existing contributions due and owing and liabilities under Section 502 or 606 of the Act. 4.4 Effect of Death/Termination. If a Member who is an individual dies or a court of competent jurisdiction appoints a guardian or general conservator for the Member, the Member's executor, administrator, guardian, conservator, or other legal representative may exercise all of the powers of an assignee or transferee of the Member. If a Member other than an individual is dissolved or terminated, the legal representative or successor of the Member may exercise all of the powers of an assignee or transferee of the Member. 4.5 Rights of Creditor Against a Member. On application to a court of competent jurisdiction by any judgment creditor of a Member, the court may charge the Membership Interest of the Member with payment of the unsatisfied amount of the judgment with interest thereon and may then or later appoint a receiver of the Member's share of the profits and of any other money due or to become due to the Member in respect of the Company and make all other orders, directions, accounts, and inquiries that the debtor Member might have made, or that the circumstances of the case may require. To the extent so charged, except as provided in this section, the judgment creditor has only the rights of an assignee or transferee of the Membership Interest. The Membership Interest charged may be redeemed at any time before foreclosure. If the sale is directed by the court, the Membership Interest may be purchased without causing a dissolution with separate property by any one or more of the Members. With the consent of all Members whose Membership Interests are not being charged or sold, the Membership Interest may be purchased without causing a dissolution with property of the Company. This section shall not deprive any Member of the benefit of any exemption laws applicable to the Member's Membership Interest. 4.6 Liability of Members and Managers. Members and Managers of the Company are not liable under a judgment, decree, or order of a court, or in any other matter, for a debt, obligation, or liability of the Company. 4.7 Derivative Proceedings. A Member may commence or maintain a derivative proceeding only in conforming with and compliance under sections 713-719 of the Act. 5 SECTION 5 MANAGEMENT 5.1 Managers. The Articles: vest management of the Company in a Manager or Managers (the "Managers" or "Board of Managers"). The number of Managers is 1 and the name(s) and address(es) of the initial Manager(s) are: Ralph L. Walker 10793 Addison Highlands Ranch, Ct. Colorado 80126 The initial Managers shall hold office until their successors have been designated. LJ reserve management to the Members (and any reference in this Operating Agreement to Managers shall be deemed to refer to Members) except when such construction would be inconsistent or would conflict with a reasonable construction of this Operating Agreement. 5.2 Designation of Managers. The Company may designate one or more persons to be Managers. Managers may be designated and removed by the consent of a majority of the Members. 5.3 Other Agents. The Company may have one or more officers or other agents with such titles, rights, duties and authority as the Company may determine. An officer or an agent who is an individual shall be eighteen years of age or older. Except as provided in the sentence immediately below, officers and other agents may be designated or removed, and their titles, rights, duties and authority may be established, by the consent of a majority of the Members or, if the Company has one or more Managers, by a majority of the Managers. Officers and other agents may be given authority to do any act that is not in the ordinary course of the business of the Company only with the consent of all of the Members. 5.4 Duties. of Managers. In addition to the duties established elsewhere in the Operating Agreement and the Act, the duties that each Manager (and each Member in a Member managed company) owes to the Company include the duties to: (a) Account to the Company and hold as trustee for it any property, profit, or benefit derived by the Member or Manager in the conduct or winding up of the Company business or derived from a use by the Member or Manager of property of the Company, including the appropriation of an opportunity of the Company; (b) Refrain from dealing with the Company in the conduct or winding up of the Company business as or on behalf of a party having an interest adverse to the Company; and (c) Refrain from competing with the Company in the conduct of the Company business before the dissolution of the Company. 6 5.5 Duties upon Winding up. A Manager (and each Member in a Member managed company) owes to the Company a duty of care in the conduct and winding up of the business of the Company, which shall be limited to refraining from engaging in grossly negligent or reckless conduct, intentional misconduct, or a knowing violation of law. 5.6 Good Faith and Fair Dealing. A Manager (and each Member in a Member managed company) shall also discharge the Manager's duties to the Company and exercise any rights consistently with the contractual obligation of good faith and fair dealing. 5.7 Self -Interest. A Manager (and each Member in a Member managed company) does not violate a duty or obligation to the Company solely because the Manager's conduct furthers the Manager's own interest. 5.8 Member Authority Limited if Managers Exist. If the Company is managed by Managers, a Member is not an agent of the Company and has no authority to bind the Company solely by virtue of being a Member. 5.9 Managers as Agents of the Company. Each Manager is an agent of the Company for the purposes of its business and an act of a Manager, including the execution of an instrument in the name of the Company, for apparently carrying on in the ordinary course the business of the Company or business of the kind carried on by the Company binds the Company, unless the Manager had no authority to act for the Company in the particular matter and the person with whom the Manager was dealing had notice that the manager lacked authority. 5.10 Actions Requiring Member Approval. Notwithstanding any other provisions to the contrary, the Managers shall not have the authority to amend the Articles, amend the Operating Agreement, to admit any additional Members to the Company, authorize an act of the Company that is not in the ordinary course of business of the Company, or to act on behalf of the Company for any of the following transactions without the express consent of all of the Members: Enter into any contract, make any expenditure of funds or borrow any funds on behalf of the Company in the aggregate greater than $ 1,000,000.00 ; or LXI Sell, transfer, assign, convey, encumber or otherwise dispose of substantially all of the assets of the Company. (Check all that apply.) In all other actions and transactions, the Managers shall consult with the Members as may be reasonable to ascertain the Members' Membership Interests, desires and concerns regarding the Company as may be appropriate under the circumstances, but specific consent shall not be required. Managers shall not undertake any act or fail to perform any act which would adversely and materially affect the business of the Company. 5.11 Members as Agents in Member Managed Company. If the Articles provide that management of the Company is vested in the Members, each Member is an agent of the Company for the purposes of its business and an act of a Member, including the execution of an instrument in the name of the Company, for apparently carrying on in the ordinary course the business of the Company or business of the kind carried on by the Company binds the Company, unless the Member had no authority to act for the Company in the particular matter and the person with whom the Member was dealing had notice that the Member lacked authority.; 7 SECTION 6 BUSINESS TRANSACTIONS 6.1 Business Transactions of Member or Manager with the Company. A Member or a Manager may lend money to, and transact other business with, the Company, and as to each loan or transaction the rights and obligations of the Member or Manager may be exercised or performed in the same manner as those of a person who is not a Member or Manager, subject to other applicable law SECTION 7 REIMBURSEMENT/INDEMNIFICATION 7.1 Reimbursement and Indemnification of Members and Managers. The Company shall reimburse a person who is or was a Member or Manager for payments made, and indemnify a person who is or was a Member or Manager for liabilities incurred by the person, in the ordinary course of the business of the Company or for the preservation of its business or property if such payments were made or liabilities incurred without violation of the person's duties to the Company. SECTION 8 RECORDS 8.1 Access to Records. Each Member of the Company has the right, subject to such reasonable standards as may be established by the Managers, to inspect and copy at the expense of the requesting Member the following records of the Company from time to time upon reasonable demand for any purpose reasonably related to the Member's interest as a Member of the Company: (a) True and full information regarding the business and financial condition of the Company, including written resolutions and minutes, if any, of the Company; (b) A copy of the Company's federal, state, and local income tax returns for each year; (c) A current list of the name and last -known business, residence, or mailing address of each Member and Manager; (d) A copy of the Company's Articles and a copy of any written operating agreement of the Company; (e) True and full information regarding the amount of cash and a description and statement of the agreed value of any other property or services contributed by each Member and that each Member has agreed to contribute in the future, and the date on which each became a Member; and (0 Other information regarding the affairs of the Company as is just and reasonable. 8.2 Manager Inspection Rights. Each Manager shall have the right to examine all of the information described in this section above for a purpose reasonably related to the position of Manager. 8 8.3 Confidentiality. Each Member of the company and each Manager shall have the right to keep confidential from the Members, for such period of time as the Members or Managers deem reasonable, any y information that the Members or Managers reasonably believe to be in the nature of trade secrets or that the Company is required by law or by agreement with a third party to keep confidential. 8.4 Electronic Records. A Company may maintain its records in other than a written form if such form is capable of conversion into written form within a reasonable time. 8.5 Written Request for Records. Any demand by a Member under this section shall be ing writing and shall state the purpose of the demand. 8.6 Accounting. A Member of the Company Shall have the right to have a formal accounting of Company affairs whenever circumstances render it just and reasonable. SECTION 9 AMENDMENTS 9.1 Amendment of Articles. Any and all amendments and modifications of the Articles shall require the approval of all of the Members. 9.2 Amendment of Operating Agreement. Any and all amendments and modifications to this Operating Agreement shall require the approval of all of the Members. SECTION 10 DISTRIBUTION 10.1 Interim Distribution. Distributions from the Company to Members shall be authorized by Member consent pursuant to Section 3. All distributions shall be at the discretion of Members, and subject only to Paragraph 10.2 and other applicable laws. 10.2 Limitations on Distributions. (1) The Company shall not make a distribution to a Member to the extent that at the time of distribution, after giving effect to the distribution, all liabilities of the Company, other than liabilities to Members on account of their Company interests and liabilities for which the recourse of creditors is limited to a specific property of the Company, exceed the fair value of the assets of the Company; except that the fair value of property that is subject to a liability for which the recourse of creditors is limited shall be included in the assets of the Company only to the extent that the fair value of that property exceeds that liability. For purposes of this p � subsection, the term "distribution" shall not include payments to the extent that the payments do not exceed . pY amounts equal to or constituting reasonable compensation for present or past services or reasonable payments made in the ordinary course of business pursuant to a bona fide retirement plan or other benefits ro am. P �' (2) A Member who receives a distribution in violation of subsection (1) of this section, and who knew at the time of the distribution that the distribution violated subsection (1) of this section, shall be liable to the Company for the amount of the distribution. A Member who receives a distribution in violation of subsection (1) of this section, and who did not know at the time of the distribution that the distribution violated subsection (1) of this section, shall not be liable for the amount of the distribution. Subject to subsection (3) of this section, this subsection (2) shall not affect any obligation or liability of a Member under an agreement or other applicable law for the amount of a distribution. 9 (3) Unless otherwise agreed, a Member who receives a distribution from the Company shall have no liability under this provision or other applicable law for the amount of the distribution after the expiration of three years from the date of the distribution unless an action to recover the distribution from such Member is commenced prior to the expiration of the said three-year period and an adjudication of liability against such Member is made in the said action. 10.3 Distributions in Kind. A Member, regardless of the nature of the Member's contribution, has no right to demand and receive any distribution from the Company in any form other than cash. A Member may not be compelled to accept a distribution of any asset in kind from the Company to the extent that the percentage of the asset distributed to the Member exceeds a percentage of that asset which is equal to the percentage in which the Member shares in distributions from the Company. 10.4 Sharing of Distributions. Distributions of cash or other assets of the Company shall be allocated among the Members and among classes of Members on the basis of value, as stated in the Company records required to be kept by the Company, of the contributions made by each Member. 10.5 Right to Distribution. At the time a Member becomes entitled to receive a distribution, the Member has the status of and is entitled to all remedies available to a creditor of the Company with respect to the distribution. SECTION 11 RESIGNATION 11.1 Resignation of Member. A Member may resign from the Company at any time by giving written notice to the other Members. Notwithstanding the foregoing, if the resignation violates any other provisions of this Operating Agreement, the Company may recover from the resigning Member damages for breach of this Operating Agreement and offset the damages against the amount otherwise distributable to the resigning Member. 11.2 Interest of Member upon Resignation. A Member who has resigned shall have no further rights to participate in the management of the business and affairs of the Company, and is entitled only to receive the shares of the profits or other compensation by way of income, and the return of contributions, to which such Member would have been entitled if the Member had not resigned. SECTION 12 DISSOLUTION 12.1 Dissolution. The Company shall be dissolved: (a) Upon the agreement of all Members; (b) At the time or upon the occurrence of the events stated in the operating agreement; or (c) After the Company ceases to have Members, on the earlier of: (I) The ninety-first day after the Company ceases to have Members unless, prior to that date, a person has been admitted as a Member; or (II) The date on which a Statement of Dissolution of the Company becomes effective pursuant to applicable law. Upon dissolution, the Company shall deliver to the Secretary of State, for filing a Statement of Dissolution stating the domestic entity name of the Company; and the principal address of the Company. 10 12.2 Effect of Dissolution. The dissolved Company continues its existence as a limited liability company but shall not carry on any business except as is appropriate to wind up and liquidate its business and affairs, including: (a) Collecting its assets; (b) Disposing of its properties that will not be distributed in kind to the Members; (c) Discharging or making provision for discharging its liabilities; (d) Distributing its remaining property among the Members; and (e) Doing every other act necessary to wind up and liquidate its business and affairs. 12.3 Disposition of Claims. The dissolved Company may dispose of claims against it pursuant to Sections 7-90-911 and 7-90-912 of the Colorado Revised Statutes 12.4 Winding up Business. After dissolution, the Manager or, if there is no Manager, any Member may wind up the Company's business, but on application of any Member, Member's legalrepresentative, or g Member's assignee or transferee, the district court, for good cause shown, may order judicial supervision of the winding up. The legal representative, assignee, or transferee of the last remaining Member may wind up the Company's business if the Company dissolves. A person winding up the Company's business may preserve the business or property as a going concern for a reasonable time, prosecute and defend actions and proceedings, g whether civil, criminal, or administrative, settle disputes, settle and close the Company's business, dispose of Y p and transfer the Company's property, discharge or provide for obligations of the Company, distribute the assets of the Company pursuant to this Operating Agreement and applicable law and perform other necessary acts. Subject to Section 802 (3) of the Act, the Company is bound by a Manager's act or, in the case of a company, p Ys the Articles of which provide that management is vested in Members, a Member's act after dissolution that: (a) Is appropriate for winding up the Company's business; or (b) Would have bound the Company under p Y Section 405 of the Act before dissolution, if the other party to the transaction did not have notice of the dissolution. 12.5 Judicial or Administrative Dissolution. Pursuant to applicable law the Company subject also sub' ect to Judicial or Administrative Dissolution. SECTION 13 MISCELLANEOUS 13.1 Complete Agreement. This Agreement and the Articles constitute the complete and exclusive statement of agreement among the Members and the Company. This Agreement and the Articles replace and supersede all prior agreements by and among the Members or any of them. 13.2 Governing Law. This Agreement and the rights of the parties hereunder will be governed b by, interpreted, and enforced in accordance with the Act and the laws of the State of Colorado. 13.3 Binding Effect. Subject to the provisions of this agreement relating to transferability, this Agreement will be binding upon and inure to the benefit of the Managers, Members, and their respective distributees, successors and assigns. 11 13.4 Headings. All headings herein are inserted only for convenience and ease of reference, and are not to be considered in the construction or interpretation of any provision of this Agreement. 13.5 Severability. If any provision of this Agreement is held to be illegal, invalid, or unenforceable e under the present or future laws effective during the term of this Agreement,suchprovision will �` � be fully severable; this Agreement will be construed and enforced as if such illegal, al, invalid, or unenforceable provision g p ovision had never comprised a part of this Agreement and the remaining provisions of this agreement will remain gr remain in full force and effect and will not be affected by the illegal, invalid, or unenforceable provision or by its severance from this Agreement. Furthermore, in lieu of such illegal, invalid, or unenforceable provision, there will be added automatically as part of this Agreement a provision as similar in terms to such illegal, invalid, d, or unenforceable provision as may be possible and be legal, valid and enforceable. 13.6 Multiple Counterparts. This Agreement may be executed in several counterparts, each of which hick will be deemed an original but all of which will constitute one and the same instrument. 13.7 Additional Documents and Acts. Each Member agrees to execute and deliver such additional documents and instruments and to perform such additional acts as may be necessary or appropriate to effectuate, carry out and perform all of the terms, provisions, and conditions of this Agreementand the transactions contemplated hereby. gr 13.8 Execution/Delivery. To the extent that any provisions contained herein contemplate execution of documents to be delivered to or filed with the Colorado p Secretary of State such provision or provisions shall be deemed to mean delivery of the document to the secretary of State for filing pursuant to 7-90-301 et C.R.S. § seq. 13.9 Additional Provisions. In the event that there are any additional agreements between the Members s or provisions with respect to the Company, an Addendum may be attached hereto, which shall be incorporated rp d by this reference as a part of this Operating Agreement. An Addendum containing additional provisions is /1 is not attached. p sons AGREED AND ACCEPTED by all of the initial Members of WW, LLC. a Colorado Limited Liabilit y Company, this Tenth day of August , 2016_. ostacari2a__ Ralph L Walker- Manager John P. iscombe Karl A. Wiscombe K. � %konw- 12 r1 'c z •. 4 1'KI D CE}.,S 8S- P ' .:% `' Rev 54&lD. No. 2 - 1 ANDG I Ca) ) LEASE (4tillus Pluss u s s a ri ; `c ±' u c e Kauffman P. 9r '''Box 22253,, DexW&, Co 8022 f-.�: ff;'t: remaf r called Lessor (whether of s.more) and 4 4' P a 0 B O a =-4D-41'; • 'Ftt 116 r a,• 103 eili..imaallPglilLialco.)1=•E'rming.P. 1 r { ,call,cdsraisccs „, Whose post e c , `---Foss wITNESSETH, That the Le ':64)for and in coaudcr o ,ash in hand paid, the receipt qf: "'` � +h is hereby acknowledged, a�d'� ,... �,,pYats agreements ham, . � , , contained, granted, �.. ' b y thcs c presents does grant. dcri bi l and'lct cxclusivc1y!nrito tho-1d seerctho .lid l�in� 1 with the cxclulsiv* c x p i o ri n g by geophysical anthic thcr, methods, and opaatinz for aid producing therekom oil and all gof whatsocvc$ nature or 44for ! ay i rig pipe lines . { d� ` Lion 'of structure.' thereon to R - , sayl and.•tak■e Care of $i4. , 1 �` 1.1Cti.r$I 1 ` .C4411110 try of �L- State oL '. ≥ . , c- i+. 1 r— LIARSr r, and let, aid•r: ivapurpose of raining, in tlr County of •l • _ — • CI L f (c.:5) � , tip:} A DEP'S EM0PANnt.; ' I'3f I -7- Section'I � q lila DOCUMENT WAS ECN , ,__ 'JJ' 25 — . �,r t, 7,T —R6 YM ``�f B I 4 A D E Q V t'1 T: F �4 e: J, , :,-----. t. 'y''+ b i,(. y".�' . 's°Y�4i ,4.1�r f�fsf1 a c/ 7 ti %J !\ +,• %� rf+` I F�F`} .^^s ` 1 L iJ1 L;L j' �in i-ib''.;��U • "'+.��y }51+'[� 7 'fry, {/,,�� [/�- ;7 1 — f ' r - • r 'I '•``_'�1 ' f' (`. /+ E/ i S e b t i o r 2 s9 T2N L f R63W 3 w �'�'� p }/,,Ir -.. _, / f at, ,�`"?> / > 535956 411)-1594 P-7 8 03/04119/ .� ? : 49 PG `4 ,�?� ; .., �� .f Vile t cI CI'r_ . tii h v CO J A S ti k. Iij'? +' -.s u ka n oo t o Clerk ..R e 'd rd e 1 15.00 _ tit •` Lti t\ Ll‹.-\..-,-„...> ti c . c� c, —f (N„. `'i''nC :u:,.ainin '�� \' __ _ r3'+ �year�`�`. \, acres, moreorI . ,c,/ `J NJ) 1. h is a g rcc d ;hat this 1 c asa sl l remain in force for a tram o t'rdm this data and as long thereafter as oil or a.3 of whatsoever n or d is roduoed rom said leased premises o.r', an acreage led therewith or primary ;A1 i_ ,. ,♦1� did$ operations art continued as provided. �f, at the cx sli-�-�# the t� of gas , , , g produced p or on pooled therewi b tt L is then engaged in .�1 ` ■ i-' n , � lease. o � l o r � s nc�=��s n on the leasedSono-working L" e r c a n . Lhe n this !case r�'411 con came in forme so long a3 o ru are being continuously ro on ho leased premises or c3., spooled ; and <�, .t. '3 pc r a t i o n s s h at i be co ri der ed ;o be continuously rosccu it not. more than ninety (90) days elapse between the completionICI of o wG l and (0I - 1.:1d beginning of o p a n s for the in of a su u�*4 if air discover/of oil or/' ' -fin land or on acr pc poo �.'thalit craof',, � � I- f should cease froc'G i4)cause after the primary term; t its shall -not. �if Dees O additional dr li or v'or rthm thacit-- XI) days from a o f cessation of production or '�a. d■ate of completion. of dry hole. ` ,11 or gas shall be diseovercd an ww�ed as a result of � . . at or a rte r al c(c i a a t i o r� of the prima tam of t*- leisc, this lasso •QQruinue In k#osjso long u oil or is produceio the leased p� or on V J.. a p.O.1`�,� 1'�J j rLi r /try/`' 1' • of -I ,. irk 1 (' • ''\ i"' /4) i h�7crq T•Z"�, ' + t i . {. i. ti ti j■ S q\ 2. This'+ ' PAID -UP LEASE. . in oaz d n of this down cash payment ' r that Lease* se* mil # oL tic $ • R =CC'S a# *at to corru- _cie' or continue any operatic= du oto primary team. Lc4 may, i y t or times du�rin or ~t 'unary term Is' to all or any 'r 10 n of sad land and as to any 3/ .tir stratum by dellvcrug to s0.,1•Nb r ding for record a reek 'or and be relieved o(aZ 1. ac C rx4. g; as to the acreage s u rrcndercd, I • r ,J'• 1J . ~`` , . J '` f ! `,� �► r �' ,1n consideration i said 'Lessee covenants and a 1.� •: 1. • ` z ion of the premi; '`� 1 I t � I + I + ',I 1st . To deliver to rim creditito - esaor, free of cost, is the pipe, _,fo Whit Lessec may connect cI, ] p r off. is c cd and saved from ` lcascd prcmise3. RI % 1)41:;> Attached d e L `, ; 2nd . To p a �' Lessor f t> s proceeds #' , paya►bie quarterly, for :56th cac•h well where gas only Lit ' while the sae 15 being u s �1 off the prcrnt and °if used in of gasoline a ro • tl of able monthly at the 'fit for 3rd , To piy �� Lessor f ofr� as produced from any oil well ', �r ,, y p� , $s'4` f 1, $ p yell a used off t r�es or in the ma,n�rcr of line or an of * . .r a Y r ]�■/L gasoline i-1 ■ i .` Y' � � _ ..} ti�li a r• • . ,rte I I I r I gh 10-CrZic holder thereof, and the Drs 1 s� ,, h ol1 d in the premises described ht1 ,, s3 laid IN '\_''-i • IShould any one or more of h cllthabo o, .' / J .iOREENiE'` ms•l} lade. and entered into the � + •__-_-_L _•-- ` V r} II■ .. ,\ r r • 'tit Ij 1 byby and between. '- NN 1, "110,47:-,95 1 office address is A.1 Production Se,r- + .oes • ' titscnbcd as fo1lo,i..'s,?_.._ l; ,J. ` r' \`4,r A. "a ,the mouth of the well, payab1c,io thIy the rev4g8 uiarkc :rte. OKVaSbl419rmAir, IWAlimPliglPIMPIWWWAgsvormaiiir �t of all r, �� t� - --• - - .. - , a ti 1 t • 5. If interest Ia the Y`J said L�� o� ns $ less m land �. anci_vldcci f� c�tal��+�therez.ap_pen, � �zslt auk ah�� , royalty) h: �9 ' p r 4 V 1 d td for shall be ,, only, A the `. pr�Gpoi't ell. w / r' i 1DtC+Ci t S+o the 1 ILDdIY .. gas phaid 61 Lcss4' 1 l have the right to use, free of'` t, -gas, oil and water 'prod d`cf O •lam for Lessees operation th , except water foe the wells oa r. 7 w/y�(.�aacq u e.st i by Lessor, Lessee uiy .Lest&s pipe lino below pi "; epth. \C5)�J i • ( t. ,r)'J. S i 14�Y rT e l r s r . al1 be l F . 1 l nearer 4th Xr the tho4se or, bs }y�� # .{/1,Jz'i ■ without y*�+ ■ t ho written /�7�{j� 1 * r Le•ssor. J/ 1{f' -- �i �.� • ! �.-a4C* f to T�T�1noC'".T'! premises •,ithut rittw wT. At of lor1 �•T1T T y l 9cti-i.s� iez s h a. I pay for damages �4-}bar Lc.,usccf s operlatlana to gro ►l 4 on said land. r , ,\ ` � ' g y- to move all acs on said prci&sas, turd . a.} g' the rigs to draw and rr.�a over " ♦T 1 �. �. �s�`� shat; haws the right a[ an Ij „...c .' The rights o f Lessor and Lesegliereunder may be assigned OS* part: No *Igo in ownership Of 4ssorks interest (by •i ) shall /A`e -6-in d in g on Lessee, urn ti 1 Lscs s crc ha ..Gen furnished with noticei,(Vrit.ibitOreatificd copies of all recorded, is or documents and other - Nkre.S o b I is:n a complete chain of rOottitle from Lessor, and tom► f respect too payments therea , No other kind of notice, W # +.� of Cbinding Less= cc Kt4*r alt or fun= division of so ,ownersb ip as to �t portly ' parcels of said land shall o� Aga the obi �+� tt�e shill be on L � � ` t i o n s o r diminish the righis of L sic e. dad all Lesseo'a o a : condu et0:without regard p such division. If all or any parts!! t Iwo La 1334004, ' no leasehold owner shall n bc_ liable for any act or omission of any,. ' leasAold owner. • - i ' 12 . Lcsscc, a its op4 aN- s hereby given the right and ppylettiat any.limo and'frona tithe to,r a uxrtng right, either bcf 'o -ar after � as to de - 11 or any pan of ray c 1aa&4d c ribcd herein and as to any off- + +ore ref t f cur a .,is .,pool or unitize the ler&S hold C4taiiiiid LbO crate award ``+� by this lease with o Lhct ��tt nd, lease or leap is the Immedl* v •fozctha''ptod of oil} ' gas, or separately for the produ ioh+ of �, when in Liss _ , _ `� judgment i t i s n �Jccs �� _� 1 1 _.,,` $ o r advisable to do so,. and hies 7 4 Of vi it :. exists with respect to Rich 0(441AEld. ludo of last. i (Cc) ba •r to`~ clude u forte. The or a • of, ,-, d Unit-s previously forrtarrd to include foes �4t�p � ��`�$'�� ,: ' Joist(' $' � . any unit shall bCacrornplrshcd by Lcuca la ' r Gofd,:` i ot� i r hki t�oP oar =formation, w �> f: Any - b►a''ridi' 'v 'o -'drilling � , — - a Lint( may <1491u/de land upon which a v�reli < havebeen Pcginmenced. riling or �s k-otking operations or a weld-,Intir w�arW iO � ##tn , p** .w includes all or a p #Ng this ltd - bo cowl as i Prod LI c ! i a r , *l l i ng or reworking operations 00441 sly frifqt" apt. a;market 1J i s lessa. la lieu oft rant . r.. 4rhere herein 1 gas roy.a t40-. Lessor shall receive on tom. �rodi�`� from this u':� �Y as the portion of such b� �lc�a.tcd to Ie`ase. , be 1-h. t1oponi o n of the unit proiductio4,444 the total mow. ; iaa4i vercd'by this lease aqd i2iu :~ ibio unit bean to the total a c r c ,tit such unit . In add i t ion to the f ssow+Il+.'"''1� • , uth or Coi7�� au or* put of the above f to o a m ot.rld f the formations thereunder wi * in dui ?s its a. cooperadvo t t plan of development or Approved by ' `ovcmmentat authority and f - � r ' t. plan or t III �.` J the . �-� , . ty � r�� to time, �iLh .] apl��rah :ge �r•. ac-� p a� �rr�t. `c'pd u 6 on s and provisions of thta <] Atli bo did �;tO.,, , :#o : terms, ca:€iit1 � r..„. N r � visions of sucb a vcd ....., . L�• a uelt p of -N- � c �� e 1 o men t or operation and `�' �' ' ... -' shall be s� b ..... • `r� with t� 1 t", pt,i ` it , all �g �+i' OvenThr 1 •� M # �g and developmcnc requirement of such pistols ,', ► , 4 'or tap • 1a 'of such p or -12 Lb. CA= that said above dcsc 'i lands D ay pare thereof, herd bo: T - ;�, r 4 perativatu it of devalo meat or _ the Foduction „--SA develop Sat from} is allocated w cf rtnzp� rt ns of ad land caw _ r , . a,*,tlie ''production' , to' any t of X11, for the pare of , f� compucing the. ro ' a1 des r6�:�• std her , a�,. biliFf4 Itipop-P1 kOilltu so allocated. Lt.4,0,14411 fobrially, appal. Gunder to Lossor, • r •.:t•.�+ - + Y t tract of land too wh,is,�'4 ii � and Doti.= r ,-ti o ther tract of land; ancLthe; oyalty paty is IOWmade ,1 ■ consent to an coo xauvc or , , alai If bid" t f o r Pe ,; un,it p of dcx pmeat , . ap r. od b I�. Y Ss ` f .n up, s� '" • 1 Lessee. �` . $ +.` t .. is •,. 1; ;� 1 � �' •• F1 , •1 � I: IL r� Jaw Y , 1.1',M ■ r } • r� ,• 4 i �f�, 1: �. i '. •'- . '�,J r\ /, a ■r� ,t f, iy�1 •' •■ �• r • ,r a •. . r j • :. r . 13 ."A11 A�p. ≤ or unrolled covenants of this I J Abject r' '�raIla lib:. to rj;��ii Ord , 1 f b and its 144. ;:, no be t e nn i rya t. �� r n whole or in1433/44\4040 4 "1 m t Gi '. 'Coro lime `i' f 3--twi it X41. resuii of. '`�`•'I part, nor ! • * •V ��'��.+! �� p • ,. • �. '1�\'+t.,,F- r .'i .`l rr �r!�A�+}•, t� /fir, Rule o i �•.Y . '•� ■}' 1t r r -r !! �...I,64ch Law, Orde R le or. 1f�� Q 1 � ,. ''.'4t�_ rsi r r■ ,,,, •� !' i y'. -'• 1�• • �_ ! ,� r / ' F i • r • 1 haves r- �� [[ (l} (L� r fLj • j � -' 1 1 - N ■�. •lry.�+♦ lj * �f�, y[�3 �7 �+ a �,�� 1 4 . iSif hcl cb i •. ■ �. r _ rr�' r ' _ r• . sI( i..r i•. ■ • 1 • . l iy,.a s y 1 ■ eve it any thlor0-. + } ��'11 .tip ., �r � for L erti4r:`- w payment. t - .• .` .._ 11 { mcnt by +.ate •"' : ir'■ to till, P . any mortgages. d. other'l.i�.a ,� •i t4c cy ;, •d+rto v/ t a. AS #. ,may surrender and as .. ally -'w -� reset for which tIsicaso is - ■ - , r . �, , _ A . 'fie this ; l ' '' r'ca lc.0 be binding upon of do route it as Lessor. 'Thew r '' . .■- I. �'r this ilf:; a as�3 r word L�r is used 3 this d , .. eprovhions i of ra tallipf iwho execute r•• this I sea s e s h a l i be binding a rr r fhe, successors �� '` . and 'sacs. ' •. , ti , r ,rte. J', . . ./N. ,, �„ i EN ITN ESS HER.EQF, ,� • instrumcxg Is cxeciat 'I U C e aNdid e n a tim a. t t . c l� f t r , • / • brit:i 7 o w�. :. . � •• t ' :1.{ i �� a � � * . ��atee : _ 4, PP:0 11 • } - -_%. /l 1 t• `'`I 2+ / S. .rT +ti p • . • . - • • r - � , hi r• nQi 'zad e .p&,J I • 4 •. 1 • a , •_ ,-y. 1, • • 1 1 ft~ • 1 ar • ,i6Attest tes t \, '� }J fie 'l•J 0- l• i 9 ti . 4 C ,# r t • r S f f this lease ; , 2 c_ • I� 1 4 i./__,k,1/4.2/1 • 1 rte+ t `s T 7N ,`• �~ 1 1 \.' fr f s • ,� 1 • •`N / -- . •5 -'\ •-fit . . • @2o T2 ADDENDUM 25 .k,. 6 8-1594 P 7 S ADDENDUM m Feb . y, 1997, amens an as Lease dated 'uary 1, 1997, fman, as Less97, and ICJ Produq IL AND GAS 04/1997 12:49P PC` Not with Lease, Less provisions C\ 1 Lessee agrees lc@ a 2. To pay Les <N,,7 produced froly Sc? and entered the terms an nding the terry covenants and C\ 3* Less produc on or and S\.) cCC> o pay a nd provisions rees to the cash a 15% Royalty id lands coveec OF 3 o this day of griovisions of r�r taro Oil _ een Julius P1q and Bruce on Services, In , as Lessee* the Oil and G lowing terms pay ent of 4000. ri(< Itrest on all o by the o i l an s Lease. • WNwiy ,o agrees to oom e the drillin l in of existing wgp s covered by t ore one year f the date of t401 Lease. TED the day a 01111NNiv Hiki 6‘› t(s'? ear first abo is\ 1 ,4 I �N (1E.ndJor gas a well and/o Oil and Gas Le ddendum to the ritten. Julius Pluss, er uce K sor Lessor J cs` pe / Presiden Production Ser„v1 es, Inc essee M C`.9 IIITI c9 cse Pl a, (es' CORPORATE �A+iC1WLEDGIKENT �O 25359A6 B-1.594 P--78 03 . 1997 12:49P PG 3 (65} 3 STATE COLORADO Co b 'otary Pulic in Pape, persona who executed` corporatio himself set forth`) IN W and OF MORGAN this 8th day i February, 1997 rd for said Cou known to be su e foregoing in nd he duly ack for said corpo Nwy fore me, the and State, per fficer and to ment of writin edged the exec ion on for use Nj SS WHEREOF, I t. f e set hereunto ixed my off is '. ' seal the day @ccs ersigned, a appreared JD he same perso n behalf of sa on of the same d purposes th t my official year, written J. G My commis is I _O nature e .,,I ll<<,,,t, f, • \ •' •,„.• ct! 4str 14/r14/9Ory Putidpsi xpires April 1 AO) 4 I. I I4fl' • 4 s e)> eKts cso c9 est /e9 e• ir R /ar 3024582 01/1612003 1 of 3 R 16.00 D�� n 4 STATEAT COLORADO %\re' TY OF WELD THAT WHERE Julius Pluss di March 4, 1 R 3W6h t (Ps III 11I1I II� J P Weld County, CO Steve Moreno Clerk ��order RATIFIC TI�iN OF OIL AND G AND �QRANDUM OF A s� J Know All men by cute and deliver to D .t Reception #25359 Weld County, Co e.\6> . retofore, under date of ia�ry 1, 1997, reciting Junes and Bruce aufn Pluss s as Lessors, ease, recorded on of Section 25, T2N S7 Presents: LEASES EMENT T + HEREAS, heretofi ce Kauffman did exec n March 4, 1997, at R63W 6th P.M., We reference to 4 „Production Services, I ook 1594 on Page Th and. nder date of January d deliver to D. J. Pr ption #2535956, Boo k t ., * 4 ounty, Colorado; 4 hereof being hereby - or all purposes; and, (?1,) said leases and all rand privileges hereun e now owned and hejny Pape OilFielld Sere to1orado co oratio ose address P. O. B 43, Fort Morgan,Co o 80701 (hereinafter T �� limited liabilit an Whose address o t., Fort [ n, o e � and 1BB, L�L SIorado � �� Nancy 701 (hereinafter cal BB").; and, as Lessee, an oil and vering the S/2 and N WHEREA , the by Reed Re s ate Limited Partne i`f , whose address is 1 (hereinStjaa led "Reed"); and, e° As, it is the desire o t + d to adopt, ratify and leases and to the reco reciting Julius Plus ruse Kauffman, as rs, ton Services, Inc., as ee, an oil and gas leas corded on Page 78, covene S/2 and NE/4 of Sep $ 125, T2N W bw THEREFORE, consideration, the re lessor, does hereby apt, ratify and confirm s demise and le Lands and premises with all of a erns and provisions lessor i said leases and had exec, t here ree and declare that s s trig oil andgas 1ease g � ($3 urthermore, this Ra ' ` tion of Oil and Gas all other terms and editions of that Agree 1, 2002, includ' c e ` &nsideration of the pry �` es and One Dollar and sufficiency of w is hereby ackno led •(§). ineral interest then own d and held by Julius Plusn ruce Kauffman are 99w owned and held outhern Street, Bri �,� , Colorado, 80601 4 ed irm said leases; ono TOO) and other good d confessed, Reed, +aluable successor Leases in all of their tees and provisions, and dS hereby lease, o Pape and MCC, the cessor lessees, subject and in accordance id Leases as fully and pletely as if he had o�t ally been named as acknowledged and r1ered the same in his o ` roper person and does@ gases in all of their tee d provisions are bi on Reed and are vali s And Memorandum by and between Reed #79 l Y V greement incorporat - ' reference e and MBB dated eff��' e December Without limiting or su► ,seding the terms and coietions provided for in th, greement, articles c? •i(7 4 tll lll{�ll llt 111�II 11111 i111i 1111 1111 24582 01116/2003 OAs eld County, CO \G�? of 3 R 16.00 D 0.0 � ve Moreno Clerk & Reco�`� CS providing as foll s: Q Q 1. aat Pape and I 'MBB a J ecifically required to closing of said Ag . , ent and the failure to result in the ter ton of the Leases; That in t ent Pape and MCC de or sho aid leases otherwise e i nent and assume o er do q F p Should any said per Colors EXECUTED thi 3 day of Janu, REED REAL ESTa LIMITED PARTNi SHIP 4 on or firm desire addi r firm should contact 0701. cajt By: Bruce ikReed, Manager of B Bonnie Reed EnteLLC, Its: era' Partner PAPE OILFIELD I E, INC. By: i L. Pa ''resident e@)% STATE Qy _ OLORADO TY OF 41> : 41 tfr(ent was acknowle� of Bruce & Bad Reed Enterprises, L e, Reed has certain ri irm such operations w %.C? <02' orrn certain operatic (ithin 120 days of the n the time provided ma o plug and abandon o r more of the wells on J . e Leases, o acquire an interest i leasehold information regardi - Agreement or wish ti97,pect a copy of same, by ritin to: Pape T. ieid. Service, Inc., P. ox 1.143, Fort Morga , Y ti Y ono 003, but effective D ^�41.%ber 1, 2002. ®Ic) aye &.0 MBB, LL�I 09) 4SNOWLEDGMENT B. (Brad) B Its: Manager 4% %c> c? - ��o�o �o�o 41/4-1 S/S d Mfore me this ) 3 day fiinuary, 2003, by Bruce D>Reed, Manager eneral Partner of Re eal Estate Limited Paw - ship, on behalf of @/ e hull 111 IIlt11f f�f25 3 R 16.00 4 0 0: D03 � the limited partship. In vtess whereof I have he :nto set my hand and se My 'omn" ,ssf% pares i ' STATE 0 b� J + OF".'V eet �\ �v �J� The foregoing inst 4 LORADO g<ti . V5 � f LL t . 4 Notary Public t was acknowledged Manager of B LL , on behalf of the lj . In o ess whereof I have he My commissi STATE OlOLORAD0 COI of etk n WI O�O was acknowledged of Pape Oxlfieigry ces, Inc., on behalf the corporation. 1111111111111111 Id County, Co Moreno Clerk & Record 4 0 ore me this! 3+-+, day ited liability company.4 4 1, is )3'ay of nto set my hand and se t% pires 7_Q5r is i, day of jc?cw 4 Notary Public 4 The foregoing ins In � ess whereof I have hem p� 1 My commissiO� � pires (p /7 u 4 \/ to set my hand and se e me this )3 day of 4 )3 daof 4 Notary Public 4 2 .(21 c@)% 0 ry, 2003, by Terry L 4 A.D. 2003. A.D. 2003. *.% C: { + w T V I r • i rF ie. . t ` 3 r M 't • • R Ack. uary, 2003, by H. B. ad) Boehm, } AD. 2003. • •- rip • C y F1 IL I. I 4 I/ W ..I / .:\—/fr % � \4' President 2 .(21 • i o in .e, Ch • 1OO, Form',88-- (Producers ) wan.,Okla. & Colo. 1951 Rev. THIS AGREEMENT. betwee Into this the.. �7 (steeds et.. _a rc:-..5,-"cc Rec. No -.._,15 371(4 OIL AND , ' LEASE CASPER WYOMI \� MAY i 4 ...m.„�! rNDEX Q Ann Sr -cones, kocrr4r> KINTZEL BLUE PRINT rjt.h May 4 aid marr-ieri .men rlenl i n , in thri$" nle and s0parate zy __ yf 86-fla Nie,t 69th. Place, krva / Colarasin 80002 bereinifte called lessors and Thos . F..Wheatley, j1- Midland Svcs . Bldg., Denver Colorado hereinafter called lessee, does witness: 1. That lessor; T foy and in consideration of the sueDallars in hane 'p id' and of the covenants and agreements hereinafter contained to be performed--titf the lessee, has this day granted. leaned, and let and by these presents Oa hereby grant, lease, and let exclusively unto the lessee the hereinafter described land, and with the right to uniuu'•this lease or any part thereof with iOthtz; oil and gas leans as to all or afj'part of the lands covered thereby as hereinafter provided, for the purpose of eie ryllg on geological, geophysical and ocher exploratory work, including core drllltng, and the drilling, mining, and operating -for, producing, and saving all of t$S cS1Y, gas, casinghead gas, casinshead `Daline and all other gases and their -respective constituent vapors. and for constructing roads, laying pipe lines, buildifl tanks, storing oil, building powers. -stations, telephone lines and other structures thereon necessary or convenient fait the economical operation of aid land alone or conjointly with neighborlsi( lands, to produce, save, take care of; "and manufacture all of such Nies subs r; and for housing and boarding em es, said tract of land with any('9iEtiionary rights therein being ■ituatfl 'the Count; of Weld — State of 1CV ' do and deacrfbed��a�Y&lows: Toknshi. sletalatglarram--.tam Son ago d containing 640 - Gagers*. r less. 2. This lease shall remairt"`ul force for a term of t•}►? Pr' years and as long thereof ?' as oil, gas, casingbead gas, casing uoline or any of the products coveped,by this lease is or can be produced:: , =�7 Q 3. The lessee shall deltrl�si to lessor as royalty, free of cost, )n ,lie lease. or into the pipe line to ethic essee may connect its wells the equg_ ne-el hth part of all oil produced and staved from the leased premises, or at the lessee's option may pay to the lessor for such one -eighth royalty the market price for oil of O like grade and gravlt9 prevailing on the day such oil is run.•lnto the pipe line or into storage tanks` iD 4. The leasre�hAll monthly pay lessor as royalty,oii fat marketed from each well where Sae ly la found, one -eighth (Sill of the robeeds if sold at the well. or if marketed by lessee off the leased premises. thehone-eighth i Ls' of its market value •at (the well. The lessee shall pay the lessor: rat one -eighth I trsi, of the proceed] redeived by the lessee from the sale ,oft caiinghead gas. produced from any oil well: i b i one -eighth I 1.10 of the valeejit.•the mouth of the well, computed at the prevailing market price. of the casinghead gas. produced from any oil smell ;and used by lessee off the leased noises for any purpose or used on the:ga-led premises by the lessee for purpose ther than the deve:opment and opeta`tlomi therof. Lessor shall have the lege at his own risk and expense cern:sing gas from any gas well on said land- for stoves and inside lights in the principal dwelling located on the lea s�d� i iyemises by making his own connections thereto `•.$'e Wro gas from a well or wells. capabtt' • f • prndnring gas only, Is not sold olu c'si•d for a period of one year. lessee\chaff pay or tender as royalty. an amoui ual to the delay rental as provid ir;riaragraph •5• hereof. payable annually,>at the end of each year during wl lEb' such gas is not sold or used. • \ tlile said royalty is so paid or ten ithis ;ease shall be held as a prodocjng property under paragraph nom ., tea hereof. if operations for the drilling of.. ia'PE 1 for oil or gas are nor comment., _ said land on or before the._ Iday of lease shall terminate as to bot i,`yties, unless the lessee shall on `�b?fere said date pay or tender t ssor or for the lesso• r's credit First rdation �._ - _.__Rank at Ary . � Colorado. _., Jam, r its successors. which Bank and/ • .+lsuc- cessors are the lessors agent ball continue as the depository of ` `sand all sums payable under this.---leas.a regardless of changes of owner said 'V - Six Hundred F rt & 112/1007. —..Dollars, land or in the oil and gas, the rentals to accrue hereunder ,_,ie-'sum of.-- ,_ _..�._.._.f arh?a shall op- erate as a rental and cow, %trite' privilege of deferring the commencement of operations for drilling for„i\'ehod of one year In like manner.,aaeedd upon like payments or tenders the e ncement of operations for drillings y' further be deferred for like pero4f uccessively. All payments or tenders'lirtity be made by check or draft of lessee `oil` y assignee thereof, mailed or delioEPEd on or before the rental paying date; ither direct to lessor or assigns or\ to)satd depository bank, and it is understood and agreed that the consideration first recited herein, the down payment. co ers not only the privilege granted to trie date when said first rental is payable as aforesaid, but also the lessee's option of extending that period as aforesaid and any and all other rights conferred Notwithstanding the death of the lessor or his successors in interest, the payment or tender of rentals in the manner above shall be binding on the het/re, devisees. executors, and administrator af. such persons. ��`i `-C lc) G 6. If at anyCneise prior to the discovery of oil or gas..bn this land and during the term ��s lease, the lessee shall drill a dry--tidle, or holes on this land, this lease sha�1r�n�ot terminate. provided operations for' ttie drilling of a we:1 shall be con4Menced by the next ensuing rental paying date, or provided the lessee beginsjbi resumes the payment of rentals n- manner and amount hereinaboe ided. and in this event the preceding paragraphs hereof gov- erning theent of rentals and the manner and effect thereof shali continue in forces c 7. In case said lessor owns a less interest.•in,the above described land than the,•entere and undivided fee simple estate therein then the royalties and rent- als h rein',provided for shall be paid the said_tessor only in the proportion which hesi�seterest bears to the whole and undi ded.lee. However, such rental shalt be invited at the next succeeding rental anniversary after any reversion occuris ‘102,"cover the interest so acquired c The lessee shall have the right to-inie•"free of cost,gas, oil and water/Iliad `` g fobirdr� on said land for its operation>��reon, except water from the wells,-olt. 1 eT'i nor. When required by lessor, the'`Iessee shall bury its pipe lines below Wei depth and shall pay for damage ,used by its operations to growing crops) n_said land. No well shall be drill it artr than 200 feet to the house or labia--riow on said premises without wrILe onsent of the lessor. Lessee shalChitve e right at any time during, or aft file expiration of. this lease to remceseitl machinery, fixtures, houses, buftdi s and other structures placed ois,"->srtd premises. Including the right to drfl+pKa�nd remove all casing, but lessee shat be under no obligation to do so. not.shall lessee be under any obligation jp-featore the surface to its original concitit',`where any alterations or changes `*re' due to operations reasonably necrsa'ry under this lease. ` s 9. If the estate of either �\ �1 p"any �ierrto is assigned land the prlvilegCof aesigmng in whole or in pan is expressly allowed'. the covenants hereof: solidi extend to the heirs, devisees. executors,- dminlstrators, successors, and asdlstns! but no change of ownership in -ills -.land or in the rentals or royalties ,nr/ any sum due under thi:: lease shall be binding on the lessee until it has beerL.furnished with either the originaLrecorded instrument of conveyance or:a:11.ply certified copy thereof or a certified -ton of the will of any deceased owner -tend of the probate thereof, or credited copy of the proceedings showitte•-1*ppolntment -of an administrator for the Es;ate of any deceased owner. whichever; is appropriate, together with all ubgipal recorded instruments of convertnbe, or duly certi- fied copies thereof necessltr-g in showing a complete chain of titte-'back to lessor to the full interest ela•fined. and all advance payments of rentals made here- under before receipt of said documents shall be binding on any direct or indirect assignee. grants devisee, administrator, executor, or .heir of lessor. 10. If the leaM!t.premises are now or shall hereafterThe'owned in severalty or in separates 'gts, the premises nevertheless shalt^L ydeveloped and oper- ated as one lease; and' all royalties accruing hereunder, sbaill be treated as an entirety and sbijb et) be divided among and paid to su`separate owners in the proportion that `tai, acreage owned by each separate owner bears to the entire leased acrepgec< There shall be no obligation on tai pert of the lessee to off- set wells on separate tracts into which the land coveted by this lease may be hereafter dirk ''by sale, devise. descent or otheewiscor to furnish separate measuring es- eeetving tanks It is hereby agreed,-tla..- in the event this lease shall be, t•d as to a part or as to parts o its; above described land and the holder :orcowner of any such part or parts shear make default in the payment of the taroportionatr part of the rent due him or them, such default shall not operate to defeat or affect this lease insofar as It covers a part of said land -Sion which the lessee or any assignee eof shall make due payment of said rentals. r N 1.1Z-tessorX PM( MIK XIo ( ; cxJ*K xx'CDg xl grees that the lessee. at;' whole. or" in par any axes, mortgages. or,oC er lens existing. _j"evied, or assrsse dn..or a alas'} tale above described lancis'►hi% le -Shall be subrogated to the rights of ant.holder or holders thereof and may ,re3tnrbUrse itself by applying to the discharge of li `any royalty or rentals accruing heitlitf der. C 12. Notwithstanding anything 10/4,111S lease contained to the contrary \Aa expressly agreed that if lessee stO 'il1';scommence operations for drilling time while this lease is in force, a lease shall remain in force and i rms shall continue so long as su . Operations are prosecuted and, if p results therefrom, then as long a,iGpi'oduction continues. Nom' 13. If within the primary &O\p\>of this lease, production on the ltd p-emises shall cease from any ctiisse his lease shall not terminate prcrir d opera- tions for the drilling of a wet]. jlfsll be commenced before or on the lent ensuing rental paying date: or,r-pni idrd lessee begins or resumes the:\pftyment of rentals in the manner and-liniOunt hereinbefore provided If, afte'i' the expiration of the primary ternrif 'this lease, production on the leased -premises shall cease from any cause, thl$•s1Esse shall not terminate provided lees*e';resumes operations for drilling a well. within sixty •60• days [ram such ceseatien, and this lease shall remain In lead during the prosec""tion of such operations and. if production results therefrom, then as long as production tontieues, 1 14. Lessee may et any time surrender or cancel this lease in whole or in part by delivering ,or mailing such release to the lessor, or by placing same of record in the proper county. In case said lease Is surrendered and canceled IBS to only a Portion of the acreage covered thereby, then all payments and Uabllltlea thereafter accruing under the terms of said leaf 'his to the portion canceled shall cease, and determine and any rentals .thereafter paid may be apportioned on sn. senate basis, but as to the portion of the' acreage not released the terms arid previsions of this lease shall contingcaridd remain in full force and effect for all`pUrposes. ption. may pay and discharge in • o in event it exercises such option . any such mortgage, tax or oths N1 Y talon 15. All p ivIgIo is hereof, express or implied, shat ire subject to all federal and state law; and the orders, rules, or regulatlo �.ttnd interpretations there- of? Of all goverrfinental agencies administering the", -hales, and this lease shall not be in -any---way terminated wholly or partially' o�t shall the lessee be liable In damages., for failure to comply with any of the.. rlI press or Implied provisions hereof if such failure accords with any such haw3, orders, rules or regulations for interpretations thereof1. If lessee should be prevented during the last six months of the —primary term hereof from drilling a well hereunder by the order of any tonstittited> authority having jurisdiction thereovett, or if lessee should be unable dui;ing>said period to drill a well hereundei~r-sloe to equipment necessary in the drilling\ttiereof not being available on account' of any cause, the primary terrtrt'..this lease shall continue until six % ,ttts after said order is suspended an4!or,sald equipment is available, but the lessee shall pay delay rentals herein;. pr'bvIded during such extended time e,.:• Lessee i3 hereby expressly (arlt.eid the right and privilege a which-1ecs3ee may excercise at any time ei �Sefore or after production has beeW;N1 %bt tined upon this premises or any <premises consolidated herewith; to consolidate the gas leasehold estate createdb y the execution and delivery of Aims' 'kale. or any part or parts thereof, ti any other gas leasehold estate or;:tansies to form one or more gas operstirtg units of approxlmately 640 acres/40C f such operating unit or units is-„ Created by Lessee. Lessor agrees *Seem and shall receive out of the gaa,pr'oifuction from each such unit such,*Onion of the gas royalty as the nunllie:irs'oi acres out of this lease placed ,,1B-; Stich unit bears to the total number,•ot:acres included in such unit. The corismence- ment or completion of a welLN4 the continued operation or production of gas from an existing well, —or ';any portion of an operating unit--:sliall be construed and considered as 'i 4:e commencement or completion of S' Well, or the continued operation of; lir production of gas from, a well o � `vend: and all of the lands within and prising such operating unit: provided: that the provisions of this pars rS4 i shall not affect the payment orCtiOndp• ayment. of delay rentals with resin'to portions of this premises not induced in a unit, but this lease as ip such portions of this premises not= iAcluds in a unit. shall be deemed to ' \p` separate lease. In the event portions' of the above described lands ati `ihMuded In several units. each port4b . -so Included shall constitute a sepat�tl lease. and the particular owner or•dwners of the lands under each separate tease shall be soles, entitled to\the benefits of and be subject to the obi ations of lessor under each separate -lease. Lessee shall execute in writing and record in the conveyance records/of the county in which the land herein leased is situated an instrument/Identifying and describing the consolidated acreage. 17. This lease;=}ad• all its terms, conditions, and stlpatstjons shall extend to and be IN R►ITM S 1HERZOF we sign the day and ye r tsat above written. France E. Schneider, a mat' a Trl:ari dt tJanc in hi3 sole and beparatc ie rt c3 (SEAL) (SEAL, (SEAL' ISEAL)�� successors of said lessor and le31ier-4 ; 021: , • - ct (SEAL) eirer, r . , a married man dealing in Is, sole and . tSEAL) ratproperty .c'i e P e p p ID iSEALit� c444) le J. ' eider, a married dealin his sole and separ proper a STA F COLORADO OF • BEFORE ME. the unded. a Notary Public, in and day of May 1 Oklahoma, K v¢,` New Mexico, Wyoming, %Aebraska, North Dakota, CKNOWLEDGMENT — id County and State. on . 19.70 , personal ' geared..._ E. Schneider, CN' the n and foregoing instrument a,. luntary act and, did for tlte� �j IN WITNES&}W v My Commission Exile STATE 69k Y•= f3--4 r • 154'169 © ha, Colorado, Utah, Dakota • IDUAL 12%' ..nn 1 e...�.... der- , to me kin vu4t'o be the identical persons \ e'scribed in and who execut riling and acknowledged t that they duly exec e same as their and purposes therein set �V �V ereunto set my hata d affixed my no i , seal C • ay a ear st above 73 COUNTY_._hti'��, BEFO ME; 'tliE undersigned. a Nota day c3 Oklahoma, Kansas, New Mc o, Wyoming, Montana, Col Nebra rth Dakota, South Dakota ACKNO DGMENT — INDIVIDU Public, in and for said Coy and State. on this , personally appeared._% O me known to be the identi the within and foregoizitrument of writing and ac and voluntary act and deed for the uses and purposes t1 IN WITNE. My Commissi Stat r WHEREOF. I have hereun pins dged to me that ein set forth. Nota •' •lic. 41s, Utah, rson , described in and gc3. executed y executed the same asfree my hand and affixed my o.a�'iai seal the day andyear 14 bove written. } % of On this appeared me duly sworn, did say tion and that instrument was signed an my hand and seal this a� I of • Notary Public. ACKNOWLEDGMENT by Corporation) ,,.?b O`-' O v A. D. 19 , • before m isonally aN to me personally knownbeing by add that the seal affixed to. ii#' instrument is the corporat ed in behalf of said con by authority of its Boa @2cknowledged said instrum nt be the free act and deed f id corporation. da , a� l and duly recorded in S of said corpora - Directors, and said , A. D. 19 Notary Pub at- CHANGE OF ZONE (COZ) PLANNING QUESTIONNAIRE Answer the following questions per Section 23-2-50 of the Weld County Code. Please type on a separate sheet. If a question does not pertain to your proposal, please respond with an explanation — do not leave questions blank. 1. Describe the purpose of the proposed Change of Zone. Response: Change to zone to allow use of existing building which has been used for years as a commercial building. 2. Describe the current and previous use of the land. Response: The land is vacant, and currently the building is not in use; previously the building was used for a construction roll -off business. 3. Describe the proximity of the proposed use to residences. Response: To the north rural residences and farmland are adjacent, to the south Adams County Todd Creek Meadows Subdivision is 2,400 ft from the Walker property, to the west four (4) rural residences are adjacent, and to the east a rural residence is 700 ft from the Walker property. 4. Explain how the proposed rezoning will correct what the applicant perceives as faulty zoning, or how the proposed rezoning will fit with what the applicant perceives as the changing conditions in the area. Response: The proposed rezoning is consistent with the adjacent parcel to the east recently rezoned to C -a The adjacent parcel to the west is currently a construction business with ZPAG20-0023, and most of the parcel is within the Weld County Opportunity zone, see figure below. 5. Explain how the uses allowed by the proposed rezoning will be compatible with the surrounding land uses. Include a description of existing land uses for all properties adjacent to the subject property. Response: C-3 uses allowed includes commercial storage buildings, Contractor's shops, landscaping companies, outdoor storage facilities, retail/service establishments that will provide services to the surrounding neighborhoods. The existing land uses are to the north vacant farmland, to the south Adams County residential developments, to the east vacant land zoned C-3, and to the west farmland and rural residences, including one parcel with a ZPAG2020-0023 for construction business. 6. Does the soil report indicate the existence of moderate or severe soil limitations? If so, detail the methods to be employed to mitigate the limitations for the uses proposed. Response: According to the USDA soils report, the parcel has no soil limitations (Enclosed Report). 13 7. Explain how this proposal is consistent with the Weld County Comprehensive Plan per Chapter 22 of the Weld County Code. Response: The proposed C-3 zone is consistent with the Weld County Comprehensive Plan as shown in the figure below. The proposed use is according to the C-3 allowed uses. 1 E NAT GAS i Olt & GAS SU USR19 0019 USR.1077 tGAS LINE 24- NATURACFGAS UMR-13I6PV LANDSCAPING BUS. USR18-012b - I ,CONTRACTOR SHOP _ USR1 10032__ , "1.i ."-:;*\„ >12 INCH 111t,H PKLSSUWI NAI (,AS ma- rSU' F101 S ENNEI it MI i • USR-1396. GAS LINE 2C NATURAL GAS USR21;0017 O0. a GAS"SERV CE'/ SUPPo i Zr c, 610 0021 PPORT/SERVICE FAQ 4MUSR22-87-778 • Ot a GAS SUPPORTf/ SERVICE MUSR12 13 'AINEAL ittsbURCE4SUPPORT FAC. a 4fcR v USR17-0067 sits STORAGE FACILItY Legend Parcels ZPAG • Zoning Permit for AG SPR • Site Plan Review USR • Use by Special Review Weld County Opportunity Zont Development Classification Annexabon Urban Urban NonUrban N.a 8. Explain how this proposal will be compatible with future development of the surrounding area or adopted master plans of affected municipalities. Response: 1 he proposal is outside of the City of Fort Lupton IGA, and the Three Mile Plan, as shown in the figure below. CHANGE OF ZONE (COZ) DEVELOPMENT REVIEW QUESTIONNAIRE Answer the following questions per Section 8-11-40, Appendix 8-Q, and Section 8-14-10 of the Weld County Code. Please type on a separate sheet. If a question does not pertain to your proposal, please respond with an explanation — do not leave questions blank. 1. Describe the access location and applicable use types (i.e., agricultural, residential, commercial/industrial, and/or oil and gas) of all existing and proposed accesses to the parcel. Include the approximate distance each access is (or will be if proposed) from an intersecting county road. State that no existing access is present or that no new access is proposed, if applicable. Response: Current access to the parcel is from County Road 2, and it is 1,957 ft from the CR 2 and CR 19 intersection. This access is shared with lot A of RECX 16-0076 within an existing access easement. The access permits for these are AP18-00146(8246 CR 2), and AP21-00852 (8625 & 8629 CR 2). No new access is proposed. 2. Describe any anticipated change(s) to an existing access, if applicable. Response: No changes are proposed to the existing access. 3. Describe in detail any existing or proposed access gate including its location. Response: Existing gate is located 100 ft from County Road 2 edge of asphalt, no changes are proposed see figure below a wca.wa NC•Ol la Lra:N Cs. L VIM Vll.'t VLSI w .0 [• I {JIcj• vac ft. alit Mr c• k0[NG 't oa ,jr •. 30.0311113,sa sra•w 2I•UwI CS tl I.XT m Sal • ratline- .. 4 ••r --as.= se-su • carat Io, aq•Natot•a msommteseall• taa la 0 teo Ito RU. ICAlas I• a 'or 1141 *CAD 1• w 7W 1 M t . • • I t [- I[K CI � %Pea • 4 Yp ...•t _wd Vamp \ \ \ 1 i t e •4 .w..*T \\ \\ 1 t. kit \ \ Lae •••••••1111 \ •.`aI s •I I M1 It;�non Irt 1-1"nte$ arrant "nit Rj \ I r • nay% 34 2 114.113.3320.11 • wlraRNtcnitt 111 s 441 #1 f Et Mt[[IC .t4 IF .'a1R' • •DJT ACTS? far2C fil leat•ggo/O Itixt VIM a at•10Nnaa1 \ b an ••••&00`a' .Rai ♦II _ \\\ a a.ano ,_ • \ \ • I . F It no J I _ V t1c POWS ••• 1T' •I11 SE4WID ( DMA 'TABLE (C3) ►ItOatrl7VW au sacra: ACA .-ta :,x a Itc\•1.•r C.33C.3341J.tC 11 U.•I..e(ytlI .C ZT0R.ActE DATA'Aht co.TINC:J1 IC.ar.4 TOTA& r. r•.a % . 13th V Lotle 61230•031t. a•1• -Y••[ •a90 00.64 at •64. r.•.�..t U R —, t N aO1 Pealm tuaeaa•! aaa• c -a \ s-tUlWOWs WO • A. raft SO taaal.lttaft r•. Ilk s -Rill••-. • \ \ Mr A t•CV 4 • _ .1618•;4 �-� tenWes a LQt Urnruns w tyafi °t•` �e .... a KSIw:.' fa1a pat Stir rata 00 1 Onnfe a» SAt r - f s- ✓c$ "— tun .••••,• O(O' CA'Ca SAS DARAEVG DATA TABLE &Ty .Dy oc •.4.130+3 r♦„KNO RESJlIE%EY' a0••• .: IPOO.CI..'af} eat V• ae Y..:lr.:•i.: .. w�<.aw1�.^oY.'w.tt .-. • •ay.�elari c»u� 10••••••••••03 014. I .t a• •1VG.::. -•... . • . 4. • fact L cs,.:1-.: :-4 : • a rt.:VS.,I yVA•__Y••s . 1'h.1 aiY.I .._r_I�_�yr• 1 X £(' a iuri c. t i•T r.•ll[• (Malls I're_...l •L. Vi )4;01.. r mar ••••••• cols: tatSaar•t aoa w1 ira. INK .• CAMS a.rwl MOSS • waa a SP a.6a -1 4 - c I oq ..I V. I I -t ' I tq.:Fe•.• E �a [ ."..'yo . 'al J: I loKilmIai I Qt, sx: t +•r( alt I I I i 1.., 11 te a•� ASK AD 1/asrf000n • • tl . cI IAa.. I .� 1,1:•: "f C • I c AI.' .t -t. lrA t at• c CI I •i rtlt • f T ]•-O••CIX• a: tt :ONhs IA* Mt El _ I _S—. _L- r A i- 0.0 uet4Ti 1aa1s%t •-a• %4 :Hari . e • O •t MQ1 Ntl 1E -as _ ugaVraaQM >•/ 00WIR ttlUOaaS I T air Mal I _••C • Q It r 1 rnoaS crap. •a CP. aas t.r— —!- _-•--- -T S rt t -C Access detail 17 4. Describe the location of all existing accesses on adjacent parcels and on parcels located on the opposite side of the road. Include the approximate distance each access is from an intersecting county road Response: The distance to County Road 2 and County Road 19 intersection is 1,957 ft approximately. See figure below. ) a1 SAO :Moron cio Pioneer Waist PIp.Si%Wws a Ker►daN'Jason A318-00749 Sets do Northern EnQnsflg Tim Selz 3.000 ft See figure below showing the opposite side of the road accesses. 5. Describe any difficulties seeing oncoming traffic from an existing access and any anticipated difficulties seeing oncoming traffic from a proposed access. Response: There are no vertical curves that can make a difficult seeing oncoming traffic. 6. Describe any horizontal curve (using terms like mild curve, sharp curve, reverse curve, etc.) in the vicinity of an existing or proposed access. Response: There are no horizontal curves in the vicinity of the existing accesses and proposed. 7. Describe the topography (using terms like flat, slight hills, steep hills, etc.) of the road in the vicinity of an existing or proposed access. Response: The topography in the vicinity of the existing accesses from County Road 2 is slightly flat. CHANGE OF ZONE (COZ) ENVIRONMENTAL HEALTH QUESTIONNAIRE Answer the following questions per the Weld County Code, Chapters 14, 23 and 30. Please type on a separate sheet. If a question does not pertain to your proposal, please respond with an explanation — do not leave questions blank. 1. Discuss the existing and proposed potable water source. If utilizing a drinking water well, include either the well permit or well permit application that was submitted to the State Division of Water Resources. If utilizing a public water tap, include a will serve letter from the Water District, a tap or meter number, or a copy of the water bill. Response: A will serve letter from Todd Creek Village Metropolitan Water District is enclosed 2. Discuss the existing and proposed sewage disposal system is on the property. If utilizing an existing on -site wastewater treatment system (OWTS), provide the OWTS permit number. If there is no permit due to the age of the existing system, apply for a permit through the Department of Public Health and Environment prior to submitting this application. If a new OWTS system will be installed, please state "a new on -site wastewater treatment system is proposed." Only propose portable toilets if the use is consistent with the Department of Public Health and Environment's portable toilet policy. Response: New OWTS is proposed. ENVIRONMENTAL HEALTH CONTACT LIST Environmental Planner: Lauren LightIlight@weld.gov(970) 400-2211 On -site Wastewater Treatment Systems Coordinator: Katie Sall ksall@weld.gov(970) 400-2216 April 29, 2024 Western Engineering Consultants, Inc. LLC 127 South Denver Avenue Fort Lupton, Colorado 80621 Attn: Mr. Chadwin Cox (chadwin.cox@westerneci.com) Re: Geologic Hazards and Mineral Resources Evaluation 8621 County Road 2 (Weld County Parcel #146933400042) Weld County, Colorado EEC Project No. 1242025 Mr. Cox: EARTH ENGINEERING CONSULTANTS, LLC As requested, Earth Engineering Consultants, LLC (EEC) personnel have completed the geologic hazards and mineral resources evaluation you requested for the referenced property. Our evaluation was carried out by reviewing readily available data concerning soil and groundwater conditions for the site, principally through review of United States Geological Survey (USGS), Colorado Geological Survey (CGS), and United States Department of Agriculture Natural Resources Conservation Service (MRCS) published information and a site visit on April 17, 2024. A listing of the references reviewed as a part of this evaluation is included with this report. The referenced property is located in the West 1/2 of the Southeast 1/4 of Section 33, T1N, R67W of the 6th Principal Meridian, generally north of CR 2 between CR 17 and CR 19, in Weld County, Colorado. The development property is approximately 70 acres and is planned for mixed -use commercial or retail lots. A diagram indicating the approximate location of the development is included with this report (Figure 1). The purpose of this evaluation is to identify potential geologic hazards and mineral resources which may conflict with the proposed development. The information presented in this report is based upon acquired field observation, review of the available literature, and previous experience with similar geologic conditions in this area. Physical explorations (i.e., test borings, test pits, etc.) to characterize subsurface conditions were outside of the scope of this evaluation. 4396 GREENFIELD DRIVE WINDSOR, COLORADO 80550 (970) 545-3908 FAX (970) 663-0282 www.earth-en gineering.corn Earth Engineering Consultants, LLC EEC Project No. 1242025 April 29, 2024 Page 2 Based on our site review, the site can generally be described as follows. The site currently is occupied by a 6000 square -foot building in the northwest and some oil and gas structures, with a dirt access road running North -South through the middle of the site splitting west towards the building. The remaining portion of the site's ground surface is assumed to consist of topsoil, vegetation and animal burrows. The site varies in topography by approximately 30 to 40 feet with a gradual slope downward from south to north. Artificial hills, approximately 10 feet in height and comprised of man -placed filled, exist in the center and southwest portion of the site. A water well was observed on the publicly available Division of Water Resources map viewer (Resources, 2024). There are no observable surface water features present on the site. Literature Review Soil/Geologic Review The project site lies within the Colorado Piedmont Section of the Great Plains Physiographic Province. The sediments that compose the Colorado Piedmont were formed during the Laramide Orogeny wherein uplift of the present-day Rocky Mountains in Late Cretaceous -Eocene times (70- 30 million years ago) produced a large increase of stream sediments resulting in deposition of sediments on the flanks next to the mountain belt and outlying areas. The Colorado Piedmont is an elongated trough in the Great Plains, adjacent to the Front Range of the Southern Rocky Mountains. The Colorado Piedmont was formed when broad, anticlinal bowing uplifted the region between modern Kansas and Utah during Oligocene epoch, roughly 28 million years ago. This uplift caused an increase in fluvial erosional processes resulting in scouring next to the foothills and outlying areas and deposits to the East. The Piedmont is bordered by the Southern Rocky Mountains to the west, Great Plains escarpment to the northeast, and Palmer Divide to the south. Structurally, the site lies adjacent to the Denver Basin, a thick accumulation of Paleozoic and Mesozoic Era sediments involved with down -warping of the basin area and uplift of the adjacent highlands. Small anticlinal folds occur adjacent to the Front Range. According to the available soil mapping (Natural Resources Conservation Service, 2024), the near surface site soils appear to consist primarily of Nunn loam (Map Unit Symbol 40) with minor areas of Wiley -Colby complex, Ulm clay loam, and Weld loam (Map Unit Symbols 82, 67, and 79, respectively). These soils are considered eolium (Keller & Morgan, 2018) which is described as Earth Engineering Consultants, LLC EEC Project No. 1242025 April 29, 2024 Page 3 windblown deposits of sand, silt, and clay (Figure 3). The near surface soils are likely underlain by bedrock consisting of the Laramie Formation (Kl) followed by Fox Hills Sandstone (Kfh), and Pierre Shale (Kpt/Kpu), which consists of sandstone, mudstone, and claystone with local coal beds (Figure 4). Within this area, groundwater depths are suggested at depths greater than 80 inches below ground surface. It is also worth noting that the Lafayette Wrench Fault Zone runs southwest to northeast through the southern part of the site. This fault is deep-seated, from the upper cretaceous era (Figure 4) and has been thoroughly explored due it its oil and gas production potential (Higley, 2007) (Figure 6). Expansive/Collapsable Soil and Bedrock Potential Eolian soils can exhibit expansive and collapsible properties that can lead to volume change of the soil strata with variations in moisture content and load. Additionally, bedrock, typical of the underlying geologic formation are known to be expansive, sometimes highly expansive. An investigation to explore the subsurface conditions of the site will be necessary to determine if expansive or collapsible soils exist at this site. Landslide Potential Landslides as defined by CGS form on a preferential weakness zone causing a 'dry' mass of rock to slide downhill under the pull of gravity. Gradual slopes are present on this parcel and no zones of preferential weakness were observed during our site visit; therefore, it is our opinion that the risk from landslide to be negligible at this particular location under current conditions. Oil and Gas Potential A review of the Colorado Oil and Gas Conservation Commission (COGCC) database (Colorado Oil and Gas Conservation Commision, 2024) indicates the site is located within the Spindle Oil and Gas field; furthermore, oil/gas facilities and/or wells are present on the property (Figure 5 and 6). Based on the available information, it appears potential oil/gas resources could exist; thus, an evaluation by others would be needed to evaluate that possibility. Earth Engineering Consultants, LLC EEC Project No. 1242025 April 29, 2024 Page 4 Coal Mine Subsidence Potential The project site appears inside of the Wattenburg Field of the Denver Coal Region (Carroll, 2006) (Figure 7). A review of the available mapping was performed to locate nearby active and historical coal mining operations (Colorado Geological Survey, 2023 and S.B. Roberts). No coal mines were shown on or in the vicinity of the project site. Based on the available information, it appears potential coal resources could exist; however, an evaluation by others would be needed to evaluate that possibility. There does not appear to be risk of subsidence due to previous or existing mine operations. Radiation Review of the available information indicates that no deposits of radioactive minerals have been identified at the referenced property (Colorado Geological Survey, 2024). Although radioactive minerals were not identified, radon gas is known to be present along the Front Range in below grade, poorly ventilated spaces in contact with soil and bedrock. Typically, radon levels are measured within site buildings after a normal operating routine has been established. Mineral Resources Review of available mineral resource mapping indicates that no sources of critical minerals are inferred at this site (United States Geological Survey, 2024). Sand, Gravel, and Quarry Resources Review of available aggregate resource mapping (Figure 8) of the Colorado Front Range indicates no significant resources of sand and gravel exist below ground surface at the referenced property (Schwochow, Shroba, & Wicklein, 1974). CONCLUSION Based on our literature review and site visit, geologic hazards do not appear on the property, critical mineral resources are not inferred on the property, and mineral resources do not appear as an economic resource. Resources of oil, gas, and coal appear possible and could be further explored Earth Engineering Consultants, LLC EEC Project No. 1242025 April 29, 2024 Page 5 to determine if extraction of those resources are economically viable. In our opinion, geologic hazards would not likely preclude development of the site. Aside from the identified resources, the proposed development appears compatible with the observable geologic conditions at the site. A preliminary geotechnical investigation is recommended to characterize the subsurface conditions and provide recommendations for planning site development and design of site grading. A preliminary investigation may find subsurface geologic hazards not identified by this evaluation. Additional investigations will be required to provide design recommendations for building foundations and pavements after site development. The information included in this report was obtained to help determine the feasibility of this project. Professional opinions presented in this report are based on evaluation of technical information gathered, partly on our understanding of the characteristics of the development proposed, and partly on our experience with geologic conditions in the area. We do not guarantee the performance of the project in any respect, only a presentation of available information and opinion of potential hazards or resources that may conflict with the development. We appreciate the opportunity to be of service to you on this project. If you have any questions concerning this report, or if we can be of further service to you in any other way, please do not hesitate to contact us. Very truly yours, Earth Engineering Consultants, LLC r is,DC V ` ONN o.a.0000 •.•4*••;s S. O°: Oo Nsr- cc 63096 ent: rni O' •..41:7244APHinze'S 8/0 NA L Trace Krausse, P.E. `�;�;;-•�{'�' Senior Geotechnical Engineer Reviewed by: Ethan P. Wiechert, P.E. Senior Project Engineer Earth Engineering Consultants, LLC EEC Project No. 1242025 April 29, 2024 Page 6 References Carroll, C. (2006). MS -09 Coal Resources and Development Map of Colorado . Colorado Geological Survey. Colorado Geological Survey. (2024). ON -B -40M Radioactive Mineral Occurances of Colorado. Retrieved from https://cologeosurvey.maps.arcgis.com Colorado Oil and Gas Conservation Commision. (2024). COGCC GISOnline. Retrieved from https://cogccmap.state.co.us/cogcc_gis_online/ Higley, D. K. (2007). Oil and Gas Exploration and Development along the Front Range in the Denver Basin of Colorado, Nebraska, and Wyoming. U.S. Department of the Interior and USGS. Keller, S., & Morgan, M. (2018). Geologic Map of the Frederick Quadrangle, Weld and Broomfield Counties, Colorado. Colorado Geological Survey. Resources, C. D. (2024, April 29). Retrieved from DWR Well Permit Research: https://maps. dnrgis. state.co.us/dwr/Index.html?viewer=dwrwellpermit S.B. Roberts, J. H. (n.d.). Maps Showing the Extent of Mining, Locations of Mine Shafts, Adits, Air Shafts and Bedrock Faults and Thickness of Overburden Above Abandoned Coal Mines in the Boulder- Weld Coal Field. Colorado Geologic Society. Schwochow, S. D., Shroba, R. R., & Wicklein, P. C. (1974). Atlas of Sand, Gravel, and Quarry Aggregate Resources Colorado Front Range Counties, Special Publication 5-B. Denver, Colorado: Colorado Geological Survey Department of Natural Resources. United States Geological Survey. (2024). Mineral Resources Data System. Figure 1: 8621 CR 2 - Site Location Weld County, Colorado EEC Project #: 1242025 Date: April 2024 Map Unit Legend Map Unit Symbol Map Unit Name Acres in AOI Percent of AOI 40 Nunn loam, 1 to 3 percent slopes 64.6 84.4% fi7 Ulm clay loam, 3 to 5 percent slopes 0.7 0.9% 79 Weld loam, 1 to 3 percent slopes 0.2 0.2% 82 Wiley -Colby complex, 1 to 3 percent slopes 4.7 6.2% 85 Water 6.0 7.8% Subtotals for Soil Survey Area 76.1 99.4% Totals for Area of Interest 76.5 100.0% (Natural Resources Conservation Service, 2024) Figure 2: 8621 CR 2 - NRCS Soil Survey Map Weld County, Colorado EEC Project #: 1242025 Date: April 2024 North Not to Scale EARTH ENGINEERING CONSULTANTS, LLC • _t. • • r F •sue `.. S ~ • r Y • • • Ja f r e r',ritalt Peseruoir �nther12 • Project Site tifrFAXETT WRE t i l ■ f 3 3 ear" -•••••-•r Qe ��I r Q r • * f a 6 N Qe of Eolium: Windblown clay, silt, and sand. Artificial fill (Keller, 2018) Figure 3: 8621 CR 2 - Geologic Map Weld County, Colorado EEC Project #: 1242025 Date: April 2024 North Not to Scole EARTH ENGINEERING CONSULTANTS, LLC B' S ELEV IN FEET 5000 4000 3000 2000 1000 Sea Level -1000 -2000 -4000 North Not to Scale D+tyarlhart #1 Jacobucci Jacobnoci. Howard Jean #1 #33-32 #25-32 Howard #2 l.� Howard #39-29 UPRR 43 Pan Am w ERN -USX Zarlengo #31-29 (1-67)42 KI OP a SUREW IAL DEPOSITS NOT SHD, A I T 7 ■ tCfh/le, OV p u Kplr• Kprn Kph Kpi Kn Kr— I T A I-L.AL,AYE TTE WRENCH FAULT ZONE —I a (Keller, 2018) Figure 4: 8621 CR 2 - Geologic Cross Section Weld County, Colorado EEC Project #: 1242025 Date: April 2024 P a. Kd OMR EARTH ENGINEERING CONSULTANTS, LLC Figure 5: 8621 CR 2 - Map of Oil and Gas Wells / Fields Weld County, Colorado EEC Project #: 1242025 Date: April 2024 EARTH ENGINEERING CONSULTANTS, LLC IU4 I UtP" .iU 40°30' — 40°15' • Project Site 40000' EXPLANATION fl 0-50 7 50-100 n 100-150 fl 150-200 ■ 200-250 fl 250-300 fl 300-350 ■ 350-400 / J R6/ W Spindle N I R66W 0 5 4 R65W R64W 10 7 1 8 10 MILES I I I 15 KILOMETERS R 63W TON T5N T4N T3N T2N T1 N T1S Figure 13A—H(above and following pages). Plots show oil and gas production characteristics of Niobrara/Codell production from the Wattenberg field (Petroleum Information production data through 1997, modified from Cox, 1998). Production values were determined from wells that were aggregated by township across the field; this spacing results in the angular character of lines. Areas of the Wat- tenberg, Hambert, and Aristocrat fields are outlined in blue; Spindle field is outlined in green. City boundaries and the Lafayette (La. WFZ), Longmont (Lo. WFZ), and Johnstown (J. WFZ) wrench faults are shown in brown. Color -fill contour values are labeled at the top of the figures. (A) Initial rate of gas production (MCFG day/well), (B) 20 -year cumulative gas at production (MMCF/well), (C) initial rate of oil production (BO day/well), (8) 20 -year cumulative oil production (MBO/well), (E) initial GOR (scf/bbl), (F) GOR at 20 years (scf/ bbl), (6) cumulative gas (MMCF/township), and (y) cumulative oil (MBO/township). MCFG, thousand cubic feet of gas; MMCFG, million cubic feet of gas; BO day/well, barrels of oil; MBO, thousand barrels of oil; GOR, gas -to -oil ratio; scf/bbl, standard cubic feet of gas per barrel of oil. Figure 6: 8621 CR 2 - Oil Production Map Weld County, Colorado EEC Project #: 1242025 Date: April 2024 North Not to Scale EARTH ENGINEERING CONSULTANTS, LLC ID a. -4,-_ » Y s ': k ai 06a� t 4 6 0. A' 1 f 4 w . 5 i a i s #ill: a e a !• iF {. ita • i { it . a • it • 1 ! • i • qi 4 * c $ i a is * a .4 I •• 1 * 41 is a * mai 41 a le 'IF •. 4 * * 0 •M a i' * $ M4 i s a aF d IP it s i 0 s die . i if ill i ti A 4 4 i a 9 i h1 • i * • r • 6�! : ■ u * I 0u. • *a is a A _ _a t-,_. (Carroll, 2006) Figure 7: 8621 CR 2 - Coal Map Weld County, Colorado EEC Project #: 1242025 Date: April 2024 North Not to Scale EARTH ENGINEERING CONSULTANTS, LLC pise est County Road 4 Fredeaa iS County Roa1 4 r re refl., Iva* E 167th Ave Eagle S� oItt Ave 152nd Or ;ry4,t,h 11 E 16i1k"P' 4. r'A u a a Ui CL O C - Project Site 5128 ft n> n 5228 ft r= Signal Reservoir No 2 WELD County Ro ad 19 ADAM S Eastlake 16; Ell 60th"Aue _r`-,' < f 1• v�r E 160th l?\ E 163rd PI C 1 c r,) O F 16 1st I); E -161st a.v C A Fort Lupton LD lvi Sign: I Diitcih. r --- 'Hit-alnd•Ac -es— I 1n9thAve Brighton E 4/29/2024, 12:08:11 PM State_Land_Board_MineralOwiership - — approximate (dashed) contact State. Border DOLA 24K_Quadrangle_Bou ndaries_CGS Other Quad Bourdaries �--� 1974 StudyArea OLadrangle BoLndary County_ Baundaries_DOLA Other U-i Mapped Boundaries definite contact, known/observed (solid) nferred, buried (dotted) contact North Not to Scale neatline (used for delineation of resource area; that end at a county boundary) unattributed line, used for clarification of textual notes Lan dform_Unit Classifiaatio1 A- alluvial fan E - eolian sand (wind deposited) F -floodplain deposit M - man-made deposits (slat, tailings, spoils, etc.; 0 - other, includes conglomerates H - potential quarry aggregate resource T stream terrace deposit U - upland deposits ✓ - valley fill (floodplain and/or terrace deposits) Z - not mapped Histcric_Quarry_3rill_Hole_aid_Samp e_Locations drill hole • other (io data available) quarry sample site sand/gravel pit (Schwochow, Shroba, & Wicklein, 1974) 0 I 0 1:18,056 0.15 0.3 1 !t 0.25 0.5 0.6 mi I 1 1 km Bureau of Land Management, Esri, HERE, Garmin, INCREMENT P, USGS, METI/NASA, EPA, USDA, Schwochow, S.D., Shroba, R.R., and Wiicklein, P.G., 1974, Sand, Gravel, and Quarry Aggregate Resources, Colorado Front Range Counties, Colorado Geological Survey, Figure 8: 8621 CR 2 -Aggregate Resources Map Weld County, Colorado EEC Project #: 1242025 Date: April 2024 EARTH ENGINEERING CONSULTANTS, LLC HE OLD _) CREEK 7 I L LAIC E 10450 E 159th Court Phone: (303) 637-0344 Brighton, CO 80602 Fax: (303)637-0423 August 30, 2024 RE: Conditional Will -Serve for Parcel Id# 146933400042 Owner: WW, LLC 9996 Rosemont Ave. #103 Lone Tree, Co 80124 Ralph Walker, You are the owner's representative of Parcel Id# 146933400042 (the "Owner") and are seeking application for a change in zoning in Weld County, Colorado. The Property is generally located north of WCR 2, south of WCR 4 and between WCR 17 and WCR 19 in Weld County, Colorado AKA 8621 WCR 2, Brighton Co (the "Property"). The Property is located within the service area of Todd Creek Village Metropolitan District ("TCVMD" or the "District"). It is the understanding of TCVMD that the Owner may develop certain sites within the Property (the "Site") and seek Service (as defined below) to the Site. Therefore, the Site is the subject of this Conditional Will -Serve Letter from TCVMD. TCVMD is willing and able to provide potable and non -potable water service and sanitary sewer service to the Site (the "Service") for either residential or commercial uses subject to the following conditions, which shall be conditions precedent to any obligation on the part of TCVMD to provide such Service: 1. The Owner shall pay TCVMD's then current water and sewer tap fees and all other applicable fees, rates, tolls and charges imposed pursuant to TCVMD's then current Rules and Regulations, as may be amended from time -to -time. 2. The Owner shall dedicate all groundwater rights to the District as outlined in TCVMD's Rules & Regulations at such time the District requires. 3. The Owner shall design, construct, acquire easements and install any and all infrastructure required or deemed necessary by TCVMD to provide Service to the Site (including but not limited to: service taps, service lines, mainlines or any other improvements and facilities required, including any permits or improvements required by Weld County or Adams County). The Owner shall design all such Owner -installed infrastructure according TCVMD's design standards and in accordance with TCVMD's Rules and Regulations, in place at such time as the design is completed. The Owner shall reimburse TCVMD for any and all costs the District incurs related to its review of the infrastructure design, construction and installation, including reimbursement of its engineering, legal and other consultant fees. 4. The Owner will be required to pay a pro -rata share for any off -site capital improvements deemed necessary by TCVMD to provide Service to the Site including, but not limited to, water storage tanks, pipelines(sewer and/or water), reservoir improvements, pumps, water treatment plant or upgrades needed to any other District infrastructure. 5. TCVMD will provide the Owner with non -monetary assistance in the acquisition of easements necessary to provide for offsite infrastructure to allow TCVMD to provide Service to the Site. In addition, TCVMD will provide the terms of, and administer, reimbursement or cost recovery agreements related to the installation or upsizing of offsite facilities or infrastructure designed and constructed by the Owner benefiting future development receiving service from TVCMD. The standard life span of such reimbursement agreements is fifteen years. 6. The Service will be provided to the Site, subject to and conditioned upon, compliance with the District's policies and Rules and Regulations as may be amended from time -to -time and the payment of all applicable fees, rates, tolls and charges imposed thereunder. This commitment shall run only to the Site and shall not be transferrable or assignable in any manner whatsoever. This Conditional Will -Serve Letter shall not be effective until the Owner executes a Tap Purchase Agreement with TCVMD indicating the Owner's willingness to be bound by the terms set forth therein. If as the Owner's representative, there are any follow-up questions or concerns, please do not hesitate to contact me. Todd Creek Village Metropolitan District Don Summers General Manager, Todd Creek Village Metropolitan District cc: Blair Dickhoner, District Counsel Todd Creek Village Metropolitan District - Board of Directors 4111.* TODD CREEK f iL L L A C E 10450 E 159th Ct. Brighton, Co. 80602 Phone: 303-637-0344 Fax: 303-637-0423 www. to ridcreekvilicrge. org December 1, 2017 WW, LLC Julie Walker Coleman 9896 Rosemont Avenue, #103 Lone Tree. CO 80124 Conditional Will Serve Letter for Parcel Number 146Q3 3400042 Weld County, Colorado — Owner: WW, LLC Property address: 8621 CR 2, Brighton Co Dear Ms. Coleman: You are the owner's representative of Parcel Number 146933400042 Weld County, Colorado (the "Property") located on the North side of WCR 2 and West side of WCR 19 in Weld County, Colorado. The Property is located within the service area of Todd Creek Village Metropolitan District ("TCVMD"). It is the understanding of TCVMD that you intend to sub -divide and develop for multiple end uses (the "Site") on the Property. Therefore, this site -is the subject of this conditional will serve letter from TCVMD. TCVMD is willing to provide potable and non -potable water service ("Service") to the Property subject to the following conditions, which shall be conditions precedent to any obligation on the part of TCVMD to provide service: 1. You shall pay TCVMD's then current water tap fees and all other fees, rates, tolls and charges imposed pursuant to TCVMD's then current rules and regulations. 2. You shall design, construct, acquire easements and install any and all infrastructure required or deemed necessary by TCVMD to provide Service to your Property (including but not limited to: service taps, service lines, mainlines or any other improvements and facilities required, including any permits or improvements required by Weld County for work within County R.D.W.). You shall design all such infrastructure according TCVMD's design standards and in accordance with TCVMD's rules and regulations. Further, you shall reimburse TCVMD for any and all costs it incurs related to its review of the infrastructure design, construction and installation, including reimbursement of its engineers and consultants. 3. You understand and agree that TCVMD will not provide sewer services to the Property via this agreement; rather, only potable and non -potable water services will be provided by TCVMD. A separate sewer agreement will be required if sewer service is requested. 4. You shall enter into a written tap purchase agreement reaffirming your willingness to be bound by, among other terms. those set forth in this will serve letter. TODD CREEK VILLAGE 10450 F' 159th Ct. Brighton, Co. 80602 Phone: 303•6y7 -0x'44 Fox: 303-637-0423 www.tothicreekvilloge.org TCVMD will provide you with non -monetary assistance in your acquisition of easements necessary to provide for offsite infrastructure to allow TCVMD to provide Service to the Property In addition, TCVMD will provide the terms of, and administer, reimbursement or cost recovery agreements related to the installation or upsizing of offsite facilities or infrastructure designed and constructed by you benefiting future development receiving Service from TVCMD The standard life span of such reimbursement agreements is ten years. Potable and non -potable water service Nvill be provided to the Site subject to and conditioned upon the terms of the TCVMD's rules and regulations as they may be amended from time to time and the payment of all fees, rates and charges imposed thereunder. This commitment shall run only to the Site and shall not be transferrable or assignable in any manner whatsoever. This conditional will serve commitment shall not be effective until you enter into a tap purchase agreement with TCVMD indicating your willingness to be bound by the terms set forth herein. If you have any follow-up questions or concerns, please do not hesitate to contact me. Very truly yours, Todd Creek Village Metropoliitan District ideal i l) aer cos c__Olie." Don Summers Secretary, Board of Directors cc: Blair Dickhoner, District Counsel Todd Creek Village Metropolitan District - Board of Directors WESTERW ENGINEERiNG CONSULTANTS, 127 S Denver Ave. Fort Lupton, CO 80621 2501 Mill Street, Brush, CO 80 723 Office: 720-685-9951 Cell. 303-913-7341, Fax 720-294-1330 Email: chadwin. cox yyvesterneci. com Inc LW 11- Names and addresses of any owner, operator of any oil and gas facilities, irrigation ditches/laterals, pipelines, overhead lines, railroad, etc. on the property, if applicable Ker-McGee Oil & Gas Onshore LP Attention: Land Manager/ Wattenberg Address: 1099 18th Street, Suite 1500 Denver, CO 80202 K.P. Kauffman Company, Inc. (KPK) 1675 Broadway, Suite 2800 Denver, CO 80202 Mountain View Water Users Association PO Box. 485 Brighton, CO, 80601 Panhandle Eastern Pipe Line Company LP PO Box 127 Brighton, CO, 80601 Weld County Treasurer Statement of Taxes Due Account Number R8946720 Legal Description PT SE4 33-1-67 LOT B REC EXEMPT RECX l 6-0076 Parcel 146933400042 Situs Address 8621 COUNTY ROAD 2 WELD Account: R8946720 WW LLC 9457 S UNIVERSITY BLVD APT 401 HIGHLANDS RANCH, CO 80126-4976 Year 2022 Charges Tax Grand Total Due as of 01/02/2024 Tax Billed at 2022 Rates for Tax Area 2504 - 2504 Authority WELD COUNTY SCHOOL DIST RE8 GREATER BRIGHTON FIRE AIMS JUNIOR COLLEGE HIGH PLAINS LIBRARY Taxes B i I led 2022 * Credit Levy 2023 taxes payable in 2024 are not certified. Taxes will reflect due Once we receive the tax roll. Mill Levy 15 0380000* 18 3360000 15 3200000 6 3070000 3 1810000 Billed $560 88 Payments $560 88 Amount Values $144 95 AG -GRAZING LAND $176 77 AG -WASTE LAND $147 69 OTHER BLDGS - $60 80 AGRICULTURAL $30 67 Total 58 1820000 $560 88 Actual $1,052 $107 $35,322 Balance $0 00 $0.00 Assessed $280 $30 $9,330 $36,481 $9,640 ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER OR TO ADVERTISING AND DISTRAINT WARRANT FEES CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY, REAL PROPERTY, AND MOBILE HOMES - AUGUST 1. TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIER'S CHECK. OrlCTP♦AA®lore AC PrIrnT Arat-%P-nTrr1 rla1 'I -Aleut I Irs a n a i r nrP.ra a.• n a .4 • e Weld County Treasurer's Office 1400 N 17th Avenue PO Box 458 Greeley, CO 80632 Phone: 970-400-3290 Pursuant to the Weld County Subdivision Ordinance, the attached Statement of Taxes Due issued by the Weld County Treasurer, are evidence of the status as of this date of all property taxes, special assessments, and prior tax liens attached to this account. Signed: Current year's taxes are due but not delinquent. Date: Hello