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Home My WebLink About20252990.tiffCHANGE 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? No / v Yes Violation Case Number: ZCV21-00188 Site Address: 2023 County Road 27, Fort Lupton, Colorado 80621 Parcel Numbers: 1 4 7 1 _ 1 9 _ 0 _ 0 0 0 2 0 Legal Description: 15920 PT SE4 19 1 66 BEG AT SE COR SEC 19 N260' W335' S260' E335' TO BEG (2A M/L) EXC UPI Section: 19 , Township N, Range 66 W # of Lots: Total Acreage: Floodplain: No / LJYes Geological Hazard: No / LI Yes Airport Overlay: No / LI Yes REZONING Existing Zone District(s): A (Agricultural) Proposed Zone District: 1-2 (Medium Industrial) PROPERTY OWNER(S) (Attach additional sheets if necessary.) Name: Harvey Houston Company: Bowtie Properties LLC Phone #: 303-227-1255 Email: harvey.houston@adugdd.comand natorious95@gmail.com Street Address: 2023 County Road 27 City/State/Zip Code: Fort Lupton, Colorado 80621 APPLICANT/AUTHORIZED AGENT (Authorization must be included if there is an Authorized Agent) Name: Nicole Nies, Esq. and Khrysanthe Meier, Esq. Company: Hoffman Nies Dave & Meyer LLP Phone : 303-860-7140 Ext 1025 Email: nnies@hn-colaw.com and kmeier@hn-colaw.com Street Address: 5350 South Roslyn Street, Suite 100 City/State/Zip Code: Greenwood Village, Colorado 80111 I (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 Authorized Agent signs, an Authorization Form signed by all fee owners must be included with the application. If the fee owner is a corporation, evidence must be included indicating the signatory has the legal authority to sign for the corporation. 12/16/2022 - 'Signaure Date Signature Date Khrysanthe Meier, Esq. Print Print I, We , Bowtie Properties LLC (Owner — please print) DEPARTMENTS OF PLANNING BUILDING, DEVELOPMENT REVIEW AND ENVIRONMENTAL HEALTH 1555 NORTH 17TH AVENUE GREELEY, CO 80631 AUTHORIZATION FORM permission to Hoffman Nies Dave & Meyer LLP �0 give (Authorized Agent/Applicant—please print) to apply for any Planning, Building, Access, Grading or OWTS permits on our behalf, for the property located at (address or parcel number) below: 2023 County Road 27, Fort Lupton, Colorado 80621 Legal Description: 15920 PT SE4 'l91 66 BEG AT SE of Section 19 , Townshi 1 N, Ran e66 VI! 9 P p Rang e66 Name: N/A Lot N/A Block N/A Property Owners Information: Address: 2023 County Road 27, Fort Lupton, Colorado 80621 Phone: 303-227-1255 E-mail: harvey.houston@adugdd.com and natorious95 a@gmail.com Authorized Agent/Applicant Contact Information: Address: 5350 South Roslyn Street, Suite 100, Greenwood Village, Colorado 80111 Phone: 303-860-7140 Ext 1025 E-mail: nn1es@hn-colaw.com and kmeier@hn-colaw.com Correspondence to be sent to: Owner 0 Authorized Agent/Applicant P I by: Mail 0 Email Additional Info: 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/I /6 • 1 - Owner Signature Date Subscribed and sworn to before me this 1/4L i1 day of scembil 20 ?Z by Par 4 HotAitOle\ My commission expires /1CiltL 2tint' 2024ire;tal ell Notary Public JACOB WIEGERT NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20224011748 My Commission Expires March 24, 2026 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. 2. Describe the current and previous use of the land. 3. Describe the proximity of the proposed use to residences. 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. 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. 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. 7. Explain how this proposal is consistent with the Weld County Comprehensive Plan per Chapter 22 of the Weld County Code. 8. Explain how this proposal will be compatible with future development of the surrounding area or adopted master plans of affected municipalities. 9. Explain how this proposal impacts the protection of the health, safety and welfare of the inhabitants of the neighborhood and the County. 10. Explain how this proposal complies with Article V and Article XI of Chapter 23 if the proposal is located within any Overlay Zoning District (Airport, Geologic Hazard, or Historic Townsites Overlay Districts) or a Special Flood Hazard Area identified by maps officially adopted by the County. CHANGE OF ZONE (COZ) PLANNING QUESTIONNAIRE 1. Describe the purpose of the proposed Change of Zone. The purpose of the Change of Zone is to properly zone the subject property for the use and operation of a directional drilling business, which includes vehicle storage and repair, pursuant to the Motion, Stipulation and Order dated September 21, 2022 (the "Order') between Bowtie Properties LLC, as the owner, and Weld County with respect. to Weld County Court Case Number 2022C34216. 2. Describe the current and previous use of the land. The land is currently used for the operation of a directional drilling business, which includes vehicle storage and repair. The land was previously used as a gas station and storage for semitrucks pursuant to the Nonconforming Use Permit NCU-00087 ("NCU Permit') and based on the current owner's information and belief 3. Describe the proximity of the proposed use to residences. There is a residential property directly north of the subject property, as shown on the Change of Zone Plat and owned by Cassie Wilkins. However, the subject property is located primarily in a growing industrial area with other like businesses located adjacent to the subject property and within the surrounding area. 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. The current zoning is agricultural (A). Me proposed rezoning to industrial (1-2 Medium Industrial) will correct the current violations identified by the Weld County Zoning Compliance Division pursuant to Case Number ZCV21-00188 and pursuant to the Order. Such change in zoning will address the current directional drilling business, including vehicle storage and repair, and will also conform with the zoning of neighboring businesses in the area, as further described 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. The current uses allowed by the proposed rezoning are compatible with the surrounding land uses because several industrial type businesses are located adjacent to the subject property, including, but not limited to, a landscaping business, an electric contractor 's business, a sand and gravel business, a stone masonry businesses, and oil well. companies (including Haliburton). Additionally, gravel pits are located near the subject property and are also used for local business in the area. 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. The soil report does not indicate the existence of moderate or severe soil. limitations. The soil report provides that the soil is comprised of 90% Altvan and similar soils and 10% minor components. 7. Explain how this proposal is consistent with the Weld County Comprehensive Plan per Chapter 22 of the Weld County Code. This proposal is consistent with Chapter 22 of the Weld County Comprehensive Plan (the "Comprehensive Plan') and furthers the goals of the Comprehensive Plan and does not inhibit agricultural production or operations. Me rezoning of the subject property harmonizes the current use of the subject property with the prior use and the uses of the surrounding area. The rezoning of the subject property supports economic development and promotes small business and small business owners within the community. Additionally, the rezoning of the subject property does not impact the environmental or natural resource goals of Weld County, nor does the rezoning of the subject property impact recreation or tourism since the subject property and surrounding area have been used for industrial purposes since the 1920s. The Comprehensive Plan provides that the Comprehensive Plan Map is used to encourage rezoning. In this instance, the rezoning would conform with the surrounding area and remain consistent with the Comprehensive Plan. 8. Explain how this proposal will be compatible with future development of the surrounding area or adopted master plans of affected municipalities. This proposal is compatible with future development, as the area has transformed from agricultural to mixed use, with an increased number of industrial -type businesses occupying this area of Fort Lupton. 9. Explain how this proposal impacts the protection of the health, safety and welfare of the inhabitants of the neighborhood and the County. The change in zoning of the subject property will have minimal impact on the health, safety and welfare of the inhabitants of the neighborhood and Weld County because the current use of the property is similar to, and even less invasive than, the historical use of the subject property permitted by the NCU Permit. Further, the area consists of primarily industrial uses, and those currently with residential uses have not brought any issues or nuisances to the owner's attention. 10. Explain how this proposal complies with Article V and Article XI of Chapter 23 if the proposal is located within any Overlay Zoning District (Airport, Geologic Hazard, or Historic Townsites Overlay Districts) or a Special Flood Hazard Area identified by maps officially adopted by the County. As noted on the Change of Zone Survey Plat, the subject property is not located within a Special Flood Hazard Area nor are there geological hazards located on the subject property. MEMORANDUM uTELD TO: PRE21-0198; Case File, pre -application _c ou_ N T z; DATE: June 23, 2021 FROM: Kim Ogle, Planning Services SUBJECT: Pre -Application Meeting prior to submitting a Change of Zone from A (Agricultural) to the 1-2 (Medium Industrial) Zone District and a Site Plan Review for said uses Attendees: Harvey Houston, Applicant Natori Houston, Applicant Kim Ogle, Planning On Wednesday June 23, 2021 an informal discussion took place at the Greeley Administrative Offices Conference Room regarding a proposed Change of Zone and site Plan Review for a directional drilling company on a parcel of land described as part of the Southeast quarter of Section 19, T1 N, R66W of the 6th P.M.; Situs Address is 2023 County Road 23, Brighton, CO 80601. PIN: 1471-19-0-00-020 Background Information: Bowtie Properties LLC is the owner of record for the property that is utilized by Advanced Underground Inc., a directional drilling, utility installation, and excavating company. Horizontal Directional Drilling also known as trenchless technology, is utilized for residential utility installations, fiber optic lines and similar installations. There is a NCU (NCU-00087) on the property for Spain's Pump Service which included a Store and Gas Station. Existing improvements include a residence and a pole barn with extensive unscreened outdoor parking of company vehicles and equipment. The residence is utilized for office personnel only, and the pole barn is utilized for light maintenance of fleet vehicles (drills, vacuums trucks and company trucks) and open area equipment storage. Two points of ingress and egress are present, one access is the length of the east property line and is off of County Road 23 a Weld County maintained road and the second access is off of County Road 6 a City of Brighton annexed and maintained road. Water service is by Division of Water Resources well (DWR#161586) permitted for inside one single family dwelling, the watering of domestic animals and the irrigation of not more than 2500 square feet of home gardens and lawns. The annual amount of ground water to be withdrawn shall not exceed one (1) acre feet. Sanitary sewer is permitted under SP -1700340. Proposed hours of operation are Monday -Friday 6:00 AM to 5:00PM for up to twenty-five (25) field employees and 7:00 AM to 4:00PM for up to eight (8) office and on -site personnel) Fuel, chemicals, or explosives are not stored or staged on property. Trash is handled via two (2) 3CY dumpsters with lids. Property is fenced and gated to restrict access. Building Department Staff was unavailable; however please contact Tom Potter at 970-400-3518, tpotter@weldgov.com for questions and further direction. Building permits may be required, per Section 29-3-10 of the Weld County Code. Currently, the following have been adopted by Weld County: 2018 International Codes, 2018 International Energy Code, and 2020 National Electrical Code. A Building Permit Application must be completed and two (2) complete sets of engineered plans bearing the wet stamp of a Colorado registered architect or engineer must be submitted for review. A Geotechnical Engineering Report, performed by a Colorado registered engineer, shall be required or an Open Hole Inspection. Pre -Manufactured non-residential structures are required to comply with State of Colorado Regulations. All Commercial Building Permit Applications require a complete code analysis prepared by a Colorado registered design professional and shall be submitted with application package to Weld County. All new Commercial Building Projects require Fire District Notification (letter or email form). Proof shall be submitted with Commercial Permit applications. Final Fire District Approval is also required prior to issuing a Certificate of Occupancy and or closing a building permit. A change of use, or a change of occupancy, of any structure may require a building permit and a certificate of occupancy prior to occupying the building. Building department staff strongly recommends a pre -application submittal meeting for all commercial permits, and, or a pre -construction meeting with Building Department staff for an overview of permit requirements. Please call 970-400-6100 and ask for the Commercial Plans Examiner. Building permit Submittal Requirements can be found on the web -site link below: https://www.weldgov.com/departments/building/building permit/construction handouts more information/ Health Department Staff was unavailable; however please contact Lauren Light at 970-400-2211 for further direction. Waste handling: Waste materials shall be handled, stored, and disposed in a manner that controls blowing debris, and other potential nuisance conditions. The applicant shall operate in accordance with Chapter 14, Article 1 of the Weld County Code. Please answer the following if applicable; indicate if there will be washing of vehicles or equipment, fuel storage, maintenance of vehicles or equipment, floor drains in shop, air emissions permit. Onsite dust: Fugitive dust should attempt to be confined on the property. Uses on the property should comply with the Colorado Air Quality Commission's air quality regulations. Sewage disposal information: Include in application how sewage disposal will be accommodated. If using a septic system provide a copy of the septic permit. Either utilize the County website www.co.weld.co.us/maps/propertyportal/ or call (970-304-6415) or stop by Environmental Health front counter and request a copy. Potable water information: Include in application how potable water will be provided. Provide a will serve letter or water bill from the water district or provide a copy of well permit. Public Works County Road 23 is a paved road and is designated on the Weld County Road Classification Plan as a arterial road, which requires 140 -feet of right-of-way at full buildout. The applicant shall verify and delineate on the Change of Zone plat and Site Plan Review Map the future and existing right-of-way and the documents creating the existing right-of-way. If the existing right of way cannot be verified it shall be dedicated. All setbacks shall be measured from the edge of future right-of-way. This road is maintained by Weld County. CR 6 is owned and maintained by the City of Brighton. The municipality has jurisdiction over all accesses within their jurisdiction. Please contact municipality to verify the access permit or for any additional requirement that may be needed to obtain or upgrade the permit. Contact Holly Prather, Community Development Director hprather@brintonco.gov — 303.655.2059, or Jason Bradford, Planning Manager jradford@brightonco.gov 303.655.2024 for assistance. Physical Address is 500 South 4th Avenue, Bighton. The Colorado Department of Transportation (CDOT) has jurisdiction over all accesses to the state highways. Please contact Tim Bilobran or Ally Mattson at the Greeley office (970-350-2148 or 970-350-2163) to verify any additional requirements that may be needed. (State Highway 85) An Access Permit is required for access onto County Road 23. For new accesses and/or change of use of an existing access, the fee and photos are required (Access permit instructions and application can be found at http://www.co.weld.co.us/Departments/PublicWorks/Permits/Applications.html.) Chapter 6, Sections 6.3, 6.4 and 6.5 of the Weld County Engineering and Construction Criteria, offer access design guidance. (This document can be found at http://www.co.weld.co.us/Departments/PublicWorks/EngineeringandRightofWay/EngineeringCriteriaandPolici es.html) Existing access points with change of use or new access points may or may not be granted. Questions pertaining to access permits or access design shall be directed to the Public Works Department. Please contact the Development Review Team from Public Works to discuss the application permit requirements specifically for Traffic and Drainage application requirements. The Public Works Contact List is attached: Development Review (Engineering) o Mike McRoberts mmcroberts@weldgov.com 970-400-3798 o Zackery Roberson zroberson@weldgov.com 970-400-3773 o Melissa King mking@weldgov.com 970-400-3762 A Site Plan will be required identifying the following: o Parking & Circulation o Road Right -of -Way, future Right -of -Way & Easements o Access Points, Turning Radiuses Required (25ft for passenger vehicles/60ft for trucks), & Tracking Control (Temp. and Perm.) o Drainage Flow Arrows showing how the stormwater flows across the property to the drainage feature(s) o Drainage related features i.e. detention pond, ditches, Water Quality Area(s) (label as "Water Quality — No Build/Storage Area" and label volume) o Floodplain boundaries, flood hazard development permit number, map panel number, if applicable Planning Department Weld County has a Coordinated Planning Agreement (CPA) with the City of Fort Lupton. The Planning Director will contact the Town Manager to give notice of this pre -application meeting. Staff advised the applicants to contact Todd Hodges, Planning Director regarding possible land use permitting including possible annexation. The property in review is in an urban development area and is prime for annexation into either the City of Fort Lupton, adjacent to the north and west or the City of Brighton adjacent to the south and across County Road 23 to the east. County Road 23 is a County maintained road at this location Adjacent zoning is 1-3 (Heavy Industrial) to the south and Agricultural to the north. All other lands near this location are within Municipal City Limits. Planning Staff encouraged the applicant to notify all property owners within 500 feet and conduct a neighborhood meeting. The applicant shall submit a record of attendees and a written summary of the meeting to the Department of Planning Services along with the Change of Zone application. Staff urged the applicant to contact staff for any questions: Planner on Call available Monday through Friday 7:30 a.m. to 4:30 p.m. or contact Kim Ogle at 970-400-3549 or kogle@weldgov.com The applicant may be eligible for the Small Business Incentive Program (SBIP). Staff provided information regarding the program. Please visit https://www.weldgov.com/departments/planning and zoning/small business incentive program/ or contact Tom Parko at 970-400-3572, for further direction. Staff explained the Change of Zone application process. The applicant shall submit 1 packet for a completeness review. After the completeness review the applicant will be informed of what items are still required to make the application complete. Staff requested that the applicant submit the remaining material in electronic form. Upon submittal of a completed application it will be sent out for referral for 28 days. The applicant will then meet with their Planner to discuss the referrals and address as many of the referrals as possible. At that meeting the Planning Commission hearing will be scheduled. The Board of County Commissioners hearing typically follows approximately 3 weeks after the Planning Commission hearing. Staff explained the SPR application process. For the applicant to proceed with the SPR application, the applicant shall submit 1 packet for a completeness review. After the completeness review the applicant will be informed of what items are still required to make the application complete. Staff requested that the applicant submit the remaining material in electronic form. Upon submittal of a completed application it will be sent out for referral for 28 days. A SPR application does not include any public hearings; the application is reviewed by staff and referral entities. The applicant will meet with their Planner to discuss the referrals and address as many of the referrals as possible. Staff will provide the applicant with completed comments within 60 days of submittal of a complete application. The above notes are provided as a courtesy to the applicant. While we strive to help identify as many potential issues upfront during the pre -application meeting, we cannot anticipate every issue that may come up during the formal application process. The information contained herein has been placed on file with the Department of Planning Services. The pre -application is valid fora period of one (1) year from the date of pre - application. If a formal application is not received following the time period specified herein the Planning Department reserves the right to require a new pre -application meeting. Please note that all land use, building and impact fees are subject to change throughout this time period. End memorandum. COUNTY COURT, WELD COUNTY, COLORADO Court Address: 915 Tenth Street, P.O. Box 2038, Greeley, Colorado 80632 Phone Number: (970) 475-2400 DATE FILED: September 21, 2022 3:05 PM BOARD OF COUNTY COMMISSIONERS OF THE CASE NUMBER: 2022C34216 COUNTY OF WELD, STATE OF COLORADO, Plaintiff, BOWTIE PROPERTIES LLC, Defendant. Matthew Conroy, Assistant Weld County Attorney 1150 "O" Street P.O. Box 758 Greeley, CO 80632 Phone Number: (970) 336-7235 Fax Number: (970) 352-0242 E -Mail: mconroy@weldgov.com Attorney Registration # 57065 Defendants PROPERTIES BOVVTIE PO BOX 1063 BRIGHTON CO 80601 O FOR COURT USE ONLY E Case Number: 22-C-34216 Division: C MOTION, STIPULATION, AND ORDER COMES NOW the Plaintiff, by and through its attorney, and Defendants and moves this Court to accept the following stipulation as agreed upon by the parties. 1. This Court has subject matter and personal jurisdiction herein. 2. That the defendant, BOVVTIE PROPERTIES LLC is the owner of the property described as: 15920 PT SE4 19 1 66 BEG AT SE COR SEC 19 N260' W335' S260' E335' TO BEG (2A M/L) EXC UPRR RES also known as street address and number as 2023 CR 27, FORT LUPTON, Colorado 80621 3. There have been violations of the Weld County Code Chapter 23, due to the continued presence of a commercial business without approved land use permits. Nonconforming Use (NCU-87) was for a gas station and store; however, the business has changed as stated in the Complaint. 4. Defendant acknowledges that it is possible to submit a Change of Zone (COZ) application along with a Site Plan Review in order to address such violation. 5. Defendant agrees to complete the following actions by the following dates: • Defendant agrees to submit a Change of Zone (007) application along with a Site Plan Review (SPR) on or before November 18, 2022. If Defendant has completed this stipulation, the Plaintiff will create and offer an amended Stipulation to grant adequate time to complete all land use processes. • Defendant agrees to contact the Zoning Compliance Officer assigned to this case to arrange an inspection of the property. 6. Defendant also agrees: That this Stipulation is just and equitable and not a result of duress. That failure to comply with the above deadlines, as may be extended from time to time as agreed upon by the parties, may result in the County Attorney requesting a hearing for the imposition of Daily Penalties. 7. Plaintiff Weld County agrees: To file a motion to dismiss this case upon the approval of the Change of Zone application and the recording of the final plat. Plaintiff reserves the right to pursue additional enforcement action against Defendant for any County Code violations that are not included in the Complaint. 8. Daily Penalty. The Plaintiff requests this Court to order the Defendants to pay a daily financial penalty in the amount of $10.00 upon a finding of the terms of the stipulation have not been met by the above referenced deadline, as may be extended from time to time as agreed to by the parties. Defendants retain the right to contest the continuation of any daily penalty as provided by law. Respectfully submitted, BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, COLORADO By: MATTHEW CON ROY # 57065 Assistant Weld County Attorney BOWTIE PROPERTIES, LLC is/Khrysanthe Meier Signature Khrysanthe Meier, Attorney # 50308 Hoffman Nies Dave & Meyer LLP 5350 S Roslyn Street, Suite 100 Greenwood Village CO 801111 Print Name (Attorney or Managing Member/Officer of LLC with no more than three members pursuant to C.R.S. § 13-1-127 September 20, 2022 Date X The foregoing Motion and Stipulation is ACCEPTED and ORDERED. SO ORDERED. Judge/Magistrate Randall Lococo Magistrate September 21, 2022 Date Khrysanthe Meier From: Sent: To: Cc: Subject: Matt, Khrysanthe Meier Wednesday, November 9, 2022 11:09 AM Matthew Conroy; Bethany Pascoe Nicole Nies; harvey.houston@adugdd.com; natorious95@gmail.com RE: Weld BOCC v Bowtie Properties LLC - 22C34216 Thank you for the response. I am fine with keeping these emails as a record to our agreement. As confirmation and on behalf of Bowties Properties LLC, we agree to submit the completed application package on or prior to December 16, 2022. Anything else we can provide in the meantime, please let us know. Thank you. Khrys From: Matthew Conroy <mconroy@weldgov.com> Sent: Wednesday, November 9, 2022 10:54 AM To: Khrysanthe Meier <kmeier@hn-colaw.com>; Bethany Pascoe <bpascoe@weldgov.com> Cc: Nicole Nies <nnies@hn-colaw.com>; harvey.houston@adugdd.com; natorious95@gmail.com Subject: RE: Weld BOCC v Bowtie Properties LLC - 22C34216 Hello Khrys, Extending the deadline until December 16th is fine by us. Do you want to do a new signed stipulation or just keep these emails as a record of our agreement since we agreed in the original stipulation to amend the deadlines as necessary? Either way is fine by me. Best, Matt Matt Conroy Assistant Weld County Attorney 1150 O Street P.O. Box 758 Greeley, CO 80632 (970) 400-4393 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is attorney privileged and confidential, or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. 1 From: Khrysanthe Meier <kmeier@hn-colaw.com> Sent: Wednesday, November 9, 2022 9:43 AM To: Matthew Conroy <mconroy@weldgov.com>; Bethany Pascoe <bpascoe@weldgov.com> Cc: Nicole Nies <nnies@hn-colaw.com>; harvey.houston@adugdd.com; natorious95@gmail.com Subject: RE: Weld BOCC v Bowtie Properties LLC - 22C34216 This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Matt and Bethany, I wanted to follow up on the email correspondence below. Given the surveyor's timing, we will not be able to submit a survey with the application by November 18. We are asking that the deadline to submit the application be extended to December 16, 2022. Could you please let us know next steps or if there is anyone else I should be contacting for this request? Thank you. Khrys f _ IOFFMAN DIES DAVE & MEYER LLP HIGH INTEGRITY EXPERIENCED COUNSEL, K H RYSANTH 1. {v. IER rtssocia I.e 5350 SOUTH ROSLYN STREET, SUITE100 GREENWOOD VILLAGE. CO 8011:1 OFF] C E: 303-860-7140 EXT: 1025 I DIRECT: 720-390-3463 FAX:303-860-7344 I i 1E1 ER@HN-COLAW.00M l WWW.HN.-COLAWtCOM This message and any attachments are intended only for the use of the individual or entity to which they are addressed. If the reader of this message or an attachment is not the intended recipient or the employee or agent responsible for delivering the message or attachment to the intended recipient you are hereby notified that any dissemination, distribution or copying of this message or any attachment is strictly prohibited. If you have received this communication in error, please notify us immediately by replying to the sender. The information transmitted in this message and any attachments may be privileged, is intended only for the personal and confidential use of the intended recipients, and is covered by the Electronic Communications Privacy Act, 18 U.S.C. §2510-2521. Any accounting, business or tax advice contained in this communication, including attachments and enclosures, is not intended as a thorough, in-depth analysis of specific issues, nor a substitute for a formal opinion, nor is it sufficient to avoid tax -related penalties. If desired, Hoffman Nies Dave & Meyer LLP would be pleased to perform the requisite research and provide you with a detailed written analysis. Such an engagement may be the subject of a separate engagement letter that would define the scope and limits of the desired legal, tax, or general consultation services. From: Khrysanthe Meier Sent: Thursday, November 3, 2022 12:03 PM To: 'Matthew Conroy' <mconroy@weldgov.com>; 'Bethany Pascoe' <bpascoe@weldgov.com> Cc: Nicole Nies <nnies@hn-colaw.com>; 'harvey.houston@adugdd.com' <harvey.houston@adugdd.com>; 'natorious95@gmail.com' <natorious95@gmail.com> Subject: RE: Weld BOCC v Bowtie Properties LLC - 22C34216 Matt and Bethany, I am writing to request an extension of the date the Change of Zone Application is due with regard to the attached stipulation and order. We heard from the surveyor, and they expect the field work to be completed by November 28, 2022 and the change of zone plat completed during the week of December 12, 2022. Could we extend the date the application is due from November 18, 2022 to December 16, 2022? 2 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. 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. ENVIRONMENTAL HEALTH CONTACT LIST Environmental Planner: Lauren LightIlight@weldgov.com (970) 400-2211 On -site Wastewater Treatment Systems Coordinator: Katie Sall ksall@weldgov.com (970) 400-2216 Waste Program Supervisor: Ben Frissell bfrissell-durley@weldgov.com (970) 400-2220 ENVIRONMENTAL HEALTH QUESTIONNAIRE 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. Well permits attached hereto and included with the Change of Zone application. The subject property is currently serviced by two wells. These wells were adequate to support the business located on the subject property pursuant to the Nonconforming Use Permit NCU-00087 ("NCUPermit') and currently adequately serve the current use of the subject property. Further, the current use of the wells is for commercial use. 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. Septic Permit attached hereto and included with the Change of Zone application. Permit Receipt Action 91327-VE 17974 Application Received 91327-VE 17974 Permit Issued 91327-VE 17974 Well Constructed 91327-VE 17974 Verbal Approval Granted Action Date Date Received Comment Modified 8/12/1991 8/12/1991 8/12/1991 8/14/1991 9/23/1991 9/25/1991 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. 2. Describe any anticipated change(s) to an existing access, if applicable. 3. Describe in detail any existing or proposed access gate including its location. 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 5. Describe any difficulties seeing oncoming traffic from an existing access and any anticipated difficulties seeing oncoming traffic from a proposed access. 6. Describe any horizontal curve (using terms like mild curve, sharp curve, reverse curve, etc.) in the vicinity of an existing or proposed access. 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. DEVELOPMENT REVIEW GENERAL REQUIREMENTS ACCESS INFORMATION Tips for Selecting Your Access on a Weld County Road (not required for a complete application) • An Access Permit is required for access onto Weld County maintained roadways. (Weld County Code, Section 8-14-40) • The location of an access can negatively impact public safety and traffic movement efficiency. • When feasible there shall be no net increase in the number of accesses onto a County road. (Weld County Code, Section 24-8-40.C) • Access locations shall comply with the spacing criteria for the road's functional classification. Accesses on both sides of the road should be considered when determining accessspacing. (Weld County Code, Section 8-14-30.1) • Information about the Weld County Functional Classification Map can be found here: https://www.weldgov.com/Government/Departments/Public-Works/Transportation-Planning/2045- Transportation-Plan • Accesses should not be located within a horizontal curve if possible. • Accesses should not be located where it is difficult to see oncoming traffic. • Select County roads have "Access Control Plans" that have special requirements that you should be aware of. Please check to see if your project's access location is impacted by an Access Control Plan here https://www.weldgov.com/Government/Departments/Public-Works/Transportation-Planning/Access- Control-Plans • We strongly encourage you to discuss your access with Public Works prior to laying out yoursite plan to ensure the approved accesses are compatible with your layout. DEVELOPMENT REVIEW QUESTIONNAIRE 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. The subject property is accessible via two entrances — the first is a driveway accessible from County Road 27 to the east of the subject property and the second is a driveway accessible from County Road 6 to the south of the subject property. Access along the eastern boundary of the subject property is 65.9' in wide and is accessible from County Road 27. This access also crosses the Fulton Ditch Easement. Access along the southern boundary of the subject property is 54.1' wide and is accessible from County Road 6. 2. Describe any anticipated change(s) to an existing access, if applicable. Mere are no anticipated changes to the existing access. 3. Describe in detail any existing or proposed access gate including its location. There is no existing or proposed access gate located on the subject property. 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. The northern adjacent property (as shown as owned by Cassie Wilkins on the Change of Zone Survey Plat) has a driveway located approximately 30 to 50 feet to the north of the subject property's eastern entrance. Such driveway is approximately 100 feet from the intersection of County Road 27 and County Road 6 to the south. The western adjacent property (as shown as owned by The Theodore R. Shipman Living Trust U/A Dated October 23, 2015 on the Change of Zone Survey Plat) has gated access located approximately 50 feet from the subject property's southern entrance. Such gated access is approximately 150 to 200 feet from the intersection of County Road 27 and County Road 6 to the east. The parcel located across County Road 27 from the subject property (as shown as owned by Vestas Nacelles America, Inc. on the Change of Zone Survey Plat) is vacant land and does not appear to have a point of access along County Road 27 or near the subject property. The parcel located across County Road 6 from the subject property (as shown as owned by K&S Ventures, LLC on the Change of Zone Survey Plat) has a driveway located only approximately 10 to 15 feet east of the western adjacent property's gated entrance on the southern side of County Road 6. Such driveway is approximately 30 to 50 feet from the subject property 's southern entrance and approximately 100 to 150 feet from the intersection of County Road 27 and County Road 6 to the east. 5. Describe any difficulties seeing oncoming traffic from an existing access and any anticipated difficulties seeing oncoming traffic from a proposed access. The surrounding area is relatively flat and there are no obstacles that create difficulties in seeing oncoming traffic from the existing entrances and points of access. The area surrounding the subject property is relatively open and allows for visibility, particularly as it relates to 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. Since the surrounding land is relatively flat and the roads are relatively straight, there is no horizontal curve in the vicinity of any of the existing points of access, particularly those related to the subject property. Any horizontal curve in the vicinity would be mild and likely unnoticeable to the naked eye. 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. The subject property and surrounding area is flat. County Road 27 and County Road 6 are flat and straight. Certificate Of Taxes Due Account Number R6238886 Parcel 147119000020 Assessed To BOWTIE PROPERTIES LLC PO BOX 1063 BRIGHTON, CO 80601-1063 Certificate Number 300119 Order Number 596515/25160378 Vendor ID 42 COCRS PO BOX 12102 DENVER, CO 80212 Legal Description 15920 PT SE4 19 1 66 BEG AT SE COR SEC 19 N260' W335' S260' E335' TO BEG (2A M/L) EXC UPRR RES Situs Address 2023 COUNTY ROAD 27 WELD Year Tax Interest Fees Payments Balance Tax Charge 2024 $12,121.34 $0.00 $0.00 $0.00 $12,121.34 Total Tax Charge $12,121.34 Grand Total Due as of 02/20/2025 $12,121.34 Tax Billed at 2024 Rates for Tax Area 2501 - 2501 Authority WELD COUNTY SCHOOL DIST RE8-FORT LUPTON CENTRAL COLORADO WATER (CCW CENTRAL COLORADO WATER SUBD FORT LUPTON FIRE AIMS JUNIOR COLLEGE HIGH PLAINS LIBRARY Taxes Billed 2024 * Credit Levy Mill Levy 15.9560000* 18.5080000 1.0170000 1.5070000 9.4460000 6.3050000 3.1790000 Amount $3,458.77 $4,011.99 $220.46 $326.67 $2,047.61 $1,366.73 $689.11 55.9180000 $12,121.34 Values Actual CONTRACTNG/SERV- $348,480 LAND CONTRACTNG/SERV- $428,460 IMPROVMTS Total Assessed $97,230 $119,540 $776,940 $216,770 All payments made are subject to final bank clearance. WARNING - THIS TAX CERTIFICATE DOES NOT WARRANT ANY TAXES OWED ON UNDERLYING ACCOUNTS, INCLUDING PARENT OR SIBLING ACCOUNTS. 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. TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIER'S CHECK. POSTMARKS ARE NOT ACCEPTED ON TAX LIEN SALE REDEMPTION PAYMENTS. PAYMENTS MUST BE IN OUR OFFICE AND PROCESSED BY THE LAST BUSINESS DAY OF THE MONTH. SPECIAL TAXING DISTRICTS AND THE BOUNDARIES OF SUCH DISTRICTS MAY BE ON FILE WITH THE BOARD OF COUNTY COMMISIONERS, THE COUNTY CLERK, OR THE COUNTY ASSESSOR. This certificate does not include land or improvements assessed under a separate account number, personal property taxes, transfer tax or misc. tax collected on behalf of other entities, special or local improvement district assessments or mobile homes, unless specifically mentioned. I, the undersigned, do hereby certify that the entire amount of taxes due upon the above described parcel of real property and all outstanding sales for unpaid taxes as shown by the records in my office from which the same may still be redeemed with the amount required for redemption are as noted herein. In witness whereof, I have hereunto set my hand and seal. Feb 20, 2025 2:19:12 PM Page 1 of 2 Certificate Of Taxes Due TREASURER, WELD COUNTY, Brigitte Grimm 1400 N. 17th Avenue Greeley, CO 80631 (970) 400-3290 Feb 20, 2025 2:19:12 PM Page 2 of 2 Document must be filed electronically. Paper documents are not accepted. Fees & forms are subject to change. For more information or to print copies of filed documents, visit www.sos.state.co.us. Colorado Secretary of State Date and Time: 01/24/2018 12:49 PM ID Number: 20181070268 Document number: 20181070268 Amount Paid: $50.00 ABOVE SPACE FOR OFFICE USE ONLY Articles of Organization filed pursuant to § 7-80-203 and § 7-80-204 of the Colorado Revised Statutes (C.R.S.) 1. The domestic entity name of the limited liability company is Bowtie Properties LLC (The name of a limited liability company must contain the term or abbreviation "limited liability company", "ltd. liability company", "limited liability co.", "ltd. liability co. ", "limited", "1.1.c.", "llc", or "ltd. ". See §7-90-601, C.R.S.) (Caution: The use of certain terms or abbreviations are restricted by law. Read instructions for more information.) 2. The principal office address of the limited liability company's initial principal office is Street address 2023 WCR 27 Mailing address (Street number and name) Fort Lupton CO 80621 (City) (State) (ZIP/Postal Code) United States (Province — if applicable) (Country) (leave blank if same as street address) (Street number and name or Post Office Box information) (City) (State) (ZIP/Postal Code) (Province — if applicable) (Country) 3. The registered agent name and registered agent address of the limited liability company's initial registered agent are Name (if an individual) or (if an entity) Saenz Financial Services LLC (Caution: Do not provide both an individual and an entity name.) Street address Mailing address (leave blank if same as street address) (Street number and name or Post Office Box information) (Last) (First) 11811 Upham Street, Unit E (Middle) (Suffix) (Street number and name) BROOMFIELD (City) CO 80020 (State) (ZIP Code) ARTORG LLC Page 1 of 3 Rev. 12/01/2012 Co (The following statement is adopted by marking the box.) IVA (City) (State) (ZIP Code) The person appointed as registered agent has consented to being so appointed. 4. The true name and mailing address of the person forming the limited liability company are Name (if an individual) Houston Harvey or (if an entity) (Last) (First) (Middle) (Suffix) (Caution: Do not provide both an individual and an entity name.) Mailing address 2023 WCR 27 (Street number and name or Post Office Box information) Fort Lupton CO 80621 (City) (State) (ZIP/Postal Code) United States . (Province — if applicable) (Connti y) (If the following statement applies, adopt the statement by marking the box and include an attachment.) The limited liability company has one or more additional persons forming the limited liability company and the name and mailing address of each such person are stated in an attachment. 5. The management of the limited liability company is vested in (Mark the applicable box.) ❑ one or more managers. or 'xl the members. 6. (The following statement is adopted by marking the box.) 'xl There is at least one member of the limited liability company. 7. (If the following statement applies, adopt the statement by marking the box and include an attachment.) This document contains additional information as provided by law. 8. (Caution: Leave blank if the document does not have a delayed effective date. Stating a delayed effective date has significant legal consequences. Read instructions before entering a date.) (If the following statement applies, adopt the statement by entering a date and, if applicable, time using the required format.) The delayed effective date and, if applicable, time of this document is/are (mm/dd/yyyy hour: minute am/pm) Notice: Causing this document to be delivered to the Secretary of State for filing shall constitute the affirmation or acknowledgment of each individual causing such delivery, under penalties of perjury, that the document is the individual's act and deed, or that the individual in good faith believes the document is the act and deed of the person on whose behalf the individual is causing the document to be delivered for filing, taken in conformity with the requirements of part 3 of article 90 of title 7, C.R.S., the constituent documents, and the organic statutes, and that the individual in good faith believes the facts stated in the document are true and the document complies with the requirements of that Part, the constituent documents, and the organic statutes. ARTORG LLC Page 2 of 3 Rev. 12/01/2012 This perjury notice applies to each individual who causes this document to be delivered to the Secretary of State, whether or not such individual is named in the document as one who has caused it to be delivered. 9. The true name and mailing address of the individual causing the document to be delivered for filing are Saenz Clark (Last) (First) 11811 Upham Street, Unit E (Middle) (Suffix) (Street number and name or Post Office Box information) BROOMFIELD ELD (City) (Province — if applicable) CO 80020 (State) (ZIP/Postal. Code) United States . (Countiy) (If the following statement applies, adopt the statement by marking the box and include an attachment.) This document contains the true name and mailing address of one or more additional individuals causing the document to be delivered for filing. Disclaimer: This form/cover sheet, and any related instructions, are not intended to provide legal, business or tax advice, and are furnished without representation or warranty. While this form/cover sheet is believed to satisfy minimum legal requirements as of its revision date, compliance with applicable law, as the same may be amended from time to time, remains the responsibility of the user of this form/cover sheet. Questions should be addressed to the user's legal, business or tax advisor(s). ARTORG LLC Page 3 of 3 Rev. 12/01/2012 OFFICE OF THE SECRETARY OF STATE OF THE STATE OF COLORADO CERTIFICATE OF FACT OF GOOD STANDING I, Jena Griswold, as the Secretary of State of the State of Colorado, hereby certify that, according to the records of this office, Bowtie Properties LLC is a Limited Liability Company formed or registered on 01/24/2018 under the law of Colorado, has complied with all applicable requirements of this office, and is in good standing with this office. This entity has been assigned entity identification number 20181070268 . This certificate reflects facts established or disclosed by documents delivered to this office on paper through 12/12/2022 that have been posted, and by documents delivered to this office electronically through 12/13/2022 @ty 09:54:35 . I have affixed hereto the Great Seal of the State of Colorado and duly generated, executed, and issued this official certificate at Denver, Colorado on 12/13/2022 j.j,.. 09:54:35 in accordance with applicable law. This certificate is assigned Confirmation Number 14531467 . Secretary of State of the State of Colorado *********************************************End of Certificate******************************************* Notice: A certificate issued electronically from the Colorado Secretary of State's website is fully and immediately valid and effective. However, as an option, the issuance and validity of a certificate obtained electronically may be established by visiting the Validate a Certificate page of the Secretary of State's website, https://www.coloradosos.gov/biz/CertificateSearchCriteria.do entering the certificate's confirmation number displayed on the certificate, and following the instructions displayed Confirming the issuance of a certificate is merely optional and is not necessaiy to the valid and effective issuance of a certificate. For more information, visit our website, https://www.coloradosos.gov click "Businesses, trademarks, trade names" and select "Frequently Asked Questions." COMMERCIAL LEASE AGREEMENT THIS LEASE (this "Lease") dated this 22nd day of February, 2018 BETWEEN: Bowtie Properties, LLC of 2023 WCR 27 Fort Lupton,CO 80621 Telephone: (303) 944-0223 Fax: (the "Landlord") OF THE FIRST PART AND ist Advanced Underground, Inc. of 16250 Del Ray Ct. Brighton, CO 80603 (the "Tenant") OF THE SECOND PART IN CONSIDERATION OF the Landlord leasing certain premises to the Tenant, the Tenant leasing those premises from the Landlord and the mutual benefits and obligations set forth in this Lease, the receipt and sufficiency of which consideration is hereby acknowledged, the Parties to this Lease (the "Parties") agree as follows: Definitions 1. When used in this Lease, the following expressions will have the meanings indicated: a. "Additional Rent" means all amounts payable by the Tenant under this Lease except Base Rent, whether or not specifically designated as Additional Rent elsewhere in this Lease; b. "Building" means all buildings, improvements, equipment, fixtures, property and facilities from time to time located at 2023 & 2021 WCR 27 Fort Lupton,CO 80621, as from time to time altered, expanded or reduced by the Landlord in its sole discretion; c. "Common Areas and Facilities" mean: i. those portions of the Building areas, buildings, improvements, facilities, utilities, equipment and installations in or forming part of the Building which from time to time are not designated or intended by the Landlord to be leased to tenants of the Building Page 1 of 9 including, without limitation, exterior weather walls, roofs, entrances and exits, parking areas, driveways, loading docks and area, storage, mechanical and electrical rooms, areas above and below leasable premises and not included within leasable premises, security and alarm equipment, grassed and landscaped areas, retaining walls and maintenance, cleaning and operating equipment serving the Building; and 11. those lands, areas, buildings, improvements, facilities, utilities, equipment and installations which serve or are for the useful benefit of the Building, the tenants of the Building or the Landlord and those having business with them, whether or not located within, adjacent to or near the Building and which are designated from time to time by the Landlord as part of the Common Areas and Facilities; d. "Leasable Area" means with respect to any rentable premises, the area expressed in square feet of all floor space including floor space of mezzanines, if any, determined, calculated and certified by the Landlord and measured from the exterior face of all exterior walls, doors and windows, including walls, doors and windows separating the rentable premises from enclosed Common Areas and Facilities, if any, and from the center line of all interior walls separating the rentable premises from adjoining rentable premises. There will be no deduction or exclusion for any space occupied by or used for columns, ducts or other structural elements; e. "Premises" means the commercial premises at 2023 & 2021 WCR 27 Fort Lupton,CO 80621. f. "Rent" means the total of Base Rent and Additional Rent. Intent of Lease 2. It is the intent of this Lease and agreed to by the Parties to this Lease that rent for this Lease will be on a gross rent basis meaning the Tenant will pay the Base Rent and any Additional Rent and the Landlord will be responsible for all other service charges related to the Premises and the operation of the Building save as specifically provided in this Lease to the contrary. Leased Premises 3. The Landlord agrees to rent to the Tenant the commercial premises municipally described as 2023 & 2021 WCR 27 Fort Lupton,CO 80621, (the "Premises"). The Premises will be used for only the following permitted use (the "Permitted Use"): Utility construction operations. While the Tenant, or an assignee or subtenant approved by the Landlord, is using and occupying the Premises for the Permitted Use and is not in default under the Lease, the Landlord agrees not to Lease Page 2 of 9 space in the Building to any tenant who will be conducting in such premises as its principal business, the services of: Utility construction operations. 5. A reasonable number of pets or animals are allowed in or about the Premises. If this privilege is abused, the Landlord may revoke this privilege upon thirty (30) days notice. 6. Subject to the provisions of this Lease, the Tenant is entitled to the use of parking (the 'Parking') on or about the Premises. Only properly insured motor vehicles may be parked in the Tenant's space. Term 7. The term of the Lease is a periodic tenancy commencing at 12:00 noon on February 22, 2018 and continuing on a year-to-year basis until the Landlord or the Tenant terminates the tenancy (the "Term") 8. Notwithstanding that the Term commences on February 22, 2018, the Tenant is entitled to possession of the Premises at 12:00 noon on January 1, 2018. Rent 9. Subject to the provisions of this Lease, the Tenant will pay a base rent of $5,000.00, payable per month, for the Premises (the "Base Rent"), without setoff, abatement or deduction. In addition to the Base Rent, the Tenant will pay for any fees or taxes arising from the Tenant's business. 10. The Tenant will pay the Base Rent on or before the 15th of each and every month of the Term to the Landlord. 11. No acceptance by the Landlord of any amount less than the full amount owed will be taken to operate as a waiver by the Landlord for the full amount or in any way to defeat or affect the rights and remedies of the Landlord to pursue the full amount. 12. For any rent review negotiation, the Base Rent will be calculated as being the higher of the Base Rent payable immediately before the date of review and the Open Market Rent on the date of review. Use and Occupation 13. The Tenant will carry on business under the name of ��, , will not change such name without the prior written consent of the Landlord, such consent not to be unreasonably withheld. The Tenant will open the whole of the Premises for business to the public fully fixtured, stocked and staffed on the date of commencement of the term and throughout the term, and will continuously occupy and utilize the entire Premises in the active conduct of its business in a reputable Page 3 of 9 manner on such days and during such hours of business as may be determined from time to time by the Landlord. 14. The Tenant covenants that the Tenant will carry on and conduct its business from time to time carried on upon the Premises in such manner as to comply with all statutes, bylaws, rules and regulations of any federal, provincial, municipal or other competent authority and will not do anything on or in the Premises in contravention of any of them. Quiet Enjoyment 15. The Landlord covenants that on paying the Rent and performing the covenants contained in this Lease, the Tenant will peacefully and quietly have, hold, and enjoy the Premises for the agreed term. Distress 16. If and whenever the Tenant is in default in payment of any money, whether hereby expressly reserved or deemed as rent, or any part of the rent, the Landlord may, without notice or any form of legal process, enter upon the Premises and seize, remove and sell the Tenant's goods, chattels and equipment from the Premises or seize, remove and sell any goods, chattels and equipment at any place to which the Tenant or any other person may have removed them, in the same manner as if they had remained and been distrained upon the Premises, all notwithstanding any rule of law or equity to the contrary, and the Tenant hereby waives and renounces the benefit of any present or future statute or law limiting or eliminating the Landlord's right of distress. 17. If the Tenant continues to occupy the Premises without the written consent of the Landlord at the expiration or other termination of the term, then the Tenant will be a tenant at will and will pay to the Landlord, as liquidated damages and not as rent, an amount equal to twice the Base Rent plus any Additional Rent during the period of such occupancy, accruing from day to day and adjusted pro rata accordingly, and subject always to all the other provisions of this Lease insofar as they are applicable to a tenancy at will and a tenancy from month to month or from year to year will not be created by implication of law; provided that nothing in this clause contained will preclude the Landlord from taking action for recovery of possession of the Premises. Inspections and Landlord's Right to Enter 18. Tenant acknowledges that it inspected the Premises, including the grounds and all buildings and improvements, and that they are, at the time of the execution of this Lease, in good order, good repair, safe, clean, and tenantable condition. Page 4 of 9 Tenant Improvements 19. The Tenant will obtain written permission from the Landlord before doing any of the following: a. painting, wallpapering, redecorating or in any way significantly altering the appearance of the Premises; b. removing or adding walls, or performing any structural alterations; c. changing the amount of heat or power normally used on the Premises as well as installing additional electrical wiring or heating units; d. subject to this Lease, placing or exposing or allowing to be placed or exposed anywhere inside or outside the Premises any placard, notice or sign for advertising or any other purpose; e. affixing to or erecting upon or near the Premises any radio or TV antenna or tower, or satellite dish; or f. installing or affixing upon or near the Premises any plant, equipment, machinery or apparatus without the Landlord's prior consent. Utilities and Other Costs 20. The Landlord is responsible for the payment of the following utilities and other charges in relation to the Premises: Any improvements to the buildings and property. 21. The Tenant is responsible for the direct payment of the following utilities and other charges in relation to the Premises: electricity, natural gas, water, sewer, telephone, Internet and cable. Insurance 22. The Tenant is hereby advised and understands that the personal property of the Tenant is not insured by the Landlord for either damage or loss, and the Landlord assumes no liability for any such loss. The Tenant is advised that, if insurance coverage is desired by the Tenant, the Tenant should inquire of Tenant's insurance agent regarding a Tenant's Policy of Insurance. 23. The Tenant is not responsible for insuring the Landlord's contents and furnishings in or about the Premises for either damage and loss, and the Tenant assumes no liability for any such loss. 24. The Tenant is responsible for insuring the Premises for damage or loss to the structure, mechanical or improvements to the Building on the Premises for the benefit of the Tenant and the Landlord. Such insurance should include such risks as fire, theft, vandalism, flood and disaster. Page 5 of 9 25. The Tenant is responsible for insuring the Premises for liability insurance for the benefit of the Tenant and the Landlord. 26. The Tenant will provide proof of such insurance to the Landlord upon the issuance or renewal of such insurance. Abandonment 27. If at any time during the Term, the Tenant abandons the Premises or any part of the Premises, the Landlord may, at its option, enter the Premises by any means without being liable for any prosecution for such entering, and without becoming liable to the Tenant for damages or for any payment of any kind whatever, and may, at the Landlord's discretion, as agent for the Tenant, relet the Premises, or any part of the Premises, for the whole or any part of the then unexpired term, and may receive and collect all rent payable by virtue of such reletting, and, at the Landlord's option, hold the Tenant liable for any difference between the Rent that would have been payable under this Lease during the balance of the unexpired term, if this Lease had continued in force, and the net rent for such period realized by the Landlord by means of the reletting. If the Landlord's right of reentry is exercised following abandonment of the premises by the Tenant, then the Landlord may consider any personal property belonging to the Tenant and left on the Premises to also have been abandoned, in which case the Landlord may dispose of all such personal property in any manner the Landlord will deem proper and is relieved of all liability for doing so. Governing Law 28. It is the intention of the Parties to this Lease that the tenancy created by this Lease and the performance under this Lease, and all suits and special proceedings under this Lease, be construed in accordance with and governed, to the exclusion of the law of any other forum, by the laws of the State of Colorado, without regard to the jurisdiction in which any action or special proceeding may be instituted. Severability 29. If there is a conflict between any provision of this Lease and the applicable legislation of the State of Colorado (the 'Act'), the Act will prevail and such provisions of the Lease will be amended or deleted as necessary in order to comply with the Act. Further, any provisions that are required by the Act are incorporated into this Lease. Page 6 of 9 Assignment and Subletting 30. The Tenant will not assign this Lease in whole or in part, nor sublet all or any part of the Premises, nor grant any license or part with possession of the Premises or transfer to any other person in whole or in part or any other right or interest under this Lease (except to a parent, subsidiary or affiliate of the Tenant), without the prior written consent of the Landlord in each instance, which consent will not be unreasonably withheld so long as the proposed assignment or sublease complies with the provisions of this Lease. 31. Notwithstanding any assignment or sublease, the Tenant will remain fully liable on this Lease and will not be released from performing any of the terms, covenants and conditions of this Lease. 32. If the Lease is assigned or if the Premises or any part of the Premises are sublet or occupied by anyone other than the Tenant, the Landlord may collect rent directly from the assignee, subtenant or occupant, and apply the net amount collected, or the necessary portion of that amount, to the rent owing under this Lease. 33. The prohibition against assigning or subletting without the consent required by this Lease will be constructed to include a prohibition against any assignment or sublease by operation of law. 34. The consent by the Landlord to any assignment or sublease will not constitute a waiver of the necessity of such consent to any subsequent assignment or sublease. Bulk Sale 35. No bulk sale of goods and assets of the Tenant may take place without first obtaining the written consent of the Landlord, which consent will not be unreasonably withheld so long as the Tenant and the Purchaser are able to provide the Landlord with assurances, in a form satisfactory to the Landlord, that the Tenant's obligations in this Lease will continue to be performed and respected, in the manner satisfactory to the Landlord, after completion of the said bulk sale. Care and Use of Premises 36. The Tenant will promptly notify the Landlord of any damage, or of any situation that may significantly interfere with the normal use of the Premises. 37. Vehicles which the Landlord reasonably considers unsightly, noisy, dangerous, improperly insured, inoperable or unlicensed are not permitted in the Tenant's parking stall(s), and such vehicles may be towed away at the Tenant's expense. Parking facilities are provided at the Tenant's own risk. The Tenant is required to park in only the space allotted to them. Page 7of9 38. The Tenant will not make (or allow to be made) any noise or nuisance which, in the reasonable opinion of the Landlord, disturbs the comfort or convenience of other tenants. 39. The Tenant will not engage in any illegal trade or activity on or about the Premises. 40. The Landlord and Tenant will comply with standards of health, sanitation, fire, housing and safety as required by law. Surrender of Premises 41. At the expiration of the lease term, the Tenant will quit and surrender the Premises in as good a state and condition as they were at the commencement of this Lease, reasonable use and wear and damages by the elements excepted. Hazardous Materials 42. The Tenant will not keep or have on the Premises any article or thing of a dangerous, flammable, or explosive character that might unreasonably increase the danger of fire on the Premises or that might be considered hazardous by any responsible insurance company. Rules and Regulations 43. The Tenant will obey all rules and regulations posted by the Landlord regarding the use and care of the Building, parking lot and other common facilities that are provided for the use of the Tenant in and around the Building on the Premises. General Provisions 44. Any waiver by the Landlord of any failure by the Tenant to perform or observe the provisions of this Lease will not operate as a waiver of the Landlord's rights under this Lease in respect of any subsequent defaults, breaches or nonperformance and will not defeat or affect in any way the Landlord's rights in respect of any subsequent default or breach. 45. This Lease will extend to and be binding upon and inure to the benefit of the respective heirs, executors, administrators, successors and assigns, as the case may be, of each party to this Lease. All covenants are to be construed as conditions of this Lease. 46. All sums payable by the Tenant to the Landlord pursuant to any provision of this Lease will be deemed to be Additional Rent and will be recoverable by the Landlord as rental arrears. Page 8 of 9 47. Where there is more than one Tenant executing this Lease, all Tenants are jointly and severally liable for each other's acts, omissions and liabilities pursuant to this Lease. 48. Time is of the essence in this Lease. 49. This Lease will constitute the entire agreement between the Landlord and the Tenant. Any prior understanding or representation of any kind preceding the date of this Lease will not be binding on either party to this Lease except to the extent incorporated in this Lease. In particular, no warranties of the Landlord not expressed in this Lease are to be implied. IN WITNESS WHEREOF the Parties to this Lease have duly affixed their signatures under hand and seal, or by a duly authorized officer under seal, on this 22nd day of February, 2018. (Witness) ©2002-2018 LawDepot.comTM Bowtie Properties, LLC (Landlord) SEAL) Advanced Underground, Inc `enant) Per: EAL) Page 9 of 9 COUNTY COURT, WELD COUNTY, COLORADO Court Address: 915 Tenth Street, P.O. Box 2038, Greeley, Colorado 80632 Phone Number: (970) 475-2400 4A-44-74111,ED: September 21, 2022 3:05 PM BOARD OF COUNTY COMMISSIONERS OF THE CASE NUMBER: 2022C34216 COUNTY OF WELD, STATE OF COLORADO, Plaintiff, v. BOWTIE PROPERTIES LLC, Defendant. Matthew Conroy, Assistant Weld County Attorney 1150 "0" Street P.O. Box 758 Greeley, CO 80632 Phone Number: (970) 336-7235 Fax Number: (970) 352-0242 E -Mail: mconroy@weldgov.com Attorney Registration # 57065 Defendants PROPERTIES BOWTIE PO BOX 1063 BRIGHTON CO 80601 ❑ FOR COURT USE ONLY a Case Number: 22-0-34216 Division: C MOTION, STIPULATION, AND ORDER COMES NOW the Plaintiff, by and through its attorney, and Defendants and moves this Court to accept the following stipulation as agreed upon by the parties. 1. This Court has subject matter and personal jurisdiction herein. 2. That the defendant, BOWTIE PROPERTIES LLC is the owner of the property described as: 15920 PT SE4 19 1 66 BEG AT SE COR SEC 19 N260' W335' S260' E335' TO BEG (2A MiL) EXC UPRR RES also known as street address and number as 2023 CR 27, FORT LUPTON, Colorado 80621 3. There have been violations of the Weld County Code Chapter 23, due to the continued presence of a commercial business without approved land use permits. Nonconforming Use (NCU-87) was for a gas station and store; however, the business has changed as stated in the Complaint. 4. Defendant acknowledges that it is possible to submit a Change of Zone (COZ) application along with a Site Plan Review in order to address such violation. 5. Defendant agrees to complete the following actions by the following dates: • Defendant agrees to submit a Change of Zone (COZ) application along with a Site Plan Review (SPR) on or before November 18, 2022. If Defendant has completed this stipulation, the Plaintiff will create and offer an amended Stipulation to grant adequate time to complete all land use processes. • Defendant agrees to contact the Zoning Compliance Officer assigned to this case to arrange an inspection of the property. 6. Defendant also agrees: That this Stipulation is just and equitable and not a result of duress. That failure to comply with the above deadlines, as may be extended from time to time as agreed upon by the parties, may result in the County Attorney requesting a hearing for the imposition of Daily Penalties. 7. Plaintiff Weld County agrees: To file a motion to dismiss this case upon the approval of the Change of Zone application and the recording of the final plat. Plaintiff reserves the right to pursue additional enforcement action against Defendant for any County Code violations that are not included in the Complaint. 8. Daily Penalty. The Plaintiff requests this Court to order the Defendants to pay a daily financial penalty in the amount of $10.00 upon a finding of the terms of the stipulation have not been met by the above referenced deadline, as may be extended from time to time as agreed to by the parties. Defendants retain the right to contest the continuation of any daily penalty as provided by law. Respectfully submitted, BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, COLORADO By: MATTHEW N CO ROY # 57065 f Assistant Weld County Attorney BOVVTIE PROPERTIES, LLC is/Khrysanthe Meier Signature Khrysanthe Meier, Attorney # 50308 Hoffman Nies Dave & Meyer LLP 5350 S Roslyn Street, Suite 100 Greenwood Village, CO 801111- Print Name (Attorney or Managing Member/Officer of LLC with no more than three members pursuant to C.R.S. § 13-1-127 September 20, 2022 Date 5. Defendant agrees to complete the following actions by the following dates: • Defendant agrees to submit a Change of Zone (COZ) application along with a Site Plan Review (SPR) on or before November 18, 2022. if Defendant has completed this stipulation, the Plaintiff will create and offer an amended Stipulation to grant adequate time to complete all land use processes. • Defendant agrees to contact the Zoning Compliance Officer assigned to this case to arrange an inspection of the property. 6. Defendant also agrees: That this Stipulation is just and equitable and not a result of duress. That failure to comply with the above deadlines, as may be extended from time to time as agreed upon by the parties, may result in the County Attorney requesting a hearing for the imposition of Daily Penalties. 7. Plaintiff Weld County agrees: To file a motion to dismiss this case upon the approval of the Change of Zone application and the recording of the final plat. Plaintiff reserves the right to pursue additional enforcement action against Defendant for any County Code violations that are not included in the Complaint. 8. Daily Penalty. The Plaintiff requests this Court to order the Defendants to pay a daily financial penalty in the amount of $10,00 upon a finding of the terms of the stipulation have not been met by the above referenced deadline, as may be extended from time to time as agreed to by the parties. Defendants retain the right to contest the continuation of any daily penalty as provided by law. Respectfully submitted, BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, COLORADO By: _t1 11 MATTHEW CONROY ii 57065 Assistant Weld County Attorney BOWF'I E PROPERTIES, LLC /s/Khrysanthe Mier Signature Khrysanthe Meier, Attorney # 50308 Hoffman Nies Dave & Meyer LLP 5350 S Roslyn Street, Suite 100 Greenwood Village, CO 801111 Print Name (Attorney or Managing Member/Officer of LLC with no more than three members pursuant to C.R.S. § 13-1-127 September 20, 2022 Date The foregoing Motion and Stipulation is ACCEPTED and ORDERED. SO ORDERED. Judge/Magistrate Randall Lococo Magistrate September 21, 2022 Date Prepared For SPAIN & COMPANY LLC 764 EARLE COURT CHEYENNE, WY 82009 PHASE II ENVIRONMENTAL SITE ASSESSMENT REPORT FOR 2021 WELD COUNTY ROAD 27 FORT LUPTON, CO 80621 Date Issued: June 20, 2017 APEX Project Number 1-0217.001.00 Prepared By APEX CONSULTING SERVICES, INC. P.O. Box 369 LOUISVILLE, CO 80027-0369 APEX CONSULTING SERVICES, INC. 566 West Willow Court Reply to: P.O. Box 369 Louisville, CO 80027-0369 Phone: 303-665-1400 Fax: 303-665-0620 June 20, 2017 Ms. Bea Dersham Spain & Company LLC 764 Earle Court Cheyenne, WY 82009 RE: Phase II Environmental Site Assessment, 2021 Weld County Road 27, Fort Lupton, Colorado 80621 Ms. Dersham: Apex Consulting Services, Inc. is pleased to provide the results of our Phase II Environmental Site Assessment at 2021 Weld County Road 27 in Fort Lupton, Colorado. The following report details the field activities, methods, and findings of the assessment. We appreciate the opportunity to provide environmental services for this project. If you have any questions concerning this report, or if we can assist you in any other matter, please call. Sincerely, APEX CONSULTING SERVICES, INC. aenrizia-,PArreast Michael D. Mattel, P.G., R.E.A. Principal TABLE OF CONTENTS 1.0 INTRODUCTION 2 2 .,...2 2 3.0 ANALYTICAL METHODS AND RESULTS 3 3.1 Analytical Methods ,...........,..,,........3 3.2 Analytical Results ........4 4.0 CONCLUSIONS, DICSUSSIONS AND RECOMMENDATIONS 4 5.0 LIMITATIONS 4 2.0 FIELD ACTIVITIES 2.1 2.2 Notifications Soil Sampling APPENDIX Appendix A Figure and Boring Logs Appendix B Laboratory Analytical Report PHASE II ENVIRONMENTAL SITE ASSESSMENT I PROJECT NO. 1-0183.001.01 1.0 INTRODUCTION Apex Consulting Services, Inc. (APEX) was retained by Spain & Company LLC to perform a Phase H Environmental Site Assessment (ESA) at 2021 Weld County Road 27 in Fort Lupton, Colorado (Property). The location of the Property is illustrated on a site map (Figure 1) which is included in Appendix A. The Property is currently occupied by a residential structure. Two (2), underground storage tanks (USTs) are located near the southeast corner of the residential structure located at the Property. The USTs (560 and 1,000 gallon) are located adjacent to the residential structure and beneath an awning. The USTs were used to store gasoline when the Property was utilized as a service station. Sometime in the late 1990's or early 2000's, the USTs were filled with concrete. This investigation was performed to determine if soils in the vicinity of the USTs have been impacted by gasoline. 2.0 FIELD ACTIVITIES 2.1 Notifications Prior to initiating the field activities (soil borings), the State of Colorado law requires that, at least 48 hours prior to the initiation of any subsurface work (drilling, backhoe operation, etc.), a utility inspection be performed at the Property. This inspection consists of the marking of underground utility locations by authorized utility locating personnel. The utility inspection was performed prior to the drilling activities. 2.2 Soil Sampling On June 8, 2017, APEX advanced two (2) hand auger borings at the Property. A hand auger was utilized to collect soil samples due to the proximity of the USTs to the residential structure and awning. The sampling equipment was decontaminated between samples and/or borings to prevent cross -contamination. PHASE II ENVIRONMENTAL SITE ASSESSMENT 2 PROJECT NO. 10183.001.01 Borings B-1 and B-2 were completed near the fill tube for each UST. The borings were terminated at or below the total depth of the USTs. The locations of the borings are illustrated on Figure 1 which is included in Appendix A. Soil and/or gravel fill was present in borings from the surface to depths of approximately 2 feet BGS. The soil and/or gravel fill was underlain by clayey sand. Boring logs are included in Appendix A. Soil samples (cores) were continuously collected from the borings with the hand auger. The soil samples collected from each boring were field screened for the presence of staining, unusual odors and volatile organic compounds (VOCs) vapors with a photo -ionization detector (PID) equipped with a 10.8 electro-volt lamp. Unusual odors, staining or VOCs were not present in any of the cores. Soil samples were collected from the borings at depths of 6.5 and 7.5 feet BGS. Groundwater was not encountered in the borings. Following completion of field activities, each boring was backfilled with the soil cuttings The surface at each boring was resurfaced to match the surrounding area. 3.0 ANALYTICAL METHODS AND RESULTS 3.1 Analytical Methods The soil and groundwater samples were handled with clean, new, nitrile gloves and placed in laboratory supplied sample containers and labeled. The samples were immediately placed in a cooler on ice. The samples were delivered under chain of custody to Summit Scientific in Golden, Colorado for laboratory analysis. Each sample was analyzed for benzene, toluene, ethylbenzene and total xylenes (BTEX) and gasoline range organics (GRO) by EPA Method. PHASE II ENVIRONMENTAL SITE ASSESSMENT 3 PROJECT NO. 1-0181001.01 3.2 Analytical Results BTEX or GRO compounds were not detected above the method detection limit in either of the soil samples. 4.0 CONCLUSIONS, DICSUSSIONS AND RECOMMENDATIONS On June 8, 2017, APEX completed 2 borings (B -I and B-7) at the Property. The borings were advanced to terminal depths ranging from 6.5 to 7.5 feet BGS. Groundwater was not encountered in the borings. Soil samples collected from the borings were field screened for the presence of staining, unusual odors and VOC vapors with a PID. Odors, staining or VOC vapors were not present in any of the cores. BTEX or GRO compounds were not detected above the method detection limit in either of the soil samples submitted for analysis. Based on the aforementioned, further assessment activities are not warranted. 5.0 LIMITATIONS This report presents a summary of work completed by APEX. The completed work includes observations of subsurface soil and groundwater conditions encountered and the analytical results provided by an independent third party laboratory of samples collected during the course of the work. It cannot be assumed that the available data are representative of subsurface conditions in areas not sampled. APEX warrants that the environmental consulting services contained herein were accomplished in accordance with generally accepted practices in the environmental engineering, geology, and hydrogeology fields that exist at the time and location of work. No other warranties are implied or expressed. PHASE II ENVIRONMENTAL SITE ASSESSMENT 4 PROJECT NO. I-0183.001.01 APPENDIX A FIGURE AND BORING LOGS PHASE II ENVIRONMENTAL SITE ASSESSMENT PROJECT NO. 1-0183.001.01 trsI.k4'1'v lf:: iti.7,il.'G—(4,1LAl.Ir tii , to:? n yq f 5E(43 tt ( BORING B-1 Project No. 1-0217.001.00 Boring Date: 6/8/17 Project Name: Residential Building Field Professional: Mike Hattel Site Location: 2021 County Road 27, Fort Lupton, Colorado Drilled By: APEX Client: Spain & Company LLC Drill Method: Hand Auger Total Depth: 6.5 feet Observed Depth to GW: None Depth of Refusal: None Interval Sample USGS (ppn) P10soil Core Recovery Sample Depth Description •. NA <1 2.0' Gravel fill 0-2.0' 2.0-6.5' SC <1 4.5' - Clayey Sand, dark brown, medium grained NOTES: • Soil sample (8-1-6.5) collected at 1100. BORING B-2 Boring Date: 6/8/17 Project No. 1-0217.001.00 Field Professional: Mike Hattel Project Name: Residential Building Drilled By: APEX Site Location: 2021 County Road 27, Fort Lupton, Colorado Drill Method: Hand Auger Client: Spain & Company LLC Total Depth: 7.5 feet Observed Depth to GW: None Depth of Refusal: None Interval Sample Sample Depth Soil Description - ND (I)Pm) Core Recovery 0-2.0' r 2.0' - Top Soil ! NA <1 2.0-7.5' 5.5' - Clayey Sand, dark brown, medium grained SC <1 • Soil sample (8-2-7.5) collected at 1130. APPENDIX B LABORATORY ANALYTICAL REPORT PHASE II ENVIRONMENTAL SITE ASSESSMENT PROJECT NO. 1-0183.001.01 5ummit cientific 741 Corporate Circle — Suite I ♦ Golden, Colorado 80401 303.277.9310 - laboratory ♦ 303.277.9531 - fax June 15, 2017 Michael Hattel Apex Consulting Services, Inc. PO Box 369 Louisville, CO 80027 RE: Spain Enclosed are the results of analyses for samples received by Summit Scientific on 06/08/17 17:30. If you have any questions concerning this report, please feel free to contact me. Sincerely, Paul Shrewsbury For Ben Shrewsbury Laboratory Manager Apex Consulting Services, Inc. Project: Spain PO Box 369 Louisville CO, 80027 Project Number: (none] Project Manager: Michael Hattel Reported: 06/15/17 09:30 ANALYTICAL REPORT FOR SAMPLES Sample ID Laboratory ID Matrix Date Sampled Date Received B-1-6.5 13-2-7.5 1706086-01 1706086-02 Soil Soil 06/08/17 11:00 06/08/17 11:30 06/08/17 17:30 06/08/17 17:30 Summit Scientific The results in this report apply to the samples analyzed in accordance with the chain of custody document This analytical report must be reproduced in its entirety. Page 1 of 8 Apex Consulting Services, Inc.. PO Box 369 Louisville CO, 80027 4 _ Project: Spain Project Number: [none Project Manager: Michael Hattel Reported: 06/15/17 09:30 CHAIN OF CUSTODYncn 09 CLIENT: APEX CONSULTING SERVICES, INC. --- - ANALYSIS - a This r WO # - 'it) Project * . i C II 'Ssupt Comment,. t _ cis Project Manager: Michael Hanel o -]pi ~.� Sampler: Michael Mattel f z Q, a -'y i 8 x z 4 — a stiles 2274 / 625 F ilt`ite , Anun onia phonetEma+1:303-686 4400 (rnhattei msn.co n) in Q to Id: ", A & Paint Filter .", tic Address: C�� Louisville, CO 8002740369 they of Contaievnj < �. 01 fre 'otal / TC1 £ i � la, t7 0 lai a Sample Name $sepltog rultorirat<to -- Ts B /-(4o, 2_7- 5-- 67 ter . 4 S-- 47 e 3 / gull , _ INW .may g 4.i i > a Warii , c a d —I Ca - L1► - /�Il " I...._ • �_ ca se MltC) se** " M r a ItAt I XI _ -Tf -vl.it r. ' Aliktv i z no<ter/ lRe El 'Turnaroted Time (Business Days): "'�"„t °' � �` i' i ter ..1 le RS) Dait Comments & Report Requests - , SNOrmni 03 Rwb analysis roper's ca .Day 0.25x) extra charge 1 GPM? annY• toripas,. Time AM: r.4 o t "' Hour . 6L Q4S (1.5x) pirate inform e.{n�al�rws Hour to linquichcd % _ ,�ie; 3- ``t i o +�'°' Recta -di try: Otte 024 (2x) attncvfornok _ "—'�F/�� QSnme Dav t��3 x ��nal) srs * Unins ss ieo sample isece t4 by Lab or r,y. e'er': r I' e ' ` 1 A LY � � I CS , ilk,: Jl /� j 1 { i 1 M 1M i i Samplts Rtetivecl Intact: Ya t No Temperature Received; !SamPMPraCTY*tivtt ONone btu (4°e) QAcid C )thcr Page \ of 1 . _ Summit Scientific The results in this report apply to the samples analyzed in accordance with the chain of custody document. This analytical report must be reproduced in its entirety. Page 2 of 8 Apex Consulting Services, Inc. Project: Spain PO Box 369 Louisville CO, 80027 Project Number: [none] Project Manager: Michael Hattel Reported: 06/15/17 09:30 $2 Wort< Order: —13--C(0 C) r ea2 CIle1'tt.' �U'►, Client Project ID: Shipped Via:a '3 (UPS. lit;ind reel .err¢, 'M ._up, Qlc,) Sample Receipt Checklist Atrtalti #: Matt t (check all that apply): Alr —Solt/Sottd Water Other: (P norrbe) Cooler ID Temp (pC) t Ctael Thermometer ID" 01l05715ti-,( ifs mples require gaoling. was the ternperaata 'ur at 4 C +/- NOTE: If samples ere delivered the same day of sampling, this requirement is met provided that there is evidence that coollna has begun. Were ell Samples received intact (1)4? Was adequate sernple volume provided1w? 7 If custody seals are present. are they Intact c*)? Are short holding time nnalyrtes or samples with FITa due wlehla 48 hours p r+ rr7 IS 8 �rhalrr-off dclatto t:C3 y' C) form present and filledout completely taxi IDoes the COC agree with the number and type of sample boat re pivad 7 Do the sample 10s on the bottle labels Match the OOO 111? is the C+OG properly relinquished -5-y the client c ? deS and I, timerecorded ded ° Per volatiaas in ,weter — Is there heacIspace present? if yes, contact client and note in narrative. Are samples preserve that require preservation (excluding cooiln � n? Note the typo of preservative In the Comments column NCI, Fi2SO4a Naol , t-iNC)S. act If sample aro acid preserved- for Metals. la the pl-1 c 2 ;t i RecPrO the pH In Comments. it dissolved metals auras requested. were scruples field filtered? AcidificUICti Qrittilmerl.ta 'Yes K NIA Comment* (If any) O ws t U i$1* _ ("If NO. then contact the client before precgsedlrrQ with analysis and not. In case narrative. 42) Custodian, Printed Warne C -°'t Signature or initials of Custodian VI :10 Dra<teaaltlana Summit Scientific The results in this report apply to the samples analyzed in accordance -with the chain of custody document. This analytical report must be reproduced in its entirety. Page 3 of 8 2 Apex Consulting Services, Inc. PO Box 369 Louisville CO, 80027 Project: Spain Project Number: [none Project Manager: Michael Hattel Reported: 06/15/17 09:30 Volatile Organic Compounds by EPA Method 8260B B-1-6.5 1706086-01 (Soil) Summit Scientific Date Sampled: 06/08/17 11:00 ' Analyte Result Reporting Limit Units Dilution Batch Prepared Analyzed Method Notes Benzene Toluene Ethylbenzene Xylenes (total) Gasoline Range Hydrocarbons ND ND ND ND ND 0.0020 mg/kg 0.0050 0.0050 0.0050 0.50 ID I1 IF 1 11 rl 1706132 06/12/17 06/12/17 It 11 11 Date Sampled: 06/08/17 11:00 EPA 8260B 11 Analyte Result Reporting Limit Units Dilution Batch Prepared Analyzed Method Notes Surrogate: 1, 2-Dichloroethane-d4 Surrogate: Toluene -d8 Surrogate: 4-Bromofluorobenzene 107% 103 99.2 23-173 20-170 21-167 n '/ It d0 Summit Scientific //try The results in this report apply to the samples analyzed in accordance with the chain of custody document. This analytical report must be reproduced in its entirety. Page 4 of 8 Apex Consulting Services, Inc. Project: Spain PO Box 369 Louisville CO, 80027 Project Number: [none] Project Manager: Michael Hattel Reported: 06/15/17 09:30 B-2-7.5 .5 1706086-02 (Soil) Summit Scientific Volatile Organic Compounds by EPA Method 8260B Date Sampled: 06/08/17 11:30 Analyte Result Reporting Limit Units Dilution Batch Prepared Analyzed Method Notes Benzene Toluene Ethylbenzene Xylenes (total) Gasoline Range Hydrocarbons ND ND ND ND ND 0.0020 0.0050 0.0050 0.0050 0.50 mg/kg 4, 4$ 41 1 11 ft ft 1706132 06/12/17 06/12/17 1! i, n +1 it ft tI R) M Date Sampled: 06/08/17 11:30 EPA 8260B 41 11 d Analyte Result Reporting Limit Units Dilution Batch Prepared Analyzed Method Notes Surrogate: 1, 2-Dichloroethane-d4 Surrogate: Toluene -d8 Surrogate: 4-BrornoJluorobenzene Summit Scientific 107 % 103 % 98.1 % 23-173 . 20-170 21-167 It 11 The results in this report apply to the samples analyzed in accordance with the chain of custody document_ This analytical report must be reproduced in its entirety. Page 5 of 8 z Apex Consulting Services, Inc. Project: Spain PO Box 369 Louisville CO, 80027 Project Number: [none] Project Manager: Michael Hattel Reported: 06/15/17 09:30 Volatile Organic Compounds by EPA Method 8260B - Quality Control Summit Scientific Analyte Result Reporting Spike Source %REC RPD Limit Units Level Result %REC Limits RPD Limit Notes Batch 1706132 - EPA 5030 Soil MS Blank (1706132-BLK I ) Benzene Toluene Ethylbenzene Xylenes (total) Gasoline Range Hydrocarbons Surrogate: 1, 2-Dichlor oethane-d4 Surrogate: Toluene -d8 Surrogate: 4-Bromofluorobenzene LCS (1706132-BS1) Benzene Toluene Ethylbenzene m,p-Xylene o-Xylene Xylenes (total) Gasoline Range Hydrocarbons ND ND ND ND ND 0.0466 0.0413 0.0383 0 0020 mg/kg 0.0050 0.0050 41 0 0050 0 50 Surrogate: 1, 2-Dichl or oethane-d4 Surrogate: Toluene -d8 Surrogate: 4-Bromofl uorobenzene Matrix Spike (1706132-MS1) Benzene Toluene Ethylbenzene rn,p-Xylene o-Xylene Xylenes (total) Gasoline Range Hydrocarbons 0 0917 0103 0 114 0 222 0106 0 329 3.12 0.0454 0.0402 0.0392 0 100 0 134 0 115 0 239 0.123 0362 3 19 0 0020 0 0050 0 0050 0010 0 0050 0 0050 0 50 41 Prepared & Analyzed: 06/12/17 (10400 (10400 0.0400 117 103 95.7 Prepared & Analyzed: 06/12/17 mg/kg 0 100 91 7 0 100 103 0 0992 115 0 200 111 0 0980 108 iu 1' r, ft 1, 23-173 20-170 21-167 58-130 61-134 74-139 73-137 73-141 30-150 30-150 0.0400 0 0400 0 0400 113 100 98.0 Source: 1706112-01 Prepared & Analyzed: 06/12/17 0 0020 0 0050 0 0050 0 010 0 0050 0 0050 0 50 mg/kg 0 100 0.00636 0 100 0 0227 0 0992 0 00405 0 200 0 0381 0 0980 0 0155 0 0536 1 34 94 0 111 111 101 109 23-173 20-170 21-167 30-131 30-134 22-153 10-159 31-151 30-150 30-150 Surrogate: 1, 2-Dichloroe. thane -d4 Surrogate: Toluene -d8 Surrogate: 4-Bromofluorobenzene 0.0423 0.0430 0.0386 0.0400 0 0400 0 0400 106 107 96.6 23-173 20-170 21-167 Summit Scientific The results in this report apply to the samples analyzed in accordance with the chain of custody document. This analytical report innst be reproduced in its entirety. Page 6of8 z Apex Consulting Services, Inc. PO Box 369 Louisville CO, 80027 Project: Spain Project Number: (nonel Project Manager: Michael Hattel Reported: 06/15/17 09:30 Volatile Organic Compounds by EPA Method 8260E - Quality Control Summit Scientific Analyte Result Reporting Spike Source %REC RPD Limit Units Level Result %REC Limits RPD Emit Notes Batch 1706132 - EPA 5030 Soil MS Matrix Spike Dup (1706132-N1'[SDl ) Source: 1706112-01 Benzene Toluene Ethylbenzene m,p-Xylene o-Xylene Xylenes (total) Gasoline Range Hydrocarbons Surrogate: 1, 2-Dichloroethane-d4 Surrogate: Toluene -d8 Surrogate: 4-ar•omofl uorobenzene 0.105 0.134 0 123 0 253 0 130 0 383 321 0.0430 0.0417 0.0388 0.0020 0 0050 0 0050 0010 0 0050 0 0050 0 50 Prepared & Analyzed: 06/12/17 mg/kg 0.100 0.00636 98.7 0 100 0.0227 111 0 0992 0 00405 120 0 200 0 0381 107 0.0980 0,0155 117 0 0536 1 34 30-131 30-134 22-153 10-159 31-151 30-150 30-150 4 62 0 0898 7 24 5 49 5.84 561 0.870 0.0400 0.0400 0.0400 108 104 97.0 23-173 20-170 21-167 34 30 24 68 38 20 20 Summit Scientific The results in this report apply to the samples analyzed in accordance with the chain of custody document. This analytical report must be reproduced in its emir ely. Page 7 of 8 2 Apex Consulting Services, Inc. Project: Spain PO Box 369 Louisville CO, 80027 Project Number: [none] Project Manager: Michael Hattel Reported: 06/15/17 09:30 Notes and Definitions DET Analyte DETECTED ND Analyte NOT DETECTED at or above the reporting limit NR Not Reported thy Sample results reported on a dry weight basis RPD Relative Percent Difference Fulton Ditch Company c/o Law Offices of Brice Steele PC 25 S 4th Ave Brighton, CO 80601 Phone: (303) 659-3171 Email: brice@steelepc.com i dwrwrr.stete.co us/Toolsti aterR.ightsrlransactioris/274752 rHA The Colorado Bar >." CColorado Secretary,.. +,' Colorado Courts E-... , Colorado Legal Res.. S Sign in - Microsoft"' I M S mo[fife DocuSign Login - E... V Ventures+ I bside Title Endorsement.., Well Permitting I Di... Trademark assignm... l 74 DWR Well Permit R... is 25749- ■ • • • G AR Water Rights - Transactions Help Login.] Water Right Name: Structure Type: FULTON DITCH (0200808) Ditch Permit: Water Source: SOUTH PLATTE RIVER Div: WD; County: 1 2 ADAMS IL a Ca s'= �7 pi l'J 0 la st1[74th.Avenue' -y tit ale'rVdyr L'ne 0 Sprint Lithe West Sprat Platte Resevoir antpro'vemerri t ! Project .' Jl c, • " I≥ - ! 4�i • It J • Point of Diversion s• 1 75 US. 6 US 85 Urrron Panic RR Auto Unload Facolily Leaflet I © openstreetMap contributors Type Distance N/S Q10 Q40 Q160 Township Range PM UTM x UTM y Latitude Longitude Location Accuracy Distance E1W Section Point of Diversion NE NE SE 17 1.0 S 67.0 W S 508078 4414031 39,876296 -104.905545 Spotted from c.,' If Water Right Net Amounts Adjudication Date Appropriation Date Priority Admin No Order No Priority No Net Absolute Net Conditional Net APEX Net APEX Conditional Decreed Units Seasonal Limits Absolute 0.0000 0.0000 C No 4/28/1883 5:1`1855 5600.00]0000 0 79.70001 0'01000 ]ecreed Use(s): Irrigation,. Municipal, Commercial. Industrial, Recreation, Fisher. Fire, Domestic, Augmentation, C.hg'Jse r:n Fow`,', Recharge, Wildlife °erform Structure Call Analy"s _' Khrysanthe Meier From: Sent: To: Subject: Attachments: Brice, Khrysanthe Meier Monday, December 12, 2022 4:07 PM brice@steelepc.com Change of Zone - 2023 County Road 27, Fort Lupton 229077- BOWTIE CHANGE OF ZONE_20221212.pdf; NCU-87 - 147119000020.pdf Thanks for speaking with me, today. Please find attached the Change of Zone Plat regarding 2023 County Road 27, Fort Lupton, CO 80621, which shows the location of the ditch along the eastern boundary of the property. Quick background — our client bought the property from Spain & Company LLC in 2018 and has been using the property as an off -site directional drilling business. Weld County issued a violation notification recently and required that our client submit a Change of Zone application in order to change the zoning from Agricultural to 1-2 — Medium Industrial, so we are assisting with that process. Of note, our client has not constructed any new improvements nor plans to. I am also attaching the Nonconforming Use Permit that sets forth a few of the uses over the years, which included a gas station and store since 1927. I will follow up with our client to see if they are aware of any license or if the seller mentioned anything about rights to access the property over the ditch, but to my understanding our client is not in receipt of any written document from the ditch company. Please let me know if I can provide any additional information or how else I can be of assistance. Thank you for your help. Khrys HOFFMA NIES DAVE & MEYE HIGH INTEGRITY, EXPERIENCED COUNSEL KHRYSANTHE METER Associate 5350 SOUTH ROSLYN STREET, SUITE100 GREENWOOD VILLAGE, CO 80111 O F F E: 303-860-7140 EXT: T:10251 DIRECT: 720-390-34631 FAX: 303-860-7344 KM El ER@HN-CDLA'W.COII I ( WWW.HN-DOLAW.,CDICI This message and any attachments are intended only for the use of the individual or entity to which they are addressed. If the reader of this message or an attachment is not the intended recipient or the employee or agent responsible for delivering the message or attachment to the intended recipient you are hereby notified that any dissemination, distribution or copying of this message or any attachment is strictly prohibited. If you have received this communication in error, please notify us immediately by replying to the sender. The information transmitted in this message and any attachments may be privileged, is intended only for the personal and confidential use of the intended recipients, and is covered by the Electronic Communications Privacy Act, 18 U.S.C. §2510-2521. Any accounting, business or tax advice contained in this communication, including attachments and enclosures, is not intended as a thorough, in-depth analysis of specific issues, nor a substitute for a formal opinion, nor is it sufficient to avoid tax -related penalties. If desired, Hoffman Nies Dave & Meyer LLP would be pleased to perform the requisite research and provide you with a detailed written analysis. Such an engagement may be the subject of a separate engagement letter that would define the scope and limits of the desired legal, tax, or general consultation services. 1 Northern 1%0, Colorado Geotech February 8, 2023 Bowtie Properties 16250 Del Ray Court Brighton, Colorado 80603 Attn: Mr. Harvey Houston Re: Mineral and Aggregate Evaluation 2021 & 2023 Weld County Road 27 Northern Colorado Geotech Project No. 007-23 2956 29th Street, Unit 21 Greeley, Colorado 80631 Phone: (970) 506-9244 Fax: (970) 506-9242 Northern Colorado Geotech has been asked to provide a mineral and aggregate evaluation for a two acre parcel of ground between Fort Lupton and Brighton, Colorado. The site is currently occupied by a residence and pole barn. The property is bordered to the south and east by Weld County Roads 6 and 27, respectively. A small residential acreage parcel is located to the north. The Riverbend aggregate mining pit operated by Martin Marietta is located west of the property. Northern Colorado Geotech has completed a site reconnaissance of the property as well as a published literature and map review of the site. The Soil Survey of Weld County lists the site soils as Altvan loam. The description of this soil states it was formed "in old alluvium deposited by the major rivers." "Also included are small, long and narrow areas of sand and gravel deposits." The parcel is located adjacent to a sand and gravel aggregate site. The subject site is located within the Great Plains physiographic province. The Colorado Piedmont is located near the western border of the Great Plains province and was formed during Late Tertiary and Early Quaternary time (approximately 2,000,000 years ago). The Colorado Piedmont is a broad, erosional trench which separates the Southern Rocky Mountains from the High Plains. Structurally, the site lies along the western flank of the Denver Basin. During the mountain building of the Laramide Orogeny (approximately 70,000,000 years ago), intense tectonic activity occurred, causing the uplifting of the Front Range and associated downwarping of the Denver Basin to the east. Due to the erosional action of wind and streams, relatively flat uplands and broad valleys characterize the present-day topography of the Colorado Piedmont in this region. Quaternary alluvial deposits are located near the surface. The site is underlain by the Cretaceous Laramie Formation. The Laramie consists of interbedded sandstone, siltstone and claystone deposits. The Laramie also contains significant coal seams in southern Weld County and Boulder County. Mineral and Aggregate Evaluation 2021 & 2023 Weld County Road 27 Northern Colorado Geotech Project No. 007-23 Page 2 of 2 Based on our research and the adjacent aggregate mining, it is likely that the site is underlain by sand and gravel deposits. However, as the site is only 2 acres in size, the required setbacks from property lines and roadways would render the site too small for a commercial -scale aggregate mining operation. Unless the site was combined with other un-mined sites, it is our opinion that there are no economically retrievable deposits of sand or gravel at the site. Due to the type of bedrock formation which underlies the site, it is our opinion that no economic quantities of quarry rock or minerals are available at the site. Based on the review of maps outlining the major extent of coal mines within the Boulder -Weld coal fields, we are unaware of coal mines in the immediate vicinity of the site. Therefore, it is our opinion that the property does not contain economic deposits of aggregate, quarry rock or minerals. If you have any questions concerning this report or any of our consulting services, please do not hesitate to contact us at (970) 506-9244. Sincerely, NORTHERN COLORADO GEOTECH Pre ared by: Digitally signed by Doug Leafgren O' 7u g DN: C=US, OU=President. O=Northern Colorado Geotech. CN=Doug Leafgren, E=dleafgren@msn.com Reason: I am the author of this document Leafgren Location: your signing location here Date: 2023.02.08 14:12:34-07'00' Foxit PhantomPDF Version: 10.1.9 Doug Leafgren, P.G. President Notice of Inquiry Development within a Coordinated Planning Agreement or Intergovernmental Agreement (CPA or IGA) Boundary Date of Inquiry 6/23/2021 Municipality with CPA or IGA Fort Lupton CPA Name of Person Inquiring Harvey Houston Property Owner Bowtie Properties, LLC Planner Kim Ogle kogle@weldgov.com Legal Description Part SE4 19-1-66 Parcel Number 1471-19-0-00-020 Nearest Intersection West of and adj. to County Road 27, north of and adj. to County Road 6 Type of Inquiry Change of Zone from A (Agricultural) to Commercial The above person inquired about developing a property inside your designated CPA or IGA boundary. This person has been referred to community by Weld County Planning to discuss development options on this site. Visit Chapter 19 of the Weld County Code for specifics on your agreement. Weld County Comments Applicant is requesting to change the zone from A (Agricultural) to C-3 (Business Commercial) or 1-2 (Medium Industrial). Advanced Underground Inc is a directional drilling, utility installation, and excavating company employing up to fifty (50) persons. Does the City wish to annex or enter into a pre -annexation agreement for this property? Name/Title of Municipality Representative Todd A. Hodges, Planning Director Municipality Comments The City of Fort Lupton would like to continue to discuss the option of annexation with the property owners but understand that the owners do not wish to pursue annexation at this time. The City will review the change of zone submittal once we receive it for review and comment and will likely be requesting a pre -annexation agreement. Kim Ogle Digitally signed by Kim Ogle Date: 2021.06.21 16:21:59 -06'00' Signature of Weld County Planner Signature of Municipality Representative Plase return the signed form to: Weld County Planning Department 1555 N 17th Avenue, Greeley, CO 80631 (970) 353-6100 x3540 "' (970)304-6498 fax Hello