The URL can be used to link to this page

Browse Search

Home My WebLink About20200664.tiffRESOLUTION RE: APPROVE RENEWAL APPLICATION FOR A BREW PUB (COUNTY) LIQUOR LICENSE FROM TAPPIST MUNKS, LLC, DBA OUTWORLD BREWING, AND AUTHORIZE CHAIR TO SIGN - EXPIRES APRIL 2, 2021 WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, Tappist Munks, LLC, dba Outworld Brewing, presented to the Board of County Commissioners of Weld County, Colorado, an application for the renewal of a Brew Pub (County) Liquor License, for the manufacture and sale of fermented malt liquors and fermented malt beverages, which may be furnished for consumption on the premises, sold to independent wholesalers for distribution to licensed retailers, sold to the public in sealed containers for off -premises consumption if manufactured and packaged on the licensed premises, sold at wholesale to licensed retailers in an amount up to three hundred thousand gallons per calendar year; and for the sale of vinous and spirituous liquors for on -premises consumption only if at least fifteen percent of the gross on -premises food and drink income of the business of the licensed premises is from the sale of food, subject to the rules and regulations found in Article 3, Title 44, C.R.S., and WHEREAS, pursuant to Exhibit 5-H of the Weld County Code, said applicant has paid the sum of $175.00 to the County of Weld for the renewal of the existing license, and WHEREAS, said applicant has exhibited a State Liquor License for the manufacture and sale of fermented malt liquors and fermented malt beverages, which may be furnished for consumption on the premises, sold to independent wholesalers for distribution to licensed retailers, sold to the public in sealed containers for off -premises consumption if manufactured and packaged on the licensed premises, sold at wholesale to licensed retailers in an amount up to three hundred thousand gallons per calendar year; and for the sale of vinous and spirituous liquors for on -premises consumption only if at least fifteen percent of the gross on -premises food and drink income of the business of the licensed premises is from the sale of food, outside the corporate limits of any town or city in the County of Weld at the location described as follows: 1725 Vista View Drive, Units B, C, and D Longmont, Colorado 80504 WHEREAS, the Licensee shall host "responsible vendor" training every six (6) months as agreeable to the Colorado Department of Revenue Liquor Enforcement Division, and this training shall be open to other area licensees. Each employee shall be "responsible vendor" trained, and the Licensee shall provide documentary evidence that each employee has been "responsible vendor" trained to the Weld County Sheriff's Office within thirty (30) days of the first available "responsible vendor" class after hiring. Evidence of such shall be included in the referral report submitted by the Sheriff's Office at the time of annual renewal. CG: 50CM-7/(111C /Act, C0.cgC,), 0.PPL O5131f 2020-0664 LC0053 RENEW BREW PUB (COUNTY) LIQUOR LICENSE - TAPPIST MUNKS, LLC, DBA OUTWORLD BREWING PAGE 2 NOW, THEREFORE, BE IT RESOLVED that the Board of County Commissioners of Weld County, Colorado, having examined said application and the other qualifications of the applicant, does hereby grant License Number 2020-03 to said applicant for the manufacture and sale of fermented malt liquors and fermented malt beverages, which may be furnished for consumption on the premises, sold to independent wholesalers for distribution to licensed retailers, sold to the public in sealed containers for off -premises consumption if manufactured and packaged on the licensed premises, sold at wholesale to licensed retailers in an amount up to three hundred thousand gallons per calendar year; and for the sale of vinous and spirituous liquors for on -premises consumption only if at least fifteen percent of the gross on -premises food and drink income of the business of the licensed premises is from the sale of food; and the Board does hereby authorize and direct the issuance of said license by the Chair of the Board of County Commissioners, attested to by the Clerk to the Board of Weld County, Colorado, which license shall be in effect until April 2, 2021, providing that said licensee operates in strict conformity to all of the laws of the State of Colorado and the rules and regulations relating thereto, per Article 3, Title 44, C.R.S., heretofore passed by the Board of County Commissioners of Weld County, Colorado, and any violations thereof shall be cause for revocation of the license. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said application and license. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 24th day of February, A.D., 2020. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: �i�d�0�� Weld County Clerk to the Board BY: ad • eputy Clerk to the Bo ounty Attorney Kevin D. Ross Date of signature: OO/Cv/O Mike Freeman, Chair 'Steve Moreno, Pro-Tem 2020-0664 LC0053 THIS LICENSE EXPIRES APRIL 2, 2021 lJ� �JJ� �J../�� JJ� �JJ��../�J� �J.../' y_J�.J�../� �J.../` JJl �,�1 J,�I J,�1 J,�l \f,�1 JJI �Jl �,�1 J,�I rul JrJl � �? License Number 2020-03 STATE OF COLORADO License Fee $175.00 COUNTY OF WELD � F QUOR LICENSE BY AUTHORITY OF THE BOARD OF COUNTY COMMISSIONERS FOR A BREW PUB (COUNTY) LIQUOR LICENSE FOR THE MANUFACTURE AND SALE OF FERMENTED MALT LIQUORS AND FERMENTED MALT BEVERAGES, AND THE SALE OF VINOUS AND SPIRITUOUS LIQUORS This is to Certify, that Tappist Munks, LLC, dba Outworld Brewing, of the State of Colorado, having applied for a License for the manufacture and sale of malt liquors and fermented malt beverages on the licensed premises, which may be furnished for consumption on the premises, sold to independent wholesalers for distribution to licensed retailers, sold to the public in sealed containers for off -premises consumption if manufactured and packaged on the licensed premises, sold at wholesale to licensed retailers in an amount up to three hundred thousand gallons per calendar year; and for the sale of vinous and spirituous liquors for on -premises consumption only if at least fifteen percent of the gross on -premises food and drink income of the business of the licensed premises is from the sale of food, and having paid to the County Treasurer the sum of one Hundred Seventy -Five and [00/100] ($175.00) Dollars; therefore, the above applicant is hereby licensed to manufacture and sell malt liquors and fermented malt beverages for consumption on and off premises, and sell vinous and spirituous liquors containing more than 3.2% Alcohol by weight, by the drink for consumption on the premises, as a Brew Pub (County) Liquor License, at the address of 1725 Vista View Drive, Units B, C, and D, Longmont, Colorado 80504, in the County of Weld, State of Colorado, for a period beginning on the 3rd day of April, 2020, and ending on the 2nd day of April, 2021, unless this License is revoked sooner as provided by law. This license is issued subject to the Laws of the State of Colorado and especially under the provisions of Articles 3, and 4, of Title i i . Colorado Revised Statues, as amended. IN TESTIMONY WHEREOF, the Board of County authorized this 24th day of February, 2020. ITEST: Deputy Clerk to the Board JeS:gi (e* re..5 Commissioners has hereunto BY subscribed its name by its officers dul\ The Board of County Commissioners Chair, Board of County Commissioners tilb"Pansitilliay CJ�CJ'�CJ'—CJ'CJ�CJ'FJ�CJ'� �� TO BE POSTED IN A CONS' 'S PLACE. NON -TRANSFERABLE. THIS LICENSE MUST BE POSTED IN PUBLIC VIEW DR 8402 (07/01/2012) STATE OF COLORADO DEPARTMENT OF REVENUE LIQUOR ENFORCEMENT DIVISION 1697 Cole Blvd, Suite 200 Golden, CO 80401 TAPPIST MUNKS LLC dba OUTWORLD BREWING 1725 VISTA VIEW DRIVE UNITS B,C,D LONGMONT CO 80504 ALCOHOL BEVERAGE LICENSE Liquor License Number 03-09689 License Expires at Midnight 04/02/2021 License Type BREW PUB (COUNTY) Authorized Beverages MALT, VINOUS AND SPIRITUOUS LIQUOR This license is issued subject to the laws of the State of Colorado and especially under the provisions of Title 44, Articles 4, 3, CRS 1973, as amended. This license is nontransferable and shall be conspicuously posted in the place above described. This license is only valid through the expiration date shown above. Any questions concerning this license should be addressed to: Colorado Liquor Enforcement Division, 1697 Cole Blvd, Suite 200 Golden, CO 80401. In testimony whereof, I have hereunto set my hand. 3/11/2020 LSS Cory Amend, Interim Division Director Lu C0rdova, Executive Director CI fU Ls) rs- 0 0 a 0 N CERTIFICATE OF DELIVERY DATE: March 30, 2020 FROM: Chloe A. Rempel, Deputy Clerk to the Board Supervisor SUBJECT: Tappist Munks, LLC, dba Outworld Brewing I hereby certify that I have sent the below documents in accordance with the requirements of Weld County and the Colorado Department of Revenue, Liquor Enforcement Division, on this 30th day of March, 2020. One copy of the signed Weld County Resolution approving Renewal Application for a Brew Pub (County) Liquor License One original Weld County Liquor License One copy of Colorado Liquor License U.S. Postal Service'?" CERTIFIED MAIL° RECEIPT Domestic Mail Only For delivery information, visit our website at www.usps.com®. AL , Certified Mail Fee Extra Services & Fees (check box, add fee as appropriate) O Return Receipt (hardcopy) $ ❑ Return Receipt (electronic) o Certified Mail Restricted Delivery Adult Signature Required • Adult Signature Restricted Delivery $ $ Postage Total Postage and Fees Postmark Here d31aol@oao Sent To (Yl " _Q 1- °Ks_.ISC_� c ._ QtW4r i \ --- Streeet� i Apt No or PO Box No. ('e.CA.3 na sr_o- n?S__ Vi Std-ts- City, State, ZIP+4® PS Form 3800, April 2015 PSN 7530-02-000-9047 See Reverse for Instructions a V7 Ch C Q < ❑ ❑ (13 C (A d X a) 0 4 $: 4 4cU L ca cl) a.%C Cn c%4 hl SENDER: COMPLETE THIS SECTION fin co C2 - W 2 2 .Es 1 2 2 i 2 0) U) O c:;) a. -- cm= - - i C 'L. a) wag) g) ..91) ❑D❑ ❑ ❑D a) U) a) LI C 0 LI CC c a) E -c tat m 0 a) (!lD Co ❑ 0 a) U C) LI cc ®'a c 2 cn as as �tw Ott < 0 0 Dp ❑ a) 0 -a U C r-, a) 0) Cr C)C) O 0 C C - --o-c-5 i U U C ❑ ❑C a) a) U a) -cv a)0 E >, a) O O in -O v- -- �,cal O Cli CZ Oa) U N DE O ozs a r asU 4 w co N L an '*_ E E 5 cz+' C U V O C)) o 4.! ea+'-' -2 a 7 -c +� E c Co Uci°Qo • ��30 � S — _ En O acL so) O V Jcc3tay, g,) ab'c co +-, -cam© 0 c1 tf.4 9590 9402 4445 8248 1213 53 Article Number (Transfer from service label) N Ri in N a Ii a 1 Domestic Return Receipt Cr) O 0 0 9 N a co T O T co E u_ a Weld County • Clerk to the Board's Office • 1150 O Street. Greeley, CO 80631 • (970) 400-4213 • crempel@weldgov.com DR 8400 (03/28/19) COLORADO DEPARTMENT OF REVENUE Liquor Enforcement Division Submit to Local Licensing Authority OUTWORLD BREWING 1725 VISTA VIEW DRIVE UNITS B,C,D Longmont CO 80504 Fees Due Renewal Fee 750.00 Storage Pemlit $100 X_ $ Sidewalk Service Area $75.00 $ _.. Additional Optional Premise Hotel & Restaurant $100 X _ $ "' Related Facility - Campus Liquor Complex $160.00 per facility $ — Amount Due/Paid $150 ,OD Make check payable to: Colorado Department of Revenue. The State may convert your check to a one- time electronic banking transaction. Your bank account may be debited as early as the same day received by the State. If converted, your check will not be returned. If your check is rejected due to insufficient or uncollected funds, the Department may collect the payment amount directly from your banking account electronically. Retail Liquor or Fermented Malt Beverage License Renewal Application Please verify & update all information below Return to city or county licensing authority by due date Licensee Name TAPPIST MUNKS LLC Doing Business As Name (DBA) OUTWORLD BREWING Liquor License # 03-09689 License Type Brew Pub (county) Sales Tax License # 30723564 Expiration Date 04/02/2020 Due Date 02/17/2020 BusinessAddress 1725 VISTA VIEW DRIVE UNITS B,C,D Longmont CO 80504 Phone Number 7205452337 Mailing Address 1725 VISTA VIEW DRIVE UNITS B,C,D Longmont CO 80504 Email b o� c .) I (er .. O v+k.AJO r I d e rya` I Cdr1, Operating Manager iax1 G. -Fokker Date of Birth Home Address 8'01S Ca -Hatt (Tr. ,n,t,vo+ CO OSO3 Phone Number (3ol)5a9-7�a 1. Do you have legal possession of the premises at the street address above? Yes No Are the premises owned or rented? ❑ Owned Rented* *If rente expiration date of lease: S 130 / aO' 1 Coy 2. Are you renewing a storage permit, additional optional premises, sidewalk service area, or related facility? If yes, please see the table in upper right hand corner and include all fees due. Yes X No 3. Since the date of filing of the last application, has there been any change in financial interest (new notes, loans, owners, organizational structure (addition or deletion of officers, directors, managing members or general partners)? If yes, explain and attach a listing of all liquor businesses in which these new lenders, owners (other than licensed financia�l��ins�titute directors, managing members, or general partners are materially interested. ViYes No see 4, etc.) or in detail s), officers, .i 4. Since the date of filing of the last application, has the applicant or any of its agents, owners, managers, partners or lenders (other than licensed financial institutions) been convicted of a crime? If yes, attach a detailed explanation. Yes KNo 5. Since the date of filing of the last application, has the applicant or any of its agents, owners, managers, partners or lenders (other than licensed financial institutions) been denied an alcohol beverage license, had an alcohol beverage license suspended or revoked, or had interest in any entity that had an alcohol beverage license denied, suspended or revoked? If yes, attach a detailed explanation. Yes No 6. Does the applicant or any f its agents, owners, managers, partners or lenders (other than licensed financial institutions) have a direct or indirect interest in any other Colorado liquor license, including loans to or from any licensee or interest in a loan to any licensee? If yes, attach a detailed explanation. n Yes ($No Affirmation & Consent I dedare under penalty of perjury in the second degree thatthis application and all attachments are true, correct and complete to the best of my knowledge. Type or Print ame ofApplicant/Authori�ed Agent of Business 1rI � /� ICS Title �r /�/��i1 O {6 ' �r Signature Date I I 2.e )-0 .► ;,��-,..� Report & Appro4al of City or n 1 1' �; The foregoing application has been a d a %• h - a e we do hereby report that such license, if - nt % . ' � • ly Therefore this application is app 6 -_ -' iness conducted and character of the applicant are satisfactory, and provisions of Title 44, Articles 4 and 3, C.R.S., and Liquor Rules. Local Licensing Authority For �� .�� Weld County, Colorado '' _ ! �� , v .rCL�O. 02/24/2070) ature Sign4Le Title Mike Freeman, Chair Board of County Commissioners AttestEsther E. Gesi Clerk to the 13 and 2 DR 8495 (07/23/19) COLORADO DEPARTMENT OF REVENUE Liquor Enforcement Division Tax Check Authorization, Waiver, and Request to Release Information i, Pink) d 1 w'I rQJ am sign' g this Tax heck Authorization, Waiver tylkS L L. (the and Request to Release "Applicant/Licensee") release information and for someone other than Waiver on behalf of the and oversees the and documentation license application section 44-3-101. et seq. with certain tax licensing authorities may and payment obligations. resolution or ordinance with state or local state and local licensing whichever is later. with the renewal any other state or local and documentation to duly licensing authorities, and Applicant/Licensee legal representatives, to action regarding the Information (hereinafter "Waiver") to permit the Colorado Department documentation that may otherwise myself, including on behalf of Applicant/Licensee. The Executive Director of the Colorado Liquor Enforcement obtained pursuant to this Waiver and ongoing licensure by the ("Liquor Code"), and the Colorado obligations, and set forth the take for violations of the Liquor The Waiver is made pursuant concerning the confidentiality taxes. This Waiver shall be valid authorities take final action Applicant/Licensee agrees to of any license, if requested. By signing below, Applicant/Licensee taxing authority or agency in the Colorado Liquor Enforcement authorized representative under their duly authorized employees, authorizes the state and local use the information and documentation application or license. on behalf of 1W/41 of Revenue and any other state or local taxing authority to be confidential, as provided below. If I am signing this Waiver a business entity, I certify that I have the authority to execute this Colorado Department of Revenue is the State Licensing Authority, Division as his or her agents, clerks, and employees. The information may be used in connection with the Applicant/Licensee's liquor state and local licensing authorities. The Colorado Liquor Code, Liquor Rules, 1 CCR 203-2 ("Liquor Rules"), require compliance investigative, disciplinary and licensure actions the state and local Code and Liquor Rules, including failure to meet tax reporting to section 39-21-113(4), C.R.S., and any other law, regulation, of tax information, or any document, report or return filed in connection until the expiration or revocation of a license, or until both the to approve or deny any application(s) for the renewal of the license, execute a new waiver for each subsequent licensing period in connection requests that the Colorado Department of Revenue and the possession of tax documents or information, release information Division, and is duly authorized employees, to act as the Applicant's/Licensee's section 39-21-113(4), C.R.S., solely to allow the state and local to investigate compliance with the Liquor Code and Liquor Rules. licensing authorities, their duly authorized employees, and their obtained using this Waiver in any administrative or judicial Name (Individual/Busi ess) -- aw M i Social Security Number/Tax Identification Number 19--3.1 5 Address (4 City State Zip iFc 6...v/ Home Phone Number145-111041\tki Business/Work Phone Number 9-2t? -06 - x.37 Printed name of pers ' ing on behalf of the Ap Ij' ant/ i 1 nsee � '(OyL�_ , ..cdT` Applicant/ ' en es Signature ignature authorizing the disclosure of confidential tax information) Date signed Privacy Act Statement Providing your Social rity Number is voluntary and no right, benefit or privilege provided by law will be denied as a result of refusal to disclose it. § 7 of Privacy Act, 5 USCS § 552a (note). On October 15, 2019, the "R&A Parks H Trust, dated June 23, 2001" made a loan to Tappist Munks, LLC in the amount of $25,000 pursuant to which Tappist Munks, LLC issued a Demand Promissory Note for the same amount. 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, Tappist Munks, LLC is a Limited Liability Company formed or registered on 03/23/2015 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 20151199440 . This certificate reflects facts established or disclosed by documents delivered to this office on paper through 02/03/2020 that have been posted, and by documents delivered to this office electronically through 02/04/2020 @ 13:52:57 . 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 02/04/2020 @ 13:52:57 in accordance with applicable law. This certificate is assigned Confirmation Number 12063622 . Secretary of State of the State of Colorado *********************************************End of Certificate******************************************* Notice: A certificate issued electronically from the Colorado Secretary of State's Web site 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 Web site, http://www.sos.state.co.us/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 necessary to the valid and effective issuance of a certificate. For more information, visit our Web site, http:// www.sos.state.co.us/click "Businesses, trademarks, trade names" and select "Frequently Asked Questions." 4190765 03/28/2016 01:25 PM Total Pages: 1 Rec Fee: $11.00 Doc Fee: $110.00 Carly Koppes - Clerk and Recorder, Weld County, CO IIIlIIIIlIIIIIIIII1I liii III Warranty Deed (Pursuant to 38-30-113 C.R.S.) State Documentary Fee Date: March 25, 2016 $ 110.00 THIS DEED, made on March 25, 2016 by ACME INVESTMENTS, LLC, A COLORADO LIMITED LIABILITY COMPANY Grantor(s), of the County of WELD and State of COLORADO for the consideration of ($1,100,000.00) •'"" One Million One Hundred Thousand and 0W100 *I" dollars in hand paid, hereby sells and conveys to OUTWORLD PROPERTY INVESTMENT, LLC, A COLORADO LIMITED LIABILITY COMPANY Grantee(s), whose street address is 8215 CATTAIL DRIVE NIWOT, CO 80503, Comity of BOULDER, and State of COLORADO, the following real property in the County of Weld, and State of Colorado, to wit CONDOMINIUM UNITS 2, 3 AND 4, VISTA BEACON CONDOMINIUMS, ACCORDING TO THE CONDOMINIUM MAP RECORDED JULY 16, 2001 AT RECEPTION NO. 2806106 AND AS DEFINED BY THE CONDOMINIUM DECLARATION RECORDED JULY 16, 2001 AT RECEPTION NO. 2866105 AND ANY AND ALL AMENDMENTS AND SUPPLEMENTS THERETO, COUNTY OF WELD, STATE OF COLORADO also known by street and number as: 1725 VISTA VIEW DRIVE 41B, C, AND D LONGMONT CO 00504 with all its appurtenances and wairants die title to the same, subject to general taxes for the year 2016 and those specific Exceptions described by reference to recorded documents as reflected in the Tide Documents accepted by Grantee(s) in accordance with Record Title Matters (Section 8.2) of the Contract to Buy and Sell Real Estate relating to the above described real properly; distribution utility easements, (including cable 2V); these specifically described rights of third parties not shown by the public records of which Grantee(s) has actual knowledge and which were accepted by Grantee(s) in accordance with Off -Record Tide Matters (Section 8.3) and Current Survey Review (Section 9) of the Contract to Buy and Sell Real Estate relating to the above described real property; inclusions cif the Property within any special tax district; Any special assessment if the improvements were not installed as of the date of Buyer's signature on the Contract to Buy and Sell Real Estate, whether assessed prior to or after Closing; and other NONE ACME INVESTMENTS, LLC State of COLORADO ss- County of BOULDER JACQUELINE BECK NOTARY PUBLIC STATE OF COLORADO NOTARY ID 10014007168 My Commlealon Expires May 24.2019 The foregoing instrument was acknowledged before me on this day of March 25, 2016 by JAMES E. KREITMAN AS MANAGER FOR ACME INVESTMENTS, LLC, A COLORADO LIMITED LIABILITY C n expires n ed Return to: OUTWORLD PROPERTY INVESTMENT, LLC, A COLORADO LIMITED LIABILITY COMP 8215 CATTAIL DRIVE NIWOT, CO 80503 Form 13050 1212015 wd.16.odt 1-16 Warranty Deed (Photographic) PCC25137404 {24391935} Ow.Y,,,O1.rn COMMERCIAL LEASE This Lease Agreement ("Lease") is entered into on this / Cr day of May, 2016 by and between Outworld Property Investment, LLC ("Landlord") and Tappist Munks, LLC ("Tenant") WHEREAS, the Landlord is the owner of three condominium units ("the Building") and improvements whose address is: 1725 Vista View Drive, Suites B, C, and D, Longmont, Colorado 80504 ("Leased Premises"); and, WHEREAS, Landlord desires to lease to Tenant the Leased Premises to operate a brewpub, and Tenant desires to lease the Leased Premises from Landlord for the term, at the rental and upon the provisions set forth herein. NOW THEREFORE, in consideration of the mutual promises contained herein, and for such other good and valuable consideration, the receipt and sufficiency of which is acknowledged, the parties agree as follows: 1. Leased Premises and Use. Tenant shall lease the Leased Premises to operate a brewpub. 2. Term. (a) The initial term of the Lease is seven (7) years, beginning at 12:00 a.m. midnight on the day of 31 of May, 2016 and ending at 11.59 pm on May 30, 2023. (b) Landlord shall use its best efforts to put Tenant in possession of the Leased Premises on the beginning of the Lease term. If Landlord is unable to timely provide the Leased Premises, rent shall abate for the period of delay. Tenant shall make no other claim against Landlord for any such delay. (c) This Lease shall automatically renew for like terms of one (1) year each (the "Renewal Term") unless either party elects not to renew by providing written notice to the other party not less than ninety (90) days prior to the expiration of the then current Term. Each Renewal Term shall be at the rental set forth below and otherwise upon the same covenants, conditions and provisions as contained in this Lease. (d) Either party may terminate this Lease at any time after the first full year of operation upon three hundred and sixty-five (365) days prior written notice to the other. 3. Rent. (a) Tenant shall pay to Landlord during the initial term rent of USD $ 4,900.00 per per month. ("Rent"). Notwithstanding the foregoing, during the pendency of renovation, Tenant shall pay rent equal to USD $0.00 (Zero) Dollars. (b) Each installment payment shall be due in advance on the first day of each calendar month during the lease term to Landlord at the following address: 1 725 The Aoeumd v0 this day. [ ) r. a UllsOMOMIEV !MEMOW 3 1+1 #.41411fete% [ ] DloammMrtwaMloavrmsmafa+SSw [ ) ND ATrOPN!Y [ ] areaway WM/ID [] it aaaviame.aojail a dill be imposed [ ] T+amlmaAeempmm+Paarr mum Plea of Mewed: [ ] a Ni11Y [ ) alums moan ( ] ' [ 1 p�yyd Wear's laps pm Rorpia [ I Flea mid Reeammeadidea I impala the tollowie68slemem FTruttS MSS sisp'4d IskeUrsmisaas impeded aotlidad with gm wm mAal aYaMr.rae ar Nam. md masa mew lard pwiddl dmama [ I din JO ams°atrdmled [ 1 aweamb eay ( ) Mark aims [ I W ssiblaad [ ] ea PRORKDON br TOO avo. A.t-1n.adfa is [ ] VAMP ( I lad ashy Ymdpmbiaa [ ] %Maas litsfodc tar And ins TR®msd FOUND by loam j( _fro' [ ] usrmynow KS ( ) dm Nu1r,d��.,.e _� �� awry [ I ms whbYrom"""m t"irNbY at [ ] elm b RadpabmdemMsdlerdn ardor PI�Ua [ I 00 mama fuss mibwm Kca�ogalAM lobs Padmmd ldrpeaiomadplseaamdmpmab�ed.;{ [ ] --- !.1.305.162-57.3.1112-253 ar 192.3032 Cams i'- iamomd deiadm. Aod FOUND by me mid: [ I driving acormaramialmaim vehicle [ ] maybe Madam material [ I I ORDER a smile pmmegti m pnoeearms'a armor [ 1 !ORDER dm Aim dismissed [ I eodidaaadapesmmmdoms(oeadodd pyaimdoa).; 192-151 [ ] aoaydaaed upon mama ofcods msd dismmSd aolpyiea Minute mama; 16.149ARI [ 1 vadat* 11-303.162.57.3.11.2.251 et maws, [ I mbepdimdatimtimmddmm [ ) Come polished bmaeeoddmraamod vivid violim'atma arMAIM 21.6.5 � ♦Avg CIISF [] [ 1 R.tdmAppal I [ ] lPwsided>bs corns 11142. 0 vitae Ili Ill DOAF Ip p7710E56PF8 123 SENTENCE FEE 113 DRUG ANALYAS FEE 113 SO►DTIO I DIT10;LOCK 113 126 Cr. APYT. ATTY 121 T.IA FEE 123 WE1@ONO PEE ClW BLOODIEST FEE 411144 7DDdORD1 YOgllia SUMMEDf nes. PAW. virillNRwPmM�10 p' ME nor TO AL = -vt —2`f taftna dre,r•A R hem w 137 TIT 229 ONIF 134 IAP 245 >pN.COKESC. 07761 (EMMET) DocuSign Envelope ID. 31F 30DC4.6ED8-4880-82C2-473DD9779FC8 DocuSign Envelope 1O: 7E30F0lD-OFFO.4249-BA17-4C5M2FA6512 2 3 4 5 OTHER COUNSEL BEFORE SIGNING. 6 7 8 9 10 11 12 13 LIV Sotheby's Phone; (303) 443-6161 Fax: (303) 443.8822 1050 Walr of St Ste 100 Boulder, CO 80302 INTERNATIONAL REALTY The printed portions of obis lone, except differentiated additions, have been approved by the Colorado Real Estate ComminiOn. 1 (CBS4-6-15) (Mandatory 1.16) THIS FORM HAS IMPORTANT LEGAL CONSEQUENCES AND THE PARTIES SHOULD CONSULT LEGAL AND TAX OR CONTRACT TO BUY AND SELL REAL ESTATE (LAND) () Property with No Residences) (0 Property with Residences —Residential Addendum Attached) AGREEMENT Date: October 28, Z0I6 14 1. AGREEMENT. Buyer agrees to buy and Seller agrees to sell, the Property described below on the terns and conditions set 15 forth io this contract (Contract). 16 2. PARTIES AND PROPERTY. 17 21. Buyer. Buyer,Outvorld Property Investment, LLC, IS will take title to the Property described below as 0 Joint Tenants 0 Tenants In Common ® Other In severalty. 19 2.2. No Assignability. This Contract Is Not auiguobte by Buyer unless otherwise specified in Additional Provisions. 20 21 23. Seller. Seller, Longmont Vista View Real estate, Inc. is 22 the current owner of the Property described below. 23 2.4. Property. The Property is the following legally described real estate in the County of Weld, Colorado; 24 VCC Li B1k 1 Vista Commercial Center 25 26 27 28 1649 vista View Drive (Lot 5) Longmont 29 knowna No. Street Address City 30 31 together with she interests, easements, rights, benefits, impcovementa and attached fixtures appurtenant thereto. and all interest of 32 Seller in vacated streets and alleys adjacent thereto, except as herein excluded (Property). CO 80504 State T.tp 33 34 25. Inclusions. The Purchase Price includes Utz following hems (Inclusions): 35 25.1. Inclusions. The following items, whether fixtures or personal property. are included in the Purchase Price 36 unless excluded under Exclusions: 37 N/A 38 39 40 41 42 If any additional items are enriched to the Property after the date of this Contract. such additional items arc also included in the 43 Purchase Price. 44 2.51. Personal Property . Conveyance. Any paaoael propety must be convoyed at Closing by Seller free and 45 clear of all taxes (except personal property taxes for the year of Closing), liens and encumbrances, except tr/x. 46 Conveyance of all personal property will be by bill of sale or other applicable legal inauumeat 47 48 2.6. Exdmions. The following items ac excluded (6xclusioos): C884 -a -IS. CONTRACT TO BUY AND SELL REAL ESTATE (LAND) 1x2 0120 16 1 1:09 Buyertnl6at Seller latuay Pagel of la Docul+gn Envelope ID 31F30OC4-6EO8-488O-82C2-473DD9779FC8 DoraD an Envetepe ID: 7E3DR3i D-OFFO.4x49-BA17.4C5A82FA6512 49 N/A 50 51 52 53 54 2.7. Water Rights, Well Rights, Water and Sewer Taps. 55 O 2.7.1. Deeded Water Rights. The following legally described water rights: 56 N/A 57 58 Any deeded water rights will be conveyed by a good and sufficient N/A deed at Closing. 59 O 2.7.2. Other Rights Relating to Water. The following rights relating to water not included in 112.7.1.2.73, 60 2,7.4 and 2.7.5, will be transferred to Buyer at Closing: 61 N/A 62 63 O 2.73. Well Rights. Seller agrees to supply tequued information to Buyer about the well. Buyer understands that 64 if the well to be transfused a "Smell Capacity Well" sea "Domestic Exempt Water Well", used for ordinary household 65 purposes, Buyer must, prior to or at Closing, complete a Change in Ownership form for the well. tf an misting well has not been 66 registered with the Colorado Division of WaterRcaources in the Depa amen of Natural Resources (Division), Buyer mast 67 complete a regisirstica of existing well farm for the well and pay the cost of registration. If no person will be providing a closing 68 service in connection with this t amaction, Buyer must file the form with the Division within sixty days after Closing. The Well 69 Permit R is N/A. 70 O 2.7.4. Water Stock Certificates. The water stack certificates to be transferred at Closing are as follows: 71 N/A 72 13 2.75. Water and Sewer Taps The parties agree that water and sewer taps listed below for the Property are being 74 conveyed u part of the Purchase Price as follows: 75 water and Sewer Tape are available but not included in the sale. 76 77 78 79 80 litany water or sewer taps are included in the rale, Buyer is advised to obtain, from the provider, written confirmation of 81 the amount remaining to he paid, if any, time and other ratrktlaas for transfer and use of the taps. 82 2.7.6. Conveyance. If Buyer is to receive any rights to water pursuant to § 2.7.2 (Other Rights Relating to Water), 83 § 2.7.3 (Well Rights), or § 2.7.4 (Water Stock Certificates). Seller agrees to convey sort rights to Buyer by =curing the 84 applicable legal instnmtent at Closing. 85 2.8. Growing Crops. With respect to growing mops, Seller and Buyer agree as follows: 86 N/A 87 88 3. DATES AND DEADLINES. Ilene No. Reference Event Date or Deadline 1 § 4.3 Alternative Earnest Money Deadline 72 hours from mutually eoepted contract Title November 7, 2016 2 § 8.1 Record Title Deadline 3 5 8.2 Record Title Objection Deadline November 11.. 2016 4 § 83 Off -Record Title Deadline November 7, 2016 5 § 83 Off -Record Thin Objection Deadline November 11, 20.16 Ca64•i•13. CONTRACT TOBIN AND SEll, REAL, ESTATE (LANnl 100510161 t:o9 sure idt 9dlerteitiW rase a ens DocuSgn Envelope ID 31F30DC4-6ED8-488D•82C2-473DD9779FC8 DacvS1 n Envelope ID:7E]DFBIO-0FF0-4249-BA17-4C5A82FAB612 6 4 8.4 Tide Resolution Deadline November 15, 20I6 7 4 8.6 Right of Dint Refusal Deadline N/A IIIMIIIIIIIIIIIIIM November 7, 2016 Owners' Association 8 § 7.3 Association Daeameaa Deadline 9 4 7.4 Association Documents Objection Deadline November I1, 2016 Seller's Property Disclosure 10 8 10.1 Seller's Property Disclosure Deadline November 7 201 Loan and Credit 11 § 5.1 Loan Application Deadline November 7, 2016 12 4 Si Loan Objection Deadline December 19, 2016 13 4 5.3 Buyer's Credit lnfoamatioo Deadline N/A 14 4 5.3 DimQpswd of Buyer's CreddInfomtation Deadline N/A 15 4 5.4 Existing Lam Documents Deadline Ir/A 16 4 5.4 Existing Loan Nieuweaa Objection Deadline N/A 17 4 5.4 Loan Tkau4r ApprovalDedime N/A 18 § 4.7 Serer or Private Financing Deadline N/A Appraisal 19 § 62 Appraisal Deadline December 15, 2016 20 4 6.2 Appraisal Objection Deadline Deoember 16, 2016 21 4 62 Appsriul Resolution Deadline December 19, 2016 Survey 22 4 9.1 New ILC or New Survey Deadline December 14, 2016 23 4 93 New ILC or New Survey Objection Deadline December 16, 2016 24 § 9.4 New TLC or New Survey Resolution Deadline December 12, 2016 Inspection and Due Diligence 25 4 10.3 Inspection Objection Deadline December 26, 2016 26 8 10.3 lnepectionRwalution Deadline December 29, 2016 27 § 103 Property Insurance Objettioa P eurilin. December 16, 2016 28 4 10.6 Due Diligence Documents Delivery Deadline December 23, 2016 29 410.6 Due DiiigenceDocuments ObjectiaaDeadline December 27, 2016 30 410.6 Due Diligence Documents RnsoltnionDeadline December 29, 2026 31 4 10.6 Environmental Inspection Objection Deadline December 26, 2016 32 4 10.6 ADA Evaluation Objection Deaden N/A 33 4 10.7 Conditional Sale Deadline N/A 34 411.1 Tenant Estoppel Statements Deadline N/A 35 4 112 Timm Estoppel Statements Objection Deadline N/A Cledng and Pnremion 36 § 12.3 Closing Dam January 12, 2017 37 4 17 Pmsaadon Date January 12, 2017 38 8 17 Posaesaion Tune delivery of os 39 4 28 Acccceptana Deadline Date Oct 428 Hine Acceptance Deadline e 5:00 IN Nor N/A N/A N/A `.� N/A N/A N/A ��(ll4 89 3.L Appllrabll ly of Terms. Any box checked in this Contract macs the corresponding provision applies. Any box, 90 blank or line in this Contract left blank or completed with the abbreviation "NM', or the word "Deleted" means such provision, 91 including any deadline, is not applicable and the corresponding provision of this Contract to which reference is made is deleted. 92 no box is checked in a provision that contains a selection of "Noce", melt provision means that "None" applies. 93 The abbreviation "lt4EC" (mutual execution of this Contract) mans the date upon which both partiea have signed this Contract. 94 95 4. PURCHASE PRICE AND TERMS. 96 4.1. Price and 'Da ms. The Purchase Price let forth below is payable in U.S. Dollars by Buyer as follows: CBS4.4.1t. CONTRACT TO BUY ANDSO.L REAL ESTATE (LAM)) 10111,20I6 x1:09 Cs\ Buyer tnidala Saar instals 1f hp3 d11 DocuSign Envelope ID. 31F30DC4-6EDB-488D-82C2-473DD9779FC8 OocuSign Envelope ID: 7E3DrolD 0FFO4249-BA17.CSAS2FA8512 Item No. Reference Item Amount 1 § 4.1 9 4. Purchase Purchlue Price $ 315, 000.00 2 § 43 Eames Monty $ 10, 000.00 3 i 4.5 New Loon S - $ 252, 000.00 4 § 4.6 Assumption Balance N/A 5 § 4.7 Private F'maoeing - $ N/A 6 §4.7 SellerFinancing ....- $ N/A 7 N/A N/A N/A N/A 8 N/A N/A N/A N/A 9 § 4.4 Club at Closing - - - $ 53, 000.00 10 TOTAL 315, 000.0 t $ 315, 000.00 97 42. Seller Concession. At Closing, Sella will credit to Buyer S N/A (Seller Concession). The Seller 98 Concession may be used for any Buyer fee, cost, amuse or expenditure to the extent the amount is allowed by the Buyer's lender 99 and is included in the Closing Stalcment or Closing Disclosure, a Closing. Examples of allowable items to be paid for by the 100 Sella Couceeaiod include, but are not limited to: Buyer's closing coats, loan discount points, loan origination fees, prepaid items 101 sad any other fee, cost, charge. expense or expenditure. Seller Concession is in addition to any sum Seller has agreed to pay et I02 credit Buyer climb= in this Contract. 103 43. Earnest Money. The Earnest Money set forth in this sect o, in the foam of a arise transfer, will be 104 payable to and held by Wright Kingdom Real Satiate (Earnest Money Molder), in its trust account, on be eslf of 105 both Seller and Buyer. The Earnest Money deposit must be tendered, by Buyer, with this Contract unless the parties mutually 106 agree to an Alternative Earnest Money Desdtlne for its payment. The patties authorize delivery of the Banat Money deposit to 107 the company conducting the Closing (Closing Company), if say, at or before Closing. In the event Earnest Many Holder has 108 agreed to have interest on Earnest Money deposits transferred to a fund established for the purpose of provide& affordable housing 109 to Colorado ceesdeau, Seller and Buyer acknowledge and agree that any interest accruing on the Earnest Money deposited with the 110 Earnest Money Holder in this transaction will be transferred to such fend. 111 4.3.1. Ahernathe Earnest Money Deadline. The deadline for delivering the Earnest Money, if other than at the 112 time of terrier of this Contract, is as set forth as the Alternative Earnest Money Deadline. 113 4.3.2. Return of Emmett Money. If Boyer her a Right to Ihrminste and timely temuinetes, Bayer Is entitled to 114 the ream of Earnest Money as provided in this Contact If this Contract is terminated as set forth in § 25 and, except as provided 115 in § 24, lithe Earnest Money has not already been returned following receipt of a Notice to 'laminate, Seller agrees to execute 116 and return to Buyer or Broker working with Buyer, written mutual instructions (e.g., Earnest Money Release form), within three 117 days of Seller's receipt of such form. 118 4A. Form of Funds; lime of Payment; Available Funds. 119 4.4.1. Good Funds. All amounts payable by the parties at Closing, including any lone proceeds, Cash at Closing 120 and closing costs, must be in funds that comply with all applicable Colorado laws, including electronic transfer Nods, certified 121 check, savings and lout teller's chock and cashier's check (Good Wands). 122 4.4.2. Time et Payment; Available Funds All Innis. including the Purchase Price to be paid by Buyer, must be 123 paid before or at Clotting or as otherwise agreed in writing between the parties to allow disbursement by Closing Company at 124 Closing OR SUCU NONPAYING PARTY WILL 285 IN DEFAULT. Buyer represents that Bayer, as of the date of this 125 Conuaee, (J Does 0 Does Not have funds that are immediately verifiable and available In an amount not leaf than the amount 126 stated as Cash at Closing in 9 4.1. 127 4.5. New Loan. 128 4.5.1. Bayer to Pay Loan Cate Buyer, except as provided in i 4.2, if applicable, must timely pay Buyer's loan 129 costs, loan discount points, prepaid items and loan origination fees, as required by lender. 130 45.2. Buyer May Select Pisudng. Bayer may pay in cash or select financing appropthue and acceptable to 131 Buyer, including a different loan than initially sought, except as remitted in § 4.5.3 or § 30 (Additional Provisions). 132 433. Loan L(mltattom. Buyer may purchase the Property using any of the following types of loans: 133 ® Caeveateaal 0 Other N/A. 134 4.4. Assumption. OMITTED AS INAPPLICABLE. 147 4.7. Seller or Private Financing. OMITTED AS INAPPLICABLE. 164 TRANSACTION PROVISIONS CBS46-IS. CONTRACT TO BUY AND SELL REAL ESTATE (LAMB 10/21/2016 I la) r\ rge4u1 la Buyer Wtla� SellerWWls ', DocuSign Envelope l0 31F30DC4-6ED8-4880-82C2-4730D9779FC8 Decagon Emebpe ID: 7E3DFB1 D-tPFa4249.BA174C5A82FA8512 165 5. FINANCING CONDITIONS AND OBLIGATIONS. 166 5.1. Loan Application. If Buyer is to pay all or port of the Purchase Price by obtaining one or more new loam (New 167 Loan), or if an existing loin is not to be released at Closing, Buyer if required by such lender, most male an application verifiable 168 by such lender, on or before Loan Appliadon Deadline and exercise reasonable effotla to obtain such loan or apptovaL ,169 5.2. Lan Objection. If Bayer is to pay all or part of the Purchase Price with a New Loan, this Canner is conditional 170 upon Boyer determining, in Buyer's sole subjective discretion, whether the New Loan is satisfactory to Buyer, Including its 171 availability, peymems, interest rale, terms, conditions, and cost of suck New Loaa. This condition is for the sole brndtt of Buyer 172 Buyer bas the Right to Terminate wider 825.1, on or before Loan Objection Dadlne, it the New Loan is not satisfactory to 173 Soya, in Buyer's sole subjective discretion. IF SELLER IS NOT IN DEFAULT AND DOES NOT TIMELY RECEIVE 174 BUYER'S WRrITEN NOTICE TO TERMINATE, BUYER'S EARNEST !HONEYWELL BE NONREFUNDABLE, except 175 u otherwise provided in this Contract (e.g., Appraisal, Title, Survey). 176 5.3. Credit Iaformotlm. If an existing loan is not to be tsleased at Closing, this Contract is condiriooal (for the sole 177 benefit of Sella) upon Seller's approve! of Buyer's financial abiGry sad creditworthinen, which approval Al be at Seller's sole 178 subjective discretion. Accordingly: (1) Buyer must supply to Seller by Buyer's Credit Information Deadline, at Buyer's I79 arose, information and documents (including a current credit tern) concerning Buyer's financial, employment and credit 180 condition; (2) Buyer consents that Seller may verify Buyer's fmaecial ability sad creditworthiness: and (3) any ouch information 181 and documents received by Seller must be held by Seller in confidence, and an released to others except to protect Seller's interest 182 in this transaction. If the Cash at Closing is less than as set forth is § 4.1 of this Contract, Seller has the Right to Terminate under 183 § 25.1. on a before Closing. If Seller disapproves of Buyer's financial ability or creditworthiness, in Seller's sole subjective 184 discretim, Seller has the Right to Terminate under § 25.1, on =Mile Disapproval of Boyer's Credit Infornuadou Deadline. 185 5.4. Existing Loan Review. If an existing loan is not to be released at Closing, Seller must deliver copies of the loan 186 dimwits (including note, deed of trust, and any modifications) to Buyer by Ridding Loan Documents Deadline. For the sale 187 benefit of Boyer, this Contract is conditional upon Buyer's review and approval of the provisions of such loan dour. Buyer 188 has the Right to 7bmsinate under § 25.1, on or before Existing Lena Dominant' Objection Deadline, based on any 189 unsatisfactory provision of such loan documents, in Buyer's sole subjective discretion If the lender's approval of a transfer of the 190 Property is required, this Contract is conditional upon Buyer's obtaining such approval without change ht the teems of such loan, 191 except as set forth in § 4.6. If lender's approval is not obtained by Lean Transfer Approval Deadline. this Contract will 192 terminate on such deadline. Seller has the Right to Terminate under 825.1, on or before Closing, in Seller's solo subjective 193 discetion, if Seller is to be released from liability older such existing loan and Buyer does nix obtain such compile= as sot forth 194 in § 4.6. 195 6. APPRAISAL PROVISIONS. 196 6.1. Appraisal Definition. An "Appraisal" is an opinion of value prepared by a licensed orcettifed appraiser, engaged 197 oa behalf of Buyer or Buyer's lender, to determine the Property's market value (Appraised Value). The Appraisal may also set 198 forth certain lender requiem enter, replacements. removals or repairs necessary on or to the Property as a condition for the Property 199 to be valued at the Appraised Value. 200 6.2. Appraisal Condition. The applicable appraisal provision set forth below applies to the respective loan type set forth 201 in § 43.3, or if a cash transaction (i.e. no financing), § 6.2.1 apples. 202 6.2.1. ConvonUeraY0then Buyer has the right to obtain an Appraisal. If the Appraised Value is less than the 203 Purchase Price, or if the Appraisal is not received by Buyer on or before Appraisal Deadline Bayer may, on or before Appraisal 204 Objection Deadline, notwithstanding § 83 or § 13; 205 6.2.1.1. Notice to Tbmbase. Notify Seller a writieg that this Contract is terminated; or 206 62.1.2, Appraisal Obleederr. Deliver to Seller a written objection accompanied by either a copy of the 207 Appraisal or %written notice from lender that confirms the Appraisal value is leas than the Purchase Price. 208 62.1.3. Appralal Resolution. Iran Appraisal Objection is received by Seller, on or before Appraisal 209 Objectless Deadline and if Buyer and Sella ban not agreed in writing to a settlemanl thereof on or before Appraisal Resolution 210 Deadline (§ 3), this Comma will te®nete on the Appraisal Resolution Dual ere, unless Seller receives Buyer's written 2.11 withdrawal of the Appraisal Objection before such termination, i.e., on or before expiation of Appraisal Resolution Deadline. 212 213 6.3. Lender Property Requirements. If the lender imposes any requirements, replacements, removals or repairs. 214 including any specified in the Appraisal (Lander Requirene nts) to be made to the Property (e.g.. roof repair, repainting), beyond 215 those mutters already agreed to by Seller in this Contract. Sella has the Right to Terminate under § 25.1, (notwithstanding § 10 of 216 this Contract), on or before three days following Seller's receipt of the Leader Requirements, in Seller's sole subjective discretion. 217 Seller's Right to Tertaiaate in this § 63 does not apply if, on or before any termination by Seiler pursuant b this § 63: (I) the 218 parties enter into a written agreement regarding the Lender requeemmts; or (2) the Lender Requirements have been completed; or 219 (3) the satisfaction of the Lender Requirements is waived in writing by Boyer. 220 6.4. Cat of Appraisal. Cost of the Appraise, to be obtained after the date of this Contract must be timely paid by al Ca846.1s. CONTRACT TO Sift AND SILL REAL ESTATE (LAND) t wertnt a 1199 l� Sayer w sanerlwrrr. � Pasesarta DocuSign Envelope ID 31F30DC4-6ED6488O.82C2.473DD9779FC8 OacuSipn Eiwdope m: 7E30FB1D-0FF61249-BA17.4C5A92FA8512 221 Buyer O Seller. The coat of the Appraisal may include any or all fees paid to the appraiser, appraisal management eumpany, 222 leader's agent or all Mtge. 223 224 7. OWNERS' ASSOCIATION/Ibis Section is applicable if the Property 4 located within a Common Interest 225 Community and subject to such declaration. 226 7.1. Commas Inkiest Community Disebsme THE PROPERTY IS LOCATED WITHIN A COMMON 227 INTEREST COMMUNITY AND IS SUBJECT TO THE DECLARATION FOR THE COMMUNITY THE OWNER OF 22H THE PROPERTY WILL BE REQUIRED TO BE A MEMBER OF TILE OWNERS' ASSOCIATION FOR THE 229 COMMUNITY AND WILL BE SUBJECT TO THE BYLAWS AND RULES AND REGULATIONS OF THE 230 ASSOCIATION. THE DECLARATION, BYLAWS, AND RULES AND REGULATIONS WILL IMPOSE FINANCIAL 231 OBLIGATIONS UPON THE OWNER OF THE PROPERTY, INCLUDING AN OBLIGATION TO PAY 232 ASSESSMENTS OF THE ASSOCIATION. IF THE OWNER DOES NOT PAY THESE ASSESSMENTS, THE 233 AvenrIATTON COULD PLACE A LIEN ON THE PROPERTY AND POSSIBLY SELL IT TO PAY THE DEBT. THE 234 DECLARATION, BYLAWS, AND RULES AND REGULATIONS OF THE COMMUNITY MAY PROHIBIT THE 235 OWNER FROM MAKING CHANGES TO THE PROPERTY WITHOUT M4 ARCHITECTURAL REVIEW BY THE 236 ASSOCIATION (OR A COMMITTER OF THE ASSOCIATION) AND THE APPROVAL OF THE ASSOCIATION. 237 PURCHASERS OF PROPERTY WITHIN THE COMMON INTEREST COMMUNITY SHOULD INVESTIGATE THE 238 FINANCIAL OBLIGATIONS OF MEMBERS OF THE ASSOCIATION. PURCHASERS SHOULD CAREFULLY 239 READ TIE DECLARATION FOR THE COMMUNITY AND THE BYLAWS AND RULES AND REGULATIONS OF 240 THE ASSOCIATION. 241 7.2. Owners' Association Documents. Owners' Association Documents (Association Documents) consist of the 242 following: 243 7.2.1. All Camas' Asaociatioo declarations, amides of incorporation, bylaws, articles of organisation, operating 244 agreements, rules and regulations, party wall agreements; 245 7.2.2. Minutes of most mint annual owoets' meeting; 246 7.2.3. Minutes of any directors' or managers' meetings during the sin -month period immediately preceding the 247 date of this Contract. If none of the preceding minute* exist, then the most recent minutes, if any (§§ 7.2.1, 7.2.2 and 7.2.3, 248 collectively, Covering Documents); and 249 73.4. The mat recant financial documents which consist of (1) annual and most recent balance sheet, (2) annual 250 and most recent incense and expenditures statement, (3) annual budget, (4) reserve study. sad (S) notice of unpaid assessments, if 251 any (collectively. Financial Documents). 252 73. Aasodatlon Documents to Buyer. 253 7.3.1. Seller to Provide Aasodatioa Documents. Sella is obWgaed to provide to Buyer the Aseociaaon 254 Documents, at Seller's expense, on or before Association Documents Deadline. Seller methods= the Anociaaoa to provide the 255 Association Documents to Buyer, at Seller's expense. Seller's obligation to provide the Association Documents is fulfilled upon 256 Buyers receipt of the Association Docwucats, regardless of who provides such demeans. 257 7.4. Conditional on Buyer's Review. Buyer bar the right to review the Association Dn.insr as Bayer Ms the Right to 258 Terming& under § 25.1, on or before Association Docomeats Objection Deadline, based on any unsatisfactory provision in any 259 of the Association Documeel, in Buyer's sole subjective discretion. Should Buyer receive the Association Documents after 260 Association Documents Deadline. Buyer, at Bayer's option, has the Right to Teenleata under § 25.1 by Buyer's Notice to 261 Terminate received by Seller on or before ten days after Buyer's receipt of the Association Docmmets. U Buyer does not receive 262 the Association Dommests, or if Buyer's Notice to Terminate would otherwise be required to be received by Seller after -Main 263 Date, Buyer's Notice to Terminate must be received by Seller on or before Owing. If Seller does not receive Buyer's Notice to 264 Terminate within such time, Buyer accepts the provisions of the Association Documents as satisfactory, and Buyer waives any 265 Right to Teme to wider this provision. notwithstanding the provisions of § 8.6 (Right of first Refusal or Cron= Approval). 266 8. TITLE INSURANCE, RECORD TITLE AND OFF -RECORD TITLE. 267 8.1. Evidence of Record Title. 268 ®B.1.1. Seller Selects TLk Insurance Company. If this box 4 ducked. Seller will select the title insurance 26') company to (weigh the owner's title insurance policy at Seller's expense. On or before Record Title DeaHlhre, Seller must furnish 270 to Bayer, a current commitment for owner's title insurance policy OlBe Commitment), in ere amount equal to the Purchase 271 Price, or if this box is checked. O an Abased of Title certified to a curtest date. Seller will mane the dde insurance policy to be 272 issued and delivered to Buyer as soon as. practicable at or after Closing. 273 O 8.12. Buyer Selects T1Ue Insurance Company. If this box is checked, Buyer will select the title insurance 274 company to ftanish die owner's title insurance policy at Buyer's expense. On or before Record Title Deadline, Bayer must 275 furnish to Seller, a current commitment for owner's title insurance policy (Title Comm uncut), in an amount equal to the Purchase 276 Price. 01514.15. CONTRACT TO BUY AND SELL iZAL p LS.TB (LAND) 10125201611:09 Borer Wrla Seller halals Negate) DocuSign Envelope ID31F3DDC4-6ED8-488D-82C2-473OO9779FC8 Cowmen Envelope to. TE3OfB1D-OFF0-424n-8A17.4CSAa2FABS12 2.77 If neither box is § 8.1.1 a § 8.1.2 is checked, § 8.1.1 applies. 278 8.1.3. Owner's Extended Coverage (OEC). The Title Commitment 1 Will O Will Net contain Owner's 279 Extended Covewge (OEC). If the Tick Cantoitmeot is to contain OEC, it will commit to delete or insure oar the standard 280 exceptions which relate to: (1) parties itt posseasloo, (2) unfunded easements, (3) survey matters, (4) uarecaded mechanics' 281 theta, (5) gap period (period between the effective dale and time ofcommbmeoc to the date and time the deed is recorded), and (6) 282 unpaid taxes, else smeets and tmredeemed tax sales prior to the year of Oaring. Any additional pemoism expense to obtain OEC 283 will be paid by O Beyer ® Sables O One -Half by Buyer and Owlish by Seller O Other it/A. 284 Regarding of whether the Contract requires OEC, the Title Insurance Company may not provide OEC or delete or insure over 285 any or ail of the standard exceptions for OEC. The Title Insurance Company may require a New Survey or New B.C. defined 286 below, among other requirement& for OEC. If the Title Insurance Commitment is not satisfactory to Buyer, Buyer has a right to 287 object wrier 3 8.4 (Right to Object to Title, Resolution). 288 8.14. Tide Docmnents. Title Documents consist of the following: (I) copies of any plats. declarations, 289 covenants, conditions and restrictions burdening the Property, and (2) copies of any other documents (or. if illegible, summaries of 290 such darriment&) listed in the schedule of exceptions (Exceptions) is the Tide Cnmmimtent furnished to Boyer (collectively, Tide 291 Documents). 2.92 8.15. Copies of Tltie Demands. Buyer must receive, on or before Record Me Deadline, copies of all Tide 293 Documents. This requirement pscnlm only to documents as shown of record in the office of the clerk sad recorder in the county 294 where the Property is looted. The cost of furnishing copies of the documents required in this Section will be lathe expense of the 295 party or parties obligated to pay for the owner's title insurance policy. 296 8.1.6. Existing Abstracts of Title. Seller must deliver to Buyer copies of any abstracts of title covering all or any 291 portion of the Property (Abstract of Tide) in Seller's possession on or before Record Tide Deadline. 298 6.2. Retard Title. Buyer hes the right to review and object to the Abstract of Title or Title Commitment and any of the 299 Title Documents as act truth in § 8.4 (Right to Object to Title, Resolution) on or before Retard TTlie Objection Deadline. 300 Bayer's objection may be based on any unsatisfactory form or content of Title Coowitmeet orAba sect of Title, notwithstanding 301 § 13, or any other unsatisfactory tide condition, in Buyer's sole subjective discretion. If the Abstract of Tide. Tide Commitment or 302 Title Doe®ees ere not received by Buyer us or before the Record Title Deadline, or if there is an endooernent to the Tide 303 Cammi.tmeot that adds a new Exception to title, a copy of the new Exception to title and the modified Title Commitment will he 304 delivered to Buyer. Buyer has until the ember of Closing or ten days afta'receipt of such documents by Buyer to review and object 305 to; (1) any required Tide Document not timely received by Buyer, (2) any change to the Abstract of Title, Title Commitment or 306 Title Documents, or (3) any endorsement to the Title Commitment If Seller receives Buyer's Notice to Tannin or Notice of 307 Title Objection, pursuant to this § 82 (Record Title), any title objection by Buyer is governed by the provisions set forth in § 8.4 308 (Right to Object to Title. Resolution). If Sella has fulfilled all Seller's obligations, if any, to deliver to Buyer all documents 309 required by § 8.1(Evidence of Record Title) and Seller does not receive Buyer's Notice to Terminate or Notice of Tide Objection 310 by she applicable deadline specified above, Buyer accepts the condition of title as disclosed by the Abitraa of "fide, Title 311 Commitment and Title Documents as satisfactory. 312 1.3. Off -Record Tide. Seller must deliver to Buyer. on or befine Off -Record Title Deadine, we copies of all existittg 313 surveys in Seller's posessioa peening to the Property end must disclose to Buyer all easement&, liens (including, without 314 limi4[ia+. governmental improvements approved, but sot yet installed) or other title matters (including, without limitation, rights 315 of Sot refusal and options) not shown by public records, of which Seller has actual knowledge (Off -Record Matters). Buyer has 316 the right to inspect the Property to investigate if any third party Ins any right in the Property not shown by public swords 317 unrecorded easement, boundary tine discrepancy or water rights). Buyer's Notice to Terminate or Notice of Title Objection of arty 318 unsatlsfactery condition (whether disclosed by Seller or revealed by such inspection, notwi0sssding 961 and § 13). in Buyer's 319 sole subjective discretion, must be received by Seller on or before Off -Retard Title Objection Deadline. If au Off -Record Matter 320 is received by Buyer after the OR -Record Title Deadline, Bayer has until dm earlier of Closing or ten days Mier receipt by Buyer 321 to review and object en such Off -Record Matter. If Seller receives Buyer's Notice to Termittata or Notice of Title Objection 322 pursuant to this § 8.3 (Off -Record Tin), any title objection by Buyer and this Contract arc govccood by the provision set forth in 323 § 8.4 (Right to Object to Title, Resolution). If Seller does not receive Buyer's Notice to Trrminata or Notice of Tide Objection by 324 the applicable deadline specified above, Buyer accepts title subject to such rights, if any, of thud parties of which Buyer has actual 325 knowledge. 326 PIA. Right to Object to Title, Reaalutlou. Buyer's right m object to any title manan includes, but is not limited to those 327 matters set forth in §9 81 (Record Title), 83 (Off -Record Title) and 13 (Transfer Mille), is Buyer's sole subjective discretion. If 328 Buyer objects to any title matter, on or before the applicable deadline, Buyer has the following options: 329 8.4.1. Title Objection, Resolution. If Seger receives Buyer's written notice objecting to any title mallet 'ldice 330 of Title Objection), on or before the applicable deadline, and if Buyer and Seller have not agreed to o wrinea seulemeot thereof on 331 or before Title Resolution Deadline, this Contact will ternmssm on the expiration of Tide Resolution Deadline, unless Sella 332 receives Buyer's written withdrawal of Buyers Notice of Title Objection (i.e., Buyer's written notice to waive objection to such cn$4.F15. CONTRACT 70 BOY AND SILL RBAL ESTATE(LAND) IBtyln161 r49 Bayer isitle Seller ioWah !Meier to DocuSign Envelope ID: 31F30OC4-6ED8-488O-82C2-473DD9779FC8 OuwSgn Emellpe O: TE3OF810-0FF0 4249 8A17.4d5A82FA0512 333 items mad waives the Right to Terminate for that reason), on or before expiratioo of Title Resolution Deadline. If either the 334 Rated Title Deadline or the lide tDe 3 iRetao .are ere ¢ S 3 to the eeearlier of gg cc ttenn ddos after receipt eip alfo 336 the be auto3a dti altyes bd Buyer, th peas applicable demons s, or 336 soil bean S.42. 2. TIaextendedObjection, b to the earlier of Cth losing or Buyer een days after � may exercise the Rigreceipt t o'Iirminate under 4 25.1, on or 337 8ppli Title dli e, truedo ht matter, in 338 before the applicable lc Districts. on wthatiffactory Buyer's RE SUBJECT TO GENERAL OBLIGATION subjective discretion. 339 8.5. Special 340 IINIDEBTEDNESS THAT IS PAID BY REVENUES PRODUCED FROM ANNUAL TAX LEVIES ON TI338 TAXABLE 341 PROPERTY WITHIN SUCH DISTRICTS. PROPERTY OWNERS IN SUCH DISTRICTS MAY BE PLACED AT RISK 342 FOR INCREASED MILL LEVIES ARID TAX TO SUPPORT THE SERVICING OF SUCH DEBT WHERE 343 CIRCUMSTANCES ARISE RESULTING IN THE MARMITE OF SUCH A DISTRICT TO DISCHARGE SUCH 344 INDEBTEDNESS WITHOUT SUCH AN INCREASE IN MILL LEVIES. BUYERS SHOULD INVESTIGATE THE 345 SPECIAL TAXING DISTRICTS IN WHICH THE PROPERTY IS LOCATED BY CONTACTING THE COUNTY 346 TREASURER, I NFORMATIONNFFROM THETHEG THE EBBOAARD F IFICATE OF TAXES DUE FOR THE PROPERTY, AND BY OBTAINING COUNTY COMMISSIONERS, THE COUNTY CLERK AND 347 FURTHER 348 RECORDER, OR THE COUNTY ASSESSOR. Objection Deadline, based any 349 Boyer has the Right to Terminate under 4 25.1, on or befof-R urd&stTi siBuyer'sole subjective a dd on ntany 350 unsatisfactory effect of the Property being lowed within a special 8 351 8.6. RigSht of First Refupromptly submit this Contract according to the terms and conditions of such right. If the bolder of r Contract Approval. if there bad& of fine Wesel on the Property, or • right to othe 352 tiht Contract, uler xe c ses ves this Contract, this Contract will terminate 353 right of first refusal exercises arch right or the holder of s right to smote disapproves 354 if the tight of that refusal is waived explicitly or expires, or the Contract is approved, this Contract will remain in MI tutee and 355 effect. Seller must promptly notify Boyer in writing of the foregoing. If expiration or waiver of the right of first refusal or approval 356 of this Contract hes not ecauncd on or before Right of First Refuel Deadline. this Contract will then terminate. 357 8.7. Title Advisory. The Tide Documents often the title, ownership and use of the Property and should be reviewed 358 arehdly. Additionally. other menace not reflected in the Title Documents may affect the title, ownershipa�6 hen Property. 359 including, without limitation, boundary lines and encroachments, set -back requie U, water on a under the ncode ode viol and ns. 360 unrecorded easements and claims of easemeWa, leases and other unrecorded g eeme and its ental etas 361 various laws and governmental regulations concerning land use, development 362 8.7.1. OIL, GAS, WATER AND MINERAL DISCLOSURE. THE SURFACE ESTATE OF THE 363 PROPERTY MAY BE OWNED SEPARATELY FROM THE UNDERLYING MINERAL ESTATE, AND TRANSFER 364 OF THE SURFACE ESTATE MAY NOT WATER RIGHTS. THIRD PARTIES MAY OWN NECESSARILY INTERESTS IN TRANSFER OGAS F THE MINERAL ESTATE OR 3365 66 GEOTHERMAL ENERGY OR WAXER ON OR UNDER THE SURFACE OF THE PROPERTY, WHICH INTERESTS 367 MAY GIVE THEM RIGHTS TO ENTER AND USE THE SURFACE OF THE PROPERTY TO ACCESS THE 368 MINERAL ESTATE, OIL, GAS OR WATER. 369 8.72. SURFACE USE AGREEMENT. THE USE OF THE SURFACE ESTATE OF THE PROPERTY TO 370 ACCESS THE OIL, GAS OR MINERALS MAY BE GOVERNED BY A SURFACE USE AGREEIMIENT A 371 MEMORANDUM OR OTHER NOTICE OF WHICH MAY RERECORDED WIZ THE COUNTY CLERK AND 372 RECORDER. 373 8.73. OIL AND GAS ACTIVITY. OIL AND GAS ACTIVITY THAT MAX OCCUR ON OR ADJACENT 374 TO TILE PROPERTY MAY INCLUDE, BUT IS NOT LIMITED TO, SURVEYING, DRILLING, WELL COMPLETION 375 OPERATIONS, STORAGE, OIL AND GAS, OR PRODUCTION FACILITIES, PRODUCING WELLS, REWORKING 376 OF CURRENT WELLS, AND GAS GATHERING AND PROCESSING FACILITIES. 377 8.7.4. ADDITIONAL INFORMATION. BUYER IS ENCOURAGED TO SEEK ADDITIONAL 378 INFORMATION REGARDING OIL AND GAS ACTIVITY ON OR ADJACENT TO T@E PROPERTY, INCLUDING 379 DRILLING PERMIT APPLICATIONS. THIS INFORMATION MAY BE AVAILABLE FROM THE COLORADO OIL 380 AND GAS CONSERVATION COMMISSION. 381 8.75. Tide Insurance Exclusions. Matters set forth in this Section, and others, may be excepted, excluded from. 382 or not covered by the owner's tide imitate policy comp( with respect to all such mama as there are 383 8.8. Consult an Attorney. Boyet is advised to timely consult legal 384 strict time limits provided in this Contract (e.g.. Record Title ODieelon Deadline and Off -Record Title Objection Deadline). 365 9. NEW ILC, NEW SURVEY.vemen1 Location Certificate (New ILC) 386 91. New ILC or New Survey. if the box is checked. a ® New Impm 387 0 New Survey in the form of NIA is requited and due following will apply- 388 9.2.1. Ordering of New ILC or New Survey. 0 Seller Eg) Buyer will order the New ILC or New Survey. The E.aea.tu C054itS CONTRACT TO BUY AND OREL PEAT. ESTATE (LAND) IGOE/101611:09 1 i�/ 3 idler W1ia)r aura ma+er DocuSign Envelope ID31F30OC4-6ED8-488D-82C2-473DD9779FC8 Docasien Envelope ID: 7F3DFB1D-OFT04244Bal7.4CSA92FAB512 389 New ILC or New Survey may also be a previous ]LC or survey that is in the aboveaequued form, certified end updated as of a 390 daze after the date of this Contract 391 9.1.2. Payment far New TLC or New Survey. The cost of the New TLC or New Survey will be paid, o0 or 392 before Closing. by: O Seller ® Boyer or. 393 N/A 394 395 396 397 398 399 400 401 402 403 404 405 406 407 408 409 410 411 412 413 414 415 416 417 10. PROPERTY DISCLOSURE, INSPECTION, INDEMNITY, INSURABILITY, DUE DILIGENCE AND SOURCE 418 OF WATER. 419 10.1. Seller's Property Disclosers. On or before Seller's Property Disclosure Deadline, Sella agrees to deliver to 420 Buyer the most current vetssion of the applicable Colorado Real fine Commiuion's Seller's Property Disclosure form completed 421 by Sella to Sella s actual knowledge, current as of the dote of this Contract. 422 10.2. Disclosure of Latent Defects; Present Cooditlon. Seller must disclose to Buyer any latent defects actually known 423 by Seller. Seller agrees that disclosure of latent defects will be in writing. Except as otherwise provided in this Contract, Buyer 424 acknowledges duet Seller is conveying the Property to Buys in en "As Is" condition, "Where Is" and "With AB Emits." 423 103. btspectloo. Unless otherwise provided in this Contract, Buyer, acting in good faith, has die right to have inspections 426 (by one or most third patio, personally or both) of the Property and Inclusions (Inspection). et Buyer's expanse. If (1) the 427 physical condition of the Property, including. bat not limited to. the roof, walls, samosa integrity of the Property, the ethnical. 428 plumbing. fVAC and other mechanical systems din Property, (2) the physical condition of the tecclusioas, (3) service to the 429 Property (including utilities sad communication eavices), systems and components of the Property (e.g. holieg and plumbing), 430 (4) any proposed or striating transportation project, mad. seat or highway. or (5) any other activity, odor or noise (whether on or 431 off the Property) and its effect or expected effect on the Property or its occupants is unsatisfactory, in Buyer's sole subjective 432 discretion, Buyer may, on or before Impaction Objection Deodlint.: 433 10.3.1. Notice to laminate. Notify Seller in writing that this Contract is terminated; or 434 103.2. Inspection Objection. Deliver to Seller a written description of any unsatisfactory physical condition that 435 Boyer requires Seller to comm. 436 10.33. Insperdloa Resolution, If an Inspection Objection is received by Seller, on or before Ist � Objectionion Deadline, 437 Deadline, and if Buyer and Sella have nor agreed is writing to a settlement thereof on orbefore Inspection 438 this Contract will terminate on Inspection Resolution Deadline unless Seller ratios Buyer's written withdrawal of the 439 Inspection Objection before such termination. i.e., on Cr before expiration of Inspection Resolution Daadliae. 440 10.0. Damage, Liens and Indemalty. Buyer, except as otherwise provided in this Contract or other wan agreement 441 between the pasties, is responsible for payment for all inspections, tests, amveys, engineering reports, or other reports performed at 442 Buyer's request (Work) and must pay for any damage that occurs to the Property and Inclusions tuatara. of such Work. Boyer 443 max not permit claims or liens of any kind against the Property for Work performed on the Property. Buyer agrees to indemnify, 9.1.3. Delivery of New ILC or New Survey. Buyer. Seller, the issuer of the Title Comminute (or the provider of the opinion of title if an Abstract of Title), and Buyer's Agent will receive a New ILC or New Survey on or before New TLC or New Survey Deadline. 9.1.4. Certffindr a of New TLC or New Survey. The New ILC or New Survey will be certified by the surveyor to all those who ere to receive the New TLC or New Survey. 91. Buyer's Right N Waive or Change New ILC or New Surrey Selection. Buyer may select a New B.C or New Survey difcecet than initially specified in this Contract if there is no additional cwt to Seller or change to the New II.C or New Survey Objection Deadline. Buyer may, in Buyer's sole subjective discretion, waive ■ New TLC or New Survey if done prior to Seller incuniog any cost for the same. 9.3. New TLC or New Survey Objection. Buyer has the right to review and object to the New B.C or New Survey. If the New ILC or New Survey la not timely received by Buyer or is tmntisfacoay to Buyer, in Buyers sole subjective discretion, Buyer may, on or before New TLC or New Surrey Objection Duane, notwithstanding § 33 or 13: 9.3.1. Notice to Terminate. Notify Seller in writing that this Contract is terminated; or 93.2. New TLC er New Survey Objection. Deliver to Sella s written descriptionof my trotter that was to be shown or is shown in the New ILC or New Survey that is unsatisfactory sod that Buyer requires Seller to cams. 9.3.3. New ILC or New Survey Resolution. If a New ILC or Now Survey Objection is received by Seller, on or before New TLC or New Sorry Objection Deadline, and if a Buyer end Seller have not agreed in writing to ■ settlement thereof on w before New ILC or New Survey Resolution Deadline, this Contract will terminate on expiration of the New II.C orNew Stray Resolution Desdtto4 unless Seller receives Buyer's written withdrawal of the New B.C or New Survey Objection before such termination, i.e., on or before expiration of New II.C or New Survey Resolution Deadline. DISCLOSURE, INSPECTION AND DUE DILIGENCE I 0164413. CONTRACT TO SOY AND SELL REALLSTATE(LAND) Ia0V20t1 I I:09 Bayer bdtialaa Seller Lettish Peer .tt8 DocuSign Envelope ID 31F30OC4-6ED8.488D-82C2-473DD9779FC8 DocuSem En5alope 10: 18305010-OFF0.4249-BA17.4C5eMerif 812 444 protect and hold Seller harmless from and against any liability, damage, cost or expense inct red by by Seiler to tieagainst Selld by anysu 445 Work. claim, or lien. This indemnity includes Seller i right to recover all costs and p•" as 446 any such liability, damage. cost or expense, or to enforce this section, including Seller's reasonable attorney fees, legal fees and 447 expenses The provisions of this section survive the rumination of this Contract. This 4 10.4 does not apply to items performed 448 pursuant to an inspection Resolution. 449 105. Insurability. Buyer has the right to review and object to the availability, terms and conditions of and premium for 450 property insaaasce (Property Insurance). Buyer has the Right to 'hrminate under 4 25.1, on or before Property Insurance 451 Objection Deadline. based on any unsatisfactory provision of the Property Insurance, in Buyer's sole subjective location. 452 10.6. Due Diligence. 453 10.6.1. Due Diligence Documents. If the respective box ii checked, Seller agrees to deliver copies of the following 454 documents and information pertaining to the Property (Due Diligence Documents) to Buyer on or betas* Due DiOgatee 455 Documents Delivery Deadline; gem uProperty; 456 O 10.6.1.1. All contracts relating to the operation, maintenance and mane of the 457 Q 10.6.1.2. Property tax bills for the last 3 years; 458 O 10.613. As -built consuuctioo plans to the Property and the tenant improvements, including 459 arcbitectmal, electrical, nrechmicat, and structural systems, engineering reports. and permanent Certificates of Occupancy, to the 460 extent now available; 461 O 10.6.1.4. A list of all Inclusions to be conveyed to Buyer, 462 O 10.615. Operating sutemenu for the past N/A years; 463 O 10.6.1.6. A rent roll accurate and correct to the data of this Contract; 464 O 10.6.1.7. All current leases, including any amendments or other occupancy agreements, pertaining to the 465 Prupaty. Those leases or other occupancy agreements pertaining to the Property that survive Closing are as follows (Leases): 466 none 467 Seller is eel to m cum tae but has not yet process468 O 10.6.1.8. A schedule of any tenant improvement work 469 beat completed and capital improvement week either scheduled or in on the date d his Complete any claims which have been act; 470 ® 10.6.13. MI insurance policies pertaining to the Property and copies of 471 made for the past 3 years; a data pertaining to the Property (� not 472 Li 10.61.10. Soils reports, surveys rod engineering reports 473 delivered earlier under 18.3); mr Phase [ and B atviroomental reports, 474 ® 10.6.1.11. Any and all existing documentation and reports regarding 475 letters, test results, advisories, and similar documents respective to the existence or nonexistence� gss ��• eo �ts transformers. or in a 476 other toxic, hazardous or contaminated substances, and/or underground storage Seller; 47! peusesien a kn wn to Seller, Seller 10.6112. Any Ame crass with lXesbithat no suchlir es Act reports, studiesrts am in Seller's �mtr reys coioo or own to naxning the compliance of 478 O 479 the Property with said Aar; 480 O 10.6.1.13. All permits, licenses and other building or use authorizations issued by any governmental 481 authority with jurisdiction over the Property end written notice of soy violation of any such permits, licenses or me authorizations, 482 if any; and 483 11 10.6.2.14. Other documents and information: 484 Seller to provide any or all of the following that are in Seller's p ion. Surveys, Improvement Location Certificates, Soils Tests, Engineering Reports, Environmental Reports, Phase 1 or Phase 2 Environmental Assessments, or any other pertinent documentation related to the property 485 486 487 Due 488 10.62. Duo DWgence Documents Review and Objection. Buyer has the right to review and object to 489 Diligence Documents. If the Due Diligence Documents are not supplied to Buyer or arc unsatisfactory in Buyer's sole subjective 490 discretion, Buyer may, on or before Due Diligence Documents Objection Deadline. 491 10.6.2.1. Notice to Timinate. Notify Sella in writing that this Contract is terminated; or 492 10.6.2.2. Due Diligence Documents Objection. Deliver to Seller a written description of any 493 unsatisfactory Doe Diligence Documents that Buyer requires Sella to comet. s received 494 10.6.23, Due Diligence Documents Resolution. If a Due Diligence Documents Objection 495 by Sella, an or before Doe Diligence Documents Objection Deadline, and if Buyer and Seller have not agreed in writing to a 496 seulemcnt thereof on or before Due Diligence Documents Reaolutiea Deadline, this Contract will terminate on Doe Diligence caS4.61S. CONTRACT 10.OY AND SELL REAL FSCA7'rtf ) teflyRn141549 auto ialsaL " idler feit4b rage le ern DocuSign Envelope ID 31F30DC4.6ED8-4880.82C2.473009779FC8 0ea,rBae Emabpe I0. 7E30FB1D-0ffO424943A17-405482FA9512 497 Documents Resolution Deadline unless Seller receives Buyer's written withdrawal of the Due Diligence Documenu Objection 498 before such termination, i.e.. on or before espiratioa of Due Diligence Documents Resolution Mediae. 10.63. Zonun ing. Buyer Ms Right to Terminate der 4 25.1, 0n or before Due DHigenes Documents Objection 500 09 inning and any use restriction& imposed by any guvemmeotal agency with jurisdiction over Deadline, based on any unsatisfactory 501 the Property, in Buyer's sole subjective discretion. 502 10.44. Dus Diligence —Earth, ADA. Buyer has the right to obtain environmental inspections of the O Seller® Boyer willcrderorprovide 504 PhasePropertyI including phase I ed Assessment, nt,Phasel W Site Assessments, applicable.� ant(compliant with most current version of the 504 Phase is l lASTM 8152 Site alard p acticefor E II E m m] Sit Assessaleats) and/or N/A. at the emu= 505 applicable I Beyer laanJatd practices for Foci . In an evaluation 506 of O Seller � Buyer (garpronmeotal ireptection). In addition, ]Aryan. at Buyer's expense, may also exlathuet 507 whether the Property complies with the Americans with Disabilities Act (ADA Evaluation). All such inspecSeller's y and evaluations 508 must be conducted at such times as are mutually agreeable to minimize the interruption of Seller's sod any 509 business uses of the Property, if my. 510 if Buyer's Mosel Environmental Site Assessment recommends a Phase 11 Bevi alai Sipbs In t, the ou Objection 511 Environmental Inspection Objection Deadline will be extended by N/A days (Extendedpco 512 Deadline) and if such Extended Havironmeetal Inspection Objection Deadline extends beyond the Closing Date, the Ong Date 513 will be extended a the period of time in such event, O Seller ® Buyer must pay the cost for such Phase D Bnviroomeotal Site 514 Assessmentin this 4 10.65, Buyer less the 515 Narwheslnee u Buyer's tight to obtain additional inspection' bctio a Deadline, or if applicable, the Extended 516 Rigor n Matinee under 4 2jec ern nDlreEnvironmental en, in Buyer's sole 517 Environmental Inspection Objection Deadline, based o¢ any unsatisfactory results of Emuronmental >eaPanti Y 518 subjective disaetion. 519 Buyer has the Right to Terminate under 9 25.1, on or before ADA Evaluation Objection Deadline, on any 520 uosatisfectory ADA Evaluative, in Buyer's auk subjective discretion. 521 10.7. Conditional Upon Sale at Property. This Commit is conditional upon the sale and closing of that certain property 522 owned by Buyer and commodY known as N/A. Buyer has the Right to Terminate 523 under 4 25.1 effective upon Seller's receipt of Buyer's Notice to Trrmiuua on or before Conditional Sap Deadline if such 524 property is not sold and closed by such deadline. This 4 10.7 is for the sole benefit of Buyer. If Seller does sot receive Buyer's 525 Notice to Terminate on or before Conditional Salt Deadline. Land Buyer er waves es any �oghttoTerminate Buyer a O Dante Dore Not this provision. 526 IOle Source of Potable ofWaterSeller's (Residential er Disclosure or Source of Water Addendum disclosing the source of potable water 527 for ryceipt of a copyis Well Buyer Property Does O Does Net acknowledge receipt of a copy of the current well permit. 529 foo the Buyer; SOME WATER o O 529 Note to Buyer: PROVIDERS RELY, TO VARYING DEGREES, ON NONRENEWABLE GROUND 530 WATER YOU MAY WISH TO CONTACT YOUR PROVIDER (OR INVESTIGATE THE DESCR1B16D SOURCE) TO 531 DETERMINE THE LONGTERM SUFFICIENCY OF THE PROVIDER'S WATER SUPPLIES. 532 10.9. ExIsti g Leases; Modification of Exksting Leases; New Lewes. Seller stares that none of the Leases to be assigned 533 to the Buyer at the time of Closing contain soy rent concessions, rent reductionss or extend or batements casal any of ept as disclosed in as nor will the eller 534 Lease or other writing received by Buyer. Seller will not amend, alter, modify, 535 enter into any new leases affecting the Property without the prim written consent of Buyer, which consent will not be unreasonably 536 withheld or delayed. 537 11. TENANT ESTOPPEL STATEMENTS. 538 ll.l. Tenant Estoppel Statements Conditions. Buyer boa the right to review and object to any Estoppel Statements. Statements Desdlae�statements h dafame and ta a copy substancef the Lease 539 0 must c ein and to deliver to Buyer eachoorbefore or tenant Properly (�oppe 540 reasonably acceptable Buyer, from occupant 541 stating: 542 11.LL The commencement due of the Lease and scheduled termination date of the Lair--; 543 11.1.2. said That said Lease is in full force and effect and that these have been no subsequent modifications a 544 amendments; advance rentals paid, rent concessions given, and deposits paid to Salle 546 11.13. The amount of anyro¢W paid to Seller. 546 11.1.4. The amount of monthly (or other applicable period) 547 11.15. That them is no default under the terms of said Lease by landlord or occupant: and of the Isaac demising 548 11.1.6. That the Lease to which the Estoppel is attached is a true, correct sod complete copy 549 the premises it describri to Terminate 4 25.7. on a talon Tenant 550 11.2. 'Doane Estoppel Statements Objection. Buyer bac the Right Statement, under .3role subjective before Te discretion, 551 Estoppel Statements Objection Deadline, based on any unsatisfactory Estoppel CB44-4t5.CONTRACT TO BUY AND SELL REAL ESTATE (LAND) 10/28/2016 1109 Seller taII is Buyer raaat%ell DocuSign Envelope ID 31 F30DC4-EED6-488O.82C2.473DD9779FC8 DoeuSipn Esuawpe ter. Teti. 0FB10JOFFB4249 Ah14C5AB2FA8512 552 or if Seller fails to deliver the Estoppel Statements on or before Tenant Estoppel Statements Deadline. Buyer also has the 553 unilateral right to waive any unsatisfactory Estoppel Statement. 554 555 556 12. CLOSING DOCUMENTS, INSTRUCTIONS AND CLOSING. 557 12.1. Closing Documents and Closing Information. Seller and Buyer will cooperate with the Closing Company to 558 enable the Closing Company to prepare and deliver documents required for Closing to Buyer and Sella and their designees. If 559 Buyer is obtaining a new loan to purchase the Property. Buyer acknowledges Buyer's lender is required to made o. the Cloyer sing 560 Company. in a timely manner, all required loan documents and financial information concerning try 561 Seller will furnish any additional information and documents required by Closing Company that will be necessary to complete this 562 ttantedloa Buyer and Seller will sign and complete all customary or reasonably required tiocumeots at err lecture Claing. 563 12.2- Closing Instructions. Colorado Real Estate Commission's Closing Instructions O Ate 011 Are Not uauted with 564 this Contract will be o¢ the date specified as 565 12.3. Closing. Delivery of deed from Seller to Buyer will be at closing (Closing). Closing 566 the (losing Date orby mutual agreement at an earlier date. The hour and place of Closing will be as designated by 567 mutual asmng parties.and 568 12.4. Disclosure of Setdemttt Costs. Buyer and Seller acknowledge that �tquality,man extent of service vary 569 between different settlement service providers (e.g., attorneys. lenders. inspectors P 570 13. TRANSFER OF TITLE. Subject to tender of payment at dosing as required herein and compliance by Buyer with the ent General Warranty deed 57 B teems and s rag, conv heyuig t PPdlmcmust execute clear of exceepand t the gear eral taxes for the year of Closing. Except as 572 to Biqa, a Closing, will be g vecnmmal liens for improvements 573 provided herein. title will be conveyed free and clear of all liens, including any gospecial - 574 installed as of the date of Buyer's signature hereon, whether sassed or not. Title will be conveyed subject to: 575 13.1. Those specific Exceptions described by reference to recorded documents as reflected in the Title Documents 576 accepted by Buyer in accordance with Record Title, 577 132. Distribution utility taaements (including cable TV), . 578 13.3. Those specifically described rights of third parties not shown by the public records of which Buyer bas actual 579 knowledge and which were accepted by Buyer in accordance with OR -Record Title and New ILC or Nee. Survey, 580 13.4. Inclusion of the Property within any special taxing district, and whether 581 135. Any special assesrmetst if the improvements were not installed as of the date of Buyer's signature teereoa 582 assessed prior to or sfter Closing, and 533 13.6. Other N/A. 584 14. PAYMENT OF ENCUMBRANCES. Any encumbrance required to be paid will be paid at or before Closing from the 585 proceeds of this traasectioa or from any other source. SIC 15. CLOSING COSTS, CLOSING FEE, ASSOCIATION FEES AND TAXES•'ve rioting costs and all other items required 587 15.1. Closing Coats. Buyer and Seller must pay. in Oood Finds, their reaps 588 to be paid at Closing, except as otherwise provided herein. 559 15.2. Closing Services Fee. The fee (or real estate cloning services must be paid at Closing by O Boyer 0 Seller 590 III One -Half by Buyer and One.Balfby Seller O Other N/A. 591 153. Status Letter and Record aroma Fees. Any fees Incident to the issuance of Association's statementt of Seller. 592 assessments (Status Letter) must be paid by O None O Buyer () Seller O One -Half by Buyer p record transfer fees err by S leof name 593 Any le cl a change liAzfen assessedociation by ehoChange Fee must be paid O None O Buyerg. but not limited to. © Seller O One-fhdf by Buyer 594 or title clench fee (Association's Record Change ) 595 and One Half by Seller. 596 (.5.4. Local Transfer Tax. O The Local Transfer lbs of N/A i6 of the Purchase Price must be paid at Closing by 597 O None O Buyer O Seller O Oae.Half by Buyer and °no-tallby Seller. a Closing, such 598 15.5. Private Transfer Fm Private transfer fees and other toes due m a transfer of the Property, payable 599 as community association feet. developer fees and foundation leer. must be paid at Closing by O None O Buyer O Seller 600 O One -Half by Buyer and One•Bulf by Seller. The Private Transfer fee, whether one or mote, is foe the following assoeratf0m(a): 60! N/A i¢ the total amount of N/A % of the Purchase pRco or S N/A. 602 15.6. Water Transfer Fees. The Water Transfer Fees can change. The fed, as of the date of this Contract, do not exceed 603 S N/A for: 6p4 O Water Stock/Certificates O Water District I CLOSING PROVISIONS Ca6M-€ri.corrntntACT TO BUY AND SELL REAL ESTATE (LAM Inaaf10t61IA9 I FiV Saar WOW: Burry idW Taal liar in DocuSign Envelope ID, 31F30DC4-6EDB-4880-82C2-473DD9779FC8 0oer,Slpn Envelope D: TE90FSlo-0FFe4247-13A174C5Aa2FAS512 605 O Augmentation Membership O Small Domestic Water Company O N/A 606 and must be paid at Closing by O None O Buyer O Seller O One -Half by Buyer and Ome•IIali by Seller 607 15.7. Sales and Use Tax. Any sales and use tax that may accrue because of this transaction must be paid when due by 608 O None O Buyer O Seller O One -Hatt by Buyer and One•Half by Seller . 609 16. PROBATIONS. The following will be prorated to Closing Date, except as otherwise provided: 610 16.1. Taxes. Penooal properly Mot, if any, special taxing district asacasmentt, i any, and Most general Recent a tteal ate Levy and axes for the 611 year of Closing, based on ❑ Taxes for the Calendar Year Immediately Preceding Closing 612 Most Recant Mimed Valuation. O Other N/A 613 16.2. Recta. Reads based on O Rads Actually Received O Accrued. At Closing, Seller will transferor credit to 614 Buyer the security deposits for all lease assigned, or any remainder after lawful deductions, and notify all tenants in writing of 615 such transfer and of the transferee's acme and address. Seller must assign to Buyer all Leases in effect at Closing and Stayer must 616 assume Seller's obligations under such Leases. 617 16.3. Association Asatemaents. Current regular Association assessments and dues (Association Assessments) paid in 618 advance will be credited to Seller at Closing. Cash reserves held not of the regular Association Assessments for defected 619 maintenance by the Association will not be credited to Seller except en may be otherwise provided by the Governing Documents. 620 Buyer acknowledges that Buyer may be obligated to pay the Association, at Closing, an amount for mann or working CastesCastes®� Except aL 621 Any epeeist assessment assessed prior to Castes Date by the Anaciation will be die obligation of O Bayer 622 however, any special assessment by the Association for improvements that have been installed as of s the date theAssociationof Buyer's signalize 623 bacon, whether assessed prior to or after Closing,ill be the obligation and that there pSeller. Seller � unpaid ke 624 Asaestmenu ate currently payable at approximately S per year ular 625 or special assessments against the Property except the current regular asseaamecua and N/A. Such ant the Association to 626 assessments are subject to change as provided in the Governing Documents. Seller agrees to promptly n'4 627 deliver to Buyer before Clueing Date a current Status Letter. and N/A 628 16.4. Other Prorstloos• Water and sewer charges. propene. interest on co 629 16.5. Final Settlement. Unless otherwise agreed in writing, these aerations continuing are final. ta 630 17. POSSESSION. Possession of site Property will he delivered to Buyer on Possession Date at Possession lime, subject to 631 the Leases as set forth in i 10.6.1.7. 632 633 634 635 636 637 18. DAY; COMPUTATION OF PERIOD OF DAYS, DEADLINE.at 1139p.m.. United States Mountain 63918.1. Day. As used in this Contract, dieters "day" means the entire day ending 639 Time (Standard or Daylight Savings as applicable). 640 18.2. Computation of Period of Data, Deadline. In computing a period of days, when the ending date is not specified 641 the fist day is excluded and the last day is included (e.g.. three days after MEC). If any deadline falls on a Saturday, Sunday or 642 federal or Colorado state holiday (Holiday), Sorb deadline i + WLI O WBI Not be extended to the next day that is not 643 Saturday. Sunday or I Ioliday. Should neither box be checked, the deadline will pot be extended. 644 19. CAUSES OF LOSS, INSURANCE; DAMAGE TO INCLUSIONS AND SERVICES; CONDEMNATION; AND in this Contract, the Property. Inclusions or both will be delivered in the 645 WALK-Ti1StOUGii Except as otherwise provided_ 646 condition existing as of the date of this Contract ac event ntinary� wear and to r excepted. pdamaged by Bte other perils or causes of 648 Iisr Causes iofo Lou,souof setDamage), and if the repair of 648 bass prior to Closing in so amount of not more then ten (steer of the total Purchase Price S(ProPatY� receipt of the insurance 649 the damage will be paid by insurance (other than the deductible to be paid by o the insta under 650 proceeds, will use Seller's reasonable efforts to repair the Property haloes Closing Date. Buyer has the Right 651 i 2.5.1, on or before Closing Date if the Property is not repaired befote Closing Date or if the daaage =cads sultana'. Should 652 Buyer elect to tarty out this Contract despite such Property Damage, Buyer is entitled to a credit at Closing for all immune* 653 proceeds that were received by Sella (but not the Association, if any) resulting from damage to the Property and Inclusions, plus 654 the amount of any deductible provided for in the insurance policy. This credit may not exceed the Patellae Price. In the event 655 Seller has not received the insurance proceeds prior to Closing, the parties may agree to extend the Closing Date to have the at Closing. if 656 Property repaired prior to Closing or, at the option of Buyer, (I) Seller must assign to Buyer o a to the agreement prepared Closing, ibyn . if 657 acceptable to Seller's insurance company and Buyer's leader; or (2) the patties may enter If Seller, alter Closing, fails to deliver possession as specified. Seller will be subject to eviction and wilt be additionally liable to Buyer for payment of S N/A per day (or any pat of a day notwithstanding i 18.1) from Possession Date and Penman Time until possession is delivered. GENERAL PROVISIONS I Cnl4.b15. CONTRACT TO BUY Me SELL REAL ESTATE MAW)} tennorots t1:n9 1 eat SrneIBpats Rorer tat Pap 13 eta DocuSign Envelope ID: 31F30DC4-6ED8-488D-8202-4730D9779FC8 DaceBl6n Envelope ID: 7E3OF91 DOFF0.4249-BA17.aC5M2FA6612 658 parties or their attorney requiring the Seller to escrow at Closing from Seller's sale proceeds the amount Sellerhas received and 659 will receive due to such damage, not exceeding the total Purchase Price, plus the amount of any deductible that applies to the 660 insurance claim. 661 19.2. Damage, indhsloes and Services. Should any Inclusion or service (including utilities and communication 662 services), system, component or 6xtune of the Property (collectively Service) (e.g., heating or plumbing), fail or he damaged 663 between the date of this Contract and Closing or possession, whichever is earlier, then Seller is liable for the repair or replacement 664 of such Inclusion or Service with a unit of similar size, age and quality, or an equivalent =edit, but only to Ike extent that the 665 maintenance or replacement of such Inclusion or Service Is not the responsibility of the Association, if any, less any insurance 666 procceda received by Buyer covering such repair or replacement. If the failed or damaged Inclusion or Service is not repaired or 667 replaced on or before Closing or possession, whichever is earlier, Buyer has the Right to Terminate under 4 25.1, on or before 668 Closing Date, or, at the option of Buyer. Buyer is entitled to a credit at Closing for the repair or replacement of such Inclusion or 669 Service. Such credit must not exceed the Purchase Price. If Buyer receives such a credit, Seller's right for any claim against the 670 Association, if any, will survive Closing. Seller and Buyer are swam of the existence of preowned home watrmry programs that 671 may be purchased and may cover the repair or replacement of such Inclusions. 672 19.3. Condemnation. In the event Seller receives actual notice prior to Closing that a pending condaunation action may 673 result in a taking of all or part of the Property or Inclusions. Seller must promptly notify Buyer, in writing, of such coedauuatien 674 action. Buyer has the Right to Terminate under § 25.1, on or before Claslag Data, based on such condemnation acti=n. in Buyer's 675 sole subjective discretion. Should Buyer elect to consummate this Contract despite such diminution of value to the Property and 676 Inclusions, Buyer is entitled to a credit at Closing for all condemnation proceeds awarded to Seller for the diminution in the value 677 of the Property or Inclusions but such credit will out include relocation benefits or expenses, or exceed the Purchase Price. 678 19.4. Walk•Tlnough and Verification of Condition. Buyer, upon reasonable notice, has the tight to walk through the 679 Property prior to Closing to verify that the physical condition of the Property and inclusions complies with this Contract. 680 195. Risk of Loa —Growing Crops. The risk of loss for damage to growing crops by fire or other casualty will be bane 681 by the party entitled to the growing crops as provided in 4 2.8 and such party is entitled to such insurance proceeds or benefits for 682 the growing crops. 683 20. RECOMMENDATION OF LEGAL AND TAX COUNSEL. By signing this Contract, Buyer and Seller acknowledge 684 that the respective broker has advised that this Contract has important legal consequences and has recommended the examination 685 of title and consultation with legal and tax or other counsel before signing this Contract. 686 21. TIME OF ESSENCE, DEFAULT AND REMEDIES. Time is of the essence for all dates and deadlines in this Contract. 687 This means that all dates and deadlines are strict and absolute. If any payment due, including Earnest Money, is not paid, honored 688 or tendered when due, or if any obligation is not performed timely as provided in this Contract or waived, the non-dereuh ing 689 party has the following remedies: 690 21.1. If Buyer is in Default: 691 0 21.1.1. Specific Performance Seiler may elect to cancel this Contract and all Earnest Money (whether or not paid 692 by Buyer) will be paid to Seller and retained by Seller. it is agreed that the Earnest Money is not a penalty. and the Parties agree 693 the amount is fair and reasonable. Seller may recover such additional damages as may be proper. Alternatively, Seller may elect 694 to treat this Contract as being in full force and effect and Seller has the tight to specific performance cr damages, or both. 695 21.1.2. Liquidated Damages, Applicable. This 4 21.1.2 applies unless the box in S 21.1.1. is diske=d. Seller 696 may cancel this Contract. All Earnest Money (whether or not paid by Buyer) will be paid to Sella, end retained by Seller. It is 697 agreed that the Earnest Money sperified'ut § 4.1 is LIQUIDATED DAMAGES, and not a penalty, which amount the parties agrec 698 is fair and reasonable and (except as provided in 4410.4.22, 23 and 24), said payment of Earnest Money is SELLER'S ONLY 699 REMEDY for Buyers failure to perform the obligations of this Contract. Sella expressly waives the remedies of specific 700 performance and additional damages. 701 21.2. If Sdler is in Default Buyer may elect to treat this Contract as canceled, in which case all EarnestMoney received 702 hereunder will be returned and Buyer may recover such damages as may may�treat thin be peeper. Alternatively, Buyer m 703 Contract as being is full force and effect and Buyer has the right to specific performance or damages, or both. 704 22. LEGAL trEES, COST AND Z3 'ENSFS. Anything to the contrary herein notwithstanding, in the event of any arbitration 705 or litigation relating to this Contract prior toot after Closing Date, the arbitrator or court must award to the prevailing party all 706 reasonable coats and expenses, including attorney fees, legal fees and expenses - 707 23. MEDIATION. If a dispute arises relating to this Contract, (whether prior to or after Closing) and is not resolved, the parties 708 must first proceed. in good faith, to mediation. Mediation ilia process in which the parties meet with an impartial prison who helps 709 to resolve the dispute informally and confidentially. Mediators cannot impose binding decisions. Before any mediated settlement is '710 binding, the parties to the dispute must agree to the settlement in writing. The parries will jointly appoint en acceptable mediator 711 and will share equally in the cost of such mediation. The obligation to mediate, unless otherwise agreed, will terminate if the entire Cas4i•15. CONTRACT TORUS AND SELL REAL ESTATE (LAND) IONS/2016 11.09 Buyer WWI Seger t.tu.ts rase 14 of to DocuSign Envelope ID: 31FI0DC4•6ED8-488O-82C2.473OD9779FC8 Doculiyn Envelope P: 7E3DFBID-0FF0.421B-8A17-4CSAE2FABSt2 712 dispute is not resolved within thirty days of the date writhe notice requesting mediation is delivered by one party to the other at 713 that party's lnt known address (phyeicai or electronic as provided in ¢ 27). Nothing in this Section prohibits either party from 714 filing a lawsuit and recording a fie pendms affecting the Property, before or alter the data of written notice requesting mediation. 715 This section will not alter any due in this Contract, unless otherwise agreed. 716 24. EARNEST MONEY DISPUTE. Except as otherwise provided herein, Earnest Money Holder must release the Barnett 717 Money following receipt of writhe mutual Methatiom, signed by both Buyer and Seller. In the event of any controversy regarding 718 the Earnest Money, Earnest Money Holder is not required to release the Earnest Money. Earnest Money Holder, in its sole 719 subjective drsctnion, has several options: (1) wait for any proceeding between Buyer and Seller; (2) interplead all parties and 720 deposit Earnest Money into a court of competent jurisdiction, (Earnest Money Holder is entitled to recover ors[ costs and 721 reasonable attorney and legal fees roamed with each action); or (3) provide notice to Buyer and Seller that unless E melt Money 72.2 Holder receives a copy of the Srnamoos and Complaint or Claim (between Buyer and Seller) containing the ease number of the 723 lawsuit (Lawsuit) within one hundred twenty days of Earnest Macey Holder's notice to the parties, Earnest Money Holler it 724 authorized to return the Earnest Money to Buyer. In the event Banrst Money Holder does receive a copy of the Lawsuit, and has 725 not interpled the monies at the time of any Order, Earnest Money Holder must disburse the Earnest Money pursuant to the Order 726 of die Court. The parties reaffirm the obligation of Mediation. This Section will survive cancellation or termination of this 727 Contract. 728 25. TERMINATION. 729 25.1. Right to Terminate. If a party beatifies to terminate, as provided in Chia Contract (Right to Terminate), the 730 termination is effective upon the other party's receipt of a written notice to terminate (Notice to laminate), provided such written 731 notice was received on or before the applicable deadline specified in this Contract. If the Notice to Thertainain is sot received on or 732 before the specified deadline, the party with the Right to Teretioate accepts the specified matter, documrat or condition as 733 satisfactory and waives the Right to Terminate under ouch provision. 734 25.2. Effect of hnnlnellen. In the event this Contract is terminated. all Eameat Motley received hereunder will be 135 returned and the parties are relieved of all obligations hereunder, subject to 3) 10.4. 22,23 and 24. 136 26. ENTIRE AGREEMENT, , MODIFICATION, SURVIVAL; SUCCESSORS. This Contract, its exhibits and specified 737 addenda, coaatitute the motile agreesoent between the parties relating to the subject hereof, and any prior agteemeots pertaining '138 thereto. whether oral or written, have been merged and integrated into this Contract. No subsequent snodifiestion of any of the 739 teams of this Contract is valid, binding upon the patties, or enforceable unless made in writing and signed by the parties. Any right 740 or obligation in this Contract that, by its tams, exists or is intended to be performed after termination or Closing survives the 741 sate. Any sursessor to ■ Parry receives the predecessor's benefits and obligations of this Contract 742 27. NOTICE, DELIVERY, AND CHOICE OF LAW. 743 271. Physical Delivery sad Notice. Any document, or notice to Buyer or Seller mutt be in wetting, except as provided in 744 f 27.2, and is effective when physically received by such party, any individual named in this Contract to naive documents or 745 notices far such party, the Broker, or Brokerage Firm of Broker working with such perry (except any notice or delivery after 746 Closing react be received by the party, not Broker or Brokerage Fuel). 747 27.2. Electrotde Notice. As an alternative to physical delivery, any notice, may be delivered in electronic form to Buyer 748 or Seller, any individual earned in this Contract to receive documents or notices foe such patty, the Brokeror Brokerage Firm of 749 Broker working with such party (except any notice or delivery after Cloaog must be received by the party, not Broker or 150 Brokerage firm) at the electronic address of the recipient by facsimile, email or Internee. 751 27.3. FJe clrauie Delivery. Electronic Delivery of doc:mhenu sad notice may be delivered by: (1) email at the email 752 address of the recipient, (2) a link or soma to a website or server provided the 'veiniest receives the information necessary to 753 access the documents, or (3) fuaimile at the Pan No. of the recipient. 754 27.4. Choice of Law. This Contract and all disputes arising hereunder arc governed by sod caromed in accordance with 755 the laws of the State of Colorado that would be applicable to Colorado residents who sign a contract in Colorado for real property 756 located in Colorado, 757 ZS. NOTICE OF ACCEPTANCE, COUNTERPARTS. This proposal will spite unless accepted in writing, by Buyer and 758 Seller, as evidenced by their signatures below, and the offering pray receives notice of such acceptance pursuant to 27 on or 759 before Acceptance Deadline Date and Acceptance Deadline Ilme. If accepted, this document will become a contract between 760 Seller and Buyer. A copy of this Contract may be executed by each party, separately, and when each panty has executed a copy 761 thereof, such copies taken together arc deemed to be a fill and complete contract between the peaks. 762 29. GOOD FAITH. Buyer and Seller acknowledge Chet each party has as obligation to act in good faith including, but not Ca54a•l9. cOR1 ACTTiO SUY AND SELLRSAL SWATS (LAND) terferatf t1Aa Buren t taut 5v5e Wads �\ Pop IS gins DocuSign Envelope ID' 31r30DC4-6ED8-4880-8202-4730Dg779FC8 Ooa,Slgn Envelope ID: 7E3DFBID-0FF04249.13A17-4C5AL2FA8512 763 limited to, exercising the rights and obligations set forth in the pcoviiious of Financing Conditions and Obligations. Tide 764 Insurance, Record Tide and Off -Record Mk, New ILC, New Survey sad Property Disclosure, Inspection, Indemnity, 765 Insurability, Due Diligence, Buyer Disclosure and Source of Water. 766 767 768 769 770 771 712 773 774 775 776 777 31. ATTACHMENTS. 778 31.1. The following anaehmens are a part of this Contract 779 N/A 780 781 782 783 784 31.2. The following disclosure foetus are attached but are not a part of this Contract: 785 N/A 786 787 788 ADDII1ONAL PROVISIONS AND ATTACHMENTS 30. ADDITIONAL PROVISIONS. (the following additional provisions have not been approved by the Colorado Real Estate Commission.) N/A 789 790 SIGNATURES BuyereName:Outworld Property Investment, LLC Cesc1EMUCWA+ra _ Buyer's Signature Brian Polies Address: 8215 Cattail Drive Went, CO 80503 Phone No.: N/A Fax No.: N/A Email Addles!: bgfuller. outvorldegn ail . con 10/28/2016 Date 791 (NOTE: If this otter is being countered or rejected, do not sign this document. Refer to 1321 Seller's Nagoe: Longmont Vista/ View Real Estate, Inc l (' �k p I/LL'I Sellar'6 S denathan lapin Ca54.45. CONrRACTTO KM AM SELL REAL ESTATE (LAND) 10/2V2016 11 D9 Eye If if IS Bute JnthL ' Stile wWL DoctiSign Envelope ID: 31F30DC4-5EO8.488O-82C2-473DD9779FC8 DoouSign Envelope 10:1 30FB1D-OFFO-4249.OA17-4C5A62FAB512 Address: 2200 Rittenhouse Street 1175 Des Moines, IA 50321 Phone No.: N/A Fax No.: N/A Email Address: N/A 792 793 32. COUNTER; REJECTION. This offer is O Countered O Rejected. 794 Initials only of party (Bayer or Seller) who countered or rejected offer 795 END OF CONTRACT TO BUY AND SELL REAL ESTATE 33. BROKER'S ACKNOWLEDGMENTS AND COMPENSATION DISCLOSURE. (To be completed by Broker working with Buyer) Broker O Does ® Does Not acknowledge receipt of Earnest Money deposit and, while not a party to the Contract, agrees to cooperate upon request with any mediation concluded under; 23. Broker agrees that if Brokerage Finn is the EarnestMoney Holder and. except as provided in 924, if the Earnest Money has not already been returned following receipt of a Notice to Terminate or other written notice of temdnation, Earns: Money Holder will release the Earnest Money as directed by the written mutual instructions. Such release of Earnest Money will be made within five days of Earnest Money Holder's receipt of the executed written mutual instructions, provided the Earnest Money check has cleared. Broker it working with Buyer as a ® Buyer's Agent O Seller's Agent O Transaction -Broker in this transaction. Q This is a Change of Status. Brokerage Firm's compensation or commission is to be paid by 0 Listing Brokerage Flom O Buyer O Other N/A. Brokerage Firm's Name: Broker's Name: Address: Phone Nu.: Fax No.: Email Address: LIV Sotheby's Intl Realty Jeffery Erickson Cax.oyeaN �iNl fricCsdN. "ao,-ncarc- 10/28/2016 Broker's Signature: Date 1050 Walnut St Ste 100 Boulder, CO 80302 (303) 443-6161 (303) 443-8822 jeff.erickaon@sothebyssealty.cur, 34. BROKER'S ACKNOWLEDGMENTS AND COMPENSATION DISCLOSURE. (To be completed by Broker working with Seller) Broker O Does ® Does Not acknowledge receipt of Earnest Money deposit and, while not a party to the Contract, agrees to cooperate upon request with any mediation concluded under 923. Broker agrees that if Brokerage Flue is the Earnest Money Holder and. except as provided in fr 24, ell= Earnest Money bas sot already been retuned following receipt or i Notice to Terminate or other written notice of termination, Earnest Money Holder will release the Earnest Money as directed by the wrince mutual instructions. Such mime of Earnest Money will be made within five days of Earnest Money Holder's receipt of the executed written mutual instmctioos, provided the Earnest Money cheek has cleared. Broker is working with Seller as a © Seller's Agent O Buyer's Agent O Tramaetion.Broker in this transaction. CBSe6-Is. CONTRACT TO BUY AND SELL BEAL ESTATE(LAND) lOnt1201611:09 Boyer bey Seller tetnda ['Sr 17 of la DocuSign Envelope 10: 31 F30DC4-6E08-4880-8202-473009779FC8 Oacunn Envelope tO: 7E30FB10-OFF04249.8A174CSA32FAB812 0 This is a Change of Status. Brokerage Firms compensation or commission is to be paid .r ® er 0 Buyer 0 Other N/A . Brokerage Firm's Name: Broker's Name: Address: Phone No.: Fax No.: Email Address: 196 Kingdom - Hunt gnature: as 21 f' Ken Brett Blvd k100 Longmont, CO 80301 (303) 776-3344 (303) 776-3311 dhuntevkra. oom tai CD$4-i-t£ CONTRACTTOMN AND SILL REAL ESTATE (LAND) IN1t101611:09 ('- rite II of Buyer lntWb.% Shcer(nidale f\ Vista View Drive, Suites B, C, and D, Longmont, Colorado 80504. (c) The rental payment amount for any partial calendar months included in the lease term shall be prorated on a daily basis. (d) Landlord reserves the right to increase the Rent for any renewal term, by an amount not to exceed the greater of the then -current official Consumer Price Index, All Urban Consumers, National Average Unadjusted or three (3%) percent. 4. Tenant shall retain all control over its employees, agents and methods of operation. Nothing contained in this Lease shall be construed to create an employer -employee or partnership or joint venture relationship between Landlord and Tenant S. Prohibited Uses. Notwithstanding the forgoing, Tenant shall not use the Leased Premises for the purposes of storing, manufacturing or selling any explosives, flammables or other inherently dangerous substance, chemical, thing or device, unless approved in writing by Landlord. 6. Sublease and Assignment. a) Tenant shall have the right with Landlord's consent, to assign this Lease to a business with which Tenant may merge or consolidate, to any subsidiary of Tenant, to any corporation under common control with Tenant, or to a purchaser of a controlling equity interest in the Tenant or substantially all of Tenant's assets. b) Except as set forth above, Tenant shall not sublease all or any part of the Leased Premises, or assign this Lease in whole or in part without Landlord's consent. 7. Repairs. During the Lease term, Tenant shall make, at Tenant's expense, all necessary repairs to the Leased Premises. Repairs shall include such items as routine repairs of floors, walls, ceilings, and other parts of the Leased Premises damaged or worn through normal occupancy, except for the replacement of major mechanical systems or the roof, subject to the obligations of the parties otherwise set forth in this Lease. The Landlord shall, at the Landlord's expense, maintain any portion of the Premises consisting of structural elements of the Leased Premises. 8. Alterations and Improvements. Tenant, at Tenant's expense, shall have the right, upon obtaining Landlord's consent, to remodel, redecorate, and make additions, improvements and replacements of and to all or any part of the leased Premises from time to time as Tenant may deem desirable, provided the same are made in a workmanlike manner and utilizing good quality materials. Tenant shall have the right to place and install personal property, trade fixtures, equipment and other temporary installations in and upon the Leased Premises, and fasten the same to the premises. All personal property, equipment, machinery, trade fixtures and temporary installations, whether acquired by Tenant at the commencement of the Lease term or placed or installed on the Leased Premises by Tenant thereafter, shall remain Tenant's property free and clear of any claim by Landlord. Tenant shall have the right to remove the same at any time during the term of this Lease provided that Tenant shall repair, at Tenant's expense, all damage to the Leased Premises caused by such removal. 9. Property Taxes. Landlord shall pay, prior to delinquency, all general real estate taxes and installments of special assessments coming due during the Lease term on the Leased Premises, and ail personal property taxes with respect to Landlord's personal property, if any, on the Leased Premises. Tenant shall be responsible for paying all personal property taxes with respect to Tenant's personal property at the Leased Premises. 10. Insurance and Indemnity. a) If the Leased Premises is damaged by fire or other casualty resulting from any act of negligence by Tenant or by any of Tenant's agents, employees or invitees, rent shall not be diminished or abated while such damages are under repair, and Tenant shall be responsible for the costs of repair not covered by insurance. b) Landlord shall maintain fire and extended coverage insurance on the Leased Premises in such amount, as Landlord shall deem appropriate. Tenant shall be responsible, at its expense, for fire and extended coverage insurance on all of its personal property, including removable trade fixtures, located in the Leased Premises. c) Tenant and Landlord shall, each at its own expense, maintain a policy or policies of comprehensive general liability insurance with respect to the particular activities of each in the Leased Premises with the premiums thereon fully paid on or before due date. Such insurance policy shall be issued by and binding upon an insurance company reasonably approved by Landlord, and shall afford minimum protection of not less than One Million Dollars (USD $1,000,000.00) combined single limit coverage of bodily injury, property damage or combination thereof Upon request, Tenant shall provide Landlord with current Certificates of Insurance evidencing Tenant's compliance with this Paragraph Landlord shall be named as an additional insured under Tenant's policies of insurance under Tenant's policies of insurance to the extent Landlord is indemnified pursuant to the indemnification provision in this Lease. d) Except as otherwise expressly provided in this Lease, Tenant and Landlord shall defend, indemnify and hold each other harmless from and against all claims, liability, loss and expense, including reasonable costs, collection expenses, legal fees, and court costs which may arise because of the negligence, misconduct, or other fault of the indemnifying party, its agents or employees in performance of its obligations under the Lease. Notwithstanding the foregoing, with respect to property damage, for which the parties maintain a system of coverage on their respective property, each party hereto waives its rights, and the rights of its subsidiaries and affiliates, to recover from the other party hereto and its subsidiaries and affiliates for loss or damage to such party's building, equipment, improvements and other property of every kind and description resulting from fire, explosion or other cause normally covered in standard broad form property insurance policies. This clause shall survive termination of the Lease. 11. Utilities. Tenant shall pay all charges for water, sewer, gas, electricity, telephone and other services and utilities used by Tenant on the Leased Premises during the term of this Lease unless otherwise agreed in writing by Landlord. In the event that any utility or service provided to the Leased Premises is not separately metered, Landlord shall pay the amount due and separately invoice Tenant for Tenant's pro rata share of the charges. 12. Signs. Following Landlord's consent, Tenant shall have the right to place on the Leased Premises, at locations reasonably selected by Tenant, any signs which are permitted by applicable zoning ordinances and private restrictions. Landlord may refuse consent to any proposed signage that is in Landlord's reasonable opinion too large, deceptive, unattractive or otherwise inconsistent with or inappropriate to the Leased Premises. Landlord shall assist and cooperate with Tenant in obtaining any necessary permission from governmental authorities or adjoining owners and occupants for Tenant to place or construct the foregoing signs. Tenant shall repair all damage to the Leased Premises resulting from the removal of signs installed by Tenant 13. Entry. Landlord shall have the right to enter upon the Leased Premises at reasonable hours to inspect the same, provided Landlord shall not thereby unreasonably interfere with Tenant's business on the Leased Premises. 14. Parking. During the term of this Lease, Tenant shall have the non-exclusive use in common with Landlord, other tenants of the Building, their guests and invitees, of the non - reserved common automobile parking areas, driveways, and footways, subject to rules and regulations for the use thereof as prescribed from time to time by Landlord. Landlord reserves the right to designate parking areas for Tenant and Tenant's agents and employees. Tenant shall provide Landlord with a list of all license numbers for the cars owned by Tenant, its agents and employees. 15. Building flutes. Tenant will comply with the rules of the Leased Premises adopted and altered by Landlord from time to time and will cause all of its agents, employees, invitees and visitors to do so; all changes to such rules will be sent by Landlord to Tenant in writing and such rules shall be deemed incorporated herein for all purposes. 16. Damage and Destruction. If the Leased Premises or any part thereof or any appurtenance thereto is so damaged by fire, casualty or structural defects, such damage or defects not being the result of any act of negligence by Tenant or by any of Tenant's agents, employees or invitees, that the same cannot be used for Tenant's purposes, then Tenant shall have the right within ninety (90) days following damage to elect by notice to Landlord to terminate this Lease as of the date of such damage. In the event of minor damage to any part of the Leased Premises, and if such damage does not render the Leased Premises unusable for Tenant's purposes, Landlord shall promptly repair such damage at the cost of the Landlord. In making the repairs called for in this paragraph, Landlord shall not be liable for any delays resulting from strikes, governmental restrictions, inability to obtain necessary materials or labor or other matters which are beyond the reasonable control of Landlord. Tenant shall be relieved from paying rent and other charges during any portion of the Lease term that the Leased Premises are inoperable or unfit for occupancy, or use, in whole or in part, for Tenant's purposes. Rentals and other charges paid in advance for any such periods shall be credited on the next ensuing payments, if any, but if no further payments are to be made, any such advance payments shall be refunded to Tenant. The provisions of this paragraph extend not only to the matters aforesaid, but also to any occurrence which is beyond Tenant's reasonable control and which renders the Leased Premises, or any appurtenance thereto, inoperable or unfit for occupancy or use, in whole or in part, for Tenant's purposes. 17. Default. In the event of a default made by Tenant in the payment of rent when due to Landlord, Tenant shall have fifteen (15) days after receipt of written notice thereof to cure such default. In the event of a default made by Tenant in any of the other covenants or conditions to be kept, observed and performed by Tenant, Tenant shalt have thirty (30) days after receipt of written notice thereof to cure such default. In the event that the Tenant shall fail to cure any default within the time allowed under this paragraph, landlord may declare the term of this Lease ended and terminated by giving Tenant written notice of such intention, and if possession of the Leased Premises is not surrendered. Landlord may re-enter said premises. Landlord shall have, in addition to the remedy above provided, any other right or remedy available to Landlord on account of any Tenant default, either in law or equity. Landlord shall use reasonable efforts to mitigate its damages. 18. Quiet Possession. Landlord covenants and warrants that upon performance by Tenant of its obligations hereunder, Landlord will keep and maintain Tenant in quiet, peaceable and undisturbed and uninterrupted possession of the Leased Premises during the term of this Lease. 19. Termination. At the expiration of the Tee in or sooner termination of the Term, the Tenant shall: (a) peaceably surrender and yield up unto Landlord, in good and substantial repair and condition, normal wear and tear excepted, the Leased Premises together with all appurtenances, fixtures, installations and improvements which at any time during the Term shall have been made therein or thereon, free and clear of any encumbrances, fixed or floating charges, or liens whatsoever; (b) peaceably surrender and deliver up unto Landlord, free and clear of any encumbrances, fixed or floating charges, or liens whatsoever, immediate ownership and possession of all trade fixtures and equipment including all stoves, grills, ovens, dishwashing equipment, refrigeration units, shelving, lighting fixtures, carpeting, wall covering and bar equipment used in connection with the Premises. 20. Condemnation. If any legally, constituted authority condemns the Building or such part thereof which shall make the Leased Premises unsuitable for leasing, this Lease shall cease when the public authority takes possession, and Landlord and Tenant shall account for rental as of that date. Such termination shall be without prejudice to the nghts of either party to recover compensation from the condemning authority for any loss or damage caused by the condemnation. Neither party shall have any rights in or to any award made to the other by the condemning authority. 21. Subordination. Tenant accepts this Lease subject and subordinate to any mortgage, deed of trust or other lien presently existing or hereafter arising upon the Leased Premises, or upon the Building and to any renewals, refinancing and extensions thereof, but Tenant agrees that any such mortgage shall have the right at any time to subordinate such mortgage, deed of trust or other lien to this Lease on such terms and subject to such conditions as such mortgage may deem appropriate in its discretion. Landlord is hereby irrevocably vested with full power and authority to subordinate this lease to any mortgage, deed of trust or other lien now existing or hereafter placed upon the Leased Premises of the Building. Tenant agrees that it will from time to time upon request by Landlord execute and deliver to such persons as Landlord shall request a statement in recordable form certifying that this Lease is unmodified and in fill force and effect (or if there have been modifications, that the same is in full force and effect as so modified), stating the dates to which rent and other charges payable under this Lease have been paid, stating that landlord is not in default hereunder (or if Tenant alleges a default stating the nature of such alleged default) and further stating such other matters as Landlord shall reasonably require. 22. Notice. Any notice required or permitted under this Lease shall be deemed sufficiently given or served if sent by first class, certified mail, return receipt requested, addressed as follows: Landlord: 1725 Vista View Drive Suites B, C, and D Longmont, Colorado 80504 Tenant: 1725 Vista View Drive Suites B, C, and D Longmont, Colorado 80504 Landlord and Tenant shall each have the right from time to time to change the place notice is to be given under this paragraph by written notice thereof to the other party. 23. Brokers. Tenant represents that Tenant was not shown the Premises by any real estate broker or agent and that Tenant has not otherwise engaged in, any activity which could form the basis for a claim for real estate commission, brokerage fee, finder's fee or other similar charge, in connection with this Lease. 24. Waiver. No waiver of any default of Landlord or Tenant hereunder shall be implied from any omission to take any action on account of such default if such default persists or is repeated, and no express waiver shall affect any default other than the default specified in the express waiver and that only for the time and to the extent therein stated. One or more waivers by Landlord or Tenant shall not be construed as a waiver of a subsequent breach of the same covenant, term or condition. 25. Memorandum of Lease. The parties hereto contemplate that this Lease should not and shall not be filed for record, but in lieu thereof, at the request of either party, Landlord and Tenant shall execute a Memorandum of Lease to be recorded for the purpose of giving record notice of the appropriate provisions of this Lease. 26. Readings. The headings used in this Lease are for convenience of the parties only and shall not be considered in interpreting the meaning of any provision of this Lease. 27. Successors. The provisions of this Lease shall extend to and be binding upon Landlord and Tenant and their respective legal representatives, successors and assigns 28. Consent. Landlord shall not unreasonably withhold or delay its consent with respect to any matter for which Landlord's consent is required or desirable under this Lease. 29. Performance. If there is a default with respect to any of Landlord's covenants, warranties or representations under this Lease, and if the default continues more than fifteen (15) days after notice in writing from Tenant to Landlord specifying the default, Tenant may, at its option and without affecting any other remedy hereunder, cure such default and deduct the cost thereof from the next accruing installment or installments of rent payable hereunder until Tenant shall have been fully reimbursed for such expenditures, together with interest thereon at a rate equal to the lesser of eight percent (8%) per annum or the then highest lawful rate. 30. Compliance with Law. Tenant and Landlord each shall comply with all laws, orders, ordinances and other public requirements now or hereafter affecting the Leased Premises. 31. Final Agreement. This Agreement terminates and supersedes all prior understandings or agreements on the subject matter hereof. This Agreement may be modified only by a further writing that is duly executed by both parties. IN WITNESS WHEREOF, the parties have executed this Lease as of the day and year first above written. LANDLORD Outworld PropeLty Investment, LLC By: 1 Title: M,l-,�,1 , ( k-,0 i f CIL*, t O fir o f „1,.( •� lip., F, L LG Date: 5(i /lc t (; TENANT Tappist Monks, LLC By: Title: '441 t;r` I► i+ • t.1' -rM.Q(� i l n''uAl ti Ll! Date: S1( /IAA� h. t-ktt" ►fit' F kt 1 ; 7 I — LA frLief t►@e 3. 1 ! Icy r€ be MI LI '4'et.- > r �f_;.r4fl,..t,ic t,rt, /Iv 4rf! .4—ct ca LICLI1/44;tr) 4144 -4ai Pk tit 4tP/6 It .c. -14e 04 c ra `7-#(t t,,, ic4� - ,t .it4ly •� f h S • • Sal a • a Sean •••• .0,1&Me 0- • t -e . t • • • •• • -1 J • SHEET l OF 3 M :Oise am, vr3 A *scow C DOS% Wei s•sa. ••agee ••• 0••••a a. ••• wr . • r+S.,-..v • ria•. $ w 1 WS S w•• '-s e ~S ..•r. v . a• s . • deb s.t — • • • • •• • • :•S / . T G V'E W (lf?f{/E tale r a %SrS tan s Le --pent smin •r•a•.r..Sa a OW Ina SS a V Is ra arJ r • treacle• •••• . •.aa ate III. ••y. w a a .a( sae as a -- . e •ra w • S a r See • �• • •` S •wraireir ea rmaw S.a• •.• • •rSO• es .. SS a . N • as a • • r• • ea a a a• r • er.e •••••••••••• M . .• • v • .••• eama OM r se a • S ••••• - a� - — .••w • •• w •• r e•r—• • - .•w . • •A •. • ••• • •••• as aalai a a a_ _••_ e as• a .�•. . ...• • s lee Y • sr •r• water I J•.•••q •• _ • ••.•••• WS • a •• y•• - • a • . •e alb ...•s..� S. lea a _ as • • to all& 1- l oor no. BARREL STORAGE ENTRY 101b 101 (E) STAFF TLT. 104 PHASE 2 102 39ViOlS 1388VB COffkE' ft,a 75.0' x (E) STAIR- ir 02 T/O w A401 91.0 BEVERAGE STATION BREWHOUSE COLO STORAGE [3081. I 20 BBL FV 7 20 BBL FV «CPfooN1 COLD STORAGE 20 BBL FV (PAINT) REWHOUSE !d 5'-4 1/8' f S r ,4 /1/7/_71/27 1101 F" t oar (1O . I�.�..r � ► . :=' 010 �- ;. 14 st,I . 7,// f/ J' '0 BBLp2O BBLp2O BBL 20 BBL2OBBL-2O BB 17 --' : - BT2SBTc.. BTt._._aBT BT BT 4 _ ///,//'�'`�' 0 v 20 2 �•O R EQUIPMENT ER iE R - i • �-�,� / i f/ "' — �► _ �: PLATFORM c 1 , . ,, , . , , , ,� /� N / !' / 07 111111 H �, (E) / �i / / /�-1 11 �:��:��:� �,. �f / 2u' / j, // �KITCHEN AIR ,, - ,�"�i f/''�/ ,. /� - ,/ ' //' //7 i/ I / / 203 02 IcREEZ �' // I 2 STEEL EQUIPMENT PLATFORM:/ /� 1 ! /7//,/ """•"•" '' -T D10 0 ACCESS LADDER 11 SINK �!� BREWfi OC0 STo AGE a i i i'/// , 020 TM WALL • 35 �� /. i J�y • • / " � ' ' ;' HATCHED AREA ; : / ,' /, OPEN TO BELOW / 1 , / / IL) SINK '� ' / ;' i f /., . CD 10)� ' : � • • sr C E SS ' '�- '\. s . NVC LADDER ;!% •'' C 20 ' 1 1 1 /% is +� ' i 1,' i /,' �/i % i i , j , , , .'; ///' (!)KINK r 4C\ . A 4\ f � / �` .) r > / , V V SECT IONAL/ REMOVABLE 1- 1/4 STD PIPE GUARDRAIL ' +HASE C ;�I'/<.' /` ;� .. 2 c r o j 1 ,' PAlNT)r33b r 6 ry 1 .1 / , ^ > A6 r �_ t � r+ J It) COUNTER I •-Air BREW HOUSE �n MEZZANINE '= �t .:. e! b 1 1 'eq NT ""' 6 1/4" I . 109' - - / i i , % --__ # i ---,---, - -� STAIR - ,-, ' A22 ii ENTRANCE / % �% / ! , / i / /, / 01 / ./ / :: fl. NATO Hf D AREA r T T 7� r OPEN TO BELOW • �� / /�/, *1 /, ,/:/// `; B2 84 �'/ 7`! / / ' �; _ _ _ 21 421/ ,i ' 1 r , 1 - ' .� i ,A221 �' DESK - - _ ! / I (D10) OFFICE 4k` .4 r I 2 AD OFFICE LOUNGE I I ,, i !/� * � "' t 2 AREA ,� �� , �r ,' �� ` I � Tom• '/ - 212 CIO .. �-� � ' / C10 ► ��IlEZZANlN�E, 1 1i / �, `•,r ,/j .- - -IF - -1r- - - /r- LTUTI -112\ ON /Ls_ N FILE FILE DESK 26 ,Lie ic.iD 1 I �� •�� `�� , � r-4_ . / . I ? 5 • o' x 119 - Security Plan - Outworld Brewing -1725 Vista View Dnve B, C, D Tappist Munks, LLC has established the following security plan to secure the premises of Outworld Brewing brewpub at 1725 Vista View Dr B, C, D, Longmont, CO 80504 1 Exterior door locks - commercial deadbolt on front doors, locks on aluminum overhead loading doors - card key access 2 Extenor security cameras covenng perimeter of premises and entry/access areas 3 Interior door locks - card key access 4 Intenor security cameras at entrance and storage areas 5 Interior motion detectors 6 Monitored security alarm system - Metro 7 Locked cold storage for beer - card key access 8 Locked climate -controlled storage for wines - card key access 9 Locked storage for liquor - card key access 10 Locked storage for sensitive and confidential documents such as employee health records, financial records, and the like - keypad access 8. •, WELD COUNTY a< ON LINE; MACI'I Nei: 3rew Pu o (County) Lic uor License Firestone NCU-407 u: c'nn'nocc'nro.77n �JI I \-4 kit. ♦ JI I \-C_ 1 Ct-PAM3 MININCJ HIGLIthIAV /19 WB .303` PR 157!NCU-36,/ 00Ii6 �✓' . 'T ��l�lill� 5-0010 jUSR-S84 7 N') 2 FARM IN PLEMENT STORE WITHDRAWN LtS R-914 SANITATION, SLUDGE C Aelat USR-397AM )MPOSTINGGRAVEL PIT Year A USR-1199AM3 = GRAVEL'MINING 100 Year A t LongmontS USR-397AM G RAV E 2,234.7 WGS_1984_Web_Mercator_Auxiliary_Sphere (c) Weld County Colorado 1,117.34 2,234.7 Feet This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. THIS MAP IS NOT TO BE USED FOR NAVIGATION Legend --1 L Parcels U SR - Uses by Special Reviev% S PR - Site Plan Review N CU - Non Conforming Use Floodplain - 500 Year Floodplain - 100 Year Zone A Floodplain - 100 Year Floodwa Floodplain - 100 Year Zone AE Floodplain - 100 Year Zone Al- Floodplain - 100 Year Zone AC Address Label Highway County Boundary Notes Tappist Munks, LLC, dba Outworld Brewing 1725 Vista View Drive, Units B, C, and D, Longmont, CO 80504 This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable THIS MAP IS NOT TO BE USED FOR NAVIGATION Tappist Munks, LLC, dba Outworld Brewing 1725 Vista View Drive, Units B, C, and D, I ongmont, CO 80504 This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. THIS MAP IS NOT TO BE USED FOR NAVIGATION Tappist Munks, LLC, dba Outworld Brewing 1725 Vista View Drive, Units B, C, and D, Longmont, CO 80504 2/4/2020 Property Report jipaii Weld County PROPERTY PORTAL Property Information (970) 400-3650 Technical Support (970) 400-4357 Account: R1177802 February 4, 2020 Account Parcel Space Account Type Tax Year Buildings Actual Value Assessed Value R1177802 131308109002 j 1 Industrial 2020 1 357.960 103,810 Legal VBC UNIT 2 VISTA BEACON CONDOS Subdivision Block Lot Land Economic Area VISTA BEACON CONDO 2 VISTA BEACON CONDOS Property Address Property City Zip Section Township Range 1725 VIEW VISTA DR B WELD 000000000 08 02 68 Account Owner Name Address R1177802 INVESTMENT OUTWORLD PROPERTY LLC 8215 CO CATTAIL 805037285 DR NIWOT. https://propertyreport.co.weld.co.us/?account=R1177802 1/4 2/4/2020 Property Report Reception Rec Date Type I Grantor Grantee Doc Fee Sale 4- Date Sale Price 12-27-1983 USR USE SPECIAL REVIEW BY USR-584 IMPLEMENT STORE FARM 0.00 0 05-04-2001 SPR IREVIEW SITE PLAN SPR-342 0.00 0 2292346 06-18-1992 COZ WELD COUNTY ZONING CASE: ZONING 1. PUD Z 465 I- 0.00 0 C-3. 2866106 SUB SUBDIVISION VISTA BEACON CONDOS 0.00 0 2866107 07-16-2001 SWD I VISTA gVISTA EAC LLC MARTIN CLAYTON SARAH & 86.67 07-10-2001 866.700 3352754 01-05-2006 WD MARTIN CLAYTON & LRB LLC LEASING 21.25 12-28-2005 212,500 3653593 10-12-2009 WD LRB LLC LEASING ACME INVESTMENTS LLC 17.51 10-06-2009 175.100 4190765 03-28-2016 WD INVESTMENTS ACME LLC INVESTMENT OUTWORLD PROPERTY LLC 110.00 I I 03-25-2016 I 1.100.000 Building 1 AccountNo Building ID Occupancy R1177802 1 Warehouse ID Type NBHD Occupancy 0/ Complete Bedrooms Baths Rooms 1 Condo 3921 Warehouse 100 0 0 0 ID Exterior Roof Cover Interior HVAC Perimeter T Units � Unit Type t Make Shed Space Heater 536 6 Inside https://propertyreport.co.weld.co.us/?account=R1177802 2/4 2/4/2020 Property Report ID Square Ft Condo SF Total Basement SF Finished Basement SF Garage SF Carport SF Balcony SF Porch SF 1 2.983 0 0 0 0 I - 0 0 0 Built As Details for Building 1 ID Built As Square Ft Year Built Stories Length Width 1.00 Industrial Mall Building Flex 2.983 2001 1 0 0 No Additional Details for Building 1 Type 1 Code 1 Description Actual Value Assessed Value I Acres Land SqFt Improvement 2245 COMMERCIAL CONDOS 357,960 103,810 0.000 1 0 Totals - - 357,960 103,810 0.000 0 Comparable sales for your Residential property may be found using our SALES SEARCH TOOL https://propertyreport.co.weld.co.us/?account=R1177802 3/4 2/4/2020 Property Report Tax Area District ID District Name Current Levy Mill 2342 1050 HIGH PLAINS LIBRARY 3.217 2342 0311 LEFT HAND WATER 0.000 2342 1202 LONGMONT CONSERVATION 0.000 2342 0512 MOUNTAIN DISTRICT VIEW FIRE RESCUE 16.247 2342 0301 NORTHERN (NCW) COLORADO WATER 1.000 2342 0213 , SCHOOL DIST RE1J-LONGMONT 57.559 2342 0303 ST (SVW) VRAIN LEFT HAND WATER 0.156 2342 0620 ST VRAIN SANITATION 0.484 2342 0100 WELD COUNTY 15.038 Total - - 93.701 rill; it ;1! ;;'sil --err t r ' r • Building 1 Page 1 Building 1 Page 2 Copyright O 2020 Weld County, Colorado. All rights reserved. Privacy Policy & Disclaimer Accessibility Information https://propertyreport.co.weld.co.us/?account=R1177802 4/4 2/4/2020 Property Report sui kin Weld County Tvaaw PROPERTY PORTAL Property Information (970) 400-3650 Technical Support (970) 400-4357 Account: R1177902 February 4, 2020 Account Parcel S ace p Account Type Tax Year r Buildin g s Actual Value Assessed Value R1177902 131308109003 Industrial 2020 1 357,960 I 103,810 Legal VBC UNIT 3 VISTA BEACON CONDOS Subdivision Block Lot Land Economic Area VISTA BEACON CONDO • I f 3 VISTA BEACON CONDOS Property Address Property City Zip Section Township Range 1725 VIEW VISTA DR C WELD 000000000 j 08 02 68 Account Owner Name Address R1177902 INVESTMENT OUTWORLD PROPERTY LLC 8215 CO CATTAIL 805037285 DR NIWOT. https://propertyreport.co.weld.co.us/?account=R1177902 1/4 2/4/2020 Property Report Reception Rec Date Type 7 Grantor Grantee Doc Fee Sale Date Sale Price 12-27-1983 ' USR USE SPECIAL REVIEW BY USR-584 IMPLEMENT STORE FARM 0.00 0 05-04-2001 SPR SITE REVIEW PLAN SPR-342 0.00 0 2292346 06-18-1992 COZ WELD COUNTY ZONING CASE: ZONING 1, PUD Z 465 I- 0.00 0 C-3, 2866106 SUB { SUBDIVISION VISTA BEACON CONDOS 0.00 0 2866107 07-16-2001 SWD VISTA BEACON LLC MARTIN CLAYTON SARAH & 86.67 07-10-2001 866,700 3302353 07-12-2005 SWD 1 MARTIN CLAYTON & RPL LLC LEASING 21.00 07-07-2005 210,000 3653595 10-12-2009 WD RPL LLC LEASING ACME INVESTMENTS LLC 25.75 10-06-2009 257.500 4190765 03-28-2016 WD ACME INVESTMENTS LLC INVESTMENT OUTWORLD PROPERTY LLC 110.00 03-25-2016 1,100,000 Building 1 AccountNo Building ID Occupancy L R1177902 1 Warehouse ID Type NBHD 1 Occupancy 0/ Complete 1 Bedrooms Baths Rooms 1 Condo 3921 Warehouse 100 0 0 0 ID Exterior Roof Cover Interior HVAC Perimeter Units Unit Type Make 1 Shed Space Heater 536 6 Inside https://propertyreport.co.weld.co.us/?account=R 1177902 2/4 2/4/2020 Propely Report Total I Finished ID Square Ft Condo SF Basement SF Basement SF Garage SF Carport SF Balcony SF Porch SF 1 2.983 0 0 0 0 0 0 0 Built As Details for Building 1 ID Built As Square Ft Year Built Stories Length Width 1.00 Industrial Office Space Interior r 2,983 2001 1 0 0 Additional Details for Building 1 ID Detail Type Description Units 1 Mezzanine Finishec 1,000 Type Code Description Actual Value Assessed Value Acres Land SqFt Improvement 2245 COMMERCIAL CONDOS 357,960 103,810 0.000 0 Totals - - 357,960 103,810 0.000 0 Comparable sales for your Residential property may be found using our SALES SEARCH TOOL https://propertyreport.co.weld.co.us/?account=R1177902 3/4 2/4/2020 Property Report Tax Area ID District District Name Current Levy Mill 2342 1050 HIGH PLAINS LIBRARY 3.217 2342 0311 LEFT HAND WATER 0.000 2342 1202 LONGMONT CONSERVATION 0.000 2342 - 0512 MOUNTAIN DISTRICT VIEW FIRE RESCUE 16.27 2342 0301 NORTHERN (NCW) COLORADO WATER 1.000 2342 0213 SCHOOL DIST RE1J-LONGMONT 57.559 2342 0303 ST (SVW) VRAIN LEFT HAND WATER 0.156 2342 0620 r ST VRAIN SANITATION 0.484 2342 0100 WELD COUNTY 15.038 Total - - 93.701 V it ;_;11 %i; cif?iel a 111 till Building 1 Page 1 Building 1 Page 2 Copyright CO 2020 Weld County, Colcrado. All rights reserved. Privacy Policy & Disclaimer I Accessibility Information https://propertyreport.co.weld.co.us/?account=R1177902 4/4 2/4/2020 Property Report Weld County PROPERTY PORTAL Property Information (970) 400-3650 Technical Support (970) 400-4357 Account: R1178002 February 4, 2020 Account Parcel Space Type Account Tax Year Buildings Actual Value Assessed Value R1178002 131308109004 Commercial 2020 1 357,950 103.810 Legal VBC UNIT 4 VISTA BEACON CONDOS Subdivision Block Lot Land Economic Area h VISTA BEACON CONDO 4 VISTA BEACON CONDOS Property Address Property City Zip Section Township Range 1725 VIEW VISTA DR D WELD 000000000 08 02 68 Account F Owner Name Address R1178002 INVESTMENT OUTWORLD PROPERTY LLC 8215 CO CATTAIL 805037285 DR NIWOT. https://propertyreport.co.weld.co.us/?account=R1178002 1/4 2/4/2020 Property Report Reception Rec Date Type Grantor Grantee Doc Fee Sale Date Sale Price 12-27-1983 USR USE SPECIAL REVIEW BY USR-584 IMPLEMENT STORE FARM 0.00 0 05-04-2001 SPR SITE REVIEW PLAN SPR-342 0.00 0 2292346 06-18-1992 COZ WELD COUNTY ZONING CASE: ZONING 1. PUD Z 465 0.00 0 C-3.1- 2866106 SUB SUBDIVISION VISTA BEACON CONDOS 0.00 0 2866107 07-16-2001 SWD VISTA BEACON LLC MARTIN CLAYTON SARAH & 86.67 07-10-2001 866.700 3027889 01-29-2003 WD MARTIN CLAYTON SARAH & RPL LLC LEASING 20.75 01-20-2003 207,500 3653594 10-12-2009 WD RPL LLC LEASING INVESTMENTS ACME LLC 26.75 10-06-2009 267,500 4190765 03-28-2016 WD INVESTMENTS ACME LLC INVESTMENT OUTWORLD PROPERTY LLC 110.00 I 03-25-2016 1.100,000 Building 1 AccountNo Building ID Occupancy R1178002 1 Warehouse ID Type NBHD Occupancy % Bedrooms Baths Rooms Complete 1 Condo 3921 Warehouse 100 0 0 0 ID Exterior Roof Cover Interior HVAC Units Unit Type Make Perimeter Shed Package Unit 536 6 Inside https://propertyreport.co.weld.co.us/?account=R1178002 2/4 2/4/2020 Property Report ID Square Ft Condo SF Total Basement SF Finished Basement SF Garage SF Carport SF Balcony SF Porch SF 1 2.983 2,983 0 0 0 0 0 0 Built As Details for Building 1 ID Built As Square Ft Year Built Stories I Length Width 1.00 Industrial Mall Building Flex 2.983 2001 1 0 0 Additional Details for Building 1 ID Detail Type Description Units 1 Mezzanine Finished 1.000 Type YP Code I Description p Actual Value Assessed Value Acres Land SqFt q Improvement 2245 COMMERCIAL CONDOS 357.960 103,810 0.000 0 Totals - - 357,960 103,810 0.000 0 Comparable sales for your Residential property may be found using our SALES SEARCH TOOL https://propertyreport.co.weld.co.us/?account=R1178002 3/4 2/4/2020 Property Report Tax Area ID District District Name Current Levy Mill 2342 ____t_2342 1050 HIGH PLAINS LIBRARY 3.217 0311 LEFT HAND WATER 0.000 2342 1202 1 LONGMONT CONSERVATION 0.000 2342 0512 MOUNTAIN DISTRICT VIEW FIRE RESCUE 16.247 2342 0301 i NORTHERN (NCW) COLORADO WATER 1.000 2342 0213 SCHOOL DIST RE1J-LONGMONT 57.559 2342 0303 ST (SVW) VRAIN LEFT HAND WATER 0.156 2342 0620 ST VRAIN SANITATICN 0.484 2342 0100 WELD COUNTY 15.038 Total - - 93.701 .. Building 1 Page 1 Building 1 Page 2 Copyright © 2020 Weld County, Colorado. All rights reserved. Privacy Policy & Disclaimer Ac:essibility Information https://propertyreport.co.weld.co.us/?account=R1178002 4/4 February 6, 2020 CLERK TO THE BOARD PHONE: (970) 400-4225 FAX: (970) 336-7233 1150 O STREET P.O. BOX 758 GREELEY, COLORADO 80632 www.weldgov.com ATTN: BRENDA FULLER ATTN: BRIAN FULLER TAPPIST MUNKS, LLC DBA OUTWORLD BREWING 1725 VISTA VIEW DRIVE UNITS B, C, AND D LONGMONT, CO 80504 RE: APPLICATION FOR RENEWAL OF A BREW PUB (COUNTY) LIQUOR LICENSE - TAPPIST MUNKS, LLC, DBA OUTWORLD BREWING Dear Applicant: This is to advise you that the Weld County Board of Commissioners will hear your request for renewal of a liquor license at the property described as: 1725 Vista View Drive, Units B, C, and D, Longmont Colorado 80504. The meeting is scheduled for Monday, February 24, 2020, at 9:00 a.m., in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Administration Building, 1150 O Street, Assembly Room, Greeley, Colorado 80631. If you have any questions concerning this matter, please do not hesitate to contact me at (970) 400-4213 or crempel@weldgov.com. Sincerely, 62f244, a. Rit-mtz Chloe A. Rempel Deputy Clerk to the Board Supervisor cc: Weld County Attorney's Office Chloe Rempel From: Sent: To: Subject: Attachments: Good morning, Chloe Rempel Thursday, February 6, 2020 8:57 AM Brenda Fuller; bgfuller.outworld@gmail.com NOTICE OF HEARING - Renewal Brew Pub (County) Liquor License Application Notice of Hearing - Tappist Munks, LLC.pdf This is to advise you that the Weld County Board of Commissioners will hear your request for renewal of a liquor license at the property described as: 1725 Vista View Drive Units B, C, and D, Longmont Colorado 80504. The meeting is scheduled for Wednesday, February*20, at 9:00 a.m. While this is a public hearing, you are not currently required to attend. Please see the attached letter for further information (hard - copy to follow). Sincere regards, Chloe A. Rempel Deputy Clerk to the Board Supervisor Weld County 1150 O Street Greeley, CO 80631 tel: 970-400-4213 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 privileged, 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 FIRST NAMEE WELD COUNTY LIQUOR LICENSE CERTIFICATE OF MAILING LAST NAME COMPANY BRENDA FULLER BRIAN FULLER LONGMONT TAPPIST MUNKS, LLC, DBA OUTWORLD BREWING ADDRESS 1 1725 VISTA VIEW DRIVE, UNITS B, C, AND D STATE POSTAL CODE CO 80504 brenda.outworld@gmail.com; bgfuller.outworld@gmail.com I hereby certify that I have sent a notification of hearing date letter in accordance with the notification requirements of Weld County in the United States Mail, postage prepaid First Class Mail by letter as addressed on the attached list this 6th day of February, 2020. Chloe A. Rempel Deputy Clerk to the Board Supervisor APPLICATION FOR RENEWAL OF A BREW PUB (COUNTY) LIQUOR LICENSE - TAPPIST MUNKS, LLC, DBA OUTWORLD BREWING Receipts PO Box 758 PO Box 758 Greeley CO 80632 Greeley CO 80632 RECEIPT DATE O(/OQ/aoo NO. 90810 RECEIVED FROM -Tapp i St (Y) V n KS . L LC. ADDRESS $a%5 Gat+ail (give„ nJuin+, CO S-oSO3 One, Hondre% Seven+c- Five, r "Y(0O-- $ 1'7S .OO FOR LzQR - COOf1TLA ‘gi%oor- a�iCgflc PLAa .o .I HOW PAID CASH CHECK 1 _T 5 oo MONEY ORDER RECEIPT t V78" e,rte4_, Polo BY egk.0_0(.-) DATE OI /OBI SO'O NO. 90811 RECEIVED FROM -Tapp i S+ Crlun Ks , LLC ADDRESS '&15 C.441/42++; l (-3r- i vt . n i u&r©+, CO g'0503 evhrl H rid red V -- F - °°f too $ 760 FOR L ZQ - e"[�G1/ co C=a H W PAID CASH CHECK O O MONEY ORDER By0ped.e.. APPLICATION FOR RENEWAL OF A BREW PUB (COUNTY) LIQUOR LICENSE - TAPPIST MUNKS, LLC, DBA OUTWORLD BREWING Staff Referral Responses Chloe Rempel From: Sent: To: Subject: Attachments: Good afternoon, Chloe Rempel Tuesday, February 4, 2020 2:13 PM Alan Caldwell; Bethany Pascoe; Bob Choate; Bruce Barker; Curtis Hall; Dan Joseph; Dawn Anderson; Don Dunker; Elizabeth Relford; Gabri Vergara; Hannah Dutrow; Jose Gonzalez; Michael Knee; Karin McDougal; Lauren Light; Tom Parko Jr.; Wendi Inloes; Gabe Kalousek RENEWAL LIQUOR LICENSE APPLICATION - Tappist Munks, LLC, dba Outworld Brewing Staff Referral Memo - Outworld Brewing.pdf; Renewal Liquor License - Outworld Brewing.pdf In accordance with the procedures for processing Renewal Liquor License Applications, please complete and return the attached "Staff Referral Memo — Outworld Brewing". Your report will be used by the Board of County Commissioners in considering the Applicant's Liquor License. PLEASE RESPOND NO LATER THAN: Wednesday, February 19, 2020 Please note: 1. Applicant: Tappist Munks, LLC, dba Outworld Brewing Brian Fuller, owner and operator Brenda Fuller, Chief Financial Officer Address: 1725 Vista View Drive, Units B, C, and D, Longmont, CO 80504 File Location: LC0053 2. Authorized Actions: Sell/serve malt, vinous, and spirituous liquors for on -premises consumption; manufacture, sell, and serve fermented malt beverages for both on and off premises consumption. 3. Brew Pub (County) Liquor Licenses require full meals served. 4. Property is permitted under SPR17-0005. Thank you, Chloe A. Rempel Deputy Clerk to the Board Supervisor Weld County 1150 O Street Greeley, CO 80631 tel: 970-400-4213 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 privileged, 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 MEMORANDUM TO: Board of County Commissioners FROM: Lauren Light DEPARTMENT: Environmental Health DATE: February 5, 2020 SUBJECT: Renewal Liquor License Application The Weld County Clerk to the Board's Office has received an application for the renewal of a liquor license in Unincorporated Weld County: License Type: Brew Pub (County) Liquor License Applicant(s): Tappist Munks, LLC, dba Outworld Brewing (Brian Fuller and Brenda Fuller) Address: 1725 Vista View Drive, Units B, C, and D, Longmont, CO 80504 File Location: LC0053 Reply By: Wednesday, February 19, 2020 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. If you have any further questions regarding the application please do not hesitate to contact me at (970) 400-4213 or crempel weldgov.com. El El El We have reviewed the request and find no conflicts with our interests. We have reviewed the request and find that we are NOT in support of the requested renewal application. We have reviewed the request, and recommend approval given that the below or attached conditions are met. See attached letter, or comments below. COLORADO MEMORANDUM To: Chloe Rempel, Deputy Clerk to the Board February 6, 2020 From: Bethany Pascoe, Zoning Compliance Officer, Dept. of Planning Services Subject: LC0053 Review of the following Liquor License Renewal for an established liquor license application by the Department of Planning Services shows the following: APPLICANT: Tappist Munks, LLC Dba: Outworld Brewing (Brian G Fuller, Owner) 1725 Vista View Drive, Units B, C, and D Longmont, Colorado 80504 PROPERTY INFORMATION: Property Owner: Outworld Property Investment, LLC Mailing Address: 8215 Cattail Cr, Niwot, Co 80503 Zone District: PUD (with C-3 and I-1 uses) (Z-465) Land Use: SPR17-0005 (Rec # 4393771) STAFF COMMENTS: Upon review of my case files and computer, no active Zoning Violations were noted. No compliance or planning comments SERVICE, TEAMWORK, INTEGRITY, QUALITY MEMORANDUM TO: Board of County Commissioners FROM: Jose Gonzalez DEPARTMENT: Building DATE: 02/10/2020 SUBJECT: Renewal Liquor License Application The Weld County Clerk to the Board's Office has received an application for the renewal of a liquor license in Unincorporated Weld County: License Type: Brew Pub (County) Liquor License Applicant(s): Tappist Munks, LLC, dba Outworld Brewing (Brian Fuller and Brenda Fuller) Address: 1725 Vista View Drive, Units B, C, and D, Longmont, CO 80504 File Location: LC0053 Reply By: Wednesday, February 19, 2020 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. If you have any further questions regarding the application please do not hesitate to contact me at (970) 400-4213 or crempel(cc7weldaov.com. We have reviewed the request and find no conflicts with our interests. We have reviewed the request and find that we are NOT in support of the requested renewal application. We have reviewed the request, and recommend approval given that the below or attached conditions are met. See attached letter, or comments below. MEMORANDUM TO: Board of County Commissioners FROM: Lt. Michael Knee DEPARTMENT: Weld County Sheriffs Office DATE: 02/14/2020 SUBJECT: Renewal Liquor License Application The Weld County Clerk to the Board's Office has received an application for the renewal of a liquor license in Unincorporated Weld County: License Type: Brew Pub (County) Liquor License Applicant(s): Tappist Munks, LLC, dba Outworld Brewing (Brian Fuller and Brenda Fuller) Address: 1725 Vista View Drive, Units B, C, and D, Longmont, CO 80504 File Location: LC0053 Reply By: Wednesday, February 19, 2020 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. If you have any further questions regarding the application please do not hesitate to contact me at (970) 400-4213 or crempel aC�.weldoov.com. We have reviewed the request and find no conflicts with our interests. We have reviewed the request and find that we are NOT in support of the requested renewal application. We have reviewed the request, and recommend approval given that the below or attached conditions are met. See attached letter, or comments below. I have reviewed the application and have no conflicts with our interests. The following searches were completed: Spillman was searched for the address 9490 WCR 25, no conlficts were found. Brian Fuller (DOB was searched through Spillman and no conlficts were found. Brenda Fuller was searched through Spillman and no conflicts were found. A search of 1725 Vista View Drive, Units B, C, and D, Longmont, CO 80504 was completed through Spillman and no coflicts were found. APPLICATION FOR RENEWAL OF A BREW PUB (COUNTY) LIQUOR LICENSE - TAPPIST MUNKS, LLC, DBA OUTWORLD BREWING Miscellaneous Correspondence February 25, 2020 CLERK TO THE BOARD PHONE: (970) 400-4225 FAX: (970) 336-7233 1150 O STREET P. O. BOX 758 GREELEY, COLORADO 80632 www.weldgov.com COLORADO DEPARTMENT OF REVENUE LIQUOR ENFORCEMENT DIVISION P.O. BOX 17087 DENVER, CO 80217-0087 RE: RENEWAL BREW PUB (COUNTY) LIQUOR LICENSE APPLICATION - TAPPIST MUNKS, LLC, DBA OUTWORLD BREWING To Whom It May Concern: Please see the attached renewal liquor license application, a copy of all supporting documentation, and the associated fees. The Weld County Board of Commissioners approved the application on Monday, February 24, 2020. Check #: 1179 Check Date: 1/2/2020 Amount: $750.00 If you have questions or need additional information, please do not hesitate to contact me at (970) 400-4213. Very truly yours, 0264, RtAwrc Chloe A. Rempel Deputy Clerk to the Board Supervisor crempel@weldgov.com 2/25/2020 FedEx Ship Manager - Print Your Label(s) D rn n 0 C OO vo M ^' Z 0 tSS6 V 1PS 8111 1HDIN213AO a21daNViS d00:£ 83d 9Z - a3M m J201030011301uv K 0 rn A 1801 1. X08 Od C7 O O v 0 m m O m m C m 56BJ2/049EFE4A 0 r C O z -n O C7 m m z v_ C,, z q mm o �s0 mm O o m z 01-< -IOmO no mC� m O � o � <> Cm NW K 1BUN3S 1118 After printing this label: 1. Use the 'Print' button on this page to print your label to your laser or inkjet printer. 2. Fold the printed page along the horizontal line. 3. Place label in shipping pouch and affix it to your shipment so that the barcode portion of the label can be read and scanned. Warning: Use only the printed original label for shipping. Using a photocopy of this label for shipping purposes is fraudulent and could result in additional billing charges, along with the cancellation of your FedEx account number. Use of this system constitutes your agreement to the service conditions in the current FedEx Service Guide, available on fedex.com.FedEx will not be responsible for any claim in excess of $100 per package, whether the result of loss, damage, delay, non-delivery,misdelivery,or misinformation, unless you declare a higher value, pay an additional charge, document your actual loss and file a timely claim.Limitations found in the current FedEx Service Guide apply. Your right to recover from FedEx for any loss, including intrinsic value of the package, loss of sales, income interest, profit, attorney's fees, costs, and other forms of damage whether direct, incidental,consequential, or special is limited to the greater of $100 or the authorized declared value. Recovery cannot exceed actual documented loss.Maximum for items of extraordinary value is $1,000, e.g. jewelry, precious metals, negotiable instruments and other items listed in our ServiceGuide. Written claims must be filed within strict time limits, see current FedEx Service Guide. https://www.fedex.com/shipping/shipmentConfirmationAction.handle?method=doContinue 1/2 2/25/2020 FedEx Ship Manager - Print Your Label(s) Shipment Receipt Address Information Ship to: LIQUOR ENFORCEMENT DIVISION COLORADO DEPARTMENT OF REVENUE PO BOX 17087 DENVER, CO 802170087 US 3032052300 Ship from: CHLOE REMPEL WELD COUNTY 1150 O STREET RM 166 GREELEY, CO 80631 US 9704004225 Shipment Information: Tracking no.: 777854149554 Ship date: 02/25/2020 Estimated shipping charges: 6.92 USD Package Information Pricing option: FedEx Standard Rate Service type: Standard Overnight Package type: FedEx Envelope Number of packages: 1 Total weight: 0.40 LBS Declared Value: 0.00 USD Special Services: Pickup/Drop-off: Drop off package at FedEx location Billing Information: Bill transportation to: COUNTYOFWELD-483 DEPARTMENT NAME: WELD CLERK TO THE BOARD SENDER NAME: CHLOE A. REMPEL ADDITIONAL INFO: CTB DEPARTMENT ORGANIZATION CODE: 10400 Thank you for shipping online with FedEx ShipManager at fedex.com. Please Note FedEx will not be responsible for any claim in excess of $100 per package, whether the result of loss, damage, delay, non -delivery, misdelivery, or misinformation, unless you declare a higher value, pay an additional charge, document your actual loss and file a timely claim. Limitations found in the current FedEx Service Guide apply. Your right to recover from FedEx for any loss, including Intrinsic value of the package, loss of sales, Income Interest, profit, attomey's fees, costs, and other forms of damage whether direct, incidental, consequential, or special is limited to the greater of $100 or the authorized declared value. Recovery cannot exceed actual documented loss. Maximum for items of extraordinary value is $1000, e.g., jewelry, precious metals, negotiable instruments and other items listed in our Service Guide. Written claims must be filed within strict time limits; Consult the applicable FedEx Service Guide for details. The estimated shipping charge may be different than the actual charges for your shipment. Differences may occur based on actual weight, dimensions, and other factors. Consult the applicable FedEx Service Guide or the FedEx Rate Sheets for details on how shipping charges are calculated. https://www.fedex.com/shipping/shipmentConfirmationAction.handle?method=doContinue 2/2 Site Plan Review SPR17-0005 Case Number: Applicant: Owners: SITE PLAN REVIEW Administrative Review PL STAFF REPORT RETAINED IN TYLER. REMAINDER RETAINED IN PAPER LIQUOR FILE_ ORIGINALCASE FILE MAINTAINED t3Y PLANNING. Site Plan Review SPR17-0005 Parcel Numbers: Outworld Property Investment, LLC (c/o Brian G. Fuller: 8215 Cattail Drive, Niwot, CO 80503) Vista Beacon Condos Unit Owners (Lot 4) - Unit 1 - Korringa Properties, LLC - Units 2, 3 & 4 - Outworld Property Investment, LLC - Units 5 & 6 - Carol & Boyd, LLC Longmont Vista View Real Estate, Inc- (Lot 5) Situs Address: 1725 Vista View Drive, Longmont CO 80504 1313-08-1-09-999 1313-08-1-09-001 1313-08-1-09-002 1313-08-1-09-003 1313-08-1-09-004 1313-05-1-09.005 1313-08-1-09-006 1313-08-1-01-005 Legal Description: Lots 4 and 5, Block 1 of Vista Commercial Center PUB Filing 1; being part of the 52 of Section 5 and the N2 of Section 8, T2N, R68W of the 6th P.M. Zoning: Proposed Use: PUD: I-1 (Industrial) and C-3 (Business Commercial) uses SPR17-0005 is an amendment to Site Plan Review SPR-342 for Tappist Munks, LLC, dba Outworld Brewing. Outworld Brewing is moving into Units 2-4 of Vista Beacon Condominiums. Due to this new occupant, SPR17-0005 will expand the trash enclosure including a spent grain container, update the parking layout on Lot 4 and amend Lot 5 into the Site Plan Review. Lot 5 will permit a commercial parking lot to accommodate anticipated parking needs and a grain silo on the northeasterly portion of the Lot. The silo will also serve as the structure for proposed signage for the brewpub. Site Plan Review Standards Comments Meets the Intent of the Weld County Code Site Plan Certification Included in Application YES Stormwater Drainage See comments from the Weld County Engineer No changes to approved drainage design YES Off-street Parking Per Sections 23-3-250.A 2, and 23-4-10 thru 23-4-40 A minimum of 55 spaces (4 ADA) spaces are required YES Loading Areas Per Sections and 23-4-50,k thru 23-4.50.E. One {1) loading area is required on Lot 4 YES Access Per Section 23-3-250.A.3. YES Setback Requirements Per Section 23-3-250.A.4.a. -- 25 it. YES Offset Requirements Per Section 23-3-250.A.4.b. — 10 ft. YES Landscaping Per Section 23-3-250.A.5. and Section 26-2-50A. thru 26-2-50.D. Show the landscaping and add the percentage of landscaping on the site map YES Trash Collection and Storage Per Section 23-3-250.A.E. YES I Potable 'Plater Per Section 23-3-250.A.7. II`HWD Tap) YES I SPR17-0U05 Outworld Brewing Page 1 of 7 Site Plan Review Standards Comments Meets the Intent of the VVeld County Code Sewage Disposal Per Section 23-3-250.A.8. (St. Vrain Sanitation District) YES Environment Standards Per application YES Property Maintenance Per Section 23-2-160,U.7. YES MS4 Area Per Chapter 8, Article IX YES Narrative: This amended Site Plan Review seeks to amend SPR-342 (reception # 2846254, recorded May 4, 2001), located on Lot 4, Block 1 of Vista Commercial 16h Filing. The amendment will include Lot 4 and Lot 5 of the PUD and is for the addition of a brewpub per Weld County Code Section 23-3-230.B.17.; commercial parking lot per Weld County Code Section 23-3-230.B.13 and associated improvements. This request will expand the existing trash enclosure on Lot 4 to Include an additional dumpster and spent grain container. A roll up door will be added on the east side of the building to access the brewpub. No other improvements or changes are proposed to the other units or businesses on Lot 4. Additionally, the parking layout on Lot 4 will be updated which will include the construction of a pedestrian connection to Lot 5, Block 1 of Vista Commercial, Lot 5 is located directly west of Lot 4 and is being amended into the Site Plan Review. This Lot is being purchased by Outworld Property Investment, LLC in order to build a paved commercial parking lot. The auxiliary parking lot will serve both the customers of Outworld Brewing and the other existing and future Vista Beacon Condominiums businesses on Lot 4. There will be a combined minimum of fifty-five (55) parking stalls (including four (4) ADA parking stalls) for employees and customers, split between the two lots. As stated, parking will be shared with the other owners/tenants of Lot 4 (Vista Beacon Condominiums). On the SPR-342 map, each unit is allotted 5.83 spaces for a total of 35 shared spaces for the six units, Per discussions with the applicant, the brewpub operation proposes to have approximately eight (8) employees that will work at Outworld Brewing at any one time and up to two hundred (200) customers. This combination of brewpub occupants will require an additional 20 parking spaces minimum in addition to the existing 35 spaces per SPR-342. The auxiliary parking lot on Lot 5 will account for this increase in parking needs. Aiso located on Lot. 5 is a proposed functioning grain silo (32' height, 10' width) in the northeasterly portion of the site. The application materials have indicated that the proposed grain silo will double as a monument sign for Outworld Brewing and will face State Highway 119. A building sign and awning is proposed on the west wall above Unit 3 on Lot 4. All signage shall adhere io Appendix 23-C, 23-D and 23-E of the Weld County Code and receive approval from the Vista Commercial Center Architectural Control Committee and be permitted by the Weld County Building Department. The Left Hand Water District provides water service and the St. Vrain Sanitation District provides sewage disposal to Lot 4. Sewer service is not proposed for Lot 5 at this time. This site plan review Is approved with the attached conditions: 1. Prior to recording the Site Plan Review Map, the applicant shall address the following to the Department of Planning Services' satisfaction: A. The applicant shall submit written evidence to the Department of Planning Services that all conditions and requirements as indicated in the Vista Commercial Center Architectural Control Committee letter dated 02/23/2017 have been met. (Department of Planning Services) B. The applicant shall submit written evidence to the Department of Planning Services that all conditions and requirements as indicated in the Department of Public Works letter dated 04/04/2017 have been met. (Department of Planning Services) SPR17-0005 I Outworld Brewing Page 2of7 C. The applicant shall submit written evidence to the Department of Planning Services that all conditions and requirements as indicated in the Department of Public Health and Environment letter dated 04/10/2017 have been met. (Department of Planning Services) D. The applicant shall submit written evidence to the Department of Planning Services that all conditions and requirements as indicated in the Department of Planning Services -Engineer letter dated 04/11/2017 have been met. (Department of Planning Services) E. The applicant shall detail how the landscaping on Lot 5 will be maintained including the water source. This may be a separate Left Hand Water District irrigation tap, scheduled water truck (including details of the provider), or written evidence from LHWD that allows the tap on Lot 4 to be shared with Lot 5 for landscaping irrigation uses. F. The map shall be amended to delineate the following: 1. All pages of the Site Plan Review Map shall be labeled Site Plan Review SPR17-0005. (Department of Planning Services) 2, The Site Plan Review Map shall be prepared in accordance with Sections 23-2-160,W and X of the Weld County Code, (Department of Planning Services) 3. The Site Plan Review Map shall contain the certification blocks per Section 23-2-160.X.6. of the Weld County Code. (Department of Planning Services) 4. All the property owners on Lot 4 (Vista Beacon Condominium owners) and Lot 5 shall sign the Site Plan Review Map. 5. All structures including the grain silo and signs shall be located twenty-five (25) feet from the existing or proposed right-of-way whichever is greater per Section 23-3-250.A.4.a. of the Weld County Code. Label all dimensions on the map. (Department of Planning Services) 6. The applicant shall show and label the trash enclosure, per Section 23-3-250.A.6. of the Weld County Code. The applicant shall also show the details of the trash enclosure. (Department of Planning Services) 7. The applicant shall adhere to the lighting standards per Section 23-3-250.B.6 of the Weld County Code. A lighting detail for proposed lighting to be located on the site shall be placed on the map. Show and label lights on the map, (Department of Planning Services) 8. The applicant shall show and label the off-street loading space, per Section 23-4-50 of the Weld County Code. (Department of Planning Services) 9. The applicant shall show and label an ADA complaint walkway between the building on Lot 4 and parking areas on Lots 4 and 5. (Department of Planning Services) 10. The applicant shall provide details of the grain silo and show and label the connection of the grain silo to the building. (Department of Planning Services) 11. All recorded easements and rights -of -ways shall be delineated on the plat by book and page number or reception number. (Department of Planning Services) 12. The applicant shall show and label the approved accesses (AP17-00197), and the appropriate turning radii on the site plan. (Department of Public Works) 13. Vista View Drive is a paved road and is designated on the Weld County Road Classification Plan as a local road, which requires 80 feet of right-of-way at full buildout per the Vista Commercial Center Plat. The applicant shall delineate on the site plan the future and existing right-of-way. All setbacks shall be measured from the edge of future right-of-way. This road is maintained by Weld County. (Department of Public Works) SPR17-0005 I Outworld Brewing Page 3of7 14. The applicant shall show the drainage flow arrows. (Department of Planning Services - Engineer) 15, The applicant shall show and label the parking. (Department of Planning Services -Engineer) 16. The off-street parking shall be in accordance with Section 23-3-250.A.2., Sections 23-4-10 through 23-4-40 and Sections 26-2-50.C. and 26-2-50.D.2.b and f. All required parking spaces shall be shown on the map with the dimensions, materials, and curb stops labeled including the ADA stalls. The following address the details of the parking design. (Department of Planning Services) a. The applicant shall provide a combined minimum of fifty-five (55) regular parking stalls including four (4) ADA parking stalls for the employees and visitors of the site. The four (4) ADA parking stalls will be located on Lot 4, and shall include a striped walkway from the parking stalls to the building's sidewalk. The dimensions of the parking stalls shall adhere to Section 23-4-30.B and Appendix 23-A of the Weld County Code. (Department of Planning Services) b. Section 23-4-30.C. states: Off-street parking spaces including access drives shall be surfaced with gravel, asphalt, concrete or equivalent and shall be graded to prevent drainage problems. (Department of Planning Services) c. Section 23-4-30.D. states: Each space shall be equipped with wheel guards or curb blocks when necessary to prevent vehicles from extending beyond the boundary of the space and from coming into contact with other vehicles, walls, fences or plantings. (Department of Planning Services) d. Section 23-4-30.E. states: Lighting provided for off-street parking spaces shall be arranged so as to minimize illumination onto adjoining residential uses and so as to prevent glare directed at vehicles on streets and alleys. e. Section 23-4-30.1. states: No plant material located in driveway sight distance triangles shall be allowed to reach a height greater than three and one-half (3.5) feet. (Department of Planning Services) f. Section 26-2-50.C.1. states: At least ten percent (10%) of the area of a parking lot must be landscaped if the lot contains ten (10) or more spaces, This requirement may be counted toward the maximum lot coverage requirement of each zone district. At least seventy-five percent (75%) of the required landscape area shall include living plant material. Section 26-2-50.0.2, states: Berming and shrub or tree planting shall be used to screen parking lots from view of the roadway. Berms can vary in height, depending on location and proximity of existing trees. Berms shall have smooth transitions from the top of the curb to the setback line so as to not create snow traps, with allowances made for placement of the sidewalk. Grading of berms shall not be lumpy or abrupt. See Appendix 26-H. h. Section 26-2-50.C.3. states: Landscaping techniques shall be used to alleviate the harsh visual appearance that accompanies parking lots. See Appendix 26-I. At least seventy-five percent (75%) of the length of the frontage of the parking lot must be effectively screened. Section 26-2-50.C.4. states: A minimum of five percent (5%) of the parking area shall be landscaped exclusive of setback areas, Trees planted in parking areas should be either in bays or planting islands of at least five (5) feet by five (5) feet, Trees should be distributed throughout the parking area; however, they shall be placed so they do not obstruct visibility for cars and pedestrians. Generally, every tenth parking space should be delineated with a planting island in addition to the five percent (5%). See Appendix 26-J. g• SPR17-0005 I Outworld Brewing Page 4 of 7 • Section 26-2-50.C.5. states: Loading, service or storage areas must be screened with an opaque screen that is an integral part of the building architecture. Chain -link fencing with slats, fabric or pallets is not an acceptable screening material. Plant material shall be used to soften the appearance of the screen. k. Section 26-2-60.C.1. states: All development within the 1-25 RUA shall comply with Chapters 22, 23, 24 and 27 of this Code and the Weld County Engineering and Construction Criteria document shown in Appendix 12-A. Consistent with the urban - scale development standards in the 1-25 RUA, all parking areas for commercial and industrial development shall be paved according to geometric and road structure design standards. 17. The applicant shall include a landscape site plan per Section 26-2-50.B.3. of the Weld County Code as one of the pages of the Site Plan Review map and adhere to landscaping requirements per Section 23-3-250.A.5 and Section 26-2-50 of the Weld County Code. The map shall include following information: a. Section 23-3-250.A.5.a. states: No more than eighty-five percent (85%) of the total area of a lot in any Industrial Zone District shall be covered. Land shall not be deemed covered if it is used for growing grass, shrubs, trees, plants or flowers or if covered by decorative gravel or wood chips, or if it is otherwise suitably landscaped. The applicant shall ensure that 15% of the site is landscaped. Add the percentage of landscaping to the site plan map. (Department of Planning Services) b. Section 23-3-250.A.5.b. states: The portion of the lot that abuts a public right-of-way shall be landscaped for a distance of ten (10) feet measured at a right angle. Only sidewalks and driveways may pass through this area, (Department of Planning Services) G. The following notes shall be placed on the map: 1. An Amended Site Plan Review for a brewpub and commercial parking lot in addition to an existing office, warehousing and storage facility permitted by SPR-342. (Department of Planning Services) 2. All proposed or existing structures will or do meet the minimum setback and offset requirements for the zone district in which the property is located. Pursuant to the definition of setback in the Weld County Code, the required setback is measured from the future rights -of - way line. (Department of Planning Services) 3. In accordance with the Weld County Code, no land, building or structure shall be changed in use or type of occupancy, developed, erected, constructed, reconstructed, moved or structurally altered or operated in the Commercial Zone District until a Site Plan Review has been approved by the Department of Planning Services. (Department of Planning Services) 4. In the event that a portion of the building or lot is proposed to be leased to another party in the future, the applicant shall submit a copy of the lease agreement and information regarding the proposed use of the leased portion to the Department of Planning Services for review. Based upon the proposed use and/or impacts of the leased portion, the Department of Planning Services may require a new Site Plan Review application. (Department of Planning Services) 5. Landscaping materials shall be maintained at all times. Dead or diseased plant materials shall be replaced with materials of similar quantity and quality at the earliest possible time. (Department of Planning Services) 6. All signs shall adhere to Chapter 23, Article IV, Division 2 and Appendices 23-C, 23-D and 23-E of the Weld County Code. (Department of Planning Services) 7. All structures, including signs, on site must obtain the appropriate building permits. (Department of Planning Services) SPR17-0005 I Outworld Brewing Page 5of7 8. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties where such would cause a nuisance or interfere with the use on the adjacent properties in accordance with the plan. Neither the direct, nor reflected, light from any light source may create a traffic hazard to operators of motor vehicles on public or private streets. No colored lights may be used which may be confused with, or construed as, traffic control devices, (Department of Planning Services) 9. Building Permits issued on the proposed lots will be required to adhere to the fee structure of the Weld County Road Impact Program. (Department of Planning Services) 10. Building Permits issued on the proposed lots, will be required to adhere to the fee structure of the County Facility Fee and Drainage Impact Fees. (Department of Planning Services) 11. The property owner shall control noxious weeds on the site. (Department of Public Works) 12, The access on the site shall be maintained to mitigate any impacts to the public road including damages and/or offsite tracking. (Department of Public Works) 13. There shall be no parking or staging of vehicles on public roads, On -site parking shall be utilized. (Department of Public Works) 14. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Planning Services -Engineer) 15. Weld County is not responsible for the maintenance of onsite drainage related features. lrlann Aran# of PIanninn Ccn�iroc_F nninaPrl 16. This site is located in a Municipal Separate Storm Sewer System (MS4) Area which may trigger specific water quality requirements or other drainage improvements. In addition to compliance with applicable Weld County regulations, property owner is required to be compliant with any additional MS4 requirements. (Department of Planning Services - Engineer) 17. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30 20 100.5, C.R.S.) shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. (Department of Public Health & Environment) 18. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S., as amended. (Department of Public Health & Environment) 19. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance conditions. The applicant shall operate in accordance with Chapter 14, Article 1 of the Weld County Code, (Department of Public Health & Environment) 20. 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. (Department of Public Health & Environment) 21. The facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone as delineated in 25 12 103 C.R.S. (Department of Public Health & Environment) 22. Adequate drinking, hand washing and toilet facilities shall be provided for employees and patrons of the facility, at all times. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. The facility shall utilize the existing public water supply - Left Hand Water District. (Department of Public Health & Environment) 23. The facility shall utilize the existing public sewer - Saint Vraln Sanitation District. (Department of Public Health & Environment) SPR17-0005 I Outworld Brewing Page 6of7 24. The facility shall comply with Colorado Retail Food Establishment Rules and Regulations governing the regulation of food service establishments. (Department of Public Health & Environment) 25. The facility shall comply with all applicable rules and regulations of State and Federal agencies and the Weld County Code. (Department of Public Health & Environment) 2. Prior to construction: a. If mare than 1 acre is to be disturbed, a Weld County grading permit will be required prior to the start of construction. (Department of Planning Services - Engineer) 3. The applicant shall submit one (1) electronic (.pdf) copy of the site plan review map for preliminary approval to the Department of Planning Services. Upon approval of the map, the applicant shall submit a Mylar, along with all other documentation required as conditions of approval. The Mylar shall be recorded in the office of the County Clerk and Recorder by the Department of Planning Services, The Mylar and additional requirements shall be recorded within one hundred twenty (120) days from the date the administrative review was signed. The applicant shall be responsible for paying the recording fee. If the Site Plan Review Map has not been recorded within one hundred twenty (120) days from the date the administrative review was signed, or if an applicant is unwilling or unable to meet any of the conditions within one hundred twenty (120) days of approval, the application will be forwarded to the Weld County Code Compliance for violation. The Director of Planning Services may grant an extension of time, for good cause shown, upon a written request by the applicant. (Department of Planning Services) //,%// Site Plan Review conditionally approved by: Michael Hall - Planner Date: 05/30/2017 SPR17-0005 I Dutworld Brewing Page 7 of 7 Hello