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Home My WebLink About20202664.tiffRESOLUTION RE: APPROVE PERMIT APPLICATION AND REPORT OF CHANGES TO CHANGE, ALTER, OR MODIFY LIQUOR LICENSED PREMISES AND AUTHORIZE CHAIR TO SIGN - TAPPIST MUNKS, LLC, DBA OUTWORLD BREWING 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, the Board has been presented with a Permit Application and Report of Changes form from Tappist Munks, LLC, dba Outworld Brewing, for permission to change, alter or modify its premises, in connection with its Brew Pub (County) Liquor License, for the sale of malt, vinous, and spirituous liquors, the manufacture of malt or fermented liquors, and for consumption by the drink on the premises, or for off -site consumption as long as it is sold in sealed and labeled containers, subject to the rules and regulations found in Article 3, Title 44, C.R.S., as described in the application and displayed on the diagram of the premises submitted by the Licensee, and WHEREAS, said application is for the addition of a patio on the premises located at 1725 Vista View Drive, Units B, C, and D, Longmont, Colorado 80504, and WHEREAS, on August 17, 2020, the Board continued said application to allow the applicant further time to complete the construction of the patio, and WHEREAS, on August 31, 2020, after review of the application and the results of the inspection of the liquor licensed premises, the Board deems it advisable to approve said application. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Permit Application and Report of Changes form from Tappist Munks, LLC, dba Outworld Brewing, for permission to change, alter or modify its premises as described in the application and displayed on the diagram of the premises submitted by the Licensee, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that as a condition of said approval to change alter, or modify its premises, the Licensee shall comply with the provisions of Chapters 23 and 29 of the Weld County Code, and obtain any permits required therein. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said application. cc-cctcec-), Socrr►Jtnmictc), C2.-PPL 2020-2664 LC0053 PERMIT APPLICATION AND REPORT OF CHANGES TO CHANGE, ALTER, OR MODIFY LIQUOR LICENSED PREMISES - TAPPIST MUNKS, LLC, DBA OUTWORLD BREWING PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 31st day of August, A.D., 2020. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: docciudo X160;4 Weld County Clerk to the Board Mike Freeman, Chair Stev- orerio, Pro-Tem BY eputy Clerk to the Boar APPR• ED AS TOR ounty Attorney Kevin D. Ross Date of signature: Q6'131(a0 2020-2664 LC0053 COLORADO DEPARTMENT OF REVENUE LIQUOR ENFORCEMENT DIVISION 1697 COLE BLVD SUITE 200 GOLDEN, CO 80401 State of Colorado Department of Revenue ALCOHOL BEVERAGE LICENSE MODIFICATION OF PREMISES PERMIT Permanent Licensee Name OUTWORLD BREWING Liquor License Number 03-09689 License Type BREW PUB (COUNTY) Location of Modified Premises 1725 VISTA VIEW DRIVE UNITS B,C,D Longmont CO 80504 Approval Date 09/08/2020 This permit 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 permit is nontransferable and shall be conspicuously posted with the Alcohol Beverage License issued to the licensee above, until a new or renewal license is issued. Any questions concerning this permit 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. 9/8/20 LSS -/1'GcclwCCe Michelle Stone-Principato, Division Director Heidi Humphreys, Interim Executive Director Chloe Rempel From: Sent: To: Subject: Attachments: Good afternoon, Chloe Rempel Tuesday, September 8, 2020 3:45 PM Brenda Fuller FINAL SIGNED RESOLUTION AND PERMIT - Permanent Modification of Liquor Licensed Premises 2020-2664.pdf Please see the attached Permit for the Permanent Modification of Liquor Licensed Premises and the final Resolution signed by the Board of County Commissioners. Forward as necessary. Sincere regards, Chloe A. Rempel Deputy Clerk to the Board Supervisor Clerk to the Board's Office Weld County 1150 O Street Greeley, CO 80631 Tel: (970) 400-4213 Email: crempel@weldgov.com 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. i DR 8442 (03/22/19) COLORADO DEPARTMENT OF REVENUE Liquor Enforcement Division (303)-205-2300 Permit Application and Report of Changes FOR DEPARTMENT USE ONLY Current License Number 03 - 01 1& dg All Answers Must Be Printed in Black Ink or Typewritten Local License Fee $ 1. Applicant is a .❑ Individual Company Present License Number ■ Corporation • Partnership flA Limited Liability 2. Name of Licensee Tappist Munks, LLC 3. Trade Name Outworid Brewing 4.Location Address 1725 Vista View Drive, Unit B, C, and D City Longmont County Weld ZIP 80504 SELECT THE APPROPRIATE SECTION BELOW AND PROCEED TO THE INSTRUCTIONS ON PAGE 2. Section A— Manager reg/change Section C • License Account No. Permit Permit Name (ea) Premises (ea) $100.00 (ea) 100.00 Permit (ea) 50.00 150.00 $150.00 x $75.00 $75.00 $75.00 to section • Retail Warehouse Storage • Manager's Registration (Hotel & Restr.) • Wholesale Branch House 0 Change Corp. or Trade ❑ Change Location Permit Change, Alter or Modify Total Fee • Manager's Registration (Tavern) ❑ Manager's Registration (Lodging & Entertainment) • Change of Manager (Other Licenses pursuant 44-3-301(8), C.R.S.) NO FEE to Existing H/R $100.00 x • Addition of Optional Premises Section B — Duplicate License Total Fee • Liquor License No. to an Existing Resort or Campus x Total Fee ■ Addition of Related Facility Liquor Complex $160.00 Designation No Fee $75.00 $50.00 • Campus Liquor Complex ■ Duplicate License • Sidewalk Service Area Do Not Write in This Space — For Department of Revenue Use Only Date License Issued License Account Number Period The State may convert your check to a one time electronic banking transaction. Your bank account TOTAL 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 AMOUNT DUE of Revenue may collect the payment amount directly from your bank account electronically. $ .00 1 DR 8442 (03/22/19) Instruction Sheet For All Sections, Complete Questions 1-4 Located on Page 1 ❑ Section A To Register or Change Managers, check the appropriate box in section A and complete question 8 on page 5. Proceed to the Oath of Applicant for signature. Submit to State Licensing Authority for approval. ❑ Section B For a Duplicate license, be sure to include the liquor license number in section B on page 1 and proceed to page 5 for Oath of Applicant signature. x Section C Check the appropriate box in section C and proceed below. 1) For a Retail Warehouse Storage Permit, go to page 3 complete question 5 (be sure to check the appropriate box). Submit the necessary information and proceed to page 5 for Oath of Applicant signature. Submit to State Licensing Authority for approval. 2) For a Wholesale Branch House Permit, go to page 3 and complete question 5 (be sure to check the appropriate box). Submit the necessary information and proceed to page 5 for Oath of Applicant signature. Submit to State Licensing Authority for approval. 3) To Change Trade Name or Corporation Name, go to page 3 and complete question 6 (be sure to check the appropriate box). Submit the necessary information and proceed to page 5 for Oath of Applicant signature. Retail Liquor License submit to Local Liquor Licensing Authority (City or County). Manufacturer, Wholesaler and Importer's Liquor Licenses submit to State Liquor Licensing Authority. 4) To modify Premise, or add Sidewalk Service Area, go to page 4 and complete question 9. Submit the necessary information and proceed to page 5 for Oath of Applicant signature. Retail Liquor License submit to Local Liquor Licensing Authority (City or County). Manufacturer, Wholesaler and Importer's Liquor Licenses submit to State Liquor Licensing Authority. 5) For Optional Premises go to page 4 and complete question 9. Submit the necessary information and proceed to page 5 for Oath of Applicant signature. Retail Liquor License submit to Local Liquor Licensing Authority (City or County). 6) To Change Location, go to page 3 and complete question 7. Submit the necessary information and proceed to page 5 for Oath of Applicant signature. Retail Liquor License submit to Local Liquor Licensing Authority (City or County). Manufacturer, Wholesaler and Importer's Liquor Licenses submit to State Liquor Licensing Authority. 7) Campus Liquor Complex Designation, go to page 4 and complete question 10. Submit the necessary information and proceed to page 5 for Oath of Applicant signature. 8) To add another Related Facility to an existing Resort or Campus Liquor Complex, go to page 4 and complete question 11. 2 DR 8442 (03122119) Storage Permit 5. Retail Warehouse Storage Permit or a Wholesalers Branch House Permit • Retail Warehouse Permit for: • On —Premises Licensee (Taverns, Restaurants etc.) ■ Off —Premises Licensee (Liquor stores) • Wholesalers Branch House Permit Address of storage premise: City , County , Zip Attach a deed/ lease or rental agreement for the storage premises. Attach a detailed diagram of the storage premises. Change Trade Name or Corporate Name 6. Change of Trade Name or Corporation Name supporting documents) of State, or of State, and • Change of Trade name / DBA only • Corporate Name Change (Attach the following 1. Certificate of Amendment filed with the Secretary 2. Statement of Change filed with the Secretary 3. Minutes of Corporate meeting, Limited Liability Members meeting, Partnership agreement. Old Trade Name New Trade Name Old Corporate Name New Corporate Name Change of Location 7. Change of Location NOTE TO RETAIL LICENSEES: An application to change location has a local application fee of $750 payable to your local licensing authority. You may only change location within the same jurisdiction as the original license that was issued. Pursuant to 44-3-311(1) C.R.S. Your application must be on file with the local authority thirty (30) days before a public hearing can be held. Date filed with Local Authority Date of Hearing (a) Address of current premises City County Zip (b) Address of proposed New Premises (Attach copy of the deed or lease that establishes possession of the premises by the licensee) Address City County Zip (c) New mailing address if applicable. Address City County State Zip (d) Attach detailed diagram of the premises showing where the alcohol beverages will be stored, served, possessed or consumed. Include kitchen area(s) for hotel and restaurants. 3 OR 8442 (03/22/19) Modify Premises or Addition of Optional Change of Manager Premises, Related Facility, or Sidewalk Service Area 8. Change of Manager or to Register the Manager of a Tavern, Hotel and Restaurant, Lodging & Entertainment liquor license or licenses pursuant to section 44-3-301(8). (a) Change of Manager (attach Individual History DR 8404-I H/R, Tavern and Lodging & Entertainment only) Former manager's name New manager's name (b) Date of Employment Has manager ever managed a liquor licensed establishment? Yes ■ No ■ Does manager have a financial interest in any other liquor licensed establishment? Yes ■ No ■ If yes, give name and location of establishment 9. Modification of Premises, Addition of an Optional Premises, Addition of Related Facility, or Addition of a Sidewalk Service Area NOTE: Licensees may not modify or add to their licensed premises until approved by state and local authorities. u 4 (a) Describe change proposed A�� fin of 1'ztr Pvh o &red., �� l e_1O - d . ?fern t& (b) If the modific ion is temporary, when will the propo d hange: Start (mo/day/year) End 1 V ,� (mo/day/year) -F-f NOTE: THE TOTAL 'STATE FEE FOR TEMPORARY MODIFICATION IS $300.00 E (c) Will the proposed change result in the licensed premises now being located within 500 feet of any public or private school that meets compulsory education requirements of Colorado law, or the principal campus of any college, university or seminary? (If yes, explain in detail and describe any exemptions that apply) Yes ■ No WI (d) Is the proposed change in compliance with local building and zoning laws? Yes JK No ■ (e) If this modification is for an additional Hotel and Restaurant Optional Premises has the local authority authorized by resolution or ordinance the issuance of optional premises? Yes ■ Nolt (f) Attach a diagram of the current licensed premises and a diagram of the proposed changes for the licensed premises. (g) Attach any existing lease that is revised due to the modification. (h) For the addition of a Sidewalk Service Area per Regulation 47-302(A)(4), include documentation received from the local governing body authorizing use of the sidewalk. Documentation may include but is not limited to a statement of use, permit, easement, or other legal permissions. Campus Liquor Complex Designation 10. Campus Liquor Complex Designation An institution of higher education or a person who contracts with the institution to provide food services (a) I wish to designate my existing Liquor License # to a Campus Liquor Complex Yes ❑ No ■ Additional Related Facility 11. Additional Related Facility To add a Related Facility to an existing Resort or Campus Liquor Complex, include the name of the Related Facility and include the address and an outlined drawing of the Related Facility Premises. (a) Address of Related Facility (b) Outlined diagram provided Yes ❑ No O 4 DR 8442 (03/22/19) Oath of Applicant I declare under penalty of perjury in the second degree that I have read the foregoing application and all attachments thereto, that all information therein is true, correct, and complete to the best of my knowledge Signature iaz Title � � r� y lli:61/1.0_>iry).0 Licensing Authority (CITY / CO) � mises, business conducted and character will comply with the applicable provisions �• refore, This Application is Approved. Date of the applicant is of Title 44, .r Report and Apl illyil,��;. The foregoing application has bee •�+ - - �•----•- .,,6�� satisfactory, and we do report .•t s •; s�,►1.4•d, Articles 4 and 3 t .R : - r'Tii,% �'=≥ Local Licensing Authority (City or County) 11861 :( 'j ' ��" GN, 1 Date filed with Local Authority 7/30/2020 Weld County, Colorado Signature Q Mike Freeman, Chair - - �iOtLi� >oard of County Commissionres TO Date AUG 3 12020 Report of STATE Licensing Authority The foregoing has been examined and complies with the filing requirements of Title 44, Article 3, C.R.S., as amended. Signature Title Date 5 August 28, 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 TAPPIST MUNKS, LLC DBA OUTWORLD BREWING 1725 VISTA VIEW DRIVE UNITS B, C, AND D LONGMONT, CO 80504 RE: REPORT OF INVESTIGATION FOR APPLICATION TO MODIFY LIQUOR LICENSED PREMISES - TAPPIST MUNKS, LLC, DBA OUTWORLD BREWING Dear Applicant: On August 6, and 28, 2020, I traveled to the proposed licensed premises known as Tappist Munks, LLC, dba Outworld Brewing, located at 1725 Vista View Drive, Units B, C, and D, Longmont, Colorado 80504. While there, I made an on -site inspection regarding the Modification of Liquor Licensed Premises application filed for a Brew Pub (County) Liquor License. This item will be heard by the Board of County Commissioners as the Liquor Licensing Authority for Weld County on Monday, August 31, 2020, at 9:00 a.m. My inspection revealed the following: 1. The proposed modification to the licensed premises is not directly connected to a different licensed premises, pursuant to C.R.S. §44-3-301(3)(a). 2. The diagram of the proposed licensed premises is correct. 3. The location is contiguous or adjacent to the currently licensed premises and is capable of being monitored by the licensee. 4. The area to be added/modified is clearly delineated by barriers (permanent physical barriers), and warning signs regarding laws against public consumption of alcohol beverages, for example "No alcoholic beverages beyond this point," are posted in areas visible to the public at all points of ingress and egress. LC0053 REPORT OF INVESTIVATION - TAPPIST MUNKS, LLC, DBA OUTWORLD BREWING PAGE 2 5. The sign noticing the place, date, and time of the hearing for the modification of premises application was posted by the Clerk to the Board's Office in such a manner that the notice was conspicuous and plainly visible to the public, when I was there at approximately 1:00 p.m. on August 6, 2020. Very truly yours, Chloe A. Rempel, Deputy Clerk to the Board Supervisor (970) 400-4213 crempel@weldgov.com cc: Weld County Attorney's Office Weld County Board of Commissioners LC0053 . .... , . ..... a, a ••• , • . •• • I. - „2,44.. • a.allr • 4•6 . _ . .. ' •‘..- •••••: -. ......1......:::..-... 4:1; : .. 1.. ' .4.. • r.:. Y. _ - *ftF - 1 • • •-,••• • 1 ' ... •'r.. .yam•/1` _ • •-. • .•. •r•' •. S. _ . :a - ,.••• .,-•_I•`. • ` ' `+ I:" 1.4•14:11.... r ` _ I - • -•' ..' - •l .1, . 1 ... do:. :' .......••• .4...."..........: 0 • \ ' \•• ( • .. .. I .•, • • • ♦ ` • • • • ! 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' • 11111-I -IiI 000 • a • • VP- • � r • i t • • • L L'. s• rois oct .107 A i THIS PO - 7 e•-• ' _ ' •�� - APPLICATION FOR THE MODIFICATION OF LIQUOR LICENSED PREMISES - TAPPIST MUNKS, LLC, DBA OUTWORLD BREWING Updated Diagrams of the Liquor Licensed Premises • N h X65 wjjekt_a Ru G_URKE_NS1,ist ce_E NE E p /AREA ST L C �o Su�RociNb PAT( o %'`Q ()oft OL UP Poo'pS ciltuaousu p D ek* Outworld Brewing Support Materials for Permit Application and Report of Changes DR 8442 Control Plan for Outworld Brewing —REAR OF BUILDING —OUTDOOR SEATING Hours of Operation The extended premises included in the liquor license modification request will conform to the same hours of operation for the brewpub Currently, the hours are Wednesday- Sunday 3pm to9pm Boundary: The proposed outside seating area would sit atop a concrete patio and would be enclosed by 42 inch steel railing permanently affixed to the concrete floor Ingress and Egress: Guests will be able to enter and exit the outside seating area from the taproom, only, using one of two twelve -foot roll -up doors for ingress and egress The outside seating area will be visible by &server or other staff assigned to confirm social distancing and to ensure that alcohol is not taken off premises Signage: There will be a "No alcoholic beverages beyond this point" sign on the Emergency Exit, which is adjacent to the steel railing, should anyone exit the building through that door Responsible Service: Our bartenders are TIPS certified and trained in the responsible sale of alcohol i - l.1ttt :-L• {. 1'1-1.'', i vn.'.i t' W ; , ,t I JW71' Lkltit L kit:* i, j 4- 2 '" fl trig. t i s; v 3 r, j ,1 4'T V'Lit tMtE A`TA-4a'iJ. ?Lk\ L4 (4E J /t` 1IL !:lid A C a . ft a lC 7 -At t.,4? 44" I Jul */ „p a.1.!r!lirSie i • J • •• e • t • W tUr SNP , • •• .aa Y• .M' f all t l M.Z ., — v \ S. •••• • f • I J ase O. 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DNi '� rFE:[FI DESK 26 ._ L:� ON �L211 r1► 3 I Security Plan - Outworld Brewing -1725 Vista View Drive 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 Exterior 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 l 8r APPLICATION FOR THE MODIFICATION OF LIQUOR LICENSED PREMISES - TAPPIST MUNKS, LLC, DBA OUTWORLD BREWING Former Diagrams of the Liquor Licensed Premises 2 - C1 `'"1►.t,1 Ij Wt1uF1 i 3. 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BRE1 : /./ ' ' ,/// //,z/ , / / .. 1 --- � � t\D30 . ;Q'\ MEZZANINEFP �C )C )C )C i� ) II - 1 d\ J)) �• 4e,_ /a Is 210 I / 1Sir \re 106 1 1/4 --{�, �. I� . D`�0N I 1 a a .. .. �... .�.. 1 1 109.-61/4 -- 1 �' - /J / r STAIR - ! � �. ENTRANCE IIJ !III % /� �/,, /�''-; , /./ i / // / -' / / / / ... r_ HATC Hf D AR EA . _ lib IMP al \, OPEN TO BELOW .: ,A421 /7/,' / ! , ,' r ; ,,., ,,, �,�: ,_ Th,, . , j / ., DESK //./ , , i / I (D10) OFFICE ,��`" �, °`' ,r , N)' 1 c pA22in C •r i / ,% ' OFFICE LOUNGE l I ,', t • AREA `TAPS /' _st — _J nt 1 Tai 1 f 1 i ' 212 I C10 ",' / C10 ," MEZZANINE 1 ,DESK -1r --,26._I_'1.4,-i► ON I • Security Plan - Outworld Brewing -1725 Vista View Drive B, C, D Tappist Munks, LLC has established the following security plan to secure the premises of Outworld Breunng 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 Exterior security cameras covenng perimeter of premises and entry/access areas 3 Interior door locks - card key access 4 Interior 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 F. APPLICATION FOR THE MODIFICATION OF LIQUOR LICENSED PREMISES - TAPPIST MUNKS, LLC, DBA OUTWORLD BREWING Property Information Outworld Brewing Support Materials for: Permit Application and Report of Changes DR 8442 Approvals Outworld Brewing has received approval from the Planning Department (Mike Hall) to proceed with the concrete patio expansion on the East side of the Outworld Brewing units, provided the loading zone and flow of traffic is not impeded and there are proper safety measures in place. Please see email below from Mike Hall (Attachment One). Per guidance from the Planning Department, we contacted Doug Saba (303) 434-1992, the Fire Marshall at Mountain View Fire Rescue, who approved the patio layout on July 28, 2020. He has asked that you reach out to him if you have any questions. In addition, we contacted the Weld County Building department 1-970-400-6100, Front Desk, on 7-28- 2020 and were informed that the Department does not inspect flat work, such as the concrete patio at issue here. or ATTACHMENT ONE PLANNING DEPARTMENT EMAIL From: Michael Hall <mhall cr.weldgov.com> Date: July 10, 2020 at 7:42:10 AM PDT To: irvin fuller <sean.outworld(gmail.com> Cc: Brian Fuller <bgfuller.outworldeomail.com> Subject: Outworld concrete patio review Sean, After review of the proposed concrete patio expansion of the east side of the Outworld Brewing units by Planning, Public Work, Environmental Health and Legal staff, no concerns have been identified that would require an amendment to the existing Site Plan Review SPR17-0005. Please make sure the loading zone and flow of traffic is not impeded and proper safety measures are in place. As I previously mentioned to Brian, because the patio extends out into the area designated as the fire access lane, I recommend you contact LuAnn Penfold at Mountain View Fire Rescue at 303-772-0710 to verify that they have no concerns. At this point, you should contact the Weld County Building Department at 970-400-6100 to see if they have any requirements. Thank you, Michael Hall Planner II 1555 N 17th Ave Greeley, CO 80631 (970) 400-3528 mhalleco.weld.co.us 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. From: irvin fuller <sean.outworld@gmail.com> Sent: Friday, June 26, 2020 7:26 PM 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 III�11�1111111�1 Warranty Deed (Pursuant to 38-30-113 C.R.S.) State Doatlnentary Fee Date: March 25, 2016 110.00 THIS DEED, made on March 25, 2016 by ACME INVESTMENTS, LLC, A COLORADO LIMITED LIABILITY COMPANY Grantee(s), of the County of WELD and State of COLORADO for the consideration of ($1,110,000.00) "" One Millon One Hundred Thousand and 00/100 *** 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, County of BOULDER, and State of COLORADO, the following read 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.2866106 AND AS DEFINED BY THE CONDOMINIUM DECLARATION RECORDED JULY 16, 2001 AT RECEPTION NO.2866195 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 *B, C, AND D LONGMONT CO 80504 with all its appurtenances and warrants the 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 Thie 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 property; distribution utility easements, (including cable TV); those specifically described rights of third parties not shown by the public records of which Grantee(s) has actual knowledge and which were accepted by Grantees) in accordance with Off -Record Nile Matters (Section a3) and Current Survey Review (Section 9) of the Contract to Buy and Sell Real Estate relating to the above described real property; inclusions of the Property within arty special tax district; Arty 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 Na1AMY 1D ieeiio071a6 My Commission Expires May 24.20111 The foregoing instrument was acknowledged before rue on this day of March 25, 2016 by JAMES E. KREITMAN AS MANAGER FOR ACME INVESTMENTS, LLC, A COLORADO LIMITED LIABILITY C expires ed Return to: OUTWORLD PROPERTY INVESTMENT, LLC, A COLORADO LIMITED LIABILITY 8215 CATTAIL DRIVE NIWOT, CO 80503 Form 13050 12/2015 wd.16.odt 1-16 Warranty Deed (Photographic) FCC25137404 (24391935} dMIL•an QIMMM „, ..,a �„ .,..,,..,. Lr.. ti..,�.,Loo ° S- 408 COMMERVISTA FILING I A PART OF THE SOUTH 1/2 OF SECTION 5 £ NORTH 1/2 OF SECTION 8, TOWNSHIP 2 NORTH, RANGE 68 WEST,: OF THE 6TH P. M. , WELD COUNTY, COLORADO JANUARY 15, 1997 •. ,' "°'e . nm i.m �o, D..en.io .,.. ..,. «mrr CO: !PICKETT ENGINEERING COMPANY ., x o - x.. I.66,a+ CURVE MOILS DEBT. DISTugE O REARM - .' _ .. .. . - x a+..» .E.D co x+ «omo o. ... ,.. ;.a • ,. r ....,, .,,.r.., .. i.,>,., , .: ,..... iXltt.• i st.«r n,.q, .. _- ig �I � c a x .. , y a .�..� �,.. mll .S�� \E� •.��w�� NOE ,.. 09 OA. 1 BO OA. + •Co056 +x x+x LINE OF SECTION x + es nz ee a ro.Es+. `J �9 Ex+s�„...,+,.,... 4.12 o 6 Pt ., Es, ,/,':°V.8 .x c, „ .... ,.•a .... ,... RT3Tio m. Eit“r3+73 T + r .x e , -r . an.DD *°�4+w.war DwV5o s„r..r a «...,r..r +x Di z. EAS.. A HORIZON INVESTMENTS L. L.C 1835 FAITH PLACE V LONGMONT CO 80501 `ae r:fx030 960 00 63 29 32 509 n 9fIA 06 156,9 08 E e..r.r Dale 99 xg0D x ao ,..IKr 2 DC .Es, s.o .EE, .w .x *". ��6: ,n or zsc+Iw e ° .r, l.,-... IIr.D.eo .w by County o..v„.x.r., ,.,,r ,Ada,..,,.. � p�;7 ... yJ NOTES /"1 / eE.n. sou+. eEsruxiw c.c+'421:.x+s .uD .s DEscido Ix : . " I +.. + " +x.r cao.ecrs .c.Ixs, swr w�. W E'W + ax x., ... 0 p —aL —4-7 ,ow.x .o i =••• SAID n.c. cox+.I.Ixr. ,s zz .cas w.e o= „ .I c.. '""•"' o + e rp� 5k ", Mr ... c[o+ +I ox VISTA COMMERCIAL CENTER FINAL PLAT 0 rr�. Sr ` i or 0 40.01' r 0 0 A 5.06 SG Fr N AT CORRECTED PLAT VISTA COMMERCIAL CENTER FINAL PLAT °FEs.a ° ul.°& ST YETAI. CY ell ROW P. 857 Si 4.90'50 FT 1.13 Ave. 10 00 �//COLORADO STATEIBOGIMAY ..",,,RIGHT -Or R COLORADO STATE HIGHWAY •119 -La.r�ems. _.a ..,,.wE. 95 wa A0 0 55332 So 23. 1.27 ACRES NO. SO FT 1 22 ACRE TE 653 SAFI. SO IT 1 ACRES 453. IS c" VISTA VIEW DRIVE S3n7 SO FT I 20 ACRES 170 SS 20 AMES 62709'99 FT Ta 53718 1 23 ACRES HT 5236, 92 FT I 20 ACRES 52.5 52.0 SO r.» .wee 1.a ACRES 53772 .52 AT 1.23 ACEZS AS NT,LIYAI1G I, 60757 30.iT O . IA 59715 SO FT 60.6'60 rT 1 36 ALMS 1372 35• 539.2696, SKYWAY DRIVE 56332 SO FT 6E19It SP GINO SO FT I TO ACRES 66312 90 FI 1.52.6x0 0E r3 87175 Afe.nxx,c.o x H" sI . CHANGE TO PLAT LIST 01 ADDED BEARING f3 DISTANCE 02 SEARING DISTANCE IDe DISTANCE DS LOT AREA © DISTANCE ❑A LOT AREA 16 DISTANCE O DISTANCE QJ DISTANCE © DISTANCE 1B DISTANCE MI DISTANCE 1[]9 DISTANCE B❑ DISTANCE O LOT AREA 10 DISTANCE 1O1 DISTANCE 102 DISTANCE 700727 01197• SO FT 1,513 ACRES MON SO FT 197.18 .IA ES 1 r,,.» 0 a NOTE: EASEGENTSOil ISv AGEELES6 OTHERWISE NOTED. DACANDS N Y BE SEE FOR 00a10uR1O ji [L ITIES ExCEPi i 41U°S@ °Gko 55 R°Sobnerwe',.' AI"E14n xITx 0..5116 70346 SO FT 7 x0x.cxs 1118 .°°wf-sx°°N s aEnml4'0114 °rvAi'A"VAL.cuoixhzi. `s r e f 614,11 ,] 5331.9'50 FT 1 22 AIM 566,9 Stir, I 30 ACRES 558•TS 53 6 196 63.63 SO FT 92 ACRES 11 01 9: p0,ti` S-408 d7;LiWP3E.tx, 22 ca -WEPT' hr rn. e 3 SS- STATIC $.m'C� R DTE:I ZONING FOR VLSI ALCOI€DCIAL CENTER NIGMMAT CONNERCIAL 1C-31 MN°A N A0II 11W PROPERTY LINE SECTION LINE ROM LINE EASEMENT LINE CENTER LINE GRAPNIC, SCALE 1001 POO PICKETT ENGINEERING COMPANY COMMERCIAL LEASE FIFTH ADDENDUM THIS ADDENDUM, dated July 28, 2020 is between Outworld Property Investment, LLC ("Landlord") and Tappist Munks, LLC ("Tenant"). WHEREAS, Landlord and Tenant entered into a certain Commercial Lease, dated May 1, 2016, as amended ("Lease"), whereby Landlord agreed to lease the space described in the Lease to Tenant; and WHEREAS, the parties now desire to further amend the Lease. NOW, THEREFORE, in consideration of the promises herein contained and for other good and valuable consideration, notwithstanding anything contained in the Lease to the contrary, the parties hereto agree as follows: 1. Section 1 "Leased Premises and Use." Section 1 "Leased Premises and Use" is hereby amended to clarify that the leased space is amended to include (x) the sidewalk area outside the front entrance that is approved for liquor service by Weld County, pursuant to Tenant's DR 8442 Permit Application and Report of Changes form, submitted on or around July 29, 2020 and (y) the concrete patio seated area in the rear of the Leased Premises that is approved for liquor service by Weld County, pursuant to Tenant's DR 8442 Permit Application and Report of Changes form, submitted on or around July 29, 2020. 2 All capitalized terms not defined in this Addendum shall have the meaning ascribed thereto in the Lease. IN WITNESS WHEREOF, the duly authorized officers of the parties have entered into this Addendum as of the first date written above or the effective date of the Lease, whichever is sooner. OUTWORtD-' ' OPER INVESTMENT, LLC TAPP ST MUNKS, L By: Name (printed): Title: By: Name (printed): C Title: COMMERCIAL LEASE This Lease Agreement ("Lease") is entered into on this day of May, 2016 by and between Outworld Property Investment, LLC ("Lan lord") 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 shalt 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: 1725 Pies of Mowed: [ 1 set pay [ 1 rmeme same • The Amused was this dey: [ slid is abmwee [ 1 ews.cinaomnoma+wessRa+w 1+1 i1G I /►mtti-(n'[Vtt" l 1 isnamor.em s Amstardrmstrm [ 1 MOArlowcr UI [ 1 ATRNIYwan. [ 1 Inemnird, e0 jeil ssrex will be imposed [ 1 TmemlemelmmpmeNT resew I impels the ndbSaloom siosSemm [- -1 ( I CYa mum of TOO srpeedd _ lemma ssmtoss0 • em Wes et1vd+Awlarrf+.nleiVie peso, eel popes Ism he m r, le; 33.1-117,oedr r maidtr peddmsmsa dd [ 11rm'•+ Momt"dW as 1 e•••dr may • ,. 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S YaCI' -- _ _e. C -rs-..1 -V FINE COSTS :Im ago m o e� ~ 143 101DOAF 113 01111111E FEE 11 18iIIIXEPEE 111 DRUG ANALYSIS FEE 113 1ONRION INTERLOCK 113 - 11/1 CT. APPT. ATTY 121 T.I.A. PEE IS WEYIINOTEE CICF • BLOOD TEST FEE 131 TIP 229 MO 134 1AF ass aisr 146 NON.Oo1LSOC. (Am. FEE-------- DocuSigr Envelope ID. 31 F30DC4.6ED8-488D-8202-473DD9779FC8 GocoSion Envelope ID: 7ESDF810.OFF04243 BA17-4C5A82FAB512 1 2 3 4 5 6 7 8 9 10 11 12 13 LIV Sothebyfs Plane: (303) 443.6161 Fax: (303) 443.3822 1050 walnut St Ste 100 Boulder, CO 80302 INTERNATIONAL REALTY The printed portions dam form, except ddlezectiated additions, have been approved by the Colorado Real Estate Ca:minion (CBS4-6-15) (Mandatory 1.161 THIS FORM HAS IMPORTANT LEGAL CONSEQUENCES AND TEE PARTIES SHOULD CONSULT LEGAL AND TAX OR OTHER COUNSEL BEFORE SIGNING. CONTRACT TO BUY AND SELL REAL ESTATE (LAND) ( ) Property with No Residences) (O Property with Residences —Residential Addendum Attached) AGREEMENT Date: October 18, 2026 14 1. AGREEMENT. Buyer agrees to buy and Seller agrees to sell, the Property described below on the terns and conditions set 15 forth in this contract (Contract). 16 2. PARTIES AND PROPERTY. 17 2.1. Buyer. Buyer,Outvorld Property investment, LLC, 18 will take title to the Property described below as 0 Joint Tenants:I Tenants In Common all Other In Severalty. 19 22. No Assignability. This Cataract Is Not assignable by Buyer unless otherwise specified in Additional Provisions. 20 21 2.3. Seller. Seiler, 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 Lk Blk 1 Vista Commercial Canter 23 26 27 28 29 knowom No. 1649 Vista View Drive (Lot 5) Longmont CO 80504 Street Address City State Zip 30 31 together with the interests, easements, rights, benefits, improvements and attached Ensues appurtenant thereto, and all interest of 32 Seller in vacated streets and alleys adjacent thereto, except as herein excluded (Property). 33 34 2.5. Inclusions. The Purchase Price includes the following items (Inclusions): 35 2.5.1. Inclusions. The following items, whether fixtures or personal property, are included in the Purchase Price 36 unless excluded under Exclusions: 37 WA 38 39 40 41 42 If any additional irems are attached to the Property after the date of thhis Contract. such additional items arc also included in the 43 Purchase Price. 44 2.5.2. Personal Property • Conveyance. Any personal property most be convoyed al Closing by Seller free and 45 clear of all taxes (except personal property taxes far the year of Closing), liens and encumbrances, except N/A. 46 Conveyance of all personal property will be by bill of sale or other applicable legal instrument 47 48 2.6. Exclusions. The following items ate excluded (Exclusioos): CB&b-1S. CONTRACT TO BUY AND SILL REAL ESTATE (LAND) 1M212016 11A9 Byer ldhlw Seller WBas Page 1 of 18 DocuS,gn Envelope ID 31 F30DC4-6E08.4880-82C2-473DD9779FC.8 Doeu$Ian Eiwetope tD: 7E3DF81 D-0FFO-4249.8A17.C5A82FAB512 49 N/A 50 51 52 53 54 2.7. Water Rights, Well Rights, Water and Sewer 'Paps. 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 rotating to water not included in $42.7.1.2.73. 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. Sethi agrees to supply tenoned information to Buyer about the well. Buyer understands that 64 if the well to be transferred ia a "Small Capacity Well" or a "Domestic Exempt Water Well", used for a:diosty household 65 purposes, Buyer must, prior to or at Closing, complete a Change in Ownership form for the well. If an misting well bu not been 66 registered with the Colorado Division of Water Resources in the Department of Natural Resources (Division). Buyer mast 67 complete a registration of existing well form for the well and pay the cat of registration. If ao person will be providing a closing 68 service in connection with the transaction. Buyer must file the form with the Division within sixty days after Closing. The Well 69 Permit • is N/A. 70 O 2.7A. Water Stock Certificates. The water stock certificates to be tansferred at Closing are as follows: 71 N/A 72 73 2.73. Water and Sewer Tarps. The parties agree that water and sewer taps hated below for the Property are being 74 conveyed as part of the Purchase Price as follows: 75 Water and Starer Taps are available but not included in the sale. 76 77 78 79 80 If any water or sewer taps are included In the sale, Buyer is advised to obtain, from the provider, written confirmation of 81 the anent remaining to be paid, if any, lime and other retrktfons far transfer and use of the taps. 82 2.7.6. Conveyance. If Buyer is to receive any rights to water pursuant till 2.7.2 (Other Rights Relating to Water), 83 4 2.7.3 (Well Rights), or f 23.4 (Water Stock Certificates). Seller agrees to convey such rights to Buyer by executing the 84 applicable legal instrtnneat at Closing. 85 2.8. Growing Crops. With respect to growing crops, Seller and Buyer agree as follows: 86 N/A a7 88 3. DATES AND DEADLINES. [lens No. Reference Event Date or Deadline 1 5 43 Alternative Earnest Money Deadline 72 hours Exam mutually ccepted contract Title November 7, 2016 2 6 8.1 Record Title Deadline 3 4 8.2 Record Tide Objection Deadline Noveeber 11, 2016 4 4 8.3 Off -Record Title Deadline November 7, 2016 5 4 83 OH -Record Title Objection Deadline November 11, 2016 CB$4415.CONTRACT TO Bun AND SELL REAL ESTATE (LAND) 1imam 51:09 Bayer ieit sae Weals (� t F.e. 2 aria DocuSign Envelope ID 31F30DC4.6ED8.488O-82C2-473DD9779FC8 pecuSpi Emmons lD:7E3DfBID-OFFO-4249•BA1T-4C5M2FA8512 6 18.4 Title Resolution Deadline November 15, 2016 7 18.6 Right of First Refusal Deadline N/A Owners' Association 8 § 73 Association Document Deadline November 7, 2016 9 § 7.4 Association Moments Objection Deadline November I2, 2016 Sellch Property Disclosure 10 § 10.1 Seller's Property Disclosure Deadline November 7 201 Loan and Croat 11 § 5.1 Lora don Deadline November 7, 2016 12 45.2 P.osa action Deadline December 19, 2016 13 § 5.3 Buyer's 't Information Deadline N/A 14 15.3 Disakspswal of Buyer's Cre eat Information Deadline VA 15 4 5.4 Exist Loan Documents Deadline N/A 16 954 Emisitiog Loan Neiman' Objection Deadline N/A 17 § 5.4 Loan Transfer Approval Deadline N/A 18 §4.7 , Sdec or Private Financing Deadline Appraisal Appraisal Deadline N/A JIIIIIIIIIIIIIIINIE December IS, 2016 19 § 62 20 16.2 Appraisal Objection Deadline Deoember 16, 2016 21 § 62 Appraisal Resolution Deadline December 29, 2016 Survey 22 § 9.1 New II.C or New Survey Deadline 2016 23 § 9.3 New ILC or New Survey Objection Deadline December 16, 2016 24 19.4 New ILC or New Survey Resolution Deadline December 19, 2016 Inspection and Diu Diligence 25 1103 Inspection Objection Deadline December 26, 2026 26 4 1D3 lnsperlionReaolution Dedline December 29, 2016 27 § 10.5 Property Insurance Objection Deadline December 16, 2016 28 1 10.6 Due Diligence Documents Delivery Deadline December 23, 2016 29 910,6 Due Mime* Documents Objection Deadline December 27, 2016 30 110.6 Due Diligence Documents Resolution Deadline December 29, 2016 31 110.6 Environmental Inspection Objection Deadline December 26, 2016 32 4106 ADA Evaluation Objection Deadline N/A 33 § 10.7 Conditional Sale Deadline N/A 34 111.1 Tenant Estoppel Statements Deadline N/A 35 § 112 'beam Estoppel Statements Objection Deadline N/A allINIMPIIIIII January 12, 201 Ctadeg mead Prouesrion 36 § 12.3 (losing bate 37 4 17 PMnunsion Date January 12, 2017 38 417 Possession Time delivery of as 39 128 Acceptance Deadline Dale OV 40 § 28 Acceptance Deadline Time 5;00 EN rsDr N/A N/A N/A J f ' N/A N/A r N/A 101" 89 3.L Applicability 'fibrins. Any box checked in this Contract means the corresponding provision applies. Any box, 90 blank or hne in this Contract left blank or eompleted with the abbreviation "N/A", or the ward "Deleted" means stilt provision, 91 including any deadline, is not applicable and the camspanding provision of this Contract to which reference is made is deleted. 92 no boa is checked in a provision that contains a selection of "None", such provision means that "None" applies. 93 The abbreviation "MEC' (mutual execution of this Contract) means the date upon which both pasties have signed this Contract. 94 95 4. PURCHASE PRICE AND TERMS. 96 4.1. Price and Terms. The Purchase Price set forth below is payable in U.S. Dollars by B uycr as follows: CBS4.•IS. CfrON L9CT TO BUY AND SCLL REAL ESTATE NAM 1335!010 11:09 Buyer WlIal . &Oa;Atlas /a V fap3d13 DocuSgn Envelope ID: 31 F3ODC4-6ED0-4880-82C2-473DD9779FC8 OoeuSign Envelope la 7030F0160FF04249-BAmCeea7FA8512 Item No. Reference Item Aaouat $ 315, 000.00, $ Amount 10, 000.00 1 4 4.1 Purchase Price 2 4 43 Earnest Money 3 g 4.5 New Lem S 252, 000.00 4 4 4.6 Assumption Balance $ N/A 5 f 4.7 Private Financing ..... .... $ N/A 6 f 4.7 N/A Seller Financing N/A ...: $ N/A 7 . N/A N/A g N/A N/A N/A N/A 9 4 4.4 Cads at Closing _ $ 53, 000.00 10 TOTAL S 31s, 000.04 3 315, 000.00 97 4.2. Seller Concession. At Closing, Seller will credit to Buyer S N/A (Seller Concession). The Seller 98 Concession may be used for any Buyer fee, cots, charge or expenditure to the extent the amount is allowed by the Buyer's lender 99 and is included in the Closing Statement or Closing Disclosure, at Closing. Examples of allowable items to be paid for by the 100 Seller Comxuion include, but are not limited to: Buyer's closing costs, loan discount points, loan origination fees. prepaid items 101 end any other fee, cost, dense, expense or expenditure. Seller Concession is in addition to any sum Seller has agreed to pay or I02 credit Buyer elsewhere in this Contact 103 4.3. Earnest Money. The Earnest Money set forth in this section, in the focus of a vire transfer , will be 104 payable to and held by Wright Kingdom Real Settee (Earnest Money holder), in its trust account, on bdealf of 105 both Seiler and Buyer. The Earnest Money deposit must be tendered, by Buyer, with this Connect valets the parties mutually 106 agree to en Alternative Earnest Money Deadline for its payment. The patties authorize delivery of the Ernest Money deposit to 107 the company conducting the Closing (Closing Company), if any, at or before Closing. In the event Eameat Money Holder has 108 agreed to bane interest on Earnest Money deposiu transferred to a find established for the purpose of providing affordable housing 109 to Colorado tesidenu, 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 fund. 111 43.1. Alternative Earnest Money Deadline. The deadline for delivering the Earnest Money, if other than at the 112 time of tender of this Contact, is as set forth as the Alternative Earnest Money Deadline. 113 4.3.2. Return of Earnest Money. If Buyer has a Right to Teronesoe and timely terminates, Beyer le entitled to 114 the return of Earnest Money as provided in this Contract. If this Contract is Wank:aced u sa forth in 4 25 and. except as provided 115 in $ 24, if the Earnest Money has not already been returned following receipt of a Notice to Terminate, Seller agrees to execute 116 and return to Buyer or Broker working with Buyer, written m usual instructions (e.g., Earnest Money Release form), within three 117 days of Seller's receipt of such fame. 118 4,4. Form of Fonda; Ilene ef Payment; Available Funds. 119 4.4.1. Good Funds. All amounts payable by the parties at Closing, including any limn proceeds, Cash at Closing 120 end closing costs, most be in funds that comply with all applicable Colorado laws, including electronic transfer funds, certified 121 check, savings and loan teller's chock and cashier's check (Good Tends). 122 4.4.2. Time of Payment; Available Funds. All Ibnds, including the Purchase Price to be paid by Buyer, must be 123 paid before or at Closing or as otherwise aimed in writing between the parties to allow disbursement by Closing Company at 124 Closing OR SUCH NONPAYING PARTY WILL BE IN DEFAULT. Breyer represents that Bayer, as of the date of this 125 Contract, ® Does O Does Not have funds that am immediately verifiable and available In an amount not less than the amount I26 stated as Cash at Closing in $ 4.1. 127 4.5. New Lou. 128 45.1. Royer to Pay Loan Cats.. Buyer, except as provided in k 4.2, if applicable, must timely pay Buyer's loan 129 cost, loan discount points, prepaid items and loan origination fees, as required by lender. 130 45.2. Buyer May Select Financing. Buyer may pay in cash or select financing apptopdste and acceptable to 131 Buyer, including a different loon than initially sought, except as restricted in 44.5.3 or S 30 (Additional Provisions). 132 4.5.3. Loan Limltatlens. Buyer may purchase the Property using any of the following types of Iowa: 133 ® Conventional O Other N/A. 134 4.1i. Asenmption. OMITTED AS INAPPLICABLE. 147 4.7. Seller or Private Financing. OMITTED AS INAPPLICABLE. 164 I TRANSACTION PROVISIONS CREWS -IL CONaa.ACTTO HUY AND SELL REAL ESTATE (LAND) l2t 20la I I.09 7:1 Pawed le Guyer be Pr! Salter edemas ! \ DocuSign Envelope lD 31F300C4-6ED8.488D-82C2-473DD9779FC8 Doeu9ptEmwebpe ID: 7E30FO1D.0FF1N249-BAINC5 a2FAa5I2 165 5. FINANCING CONDITIONS AND OBLIGATIONS. 166 5.1. Loan Application. If Buyer is to pay all or part of the Putctuse Price by obtaining one a more new loans (New 167 Loan), orifice existing loan is not to bereleased at Closing. Buyer, if required by such leader, most make an application verifiable 168 by such lender, on cc before Loan Application Deadline and exercise reasonable efforts to obtain such loan or approval ,169 5.2. Loan Objection. I Buyer is to pay all or part of the Purchase Prier with a New Loan, this Connect is conditional 170 upon Boyer determining, in Buyer's sole subjective discretion, whether the New Loan is satisfactory to Buyer, Including its 171 availability, payments, interest rate, terms, conditions, and cost of suck New Lola. This condition is for the sole benefit of Buyer. 172 Buyer has the Right to Terminate under 425.1, on or before Loan Objection Deadline, if the New Faso is not satisfactory to 173 Buyer, in Buyer's sole subjective discretion. IF SELLER IS NOT IN DEYAULT AND DOES NOT TIMELY RECEIVE 174 BUYER'S WRITTEN NOTICE TO TERMINATE, BUYER'S EARNEST MONEY WILL BE NONREFUNDABLE, except 175 as otherwise provided in this Contract (e.g.. Appraisal, Title, Surrey). 176 5.3. Credit Information. It an existing loan is not to be released at Closing, this Contract is conditional (for the sole 177 benefit of Sella) upon Seller's approval of Buyers financial ability and creditworthiness, which approval well be Seller's sole 178 subjective discretion. Accordingly: (1) Buyer must supply to Seller by Bayer's Credit Information Deadline. at Buyer's 179 =posse, information and documents (including a current credit report) concerning Buyer's financial, employment and credit 180 condition; (2) Buyer consents that Seller may verify Buyer's financial ability and euedltworihinees; and (3) any such information 181 and documents received by Seller must be held by Seller in confidence, and not released to others except to protect Seller's interest 182 in this traneacdon. N the Cash at Closing is less than as set forth in 14.1 of this Contract, Seller has die Right to Terminate under 183 i 25.1, on or before Cluing. If Seiler disapproves of Buyer's financial ability or creditworthiness, in Seller's sole subjective 184 discretion, Seller has the Right to Terminate under 125.1, ea or before Disapproval of Buyer's Credit Infomnatlon Deadline. 185 5.4. Edsttog Loan Review. if an existing loan is not to be released at Closing, Seller must deliver copies of the loan 186 documents (including note, deed of trail, and any modifications) to Buyer by Editing Loan Documents Deadline. For the sale 187 benefit of Bayer, this Contract is conditional upon Buyer's review and approval of the provision of such loan docsments. Buyer 188 has the Right to Terminato under 125.1. on or before Existing Loan Documents Objection Deadline, based on any 189 ematis6etory provision of such loo 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 in the mans Minch toaq 191 except as see lath in 3 4.6. If lender's approval is not obtained by Loan Treader Approval Deadline, this Contract will 192 terminate on such deadline. Seller has the Right to Terminate under 125.1, on or before Closing, in Seller's sole subjecthe 193 disunion, if Seiler is to be released from liability under such existing loan and Buyer does nut obtain such compliance as act forth 194 in 14.6. 195 6. APPRAISAL PROVISIONS. 196 6,1. Appraisal Definition. An "Appraisal" is an opinion of value prepared by a licensed or certified appraiser, engaged 197 on 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 requirements, rcplscemesU, removals or repairs necessary on in 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 font 201 in 4 453. or if a cash transaction (i.e. no financing), 16.2.1 applies. 202 62.1. Conventimal/Othat Buyer has the right to obtain an AppraiseL 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 Buyer may. on orbefore Appraisal 204 Objection Deadline, notwithstanding 183 or 113. 205 6.2.1.1. Notice to Terminate. Notify Seller in writing that this Contract is terminated; or 206 6.2.1.2. Appraisal Objection. 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 less than the Purchase Price. 208 62.1.3. Appraisal Rawtutl,n. If an Appraisal Objection is received d by Seller, on or before Appraisal 209 Objection Deadline, and if Buyer aid Seller hays not agreed in writing to a settlement thereof on or before Appraisal Resolution 210 Deadline (I 3), this Contract will terminate on the Appraisal Resolution Dune, unless Seller receives Buyer's written 211 withdrawal of the Appraisal Objection before such terndeation, i.e., on or before expiration of Appraisal Resolution Deadline. ?Al 213 63. Lender Property Requirements. If the lender imposes any requirements, replacements, reniovale or repairs, 214 including any spealed in the Appraisal (Lender Requirements) to be made to the Property (e.g.. roof repair. repair®g), beyond 215 those matters already speed to by Seller in this Contract, Seller has the Right to Terminate under 125.1, (notwithstanding 110 of 216 this Contract), on cc before three days following Seller's receipt of the Lender Requirements, in Seller's sole subjective discretion. 217 Seller's Right to Terminate in this 163 does not apply if, on or before any termination by Seller pursuant to this 163: (1) the 218 pasties caret into a written agreement regarding the Lender agreements; or (2) the Lender Requirements have been completed; or 219 (3) the satisfaction of the Lender Requirements is waived in writing by Buyer. 220 6.4. Cat of Appralwd. Cosy of the Appraisal to be obtained after the date of this Contract must be timely paid by CaS4 645. COMTRACTIO BUY Arm SILL BEAL WSfATS (LAND) 10/21/71116 1199 Buyer lei 6diert.ie.ta ( \ Pane sal In DocuSgn Envelope ID 31F30OC4-6EO84&8O-82C2-473DD9779FC8 DacesSign Envelops ID: 7E30F6760fF0-[249-BA17-4C5M2FAB512 221 Buyer O Seiler. The cost of the Apprise] may include any or all fees paid to the appraiser, appraisal management company, 222 leader's agent or all three. 223 224 7. OWNERS' ASSOCIATION. This Section is applicable if the Property is located within a Common Interest 225 Community and subject to such decleratiea. 226 7.1. Common Interest Community Diseiesuse. THE PROPERTY IS LOCATED WITHIN A COMMON 227 INTEREST COMMUNITY AND IS SUBJECT TO THE DECLARATION FOR THE COMMUNITY THE OWNER OF 228 THE PROPERTY WILL BE REQUIRED TO BR A MEMBER OF TIDE 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 ASSOCIATION COULD PLACE A LOIN 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 AN ARCHITECTURAL REVIEW BY THE 236 ASSOCIATION (OR A COMMITTEE OF THE ASSOCIATION) AND THE APPROVAL OF THE ASSOCIATION. 237 PURCHASERS OF PROPERTY WITHIN THE COMMON INTEREST COMMUNITY SHOULD INVESTIGATE TEE 238 FINANCIAL OBLIGATIONS OF MEMBERS OF THE ASSOCIATION. PURCHASERS SHOULD CAREFULLY 239 READ THE DECLARATION FOR THE COMMUNITY AND THE BYLAWS AND RULES AND REGULATIONS OF 240 THE ASSOCIATION. 241 7.2. Owners' Association Documents. Ownem' Association Documents (Association Doetanents) consist of the 242 following: 243 7.2.1. All Owners' Association declarations, midis of incosporation, bylaws, articles of organisation, operating 244 agreements, mks and regulations, pasty well egteemenu; 245 7.2.2. Minutes of most recent annual owoen' meeting; 246 7.23. Minutes of any directors' or managers' meetings daring the six-month period immediately preceding the 247 date of this Contract. If none of the preceding minutes exist, then the roast recent minutes, if any (ftf 7.2.1, 7.2.2 and 7.23, 248 collectively, Governing Documents); and 249 7.IA. The most recent financial documents which consist of: (1) annual and most recent balance sheet, (2) annual 250 and most recent income and expenditures statement, (3) annual budget, (4) reserve study, and (5) notice of unpaid usessments, if 251 any (collectively, Financial Documents). 252 73. Assodation Documents to Boyer. 253 7.3.1. Seiler to Provide Auodation Documents. Seller is obligated to provide to Buyer the Association 254 Documents. at Seller's anpemu, on or before Association Documents Deadline. Seller authorizes the Association to provide the 255 Association Documents to Buyer, at Seller's expense. Seller's obligation to provide the Amanit Lao Documents is fulfilled open 256 Buyer's receipt of the Association Documents, regardless of who provides such dacumemu. 257 7.4. Conditional Oil Buyer's Review. Buyer has the right to review the Association Den nhmnrte Buyer has the Right to 258 Terminate wider ¢ 25.1, on or before Amoe(atlon Documents Objection Deadline, based on my unsatisfactory provision in any 259 of the Association Documents, in Buyer's sole subjective discretion Should Buyer receive the Association Documents after 260 Association Documents Deadline. Buyer, at Bayer's option, his the Right to nominate under 125.1 by Buyer's Notice to 261 Tcsuimte received by Seller on or before ten days after Buyer's receipt of the Association Dominants. If Buyer does not =eive 262 the Association Documents, or if Buyer's Notice to Terminate would otherwise be required to be received by Seller after Closing 263 Data. Buyer's Notice to Terminate must be received by Seller on or hefts dosing. 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 Terminate under this provision, notwithstanding the provisions of 8 8.6 (Right of Pleat Refusal or Contact Approval). 266 8. TITLE INSURANCE, RECORD TITLE AND OFF -RECORD TITLE. 267 LI. Evidence of Record Title. 268 ® 8.1.1. Seller Selects TWe lauaramce Company. If Ibis box is checked. Seller will select the title insurance 269 company to furnish the owner's title insurance pobcy at Seller's expense. On or before Record This Deadline, Seller must furnish 270 to Buyer, a current commitment for owners title insurance policy glide Commitment), in an amount equal to the Pueltasee 271 Price, or if this box is checked, O an Abstract of Title certified to a cement damn Seller will cane the title instuance policy to be 272 issued and delivered to Buyer as soon as practicable at or after Closing. 273 O 8.13. Buyer Selects Iltle Insurance Ctanpany. If this box is checked, Buyer will select the title insrnance 274 company to furnish the owner's title insurance policy at Buyer's expense. On or before Record Title Deadline. Bayer must 275 Punish to Seller, a current commuuaent for owner's title insurance policy (Title Comaoitment), in an amount equal to the Purdtaae 276 Price. Ce346.1S. CONTRACT TO BUY Area SELL REAL ESTATE (LAND) 1028201611:09 Buyer laiti. Seger Initials Noe eatIt DocuStgn Envelope ID 31F30DC4-6ED8-488D-82C2-473O09779FC8 Wagon Envwlope ID. Ttl:fB1D SFFo-124u-8A17.4C5Ae2FA8512 277 If neither box in 4 8.1.1 or 4 8.1.2 is checked. 4 8.1.1 applies. 278 8.13. Owner's Extended Coverage (OEC). The Title Commitment ® Will O Will Net contain Owner's 279 Extended Covstage (OEC). If the Title Commitment is to contain GEC, it will commit to delete or insure over the standard 280 exceptions which relate to: (I) parties is possession, (2) unrecorded momenta, (3) survey manors. (4) unrecorded mechanics' 281 Ikea, (5) gap period (period between the effective date sad time of cotmmllment to the date and time the deed in recorded), and (6) 282 unpaid taus, assessments and unredeemed talc tales prier to the year of Closing. Any additional premium expense to obtain OEC 283 will be paid by O Bayer ® Sella' O One -Half by Buyer and Oaa0alf by Seller O Other x/'. 284 Regardless of whether die Contract twine OEC, the Title Insurance Company may not provide OEC or delete or hisuc over 285 any or all of the standard exceptions for OEC. The Title Insurance Company may require a New Survey or New lLC, defined 286 below, among other requirements for OEC. If the Title Insurance Commitment is not satisfactory to Buyer. Buyer has a right to 287 object under } 8.4 (Right to Object to Title, Resolution). 288 8.14. Tilde Doaateafs. Me Documents consist of the following: (I) copies of any plats. declarations, 289 covenants, caodittons and restrictions burdening the Property, and (2) copies of any otter doaments (oe if illegible, summaries of 290 such documents) listed in the schedule of exceptions (Exceptions) in the Title Commitment !Welshed to Bayer (collectively, Tide 291 Documents). 292 8.15. Copies of Tire Decrements. Buyer must receive, on or before Record Title Deadline, copies of all Tide 293 Documenrs. This requirement parodist only to documents an shown of record in the office of the clack and recorder in the county 294 where the Property is loured. The cost of furnishing copies of the documents requited in this Section will be at the expense of the 295 paty or parties obligated to pay for die owners tide insurance poky. 296 8.1.6. Eidetlag Abstracts of Title. Seller must deliver to Buyer copies of any abstncts of title covering ell or any 297 portion of the Property (Abstract of Tide) in Seller's possession oa or before Record Title Deadline. 298 8.2. Record Title. Buyer has the tight to review and object to die Abstract of Title or Tide Commitment snd any of the 299 Title Documents as set forth in 4 8.4 (Right to Object to Title, Resolution) on or before Record Title Objection Deadline. 300 Bayer's objection may be booed as any unsatisfactory form or content of Title Commitment o Abstract oink, notwithstanding 301 4 13, or any other unsatisfactory title condition, in Bayer's sole subjective diseredon. If the Abstract of Title. 'Lithe Conmtitroeut or 302 Title Documents are not received by Buyer on or before the Record TRIe Deadline, or if there is ea endorsement to the 'Ella 303 Commitment that adds a new Exception to title, a copy of the new Exception to title and the modified Title Commitment will be 304 delivered to Buyer. Buyer has until the earlier of Closing or ten days after receipt of such documents by Buyer to review and object 303 to: (1) any sequlred Tide Document not timely received by Buyer, (2) any change to the Abstract of Title, Title Commitment or 306 Title Documents. or (3) any eadasemeat to the Title Commitment if Sella receives Buyer's Notice to Tenniaste or Notice of 307 Title Objection, minima to this 4 82 (Raced Title), any title objection by Buyer is governed by the pemiaions set forth in 4 8.4 308 (Right to Object to Title, Resolution). If Seller has fulfilled all Seller's obligations, if any, to deliver to Buyer all documents 309 remelted by 4 8.1 (Evidence of Record Title) and Seller does net receive Bayer's Notice to Terminate or Notice of Tide Objection 310 by the appliable deadline specified above, Buyer accepts the condition of title as disclosed by the Abstract of Title. Tide 311 Commitment and Title Documents as sadsfaaory. of all existing 312 83. Off -Record hills. Seller must deliver to Buyer, on or before Off -Record T Itte Deadline, true copies 313 surveys in Seller's poasession pertaining to the Property and must disclose to Buyer all easements. liens (Cording, without 314 limitation, govesmaemal improvements approved, but not yet installed) or other title mama (including, without limitation, sights 3)5 of that eefussl and options) not shown by public words, of which Seller has actual knowledge (Of -Record Maters). Buyer has 316 the right to inspect the Property to investigate if any third party has any right in the Ptaperty net shown by public ,leads (e.g. 317 unrecorded easement, boundary tine discrepancy or water rights). Buyer's Notice to Terminate or Notice of Title Objection of any 318 unsatisfactory condition (whether disclosed by Seller or revealed by such inspection, notwithetandtng 4 82 sad 413), in Buyer's 319 sole subjective discretion, must be received by Seller on or before OR Accord Tide Objection Desdlioe. if an Off -Record Matte 320 is received by Buyer after the Of -Revd Title Deadline. Buyer ho ma the earlier of Closing or ten days Orr receipt by Buyer 321 to review and object to such Of Record Matter. If Seller Receives Buyer's Notice to Terminate or Notice of Title Objection 322 pursuant to this 4 8.3 (Off -Record Title), any title objection by Buyer and this Contract arc governed by the provisions set forth in 323 4 8.4 (Right to Object to Title, Resolution). if Seller does not receive Buyer's Notice to Terminato a Notice of Title Objection by 324 the applicable deadline specified above, Buyer accepts title subject to such rights, if any, of third parties of which Buyer has actual 325 knowledge. 326 8.4. Right to Object to Title, Resolution. Buyer's right to object to any title matters ioctudes. but is not limited to those 327 miters eel forth it 44 8.2 (Record Title), 8.3 (Of -Record Title) and 13 (Transfer of Title), io Buyer's sole objective discretion. If 328 Buyer objects to any title maser, on or Wont the applicable deadline, Buyer has the following options: 329 8.4.1. Tide Objectless, Reseludom. If Seller receives Buyers written eons objecting to any title matter (Notice 330 of Title Objection). on or before the applicable deadline. and if Buyer and Seller have not agreed to a written settlement 'bettor on 331 or before Title Resolution Deadline, this Contract will terminate on thecspuatioo of Title Resolution Deadline. unless Sella 332 receives Buyer's written withdrawal of Buyer's Notice of Title Objection (i.e., Buyers wtluett notice to waive objection to such ®¢I.tetS CONTRACT To ntfr AND SELL RUG MATE (LAM Ina/1016 tt4! Btryari 9dter4mafatt hie sr as DocuSign Envelope ID: 31F30DC4-6ED8-488O-82C2-473DD9779FC8 DocuSgn Envelope El:7E301B1D-0FF0L424943A17-4CSA82fAB512 333 items and waives the Right to Terminate for that reason), on or before expiration of Title Resolution Deadline. If either �e of 334 Record hide Deadline a the Off -Record hiddetDeadline. 8.2 ,tam or 4 encoded e to(Ofthe earlier d of Tinting Ti n ten day after m eip o also 335 the applicable documents by Buyer. pursuant documents; De or 336 will be aulmmatically extended to the earlier of Closing or fifteen days after Buyer's receipt of the applicable 337 8.4.2. Title Objection, Right M Ikrmleate. Buyer may exercise the Right to'Ruminate under 125.1. on or 338 before the applicable deadline, based of any unsatisfactory title mailer, in Buyer'; sole subjective disawon. OBLIGATION 339 85. Special Taxing Districts. SPECIAL TAXING DISTRICTS MAY BE SUBJECT TO GENERAL 34O INDEBTEDNESS THAT IS PAID BY REVENUES PRODUCED FROM ANNUAL TAX LEVIES ON THE TAXABLE 343 PROPERTY WITHIN SUCH DISTRICTS. PROPERTY OWNERS IN SUCH DISTRICTS MAY BE PLACED AT RISK 342 FOR INCREASED MILL LEVIES AND TAX TO SUPPORT THE SERVICING OP SUCH DEBT WHERE 343 CIRCUMSTANCES ARISE RESULTING IN THE INABdITY OF SUCH A DISTRICT TO DISCHARGE SUCH 344 INDEBTEDNESS Wf'HOUT 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,INFORMATION FROM THE BOARD THE TE OF TAXES DUE FOR THE PROPERTY, AND BY OBTAINING COUNTY COMMISSIONERS, THE COUNTY CLERK AND 347 FURTHER 348 RECORDER, OR TIlE COUNTY ASSESSOR. Objection Dtsidlina based on any 349 Bayer has the Right to Te nmwte under 5 25.1, on or before Off-Record a Buyer's D subjective dl, d ondny. 35O uosatisfactauy effect of the Property being located within a special 351 8.6. Right of First Reflood or Contract Approval. R them is a tight of &at refusal on the Property, or a right to approve 352 this Contact, Seller must promptly submit this Contract according to the tams and conditions of such right. If the holder of the 353 right of 6rsr refusal exercises such tight or the bolder of a tight to approve disapproves this Contract. this Contract will terminate. 354 If the right of first refusal is waived explicitly or expires, or the Contact is approved, this Contract will crania inNE lone and 355 effect. Seller must pit ttptdy notify Bayer in writing of the foregoing. !Inspiration or waiver of the tight of first refusal or approval 356 of this Contract has not occurred on or before Right of First ReNsal Deadline. this Contract will then terminate. and use of the Property and should be reviewed 358 8.Tide era ly. other The Title Dinflected tee ain the tide, cumeahip and use of the Property. 358 carefully. Additionally, abrr,manets not m8ectad in the Title Documents may affect a title, zoning,buildingcoda viotatiom. 359 including, without limitation, boundary lions and encroachments, set -back requirements. 360 unrecorded casements and claims of eassem a %, leases and other uoteconled agreements. water on or wider the: Property, and concerning land OM development and environmental mailers. 361 various laws and governmental GAS, tegulaas 362 V.I. 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 NECESSARILY INCLUDE TRANSFER OF TOE MINERAL ESTATE OR 365 GEOTHERMAL RIGHTS. OR W WATER ON OR UNDER IDE SURFACE OF TEE PROPERTY, WHICH INTERESTS S MAY OWN OR LEASE INTERESTS IN OIL, GAS, OTHER MINERALS, 366 MAY GIVE THEM MAY RIGHTS TO UTTER AND USE THE SURFACE OF THE PROPERTY TO ACCESS THE 368 MINERAL ESTATE, OH., GAS OR WATER. 369 8.7.2 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 AGREEMlEN'R A 371 MEMORANDUM OR OILIER NOTICE OF WHICH MAY BE RECORDED WITH THE COUNTY CLERK AND 372 RECORDER. 373 8.73. OIL AND GAS ACTIVITY. OIL AND GAS ACTIVITY THAT MAY OCCUR ON OR ADJACENT 374 TO THE 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 OR ADJACENT ENCOURAGED TO SEEK T TH8PDDITIOINCLUDING 378 INFORMATION REGARDING OIL AND GAS ACTIVITY 379 DRILLING PERMIT APPLICATIONS. THIS INFORMATION MAY BE AVAILABLE FROM THE COLORADO OIL 380 AND GAS CONSERVATION COMMISSION. excluded from. 381 8.75. Title Insurance Ezrloaions. Matters set forth in ibis Section, and others, may be excepted, 382 or not covered by die owner's title insurance policy' to all such matters as Mere sae 383 8.8. Consult an Attorney. Buyer is advised to timely consult legal connect with respectDeadline). 384 strict time limits provided in this Contract. (e.g.. Record Title Objection Deadline and Off -Record Title Objection 385 9. NEW TLC, NEW SURVEY. 386 9.1. New ILC or New Survey. if the box is checked, a ® New Improvement Location Certificate (New TLC) 387 O New Survey in the form of N/A is required and the following will apply. 388 9.1.1. Ordering of New TLC or New Survey. O Seller (U Buyer will order the New B.C or New Survey. The CBSIi15. CONTRACT TO BIN AND SUL PEAL ESTATE (LAND) 10/28201611:09 Sdler 00tiah Sum iaaeaatta DocuSgn Envelope ID. 31F30DC4-6ED8-486D-82C2-4730D9779FC8 DoctiSion Envelope U: 7E30FB1D-0FF0-4244BAt7-4CSA92FA85t2 389 New ILC or New Survey may also be a previous B.C or survey that is in the abovewequired form. ratified and updated as of a 390 data after the date of this Concert 391 9.1.2. Payment Ibr New 1LC or New Survey. The cost of the New ILC or New Survey will be paid. on or 392 before Closing, by: O Sella ® Bayer 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 WALER. 419 10.1. Seikr's Properly Disclosure. On or before Seller's Properly Disclosers Deadline, Sella agrees to deliver to 420 Buyer the most entreat version of the applicable Colorado Real Estate Coremiuion's Seller's Property Disclaim four completed 421 by Sella to Seller's actual knowledge, current as of the dace of this Contract. 422 10.2. Disclosure of Latent Defects; Peasant Coalition. ion. Seller must disclose to Buyer any latent defects actually known 423 by Sella. Seller agrees that disclosure of latent defects will he in wilting. Except u otherwise provided In this Contract, Buyer 424 acknowledges that Seller Is conveying the Property to Buyer in an "As Is" condition, "Where Id" Ind "With All Faults." 423 103. irupsction. Unless otherwise provided in this Contract, Buyer, acting in good faith, has the right to have inspeetims 426 (by one or more thinl parties, personally or both) of the Property and Intrusions (Inspection), at Buyer's expense. If (1) the 427 physical condition of the Property. including. bat not limited to. the roof, walls, structural integrity of the Property, the electrical, 428 plumbing. HVAC and other mechanical systems of 8x Property, (2) the physical condition of the lncluaioua, (3) service to the 429 Property (including utilities and communication services), system' and components of the Property (e.g. beating and plumbing). 430 (4) any proposed existing transportation project, mad. urea or highway, or (S) any other activity, odor or noise (whether on or off off the Property) and its effect or expected effect on the Property or its occupants is unsatisfactory, in Buyer's wk subjective 432 d-uentim, Buyer may, on or before bewail= Objection Deadline 433 10.3.1. Notice to Terminate. Notify Seller in writing that this Coruna is terminated: or 434 10.3.2. Inspection Objection. Deliver to Seller a written description of any unsatisfactory physical condition that 435 Bayer requires Seller to COMM. 436 10.3.3. Inspection Resolution. If an Inspection Objection is received by Seller, on or before Inspection Objection Deadline, 437 Deadline. and if Buyer and Seller hove not agreed in writing to a settlement thereof on or before Inspection Resedulion 438 this Contract will tenunale on Inspection Resolution Deadline unless Seller teceivcs Buyer's written withdrawal of the 439 Inspection Objection before such termination, Lc, on cr before expiration of lnspecthom Resolution Dee line. 440 10.4. Damage, Lien and Indemnity. Buyer, except as otherwise provided in this Contract or other mince agreement 441 between the parties, is responsible for payment for all inspections, tests, Surveys, engineering reports, or other reports performed at 442 Buyer's request (Work) and What pay for soy damage that occurs to the Property and Inclusions ass teault of such Work Bayer 443 must not permit claims or liens of arty kind against the Property for Walk performed on the Property. Buyer agrees to indemnify, 9.1.3. Delivery or New 1LC or New Survey. Buyer, Seller, the issuer of tbe Talle Commitment (or the provider of the opinion of tick if an Abstract of Title), nod Buyera Agent will receive a New iLC or New Survey on a before New 1LC or New Survey Deadline. 9.1.4. Cerl Scadon of New ILC or New Survey. The New ILC or New Survey will be certified by the surveyor to all those who me to receive the New PLC or New Survey. 9.2. Buyer's Right to Waive or Change New ILC or New Survey Selection. Buyer may select a New ILC or New Survey Orman than initially specified in this Contract if there is no additional cat to Seller or change to the New 17.C or New Survey Objection Deadline. Buyer may, in Buyer's sole subjective discretion, waive a New R.C or New Survey dime prior to Selleriatwringg any cost for the same. 9.3. New 1LC or New Survey Objection, Buyer has the right to review and object to the New ILC cc New Survey. If the New ILC or New Survey is not timely received by Buyer or is unatisfactory to Buyer, in Buyer's sok subjective discretion, Buyer may, on or before New 1LC or New Survey Objection Deadline, notwithstanding 4113 or 413: 9.3.1. Notice to Terminate. Notify Seller in writing that this Comma is terminated: or 9.3.2. New ILC or New Survey Objection. Deliver to Seller a written description of my matter that was to be shown or is shown in the New ILC or New Survey that is unemisfactay and that Buyer requires Seller to correct. 933. New TLC or New Survey Resolution. If a Now TIC or Now Survey Objection is received by Seller, en or before New 1LC or New Survey Objection Deadline, and ifa Buyer and Seller have not agreed in writing to a settlement thereof on or before New II.C or New Survey Resolution Deadline, this Contact will terminate m expiration of the New ILC or New Survey Resolution Deadline, unless Seller receives Buyer's written withdrawal of the New 11.C or New Survey Objection before such temeinatimL i.e., on or before expiration of New 1LC or New Survey Resolution Deadline. I DISCLOSURE, INSPECTION AND DUE DILIGENCE ®a44.13. CONTRACT 7O BUY AND SELL REAL TSTATE(LAND) IMf/iot61 c:49 Bayer 1,d Seller Initials r.alatla DocuSign Envelope ID 31F300C4-6E08488D-82C2-473DD9779FC8 SocuS ri Envelope ID: PEJDFBID-0FFa-42408A17.4C5A32fAB.911 444 protect and hold Seller harmless from and against any liability, damage, cost or expetue inc � � eery Beano ducted by y against 446such 445 Work claim, or lien. This indemnity includes Seller's right to recover all costs and expenses Inure datby Se feet. Ideal fees and 446 any such liability, damage, cost or expense, or to enforce this section, including 447 expenses. The provisions of this section survive the termination of this Contract. This 4 10.4 doer not apply to items pedarmod 448 pursuant to an inspection Resolution. for 449 10.5. Insurability. Buyer bas the right to review and object to the availability, terms and conditions of end premium 450 property iaseraoce (Property insurance). Buyer has the Right to Tmatimte under 4 25.1, on or before Properly lmarance 451 Objection Deadline, based on any umattsfatsory provision of the Property Insurance, in Buyer's stile subjective discretion. 452 10.6. Due Diligence. 453 10.6.1. Due Diligence Documents. If the respective box Is checked, Seller agrees to deliver copies s of the following 454 documents and information pertaining to the Property (Due Diligence Documents) to Buyer on or before Due 455 Documents Deanery Deadline: 456 O 10.6.1.1. All contracts relating to the operation. maintenance and management of the Property; 457 ® 10.6.1.2. Property tax bills for the last 3 years: 458 O 10.6.13. As -built construction plans to the Property and the tenant improvements, iocludmg 459 architectural, electrical, mechanical. and strucmni systems, engineering reports, end permanent Certificates of Oceapency. to the 460 extent now available: 461 O 10.6.1.4. A list of all inclusions to be conveyed to Buyer, 462 O 10.6.15. Operating statements for the past N/A years; 463 O 10.6.1.6. A rent roll accurate and coarect to the date of this Contract; 464 O 104.1.7. All current leases, including any ameadmeate or other occupancy agreements, pertaining to the 465 Property. Those leaser or other occupancy ageemenu pertaining to the Property that survive Closing are as follows (Leastrs)- 466 none 467 obligated ebutltunoryet 468 O 10.6.1.8. A schedule of any tenant improvement work on thesl lig to this Compeer 469 been completed and capital improvement work either scheduled or in process es of any claims which have been 470 ® 10.6.19. All and en insurance policies pertaining to the Property pi 47l made far the past .3 years: engineering tepees or data pertaining to the Property Cif not 472 1 10.6.1.10, Soils reports, surveys and 473 delivered earlier under 4 8.3); documentation and reports regarding Phase l and II environmental repays, 474 10.6.1.11. Any and all existing of asbestos, PCB ental epays,, or 475 letters, tact results, advisories, and similar documents respective to the existence or nonexistence sic in Seller's rs,o 476 other toxic, bszardous or contaminated substances, and/or underground storage ranks and/or tidal gas. If no reports 477 possession or known 61. Seller. Seller eer ran that h Mobilities Act reports, studits ate in Seller's es oorressurveys coown to Seller; ncerning the compliance of 478 ❑ 479 the Property with said Act; 480 O 10.6.1.11. All permits, licenses and other building or use autbrsitelions issued by any governmental 481 authority with jurisdiction over the Property and written notice of any violation of any such permits, licenses ar use authorizations. 482 if any; and 453 ® 10.63.14. Other documents and Information: 484 Seller to provide any or all of the following that are in Seller's p ion: Reports, Surveys, Improvement Location Certificates, Soils Tests, Engineeriepo oq Environmental Reports, Phase 1 or Phase 2 Environmental Asseaeetents, or any other pertinent documentation related co the property 485 486 487 Buyer has the right w review std object to Due 488 10.62. Due DWgatee Docurmemu Review and Objection. 489 Diligence Documents. If the Due Diligence Documents are net supplied to Buyer or are unsatisfactory in Buyer's sole subjective 490 discretion, Buyer may, on or before Doe Diligence Documents Objedlee Deadline: 491 10.6.2.1. Notice to lenate. Notify Seller in writing that this Contract is terminated: or 492 104.2.2. Due Diligence Documents Objection. Deliver to Seiler a written description of any 493 unsatisfactory Due Diligence Documents that Buyer requires Seta to cones. Objection is 494 10623. Due Diligence Documents Resolution. If a Dee Diligence Documents received 495 by Seller, on or before Due Diligence Documents Objection Deadline, and if Buyer and Seller have not agreed in writing to e 496 settlement thereof on or before Due Diligence Documents Resolution Deadline. this Contract will terminate on Doe Diligence CIS4.6.15. COtr11tACT TO BUY AND SELL REAL y um0- ifl) tww2016 itt)9 gayer MIL PIN Sella 6idah Past le .t IS DocuSign Envelope IO 31F3ODC4.6E084880-82C2.473009779FC8 DocuSIgn Envelope 1D: lEsOFBtl1AFF0-4244-BA17-4C6Ae2FAe512 497 Documents Resolution Deadline unless Seller receives Buyer's vaitieo withdrawal of the Due Diligence Documents Objection 498 before such termination, i.e., on or before expiration of Due DBigence Documents Resolution Deadline. �j 499 10.63. Zoning. Buyer bu the Right to Terminate under 4 25.1, on or before Due Diligence Documents oc men slice ova 500 Deadline, based on any unsatisfactory zoning and any use restrirxiona imposed by any goven meolal agency with jusiadt 501 the Property, in Buyer's sale subjective diaaetion. 502 10:6.4. Due Diligence—Eaviruomental• ADA. Buyer has the right to obtain rnvironmeand inspections of the 503 Property including Phase I and Phase II Bmviroomeo W Site Assessments, as applicable. O Seller ® Buyer will order or provide 504 Phase 1 Esrlrenmental Site Assessment, Phase Ti Environmental Site Assessment (compliant with moat currant version of the 505 applicable ASTM 81527 standard practices for Environmental Site Assessments) and/or N/A, et the eaponm m evslna6oa 506 of 0 Sella l Buyer (Beviroomeutal Inspection). la addition, Buyer. at Buyer's expense, may also conduct 507 whether the Property complies with the Americans with Disabilities Act (ADA Evaluation), All such inspections and evaluations 508 must be conducted at such times as are mutually agreeable to minimize the interruption of Seller's and any Sella's tenants' 509 business ass of the Property, if any. 510 if Buyer's Panel Environmental Site Assessment reconnn6erds art Phase II Environmental tu Assessment, o pection Objection 511 Environmental lion Objection Deadline wilt be emended by /A days (Extended Dam Glosses me 512 Deadline) and if such Extended Bmimamental Inspection Oblation Deadline extends beyond Closing 513 will be extended a like period of time. In such event, 0 Seller ® Buyer mat pay the cost for such Phase U Environmental She 514 Assessment pour of the Property in this 410.65, Buyer has the 515 t to Terminate under Buyer's §2eight,0to obtain additional environmental 516 Right to Terminate 4 25.I, w or before 1R.avlroum Objection Deadline, or if applicable, the Extended 517 Hnvimamcntal Inspection Objection Deadline, based on any unsatisfactory results of Environmental Inspection, in Buyer's sole 518 subjective disaetlon. 519 Buyer has the Right to Terminate under 9 25.1. on or before ADA Evaluation Objection Deadline, based on any 520 unsatisfactory ADA Evaluation, in Buyer's aolc subjective discretna- 52l 10.7. Ceadftleaai Upon Sale of Property. This Contract is conditional upon the sale and closing of that certain property 522 owned by Buyer said commonly brown as N/A. Buyer has the Right to lrminate 523 under ot is neffealve upon Seller's ot sold and closed by sack deadline. This; 0.7 ispt of Buyer's Nada afor m benefit of Buyeron or before . If does Gootnal Sale trece a Buyer's 524 prNotice y ist 525 Notion b. Seame so f or before stet (R sidBak Land and Realdentiai Improvet to ements Only? Buyer 0 Dwl l Dos Not this provision. 526 2 108. Some of & copy Wexler s Pr paHal of Water Addendum disclosing the source of potable water 527 for the Prope ty. receipt of a copy of Seller's Buyer U Disclosure or Solna of a � of Um current well permit. 528 for the property. ® There is No Well o Does O Dos Net acknowledge receipt ABLB 529 Note to Buyer: O GROUND r SOME WATER PROVIDERS RELY, TO VARYING DEGREES, ON DESCRIBED GROU D TO 530 WATER. YOU MAY WISH TO CONTACT YOUR PROVIDER (OR iNVES IGA1 531 DETERMINE THE LONGTERM SUFFICI 4CY OF TM PROVIDER'S A that the Leases to be assigned 532 10.9. Existing Lena: Modification of Existing Leases; ex as disclosed in the 533 to the Brayer u the time of Closing contain my rent concessions, rest reduction a rent abatements rapt_ will 534 Lease or other writing received by Buyer Sellerwill �orwt�amen written modify, onsent endf d Of cancel which coany nsent tht Lill not norbe unreasonably 535 enter into any new leases affecting the Property 536 withheldordelayed 537 11. TENANT ESTOPPEL STATEMENTS. to review and object to any �' talyPra Statements. 538 11.1. Tenant Estoppel Statements Coedltions. Buyer has the right _ end Estoppel Statements Desnae statements a copy of suhstance Lease 539 0 reasonably elst obtain and o deliver to fromBuyeach on orbefore or tenant Property (Estoppel 540 acceptable a Boyer. occupant 541 stating:t data of the Lease and scheduled termination dale of the L cans 542 1i.LL The commenceeman 543 11.12. That said Lease is in full force and effect and that Mee lava beta no subsequent modifications or 544 amendments; advance rentals paid, rent concessions given, and deposits paid to Sella 545 11.1.3. The amount of any d to Seller 546 11.1.4. The amount of monthly (or other applicable period) rental pal 547 ILLS. That them is no default under the terms of said Lease by landlord or occupant: and of Lease clanking Lease 11.14. That the to which die Estoppel is attached is a true, correct and complete copy 549 the premises it describes- to Terminate under 4 25.1. an or before Tenant 550 11.2. Mann( Estoppel Statements Objection. Buyer has the Right 551 Estoppel Statements Objection Deadline, based on any unsatisfactory Estoppel Statement, in Buyer's sole subjective disudioo, CaSe44L CONRACTT0 BUY AND Still. REAL. RTlATS (LAND) 1012)11201 6 1119 SAer mhiets Buyer tea CocoSign Envelope ID 31F30DC4-EED8-4880.82C2.473009779FC8 DocsSign Envelope 1O:7r70FB1D-0SFn4249-B7117-4C5Aa2FAB512 552 or if Seller fails to deliver the Estoppel Statements on or before Tenant Estoppel Statements Deadline Buyer alto hat 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 Seller and their deto provide signees. If Closing 559 Coyer is obtaining a new lam to p loandocumentsyer endfifnancial information coknowledges Buyer's ncerning Buyer is ers new loan. Buyer and 560 Company, in a timely hfor mantra all required 56) Seller will furnish airy addhdouil information and documents required by Closing Company�� documents at before Closing. � this 562 transaction. Buyer and Seller will sign and complete all customer/ or reasonably requital 563 12.2. Closing lmtsiaCtlons. Colorado Real Estate Commission's Closing lnstouctiona O Are 0 Are Net executed with 564 this Contract os 563 12.3. Closing. Delivery of deed from Seller to Buyer will be at closing (Closing). Closing will be on the due 566 the Oaring Dote or by mutual agreement at an earlier date. The hour and place of Closing will be as designated by 567 mutual among parties. 568 12.4. Disclosure of Setdemeat Costs. Buyer and Seller acknowledge thaand costs, quality, ucompanies).ty and extent of service wry 569 between different settlement service providers (e.g., attorneys. lenders. inspectors 570 13. TRANSFER OF TITLE. Subject to tender of payment at Closing as required herein and compliance by Buys: with the 571 other terms rail provisiou hereof, Seller must execute and deliver a good and ufficient General rural lases for rhea rar f my de d Except as 572 to Buyer, u Closing, conveying the Property free and clear of all taxes exceptgovernmental tos or for yespaee of Clotting. Except 573 provided bruin, fide will be conveyed free and clear of s➢ ➢ens, including any ts 574 installed as of the date of Buyer's signature hereon, whether assayed or not 'flue will be conveyed subject to: 575 13.1. Those specfic lracepaon s described by reference to recorded documents as reflected in the Title Documents 576 accepted by Buyer in accordance with Record Title. 577 13.2. Distribution utility essemeets (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 end which were accepted by Buyer in accordance with OQ•Record Title and New ILC or New Survey, 580 13.4. Inclusion of the Property within any special taxing dituct, and whether 581 13.5. Any special aaaessmenl if the impeovements was not installed as of the date of Buyer's signet= hems, 582 assessed prior to or after Cluing, and 583 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 transaction whom, any other source. 586 15. CLOSING COSTS, CLOSING FEE, ASSOCIATION FEES AND TAXES. ts. Buyer and Seller mast pay, in Good Funds, their respective closing cons and all other items required 587 15.1. Closing Cosherein. 589 to be pad at Closing, ryaFee. otherwise for 589 15.2. Chasing Services Fm The fee for real estate closing services must be paid at liming by 0 Buyer 0 Seller 590 ® One -Half by Buyer and One -Hanby Seller O Other N/A. 591 15.3. Stems Letter and Record Chia Fees. Any fees Incident to the issuance of Asaociadon'a statement of 592 assessments (Status Letter) must be paid by U None O Buyer ® Seller O One -Half by Buyer end Oae•Half by Seller. 593 Any record change fee assessed by the Association including, but not limited to. ownership record treader fees regardless of name 594 or title of such fee (Association's Record Change Fee) must be paid by O None O Boyer © Seller O One -Hanby Buyer 595 and One -Half by Seiler. 596 15.4. Local Transfer Tax. O The Local Transfer Tax of N/A % of the Purchase Price must be paid at Closing by 597 O Nene ❑ Buyer O Seller O One-half by Buyer and One -Hanby Seller- le at Cluing, such 598 15.5. Private Transfer Fee. Private transfer fees and other fees due to a aeus erer Sf th O None gyp O ng, sr 599 as community nsocisiicn feet. developer fees and foundation fees, must be paid Seller 600 O One -Half by Buyer and One -Half by Sifter. The Private Transfer fee, whether one or more, is for the following 601 N/A in the mil amount of N/A 96 of the Ptuchare Pace or 9 N/A. 602 15.6. Water Iramfer Fees- The Water Transfer Fees can change. The fees, as of the date of this Contract, do not exceed 603 S N/A for: O Water District 604 O Water Stock/Certificates I CLOSING PROVISIONS I 06544 -tee. CONTRACT TO BUY AND SEL REAL ESTATE (LA5D1 talW101611:09 Seth iettah Guyer idtL..: Pepin ens DocuSign Envelope ID: 31 F30DC4.6ED8-488D-82O2-473DD9779FC8 DocuSion Envelope ID: 7ESDFBID-CFro-4249BA1 y-4C5A°2FA8612 605 ❑ Augroemaritn 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 -Ball by Buyer and One•UW(by Sellerwhen due by 607 15.7. Sales and Use Tax. My sales and use tax that may accrue because of this tansaetion must be paid 608 O None O Bayer O Seller O One -Halt by Buyer and One.lIalf by Seller . 609 16. PRORATIONS. The following will be prorated to Closing Date, except as otherwise provided;estate taxes for the 610 16.1. Taxes. Pusan! property taxes, if any, special taxing district asaesume°ts, if any, and general 611 year of Closing, based on ❑ Taxes for the Calendar Year Immediately Preceding Closing r+ Most Recent Mill Levy and 612 Most Recent Aseewed Yalwtion, ❑ Other N/A.Selkt 613 162. Rents. Reno based on O Rents Actually Received 0 Accrued. At Closing, and notify ce all transfer in writing of 614 Buyer the security deposits for all Leases assigned or any remainder after lawful deductions 615 such transfer and of the transferee's name and address. Seller must assign to Buyer all Leases in effect at Closing and Buyer must 616 assume Seller's obligations under such lases. paid in 617 16.3. Association AmdammU• Comm regular Association usessments and dues (Association Assessments) 618 advance will be credited to Seller at Closing. Cash reserves held out of rote y otherwise lregular txfatiea ed b7 u s for deferred Governing Documents. 619 maintenance by the Association will not be credited to Seller except i.e avid 620 Buyer acknowledges that Buyer may be obligated to pay die Association, at Closing, an amount for reserves or working capital. 621 Any special assessment assessed prior to Closing Date by the Association Ell be the been obligation as f the dateBuyer's signatureer. Excpt 622 however, any special assessment by the Association for impeovesttansrats that e the of 623 hereon. whether assessed prior to or after Closing, will be the obliptioo of Seller. Seller repress on 624 ASWsmeos ate currently payable at approximately $ 350.00 per year and that there are no unpaid regular 625 or special a»csetmeos against the Property except the current regular assessments and N/A Such eat the Association to 626 assessments are subject to change as provided in the Governing Documents. Seller agrees to promptly inqu 627 deliver to Buyer before Closing Date a current Status Letter. 628 16.4. Other Pnoretlons. Water end sewer classes, propene. interest on continuing loan, and N/A 629 16.5. Final Settlement. Unless otherwise agreed in writing, these proration; are final. 630 17. POSSESSION. Possession of the Property will be delivered to Buyer on Possession Date at Possession Time, subject to 631 the Lea es as set forth in 3 10.6,1.7. 632 633 634 635 636 637 18. DAY; COMPUTATION OF PERIOD OF DAYS, DEADLINE. 638 18.1. Day. As used in this Contract, the term "day" means the entire day ending at 1139 p.m.. United States Mountain 639 Time (Standard or Daylight Savings as appliabk). 640 18.2. Computatlea of Period of Days, Deadline. In computing a period of days, when the ending date is not specified 641 the lint day is excluded end the last day is included (e.g.. three days after MEC). If any deadline falls on a Saturday. Sunday or 642 federal OF Colorado lute holiday (Holiday), such deadline Will O Wm Not be extended to the mat day that is cot e 643 Saturday. Sunday or I loliday. Should neither box be checked, the deadline will not 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-TeIaOUGH. ofth Except toas otherwise Contract, providedorwear and tear excepted. 646 condition existingas the date of this e. In the event Property or Inclusions am damaged by fire, other perils or suss of 647 ior Cava in an eat, ount of notDamage), and if the repair of 648 loss prior to Goring iby amount of more than ten ducem of the totalPurchase Seller), then Seller, (Property oor receipt of the insurance 649 the eedsge will be paid insurance (other than the deductible to be paid by m lbsminate under 650 proceeds, will use Seller's reasonable efforts to repair the Property before Clueing Date. Bu has the Right 651 § 25.1. on or before Closing Date if the Property is not repaired before Closing Date or if the damage exceeds such sum. Should 652 Buyer elect to arty out Otis Contract despite such Property Damage, Buyer is entitled to a credit et Closing for all insurance 633 proceeds that were received by Sella (but not the Association, if my) 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 Purchase Price. In the event 655 Seller has sot received the insurance proceeds prior to Closing, the parties may agree to extend the Closing Date to have the gn 656 Property rewired prior to Closing or, at the option of Buyer. (1) Seller must coign a Buyer u into a right to a written the mow P' et prepared is byhe657 acceptable to Seller's insurance company and Buyer's lender; or (2) the parties Y If Seller, after Closing, fails to deliver posses Sion as specified, Seller will be subject to eviction and will be additionally liable to Buyer far payment of S N/A per day (or any parr of a day notwithstanding f 18.1) from Posecsien Date and Passession Time until possession is delivered. GENERAL PROVISIONS I Cal4-Lrs. COM1UCrTO BUY AND SELL REAL ESTATBttANDI t6Darlo16tI:a7 Sew rehears aoru uthini DocuSign Envelope ID: 31F30DC4-6ED8488D-82C2-473OD9779FC8 000esl0n Enwlape m: 7E3oFB1D-0FF0-4249-BA17.4C5M2CAB612 658 parties or their attorney requiring the Seller to escrow at Closing from Seller's sale proceeds the amount Seller has received and 659 will receive due to such damage, pot exceeding the total Purchase Price, plus the amount of any deductible that applies to the 660 insurance claim. 661 19.2. Damage, Inclusions and Services. Should any Inclusion or service (Including utilities and communication 662 services), system, component or fixture of the Property (collectively Service) (e.g., heating or plumbing), fail cr be 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 Delusion or Service with a unit of similar size, age and quality, or an equivaleat credit but only to the 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 proceeds received by Buyer covering such repair or replacement tithe 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 125.1.00 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. It -Buyer receives such a credit. Seller's right far any claim spinet the 670 Association, if any, will survive Closing. Seller and Buyer are aware of the existence of pm -owned home warranty programs that 671 may be purchased and may cover the repair or replacement of such Inclusions. 672 19.3. Coademaatlaa le the event Seller receives actual notice prior to Closing that a pending condemnation 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 condemnation 674 settee. Buyer has the Right to'P.:mimte under § 25.1, on or before Closing Date, based on such condemnation action, in Buyer's 675 sole subjective diacretiau. 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 nut include rwloestion benefits or expenses, or exceed the Purchase Price. 678 19.4. Welk -Through and Verificatlan of Condition. Buyer, upon reasonable notice, has the right to walk through the 679 Property prior to Closing to verify that the physical condition of the Property and Inclusions complies with this Contract 600 19.5. Alsk of Loss —Growing Crops. The risk of loss for damage to growing crops by are or other casualty will be bone 681 by the party articled to the growing crops as provided in § 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 Oat the respective broker has edvised that this Contract has impatient legal consequences and has recommended the examination 685 of title and consultation with legal and tans or other counsel before sigaiag this Contract. 686 21. TIME OF ESSENCE, DEFAULT AND REMEDIES. Tame is of the essence for all dates and deadlines in this Contract 687 This mesas 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 nomdetautting 689 party has the following remedies 690 2I.1. If Buyer Ls in Default: 691 0 21.1.1. Speelfe Petibrmance. Seller may elect to cancel this Contract and all Earnest Mosey (whether or not paid 692 by Buyer) will be paid to Seller and retained by Seller. It is agreed that the Earnest Money is note penalty. and the Parties agree 693 the amount is fair and reasonable. Sella may recover such additional damages as maybe proper. Alternatively, Salter may elect 694 to treat this Contract as being in full face and effect and Seller has the right to specific performance cr damages, or both. 695 21.1.2. Liquidated Damage', Applicable. This § 21.1.2 applies unless the box in 121.1.1. is ditched. Seller 696 may cancel this Contract. All Earnest Money (whether or net paid by Buyer) will be paid to Seller. end retained by Seller. It Is 697 agreed that the Earnest Money specified DI 4.1 is LIQUIDATED DAMAGES, and not a penalty, which amount the parties agree 698 is fair and reasonable and (except e<provided in §§ 10.4. 22, 23 and 24), said payment of Earnest Money is SELLER'S ONLY 699 REMEDY for Buyer's failure to perform the obligations of this Contract Seller expressly waives the remedies of specific 100 performance and additional damages. 701 21.2. If Seller Ls in Default: Buyer may elect to treat this Contract as canceled, in which case all Earnest Money received 702. hereunder will be returned and Buyer may recover sods damages as may be proper. Alternatively. Buyer may elect to treat this 703 Contract as being in full force and effect and Buyer bas the right Os specific performance or damages. or both 704 22. LEGAL FEES, COST AND EXPENSES. Anything to the culinary herein notwithstanding, io the event of any arbitration 705 or litigation relating to this Contract, prior to or after Closing Date. the arbitrator or cows must award to the prevailing party all 706 reasonable costs and expenses, including attorney fees, legal fees and expenses. 707 23. MEDIATION. If a dispute arises relating to this Contact, (whether prior to or after Closing) and is not resolved, the parties 708 must first proceed, in good faith, to mediation. Mediation is *process in which the parties meet with an impartial person who helps 709 to resolve the dispute informally and confidentially. Mediators canna impose binding decisions. Before any mediated settlement is 710 binding, the parties to the dispute must. agree to the settlement, in writing. The parties will jointly appoint an 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 C S4.4•sS, CONTRACT TO BUY AND SELL O AL urns (LAND) 102020161149 Buyer Seller iatttals Fate 14 after DoanSign Envelope ID: 31f 30DC4-6ED8-488D-82C2-473OD9779FC8 Docents Envelope ID 7ESOF810-0FF0424D-8A17-4CtAS2FAB5t2 712 dispute is not resolved within thirty days of the date written notice requesting mediation is delivered by one patty to the other at 713 that pasty's last known addicts (physical or electronic as provided in § 27). Nothing in this Section prohibits either party from 714 filing a lawsuit and recording a Ifs pridehes affecting the Peopetty, before or after the date of written notice requesting mediation. 715 This section will not alter any date in this Contract, unless otherwise agreed. 716 24. EARNEST MONEY DISPUTE. Except as otherwise provided hems, Earnest Money Holder must release the Earnest 717 Money following receipt of venue° mutual instructions. signed by both Buyer and Sella. 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 discretion, has several optima: (1) wait for any proceeding between Buyer and Seller; (2) iaterplead all parties and 720 deposit Earnest Money into a court of competent jurisdiction. (Earnest Money Holder is entitled to recover court costs and 721 reasonable attorney and legal fees incurred with such action); or (3) provide notice to Buyer and Seller that unless Earnest Money 722 Holder receives a copy of the Summons and Complaint or Claim (between Buyer and Seller) containing the ease number of the 723 lawsuit (Lawsuit) within one hundred twenty days of Earnest Money Holdee's notice to the parties, Earnest Money Holder is 724 authorized to return the Earnest Money to Buyer. In the event Earnest Money Holder does receive a copy of the Lawauit, said has 725 not interpled the monies at the time of any Order, Earnest Money Holder must disbone the Earnest Money pursuant to the Order 726 of the Court The parties reaffirm the obligation of Mediatlen. This Section will survive cancellation or termination of this 727 Contract 728 25. TERMINATION. 729 25.1. Right to Terminate. If a party has a right to terminate, as provided in this Contract (Right to'ibeminate), the 730 termination is effective upon the other party's maim of a written notice to terminate (Notice to Teanmaee), provided such written 731 notice was received on or before the applicable deadline specified in this Contract. If the Notice to 'm^ntnat- is not received on or 732 before the specified deadline, the party with the Right to Tramiasse accepts the specified matter, document or condition as 733 satisfactory and waives the Right to Terminate under such provision. 734 25.2. Effect of Tersnlnatko. In the event this Contract is terminated, all Earnest Money received hereunder will be 135 returned and the parties are relieved of all obligations hereunder, subject to §§ 10.4, 22.23 and 24. 736 26. ENTIRE AGREEMENT, MODIFICATION, SURVIVAL; SUCCESSORS. This Contract, its exhibits and specified 737 addenda, constitute the entire agreement between the parties relating to the subject hereof, and any prior agreements pertaining 738 thenno, whether oil or written, have been merged and integrated into this Contract. No subsequent modification of any of the 739 muss of ibis Contract is valid, binding upon the parties. or enforceable lnlaas made in writing and signed by the parties. Any right 740 or obligation in this Contract that, by its terns, exists or is intended to be performed after termination or Closing survives the 741 same. Any successor to a Party receives the predecessor's benefits and obligations of this Contract 742 27. NOTICE, DELIVERY, AND CHOICE OF LAW. 743 27.1. Pbydeal Delivery and Notice. Any document, or notice to Buyer or Seller must be in writing, except as provided in 744 § 272., and is effective when physically received by such party, any individual named in this Contract to receive documents or 745 nodoes far etch party, the Broker, or Brokerage Firm of Broker working with such patty (except any notice or delivery after 746 Cloning mud be received by the party, not Broker or Brokerage Firm). 747 212, Electronic Notice, As en alternative to physical delivery, any notice, stay be delivered in electronic form to Buyer 748 or Seller, any individual earned in this Contract to receive documents or notices for such party, the Broker or Brokerage Finn of 749 Broker working with such patty (except any notice or delivery after Closing must be received by the party, not Broker or 750 Brokerage Firm) at the elechoaic address of the recipient by facsimile, email or internee. 751 27.3. Electronic Delivery. Electronic Delivery of documents and notice may be delivered by: (I) entail at the email 752 address of the recipient, (2) a link or access to a website or server provided the recipient receives the information necessary to 753 access the documents, or (3) facsimile at the Pax No. of the recipient. 754 27.4. Choice of Law. This Contract and all dispute arising hereunder are governed by and construed in accordance with 755 the laws of the Stem of Colorado that would be applicable to Colorado residents who sign a contract in Colorado for real property 756 located in Colorado. 757 28. NOTICE OF ACCEPTANCE, COUNTERPARTS. This proposal will expire unless accepted in writing, by Buyer and 758 Seller, as evidenced by their signatures below, and the offering pasty receives notice of such acceptance pursuant to § 27 on or 759 before Acceptance Deadline Date and Acceptance Deadline Time. If accepted, this document will become a contract between 760 Seller and Buyer. A copy of this Contract may be executed by each patty, separately, and when each party has executed a copy 761 thereof, such copies taken together are deemed to be a Ib1l and complete contract between the parties. 762 29. GOOD FAITH. Buyer and Seller acknowledge that each party has an obligation to set in good faith including, but not CBS4645. COh*TRACTTO BUY AI40 SELL REAL E8rATz(LAID) 1a72V201611:n9 BujGr r•na" 9eear kidder hgelad le DocuSign Envelope ID'. 31F30DC4-6ED8-488D-82C2-473UD9779FC8 Domslgn Envelope O: 7E30FB10-0FF0i249•BA17-4CSAa2FA8512 763 limited to, exercising the rights and obligations set fonh in the provisions of Irnutaeing Conditions and Obligations. rtie 764 Insurance, Record Titre and Oft Record Tie, New H,C New Survey and Property Disclosure, Inspection, Indemnity, 765 Insurability, Due Diligence, Buyer Disclosure and Source of Water. 766 I ADDITIONAL PROVISIONS AND ATTACIAOENTS 767 30. ADDITIONAL PROVISIONS. (The following additional provisions have not been approved by the Colorado Real Estate 768 Commission.) 769 N/A 770 771 772 773 774 775 776 777 31. ATTACHMENTS. 778 31.1. The following attachments are a part of this Contract: 779 N/A 780 781 782 783 784 312. The following disclosure forms ace attached but are not a part of this Contract: 785 N/A 786 787 788 789 790 SIGNATURES Buyers Name: Ootworld Property Investment, LLC C� aneaanva,sE_ Buyers Signature Brian railer 10/28/2016 Address: 8215 Cattail Drive Niwot, CO 80503 Phone No.: N/A Fax No.: N/A Email Address: iv! uller. out vorld94msii . coma Date 791 (NOTE: If this oiler is being countered or rejected, do not sign this document Refer to g 32] Setleri Name: Longmont Vista, View &cal &state, Inc (4.41 Se11or'a Sl/+isti,o 4onathan Lapin CBS4•a•1S C0NERACTT0 B0YANB SELL REAL ESrATE(IAND) ioswo1611e, Rurer „Leta _ Page la of IS Sdta Wills DocuSign Envelope ID: 31 F30DC4.8E08-488D-82C2-4730D9779FC8 [locate Envelope 10: 755DFB1]-0FFO-1249.BAMT4C5M1FAB512 Address: 2200 Rittenhouse Street 0275 Des Moines, IA 50321 Phone No.: N/A Fax No.: N/A Email Address: N/A 792 793 32. COUNTER; REJECTION. This offer is 0 Countered 0 Rejected. 794 Initials only of party (Boyer 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 Burka working with Buyer) Broker ❑ Does t t Does Not acknowledge receipt of Earnest Money deposit and, while not a patty to the Contract, agrees to cooperate upon request with any mediation concluded under; 23. Broker agrees that if Brokerage Finn is the Earnest Money Holder and, except as provided in 924, if the Earnest Mosey has not already been returned following receipt of a Notice to Terminate or other written notice of termination, Earnest Money Holder will release the Earnest Money as directed by the written mutual instrnedone Such release of Earnest Money will be made within live days of Earnest Money Holder's receipt of the executed written mutual instructions, provided the Earnest Money check has cleared. Broker is working with Buyer as a an Buyer's Agent 0 Seller's Agent 0 Transecden-Broker in this transaction. ❑ This is a Change of Status. Brokerage Firm's compensation or commission is to be paid by (El Listing Brokerage Firm 0 Boyer 0 Other N/A. Brokerage Him's Name: Broker's Name: Address: Phone Nu.: Fax No.: Email Address: LIV Sotheby's Intl Realty Jeffery Srickson ,�L[tt,r i,n' tn(kl0tt. nmtwvoeone. 10/28/2016 Broker's Signature; Date 1050 Walnut St stn 100 Sooldar, CO 80302 (303) 443-6161 (303) 443-8822 jeff.aricksonesothebysrealty.con 34. BROKER'S ACKNOWLEDGMENTS AND COMPENSATION DISCLOSURE. (To be completed by Broker working with Seller) Broker ❑ Dom ® Does Not acknowledge receipt of Earnest Money deposit and, while not a party to the Convect, agrees to cooperate upon request with any mediation concluded under9 23. Broker agrees that if Brokerage Firm is the Eamwt Money Holder and. except as provided in; 24. if the Earnest Money bas not already been roomed following receipt of a Notice to Terminate or other written notice of termination, Earnest Money !folder will release the Earnest Money es directed by the written mutual instructions Such Mime of Earnest Money will be made within five days of Earnest Money Holder's receipt of the executed written mutual inatsuctions, provided the Earnest Money cheek has cleared. Broker is working with Seller as a © Seller's Agent 0 buyer's Agent 0 Transaction -Broker in this tanaecdon. CB546.1S.000NNTIeACTT0 BUY AND SELL REAL ESTATE(LAND) 10R6r201611.09 BumOntialat Seller faith): Pagel? of IS DocuSign Envelope ID. 31F30DC4-6ED8-488D-82O2-473DD9779FC8 Deana Envelope ID: TE3OF81D-0FF04249.8A17-4CSA32FAB812 0 This is a Change of Stains. Brokerage Firms compensation or commission is to be paid Brokerage Firm's Name: Broker's Name: Address: Phone No.: Fax No.: Email Address: 796 kingdom - Nunt gaature: 21 Ken Pratt Blvd k100 Longmont, CO 60301 (303) 776-3344 (303) 776-3311 dhuntgmkr.. cow er 0 Buyer 0 OtherIn/A. Ca34.4-t£ CONTRACT TO BUY AND SILL REAL ESTATE (LAND) ID7tl2a16 IUD Burs inithat Seller Ieidals ran n of is 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 I Paced 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 shalt 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 all 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 shalt 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 Rules. 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 pan 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 (I 5) 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 shall 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 rights 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 hen 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 full 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. Headings. 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 WtdEREOF, the parties have executed this Lease as of the day and year first above written. LANDLORD Outworld Property Investment, LLC By: _?.... A Title: M,► NAr); As 4„, y , c c O Pr ef, Tsi*r f L ( . Date: VI /20c (. TENANT Tappist Munks,� By:. 11 Title:I�Mfhrs.rs 4. �% ��(i.51 /it w CU Date: c�t'2v�L EMI WELD COUNTY ONLINE MAPPING Brew Pu a (County) Liquor License Firestone S1=R 68 NK4- foESPf 270 SPIR1 G-0311 S PR13-+)00 NCU-407 3,PRj15. J 1./1I IN 3 fA I HIGHWAY 119 W B USR-1199AM 3 GRAVEL MININ � - - USR-397AM RON, SLU GE C t� MPOSTINGGRAVELtPIT NA IVI &tMINE Longmont USR-397AM GRAVEL PIT. SPR-86 2,234.7 0 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 II Parcels USR - Uses by Special Revievn SPR - Site Plan Review NCU - 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 Fri WELD COUNTY gar ONLINE MAPPING 3rew Pu a (County) Liquor License HIGHWAY -1 9 WB- - _--HIGHWAY 119-EB 441 OS: tt s,- an r • 1680 1710" 558.7 I WGS_1984 Web Mercator Auxiliary Sphere c Weld County Colorado .77I f I a Lava 17401 17an #3ti 1885 '? 10939 rytoo,. t Et r VISTA VIEW DR 1840) # E 1 840 I his 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 0 279.33 558.7 Feet Legend L_J Parcels 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, L.LC, dba Outworld Brewing 1725 Vista View Drive, Units B, C, and D, Longmont, CO 80504 2/4/2020 Property Report inn 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 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 I 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 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 C-3.1- 0.00 0 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 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 INVESTMENTS ACME LLC 17.51 I 10-06-2009 175,100 4190765 03-28-2016 WD INVESTMENTS ACME LLC , INVESTMENT OUTWORLD PROPERTY LLC 110.00 03-25-2016 1,100,000 Building 1 AccountNo Building ID Occupancy R1177802 1 Warehouse ID Type NBHD Occupancy /° Complete Bedrooms Baths Rooms 1 Condo 1 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 1177802 2/4 2/4/2020 Property Report ID Square Ft Condo SF T Total Basement SF Finished 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 w 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 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=R 1177802 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 (NCR 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 1 VRAIN SANITATION 0.484 - 2342 0100 -- WELD COUNTY 15.038 Total r - - 93.701 'Ii i[: 'It tit Building Page 1 Building 1 Page 2 Copyright © 2020 Weld County, Colorado. All rights reserved. Privacy Policy & Disclaimer I Accessibility Information https://propertyreport.co.weld.co.us/?account=R1177802 4/4 2/4/2020 Property Report mon Weld County PROPERTY PORTAL Property Information (970) 400-3650 Technical Support (970) 400-4357 Account: R1177902 February 4, 2020 Account Parcel Space I Account Type Tax Year Buildings Actual Value Assessed Value R1177902 131308109003 Industrial 2020 1 357.960 I 103,810 b Legal VBC UNIT 3 VISTA BEACON CONDOS Subdivision Block Lot Land Economic Area VISTA BEACON CONDO 1 3 1 VISTA BEACON CONDOS Property Address p Property City p y Zip Section Township Range 1725 VIEW VISTA DR C WELD 000000000 08 02 68 Account Owner Name Address R1177902 OUTWORLD INVESTMENT PROPERTY LLC 8215 CO CATTAIL 805037285 DR NIWOT. https://propertyreport.co.weld.co.us/?account=R1177902 1/4 2/4/2020 Property Report C Reception Rec Date Type Grantor Grantee I Doc Fee Sale Date Sale Price 12-27-1983 USR USE SPECIAL REVIEW BY IMPLEMENT USR-584 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 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 OUTWORLD PROPERTY INVESTMENT LLC 110.00 03-25-2016 1.100.000 Building 1 AccountNo Building ID i Occupancy R1177902 1 Warehouse ID Type NBHD T Occupancy °/ 0 Complete Bedrooms Baths Rooms 1 Condo 3921 Warehouse 100 0 0 0 ID Exterior Roof Cover Interior HVAC 1 Perimeter Units ._ Unit Type Make 1 Shed Space Heater 536 6 i Inside 1 1 https://propertyreport.co.weld.co.us/?account=R1177902 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 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 2,983 2001 1 0 0 Additional Details for Build' p 1 ID Detail Type Description Units 1 Mezzanine Finished 1,000 Type Code Description Actual Value Assessed Value Acres Land SqFt Improvement 2245 f COMMERCIAL CONDOS 357.960 103.810 0.000 0 Totals - - 357,960 103,810 I 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 District ID I 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 -Jr 0303 ST (SVW) VRAIN LEFT HAND WATER 0.156 2342 0620 ST VRAIN SANITATION 0.484 2342 0100 WELD A COUNTY { 15.038 Total - - 93.701 • ' .1 �•!II ilriti 1 ti ars Building 1 Page 1 Building 1 Page 2 Copyright © 2020 Weld County, Colorado. 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 Parcel Space Type Account Tax Year Buildings Actual Value Assessed Value Account R1178002 I 131308109004 Commercial 2020 1 357.960 103,810 Legal VBC UNIT 4 VISTA BEACON CONDOS Subdivision Block Lot Land Economic Area 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 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 - Rec Date Type Grantor Grantee T 1 Doc Fee Sale Date Sale Price Reception USR I USE SPECIAL REVIEW BY IMPLEMENT USR-584 STORE FARM 0.00 I 12-27-1983 05-04-2001 SPR SITE REVIEW PLAN SPR-342 0.00 0 06-18-1992 COZ WELD COUNTY ZONING CASE: ZONING 1, PUD Z-465 I- 0.00 0 2292346 C-3. SUB SUBDIVISION VISTA BEACON CONDOS 0.00 0 2866106 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 ACME INVESTMENTS LLC 26.75 10-06-2009 267.500 4190765 03-28-2016 WD 1 ACME INVESTMENTS LLC OUTWORLD PROPERTY INVESTMENT LLC 110.00 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 i Warehouse 100 0 0 0 ID Exterior Roof Cover Interior HVAC Units Unit Type Make Perimeter 1 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 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 Code i 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=R1178002 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 (NCVV) 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 - 1 - 93.701 A. . • ♦'.r7 Building 1 Page 1 } Building 1 Page 2 Copyright CO 2020 Weld County, Colorado. All rights reserved. Privacy Policy & Disclaimer I Accessibility Information https://propertyreport.co.weld.co.us/?account=R1178002 4/4 APPLICATION FOR THE MODIFICATION OF LIQUOR LICENSED PREMISES - TAPPIST MUNKS, LLC, DBA OUTWORLD BREWING 1861 1"E v� NTY� Notices SIGN POSTING AFFADAVIT DATE: August 5, 2020 FROM: Chloe A. Rempel, Deputy Clerk to the Board Supervisor SUBJECT: Tappist Munks, LLC, dba Outworld Brewing Pursuant to Article 3, Title 44, C.R.S., notice given by posting shall include a sign of suitable material, not less than twenty-two inches wide and twenty-six inches high, composed of letters not less than one inch in height and stating the type of license applied for, the date of the application, the date of the hearing, and the name and address of the applicant, and such other information as may be required to fully apprise the public of the nature of the application. I hereby certify that I posted the Notice Sign for notification of hearing to consider a liquor license application on this 6th day of August, 2020. Cr / 000 I Q -O Chloe A. Rempel, Deputy Clerk to the Board Supervisor Date Weld County • Clerk to the Board's Office • 1150 O Street, Greeley, CO 80631 • (970) 400-4213 • crempel@weldgov.com Tar'S �.� , s ,., S. war h' '`r' i 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 August 5, 2020 ATTN: BRENDA FULLER TAPPIST MUNKS, LLC OUTWORLD BREWING 1725 VISTA VIEW DRIVE UNITS B, C, AND D LONGMONT, CO 80504 RE: HEARINGS TO CONSIDER APPLICATIONS FOR THE TEMPORARY AND PERMANENT MODIFICATIONS OF THE LIQUOR LICENSED PREMISES Dear Applicant: This is to advise you that the Weld County Board of Commissioners will hear your request for the modification (both temporary and permanent) of the liquor licensed premises at the property described as: 1725 Vista View Drive, Units B, C, and D, Longmont, Colorado 80504. The meeting is scheduled for Monday, August 17, 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. While this is a public meeting and you are welcome to attend, your attendance is not mandatory at this time. The meeting will be live -streamed at www.weldgov.com. If you have any questions concerning this matter, please do not hesitate to contact me at (970) 400-4213 or crempel@weldgov.com. Sincerely, QQtQec2. Chloe A. Rempel Deputy Clerk to the Board Supervisor cc: Weld County Attorney's Office Chloe Rempel From: Sent: To: Subject: Attachments: Good afternoon, Chloe Rempel Wednesday, August 5, 2020 2:14 PM Brenda Fuller; bgfuller.outworld@gmail.com Notice of Hearing - Modification of Premises - Tappist Munks, LLC, dba Outworld Brewing Notice of Hearing - Mod of Premises - Tappist Munks, LLC.pdf This is to advise you that the Weld County Board of Commissioners will hear your request for the modification (both temporary and permanent) of the liquor licensed premises at the property described as: 1725 Vista View Drive, Units B, C, and D, Longmont, CO 80504. The meeting is scheduled for Monday, August 17, 2020, at 9:00 a.m. Please see the attached letter for further information (hard -copy to follow). Sincere regards, Chloe A. Rempel Deputy Clerk to the Board Supervisor Clerk to the Board's Office Weld County 1150 O Street Greeley, CO 80631 Tel. (970) 400-4213 Email: crempel@weldgov.com 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 WELD COUNTY LIQUOR LICENSE CERTIFICATE OF MAILING FIRST NAME LAST NAME COMPANY ADDRESS 1 CITY STATE POSTAL CODE BRENDA FULLER TAPPIST MUNKS, LLC, DBA OUTWORLD BREWING 1725 VISTA VIEW DRIVE, UNITS B, C, AND D LONGMONT CO 80504 bgfuller.outworld@gmail.com 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 5th day of August, 2020. Oa Chloe A. Rempel Deputy Clerk to the Board Supervisor APPLICATION FOR THE MODIFICATION OF LIQUOR LICENSED PREMISES - TAPPIST MUNKS, LLC, DBA OUTWORLD BREWING Receipts Payment Receipt Confirmation Your payment was successfully processed. Receipt Contact Information Contact Name Contact Email Contact Phone Transaction Summary Liquor Enforcement Division DOR_LIQLICENSING@state.co.us 303-205-2300 Contact Url Contact Address www.colorado.gov/enforcement/co ntact-us-liquor-tobacco- enforcement-division 1697 Cole Blvd, Suite 200 Lakewood, CO 80401 Receipt Confirmadon Description Amount DOR Liquor Enforcement Division Payment $150.00 Service Fee $4.14 TOTAL $154.14 This online service is provided by a 3rd party working in partnership with the state of Colorado. The price of items purchased through this service includes revenue used to develop, maintain, and enhance the state's official web portal, Colorado.gov. Customer Information Customer Name Brenda Fuller Receipt Date Company Name Tappist Munks, LLC Receipt Time Local Reference ... 35FB8B28CFSC9FDC7A 42244A477271 B7 Payment Info Payment Type Credit Card Credit Card Type MAST Credit Card Nu... Order ID 7/30/2020 04:02:20 PM MDT ****** 145624422 APPLICATION FOR THE MODIFICATION OF LIQUOR LICENSED PREMISES - TAPPIST MUNKS, LLC, DBA OUTWORLD BREWING Staff Referral Responses Chloe Rempel From: Sent: To: Subject: Attachments Good afternoon, Chloe Rempel Wednesday, August 5, 2020 1:50 PM Alan Caldwell; Bethany Pascoe; Bob Choate; Bruce Barker; Curtis Hall; Dawn Anderson; Don Dunker; Elizabeth Relford; Gabri Vergara; Hannah Dutrow; Jose Gonzalez; Karin McDougal; Lauren Light; Michael Knee; Nick Trautner; Tom Parko Jr.; Wendi Inloes TWO (2) MODIFICATIONS OF LIQUOR LICENSED PREMISES - Tappist Munks, LLC, dba Outworld Brewing Temporary Mod - Tappist Munks, LLC.pdf; Staff Referral Memo - Temp - Outworld Brewing.pdf; Permanent Mod - Tappist Munks, LLC.pdf; Staff Referral Memo - Permanent - Outworld Brewing.pdf CTB has received two (2) applications for the modification of liquor licensed premises (one [1] temporary modification, which is allowed by the State in light of COVID-19, and one [1] permanent modification). In accordance with the procedures for processing Modification of Liquor Licensed Premises Applications, please complete and return the attached "Staff Referral Memo — Temp — Outworld Brewing" AND "Staff Referral Memo — Permanent — Outworld Brewing". Your reports will be used by the Board of County Commissioners in considering the Applicant's request. PLEASE RESPOND NO LATER THAN: Wednesday, August 12, 2020 * I apologize for the quick turn -around time. The State is giving us a short review period for temporary modifications. Please note: 1. Applicant: Tappist Munks, LLC, dba Outworld Brewing Address: 1725 Vista View Drive, Units B, C, and D, Longmont, CO 80504 File Location: LC0053 License Type: Brew Pub (County) Liquor License 2. Modifications of premises are a little different than review of the license and applicant themselves. You are reviewing the updated diagram of the liquor licensed premises to ensure it meets all of your department's requirements. If you have any questions, please don't hesitate to ask. Thank you, Chloe A. Rempel Deputy Clerk to the Board Supervisor Clerk to the Board's Office Weld County 1150 O Street Greeley, CO 80631 Tel: (970) 400-4213 Email: crempel@weldgov.com 1 From: Brenda Fuller To: Chloe Rempel Cc: bgfuller.outworld(Tgmail.com Subject: Re: Notice of Weld County Departmental Referral Responses Date: Friday, August 14, 2020 2:47:50 PM Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. On Fri, Aug 14, 2020 at 1:42 PM Chloe Rempel <crempel aweldgov.com> wrote: Hello Chloe 1 -The Exit is clearly marked and a phot is attached 2 The Fire Marshall came by, per the email in the modification request. I attach his business card as he indicated he would be happy to provide any Information needed Sincerely, Brenda Fuller 301-526-0180 lot ,r. t ,• a) 'w: "CA, + /• 1 . 1. 1. .. t 1 -3r- It.. t o • I �`;it As part of the review process for applications for the modification of liquor licensed premises, I sent both your temporary and permanent modification applications to various Weld County departments for referral review During this process, the following comments were made Please respond to this email with information pertaining to both items 1 Department of Planning Services, Building Inspections Emergency exits must be clearly identified and unlocked during business hours 2 Department of Planning Services While reviewing SPR17-0005, Planning staff indicated to the licensee that the property owner shall discuss the proposed diagram with the local Fire District Thank you, Chloe A. Rempel Deputy Clerk to the Board Supervisor Clerk to the Board's Office Weld County 1150 0 Street Greeley, CO 80631 Tel: (970) 400-4213 Email: crempel@weldgov.com 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 MEMORANDUM TO: Board of County Commissioners FROM: Nick Trautner DEPARTMENT: Public Health and Environment DATE: 8/5/2020 SUBJECT: Modification of Liquor Licensed Premises The Weld County Clerk to the Board's Office has received an application to modify the Liquor Licensed Premises of an existing Liquor License in Unincorporated Weld County: License Type: Brew Pub (County) Liquor License Applicant(s): Tappist Munks, LLC, dba Outworld Brewing Address: 1725 Vista View Drive, Units B, C, and D, Longmont, CO 80504 File Location: LC0053 Reply By: Wednesday, August 12, 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(a�weldgov.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 modification of premises. We have reviewed the request, and recommend approval given that the below or attached conditions are met. See attached letter, or comments below. 044 COLORADO MEMORANDUM To: Chloe Rempel, Deputy Clerk to the Board August 6, 2020 From: Bethany Pascoe, Zoning Compliance Officer, Dept. of Planning Services Subject: LC0053 Review of the following both Temporary and Permanent Modification of Liquor License (LC0053) 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 Dr, 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. Planning Staff indicated that the property owner shall discuss with the local Fire District; however, Planning Staff had no concerns with either modification request. No Compliance concerns or comments concerning either modification request. SERVICE, TEAMWORK, INTEGRITY, QUALITY MEMORANDUM TO: Board of County Commissioners FROM: Jose Gonzalez DEPARTMENT: Building DATE: 08/06/20 SUBJECT: Modification of Liquor Licensed Premises The Weld County Clerk to the Board's Office has received an application to modify the Liquor Licensed Premises of an existing Liquor License in Unincorporated Weld County: License Type: Brew Pub (County) Liquor License Applicant(s): Tappist Munks, LLC, dba Outworld Brewing Address: 1725 Vista View Drive, Units B, C, and D, Longmont, CO 80504 File Location: LC0053 Reply By: Wednesday, August 12, 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 crempelweldqov.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 modification of premises. We have reviewed the request, and recommend approval given that the below or attached conditions are met. See attached letter, or comments below. Emergency exits in new patio area must be clearly identified and unlocked during business hours. Area must remain in compliance with Accessibility requirements of 2018 International Building Code. Chloe Rempel From: Sent: To: Subject: Good afternoon, Chloe Rempel Friday, August 14, 2020 1:42 PM Brenda Fuller; bgfuller.outworld@gmail.com Notice of Weld County Departmental Referral Responses As part of the review process for applications for the modification of liquor licensed premises, I sent both your temporary and permanent modification applications to various Weld County departments for referral review. During this process, the following comments were made. Please respond to this email with information pertaining to both items. 1. Department of Planning Services, Building Inspections: Emergency exits must be clearly identified and unlocked during business hours. 2. Department of Planning Services: While reviewing SPR17-0005, Planning staff indicated to the licensee that the property owner shall discuss the proposed diagram with the local Fire District. Thank you, Chloe A. Rempel Deputy Clerk to the Board Supervisor Clerk to the Board's Office Weld County 1150 O Street Greeley, CO 80631 Tel: (970) 400-4213 Email: crempel@weldgov.com 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: Lt Michael Knee DEPARTMENT: Weld County Sheriffs Office DATE: 08/07/2020 SUBJECT: Modification of Liquor Licensed Premises The Weld County Clerk to the Board's Office has received an application to modify the Liquor Licensed Premises of an existing Liquor License in Unincorporated Weld County: License Type: Brew Pub (County) Liquor License Applicant(s): Tappist Munks, LLC, dba Outworld Brewing Address: 1725 Vista View Drive, Units B, C, and D, Longmont, CO 80504 File Location: LC0053 Reply By: Wednesday, August 12, 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 crempek weldgov.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 modification of premises. We have reviewed the request, and recommend approval given that the below or attached conditions are met. See attached letter, or comments below. A search of Spillman was conducted on the applicant and the address with nothing to note. The Sheriffs Office has no conflicts with this particular applicant. MEMORANDUM TO: Board of County Commissioners FROM: Dawn Anderson DEPARTMENT: Public Works DATE: August 11, 2020 SUBJECT: Modification of Liquor Licensed Premises The Weld County Clerk to the Board's Office has received an application to modify the Liquor Licensed Premises of an existing Liquor License in Unincorporated Weld County: License Type: Brew Pub (County) Liquor License Applicant(s): Tappist Munks, LLC, dba Outworld Brewing Address: 1725 Vista View Drive, Units B, C, and D, Longmont, CO 80504 File Location: LC0053 Reply By: Wednesday, August 12, 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 crempelna,weldgov.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 modification of premises. We have reviewed the request, and recommend approval given that the below or attached conditions are met. See attached letter, or comments below. APPLICATION FOR THE MODIFICATION OF LIQUOR LICENSED PREMISES - TAPPIST MUNKS, LLC, DBA OUTWORLD BREWING Miscellaneous Correspondence Chloe Rempel From: Sent: To: Subject: Attachments: Good afternoon, Chloe Rempel Tuesday, September 1, 2020 12:54 PM LIQLICENSING - DOR, DOR_ Submittal of Application for PERMANENT Modification of Liquor Licensed Premises 20202664.pdf Please see the attached application for the PERMANENT modification of liquor licensed premises, which was approved by the Weld County Board of Commissioners on Monday, August 31, 2020. The fee was submitted in your online payment portal (copy of the receipt is in the application packet). If you have any questions or need anything further from me, please don't hesitate to ask. Thank you! Chloe A. Rempel Deputy Clerk to the Board Supervisor Clerk to the Board's Office Weld County 1150 O Street Greeley, CO 80631 Tel: (970) 400-4213 Email: crempel@weldgov.com 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 Chloe Rempel From: Sent: To: Subject: Attachments: Good afternoon, Chloe Rempel Friday, August 28, 2020 4:39 PM Brenda Fuller Report of Investigation from Inspection on 8/28/2020 Report of Investigation Letter - Permanent Modification of Liquor Licensed Premises.pdf On August 6, and 28, 2020, I traveled to the proposed licensed premises known as Tappist Munks, LLC, dba Outworld Brewing, located at 1725 Vista View Drive, Units B, C, and D, Longmont, Colorado 80504. While there, I made an on -site inspection regarding the Modification of Liquor Licensed Premises application filed for a Brew Pub (County) Liquor License. Please see the attached letter for further information. Sincere regards, Chloe A. Rempel Deputy Clerk to the Board Supervisor Clerk to the Board's Office Weld County 1150 O Street Greeley, CO 80631 Tel: (970) 400-4213 Email: crempel@weldgov.com 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 Chloe Rempel From: Sent: To: Subject: Attachments: Good morning, Chloe Rempel Monday, August 17, 2020 11:19 AM LIQLICENSING - DOR, DOR_ Applications for the Modification of Liquor Licensed Premises - Tappist Munks, LLC, dba Outworld Brewing RE: Temporary Modification of Premise - Outworld Brewing - 03-09689.; 20202521 - Part One - Pages 1-69.pdf Please see the attached application for the temporary modification of liquor licensed premises, a copy of all supporting documentation, and a copy of the associated fee that was submitted to you directly via your online payment portal, for Tappist Munks, LLC, dba Outworld Brewing, 1725 Vista View Drive, Units B, C, and D, Longmont, CO 80504,. The Weld County Board of Commissioners approved the application on Monday, August 17, 2020. Because your email has a file size limit and my original emails have been rejected, I am having to send the temporary modification application in two emails with two separate PDFs. Please be aware and look for the second email. Please note: the application for the PERMANENT modification of liquor licensed premises for the applicant is still being reviewed and HAS NOT been approved yet. The applicant did not have the construction of the patio complete yet, so the Board of Commissioners continued this matter to Monday, August 31, 2020. I will let you know if the application for the permanent modification is approved at that time. If you have questions or need additional information, please do not hesitate to contact me. Very truly yours, Chloe A. Rempel Deputy Clerk to the Board Supervisor Clerk to the Board's Office Weld County 1150 O Street Greeley, CO 80631 Tel: (970) 400-4213 Email: crempel(a�weldgov.com 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 Chloe Rempel From: Sent: To: Subject: Attachments: Good morning, Chloe Rempel Monday, August 17, 2020 11:23 AM LIQLICENSING - DOR, DOR_ Applications for the Modification of Liquor Licensed Premises - Tappist Munks, LLC, dba Outworld Brewing Applications for the Modification of Liquor Licensed Premises - Tappist Munks, LLC, dba Outworld Brewing; 20202521 - Part Two - Pages 70-138.pdf Because your email has a file size limit and my original emails have been rejected, I am having to send the temporary modification application in two emails with two separate PDFs. Please be aware and look for the first email (copy attached) that has the attachment labeled '20202521 — Part One — Pages 1-69.' Thank you, Chloe A. Rempel Deputy Clerk to the Board Supervisor Clerk to the Board's Office Weld County 1150 O Street Greeley, CO 80631 Tel: (970) 400-4213 Email: crempel@weldgov.com 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. From: Chloe Rempel Sent: Monday, August 17, 2020 11:18 AM To: 'LIQLICENSING - DOR, DOR_' <dor_liqlicensing@state.co.us> Subject: Applications for the Modification of Liquor Licensed Premises - Tappist Munks, LLC, dba Outworld Brewing Good morning, Please see the attached application for the temporary modification of liquor licensed premises, a copy of all supporting documentation, and a copy of the associated fee that was submitted to you directly via your online payment portal, for Tappist Munks, LLC, dba Outworld Brewing, 1725 Vista View Drive, Units B, C, and D, Longmont, CO 80504,. The Weld County Board of Commissioners approved the application on Monday, August 17, 2020. 1 Chloe Rempel From: Sent: To: Subject: Brenda, Chloe Rempel Monday, August 17, 2020 10:18 AM Brenda Fuller Inspection of the Liquor Licensed Premises I will perform your final inspection of the liquor licensed premises on Friday, August 28, 2020, at 1:30 p.m. All construction must be complete by this time and the diagram of your liquor licensed premises must accurately reflect the property itself. Sincere regards, Chloe A. Rempel Deputy Clerk to the Board Supervisor Clerk to the Board's Office Weld County 1150 O Street Greeley, CO 80631 Tel: (970) 400-4213 Email: crempel@weldgov.com 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 From: Chloe Remoel To: Brenda Fuller Subject: RE: Revised Drawing for Front of Outworld Brewing Date: Wednesday, August 12, 2020 11:33:52 AM Brenda, I cannot perform the inspection on Friday. If the railing is not ready by tomorrow afternoon, you will need to request a continuance from the Board of County Commissioners. Will the temporary modification be ready for inspection tomorrow? Sincere regards, Chloe A. Rempel Deputy Clerk to the Board Supervisor Clerk to the Board's Office Weld County 1150 0 Street Greeley, CO 80631 Tel: (970) 400-4213 Email: crempel@weldgov.com 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. From: Brenda Fuller <brenda.outworld@gmail.com> Sent: Wednesday, August 12, 2020 11:30 AM To: Chloe Rempel <crempel@weldgov.com> Subject: Re: Revised Drawing for Front of Outworld Brewing Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hi Chloe The railing will not be ready tomorrow. We will need another 2 days. Please let me know our options Thank you, Brenda On Wed, Aug 12, 2020 at 9:20 AM Chloe Rempel <crempel(@weldgov.com>wrote: Thank you Brenda — I'll wait to hear from you in a couple of hours. Chloe A. Rempel Deputy Clerk to the Board Supervisor Clerk to the Board's Office Weld County 1150 O Street Greeley, CO 80631 Tel: (970) 400-4213 Chloe Rempel From: Sent: To: Subject: Attachments: Good afternoon, Chloe Rempel Wednesday, August 5, 2020 12:56 PM Clymer - DOR, Mark; bgfuller.outworld@gmail.com RE: Temporary Modification of Premise - Outworld Brewing - 03-09689. Temporary Mod - Tappist Munks, LLC.pdf; Permanent Mod - Tappist Munks, LLC.pdf Please see the attached applications for both a Temporary Modification of the Liquor Licensed Premises and a Permanent Modification of the Liquor Licensed Premises for Tappist Munks, LLC, dba Outworld Brewing. Two (2) fees of $150.00 each were submitted in your online payment portal, both of which are attached in the application packets. The Weld County Hearing for consideration of the applications has been scheduled for Monday, August 17, 2020, to allow for adequate time for noticing, referral responses, and inspection. If approved by the Weld County Board of Commissioners, I'll send you updated paperwork. Thank you, Chloe A. Rempel Deputy Clerk to the Board Supervisor Clerk to the Board's Office Weld County 1150 O Street Greeley, CO 80631 Tel: (970) 400-4213 Email: crempel@weldgov.com 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. From: Clymer - DOR, Mark <mark.clymer@state.co.us> Sent: Friday, July 31, 2020 2:00 PM To: bgfuller.outworld@gmail.com Cc: Chloe Rempel <crempel@weldgov.com>; Esther Gesick <egesick@weldgov.com> Subject: Temporary Modification of Premise - Outworld Brewing - 03-09689. Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. 1 The Liquor Enforcement Division is in receipt of your payment for the temporary modification, however the required documents for consideration have not been forwarded at this time. Please forward those documents to me in this email so your application can be considered. Thanks in advance for your attention to this matter. Mark Clymer Criminal Investigator 2447 North Union Blvd. Colorado Springs, Colorado 80909 Office: 719-594-5654 I fax: 719-594-8719 email: mark.clymer@state.co.us www.colorado.gov / revenue / liquor 2 Chloe Rempel From: Sent: To: Subject: Chloe Rempel Friday, July 31, 2020 11:57 AM Brenda Fuller RE: Outworld Brewing Modification Perfect — just wanted to double check. I'll be in touch next week to schedule hearings. Chloe A. Rempel Deputy Clerk to the Board Supervisor Clerk to the Board's Office Weld County 1150 O Street Greeley, CO 80631 Tel: (970) 400-4213 Email: crempel@weldgov.com 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. From: Brenda Fuller <brenda.outworld@gmail.com> Sent: Friday, July 31, 2020 11:56 AM To: Chloe Rempel <crempel@weldgov.com> Subject: Re: Outworld Brewing Modification Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Yes. There are two separate local reference numbers. I received a confirmation email for only one. I will check my bank account to make sure that the second one went through. On Fri, Jul 31, 2020 at 11:45 AM Chloe Rempel <crempel@weldgov.com>wrote: Thank you Brenda. I am just confirming that the two receipts at the back of the packet are for two separate payments of $150.00 each, correct? Thanks again, 1 Chloe A. Rempel Deputy Clerk to the Board Supervisor Clerk to the Board's Office Weld County 1150 O Street Greeley, CO 80631 Tel: (970) 400-4213 Email: crempel(c�weldgov.corn 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. From: Brenda Fuller <brenda.outworldPgmail.com> Sent: Thursday, July 30, 2020 4:29 PM To: Chloe Rempel <crempel@weldgov.com> Subject: Outworld Brewing Modification Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hello Chloe, Our application for both a temporary and permanent modification. 2 Chloe Rempel From: Sent: To: Subject: Brenda, Chloe Rempel Thursday, July 30, 2020 10:37 AM 'Brenda Fuller' RE: Outworld Brewing Modification of License I only found a couple of minor items to alter: Temporary Modification Application: 1. Your current license number is 03-09689. 2. In Section C on page 1, please select "Change, Alter or Modify Premises". The total fee for each application is $150.00. 3. Under item #9 on page 4, please select "No" if this modification is not for an additional Hotel and Restaurant Optional Premises. Permanent Modification Application: 1. Your current license number is 03-09689. 2. In Section C on page 1, please select "Change, Alter or Modify Premises". The total fee for each application is $150.00. 3. Under item #9 on page 4: a. Please put "N/A" in the 'Start' and 'End' fields. b. Please select "No" if this modification is not for an additional Hotel and Restaurant Optional Premises. Once you correct those items and sign both applications, please feel free to email me the updated documents for submittal. You can pay both fees online via the State's online payment link: https://secure.colorado.gov/payment/liquor, but please send me a copy of the receipts. If you'd rather drop the applications off in person along with two checks for the fees, please let me know and I can schedule time to do so. Thank you, Chloe A. Rempel Deputy Clerk to the Board Supervisor Clerk to the Board's Office Weld County 1150 O Street Greeley, CO 80631 Tel: (970) 400-4213 Email: crempel@weldgov.com 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 1 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. From: Brenda Fuller <brenda.outworld@gmail.com> Sent: Wednesday, July 29, 2020 10:51 PM To: Chloe Rempel <crempel@weldgov.com> Subject: Outworld Brewing Modification of License Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hi Chloe, Before I finalize, please let me know if I have included in the application the types of documents required. With thanks, Brenda Fuller 301-526-0180 2 Chloe Rempel From: Sent: To: Subject: Brenda, Chloe Rempel Wednesday, July 29, 2020 4:10 PM Brenda Fuller Temporary Modification of Premises - Tappist Munks, LLC, dba Tappist Munks I heard back from the Colorado Liquor Enforcement Division (LED) this afternoon and they will be requiring two separate applications — one for the temporary modification and one for the permanent modification. Two separate fees of $150.00 dollars ($300.00 in total will likewise be required). Within the two separate applications, you'll need a separate copy of all paperwork. For example, the temporary modification needs a diagram and security plan specific to the temporary modification only, and the permanent modification needs a diagram and security plan specific to the permanent modification only. This is necessary so that when the Governor and LED 'turn-off the temporary modifications, your permanent modification still stands and will not need amending. If you have any questions, please don't hesitate to contact me. Additionally, please give me a call when you are ready to submit the applications and I can schedule an appointment to ensure I am in the office. Thank you, Chloe A. Rempel Deputy Clerk to the Board Supervisor Clerk to the Board's Office Weld County 1150 O Street Greeley, CO 80631 Tel: (970) 400-4213 Email: crempel@weldgov.com 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 Chloe Rempel From: Sent: To: Subject: Attachments: Good afternoon, Chloe Rempel Friday, May 29, 2020 1:08 PM Brenda Fuller Temporary Modifications of Liquor Licensed Premises DR 8442.pdf; Control Plan Example Letter.pdf Liquor licensees may file temporary modification requests due to COVID-19 to the local licensing authority (Weld County). Please complete the form DR 8442, which can be found here: https://www.colorado.gov/pacific/sites/default/files/DR%208442 e wo 2.pdf. There is only one fee of $150.00 to file, payable to the Colorado Department of Revenue. Licensees can pay online via the State's online payment link: https://secure.colorado.gov/payment/Iiquor. Additional Requirements: • Attach a diagram of the new premises with an outline of the entire licensed area. Diagram must be: o No larger than 8 1/2" x 11" o Dimensions included (does not have to be to scale). Exterior areas should show type of control (fences, walls, entry/exit points, etc.) Please also include the layout of your planned seating arrangement. o Bold/outlined licensed premises. • A control plan which details boundaries of the licensed premises, ingress/egress, signage, hours of operation, and your plan for preventing sales to underage or intoxicated persons (an example is attached for your use). • Proof of your permission to use the modified area to include but not limited to statements of use, permits, easements, deed, lease, etc. At this time, the Weld County Department of Public Health and Environment does not have any further requirements as long as licensees are not amending their current food operation plan (i.e. the food is still being stored and prepared the same way, but is just being served in an expanded location) and are following the guidelines specific to COVID-19. However, each application will be reviewed by the Health Department in a referral period. Please contact me at (970) 400-4213 or crempel@weldgov.com if you have any questions or to schedule a time for application submittal. If you are submitting the State fee online rather than by check or money order, you are welcome to email the completed application packet to me directly. Sincere regards, Chloe A. Rempel Deputy Clerk to the Board Supervisor Weld County 1150 O Street Greeley, CO 80631 tel: 970-400-4213 1 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. 2 c o U T Ivaj Site Plan Review SPR17a0005 Case Number: Applicant: Owners: SITE PLAN REVIEW A dm inis tr tive Review PL STAFF REPORT RETAINED IN TYLER, REMAINDER RETAINED IN PAPER LIQUOR FILE. ORIGINAL CASE FILE MAINTAINED BY PLANNINGa Site Plan Review SPR17-0005 Parcel Numbers: Outworid Property Investment, LLC (do 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) 1313-084-09-999 1313-084-09-001 1313-084-0g-002 1313-08-1-09-003 1313-08-1a09-004 1313-08-1-09-005 1313-08-1-09-006 1313-08-1-01-0O5 Sites Address: 1725 Vista View Drive, Longmont CO 80504 Legal Description: Lots 4 and 5, Block 1 of Vista Commercial Center PUD Piling 1; being part of the S2' of. Section 5 and the N2 of Section 8, T2N, P68W 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 SFR-342 for Tappist Hunks, LLC, dba Outworid Brewing. Outworld Brewing is moving into Units 2-4 of Vista Beacon Condominiums. Due to this new occupant, PR17-0005 will expand the • iU f. 1 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 andi 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 Included in Application YES Site Plan Certification Starn rater Drainage See No changes comments to approved from the drainage Weld County design Engineer YES Off-street Parking Per Sections 23-3-250.x,.2. and 234-i0 thru 23-440 YES A minimum of 55 spaces (4 ADA) spaces are required Loading Areas Per Sections and 23-4-50.A_ thru 23-4-50.E. YES One (1) loading area is required on Lot 4 Access Per Section 23-3-250.A.3. YES Setback Requirements Per Section 23-3-250.A.4.a. -- 25 ft. YES Offset Requirements Per Section 23-3-250.A.4.b. --10 ft, YES Landscaping Per Section 23-3-250.5, 26-2-5o,D, percentage of Show the landscaping and landscaping on the Section site 26-2-50A. and add map thru the YES Trash Collection and Storage Per Section 23-3-250A6. YES o. kaki'n attar 1 o4Mable VII ate I do r s--'v-�tirtia.i s. . (L +.i w ap) Per Section ction 'JN`�l:'�=250 (� f4luhl D Tap) YP.c .....: 1 SPR17-00 Outworid Brow ng Page 1 of I Site Plan Review Standards Comments Meets the Intent of the Weld County Code Sewage Disposal Per Section 23-3-250.k8. (St. Vrai n 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: r 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 18t 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 23-3-230.6.17.; 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 Ran 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 allotted 5.83 f_ total i i n r r__ £L a_ rti— _j. -•:al. £. Y: 1 J. brewpub ..4. spaces for a total of o shared spaces iO1 the six units, Per discussions witrl 11117 applicant, the brewpuu 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. Also located � ' z r ._ I functioning ! •I_ ttvlI I__!_I...t Jh} !_J&Ll !... £V� Also located on Lot a is a proposed functioning grain silo � L rheight, 1 U width) iii trill northeasterly portion of the site. The application materials have indicated that the proposed grain silo will double as a rnonumert 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 10 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 a l 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 etter dated 04/11/2017 have been met. (Department of Planning Services) E. The app icant 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), cr 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 SPRIT -0005. (Department of Planning Services) 2. The Site Plan Review Map shall be prepared in accordance with Sections 23-2-160,W and 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. A I the property owners an 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 hghts 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 bock 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 shat be measured from the edge of future right-of-way. This road is maintained by Weld County. (Department of Public Works) SPRI 17-0005 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 25-2-50.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 app icant 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 equtvalent and shall be graded to prevent drainage problems. (Department of Planning Services) o. 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, g. Section 26-2-50.C.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 25-2-50.0.3. 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. I. Section 26-2-50.0.4. 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, SPR17-0005 1 Outworld Brewing Page 4of7 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 pal ets is not en acceptable screening material. Plant material shall be used to soften the appearance of the screen. k. Section 26-2-60.0.1. 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 shalt include a landscape site plan per Section 26-2-50.B.3. of the Weid 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) C. 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. Al 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 beer, 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 sighs, on site must obtain the appropriate building permits. (Department of Planning Services) SPR17-0005 I Dutworld Brewing Page 5of7 8. Sources of light shall be shielded so that light rays will net 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 rot responsible for the maintenance of onsite drainage related features. frlannrfmcnt rf Plnrininn Rnnrir c c-Fnninpprl 16. This site is located in a Municipal Separate Storm Sewer System (MS4) Area which may trigger spee'fic 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, stared, 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 Vrair, Sanitation District, (Department of Public Health & Environment) SPR17-0005 I outworld Brewing Page 6cf7 24. The facility shall comp y 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 more than 1 acre is to be disturbed, a Weld County grading permit will be required prior to the start of construction. (Department of Planning Sen./ices - Engineer) 0. 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 (1 0) 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) J-� /uT / Y f / i !`tt r f. 4 j JJ�. ` i r f// f% J J' JJ J y f �` if . le Site Plan Review conditionally approved by: Michael Hall - Planner Date: 05/30/2017 SPRI l Outworid Brewing Page 7of7 Hello