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Home My WebLink About20191165RESOLUTION RE: APPROVAL OF RENEWAL APPLICATION FOR A BREW PUB (COUNTY) LIQUOR LICENSE FROM TAPPIST MUNKS, LLC, DBA OUTWORLD BREWING, AND AUTHORIZE CHAIR TO SIGN - EXPIRES APRIL 2, 2020 WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, Tappist Munks, LLC, dba Outworld Brewing, presented to the Board of County Commissioners of Weld County, Colorado, an application for the renewal of a Brew Pub (County) Liquor License, for the manufacture and sale of fermented malt liquors and fermented malt beverages, which may be furnished for consumption on the premises, sold to independent wholesalers for distribution to licensed retailers, sold to the public in sealed containers for off - premises consumption if manufactured and packaged on the licensed premises, sold at wholesale to licensed retailers in an amount up to three hundred thousand gallons per calendar year; and for the sale of vinous and spirituous liquors for on -premises consumption only if at least fifteen percent of the gross on -premises food and drink income of the business of the licensed premises is from the sale of food, subject to the rules and regulations found in Article 3, Title 44, C.R.S., and WHEREAS, pursuant to Exhibit 5-H of the Weld County Code, said applicant has paid the sum of $175.00 to the County of Weld for the renewal of the existing license, and WHEREAS, said applicant has exhibited a State Liquor License for the manufacture and sale of fermented malt liquors and fermented malt beverages, which may be furnished for consumption on the premises, sold to independent wholesalers for distribution to licensed retailers, sold to the public in sealed containers for off -premises consumption if manufactured and packaged on the licensed premises, sold at wholesale to licensed retailers in an amount up to three hundred thousand gallons per calendar year; and for the sale of vinous and spirituous liquors for on -premises consumption only if at least fifteen percent of the gross on -premises food and drink income of the business of the licensed premises is from the sale of food, outside the corporate limits of any town or city in the County of Weld at the location described as follows: 1725 Vista View Drive, Units B, C, and D Longmont, Colorado 80504 Gca SoCRS, cxc), Cc..c (3c), C� PPL cot -t/ (19 2019-1165 LC0053 RENEW BREW PUB (COUNTY) LIQUOR LICENSE - TAPPIST MUNKS, LLC, DBA OUTWORLD BREWING PAGE 2 WHEREAS, the Licensee shall host "responsible vendor" training every six (6) months as agreeable to the Colorado Department of Revenue Liquor Enforcement Division, and this training shall be open to other area licensees. Each employee shall be "responsible vendor" trained, and the Licensee shall provide documentary evidence that each employee has been "responsible vendor" trained to the Weld County Sheriff's Office within thirty (30) days of the first available "responsible vendor" class after hiring. Evidence of such shall be included in the referral report submitted by the Sheriff's Office at the time of annual renewal. NOW, THEREFORE, BE IT RESOLVED that the Board of County Commissioners of Weld County, Colorado, having examined said application and the other qualifications of the applicant, does hereby grant License Number 2019-06 to said applicant for the manufacture and sale of fermented malt liquors and fermented malt beverages, which may be furnished for consumption on the premises, sold to independent wholesalers for distribution to licensed retailers, sold to the public in sealed containers for off -premises consumption if manufactured and packaged on the licensed premises, sold at wholesale to licensed retailers in an amount up to three hundred thousand gallons per calendar year; and for the sale of vinous and spirituous liquors for on- premises consumption only if at least fifteen percent of the gross on -premises food and drink income of the business of the licensed premises is from the sale of food; and the Board does hereby authorize and direct the issuance of said license by the Chair of the Board of County Commissioners, attested to by the Clerk to the Board of Weld County, Colorado, which license shall be in effect until April 2, 2020, providing that said place where the licensee is authorized for the manufacture and sale of fermented malt liquors and fermented malt beverages, which may be furnished for consumption on the premises, sold to independent wholesalers for distribution to licensed retailers, sold to the public in sealed containers for off -premises consumption if manufactured and packaged on the licensed premises, sold at wholesale to licensed retailers in an amount up to three hundred thousand gallons per calendar year; and for the sale of vinous and spirituous liquors for on -premises consumption only if at least fifteen percent of the gross on - premises food and drink income of the business of the licensed premises is from the sale of food, shall be conducted in strict conformity to all of the laws of the State of Colorado and the rules and regulations relating thereto, per Article 3, Title 44, C.R.S., heretofore passed by the Board of County Commissioners of Weld County, Colorado, and any violations thereof shall be cause for revocation of the license. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said application and license. 2019-1165 LC0053 RENEW BREW PUB (COUNTY) LIQUOR LICENSE - TAPPIST MUNKS, LLC, DBA OUTWORLD BREWING PAGE 3 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 25th day of March, A.D., 2019. ATTEST: q;2e�� XGto•ii Weld County Clerk to the Board BY: eputy Clerk to the Board APPROVED AS TO FORM: s f County Attorney Date of signature: O?IblR-/I9 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO arbara Kirkmeyer, ,hair Mike Freeman, Pro -Tern P. Con a tt K. James teve Moreno 2019-1165 LC0053 THIS LICENSE EXPIRES APRIL 2, 2020 trarrarrWrarnMancrernarnernarn..C.M.C.rnJI J.../l J..11 J�1 J.JI JJ��1 �%../I �iJI JJl Jam` J_JI J.J�JI Jam` � n ft License Number 2019-06 STATE OF COLORADO License Fee $175.00 COUNTY OF WELD w • ETA [.QUO o = NSE BY AUTHORITY OF THE BOARD OF COUNTY COMMISSIONERS FOR A BREW PUB (COUNTY) LIQUOR LICENSE FOR THE MANUFACTURE AND SALE OF FERMENTED MALT LIQUORS AND FERMENTED MALT BEVERAGES, AND THE SALE OF VINOUS AND SPIRITUOUS LIQUORS This is to Certify, that Tappist Munks, LLC, dba Outworld Brewing, of the State of Colorado, having applied for a License for the manufacture and sale of malt liquors and fermented malt beverages on the licensed premises, which may be furnished for consumption on the premises, sold to independent wholesalers for distribution to licensed retailers, sold to the public in sealed containers for off -premises consumption if manufactured and packaged on the licensed premises, sold at wholesale to licensed retailers in an amount up to three hundred thousand gallons per calendar year; and for the sale of vinous and spirituous liquors for on -premises consumption only if at least fifteen percent of the gross on -premises food and drink income of the business of the licensed premises is from the sale of food, and having paid to the County Treasurer the sum of one Hundred Seventy -Five and [00/100] ($175.00) Dollars; therefore, the above applicant is hereby licensed to manufacture and sell malt liquors and fermented malt beverages for consumption on and off premises, and sell vinous and spirituous liquors containing more than 3.2% Alcohol by weight, by the drink for consumption on the premises, as a Brew Pub (County) Liquor License, at the address of 1725 Vista View Drive, Units B, C, and D, Colorado $0504, in the County of Weld, State of Colorado, for a period beginning on the 3rd day of April, 2019, and ending on the 2nd day of April, 2020, unless this License is revoked sooner as provided by law. This license is issued subject to the Laws of the State of Colorado and especially under the provisions of Articles 3, and 4, of Title 44, Colorado Revised Statues, as amended. IN TESTIMONY WHEREOF, the Board of County Commissioners has hereunto subscribed its name by its officers duly authorized this 25th day of March, 2019. ATTEST: &Put}- Clerk to the Board Vitt BY The Board of County Cos�nmissioners CL :hair, Board of County/Commissioners r,``< : ✓GJ�"CJ�CJ�GJ�GJ�CJ'J' G'J'-GJ'-GJ�GJ �� TO BE POSTED IN A CONSI • )'PLACE. NON -TRANSFERABLE. THIS LICENSE MUST BE POSTED IN PUBLIC VIEW DR 8402 (07/01/2012) STATE OF COLORADO DEPARTMENT OF REVENUE LIQUOR ENFORCEMENT DIVISION 1697 Cole Blvd, Suite 200 Golden, CO 80401 TAPPIST MUNKS LLC dba OUTWORLD BREWING 1725 VISTA VIEW DRIVE UNITS B,C,D LONGMONT CO 80504 ALCOHOL BEVERAGE LICENSE Liquor License Number 03-09689 License Expires at Midnight 04/02/2020 License Type BREW PUB (COUNTY) Authorized Beverages MALT, VINOUS AND SPIRITUOUS LIQUOR This license is issued subject to the laws of the State of Colorado and especially under the provisions of Title 44, Articles 4, 3, CRS 1973, as amended. This license is nontransferable and shall be conspicuously posted in the place above described. This license is only valid through the expiration date shown above. Any questions concerning this license should be addressed to: Colorado Liquor Enforcement Division, 1697 Cole Blvd, Suite 200 Golden, CO 80401. In testimony whereof, I have hereunto set my hand. 4/17/2019 CM Patrick Maroney, Division Director Heidi Humphreys, Interim Executive Director April 17, 2019 CLERK TO THE BOARD PHONE: (970) 400-4225 FAX: (970) 336-7233 1150 O STREET P. O. BOX 758 GREELEY, COLORADO 80632 ATTN: BRIAN FULLER TAPPIST MUNKS, LLC DBA OUTWORLD BREWING 1725 VISTA VIEW DRIVE, UNITS B, C, AND D LONGMONT, CO 80504 RE: PARTIAL ISSUANCE OF BREW PUB (COUNTY) LIQUOR LICENSES Dear Licensee: With the issuance of a Temporary Certificate of Occupancy for your brewery, and your approved renewal liquor license application and modification of premises, please see your enclosed liquor licenses, which permit you to manufacture fermented malt liquors and fermented malt beverages under your Brew Pub (County) Liquor License. However, your Temporary Certificate of Occupancy does not include your restaurant and bar area, and you have not been issued a full Retail Food Establishment License. As such, you are not permitted for the sale of malt, vinous, and spirituous liquors, or for consumption by the drink on the premises. Please post your liquor licenses in the brewery to display that you are permitted to brew fermented malt liquors and fermented malt beverages. Once you have been issued your complete Certificate of Occupancy and Retail Food Establishment License, please contact me to confirm the full release and usage of your Brew Pub (County) Liquor Licenses. If you have questions or need additional information, please do not hesitate to contact me at (970) 400-4213. Very truly yours, eReeec., Chloe A. Rempel Deputy Clerk to the Board crempel ci.weldgov.com cc: Weld County Attorney's Office Enclosures: Colorado Liquor Enforcement Division Liquor License, Weld County Liquor License, a copy of Weld County Resolutions #2019-1165 and #2019-1356, Colorado Modification of Premises Permit a" C a Nr. �o�N_Y CERTIFICATE OF DELIVERY DATE: April 17, 2019 FROM: Chloe A. Rempel, Deputy Clerk to the Board SUBJECT: Tappist Munks, LLC, dba Outworld Brewing I hereby certify that I have sent the below documents in accordance with the requirements of Weld County and the Colorado Department of Revenue, Liquor Enforcement Division, on this 17th day of April, 2019. One copy of the signed Weld County Resolution approving renewal application for a Brew Pub (County) Liquor License from Tappist Munks, LLC, dba Outworld Brewing One original Weld County Liquor License One copy of Colorado Liquor License One letter of allowable actions One copy of the signed Weld County Resolution approving permit application and report of changes to change, alter, or modify liquor licensed premises One copy of the Colorado Modification of Premises Permit U.S. Posta servicelM CERTIFIED MAIL° RECEIPT Domestic Mail Only For delivery information, visit our website at www.usps.come. rim Certified Mail Fee $ Extra Services & Fees (check box, add fee as appropriate) ❑ Return Receipt (hardcopy) $ ❑ Return Receipt (electronic) ❑ Certified Mail Restricted Delivery O Adult Signature Required • Adult Signature Restricted Delivery $ Postage Total Postage and Fees Lntmi-rp (75 ie.In c) Iler 00i -world __ Y1un_ts�� LL C clb Street a d Apt. No., or O Box No. 4-��--- Vtt t c%SUew-' O : _l Usi _ t _ _ _s a _k_ _ D _ City, State, ZIP+4® Postmark Here i(t7/19 PS Form 38')0, April 2015 PSN 7530-02-000-9047 See Reverse for Instructions Weld County • Clerk to the Board's Office • 1150 O Street, Greeley i SENDER: COMPLETE THIS SECTION a)) Co a) - -43 � . Date of Delivery Cu • O E 0) c -D a) O (0 15 > co a) 3 (ti a' c) ,D W u)4— a) N 0 0 � rs o Eg Li; .E a c c L&4 6 0 0 0 'L a) a) a) .c a.ccCCcc2(nCO ❑❑❑ ❑ ❑❑ a) Q) aL- I—— co a) 0 CC je mr— 0 a) i U) cc > > .O .0) C C -p O O 0 +-' +' 8 ' C0 DC (1) a) o o ci❑❑X❑❑❑[ . a) 115 E 0 ■ a) 4-0 O (n Cn C)) 0 cif -D a) Co C al O a E 4- Co a) 0 0 Co Q ■ E a a) a 4- O 4_ 0 O .. C 4- 3 50. °SOO in -10 O � C -v 00 3 L re o e) Qo d *sr g � a. d - �= .9 Cabo re -0.(:3J 9590 9402 1714 6053 4724 75 Article Number ffransfer from service label) N Ir c0 m N O a O a a N 0 r--9 N 1 Domestic Return Receipt c*) rn 0 0 0 0 ti u7 O a) T co its CO DR 8400 (12/21/18) COLORADO DEPARTMENT OF REVENUE Liquor Enforcement Division Submit to Local Licensing Authority RECEIVED MAR 01 tU WELD COUNTY nr)WA!SSIONERS Fees Due Renewal Fee 750.00 Storage Permit $100 X $ 0.00 Additional Optional Premise Hotel & Restaurant $100 X $ 0.00 Related Facility - Campus Liquor Complex $160.00 per facility $ 0.00 Amount Due/Paid $ 750.00 Make check payable to: Colorado Department of Revenue. The State may convert your check to a one- time electronic banking transaction. Your bank account may be debited as early as the same day received by the State. If converted, your check will not be returned. If your check is rejected due to insufficient or uncollected funds, the Department may collect the payment amount directly from your banking account electronically. Retail Liquor or Fermented Malt Beverage License Renewal Application Please verify & update all information below Return Licensee Name TAPPIST MUNKS, LLC Doing Business As Name (DBA) OUTWORLD BREWING Liquor License # 4709689 License Type BREW PUB -COUNTY Sales Tax License # 30723564-003 Expiration Date 04/02/2019 Due Date 45 DAYS PRIOR Business Address 1725 Vista View Drive- Unit B, Longmont, Colorado 80504 Phone Number (301) 529-7222 Mailing Address 1725 Vista View Drive- Unit B, Longmont, Colorado 80504 Email bgfuller.outworld@gmail.com Operating Manager Brian G. Fuller Date of Birth Home Address 8215 Cattail Drive, Niwot, Colorado 80503 Phone Number (301) 529-7222 1. Do you have legal possession of the premises at the Are the premises owned or rented? ❑ Owned X street address above? Rented* *If rented, e expiration Yes ❑ No date of lease 05/30/2046 2. Since the date of filing of the last application, has there been any change in financial organizational structure (addition or deletion of officers, directors, managing members and attach a listing of all liquor businesses in which these new lenders, owners directors, managing members, or general partners are materially interested. (other M interest (new notes, loans, owners, etc.) or or general partners)? If yes, explain in detail than licensed financial institutions), officers, Yes ❑ No 3. Since the date of filing of the last application, has the applicant or any of its agents, owners, managers, partners than licensed financial institutions) been convicted of a crime? If yes, attach a detailed explanation. ❑ Yes or k2 lenders (other No 4. Since the date of filing of than licensed financial institutions) revoked, or had interest in explanation. ❑ Yes the any a last application, has the applicant or any of its agents, owners, managers, partners or lenders (other been denied an alcohol beverage license, had an alcohol beverage license suspended or entity that had an alcohol beverage license denied, suspended or revoked? If yes, attach a detailed No 5. Does the applicant or any of its agents, owners, managers, partners direct or indirect interest in any other Colorado liquor license, licensee? If yes, attach a detailed explanation. ❑ Yes including e or lenders (other than licensed financial institutions) have a loans to or from any licensee or interest in a loan to any No Affirmation & Consent I declare under penalty of perjury in the second degree that this application and all attachments are true, correct and complete to the best of my knowledge. Type or Print Name of A licant/Autho ized Age;'l/` n�f B s f -� Hess Title `L `� a Signature Date -.21)-k �� / �� o Report & Approval of City or o my Licensing Authority �� `� The foregoing application has ben amined and the premises, business co cte d c we do hereby report that such license, if granted, will comply with the provisio J f";' Therefore this application is approved. pplicant are satisfactory, and C.R.S., and Liquor Rules. Local Licensing Authority For Weld County, Colorado ''1. Date 3/25/2019 Sig ture A /C% Title Barbara Kirkme County Commissioners Attestgsther E. Gesii C erk to the Boari tF� k RETAIL LIQUOR OR FERMENTED MALT BEVERAGE LICENSE RENEWAL APPLICATION Tappist Munks, LLC Liquor License # 4709689 SUPPLEMENTAL ANSWER TO QUESTION TWO Since the date of filing of the last application, has there been any change in financial interest (new notes, loans, owners, etc.) or organizational structure (addition or deletion of officers, directors, managing members or general partners)? If yes, explain in detail and attach a listing of all liquor businesses in which these new lenders, owners (other than licensed financial institutions), officers, directors, managing members, or general partners are materially interested. Yes. 1) Tappist Munks, LLC has refinanced its original loan for the brewhouse equipment with Chase Bank; total indebtedness is unchanged. 2) Tappist Munks, LLC has signed Demand Promissory Notes to repay the R&A Parks Trust, of which trust Brian G. Fuller's wife is the beneficiary. The R&A Parks Trust does not have an ownership interest in Tappist Munks, LLC The R&A Parks Trust does not have voting rights in Tappist Munks, LLC The R&A Parks Trust does not have any interests in other liquor businesses. Chloe Rempel From: Sent: To: Subject: Bruce Barker Friday, March 1, 2019 4:45 PM Chloe Rempel Re: Action Needed: Acceptance of a Late Renewal Liquor License Application Yes. Sent from my iPhone On Mar 1, 2019, at 3:53 PM, Chloe Rempel <crempel@weldgov.com>wrote: Bruce, Are you okay with me moving forward with this application? Thank you, Chloe A. Rempel Deputy Clerk to the Board Weld County 1150 0 Street Greeley, CO 80631 tel: 970-400-4213 <image001.jpg> 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: Barbara Kirkmeyer Sent: Thursday, February 28, 2019 1:29 PM To: Chloe Rempel <crempel@weldgov.com> Cc: Bruce Barker <bbarker@weldgov.com> Subject: Re: Action Needed: Acceptance of a Late Renewal Liquor License Application Ok with me Sent from my iPhone On Feb 28, 2019, at 12:39 PM, Chloe Rempel <crempel@weldgov.com>wrote: Good morning, Tappist Munks, LLC, dba Outworld Brewing, has submitted a late renewal application for a Brew Pub (County) Liquor License. Application for renewal of an 1 existing license shall be made to the local licensing authority not less than forty- five days and to the State licensing authority not less than thirty days prior to the date of expiration, pursuant to C.R.S. 44-3-302(1). The license expires April 2, 2019, at midnight, which is outside of the 45 -day time limit. With both of your approval, I can waive the time restriction and process the renewal application. Thank you, Chloe A. Rempel Deputy Clerk to the Board Weld County 1150 O Street Greeley, CO 80631 tel.: 970-400-4213 <image001.jpg> 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 Chloe Rempel From: Sent: To: Subject: Brenda Fuller <bpf1071@gmail.com> Tuesday, February 26, 2019 3:36 PM Chloe Rempel TCO Outworld 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. S TEMPORARY CERTIFICATE OF OCCUPANCY WELD COUNTY, COLORADO DEPARTMENT OF BUILDING INSPECTION ISSUED TO: OUTWORLD PROPERTY INVESTMENT LLC THIS CERTIFICATE IS ISSUED PURSUANT TO THE REQUIREMENTS OF SECTION 29-3-280 Of THE WELD COUNTY CODE. IT CERTIFIES THAT AT THE TIME OF ISSUANCE NO MAJOR CODE VIOLATIONS WERE OBSERVED AT THE Flt4A1 INSPECTION; AND MINOR ITEMS ARE TO BE CORRECTED BY THE CONTRACTOR. THIS BUILDING APPEARS TO COMIORM WITH TH'E WELD COUNTY CODE REGULATING BUILDING CONSTRUCTION AND USE, ITEMS TO BE CORRECTED ARE AS FOLLOWS: 1, ICI EXPIRES 04/10/2019 . L_PikiDAKISSAELETION OF ALL FINAL Iti5PECT1QNS 3. OCCUPANCY LQAD stioutpNOT EXCEED 50 °CO PANTS DURING TCO DESCRIPTION OF BUILDING OR PORTION OF BUILDING: PH t INC11PES ?4T SiDiTartuti, PURIlr !EcIRt7ClNit, 837 SF KITCHEN, 735 SF TAP ROOM BAR; C> P+ING AREA DISHR h4, 455 SF RREWHOUSE COLD STORAGE, AND CHANGING ROQ _ USE CLASSIFICATION: A- aq, yam. T,u- a- wain was BUILDING PERMIT NO: BCR1WW-01525 TYPE OF CONSTRUCTION: I1B LEGAL DESCRIPTION_ SECTION _ , TowNSKIP 01 N, RANGE A_ WEST OF THE 6" P.M. WELD COUNTY, COLORADO SUBDIVISION: - RTG#1 BUILDING ADDRESS: 1725 VISTA YI.EW_DR____ ZONING DISTRICT: PL1Qtt-1! _ JOSE GONZALEZ/ WELD COUNTY. UII, 1tC�OFFIC IAL LOT: BLOCK: _ L POST IN A CONSPICUOUS PLACE O2/26/2O19 DATE --Brenda Sent from my iPhone. Please pardon typos. 1 Chloe Rempel From: Sent: To: Subject: Brenda Fuller <bpf1071@gmail.com> Tuesday, February 26, 2019 3:39 PM Chloe Rempel Building Approval 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. g i SI Z 4 E vo 2u O *i.43 w Z t • W ( MT APPROVA% rt ea 3 y a µ, t ' 441 cs t 6 W a. i mit A.r rtdin '"14 1/44 641, IMearl s� i p1 .itteadoiS f 8 I 40<, '' rl go I St t A if ; I ilg V sit s S" I Ai 1 y --Brenda Sent from my iPhone. Please pardon typos. 1 OFFICE OF THE SECRETARY OF STATE OF THE STATE OF COLORADO CERTIFICATE OF FACT OF GOOD STANDING I, Jena Griswold, as the Secretary of State of the State of Colorado, hereby certify that, according to the records of this office, Tappist Munks, LLC is a Limited Liability Company formed or registered on 03/23/2015 under the law of Colorado, has complied with all applicable requirements of this office, and is in good standing with this office. This entity has been assigned entity identification number 20151199440 . This certificate reflects facts established or disclosed by documents delivered to this office on paper through 02/28/2019 that have been posted, and by documents delivered to this office electronically through 03/04/2019 @ 11:57:10 . I have affixed hereto the Great Seal of the State of Colorado and duly generated, executed, and issued this official certificate at Denver, Colorado on 03/04/2019 @ 11:57:10 in accordance with applicable law. This certificate is assigned Confirmation Number 11428118 . Secretary of State of the State of Colorado *********************************************End of Certificate******************************************* Notice: A certificate issued electronically from the Colorado Secretary of State's Web site is fully and immediately valid and effective. However, as an option, the issuance and validity of a certificate obtained electronically may be established by visiting the Validate a Certificate page of the Secretary of State's Web site, http://www.sos.state.co.us/biz/CertificateSearchCriteria.do entering the certificate's confirmation number displayed on the certificate, and following the instructions displayed. Confrmin.¢ the issuance of a certificate is merely optional and is not necessary to the valid and effective issuance of a certificate. For more information, visit our Web site, http:// www.sos.state.co.us/ click "Businesses, trademarks, trade names" and select "Frequently Asked Questions." COMMERCIAL LEASE This Lease Agreement ("Lease") is entered into on this / day of May, 2016 by and between Outworld Property Investment, LLC ("Landlord") and Tappist Munks, LLC ("Tenant") WHEREAS, the Landlord is the owner of three condominium units ("the Building") and improvements whose address is: 1725 Vista View Drive, Suites B, C, and D, Longmont, Colorado 80504 ("Leased Premises"); and, WHEREAS, Landlord desires to lease to Tenant the Leased Premises to operate a brewpub, and Tenant desires to lease the Leased Premises from Landlord for the term, at the rental and upon the provisions set forth herein. NOW THEREFORE, in consideration of the mutual promises contained herein, and for such other good and valuable consideration, the receipt and sufficiency of which is acknowledged, the parties agree as follows: 1. Leased Premises and Use. Tenant shall lease the Leased Premises to operate a brewpub. 2. Term. (a) The initial term of the Lease is seven (7) years, beginning at 12:00 a.m. midnight on the day of 31 of May, 2016 and ending at 11:59 pm on May 30, 2023. (b) Landlord shall use its best efforts to put Tenant in possession of the Leased Premises on the beginning of the Lease term. If Landlord is unable to timely provide the Leased Premises, rent shall abate for the period of delay. Tenant shall make no other claim against Landlord for any such delay. (c) This Lease shall automatically renew for like terms of one (1) year each (the "Renewal Term") unless either party elects not to renew by providing written notice to the other party not less than ninety (90) days prior to the expiration of the then current Term. Each Renewal Term shall be at the rental set forth below and otherwise upon the same covenants, conditions and provisions as contained in this Lease. (d) Either party may terminate this Lease at any time after the first full year of operation upon three hundred and sixty-five (365) days prior written notice to the other. 3. Rent. (a) Tenant shall pay to Landlord during the initial term rent of USD $ 4,900.00 per per month. ("Rent"). Notwithstanding the foregoing, during the pendency of renovation, Tenant shall pay rent equal to USD $0.00 (Zero) Dollars. (b) Each installment payment shall be due in advance on the first day of each calendar month during the lease term to Landlord at the following address: 1725 The Accused was this day: [ [ ] PROSECUTIM3AT!ORNEYmum' (HAW H -I &Gs 1 [ 1 DEFENDANT'S ATTORNEY PRESENT °MEM [ 1 NO ATTORNEY [ ] ATTORNEY WANED [ ] If convicted, no jail sentence will be imposed [ 1 Translabe/htterpreter present: NAME Plea of Accused: H l not guilty [ ] wit esse swore [ ] s~ tricted Driver's Lioesee potigs �I ) Restricted [ ] Plea and Recoeammmsio [ ] Ignition Interlock for And was TRIED and FOUND by mea It 2 v.: a [ ] RESTTIA of S payer 4 d b [ ] not guilty [ ] guilty u Yom+ r,. r �s ! lDedsl�ral►rCro. .rile ieserst *wean from r- [ lu coeditics of rmpsaded malarc' . bans of commseltli .write b be perfoemed 1 impose the following Seabene Sroa (.1'10 [ 1 Cava. PlrutltSS -with suspended [4.-Resentance of 0 MAC imposed conditioned upon beiag of j e lerindaseplei the Pesos. end 14.3 paying Ikea sad oats. b ¢'53.1-I17. aedrt is praised for pee iS detention [ I Serve jail salaambetWesbg [ ] on weebeds only [ ] Workndesse H ] a st4seiieditsYedble [ l [ ] Wartrel sse escareMoriai [ ] oo PROBATION for [ ] VASM [ ] local aemamih'-bead probation 'S LICENSE [ ] facts/disposition sufficient blind accused but defer sdpultestrks P� ¢¢ /ditpodtioa and plea 4.1-305.18.2-57.3,18.2-251 or 19.2-303.2. Costs imposed upon defendant And was FOUND by nee to be: [ ] driving s commercial motor vehicle [ ] tarrying hazsrdoue materials [ ] l ORDER a none peosequi on prosecution's motion [ ] I ORDER the charge dismissed [ 1 conditioned upon payment of costs (accord and satisfaction). ¢ 19.2-151 [ ] conditioned upon payment of costs and suvoesslirl completion of traffic school ¢ 16.1-69.48:1 [ ] under j¢ 4.1-305. 18.2-57.3.18.2.251 or 19.2-383.2 [] for -- Pa [ ] to be credited sgsit sI Ana sad coats [ ] Cwt prohibited between defendant and victim/ victim's funk or iouq Mid ursobcis 4 FINE COSTS 112 m 14Y [ l Itiranded its 3, J 41,1054 DRIVEIt'S TO MIRO VIRGINIA HISS INDFD Y8 W T10MHIM PAID. ( (4. 0 pa > , *a 1°W TOTAL s Ya CoM; t 2.3os _._ .... ,t . " Jo 147 DOAF 113 WITNU5 FEE 113 SEIM= FEE 113 DRUG ANALYSIS FEE - 113 IGNITION INTERLOCK 113 — — 124 CT. APPT. ATTY 121 T.I.A. FEE 125 WEIGHING FEE 32 CICF - BLOOD TEST FEE 137 TTP 229 CHMF 234 JAF PEE ( - 12,4 CHSF 245 NON-CONSEC. JAI OMR (SPECIFY) DourSign Envelope ID 31F30DC4-6ED8-488D-82C2-473DD9779FC8 Docusipn Envelope ID: 7E3DFB10-0FF0-4249-BA17-4C5A82FA9512 t 2 3 4 5 OTHER COUNSEL BEFORE SIGNING. 6 7 LIV Sotheby's Phone: (303) 443-6161 Fax: (303) 443-8822 1050 Walnut St Ste 100 Boulder, CO 80302 INTERNATIONAL REALTY The printed portions of this form, except differentiated additions, have been approved by the Colorado Real Estate Commission- 1 (CBS4-6-15) (Mandatory 1.16) TInS FORM HAS IMPORTANT LEGAL CONSEQUENCES AND THE PARTHiS SHOULD CONSULT LEGAL AND TAX OR 8 9 10 11 12 13 CONTRACT TO BUY AND SELL REAL ESTATE (LAND) (® Property with No Residences) (0 Property with Residences —Residential Addendum Attached) AGREEMENT Date: October 28, 2026 14 1. AGREEMENT. Buyer agrees to buy and Seller agrees to sell, the Property described below on the terms and conditions set 15 forth in this contract (Contract). 16 2. PARTIES AND PROPERTY. 17 2.1. Buyer. Buyer, Outworld Property Investment, 18 will take title to the Property described below as 0 Joint Tenants 0 Tenants In Common ® Other In Severalty. 19 2.2. No Assignability. This Contract Is Not assignable by Buyer unless otherwise specified in Additional Provisions, 20 21 2.3. Seller. Seller, Longmont Vista View Real Estate, Inc, is 22 the current owner of the Property described below. 23 2.4. Property. The Property is the following legally described real estate in the County of Weld, Colorado: 24 VCC Li B1k 1 Vista Commercial Center 25 26 27 28 1649 Vista View Drive (Lot 5) Longmont 29 known as No. Street Address City 30 31 together with the interests, casements, rights, benefits, improvements and attached fixtures appurtenant thereto, and all interest of 32 Seller in vacated streets and alleys adjacent thereto, except as herein excluded (Property). CO 80504 State Zip 33 34 25. 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 rr/A 38 39 40 41 42 If any additional items are attached to the Property after the date of this Contract, such additional items arc also included in the 43 Purchase Price. 44 2.5.2. Personal Property • Conveyance. Any personal property must be convoyed at Closing by Seller free and 45 clear of all taxes (except personal property taxes for the year of Closing), liens and encumbrances, except N/A. 46 Conveyance of all personal property will be by bill of sale or other applicable legal instrument. 47 48 2.6. Excludous. The following items ate excluded (Exclusions): 0884.6-15. CONTRACT TO BUY AND SELL REAL ESTATE (LAND) lWlEt201611:09 Buyer info., o - Seller 1111114 Page l of III DocuS+gn Envelope ID: 31F30DC4-6ED8-488D-82C2-473DD9779FC8 0ocuSIgn Envelope i0: 7E3DF810-0FF0-4249.8A17-4C5A82FAB512 49 N/A 50 Si 52 53 54 2.7. Water Rights, Well Rights, Water and Sewer Taps. 55 O 2.7.1. Deeded Water Rights. The following legally described water rights: 56 N/A 57 58 Any deeded water rights will be conveyed by a good and sufficient N/A deed at Closing. 59 O 2.7.2. Other Rights Relating to Water. The following rights relating to water not included in §§2.7.1, 2.73, 60 2.7.4 and 2.7.5, will be transferred to Buyer at Closing: 61 N/A 62 63 O 2.73. Well Rights. Seller agrees to supply required information to Buyer about the well. Buyer understands that 64 if the well to be transferred is a "Small Csparity Well" or a "Domestic Exempt Water Well", used for ordinary household 65 purposes, Buyer must, prior to or at Closing, complete a Change in Ownership form for the well. If an existing well has 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 cost of registration. If no 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 2.7.4. Water Stock Certificates. The water stock certificates to be transferred at Closing are as follows: 71 N/A 72 73 2.7.5. Water and Sewer Taps. The parties agree that water and sewer taps listed below for the Property are being 74 conveyed as part of the Purchase Price as follows: 75 Water and Sewer Taps are available but not included in the sale. 76 77 73 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 amount remaining to be paid, if any, time and other restrktions for transfer and use of the taps. 82 2.7.6. Conveyance. If Buyer is to receive any rights to water pursuant to § 2.7.2 (Other Rights Relating to Water), 63 § 2.7.3 (Well Rights), or § 2.7.4 (Water Stock Certificates). Seller agrees to convey such rights to Buyer by executing the 84 applicable legal instrument at Closing. 85 2.8. Growing Crops. With respect to growing crops, Seller and Buyer agree as follows: 86 N/A 87 88 3. DATES AND DEADLINES. Item No. Reference Event Date or Deadline I § 4.3 Alternative Earnest Money Deadline 72 hours from mutually accepted contract Title 2 § 8.1 Record Title Deadline November 7, 2016 3 § 8.2 Record Title Objection Deadline November 11, 2016 4 § 8.3 Off -Record Title Deadline November 7, 2016 S 5 83 Off-Rccotd Title Objection Deadline November 11, 2016 CB54.6-15. CONTRACT TO BUY AP4D SELL REAL ESTATE (LAND) 10/22f2016 11:09 Boyer iettiaiE= Seller ideliats rage 2 of la DocuSign Envelope ID 31F30DC4-6ED8-488D-82C2-473DD9779FC8 DecuShjn Emsbpe lD:7EIDFBtD-OFF0d249-8A17-IC5A82FAB512 6 § 8.4 Title Resolution Deadline November 15, 2016 7 § 8.6 Right of First Refusal Deadline N/A Owners' Association November 7, 2016 8 § 73 Association Documents Deadline 9 § 7.4 Association Documents Objection Deadline November II, 2016 Seller's Property Disclosure 10 § 10.1 Seller's Property Disclosure Deadline November 7 2016 Loan and Credit November 7, 2016 11 § 5.1 Loan Application Deadline 12 § 52 Loan Objection Deadline December 19, 2016 13 § 5.3 Buyer's Credit Information Deadline N/A 14 § 5.3 Disapproval of Buyer's Credit Information Deadline N/A 15 § 5.4 Existing Loan Documents Deadline N/A 16 § 5.4 Existing Loan Documents Objection Deadline N/A 17 § 5.4 Loan Transfer Approval Deadline N/A 18 § 4.7 Seller or Private Financing Deadline N/A Appraisal 19 §62 Appraisal Deadline December 15, 2016 20 § 6.2 Appraisal Objection Deadline December 16, 2016 21 § 62 Resolution Deadline December 19, 2016 Survey December 14, 2016 22 § 9.1 New ILC or New Survey Deadline. 23 § 9.3 New ILC or New Survey Objection Deadline December 16, 2016 24 § 9.4 New ILC or New Survey Resolution Deadline December .19, 2016 Inspection and Due Diligence December 26, 2016 25 § 103 losporlion Objection Deadline 26 § 10.3 Inspection Resolution Deadline December 29, 2016 27 § 10.5 Property Insurance Objection Deadline December 16, 2016 28 § 10.6 Due Diligence Documents Delivery Deadline December 23, 2016 29 § 10.6 Due Diligence Documents Objection Deadline December 27, 2016 30 § 10.6 Due Diligence Documents Resolution Deadline December 29, 2016 31 § 10.6 Environmental Inspection Objection Deadline December 26, 2016 32 § 10.6 ADA Evaluation Objection Deadline N/A 33 § 10.7 Conditional Sale Deadline N/A 34 § 11.1 Tenant Estoppel Statements Deadline N/A 35 § 11.2 Thant EatoZlei Statements Objection Deadline N/A Closing and Possession 36 § 113 CloningDate January 12, 2017 37 § 17 Possession Date January 12, 2017 38 § 17 Possession Mine delivery of d os 39 § 28 Acceptance, Deadline Date Ni8 40 § 28 Acceptance Deadline Time 5;00 PM WIT N/A N/A N/A • ,_I�y N/A N/A 89 3.L Applicability of Terms. Any box checked in this Contract means the coacaponding provision applies. Any box, 90 blank or line in this Contract left blank or completed with the abbreviation "N/A", or the word "Deleted" means such provision, 91 including any deadline, is not applicable and the corresponding prevision of this Contract to which reference is made is deleted. 92 no box 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 parties 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 Buyer as follows: CSS4.6.15. CONTRAC.T TO BUY AND SELL REAL ESTATE (LAND) 1(528!2016 11:09 Pale 3 of 1a Bayer (Mika Seller initials 1 DocuSign Envelope ID: 31 F30DC4-6ED8-488D-82C2-473DD9779FC8 PoenSinn Envelope ID: 7E30FB1D-OFFO-4249-BA17-4CSAtt2FAg512 Item No. Reference Item Amount Amount I § 4.1 Purchase Price S 315, 000.00 10 000.00 252, 000.00 2 § 43 Earnest Money $ 3 § 4.5 New Loan S 4 § 4.6 Assumption Balance S N/A 5 § 4.7 Private Financing + S N/A 6 § 4.7 Seller Financing - S N/A 7 N/A N/A N/A 8 N/A N/A N/A 9 § 4.4 Cash at Closing -, $ S 3I5, 000.04 $ 53, 000.00 315, 000.00 10 TOTAL 97 42. 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, cost, 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 Concession include, but are not limited to: Buyer's closing coats, loan discount points, loan origination fees, prepaid items 101 and any other fee, cost, charge, expense or expenditure. Seller Concession is in addition to any sum Seller has agreed to pay or 102 credit Buyer elsewhere in this Contract. 103 4.3. Earnest Money. The Earnest Money set forth in this section, in the form of a wire transfer, will be 104 payable to and held by weight tiingdom Real Estate (Earnest Money Holder), in its trust account, on behalf of 105 both Seller and Buyer. The Earnest Money deposit swathe tendered, by Buyer, with this Contract unless the parties mutually 106 agree to an Alternative Earnest Money Deadline for its payment. The parties authorize delivery of the Earnest Money deposit to 107 the company conducting the Closing (Closing Company), if any, at or before Closing. In the event Earnest Money Holder has 108 agreed to have interest on Earnest Money deposits transferred to a fund established for the purpose of providing affordable housing 109 to Colorado residents, 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 far delivering the Earnest Money, if other than at the 112 time of tender of this Contract, is as set forth as the Alternative Earnest Money Deadline. 113 43.2. Return of Earnest Money. If Buyer has a Right to Terminate and timely terminates, Buyer is entitled to 114 the return of Earnest Money as provided in this Contract. If this Contract is terminated as set forth in § 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 mutual instructions (e.g., Earnest Money Release form), within three 117 days of Seller's receipt of such form, 118 4A. Forst of fistula; Time of Payment; Available Funds. 119 4.4.1. Good Funds. All amounts payable by the parties at Closing, including any loan proceeds, Cash at Closing 120 and closing costs, must be in funds that comply with all applicable Colorado laws, including electronic transfer funds, certified 121 cheek, savings and loan teller's chock and cashier's check (Good Fonds), 122 4.4.2. Time of Payment; Available Funds. All funds, including the Purchase Price to be paid by Buyer, must be 123 paid before or at Closing or as otherwise agreed in writing between the parties to allow disbursement by Closing Company at 124 Closing OR SUCH NONPAYING PARTY WILL BE IN DEFAULT. Buyer represents that Buyer, as of the date of this 125 Contract, © Does O Does Not have funds that are immediately verifiable and available In an amount not less than the amount 126 stated as Cash at Closing in § 4.1. 127 4.5. New Loan. 128 45.1. Buyer to Pay Loan Costs. Buyer, except as provided in § 4.2, if applicable, must timely pay Buyer's loan 129 costs, loan discount points, prepaid items and loan origination fees, as required by lender. 130 45.2. Buyer May Select Financing. Buyer may pay in cash or select financing appropriate and acceptable to 131 Buyer, including a different loan than initially sought, except as restricted in § 4.5.3 or § 30 (Additional Provisions). 132 45.3. Loan Limitations. Buyer may purchase the Property using any of the following types of loans: 133 © Conventional O Other N/A. 134 44. Assumption. OMITTED AS INAPPLICABLE. 147 4.7. Seller or Private Financing. OMITTED 143 INAPPLICABLE. 164 TRANSACTION PROVISIONS CSS4.6-r5.COIVTYACFTOBOY AND SELL RFALMATE (LA!ID) 10/2812016 I1:09 f\ Pete 4orto Buyer tat Pre Seller fatties 1 DocuSign Envelope ID 31F30DC4-6ED8-488D-82C2-473DD9779FC8 DecoSion Envelope ID: 7E3OFBID-OFF64249-8A17-4C5Aa2FA8512 165 S. FINANCING CONDITIONS AND OBLIGATIONS. 166 5.1. Loan Application. If Buyer is to pay all or part of the Purchase Price by obtaining one or more new loans (New 167 Loan), or if an existing loan is not to be released at Closing, Buyer, if required by such lender, must make en application verifiable 168 by such lender, on or before Loan Application Deadline and exercise reasonable efforts to obtain such loan or approvaL ,169 5.2. Loan Objection. If Buyer is to pay all or part of the Purchase Price with a New Loan, this Contract 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 such New Loan. This condition is for the sole benefit of Buyer. 172 Buyer has the Right to Terminate under § 25.1, on or before Loan Objection Deadline, if the New Loan is not satisfactory to 173 Buyer, in Buyer's sole subjective discretion. IF SELLER IS NOT IN DEFAULT 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, Survey). 176 53. Credit Information. If an existing loan is not to be released at Closing, this Contract is conditional (for the sole 177 benefit of Seller) upon Seller's approval of Buyer's financial ability and creditworthiness, which approval will be at Seller's sole 178 subjective discretion. Accordingly: (1) Buyer must supply to Seller by Buyer's Credit Information Deadline, at Buyer's 179 expense, 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 creditworthiness: 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 tnnaaction. If t e Cash at Closing is less than as set forth in § 4.1 of this Contract, Seller has the Right to Terminate under 183 § 25.1, on or before Closing. If Seller disapproves of Buyer's financial ability or creditworthiness, in Seller's sole subjective 184 discretion, Seller has the Right to Terminate under § 25.1, on or before Disapproval of Buyer's Credit Information Deadline, 185 5.4. Existing Loan Review. If an existing loan is not to be released at Closing, Seller must deliver copies of the loan 186 documents (including note, deed of trust, and any modifications) to Buyer by Existing Loan Documents Deadline. Far the sole 187 benefit of Buyer, this Contract is conditional upon Buyer's review and approval of the provisions of such loan documents. Buyer 188 has the Right to Tonnirrate under § 25.1, on or before Existing Loan Documents Objection Deadline, based on any 189 nrrsttsfactory provision of such loan documents, in Buyer's sole subjective discretion. If the lender's approval of a transfer of the 190 Property is required. this Contract is conditional upon Buyer's obtaining such approval without change in the teens of such loan, 191 except as set forth in § 4.6. If lender's approval is not obtained by Loan Transfer Approval Deadline, this Contract will 192 terminate on such deadline. Seller has the Right to Terminate under § 25.1, on or before Closing, in Seller's sole subjective 193 discretion, if Seiler is to be released from liability under such existing loan and Buyer does not obtain such compliance as set forth 194 in§4.6. 195 6. APPRAISAL PROVISIONS. 196 6,1. Appraisal Definition. An "Appraisal" is an opinion of value prepared by a licensed 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, replacements, removals or repairs necessary on or to the Property as a condition for the Property 199 to be valued at the Appraised Value. 200 6.2. Appraisal Co' actinism The applicable appraisal provision set forth below applies to the respective loan type set forth 201 in § 4.53, or if a cash transaction (i.e. no financing), § 6.2.1 applies. 202 62.1. Conventional/Otien Buyer has the right to obtain an Appraisal. lithe 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 or before Appraisal 204 Objection Deadline, notwithstanding § 8.3 or § 13: 205 6.2.1.1. Notice to 1?rm6sate. Notify Seller in writing that this Contract is terminated; or 206 62.1.2. Appraisal Objection. Deliver to Seller a written objection accompanied by either a copy of the 207 Appraisal or written notice from lender that confines the Appraisal value is leas than the Purchase Price. 208 6.2.13. Appraisal Resolution. Ilan Appraisal Objection is received by Seller, on or before Appraisal 209 Olyection Deadline, and if Buyer and Seller have not agreed in writing to a settlement thereof on or before Appraisal Resolution 210 Deadline (§ 3), this Contract will terminate on the Appraisal Resolution Deadline, unless Seller receives Buyer's written 211 withdrawal of the Appraisal Objection before such termination, i.e., on or before expiration of Appraisal Resolution Deadline. 212 213 6.3. Lender Property Requirements. If the lender imposes any requirements, replacements, removals or repairs, 214 including any specified in the Appraisal (Lender Requirements) to be made to the Property (e.g., roof repair, repainting), beyond 215 those trotters already agreed to by Seller in this Contract, Seller has the Right to Terminate under § 25.1, (notwithstanding § 10 of 216 this Contract), on or before three days following Seller's receipt of the Leader Requirements, in Seller's sole subjective discretion. 217 Seller's Right to Terminate in this § 6.3 does not apply if, on or before any termination by Seller pursuant to this § 63: (1) the 218 parties enter into a written agreement regarding the Lender requirements; 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. Cost of Appraisal. Cost of the Appraisal to be obtained after the date of this Contract must be timely paid by CBS4-6.15. CONTRACT TO BUY AND SELL REAL ESTATE (LAND) 16RB2D16 lir9 Buyer lag St ltrirlitala (' Page50111 to DocuSign Envelope ID 31F30DC4-6ED8-488D-82C2-473DD9779FC8 DocuSign Envelope ID: 7E3OFB1D-OFFO-4245.6A17-4C5A82FAB512 221 Buyer ❑ Seller. The cost of the Appraisal may include any or all fees paid to the appraiser, appraisal management company, 222 lender'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 declaration. 226 7.1. Common interest Community Disclosure. 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 BE A MEMBER OF THE OWNERS' ASSOCIATION FOR THE 229 COMMUNITY AND WILL BE SUBJECT TO THE BYLAWS AND RULES AND REGULATIONS OF l'BE 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 URN ON THE PROPERTY AND POSSIBLY SELL IT TO PAY TEE 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 THE 238 FINANCIAL OBLIGATIONS OF MEMBERS OF THE ASSOCIATION. PURCHASERS SHOULD CAREFULLY 239 READ TUE DECLARATION FOR THE COMMUNITY AM) THE BYLAWS AND RULES AND REGULATIONS OF 240 THE ASSOCIATION. 241 7.2. Owners' Association Documents. Owners' Association Documents (Association Documents) consist of the 242 following: 243 7.2.E All Owners' Association declarations, articles of incorporation, bylaws, articles of organization, operating 244 agreements, rules and regulations, party wall agreements; 245 7.2.2. Minutes of most recent annual owners' meeting; 246 7.2.3. Minutes of any directors' or manages' meetings during the six-month period immediately preceding the 247 date of this Contract. If none of the preceding minutes exist, then the most recent minutes, if any (H 7.2.1, 7.2.2 and 7.23, 248 collectively, Governing Documents); and 249 7.2.4. The most recent financial documents which consist of: (I) 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 assessments, if 251 any (collectively, Financial Documents). 252 73. Association Documents to Buyer. 253 73.1. Seller to Provide Association Documents. Seller is obligated to provide to Buyer the Association 254 Documents, at Seller's expense, on or before Asseeiation Documents Deadline. Seller authorizes the Association to provide the 255 Association Documents to Buyer, at Seller's expense. Seller's obligation to provide the Association Documents is fulfilled upon 256 Buyer's receipt of the Association Documents, regardless of who provides such dotumeots. 257 7A. Conditional on Buyer's Review. Buyer has the right to review the Association Documents. Bayer has the Right to 258 Terminate under ft 25.1, on or before Association Documental Objection Deadline, based on any 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 Buyer's option, has the Right to Terminate under € 25.1 by Buyer's Notice to 261 Terminate received by Seller on or before tee days after Buyer's receipt of the Association Documutts. If Buyer does not receive 262 toe Association Documents, or if Buyer's Notice to Terminate would otherwise be required to be received by Seller after Closing 263 Date, Buyer's Notice to Terminate must be received by Seller on or before Closing. 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 § 8.6 (Right of First Refusal or Contract Approval). 266 8. TITLE INSURANCE, RECORD TITLE AND OFF -RECORD TITLE. 267 8.1. Evidence of Record Title. 268 ® 8.1.1. Seller Selects Title Insurance Company. If this box is checked, Seller will select the title insurance 269 company to furnish the owner's title insurance policy at Seller's expense. On or before Record Title Deadline, Seller must furnish 270 to Buyer, a current commitment for owner's title insurance policy (Title Commitment), in an amount equal to the Purchase 271 Price, or if this box is checked, O an Abstract of Title certified to a current dare. Seller will cause the title insurance policy to be 272 issued and delivered to Buyer as soon as practicable at or after Closing. 273 O 8.1.2. Buyer Selects TItle Insurance Company. If this box is checked, Buyer will select the title insurance 274 company to furnish the owner's title insurance policy at Buyer's expense. On or before Record Title Deadline Buyer must 275 furnish to Seller, a current comntitmertt for owner's title insurance policy (Title Commitment), in an amount equal to the Purchase 176 Price. CBS44.15. CONTRACT TO BUY AND SELL REAL ESTATE (LAND) 1N2B201611:09 Buyer onus sd4r tataata Page 6at IS DocuSign Envelope ID 31F3DDC4-6ED8-488D-82C2-473DD9779FC8 DocuStgn Envelope ID; 7E91H'B1D-liFFo-4249-8A17-4C5/1n2FA8512 277 If neither box in § 8.1.1 or § 8.1.2 is checked, § 8.1.1 applies. 278 8.1.3. Owner's Extended Coverage (OEC). The Title Commitment © Wil O Will Not contain Owner's 279 Extended Coverage (OEC). If the Title Commitment is to contain OEC, it will commit to delete or insure over the standard 280 exceptions which relate to: (1) parties in possession, (2) unrecorded easements, (3) survey matters, (4) unrecorded mechanics' 281 liens. (5) gap period (period between the effective date and time of commitment to the date and time the deed is recorded), and (6) 282 unpaid taxes, assessments and unredeemed tax sales prior to the year of Closing. Any additional premium expense to obtain OEC 283 will be paid by O Buyer ® Seller ❑ Otte -Half by Buyer and One -Half by Seller O Other N/A. 284 Regardless of whether the Contract requires OEC, the Title insurance Company may not provide OEC or delete or insure over 285 any or all of the standard exceptions for OEC. The Thin Insurance Company may require a New Survey or New 11.C. 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 8.1.4. Title Documents. Title Documents consist of the following: (1) copies of any plats. declarations, 289 covenants, conditions and restrictions burdening the Property, and (2) copies of any other documents (or, if illegible, summaries of 290 such dnrerrnrnts) listed in the schedule of exceptions (Exceptions) in die Title Commitment furnished to Boyer (collectively, Title 291 Documents). 292 8.1.5. Copies of Title Documents. Buyer must receive, on or before Record Title Deadline, copies of all Title 293 Documents. This requirement pertains only to documents as shown of tr-wrd in the office of the clack and recorder in the county 294 where the Property is located. The cost of furnishing copies of the documents required in this Section will be at the expense of the 295 party or parties obligated to pay for the owners title insurance policy. 296 8.1.6, Existing Abstracts of Ttie. Seller must deliver to Buyer copies of any abstracts of title covering all or any 297 portion of the Property (Abstract of Title) in Seller's possession on or before Record Title Deadline. 298 8.2. Record Title. Buyer has the right to review and object to the Abstract of Title or Title Commitment and any of the 299 'title Documents as act forth in § 8.4 (Right to Object to Title, Resolution) on or before Record Title Objection Deadline. 300 Buyer's objection may be based on any unsatisfactory form or content of Tide Commitment or Abstract of 'Title, notwithstanding 301 § 13, or any other unsatisfactory title condition, in Buyer's sole subjective discretion. If the Abstract of Title, Tide Commitment or 302 'Title Documents are not received by Buyer on or before the Record Title Deadline, or if there is an endorsement to the Ttie 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 required 'Title Document not timely received by Buyer, (2) any change to the Abstract of Title, Title Commitment or 3O6 Title Documents, or (3) any endorsement to the Title Commiuent. if Seller receives Buyer's Notice to Terminate or Notice of 307 Title Objection, pursuant to this § 82 (Record Title), any title objection by Buyer is governed by the provisions set forth in § 8.4 308 (Right to Object to Title, Resolution). If Seller has fulfilled all Seller's obligations, if any, to deliver to Buyer all documents 309 required by § 8.1 (Evidence of Record Title) and Seller does not receive Bayer's Notice to Terminate or Notice of Title Objection 310 by the applicable deadline specified above, Buyer accepts the condition of title as disclosed by the Abstract of Title, Title 311 Commitment and Title Documents as satisfactory. 312 8.3. Off -Record Title. Seller must deliver to Buyer, on or before Off -Record Title Deadline, true copies of all existing 313 surveys in Seller's possession pertaining to the Property and must disclose to Buyer all easements, liens (including, without 314 limitation, governmental improvements approved, but not yet installed) or other title matters (including, without limitation, rights 305 of first refusal and options) not shown by public records, of which Seller has actual knowledge (Off -Record Matters). Buyer has 316 the right to inspect the Property to investigate if any third party has any right in the Property not shown by public records (e.g.. 317 unrecorded easement, boundary line 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, notwithstanding § 82 and § 13), in Buyer's 319 sole subjective discretion, must be received by Seller on or before Off -Record Title Objection Deadline. If an Off-Rccord Matter 320 is received by Buyer alter the OH -Record Title Deadline, Buyer has until the earlier of Closing or ten days after receipt by Buyer 321 to review and object to such Off -Record Matter. If Seller receives Buyer's Notice to Terminate or Notice of Title Objection 322 pursuant to this § 8.3 (Off -Record Title), any title objection by Buyer and this Contract are governed by the provisions act forth in 323 § 8.4 (Right to Object to Title, Resolution). If Seller does not receive Buyer's Notice to'Ittminate or Notice of Title Objection by 324 the applicable deadline specified above, Buyer accepts title subject to such sights, if any, of thud parties of which Buyer has actual 325 ltnowledgc. 326 8.4. Right to Object to Title, Resolution. Buyer's right to object to any title matters includes, but is not limited to those 327 matters set forth in §§ 8.2 (Record Title), 83 (Off -Record Title) and 13 (Transfer of Title), io Buyer's sole subjective discretion. If 328 Buyer objects to any title matter, on or before the applicable deadline, Buyer has the following options: 329 8.4.1. Title Objection, Resolution. If Seller receives Buyer's written ootice objecting to any tide matter (Notice 330 of Title Objection), on or before the applicable deadline, and if Buyer and Seller have not agreed to a written settlement thereof on 331 or before Title Resolution Deadline, this Contract will terminate on the expiration of Title Resolution Deadline, unless Seller 332 receives Buyer's written withdrawal of Buyer's Notice of Title Objection (i.e., Buyer's written notice to waive objection to such CBSS44-t5. CONTRACT 70 BUY AND SELL REAL ESTATE (LAND) 10M/2016 11:09 Buyer i Seller Isaiah Page 7 ar la DocuSign Envelope ID: 31F30DC4-6ED8-488O-82C2-473DD9779FC8 DoOuSien Envelope b: 7E30FB1D-0FFO-4249-8A174C5ANFA13512 333 items and waives the Right to Terminate for that reason), on or before expiration of Title Resolution Deadline. If either the 334 Record Tide Deadline or the Off -Record Tide Deadline, ar both, are extended to the earlier of Closing or ten days after receipt of 335 the applicable documents by Buyer, pursuant to § 8.2 (Record Title) or § 8.3 (Off -Record Title), the Tile Resolution Deadline also 336 will be automatically extended to the earlier of Closing or fifteen days after Buyer's receipt of the applicable documents; or 337 8.4.2. 'hue Objection, Right to Tanulnate. Buyer may exercise the Right to Terminate under § 25.1, on or 338 before the applicable deadline, based cm any unsatisfactory title maker, in Buyer's sole subjective discretion OBLIGATION 339 83. Special Taxing Districts. SPECIAL TAXING DISTRICTS MAY BE SUBJECT TO GENERAL 340 INDEBTEDNESS THAT IS PAID BY REVENUES PRODUCED FROM ANNUAL TAX LEVIES ON THE TAXABLE 341 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 OF SUCH DEBT WHERE 343 CIRCUMSTANCES ARISE RESULTING IN THE INABILITY OF SUCH A DISTRICT TO DISCHARGE SUCH 344 INDEBTEDNESS WITHOUT SUCH AN INCREASE IN MILL LEVIES. BUYERS SHOULD INVESTIGATE TEE 345 SPECIAL TAXING DISTRICTS IN WHICH THE PROPERTY IS LOCATED BY CONTACTING THE COUNTY 346 TREASURER, BY REVIEWING THE CERTIFICATE OF TAXES DUE FOR THE PROPERTY, AND BY OBTAINING 347 FURTHER INFORMATION FROM THE BOARD OF COUNTY COMMISSIONERS, THE COUNTY CLERK AND 348 RECORDER, OR THE COUNTY ASSESSOR. 349 Bayer has the Right CO Terminate under § 25.1, on or before Off -Record Tide Objection Deadline, based on any 350 unsatisfactory effect of the Property being located within a special taxing district, in Buyer's sole subjective discretion. 351 8.6. Right of First Refusal or Contract Approval. If there it'd& dght of first refusal on the Property, or a right to approve 352 this Contract, Seller must promptly submit this Contract according to the terms and conditions of such right. If the holder of the of first refusal exercises such rigor th e holder of a right to approve disapproves this Contract, this Contract will terminate. 353 right this Contract will remain in full Cone and 354 if the tight of first refusal is waived explicitly or expires, or the Contract is approved, 355 effect Seller must promptly notify Boyer in writing of the foregoing. If expiration or waiver of the right of fine refusal or approval 356 of this Contract bus not occurred on or before Right of First Refusal Deadline, this Contract will then terminate. 357 8.7. Tide Advisory. The Tide Documents affect the title, ownership and use of the Property and should be reviewed 358 carefully. Additionally, other matters not reflected in the Title Documents may affect the title, use code violations. 359 including, without limitation, boundary lines and encroachments, set -back require/ 360 unrecorded easements and claims of easements, leases and other unrecorded agreements, water on or under the Property, and 361 various laws and governmental regulations concerning land use, development and envirotunental matters 362 8.7.1. OIL, GAS, WATER AND MINERAL DISCLOSURE. THE SURFACE ESTATE OF THE 363 PROPERTY MAY BE OWNED SEPARATELY FROM THE UNDERLYING MINERAL ESTATE, AND TRANSFER 364 OF THE SURFACE ESTATE MAY NOT NECESSARILY INCLUDE TRANSFER OF TIE MINERAL ESTATE OR 365 WATER ENERGYTHIRD �OR W EMAY OWN OR LEASE INTERESTS IN OIL, GAS, OTHER MINERALS, ATER ON OR UNDER THE SURFACE OF THE PROPERTY, WHICH INTERESTS 366 GEOTHERMAL 367 MAY GIVE THEM RIGHTS TO ENTER AND USE THE SURFACE OF THE PROPERTY TO ACCESS THE 368 NIINERAL ESTATE, OIL, 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 AGREEMENT, A 371 MEMORANDUM OR OTHER 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, WELLS, REWORKING DRILLING, WELL COMPLETION 375 OPERATIONS, STORAGE, OIL AND GAS, OR PRODUCTION FACILITIES, 376 OF CURRENT WELLS, AND GAS GATHERING AND PROCESSING PRODUCING S. 377 8.7.4. ADDITIONAL INFORMATION. BUYER IS ENCOURAGED TO SEEK ADDITIONAL 378 INFORMATION REGARDING OIL AND GAS ACTIVITY ON OR ADJACENT TO THE PROPERTY, INCLUDING 379 DRILLING PERMIT APPLICATIONS. TTI7S INFORMATION MAY BE AVAILABLE FROM THE COLORADO OIL 380 AND GAS CONSERVATION COMMISSION. 381 8.73. Title Insurance Exclusions. Matters set forth in this Section, and others, may be excepted, excluded from, 382 or not covered by the owner's title insurance policy. timely ounsel with respect to all such matters as there are 383 8.8. m Consult tan Attorney. Bo act (.g., advised to Record Title Objection consult Deadline and Off -Record Title Objection Deadline). 384 strict time limits provided in this Contract ( .g.. 385 9. NEW ILC, NEW SURVEY. 386 93. New TLC or New Survey. If the box is checked, a ® New Improvement Location Certificate (New TLC) 387 0 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. 0 Seller ® Buyer will order the New 1LC or New Survey. The CBS44tS. CONTRACT TO BUY AND SELL REAL ESTATE (LAM) 10128/201611:0'9 Buyer tat Sdter lcttlula Page aa1$ DocuSign Envelope ID 31F30DC4.6ED8-488D-82C2-473DD9779FC8 DecoSign Envelope ID:7F3DFB1D-0FW-4249-8A17-4C5A82FAS512 389 New TLC or New Survey may also be a previous ILC or survey that is in the above -required form, certified and updated as of a 390 date after the date of this Contract 391 9.1.2. Payment fbr New TLC or New Survey. The cost of the New [LC or New Survey will be paid, o0 or 392 before Closing, by: O Seller ® Buyer 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, IN DEMNTfl' INSURABILITY, DUE DILIGENCE AND SOURCE 418 OF WATER. 419 10.1. Seller's Property Disclosure. On or before Seller's Property Disclosure Deadline, Seller agrees to deliver to 420 Buyer the most current version of the applicable Colorado Real Estate Commission's Seller's Frowsty Disclosure form completed 421 by Seller to Seller's actual knowledge, cement as of the date of this Contract 422 10.2. Disclosure of Latent Defects; Present Condition. Seller must disclose to Buyer any latent dcfecta actually known 423 by Seller. Seller agrees that disclosure of latent defects will be in writing. Except as otherwise provided . m this Contract, Buyer 424 acknowledges that Seller is conveying the Property to Buyer in an "As Is" condition. 'Where Is" turd' With All Faults" 425 10.3. Inepectfoa Unless otherwise provided in this Contract, Buyer, acting in good faith, has the right to have inspections 426 (by one or more third parties, personally or both) of the Property and Inclusions (Inspection), at Buyer's expense. If (1) the 427 physical condition of the Property, including, but not limited to, the roof, walls, structural integrity of the Property, the electrical, 428 plumbing, HVAC and other mechanical systems of the Property, (2) the physical condition of the Inclusions, (3) service to the 429 Property (including utilities and communication services), systems and components of the Property (e.g. beating and plumbing), 430 (4) any proposed or existing transportation project, road, street or highway, or (5) any other activity, odor or noise (whether on or 431 off the Property) and its effect or expected effect on the Property or its occupants is unsatisfactory, in Buyer's sole subjective 432 discretion, Buyer may, on or before Inspection Objection Deadline: 433 103.1. Notice to 'Dominate. Notify Seller in writing that this Contract is terminated; or afro! condition that 434 103.2. Inspection Objection. Deliver to Seller a written description of arty unsatisfactory phy 435 Buyer requires Seller to correct. 436 10.3.3. Inspection Resolution, If an Inspection Objection is received by Seller, on or before inspection Objection 437 DeatBine, and if Buyer and Seller have not agreed in writing to a settlement thereof on or before Inspection Deadline, 438 this Contract will terminate on Inspection Resolution Deadline unless Seller receives Buyer's written withdrawal of the 439 Inspection Objection before such termination, i.e., on or before expiration of Inspection Resolution Deadline. 440 10.4. Damage, Liens and Indemnity. Buyer, except as otherwise provided in this Contract or other written agreement 441 between the panics, is responsible for payment for all inspections, tests, surveys, engineering reports, or other reports performed at 442 Buyer's request (Work) and must pay for any damage that occurs to the Property and Inclusions as a result of such Work. Buyerel 443 roust not permit claims or liens of any kind against the Property for Work performed on the Property. Buyer agrees to 9.1.3. Delivery of New ILC or New Survey. Buyer, Seller, the issuer of the Title Commitmau (or the provider of the opinion of title if an Abstract of Title), and Buyer' a Agent will receive a New ILC or New Survey on or before New ILC or New Survey Deadline. 9.1.4. Certlfeation of New TLC or New Survey. The New TLC or New Survey will be certified by the surveyor to all those who are to receive the New ILC or New Survey. 9.2. Buyer's Right to Waive or Change New ILC or New Surrey Selection. Buyer may select a New ILC or New Survey different than initially specified in this Contract if there is no additional cost to Seller or change to the New ILC or New Survey Objection Deadline. Buyer may, in Buyer's sole subjective discretion, waive a New TLC or New Survey if done prior to Seller incurring any cost for the same. 93. New ILC or New Survey Objection. Buyer has the right to review and object to the New ILC or New Survey. If the New TLC or New Survey is not timely received by Buyer or is unsatisfactory to Buyer, in Buyer's sole subjective discretion, Buyer may, on or before New ILC or New Survey Objection Deadline, notwithstanding § 83 or § 13: 9.3.1. Notice to Terminate. Notify Seller in writing that this Contract is terminated; or 9.3.2. New TLC or New Survey Objection. Deliver to Seller a written description of any matter that was to be shown or is shown in the New ILC or New Surrey that is unsatisfactory and that Buyer requires Seller to correct. 933. New TLC or New Survey Resolution. If a New ILC or New Survey Objection is received by Seller, an or before New ILC or New Survey Objective Deadline, and if a Buyer and Seller have not agreed in writing to a settlement thuxeof on or before New ILC or New Surrey Resolution Deadline, this Contract will terminate on expiration of the New ILC or New Survey Resolution Deadline, unless Seller receives Buyer's written withdrawal of the New TLC or New Survey Objection before such termination, i.e., on or before expiration of New ILC or New Survey Resolution Deadline. DISCLOSURE„ INSPECTION AND DUE DILIGENCE (854.6.15. CONTRACT TO BUY AND SELL REAL ESTATE (LAND) 10/21/2015 11:09 Bayer W Seiler initials hap, of is DocuSign Envelope ID 31F300C4-6ED8-488D-8202-473DD9779FC8 DaceSim Envelope ID; 7E3OF81D-0FF04240-8117-4C5A82fA6512 444 protect and hold Seller harmless from and against any liability, damage, cost or expense incurred by Seller and caused by any such 445 Work, claim, or lien. This indemnity includes Seller's right to recover all costs and expenses incurred by Seller to defedagainst and 446 any such liability, damage, cost or expense, or to enforce this section, including Seller's reasonable attorney fees, legalfees 447 expenses. The provisions of this section survive the termination of this Contract. This § 10.4 does not apply to items performed 448 pursuant to an Inspection Resolution. 449 10.5. Insurability. Buyer has the right to review and object to the availability, terms and conditions of and premium for 450 property insurance (Property Insurance). Buyer has the Right us Terminate under § 25,1, on or before Property Insurance 451 Objection Deadline, based on any unsatisfactory provision of the Property Insurance, in Buyer's sole 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 of the following 454 documents and information pertaining to the Property (Due Diligence Documents) to Buyer on or before Due Diligence 455 Doeuntents Delivery Deadline: 456 O 10.6.1.1. All contracts relating to the operation, maintenance and management of the Property; 457 Q 10.61.2. Property tax bills for the last 3 years;and the tenant improvements, including 458 O 10.613. As -built construction plans to the Propertyematifroncs of i Occupancy, to the 459 architectural, electrical, mechanical, and structural systems, engineering reports, and permanent 460 extent now available; 461 O 10.6.1.4. A list of all Inclusions to be conveyed to Buyer; 462 O 10.6.13. Operating statements for the past N/A years; 463 O 10.6.1.6. A rent roll accurate and correct to the date of this Contract; 464 O 10.6.1.7. All current leases, including any amendments or other occupancy agreements, pertaining to the 465 Property. Those leases or other occupancy agreements pertaining to the Property that survive Closing are as follows (Leases): 466 none 467 468 O 10.6.1.8. A schedule of any tenant improvement work Seller is obligated to complete but has not yet 469 been completed and capital improvement work either scheduled or in process on the date of this Contract; 470 ® 10.6.1.9. All insurance policies pertaining to the Property and copies of any claims which have been 471 made for the past 3 years; and cn ncerimg reports or data pertaining to the Property (if not 472 ® 10.6.1.10. Soils reports, surveys gi 473 delivered earlier under 18.3); 474 ® 10.6.1.11. Any and all existing documentation and reports regarding Phase I and II environmental reports, 475 letters, test results, advisories, and similar tlocumenta respective to the existence or nonexistence of asbestos, PCB transformers, or 476 other toxic, hazardous or contaminated substances, and/or underground storage tanks and/or radon gas. If no reports are in Seller's 477 possession or known10.61.12. Seller, Seller Any Am�ans with Disabits that no such litiiees Act reports, studies orrts arc in Seller's �surveys ion or on...ami g the compliance of own to Sella; 478 O 479 the Property with said Act; 480 O 10.6.1.13. Ail permits, licenses and other building or use authorizations issued by any governmental 481 authority with jurisdiction over the Property and written notice of any violation of any such permits, licenses or use authorizations, 482 if any; and 483 ® 10.6.1.14. Other documents and information: 484 Seller to provide any or all of the following that are in Seller's possession: Surveys, Improvement Location Certificates, Soils Tests, Engineering Reports, Environmental Reports, Phase 1 or Phase 2 Environmental Assessments, or any other pertinent documentation related to the property 485 486 487 an has the ri t to review and object to Due 488 10.6.2. Due Diligence Documents Review and Objection. Buyer gh 489 Diligence Documents. If the Due Diligence Documents are not supplied to Buyer or arc unsatisfactory in Buyer's sole subjective 490 discretion, Buyer may, on or before Due Diligence Documents Objection Deanne: 491 10.6.2.1. Notice to Terminate. Notify Seller in writing that this Contract is terminated; ar 492 10.6.21. Due Diligence Documents Objection. Deliver to Seller a written description of any 493 unsatisfactory Due Diligence Documents that Buyer requires Seller to correct. 494 10.6.23. Due Diligence Documents Resolution. If a Due Diligence Documents Objection is received 495 by Seller, on or before Due Diligence Documents Objection Deadline, and if Buyer and Seller have not agreed in writing to a 496 settlement thereof on or before Due Diligence Documents Resolution Deadline, this Contract will terminate on Due Diligence CBS4•lF1S. CpK1RACr TO BUY AND SELL 1LFA1. ESTATE (LAND) 10/28%201611 -09 Caw 10 of IS Seller iattlab Buyer faittat! DocuSign Envelope ID 31F30DC4-6ED8-488D-82C2-473DD9779FC8 DoevSlgn Envelops1D:7E3DFBID-0Fft1-4244$A17-4r5A82FAB512 497 Documents Resolution Deadline unless Seller receives Buyer's written withdrawal thements Due Diligence Documents Objection 498 before such termination, i.e., on or before expiration of Due Diligence on or before do DiligenceDocumentsObjection 499 10.63. Zoning. Buyer has the Right to Terminate under § 25.1, 500 Deadline, based on any unsatisfactory zoning and any use restrictions imposed by any governmental agency with jurisdiction over 501 the Property, in Buyer's sole subjective discretion. of the 502 10.6.4. Duo Diligence —Environmental, ADA. Buyer has the right to obtain environmental inspections 503 Property including Phase I and Phase II Environmental Site Assessments, as applicable. O Seller ® Buyer will with most cederhe provicurrent version of the de 504 Phase 1 Emironmenlal Site Assessment, Pbase ll Enviroameut51 Site Assessment (comply 505 applicable ASTM El 527 standard practices for Environmental Site Assessments) and/or N/A, at the expense 506 of 0 Seller ® Buyer (Environmental Inspection). In addition, Buyer, at Buyer's expense, may also conduct an evaluation 507 whether the Property complies with the Americans with Disabilities Act (ADA Evaluation). All such inspections and evaluations minimize the intemr ou of Seller's and any Seller's tenants' 508 must be conducted at such times as are mutually agreeable to I� 509 business uses of the Property, if any. 510 If Buyer's Phase I Environmental Site Assessment recommends a Phase In Environmental !i � Inspection Objection the 511 Environmental Inspection Objection Deadline will be extended by N/A days (Extended and the lime Closing Date, the Objection Date 512 Deadline) and if such Extended Bnvlronmental Inspection Objection Deadline extends bey 513 will be extended a like period of time. In such event, 0 Seller ® Buyer must pay the cost for such Phase U Environmental Site 514 Assessmentin this § 10.63, Buyer has the 515 Notwithstanding Buyer's right to obtain additional environmentalIObjection ti ns of the Property Ob ection Deadline, or if applicable, the Extended 516 Right to entalnats under § 25.I, on or before, bred m on, in Buyer's sole 517 &ninonmeatal Inspection Objecl= Deadline, based on any unsatisfactory results of Environmental Inspection, Y 518 subjective discretion. 519 Buyer has the Right to'Ibrminate under § 25.1, on or before ADA Evaluation Objection Deadline, based on any 520 unsatisfactory ADA Evaluation, in Buyer's sole subjective cc conditional upon the sale and closing of that certain property 521 10.7. Conditional Upon Sale or Property This is cocondi 522 owned by Buyer and commonly known as N/A. Buyer has the Right to Terminate or before Conditional Sale Deadline [f such 523 under § 25.1 effective upon Seller's receipt of Buyer's Notice tto l sole e on it of Buyer. i Seller does not receive Buyer's 524 property is not sold and closed by such deadline. This $vv i B 525 Nonce to Terminate on or before Conditional Sale Deadline. Buyer waives any Right to Buyer lender this D QI Does Not n. 526 10,g. Source of Potable Water (Residential Land and Residential Improvements the source of e water 527 acknowledge receipt of a copy of Seller's Property Disclosure or Source of Water Addendum disclosing 528 for the Property. ® There is No Well. Buyer 0 Does 0 Does Not acknowledge receipt of a copy of the current well permit. 529 Note to Buyer: SOME WATER PROVIDERS RELY, TO VARYING DEGREES, ON NONRENEWABLE GROUND GATE TILE DESCRIBED SOURCE) TO 530 1 TER. NE MAY WISE TO E CONTACT YOUR PROVIDER (OR SUFFICIENCY OF TAE PROVIDEINVESTIGATE R'ES WATER SUPPLIES. 531 DETERMINE stir LOKG; Mods S lion Leases; New Leases. Seller states that none of the Leases to be assigned 532 3 1Bu F,rt time of Cl sing amnia any f rent Existing 533 to the Buyer at the of Closing coalaia concessions, rent reductions or rent abatements except as disclosed in the received by Buyer. Seller will not amend, alter, modify, extend or cancel any of the Leases nor will Seller 534 Lease or other w lea without the prior written consent of Buyer, which consent will not be unreasonably 535 enter into any newleases affecting the Property S36 withheld Or delayed. 537 11. TENANT ESTOPPEL STATEMENTS.t to review and object to any Estoppel Statements. 538 11.1. Taunt Estoppel Statements Conditions. Buyer has the rig¢_ and StatementsDeadline�st em n in to a copy of the Lease c 539 reasonably must obtain acceptable to Band uyrer from each occupant oto Buyer on or before r Tenant nantoperty (Estoppel 540 reasonably 541 stating: 542 11.LL The commencement date of the Lease and scheduled termination date of the Lease; 4d3 11.12. That said Lease is in full force and effect and that there have been no subsequent modifications or 544 amendments; 545 11.13. The amount of any advance rentals paid, rent concessions given, and Seller; paid to Seller; 546 11.1A. The amount of monthly (or other applicable period) rental paid,o 547 11.1.5. That them is no default under the terms of said Lease by landlord t oord complete copy of the Lease demising occupant; and 548 11.1.6. That the Lease to which the Estoppel is attached is a true, 549 the premises it describes. 550 112. Tenant Estoppel Statements Objection. Buyer has the Right to Terminate uncles in § 25.1,s sole before subjects ena discretion. nt 551 Estoppel Statements Objection Deadline, based on any unsatisfactory Estoppel t;Bg44-15. CrO-rrrit4CT TO BUY AND SELL REAL ESTATE (LAND) 0/2 8/20 1 6 1 1 09 1 p Buyer Seller initials fetf ' Pepel1 ers1 DocuSign Envelope ID 31F30DC4-6ED8-488D•82C2.473DD9779FC8 DocuSign Envatope ID: 7'MEW B1 D-OFFO-0249-BA17-4C`..A82FAB512 552 or if Seller fails to deliver the Estoppel Statements on or before Tenant Estoppel Statements Deadline. Buyer also has the 553 unilateral right to waive any unsatisfactory Estoppel Statement. 554 555 556 12. CLOSING DOCUMENTS, INSTRUCTIONS AND CLOSING. 557 12-1. Closing Documents and Closing Information. Seller and Buyer will cooperate with the Closing Company to 558 enable the Closing Company to prepare and deliver documents required for Closing to Buyer and Seller and their designees. If 559 Buyer is obtaining a new loan to purchase the Property, Buyer acknowledges Buyer's tender is required to provide the Closing 560 Company, in a timely manner, all required loan documents and financial information concerning Buyer's new loan. Buyer and 56) Seller will furnish any additional information and documents required by Closing Company that will be necessary to complete this 562 transaction. Buyer and Seller will sign and complete all customary or reasonably required documents at or before Closing. 563 12.2. Closing Instructions. Colorado Real Estate Commission's Closing Instructions O Are NI Are Not executed with. 564 this Contract.specified 565 12.3. Closing. Delivery of deed from Seller to Buyer will be at closing (Closing). Closing will be on the date as 566 the Closing Date 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 Settlement Coats. Buyer and Seller acknowledge that costs, quality, and extent of service vary 569 between different settlement service providers (e.g., attorneys, lenders, inspectors and title companies). 570 13. T'R.4NSFER OF TITLE. Subject to leader of payment at Dosing as required herein and compliance by Buyer with the 571 d deliver a and sufficient General other terms and aiming, provisions hereof, the Seller Property d cte lear of all taxes the general taxes for the Warranty of Closing. Except as 572 Bider, at einwill conveying ents 573 provided herein, title be conveyed free and clear of all liens, including any governmental liens for special improvements 574 installed as of the date of Buyer's signature hereon, whether assessed or not Title will be conveyed subject to: 575 13.1. Those specific Exceptions described by reference to tic. ordcd documents as reflected in the Title Documents 576 accepted by Buyer in accordance with Record Title, 577 13.2. Distribution utility easements (including cable TV), , 578 133. Those specifically described rights of third parties not shown by the public records of which Buyer has actual 579 knowledge and which were accepted by Buyer in accordance with Off -Record Title and New ILC or New Survey, 580 13.4. Inclusion of the Property within any special taxing district, and 581 13.5. Any special assessment if the improvements were not installed as of the date of Buyer's signature hereon, whether 582 assessed prior to or after Closing, and 533 13.6. Other N/A. 584 14. PAYMENT OF ENCUMBRANCES. Any encumbrance required to be paid will be paid at or before Closing from the 585 proceeds of this vansactioa or from any other source. 586 1.5. CLOSING COSTS, CLOSING FEE, ASSOCIATION FEES AND TAXES•closing costs and all other items required 587 151. Closing Costs. Buyer and Seller must pay, in Good Funds, their respective 588 to be paid at Closing, except as otherwise provided herein. 589 15.2.. Closing Services Fee. The fee for real estate closing services must be paid at Closing by 0 Bayer 0 Seller 590 ® One -Half by Buyer and One -Half by Seiler O Other f %ees Incident to the issuance of Associations statement of 591 153. Status Letter and Record Change 592 assessments (Status Letter) must be paid by O None O Buyer © Seller O Otte -Half by Buyer d transfer fees Onereg-Half by Seller. of name 593 Any record change fee assessed by the Association including, but not limited to, ownership Seller O One -Half by Buyer 594 or title of such fee (Association's Record Change Fee) must be paid by O None O Buy 595 and One -Half by Seller. 596 15.4. Local Transfer Tax. O The Local 'Transfer Tax of / of the Purchase Price must be paid at Closing y and 597 O None O Buyer O Seller O One.IIalf by Buyer by Se at Closing, such 598 15.5. Private Transfer Fee. Private transfer fees and other fees due to a transfer of the Property, payableg 599 as community association fees, developer fees and foundation fees, must be paid at Closing by O None O Buyer O Seller d00 ❑ One -Half by Buyer and One -Hall by Seller. The Private Transfer fee, whether one or more, is for the following association(s): 601 N/A in the total amount of N/A % of the Purchase Price ors N/A. 602 15.6. Water Thunder Fees. The Water Transfer Fees can change. The fees, as of the date of this Contract, do not exceed 603 S N/A for: 6p4 O Water Stock/Ccrtifcatcs O Water District CLOSING PROVISIONS CRS1-6-15. CONTRACT TO BUY AND SELL REAL ESTATE (LAND) 1001/201611:09 �p-t�� Selby ialUais Buyer idW ..-�—t Asa, 12 or 15 DocuSign Envelope ID: 31F30DC4-6ED8-488O-82O2-473DD9779FC8 DocuSign Envelope ID: 7ESDF81D-9FF0.4249-8A17.4C5AA2FA8612 605 O Augmentation Membership O Small Domestic Water Company O N/A 606 and must be paid at Closing by O None O Buyer O Seller O One -Half by Buyer and One•IIall by Seller 607 15.7. Sales and Use Tax. Any sales and use tax that may accrue because of this transaction must be paid when due by 608 O None ❑ Buyer O Seller O One -Bair by Buyer and One•Half by Seller . 609 16. PROBATIONS. The following will be prorated to Closing Date, except as otherwise provided: 610 16.1. Taxes. Personal property taxes, if any, special taxing district assessments, if any, and general real mute taxes for the 611 year of Closing, based on O Taxes for the Calendar Year Immediately Preceding Closing ® Most Recent Mill Levy and 612 Most Recent Assessed Valuation, O Other N/A. 613 16.2. Rents. Rents based on O Rents Actually Received O Accrued. At Closing, Seller will transfer or c wnttto of 614 Buyer the security deposits for all Leases assigned, or any remainder after lawful deductions, and notify all 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 Leases. 617 16.3. Association Assessments. Current regular Association assessments and dues (Association Assessments) in 618 advance will be credited to Seller at Closing. Cash reserves held out of the regular may be Asslociaton Assessments se provided by the Govr erning Documents_ 62D ler except Buyer anco the Buyeron will not beobligated credited topo the Association at Closing, an amount for reserves or working capital. 621 B ny acknowledges assessment that seise may i r Cpay 621 Any special assessment assessed prior to Closing Date by the Association will be the obligation of El Buyer ® Seiler. Except 622 however, any special assessment by the Association for improvements that have been installed as of the date of Buyer's signature 623 hereon, whether assessed prior to or after Closing, will be the obligation of Seller. Seller represents that the Association 624 Asveamrnts are currently payable at approximately S 350.00 per year and that there are no unpaid regular 625 or special assessments against the Property except the current regular assessments and N/A. Such ti ert the Association to 626 assessments are subject to change as provided in the Governing Documents. Seller agrees to promptly requ627 deliver to Buyer before Closing Date a current Sums Letter. loan, and N/A. 622 16.4. Other Proration• Water and sewer charges, propane, interest on continuing 629 16.5. Final Settlement. Unless otherwise agreed in writing, these prorations are final. 630 17. POSSESSION. Possession of the Property will be delivered to Buyer on Possession Date at Possession Tune, subject to 631 the Leases as set forth in § 10.6,1.7. 632 633 634 635 636 637 18. DAY; COMPUTATION OF PERIOD OF DAYS, DEADLINE.ending at 1 l 59 p m., United States Mountain 638 18.1. Day. As used in this Contract, the term "day" means the entire day 639 Time (Standard or Daylight Savings as applicable). 640 18.2. Computation of Period of Days, Deadline. In computing a period of days, when the ending date is not specified, 641 r MEC). U any deadline falls on a 2 the first day is ad and a last day sincludedsu�ad� e ® W W O W� Not be extended to the next day�tbatay, Sunday is of a or 642 federal or Colorado state holiday (Holiday), 643 Saturday, Sunday or Iioliday. Should neither box be checked, the deadline will not be extended. 644 19. CAUSES OF LOSS, INSURANCE; DAMAGE TO INCLUSIONS AND SERVICES; CONDEMNATION; AND 645 WALK-TU ROUGH. Except as otherwise provided in this Contract, the Property, inclusions or both will be delivered in the 646 condition existing as of the date of this Contract, ordinary wear and tear excepted. s or causes 647 19.1. Causes of Loss, Insurance. In the event the Property or Inclusions are damaged by rue, Damage),othered if the repair of fr of 648 loss prior to Closing in an amount of not more than ten percent of the totPurchase Price icSeller, p�y rcaof the rapai 649 the damage will be paid by insurance (other than the deductible to be paid by to the incur under e 650 proceeds, will use Seller's reasonable efforts to repair the Property before Closing Date. Buyer has the Right Date if theis not repaired before Closing Date or if the damage exceeds such sum. Should 651 § y. r. onelect or before Closing Da Property Damage, Buyer is entitled to a credit at Closing for all insurance 652 Buyer to carry out this Contract despite such Association, g , y from damage to the Property and Inclusions, plus 653 proceeds that were received by Seller (but not the Association, if any) resulting B 654 the amount of any deductible provided for in the insurance policy. This credit may not exceed the Purchase Price. tI the event 655 Seller has not received the insurance proceeds prior to Closing, the parties may agree to extend the Closing o have Closing, the 656 Property repaired prior to Closing or, at the option of Buyer, (1) Seller oust assign to Buyer the right to theproceedsce�em the 657 acceptable In Seller's insurance company and Buyers lender; or (2) the parties may enter into a written age prepared by If Seller, after Closing, fails to deliver posses lion as specified, Seller will be subject to cvictioe and wilt be additionally liable to Buyer for payment of S WA per day (or any part of a day notwithstanding § 18.1) from Possession Date and Possession Time until possession is delivered. GENERAL PROVISIONS C0S4-6.15. CONTRACT TO BUY AND SELL REAL ESTATE (LAND} 10/21112016 11:09 Seller iaitl alts Boyce tat 'Page 13 still DocuSign Envelope ID 31F3ODC4-6ED8-488D-82C2-473DD9779FC8 I7ocuSlgn Envelope ID: 7E3GFBID-0FF0.4249-BA17.4C5A82PAE512 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, not 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 oc fixture oldie Property (collectively Service) (e.g., heating or plumbing), fail or be damaged 663 between the date of this Contract and Closing or possession, whichever is earlier, then Seller is liable for the repairer replacement 664 of such Inclusion or Service with a unit of similar size, age and quality, or an equivalent 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 If the failed or damaged Inclusion or Service is not repaired or 667 replaced on or before Closing or possession, whichever is earlier, Buyer has the Right to Terminate under § 25.1, on or before 668 Closing Data, or, at the option of Buyer. Buyer is entitled to a credit at Closing for the repair or replacement of such Inclusion or 669 Service. Such credit must not exceed the Purchase Price. If Buyer receives such a credit, Seller's right far any claim against the 670 Association, if any, will survive Cloning. Seller and Buyer are aware of the existence of pre-owaei home warranty programs that 671 may be purchased and may cover the repair or replacement of such Inclusions. 672 193. Condemnation. In the event Seller receives actual notice prior to Closing that a pending condemnation action may 673 result is a taking of all or part of the Property or Inclusions, Seller must promptly notify Buyer, in writing, of such condemnation 674 action. Buyer has the Right to Terminate under § 25.1, on or before Closing Date, based on such condemnation action, in Buyer's 675 sole subjective discretion. Should Buyer elect to consummate this Contract despite such diminution of value to the Property and 676 Inclusions, Buyer is entitled to a credit at Closing for all condemnation proceeds awarded to Seller for the diminution in the value 677 of the Property or Inclusions but such credit will not include relocation benefits or expenses, or exceed the Purchase Price. 678 19.4. Walk -Through and Verification of Condition. Buyer, upon reasonable notice, has the right to walk through the 679 Property prior to Closing to verify that the physical coaditiun of the Property and Inclusions complies with this Contract. 680 19.5. Risk of Loss — Growing Crops. The risk of loss for damage to growing crops by fire or other casualty will be borne 681 by the party entitled 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 that the respective broker has advised that this Contract has important legal consequences and has recommended the examination 685 of title and consultation with legal and tax or other counsel before signing this Contract. 686 21. TIME OF ESSENCE, DEFAULT AND REMEDIES. Time is of the essence for all dates and deadlines in this Contract. 687 This means that all dates and deartlinas are strict and absolute. If any payment due, including Earnest Money, is not paid, honored 688 or tendered when due, or if any obligation is not performed timely as provided in this Contract or waived, the non -defaulting 689 party has the following remedies: 690 21.1. If Buyer is in Default: 691 O 21.1.1. Specific Performance. Seller may elect to cancel this Contract and all Earnest Money (whether or not paid 692 by Buyer) will be paid to Seller and retained by Seller. It is agreed that the Earnest Money is not a penalty, and the Panics agree 693 the amount is fair and reasonable. Seller may recover such additional damages as may be proper. Alternatively, Seller may elect 694 to treat this Contract as being in full force and effect and Seller has the right to specific performance cr damages, or both. 695 21.1.2. Liquidated Damages, Applicable. This § 111.2 applies unless the box in § 21.1.1. is checked. Seller 696 may cancel this Contract. All Earnest Money (whether or not paid by Buyer) will be paid to Seller, and retained by Seller. It is 697 agreed that the Earnest Money specified in § 4.1 is LIQUIDATED DAMAGES, and not a penalty, which amount the parties agree 698 is fair and reasonable and (except as 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 700 performance and additional damages. 701 21.2. If Seller is 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 such damages as may be proper. Alternatively, Buyer may elect to treat this 703 Contract as being in full force and effect and Buyer has the right to specific performance or damages, nr both. 704 22. LEGAL FEES, COST AND EXPENSES. Anything to the contrary herein notwithstanding, in the event of any arbitration 705 or litigation relating to this Contract, prior to or after Closing Date, the arbitrator or court must award to the prevailing party all 706 reasonable costs and expenses, including attorney fees, legal fees end expenses. 707 23. MEDIATION. If a dispute arises relating to this Contract, (whether prior to or after Closing) and is not resolved, the parties 708 must first proceed, in good faith, to mediation. Mediation is a process in which the parties meet with an impartial person who helps 709 to resolve the dispute informally and confidentially. Mediators cannot impose binding decisions. Before any mediated settlement is 710 binding, the parties to the dispute must agree to the settlement, in writing. The 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 CBS4-6-r5. CONTRACT TO BUY AND SELL REAL ESTATE (LAND) I0r28ROt 6 Burn tai setter initials Palle l4 of IS DocuSign Envelope ID: 31F30DC4-6ED8-488D-82C2-473DD9779FC8 DocuSign Envelope 83: 7E3D! O1D-0FF0.4249.8A17-4CEM2FAESI2 712 dispute is not resolved within thirty days of the date written notice requesting mediation is delivered by one party to the other at 713 that party's last known address (physical or electronic as provided in § 27). Nothing in this Section prohibits either party from 714 filing a lawsuit and recording a Its prndens affecting the Property, 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 herein, Earnest Money Holder must release the Earnest 717 Money following receipt of written mutual instructions, signed by both Buyer and Seiler. 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 options; (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 costa 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 case number of the 723 lawsuit (Lawsuit) within one hundred twenty days of Earnest Money Holder'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 Lawsuit, and hag 725 not interpled the monies at the time of any Order, Earnest Money Holder must disburse the Earnest Money pursuant to the Order 726 of the Court. The parties reaffirm the obligation of Mediation. This Section will survive cancellation or termination of this 727 Contract. 728 25. TERMINATION. 729 25.1. Right to Terminate. If a party has a right to terminate, as provided in this Contract (Right to Terminate), the 730 termination is effective upon the other party's receipt of a written notice to terminate (Notice to Terminate), provided such written 731 notice was received oft or before the applicable deadline specified in this Contract. If the Notice to Terminate is not received on or 732 before the specified deadline, the party with the Right to Terminate accepts the specified matter, document or condition as 733 satisfactory and waives the Right to Terminate under such provision. 734 25.2. Effect of Termination. In the event this Contract is terminated, all Earnest Money received hereunder will be 735 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 thereto, whether oral or written, have been merged and integrated into this Contract. No subsequent modification of any of the 739 terms of this Contract is valid, binding upon the parties, or enforceable unless made in writing and signed by the parties. Any right 740 or obligation in this Contract that, by its terms, 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. Physical Delivery and Notice. Any document, or notice to Buyer or Seller must be in writing, except as provided in 744 § 27.2, and is effective when physically received by such party, any individual named in this Contract to receive documents or 745 notices for such party, the Broker, or Brokerage Finn of Broker working with such party (except any notice or delivery after 746 Closing must be received by the party, not Broker or Brokerage Firm). 747 27.2. Electronic Notice. As an alternative to physical delivery, any notice, may be delivered in electronic form to Buyer 748 or Seller, any individual named in this Contract to receive documents or notices for such party, the Broker or Brokerage Firm of 749 Broker working with such party (except any notice or delivery after Closing must be received by the party, not Broker or 750 Brokerage Firm) at the electronic 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) email 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 Fax No. of the recipient 754 27.4. Choice of Lave. This Contract and all disputes arising hereunder are governed by and construed in accordance with 755 the laws of the State of Colorado that would be applicable to Colorado residents who sign a contract in Colorado for real property 756 located in Colorado, 757 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 parry receives notice of such acceptance pursuant to § 27 on or 759 before Acceptance Deadline Date and Acceptance Deadline Time. If accepted, d, this document will become a contract between 760 Seller and Buyer. A copy of this Contract maybe executed by each party, separately, and when each party has executed a copy 761 thereof, such copies taken together are deemed to be a full and complete contract between the parties. 762 29. GOOD FAITH. Buyer and Seller acknowledge that each party has an obligation to act in good faith including, but not CBS4-6.15. CONTRACT TO SUY AND SELL REAL ESTATE (LAND) 10RE17014 t 1:09 ltuytr Sere tetdals Page is of in DocuSign Envelope ID 31F30DC4-6ED8-488D-82C2-473UD9779FC8 DomStgn Envelope t0: 7E3DFBtO-0FF0-4249-BA17-4C5A82FA9512 763 limited to, exercising the rights and obligations set forth in the provisions of Financing Conditions and Obligations, Title 764 Insurance, Record Title and Off -Record Title, New ILC, New Survey and Property Disclosure, Inspection, Indemnity, 765 Insurability, Due Diligence, Buyer Disclosure and Source of Water. 766 ADDITIONAL PROVISIONS AND ATTACHMENTS 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 31.2. The following disclosure forms are attached but arc not a part of this Contract: 785 N/A 786 787 788 789 790 SIGNATURES Buyer's Natne: Outworld Property Investment, LLC r—aew fir `--aCiiASFP -. 10/28/2016 Buyer's Signature Brian Foliar Address: 8215 Cattail Drive Niwot, CO 80503 Phone No.: N/A Fax No.: N/A Email Address: bgfuller. outworldegmail . corn Date 791 [NOTE: If this offer is being countered or rejected, do not sign thb document. Refer to § 32] Seller'sNaDe; Longmont Vista" View 4041 Estate, Inc Scllcr'S S atban Lapin CeS4.6-IS CONTRACT TO BUY AND SELL REAL ESTATE (LAND) 10211201611:09 Pace 1s of 1$ Buyer tnitisl& Seller taltlsis DocuSign Envelope ID: 31F30DC4-6EO8-488D-82O2-473DD9779FC8 DoneSign Envelope 10: 7E3DFB1D-OFF0-4249.EA17-4C5A82FAB512 Address: 2200 Rittenhouse Street 4175 Des Moines, IA 50321 Phone No.: N/A Fax No.: N/A Email Address: N/A 792 793 32. COUNTER; REJECTION. This offer is ❑ Countered O Rejected. 794 Initials only of party (Buyer or Seller) who countered or rejected offer 795 END OF CONTRACT TO BUY AND SELL REAL ESTATE 33. BROKER'S ACKNOWLEDGMENTS AND COMPENSATION DISCLOSURE. (To be completed by Broker working with Buyer) Broker O Does Q Does Not acknowledge receipt of Earnest Money deposit and, while not a party to the Contract, agrees to cooperate upon request with any mediation concluded under § 23. Broker agrees that if Brokerage Fum is the Earnest Money Holder and, except as provided in § 24, if the Earnest Money 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 instructions. Such release of Earnest Money will be made within five days of Earnest Money Holder's receipt of the executed written mutual instructions, provided the Earnest Money check has cleared. Broker is working with Buyer as a ® Buyer's Agent O Seller's Agent O Transaction -Broker in this transaction. ❑ This is a Change of Status. BrokerageFirm's compensation or commission is to be paid by ] Listing Brokerage Firm O Buyer O Other N/n. Brokerage Firm's Name: LIV Sotheby's Intl Realty Broker's Name: Jeffery Erickson Address: Phone No.: Fax No.: Email Address: --ooa.,arpbw by: tri(csoUt `—euas-tierocarc- 10/28/2016 Broker's Signature: 1050 Walnut St Sto 100 Boulder, CO 80302 (303) 443-6161 (303) 443-8822 jefferickson@sothebysrealty.cori Date 34. BROKER'S ACKNOWLEDGMENTS AND COMPENSATION DISCLOSURE. (To be completed by Broker working with Seller) Broker O Does ® Does Not acknowledge receipt of Earnest Money deposit and, while not a party to the Contract, agrees ro cooperate upon request with any mediation concluded under § 23. Broker agrees that if Brokerage Firm is the Earnest Money Holder and, except as provided in § 24, if the Earnest Money 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 Monty as directed by the written mutual instnicdons. Such release of Earnest Money will be made within five days of Earnest Money Holder's receipt of the executed written mutual instructions, provided the Earnest Money check has cleared. Broker is working with Seller as a Q Seller's Agent O Buyer's Agent O Transaction -Broker in this transaction. CB54.845. CONTRACTTOBUY AND SELL REAL ESTATE (LAND) I0/21/201611.09 Buyer btillatt�--= Saner initials ease 17 of 15 DocuSign Envelope ID: 31F30DC4-6ED8-488D-82C2-473DD9779FC8 DecuS'on Envelope l0 7E3OF81D-OFF0-4249.8A17-4C5M2FAB812 ❑ This is a Change of Status. Brokerage Firm's compensation or commission is to be paid .i ® er 0 Buyer 0 Other N/A. Brokerage Firm's Name: r' t Kingdom — Broker's Name: Hunt Address: Phone No.: Fax No.: Email Address: 796 ignalere: 21 f Kan Pratt Blvd #100 Longmont, CO 80501 (303) 776-3344 (303) 776-3311 dhunt@wkre. com Zo14° CBS4-6-166. CONTRACT TO BUY AND SILL REAL ESTATE (LAND) 101781201611:09 Buyer inlW Seller Initials Page 77 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 5. Prohibited Uses. Notwithstanding the forgoing, Tenant shall not use the Leased Premises for the purposes of storing, manufacturing or selling any explosives, flammables or other inherently dangerous substance, chemical, thing or device, unless approved in writing by Landlord. 6. Sublease and Assignment. a) Tenant shall have the right with Landlord's consent, to assign this Lease to a business with which Tenant may merge or consolidate, to any subsidiary of Tenant, to any corporation under common control with Tenant, or to a purchaser of a controlling equity interest in the Tenant or substantially all of Tenant's assets. b) Except as set forth above, Tenant shall not sublease all or any part of the Leased Premises, or assign this Lease in whole or in part without Landlord's consent. 7. Repairs. During the Lease term, Tenant shall make, at Tenant's expense, all necessary repairs to the Leased Premises. Repairs shall include such items as routine repairs of floors, walls, ceilings, and other parts of the Leased Premises damaged or worn through normal occupancy, except for the replacement of major mechanical systems or the roof, subject to the obligations of the parties otherwise set forth in this Lease. The Landlord shall, at the Landlord's expense, maintain any portion of the Premises consisting of structural elements of the Leased Premises. 8. Alterations and Improvements. Tenant, at Tenant's expense, shall have the right, upon obtaining Landlord's consent, to remodel, redecorate, and make additions, improvements and replacements of and to all or any part of the Leased Premises from time to time as Tenant may deem desirable, provided the same are made in a workmanlike manner and utilizing good quality materials. Tenant shall have the right to place and install personal property, trade fixtures, equipment and other temporary installations in and upon the Leased Premises, and fasten the same to the premises. All personal property, equipment, machinery, trade fixtures and temporary installations, whether acquired by Tenant at the commencement of the Lease term or placed or installed on the Leased Premises by Tenant thereafter, shall remain Tenant's property free and clear of any claim by Landlord. Tenant shall have the right to remove the same at any time during the term of this Lease provided that Tenant shall repair, at Tenant's expense, all damage to the Leased Premises caused by such removal. 9. Property Taxes. Landlord shall pay, prior to delinquency, all general real estate taxes and installments of special assessments coming due during the Lease term on the Leased Premises, and 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 shalt 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 I eased Premises in such amount, as Landlord shall deem appropriate. Tenant shall be responsible, at its expense, for fire and extended coverage insurance on all of its personal property, including removable trade fixtures, located in the Leased Premises. c) Tenant and Landlord shall, each at its own expense, maintain a policy or policies of comprehensive general liability insurance with respect to the particular activities of each in the Leased Premises with the premiums thereon fully paid on or before due date. Such insurance policy shall be issued by and binding upon an insurance company reasonably approved by Landlord, and shall afford minimum protection of not less than One Million Dollars (USD $1,000,000.00) combined single limit coverage of bodily injury, property damage or combination thereof. Upon request, Tenant shall provide Landlord with current Certificates of Insurance evidencing Tenant's compliance with this Paragraph Landlord shall be named as an additional insured under Tenant's policies of insurance under Tenant's policies of insurance to the extent Landlord is indemnified pursuant to the indemnification provision in this Lease. d) Except as otherwise expressly provided in this Lease, Tenant and Landlord shall defend, indemnify and hold each other harmless from and against all claims, liability, loss and expense, including reasonable costs, collection expenses, legal fees, and court costs which may arise because of the negligence, misconduct, or other fault of the indemnifying party, its agents or employees in performance of its obligations under the Lease. Notwithstanding the foregoing, with respect to property damage, for which the parties maintain a system of coverage on their respective property, each party hereto waives its rights, and the rights of its subsidiaries and affiliates, to recover from the other party hereto and its subsidiaries and affiliates for loss or damage to such party's building, equipment, improvements and other property of every kind and description resulting from fire, explosion or other cause normally covered in standard broad form property insurance policies. This clause shall survive termination of the Lease. 11. Utilities. Tenant shall pay all charges for water, sewer, gas, electricity, telephone and other services and utilities used by Tenant on the Leased Premises during the term of this Lease unless otherwise agreed in writing by Landlord. In the event that any utility or service provided to the Leased Premises is not separately metered, Landlord shall pay the amount due and separately invoice Tenant for Tenant's pro rata share of the charges. 12. Signs. Following Landlord's consent, Tenant shall have the right to place on the Leased Premises, at locations reasonably selected by Tenant, any signs which are permitted by applicable zoning ordinances and private restrictions. Landlord may refuse consent to any proposed signage that is in Landlord's reasonable opinion too large, deceptive, unattractive or otherwise inconsistent with or inappropriate to the Leased Premises. Landlord shall assist and cooperate with Tenant in obtaining any necessary permission from governmental authorities or adjoining owners and occupants for Tenant to place or construct the foregoing signs. Tenant shall repair all damage to the Leased Premises resulting from the removal of signs installed by Tenant. 13. Entry. Landlord shall have the right to enter upon the Leased Premises at reasonable hours to inspect the same, provided Landlord shall not thereby unreasonably interfere with Tenant's business on the Leased Premises. 14. Parking. During the term of this Lease, Tenant shall have the non-exclusive use in common with Landlord, other tenants of the Building, their guests and invitees, of the non - reserved common automobile parking areas, driveways, and footways, subject to rules and regulations for the use thereof as prescribed from time to time by Landlord. Landlord reserves the right to designate parking areas for Tenant and Tenant's agents and employees. Tenant shall provide Landlord with a list of all license numbers for the cars owned by Tenant, its agents and employees. 15. Building 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 part thereof or any appurtenance thereto is so damaged by fire, casualty or structural defects, such damage or defects not being the result of any act of negligence by Tenant or by any of Tenant's agents, employees or invitees, that the same cannot be used for Tenant's purposes, then Tenant shall have the right within ninety (90) days following damage to elect by notice to Landlord to terminate this Lease as of the date of such damage. In the event of minor damage to any part of the Leased Premises, and if such damage does not render the Leased Premises unusable for Tenant's purposes, Landlord shall promptly repair such damage at the cost of the Landlord. In making the repairs called for in this paragraph, Landlord shall not be liable for any delays resulting from strikes, governmental restrictions, inability to obtain necessary materials or labor or other matters which are beyond the reasonable control of Landlord. Tenant shall be relieved from paying rent and other charges during any portion of the Lease term that the Leased Premises are inoperable or unfit for occupancy, or use, in whole or in part, for Tenant's purposes. Rentals and other charges paid in advance for any such periods shall be credited on the next ensuing payments, if any, but if no further payments are to be made, any such advance payments shall be refunded to Tenant. The provisions of this paragraph extend not only to the matters aforesaid, but also to any occurrence which is beyond Tenant's reasonable control and which renders the Leased Premises, or any appurtenance thereto, inoperable or unfit for occupancy or use, in whole or in part, for Tenant's purposes. 17. Default. In the event of a default made by Tenant in the payment of rent when due to Landlord, Tenant shall have fifteen (15) days after receipt of written notice thereof to cure such default. In the event of a default made by Tenant in any of the other covenants or conditions to be kept, observed and performed by Tenant, Tenant 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 WHEREOF, the parties have executed this Lease as of the day and year first above written. LANDLORD Outworld Property Investment, LLC By: _ Title: Ni,l-i & as AL, ' L - C t O Pr ri.c(-, L ( . Date: S/i /Zvi TENANT Tappist Munks,LLC By: j 11C� Title:��hdl�rt'.rs /I �tt-fl�,�i i11tltlics L Date: c( /'zi r• Ltctr.i Cts j Pgritt _ _ w � -- LA k -N � u p)tt.tu4 ) • 3- 111 Ft/viz tvif `.r ft ( it L ((Tic& 4 -CA 4ct' ; LiCtNSt4(lt4--4L�tt�" PcMv - Lu s-tC1 (6g11- Cit/-A Cat ~7 r 4(c ?t4t'. 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Mil ea Mae qtr NOTES a cast ern at ca n as OD *awe 0W ella[ •e0 ,alraar 04 am a MS a Ras atr Aso- MS •a�Istan -ac_no aasawat Sfl u -an ta+s•oas aas aaaO w M MISIAllfled a -I► •• tsm P0a ht-a'vA••]• tJ-P o S 001;1 • mei M •.•a0►a aeeafl w a •! a !•S MI up It 1 W.. eao• a la — •-1 saw. apat • also -•a r SS -.louv r, .coawr A nt al aW s -• of wt man. Ara o• ass era aml COS rma ,ya 1 OtrOw Wass sls/MS s M M CMa- •wse aru nq s Amer• M -r— so of nets .• 4n ASS M -e MOPS a • as SOO Iaauut•tts •as w Os worn a+ Casa -•1 Punta etaaClue I.Ka • an MOON •aa►s a • .s ___a�am-w• . d- Lamp Olt• - & s! sw� a INC NOS aa• tt 1 areal awl US i— are ac,s la Ina M aa•a•: 11.11 sae 7e COOS Yale asu) a cos, tow •••••,+••w MOW CAM • CL • Oa•0a ala�w SURRET'OR's CERTIFICATE: • Sr r •at S a0S0 -__ __saaa -t ran 1a • —r Or w a art asSINIIII a!/ as l Sal as a • ----i tar- nag aS a camas core t mall MAR rar eaa w aaans• as _• atlas app CIS is]s aw • evict mina u a 4 s� -Las _ . '1 a, • r ♦ _ a t _ kr tiatteamit gtetiviti Its; 1�o P ��;� octets4.ub isp _ Polar/ La Li Pv 6kte- Weteo1Mt figcr Ftevta A« &h_7 TM NOM C me K`'1 A cons, o.., ly eTAt siT 154").(1 R.w• ik.floMplisc. Accts g Mb t 12-00 as / ?AV Ee n1 :tact sapt tat..AL 4L4 &a 1 Pea smst ON/WORD KEY PLAN 1. 8 C D 4- A 1 I LEVEL 2 3/3r = 1'-0' 1 r saIta n4A1IR S3'4117 ti \0 aD 4 /41 t .1 2 I F } 41'41 Batt fella uc. [RI Hi ST H1 BT 1 -4 a 6 a r 0:JaM4 ARCHITECT vwvw-rbbarchitectc.com RBB 315 East Mountain Ave Sun 100 Foct Cd kns. CO $0524 T-970.484.0117 F - 970.484.0264 O 2016 PROMO INFORMATION OUTWORLD BREWING CUENT NAME STREET ADDRESS CITY, ST 00000 L qm awt . 000..01 • 4 4 I 4 SHEET INFORMATION SHEET NAME: FLOOR PLAN - LEVEL 2 PROJECT is 1610 DATE: 5/27/2O16 INT. wh KEY PLAN I r _ lof-o. RBB A C tier.'Ica 4c Enfry ear Net Lockko Al 1 S. D z D LEVEL 1 3,/32' = i'-0' 315 East Mountain Ave Suitt 100 Fon Collins, CO 80624 T - 970.484.0117 F - 970.484.0268 O 2016 0 4 !: l:/7 Se" c bh. 0 g•- F to I %/' t ,ry OUTWORLD BREWING CLIENT NAME STREET ADDRESS I CITY, ST (0000 u• -a:Ayr Cr 2 LT LT a.Ra RESTAURANT Cola BOTTLING LINE W fL,L I1 169 SE f.. 1 STORAGE 4S3 if 4lI at uwf L. FV FV FV FV COLD STORAGE 347 if is_ 4 - 3 Se" sows sanatotts 1885 sf BX/W! .4 a J dim ) �ra ur— E, !j tl3 TCrJ^1C10O tfl07'rriIi i)'"j`'( I 1 ) • • sr art // ttr: +ff-Cr5 LoctS Sr r / fAeT 4c ptS 4 S SHEET NAME: FLOOR PLAN - LEVEL 1 PROJECT K: 1610 DATE• 5/27/2016 503 ¶!iii# re L Di?gem - 2 colon -(,D 14}44.,, (8."444.4_ IDrcAwiNG. 9/2s -k.,16 w MINN AA6ifi Piteritab l6.t, pilaf Fej 15A1 3 c+.I,L 3 sloe, t�tn ;o„ P+y�,� Pap wpm TAbl..s.< rs /tmc IA* IuT4s,S ABo4e. TRPgs ?Esc, Aese, I I III 1 u6 aka 'e•=at 1,cr.4iP .644 MAUNA. O I Dint rw61� aA.s tfiteit WALK ^ 14 me Fe1140( bIk.1 a rieeEct 1 .11 �Z tr Lcl _ Nc .t , r i� - � :1I1 I �'. �k•+314 p r7 T ]1"Y , • I F � I II ate. d — ] I $ 1 — i - Wnxmo MN an 1--1 rl l --1 9 ---I ----I o -)I 2 gg nu OUTWORLD BREWING A101 A) The areas off limits to public access are indicated by the black and red diagonal lines The area to be used for Tap room/Tavern is free of diagonal lines, and is outlined in blue on Brewpub diagram -1 The Tap Room/Tavern is bounded by the bar on rts North side, the brewery on its North - East end, the East wall with its roll down doors to the back of the Tap Room, and the South wall that separates the brewpub from Unit A The tavern tap room merges with the lobby/foyer to the West (see Brewpub diagram -1) B) The areas that are accessible to the public are the lobby/foyer, tap room/tavern and with future renovation, a first floor dining room and bar on the mezzanine level To all other areas (i e those designated by diagonal lines in Brewpub diagram -1) including the kitchen, bussing and brewery premises, there will be NO public access, or limited public access via guided tours C) Public access to the brewing areas will be prevented by walls separating the brewery from the bar and tap room areas Key card access doorways will separate the area behind the bar (where no public is allowed) from the brewery In addition to physical barriers, enforced "behind the bar" perimeters, and key card access, the bar and brewery will be monitored via video surveillance External entrances to the brewery on the East end of the building will require card key access, as will entrance to the brewery from the "bussing hallway" D) Beer for tax determination will be stored in individually numbered and labelled ("for tax determination") brite tanks (see Brewpub diagram -2) Volumetric measurement will be performed via an in line electronic flow meter during bate tank filling, and checked against an on -tank glass sight gauge E) Flow meters and sight gauges must be accurate and within 0 5% each other and calibration standards Flow meters and sight gauges will be calibrated weekly, and results of calibration will be cataloged Records will include 1) Date of test, 2) Identity of meter and measuring device, 3) results of tests, 4) corrective action taken if necessary Tax determined beer will be stored in our production cold room (cold room 1, see Brewpub diagram -2) Daily survey of kegged or packaged beer in cold -room 1 will be compared to recorded measurements of tax determined brite tanks to insure that all TO beer will be distributed for sale (on or off -site), and to document that proper tax is being collected on beer destined for distribution Contents of cold room 1 will be monitored via a bar code generated beer distribution log Beer removed from cold room 1 for onsite sales will be scanned and designated or cataloged as "onsite sales", and its destination at Outworld will be further cataloged as Tap room, Bistro, or Bar Beer removed from cold room 1 for off -site sales will be scanned and cataloged as "offsite sale" with the precise destination of the keg (or case), beer type, and volume of beer cataloged upon removal from cold room 1 F) Beer on tap stored in cold room 2, or on tap in the Bistro or Bar areas will not be surveyed against bate tank records 7 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 covering 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 81 , •� . WELD COUNTY Sin ONLINE MAPPING Ta 9 gist Munks, LLC, c oa Outwork 3r WI n C USR-877AM4 BATCH PLANT & MINE 844.1 WGS 1984 Web Mercator Auxiliary Sphere c Weld County Colorado 422.03 1820 "1842 1868 USR-584 P TEMENT 1 N, SLID 844.1 Feet 2090'�i�� !21181Q 19.93 -2031 STORE Firestone USR-3 4)7AM_ 14 GRAVELXPI OMPOSTING 100 Year A USR-1234 TELE' MMUNICATIONS FA 100Y ar A 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 Brew Pub (County) Liquor License Legend ■ U 7-1 L_J Parcels USR - Uses by Special Review Floodplain - 500 Year Floodplain - 100 Year Zone A Floodplain - 100 Year Floodwa Floodplain - 100 Year Zone AE Floodplain - 100 Year Zone AI- Floodplain - 100 Year Zone AC Highway County Boundary Notes Mil` WELD LD COUNTY ONLINE MAPPING Tappist • Munks, LLC, dba Outworld Brewing ....... , �_ _!` 20110, --- , ` 3498 • ; - ':1842 r �, r ,,� . �� 11,174: 187x7 ..:.,; vs �- 2062 11,166 �� v'esa72O99%1'868 ••_, 11.1,5 "a M •Y 21184 I 113 0 a - .r► .� 1886 1915 • '� .►: • • �• 4 . �c x2138 +r. �.... _ _ -1908 �,r, .. ,Y. 192 •• ..---_,;%. 1993/ 2031, >, - ,� Legend 9 Firestone '�940� �`, , • �_ .,.�_ :_' ls Pa::ain500 1962:' - ' r, - :. �. i s �„ 1990. � mac•, , .� .... 2046' 42068 $ � - �► Flood - lain100 Year Year Zone A • ♦ : - ._. _. _ -'s4- - • ... Flood p lain - 100 Year Floodwa oodwa x . - ..,...�..r. - _ _- -� - �. "- ,, ... -�...�..� ........ ..: - F I d oo p ain I - 100 Y Z A E ear one Floodplain 100 Year Zone AIGE!WAY'119 - EB-HIGHWAY 119 :,,,,,,• ,, :;, Al- We .. . •°.r -' Floodplain - 100 Year Zone AC , .. _ :. Firestone • _ . ^ ' [ .fw• 1_-.'Ir �. 1 _ w t•. -. ... w Y--� _ n .mo -.°4 119 ... �� •'• ._.__.- ' A .� - ----„,--7. - .. .. _Y i_----_- .HjGH11V � AY 119 Highway ,�� .>. E B �� _"`" -' �; > Q .. �- s. :�, .,• �,,� i �"� ��' ` - � 17�,c . : ` L�; County Boundary .� i a.• h1611 .:, {� —� '� .^, _ 1567,_ , .., R .. �;_� 1767 .+., 1531 et 1 � ,� � r•� 1.1821 - . • 14. . ,t • • � 1 I rr sr sic ,rte., � {, � F * 1877 •+� - � N 1k0.939 A , ,, "! •►; • ' > ` f,,► ,,,,,.L 1 � . �i11� • 418854‘ • ,4.,,,�,,,, . •� � -- . _ �/ISTA VIEW'DR"�"'"JiTs: 1 �4 «(� kaSS �_ .tea •is••.t. wl1 ��.. 1� .a h .. 'i•' P •� r. - Irtch .16 ,►� M ,�_�...--- 1�1ls3Oti61o' 1845 �- s. -r �: -4,..f •7 •• i •t�1 . -, 4 ♦ 7�• „. •• ligiL + ` , Q _.:46, • � - '� _ *ga1567-I . �� - ' . • �••l • a * -P s• - •.ter . ' ' -�-y •1 ��t . �'"' S K•YVUAY D R = r _ 'Ih 1 8 •. _ ;•ktIIPlbS\t1.� f ' Q� 1;8.;2 #�� 'i. ,, _ _. 1680 ^� •e �,. .�`'. n -- 710 ,. , r # :. 1780 ,18» - 8,?� • G -�- � , �,) ►� Longmont •�,bt. 1610: 1650. • , .,� t' ,1530 •.�,f :• ,� ,t , :,�• .'3 V. ,r�#� ,.l 566 ♦ K t I ,.�� .'-'• ,. �' �1 �2.�G 182 Z� .�, . 100 Year A• t ! .""" - - - raj `• ,...j ._om.,.-•. if� -,,�• Lonc mon t �.,� - �. h _ � 1-. •i ' 00 Year ' `.� . _ r , � - -' , _. �: ,. 1: 5,064 Notes h e ... . ,!•'fir •+- ,. . - 844.1 0 422.03 844.1 Feet This map is a user generated static output from an Internet mapping site and is for Brew Pub (County) Liquor License WGS 1984 Web Mercator c Weld County Colorado reference only. Data layers that Auxiliary_ Sphere THIS appear on this MAP IS NOT map current, TO BE may or may not be accurate, or otherwise reHhii USED FOR NAVIGATION 5!1,11, WELD awnTappist COUNTY Mur�ks LLC dba Outworld _ Brewing ` 119 EB - HIGHWAY - _ _ { : Firestone HI�H�y - . , ,� , Y 11 S T Firestone 7 1 t I ♦ _ �j��- ♦ -"•_ el W �{ 1l '.i. r J yy�. 'rfi - •1. r ♦ slook ., t - .�' I. s_l�jt. icy :r. ►, •� Ark �, �' �J 7 , • - y,�.. :,: •,....~ ti }.. ^.^Y..» ,` ,..,. — T! n r _ �Mrr •` +r- � 1 Ian•! Cul"� a.•+ ': • r : �{ / v 'Y > r .f _ ,/ s� -h » mot. i� %ri ' . �• "'' i r -1 _. .. � ,,. 14 rr . Y Z •ice t. _ Parcels lit :,,--It '.�„ cl •- Floodplain - 500 Year ��. Floodplain 100 Year Zone A J - _t�• std, - _ \:4k ....Y. �_ s, r- wrI . ,W. .ice �. '� `. _ _ .. 1 '� '... ,t >.. _� - , ,�,' �\ Floodplain — 100 Year Floodwa •, '., Floodplain 100 Year Zone AE 1 a4 ,\ _ sk• ' - j- s , '. } " . T ! . Floodplain - - 100 Year Zone A� •' ' •. i '- I r Z ° f ; 4 s Flood p lain - 100 Year Zone AC s r- r • .4 M - 41 _. Highway •u� t al , -�,— x .7` 5 *? • 1767 - i._� County Boundary .r 4351:4) 45 .. r."- r� 1725' _ — pf titr SA -, 1725 #3 -.wis _.. . P • ' •r Y 1821 car-• t 7 •r _.---__---- _� - a .. -. *Wm" VISTA ___� .._ DR • -... . , . .4 ., , yffir-,-- .. .‘ . . . yr #1 ,i , • . . . �` _ a .. s. ill) y �i 1736 J ` 1. 1,266 0 Notes 211.0 0 105.51 211.0 Feet This map is a user generated static output from an Internet mapping site and is for Brew Pub (County) Liquor License WGS c Weld reference only. Data layers that 1984 Web Mercator Auxiliary Sphere County Colorado THIS appear MAP on this IS NOT TO map may or may not be accurate, current, or otherwise reliable BE USED FOR NAVIGATION WELD COUNTY ONLINE MAPPING Ta a Gist Munks, LLC, c oa Outwork 3rewing 1725 #6 1725 #5 Rim 105.5 WGS 1984_ Web Mercator_ Auxiliary Sphere c Weld County Colorado 52.75 105.5 Feet This map is a user generated static output from reference only Data layers that appear on this THIS MAP IS NOT an Internet mapping site and is for map may or may not be accurate, current, or otherwise reliable. TO BE USED FOR NAVIGATION Brew Pub (County) Liquor License Legend a Parcels 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 Highway County Boundary Notes 3/4/2019 Property Report Weld County PROPERTY PORTAL Property Information (970) 400-3650 Technical Support (970) 400-4357 Account: R1177802 March 4, 2019 Account Information Parcel Space Account Type Tax Year TAccount Buildings F Actual Value Assessed Value R1177802 131308109002 Industrial 2019 1 357,960 103,810 Legal VBC UNIT 2 VISTA BEACON CONDOS Subdivision Block Lot Land Economic Area VISTA BEACON CONDO f 2 VISTA BEACON CONDOS Property Address Property City Zip Section Township Range 1725 VIEW UNIT VISTA B DR WELD 000000000 08 02 68 Owner(s) Account Owner e Name a e Address R1177802 INVESTMENT OUTWORLD PROPERTY LLC 8215 CO CATTAIL 805037285 DR NIWOT, Document History https://propertyreport.co.weld.co.us/?account=R1177802 1/7 3/4/2019 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 2292346 06-18-1992 COZ WELD COUNTY ZONING CASE: ZONING 1, PUD Z-465 l- 0.00 0 C-3, 05-04-2001 il SPR SITE REVIEW PLAN SPR-342 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 10-06-2009 175,100 4190765 03-28-2016 WD ACME INVESTMENTS LLC INVESTMENT OUTWORLD PROPERTY LLC 110.00 03-25-2016 1,100,000 2866106 SUB SUBDIVISION VISTA BEACON CONDOS 0.00 0 Building Information Building 1 AccountNo Building ID Occupancy R1177802 1 Warehouse ID Type NBHD Occupancy % Complete Bedrooms Baths Rooms 1 Condo 3921 Warehouse 100 0 0 0 https://propertyreport.co.weld.co.us/?account=R1177802 2/7 3/4/2019 Property Report ID Exterior Roo Cover Interior HVAC Perimeter Units Unit Type Make 1 Shed Space Heater 536 6 Inside ID Square Ft Condo SF Total SF Basement 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 Buildin1 ID Built As Square Ft Year Built Stories Length Width 1.00 Industrial Mall Building Flex 2,983 2001 1 0 0 No Additional Details for Building 1 Valuation Information 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 For Single Family Residential Houses, search for sales of similar properties using our Property Portal. Tax Authorities https://propertyreport.co.weld.co.us/?account=R1177802 3/7 3/4/2019 Property Report Tax Area District ID Name Mill CuDistrict Levy �Y 2342 1050 HIGH PLAINS LIBRARY 3 252 2342 0311 LEFT HAND WATER 0 000 2342 1202 LONGMONT CONSERVATION 0 000 2342 0512 MOUNTAIN VIEW FIRE RESCUE DISTRICT 16 247 2342 0301 (NCW) NORTHERN COLORADO WATER 1 000 2342 0213 SCHOOL DIST RE1J-LONGMONT 56 385 2342 0303 (SST R)AIN LEFT HAND WATER 0 156 2342 0620 ST VRAIN SANITATION 0 519 2342 0100 WELD COUNTY 15 038 Total - - 92 597 Photo https //propertyreport co weld co us/?account=R1177802 4/7 3/4/2019 Property Report I leps _ - t _. L 41 ►f 43(716. nay IPIZT% r+ _ ISM 1111 Building 1 • • 1 r S Sketch https://propertyreport.co.weld.co.us/?account=R1177802 5/7 3/4/2019 Property Report .". I. t.. 44111.4.° 180' O a, y -- 187C' 100 0' 7_,n t ` O S �r 102.0' 148.7 892.2 sf 188T o 14 0' Building 1 Page 1 ego• 27 0' b o fV CO op ti Sprinkler System 63 0' 31 0' Vista View Drive i no IIIIIIIII:II11 R/RJR/R Batting Cage Fence Building 1 Page 2 Lir https://propertyreport.co.weld.co.us/?account=R1177802 6/7 3/4/2019 Property Report Weld County PROPERTY PORTAL Property Information (970) 400-3650 Technical Support (970) 400-4357 Account: R1177902 March 4, 2019 Account Information Account Parcel Space Account Type Tax Year Buildings - Actual Value Assessed Value R1177902 _ 131308109003 Industrial 2019 1 357,960 103,810 1 Legal VBC UNIT 3 VISTA BEACON CONDOS Subdivision Block Lot Land Economic Area VISTA BEACON CONDO 3 VISTA BEACON CONDOS Property Address Property City Zip Section Township Range 1725 VIEW UNITC VISTA DR WELD 000000000 08 02 68 Owner(s) Account 1 Owner Name Address h- R1177902 INVESTMENT OUTWORLD PROPERTY LLC 8215 CO CATTAIL 805037285 DR NIWOT, Document History https://propertyreport.co.weld.co.us/?account=R1177902 1/7 3/4/2019 Property Report Reception Rec Date Type Grantor Grantee Doc Fee Sale Date Sale f Price 12-27-1983 ' USR USE SPECIAL REVIEW BY USR-584 IMPLEMENT STORE FARM 0.00 0 2292346 06-18-1992 COZ WELD COUNTY ZONING CASE: ZONING 1, PUD Z-465 I- 0.00 0 C-3, 05-04-2001 SPR SITE REVIEW PLAN SPR-342 0.00 0 2866107 07-16-2001 SWD i 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 INVESTMENTS ACME LLC INVESTMENT OUTWORLD PROPERTY LLC 110.00 03-25-2016 1,100,000 2866106 SUB I SUBDIVISION VISTA BEACON 0.00 0 CONDOS Building Information Building 1 AccountNo Building ID Occupancy R1177902 j 1 - Warehouse ID Type NBHD Occupancy % Complete Bedrooms Baths Rooms 1 Condo 3921 Warehouse 100 0 0 0 https://propertyreport.co.we d.co.us/?account=R1177902 217 3/4/2019 Property Report ID Exterior Roof Cover Interior HVAC Perimeter Units Unit Type Make 1 Shed Space Heater 536 6 Inside ID Square Ft Condo SF Total Basement SF FinishedI 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 Built As Square Ft Year Built rID Stories Length Width 1 1.00 Industrial Office Space Interior 2,983 2001 1 0 0 Additional Details for Building 1 ID Detail Type Description Units 1 Mezzanine Finished 1,000 Valuation Information TypeDescription yp Code 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 1 I 0 For Single Family Residential Houses, search for sales of similar properties using our Property Portal. Tax Authorities https://propertyreport.co.weld.co.us/?account=R1177902 3/7 3/4/2019 Property Report Tax Area ID Name CuDistrict Le went Mill Levy dY 2342 1050 HIGH PLAINS LIBRARY 3 252 2342 0311 LEFT HAND WATER 0 000 2342 1202 LONGMONT CONSERVATION 0 000 2342 0512 MOUNTAIN VIEW FIRE RESCUE DISTRICT 16 247 2342 0301 (NCW) NORTHERN COLORADO WATER 1 000 2342 0213 SCHOOL DIST RE1J-LONGMONT 56 385 2342 0303 (SVWPRAIN LEFT HAND WATER 0 156 2342 0620 ST VRAIN SANITATION 0 519 2342 0100 WELD COUNTY 15 038 Total - - 92 597 Photo https //propertyreport co weld co usPaccount=R1177902 4/7 3/4/2019 Property Report r i n IMO • • Building 1 No- Sketch https://propertyreport.co.weld.co.us/?account=R1177902 5/7 3/4/2019 Property Report r O a 18.0' Sketch by Apra Sketch ED N 1870' 102.0' 1000' 1487' Concrete C E 892 2 sf co 188.7' 14.0' • 4.04141.rnalk, Building 1 Page 1 63.0' Ara •-� 27 0' b 0 a) Q m cc Tz I - Sprinkler System 31.0' ...................600..4.... ' i N Mezzanine Zn 1000.0 sf 40 120' R/ R OUTNORLD BREWING Sketch by -Apr( Sketch Building 1 Page 2 U, N https://propertyreport.co.weld.co.us/?account=R1177902 6/7 3/4/2019 Property Report nit Weld County PROPERTY PORTAL Property Information (970) 400-3650 Technical Support (970) 400-4357 Account: R1178002 March 4, 2019 Account Information Account Parcel Space Type Account Tax Year Buildings Actual Value Assessed Value R1178002 131308109004 Commercial 2019 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 p y Zip Section Township Range LUNITD 1725 VIEW VISTA DR WELD 000000000 08 02 68 Owner(s) Account Owner Name Address L R1178002 OUTWORLD INVESTMENT PROPERTY LLC 8215 CO CATTAIL 805037285 DR NIWOT, Document History https://propertyreport.co.weld.co.us/?account=R1178002 1/7 3/4/2019 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 2292346 06-18-1992 COZ WELD COUNTY ZONING CASE: ZONING 1, PUD Z-465 I- 0.00 0 C-3, 05-04-2001 SPR SITE REVIEW PLAN SPR-342 0.00 0 2866107 07-16-2001 SWD VISTA BEACON LLC MARTIN CLAYTON SARAH & 86.67 07-10-2001 866,700 3027889 01-29-2003 WD MARTIN CLAYTON SARAH & RPL LLC LEASING 20.75 01-20-2003 207,500 I 3653594 10-12-2009 WD RPL LLC LEASING INVESTMENTS ACME LLC 26.75 10-06-2009 267,500 4190765 03-28-2016 WD INVESTMENTS ACME LLC INVESTMENT OUTWORLD PROPERTY LLC 110.00 03-25-2016 1,100,000 2866106 SUB SUBDIVISION VISTA BEACON 0.00 0 CONDOS Building Information Building 1 AccountNo Building ID Occupancy R1178002 1 Warehouse ID Type NBHD Occupancy % Complete Bedrooms Baths Rooms 1 Condo 3921 Warehouse 100 0 0 0 https://propertyreport.co.weld.co.us/?account=R1178002 2/7 3/4/2019 Property Report 1 Exterior Roo Cover Interior HVAC Perimeter Units Unit Type Make Shed Package Unit 536 6 Inside L ID Square Ft Condo , SF Total SF Basement 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 9 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 Valuation Information Type Code Description I Actual Value Assessed Value Acres Land SqFt Imprcvement 2245 ii I COMMERCIAL CONDOS 357,960 103,810 ; 0.000 r + 0 Totals - - 357,960 103,810 t 0.000 I 0 For Single Family Residential Houses, search for sales of similar properties using our Property Portal. Tax Authorities https://propertyreport.co.weld.co.usPaccount=R1178002 3/7 3/4/2019 Property Report Tax Area District ID District Name Current Mill Levy 2342 1050 HIGH PLAINS LIBRARY 3 252 2342 0311 LEFT HAND WATER 0 000 2342 1202 LONGMONT CONSERVATION 0 000 2342 0512 MOUNTAIN VIEW FIRE RESCUE DISTRICT 16 247 2342 0301 NORTHERN COLORADO WATER (NCW) 1 000 2342 0213 SCHOOL DIST RE1J-LONGMONT 56 385 2342 0303 (SSPRAIN LEFT HAND WATER SVW) 0 156 2342 0620 ST VRAIN SANITATION 0 519 2342 0100 WELD COUNTY 15 038 Total - - 92 597 Photo https //propertyreport co weld co usPaccount=R1178002 4/7 3/4/2019 Property Report Sketch https://propertyreport.co.weld.co.us/?account=R1178002 5/7 3/4/2019 Property Report uJ U r-+ L cc (f) 18.0' Sketch by Apse Sketch 23132.0 sq. ft. O co r 187 0' 100 0' ,9811 9# l!u fl hs0688Z 25.0' zasfineaws a as 6- 119.3' 2983_0 sq. ft. N Unit #4 p 119.3' 2983.0 sq. ft. cNn Unit #3 P 119.3' 2983.0 sq. ft. tv O1 Unit #2 2 119.3' 25 0' 2889.0 sq. ft. Unit#1 VOA 15' 118.6' cr o O N t C D oncrete r E t�C 102.0' 148 7' co 892.0 sq. ft. 188 7' 14.0' Building 1 Page 1 27.0' o N o: 1 . ._ .. ate) a) U a Co 31.0' Sprinkler System 1 Vista View Drive Sketch by Apex Sketch 40' Mezzanine Finish 1000.0 sf 120.0' R/R R/R 0IJTW0RLD BREWING Building 1 Page 2 Its N https:/!propertyreport.co.welc.co.us/?account=R1178002 6/7 March 4, 2019 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: BRIAN FULLER TAPPIST MUNKS, LLC DBA OUTWORLD BREWING 1725 VISTA VIEW DRIVE UNITS B, C, AND D LONGMONT, CO 80504 RE: HEARING TO CONSIDER APPLICATION FOR RENEWAL OF A BREW PUB (COUNTY) LIQUOR LICENSE Dear Applicant: This is to advise you that the Weld County Board of Commissioners will hear your request for renewal of a liquor license at the property described as: 1725 Vista View Drive, Units B, C, and D, Longmont, Colorado 80504. The meeting is scheduled for Monday, March 25, 2019, at 9:00 a.m., in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Administration Building, 1150 O Street, Assembly Room, Greeley, Colorado 80631. If you have any questions concerning this matter, please do not hesitate to contact me at (970) 400-4213 or crempel@weldgov.com. Sincerely, Chloe A. Rempel Deputy Clerk to the Board cc: Weld County Attorney's Office Chloe Rempel From: Sent: To: Subject: Attachments: Good afternoon, Chloe Rempel Monday, March 4, 2019 2:57 PM Brian Fuller; 'Nicole Elgh'; Brenda Fuller NOTICE OF HEARING - Renewal Liquor License Application Notice of Hearing - Tappist Munks, LLC.pdf This is to advise you that the Weld County Board of Commissioners will hear your request for renewal of a liquor license. The meeting is scheduled for Monday, March 25, 2019, at 9:00 a.m. Please see the attached letter for further information (hard -copy to follow). If you have any questions concerning this matter, please do not hesitate to contact me. Sincere regards, Chloe A. Rempel Deputy Clerk to the Board Weld County 1150 O Street Greeley, CO 80631 tel: 970-400-4213 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. 1 WELD COUNTY LIQUOR LICENSE CERTIFICATE OF MAILING FIRST NAM BRIAN LONGMONT CO 80504 LAST NA FULLER TAPPIST MUNKS, LLC, DBA OUTWORLD BREWING 1725 VISTA VIEW DRIVE, UNITS B, C, AND D bgfuller.outworld@gmail.com; nicole.outworld@gmail.com; brenda.outworld@gmail.com I hereby certify that I have sent a notification of hearing date letter in accordance with the notification requirements of Weld County in the United States Mail, postage prepaid First Class Mail by letter as addressed on the attached list this 4th day of March, 2019. Chloe A. Rempel Deputy Clerk to the Board APPLICATION FOR RENEWAL OF A BREW PUB (COUNTY) LIQUOR LICENSE - TAPPIST MUNKS, LLC, DBA OUTWORLD BREWING 1 Receipts OL U 0 m c O U 0 a) a) CO O co c) 0 N- U o a m a) 0 a - a_ CD D O CO U CO O CO >m CO � a)2 0 C.) 2 8 - - m Q) O o_ 0 RECEIPT DATE (:)/&/ Caor19 . OW PAID CASH CHECK 7 a) \CbC2. MONEY ORDER RECEIPT DATE Q Ot Q('p� NO 90345 No 90346 03 RECEIVED FROM ---rappi St ('flunks, LseLC.. ADDRESS cla L 5 aotticti l Grave.. F wO4. • Co $O5O3 Qnt Hondtcd Stvtn�4:ivc ��,•�•r93ao— X(75.QQ FOR .! or HOW PAID CASH CHECK OO Vie MONEY ORDER ttic eBrea) Pcb(C' �"'"C'�' I TAPPIST MUNKS, LLC 8215 CATTAIL DRIVE NIWOT, CO 80503 MY TO THE OROERIOF Ft ta,a) TAPPIST MUNKS, LLC 8215 CATTAIL DRIVE NIWOT, CO 80503 PAY TO THE ORDER OF 14L BANK SRK FOR A��//� AII�V�,�a/y {/� ^i L /t ►' 4 r r-nr--r-y---t 1117 in 42.‘,/ q5b°1-- 8 I I :f j " 1118 DATE /02-(1/ 82-132/1070 $ t75 __ DOLLARS L 8 �1 R APPLICATION FOR RENEWAL OF A BREW PUB (COUNTY) LIQUOR LICENSE - TAPPIST MUNKS, LLC, DBA OUTWORLD BREWING Staff Referral Responses Chloe Rempel From: Sent: To: Subject: Attachments. Good afternoon, Chloe Rempel Monday, March 4, 2019 2 06 PM Alan Caldwell, Bethany Pascoe, Bob Choate, Bruce Barker, Curtis Hall, Dan Joseph, Dawn Anderson, Don Dunker, Elizabeth Relford, Frank Haug, Gabn Vergara, Hannah Dutrow, Jose Gonzalez, Joshua Noonan, Kann McDougal, Lauren Light, Tom Parko Jr, Wendi Inloes RENEWAL LIQUOR LICENSE APPLICATION - Tappist Munks, LLC, dba Outworld Brewing Staff Referral Memo - Tappist Munks, LLC pdf, Renewal Liquor License - Tappist Munks, LLC pdf, SPR17-0005 Complete File pdf, SPR17-0005 Plat pdf In accordance with the procedure for processing Renewal Liquor License Applications, please complete and return the attached "Staff Referral Memo — Tappist Munks, LLC" Your report will be used by the Board of County Commissioners in considering the Applicant's Liquor License PLEASE RESPOND NO LATER THAN. Monday, March --18,°2019 1. Please note 1 License Type Brew Pub (County) Liquor License Applicant Tappist Munks, LLC, dba Outworld Brewing Brian G Fuller, owner Address 1725 Vista View Drive, Units B, C, and D, Longmont, CO 80504 File Location LC0053 2 Premises are permitted under SPR17-0005 (attached) 3 Applicant was conditionally granted a liquor license in 2017, contingent upon obtaining a Certificate of Occupancy and a Retail Food Establishment License The applicant is currently operating under a Temporary Certificate of Occupancy (TCO) because construction is ongoing TCO only allows for partial use of the establishment Once construction is complete, Building Inspections and Health will do a final inspection While the applicants' liquor licenses are being released under the TCO to allow the applicant to begin brewing, the applicant is not to sell or serve alcohol until that time If you have any questions or concerns, please do not hesitate to contact me Thank you, Chloe A. Rempel Deputy Clerk to the Board Weld County 1150 O Street Greeley, CO 80631 tel 970-400-4213 Confidentiality Notice This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise 1 iet''; C. COLORADO MEMORANDUM To Chloe Rempel, Deputy Clerk to the Board March 8, 2019 From Bethany Pascoe, Zoning Compliance Officer, Dept of Planning Services Subject LC0053 Review of the following new 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 STAFF COMMENTS Upon review of my case files and computer, no active Zoning Violations were noted No compliance comments No planning comments SERVICE TEAMWORK INTEGRITY QUALITY MEMORANDUM TO Board of County Commissioners FROM Josh Noonan DEPARTMENT Weld County Sheriffs Office DATE 03/11/2019 SUBJECT Renewal Liquor License Application The Weld County Clerk to the Board's Office has received an application for the renewal of a liquor license in Unincorporated Weld County License Type Brew Pub (County) Liquor License Applicant(s) Tappist Munks, LLC, dba Outworld Brewing (Brian G Fuller, owner) Address 1725 Vista View Drive, Units B, C, and D, Longmont, CO 80504 File Location LC0053 Reply By Monday, March 18, 2019 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@weldoov corn We have reviewed the request and find no conflicts with our interests We have reviewed the request and find that we are NOT in support of the requested renewal application We have reviewed the request, and recommend approval given that the below or attached conditions are met See attached letter, or comments below We reviewed our local records management system for Brian Fuller, Brenda Fuller and 1725 Vista View Dr, Unit B We found no records of interest We find no conflict with our interests MEMORANDUM TO: Board of County Commissioners FROM: Dan Joseph DEPARTMENT: Environmental Health DATE: 3/25/19 SUBJECT: Renewal Liquor License Application The Weld County Clerk to the Board's Office has received an application for the renewal of a liquor license in Unincorporated Weld County: License Type: Brew Pub (County) Liquor License Applicant(s): Tappist Munks, LLC, dba Outworld Brewing (Brian G. Fuller, owner) Address: 1725 Vista View Drive, Units B, C, and D, Longmont, CO 80504 File Location: LC0053 Reply By: Monday, March 18, 2019 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. El We have reviewed the request and find no conflicts with our interests. We have reviewed the request and find that we are NOT in support of the requested renewal application. We have reviewed the request, and recommend approval given that the below or attached conditions are met. See attached letter, or comments below. The facility has been approved from our department with the current exception of the main dining area and bar (which will be approved at a later date). At this time the main kitchen, dish room, coffee shop and brewing portion of the operation has been approved. The original floor plans submitted to liquor licensing have been amended since that time (kitchen layout was changed and there was an addition of a coffee shop). The department has received these documents however it was noted that liquor licensing still had the older submission on file. The department is in approval of the operation, but updated layouts should be submitted. Chloe Rempel From: Sent: To: Cc: Subject: Attachments: Good afternoon, Chloe Rempel Tuesday, March 19, 2019 12:44 PM Nicole Elgh; Brenda Fuller; Brian Fuller Bob Choate Modification of Premises DR 8442.pdf; Original Diagrams of the Premises.pdf; Fee Schedule 01-01-2019.pdf During the referral process for your renewal liquor license application, the Department of Public Health and Environment noted that the original diagrams of your liquor license do not match the most recent diagrams the Health Department has on file. Pursuant to Regulation 47-302 Changing, Altering, or Modifying Licensed Premises of the Colorado Liquor Rules, 1 C.C.R. 203-2, the Colorado Liquor Enforcement Division requires licensees to submit the attached form (DR 8442) and associated fee if the liquor licensed premises are modified. The fee to modify your premises is $150.00 payable to the Colorado Department of Revenue. Upon completing the attached form, please submit it, along with the associated fee, to me for processing and Board of County Commissioners' review. If you have any questions or concerns, please do not hesitate to contact me. Sincere regards, Chloe A. Rempel Deputy Clerk to the Board Weld County 1150 O Street Greeley, CO 80631 tel: 970-400-4213 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. 1 Chloe Rempel From: Sent: To: Subject: michellen.brown@state.co.us on behalf of LIQLICENSING - DOR, DOR_ <dor_liqlicensing@state.co.us> Monday, March 18, 2019 2:11 PM Chloe Rempel Re: Modification of Premises 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, Yes, this type of change would be require the DR 8442 to be submitted. Thank you, Licensing Department Colorado Liquor Enforcement Division COLORADO oIArat - tkorit a 1697 Cole Blvd, Suite 200, Lakewood, CO 80401 office: 303-205-2300 I fax: 303-866-2428 email: DOR LIQLicensinQ®state.co.us www.colorado.gov/enforcement/liquor On Mon, Mar 18, 2019 at 1:45 PM Chloe Rempel <crempel@weldgov.com>wrote: Good afternoon, Pursuant to Regulation 47-302 Changing, Altering, or Modifying Licensed Premises of the Colorado Liquor Rules, 1 C.C.R. 203-2, would the structural remodeling of a kitchen for a Brew Pub (County) Liquor License require DR 8442 to be submitted? There isn't any alcohol stored in the kitchen, but the kitchen was included in the original diagrams of the licensed premises. Thank you, Chloe A. Rempel Deputy Clerk to the Board Weld County 1 Chloe Rempel From: Sent: To: Subject: Will do. Dan Joseph Monday, March 18, 2019 3:35 PM Chloe Rempel RE: RENEWAL LIQUOR LICENSE APPLICATION - Tappist Munks, LLC, dba Outworld Brewing From: Chloe Rempel Sent: Monday, March 18, 2019 3:03 PM To: Dan Joseph <djoseph@weldgov.com> Subject: RE: RENEWAL LIQUOR LICENSE APPLICATION - Tappist Munks, LLC, dba Outworld Brewing Thanks Dan! I just heard back from the State and they are going to require us to have the applicant submit a form to modify the premises. When you complete the staff referral memo, in addition to your usual comments about whether or not they are in compliance with your department, can you please include a statement about the diagram in the application not matching what you have on file? Chloe A. Rempel Deputy Clerk to the Board Weld County 1150 0 Street Greeley, CO 80631 tel: 970-400-4213 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Dan Joseph Sent: Monday, March 18, 2019 12:56 PM To: Chloe Rempel <crempel@weldgov.com> Subject: RE: RENEWAL LIQUOR LICENSE APPLICATION - Tappist Munks, LLC, dba Outworld Brewing Here is the more up to date kitchen layout. From: Chloe Rempel Sent: Tuesday, March 12, 2019 3:14 PM To: Dan Joseph <djoseph@weldgov.com> 1 Cc: Jose Gonzalez <jonzalez@weldgov.com> Subject: RE: RENEWAL LIQUOR LICENSE APPLICATION - Tappist Munks, LLC, dba Outworld Brewing Dan, Can you please forward me the most recent diagrams you have on file? Thank you, Chloe A. Rempel Deputy Clerk to the Board Weld County 1150 O Street Greeley, CO 80631 tel.: 970-400-4213 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Dan Joseph Sent: Thursday, March 7, 2019 3:57 PM To: Chloe Rempel <crempel@weldgov.com> Subject: RE: RENEWAL LIQUOR LICENSE APPLICATION - Tappist Munks, LLC, dba Outworld Brewing Chloe, In your large packet I see on page 41 that the kitchen drawing doesn't match actual conditions. They have submitted newer versions since this original submission- does it matter for your items (we have newer information in our file)? Dan From: Chloe Rempel Sent: Monday, March 4, 2019 2:07 PM To: Alan Caldwell <acaldwell@weldgov.com>; Bethany Pascoe <bpascoe@weldgov.com>; Bob Choate <bchoate@weldgov.com>; Bruce Barker <bbarker@weldgov.com>; Curtis Hall <chall@weldgov.com>; Dan Joseph <djoseph@weldgov.com>; Dawn Anderson <dranderson@weldgov.com>; Don Dunker <ddunker@weldgov.com>; Elizabeth Relford <erelford@weldgov.com>; Frank Haug <fhaug@weldgov.com>; Gabri Vergara <gvergara@weldgov.com>; Hannah Dutrow <hdutrow@weldgov.com>; Jose Gonzalez <jgonzalez@weldgov.com>; Joshua Noonan <jnoonan@weldgov.com>; Karin McDougal <kmcdougal@weldgov.com>; Lauren Light <Ilight@weldgov.com>; Tom Parko Jr. <tparko@weldgov.com>; Wendi Inloes <winloes@weldgov.com> Subject: RENEWAL LIQUOR LICENSE APPLICATION - Tappist Munks, LLC, dba Outworld Brewing Good afternoon, 2 In accordance with the procedure for processing Renewal Liquor License Applications, please complete and return the attached "Staff Referral Memo — Tappist Munks, LLC". Your report will be used by the Board of County Commissioners in considering the Applicant's Liquor License. PLEASE RESPOND NO LATER THAN: Monday, March 18, 2019 Please note: 1. License Type: Brew Pub (County) Liquor License Applicant: Tappist Munks, LLC, dba Outworld Brewing Brian G. Fuller, owner Address: 1725 Vista View Drive, Units B, C, and D, Longmont, CO 80504 File Location: LC0053 2. Premises are permitted under SPR17-0005 (attached). 3. Applicant was conditionally granted a liquor license in 2017, contingent upon obtaining a Certificate of Occupancy and a Retail Food Establishment License. The applicant is currently operating under a Temporary Certificate of Occupancy (TCO) because construction is ongoing. TCO only allows for partial use of the establishment. Once construction is complete, Building Inspections and Health will do a final inspection. While the applicants' liquor licenses are being released under the TCO to allow the applicant to begin brewing, the applicant is not to sell or serve alcohol until that time. If you have any questions or concerns, please do not hesitate to contact me. Thank you, Chloe A. Rempel Deputy Clerk to the Board Weld County 1150 O Street Greeley, CO 80631 tel: 970-400-4213 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. 3 Welt in beer roamaup set anm a... e- MMm GAG KEG NM welly Nob PRISM. and coodnae ANION SPAM SHIM cmbr eN eras 84.. cure. Sea WadwNa dossdydem cob eAaN. IRA C____] C____] C____] C__] C____] C____] C____] C____] C____] C____] LL_LL_]] r ITEM tl EQUIPMENT DESCRIPTION SCHEDULE NOTES RIC 4.014 OINK CHEMICAL STORAGE SHELVING SINK SCPAIRIMENT WAS SHELVES POLYCLATED WIRE KEC KEC 16 13 13 NIO RIC RIC CLEAR LITERS. STORAGE SPO.PR NUMBER SPARE DOSEER Vass SHELVES IT IS 32 NC NC NC RAINLESS STEEL SPLASHGUARD IEFICORIGNT DOES PRVCOATED MIRE UNDER SHELF KEC KEC KEG CONDENSATE NCOD SPRAT RINSE CDR TAME. 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NON TEMP OPARETRAISER SPARE NUMBER PEER COOLIS4 ei NC NC VENDOR VENDOR ICC MAN DOCR SEENCOOLER MrmENSER BEER ORHER ADTCmAlICSO0040 DOOR KED KEC KEC KEC KEC GAM LEGEND IOLMnERRANOmOS ND MA in ACaeed DD WMNCMPR0 rRB+B ARCHITECTS 114 C a, -O 3 O CS aStIEGATC. 13891016 srtoits 200024274T uvouT FS -101 APPLICATION FOR RENEWAL OF A BREW PUB (COUNTY) LIQUOR LICENSE - TAPPIST MUNKS, LLC, DBA OUTWORLD BREWING Miscellaneous Correspondence March 26, 2019 CLERK TO THE BOARD PHONE: (970) 400-4225 FAX: (970) 336-7233 1150 O STREET P. O. BOX 758 GREELEY, COLORADO 80632 COLORADO DEPARTMENT OF REVENUE LIQUOR ENFORCEMENT DIVISION P.O. BOX 17087 DENVER, CO 80217-0087 RE: RENEWAL BREW PUB (COUNTY) LIQUOR LICENSE APPLICATION - TAPPIST MUNKS, LLC, DBA OUTWORLD BREWING To Whom It May Concern: Please see the attached renewal application, a copy of all supporting documentation, and the associated fees. The Weld County Board of Commissioners approved the application on Monday, March 25, 2019. Please note: the Commissioners conditionally approved this liquor license last year based on the licensee's ability to obtain a Certificate of Occupancy and a Retail Food Establishment License. As the local licensing authority, we held the liquor licenses for release until such time that those items were obtained. The licensee recently obtained a Temporary Certificate of Occupancy. The licensee is not open to the public as a Brew Pub at this time (final Certificate of Occupancy and full Retail Food Establishment License not yet granted), but the licensee is now brewing in anticipation of their opening date next month. If you have questions or need additional information, please do not hesitate to contact me at (970) 400-4213. Very truly yours, 02_0_0e, ,. R.,t, Chloe A. Rempel Deputy Clerk to the Board crempel@weldgov.com 3/25/2019 FedEx Ship Manager - Print Your Label(s) rn n O e N co vo m" 0 0 1900 Z9£6a11 1HJIN?IJAO a2IVaNV1S d00:£ 2IVIN 1Z - a3M m J191019010701uv -rg; -27:3 O < o 2�N v omum m Z D w C m c) CO N 7J ~ m 0 o r m r2ji 0 � O 0 0 co r� O O mom 0O- ,''mom �m E E m� z v_ O'C m V) mz m m 565J1/4603/23AD After printing this label: 1. Use the 'Print' button on this page to print your label to your laser or inkjet printer. 2. Fold the printed page along the horizontal line. 3. Place label in shipping pouch and affix it to your shipment so that the barcode portion of the label can be read and scanned. 0 0 A U, 1134N3S ills n0i 0 <nON-im u,••m rno. morn LnWM A Warning: Use only the printed original label for shipping. Using a photocopy of this label for shipping purposes is fraudulent and could result in additional billing charges, along with the cancellation of your FedEx account number. Use of this system constitutes your agreement to the service conditions in the current FedEx Service Guide, available on fedex.com.FedEx will not be responsible for any claim in excess of $100 per package, whether the result of loss, damage, delay, non-delivery,misdelivery,or misinformation, unless you declare a higher value, pay an additional charge, document your actual loss and file a timely claim.Limitations found in the current FedEx Service Guide apply. Your right to recover from FedEx for any loss, including intrinsic value of the package, loss of sales, income interest, profit, attorney's fees, costs, and other forms of damage whether direct, incidental,consequential, or special is limited to the greater of $100 or the authorized declared value. Recovery cannot exceed actual documented loss.Maximum for items of extraordinary value is $1,000, e.g. jewelry, precious metals, negotiable instruments and other items listed in our ServiceGuide. Written claims must be filed within strict time limits, see current FedEx Service Guide. https://www.fedex.com/shipping/shipmentConfirmationAction.handle?method=doContinue 1/2 3/25/2019 FedEx Ship Manager - Print Your Label(s) Fed Shipment Receipt Address Information Ship to: LIQUOR ENFORCEMENT DIVISION COLORADO DEPARTMENT OF REVENUE PO BOX 17087 DENVER, CO 802170087 US 3032052300 Ship from: CHLOE REMPEL WELD COUNTY 1150 O STREET RM 166 GREELEY, CO 80631 US 9704004225 Shipment Information: Tracking no.: 774793620061 Ship date: 03/26/2019 Estimated shipping charges: 6.59 USD Package Information Pricing option: FedEx Standard Rate Service type: Standard Overnight Package type: FedEx Envelope Number of packages: 1 Total weight: 0.70 LBS Declared Value: 0.00 USD Special Services: Pickup/Drop-off: Drop off package at FedEx location Billing Information: Bill transportation to: COUNTYOFWELD-483 DEPARTMENT NAME: WELD CLERK TO THE BOARD SENDER NAME: CHLOE A. REMPEL ADDITIONAL INFO: CTB DEPARTMENT FUND: 10400 Thank you for shipping online with FedEx ShipManager at fedex.com. Please Note FedEx will not be responsible for any claim in excess of $100 per package, whether the result of loss, damage, delay, non -delivery, misdelivery, or misinformation, unless you declare a higher value, pay an additional charge, document your actual loss and file a timely claim. Limitations found in the current FedEx Service Guide apply. Your right to recover from FedEx for any loss, including Intrinsic value of the package, loss of sales, Income interest, profit, attorneys fees, costs, and other forms of damage whether direct, incidental, consequential, or special is limited to the greater of $100 or the authorized declared value. Recovery cannot exceed actual documented loss. Maximum for items of extraordinary value is $1000, e.g., jewelry, precious metals, negotiable instruments and other items listed in our Service Guide. Written claims must be filed within strict time limits; Consult the applicable FedEx Service Guide for details. The estimated shipping charge may be different than the actual charges for your shipment. Differences may occur based on actual weight, dimensions, and other factors. Consult the applicable FedEx Service Guide or the FedEx Rate Sheets for details on how shipping charges are calculated. https://www.fedex.com/shipping/shipmentConfirmationAction.handle?method=doContinue 2/2 Chloe Rempel From: Sent: To: Cc: Subject: Nicole Elgh <nicole.outworld@gmail.com> Wednesday, February 27, 2019 9:24 AM Dan Joseph Jose Gonzalez; Chloe Rempel; Jon Deak Re: Partial Approval for 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. Dan. Awesome. Thank you. Nicole Sent from my iPhone On Feb 27, 2019, at 9:21 AM, Dan Joseph <djoseph@weldgov.com>wrote: Nicole, You are approved to operate the following locations within your establishment: 1) Kitchen 2) Dish room 3) Brewery 4) Coffee Shop 5) Areas related to those Areas currently not approved for use: 1) Bar 2) Seating area for restaurant These areas will need an inspection prior to operation. We will be issuing you a hard copy license, you should see it within the week in the mail. Once the entire establishment is approved you may then complete the liquor licensing process with Chloe. Please let me know if you have any additional questions. Dan Dan Joseph CP-FS Food Program Coordinator Weld County Department of Public Health and Environment 1555 North 17th Avenue Greeley, CO 80631 phone: 970.400.2206 1 Chloe Rempel From: Sent: To: Cc: Subject: All looks good on our side! Thanks Jose Gonzalez Asst. Building Official 1555 N. 17th Ave Greeley, CO 80631 970-400-3533 jgonzalez@weldgov.com Jose Gonzalez Wednesday, February 27, 2019 2:38 PM Chloe Rempel; Dan Joseph Jon Deak RE: Partial Approval for Outworld Brewing From: Chloe Rempel Sent: Wednesday, February 27, 2019 9:44 AM To: Dan Joseph <djoseph@weldgov.com> Cc: Jose Gonzalez <jgonzalez@weldgov.com>; Jon Deak <jdeak@weldgov.com> Subject: RE: Partial Approval for Outworld Brewing Good morning, Knowing that the applicant intends to start brewing and is cleared with both of your departments to start doing so, we need to release their liquor licenses. They are not allowed to start serving alcohol in any capacity, but the licensee needs to have their liquor licenses posted in the brewing area to remain in compliance. Before I do so, with all of the construction that has occurred over the past two years, I just want to confirm that the diagrams I have on file (attached) match what you both have on file? Thank you, Chloe A. Rempel Deputy Clerk to the Board Weld County 1150 0 Street Greeley, CO 80631 tel: 970-400-4213 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise 1 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: Nicole Elgh <nicole.outworld@gmail.com> Sent: Wednesday, February 27, 2019 9:24 AM To: Dan Joseph <djoseph@weldgov.com> Cc: Jose Gonzalez <jgonzalez@weldgov.com>; Chloe Rempel <crempel@weldgov.com>; Jon Deak <jdeak@weldgov.com> Subject: Re: Partial Approval for 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. Dan. Awesome. Thank you. Nicole Sent from my iPhone On Feb 27, 2019, at 9:21 AM, Dan Joseph <djoseph@weldgov.com>wrote: Nicole, You are approved to operate the following locations within your establishment: 1) Kitchen 2) Dish room 3) Brewery 4) Coffee Shop 5) Areas related to those Areas currently not approved for use: 1) Bar 2) Seating area for restaurant These areas will need an inspection prior to operation. We will be issuing you a hard copy license, you should see it within the week in the mail. Once the entire establishment is approved you may then complete the liquor licensing process with Chloe. Please let me know if you have any additional questions. Dan Dan Joseph CP-FS Food Program Coordinator Weld County Department of Public Health and Environment 1555 North 17th Avenue 2 Chloe Rempel From: Sent: To: Cc: Subject: Yep. Dan Joseph Tuesday, February 26, 2019 3:42 PM Chloe Rempel Jose Gonzalez; Bob Choate RE: Outworld Brewing From: Chloe Rempel Sent: Tuesday, February 26, 2019 3:37 PM To: Dan Joseph <djoseph@weldgov.com> Cc: Jose Gonzalez <jgonzalez@weldgov.com>; Bob Choate <bchoate@weldgov.com> Subject: RE: Outworld Brewing I have one of the applicants here and they would like to begin brewing. Dan and Jose, is their brewing operation cleared with both of you? Chloe A. Rempel Deputy Clerk to the Board Weld County 1150 0 Street Greeley, CO 80631 tel: 970-400-4213 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Chloe Rempel Sent: Tuesday, February 26, 2019 3:17 PM To: Dan Joseph <dioseph@weldgov.com> Cc: Jose Gonzalez <jgonzalez@weldgov.com>; Bob Choate <bchoate@weldgov.com> Subject: RE: Outworld Brewing Thanks Dan! I'll confirm with Bob, but I don't believe we can release their liquor licenses until they have the TCO for the bar and restaurant area as well — their liquor license was approved based on the diagram, proposed use, and menu they submitted to the Board two years ago. Once I hear from you regarding the inspection of the bar, and hear from Jose regarding the bar and restaurant included in the TCO, I should be ready to release the liquor licenses. i Thanks for keeping me in the loop. Chloe A. Rempel Deputy Clerk to the Board Weld County 1150 O Street Greeley, CO 80631 tel: 970-400-4213 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Dan Joseph Sent: Tuesday, February 26, 2019 3:10 PM To: Chloe Rempel <crempel@weldgov.com> Cc: Jose Gonzalez <jonzalez@weldgov.com> Subject: Outworld Brewing Quick update since they will be visiting you next. Jose issued TCO for everything but bar and restaurant seating area. They submitted a few items to me for review today and came in and paid us for the license (I expect to review and approve was was submitted by tomorrow). Current operation will be mostly coffee and a few items made out of the kitchen for the coffee shop. Once bar is completed I will have one more inspection to approve and then the entire facility will be up and running (at which point I believe they will start serving alcohol). Dan Joseph CP-FS Food Program Coordinator Weld County Department of Public Health and Environment 1555 North 17th Avenue Greeley, CO 80631 phone: 970.400.2206 fax: 970.304.6411 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 Site Plan Review S P R 17-0005 Case Number: Applicant: Owners: Situs Address: SITE PLAN REVIEW Administrative Review PL STAFF REPORT RETAINED IN TYLER. REMAINDER RETAINED IN PAPER LIQUOR FILE. ORIGINAL CASE FILE MAINTAINED BY PLANNING. Site Plan Review SPR17-0005 Parcel Numbers: Outworld Property Investment, LLC (c/o Brian G. Fuller; 8215 Cattail Drive, Niwot, CO 80503) Vista Beacon Condos Unit Owners (Lot 4) - Unit 1 - Korringa Properties, LLC - Units 2, 3 & 4 - Outworld Property Investment, LLC - Units 5 & 6 - Carol & Boyd, LLC Longmont Vista View Real Estate, Inc. (Lot 5) 1725 Vista View Drive, Longmont CO 80504 1313-08-1-09-999 1313-08-1-09-001 1313-08-1-09-002 1313-08-1-09-003 1313-08-1-09-004 1313-08-1-09-005 1313-08-1-09-006 1313-08-1-01-005 Legal Description: Lots 4 and 5, Block 1 of Vista Commercial Center PUD Filing 1; being part of the S2 of Section 5 and the N2 of Section 8, T2N, R68W of the 6th P.M. Zoning: Proposed Use: PUD: I-1 (Industrial) and C-3 (Business Commercial) uses SPR17-0005 is an amendment to Site Plan Review SPR-342 for Tappist Munks, LLC, dba Outworld Brewing. Outworld Brewing is moving into Units 2-4 of Vista Beacon Condominiums. Due to this new occupant, SPR17-0005 will expand the trash enclosure including a spent grain container, update the parking layout on Lot 4 and amend Lot 5 into the Site Plan Review. Lot 5 will permit a commercial parking lot to accommodate anticipated parking needs and a grain silo on the northeasterly portion of the Lot. The silo will also serve as the structure for proposed signage for the brewpub. Site Plan Review Standards Comments Meets the Intent of the Weld County Code Site Plan Certification Included in Application YES Stormwater Draina e g See No changes comments to approved from the drainage Weld design County Engineer YES Off-street Parkin g Per Sections A minimum of 23-3-250.A.2. 55 spaces (4 and ADA) 23-4-10 spaces are thru 23-4-40 required YES Loading Areas Per Sections One (1) loading and area 23-4-50.A. is required thru 23-4-50.E. on Lot 4 YES 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 26-2-50.D. percentage of 23-3-250.A.5. Show landscaping the and landscaping on the Section site 26-2-50.A. and map add thru the YES Trash Collection and Storage Per Section 23-3-250.A.6. YES Potable Water Per Section 23-3-250.A.7. (LHWD Tap) YES SPR17-0005 I Outworld Brewing Page 1 of 7 Site Plan Review Standards Comments Meets the Intent of the Weld County Code Sewage Disposal Per Section 23-3-250.A.8. (St. Vrain Sanitation District) YES Environment Standards Per application YES Property Maintenance Per Section 23-2-160.U.7. YES MS4 Area Per Chapter 8, Article IX YES Narrative: This amended Site Plan Review seeks to amend SPR-342 (reception # 2846254, recorded May 4, 2001), located on Lot 4, Block 1 of Vista Commercial 1St Filing. The amendment will include Lot 4 and Lot 5 of the PUD and is for the addition of a brewpub per Weld County Code Section 23-3-230.B.17.; commercial parking lot per Weld County Code Section 23-3-230.B.13 and associated improvements. This request will expand the existing trash enclosure on Lot 4 to include an additional dumpster and spent grain container. A roll up door will be added on the east side of the building to access the brewpub. No other improvements or changes are proposed to the other units or businesses on Lot 4. Additionally, the parking layout on Lot 4 will be updated which will include the construction of a pedestrian connection to Lot 5, Block 1 of Vista Commercial. Lot 5 is located directly west of Lot 4 and is being amended into the Site Plan Review. This Lot is being purchased by Outworld Property Investment, LLC in order to build a paved commercial parking lot. The auxiliary parking lot will serve both the customers of Outworld Brewing and the other existing and future Vista Beacon Condominiums businesses on Lot 4. There will be a combined minimum of fifty-five (55) parking stalls (including four (4) ADA parking stalls) for employees and customers, split between the two lots. As stated, parking will be shared with the other owners/tenants of Lot 4 (Vista Beacon Condominiums). On the SPR-342 map, each unit is allotted 5.83 spaces for a total of 35 shared spaces for the six units. Per discussions with the applicant, the brewpub operation proposes to have approximately eight (8) employees that will work at Outworld Brewing at any one time and up to two hundred (200) customers. This combination of brewpub occupants will require an additional 20 parking spaces minimum in addition to the existing 35 spaces per SPR-342. The auxiliary parking lot on Lot 5 will account for this increase in parking needs. Also located on Lot 5 is a proposed functioning grain silo (32' height, 10' width) in the northeasterly portion of the site. The application materials have indicated that the proposed grain silo will double as a monument sign for Outworld Brewing and will face State Highway 119. A building sign and awning is proposed on the west wall above Unit 3 on Lot 4. All signage shall adhere to Appendix 23-C, 23-D and 23-E of the Weld County Code and receive approval from the Vista Commercial Center Architectural Control Committee and be permitted by the Weld County Building Department. The Left Hand Water District provides water service and the St. Vrain Sanitation District provides sewage disposal to Lot 4. Sewer service is not proposed for Lot 5 at this time. This site plan review is approved with the attached conditions: 1. Prior to recording the Site Plan Review Map, the applicant shall address the following to the Department of Planning Services' satisfaction: A. The applicant shall submit written evidence to the Department of Planning Services that all conditions and requirements as indicated in the Vista Commercial Center Architectural Control Committee letter dated 02/23/2017 have been met. (Department of Planning Services) B. The applicant shall submit written evidence to the Department of Planning Services that all conditions and requirements as indicated in the Department of Public Works letter dated 04/04/2017 have been met. (Department of Planning Services) SPR17-0005 I Outworld Brewing Page 2of7 C. The applicant shall submit written evidence to the Department of Planning Services that all conditions and requirements as indicated in the Department of Public Health and Environment letter dated 04/10/2017 have been met. (Department of Planning Services) D. The applicant shall submit written evidence to the Department of Planning Services that all conditions and requirements as indicated in the Department of Planning Services -Engineer letter dated 04/11/2017 have been met. (Department of Planning Services) E. The applicant shall detail how the landscaping on Lot 5 will be maintained including the water source. This may be a separate Left Hand Water District irrigation tap, scheduled water truck (including details of the provider), or written evidence from LHWD that allows the tap on Lot 4 to be shared with Lot 5 for landscaping irrigation uses. F. The map shall be amended to delineate the following: 1. All pages of the Site Plan Review Map shall be labeled Site Plan Review SPR17-0005. (Department of Planning Services) 2. The Site Plan Review Map shall be prepared in accordance with Sections 23-2-160.W and X of the Weld County Code. (Department of Planning Services) 3. The Site Plan Review Map shall contain the certification blocks per Section 23-2-160.X.6. of the Weld County Code. (Department of Planning Services) 4. All the property owners on Lot 4 (Vista Beacon Condominium owners) and Lot 5 shall sign the Site Plan Review Map. 5. All structures including the grain silo and signs shall be located twenty-five (25) feet from the existing or proposed right-of-way whichever is greater per Section 23-3-250.A.4.a. of the Weld County Code. Label all dimensions on the map. (Department of Planning Services) 6. The applicant shall show and label the trash enclosure, per Section 23-3-250.A.6. of the Weld County Code. The applicant shall also show the details of the trash enclosure. (Department of Planning Services) 7. The applicant shall adhere to the lighting standards per Section 23-3-250.B.6 of the Weld County Code. A lighting detail for proposed lighting to be located on the site shall be placed on the map. Show and label lights on the map. (Department of Planning Services) 8. The applicant shall show and label the off-street loading space, per Section 23-4-50 of the Weld County Code. (Department of Planning Services) 9. The applicant shall show and label an ADA complaint walkway between the building on Lot 4 and parking areas on Lots 4 and 5. (Department of Planning Services) 10. The applicant shall provide details of the grain silo and show and label the connection of the grain silo to the building. (Department of Planning Services) 11. All recorded easements and rights -of -ways shall be delineated on the plat by book and page number or reception number. (Department of Planning Services) 12. The applicant shall show and label the approved accesses (AP17-00197), and the appropriate turning radii on the site plan. (Department of Public Works) 13. Vista View Drive is a paved road and is designated on the Weld County Road Classification Plan as a local road, which requires 80 feet of right-of-way at full buildout per the Vista Commercial Center Plat. The applicant shall delineate on the site plan the future and existing right-of-way. All setbacks shall be measured from the edge of future right-of-way. This road is maintained by Weld County. (Department of Public Works) SPR17-0005 I Outworld Brewing Page 3of7 14. The applicant shall show the drainage flow arrows. (Department of Planning Services - Engineer) 15. The applicant shall show and label the parking. (Department of Planning Services -Engineer) 16. The off-street parking shall be in accordance with Section 23-3-250.A.2., Sections 23-4-10 through 23-4-40 and Sections 26-2-50.C. and 26-2-50.D.2.b and f. All required parking spaces shall be shown on the map with the dimensions, materials, and curb stops labeled including the ADA stalls. The following address the details of the parking design. (Department of Planning Services) a. The applicant shall provide a combined minimum of fifty-five (55) regular parking stalls including four (4) ADA parking stalls for the employees and visitors of the site. The four (4) ADA parking stalls will be located on Lot 4, and shall include a striped walkway from the parking stalls to the building's sidewalk. The dimensions of the parking stalls shall adhere to Section 23-4-30.6 and Appendix 23-A of the Weld County Code. (Department of Planning Services) b. Section 23-4-30.C. states: Off-street parking spaces including access drives shall be surfaced with gravel, asphalt, concrete or equivalent and shall be graded to prevent drainage problems. (Department of Planning Services) c. Section 23-4-30.D. states: Each space shall be equipped with wheel guards or curb blocks when necessary to prevent vehicles from extending beyond the boundary of the space and from coming into contact with other vehicles, walls, fences or plantings. (Department of Planning Services) d. Section 23-4-30.E. states: Lighting provided for off-street parking spaces shall be arranged so as to minimize illumination onto adjoining residential uses and so as to prevent glare directed at vehicles on streets and alleys. e. Section 23-4-30.1. states: No plant material located in driveway sight distance triangles shall be allowed to reach a height greater than three and one-half (3.5) feet. (Department of Planning Services) f. Section 26-2-50.C.1. states: At least ten percent (10%) of the area of a parking lot must be landscaped if the lot contains ten (10) or more spaces. This requirement may be counted toward the maximum lot coverage requirement of each zone district. At least seventy-five percent (75%) of the required landscape area shall include living plant material. Section 26-2-50.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. g. h. Section 26-2-50.C.3. states: Landscaping techniques shall be used to alleviate the harsh visual appearance that accompanies parking lots. See Appendix 26-I. At least seventy-five percent (75%) of the length of the frontage of the parking lot must be effectively screened. i. Section 26-2-50.C.4. states: A minimum of five percent (5%) of the parking area shall be landscaped exclusive of setback areas. Trees planted in parking areas should be either in bays or planting islands of at least five (5) feet by five (5) feet. Trees should be distributed throughout the parking area; however, they shall be placed so they do not obstruct visibility for cars and pedestrians. Generally, every tenth parking space should be delineated with a planting island in addition to the five percent (5%). See Appendix 26-J. SPR17-0005 I Outworld Brewing Page 4 of 7 J. Section 26-2-50.C.5. states: Loading, service or storage areas must be screened with an opaque screen that is an integral part of the building architecture. Chain -link fencing with slats, fabric or pallets is not an acceptable screening material. Plant material shall be used to soften the appearance of the screen. k. Section 26-2-60.C.1. states: All development within the 1-25 RUA shall comply with Chapters 22, 23, 24 and 27 of this Code and the Weld County Engineering and Construction Criteria document shown in Appendix 12-A. Consistent with the urban - scale development standards in the 1-25 RUA, all parking areas for commercial and industrial development shall be paved according to geometric and road structure design standards. 17. The applicant shall include a landscape site plan per Section 26-2-50.B.3. of the Weld County Code as one of the pages of the Site Plan Review map and adhere to landscaping requirements per Section 23-3-250.A.5 and Section 26-2-50 of the Weld County Code. The map shall include following information: a. Section 23-3-250.A.5.a. states: No more than eighty-five percent (85%) of the total area of a lot in any Industrial Zone District shall be covered. Land shall not be deemed covered if it is used for growing grass, shrubs, trees, plants or flowers or if covered by decorative gravel or wood chips, or if it is otherwise suitably landscaped. The applicant shall ensure that 15% of the site is landscaped. Add the percentage of landscaping to the site plan map. (Department of Planning Services) b. Section 23-3-250.A.5.b. states: The portion of the lot that abuts a public right-of-way shall be landscaped for a distance of ten (10) feet measured at a right angle. Only sidewalks and driveways may pass through this area. (Department of Planning Services) G. The following notes shall be placed on the map: 1. An Amended Site Plan Review for a brewpub and commercial parking lot in addition to an existing office, warehousing and storage facility permitted by SPR-342. (Department of Planning Services) 2. All proposed or existing structures will or do meet the minimum setback and offset requirements for the zone district in which the property is located. Pursuant to the definition of setback in the Weld County Code, the required setback is measured from the future rights -of - way line. (Department of Planning Services) 3. In accordance with the Weld County Code, no land, building or structure shall be changed in use or type of occupancy, developed, erected, constructed, reconstructed, moved or structurally altered or operated in the Commercial Zone District until a Site Plan Review has been approved by the Department of Planning Services. (Department of Planning Services) 4. In the event that a portion of the building or lot is proposed to be leased to another party in the future, the applicant shall submit a copy of the lease agreement and information regarding the proposed use of the leased portion to the Department of Planning Services for review. Based upon the proposed use and/or impacts of the leased portion, the Department of Planning Services may require a new Site Plan Review application. (Department of Planning Services) 5. Landscaping materials shall be maintained at all times. Dead or diseased plant materials shall be replaced with materials of similar quantity and quality at the earliest possible time. (Department of Planning Services) 6. All signs shall adhere to Chapter 23, Article IV, Division 2 and Appendices 23-C, 23-D and 23-E of the Weld County Code. (Department of Planning Services) 7. All structures, including signs, on site must obtain the appropriate building permits. (Department of Planning Services) SPR17-0005 I Outworld Brewing Page 5of7 8. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties where such would cause a nuisance or interfere with the use on the adjacent properties in accordance with the plan. Neither the direct, nor reflected, light from any light source may create a traffic hazard to operators of motor vehicles on public or private streets. No colored lights may be used which may be confused with, or construed as, traffic control devices. (Department of Planning Services) 9. Building Permits issued on the proposed lots will be required to adhere to the fee structure of the Weld County Road Impact Program. (Department of Planning Services) 10. Building Permits issued on the proposed lots, will be required to adhere to the fee structure of the County Facility Fee and Drainage Impact Fees. (Department of Planning Services) 11. The property owner shall control noxious weeds on the site. (Department of Public Works) 12. The access on the site shall be maintained to mitigate any impacts to the public road including damages and/or offsite tracking. (Department of Public Works) 13. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized. (Department of Public Works) 14. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Planning Services -Engineer) 15. Weld County is not responsible for the maintenance of onsite drainage related features. (Department of Planning Services -Engineer) 16. This site is located in a Municipal Separate Storm Sewer System (MS4) Area which may trigger specific water quality requirements or other drainage improvements. In addition to compliance with applicable Weld County regulations, property owner is required to be compliant with any additional MS4 requirements. (Department of Planning Services - Engineer) 17. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30 20 100.5, C.R.S.) shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. (Department of Public Health & Environment) 18. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S., as amended. (Department of Public Health & Environment) 19. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance conditions. The applicant shall operate in accordance with Chapter 14, Article 1 of the Weld County Code. (Department of Public Health & Environment) 20. Fugitive dust should attempt to be confined on the property. Uses on the property should comply with the Colorado Air Quality Commission's air quality regulations. (Department of Public Health & Environment) 21. The facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone as delineated in 25 12 103 C.R.S. (Department of Public Health & Environment) 22. Adequate drinking, hand washing and toilet facilities shall be provided for employees and patrons of the facility, at all times. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. The facility shall utilize the existing public water supply - Left Hand Water District. (Department of Public Health & Environment) 23. The facility shall utilize the existing public sewer - Saint Vrain Sanitation District. (Department of Public Health & Environment) SPR17-0005 I Outworld Brewing Page 6 of 7 24. The facility shall comply with Colorado Retail Food Establishment Rules and Regulations governing the regulation of food service establishments. (Department of Public Health & Environment) 25. The facility shall comply with all applicable rules and regulations of State and Federal agencies and the Weld County Code. (Department of Public Health & Environment) 2. Prior to construction: a. If 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 Services - Engineer) 3. The applicant shall submit one (1) electronic (.pdf) copy of the site plan review map for preliminary approval to the Department of Planning Services. Upon approval of the map, the applicant shall submit a Mylar, along with all other documentation required as conditions of approval. The Mylar shall be recorded in the office of the County Clerk and Recorder by the Department of Planning Services. The Mylar and additional requirements shall be recorded within one hundred twenty (120) days from the date the administrative review was signed. The applicant shall be responsible for paying the recording fee. If the Site Plan Review Map has not been recorded within one hundred twenty (120) days from the date the administrative review was signed, or if an applicant is unwilling or unable to meet any of the conditions within one hundred twenty (120) days of approval, the application will be forwarded to the Weld County Code Compliance for violation. The Director of Planning Services may grant an extension of time, for good cause shown, upon a written request by the applicant. (Department of Planning Services) Site Plan Review conditionally approved by: Michael Hall - Planner Date: 05/30/2017 SPR17-0005 I Outworld Brewing Page 7 of 7 Hello