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Home My WebLink About20171695.tiffEXHIBIT INVENTORY CONTROL SHEET Case USR17-0016 - WW, LLC Exhibit Submitted By Description A. Planning Commission Resolution of Recommendation B. Planning Commission Summary of Hearing (Minutes dated 6/6/2017) C. Planning Services PowerPoint Presentation Kerri Kinnison Revocable D. Trust Letter of Concern, dated 6/6/17 E. Sharall Kinnison Letter of Concern, dated 6/8/2017 F. Andrew Barngrover Letter of Concern G. Elizabeth (?) Letter of Concern H. Shirley Amerin Letter of Opposition, dated 6/20/2017 Lease between Morr Assets, LLC and Western Roll Off, I. Planning Services LLC Minutes from the Neighborhood Meeting dated J. Ralph Walker 5/24/2017 K. Ralph Walker Neighborhood Meeting Information dated 5/4/2017 L. Sarah and Rusty Knels Letter of Opposition dated 6/20/2017 James and Lori M. Torgerson Letter of Opposition dated 6/21/2017 N. A.J.Goddard Maps (2) (6/21/2017) O. Bill Wycoff Maps and PowerPoint Presentation 6/21/2017; Posterboard with 5 photos (scanned separately, P. Shirley Amerin 6/21/2017) Q. Shirley Amerin Comparable Sales Examples (6/21/2017) R. James Torgerson Public Comment addition (6/21/2017) S T. U. V. W. 2017-1695 Public hearings concerning this property will be heard before the County Planning Commission and Board of County Commissioners. Both hearings will be held at: 1150 "O" Street o Greeley, CD $_0631 ancticiestaibmaksffrosaret Planning Commission Hearing w:. beheld on tT° and ci County Commissioner blearing will be held on aitc4E 1 201 ; at_ 10%004 A Site Specific Development Plan and Use by Special Review Permit for any Use Permitted as a Use By Right, an Accessory Use. or a Use By Special Review in the C-1 Neighborhood Commercial or 1-1 and I.2, Industrial Zone Districts (RV and boat storage, a dump station, enclosed sell -storage and the parking and staging of Trash Containers, Roll offs, and Vehicles and/or Equipment to pick up and deliver same and four (4) individual flex office buildings) provided that the property is not a lot in an approved or recorded subdivision plat or lots parts of a map 1 or plan filed prior to adoption of any regulations controlling subdivisions in the A (Agricultural) Zone District RP",''Iar.;11 i('1:,�1'1'L•�i'7" y. lot i a F J IP a, Iler r - a i r ▪ - Is a ■ q r y re r y a s. 4, r r i .e■ F ri 4 0 T t r a e e ::+�.iv. s —! into J▪ + Main Access from di, .bf e ■ y Y r 1 at4 4, t sem i r. a Br rya alilikagi ems, qmorransa r t eft "3 a.s. a Serer e ttro tom' •� r R 'a tit oat s 0 is* OS ars-ftsdb, st kt e a Ina r irc -11S` • �.r+ to - `MP lea t�S aR Tat,. . a fr Access road looking north, access road to Western Roll -off site •-• ite- re- r C r • -- - C i • tar °ar'. 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"A. dT•� y S..i'1�Y'�ia:\-'\ x U ▪ 1 117 r ` 1' I e Y 1i' �.S1 i1 t, II ,it\VI+7 r s: 1�) (•q �1t`�h 11. A�.. , `•1 ! .� 'I. i • I •• sfcl • ii • 1 yr i4 0 + • rt ti 1 Itlr '1 y • r .r I • ( 1 ' 1 N . '1 , , 1 '' .r 11 e x reside rice. i •1 , -t t,. June 6, 2017 RE: Case # USR17-0016 Owner: WW, LLC Attention Planning Dept: Kim Ogle Cc: Michelle Martin EXHIBIT 9 This letter is to address concerns and opposition to the proposed project Case # USR17-0016. The rural way of life in Weld County is what originally attracted my father in law to the area in the early 90's and in 1999 with our father, my husband and I purchased a parcel of land in Weld County for that same desired way of life. At the time, #8 — 80 acre parcels became available for sale. The parcel we chose to purchase was unique because it was the only parcel with original farm house structures existing within the whole square mile of surrounding land. Seeking a lifestyle change from the ever growing industrial/commercial and large housing developments, it was here in Weld County we found solace in the rural agriculture farmland lifestyle. These farmhouses on the land have served as the primary residences for me, family members and current residents for more than 18 years. We have all enjoyed the quality of life, safety, privacy, nature, wildlife and agriculture farmland and it is the fundamental reason we chose to purchase it. The original lot we purchased was a 1 lot parcel totaling approx. 80 acres and over the past years we subdivided into 3 parcels Known as (Lot A, Lot B and Lot SE 1083) by way of subdivision allowances, recorded exemptions and recorded an Access and Easement Utility Agreement with Weld County record # 4229459 which states the legal and only driveway access to Lots A and Lot SE are through Lot B from County Road 2. Lot B, known as 8621 CR 2 Brighton, CO was sold in August of 2016 and purchased by WW, LLC. Unfortunately, the past 10 years have shown a large shift in the once rural "feeling" Weld County provided due to surrounding developments, commercial/business industry and oil and gas taking over the Agriculture lands. My property has already been directly affected by oil and gas companies and the changes they bring to security, privacy, air, water, noise, traffic, wildlife, soils and land values. It is truly unfortunate that what once was coveted as agriculture farmland is now becoming commercial/industrial waste land. With the possibility of the proposal for rv/self-storage, dump station, flex office buildings, commercial business and talk of building a gas/oil compressor station on the corner of my property, it is sure to be a decline in the agriculture farmland industry that was once thriving in Weld County. Let it be documented that as the current land owner of Lot A (known as 8625 CR 2 Brighton, CO) and Lot SE 1083 (known as 8629 CR 2 Brighton, CO) I am against the proposal of WW, LLC for the following reasons: 1) The quality of life of the occupants in the farmhouses on Lot A and Lot SE would considerably change. 2) Property values of (Lots A and SE) that adjoin Lot B would ultimately decrease in value and probability for surrounding properties to decrease in value as well. Property would no longer be desirable or marketable as agriculture farmland or provide a rural lifestyle. 3) Traffic Control and Security- Allowing undocumented/unmonitored traffic and people entering and exiting the property 24 hrs a day would bring vandalism, thefts and security issues. There have already been increases in property theft and vandalism with surrounding neighbors and Weld County authorities have been called to Lot B for disturbance. With two private residences that have to share and cross the property lines allowing Lot B to develop into a multi commercial business zoning would certainly increase security concerns. It has already been a disruption having a business on Lot B however with increased traffic all hours of the day 7 days a week it would be more than a disruption. 4) Safety issues for the occupants, visiting guests and any children that reside in the two farmhouses on the property as increase in vehicles, public and unknown businesses having unlimited access to private property. There have already been people with less than honest intentions entering the property for unknown reasons that have been told to exit the premises due to safety concerns. 5) Condition of water quality from dump station, wastewater facility, drainage, retention ponds and sewage disposal. Odors and potential for contamination of surrounding land soils from accidents, spills, noncompliance, negligence or improper usage of facilities. 6) Noise and other disturbances to residential households living the comfortable private lifestyle they are accustomed to. Light shinning into farmhouses and disturbing sleep of once peaceful residential environment. 7) Disturbance and evacuation of existing wildlife on property and the protection of (hawks, eagles, coyotes, rabbits, foxes, prairie dogs and more that inhabit the property. Due to the surrounding oil/gas and existing business with large trash trucks coming and going all hours of the days, the once abundant wildlife population has already decreased and been driven from its natural environment of once lush trees, large berms, brush and farmland. 8) Unknown and uncontrolled businesses operating in an Agriculture Residential property with farm animals, family pets, small children and crops. 9) All 3 parcels (Lot A, Lot B and Lot SE) are attached by no defining privacy fences and one farmhouse structure is only feet from the outbuilding located on Lot B. Allowing the building of commercial flex buildings that close to a residential farmhouse does not seem in compliance with Weld County pro Agriculture stance. 10 The only access to and from the farmhouses of Lot A and Lot SE is by way of the driveway from CR 2 that runs entirely through Lot B. (See Access and Easement Utility Agreement recorded in Weld County # 4229459). Allowing an uncontrollable amount of traffic and public 24 hour 7 day week access on this driveway puts the entire 3 lots and especially Lot A and Lot SE at risk. If there is a backup of vehicular traffic accessing the RV or storage unit it limits the only source of driveway access the two farmhouses have. In an emergency situation this could be detrimental. Additionally, it would not comply with the Access and Easement Utility Agreement as it states that "for the benefit of Lot A and Lot SE, this access is a non-exclusive and perpetual 30ft access easement over and across that portion of Lot B for the purpose of providing to the owner of Lot A and Lot SE and their permittees vehicular and pedestrian ingress, egress and access to and from CR 2 to Lot A and Lot SE which shall include the continuous right to use the Access Easement at all times with no limitations." The entrance to the property from CR 2 is also the legal address for Lot A and Lot SE and serves as the only point of school bus pick up and drop off • • for the residents of the farmhouses. The public school transportation department was contacted and stated that the pickup and drop off point for those addresses (both farmhouses) cannot be changed or altered and therefore any children using the school bus must be at the pickup and drop off points. If a child is late to the pickup or if driveway has blocked access the child could miss the bus and potentially miss school. The additional risk would be that any children would be dropped off at the end of the gravel driveway on CR 2 which is an already busy main county road and walk that driveway back to the houses if not picked up at the entrance itself. It is highly dangerous for children to be walking through large RV's, and vehicles to get to the driveway access that has been safe, secure and private since 1999. There have already been issues with the current business and the trucks blocking, entering and exiting the driveway causing the child to miss the bus and narrowly avoiding being hit by the passing vehicles on the very busy County Road 2. 11) Lot B was once part of a Recorded Exemption of the separation of Lots A and SE and was established years prior to service the farmhouses therefore the proximity of the outbuilding constructed in 2001 to the farmhouse structures is already close. It may be unclear on a paper plan drawing but to allow any additional flex offices in the location as they are proposing of any kind would be literally feet from a residential house and the residents would have to drive through these industrial buildings to access their own home and private property. 12) Driveway maintenance has already been an issue and is not being property maintained per the Access and Utility Easement Agreement. The residents of the farmhouses have been using their personal equipment to plow out from snow, control ruts that the heavy trash trucks have damaged the driveway and control overgrowth of weeds. With issues like this under the conditions of a limited operations business with a few employees a few times a day using the driveway, how would the driveway be maintained for safety and against hazards with additional hundreds of heavy weight vehicles? The driveway was not intended or constructed for that type of commercial use. The employees of the existing business have been stuck in ruts and snow banks on the driveway blocking driveway access with no one on site to remedy, how would additional traffic with no one on site to insure road maintenance be dealt with. 13) Controlling noxious weeds. The property Lot B is not being regularly maintained and could be considered a fire hazard in dry weather drought conditions. Adding hundreds of additional vehicles and public disposing of cigarettes and trash littering when weeds are not currently being controlled is a safety concern. 14) There is already a RV storage enclosure on CR 19, less than 1 mile away and with it has brought increased traffic, safety concerns and theft reports. There are multiple surrounding neighbors that are successfully operating either home based or small businesses and do so without much risk to the rural neighbors. While these businesses are not all Agriculture related, they are not detrimental to the rural environment or residential neighbors they surround. Please understand that I am not against development and growth as in most cases it can be an asset and can help increase property values. However, the type of proposal WW, LLC is proposing is not for the growth of agriculture or farmland and comes with a long list of concerns from not only myself but surrounding neighbors. • • • As I look to the future, it is my intention to keep the two residential farm lots for future assets and to continue to be able to enjoy for years to come. I hope you can acknowledge my concerns and agree that this type of growth and development comes with more of a cost than a benefit to the area around it. I thank you for your time and encourage you to contact me if you require any additional information from me regarding this matter. Thank you, rY%1 t1MiSoP Kerri Kinnison Revocable Trust Cell- 303-916-3962 • • To: The Department of Planning Services and or Weld County, Colorado Planning Commission From: Sharall Kinnison Address: 8625 WCR 2 Brighton, Colorado 80603 Date: June 8, 2017 Re: CASE NUMBER: USRI7-0016 Applicant: WW, LLC Ralph Walker Planner: Kim Ogle Hello and good day to you all, My name is Sharall Kinnison and I reside at 8625 WCR 2 which is one of the homes that sits on the property line in the very far back of the one and only entrance that Ralph Walker has purchased and is in question of where I might stand as to some questions that I see available to me. I personally have lived at 8625 WCR 2 property since November of 2006. I moved away from the big city to escape the noise and pollution to this property that now is property lined with Ralph Walker, owner doing business as WW, LLC who purchased the surrounding property in the early fall or late summer of 2016. It is just a small piece of land that is rather abundant with different forms of wildlife, and birds. I have witnessed the eagles and hawks and other forms of wild life creatures fly or run across the area on this land. In 2016 this property was a home for hawks to give birth to 3 young ones. My granddaughter and I watched them learn to fly and being able to get rather close to them. I personally welcome the hawks and eagles as well as the coyotes to control the mouse and moles populations. It also helps in controlling the prairie dogs to stay toward the front of the property purchased by Ralph Walker. I personally have never had a problem with the prairie dogs being close to my house. I hope to not start. I love my surroundings of nature and the crops and fields. I am not impressed with the actions that Ralph Walker wants to present with the land he bought, as far as being industrial and or commercial. I am being surrounded already by storage tanks and pipes from the oil productions. (Ralph Walker as far as I know has been to the property and to the shop area twice since purchasing the building and the surrounding land.) So my questions and concerns will be this. 1. Who will eradicate the prairie dogs so that they will not build closer to my home and my surrounding acreage? One cannot see them from the road because of the weeds and grass at this time. Leaving this an eye sore. 2. How will the outdoor storage unit and later the other plans affect the birds such as the pheasants, the hawks, and the eagles that do come to both properties? What trees we do have that are living nearby will be destroyed and or chopped down. 3. As far as with the coyote population it is proven to me that if you do not bother them here on this property nor any of the surrounding properties they will only hunt at night and stay away during the day. Plus we have seen an occasional fox going across the property. We also have several dogs of our own that have been running the property since I moved out here in 2006. With the traffic entering and leaving this could be some concern of the dogs getting hit unexpectedly. 4. What will prevent other forms of danger being presented close to my house and surrounding tenant's or neighbor's area with criminals and burglaries to take place. Such incidents have been reported in 2016 surrounding neighbors. The plans even of a gated outdoor storage or storage buildings will eventually incite criminal activity to take place. • Even with locked gates and cameras criminals are very smart now days. This I learned while taking my bachelors in Criminal Justice. 5. What is the anticipated control for the road dust and pollen from the weeds? I personally have COPD and dust as we have now is very bothersome, and is hard to control within my home and as well as my breathing. The large trucks coming and going from the business that is already associated to the address 8621 as being a place of storage for the time being is operating under (Western Rollof . Those large trucks have been known to come and go several times a day; there has been a couple times where a truck was covered with a green tarp and entered into the shop and taken out early in the morning. What types of product are under the tarp could be a concern and can inhabit vermin. 6. The drivers or employees that we have currently encountered are polite and they do travel slowly down the road as well as the mechanics when they go to or leave the shop. If the plans are granted to Ralph Walker will there be a mandatory speed limit set and will it be posted for both directions of road 2 as well as entry and traveling to any other forms of business within the property lines? 7. Who will control the entering into the property from WCR 2 itself? In the past we have had problems with drivers running the bus stop sign and traveling well over the speed limit. This includes the large semis that work in all the oil fields and construction. It has happened several times even to myself have come close to being hit from the rear end by myself trying to turn either left going east or right going west into the driveway up in front of the original entrance. People coming and going with their recreational equipment will also be subject to this problem. In other words there will be accidents waiting to happen. 8. I do have a granddaughter that catches the bus in the very early morning for school and late after school to which I am responsible for making sure she gets off properly. This is the only bus route for the address of 8629 to pick her up and drop her off with Weld County School District 8. Weld County School District 8 will not modify or change to accommodate people moving recreational items in and out. Or making it hard for the bus driver to pick up or drop off the student. 9. The entire surrounding property including the shop area in which my property line is also connected to has not been mowed or taken care of since last year when it was first purchased. We now have weeds that are 3 feet tall or better surrounding. I personally have had our area mowed at least five times since the spring of this year. We have wild grass that grows and we are planting trees in order to make up for the ones that are dying. There are also chickens located northeast to me as well by the other tenant. In which provides food and nourishment. This makes us agricultural on this property as well as the surrounding neighbors in the back side and front. 10. I was under the impression that the weeds and mowing would be done on a regular bases in order to control them spreading and eventually drying out and becoming a fire hazard, for I seen several gentlemen last year with the green farm tractor but have not seen them since. At this time there are no agricultural events happening to Ralph Walker's purchase not even mowing of the property. I see considerable eyesore looking to the east and to the south of my property line concerns. 2 • • 11 The retention pond that has been mentioned where does that sit as far as property lines and how will it be managed to keep that safe so that children and/or animals will riot get hurt. This will harbor mosquitoes and snakes. Are there plans to fence completely that area in? In addition, does Ralph Walker plan on fencing all his property lines off? 12. It is my understanding that there is a proposal to build flex buildings to also be leased or rented out. With some of the illegal ventures going on in Colorado at this time who is to say that something illegal would not take place? This is coming back to criminal activity being close to my property and perhaps the other tenants around the area. In addition, from the entrance to the property line that is associated with me is actually hidden from the WCR 2. 13. I am aware of some easements and setbacks are related to the oil -well companies. I know we have had emergency excess to the property off WCR Road 2. In addition once one crosses onto the property line this becomes Weld County therefore if something was happening that is in a criminal nature it would be Weld County Sheriff or State Patrol to enter not Adams County Sheriff first. If a fire was to break out Greater Brighton Fire Districts would respond. I want to thank you very much for giving me a chance to write in my concerns as they do pertain to my health, my family, my surrounding neighbors and to my benefits as being a resident of Weld County, Colorado 80603. I am very concerned about our Mother Earth and wildlife when it comes to agricultural activities being eroded away in which within the beginning founding of our principals of survival. Sincerely, Sharall Kinnison 8625 WCR 2 Brighton, Colorado 80603 Cell # 303-523-651 1 Email address: sdkimagel@aol.com 3 EXHIBIT 76: 64a yr, mat] eon c arn ///t/ /lam � S "dr& w &rn_ctrn-YaX' Z � c� flden /44,/ AeLS :led li0 n Te. repeo r -� r A199 doc-till-7 Yocti B (-de /6 [)e-o-IrS • � am cut Elm under lah� in55 c` o c� � cico r s �o'�Q�, ; plus Q -r c�S h Co Tan �) rh/el! �l�e� o ca.�f � �2) I7e.k rn � hQc,�.S e Q,nc) u /"otptrs Ao�se Coll; c A �5 o n i--herJ /cux/of? 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We have.Dori � �7O7'4 4 ?lam doys dd' c410 c,6ens evaiwc skirl zoE)t) /to be r ((//) on\I run fOyer He gn/77rcr/s-‘ MY doys. 3, jorff hod ci(F the rcawhGre b �� L � �� bus Ir\as d US %'��r�e� I � � f I h�� fe,1 to are Alocee wa/ CS oct- *) c -G hug wtri) 1,:erne s-ocus nt‘,9,1)1 Esther Gesick om: nt: To: Cc: Subject: Esther and Tom, Julie Cozad Tuesday, June 20, 2017 9:07 AM Esther Gesick; Tom Parko Jr. Commissioners: shirley@callshirley4homes.com Upcoming public hearing Please make Shirley's email below a part of the public record for the referenced case. Thanks, Julie Julie Cozad Weld County Commissioner, District 2 1150 O Street P.O. Box 758 Greeley, CO 80632 Office: 970-336-7204 Cell: 970-515-2424 Fax: 970-336-7233 icozad onweldgov.com Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: shirley@callshirley4homes.com[mailto:shirley@callshirley4homes.com] Sent: Tuesday, June 20, 2017 8:53 AM To: Mike Freeman <mfreeman@weldgov.com>; Julie Cozad <jcozad@weldgov.com>; Barbara Kirkmeyer <bkirkmeyer@weldgov.com>; Sean Conway <sconway@weldgov.com>; Steve Moreno <smoreno@weldgov.com> Cc: SHIRLEY@CALLSHIRLEY4HOMES.COM Subject: [FWD: Docket #107-48, PL2475 Need Your Help] Can you help us please in reference to: Docket #2017-48, PL2475 - A Site Specific Development Plan and Use by Special Review Permit, USR17-OO16, for any Use permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts (RV and boat storage, a dump station, enclosed self -storage and the parking and staging of trash containers, roll -offs, and vehicles and/or equipment to pick up and deliver same) provided that the property is not a lot in an approved or recorded subdivision plat or part of a map or plan filed prior to adoption of any regulations controlling subdivisions in the A (Agricultural) Zone District, WW, LLC [located north of and adjacent to CR 2; approximately 0.5 miles east of CR 17] 1 I'm highly opposed along with all of our neighbors in that section and surrounding. I purchased a 9+ acre parcel north to this parcel 4 years ago. My water well is contaminated as a result of wells having to be shut down during the frocking. The contamination is so bad that it was turned over to the Colorado Oil & as Commission to resolve on our behalf with 4 families in that area being impacted. Now Walker Commercial is purposing an RV Storage, Flex Office Buildings and to the West of me a purposed Gas Generator. I sold my farm in Keenesburg to build my retirement home on my lot, moved in with my mother which was suppose to be 9-10 months and that has turned into 4+ years with no end in site and now with this I couldn't give away my lot if I wanted to. Road 2 is a death trap for this much traffic especially for the entrance/exit at sunrise and sunset when traffic would be entering and exiting right during the sunrise and sunset, I personally know of 2 people that have died very near this location for those reasons, the sun! After the outdoor storage went into business on Road 19, crime skyrocketed, my one neighbor that was a single women like me was broken into very badly twice and she finally had to sell because of her fear and feeling violated. Mr Walker told me my property value should increase, well her property sold for less than market value and she had to add additional acreage to attract a buyer for a decrease in price. Mr Walker thinks that I should live under a security camera in my home if it ever gets built. Mr Walker is not from Weld County and very uneducated about weld county and for that matter his own parcel in reference. During the public meeting he said that the ground is not good for anything...farming, growing thats it's just good for prairie dogs. Well....there's not one prairie dog in the area nor on his parcel and it's great grass land, there where several heards of stock horses that have been grazed there for several years! I don't even think he knows a weed from native grass land. On the north end of the parcel he said that at this time they don't have plans for it but maybe at some point it would be good for a landscaping business, well he should make up his mind, is it good land to grow or good for nothing land. He also trys to be funny and says that him and his wife don't even buy green bananas, they don't know what they will be doing in 10 years, well that is my/our home and I will be there in 10 years. I don't want him to come in and develop and we will be left with his aftermath. He has lied to me several times 'ust trying to support his cause. All he wants is an investment and the hell with everyone else. He also is trying to get flex buildings approved and under the radar which both him and his partner had 2 different answers when the planning commity asked about the number of employees, I do NOT want to live in Commerce City. All of the homes in this section are Million Dollar homes, I have no idea how the outdoor storage on Rd 19 got approved, this would be devistating to me and my neighbors. Also a 1000 space ry storage just got approved 2 weeds ago on Road 6 & Road 17, how many do we need, there's already 6 in the area and none of them are at capacity. Mr Walker lives in Douglas county in a nice common interest community open to a national forest. out his back door But yet he wants to come and take away our views. If you want to live in a common interest community that's fine, if you don't want to look at your neighbors RV'S but don't put them in my back yard. Live within your means if you want all of your toys but also want to have your streets & parking looking all pretty. And if you want office buildings go to town and build them I don't want them in my back yard either. They would not want my livestock manure (shit) in there backyard or on their golf courses. Weld county is a "Right to Farm/Agriculture County" let's keep it that way. All of this just needs to stop and the facts have been proven since the outdoor storage on Rd 19 went up, High Theft, Decreasing Property Values, High Traffic, Excessive Noise. Why should they benefit at my expense, this is not there homes they are just after money at my expense. There is not one of us that attended in favor of Please help support Us Opposing!!! t's time to learn from the mistakes made and stop approving RV Storage! Shirley Amerin Keller Williams Preferred Realty 303.908.5324 Direct 03-452-9620 Fax www.ShirleyAmerin.KWRealty.com www.CallShirley4Homes.com Get FREE instant access to local homes from any cell or tablet I Appreciate Your Referrals Of Family And Friends! 2014-2017 5 Star Realtor -5280 Magazine In the top 7% for Client Satisfaction & Production • • 3 Landlord LEASE SUMMARY OF BASIC LEASE TERMS EXHIBIT _Ye- U52(7- od Morr Assets LLC, a North Carolina limited liability company Address for Notices and Payments 134 Lakefront Drive Mooresville, North Carolina 28117 2. Tenant Tenant Address for Notices 3. Premises - Building Address Legal description of Land 4. Lease Term Lease Date Commencement Date Expiration Date 5. Monthly Rent 6. Security Deposit 7 Brokers 8. Permitted Use by Tenant • Western Roll Off, LLC 9457 S. University Blvd., Suite 401, Highlands Ranch, CO 80126 8621 County Road 2 Brighton, Colorado 80603 See Exhibit A March 1, 2016 March I. 2016 The earlier of: (i) the consummation of the closing of the acquisition by WW, LLC, of the Property from Landlord, and (ii) ten (10) days following the termination of that certain Contract to Buy/Sell Real Estate dated April 19, 2016, by and between Landlord and WW, LLC. $2,000.00 per month $2,000.00 N/A Storage use only for commercial vehicles used in connection with construction debris removal business. LEASE AGREEMENT THIS LEASE is made and entered into as of the Lease Date, between Morr Assets LLC, a North Carolina limited liability company ("Landlord"), and Western Roll Off, LLC a Colorado limited liability company ("Tenant"). ARTICLE I. GENERAL 1.1. Consideration. Landlord enters into this Lease in consideration of the payment h� Tenant of the rents herein reserved and the keeping, observance and performance by Tenant of the covenants and agreements of Tenant herein contained. 1.2. Exhibits and Addenda to Lease. The following Attachments, Exhibits and Addenda listed below shall be attached to this Lease and be deemed incorporated in this Lease by this reference. Summary of Basic Lease Terms Exhibit A Legal Description of the Land Exhibit B Graphic Depiction of Premises Exhibit C Move-In/Move-Out Inspection In the event of any inconsistency between such Attachments, Exhibits and Addenda and the terms and provisions of this Lease, the terms and provisions of the Attachments, Exhibits and Addenda shall control. ARTICLE II. DEFINITIONS The following terms used in this Lease shall be defined as follows: 2.1. Additional Rent. "Additional Rent" shall mean all costs and expenses relating to the Premises including utilities, maintenance and repair thereof, and all other costs, expenses and charges which Tenant is obligated to pay under this Lease. 2.2. Base Rent. "Base Rent" shall mean the amount specified as Monthly Rent in the Summary of Basic Lease Terms. 2.3. Building. "Building" shall mean the building constructed on the Land. 2.4. Commencement Date. "Commencement Date" shall mean the date the term of this Lease commences. The Commencement Date will be the date specified as the Commencement Date in the Summary of Basic Lease Terms. 2.5. Common Facilities. "Common Facilities" shall mean all of the Property except (a) the Premises and (b) the other sections in the Building used by Landlord and/or Landlord's -2- • • • • • agents. Common Facilities shall include the Parking Area and any walks, driveways, and, if applicable, halls, stairs and restrooms designed for common use of Tenant and other users of space in the Building. 2.6. Expiration Date. "Expiration Date" shall mean the date specified as the Expiration Date in the Summary of Basic Lease Terms . 2.7. Hazardous Materials. "Hazardous Materials" shall mean any flammable explosives, radioactive materials, hazardous materials, hazardous wastes, hazardous or toxic substances, or related materials defined in the Comprehensive Environmental Response Compensation and Liability Act of 1980, as amended (42 U.S.C. Sections 9601, et seq.), The Hazardous Materials Transportation Act, as amended (49 U.S.C. Sections 1801, et seq.), The Resource Conservation and Recovery Act, as amended (42 U.S.C. Sections 9601, et seq.), and in the regulations adopted and publications promulgated pursuant thereto, or any other Law, whether currently in existence or hereafter enacted, promulgated or amended, that govern or relate to the existence, cleanup or remediation of contamination of property, the protection of the environment from spills, deposits or otherwise in place contamination, the control of hazardous or toxic substances or wastes, or the use, generation, discharge, transportation, treatment, removal or recovery of hazardous or toxic substances or wastes. 2.8. Improvements. 'Improvements" shall mean the Building and all other fixtures and improvements appurtenant thereto. 2.9. Land. "Land" shall mean the parcel of real property described in the Summary of Basic Lease Terms. 2.10. Landlord Parties means Landlord and its managers. members, partners, directors, employees, contractors, agents, successors and assigns. 2.11. Laws. "Laws" shall mean any and all federal, state and local laws, statutes, judicial decisions, regulations, ordinances, rules, building codes, judgments, decrees, permits, licenses and governmental restrictions, whether currently in existence or hereafter enacted, relating to or affecting or governing any portion of the Premises. 2.12. Lease Date. "Lease Date" shall mean the date of mutual execution of this Lease by Landlord and Tenant. 2.13. Lease Term. "Lease Term" shall mean the period of time specified in the Summary of Basic Lease Terms commencing on the Commencement Date and expiring on the Expiration Date, unless terminated prior to such date as provided in this Lease. 2.14. Monthly Rent. "Monthly Rent" shall mean the monthly installments of Base Rent in the amounts specified in the Summary of Basic Lease Terms and payable as provided in this Lease. 2.15. Mortgage. "Mortgage" shall mean a deed of trust and any mortgage encumbering all or any part of the Premises. 2.16. Mortgagee. "Mortgagee" shall mean any holder of a deed of trust and any mortgagee under a mortgage encumbering all or any part of the Premises. 2.17. Premises. "Premises" shall mean that portion of the Building occupied by Tenant as depicted on Exhibit B hereto. 2.18. Prime Rate. The "Prime Rate" shall mean the interest rate per annum as published from time to time as the "prime rate" by the bank at '‘ h ich Landlord then maintains its principal operating account and. if such rate is no longer published by such bank, such reasonably comparable substitute rate as chosen by Landlord. 2.19. Rent. "Rent" shall mean Base Rent and Additional Rent. 2.20. Real Property Taxes. "Real Property Taxes" shall mean all real property taxes, assessments or other impositions, general or special, ordinary or extraordinary, of every kind or nature, which may be levied, assessed or imposed upon or with respect to the Premises. 2.21. Tenant Parties means Tenant and its subtenants or its assignees, or their respective contractors, clients, officers, directors, employees, agents, or invitees. 2.22. Tenant's Property. "Tenant's Property" shall mean all non-attached equipment, apparatus and machinery, and all signs, inventory, furniture, furnishings and personal property used in the operation of the business of Tenant (as distinguished from the use and operation of the Premises), and any fixtures and improvements and equipment and property that Landlord requires Tenant to remove upon termination of this Lease. ARTICLE III. DEMISE AND GRANTS 3.1. Demise. Subject to the provisions, covenants and agreement herein contained, Landlord hereby leases and demises to Tenant, and Tenant hereby leases from Landlord, the Premises for the Lease Term, subject to existing covenants, conditions, restrictions, easements and encumbrances affecting the Premises. 13.1. Use of Common Facilities Parking Area. Tenant is hereby granted the non-exclusive right and license to use the Common Facilities and Parking Area, subject to the rights of Landlord reserved herein. Tenant shall not interfere, at any time, with the rights of Landlord and others entitled to use any part of the Common Facilities and Parking Area, and shall not store, either permanently or temporarily, any materials, supplies or equipment in the Common Facilities or Parking Area. Landlord shall have the right, at any time, to change, reduce or otherwise alter the Common Facilities and Parking Area, in its sole discretion and without compensation to Tenant. Use of the Parking Area will be at the risk of Tenant and any other users. Landlord shall not be responsible for any damage to any automobile, vehicle or other property which occurs in or about the Parking Area. 3.2. Covenant of Quiet Enjoyment. Provided Tenant is not in default and keeps, observes and performs the covenants and agreements of Tenant contained in this Lease, Tenant shall have quiet and peaceable possession of the Premises subject to the terms of this Lease and 4 • • • • such possession shall not be disturbed or interfered with by Landlord or by any person claiming by, through or under Landlord. Landlord covenants and agrees to pay in a timely fashion and perform all obligations required under any Mortgage, and to contemporaneously provide Tenant any notice of default received by Landlord from the Mortgagee. In the event of any such default, Tenant may attorn to such Mortgagee. 3.3. Grant of Easements. Landlord shall have the right at any time and from time to time to grant easements, rights of way or other similar rights over and across the Premises, with Tenant's written consent, which consent shall not be unreasonably withheld, provided such rights do not unreasonably interfere with Tenant's use of the Premises and Tenant is not denied access to the Premises. 3.4. Condition of Premises. Tenant covenants and agrees that, upon taking possession of the Premises, Tenant shall be deemed to have accepted the Premises "AS IS" and Tenant shall be deemed to have waived any warranty of condition or habitability, suitability for occupancy, use or habitation, fitness for a particular purpose or merchantability, express or implied relating to the Premises. Tenant's acceptance of the Premises shall constitute its acknowledgement that the Premises was in good condition, order and repair at the time of such acceptance including, without limitation, all other mechanical and electrical systems, as further evidenced by the Move-In/Move- Out Inspection. ARTICLE IV. TERM OF LEASE 4.1. Lease Term. The terms of this Lease shall be effective as of the Lease Date and the Lease Term shall commence on the Commencement Date and shall expire on the Expiration Date unless terminated earlier as provided in this Lease. 4.2. Delivery of Premises. Possession of the Premises will be delivered to Tenant as of the Commencement Date. 4.3. Early Possession. If for any reason Landlord grants Tenant the right to enter upon, occupy or otherwise take possession of any portion of the Premises prior to the Commencement Date, Tenant shall abide by all of the terms and conditions of this Lease in connection with such early entry or occupancy, including procuring and maintaining all insurance required to be maintained by Tenant under this Lease, but excluding the obligation to pay Base Rent for the Premises for such period of early occupancy. 4.4. Confirmation of Lease Terms. Following delivery of possession of the Premises to Tenant, Landlord and Tenant shall execute a confirmation of the terms of this Lease, in a form to be submitted by Landlord, confirming the Commencement Date, the Expiration Date and such other Lease terms as reasonably required by Landlord or Tenant. 4.5. Intentionally Deleted. ARTICLE V. RENT AND OTHER AMOUNTS PAYABLE 5.1. Base Rent and Additional Rent. Tenant covenants and agrees to pay to Landlord, without offset, deduction or abatement, Base Rent and any Additional Rent (to the extent such expenses are paid by Landlord and are not paid directly by Tenant) for the full Lease Term. 5.2. Monthly Rent. Base Rent shall be payable monthly in advance, without notice, in equal installments in the amount of Monthly Rent specified in die Summary of Basic Lease Terms. The first installment of Monthly Rent shall be due on the Commencement Date and thereafter Monthly Rent shall be due and payable on or before the first day of each calendar month during the Lease Term. The rental payment for any fractional calendar month at the commencement or end of the Lease Term shall be prorated based on the actual number of days in the calendar month. 5.3. Place of Payments. Base Rent, Additional Rent and all other sums payable by Tenant to Landlord under this Lease shall be paid to Landlord at the Place for Payments to Landlord specified in the Summary of Basic Lease Terms, or such other place as Landlord may, from time to time, designate in writing. 5.4. Rent Absolute. It is the intent and agreement of the parties that the Base Rent provided in this Lease shall be a net payment to Landlord and that, except as otherwise specifically provided in this Lease, the Lease shall continue for the full Lease Term notwithstanding any occurrence preventing or restricting use and occupancy of the Premises, including any damage or destruction affecting the Premises; the Base Rent and Additional Rent shall be absolutely payable without offset, reduction or abatement for any cause; Landlord shall not bear any costs or expenses relating to the Premises or provide any services or do any act in connection with the Premises except as otherwise set forth herein; and Tenant shall pay all costs and expenses relating to the Premises and the Improvements, all as provided in this Lease. Notwithstanding the forgoing, in the event of any action by a governmental authority relating to or affecting the Premises pursuant to which Tenant's use of the Premises is deemed in violation of existing laws, rules, regulations or ordinances, Landlord may terminate this Lease by providing written notice thereof to Tenant stating the effective date of such termination. Upon such termination, Landlord shall have no further obligations, responsibility or liability to Tenant under this Lease and this Lease shall terminate and be of no further force or affect. 5.5. Security Deposit. Tenant has deposited with Landlord the Security Deposit in the amount, if any, set forth in the Summary of Basic Lease Terms. The Security Deposit will be held as security for Tenant's payment of Rent and performance of its obligations under this Lease. If Tenant defaults in its payment Rent or performance of its other obligations under this Lease, Landlord may use all or part of the Security Deposit for the payment of Rent or any other amount in default, or for the payment of any other amount that Landlord may spend or become obligated to spend by reason of Tenant's default. If Landlord so uses any portion of the Security Deposit, Tenant will restore the Security Deposit to its original amount within five (5) days after written demand from Landlord. Landlord will not be required to keep the Security Deposit separate from its own funds and Tenant will not be entitled to interest on the Security Deposit. The Security Deposit will not be a limitation on Landlord's damages or other rights under this 6 • • • • • • Lease, or a payment of liquidated damages, or an advance payment of Rent. I I' Tenant pays the Rent and performs all of its other obligations under this Lease, Landlord will return the unused portion of the Security Deposit to Tenant within sixty (60) days after the expiration of this Lease. ARTICLE VI. TAXES 6.1. Real Property Taxes. Landlord shall pay all Real Property Taxes that accrue during or are attributable to the Lease Term, all of which shall be paid prior to the date that such Real Property Taxes become delinquent. 6.2. Personal Property and Other Taxes. Tenant shall pay promptly when due all personal property taxes on personal property of Tenant in or on the Premises, including all fixtures placed in the Premises and all federal, state and local income taxes, sales taxes, use taxes, Social Security taxes, unemployment taxes and taxes withheld from wages or salaries paid to Tenant's employees. ARTICLE VII. INSURANCE 7.1. Liability Insurance. (a) At all times during the Term, Tenant shall procure and maintain, at its sole expense for the protection of Landlord and Tenant, commercial general liability insurance applying to the use and occupancy of the Premises and the business operated by Tenant. Such insurance shall have a minimum combined single limit of liability of at least $1,000,000 per occurrence and a general aggregate limit of at least $2,000,000, and Tenant shall provide in addition excess liability on a following form basis, with overall limits of at least $5,000,000, to its primary liability coverages. All such policies shall be written to apply to all bodily injury (including death), property damage and personal injury losses, shall include blanket contractual liability, broad form property damage, products liability, cross liability and severance of interest clauses, and shall be endorsed to include Landlord and its agents, beneficiaries, partners, employees, and any Mortgagee designated by Landlord as additional insureds. (b) At all times during the Term, Tenant shall procure and maintain, at its sole expense for the protection of Landlord and Tenant. primary automobile liability insurance with limits of not less than $1,000,000 per occurrence covering owned, hired and non -owned vehicles used by Tenant. (c) At all times during the Term of this Lease, Tenant shall procure and maintain Workers' Compensation Insurance in accordance with the laws of the State of Colorado, and employer's liability insurance with a limit not less than $1,000,000 bodily injury each accident; $1,000,000 bodily injury by disease — each person; and $1,000,000 bodily injury by disease policy limit. 7.2. Casualty Insurance. Landlord shall maintain at its expense fire, wind and extended coverage insurance on the Premises in form satisfactory to Landlord, in an amount satisfactory to Landlord. Landlord and any Mortgagee designated by it will be named as a loss payee on these policies. The proceeds of such insurance shall be used for the repair and replacement of the property so insured, except that if not so applied or if this Lease is terminated following a casualty, the proceeds applicable to the Premises and leasehold improvements shall be paid to Landlord. 7.3. Policy Provisions. A II insurance required to be maintained by Tenant shall be issued by insurance companies authorized to do insurance business in the State of Colorado and rated not less than A:VII in Best's Insurance Guide. All such insurance policies shall be subject to Landlord's approval and shall be written as primary policies, not excess or contributing with or secondary to any other insurance as may be available to Landlord or to the additional insureds. Tenant shall not violate or permit to be violated any of the conditions of any of such policies and shall perform and satisfy all requirements of the companies writing them. A certificate of insurance (or, at Landlord's option, copies of the applicable policies) evidencing the insurance required under this shall be delivered to Landlord not less than thirty (30) days prior to the Commencement Date. No such policy shall be subject to cancellation or modification without thirty (30) days prior written notice to Landlord and to any Mortgagee designated by Landlord. Tenant shall furnish Landlord with a replacement certificate with respect to any insurance not less than thirty (30) days prior to the expiration of the current policy. The limits and terms of all insurance policies hereunder shall be subject to such adjustments as any Mortgagee may require. 7.4. Blanket Insurance. Any insurance required of Tenant under this Lease may be furnished by Tenant under a blanket policy carried by Tenant. Such blanket policy shall contain an endorsement that names Landlord as an additional insured, references the Premises, and guarantees a minimum limit available for the Premises equal to the insurance amounts required in this Lease. 7.5. Waiver of Subrogation. Notwithstanding anything in this Lease to the contrary, Landlord and Tenant hereby each waive and release the other from any and all claims or any loss or damage that may occur to the Land, Building, Improvements, Premises, or personal property located therein, by reason of fire or other casualty regardless of cause or origin, including the negligence or misconduct of Landlord, Tenant, Landlord Parties or Tenant Parties, but only to the extent of the insurance proceeds paid to such releasor under its policies of insurance or, if it fails to maintain the required policies, the insurance proceeds that would have been paid to such releasor if it had maintained such policies. Each party.to this Lease shall promptly give to its insurance company written notice of the mutual waivers contained in this subparagraph, and shall cause its insurance policies to be properly endorsed, if necessary, to prevent the invalidation of any insurance coverages by reason of the mutual waivers contained in this subparagraph. ARTICLE VIII. PROPERTY EXPENSES 8.1. Utility Charges. Tenant shall contract in Tenant's own name and pay, in a timely manner, all charges for gas/propane electricity, light, heat, power, telephone, and all other utility services used, rendered or supplied to or for the Premises; provided, however. Landlord may, in its discretion, contract in Landlord's own name and pay for water service for the Building. Notwithstanding the forgoing, if Landlord contracts for water service for the Building and • • • • • Tenant's water usage exceeds _$40.00 , then Landlord shall so notify Tenant and Tenant shall be obligated to pay, as Additional Rent on a monthly basis, for water serving the Premises, such amount to be determined by Landlord in its reasonable discretion. Washing company vehicles is not permitted in the Building or on the Premises at any time. During the move -in inspection, Landlord and Tenant shall note the propane level and Tenant hereby agrees that Tenant will fill the propane tank to such upon the expiration or earlier termination of this Lease. 8.2. Tenant's Maintenance Obligation. Tenant, at its sole cost and expense, shall maintain, repair, replace and keep the Premises and all Improvements, fixtures and personal property thereon, including all utilities, plumbing, electrical, life safety, and mechanical systems, heating, ventilation and air conditioning ("HVAC") systems and all other building systems, in good, safe and sanitary condition, order and repair and in a good and operable condition and otherwise in a condition comparable to that which exists on the date Landlord delivers the Premises to Tenant, and in accordance with all applicable Laws. Further, Tenant shall be responsible, at Tenant's sole cost and expense, for the maintenance and repair of the access road traversing the Land. In addition, Tenant shall perform or contract for and promptly pay for trash and garbage disposal, janitorial and cleaning services, window washing, repair and replacement of all damage to Tenant's signs, loading dock doors, areas or systems, replacement of damaged or broken glass and other breakable materials, replacement of interior light bulbs and light fixtures in or serving the Premises. All maintenance, repair and replacement work to be performed by Tenant shall be done promptly, in a good and workmanlike fashion, and without diminishing the original quality of the Premises. Landlord requires and Tenant hereby covenants and agrees to maintain the heat in the Building and the Premises at an acceptable level such that water lines within the Building do not freeze and/or break. 8.3. Landlord Maintenance Obligation. Landlord shall be responsible for and shall bear the costs and expenses of replacement, extraordinary maintenance and repairs to, exterior walls, structural elements and roof of the Building and Improvements, all of which shall be maintained in a good and operable condition. Notwithstanding the foregoing, if the repairs, replacement or extraordinary maintenance are required by reason of the acts, omissions or default by Tenant or its employees, agents or contractors, such costs and expenses shall be borne by Tenant. Tenant shall give Landlord notice of any known defects or need for repair or replacement of any such items for which Landlord is responsible. Landlord shall have no obligation to provide any service, maintenance, repair or replacement, except as specifically provided in this Lease. Landlord shall be responsible for snow removal with respect to the access road(s) to the Building. Further, Tenant hereby agrees that Landlord may store in the Building (including the Premises, as necessary), equipment and machinery utilized for the snow removal and road maintenance services provided by Landlord and/or Landlord's agents and contractors. ARTICLE IX. OTHER COVENANTS OF TENANT Tenant hereby covenants and agrees: 9.1. Limitation on Use by Tenant. Tenant shall use the Premises only for the use or uses set forth as Permitted Uses by Tenant in the Summary of Basic Lease Terms and for no other purposes, except with the prior written consent of Landlord, which consent will not be unreasonably withheld. 9.2. List of Employees, Guests and Invitees. Tenant shall provide to Landlord a list of all of Tenant's employees, agents, guests, invitees and contractors who will be entering the Property/Premises and, with respect to Tenant's agents, guests, invitees and contractors, shall provide Landlord the reason such person is entering the Property/Premises. 9.3. Compliance with Laws. Tenant will comply with all Laws relating to the use, condition or occupancy of the Premises including all zoning Laws. Nothing shall be done or kept on the Premises in violation of any Law and the Premises shall be used, kept and maintained by Tenant in compliance with all Laws, including the certificate of occupancy issued for the Building and the Premises and all zoning Laws. To the extent Tenant's use or occupancy of the Premises violates any Laws, Landlord shall have the right to terminate this Lease as set forth in Section 5.4 above. 9.4. Compliance with Insurance Requirements. Nothing shall be done or kept on the Premises which might impair or increase the cost of insurance maintained with respect to the Premises which might increase the insured risks or which might result in cancellation of any such insurance. 9.5. No Waste or Impairment of Value. Nothing shall be done or kept on the Premises which might impair the value of the Premises, or which would constitute waste. 9.6. No Structural or Electrical Overloading. Nothing shall be done or kept on the Premises and that no improvements, changes, alterations, additions, maintenance or repairs shall be made to the Premises which might impair the roof or the tructural soundness of the Building, which might result in an overload of electrical lines or other utilities serving the Building or which might interfere with electric or electronic equipment in the Building or on any adjacent or nearby property. In the event of any violation of any of the foregoing by Tenant or its employees, contractors or agents, Tenant shall immediately remedy the violation at Tenant's expense and in compliance with all requirements of governmental authorities and insurance underwriters. 9.7. Use of Roof Tenant shall not make any penetrations in the roof of the Building without the consent of Landlord, which consent shall not be withheld if the work is undertaken by contractors approved by the company providing the warranty for the roof and is otherwise performed in such a manner so as not to violate any roof warranty and, if there is no roof warranty, to the standards which the company previously providing the roof warranty would require if there was a roof warranty. 9.8. No Nuisance, Noxious or Offensive Activity. No noxious or offensive activity shall be carried on upon the Premises, nor shall anything be done or kept on the Premises which may be or become a public or private nuisance or which may cause embarrassment, disturbance, or annoyance to others in or on adjacent or nearby property. 9.9. No Unsightliness. No unsightliness shall be permitted on or in the Premises that is visible from any adjacent or nearby property. Without limiting the generality of the foregoing, -10- • • • • • • all unsightly conditions, equipment, objects and conditions shall be kept enclosed within the Premises; no refuse, scrap, debris, garbage, trash, bulk materials or waste shall be kept, stored or allowed to accumulate on the Premises except as may be enclosed within the Premises. 9.10. Signs. No signs or advertising devices of any nature shall be erected or maintained by Tenant on the Premises except as approved by Landlord, which approval shall not be unreasonably withheld. 9.11. No Violation of Restrictions. Tenant shall not commit, suffer or permit any violation of any covenant, condition, restriction, easement or right of way (collectively, "Restrictions"), now or in the future, affecting the Premises. Landlord will not enter into any new Restrictions without Tenant's written consent, which consent shall not be unreasonably withheld, provided such rights do not unreasonably interfere with Tenant's use of the Premises and Tenant is not denied access to the Premises 9.12. Financial Statements. Upon Landlord's written request, Tenant shall provide Landlord with Tenant's most recent financial statements, which will include a balance sheet, an income statement and copies of Tenant's most recent audited financial statements, if any. Upon any event of default by Tenant, Landlord may upon written request, require Tenant to submit financial statements updated through the most recent month of operation. Failure to submit financial statements upon request will be an additional event of default. All financial information shall be kept confidential and is used solely for purposes of monitoring the creditworthiness of Tenant. However, Landlord may disclose such financial information to any Mortgagee if so required by the Mortgagee. All financial statements delivered hereunder shall be certified by an appropriate officer, member, or partner of Tenant to be true and correct. ARTICLE X. ALTERATIONS AND IMPROVEMENTS 10.1. Restriction on Alterations. No work in connection with any improvements, changes, alterations, additions to, removal or demolition of any Improvements on the Premises ("Alterations") shall be commenced or continued unless and until Tenant shall have obtained Landlord's prior written consent. 10.2. Landlord Consent. For any Alterations for which Landlord's consent is required, (a) Tenant shall comply with all reasonable conditions which may be imposed by Landlord, in connection with such consent; and (b) Tenant shall pay to Landlord the reasonable costs and expenses of Landlord for architectural, engineering or other consultants which may be reasonably incurred by Landlord in determining whether to approve any Alterations and to inspect and approve the Alterations during and following their completion. 10.3. Conditions to Improvements. Prior to commencing any Alterations (regardless of whether Landlord's consent is required), Tenant shall have, at Tenant's sole cost and expense, (a) procured and paid for all necessary permits and authorizations from any governmental authorities having jurisdiction; (b) procured and Tenant shall thereafter maintain or cause to be maintained workmen's compensation insurance covering all persons employed in connection with the work; and (c) obtained and thereafter Tenant shall maintain liability insurance covering any loss or damage to persons or property arising in connection with any such Alterations and -I1- such other insurance or bonds as Landlord may reasonably require. Any Alterations shall be subject to all requirements and restrictions of any Mortgagee. Any such Alterations shall be completed with due diligence and in a good and workmanlike fashion and in compliance with all applicable permits, authorizations and Laws. All of the costs and expenses with respect to such Alterations shall be paid promptly when due. All Alterations shall become the property of the Landlord at the expiration of the Lease Term or, if Landlord so requests, Tenant shall, at or prior to expiration of the Lease Term and at its sole cost and expense, remove such Alterations and restore the Premises to their condition prior to such Alterations. 10.4. No Mechanic's Liens. Tenant shall not permit or suffer any mechanic's, materialmen's or other lien (collectively, "mechanic's lien") on account of supplies, machinery, tools, equipment, labor or material furnished or used in connection with the construction, alteration, improvement, addition to or repair of the Premises by, through or under Tenant. At least twenty (20) days prior to any Alterations, Tenant shall provide written notice to Landlord of the date of commencement of any Alterations. Landlord shall have the right, at any time and from time to time, to post and maintain on the Premises and Building such notices as Landlord deems necessary to protect the Premises against mechanic's liens. If any mechanic's lien is filed against any of the Premises, Tenant shall, at its sole cost and expense, within twenty (20) days following the filing, cause such lien to be released of record. If Tenant fails to do so, then Landlord shall have the right, after giving 10 days prior written notice, to take any action necessary to cause the lien to be released, including paying the underlying obligation, and Tenant shall reimburse Landlord upon demand for the amounts paid by Landlord to cure such default. Tenant has no authority, express or implied, to create or place any lien or encumbrance of any kind or nature whatsoever upon the Premises.. 10.5. Trade Fixtures and Equipment. Tenant may without Landlord's consent, at its expense, install, assemble or place upon the Premises any items of machinery, equipment or racking used or useful in Tenant's business, all of which shall be deemed Tenant's Property. Tenant's Property shall be and remain the property of Tenant. Tenant may remove any of Tenant's Property from the Premises at any time, provided that Tenant shall be required to repair any damage to the Premises resulting from the removal of Tenant's Property. 10.6. Landlord Title to Fixtures and Improvements. All fixtures and improvements on the Premises and all equipment and personal property relating to the use and operation of the Premises (as distinguished from Tenant's Property used in operations incident to the business of Tenant), including all plumbing, heating, lighting, electrical and air conditioning fixtures and equipment, regardless of whether attached to or affixed to the Premises, and regardless of whether now or hereafter located upon the Premises shall be and remain the property of the Landlord upon termination or expiration of the Lease Term, or, if Landlord so requests, Tenant shall, at or prior to expiration of the Lease Term at its sole cost and expense, remove any or all of such fixtures, improvements, equipment and personal property as designated by Landlord. ARTICLE XI. LANDLORD RIGHTS 11.1. Subordination. This Lease and Tenant's interest in the Premises shall be junior and subordinate to any Mortgage now or hereafter encumbering the Premises. Notwithstanding - 12- • • • • • • such subordination, Tenant's right to quiet possession of the Premises shall not be disturbed following foreclosure as long as Tenant is not in default and continues to pay Rent and observe and perform all of its obligations under this Lease. In the event of a foreclosure of any such Mortgage, Tenant shall attorn to the party acquiring title to the Premises as the result of such foreclosure. No act or further agreement by Tenant shall be necessary to establish the subordination of this Lease to any such Mortgage which is self-executing, but Tenant covenants and agrees, upon request of Landlord, to execute such documents as may be necessary or appropriate to confirm and establish this Lease as subordinate to any such Mortgage in accordance with the foregoing provisions. Alternatively, Tenant covenants and agrees that, at the option of any Mortgagee, Tenant shall execute documents as may be necessary to establish this Lease and Tenant's interest in the Premises as superior to any such Mortgage. 11.2. Estoppel Certificates. Tenant shall, within twenty (20) days after Landlord's written request, execute, acknowledge and deliver to Landlord a written statement certifying that this Lease is unmodified (or, if modified, stating the modifications) and in full force and effect; stating the dates to which Base Rent has been paid; stating the amount of the Security Deposit held by Landlord, if any; stating the amount of the Monthly Rent for the current year; stating whether or not Landlord is in default under this Lease (and, if so, specifying the nature of the default); and stating such other matters concerning this Lease as Landlord may reasonably request. Such statement may be delivered to and relied upon by any existing or prospective mortgagee or purchaser of the Premises. 11.3. Right to Inspect and Show Premises. Landlord and the authorized representatives of Landlord shall have the right to enter the Premises at any reasonable time during ordinary business hours for the purposes of inspecting, repairing or maintaining the same or performing any obligations of Tenant which Tenant has failed to perform hereunder or for the purposes of showing the Premises to any existing or prospective Mortgagee, purchaser or tenant of the Premises or any part thereof. Landlord shall use good faith efforts to schedule with Tenant any entry into the Premises so as to minimize the disruption to Tenant's business. Landlord shall at all times during such entry use commercially reasonable efforts to minimize the disruption to Tenant's business and, upon completion of its repair or maintenance work, Landlord shall restore the Premises to the condition that existed prior to Landlord's entry. During the last six (6) months of the Lease Term, Landlord may place on the Premises a sign advertising the Premises "For Sale" or "For Lease." 11.4. Damage to Tenant's Property. Landlord, its employees, agents and contractors shall not be liable for any damage to property of Tenant or of others located in the Premises, nor for the loss of any property by theft or otherwise unless caused by or due to the willful misconduct or gross negligence of Landlord. Landlord, its employees, agents and contractors shall not be liable for any injury or damage to persons or property resulting from fire, explosion, falling plaster, steam, gas, electricity, wind, water, rain or snow, including any leaks from any part of the Building or from the pipes, appliances or plumbing works, unless caused by or due to the willful misconduct or gross negligence of Landlord, its employees, agents or contractors acting within the scope of their employment or agency. 1 1.5. Tenant Indemnification of Landlord. Tenant shall protect, indemnify and save Landlord and Landlord's employees, members, managers, management company and agents - 13- harmless from and against all liability, obligations, claims, damages, penalties, causes of action, costs and expenses, including reasonable attorneys' fees, imposed upon, incurred by or asserted against Landlord by reason of each of the following: (a) any accident, injury to or death of any person or loss of or damage to any property occurring on or about the Premises; (b) any act or omission of Tenant or Tenant's employees, agents or invitees or of anyone claiming by, through or under Tenant: (c) any use which may be made of, or condition existing upon, the Premises; (d) any improvements, fixtures or equipment upon the Premises; (e) any failure on the part of Tenant to perform or comply with any of the provisions, covenants or agreements of Tenant contained in this Lease; (f) any violation of any Law by Tenant or Tenant's officers, employees. agents, guests or invitees or by anyone claiming by, through or under Tenant; and (g) any repairs, maintenance or Alterations to the Premises by, through or under Tenant. If any action, suit or proceeding is brought against Landlord by reason of any of the foregoing, Tenant shall, at Tenant's sole cost and expense, defend Landlord in any such action, suit or proceeding with counsel approved by Landlord, which approval shall not be unreasonably withheld. Tenant's obligation to indemnify Landlord and the other parties to be indemnified hereunder shall survive the termination of this Lease. 11.6. Liability of Landlord. Tenant waives and releases any claims Tenant may have against Landlord or Landlord's officers, agents or employees for loss, damage or injury to person or property sustained by Tenant or Tenant's officers, agents, employees, guests. invitees or anyone claiming by, through or under Tenant resulting from any cause whatsoever other than the gross negligence or willful misconduct of Landlord. Notwithstanding anything to the contrary contained in this Lease, Landlord, and its officers, directors, managers, shareholders, partners, members and employees, shall not be personally liable with respect to any of the terms, covenants and conditions of this Lease or any obligation or liability arising in connection therewith. Tenant shall look solely to the equity of Landlord in the Premises, including the rents, profits and proceeds from the Premises, for the satisfaction of any judgment against Landlord or any other remedies of Tenant in the event of a breach by Landlord of any of its obligations under this Lease, it being agreed that Landlord, its officers, directors, managers, shareholders, partners, members and employees shall never be personally liable for any such judgment or obligations. Such exculpation of liability shall be absolute and without any exception whatsoever. 11.7. Release upon Transfer by Landlord. In the event of a transfer by Landlord of the Premises, Landlord's successor or assign shall take subject to and be bound by this Lease and, provided Landlord transfers the Security Deposit, if any, to the transferee as provided in this Lease, in such event, Tenant covenants and agrees that Landlord shall be released from all obligations of Landlord under this Lease, except obligations which arose and matured prior to such transfer by Landlord; that Tenant shall thereafter look solely to Landlord's successor or assign for satisfaction of the obligations of Landlord under this Lease; and that, upon demand by Landlord or Landlord's successor or assign, Tenant shall attorn to such successor or assign. 11.8. Rules and Regulations. Landlord may adopt reasonable Rules and Regulations for the operation of the Premises. The Rules and Regulations may be adopted, amended, modified, repealed or replaced from time to time by Landlord by providing written notice thereof to Tenant, provided no such Rules and Regulations shall conflict with the terms of this Lease and, if there is deemed to be any conflict, the terms of this Lease will control. -14- • • • • • • ARTICLE XII. NO ASSIGNMENT OR SUBLETTING 12.1. Prohibition. Tenant shall not allow or permit any transfer of this Lease, or any interest under this Lease, by operation of law, or convey, mortgage, pledge or encumber this Lease or any interest in this Lease (an "Assignment"), nor shall Tenant sublease all or any part of the Premises (a "Sublease") without Landlord's prior written consent, which consent shall not be unreasonably withheld, or unless otherwise permitted under this Article. Any Assignment or Sublease by Tenant without Landlord's written consent or not otherwise permitted under this Lease shall be void and shall constitute a Tenant Default under this Lease. If Tenant believes that Landlord has unreasonably withheld its consent, Tenant's sole remedy will be to seek a declaratory judgment that Landlord has unreasonably withheld its consent or an order of specific performance or mandatory injunction of landlord's agreement to give its consent. Tenant waives any right to damages for Landlord's failure to give its consent. 12.2. Submission of Information. As a part of its request for Landlord's consent to a specific Assignment or Sublease, Tenant will give Landlord the following: (a) the name and address of the proposed assignee or subtenant, (b) a copy of the proposed Assignment or Sublease document, (c) information about the nature, business and business history of the proposed assignee or subtenant, and its proposed use of the Premises, and (d) banking, financial and other credit information, and references about the proposed assignee or subtenant sufficient to enable Landlord to determine the financial responsibility and character of the proposed assignee or subtenant. Landlord's consent to an Assignment or Sublease will not be effective until a fully executed copy of the instrument of assignment or sublease has been delivered to Landlord; in the case of an assignment, Landlord has received a written instrument in which the assignee has assumed and agreed to perform all of Tenant's obligations in the Lease; and Landlord has received reimbursement for its reasonable attorneys' fees and costs incurred in connection with both determ i n i ng whether to give its consent and giving its consent. 12.3. Right to Withhold Consent. Notwithstanding anything which may be contained in this Article to the contrary, in addition to any other reasonable reasons it may have for doing so, Landlord may withhold its consent to any Assignment or Sublease if (a) the financial responsibility of the proposed assignee or subtenant is not reasonably satisfactory to Landlord; (b) the proposed use to be made of the Premises would not, in Landlord's business judgment, be likely to succeed; (c) the proposed use to be made of the Premises would in any way, in Landlord's reasonable business judgment, increase the potential risk or liability to Landlord out of or relating to Hazardous Substances; or (d) the proposed Assignment or Sublease would involve less than the entire Premises being occupied by a single entity. 12.4. No Release of Tenant. Landlord's consent to an Assignment or Sublease will not release Tenant from the payment and performance of its obligations in the Lease, but rather Tenant and its assignee will be jointly and severally primarily liable for such payment and performance. An Assignment or Sublease without Landlord's prior written consent will be void at Landlord's option. 12.5. Additional Rents. If Tenant enters into an approved Sublease or Assignment and the Sublease or Assignment provides or permits any rent or other consideration, whether in a - 15- lump sum or in periodic installments, such excess rent or other consideration shall, at Landlord's sole direction, be paid to Landlord. Landlord's election to receive all rents shall be made, if at all, at the time Landlord agrees to allow Tenant to Sublease. If Landlord elects to receive any excess rents from a Sublease, Landlord will release Tenant from the Lease and all obligations of Tenant shall thereafter be null and void. If Landlord elects not to receive any excess rents from a Sublease, then Tenant shall continue to pay its Rent and other sums due under this Lease to Landlord, as before the Sublease or Assignment was signed, and Tenant will continue to be obligated to all terms and conditions of this Lease. 12.6. Prohibition of Further Assignment and Subleasing. Landlord's consent to one Assignment or Sublease will not waive the requirement of its consent to any subsequent assignment or sublease. ARTICLE XIII. HAZARDOUS MATERIALS 13.1. Environmental Hazards. Tenant shall not cause or permit the Premises to be used to generate, manufacture, refine, process or warehouse Hazardous Materials and Tenant shall not cause or permit, as a result of any intentional or unintentional act or omission on the part of Tenant, a release of Hazardous Materials onto the Premises or onto any other property or ambient air or waters, except Tenant shall be allowed to use, store, transport and dispose of Hazardous Materials as provided in this Article. 13.2. Tenant Covenants. Tenant shall comply with all applicable Laws whenever and by whomever triggered and shall (a) conduct and complete all investigations, studies, sampling, and testing and all remedial removal, and other actions necessary to clean up and remove all Hazardous Materials, on, from or affecting the Premises in accordance with all applicable Laws and in accordance with the orders and directives of all federal, state and local governmental authorities, and (b) defend, indemnify and hold harmless Landlord, its agents, employees, from and against any claims, demands, penalties, fines, liabilities, settlements, damages, costs and expenses of whatever kind or nature, known or unknown, contingent or otherwise, arising out of, or in any way related to the presence, disposal, release or threatened release of any Hazardous Materials which are on, from or affecting the soil, water, vegetation, buildings, personal property, persons, animals, or otherwise; (c) any personal injury (including wrongful death) or property damage (real or personal) arising out of or related to such Hazardous Materials; (d) any lawsuit brought or threatened, settlement reached, or government order relating to such Hazardous Materials; and (e) any violation of Laws or demands of government authorities, or any policies or requirements of Mortgagee, which are based upon or in any way related to such Hazardous Materials including attorney and consultant fees, court costs, and litigation expenses. 13.3. Permitted Materials. Notwithstanding the prohibitions in this Article, Tenant may use de minimis amounts of Hazardous Materials within the Premises. De minimis amounts means small amounts of Hazardous Materials being used within the Premises in such quantities as are customarily employed in or associated with the operation and maintenance of the business conducted by Tenant as set forth in the Permitted Uses, and at all times in such manner so as not to violate any applicable Laws. -16- • • • • 13.4. Environmental Indemnity. (a) Tenant shall and hereby does indemnify Landlord and hold and defend Landlord harmless from and against any and all reasonable and actual expense, loss and liability suffered by Landlord by reason of Tenant's breach of any of Tenant's Environmental Warranties or any other of the provisions of this Article XIII. Such expenses, losses and liabilities shall include, without limitation, (i) any and all expenses Landlord may incur to comply with any Environmental Laws as a result of Tenant's failure to comply therewith; (ii) any and all costs Landlord may incur in studying and remedying any contamination at or arising from the Premises as a result of a failure by Tenant to comply with this Article XIII or any Environmental Laws; (iii) any and all costs Landlord may incur in studying, removing, remediating, disposing or otherwise addressing any Hazardous Substances present at the Premises as a result of a failure of Tenant to comply with this Article XIII or any Environmental Laws; (iv) any and all fines, penalties or other sanctions assessed upon the Premises, the Real Estate or Landlord by reason of Tenant's failure to comply with Environmental Laws; and (v) any and all reasonable legal and professional fees and costs incurred by Landlord in connection with the foregoing. The indemnity contained herein shall survive the termination of expiration of this Lease. (b) Landlord shall indemnify, save and hold harmless Tenant, its present and future affiliates and subsidiaries, if any, their respective employees, representatives, officers, directors and agents from and against any and all costs, losses, liabilities, damages, lawsuits, expenses, interest, and penalties incurred in connection with, arising out of, resulting from or incident to a breach of any Environmental Warranty contained herein. The provisions of this paragraph shall survive the term of this Lease. ARTICLE XIV. DAMAGE OR DESTRUCTION 14.1. Tenant's Notice of Damage. If any portion of the Premises shall be damaged or destroyed by fire or other casualty, Tenant shall give prompt written notice thereof to Landlord. As soon as reasonably practical, Landlord shall give written notice to Tenant stating Landlord's estimate of the time necessary to repair or restore the Premises. 14.2. Damage or Destruction. If the Premises are partially damaged by tire, explosion or other casualty, Landlord shall commence repair, restoration or rebuilding thereof within sixty (60) days after such damage, or promptly after issuance of all necessary building permits, if building permits arc not received within said sixty day period, through no fault of Landlord, and shall complete such repair, restoration or rebuilding with all due diligence, and Rent shall be abated as to the part of the Premises which is usable by Tenant. If the Premises are made wholly untenantable by fire or other casualty, then Landlord and Tenant shall agree at such time as to the schedule for reconstruction and repair and shall commence said repair, restoration and rebuilding thereof within sixty (60) days after the occurrence causing such damage, or promptly after issuance of all necessary building permits, if building permits are not received within said sixty day period, and shall complete such repair. restoration and rebuilding with all due diligence. For purposes of this Lease untenantability shall he deemed to have occurred when any condition or - I7- circumstance existing or relating to all or a portion of the Premises which renders the affected areas not suitable for Tenant's conduct of its business therein or inaccessible. If the Premises are rendered wholly untenantable then Rent shall abate until the Premises are again ready for Tenant's occupancy. 14.3. Application of Insurance Proceeds. If Landlord does not have the obligation to repair or restore, then Tenant shall have the right, but not the obligation, to effect repair or restoration of the Premises in the event of a casualty loss, and that Landlord will make the proceeds of casualty insurance paid to Landlord available to Tenant for this purpose, subject to such reasonable disbursement procedures as an institutional construction lender would apply under similar circumstances, including the requirement that Tenant deposit with Landlord the difference between the estimated cost to repair and restore and the amount of the insurance proceeds. ARTICLE XV. CONDEMNATION 15.1. Taking. A "Taking" shall mean the taking of all or any portion of the Premises, the Building or any other of the Premises as a result of the exercise of the power of eminent domain or condemnation for public or quasi -public use or the sale of all or part of the Premises or the Building under the threat of condemnation. A "Substantial Taking" shall mean (a) a Taking of twenty-five percent (25%) or more of the area (in square feet) of either the Premises (excluding takings of unimproved areas) or the Building, (b) any Taking of the Premises which Tenant determines, in its reasonable business judgment, materially and adversely affects the ability of Tenant to operate its business on the Premises comparable to that which existed prior to the Taking, or (c) the Award from the Taking is not sufficient for Landlord to cause the Premises to be restored to a condition required under this Article. Any other Taking is an "Insubstantial 'faking." 15.2. Substantial Taking Prior to Commencement Date. If prior to the Commencement Date there is a Substantial Taking with respect to the Premises or the Building, Landlord and Tenant may agree in writing to terminate this Lease. In the event of such an agreement. the termination of this Lease shall be effective as of the date of the Substantial Taking. 15.3. Substantial Taking Following Commencement Date. If following the Commencement Date there is a Substantial Taking with respect to the Premises or the Building, Tenant shall have the right, at its option, within 30 days after the Substantial Taking, to terminate this Lease by giving written notice to Landlord. In the event of such election, the termination of this Lease shall be effective as of the date of the Substantial Taking. 15.4. Restoration on Insubstantial Taking. In the event of an Insubstantial Taking or a Substantial Taking but neither Landlord nor Tenant elects to terminate as herein provided, this Lease shall continue in full force and effect, Landlord shall proceed forthwith to cause the Premises, less such Taking, to be restored as near as may be practicable to the original condition thereof and there shall be an equitable abatement of Base Rent and Additional Rent proportionate to the extent of the Premises so taken, if any. - 18- • • • • • • 15.5. Right to Award. The total award, compensation, damages or consideration received or receivable as a result of a Taking ("Award") shall be paid to and be the property of Landlord, including any part of the Award made as compensation for diminution of the value of the leasehold or the fee of the Premises. Tenant hereby assigns to Landlord, all of Tenant's right, title and interest in and to any such Award. Notwithstanding Landlord's right to the entire Award, Tenant shall be entitled to make a claim for a separate award from the condemning authority for the loss of Tenant's personal property, moving expenses and the loss of Tenant's business and profits, provided Tenant's claim does not reduce the Award to Landlord. ARTICLE XVI. TENANT DEFAULTS Each of the following shall constitute a default, a "Tenant Default" or an "Event of Default" under this Lease: 16.1. Failure to Pay Rent or Other Amounts. If Tenant fails to pay Base Rent, Additional Rent or any other amounts payable by Tenant when due under the terms of this Lease, and such failure continues for five (5) days after written notice from landlord that such rental or amount was not paid when due; 16.2. Violation of Lease Terms. If Tenant breaches or fails to comply with any agreement, term, covenant or condition in this Lease applicable to Tenant, and Tenant does not cure such breach or failure within thirty (30) days after notice thereof by Landlord to Tenant, or, if such breach or failure to comply cannot be reasonably cured within such 30 -day period, if Tenant shall not in good faith commence to cure such breach or failure to comply within such 30 -day period or shall not diligently proceed therewith to completion; 16.3. Continuing Violation. If Tenant fails to observe or perform the same covenant or obligation under this Lease (including the payment of Rent or other monetary obligations), regardless of whether such defaults have been cured, in which event Landlord shall not be required to give notice of the third or any subsequent default, and Tenant shall have no further right to cure the same covenant or obligation hereunder; 16.4. Vacation or Abandonment. If Tenant vacates or abandons the Premises during the term of this Lease; 16.5. Execution and Attachment Against Tenant. If Tenant's interest under this Lease or in the Premises shall be taken upon execution or by other process of law directed against Tenant, or shall be subject to any attachment at the instance of any creditor or claimant against Tenant and said attachment shall not be discharged or disposed of within fifteen (15) days after the levy thereof; or 16.6. Bankruptcy or Related Proceedings. If Tenant shall file a petition in bankruptcy or insolvency or for reorganization or arrangement under the bankruptcy laws of the United States or under any similar act of any state, or shall voluntarily take advantage of any such law or act by answer or otherwise, or shall be dissolved or shall make an assignment for the benefit of creditors; if involuntary proceedings under any such bankruptcy or insolvency law or for the dissolution of Tenant shall be instituted against Tenant; or if a receiver or trustee shall be -19- appointed for the Premises or for all or substantially all of the property of Tenant and such proceedings shall not be dismissed or such receivership or trustee vacated within sixty (60) days after such institution or appointment. ARTICLE XVII. I.ANDLORD'S REMEDIES 17.1. Remedies Generally. Upon the occurrence of any Tenant Default, Landlord shall have the right, at Landlord's election, then or any time thereafter, to exercise any one or more of the following remedies. 17.2. Cure by Landlord. Landlord may, at Landlord's option, hut without obligation to do so, and without releasing Tenant from any obligations under this Lease, make any payment or take any action as Landlord may deem necessary or desirable to cure any such Tenant Default in such manner and to such extent as Landlord may deem necessary or desirable. Landlord may do so without demand on, or written notice to, Tenant and without giving Tenant an opportunity to cure such Tenant Default. Tenant shall pay Landlord, within ten (10) days after demand, all advances, costs and expenses of Landlord in connection with the making of any such payment or the taking of any such action including, without limitation, (a) a charge in the amount of fifteen (15%) of such advances, costs and expenses payable to Landlord to compensate for the administrative overhead attributable to such action, (b) reasonable attorney's fees, and (c) interest at the Prime Rate plus 5% from the day of payment of any such advances, costs and expenses by Landlord. Action taken by Landlord may include commencing, appearing in, defending or otherwise participating in any action or proceeding and paying, purchasing, contesting or compromising any claim, right, encumbrance, charge or lien with respect to the Premises which Landlord. in its discretion, may deem necessary or desirable to protect its interest in the Premises and under this Lease. 17.>. Right to Terminate Possession. Upon the occurrence of any Tenant Default, Landlord may, if Landlord so elects, at any time thereafter, terminate this Lease and the Lease Term on giving Tenant notice in writing of Landlord's intention to do so, and Tenant's right to possession of the Premises will cease and the Lease will be terminated, or Landlord may terminate Tenant's right to possession only, without terminating this Lease. Upon termination of this Lease or upon termination of Tenant's right to possession, Tenant shall immediately vacate and surrender and deliver possession of the Premises to Landlord, and Landlord or Landlord's employees or agents may immediately or at any time thereafter without notice to Tenant, re-enter the Premises and remove all persons and property from the Premises, either by any action or proceeding at law or equity or by force or otherwise, without being liable in indictment, prosecution or damages and repossess the Premises vs ith the alterations, additions and improvements thereon, together with the right to receive all income from the Premises. 17.4. Termination of Lease and Damages. If Landlord takes possession of the Premises and terminates this Lease, Tenant shall remain liable to Landlord for damages in an amount equal to the Base Rent, Additional Rent and other sums which would have been owing by Tenant hereunder for the balance of the term, had this Lease not been terminated, less the net proceeds, if any, of any reletting of the Premises by Landlord subsequent to such termination, after deducting all Landlord's expenses in connection with such recovery of possession or reletting. Landlord -20- • • • • • shall be entitled to collect and receive such damages from Tenant on the days on which the Base Rent, Additional Rent and other amounts would have been payable if this Lease had not been terminated. Alternatively, at the option of Landlord, Landlord shall be entitled to recover forthwith from Tenant, as damages for loss of the bargain and not as a penalty, an aggregate sum which, at the time of such termination of this Lease, represents the excess, if any, of (a) the aggregate of the Base Rent, Additional Rent and all other sums payable by Tenant hereunder that would have accrued for the balance of the Lease Term, over (b) the aggregate rental value of the Premises for the balance of the Lease Term, both discounted to present worth at the discount rate of the Federal Reserve Bank of the Federal Reserve District in which the Premises is located in effect as of the date of termination. 17.5. Repossession Without Lease Termination. If Landlord takes possession of the Premises without terminating this Lease, Landlord may re -let the Premises or any part of the Premises, on such terms and conditions (which may include concessions of free Rent, and the alteration and repair of the Premises) as Landlord, in its sole discretion, may determine. Landlord may collect and receive the rents for the Premises. Landlord will not be responsible or liable for any failure to re -let the Premises, or any part of the Premises, or for any failure to collect any rent due upon such reletting. No such reentry or taking possession of the Premises by Landlord will be construed as an election on Landlord's part to terminate this Lease unless a written notice of such intention is given to Tenant. No notice from Landlord under this Lease or under a forcible entry and detainer statute or similar law will constitute an election by Landlord to terminate this Lease unless such notice specifically says so. If Landlord elects to take possession of the Premises according to this paragraph without terminating this Lease, Tenant will pay Landlord (a) the Rent and all other sums which would be payable under the terms of this Lease if such repossession has not occurred, less (b) the net proceeds, if any, of any reletting of the Premises after deducting all of Landlord's expenses incurred in connection with such reletting, including without limitation, all repossession costs, brokerage commissions, legal expenses, attorneys' fees, alteration, remodeling, repair costs, and expenses of preparation for such reletting. Tenant will pay such amounts to Landlord monthly on the days on which the Rent and all other amounts owing under this Lease would have been payable if possession had not been retaken and Landlord will be entitled to receive the Rent and other amounts from Tenant on each such day. Notwithstanding anything in this Lease to the contrary, Landlord will make all reasonable efforts to mitigate damages. 17.6. No Surrender. Exercise by Landlord of any one or more remedies provided for herein shall not be deemed to be an acceptance of surrender of the Premises by Tenant, whether by agreement or operation of law, it being understood that such surrender can be effected only by the written agreement of Landlord. No alteration of locks or other security devices and no entry by Landlord into the Premises or removal or other exercise of dominion by Landlord over the property of Tenant or others at the Premises shall be deemed unauthorized or constitute conversion, Tenant hereby consenting, after any Tenant default, to the aforesaid exercise of dominion over Tenant's property within the Premises. All claims for damages by reason of any such reentry, repossession and alteration of locks or other security devices are hereby waived, as are all claims for damages by reason of any distress warrant. forcible detainer or unlawful detainer proceedings, sequestration proceedings or other legal process. Tenant agrees that any reentry by Landlord may be pursuant to judgment obtained in forcible detainer or unlawful detainer proceedings or other legal proceedings -21 - or without the necessity for any legal proceedings and Landlord shall not be liable for trespass or otherwise. 17.7. Effect of Certain Payments. The acceptance of any payments by Landlord from Tenant after the termination of this Lease shall in no way alter the length of the Lease Term or Tenant's right of possession hereunder or reinstate, continue or extend the Lease Term or affect any notice given Tenant prior to the receipt of such payments, it being agreed that after the giving of notice or the commencement of a suit or after final judgment for possession of the Premises, Landlord may receive and collect any rent due, and the payment of rent shall not waive or affect said notice, suit, or judgment, nor shall the acceptance of rent be deemed a waiver of any breach by Tenant of any term, covenant or condition of this Lease. No endorsement or statement on any check or any letter accompanying any check or payment of rent shall be deemed an accord and satisfaction. Landlord may accept any such check or payment without prejudice to Landlord's right to recover the balance due of any installment or payment of rent or pursue any other remedies available to Landlord with respect to any default by Tenant. 17.8. Recovery of Costs. If either party brings an action or proceeding for the enforcement of this Lease or any part hereof, the prevailing party in such action shall be entitled to recover, in addition to any other damages or relief awarded, its reasonable attorneys' fees or costs incurred in such action or proceeding. 17.9. Administrative Late Charge. In addition to any other remedies for nonpayment of Rent, if the Monthly Rent, or any Additional Rent payment is not received by Landlord on or before the fifth (5th) day of the month for which the Rent is due, or if any other payment due Landlord by Tenant is not received by Landlord on or before the fifth (5th) of the month next following the month in which Tenant was invoiced, an administrative late charge of five percent (5%) of such past due amount shall be due and payable in addition to such amounts owed under this Lease to help defray the additional cost to Landlord for processing such late payments. 17.10. Default Interest. Tenant shall pay Landlord interest on demand at the Prime Rate plus five percent (5%) per annum, compounded on a monthly basis, on the amount of any Monthly Rent, Additional Rent, or other charges or payments not paid when due. from the date due and payable, and on the amount of any payment made by Landlord required to have been made by Tenant under this Lease and on the amount of any costs and expenses, including reasonable attorneys' fees, paid by Landlord in connection with the taking of any action to cure any default by Tenant, from the date of making any such payment or the advancement of such costs and expenses by Landlord. 17.11. Remedies Cumulative. Suit or suits for the recovery of the rents and other amounts and damages set forth in this Article may be brought by Landlord, from time to time, at Landlord's election, and nothing in this Lease will be deemed to require Landlord to await the date on which the term of this Lease expires. Each right and remedy in this Lease will be cumulative and will be in addition to every other right or remedy in this Lease or existing at law or in equity or by statute or otherwise, including suits for injunctive relief and specific performance. The exercise or beginning of the exercise by Landlord of any such rights or remedies will not preclude the simultaneous or later exercise by Landlord of any other such rights or remedies. All such rights and remedies are cumulative and nonexclusive. -22- • • • • • • ARTICLE XVIII. SURRENDER AND HOLDING OVER 18.1. Surrender upon Lease Expiration. Upon the expiration of the Lease Term or earlier termination of this Lease, or on the date specified in any demand for possession by Landlord after any Tenant Default, Tenant covenants and agrees to surrender possession of the Premises to Landlord broom clean, with all lighting, doors, loading dock doors, areas and systems, and electrical, plumbing, mechanical, HVAC and all other systems (including the roof, exterior walls and structural components) in good working order and condition; all of Tenant's Property removed as provided in this Article; all walls in clean condition and holes or punctures in the walls repaired; and otherwise in the same condition as when Tenant first occupied the Premises, ordinary wear and tear excepted. 18.2. Removal of Tenant's Property. Tenant shall remove, at or prior to the expiration of the Lease Term or any earlier termination of this Lease, all of Tenant's Property. If such removal shall injure or damage the Premises, Tenant shall, at its sole cost and expense, promptly at or prior to the expiration of the Lease Term, repair such injury and damage in good and workmanlike fashion and place the Premises in the same condition as the Premises would have been if such Tenant's Property had not been installed. If Tenant fails to remove any Tenant's Property by the expiration of the Lease Term, Landlord may, at its option, keep and retain any such Tenant's Property or dispose of the same and retain any proceeds therefrom, and Landlord shall be entitled to recover from Tenant any costs or expenses incurred by Landlord in removing the same and in restoring the Premises in excess of the actual proceeds, if any, received by Landlord from disposition thereof. Tenant hereby releases, discharges and holds harmless Landlord from any and all claims and liabilities of any kind arising out of Landlord's disposition of Tenant's Property. 18.3. Holding Over. If Tenant shall hold over after the expiration of the Lease Term, without written agreement providing otherwise, Tenant shall be deemed to be a Tenant from month to month, at a monthly rental, payable in advance, equal to 150% of the Monthly Rent, and Tenant shall be bound by all of the other terms, covenants and agreements of this Lease including the payment of all Additional Rent and all other charges payable under the Lease. Nothing contained herein shall be construed to give Tenant the right to hold over at any time, and Landlord may exercise any and all remedies at law or in equity to recover possession of the Premises, as well as any damages incurred by Landlord, due to Tenant's failure to vacate the Premises and deliver possession to Landlord as herein provided. ARTICLE XIX. MISCELLANEOUS 19.1. Force Majeure. Whenever a period of time is provided in this Lease for Landlord or Tenant to do or perform any act or thing, Landlord and Tenant shall not be liable or responsible for any delays due to strikes, lockouts, casualties, acts of God, war, governmental regulation or control or other causes beyond the reasonable control of Landlord or Tenant and the time for performance specified herein shall be extended for the amount of time Landlord or Tenant is so delayed. - 23 - 19.2. No Implied Waiver. No failure by Landlord to insist upon the strict performance of any term, covenant or agreement contained in this Lease, no failure by Landlord to exercise any right or remedy under this Lease, and no acceptance of full or partial payment during the continuance of any Tenant Default, shall constitute a waiver of any such term, covenant or agreement, or a waiver of any such right or remedy, or a waiver of any such Tenant Default. 19.3. Survival of Provisions. Following any termination of this Lease, the terms of this Lease nonetheless shall continue in force and effect as to any provisions hereof which require observance or performance by Landlord or Tenant subsequent to termination, including, but not limited to, any obligation of Tenant to indemnify. 19.4. Covenants Independent. This Lease shall be construed as if the covenants herein between Landlord and Tenant are independent, and not dependent, and Tenant shall not be entitled to any offset against Landlord if Landlord fails to perform its obligations under this Lease. 19.5. Real Estate Brokers. Each party represents and warrants to the other that it has not dealt with any brokers, agents or finders, and no brokers, agents or finders are entitled to any compensation in connection with this Lease claiming by, through or under such party except those brokers disclosed in the Summary of Basic Lease Terms. Each party covenants to hold harmless and indemnify the other from and against any and all cost, expense or liability for any compensation, commissions, charges or claims by any broker, agent or other funder claiming by, through or under the indemnifying party with respect to this Lease or the negotiation thereof. 19.6. Binding Effect. This Lease shall extend to and be binding upon the heirs, executors, legal representatives, successors and assigns of the respective parties hereto. The terms, covenants, agreements and conditions in this Lease shall be construed as covenants running with the Land. 19.7. Notices. All notices required or permitted by this Lease shall be in writing and shall be given by personal delivery or sent to the address of the party set forth in the Summary of Basic Lease Terms by registered or certified mail, postage prepaid, return receipt requested, or by reputable overnight courier, prepaid, receipt acknowledged. Notices shall be deemed received on the earlier of the date of actual receipt or, in the case of notice by mail or overnight courier, the date of receipt marked on the acknowledgment of receipt. Rejection or refusal to accept or the inability to deliver because of change of address of which no notice was given shall be deemed to be received as of the date such notice was deposited in the mail or delivered to the courier. Any party may change its address to which notices should be sent to it by giving the other parties written notice of the new address in the manner set forth in this paragraph. A party may give any notice, instruction or communication in connection with this Lease using any other means (including facsimile, e-mail or first class mail), but no such notice, instruction or communication shall be deemed to have been delivered unless and until it is actually received by the party to whom it was sent and such party acknowledges such receipt. 19.8. Time of the Essence. Time is of the essence under this Lease, and all provisions herein relating thereto shall be strictly construed. -24- • • • • • • 19.9. Captions. The headings and captions used in this Lease are for convenience only and shall not be considered in interpreting the provisions hereof. 19.10. Severability. If any provision of this Lease shall be held invalid or unenforceable, the remainder of this Lease shall not be affected thereby, and there shall be deemed substituted for the affected provision a valid and enforceable provision as similar as possible to the affected provision. 19.11. Governing Law. This Lease shall be interpreted and enforced according to the laws of the State of Colorado. 19.12. Entire Agreement. This Lease and any exhibits and addenda referred to herein, constitute the final and complete expression of the parties' agreements with respect to the Premises and Tenant's occupancy thereof. Each party agrees that it has not relied upon or regarded as binding any prior agreements, negotiations, representations, or understandings, whether oral or written, except as expressly set forth herein. 19.13. Lender's Modifications. Tenant agrees to make such modification and amendments of this Lease as may hereafter be required to conform to any lender's requirements, so long as such modifications or amendments will not increase Tenant's obligations hereunder or materially alter its rights as set forth herein. 19.14. No Oral Amendment or Modifications. No amendment or modification of this Lease, and no approvals, consents or waivers by Landlord under this Lease, shall be valid or binding unless in writing and executed by the party to be bound. 19.15. Interest Rates. If any interest charged under this Lease exceeds the maximum rate permitted by applicable Law, then the applicable interest rate shall be deemed to be such maxim ion rate permitted by Law. 19.16. Relationship of Landlord and Tenant. The relationship of the parties hereby is strictly that of landlord and tenant. Nothing contained herein shall be deemed or construed as creating the relationship of principal and agent or of partnership, or of joint venture by the parties hereto, it being understood and agreed that no provision contained in this Lease nor any acts of the parties hereto shall be deemed to create any relationship other than the relationship of landlord and tenant. 19.17. Authority of Tenant. Each individual executing this Lease on behalf of Tenant represents and warrants that he is duly authorized to deliver this Lease on behalf of Tenant and that this Lease is binding upon Tenant in accordance with its terms. 19.18. Waiver of Jury Trial. To the extent permitted by law, Landlord and Tenant each hereby waive trial by jury in any action, proceeding or counterclaim brought between the parties hereto or their successors or assigns in any matters arising out of or in any way connected with this Lease, the relationship of Landlord and Tenant or Tenant's use or occupancy of the Premises. -25- 19.19. Construction. Throughout this Lease, the singular shall include the plural and the plural shall include the singular, all genders shall be deemed to include other genders, wherever the context so requires, and the terms "including," "include" or derivatives thereof, unless otherwise specified, shall be interpreted in as broad a sense as possible to mean "including, but not limited to," or "including, by way of example and not limitation." 19.20. Rule of Interpretation. In the construction and interpretation of the terms of this Lease, the rule of construction that a document is to be construed most strictly against the party who prepared the same shall not be applied, it being agreed that both parties hereto have participated in the preparation of the final form of this Lease. THE PARTIES HERETO have caused this Lease to be executed the day and year first above written. LANDLORD: Morr Assets LLC, a North Carolina limited liability company By: Title: Date: TENANT: Western Roll Off, a Colorado limited liability company. By: Title: Date: -26- • • • • • • EXHIBIT A LEGAL DESCRIPTION Lot B of Recorded Exemption No. 1469-33-04 RE 4407 The West 1/2 of the Southeast 1/4 Section 33, Township 1 North, Range 67 West of the 6th P.M., County of Weld, State of Colorado; also known as: 8621 County Road 2, Brighton, Colorado 80603 EXHIBIT B DEPICTION OF PREMISES • • • • • • EXHIBIT C MOVE -IN / MOVE -OUT INSPECTION Minutes Minutes of Neighborhood Mtg held May 24, 2017 at the Hampton Inn in Brighton Colorado. Property owners within 500 feet were invited by written invitation to attend. Three invited neighbors attended, another couple heard of the meeting and came. Attach copy of invitation Attendance: Karl Wiscombe, WW, LLC Tanner Wiscombe, of Western Roll -Off Shirley Amerin, owns lot north of subject Paul Edwards and daughter, from south side of CR 2 in Adams County Stanley, neighbor of (Bill Wycoff) and spouse Ralph Walker, WW, LLC Discussion: All present were introduced and explained their property's location to the proposed project. Ralph Walker discussed the project and handed out copies of the big poster board plans for the development. He talked about setbacks, landscaping, street dedication, operating plans and phasing of the development. There were a few questions answered and clarifications. Major discussion was crime in the area and the crime that would come because of the development. Shirley Amerin was opposed, she had planned to build a home on her lot north of the subject but now is worried about property values and ability to sell her lot. She spoke of a break in nearby and the crime that would be brought to the area because of the development. She is adamantly opposed to any development. Stanley, living a half a mile to the west agreed that crime was an issue and that the development did not match the rural lifestyle they wanted for the area. They had been asked to attend by Bill Wycoff who was going to be out of town. Stanley speaking for his neighbor and for himself stated that he was opposed to any development of the property. Another issue was water availability through the local water association. The development will be served by a new commercial well. The meeting lasted over and hour and the time of Planning meeting and BOCC was given out where the project would be considered. Prepared by Ralph Walker. 1 EXHIBIT k —CO WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 5/4/2017 3:24:02 PM THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us. and has not been modified from the original. The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. Property Owners Within 500 ft of Parcel # 146933400042 s/91/7 Signature Date Account Parcel Owner Mailing Address R4216906 146933100004 AMERIN SHIRLEY K v c 2 _ PO BOX 784 EASTLAKE, CO 806140784 R6782077 146933100008 MORTON THOMAS S ✓ 3,1 515 COUNTY ROAD 19 BRIGHTON, CO 806039228 R8948030 146933200005 626 COUNTY ROAD 17 BRIGHTON, CO 806038936 WATTERSON RUSSELL N✓ 2 , Z_ R4684407 146933300005 TORGERSON LORI K ✓ 4.> R4684407 146933300005 TORGERSON JAMES W ✓--) 4j 8299 COUNTY ROAD 2 BRIGHTON, CO 806038906 R4684507 146933300006 GODDARD DIANE MARIE ✓ t 3 PO BOX 67 BRIGHTON, CO 806010067 R6784299 146933300012 CR2 INVESTMENTS LLC 7 i l / PO BOX 67 BRIGHTON, CO 806010067 R6779116 146933300037 KNELS SARAH ‘ r R6779116 146933300037 KNELS RUSTY } k , i 8295 COUNTY ROAD 2 ✓eAwfnr✓ i ?evil t teryk s2 IC A' /A- le ftLe / % W 16s Avtt—vr ;r -T) v\h... C t >S o i c2. 3;64+1 c 2- O rs r 1.0-0%J-1) g Ct II WELD COUNTY COLORADO LAND RECORDS AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE 5/4/2017 3:24:02 PM THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and accurate list of the names. addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been modified from the original. The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. Date Signature Property Owners Within 500 ft of Parcel # 146933400042 Account Parcel Owner Mailing Address BRIGHTON, CO 806038912 R4470806 146933400030 KINNISON KERRI LYNN REV TRUST / 1,� 134 LAKE FRONT DR MOORESVILLE, NC 281178771 R8945521 146933400039 KNUDSON VICKI J `711:5 R8945521 146933400039 KNUDSON KENNARD M •; .3 14971 VINE ST THORNTON, CO 806027351 R8945522 146933400040 MORELLI SHEILA A V at, 2- r R8945522 146933400040 MORELLI ROBERT C y,z 305 COUNTY ROAD 19 BRIGHTON, CO 806039228 R8946719 146933400041 MORR ASSETS LLC R8946719 14693340004T\N KINNISON KERRI LYNN REVOCABLE TRUST 134 LAKEFRONT DR MOORESVILLE, NC 281178771 R8946720 146933400042 WW LLC 9457 S UNIVERSITY BLVD APT 401 HIGHLANDS RANCH, CO 801264976 "k1 CI t 1y-- Sat mix ve t{tihicE S', CI 0 "Lkuvn1, iNAL-- ic1-A 07� ' I 1,1 in ii s St , Sv,11 3.I TXor-i c- a T C1b I Lisa el59 L4- t J ; r h-, ►l- (TCCU) Cu 6 t K''1ELSTJSTY AND SARAH 8295 COUNTY ROAD 2 BRIGHTON, CO 80603 CR2 INVESTMENTS LLC PO BOX 67 BRIGHTON, CO 80601 MORTON THOMAS S 515 COUNTY ROAD 19 BRIGHTON, CO 80603 KINNISON KERRI LYNN REV TRUST 134 LAKE FRONT DR MOORESVILLE, NC 28117 SELTZER ROBERT L FAMILY TRUST 33641 COUNTY ROAD 83 BRIGGSDALE, CO 80611 TODD CREEK VILLAGE METROPOLITAN DISTRICT 10450 E 159TH CT BRIGHTON, CO 80602 um Ogle, Planner Weld Count 1555 North Greet= CO 80631 ping I - .artment e AMERIN SHIRLEY K PO BOX 784 EASTLAKE, CO 80614 WATTERSON RUSSELL N 626 COUNTY ROAD 17 BRIGHTON, CO 80603 9457 S UNIVE'. : LVD APT 401 HIGHLAN ►• RANCH, C' 0126 MORELLI ROBERT C AND SHEILA 305 COUNTY ROAD 19 BRIGHTON, CO 80603 EDWARDS PAUL E AND EDWARDS VERLYN J 7900 E 168TH AVE BRIGHTON, CO 80602 GODDARD DIANE MARIE PO BOX 67 BRIGHTON, CO 80601 KINNISON KERRI LYNN REVOCABLE TRUST 134 LAKEFRONT DR MOORESVILLE, NC 28117 KNUDSON KENNARD M VICKI 14971 VINE ST THORNTON, CO 80602 TORGERSON JAMES W AND LORI 8299 COUNTY ROAD 2 BRIGHTON, CO 80603 TODD CREEK FARMS METRO DIST NO 1 WATER C/O ZI0NS FIRST NATIONAL BANK TRUSTEE 717 17TH ST STE 301 DENVER, CO 80202 Log \moo 4y \ Community Meeting C) May 24, 2017 7-8:30pm Hampton Inn Brighton 992 Platte River Blvd Brighton, CO 80601 acos Radio hack Great Chps Q Big Lots I I� II II I If Payless ShoeSourCej Panda Express H5 McDonald s L-) O Grease Monkey A•by's Best Western ©Brighton Inn © SIo7 Hampton Inn Denver heast-Brighton ' E c co U Z E I) Ed eI Enterprise Rent -A -C l r Community Meeting May 24, 2017 7-8:30pm Location: Hampton Inn Brighton 922 Platte River Blvd Brighton, CO 80601 This invitation is for a community meeting to discuss with the owner and developer the upcoming development plans for 8621 CR 2. The Weld County Case number is: USR17-0016 and is for a Site Specific Development Plan and Use by Special Review. The developer intends to use the property for an RV and boat storage, enclosed self - storage, parking and staging of roll -offs, vehicles or equipment, and future flex space buildings. The Planning Commission meeting will be held on June 6, 2017 at 12:30pm in the Weld County Administrative Office located at 1150 0 Street, Greeley, CO 80631. Esther Gesick From: Sent: To: Subject: Julie Cozad Tuesday, June 20, 2017 5:17 PM Sarah Knels; Mike Freeman; Julie Cozad; Barbara Kirkmeyer; Sean Conway; Steve Moreno; rusty knels; Tom Parko Jr.; Esther Gesick Re: Concerned Citizen: Case# USR17-0016 Thank you for your correspondence. We will add this to the public record and you are also welcome to speak during public comment during the hearing. Sent from my Verizon. Samsung Galaxy smartphone Original message From: Sarah Knels <smknels@gmail.com> Date: 6/20/17 4:38 PM (GMT -07:00) To: Mike Freeman <mfreeman@weldgov.com>, Julie Cozad <jcozad@weldgov.com>, Barbara Kirkmeyer <bkirkmeyer@weldgov.com>, Sean Conway <sconway@weldgov.com>, Steve Moreno <smoreno@weldgov.com>, rusty knels <rwknels@gmail.com> Subject: Concerned Citizen: Case# USR17-0016 Dear Commissioners, Tomorrow (June 21st) there is a meeting in regards to a proposed site to store RV's, boats, parking/staging of trash roll -off containers, and roll -off vehicles (Case # USR17-0016) located next to our home on County Road 2. This case was recommended for denial by both the County Planner and the Planning Board on June 6th. I wanted to express some of my concerns to you, the Commissioners, prior to the meeting tomorrow on how this proposed project will impact our lives. (Please see attachment, along with the original letter to the planner). I hope you take into consideration what we, concerned constituents of Weld County, have to say. We also plan to attend the meeting tomorrow and voice our concerns. Thanks Sarah and Rusty Knels 406-599-1890 1 Esther Gesick From: Sent: To: Subject: Julie Cozad Wednesday, June 21, 2017 8:41 AM Esther Gesick; Tom Parko Jr. FW: RV Storage Case #: USR17-0016 Please add to the public file. Thanks, Julie Julie Cozad Weld County Commissioner, District 2 1150 O Street P.O. Box 758 Greeley, CO 80632 Office: 970-336-7204 Cell: 970-515-2424 Fax: 970-336-7233 jcozad a(�weldgov.com EXHIBIT I M 5 -b01 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: Lori Torgerson [mailto:lktorgers@yahoo.com] Sent: Wednesday, June 21, 2017 5:57 AM To: Mike Freeman <mfreeman@weldgov.com>; Julie Cozad <jcozad@weldgov.com>; Barbara Kirkmeyer <bkirkmeyer@weldgov.com>; Sean Conway <sconway@weldgov.com>; Steve Moreno <smoreno@weldgov.com> Subject: RV Storage Case #: USR17-0016 From: James & Lori Torgerson — Concerned landowner in Weld County Date: 6/21/2017 Re: Letter of Objection to Case #: USR17-0016 — RV, boat storage, dump station, enclosed self - storage, and parking/staging of trash containers, roll -off vehicles and/or equipment ATTN: Mike Freeman, Julie Cozad, Barbara Kirkmeyer, Sean Conway, Steve Moreno We recently received a notice in the mail that there are proposed plans to change current zoning from agricultural to commercial/industrial that would allow a storage yard (RV /junk) 500 ft from our property. We purchased this property 6 years ago to build our dream home and raise our 4 children so they could join 4H utilizing the fact that this area was zoned agriculture. We purchased horses, sheep, poultry, and rabbits. We have invested our life savings into our property for our children's future. 1 We were not notified about the RV storage on County Road 17 when it was proposed, if we were, we would have opposed that also. First, it has brought an enormous amount of traffic that don't care about the speed limit signs or the fact that this is an area zoned for livestock, thus when animals get loose, it becomes deadly. County Road 2 was not built to handle this amount of traffic and we did not purchase this property based on the amount danger it is now and will continue to become worse if this permit should be approved. Second, we have all felt the increase in crime that such places bring in with the first storage facility, the criminals come to target these places, but end up targeting us. Finally, not only is this project jeopardizing the safety of our four children, our belongings, our piece of mind, our property value, but also the lives of all our livestock. We have all seen how business such as these, that belong in the city, bring in unscrupulous people who think stealing, injuring, or killing an animal can be amusing. Also, the additional lights noise and traffic bring undo stress to the animals and can severely affect their health and wellbeing. With my husband's disability, this project puts our family at a greater risk because he feels he can't protect us from the crime this will be bring into our home. We agree with our neighbors who stated: • There are already two storage facilities that I know of on County Road 2 (between HWY 85 and I-25). One of them is less than half a mile away and is at less than half capacity the majority of the time. What is the need for another storage facility? • There will be lights and noise 24/7 with people able to access the yard whenever they please. People have built homes in this location first and will have to live with the lights and noise (not the reason we wanted to build outside of the city). I wonder if this will affect how our children will sleep at night with beeping trucks and lights glaring in their bedrooms (which face the proposed storage facility) • This storage facility will decrease the value of our property making it difficult to sell if we decide to leave, because let's be honest — who wants to live next to a "Storage facility/Junk Yard"? • Increased traffic on the roadways • A storage facility/junk yard is a potentially dangerous place to be so close to families. I do not want my young children having access to a dangerous place, right out our back door. • It is an eye sore. Unless this company plans to put up a large privacy fence and a berm with a tree belt, we do not want a "storage facility/junk yard" to be what we will look at when we sit on out on our patio, or look out our window. We too hope that you consider these concerns when making decisions on this case and move to deny the permit and construction of such a project in our neighborhood. I also hope that you would consider that we are just families, trying to make a better life and put all our resources into it to do so, this proposal is from a man who has no vested interest other than making a buck at the expense of ours and our families. Please help us keep our neighborhood safe. Sincerely, James & Lori Torgerson 303-868-8378 EXHIBIT 10 to o S N it1' q- 0 29 7 20 __:. 14 ArcGIS - USA Topo Maps Details j Basemap Share Print I Measure Bookmarks Find address or place i fi 1 +r 1 I q Ii .2.1- �' t. ��• .t ,. _ y ....."--.......L.1:' n lcz' •} “ • a I. `a _ _ .dam 4 _ 'A 4,..-R��I�-41 -t• • • :Oa; Togs Ilfriet 'el -4646. • L t 1. `d', ea. 'tat a- / "t'316.k. Pr- 6'6,2017 Matrix Residential Full County: Locale: Community: 442 County Road 19 Brighton, CO 80603 Weld BRIGHTON Selling Broker ID: Selling Office: Sold Term: Concessions: Buyer Broker Paid By: Broker Closing Comments: INMLS NON MLS PARTICIPANT Conventional Buyer Closing Costs/Seller Points Paid Listor/ Seller MLS#: List Date: Sold Date: Under Contract Date: CDOM: Concession Amount: Status Conditions: Has HOA: INV Blackout Ends: Title Company: Financial Terms: Earnest $: Seller Type: Legal Desc: 4779812 08/18/16 01/30/17 12/14/16 118 $2,500 None Known No Status: List Price: Sold Price: Appraised Value: Original List Price: Tax ID: Taxes: FIRST AMERICAN Cash, Conventional, FHA, $5000, FIRST AMERICAN Corporation/Trust PT SW4 34-1-67 LOT A RE ,l $525,000 $515,000 $440,000 R0028992 $494 (2015) VA, C EXEMPT RE -1370 (.34R) Type: Architecture: Construct Details: Time of Completion: Builder Name: Heat Fuel: Heat Type: Cooling: Other HVAC: HVAC Detail: Construction: Exterior: Roofing: Sold Information Detached Single Family Style: Year Built: Model: Gas Forced Air Air Conditioning -Central, Ceiling Fan Brick Brick, Vinyl Siding Composition Shingles 2 Story 1919 Total Beds: Total Baths: Full Baths: 3/4 Baths: Half Baths: 1/4 Baths: Rough -in: 3 Upper Sqft: 2 Main Sqft: 1 Lower Sqft: 1 Above Grade: O Basement Sqft: O Total Sqft: No Finished Sqft: Other Finished SqFt: Other Finished SqFt Desc: Measurement From: 2,336 851 3,187 2,900 County Records PSF Above Grade: PSF Total: PSF Finished: Bsmt type: Subfloor/Foundation Type: Bsmt Finished: % Fully Finished: Bsmt Ceiling Height: $220.46 $161.59 $177.59 Partial Yes 750/0 Date Measured: School District: Elementary: School of Choice: Weld County RE -8 Butler Jr High/Middle: Sr High: Fort Lupton Fort Lupton Appliances: Flooring: Interior Features: Countertop Type: Smart Home Features: Fireplaces: Exclusions: Site Type: Dishwasher, Microwave Oven, Refrigerator (Kitchen), Stove/Range/Oven Carpet, Vinyl/Linoleum Eating Space / Kitchen, Walk-in Closets MINERAL RIGHTS, CHAIN LINK FENCE BY SHED, THE SHED Agricultural Beds Upper 2 Main 1 Lower 0 Bsmt 0 Baths 1 1 0 0 Rocm Type Bathroom (3/4) Bedroom Bed room Bathroom (Full) Bedroom -Dimensions Level Upper Upper Upper Main Main Description Lot Size: Acres: Incorporated: Zoning: Primary Road: Site Features: Site Topography: Exterior Features: Views: Distance To: Community Website: Community MLS#: 292,288 Walk Score: 070 6.71 Lot #: No Land MLS #: AG Paved Road Garden Area, Yard Mountain View Bus: Ught Rail: Horse Property: Yes Other Uvestock: Water Sources: Public, Well Sewer: Septic Rights: Faces: West Other: Horse Property Information Yes Horse Property Features: Additional Structures: Type SaFt Other Additional Structures Yes # of Additional Structures: primary Floor # Doors # Stalls Door Dimensions Description SHED FOR SALE - $5000 Parking & Vehicle Information Features http://m atri x. recd orado.com/M atr ix/Printing/Pri ntOpti ons. as px?c= AAEAAAD AQAAAAAAAAARAOAAAF IAAAAGAgAAAAQOOTAzBgM AAAABN QYEAAAA... 1 /2 6/612017 Total Spaces: Type Garage (Attached) 2 Matrix Amps Available: Features: # Spaces Dimensions Features 2 Solar PV: Green Features & Certifications Addendum Uploaded: Well Type: Well Depth: Issued Permit #'s: Permitted Well Uses: Water Tap Paid: No Other Multiple HOA's: HOA/Mgmt Name: Contact #: Website: HOA Type: Fee: HOA Includes: HOA Transfer Amt: Covenants: Other Restrictions: No NOA/Mom t Company Z HOA Transfer Based On: HOA/Mamt Company 3 Partial Owner Type: Owner Type: Remarks: Not Applicable Available Week(s): Available Options: Current Promotions: Public Remarks WONDERFUL AND SPACIOUS COUNTRY CHARM WITH ORIGINAL WOOD WORK THRUOUT MOST OF THE HOUSE, BUILT INS, ADDITION TO THE HOME WAS BUILT APPROXIMATELY IN 1996, HUGE KITCHEN FOR LARGE FAMILY GET TOGETHERS, OFFICE, BED AND LAUNDRY ARE ON THE MAIN FLOOR, SITTING AREA UPSTAIRS, WALK-IN CLOSETS, NICE SIZED FAMILY ROOM, PARTIALLY FINISHED BASEMENT TO DO AS YOU PLEASE, NO HOA'S,BEAUTIFUL MOUNTAIN VIEWS, CLOSE TO I-25 AND HIGHWAY 7, NEW GARAGE DOOR, OVERSIZED GARAGE, ALL APPLIANCES INCLUDING WASHER, DRYER, $2500 CARPET ALLOWANCE, PRICE INCREASE IS DUE TO ADDING THE 4.9 ACRES TO THE PROPERTY. WAS ORIGINALLY $550,000 WITH THE 4.9 ACRES, SO IT IS ACTUALLY A PRICE DECREASE. Broker Remarks THERE ARE NO MINERAL RIGHTS WITH THIS HOME. TAXES ARE BASED ON SENIOR EXEMPTION. CHAIN LINK FENCE BY SHED IS FOR SALE AND ALSO THE SHED - SELLERS ARE ASKING $5000 FOR SHED, IF BUYERS ARE NOT INTERESTED, THEN SELLERS SHALL REMOVE THE SHED. Directions COUNTY ROAD 2 TO COUNTY ROAD 19 AND NORTH TO HOME Listing Agent/Office Name: Deanne Kouba Day Office Name: DAY AND COMPANY INC Office Phone: 303-654-0900 Email: homesbuydeanne©gmail.com Phone: 303-667-8617 Mobile: 303-667-8617 Agent Fax: Office Fax: 303-654-0933 Co -Listing Agent/Office Name: Office Name: Office Phone: Email: Phone: Mobile: Showing Phone: 3035737469 Showing Email: Showing Notes: No Show Until: It REAITOP Buyers Agency: Transaction Broker: Variable Comm: Listing Contract: Additional Info: Possession: Submitted Prospect: Limited Service: Expiration Date: 2.8% 2.8% Yes Exclusive Right Quick Move -In, Quick Possession IMMEDIATELY AFTER TRANSFER OF DEED Yes No Generated on: 06/06/2017 9:55:44 PM Not intended for public use. All data deemed reliable but not guaranteed. Resident Copyright REcolorado © 2017. All rights reserved. REcolor http://matrix.recolorado. com/Matrix/Printing/PrintOptions.aspx?c=AAEAAAD AQAAAAAAAAARAQAAAF IAAAAGAgAAAAQOOTAzBgMAAAABN QYEAAAA... 212 Esther Gesick From: Sent: To: Subject: Esther Gesick Wednesday, June 21, 2017 1:47 PM Commissioners; Bob Choate Questions - James Torgerson My wife and I looking for land in 2010 before buying. Reason is my kids are involved with 4H animals and wanted a safe place to go. Did not realize that this was planned. Where is the residents' protection? Concerned with decreased property values and traffic has definitely increased on the roads. RV/Boat storage makes a lot more money that what his land is worth (approximately $250K). Esther E. Gesick Clerk to the Board 1150 O Street P.O. Box 758'Greeley, CO 80632 tel: (970) 400-4226 "h.\,$6J c % if. 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