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HomeMy WebLinkAboutWCP-11-01BEING A PART OF THE SOUTHEAST QUARTER OF SECTION 23, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH LEGAL DESCRIPTION PRINCIPAL MERIDIAN A tract of land being those tracts of land recorded at Reception No. 2008036966, Reception No. 2008036968, Reception No. 2009024759, Reception No. 2009083768, and a portion of Lots 3 and Lot 4, Time Square Subdivision in the City of Wheat Ridge, Jefferson County, Colorado as recorded under Reception No. 82081495 of the records of said Jefferson County, located in a portion of the West half of the Northeast quarter of the Northwest quarter of the Southeast quarter (W1/2 NE1 /4 NW1 /4 SE1 /4) and the f th N rth t rter of the Southeast uarter , CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO SITE PLAN CHA RACTER AND ZONE COMPLIANCE: East half of the Northwest quarter o e a wes qua q (E1 /2 NW1 /4 NW1 /4 SE1 /4) of Section 23, Township 3 South, Range 69 West of the stn TOTAL LOT AREA - 7.852 ACRES (342,034 S.F.) 328 fifty -two and one -half (52.50) feet South of the North line of the Southeast quarter MAXIMUM BUILDING HEIGHT: - -BASIS IS OF BEARINGS- P.M., Jefferson County, Colorado, being more particularly described as follows: AND BE IN CONFORMANCE TO THE MU -C DESIGN CRITERIA, 3 -1 4` BRASS CAP STAMPED BY "PLS 11434 0 I^ N8 13 13.92' 9* 2627.84' COMMENCING at the Northwest corner of the Southeast quarter (SE1 /4) of said Section N= 707145.96 E :118439.23 SITE PLAN PROCESS. 656.96' 328.48' 328.48' 656.96' 328.48' 328.48' WEB 23; P.O.C. right -of -way line of 44th Avenue and a point which is thirty -eight and one -half (38.50) 583 '37'14'E i� feet South of said North line as measured perpendicular thereto; 588'39' m CTR. 1 4 COR. SEC. 23 3 -1/4" BRASS CAP LANDSCAPING SHALL BE PROVIDED IN ACCORDANCE WITH MU -C 3 85' 3p\ / distance of 328.49 feet to the Northeast corner of said Lot 4; < Of _ T F BEGI NNING at t he thence 555'44'20 "E a distance of 1 165.08 feet to the TRUE P OINT 0 G STAMPED N L S 13212" INSIDE MONUMENT BOX thence SOO'11'59 "E on the East line of said Lot 4, a distance of 8.50 feet to the \ N= 708431.78 J w n ' ' N= 708443.67 E=1 193 95.92 Z 0 intersection of the South line of the North half of the Northwest quarter of the Southeast WHEAT RIDGE POINT NO. 14709 "e E= 118763.98 �y • Lot 2 - Will provide for an approximate 0.11 acre park /community garden area. thence: 1.) N89'41'34 "E a distance of 20.00 feet; • Lot 3 - Will provide for a park space or plaza of approximately 0.15 acres which will be quarter (N1/2 NW1 /4 SE1 /4) with the West right -of -way line of the fifty (50) foot wide =11843s:3e ONG31105'04'532288 - W S 1 a COR. SEC. 23 /" 2 0 �Zo ' o rn p Upham Street; INSIDE MONUMENT BOX WHEAT RIDGE POINT NO. 15709 use of modern design principles in mixed use environments." v a a thence N00'11'59 "W on the East line of said tract of land, a distance of 3.00 feet to CITY CERTIFICATION: thence S89'40'45 "W on said South line, a distance of 632.34 feet to the Southwest the South right -of -way line of 44th Avenue and a point which is thirty (30.00) feet �� n' M 3 EAST LI w1 /2 NE1/ SECTION 23 Nwi /4 sE, /a, corner of said E1 /2 NW1 /4 NW1 /4 SE1 /4 555'44'20 "E 1165.08' 328.67' N89'40'45 "L 328.67' 1314.68' 328.67' 328.67' rn thence N00'11'00 "W on the West line of said E1 /2 NW1 /4 NW1 /4 SE1 /4 and the West A private street connection between the existing access across the 1st Bank lot and Vance St. will be SITE NW1 I /4 SE1 /4,,3 ; SECTION 23 DIRECTOR OF COMMUNITY DEVELOPMENT M N line of said Lot 3, a distance of 424.89 feet to the West end of the adjusted lot line access providing vehicular movement east /west across Lot 3 will be provided to allow commercial traffic o a 0 N W11r( P ' O ' B NI /2 SE1 /4, described at Reception No. F0460102 of the records of said Jefferson County; potential future extension to the south. A southern extension of Vance St. and /or connection to the 0 existing commercial center is not planned with this development but is encouraged for other future �i development to the south. SECTION z POTENTIAL PHASING AND USES COUNTY OF JEFFERSON ) b ° z Development on the site will be phased based on the development of individual lots. Site Plans identifying z 40 GOLDEN, COLORADO, AT O'CLOCK _. M. ON THE established zoning criteria, this Concept Plan, and the existing Site Plan process. Architectural elements thence N89'41'34 "E on said adjusted lot line, a distance of 291.05 feet to a point and development of individual lots are not intended to be reviewed as part of this Concept Plan. The BOOK PAGE , RECEPTION No. z development. o Lot 1: thirty -seven and one -half (37.50) feet West of the East line of said Lot 3 and Lot 4 as • 10,000 SF of retail that benefits from either proximity to existing foot traffic and /or visibility from W. 44th Ave. BY: DEPUTY N • Parking will be surface - parked. measured perpendicular thereto; APPLICANT: Lot 2: • 97 Unit (maximum) Senior Housing Complex. WESTON SOLUTIONS, INC. ON BEHALF OF RENEWAL WHEAT RIDGE • Parking will be surface - porked. thence N00'11'59 "W parallel to said East line, a distance of 183.82 feet to a point TOTAL LOT AREA - 7.852 ACRES (342,034 S.F.) 328 fifty -two and one -half (52.50) feet South of the North line of the Southeast quarter MAXIMUM BUILDING HEIGHT: SITE PLAN TO CONFORM TO MU -C CRITERIA (SE1 /4) of said Section 23 as measured perpendicular thereto; S 1/16 COR. SEC. 23 1 AND BE IN CONFORMANCE TO THE MU -C DESIGN CRITERIA, 3 -1 4` BRASS CAP STAMPED BY "PLS 11434 0 I^ thence S89'41'34 "W arallel to said North line, a distance of 290.99 feet to the West line p INSIDE MONUMENT Box WHEAT RIDGE POINT N0. 160008 Of of said Lot 4 N= 707145.96 E :118439.23 SITE PLAN PROCESS. FENCING: ALL FENCING SHALL BE IN CONFORMANCE WITH SECTION � N thence N00'11'00 "W on said West line, a distance of 14.00 feet to the South SIGNAGE: M? right -of -way line of 44th Avenue and a point which is thirty -eight and one -half (38.50) VII OF THE WHEAT RIDGE CODE OF LAWS. 0 feet South of said North line as measured perpendicular thereto; 3 m thence N89'41'34 "E parallel with said North line and on said South right -of -way line, a LANDSCAPING SHALL BE PROVIDED IN ACCORDANCE WITH MU -C 3 H distance of 328.49 feet to the Northeast corner of said Lot 4; BLOCK SIZE: Of _ 1 AND 2. -SHALL NOT EXCEED 1700 FEET - 00 thence SOO'11'59 "E on the East line of said Lot 4, a distance of 8.50 feet to the Open space will be considered from an aggregate perspective for the total development area. Open space o N Southwest corner of the tract of land described at Reception No. 87085220 of the ) SS Z 0 records of said Jefferson County, the following three (3) courses are on the Southerly line • Lot 1 - Will entail green space associated with the perimeter area of the planned of said tract of land; THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS • Lot 2 - Will provide for an approximate 0.11 acre park /community garden area. thence: 1.) N89'41'34 "E a distance of 20.00 feet; • Lot 3 - Will provide for a park space or plaza of approximately 0.15 acres which will be _DAY OF A.D. 2011 BY 2.) N42'44'15 "E a distance of 19,16 feet, ,, S 1 a COR. SEC. 23 /" development. This open space will be of high- quality design and serve as an amenity and focal WITNESS MY HAND AND OFFICIAL SEAL. MY COMMISSION EXPIRES: 3 -t BRASS CAP STAMPED BY `LS 13212" 3.) N89'41'34 "E o distance of 60.00 feet to the Southeast corner of said tract of land INSIDE MONUMENT BOX WHEAT RIDGE POINT NO. 15709 use of modern design principles in mixed use environments." N =705823.46 NOTARY PUBLIC thence N00'11'59 "W on the East line of said tract of land, a distance of 3.00 feet to CITY CERTIFICATION: Future development should connect the street network generally in a grid fashion with pedestrian - friendly the South right -of -way line of 44th Avenue and a point which is thirty (30.00) feet design, including sidewalks and amenity zones on all new streets. Internal traffic circulation will primarily , RIDGE. South of North line of said SE1 /4 as measured perpendicular thereto; traffic signal will be constructed as part of the final configuration of the subdivision at the Vance St /W. thence N89'41'34 "E parallel with said North line and on said South right -of -way line, a 44th Ave. intersection. On the south edge of the development, W. 43rd Ave. will be constructed to provide e distance of 210.44 feet to said West right -of -way line of Upham Street; J thence S00'12'58 "E on said West right -of -way line, a distance of 631.05 feet to the A private street connection between the existing access across the 1st Bank lot and Vance St. will be TRUE POINT OF BEGINNING and containing 7.852 acres (342,034 square feet) of land, more or less. flexibility in future site plans for that lot. The existing north /south access on the western edge of Lot 3 N89'39'56 "E 1316.87' 1313.92' E 1 4 COR. SEC. 23 3 -1 4 BRASS CAP TAMPED "ES 1 INSIDE MONUMENT BOX UMENT BOX WHEAT RIOGE POINT N0. 14809 N= 708482.61 L ONG.=105 5 - 04'1 9 E= 121063.18 LONG.= 10'04'1.5804"W NE1 /4 SE1 /4, SECTION 23 2630.83' SEi /4 SE1 /4, SECTION 23 M 1316.87' 3' 329.24' WEST 56th AVLNUt 589'38'23"W 2633.74' SE COR. SEC, 23 EC. 23 & 26 _114' BRrss CAP STAMPED BY LS 13212' - 13212" INSIDE MONUMENT BOX BOX WHEAT RIDGE POINT NO. 15809 N= 705840.02 E =121076.85 LOCATION MAP SCALE: 1 " -400' Prepared by: John L. Bailey PLS #19586 June 27, 2011 FLOOD PLAIN CERTIFICATION: THIS PROPERTY DOES NOT LIE WITHIN A FLOOD PLAIN AREA, SAID PROPERTY IS IN ZONE X, PER FIRM MAP No. 08059CO214 E, DATED JUNE 17, 2003 BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY. EASEMENT AND KIGH 1--UF -WAY Ut-MAI IUNJ: REQUIRED EASEMENT AND RIGHT -OF -WAY DEDICATIONS REPRESENTED HEREIN ARE ANTICIPATED TO BE CONVEYED BY PLAT. DEVELOPMENT CRITERIA: AREA OF DEVELOPMENT: TOTAL LOT AREA - 7.852 ACRES (342,034 S.F.) MAXIMUM BUILDING AND HARDSCAPE COVERAGE: SITE PLAN TO CONFORM TO MU -C CRITERIA MAXIMUM BUILDING HEIGHT: SITE PLAN TO CONFORM TO MU -C CRITERIA BUILDING ORIENTATION: BUILDINGS ARE ANTICIPATED TO FRONT VANCE ST. 1 AND BE IN CONFORMANCE TO THE MU -C DESIGN CRITERIA, 0 N 0 I^ SW1 /4 SE1 /4, SECTION 23 _ c ' M O FINAL BUILDING CONFIGURATION TO BE IDENTIFIED DURING 2 SITE PLAN PROCESS. FENCING: ALL FENCING SHALL BE IN CONFORMANCE WITH SECTION 0 N 1316.87' 1313.92' E 1 4 COR. SEC. 23 3 -1 4 BRASS CAP TAMPED "ES 1 INSIDE MONUMENT BOX UMENT BOX WHEAT RIOGE POINT N0. 14809 N= 708482.61 L ONG.=105 5 - 04'1 9 E= 121063.18 LONG.= 10'04'1.5804"W NE1 /4 SE1 /4, SECTION 23 2630.83' SEi /4 SE1 /4, SECTION 23 M 1316.87' 3' 329.24' WEST 56th AVLNUt 589'38'23"W 2633.74' SE COR. SEC, 23 EC. 23 & 26 _114' BRrss CAP STAMPED BY LS 13212' - 13212" INSIDE MONUMENT BOX BOX WHEAT RIDGE POINT NO. 15809 N= 705840.02 E =121076.85 LOCATION MAP SCALE: 1 " -400' Prepared by: John L. Bailey PLS #19586 June 27, 2011 FLOOD PLAIN CERTIFICATION: THIS PROPERTY DOES NOT LIE WITHIN A FLOOD PLAIN AREA, SAID PROPERTY IS IN ZONE X, PER FIRM MAP No. 08059CO214 E, DATED JUNE 17, 2003 BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY. EASEMENT AND KIGH 1--UF -WAY Ut-MAI IUNJ: REQUIRED EASEMENT AND RIGHT -OF -WAY DEDICATIONS REPRESENTED HEREIN ARE ANTICIPATED TO BE CONVEYED BY PLAT. DEVELOPMENT CRITERIA: AREA OF DEVELOPMENT: TOTAL LOT AREA - 7.852 ACRES (342,034 S.F.) MAXIMUM BUILDING AND HARDSCAPE COVERAGE: SITE PLAN TO CONFORM TO MU -C CRITERIA MAXIMUM BUILDING HEIGHT: SITE PLAN TO CONFORM TO MU -C CRITERIA BUILDING ORIENTATION: BUILDINGS ARE ANTICIPATED TO FRONT VANCE ST. 1 AND BE IN CONFORMANCE TO THE MU -C DESIGN CRITERIA, 60% - 90% WHICH ENCOURAGES BUILDINGS TO BE PLACED CLOSE TO 4 THE STREET, WITH PARKING BEHIND. A Final Drainage Report will be provided in conjunction with the planned Subdivision Application. Detention FINAL BUILDING CONFIGURATION TO BE IDENTIFIED DURING 2 SITE PLAN PROCESS. FENCING: ALL FENCING SHALL BE IN CONFORMANCE WITH SECTION 0 N 26 -603 OF THE WHEAT RIDGE CODE OF LAWS. SIGNAGE: ALL SIGNAGE SHALL BE IN CONFORMANCE WITH ARTICLE 3 VII OF THE WHEAT RIDGE CODE OF LAWS. LIGHTING: ALL EXTERIOR LIGHTING SHALL BE IN CONFORMANCE WITH 3 SECTION 26 -503 OF THE WHEAT RIDGE CODE OF LAWS. LANDSCAPING: LANDSCAPING SHALL BE PROVIDED IN ACCORDANCE WITH MU -C approval by the Deportment of Public Works. All drainage improvements will be developed in conjunction ZONE CRITERIA IN ADDITION TO THE OPEN SPACE REQUIREMENTS BLOCK SIZE: THE MAXIMUM PERIMETER OF THE NEW BLOCK CONTAINING LOTS _ 1 AND 2. -SHALL NOT EXCEED 1700 FEET - SITE DATA TABLE: LOT # USE ANTICIPATED % NOTES: Plan in the interest of providing flexibility in future use and design. Requirements of the future RE- SUBMITTAL IMPERVIOUS 6/27/11 1 RETAIL 60% - 90% INCLUDES DETENTION /WATER QUALITY 4 THE BELOW SIGNED OWNER(S), OR LEGALLY DESIGNATED AGENT(S) A Final Drainage Report will be provided in conjunction with the planned Subdivision Application. Detention FACILITY 2 MULTI FAMILY 80% - 90% N/A 0 N RESIDENTIAL N Q OF THIS CONCEPT PLAN DOES NOT CREATE A VESTED PROPERTY RIGHT. 3 MIXED USE 85% - 95% N/A 3 COMMERCIAL/ quality for this portion of Lot 3 will need to comply with the Final Drainage Report and is subject to approval by the Deportment of Public Works. All drainage improvements will be developed in conjunction OFFICE with Urban Drainage guidelines. UNCC Q UOF� 80Da22.1987 CALL 1- 800 - 922 -1987. 2- BUSINESS DAYS IN ADVANCE BEFORE YOU DIG, GRADE OR EXCAVATE FOR MARKING OF UNDERGROUND MEMBER UTILITIES WESTON SOLUTIONS, INC ASSUMES NO RESPONSIBILITY FOR UTILITY LOCATIONS. THE UTILITIES SHOWN ON THIS DRAWING HAVE BEEN PLOTTED FROM THE BEST AVAILABLE INFORMATION. IT IS, HOWEVER, THE CONTRACTORS RESPONSIBILITY TO FIELD VERIFY THE LOCATION OF ALL UTILITIES PRIOR TO THE COMMENCEMENT OF ANY CONSTRUCTION. The focus of this concept plan application is to provide a general development outline for the redevelopment of existing lots that are currently owned by Renewal Wheat Ridge. The site's overall vision is to be a pedestrian - friendly urban center, providing civic and commercal services to the local community. The area was recently rezoned to Mixed Use - Commercial (MU -C). The development is planned to move forward in a manner that is consistent with that established criteria. Development will occur in phases, as the individual lots created in conjunction with this concept and subsequent subdivision are sold and developed independently, in conformance with the City's Site Plan process. Adjacent public streets (W. 44th Avenue to the north and Upham St. to the east) are planned to be improved to current standards with amenity zones and detached sidewalks. Undergrounding of the I' t t f t rent) lanned'to occur b Wheat Ridge Public DESIGN FIRMS T c ' V V'F� oy SOLUTIONS 1125 Kelly Johnson Blvd, #3( Colorado Springs, CO 80920 Ph: (719)260 -4469 overhead utility Imes on these pub tc s ree ran ages Is cur y p y Works. VICINITY MAP 7 I 7 Plan in the interest of providing flexibility in future use and design. Requirements of the future RE- SUBMITTAL SITE 6/27/11 3 OWNERS CERTIFICATE: DRAINAGE CONSIDERATIONS: W. 44TH A VE. 4 THE BELOW SIGNED OWNER(S), OR LEGALLY DESIGNATED AGENT(S) A Final Drainage Report will be provided in conjunction with the planned Subdivision Application. Detention 6 m HEREON WILL BE DEVELOPED IN ACCORDANCE WITH THE RESTRICTIONS Facility that will be constructed on the eastern portion of Lot 1. The facility utilized on Lot 1 may be an AND CONDITIONS CONTAINED IN THIS PLAN, AND AS MAY OTHERWISE 0 N BE REQUIRED BY LAW. I (WE) FURTHER RECOGNIZE THAT THE APPROVAL N Q OF THIS CONCEPT PLAN DOES NOT CREATE A VESTED PROPERTY RIGHT. 3 VESTED PROPERTY RIGHTS MAY ONLY ARISE AND ACCRUE PURSUANT TO x � THE PROVISIONS OF SECTION 26 -121 OF THE WHEAT RIDGE CODE OF bioswoles, pervious pavers, and /or rain gardens. The final design for storm water detention and water W. 38TH AVE. quality for this portion of Lot 3 will need to comply with the Final Drainage Report and is subject to DESIGN FIRMS T c ' V V'F� oy SOLUTIONS 1125 Kelly Johnson Blvd, #3( Colorado Springs, CO 80920 Ph: (719)260 -4469 overhead utility Imes on these pub tc s ree ran ages Is cur y p y Works. VICINITY MAP Details regarding the final configuration of the identified lots are intentionally omitted from this Concept N.T.S. Plan in the interest of providing flexibility in future use and design. Requirements of the future RE- SUBMITTAL development as related to access, drainage, open space and zoning are addressed in general herein. 6/27/11 3 OWNERS CERTIFICATE: DRAINAGE CONSIDERATIONS: 7/14/11 4 THE BELOW SIGNED OWNER(S), OR LEGALLY DESIGNATED AGENT(S) A Final Drainage Report will be provided in conjunction with the planned Subdivision Application. Detention THEREOF, DO HEREBY AGREE THAT THE PROPERTY LEGALLY DESCRIBED and Water Quality requirements for Lot 1, Lot 2, and most of Lot 3 will be accommodated in a Regional HEREON WILL BE DEVELOPED IN ACCORDANCE WITH THE RESTRICTIONS Facility that will be constructed on the eastern portion of Lot 1. The facility utilized on Lot 1 may be an AND CONDITIONS CONTAINED IN THIS PLAN, AND AS MAY OTHERWISE underground facility in order to maximize developable area. A portion of Lot 3, approximately 0.54 acres BE REQUIRED BY LAW. I (WE) FURTHER RECOGNIZE THAT THE APPROVAL on the western edge, will not be included in the Regional Facility and will need to provide required water OF THIS CONCEPT PLAN DOES NOT CREATE A VESTED PROPERTY RIGHT. detention and quality on -site. The facilities utilized on Lot 3 shall be designed to preserve developable VESTED PROPERTY RIGHTS MAY ONLY ARISE AND ACCRUE PURSUANT TO land through the use of sustainable storm water management techniques including, but not limited to, THE PROVISIONS OF SECTION 26 -121 OF THE WHEAT RIDGE CODE OF bioswoles, pervious pavers, and /or rain gardens. The final design for storm water detention and water LAWS quality for this portion of Lot 3 will need to comply with the Final Drainage Report and is subject to approval by the Deportment of Public Works. All drainage improvements will be developed in conjunction with Urban Drainage guidelines. RICK C. ADAMS OPEN SPACE CONCEPTS CHAIRMAN OF WHEAT RIDGE URBAN RENEWAL AUTHORITY Open space will be considered from an aggregate perspective for the total development area. Open space STATE OF COLORADO ) will meet at a minimum the requirements found in the MU -C zone district. To help meet these ) SS requirements, it is anticipated open space will be provided as follows: COUNTY OF JEFFERSON ) • Lot 1 - Will entail green space associated with the perimeter area of the planned detention /water quality facility. THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS • Lot 2 - Will provide for an approximate 0.11 acre park /community garden area. • Lot 3 - Will provide for a park space or plaza of approximately 0.15 acres which will be _DAY OF A.D. 2011 BY integrated appropriately based on the final identified use of the lot at the time of its development. This open space will be of high- quality design and serve as an amenity and focal WITNESS MY HAND AND OFFICIAL SEAL. MY COMMISSION EXPIRES: point for the entire development area. These open space items are provided in addition to open space that is developed; incidentally with the use of modern design principles in mixed use environments." NOTARY PUBLIC TRAFFIC CIRCULATION: CITY CERTIFICATION: Future development should connect the street network generally in a grid fashion with pedestrian - friendly APPROVED THIS DAY OF 2011 BY THE CITY OF WHEAT design, including sidewalks and amenity zones on all new streets. Internal traffic circulation will primarily , RIDGE. occur via the Vance St. extension south of its existing alignment at W. 44th Ave. It is anticipated that a traffic signal will be constructed as part of the final configuration of the subdivision at the Vance St /W. 44th Ave. intersection. On the south edge of the development, W. 43rd Ave. will be constructed to provide ATTEST: direct access between Vance St. and Upham St. CITY CLERK MAYOR A private street connection between the existing access across the 1st Bank lot and Vance St. will be encouraged with the final configuration of Lot 3, although several design options exist that will allow for flexibility in future site plans for that lot. The existing north /south access on the western edge of Lot 3 DIRECTOR OF COMMUNITY DEVELOPMENT will remain operational until it is integrated appropriately with the final site plan of Lot 3. A temporary access providing vehicular movement east /west across Lot 3 will be provided to allow commercial traffic COUNTY CLERK AND RECORDERS from the development to the south access to Upham St. CERTIFICATE: The Vance St. Right -of -Way has been extended to the southern boundary of the development for potential future extension to the south. A southern extension of Vance St. and /or connection to the existing commercial center is not planned with this development but is encouraged for other future STATE OF COLORADO ) development to the south. ) SS POTENTIAL PHASING AND USES COUNTY OF JEFFERSON ) I HEREBY CERTIFY THAT THIS PLAN WAS FILED IN THE OFFICE OF Development on the site will be phased based on the development of individual lots. Site Plans identifying THE COUNTY CLERK AND RECORDER OF JEFFERSON COUNTY AT the development details of each lot will be provided by individual users in conformance with the City's GOLDEN, COLORADO, AT O'CLOCK _. M. ON THE established zoning criteria, this Concept Plan, and the existing Site Plan process. Architectural elements DAY OF , 2011 A.D., in and development of individual lots are not intended to be reviewed as part of this Concept Plan. The BOOK PAGE , RECEPTION No. summary of phasing included below is provided to share the anticipated path forward with future pad site development. JEFFERSON COUNTY CLERK AND RECORDER Lot 1: • 10,000 SF of retail that benefits from either proximity to existing foot traffic and /or visibility from W. 44th Ave. BY: DEPUTY • includes stormwoter detention /woter quality facility for the subdivision. • Parking will be surface - parked. APPLICANT: Lot 2: • 97 Unit (maximum) Senior Housing Complex. WESTON SOLUTIONS, INC. ON BEHALF OF RENEWAL WHEAT RIDGE • Parking will be surface - porked. NICHOLAS MOORE, P.E. • Includes green space as identified above. SENIOR PROJECT ENGINEER WESTON SOLUTIONS, INC. ( WESTON) Lot 3: 1125 KELLY JOHNSON BLVD., SUITE 300 • Potential 50K SF commercial /office or potential retail use. COLORADO SPRINGS, CO 80920 nicholos .moore ®westonsolutions.com Prior to Site Plan review and development of Lot 3, an amendment to this Concept Plan showing building orientation and circulation for Lot 3 shall be required. n A nr 1 1Mr rnn�i_ ARCHITECT /ENGINEER SEAL 1 SUBMITTAL CLP 5/23/11 2 RE- SUBMITTAL CLP 6/27/11 3 RESUBMITTAL CLP 7/14/11 4 RESUBMITTAL CLP 7/22/11 SYM REVISION BY /DATE - 1 DESIGNER NM PROJ. MGR. CHECKED BY IA -E PROJ. MGR CLP 1 5/23/11 TOWN CENTER NORTH CONCEPT PLAN W.O. /D.O. NUMBER CASE NUMBER WCP -11 -01 CONCEPT PLM.dwg AWING TITLE TOWN CENTER NORTH CONCEPT PLAN AS NOTED C -1 1 1 2 TOWN CENTER NORTH CONCEPT PLAN AN OFFICIAL CONCEPT PLAN IN THE CITY OF WHEAT RIDGE BEING A PART OF THE SOUTHEAST QUARTER OF SECTION 23, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO PROPOSED LEFT ZONE PROPOSED DECELERATION TURN LANE ;I C -1 LANE w FUTURE TRAFFIC SIGNAL PROPOSED LEFT TURN -- Z O N E C -- - - - - --- _ --- - -_- -- y �I _ . _ N42'441 5'E — - .,_ . 19.18' m m U 43RD PLACE EXISTING 1ST BANK 4 STORY BRICK BUILDING F = 5408.80 4350 ' IADSWORTH BLVD ZONE MU —C 10' PUBLIC SERVICE COMPANY SF COLORADO EASEMENT REC_ NO 86D,33561 i 10' PUBLIC SERVICE COMPANY OF COLORADO EASEMENT REC. NO. 85098174 �G Will R =20' 35' EASEMENT PER _� 4 REC. NO'S 87066226 tm I & 87066227 99�� r ,) N U N W � K � 0 Z� s W� Q N W N g o a N W O zz POTENTIAL FUTURE ACCESS TO 43RD PLACE I 5' UTILITY AND DRAINAGE EASEMENT N8541'34�E 328.40 r W. 44TH AVE. — (R.04. 30' ACCESS EASEMENT LOT 3 120,879 S.F. OR 2.775 ACRES (ESTIMATED 50,000 SF) MIXED USE COMMERCIAL /OFFICE ZONE MU -C EXISTING ACCESS TO REMAIN (MAY BE REORIENTED /RELOCATED WITH FUTURE DEVELOPMENT OF LOT 3) POTENTIAL FUTURE ACCESS TO 43RD PLACE 2.8' INGRESS /EGRESS & r- �2 VEHICULAR PARKING EASEMENT •- I � REC. N0. 20091093 94 TEMPORARY PAVED ACCESS rDRIVE. EXISTING AMICIS I MAY BE REORIENTED /RELOCATED WITH FUTURE DEVELOPMENT OF LOT 3 II R =20 0 FL RESTAURANT -7,7 T T r -, �! i / / ZONE R -C 100' WIDE COMMON ACCESS , AND C---1 BOUNDARY CROSSING AND RIGHT TO USE ROADWAYS AGREEMENT � BOOK 2213, PAGE 722 _ ( � i,. '1.L'L..1- �.�-- 1-' - I 5' UTILITY AND _ NV11'59V 3.00' N89'41'34"E 60.00' 4 10 .44' r ' - D EDICATED ROW 10' UTILITY AND DRAINAGE EASEMENT i ---------------- - - - - — - - - - -- I t OE APPROXIMATE PROPOSEO� I I PROJECT SIGN (TO BE I I ZONE L FINALIZED VIA MASTER I I R -C SIGN PLAN) LOT 1 60,815 S.F. I I F OR _I 1.396 ACRES I { ANTICIPATED RETAIL I 10,000 SF COMMERCIAL PAD LOCATION I APPROXIMATE LOCATION I ZONE MU -C I x I (BY OTHERS IN FUTURE) OF DETENTION /WATER ( b =" :) I I I j j WEST SIDE OF UPHAM ST. QUALITY FACILITY -0- I i TO BE IMPROVED TO CURRENT STANDARDS. •. I I I I I ti I ZONE I R -C I 5' UTILITY AND - t I L - - - - - - - - -J I L DRAINAGE .- _ EASEMENT e 30' ACCESS AND 6' BUFFER /AMENITIES DRAINAGE EASEMENT I I_ I -108' STORM DETENTION EASEMENT I n ZONE ' 77 / ;i /� I I i R -2 //� % � i�- x //15 i ----- - - - - -- I -- <- -- = - - -- -- 11 QARDEN /GREEN SPACE - / •T0.BE LOPED.AS I` D i PART -OF - WrT F SITE APPROXIMATE 0.r1•- ACRES I .j- ) (n r'*i \\` _. _......_. __. -. __- 5' UTILITY AND - - _ .'_ • - I - . I - o - - En X s _- DRAINAGE _: • i f ZONE -- -T EASEMENT -- - - ( RI I C I R - 30 SCHEMATIC LOCATION OF PROPOSED SENIOR HOUSING COMPLEX �I I 12' (TO BE DETAILED ON SEPARATE SITE PLAN -BY OTHERS) 6 • I-15' I r -- I I ---— z_-- s - - - i R.ow.' Z 2 LOT 2 I I - - - J L 97,951 S.F. OR I- 20' -I I 2.249 ACRES ( ; 97 MAX. UNIT SENIOR HOUSING I 16' BUFFER/ _ ZONE MU -C ( I AMENITIES i I ZONE I I I R -2 I i I I I STORM WATER ( I ." (� EASEMENT I I - - - - - - - (WIDTH VARIES) ( I 6' SIDEWALK a . 6' SIDEWALK •' I 1 5' UTILITY AND /i i ZONE I I DRAINAGE I R -2 EASEMENT " I I I i WEST SIDE OF UPHAM ST. 6' BUFFER /AMENITIES I TO BE IMPROVED I I TO CURRENT STANDARDS. PROPOSED LOT LINE I I (TYPICAL) 6' BUFFER /AMENITIES 6' SIDEWALK ( I _ I s' 25' ZONE 5 _ W. 43rd AV E. (PUBLIC) _ _ _ R -2 R.O.W. 25 (56' R.O.W.) 12.5' R -20 L - - _ - - -_—_ — _- -_ —_�— - - -- - - _ — •- — =- = 8 — _ = — 40'45 632.34' 31 8 DRAINAGE EASEMENT EAS REC. NO 82081495 $69' w �- - - - -- I CL OF PUBLIC SERVICE COMPANY 6' BUFFER/AMENITIES 6' SIDEWALK -- - - -_ -- - �— OF COLO NO WIDTH GIVEN POINT OF .I CL OF INGRESS / EGREES EASEMENT 1; 4 NO WIDTH GIVEN 0' 0 40' SO' EXISTING COMMERCIAL BOOK 2213, PAGE 722 / j DEVELOPMENT SCALE: 1'= 40' -0' ' BOOK 1456, PAGE 510 EXISTING RESIDENTIAL BEGINNING y1 ZONE R -2 5' PUBLIC SERVICE COMPANY OF COLORADO EASEMENT BOOK 1456, PAGE 510 ww� II 7 A DESIGN FIRMS 1125 Kelly Johnson Blvd, #3( Colorado Springgs CO 80920 Ph: (719)260 -446J ARCHITECT /ENGINEER SEAL CLP 1 SUBMITTAL 5/23/11 CLP 2 RE— SUBMITTAL 6/14/11 CLP 3 RESUBMITTAL 7/14/11 CLP 4 RESUBMITTAL 7/22/11 SYM REVISION BY /DATE DESIGNER PROJ. MGR. NM CHECKED BY A —E PROJ- MGR. DRAFTER DATE CLP 5/23/11 PROJECT TITLE TOWN CENTER NORTH CONCEPT PLAN W.O. /D.O. NUMBER CASE NUMBER WCP -11 -01 CADD FILE CONCEPT PIAN.dwg DRAWING TITLE TOW N CENTER NORTH CONCEPT PLAN DRAWING SCALE 1" 40' DISCIPLINE DWG NO. C -2 2 1 2 �I I 2.8' INGRESS /EGRESS & r- �2 VEHICULAR PARKING EASEMENT •- I � REC. N0. 20091093 94 TEMPORARY PAVED ACCESS rDRIVE. EXISTING AMICIS I MAY BE REORIENTED /RELOCATED WITH FUTURE DEVELOPMENT OF LOT 3 II R =20 0 FL RESTAURANT -7,7 T T r -, �! i / / ZONE R -C 100' WIDE COMMON ACCESS , AND C---1 BOUNDARY CROSSING AND RIGHT TO USE ROADWAYS AGREEMENT � BOOK 2213, PAGE 722 _ ( � i,. '1.L'L..1- �.�-- 1-' - I 5' UTILITY AND _ NV11'59V 3.00' N89'41'34"E 60.00' 4 10 .44' r ' - D EDICATED ROW 10' UTILITY AND DRAINAGE EASEMENT i ---------------- - - - - — - - - - -- I t OE APPROXIMATE PROPOSEO� I I PROJECT SIGN (TO BE I I ZONE L FINALIZED VIA MASTER I I R -C SIGN PLAN) LOT 1 60,815 S.F. I I F OR _I 1.396 ACRES I { ANTICIPATED RETAIL I 10,000 SF COMMERCIAL PAD LOCATION I APPROXIMATE LOCATION I ZONE MU -C I x I (BY OTHERS IN FUTURE) OF DETENTION /WATER ( b =" :) I I I j j WEST SIDE OF UPHAM ST. QUALITY FACILITY -0- I i TO BE IMPROVED TO CURRENT STANDARDS. •. I I I I I ti I ZONE I R -C I 5' UTILITY AND - t I L - - - - - - - - -J I L DRAINAGE .- _ EASEMENT e 30' ACCESS AND 6' BUFFER /AMENITIES DRAINAGE EASEMENT I I_ I -108' STORM DETENTION EASEMENT I n ZONE ' 77 / ;i /� I I i R -2 //� % � i�- x //15 i ----- - - - - -- I -- <- -- = - - -- -- 11 QARDEN /GREEN SPACE - / •T0.BE LOPED.AS I` D i PART -OF - WrT F SITE APPROXIMATE 0.r1•- ACRES I .j- ) (n r'*i \\` _. _......_. __. -. __- 5' UTILITY AND - - _ .'_ • - I - . I - o - - En X s _- DRAINAGE _: • i f ZONE -- -T EASEMENT -- - - ( RI I C I R - 30 SCHEMATIC LOCATION OF PROPOSED SENIOR HOUSING COMPLEX �I I 12' (TO BE DETAILED ON SEPARATE SITE PLAN -BY OTHERS) 6 • I-15' I r -- I I ---— z_-- s - - - i R.ow.' Z 2 LOT 2 I I - - - J L 97,951 S.F. OR I- 20' -I I 2.249 ACRES ( ; 97 MAX. UNIT SENIOR HOUSING I 16' BUFFER/ _ ZONE MU -C ( I AMENITIES i I ZONE I I I R -2 I i I I I STORM WATER ( I ." (� EASEMENT I I - - - - - - - (WIDTH VARIES) ( I 6' SIDEWALK a . 6' SIDEWALK •' I 1 5' UTILITY AND /i i ZONE I I DRAINAGE I R -2 EASEMENT " I I I i WEST SIDE OF UPHAM ST. 6' BUFFER /AMENITIES I TO BE IMPROVED I I TO CURRENT STANDARDS. PROPOSED LOT LINE I I (TYPICAL) 6' BUFFER /AMENITIES 6' SIDEWALK ( I _ I s' 25' ZONE 5 _ W. 43rd AV E. (PUBLIC) _ _ _ R -2 R.O.W. 25 (56' R.O.W.) 12.5' R -20 L - - _ - - -_—_ — _- -_ —_�— - - -- - - _ — •- — =- = 8 — _ = — 40'45 632.34' 31 8 DRAINAGE EASEMENT EAS REC. NO 82081495 $69' w �- - - - -- I CL OF PUBLIC SERVICE COMPANY 6' BUFFER/AMENITIES 6' SIDEWALK -- - - -_ -- - �— OF COLO NO WIDTH GIVEN POINT OF .I CL OF INGRESS / EGREES EASEMENT 1; 4 NO WIDTH GIVEN 0' 0 40' SO' EXISTING COMMERCIAL BOOK 2213, PAGE 722 / j DEVELOPMENT SCALE: 1'= 40' -0' ' BOOK 1456, PAGE 510 EXISTING RESIDENTIAL BEGINNING y1 ZONE R -2 5' PUBLIC SERVICE COMPANY OF COLORADO EASEMENT BOOK 1456, PAGE 510 ww� II 7 A DESIGN FIRMS 1125 Kelly Johnson Blvd, #3( Colorado Springgs CO 80920 Ph: (719)260 -446J ARCHITECT /ENGINEER SEAL CLP 1 SUBMITTAL 5/23/11 CLP 2 RE— SUBMITTAL 6/14/11 CLP 3 RESUBMITTAL 7/14/11 CLP 4 RESUBMITTAL 7/22/11 SYM REVISION BY /DATE DESIGNER PROJ. MGR. NM CHECKED BY A —E PROJ- MGR. DRAFTER DATE CLP 5/23/11 PROJECT TITLE TOWN CENTER NORTH CONCEPT PLAN W.O. /D.O. NUMBER CASE NUMBER WCP -11 -01 CADD FILE CONCEPT PIAN.dwg DRAWING TITLE TOW N CENTER NORTH CONCEPT PLAN DRAWING SCALE 1" 40' DISCIPLINE DWG NO. C -2 2 1 2 Page 1 of 1 Sarah Showalter From: Sarah Showalter Sent: Thursday, July 21, 2011 10:17 AM To: Moore, Nicholas Subject: Concept Plan Comments Attachments: Concept Plan Drainage Language.doc Hi Nick, Here are my comments on the Concept Plan. Please make the changes and then send me a revised PDF for final review. (1) Please confirm that the lot sizes are correct since they do not match the lot sizes shown on the subdivision plat. (2) Please update the drainage note on the cover page with the attached text. (3) There is a typo on the cover page under Open Space Concepts. The language for Lot 2 says that there will be a 0.11 park/community garden but community garden is spelled incorrectly. Please revise. Thanks, Sarah Showalter, AICP, LEED AP Planner II 7500 W. 29th Avenue Wheat Ridge, Colorado 80033 Office Phone: 303 - 235 -2849 Fax: 303 - 235 -2857 www.d.wheatricipe-co.us C� f City of �c ns, tlinlT t) 9.LC`P%if �:T CONFIDENTIALITY NOTICE: This e-mail contains business - confidential information. It is intended only forthe use of the individual or entity named above. If you are not the intended recipient, you are notified that any disclosure, copying, distribution, electronic storage or use of this communication is prohibited. If you received this communication in error, please notify us immediately by e -mail, attaching the original message, and delete the original message from your computer, and any network to which your computer is connected. Thank you. 07/21/2011 City of Wheatjdge COmml umtY DEVELOPMENT" City of Wheat Ridge Municipal Building 7500 W. 29 °i Ave. 303.235.2857 July 13, 2011 Nicholas Moore, P.E. Weston Solutions, Inc. 1125 Kelly Johnson Blvd, Suite 300 Colorado Springs, CO 80920 Dear Mr. Moore, Wheat Ridge, CO 80033 -8001 P: 303.235.2846 F: This letter is in regard to your second submittal of the Town Center North Concept Plan. After reviewing the plan, I have the following comments. Sheet 1 Please re -title the case history box to "Case History" and place on the wage in a way that will enable the cases to be listed on separate rows like this: CASE HISTORY WCP -11 -01 MS -11 -02 WZ -10 -07 MS -82 -09 MS -81 -09 WZ -01 -19 WZ -77 -22 2. Under Development Criteria, please add the following: Block Size: The maximum perimeter of the new block containing lots 1 and 2 shall not exceed _ feet. (Please fill in the actual perimeter of this block). 3. Please add the name of whoever will be signing the document to the owner's certificate signature location. Sheet 2 4. Please add the existing zoning to the properties in the concept plan, as well as adjacent properties, as shown in the attached redlined set. 5. Please label the 20' wide storm sewer easement that crosses Lot 2 This concludes the summary of comments. Please address each of these comments by revising the Concept Plan in preparation for the final mylar. Before submitting the final mylar, please submit a PDF of the final Concept Plan for review. If you have any questions or need further clarification, do not hesitate to contact me at 303 - 235 -2849. Si erely, Sarah Showalter, AICP, LEED P Planner II c: WCP -11 -01 www.ci.wheatridge.co.us A '. City Of l Wheat Wdge PUBLIC WORKS Memorandum TO: Sarah Showalter, Planner II FROM: Dave Brossman, Development Review Engineer � DATE: June 29, 2011 SUBJECT: WCP- 11- 01/Weston Solutions -WRURA I have completed the second review of the Town Center North Concept Plan received on June 28, 2011 for the proposed Town Center North development property located at 7340 W. 44"' Avenue, and I have the following comments: Concept Plan: 1. All previous comments have been adequately addressed; the Concept Plan is hereby approvable from a Public Works standpoint. Town Center North Concept Plan - approval.doc City of Wheatl�dge U COMMNITY DEVELOPMENT Memorandum TO: Dave Brossman, Development Review Engineer FROM: Sarah Showalter, Planner II DATE: June 28, 2011 SUBJECT: WCP -11 -01 Weston/URA Second Submittal The revised Concept Plan for case number WCP -11 -01 was received on June 27, 2011. Please review the attached response letter from the applicant, addressing the comments received on the first submittal, as well as a revised Concept Plan set. If you have any additional comments for the applicant, please send them to me no later than July 13, 2011, Weston Solutions, Inc Suite 300 V IV 1125 Kelly Johnson Blvd. Colorado Springs, CO 50920 719- 260 -4460 • Fax 719- 590 -7310 www.westonsolutions.com Ms. Sarah Showalter, AICP, LEED AP City of Wheat Ridge 7500 W. 29"' Ave Wheat Ridge, CO 80099 -8001 Subject: Town Center North Concept Plan Resubmittal Dear Ms. Showalter: June 27, 2011 Weston Solutions, Inc. (WESTONO) is pleased to provide the resubmittal of the Town Center North Concept Plan for your review and approval. Comments that were received as part of your letter dated June 9, 2011, as well as the accompanying attachments and related emails, have been addressed in this resubmitted package. A summary of the revisions is included below. Concerning your summary letter dated June 9, 2011; all comments have been addressed as requested. Concerning the June 6, 2011 memorandum prepared by Dave Brossman, comments 2, 3 and 5 have all been addressed. Regarding comment 6, a note has been added to the cover sheet staring that dedications are anticipated to be conveyed by plat. The plant materials list provided will be utilized with the final design of the proposed detention area. We understand the Erosion Control Site Plan will not be reviewed until the plans are no longer conceptual and therefore is not being resubmitted with the Concept Plan. A site - specific Stormwater Management Plan (SWMP) will be required based on approved building plan sets. We have received and acknowledge the June 6, 2011 comments from William LaRow regarding the Stormwater Quality Management Program and understand the requirement of a Stormwater Management Plan. Since the Erosion Control Site Plan will not be reviewed until the plans are no longer conceptual, it is not being resubmitted with the Concept Plan. We have received and acknowledge the June 16, 2011 comments from Fire Marshal Kelly Brooks, and will work with the Wheat Ridge Fire Protection District to meet all requirements; we are aware of the permits that may be required for the project. We have received and acknowledge the undated comments from Jodie Leonard with Qwest, and will continue to work with Qwest to obtain any required utility easements and provide appropriate service line extensions to the development. Final location of easement will be coordinated with Qwest as part of the subdivision process. Required easements are anticipated to be conveyed by plat and will be coordinated between the needs of Qwest and the developing lots. 8 We have received and acknowledge the June 2, 2011 comments from Barry Hudson, and will continue to work with Mr. Hudson's staff to address the concerns involving the water main extensions and services. We have received and acknowledge the June 8, 2011 comments from Donna George with Xcel Energy, and understand the developer's responsibilities as laid out therein. WESTON has been working with Xcel staff through the Builder's Call Line for work taking place on the site and will continue this coordination through the subdivision and construction process. I can be reached at (719) 260 -4487, if you have any questions, comments, or need additional information or support. Sincerely, WESTON SOLUTIONS, INC. 7�� 2�1�� Nicholas Moore Sr. Project Engineer cc: Mr. Steve Art, Wheat Ridge Economic Development & Urban Renewal Manager Sarah Showalter City of Wheat Ridge 7500 West 29'" Avenue Wheat Ridge, CO 80033 July 12, 2011 Dear Sarah: On behalf of the LiveWell Wheat Ridge community coalition, thank you for your consideration of our comments on the Town Center North Concept Plan, submitted June 21, 2011. In response to your reply letter, we offer two final comments. Thanks again for considering these and we look forward to tracking this exciting project at it evolves. Kind regards, Ted Heyd LiveWell Wheat Ridge Planning and Technical Consultant Molly Hanson LiveWell Wheat Ridge Coordinator Cc: Ken Johnstone Comment I — Pertaining to your response on our initial comments 4 and 5, we understand the jurisdictional limitations relating to infrastructure work on Wadsworth Boulevard. We also appreciate how modifications of a certain scale could trigger a traffic study and the constraints built into that scenario. As such, we appreciate that the City will reach out to CDOT in the shorter tern to "request better maintenance of this intersection." In light of the safety considerations we previously highlighted, we hope CDOT would, at a minimum, move ahead with restriping the heavily faded sections of the intersection's crosswalks in the next 12 — 18 months. Comment 2 — In regards to our comment on prospective uses on Lot 1, thank you for reiterating the following spacing provision from the MUZ ordinance: There shall be a minimum 500 -foot separation between fast food eating establishments with a drive- through, measured radially from any fast food drive through use, including existing uses, regardless of zone district. As touched on in our initial letter, there are currently four fast food eating establishments (with drive throughs) on Wadsworth between 38 " and 44` including Burger King, McDonald's, Wendy's, and Good Times. In light of trends concerning overweight and obese Coloradans (see article in Denver Post from July 8, litt ://www.clenverpost.comhiews /ci 18437184 we appreciate the value of this provision in relation to community health in Wheat Ridge. While we know the City has no power to determine what parties ultimately submit an application for that site, we respectfully urge you to seek out an eatery (e.g. Mad Greens or Chipotle) that offers healthier food choices than those currently available within a half -mile radius. y zk a City of s° Wheat�dge - OMMUNrrY DEVELOPMENT Memorandum TO: Ted Heyd, LiveWell Wheat Ridge Planning and Technical Consultant Molly Hanson, LiveWell Wheat Ridge Coordinator FROM: Sarah Showalter. Planner II DATE: June 30, 2011 SUBJECT: Comments on Town Center North Concept Plan Thank you for your thorough review and comments on the reposed mixed use development, located near the southeast comer of Wadsworth and W. 44' Avenue, that was submitted to the City under the Town Center North Concept Plan application. We discussed all of your comments at our weekly Development Review meeting, which includes Planning and Public Works staff. Please find our responses to your comments below. Thanks for your time and thoughts regarding this important development proposal. Comment 1 — The existing RTD bus stop on the southern side of W. 44` Ave between Wadsworth and Vance will not be displaced by the new deceleration lane on W. 44` Comment 2 — We appreciate your comments about the likelihood for users of the new development to enjoy the Apel- Bacher Park on Vance Street and the importance of providing a safe connection for pedestrians and bicycles to the north across W. 44` Avenue. As part of the development of the site, a new signal at Vance and W. 44 °i Avenue will be required. This signal will include pedestrian signals as well as a clearly striped crosswalk and the installation of curb cramps at the corner sidewalk locations to provide for full accessibility. The signal will be required based on warrants in the traffic study that is currently under review by Public Works — likely it will be required as soon as any commercial or retail use is added to the site. The existing right -of -way width on W. 44` will not allow for a median wide enough to provide a pedestrian refuge without a significant redesign of W. 44` Avenue, which is not within the scope of this project. Comment 3 — It is true that the existing conditions on Vance Street north of W. 44` are inadequate, particularly for pedestrians and the disabled since there is very little sidewalk on either side of the street. The City's code would not support requiring the developer of the Town Center North to improve this portion of Vance since it is not connected to the project. However, the City will add sidewalk improvements to this portion of Vance to its 10 -year Capital Investment Program list of projects. Comments 4 and 5 — We understand the concern that seniors living in the new development be able to safely cross Wadsworth at W. 44 Avenue. Unfortunately, the City's ability to do work on Wadsworth, including ensuring minimum maintenance, is extremely limited since this is a state highway controlled by CDOT. Any significant improvements to the intersection would trigger an environmental study and would have to be performed by CDOT. That said, the City is fully aware of the safety issues for pedestrians at this intersection. One of the main reasons that the City continues to apply to DRCOG for Transportation Improvement Program (TIP) money to fund a complete redesign of Wadsworth is the desire to improve pedestrian crossings along this street, especially at W. 38 and W. 44' Avenues. The City will continue to apply for TIP funding to improve this important corridor. The environmental study that will be required to make these improvements will include an analysis of potential bicycle and pedestrian improvements. In the shorter term, the City will contact CDOT to request better maintenance of this intersection and to determine whether it might be possible add count -down pedestrian signals at the intersection signals. Comment 6 — Please see responses to Comments 2 and 3 above. Comment 7 — Please refer to the response to Comments 4 and 5 above Comment 8 — the City agrees with your comment and will certainly look to create a successful circulation network within the proposed development. Comment 9 — the placement of the open space on Lot 3 will depend on many considerations, including the desire to make the open space an amenity for the entire development area. Access for seniors living at the proposed development on Lot 2 will certainly be considered when the detailed design for that lot is reviewed. Comment 10 (first #10 comment) — the two curb cubs on the new 42 " Avenue to access Lot 2 are required for fire access and cannot be consolidated. Comment 10 (second #10 comment) — it is possible that shared parking could be explored for the development of Lot 3, especially with the First Bank site. While the City will encourage a shared parking solution for lot 3 (assuming it makes sense for the proposed end user), it is not something that we can require. Comments 11 and 12 — the site plan application for each lot in the development must demonstrate compliance with the required bicycle parking. We will review the proposed bicycle parking location for the senior housing development to ensure that it maximizes accessibility and security. Comment 13 — The minimum open space required for the proposed development on lot 2 will include more than just the 0.11 garden space. Other landscaped areas around the building also qualify as open space. The City will review the detailed site plan to ensure that minimum open space requirements are fulfilled. Responses to Other Considerations: • The zoning for the site allows drive -thru restaurants as a conditional use. If a drive -thin were proposed, it would have to address screening and site design issues as part of a conditional use permit review. There are separation requirements for fast food drive -thru restaurants in the zoning (Mixed Use - Commercial) to help ensure that this use does not become a dominate land use. Fruit trees likely will not be part of the landscape design due to maintenance concerns, which are the responsibility of the private landowner. The City does not have a service for senior transportation. As you may already know, the Senior Resource Center operates a circulator for seniors that serves Wheat Ridge. Since the City does not set the route for this circulator, we would encourage you to contact the Senior Resource Center directly to see if they would add the new senior residence to their route once it is constructed. LiveWell Sarah Showalter City of Wheat Ridge 7500 West 29 Avenue Wheat Ridge, CO 80033 June 21, 2011 Dear Sarah: On behalf of the LiveWell Wheat Ridge community coalition, thank you again for allowing us to submit comments on the proposed redevelopment at 44' and Wadsworth. As the City continues to make progress in linking land use decisions to community health, we appreciate this opportunity and hope that our comments support these efforts. This project and other mixed use projects we hope to see in Wheat Ridge's near future present an exciting opportunity to improve the City's built environment while carrying forward many key principles set forth in both the 2009 Comprehensive Plan and the 2010 Mixed Use Zoning (MUZ) Ordinance. I'm specifically referring to the inter - related principles of economic revitalization, improved community /public health, and enhanced environmental quality. Both together and separately, adherence to these principles is essential to improving the quality of life in Wheat Ridge. There are several visionary goals in the Comp Plan and regulations in the MUZ Ordinance that directly support these principles. In particular, there are many that prioritize concepts such as multi -modal transportation, improved access for pedestrians and cyclists, and safe connections to community gathering points where residents, employees, and visitors can find quality amenities for living, working, and playing. Our comments are focused on these goals and regulations. As you'll see below, we've reviewed many and subsequently provided comments and questions. We appreciate you considering our input on this important project and we look forward to any responses you wish to provide. Gratefully, Ted Heyd LiveWell Wheat Ridge Planning and Technical Consultant Molly Hanson LiveWell Wheat Ridge Coordinator Cc: Ken Johnstone 2009 COMPREHENSIVE PLAN Goal ELU 6.1 (Community Activity Centers), Pate 45 of Comp Plan The City will guide development and redevelopment to occur in planned activity centers. A range of existing and proposed activity centers along major corridors will discourage strip commercial development by concentrating a mix of uses to serve as neighborhood and community destinations. Strategies B. Discourage strip commercial by using design standards, consolidating access points along major corridors, and establishing maximum parking standards D. Provide multi -modal transportation connections and options to activity centers (especially bicycle and pedestrian connections); Comment I - There is an RTD bus stop (with shelter) on the southern side of 44' between Wadsworth and Vance. The concept plan shows a proposed deceleration lane for traffic that would take a right from 44`' onto Vance. Please confirm that the bus stop would not be displaced to accommodate the new decel lane. Comment 2 - The intersection of Vance and 44` includes four through travel lanes and a turn lane (from Vance to 44' westbound). There are currently no signals or crosswalks at this intersection. Apel - Bacher Park is located on Vance approximately 100 yards to the north of the project site and includes three tennis courts, a short walking path, and a nearly off - street connection to Holy Cross Lutheran Church. Given that this is the closest public park to the site, it's reasonable to assume that senior residents living on site, employees working on site, and other visitors will want to safely access this park for active and passive recreation. Are there any plans under this project to improve access between the site and the park for pedestrians, cyclists, or the disabled? This could include, but may not be limited to, signalization at the 44 ° i and Vance, a clearly striped crosswalk, or a median wide enough to serve as refuge for the aforementioned groups. Comment 3 - The existing conditions along Vance between 44th and Apel - Bacher Park appear inadequate in terms of serving pedestrians, cyclists, and /or the disabled. There is a non - contiguous sidewalk on the west side of Vance and no sidewalk on the east side. Could sidewalk(s) on the east or west side of Vance (b/w 44th and the Park) be added or extended to facilitate multi -modal access'? GOAL T 4.1 — Land Use and Transportation Relationship The City will stress the connected relationship between future land use and transportation, and will decrease dependence on the personal automobile with coordinated land use and transportation planning. Strategies A. Improve pedestrian and bicycle connections between neighborhoods and activity centers and corridors to reduce reliance on the automobile for short trips; Comment 4 - It's reasonably foreseeable that many of the seniors living and employees working on site will want to / need to access the Walgreens located at the northwest corner of the 44` and Wadsworth intersection. There may well be additional uses across Wadsworth from the site that these groups will wish to access on a regular basis. By a conservative estimate of two residents per dwelling unit, 194 senior residents would be living on the site. Assuming 200 square feet per employee within the 50,000 ( + / -) sf mixed commercial / office space, approximately 250 employees could be housed within the development on Lot 3. As such, a combination of approximately 450 residents and employees may come to occupy the site at full build out. If site occupants perceive Wadsworth to be a dangerous crossing route due to traffic conditions and related hazards, the odds increase, especially for seniors, that they will opt to make short distance trips (e.g. to Walgreens) by car. Consistent with the goal and strategy stated above, we urge city staff to work with CDOT to identify existing deficiencies at the 44 ° i and Wadsworth intersection and develop a plan to address them. Existing deficiencies include the following: • The crosswalk striping on the southern, western, and eastern legs of the intersection is very faded in parts. • The curb at the southwest corner is in very poor condition. • Existing medians on Wadsworth are very narrow and would provide little to no separation for bicyclists, pedestrians, or the disabled from high ADT on Wadsworth. • Overall, the combination of existing (and projected) ADT for this intersection and the stated deficiencies creates a high potential for conflicts between motorists and non - motorists crossing either Wadsworth or 44th. Contrary to the goal and strategy above, this potential for conflict would not encourage safe multi -modal circulation between the proposed redevelopment and uses on the western side of Wadsworth. Comment 5 - We appreciate that the primary function of Wadsworth is and will continue to be to move a high volume of automobile traffic, but without addressing some of the deficiencies identified above, the redevelopment would fall short of meeting Goal T 4.1. At an already very busy intersection, the City needs to take steps to minimize additional (post - development) car trips from the site to short distance destinations. GOAL SF 4.1 — Physical Activity The City will continue to work with the existing Live Well Wheat Ridge program, Jefferson County Public Schools, and other partners to promote physical activity and increase recreational opportunities. B. Identify and reduce barriers for active lifestyles (such as enhancing pedestrian connectivity and routes); F. Develop pedestrian and bicycle connections between neighborhoods and existing and proposed community activity centers and employment opportunities; Comment 6 — Please see comments 2 and 3 above. We urge the city staff to closely examine the availability and quality of existing connections between the site and Apel- Bacher Park and uses on the western side of Wadsworth, across from the site. Transportation Structure Plan / Complete Streets As shown on Transportation Structure Plan map (page 69 of 2009 Comprehensive Plan), the section of Wadsworth fronting the project site has been identified for future implementation of Complete Street concepts. As defined on Page 8 of the Comp Plan, Complete Streets are designed and operated to enable safe access for all users including pedestrians, bicyclists, motorists, and transit riders of all ages and abilities. As stated in the Comp Plan, characteristics of complete streets include the following: • Great places for people; • Defined by buildings and entrances, not the roadway; • Enhance the places that they serve; • Form community character and Shape civic design. Comment 7 — Please refer to Cormnent 4. There are several infrastructure deficiencies at the intersection of Wadsworth and 44 ° i that are inconsistent with the Complete Street characteristics identified above. We urge city staff to coordinate with CDOT to explore how and when improvements could be made to address these deficiencies. MIXED USE ZONING ORDINANCE Sec. 26 -1101. Purpose A. The purpose of the Mixed Use Commercial (MU -C) and Mixed Use Neighborhood (MUN) Zone Districts is to create a flexible approach to land uses and enhance the character of Wheat Ridge's commercial corridors and centers by promoting development that: 1. Creates a balanced mix of land uses; 2. Supports a sustainable and resilient local economy, 3. Provides unique places for people to live, work, shop, and play; 4. Improves the public realm through high quality design; 5. Promotes use by pedestrians, bicyclists, and transit users, in addition to automobiles; 6. Encourages active lifestyles; Comment 8 — When the proposed uses for lots I and 3 become known in the future and when the detailed site plan for Lot 2 is submitted, we strongly encourage the City to do all it can to create a circulation network both within the site and to connecting uses that aligns with the terms set forth (above) in Section 26 -1101 of the MUZ Ordinance. Amenities conducive to walking, biking, and use of transit are critical for this development to align with the stated purpose of the MUZ ordinance. Comment 9 — You mentioned that there will be a `public space' on Lot 3 when it's developed; approximately 10 percent of the 2.8 acres and that some of it will be `usable space.' Assuming it's a space that allows for active or passive recreation, please give careful consideration to how the public space is spatially oriented to the senior housing on Lot 1. Please ensure that its placement and access to / from said housing will maximize usage by resident seniors as well as the tenants in the mixed use / office on Lot 3. Sec. 26 -1108. Site Circulation and Vehicular Access A. Principle: Access and circulation for automobiles should be designed to minimize the number of curb cuts, increase connectivity, and encourage shared access points from streets so that disruptions to the pedestrian environment are minimized. Comment 10 — The concept plan shows two curb cuts into Lot 2 (senior housing) from the proposed 42 " Street. Consistent with Section 26 -1108, could the two curb cuts be reduced to one? Sec. 26 -1109. Parking Requirements A. Principle: Large areas of free parking encourage automobile use and detract from the land available for high quality development_ Strategies to utilize parking areas effectively - such as shared parking and parking structures - are highly encouraged. Especially within areas adjacent to transit services, reduced parking requirements encourage transit and other modes alternative to the automobile. E. Shared parking: shared parking is permitted and encouraged. Comment 10 —For development on Lot 3, will shared parking be explored with existing uses immediately to the south (e.g. Big Lots)_ Based on the several times I've been to that lot during business hours, it appears to be severely underutilized and over parked. Could some of those off -site spaces be claimed for existing First Bank parking demand or eventual parking demand for Lot 3? Consistent with Section 26 -1109, we encourage city staff to examine the feasibility of shared parking, such that some of the existing surface parking immediately to the south could be utilized to meet on -site demand, thereby reducing the need for new or improved surface parking on -site. I Bicycle parking 1. For non - residential development, or portion thereof, bicycle parking spaces shall be required at a rate of 1 bicycle parking space for every 20 automobile parking spaces. No non - residential development shall provide less than 4 bicycle parking spaces. Comment 11 — Understanding that future employees, patrons, and visitors to development on Lots I and 3 may be local and wish to ride their bikes, we appreciate that the City will ensure that these ratios will be met and that, at a minimum, four bike parking spaces will be provided on Lots 1 and 3, respectively. 2. For residential development, or portion thereof, bicycle parking spaces shall be required at a rate of I bicycle parking space for every 10 units. No multifamily residential development shall provide less than 3 bicycle parking spaces. Comment 12 - Assuming the maximum 97 dwelling units are constructed, we appreciate the City's requirement, which will result in 9 spaces on -site. 3. Parking for bicycles shall be provided on site. Bicycle parking areas shall be well lighted and located not more than 50 feet from the primary building entrance. Bicycle parking for residential uses is encouraged to be sheltered and secured. Comment 12 — We encourage city staff to carefully review the final site plan for Lot 2 to ensure that bicycling parking is located on a portion of the site and in relation to the building entrance so as to maximize accessibility and security. Sec. 26-1110. Open Space Requirements A. Principle: Parks, plazas, squares and other forms of public spaces play annnportant role in the quality of a place. Landscaped and hardscaped areas contribute to the public realm by providing places for people to gather, relax, and recreate. B. Open space required: the following table sets forth the minimum amount of open space required, measured as a percentage of the net development site area (total site area less public right -of -way). Minimum Required Open Space MU -C MU -N Mixed Use Development 10% Single Use Development 15% Comment 13 - The proposed garden / green space on Lot 2 is currently shown as 0.11 acres. During final review of the site plan for Lot 2, please ensure that 0.11 acres meets the 10 percent requirement for MUD (above) based on the proposed square footage of the multi - family building. Other Considerations There are currently four fast food restaurants along Wadsworth between 38th and 44th. We strongly encourage the City to reach out to a healthier food eatery (e.g. a Mad Greens) to explore interest in the development of Lot 1. • Development of another fast food establishment on Lot 1 would not enhance access to healthy food choices for residents (on -site and nearby), employees, and other prospective patrons. As the percentages of overweight and obese people in Colorado continue to escalate, it's essential to think critically about the type of eateries that will be constructed on the site. • Could fruit trees be planted on site to improve access to fresh fruit for senior residents and employees? • Will the city examine the feasibility of group transportation (for seniors) to Anderson Park (west on 44th) and/or WR Recreation Center? • Will the city examine the feasibility of group transportation to medical services (e.g. Exempla Lutheran or MCPN)? Sarah Showalter City of Wheat Ridge 7500 West 29 Avenue Wheat Ridge, CO 80033 June 21, 2011 Dear Sarah: On behalf of the LiveWell Wheat Ridge community coalition, thank you again for allowing us to submit comments on the proposed redevelopment at 44` and Wadsworth. As the City continues to make progress in linking land use decisions to community health, we appreciate this opportunity and hope that our comments support these efforts. This project and other mixed use projects we hope to see in Wheat Ridge's near future present an exciting opportunity to improve the City's built environment while carrying forward many key principles set forth in both the 2009 Comprehensive Plan and the 2010 Mixed Use Zoning (MUZ) Ordinance. I'm specifically referring to the inter - related principles of economic revitalization, improved connnunity /public health, and enhanced environmental quality. Both together and separately, adherence to these principles is essential to improving the quality of life in Wheat Ridge. There are several visionary goals in the Comp Plan and regulations in the MUZ Ordinance that directly support these principles. In particular, there are many that prioritize concepts such as multi -modal transportation, improved access for pedestrians and cyclists, and safe connections to conummity gathering points where residents, employees, and visitors can find quality amenities for living, working, and playing. Our comments are focused on these goals and regulations. As you'll see below, we've reviewed many and subsequently provided comments and questions. We appreciate you considering our input on this important project and we look forward to any responses you wish to provide. Gratefully, Ted Heyd LiveWell Wheat Ridge Planning and Technical Consultant Molly Hanson LiveWell Wheat Ridge Coordinator Cc: Ken Johnstone 2009 COMPREHENSIVE PLAN Goal ELU 6.1 (Community Activity Centers), Paee 45 of Comp Plan The City will guide development and redevelopment to occur in planned activity centers. A range of existing and proposed activity centers along major corridors will discourage strip commercial development by concentrating a mix of uses to serve as neighborhood and community destinations. Strategies B. Discourage strip commercial by using design standards, consolidating access points along major corridors, and establishing maximum parking standards D. Provide multi -modal transportation connections and options to activity centers (especially bicycle and pedestrian connections); Comment 1 - There is an RTD bus stop (with shelter) on the southern side of 44` between Wadsworth and Vance. The concept plan shows a proposed deceleration lane for traffic that would take a right from 44 ° i onto Vance. Please confirm that the bus stop would not be displaced to accommodate the new decel lane. Comment 2 - The intersection of Vance and 44 ° i includes four through travel lanes and a turn lane (from Vance to 44'" westbound). There are currently no signals or crosswalks at this intersection. Apel - Bacher Park is located on Vance approximately 100 yards to the north of the project site and includes three tennis courts, a short walking path, and a nearly off - street connection to Holy Cross Lutheran Church. Given that this is the closest public park to the site, it's reasonable to assume that senior residents living on site, employees working on site, and other visitors will want to safely access this park for active and passive recreation. Are there any plans under this project to improve access between the site and the park for pedestrians, cyclists, or the disabled? This could include, but may not be limited to, signalization at the 44 ° i and Vance, a clearly �\ striped crosswalk, or a median wide enough to serve as refuge for the aforementioned groups. Comment 3 - The existing conditions along Vance between 44th and Apel- Bacher Park appear inadequate in terns of serving pedestrians, cyclists, and /or the disabled. There is a C 1 non - contiguous sidewalk on the west side of Vance and no sidewalk on the east side. Could sidewalk(s) on the east or west side of Vance (b /w 44th and the Park) be added or extended to facilitate multi -modal access? GOAL T 4.1 —Land Use and Transportation Relationship The City will stress the connected relationship between future land use and transportation, and will decrease dependence on the personal automobile with coordinated land use and transportation planning. Strate6es A. Improve pedestrian and bicycle connections between neighborhoods and activity centers and corridors to reduce reliance on the automobile for short trips; Comment 4 - It's reasonably foreseeable that many of the seniors living and employees working on site will want to / need to access the Walgreens located at the northwest corner of the 44` and Wadsworth intersection. There may well be additional uses across Wadsworth from the site that these groups will wish to access on a regular basis. By a conservative estimate of two residents per dwelling unit, 194 senior residents would be living on the site. Assuming 200 square feet per employee within the 50,000 ( + / -) sf mixed commercial / office space, approximately 250 employees could be housed within the development on Lot 3. As such, a combination of approximately 450 residents and employees may come to occupy the site at full build out. If site occupants perceive Wadsworth to be a dangerous crossing route due to traffic conditions and related hazards, the odds increase, especially for seniors, that they will opt to make short distance trips (e.g. to Walgreens) by car. Consistent with the goal and strategy stated above, we urge city staff to work with CDOT to identify existing deficiencies at the 44 ° i and Wadsworth intersection and develop a plan to address them. Existing deficiencies include the following: • The crosswalk striping on the southern, western, and eastern legs of the intersection is very faded in parts. • The curb at the southwest corner is in very poor condition. Existing medians on Wadsworth are very narrow and would provide little to no separation for bicyclists, pedestrians, or the disabled from high ADT on Wadsworth. Overall, the combination of existing (and projected) ADT for this intersection and the stated deficiencies creates a high potential for conflicts between motorists and non - motorists crossing either Wadsworth or 44th. Contrary to the goal and strategy above, this potential for conflict would not encourage safe multi -modal circulation between the proposed redevelopment and uses on the western side of Wadsworth. Comment 5 - We appreciate that the primary function of Wadsworth is and will continue to be to move a high volume of automobile traffic, but without addressing some of the deficiencies identified above, the redevelopment would fall short of meeting Goal T 4.1. At an already very busy intersection, the City needs to take steps to minimize additional (post - development) car trips from the site to short distance destinations. GOAL SF 4.1 — Physical Activity The City will continue to work with the existing Live Well Wheat Ridge program, Jefferson County Public Schools, and other partners to promote physical activity and increase recreational opportunities. B. Identify and reduce barriers for active lifestyles (such as enhancing pedestrian connectivity and routes); F. Develop pedestrian and bicycle connections between neighborhoods and existing and proposed community activity centers and employment opportunities; Comment 6 — Please see comments 2 and 3 above. We urge the city staff to closely examine the availability and quality of existing connections between the site and Apel- Bacher Park and uses on the western side of Wadsworth, across from the site. Transportation Structure Plan / Complete Streets As shown on Transportation Structure Plan map (page 69 of 2009 Comprehensive Plan), the section of Wadsworth fronting the project site has been identified for future implementation of Complete Street concepts. As defined on Page 8 of the Comp Plan, Complete Streets are designed and operated to enable safe access for all users including pedestrians, bicyclists, motorists, and transit riders of all ages and abilities. As stated in the Comp Plan, characteristics of complete streets include the following: • Great places for people; • Defined by buildings and entrances, not the roadway; • Enhance the places that they serve; • Form community character and • Shape civic design. Comment 7 — Please refer to Continent 4. There are several infrastructure deficiencies a1 the intersection of Wadsworth and 40 that are inconsistent with the Complete Street characteristics identified above. We urge city staff to coordinate with CDOT to explore how and when improvements could be made to address these deficiencies. MIXED USE ZONING ORDINANCE Sec. 26 -1101. Purpose A. The purpose of the Mixed Use Commercial (MU -C) and Mixed Use Neighborhood (MUN) Zone Districts is to create a flexible approach to land uses and enhance the character of Wheat Ridge's commercial corridors and centers by promoting development that: 1. Creates a balanced mix of land uses; 2. Supports a sustainable and resilient local economy; 3. Provides unique places for people to live, work, shop, and play; 4. Improves the public realm through high quality design; 5. Promotes use by pedestrians, bicyclists, and transit users, in addition to automobiles; 6. Encourages active lifestyles; Comment 8 — When the proposed uses for lots 1 and 3 become known in the future and when the detailed site plan for Lot 2 is submitted, we strongly encourage the City to do all it can to create a circulation network both within the site and to connecting uses that aligns with the terms set forth (above) in Section 26 -1101 of the MUZ Ordinance. Amenities conducive to walking, biking, and use of transit are critical for this development to align with the stated purpose of the MUZ ordinance. Comment 9 — You mentioned that there will be a `public space' on Lot 3 when it's developed; approximately 10 percent of the 2.8 acres and that some of it will be `usable space.' Assuming it's a space that allows for active or passive recreation, please give careful consideration to how the public space is spatially oriented to the senior housing on Lot 1. Please ensure that its placement and access to / from said housing will maximize usage by resident seniors as well as the tenants in the mixed use / office on Lot 3. See. 26 -1108. Site Circulation and Vehicular Access A. Principle: Access and circulation for automobiles should be designed to nrinimize the number of curb cuts, increase connectivity, and encourage shared access points from streets so that disruptions to the pedestrian enviromnent are minimized. Comment 10 — The concept plan shows two curb cuts into Lot 2 (senior housing) from the proposed 42 Street. Consistent with Section 26 -1108, could the two curb cuts be reduced to one? Sec. 26 -1109. Parking Requirements A. Principle: Large areas of free parking encourage automobile use and detract from the land available for high quality development. Strategies to utilize parking areas effectively - such as shared parking and parking structures - are highly encouraged. Especially within areas adjacent to transit services, reduced parking requirements encourage transit and other modes alternative to the automobile. E. Shared parking: shared parking is permitted and encouraged. Comment 10 —For development on Lot 3, will shared parking be explored with existing uses immediately to the south (e.g. Big Lots). Based on the several times I've been to that lot during business hours, it appears to be severely underutilized and over parked. Could some of those off -site spaces be clamed for existing First Bank parking demand or eventual parking demand for Lot 3? Consistent with Section 26 -1109, we encourage city staff to examine the feasibility of shared parking, such that some of the existing surface parking innnediately to the south could be utilized to meet on -site demand, thereby reducing the need for new ornnproved surface parking on -site. I Bicycle parking 1. For non - residential development, or portion thereof, bicycle parking spaces shall be required at a rate of 1 bicycle parking space for every 20 automobile parking spaces. No non - residential development shall provide less than 4 bicycle parking spaces. Comment 11 — Understanding that future employees, patrons, and visitors to development on Lots 1 and 3 may be local and wish to ride their bikes, we appreciate that the City will ensure that these ratios will be met and that, at a minimum, four bike parking spaces will be provided on Lots 1 and 3, respectively. 2. For residential development, or portion thereof, bicycle parking spaces shall be required at a rate of 1 bicycle parking space for every 10 units. No multifamily residential development shall provide less than 3 bicycle parking spaces. Comment 12 - Assuming the maxnnum 97 dwelling units are constructed, we appreciate the City's requirement, which will result in 9 spaces on -site. 3. Parking for bicycles shall be provided on site. Bicycle parking areas shall be well lighted and located not more than 50 feet from the primary building entrance. Bicycle parking for residential uses is encouraged to be sheltered and secured. Comment 12 — We encourage city staff to carefully review the final site plan for Lot 2 to ensure that bicycling parking is located on a portion of the site and in relation to the building entrance so as to maxitnize accessibility and security. Sec. 26 -1110. Open Space Requirements A. Principle: Parks, plazas, squares and other forms of public spaces play an important role in the quality of a place. Landscaped and hardscaped areas contribute to the public realm by providing places for people to gather, relax, and recreate. B. Open space required: the following table sets forth the minhnurn amount of open space required, measured as a percentage of the net development site area (total site area less public right -of -way). Minimum Required Open Space MU -C MU -N Mixed Use Development 10% Single Use Development 15% Comment 13 - The proposed garden / green space on Lot 2 is currently shown as 0.11 acres. During final review of the site plan for Lot 2, please ensure that 0.11 acres meets the 10 percent requirement for MUD (above) based on the proposed square footage of the multi - family building. Other Considerations There are currently four fast food restaurants along Wadsworth between 38th and 44th. We strongly encourage the City to reach out to a healthier food eatery (e.g. a Mad Greens) to explore interest in the development of Lot 1. • Development of another fast food establishment on Lot 1 would not enhance access to healthy food choices for residents (on -site and nearby), employees, and other prospective patrons. As the percentages of overweight and obese people in Colorado continue to escalate, it's essential to think critically about the type of eateries that will be constructed on the site. • Could fruit trees be planted on site to improve access to fresh fruit for senior residents and employees? • Will the city examine the feasibility of group transportation (for seniors) to Anderson Park (west on 44th) and/or WR Recreation Center? • Will the city examine the feasibility of group transportation to medical services (e.g. Exempla Lutheran or MCPN)? G my� C �vc-v2 s AIvo s� y k)/ 's, L C 0,4-A oL C /�' ' 4 0 I �""Y"'" Q- F�LiC. � ,c�Q CJ� G' t�IZU✓lC'/�.(_G(.tit C..�, City of Wheat dge COMMUNny DEVELOPMENT City of Wheat Ridge Municipal Building 7500 W. 29 "' Ave. 303.235.2857 June 9, 2011 Nicholas Moore, P.E. Weston Solutions, Inc. 1125 Kelly Johnson Blvd, Suite 300 Colorado Springs, CO 80920 Dear Mr. Moore, Wheat Ridge, CO 80033 -8001 P: 303.235.2846 F: This letter is in regard to your submittal of the Town Center North Concept Plan. After reviewing the plan, I have the following comments. Please also refer to the enclosed redlined copy of the concept plan submittal. Y Please add the following items to Sheet 1 (see attached language on Concept Plan cover items document): 4_�Owner's Certificate ' Kf County Clerk and Recorders Certificate / E Case History box — please add the case number WCP -11 -01 Please replace the Community Development Director signature with the City Certification block, as attached (this includes a line for the Director's signature). Under the site data table on Sheet 1, please clarify if the impervious percentages are a maximum or perhaps make them a range (with a max at the high end) to avoid future amendments to the Concept Plan as future phases develop. 4. Open Space Concepts on Sheet 1: Remove the first sentence Change the second sentence to read "Open space will be considered from an aggregate erspective for the total development area." After the second sentence, add the sentence "Open space will meet at a minimum the tcy/ equirements found in the MU -C zone district." In the bullet for Lot 3, add that the 0.15 acre space will be a park space or plaza. e. /fn the bullet for Lot 3, add the sentence after the first sentence: "This open space will be of high- quality design and serve as an amenity and focal point for the entire development area." Traffic irculation on Sheet 1: L a _ ease add a sentence at the beginning that sates future development should connect the street network generally in a grid fashion with pedestrian - friendly design, including sidewalks and amenity zones on all new streets. b,.-4t: the end of the second sentence in the second -to -last paragraph please add "but is encouraged for other future development to the south." Potential Phasing and Uses on Sheet 1: L' A! After the first paragraph, add a second paragraph that reads: "Prior to Site Plan review and development of Lot 3, an amendment to this Concept Plan showing building orientation and circulation for Lot 3 shall be required." www.ci.wheatridge.co.us da! Change "Pad 3" to "Lot 3." 7� Development Criteria on Sheet 1: cal. nder maximum building coverage, add the word "to" after site plan tb!lslease change "Building Setbacks" to "Building Orientation" F ---FlTider Building Orientation, add the following to the end of the first sentence: "MU -C design criteria, which encourages buildings to be placed close to the street, with parking behind." �! On Sheet 2, change the note about the sign on Lot 1 to read "via Master Sign Plan." Attached are referrals received from other city departments and outside agencies regarding the plat document. City of Wheat Ridge Public Works Department: See enclosed comments from Dave Brossman dated June 6, 2011. Wheat Ridge Water: See enclosed comments fom Barry Hudson. Xcel: See enclosed comments from Donna George. Qwest: See enclosed comments from Jodie Leonard. Note that a meeting with Qwest is probably needed in order to discuss what easements are required, especially in preparation for the plat review and approval. Please plan to contact Jodie and involve any City staff if we can help. This concludes the summary of comments. Please address each of these comments by revising the Concept Plan. For clarification on any of these issues, please feel free to contact any of the Development Review committee members: Community Development Sarah Showalter 303- 235 -2849 Public Works Dave Brossman 303- 235 -2864 This Concept Plan approval is being processed administratively. Once the changes are made, please submit five copies of the revised plan sets. If you have any questions or need further clarification, do not hesitate to contact me at 303 - 235 -2849. Sincerely, Sarah Showalter, AICP, LEED AP Planner II c: WCP -11 -01 1 ` e City of Wheat Wdge PUBLIC WORKS Memorandum TO: Sarah Showalter, Planner II FROM: Dave Brossman, Development Review Engineer W DATE: June 6, 2011 SUBJECT: WCP -11 -01 /Weston Solutions -WRURA I have completed the first review of the Concept Plan and Erosion Control Plan received on May 27, 2011 for the proposed Town Center North development property located at 7340 W. 44 Avenue, and I have the following comments: Concept Plan: For the Legal Description on Sheet 1 and the graphical representation of the boundary on Sheet 2, please have the applicant include the following (which will be needed for the plat also): a. A Point of Commencement (shall be a section, quarter- section, or Permanent High Accuracy Control (PHAC) point). b. A tie to the section. A minimum of two different property corners must be tied to a section, quarter- section, or PHAC point. c. A Basis of Bearing on the Current City Datum. (The Current City Datum is a ground - based, modified form of the NAD83/92 State Plane coordinate system). d. Need to include the square footage (rounded to the nearest square foot) of the area as well as the acreage. 2. All of the radii for the roadway intersections on Vance south of W. 44 Avenue need to be a minimum of 20.0' flowline. The current ones are too small to accommodate vehicular turning movements. 3. Rename W. 42 " d Street to W. 42 Avenue (East -West roadways are Avenues and N -S roadways are Streets). 4. Some of the following comments may have already been completed per conversations with Tim Paranto, but I've included them in these comments as they aren't currently shown on Sheet 2: a. The south end of Vance Street needs to be realigned so the easterly side of the proposed roadway doesn't encroach into the existing residential property lying to the south of this project. b. West 42 Avenue Right -of -Way needs to be modified to be 56.00' rather than 59.00' as shown. c. Vance Street Right -of -Way needs to be modified to be 60.00' rather than the 61.00' shown. Town Center North Plan - reviewl.doc Public Works Engineering June 6, 2011 Page 2 d. The lane widths for both Vance Street and for W. 42 Avenue need to be modified to reflect the standard sections as agreed upon during discussions with the City. e. The access easement across Lots 1 & 2 needs move to the south. The north side of the access easement needs to align with the southerly property line of the existing Panda King restaurant 5. Need to show the proposed Right -of -Way width along Upham Street as being 51.00'. 6. Include the anticipated method of conveyance for all Right -of -Way and easement dedications, i.e., are they to be conveyed by Plat, separate deed instrument(s), etc. Erosion Control Site Plan: 1. Plant materials from the attached City of Wheat Ridge plant list will need to be used for the proposed detention pond area. 2. Please see the attached memo from Bill LaRow, Stormwater Quality Program Manager. NOTE: The following is a list of documents the applicant's surveyor will need to follow in order to produce a complete Final Plat submittal. • Final Plat Review checklist (this is checklist the City uses to ensure complete plat submittals). • Geodetic Surveying Requirements for Final Plats (all of these items must be addressed on the Final Plat regardless of surveying methodology employed). • City's complete coordinate list (showing the relationship between the Current City Datum and State Plane systems). • Section and Quarter Section Map (including NGS primary control points within the City's network). The above documents are all available in the Land Surveying Information Packet on the City's website at: http://www.ei.wheatridge.co.us/DocumentView.asp?DID=542 Town Center Noah Plan -review I doc City of Wheatdge PUBLIC WORKS STORMWATER QUALITY MANAGEMENT PROGRAM City of Wheat Ridge Municipal Building 7500 W. 29 Ave. To: Dave Brossman, Development Review Engineer Wheat Ridge, CO 80033 -8001 P: 303.235.2861 F: 303.235.2857 From: William C. LaRow III, Stormwater Quality Program Manager Date: June 6, 2011 Subject: Proposed Town Center, located at 44 and Upham, Wheat Ridge CO. The above project has been issued a general permit for stormwater discharges associated with construction activities by the Colorado Department of Health and Environment (CDPHE) and therefore requires a site specific Stormwater Management Plan (SWMP) based on approved building plan sets. When the plans are no longer conceptual and all documentation (i.e. Final Drainage Report) are received by the City then a review of the SWMP and any supporting documentation will be done. William C. LaRow, P.G., C.H.M.M. Stormwater Quality Program Manager www.ci.wheatrid ge.co. us C:\Documents and Settings\DBrossman\Local SettiagATemporary Internet Files \0LK124\Memo0606I Ldoc City of Wheatridge Attn: Sarah Showalter 7500 W. 29 Ave Wheatridge Colorado 80033 Sarah, I received your concept plan for Town Center North at W.44 1h Ave and Upham. I am concerned about a couple of items. First, we have facilities that feed the neighborhood. We have one large cabinet along Upham and another along W.44 Ave. If these need to be relocated, it will be at the expense of the property owner. Second, I do not see utility easements on the plat. We will need these. An 8 -10' utility easement around the perimeter of each lot should be sufficient. The individual lot requirements will vary depending upon what is built. This is typically shared with the property owner and developer once their plans are received by Qwest. Qwest does have facilities to feed this new development. The new development should be a nice addition to the City of Wheatridge. I look forward to working with you. Please feel free to contact me regarding this project. Sincerely, Jodie Leonard Qwest Senior Design Engineer 303 - 451 -2379 Jodie.Farnsworth @Qwest.com law MW AMW Xce/ EnergySM PUBLIC SERVICE COMPANY June 8, 2011 City of Wheat Ridge Community Development 7500 W. 29th Avenue Wheat Ridge, Colorado 80033 Attn: Sarah Showalter Re: Weston Solutions/Wheat Ridge URA, Case # WCP -11 -01 Right of Way & Permits 1123 West 3'" Avenue Denver, Colorado 80223 Telephone: 303.571.3306 Facsimile: 303.571.3826 Public Service Company of Colorado (PSCo) has reviewed the plans for Weston Solutions/ Wheat Ridge URA. Please be aware PSCo owns and operates existing electric distribution facilities throughout the subject property. The developer must contact the Builder's Call Line at 1- 800 - 628 -2121 and complete the application process for any new gas or electric service, or modification to existing facilities. It is then the responsibility of the developer to contact the Designer assigned to the project for approval of design details. Additional easements may need to be acquired by separate document for new facilities. As a safety precaution, PSCo would like to remind the developer to call the Utility Notification Center, at 1- 800 - 922 -1987 to have all utilities located prior to any construction. If you have any questions about this referral response, please contact me at (303) 571- 3306. Thank you, Donna George Contract Right of Way Processor Public Service Company of Colorado Page 1 of 1 Sarah Showalter From: Meredith Reckert Sent: Wednesday, June 08, 2011 9:50 AM To: Sarah Showalter Subject: FW: Referrals For your referral file. Meredith Reckert, AICP Senior Planner Office Phone: 303 - 235 -2848 fC d o5 ttl:wllf On rta.orMtna � From: Steve Art Sent: Wednesday, June 08, 20119:47 AM To: Meredith Reckert Cc: Patrick Goff; Rick Adams (rcadams7777 @msn.com) Subject: Referrals Meredith, At last nights URA meeting, the board approved compliance with the Wadsworth corridor plan for the two Weston submittals (WCP -11 -01 and MS- 11 -02). No objections were determined Steve Art Econornic Development & Urban Renawal Manager Direct: 303-135-2806 Cell:720- 454 -9040 Fax: 303- 235 -2806 7500 W. - Avenue Wheat Rid-e- Colorado 80033 wev�t.ci:whean City of Wheat � M ANAGHtS OrfICe CONFIDENTIALITY NOTICE: This e-mail contains business - confidential information. It is intended only for the use of the individual or entity named above. If you are not the intended recipient, you are notified that any disclosure, copying, distribution, electronic storage or use of this communication is prohibited. If you received this communication in error, please notify us immediately by e -mail, attaching the original message, and delete the original message from your computer, and any network to which your computer is connected. Thank you. 06/08/2011 Page 1 of 1 Sarah Showalter From: Barry Hudson [barry @wrwdistrict.com] Sent: Thursday, June 02, 2011 5:16 PM To: Sarah Showalter; Perry Nickle Subject: 4203 Wadsworth Dear Ms. Showalter. We have no real concerns about this project. There should be no modification of water service. We will want advance notice for turn on of water service and care should be used in the event the parking lot is repaved to avoid damage to valve covers and meter pits. The developer should contact this office for any water concerns. Barry Hudson Manager Wheat Ridge Water District 06/06/2011 Page 1 of 3 Sarah Showalter From: Barry Hudson [barry@wrwdistrict.com] Sent: Thursday, June 02, 2011 4:58 PM To: Sarah Showalter; Moore, Nicholas; Perry Nickle Subject: FW: URA Development at 44th and Upham, Town Center North Dear Ms. Showalter: Below please see our reply to Mr. Moore of Weston concerning the Town Center North Development. The content thereof is fully applicable to your Community Development Referral. Mr. Moore and Weston have to put together their water main plans as soon as possible to obtain full Denver Water approval in time for your desired commencement of work date. Should you have any questions about these issues, as I am out of town for the next two weeks, please call Perry at 303 - 424 -2844, ext. 26 of email him at the address above. Barry Hudson Manager Wheat Ridge Water District From: Barry Hudson Sent: Thursday, May 26, 20112:17 PM To: 'Moore, Nicholas'; 'Perry Nickle (perry@wrwdistrict.com)' Subject: RE: URA Development at 44th and Upham Dear Mr. Moore: Perry and I have reviewed your preliminary street location plan concerning the Town Center North project at 44 and Wadsworth. It is our understanding that you would anticipate potentially starting construction as early as September of 2011. To accomplish that, a set of plans will have to be submitted showing complete water infrastructure for this project. Those will have to be first submitted to Wheat Ridge Water District and Wheat Ridge Fire Protection District and then to Denver Water for final approval. These plans must conform in every respect to Denver engineering requirements including conforming to Denver electronic filing requirements. The primary differences for Wheat Ridge Water are that all valves and hydrants are required to be left hand open, opposite of the normal Denver standard. Second all new hydrants as required by Wheat Ridge Fire shall be Waterous brand, model number WB250, again, left hand open. Thirdly, as this is to be a large building, and we anticipate that two inch or larger meters will be used, we will specify Sensus brand "Omni 2" meters as a requirement on this project. Regarding the water line requirements, we will require that an 8" main be built from 44 Avenue along the rerouted Vance street to the new 42 Street and then continue with a 90 degree turn to the east to join with our Upham main. Regarding Upham, provided that the alignment works there is already a connection that may be possible to reuse to connect to the Upham main at approximately 42 ". If that does not work, then a new 06/06/2011 Page 2 of 3 connection to the large Upham main will have to be made. At the intersection of the new 42 Street and rerouted Vance, there will have to be a 'T" installed with the unused opening oriented towards the west. This is for purposes of future interconnections to the rest of the undeveloped area. Also at the intersection of Vance and what appears to be the new 43' St., we will require the installation of a "Cross" fitting to provide for future mains to the east and west for future development. As the Wheat Ridge Water District is expert in complying with Denver Water standards, we will provide pre -plan review and advice before submission to Denver. In that fashion we can endorse the plans when submitted, which usually carries some weight with Denver and results in quicker approval. Regarding the participation of Wheat Ridge Water, it has always been our intent to enhance the project by ultimately connecting the project with a future main in front of Big Lots and the Post Office, which ultimately will connect with our system at 38 Avenue creating an independent system off of Wadsworth. I understand that your firm has substantial experience with Denver Water projects and are prepared to go forward with plan preparation. Please understand that both Denver Water and the Wheat Ridge Fire Protection District will require far more information about the location, height, population density and other information on the actual structures before we can finally approve these plans. The information is necessary for final main sizing, hydrant location and tap sizing. Should you have any questions, do not hesitate to write or to call me or Perry. Thanks, Barry Hudson Manager Wheat Ridge Water District 303 - 424 -2844, ext. 25 From: Moore, Nicholas [mailto: Nicholas .Moore @WestonSolutions.com] Sent: Wednesday, May 25, 20113:41 PM To: Perry Nickle; Barry Hudson Subject: URA Development at 44th and Upham Perry, As discussed on the phone this afternoon I am sending our current concept design for the development at 44 and Upham. We are currently looking to provide the infrastructure to support the construction of a senior living facility on Lot 2. Lot 1 and Lot 3 will develop further in the future. After you have a chance to review the plan please give me a call at your convenience to discuss. We will be submitting a subdivision application for the development to the City next Friday, shortly thereafter hope to go into the design phase for the public infrastructure. I would like to discuss with the district how to collaborate on the design and construction aspect of the new mainline as we move that forward. Thanks for taking the time to discuss some of these issues this afternoon. 06/06/2011 Page 3 of 3 -Nick Nicholas Moore, PE Senior Project Engineer Weston Solutions, Inc. 1125 Kelly Johnson Blvd, Suite 300 Colorado Springs, CO 80920 Office (719) 260 -4487 Cell (303) 725 -1331 Fax (719) 590 -7310 n icholas. moore(a).westonsol ution s. com CONFIDENTIALITY: This email and attachments may contain information which is confidential and proprietary. Disclosure or use of any such confidential or proprietary information without the written permission of Weston Solutions, Inc. is strictly prohibited. If you received this email in error, please notify the sender by return e -mail and delete this email from your system. Thank you. 06/06/2011 a 63�, , 7500 West 29th Avenue heat I leaf 1 �c' Wheat Ridge, Colorado 80033 03.235.2846 Fax: 303.235.2857 COMMUNITY DEVELOPMENT E 51VED Comm nit Dev opmenit' Refer al Form Date: May 24, 2011 sponse Due: JA e , 2011 The Wheat Ridge Community Developmen 'k7e ent received the Concept Plan submittal for proposed Town Center North development, located at the southeast corner of W. 40 Avenue and Wadsworth (7340 W. 44 Avenue). The Concept Plan covers approximately 8 acres. A detailed Site Plan submittal, which will be placed on referral to you, will be required for any future phases of development. A Subdivision Plat for the concept plan area is anticipated for submittal in June and will also be sent on referral to you. Case No.: WCP -11 -01 Weston Solutions/Wheat Ridge URA Request: The applicant is requesting concept plan approval for future development at the site. The concept plan is required per the zoning, Mixed Use - Commercial (MU- C), since this is a phased development. The concept plan calls for mixed use development at the site. The total future build -out could include up to 10,000 SF commercial on Lot 1, 97 housing units on Lot 2, and 50,000 SF commercial on Lot 3. All future development will require a Site Plan submittal prior to building permit. Please respond to this request in writing regarding your ability to serve the property or with related concerns pertaining to this application. Please specify any new infrastructure needed or improvements to existing infrastructure that will be required. Include any easements that will be essential to serve the property as a result of this development. Please detail the requirements for development in respect to your rules and regulations. If you need further clarification, contact the case manager. Case Manager: Sarah Showalter Voice: 303 - 235 -2849 Fax: 303 - 235 -2857 Email: sshowalterQci.wheatridge.co.us Wheat Ridge Public Works Wheat Ridge Economic Development/Urban Renewal Authority Wheat Ridge Building Division Wheat Ridge Parks and Recreation Wheat Ridge Fire Department Wheat Ridge Water Wheat Ridge Sanitation Xcel Qwest �NfAr Rip el WHEAT RIDGE FIRE PROTECTION DISTRICT DOING THE RIGHT THINGS AT THE RIGHT TIMES FOR THE RIGHT REASONS 3880 Upham Street Wheat Ridge, Colorado 80033 e ph.303.403.5900 a www.wrfire.org DIVISION OF FIRE PREVENTION June 16, 2011 Sarah Showalter City of Wheat Ridge Community Development 7500 West 29 Ave Wheat Ridge, CO 80033 RE: Community Development Referral CASE No.: WCP -11 -01 Weston Solution/Wheat Ridge URA The Wheat Ridge Fire Protection District has reviewed the Community Development Referral and has the following comments regarding our ability to serve this property: 1. Refer to the attached Commercial Site Planning Guide for an overview of the Fire District requirements and considerations during the site planning process. For complete requirements, reference the 2006 International Fire Code and adopted City of Wheat Ridge amendments. 2. Fire hydrants shall be in place and operational prior to the delivery of combustible construction materials. IFC 1412.1 An approved water supply for fire protection, either temporary or permanent, shall be made available as soon as combustible material arrives on the site. 3. Insure infrastructure and roadways are in place and sufficient to provide Fire Department access as required. IFC 14 10. 1 Required access. Approved vehicle access for firefighting shall be provided to all construction or demolition sites. Vehicle access shall be provided to within 100 feet (30 480 mm) of temporary or permanent fire department connections. Vehicle access shall be provided by either temporary or permanent roads, capable of supporting vehicle loading under all weather conditions. Vehicle access shall be maintained until permanent fire apparatus access roads are available. WHEAT RIDGE FIRE PROTECTION DISTRICT DOING THE RIGHT THINGS AT THE RIGHT TIMES FOR THE RIGHT REASONS 3880 Upham Street Wheat Ridge, Colorado 80033 • ph.303.4o3.S900 • www.wrfire.org 4. The applicant should be made aware that the proposed project(s) may require one or more of the following Fire Department permits: • Fire District building permit • Fire alarm system permit • Sprinkler system permit It is the responsibility of the property owner /tenant to verify that all required Fire Department permits are acquired. Please feel free to contact me if there are any questions or concerns with respect to this review. Reviewed by, Kelly Brooks Fire Marshal Wheat Ridge Fire Protection District SITE PLANNING GUIDE FOR COMMERCIAL OCCUPANCIES Division of Fire Prevention �H{AT IbD i.. C �fYNt �i F 4Y1 [t �j�ij WHEAT RIDGE FIRE PROTECTION DISTRICT DOING THE RIGHT THINGS AT THE RIGHT TIMES FOR THE RIGHT REASONS 3880 Upham Street Wheat Ridge, Colorado 80033 • ph.303.403.S900 • www.wrfire.org Table of Contents General Information Private Street Signs Building Address Numbers Fire Apparatus Access Roads 3 - Additional Access - Commercial and Industrial Developments - Aerial Fire Apparatus Access Roads - Fire Apparatus Access Road Widths - Vertical Clearances - Authority - Surface - Bridges and Elevated Surfaces - Dead End Fire Apparatus Access Roads - Turning Radius - Fire Apparatus Access Road Grades - Curbs - Marking of Fire Apparatus Access Roads Water Supply and Fire Flow Fire Flow Calculation Area Minimum Required Fire Flow Reductions in Minimum Required Fire Flows Sprinkler Systems not Permitted for Reduction Fire Hydrant Spacing .._. 7 - -- - - --- - Sprinkler or Standpipe Systems and Hydrant Location Fire Hydrants and Installation - ... - 7 ......... - - Obstructions - Clear Space Around Fire Hydrants - Fire Hydrants Subject to Vehicle Damage - Other Barriers Fire Protection Systems 8 - Group 8 Occupancies - Group E Occupancies - Group F -2 Occupancies - Group S -2 Occupancies - Underground Lines for Fire Protection Systems - BackFlow Prevention - Fire Sprinkler and Standpipe Control Rooms - Fire Department Connection Locations - Fire Department Connection Height - Access to Fire Department Connections - Locking Fire Department Connection Caps Utilities 10 - Electrical Rooms - Gas Meters Subject to Vehicular Damage Miscellaneous Features 11 Gas Meters Subject to Vehicular Damage WHEAT RIDGE FIRE PROTECTION DISTRICT Division of Fire Prevention General Information This site planning guide for commercial occupancies is based upon the 2006 International Fire Code and the 2006 International Building Code as amended and adopted by the City of Wheat Ridge and the Wheat Ridge Fire Protection District. For site plan purposes, commercial occupancies include all buildings other than one and two family dwellings and townhomes as classified by the International Residential Code. This guide has been prepared for use within the City of Wheat Ridge and within the boundaries of the Wheat Ridge Fire Protection District. This information is intended to be used as a guide for site planning purposes and is not intended to be inclusive of all code requirements. Additional requirements based upon the International Fire Code as amended may be applicable once a site plan submittal has been reviewed by the Division of Fire Prevention. Signage Streets and roads shall be identified with approved signs. Temporary signs shall be installed at each street intersection when construction of new roadways allows passage by vehicles. Signs shall be of an approved size, weather resistant and be maintained until replaced by permanent signs. Street signs, temporary or permanent, shall be installed prior to above grade construction. (IFC 06 505.2) Private Street Signs. Street signs for private streets are not provided by the City of Wheat Ridge. The installation of street signs shall be the responsibility of the developer. Street signs shall meet the requirements of the Model Traffic code. The street sign design shall be approved by the Division of Fire Prevention prior to installation. (IFC 06 505.2) Building Address Numbers. New buildings shall have approved address numbers, building numbers or approved building identification placed upon the building in a position that is plainly legible and visual from the street or roadway fronting the property. The address numbers shall contrast with their background. Address numbers shall be Arabic numerals or alphabet letters. Address or building identification numbers shall be a minimum height of not less than four (4) inches, and with a minimum stroke width of not less than 0.5 inches. (IFC 06 505.1) When address numbers are placed on buildings that are accessed from alleys or private streets away from the main street frontage, address signs and or address numbers shall be posted at the entrance to the alley or private street. The address signs shall be approved by the Division of Fire Prevention prior to installation. (IFC 06 505.1) 21P WHEAT RIDGE FIRE PROTECTION DISTRICT Division of Fire Prevention Fire Apparatus Access Roads Approved fire apparatus access roads shall be provided for every facility, building or portion of a building hereafter constructed or moved into the Wheat Ridge Fire Protection District. The fire apparatus access road shall comply with the requirements of the fire code and shall extend to within one hundred fifty (150) feet of all portions of the exterior wall of the first story of the building as measured by an approved route around the exterior of the building or facility. (IFC 06 503.1.1) Exception: The fire marshal or designated representative is authorized to increase the dimension of one hundred fifty (150) feet where: 1. The building is provided throughout with an approved automatic sprinkler system installed in accordance with the fire code. 2. Fire apparatus access roads cannot be installed because of location on property, topography, waterways, nonnegotiable grades or other similar conditions, and an approved alternative means of fire protection is provided. Additional Access. The fire marshal is authorized to require more than one fire apparatus access road based upon the potential for impairment of a single road by vehicle congestion, condition of terrain, climatic conditions or other factors that could limit access. (IFC 06 503.1.2) Commercial and Industrial Developments. Buildings of facilities exceeding thirty (30) feet or three stories in height shall have at least three means of fire apparatus access for each structure. (IFC 06 D104.1) Buildings or facilities having a gross building area of more than sixty -two (62) thousand square feet shall be provided with two separate and approved access roads. (IFC 06 D104.1) Exceptions: 1. Projects having a gross building area of up to 124,000 one- hundred- twenty -four thousand square feet that have a single approved fire apparatus access road when all buildings are equipped throughout with an approved automatic sprinkler system. 2. Where two access roads are required, they shall be placed a distance apart equal to not less than one half of the length of the maximum overall diagonal dimension of the property or area to be served, measured in a straight line between accesses. (IFC 06 D104.3) 3 1' WHEAT RIDGE FIRE PROTECTION DISTRICT Division of Fire Prevention Aerial Fire Apparatus Access Roads. Buildings or portions of buildings or facilities exceeding thirty (30) feet in height above the lowest level of fire department vehicle access shall be provided with approved fire apparatus access roads capable of accommodating fire department aerial apparatus. Overhead utility and power lines shall not be located within the areal apparatus access roadway. (IFC 06 Appendix D105.1) Fire apparatus access roads shall have a minimum unobstructed width of twenty- six (26) feet in the immediate vicinity of any building or portion of building more than thirty (30) feet in height. (IFC 06 Appendix D105.2) At least one of the required access routes meeting this condition shall be located within a minimum of fifteen (15) feet and a maximum of thirty (30) feet from the building, and shall be positioned parallel on one entire side of the building. (IFC 06 D105.3) Fire Apparatus Access Road Widths. Fire apparatus access roads or fire access lanes shall have a minimum unobstructed width of twenty -four (24) feet. (IFC 06 503.2.1 Amended) Vertical Clearance. An unobstructed vertical clearance of not less than thirteen (13) feet, six (6) inches shall be provided and maintained. (IFC 06 503.2.1) Authority. The fire marshal shall have the authority to require an increase in the minimum access widths where they are inadequate for fire or rescue operations. (IFC 06 503.2.2) Surface. Fire apparatus access roads shall be designed and maintained to support the imposed loads of eighty five thousand (85,000) pound fire apparatus and shall be surfaced with the first lift of asphalt to provide all- weather driving capabilities, and shall be installed prior to above grade construction. (IFC 06 503.2.3 Amended) Grass - crete, Ritter Rings or similar landscape treatments that will prevent a fire apparatus access road from being maintainable as an all- weather surface and immediately discernable, shall be prohibited. (IFC 06 503.2.3 Amended) Bridges and Elevated Surfaces. Where a bridge or elevated surface is part of a fire apparatus access road, the bridge shall be constructed and maintained in accordance with AASHITO HB -17 and City of Wheat Ridge Engineering Standards. Bridges and surfaces shall be designed for a live load of a minimum of eighty five thousand (85,000) pound fire apparatus. Vehicle load limits shall be posted at both entrances to bridges. Where elevated surfaces which are not designed as for use of fire apparatus, approved barriers or signs shall be installed and maintained. (IFC 06 503.2.6) al =;: WHEAT RIDGE FIRE PROTECTION DISTRICT Division of Fire Prevention Dead End Fire Apparatus Access Roads. Dead end fire apparatus access roads in excess of one hundred fifty (150) feet in length shall be provided with an approved area for the turning around of fire apparatus. (IFC 06 503.2.5) TABLE D103.4 REQUIREMENTS FOR DEAD -END FIRE APPARATUS ACCESS ROADS LENGTH WIDTH (feet) (feet) TURNAROUNDS REQUIRED 0-150 20 None required 120 -foot Hammerhead, 60 -foot "Y" or 151- 500 20 96- foot - diameter cul -de -sac in accordance with Figure D103.1 120 -foot Hammerhead, 60- foot "Y" or 501 -750 26 96- foot - diameter cul -de -sac in accordance with Figure D103.1 Over 750 Special approval requited Turning Radius. The required turning radius for fire apparatus shall be a minimum of forty -seven feet -four inches (47) feet four (4) inches outside radius and twenty six (26) feet six (6) inches inside radius with a four (4) foot bumper overhang. (IFC 06 503.2.4) 96' 28'R TYP.' 2fi' 96 DIAMETER CUL-DE-SAC 0 S� 26'R TYP.' 20' 60' "Y" 20'� 26' 20' - -� 20' MINIMUM CLEARANCE AROUNDAFIRE HYDRANT 60 -1 — 60' r�26 _3 28'R TYR' —> 12 0`HAMMERHEAD 28' R TYP.' 70' 20'T 20' ACCEPTABLE ALTERNATIVE TO 120' HAMMERHEAD FIGURE D103.1 DEAD -END FIRE APPARATUS ACCESS ROAD TURNAROUND 51'' <" WHEAT RIDGE FIRE PROTECTION DISTRICT Division of Fire Prevention Fire Apparatus Access Road Grades. The grade of fire apparatus access roads shall not exceed City of Wheat Ridge Engineering and Wheat Ridge Fire Protection District Standards. (IFC 06 503.2.7) Curbs. Vertical curbs shall not be placed at the entrance of or within fire access lanes or roads. Mountable curbs and gutter may be used, if approved by the fire marshal. (IFC 06 503.2.8 Amended) Marking of Fire Apparatus Access Roads. "No Parking Fire Lane" signs shall be installed on each side of fire apparatus access roads, private streets or alleys to identify such roads and to prohibit parking. The maximum spacing between signs shall not exceed 135 feet. "No Parking Fire Lane' signs shall meet the requirements as set forth by the City of Wheat Ridge. (IFC 06 503.3) Water Supply and Fire Flow Water lines and fire hydrants shall be installed, operational and capable of providing the minimum required fire flow for the building sites prior to above grade construction. (IFC 06 508.5.1) Water lines shall be installed and looped in accordance with the Water District of jurisdiction standards. Fire Flow Calculation Area. The fire flow calculation area shall be the total floor area of all floors within the exterior walls, and under the horizontal projections of the roof of a building except as modified in Section B 104.3. (IFC 06 Sec B104.1) The fire flow calculation area of buildings constructed of Type IA and Type IIB construction shall be the area of the three largest successive floors.(IFC 06 SecB104.3) Minimum Required Fire Flow. The minimum required fire flow for buildings is calculated from Appendix B, Table B 105.1. (IFC 06 Appendix B) A copy of Appendix B, Table B is available upon request from the Division of Fire Prevention. Reductions in the Minimum Required Fire Flow Area Separations. Portions of buildings which are separated by two (2) hour fire walls without openings, constructed in accordance with the 2006 International Building Code are allowed to be considered as separate fire flow calculations. (IFC 06 Sec B104.2) A reduction in the required fire flow up to fifty (50) percent as approved by the fire marshal is allowed when the building is provided with an approved automatic sprinkler system installed in accordance with Section 903.1.1. The resulting available fire flow 61= :;.: WHEAT RIDGE FIRE PROTECTION DISTRICT Division of Fire Prevention shall not be less than one - thousand - five - hundred (1,500) gallons per minute for the prescribed duration as specified in Appendix B Table B 105.1. (IFC 06 Sec 13105.2) Sprinkler Systems Not Permitted For Reduction In Minimum Fire Flows. NFPA 13- R Sprinkler Systems are not permitted to be used for a reduction in the minimum required fire flow. (IFC 06 Sec B103.1 Amended) Fire Flow Test Information. Fire flow test information may be obtained from the Division of Fire Prevention of the Wheat Ridge Fire Protection District. Fire flow tests are usually completed within ten (10) working days, unless conflicts or weather conditions arise in scheduling tests with the Water District of jurisdiction or the Division of Fire Prevention. (IFC 06 508.4) Fire Hydrant Spacing Fire hydrant spacing in commercial and multi - family occupancies shall be installed at a maximum of three - hundred (300) feet spacing between units. (IFC 06 508.5.1 Exp. 3 Amended) Fire hydrant locations shall be approved by the Water District of jurisdiction and the Division of Fire Prevention. (IFC 06 508.5.1) Sprinkler or Standpipe Systems and Fire Hydrant Location. A fire hydrant shall be installed and maintained within one - hundred -fifty (150) feet of a fire department connection serving a sprinkler or standpipe system. (IFC 06 508.1 Amended) Fire Hvdrants and Installation Fire hydrants shall be painted colors as approved by the Water District of jurisdiction. (IFC 06 508.5.7 Amended) Fire hydrants shall be installed in such a manner that the four and one half (4 -1/2) inch discharge nozzle on the fire hydrant is a minimum of eighteen (18) inches above finished grade in accordance with the Water District of jurisdiction standards. Fire hydrant discharge nozzle threads shall be in accordance with the Water District of jurisdiction standards. Obstructions. Posts, fences, vehicles, growth, trash storage, mail kiosks, transformers or other materials or objects shall not placed or kept near fire hydrants that would prevent such equipment from being immediately discernable. (IFC 06 508.5.4) Clear Space Around Fire Hydrants. A minimum of a three (3) foot clear space shall be provided and maintained around the circumference of fire hydrants. (IFC 06 508.5.5) 71 WHEAT RIDGE FIRE PROTECTION DISTRICT Division of Fire Prevention Fire Hydrants Subject To Vehicle Damage. Fire hydrants that are subject to vehicular impact shall be protected by posts that comply with the fire code or by other approved physical barriers that comply with the fire code. (IFC 06 312.1) 1. Constructed of steel not less than four (4) inches in diameter and concrete filled. 2. Spaced not more than four (4) feet between posts on center. 3. Set not less than three (3) feet deep in concrete footing of not less than a fifteen (15) inch diameter. 4. Set with the top of the posts not less than three (3) feet above the ground. 5. Located not less than three (3) feet from the protected object. Other barriers. Physical barriers shall be a minimum of thirty -six inches in height and shall resist a force of twelve (12,000) pounds applied thirty -six (36) inches above the adjacent ground surface. (IFC 06 312.3) Fire Protection Systems For information on sprinkler or standpipe systems that may be required by the International Fire and Building Codes or required for access, fire flow requirements for water supply, please contact the Division of Fire Prevention or the City of Wheat Ridge Building Department. Sprinkler System Requirements as Amended: In addition to the required sprinkler system installations as specified within the International Fire Code, 2006 edition, the following occupancies shall be required to be provided with automatic sprinkler systems: Group B Occupancies. An automatic sprinkler system shall be installed in Group B, Occupancies where the floor area exceeds twelve- thousand (12,000) square feet or eighteen- thousand (18,000) square feet on combined floors and mezzanines. (IFC 06 903.2.1.6 Amended) Group E Occupancies. An automatic sprinkler system shall be installed in Group E Occupancies where the floor area exceeds twelve- thousand (12,000) square feet or eighteen- thousand (18,000) square feet on combined floors and mezzanines: (IFC 06 903.2.2 Amended) Group F -2 Occupancies. An automatic sprinkler system shall be installed in Group F- 2 Occupancies where the floor area exceeds twelve- thousand (12,000) square feet or eighteen- thousand (18,000) square feet on combined floors and mezzanines. (IFC 06 903.2.2.2 Amended) el- WHEAT RIDGE FIRE PROTECTION DISTRICT Division of Fire Prevention Group S -2 Occupancies. An automatic sprinkler system shall be installed in Group S- 2 Occupancies where the floor area exceeds twelve- thousand (12,000) square feet or eighteen- thousand (18,000) square feet on combined floors and mezzanines. (IFC 06 903.2.9.1.2 Amended) Underground Lines for Fire Protection Systems. Underground fire lines and water lines shall be adequately sized for the sprinkler system design density and required inside and outside hose streams. Underground contractors shall be licensed with the Colorado Division of Fire Safety and the Water District of jurisdiction. Underground fire line design and installation will need to be approved and inspected by the Water District of jurisdiction. The two - hundred (200) pound hydrostatic two (2) hour test shall be witnessed by the Division of Fire Prevention. (IFC 06 508.5.3) Back Flow Prevention. Back flow prevention shall be installed on all new sprinkler and standpipe systems. (IFC 06 903.3.5) 1. Double Check back flow prevention devices may be installed for sprinkler and standpipe systems without chemicals. 2. Reduced Pressure back flow prevention shall be installed on sprinkler and standpipe systems using anti - freeze or chemicals. Please contact the Water District of jurisdiction for installation and type of back flow prevention that is approved for installation. (IFC 06 912.5) Fire Sprinkler or Standpipe Control Rooms. When an automatic fire sprinkler system or standpipe system is provided within a building and serves more than one tenant space, the main control valves shall be located within a room of sufficient size that has access provided from the building exterior with a door that is provided for fire department access. Said door shall not be less than three (3) feet in width, by six (6) feet eight (8) inches in height and shall be appropriately labeled with a permanent sign having letters of not less than one (1) inch in height stating, "Fire Control Room ". (IFC 06 903.1.2 and IFC 06 905.1.2 Amended) Fire Department Connection Locations. The fire department connection serving a sprinkler or standpipe system shall be located on the front of the building as approved by the fire marshal. (IFC 06 903.3.7) Fire Department Connection Height. A fire department connection serving a sprinkler or standpipe system shall be installed at a minimum height of not less than three (3) feet nor more than four (4) feet above finished grade. (IFC 06 903.3.7 and IFC 06 905.5.1 Amended) _. _.... _.. 91.. -a {;: WHEAT RIDGE FIRE PROTECTION DISTRICT Division of Fire Prevention Access to Fire Department Connections. Immediate access to fire department connections shall be provided and maintained at all times and without obstruction by fences, bushes, trees, walls, or any other object for a minimum of three (3) feet. (IFC 06 912.3) Locking Fire Department Connection Caps. Locking Knox fire department connection caps shall be provided on fire department connections for water -based fire - protection systems. (IFC 06 912.3.1) Contact the Division of Fire Prevention for Knox application form. Utilities Electrical rooms. The doors to the electrical room shall be labeled, "Main Electrical Disconnect' in a minimum of one (1) inch letters on a contrasting background. (IFC 06 605.3.1.2 Amended) Gas Meters Subject to Vehicular Damage. Gas meters that are subject to vehicular damage shall be adequately protected by posts or other approved barriers that comply with the fire code. (IFC 06 312.1) 1. Constructed of steel not less than four (4) inches in diameter and filled with concrete. 2. Spaced not more than four (4) feet between posts on center. 3. Set not less than three (3) feet deep in a concrete footing of not less than a fifteen (15) inch diameter. 4. Set with the top of the posts not less than three (3) feet above the ground and located not less than three (3) feet from the protected object. 5. Other barriers. Physical barriers shall be a minimum of thirty -six (36) inches in height and shall resist a force of twelve (12,000) pounds applied thirty -six (36) inches above the adjacent ground surface. (IFC 06 312.3) Miscellaneous Features Key Boxes. A Knox Box key box shall be provided on all buildings that have required sprinkler systems, extinguishing systems, standpipe systems or fire alarm systems. Please contact the Division of Fire Prevention for a Knox application form. (IFC 06 506.3 Amended) The key box shall contain all necessary keys to gain access to the building and fire control rooms and shall be maintained at all times. (IFC 06 506.2) Trash Enclosures. Trash enclosures shall be of non - combustible construction including gates or doors. (IFC 06 304.2.1 Amended) 10 F ;; f- a6, City of 7500 West 29th Avenue OM W heat` , ge Wheat Ridge, Colorado 80033 MUNLTyDEVELOPMENT 303.235.2846 Fax: 303.235.2857 Community Development Referral Form Date: May 24, 2011 Response Due: June 8, 2011 The Wheat Ridge Community Development Department received the Concept Plan submittal for proposed Town Center North development, located at the southeast corner of W. 44 Avenue and Wadsworth (7340 W. 44 Avenue) acres. A detailed Site Plan submittal, which will any future phases of development. The Concept Plan covers approximately 8 be placed on referral to you, will be required for A Subdivision Plat for the concept plan area is anticipated for submittal in June and will also be sent on referral to you. Case No.: WCP -11 -01 Weston Solutions/Wheat Ridge URA Request: The applicant is requesting concept plan approval for future development at the site. The concept plan is required per the zoning, Mixed Use - Commercial (MU- C), since this is a phased development. The concept plan calls for mixed use development at the site. The total future build -out could include up to 10,000 SF commercial on Lot 1, 97 housing units on Lot 2, and 50,000 SF commercial on Lot 3. All future development will require a Site Plan submittal prior to building permit. Please respond to this request in writing regarding your ability to serve the property or with related concerns pertaining to this application. Please specify any new infrastructure needed or improvements to existing infrastructure that will be required. Include any easements that will be essential to serve the property as a result of this development. Please detail the requirements for development in respect to your rules and regulations. If you need further clarification, contact the case manager. Case Manager: Sarah Showalter Voice: 303 - 235 -2849 Fax: 303 - 235 -2857 Email: sshowalter @ci.wheatridge.co.us Wheat Ridge Public Works Wheat Ridge Economic Development/Urban Renewal Authority Wheat Ridge Building Division Wheat Ridge Parks and Recreation Wheat Ridge Fire Department Wheat Ridge Water Wheat Ridge Sanitation Xcel Qwest City of - P Wheatlidge LAND USE CASE PROCESSING APPLICATION Community Development Department 7500 West 29 Avenue • Wheat Ridge, CO 80033 • Phone (303) 235 -2846 (Please print or type all information) Applicant W ¢g�ar�.Soly port? t ine Address 559 S. ­ Qe1Lct• 5k: 3L300i — Phone 3n3- }zq -(olo City J , wck State Co Zip ?(3u.� G Fax Owner tV, w\ e \CL Gle Address -•Sou W• 7_9i AJe_ Phone pJ -ZWC City State Cs) Zip g¢g33 Fax 2,,3- 23S-?9N Contact ,etc- t korart Address 112S 1Kell.l b1uel it3oo Phone ZGo•HHP City (I Sp"I State Cc+ Zip go92.o Fax - fl 4- sio (The person listed as contact J�III be contacted to answer questions regarding this application, provide additional information when necessary, post public hearing signs, will receive a copy of the staff report prior to Public Hearing, and shall be responsible for forwarding all verbal and written communication to applicant and owner.) Location of request (address) : C ordne.r (� y Al /t_ I Up eta m S+- Type of action requested (check one or more of the actions listed below which pertain to your request): Application submittal requirements on reverse side ❑ Change of zone or zone conditions ❑ Special Use Permit ❑ Subdivision: Minor (5 lots or less) ❑ Consolidation Plat ❑ Conditional Use Permit ❑ Subdivision: Major (More than 5 lots) ❑ Flood Plain Special Exception ❑ Site Plan approval ❑ Temporary Use, Building, Sign ❑ Lot Line Adjustment AConcept Plan approval ❑ Variance/Waiver (from Section ) ❑ Planned Building Group ❑ Right of Way Vacation ❑ Other: Detailed description Required information: Assessors Parcel Number: Current Zoning: Myl' Current Use: vo Ce. Size of Lot (acres or square footage): Proposed Zoning: Proposed Use: NA%ytoA �, rcx. Cor yn I certify that the information and exhibits herewith submitted are true and correct to the best of my knowledge and that in filing this application, I am acting with the knowledge and consent of those persons listed above, without whose consent the requested action cannot lawfully be accomplished. Applicants other than owners must submit rower- of- attornev from the owner which aDDroved of this action on his behalf. � R Signature of Applicant iF Subscribed an rn t$r�r�t�rrs � day of /� (�, 20 PUBLIC expires - _174-4 /[ To be filled out by staff: Date received Fee $ Receipt No. N r C Case No. O Comp Plan Desig. Zoning /em u - C- Quarter Section Ma FZ" - Related Case No. Pre -App Mtg. Date Case Manager �'� 4 i h- cry oe COMMUN,TY DEVEIAPMENI' Applicant: W2sitiyx.Sol..kic�ns Project Planner: Required information to be included with all Si ✓ 1. Completed, notarized land use application Project Location: co, , r Date: 9"JZ31Zoll Fee Paid: NIA- LAAA _�ro j cc_a- 1,�A2. Fee ,,/3. Proof of ownership (deed), _�,,/4. Power of Attorney (if an agent is acting for property owner) �/ 5. Signed submittal checklist _�,/ Concept Plan vo 24" x 36" paper copies — one 11x17 reduction will also be required) Title of document (centered at top of page) Vicinity map Scale and north arrow (scale not to exceed 1" =100') _�./4. Date of plan preparation and name /address of who prepared the plan ,t.�A 5. Location of 100 -year floodplain, if applicable w+ ;n -(looA ion {, Y in(o ?rcu ­ 4, e.J. 6. Adjoining property lot lines, buildings access, and parking �. Location of all existing: ,.A. Buildings on site A . Parking.an d loading areas C. Easements and rights -of -way (O Ca recn+l J aerHc ' p ot ✓D. Drainage ways, pond areas, ditches, irrigation canals, lakes and streams, if applicable VE. Streets, both adjacent and within the site, including names, widths, location of centerlines, acceleration/deceleration lanes , Curbs, gutters, sidewalks, and bike paths __�Z8. Proposed development concepts: -Z. Basic land use concepts by block _, B. Circulation concepts, including proposed streets, sidewalks, bike lanes, access locations, and general parking locations Phasing information, including how build -to requirements will be met in future phase if applicable �D. Proposed development parcels . Open space concepts (include proposed location if aggregating for more than one development site) v9. Signature block for Community Development Director approval City of Wheatlk COMMUNITY DMMPMEW Additional Information to Supplement the Concept Plan: - A. Statement of compliance with zoning (omt %Xzn' - {. be Okefra15-Fe4 -W W A-h 5� c __ 'Written description of overall development i tent (for amendments, include description of why amendment is being requested) Cuv Ll * ''Otv\ Colt( SM'"k -- v/ 3. .Explanation of phasing, if applicable yv��� oA on �onc e �� �ley� Covtf sNu{ Additional information which may be required: ><'1. Traffic study (2 copies) w,k\ `Pc. ?o Wkh S%A%MAtu\stQn S WOMI11•al , 4 )31 n >2. Drainage report (2 copies) t Y �. Soils report (2 copies) 4. Erosion Control Plan (2 copies) 5 ,Ca,? cs ��o� detf� n> CcgK<s+ect (Sign and return) As applicant for this project, I hereby ensure that all of the above requirements have been included with this submittal. I fully understand that if any one of the items listed on this checklist has been excluded, the documents will NOT be distributed for City review. In addition, I understand that in the event any revisions need to be made after the second (2 "d) full review, I will be subject to the applicable resubmittal fee. Signature: -� 2 (iv = Date: 5YZ3 /tot/ •1 , Name (please print): /y tr Inc 10'-� Mo. /t Phone: - :11 9- 7- 4o, Wfly Moore, Nicholas From: Steve Art [sart@ci.wheatridge.co.us] Sent: Thursday, May 19, 2011 11:53 AM To: Moore, Nicholas; Kenneth Johnstone Cc: Corey Hoffmann; Sarah Showalter Subject: RE: Land use application To whom it may concern, Please use this email as documentation providing authority for Weston Solutions to make application on behalf of the Urban Renewal Authority for the City of Wheat Ridge. RE: Subdivision for the 44` Avenue and Wadsworth Blvd. project. Steve Art Economic Development & Urban Renewal Manager Office Phone: 303 - 235 -2806 Cell: 720 - 454 -9040 Fax: 303 - 235 -2824 t I City of C, Ct WlzeatF�idge 1Y MANAGEtL'fr OFFICE From: Moore, Nicholas [mailto: Nicholas .Moore @WestonSolutions.com] Sent: Thursday, May 19, 2011 11:46 AM To: Steve Art Cc: Corey Hoffmann; Sarah Showalter Subject: FW: Land use application Steve, Please see below regarding the authority to submit the concept plan application. Can we have a letter provided with your signature stating that we will be making the application on behalf of the URA? In this case can we remove the owner's signature block from the concept plan cover sheet? Thanks, -Nick From: Sarah Showalter [ mailto: sshowalter @ci.wheatridge.co.us] Sent: Thursday, May 19, 201111:34 AM To: Moore, Nicholas Subject: RE: Land use application Fee — yes, I forgot that you are exempt from the fees, so ignore that. Deed- copies of the closing documents should be fine. As for power of attorney, Ken said that it should be fine to just get a letter (or even an email) from Steve Art saying that Weston has authority to make the application, and he could include a copy of your development agreement. Tuesday— let's plan on 3pm here. I'll let you know if anything changes. Thanks, Sarah Showalter, AICP, LEED AP Planner II Office Phone: 303 - 235 -2849 ` A ` City of Wheatl: .. COMMUNITY DWELOPMENT CONFIDENTIALITY NOTICE: This a -mail contains business-confidential information. It is intended only for the use of the individual or entity named above. If you are not the intended recipient, you are notified that any disclosure, copying, distribution, electronic storage or use of this communication is prohibited. If you received this communication in error, please notify us immediately by e-mail, attaching the original message, and delete the original message from your computer, and any network to which your computer is connected. Thank you. From: Moore, Nicholas [mailto: Nicholas .Moore @WestonSolutions.com] Sent: Thursday, May 19, 2011 11:16 AM To: Sarah Showalter Subject: RE: Land use application Sarah, I believe we were going to be exempt from the city fees associated with the redevelopment, this was discussed at the time our our pre - application meeting. Has this direction changed? I can plan to meet with you on Tuesday at 3:00. If anything changes please let me know, otherwise I will plan to meet at your office. This morning when I was looking for the ownership info I was provided with the closing documents from when the land was acquired, is this sufficient? I'm not sure how to address the power of attorney, if Steve Art has authority to sign as the Urban Renewal Manager will his signature be sufficient? Or do you need some documentation that states that Steve does have that authority? Thanks, From: Sarah Showalter [ mailto: sshowalter @ci.wheatridge.co.us] Sent: Thursday, May 19, 2011 10:59 AM To: Moore, Nicholas Subject: Land use application Hi Nick, Attached is the land use application form. As for copies of the concept plan submittal, please do ten full size and three 11 x17 reductions. A few other items: - Could you send me the total acreage for the concept plan area so that I can calculate the fee? I think it's around 8 acres but I'm not sure of the exact amount. - I meant to ask you on the phone if you want to and meet on Tuesday at 3pm with me, Tim, and Cory to talk about the Vance St alignment issue. Since Ken, Patrick, Steve, and John will all be at ICSC we won't have the 3pm meeting but it is free on Tim's calendar so we could meet on that issue if you think it would be helpful. - I checked and we do technically need a copy of the deed showing proof of ownership, in addition to the power of attorney. If you think it will be a problem to get this in time for the concept plan submittal let me know. Thanks, Sarah Showalter, AICP, LEED AP Planner II 7500 W. 29th Avenue Wheat Ridge, Colorado 80033 Office Phone: 303 - 235 -2849 Fax: 303 - 235 -2857 www.ci.wheatridge.co.us City of Wheat Commum ry DEYEwpMENT CONFIDENTIALITY NOTICE: This e-mail contains business- confidential information. It is intended only for the use of the individual or entity named above. If you are not the intended recipient, you are notified that any disclosure, copying, distribution, electronic storage or use of this communication is prohibited. If you received this communication in error, please notify us immediately by e-mail, attaching the original message, and delete the original message from your computer, and any network to which your computer is connected. Thank you. CONFIDENTIALITY: This email and attachments may contain information which is confidential and proprietary. Disclosure or use of any such confidential or proprietary information without the written permission of Weston Solutions, Inc. is strictly prohibited. If you received this email in error, please notify the sender by return e -mail and delete this email from your system. Thank you. ACKNOWLEDGEMENT OF AND AGREEMENT TO ASSIGNMENT THIS ACKNOWLEDGMENT OF AND AGREEMENT TO ASSIGNMENT (the "Agreement ") is made and entered into this 29th day of July 2009, by Silco Oil Company, Inc. ( "Silco "), a Colorado corporation with an address of 181 East 56` Avenue, Denver, CO, the Wheat Ridge Urban Renewal Authority ( "WRURA "), a body corporate and politic of the State of Colorado, with an address of 7500 W. 29th Avenue, Wheat Ridge, CO 80033, and Stancoll, LLC ( "Stancoll "), a Colorado limited liability company with an address of 1200 17` St. Ste. 3000, Denver, CO 80202 (each such entity may hereafter be referred to as a "Party" or collectively as the "Parties "). WITNESSETH WHEREAS, Stancoll and Silco are parties to a Testing and Remediation License Agreement executed in November of 2007 and Silco has executed an Indemnity in favor of Stancoll dated April 18, 1996 (collectively, the " Silco Agreements ") both of which documents are attached hereto as Exhibit A and which reference certain real property described in Exhibit B (the "Property"); WHEREAS, Stancoll and WRURA are negotiating a purchase of the Property by WRURA, which shall include an assignment of the Silco Agreements from Stancoll to WRURA; WHEREAS, the Parties desire to acknowledge that an assignment of the Silco Agreements from Stancoll to WRURA is permissible under the terms of the Silco Agreements, and that upon such an assignment (which shall occur if the Property is conveyed from Stancoll to WRURA) all rights granted to Stancoll under the Silco Agreements shall inure to WRURA. NOW, THEREFORE, the Parties hereto, for themselves, their successors and assigns, in and for the consideration of the performance of the mutual duties and responsibilities set forth herein, the receipt and adequacy of such non - monetary consideration being hereby acknowledged, do hereby covenant and agree as follows: 1. ACKNOWLEDGEMENT AND AGREEMENT A. Silco and Stancoll hereby represent and warrant that the Silco Agreements remain in full force and effect and to the knowledge of Stancoll and Silco there have been no breaches of the Silco Agreements by either Stancoll or Silco. B. The Parties acknowledge that the Purchase and Sale Agreement WRURA and Stancoll contemplate mutually executing contains the following provision: At closing, Seller shall assign to Buyer all rights and interest Seller has in the Indemnity Agreement executed April 18, 1996 between Silco Oil Co. and Stancoll, LLC and the Testing and Remediation License Agreement dated November 2007. (the "Assignment Provision "). 7/29/2009 AssignmentAcknowledgement.doc C. Silco and Stancoll acknowledge and agree that the Assignment Provision is a valid means to assign the Silco Agreements to WRURA, and provided the closing on the Property occurs pursuant to a Purchase and Sale Agreement containing the Assignment Provision, the Silco Agreements will be validly assigned to WRURA, and that all rights possessed by Stancoll under the Silco Agreements will be validly assigned to WRURA and Silco shall be bound to WRURA pursuant to the terms of the Silco Agreements. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date first set forth above. SILCO OIL COMPANY, INC. By: STATE OF COLORADO ) ss. COUNTY OF 04 The foregoin instrument was subscribed, sworn to � an , d acknowledged before me this day of U-( 2009, by J(ISf�,�( /�• 1��nl266 as PR ��nf -a ► 7 of Silco Oil Company, Inc.. My commission expires: ID-0-11 (SEAL) UM ACKERMAN NNdcly Public stow of CdWado STATE OF COLORADO ) ss. COUNTY OF � am�t/) ) STAP Lo The oregoing instrument was subscribed, sworn to and acknowledged before me this I8t4 day of „AU 2009, by Jack Fox as of Stancoll, LLC. 0 VALERIE L. TAPIA- RENFRO My commission expires: NOTARY PUBLIC ATE OF COLORADO (SEAL) my mmission Expires June 05, 2010 2 7/29/2009 AssignmentAcknowledgement.doc y� STAP Lo The oregoing instrument was subscribed, sworn to and acknowledged before me this I8t4 day of „AU 2009, by Jack Fox as of Stancoll, LLC. 0 VALERIE L. TAPIA- RENFRO My commission expires: NOTARY PUBLIC ATE OF COLORADO (SEAL) my mmission Expires June 05, 2010 2 7/29/2009 AssignmentAcknowledgement.doc WHEAT RIDGE URBAN RENEWAL AUTHORITY M APPROVED AS TO FORM: Corey Y. Hoffmann, Authority Attorney 7/29/2009 AssignmentAcknowledgement.doc EXHIBIT A [Attached Silco Agreements] TESTING AND REMEDIATION LICENSE AGREEMENT This Testing and Remediation License Agreement (the "Agreement") is made and entered into by and between Stancoll, L.L.C., a Colorado Limited Liability Company ("Licensor'), with an address of 1200 Seventeenth Street, Suite 3000, Denver `-Colorado, and Silco Oil Company, a Colorado corporation ("Licensee"), with an address of 131 East 50th, Avenue; Denver, Colorado. RECTTALS Licensor is the owner of the real property more particularly described in Exhibit A attached hereto and made a part hereof, together with all rights, privileges, and appurtenances thereto belonging to the property (the "Property') and has full right „paaaer- authority to enter into this Agreement. t A. Licensor and Licensed desireI6 er ter fnto this Agreement to grant Licensee the right to perform certain environmental testing, monitoring and remediation activities at the Property. AGREEMENTS For and in consideration of the mutual promises recited herein and other good and valuable consideration exchanged between the parties, the receipt and sufficiency of which are hereby acknowledged, Licensor and Licensee agree as follows: L Access for Conducting ]remediation Activities Licensor hereby grants to Licensee, its agents, employees, consultants and contractors (collectively refened to herein as "Licensee ") a revocable license and right, free of charge, to enter upon the Property for purposes of performing the required environmental remediation activities, Suchrlicense'sliall be granted until the sixtieth (60 day after the day on which Closure occurs, see paccgm*3 regardipg.Closure. Such right of access shall include the right to conduct such tests, take such groundwatcr.or soil samples, excavate, remove, dispose of and treat the soil and groundwater, and/or undertake such other actions as are required or necessary to accomplish the remedial activities. Licensee shall expeditiously remove from the Property as soon as reasonably practicable all drums containing drill cuttings, soil, debris or liquids generated by the Activities. Licensee shall immediately restore the surface and existing structures, if any, at the Property to a condition substantially similar to that in which they >p*,9*ahthe immediately prior to the action taken by Licensee and shall replace or repair damage to Licensoe's equipment and personal property on the Property caused by Licensee or its cosh iFtors ': +Ligehsee shall, to the extent practical, undertake the actions necessary to complete remediation of the contamination in a manner that will not unreasonably disrupt the operations of Licensor or its tenants on the Property. Licensor shall be given as much advance notice as possible of all potentially disruptive or intrusive activities to be taken at the Property; such notice may be in the form of a periodic schedule of activities. No advance notice shall be required for non - disruptive activities such as periodic monitoring of any wells at the Property. Licensor agrees to reasonably cooperate on the placement and the location of any new remediation equipment by Licensee. Licensor agrees that it will not hereafter install any paving or make improvements at the Property or take any other actions at the Property that would damage or materially impede access to Licensee's wells and monitoring equipment. Licensor shall cooperate with Licensee in determining the order in which the remediation operations for contamination at the Property are implemented, but the final determination shall be Licensee's. Page I 2. MLq& All work and activities conducted on the Property by Licensee shall be conducted in a good and workmanlike manner and Licensee shall carry general liability insurance in a commercially reasonable amount, naming the Licensor as an additional insured party. Additionally, Licensee represents and warrants that all parties conducting any work or operations on the property shall carry adequate workman's compensation insurance and Licensee shall indemnify and hold harmless Licensor against any and all actions or claims against Licensor that are a result of any activities or work performed by Licensee in conjunction with this Agreement. 3. Closure Licensee's obligations under this Agreement to remediate the contamination shall continue until the Lssuance of a "No Further- Action' notice by the Environmental Authority. 4. Contacts With Governmental Authorities To the extent required by applicable laws and regulations, Licensee shall report all contamination reflected in the Baseline Report to the relevant governmental authorities and provide appropriate notification thereof to property owners. To the extent required by applicable laws and regulations, Licensor shall report all new contamination to the governmental authorities and provide appropriate copies thereof to property owners. 5. State Reimbursement Funds Licensor acknowledges that Licensee shall be entitled to the benefit of any government reimbursement> funds that may be available with respect to the remediation of contamination. Licensor acknowledges that Licensee or its designee shall coordinate administrative efforts to recover such reimbursement, and Licensor will cooperate with Licensee or its designee, as applicable, in seeking such funds_ 6. Licensee's Indemnification Licensee shall DEFEND, INDEMNIFY and HOLD HARMLESS the Licensor or its designee from and against all Losses arising from or related to any contamination at the Property or the conduct of the Licensee. This indemnity will also apply to any claim by a third party or governmental authority that relates to the migration of contamination off the Property. To the fullest extent permitted by law, this indemnity is expressly intended to and shall inure to the benefit of the Licensor or its designee even if it is alleged or proved that the Licensor or its designee arc jointly and severally, concurrently or strictly liable for all or some of the contamination. The foregoing indemnity shall expire on the date on which this Agreement terminates unless any action was commenced prior to said expiration. 7. Ownership and Removal of:Reruediation Facilities Licensee shall retain title to all contaminated materials, facilities associated with ongoing environmental monitoring or remediation at the Property to the extent related to remediation of contamination. Following Closure, Licensee will plug and abandon any monitoring or other wells installed on the Property by Licensee, and shall remove Licensee's remediation equipment and facilities as expeditiously as possible, except that Licensee shall not be required to remove any underground lines, equipment or facilities which, in Licensee's reasonable determination, can safely be abandoned iin p(acemi dthaut interfering with the continued use and enjoyment of the Property in the manner in which it is t mibeing'used. page 2'. 8. Notice Any notice lieicundersliall;be "iii:writing and shall be deemed given when sent by overnight mail or d . 'if ed ',.. ' ` ' personally delivered epbs in the United States mail registered or certified, charges prepaid, and addressed to the party for whom intended at such party's address herein specified, or at such other address as such party may have substituted therefore by proper notice to the other. As to Licensor Stancoil, L.L.C. 1200 Seventeenth Street, Suite 3000 Denver, Colorado 80202 Attention: Jack Fox Facsimile: (303) 629 -6212 As to Licensee: Silco Oil Company 81 East 56th Avenue, Suite 600' Denver, Colorado 80216 Attention: Sue Vanderberg Facsimile: (303) 293 -8069 9. Headings The heading$ of:tlie,;paragtaphs and subparagraphs of this Agreement are for convenience only and do not in any way hmit . ampirfy or-otherwise affect the covenants and agreements contained in this Agreement. 10. Counterparts This Agreement may be executed in multiple counterparts, each of which shall be deemed an original and all of which together shall constitute but one and the same instrument. 11. Authod . Each person executing this instrument represents that he or she has been duly authorized to do so by all requisite action on the part of the party on whose behalf he or she is signing, and that in so doing, he or she shall bind such parry to ail of the terms, provisions, conditions and covenants hereof. 12. Amendments This Agreement may be amended or modified only by a written instrument executed by the parties hereto. 13. Successors This agreementstiall be binding on all heirs, successors or assigns to the Licensor and/or Licensee. 14. No Construction Against Drafter Each party acknowledges that it has had the opportunity to be represented by counsel of its choice in connection with the negotiation of this Agreement and that it has read and fully understands the import of this Agreement and, as such, each party hereby waives the application of any rule which would require that any ambiguities in this Agreement be construed against the partwlt y g fikfi ,lt or;ip favor of the party who did not draft it. 15. Savings Clause If one or.'more' provisions of this Agreement is held unenforceable, invalid, or illegal in any respect, such unenforceability, invalidity, or illegality will not affect any other provision of this Agreement, which will be construed as if such unenforceable, invalid, or illegal provision had never been a part hereof. Page 3 ?r; 16. Prevailing Party. In the event action is commenced by either. party to this.Agreement.to enforce any of the above terns, the losing party agrees to pay the prevailing party's legal. fees and expenses incurred whether said action is prosecuted to judgment or not. ' IN WITNESS WHEREOF, Licensor and Licensee have executed this instrument as of the _ day ofNovember, 2007. ;.. ,. LICENSOR STANCOLL, L.L.C., a Colorado Limited Liability Company $y: Name: Title: LICENSEE SILCO OIL COMPANY, a Colorado corporation Sue V erberg, President (�� A "4i Page 4 EXTI'IBIT A PROPERTY DESCRIPTION Schedule 109809; Parcel M 39- 234- 00 -006; County of Jefferson, City of Wheat Ridge, State of Colorado, more commonly referred to as 7300 West 4 , e Avenue, Wheat Ridge, Colorado. LIST OF ALL STUDIES, TESTS AND REPORTS ESTABLISHING THE BASELINE LEVEL OF CONTAMINATION AT THE PREMISES Higgins and Associates, L.L.C., First Quarter 2007 Groundwater Monitoring Report, June 13, 2007. 2. Higgins and Associates, L.L_C., Corrective Action Plan Modification, September 28, 2006. t INDEMNITY INDEMNITY FORTHE REAL PROPERTY ( "REAL PROPERTY') KNOWN AS 7300 W. 44TH A VE, WHEATRIDGE, COLORADO, MORE PARTICULARLY DESCRIBED AS: THE WEST 100 FEET OF THE EAST 125 FEET OF THE SOUTH 100 FEET OF THE NORTH 130 FEET OFTHE WEST 1/2 OF THE NE 114OFTHE NW 1/4 OF THESE 1/4 OF SECTION 23, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH P.M., COUNTY OFJEFFERSON, STATE. OFCOLORADO Silty Oil Co hereby agrees to indemnify and hold harmless Stancoll LLC and its respective members, partners, managers, employees and agents from and against any and all claims, damages, and liabilities arising in connection with the presence, use, storage, disposal, or transport of any HazardousMaterials on,under, from,oraboutthe Real Property ,including,Mftutlimitation, (1) all foreseeable and all unforeseeable consequential damages directly or indirectly arising out of the use, generation, storage, or disposal of Hazardous Materials, and (2) all costs of any required or necessary repair, cleanup, or detoxification, and the preparation of any closure or other required plans whether such action isrequiredornecessary prior to or following transfer of title to the Real Property to the full extent that such actions are attributable directly or indirectly to the presence or use, generation or storage, release or threatened release, or disposal of Hazardous Materials by any person on the Real Property. Hazardous Materials shall include, without limitation, the presence of petroleum products, polychlorinated biphenyls, and Hazardous Materials as defined by the Resource Conservation and RecoveryAct ,theComprehensiveEnvimmnental Response CompensationandLiabilityAct theToxic Substances ControlAct,theaean Wat erDrinkingAct, theHazardousMateria lTransportationAct,and any other similar local, state, or federal laws, rules, ordinances, or regulations. This agreement shall inure to the benefit of and be binding upon the heirs, personal representatives, successors and assigns of the parties. L it t •L, � • �,T �. \t•x '1 Silco Oil CO. Title The foregoing instrument was acknowledged bet ore moon this day of i T I r by �tX -r', 1 51 1Cu'� My Commission Expires "` • ' k 9_ Wi[nes my hand and official seal. Notary Public / The foregoing instrument was acknowledged before me op this day of l l. T ng ! l r My Commission Expires +� 19 Witness my hand and official seal. IA bid; ,'..,;;. Notary Public e1J:; :7 , `AVOW Exhibit B Description of the Property The west 100 ft of the east 125 feet of the south 100 feet of the north 130 feet of the west 1/2 of the NE 1/4 or the NW 1/4 of the SE 1/4 of Section 23, Township 3 South, Range 69 West of the 6th PM, county of Jefferson, state of Colorado with Parcel ID No. 39- 234 -00 -006 and with a street address of 7300 West 44 Avenue, Wheat Ridge, Jefferson County, Colorado, 80033. Special Warranty Deed (Pursuant to 38 -30 -115 C.R.S.) State Documentary Fee Date: $ 39.00 THIS DEED, made on AUGUST 20, 2009 by STANCOLL, LLC, A COLORADO LIMITED LIABILITY COMPANY Grantor(s), of the County of DENVER and State of COLORADO for the consideration of ($390,000.00) * ** Three Hundred Ninety Thousand and 00 /100 * ** dollars in hand paid, hereby sells and conveys to THE WHEAT RIDGE URBAN RENEWAL AUTHORITY Grantee(s), whose meet address is 7500 W 29TH AVENUE WHEAT RIDGE, CO 80033, County of V` � and State of COLORADO, the following real property in the County of Jefferson, and State of Colorado, to wit: THE WEST 100 FEET OF THE EAST 125 FEET OF THE SOUTH 100 FEET OF THE NORTH 130 FEET OF THE WEST 1/2 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF THE SOUTHEAST 14 OF SECTION 23, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH P. M., COUNTY OF JEFFERSON, STATE OF COLORADO. also known by street and number as: 7300 WEST 44TH AVENUE WHEAT RIDGE CO 80033 with all its appurtenances and warrants the title against all persons claiming under the Grantor(s), subject to all taxes and assessments for the year 2009 and the matters stated in Exhibit A attached hereto. PROPERTY IS BEING ACQUIRED UNDER THE THREAT OF EMINENT DOMAIN , ANY State of COLORADO ) ss. County of DENVER ) The foregoing insvAffevt was acknowledged before me on this day of V F 17 by JACK F. F AS AGER OF STANCOLL, LLC, A COLORA O L VALERIE L.TAPIA- RENFRO NOTARY PUBLIC Notary Put is STATE OF COLORADO . My comnu on pines //nn �v My Commission Expires June 05. 2010 When Recorded Return to: TRH WHEAT RIDGE URBAN RENEWAL AUTHORITY 7500 W 29TH AVENUE WHEAT RIDGE, CO 80033 Form 13772 09/2008 swd.open.odt Special Warranty Deed (Photographic) ABC70251975 {84223501 Larid Tide EXHIBIT A Property Address: 7300 WEST 44TH AVENUE WHEAT RIDGE CO 80033 EASEMENT GRANTED TO PUBLIC SERVICE COMPANY OF COLORADO, FOR UTILITIES, AND INCIDENTAL PURPOSES, BY INSTRUMENT RECORDED August 20,1987, UNDER RECEPTION NO. 87107245. ANY TAX, LIEN, FEE, OR ASSESSMENT THAT MAY ARISE BY REASON OF THE EVENTUAL INCLUSION OF SUBJECT PROPERTY IN THE PROPOSED WADSWORTH BOULEVARD CORRIDOR REDEVELOPMENT PLAN, AS EVIDENCED BY INSTRUMENT RECORDED JULY 19, 2001, UNDER RECEPTION NO. E1279302. E.'... ..'SI f r. Form 13100 08/2008 b2exhibit.escrow.odt ABC70251975 {8462800} REAL PROPERTY TRANSFER DECLARATION - (TD -1000) GENERAL INFORMATION Purpose: The Real Property Transfer Declaration provides essential information to the county assessor to help ensure fair and uniform assessments for all property for property tax purposes. Refer to 39- 14- 102(4), Colorado Revised Statutes (C.R.S.). Requirements: All conveyance documents (deeds) subject to the documentary fee submitted to the county clerk and recorder for recordation must be accompanied by a Real Property Transfer Declaration. This declaration must be completed and signed by the grantor (seller) or grantee (buyer). Refer to 39- 14- 102(1)(a), C.R.S. Penalty for Noncompliance: Whenever a Real Property Transfer Declaration does not accompany the deed, the clerk and recorder notifies the county assessor who will send a notice to the buyer requesting that the declaration be returned within thirty days after the notice is mailed. If the completed Real Property Transfer Declaration is not returned to the county assessor within the 30 days of notice, the assessor may impose a penalty of $25.00 or .025% (.00025) of the sales price, whichever is greater. This penalty may be imposed for any subsequent yeaz that the buyer fails to submit the declaration until the property is sold. Refer to 39- 14- 102(1)(b), C.R.S. Confidentiality: The assessor is required to make the Real Property Transfer Declaration available for inspection to the buyer. However, it is only available to the seller if the seller filed the declaration. Information derived from the Real Property Transfer Declaration is available to any taxpayer or any agent of such taxpayer subject to confidentiality requirements as provided by law. 39 -5- 121.5, C.R.S. and 39- 13- 102(5)(c), C.R.S. 1. Address and/or legal description of the real property sold: Please do not use P.O. Box numbers 7300 WEST 44THAVENUE WHEAT RIDGE CO 80033 2. a of Property purchased: ❑ Singe Family Residential ❑ Townhome Condominium ❑ Multi-Unit Res Commercial E] Industrial L _] Agricultural F Mixed Use "Vacant Land ❑Other 3. Date of Closing: Date of Contract if different than date of closing: 4. Total sale price: Including all real and personal property. $390,000.00 5, Was any personal property included in the transaction? Personal property would include, but not limited to, carpeting, draperies, free standing appliances, equipment, inventory, furniture. If the personal property is not listed, the entire purchase price will be assumed to be for the real property as per 39 -13 -102, CRS. ❑ Yes ❑ No If yes, approximate value $ ` '.` rd ' Describe: 6. Did the total sales price include a trade or exchange:of a4, 9i 1 a personal property? If yes, give the approximate value of the Dods or services as of the date of closing. Yes ❑X No If yes, value $ If yes, does this transaction involve a trade under IRS Code Section 1031? ❑Yes ❑X No 7. Was 100% interest in the real property purchased? Mark "no" if only a partial interest is being purchased. ❑X Yes ❑ No If no, interest purchased: 8. Is this a transaction among related parties? Indicate whethartlfe b"[iyeVorseller are related. Related parties include persons within the same famil business affiliates, or affiliated corporations. ❑Yes MX No 9. Check any of the following that ply to the condition of the mprovements at the time of purchase: F] New F Excellent Good ❑ Average ❑ Fair ❑ Poor ❑ Salvage If the property is financed, please complete the following: 10. Total amount financed: $ 11. T e of financing: (Check all that apply) [New ❑Assumed E] Seller ❑Third Party ❑Combination; Explain Form 13199 06/2008 rpt.odt ABC1102� 97§� i ?�;41ti 184223511 pg 1 of 2 12. Terms: e Variable; Starring interest rate % Fixed; Interest rate % Length of time ears Balloon Payment Yes Lj No If yes, aglount Due Date 13. Please explain any special terms, seller concessions or fttlagang and any other information that would help the assessor understand the terms of sale. For properties other than residential (Residential is defined as: single family detached, townhomes, apartments, and condominiums) please complete questions 14 -16 if applicable. Otherwise, skip to #17 to complete. 14. Did the purchase price include a franchise or license fee? ❑ Yes If yes, franchise or license fee value? 15. Did the purchase price involve an installment land contract? ❑ Yes ❑X No If yes, date of contract: 16. If this was a vacant land sale, was an on -site inspection of the property conducted by the buyer prior to the closing? ❑ Yes ❑ No Remarks: Please include any additional informatiowcorScerti rig tHesale ydn may feel is important. 17. Signed on this day of Have at least one of the parties to the transaction sign the document, and include an address and a daytime phone number. Signature of Grantee (Buyer) ❑X or Grantor (Seller) ❑ THE WHEAT RIDGE URBAN RENEWAL AUTHORITY I -•1. 71 t ;i`t TITLE: 18. All future correspondence (tax bills, property valuations, etc.) regarding this property should be mailed to: THE WHEAT RIDGE URBAN RENEWALAUTHORITY 9 ie ; ,< 7500 W 29THAVENUE WHEAT RIDGE, CO 80033 ❑X No Form 13199 06/2008 rpt.odt ABC70251975 18422351) pg 2 of 2 Affidavit (Entity - Transferor) • t t � • u . :_ : 11rf � : rr Section 1445 of the Internal Revenue Code provides that a transferee (buyer) of a U. S. real property interest must withhold tax if the transferor (seller) is a foreign person. To inform the transferee (buyer) that withholding of tax is not required upon the disposition of a U.S. real property interest STANCOLL, LLC, A COLORADO LE TT'F LL4BII= COMPANY 1. The transferor is not a foreign corporation, foreign partnership, foreign bust, or foreign estate (as those terms are defined in the Internal Revenue Code and Income Tax Regulations); 2. The transferor is not a disregarded entity as defined in 1.1445- 2(b)(2)(iii); 3. The transferor's U.S. employer identification number is: 4. The transferor's office address is: SUITE 3000 DENVER, CO 80202 The transfemr understands that this certification may be disclosed to the Internal Revenue Service by transferee and that any false statement contained therein could be punished by fine, imprisonment, or both. All information required to be obtained in connection with document has been obtained by Land Title Guarantee Company. For privacy and security reasons, Land Title will retain this information. In the event you are contacted by the Internal Revenue Service concerning the Foreign Investors Real Property Tax Act or FIRPTA, please contact Land Title immediately for a copy of this Affidavit which discloses the Sellers' Tax Identification Numbers. DATE: - �- State of COLORADO ) County of DENVER Sworn to before me on this day of _ g by JACK F. FOX AS MANAGER OF STANCOLL, LLC, A COLORADO LIMITEIjLIABILITS. CO ANY VALERIE L. TAPIA- RENFRO Notary Pub is NOTARY PUBLIC My Commi 'o s: STATE OF COLORADO My Commission Expires June 05. 2010 Form 13236 08/2008 firpta.ent.doc ABC70251975 {8422357} COMMERCIAL CLOSING` INSTRUCTIONS TO: Land Title Guarantee Company RE: 7300 WEST 44TH AVENUE WHEAT RIl)GECO80033 1. The Seller(s) and Buyer(s) listed below employ Land Title Guarantee Company (hereinafter referred to as Closing Agent) to act as closing and settlement agent in connection with the real property identified in title commitment No. ABC70251975. w. Closing Agent is authorized to prepare, obtain, deliver and record all documents (including if applicable the Warranty Deed), excluding preparation of legal documents, necessary to carry out the terms and conditions of the Contract by and between the undersigned with amendments and counter proposals attached. Closing Agent is authorized to act as Loan Closing Agent and, if required, as custodian for any lender selected under the terms of the contract. 3. Closing Agent is authorized to receive funds; and to disburse funds under the following conditions: a) All funds received are either available for immediate withdrawal as a matter of right from the financial institution in which funds have been deposited; or are available for immediate withdrawal as a consequence of an agreement of a financial institution in which the funds are to be deposited or a financial institution upon which the funds are to be drawn. 4. Seller(s) and Buyer(s) will furnish any additional information and documents required by Closing Agent which will be necessary to complete this transaction, and to comply with the provision of the Contract. 5. Closing Agent will prepare and deliver an accurate and detailed Closing Statement to Seller(s) and Buyer(s) at time of closing. 6. Nothing contained herein shall be construed to alter or supersede the Contract. 7. Should a default occur by either Seller(s) and Buyer(s), Closing Agent is authorized to return all documents, monies, and things of value to the depositing party and Closing Agent will be relieved from any further duty, responsibility or liability in connection with these instructions. 3. In the event of any conflicting demands made on the 'ClosingAge t concerning these instructions, in the sole judgment of the Closing Agent, and at the election of the Closing Agent, Closing Agent may hold any monies, documents, and things of value until Closing Agent received mutual written instructions from Seller(s) and Buyer(s) or until a civil action shall have been finally concluded in a court of competent jurisdiction, determining the rights of all parties. In the alternative, Closing Agent may, at its discretion, at any time, commence a civil action to interplead any conflicting demands to a court of competent jurisdiction. Deposit with the court by the Closing Agent of all monies, documents, and other things of value conceming this transaction, shall relieve Closing Agent of all further liability and responsibility. g g Y �.,.,... S. These closing instructions maybe amended or terminated by writteginstructions from the Seller(s) and Buyer(s) to the Closing Agent. APPROVED AND ACCEPTED: THE WHEAT RIDGE URBAN RENEWALAUTHORrrY STANCOLL, LL�OJ.ORADO L @drrlSflTYAt3I61TV COMPANY JACK TME: w.:C "i' APPROVED AND ACCEPTED: Land Title Guarantee Company By Form 13959 08/2008 clos.inst.commercial.odt ABC70251975 184223601 LAND TITLE GUARANTEE COMPANY 3033 E 1ST AVE #600 PO BOX 5440 DENVER, CO 80206 Land Title Phone: 303-321-1880 GUARANTEE COMPANY Fax: 303-331-6374 STATEMENT OF SETTLEMENT "PURCHASERS" PROPERTYADDRESS: 7300 WEST 44THAVENUE WHEAT RIDGE CO 80033 SELLER(S): STANCOLL, LLC, A COLORADO LIMITED LIABILITY COMPANY BUYER(S): THE WHEAT RIDGE URBAN RENEWALAUTHORITY SETTLEMENT DATE: DATE OF PRORATION: August 20, 2009 ITEM DESCRIPTION Debit Credit Sales "Price' 390 0 00 . 00 .................... - ... .... I ..... I ...... ................... ...... ...... ... ....... 25.0 .. ... . . ...... ... ... ... -.- ........ ....... . ............. ... ...... . ... ....... . ..... ............. ... . . . ........... - .... ...... -- ............. I.I.- ...- .. I.. Totals ..... ........ q�qamq .................... .. ............ ;mx�mp ........................................................................ ................................................................... ....................................... ---------- The above figures do not include sales or use taxes on property APPROVED AND ACCEPTED PURCHASER(S): - PAL ESTATE BROKER: THE WHEAT RIDGE URBAN RFNEWALAUTHORITY Form 13347 LAND TITLE CLOSING AGENT: LEIGH RENFRO 06/2008 ltgl.dt ABC70251975 184159691 -";� .. . .. ......... ..................... .. .. . . .................. ... ... .... ...... ... .. .. .... ... ........... . .. . .. ..... ..... ......... ....... ........ 0 ... 0 .... .... ..... ..... ... ... .... ..... --- .... . ..... ...... -- ...... 1.1-1 .... I., .. . .. ........... ... ..... ... -.- .... ...... .. ........... ............. - ........ .... ..... I ....... q me .... - . . 11.1.1-1-11 ........... 1,2.45 DueFrom BuyerBotmwer .. .......... . ....... .. .......... .... .... ..... .... ... . . .. . .. ... .. ... ........... ... ........ ...... I ............. ........ -- ............... 389 216 55 Agreement for Taxes It is hereby understood and agreed between the Buyer(s) and Seller(s) of the property known as: 7300 WEST 44TH AVENUE WHEAT RIDGE CO 80033 Tax Schedule Number: 109809 Current Year Taxes have been adjusted as of the date of closing based on Previous Years Taxes Previous Year Tax Amount: $2,405.62 Other: This adjustment shall be: X A final settlement. Re- adjusted between the Buyer(s) and Sellers) as soon as'the taxes have been billed by the County Treasurer. If a re- adjustment is necessary, Land Title Guarantee Company will not make or be responsible for this re- adjustment. It is further understood and agreed between the Buyer(s) and Seller(s) that: X No governmental body taxing authority has certified an assessment lien to the County Treasurer for special improvements installed prior to the date of the Buyer's execution of the Agreement for Purchase. Pirtaaxttrlot' ?� _ Special improvements now in and being paid in armali instailmonts are to be assumed by the Buyer(s), with current annual assessments in the amount of , with the total payoff amount of this assessment being This assessment will be fully paid on Note: Land Title Guarantee Company and/or its underwriter assumes no responsibility or any liability for the adjustment of special taxes or assessments unless they are shown on the County Treasurer's Certificate of Taxes Due. Any adjustment shall be made between the Buyer(s) and Seller(s), if necessary, and Land Title Guarantee Company, or its underwriter will not make or be responsible for the re- adjustment or liability in connection therewith. This Agreement made and executed this day of Buyer: THE WHEAT RIDGE URBAN RENEWALAUT [IOEr1Y Seller Form 13277 08/2008 tax.agreement.odt ABC70251975 {8422356) UTILITY AGREEMENT At the closing of 7300 WEST 44TH AVENUE WHEAT RIDGE CO 80033 (Property Address) IT IS THE SELLER(S) RESPONSIBILITY to call the gas and/or electric company for a final reading and to give them a forwarding address for the final bill. It is also the Seller(s) responsibility to notify the telephone company, cable company, trash company and present insurance agent. IT IS THE BUYER(S) RESPONSIBILITY to call the gas and/or electric company, giving them the personal information they may require for their records, the telephone company, the trash company and the cable company to put service into your name(s) with the correct mailing address, if different than the property just purchased. X $500.00 Is being escrowed from the Seller(s) for the final water bill from Wheat Ridge Water account #22002306 and $100.00 for the final sanitation bill from Wheat Ridge Sanitation account #5045. • SELLER TO ORDER ANY OTHER APPLICABLE FINALS AND GUARANTEES PAYMENT OF SAME. • Seller(s) and Buyer(s) acknowledge that there is not currently a formal or informal landowners /tenant association which may require periodic assessments and/or other fees as a result of this transaction. Furthermore, Land Tide Guarantee Company makes no representations or guarantee as to the status of said account(s). The Seller(s) and Buyer(s) herein agree to hold Land Tide Guarantee Company or its underwriter harmless for any penalties for non - payment. This Agreement was made and executed this day of Seller: Buyer: THE WHEAT RIDGE URBAN RENEWAL AUTHORITY eSUi13 . �,. L•,.i: ;.ltiss for a: Form 13485 08/2008 conun.utility.odt ABC70251975 {8422355} SELLER -OWNER FINAL AFFIDAVIT AND AGREEMENT Commitment No. ABC70251975 RE: Real property and improvements located at: 7300 WEST 44TH AVENUE WHEAT RIDGE CO 80033 in the County of JEFFERSON State of Colorado, more particularly described in the Commitment (the "Property") THE WEST 100 FEET OF THE EAST 125 FEET OF THE SOUTH 100 FEET OF THE NORTH 130 FEET OF THE WEST 1/2 OF THE NORTHEAST 1/4 OF THE NORTHWEST 114 OF THE 'SOUTHEASTl /4 OP SECTION 23, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH P. M., COUNTY OF JEFFERSON, STATE OF COLORADO. The Undersigned, Owner - Seller of the Real Estate and improvements located on the herein described Property, being first duly sworn on oath, for the purpose of inducing Land Title Guarantee Company to issue its ALTA Policy of Title Insurance, in connection with the Property described in said commitment, do hereby make the following representations to Land Title Guarantee Company, with full knowledge and intent that said company shall rely thereon: 1. That those certain persons, firms and corporations, includingthe,General Contractors, and all subcontractors hired by or under contract with the undersigned who have furnished services, labor or materials, according to plans and specifications or otherwise, used in connection with the construction of improvements on the real estate herein described, have been paid in full. 2. That no claims have been made to the undersigned, nor to the knowledge of the undersigned is any suit now pending relating to the Property on behalf of any contractor, subcontractor, laborer or materialman, nor any other suit of any kind relating to the property, and that to the knowledge of the undersigned no chattel mortgage, conditional bills of sale, security agreements or financing statements relating to the Property have been made. Further, the undersigned has no knowledge of any liens or encumbrances, not reflected on the commitment, recorded or unrecorded affecting the subject property. 3. That there has been no architectural service or other work of any kind, contracted for or otherwise ordered by the undersigned within the last 120 days, paid or unpaid, which could establish a priority for any future mechanics' lien claimant. If services or other work has been contracted for within the preceding 120 days, the undersigned is required to attach a description of same with the corresponding payment information. 4. That all improvements constructed on the real estate herein described were completed on or before the date of closing. 5. That all fees, assessments and charges of the homeowners association having jurisdiction over the above described property, if applicable, are current at this time. alnere are no existing leases or tenancies affecting,said puaper " l Lin undersign hereby certifies that the Rent and correct. In light of the foregoing facts, the undersigned, in consideration of &'issuance by Land Title Guarantee Company of a policy of Title Insurance covering said property in the manner described by the undersigned as set out above, hereby promise, covenant, and agree to hold harmless, protect and indemnify Land Title Guarantee Company, and any title insurance company that has issued an ALTA Policy of insurance pursuant to the commitment described above, from and against those liabilities, losses, damage expenses and charges, including but not limited to reasonable attorneys' fees (including attorney's fees in the enforcement of this agreement) and expenses of Litigation arising out of any inaccuracies in the above representations. Owner(S) Forwarding Address: • � `` 'WSTA LLC, OLORI� COMPANY 12001TFH STREET, SUITE 3000 DENVER, CO 80202 Form 13588 07/2008 comm.sa.odt ABC70251975 484223531 State of Colorado A 1 A )ss. County of The foregoing final affidavit and agreement was subscribed and affirmed before me on this day of g�119A 9 by JACK F. FOX AS A F STANCOLL, LLC,A COLORADO LIMITED LiABrLiTy compmqy rVALERIIEC -- TF)ZPt A Nota ry ubl5,,- ! NOTARY 0 C04: ion Aire sion� My 1) s T 0 STA M c Fxplres :' Form 13588 07/2008 conm.sa,odt ABC70251975 {8422353) PURCHASER FINAL AFFIDAVIT AND AGREEMENT Commitment No. ABC70251975 RE: Real property and improvements located at: 7300 WEST 44TH AVENUE WHEAT RIDGE CO 80033 in the County of JEFFERSON State of Colorado, more particularly described as follows: THE WEST 100 FEET OF THE EAST 125 FEET OF THE SOUTH 100 FEET OF THE NORTH 130 FEET OF THE WEST 1/2 OF THE NORTHEAST 1/4 OF THE NORTHWEST 114 OF THE SOUTHEAST 1/4 OF SECTION 23, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH P. M., COUNTY OF JEFFERSON, STATE OF COLORADO. Whereas, Land Title Guarantee Company has issued its Commitment No. ABC70251975 covering said Property, the Undersigned, Purchaser of the Real Estate and improvements located on the herein described Property, being first duly sworn on oath, for the purpose of inducing Land Title Guarantee Company to issue its ALTA Policy of Title Insurance, in connection with the Property described in said commitment, do hereby make the following representations WtandTitle'Guarantee Company, with full knowledge and intent that said company shall rely thereon: W 1. That those certain persons, firms and corporations, including the General Contractors, and all subcontractors hired by or under contract with the undersigned who have furnished services, labor or materials, according to plans and specifications or otherwise, used in connection with the construction of improvements on the real estate herein described, have been paid in full. 2. That no claims have been made to the undersigned, nor is any suit now pending on behalf of any contractor, subcontractor, laborer or materialman, nor any other suit of any kind, and that no chattel mortgages, conditional bills of sale, security agreements or financing statements have been made. Further, the undersigned has no knowledge of any liens or encumbrances, not reflected on the commitment, recorded or unrecorded affecting the subject property. 3. That there has been no architectural service or other work of any kind, contracted for or otherwise ordered by the undersigned within the last 120 days, paid or unpaid, which could establish a priority for any future mechanics' lien claimant. If services or other work has been contracted for within the preceding 120 days, the undersigned is required to attach a description of same with the corresponding payment information. 4. That the purchaser(s) have or will take possession of the premises on or about the date of closing 5. That the full purchase price has been paid by said purchaser(s) to said Owner- Seller. In light of the foregoing facts, the Undersigned, in consideration of the issuance by Land Title Guarantee Company of a policy of Title Insurance covering said property in the manner described by the undersigned as set out above, hereby promise, covenant and agree to hold harmless, protect and indemnify Land Title Guarantee Company, and any title insurance company that has issued an ALTA Policy of insurance pursuant to the commitment described above, from and against those liabilities, losses, damage expenses and charges, including but not limited to reasonable attorneys' fees (including attorney's fees in the enforcement of this agreement) and expenses of litigation arising out of any inaccuracies in the above representations. Owner(s) Forwarding Address: Y `!THE WHEAT RIDGE URBAN RENEWALAUIHORITY 7500 W 29THAVENUE WHEAT RIDGE, CO 80033 NAME: Form 13488 07/2008 comm.pa.odt ABC70251975 '':;184223541 :r =i' ":"c,. State of Colorado )ss. County of The foregoing final affidavit and agreement was subscribed and affirmed before me on this day of by AS OF THE WHEAT RIDGE URBAN RENEWALAUTHORITY Notary Public My commission expires AS Form 13488 0712008 conim,pa.odt ABC70251975 184223541 DISCLOSURE The undersigned hereby acknowledge that they understand and agree to the following provisions: 1. Laws Relating to Unclaimed Funds. All parties are hereby advised that checks issued by Land Tide and not cashed by payee are subject to laws of escheat and/or unclaimed property laws. Should Land Title transfer such funds to a state office, Land Title shall be released from all further responsibility under this agreement and shall not be liable to any Party so long as such payment was made pursuant to applicable law. 2. Funds Held by Land Title. Land Title shall keep all funds deposited pursuant to any closing and settlement services separate and apart from the assets of the company, in an account designated as an escrow account or custodial account and so recognized by the depository institution. The undersigned hereby acknowledge that funds held by Land Title may generate earnings and understand and agree that such earnings will be retained by Land Title. 3. FDIC Limit Notice. The insurance coverage provided by the Federal Deposit Insurance Corporation protects a depositor up to cumulative maximum deposit of $250,000.00 for each insured financial institution. Ownership is determined by the deposit records of the financial institution and/or the records of the named custodian of any escrow accounts. Land Title and its underwriter assume no responsibility for nor will the undersigned hold same liable for any loss which arises from the fact that the amount of the above deposit may cause the aggregate amount of any individual depositor's accounts to exceed $250,000.00. Date: THE WHEAT RIDGE URBAN RENEWAL AUTHORITY ;1u1 j;NAME: Form 13368 08/2008 disclosure.odt ABC70251975 - { 8422352} HAYES, PHILLIPS, HOFFMANN & CARBERRY, P.C. 1350 Seventeenth Street, Suite 450 Denver, Colorado 80202-1576 telephone: (303) 825 -6444 Facsimile: (303) 825 -1269 John E. Hayes Corey Y. Hoffmann Kendra L. Carberry Jefferson H. Parker Fairplay Office 675 Main Street P.O. Box 1046 Fairplay, CO 80440 Telephone: (719) 836 -9005 Facsimile: (719) 836 -9010 Hilary M. Graham Gregory D. Graham Charissa A. Eckhout Of Counsel Herbert C. Phillips April 16, 2008 Attn: Jodie King LandAmerica 710 Kipling St., Suite 403 Lakewood, Colorado 80215 Re. Wheat Ridge Urban Renewal Authority — Closing Documents and Related Material Dear Jodie: Enclosed, please find all the documents necessary to close on the purchase and sale of the Karl and Vohoska properties in the City of Wheat Ridge. I have enclosed the following documents: Karl Closin Closing documents Closing instructions Purchaser's Settlement Statement Seller's Settlement Statement Real Estate Tax Agreement Real Estate Water and Sewer Agreement Real Property Transfer Declaration Final Affidavit and Agreement Warranty Deed Quit Claim Deed 4116108 Q: ItI SERSIKRUR, lVKARLVOHOSKRCLOSINGILANDAMERICA COVERLETTER- LOI.DOC April 16, 2008 Page 2 Rate Classification Disclosure Payoff Letter Payoff Instructions Payoff Indemnification Agreement Seller's Certification of Non - Foreign Status DR 1083 Substitute Form 1099 S Purchase and Sale Agreement Agreement dated March 17, 2008 First Addendum Second Addendum Other Escrow Wiring Instructions Affidavit of Milloie E. Karl (pertaining to month -to -month leases) Vohoska Closine Closing documents Closing instructions Purchaser's Settlement Statement Seller's Settlement Statement Real Estate Tax Agreement Real Estate Water and Sewer Agreement Final Affidavit and Agreement Warranty Deed Rate Classification Disclosure DR 1083 Seller's Certification of Non - Foreign Status ( Majorie Vohoska) Seller's Certification of Non - Foreign Status (Vernon Vohoska) Substitute Form 1099 S Escrow Instructions (and Exhibit A and Schedule A and B, and Schedule B Attachmnent) Purchase and Sale Agreement Agreement dated December 17, 2007 Other Affidavit of Majorie Vohoska (pertaining to leases) Affidavit of Vernon Vohoska (pertaining to leases) I believe these are all the documents necessary to complete the closing tomorrow, April 17, 2008. If you have any questions or concerns, please do not hesitate to contact me at my 4/!6/08 Q: 4usERSIWRURAIKARLYOHOSKQCLOSI NCILAN OAMERICA_COVERLEMER_LOLDOC April 16, 2008 Page 3 office, or if I am out of the office, on my mobile phone at 303 - 905 -2393. Thank you very much for your assistance with this matter. I truly appreciate your hard work in pulling all the documents together. Very truly yours, JeffEIH arker ihhparker(c hnhclaw.com Encl. Closing documents for Karl and Vohoska properties CC. Milloie E. Karl Vernon and Marjorie Vohoska Patrick Goff, WRURA Executive Director 4/!6!08 Q. 4USERSIWRURAVCARLVOHOSy4CLOS INGILANDAMERJCA_COVERLE7TER LOLDOC CLOSING INSTRUCTIONS THIS IS A LEGAL INSTRUMENT. IF NOT UNDERSTOOD, LEGAL, TAX OR OTHER COUNSEL SHOULD BE CONSULTED BEFORE SIGNING. TO: Transnation Title Insurance Company RE: 7540 W 44th Ave DATE: April 17, 2008 Wheat Ridge, CO 80033 1. PARTIES, PROPERTY. Vernon D. Vohoska and Marjorie I. Vohoska (Seller) and Wheat Ridge Urban Renewal Authority (Buyer) engage Transnation Title Insurance Company (Closing Agent) who agrees to provide closing and settlement services in connection with the closing of the following described real estate in the County of Jefferson, Colorado, to wit: LOT 3 EX S82 M/L KEY A TOTAL 3.766 AM /L / 164,047 SF EX N87.57 OF LOT 3 CON .562 AM /L PER F0460101 TOTAL 3.204 AM /L 1139,582 SF LOT 3 EX S82 M/L KEY Also known as: 7540 W 44th Ave, Wheat Ridge, CO 80033 2. INFORMATION, PREPARATION. Closing Agent is authorized to obtain information, and agrees to prepare, obtain, deliver and record all documents, excluding preparation of legal documents, necessary to carry out the terms and conditions of the contract to buy and sell real estate, dated December 17, 2007, with ALL amendments and counterproposals attached (Contract), and made part of this document. 3. CLOSING FEE. Closing Agent will receive a fee not to exceed $230.00 for providing these closing and settlement services to be the expense of the buyer. 4. GOOD FUNDS. Closing agent is authorized to receive funds and to disburse funds when all funds received are either: (a) available for immediate withdrawal as a matter of right from the financial institution in which the funds have been deposited; (b) or are available for immediate vihhdrawal as a consequence of an agreement of a financial institution in which the funds are to be deposited or a financial institution upon which the funds are to be drawn (Good Funds). S. RELEASE, DISBURSEMENT. Closing Agent is not authorized to release any documents or things of value prior to receipt and disbursement of Good Funds, except as provided in paragraphs 10, 11 and 17. 6. DISBURSER. Closing Agent shall disburse all funds in closing except those funds as may be separately disclosed in writing to Buyer and Seller by Closing Agent or Buyer's lender on or before closing. 7. SELLER'S NET PROCEEDS. Seller will receive the net proceeds of closing as indicated: _ X Closing Agent Trust Account Check _ Cashier's Check at Seller's expense Funds Electronically transferred to an account specified by Seller at Seller's expense 8. FURNISH INFORMATION AND DOCUMENTS. Buyer and Seller will furnish any additional information and documents required by closing Agent which will be necessary to complete this transaction, and Buyer and Seller further agree to sign and complete all and customary required documents at closing to fulfill the Contract 9. CLOSING STATEMENT. Closing Agent will prepare and deliver an accurate, complete, and detailed closing statement to Buyer and Seller at time of closing. 30. FAILURE OF CLOSING. If closing does not occur, Closing Agent, except as provided herein, is authorized and agrees to return all documents, monies, and things of value to the depositing party and Closing Agent will be relieved from any further duty, responsibility or liability in connection with these instruments. In addition, any promissory note, deed of trust, or other evidence of indebtedness signed by Buyer, shall be voided by Closing Agent, with the original(s) returned to Buyer and copy to Buyer's lender. 11. EARNEST MONEY DISPUTE. Except as otherwise provided herein, Closing Agent shall release the Earnest Money as directed by written mutual instructions signed by both Buyer and Seller. In the event of any controversy regarding the Earnest Money held by Closing Agent (notwithstanding any termination of the shall not he ramdred to take anv artinn. Closina Aaent. at Its ontion and sole 13. WITHHOLDING. The Internal Revenue Service and the Colorado Department of Revenue may require Closing Agent to withhold a substantial portion of the proceeds of this sale when Seller either (a) is a foreign person or (b) will not be a Colorado resident after Closing. Seller should inquire of Seller's tax advisor to determine if withholding applies or if an exemption exists. 14. SPECIAL INSTRUCTIONS. None 15. COUNTERPARTS. This document may be executed by Buyer, Seller and Closing Agent, separately, and when each party has executed a copy such copies taken together shall be deemed to be a full and complete contract between the parties. 16. TAXES AND SPECIAL ASSESSMENTS. The Closing Agent is to comply with the instructions of the Buyer's Lender regarding the payment of all real property taxes and special assessments despite any provision in these printed Closing Instructions or the Sale and Purchase Agreement to the contrary. The parties agree to, and do hereby, hold Closing Agent and the Title Insurance Company harmless regarding said real property taxes and special assessments paid or to be paid by others. 17. ESCROW MONEY DISPUTE. If any conflicting demands are made on the Closing Agent, at it's sole discretion, Closing Agent may hold any monies, documents, and things of value received from any party except Buyer's lender. Closing Agent shall retain such items until (1) receipt of mutual written instruction from Buyer and Seller; or (2) until a civil action between Buyer and Seller shall have been finally concluded in a Court of competent jurisdiction; or (3) in the alternative, Closing Agent may, in its' sole discretion, commence a civil action to interplead, or, interplead in any existing civil action, any documents, monies or other things of value received by Closing Agent. Such deposit with the Court shall relieve Closing Agent of all further liability and responsibility and Closing Agent shall be entitled to all court costs and reasonable attorney's fee. 16. NOTICE, DELIVERY AND CHOICE OF LAW. a. Physical Delivery. Except as provided in § 18b below, all notices must be in writing. Any notice to Buyer shall be effective when received by Buyer or Selling Brokerage Firm, any notice to Seller shall be effective when received by Seller or Listing Brokerage Firm, and any notice to Closing Agent shall be effective when physically received by Closing Agent. b. Electronic Delivery. As an alternative to physical delivery, any signed documents and written notice may be delivered in electronic form by the following indicated methods only: ❑ Facsimile [] E -mail ❑ No Electronic Delivery. Documents with original signatures shall be provided upon request of any party. c. Choice of Law. This contract and all disputes arising hereunder shall be governed by and construed in accordance with the laws of the State of Colorado that would be applicable to Colorado residents who sign a contract in this state for property located in Colorado. APPROVED AND ACCEPTED - IlAen ernon D. Vohoska Mar) e �_hos ka Wheat Ridge Urban Renewal Authority h i 7 � by Terrell Williams, Chairman Closing Agent: Transnation Title Insurance Company Escrow Officer: Jodie King LandAmerica Transnation Title Insurance Company 710 Kipling Street, Suite 403 Lakewood, CO 80215 Settlement Date: 04/17/2008 Proration Date: 04/17/2008 PURCHASER'S SETTLEMENT STATEMENT Buyer(s): Wheat Ridge Urban Renewal Authority Seller(s): Vernon D. Vohoska and Marjorie 1. Vohoska Property: 7540 W 44th Ave Wheat Ridge, CO 80033 LOT 3 EX S82 M/L KEY A TOTAL 3.766 AM /L 1164,047 SF EX N87.57 OF LOT 3 CON .562 AM /L PER F0460101 TOTAL 3.204 AM /L / 139,582 SF LOT 3 EX S82 M/L KEY DEBIT Contract Sales Price Deposit or earnest money Principal amount of new loan(s) Option per Contract County taxes 1/1/2008 to 4/17/2008 Settlement or closing fee to LandAmerica Transnation Title insurance to LandAmerica Transnation Tax Information Services to LandAmerica Transnation Recording Fees: Deed $11.00 State Tax /Stamps $1,500,000.00 CREDIT $75,000.00 $1,417,500.00 $7,500.00 $2,172.34 $230.00 $125.00 $30.00 $11.00 $150.00 Sub Total $1,500,546.00 $1,502,17234 Balance Due to Purchaser $1,626.34 Total $1,502,172.34 $1,502,172.34 The above figures do not include sales or use taxes on personal property. APPROVED AND ACCEPTED Broker: Wheat Ridge Urban Renewal Authority By: LandAmerica Transnation Title Insurance Company �7 By: Jodie King by: Escrow Officer Terrell Williams, Chairman LandAmerica Transnation Title Insurance Company 710 Kipling Street, Suite 403 Lakewood, CO 80215 Settlement Date: 04/17/2008 Proration Date: 04117/2008 SELLER'S SETTLEMENT STATEMENT Seller(s): Vernon D. Vohoska and Marjorie I. Vohoska Buyer(s): Wheat Ridge Urban Renewal Authority Property: 7540 W 44th Ave Wheat Ridge, CO 80033 LOT 3 EX S82 M/L KEY A TOTAL 3.766 AM /L / 164,047 SF EX N87.57 OF LOT 3 CON .562 AM /L PER F0460101 TOTAL 3.204 AM /L / 139,582 SF LOT 3 EX S82 MIL KEY DEBIT Contract Sales Price County taxes 1/1/2008 to 4/17/2008 Title insurance to LandAmerica Transnation 2% Colorado withholding to State of Colorado Sub Total Balance Due To Seller $2,172.34 $3,333.00 $30,000.00 $35,505.34 $1,464,494.66 CREDIT $1,500,000.00 $1,500,000.00 Total $1,500,000.00 $1,500,000.00 The above figures do not include sales or use taxes on personal property. APPROVED AND ACCEPTED i Vernon D. . . LandAmerica Transnation Title Insurance Company By: Jodie King Escrow Officer File No.: 43- 00D2224 REAL ESTATE TAX AGREEMENT 1. With respect to the property known as 7540 W 44th Ave, Wheat Ridge, CO 80033, Buyer and Seller understand and agree that taxes for the current year have been prorated as of this date on the basis of: The most recent assessment (S ) and mill levy ( ) as obtained from the County Assessor's /Treasurer's Office. X proration was based on taxes for the calendar year immediately preceding closing. ($2,172.34 has been prorated based on a total of $7,430.62.) No prorations have been made. _ Other: Such proration shall be a final settlement unless otherwise agreed to In writing by buyer and seller. If the proration is not a final settlement, the Buyer and Seller being the undersigned hereto, hereby agree that they assume full responsibility for pursuing and effecting the adjustment, and that Transnatlon Title Insurance Company shall have no responsibility in regard thereto. ASSESSMENTS II. It Is understood and agreed by and between the Buyer and Seller that: _N_ Seller hereby certifies to the Buyer and the Escrow Agent that there are no special assessments or outstanding tax sales affecting subject property. Unless otherwise agreed to in writing by the parties, Special Improvements installed as of the date of Buyer's signature on the contract for the purchase and sale of real estate, whether assessed or not, shall be paid by Seller and paid In full. Special Improvements now In and being paid In annual Installments are to be assumed by the Buyer. ,In the event information concerning real estate property taxes and special assessments is obtained verbally from the County Assessor's /Treasurer's Off - ice, Transnatlon Title Insurance Company shall have no liability for any erroneous Information. DATED: April 17, 2008 APPROVED AND ACCEPTED Buyer seller �f Wheat Ridge Urban Renewal Authority Vernon D- Vohoska A by: ILI 10, Terrell Williams, Chairman NOTE TO SELLER: WE MUST COLLECT THE PRIOR YEARS TAXES ON YOUR CLOSING STATEMENT, IF NOT SHOWN PAID BY THE COUNTY. IF YOUR LENDER IS ESCROWING TAXES FOR YOU, IT IS POSSIBLE THAT THEY MAY PAY YOUR TAXES TO THE COUNTY AND NOT SEND YOU A FULL ESCROW FUND CHECK AFTER THE LOAN IS PAID OFF. IT IS YOUR RESPONSIBILITY TO SECURE A REFUND FROM YOUR LENDER OR THE COUNTY. CL -Rail Estate Tax Agmt He No. 43 -0002124 REAL ESTATE WATER AND SEWER AGREEMENT Closing Date: April 17, 2008 it is hereby understood and agreed between the purchaser(s) and seller(s) of property known as: 7540 W 44th Ave, Wheat Ridge, CO 80033. The water and sewer account is: _ Metered: Escrow Agent has withheld $ pending receipt of a final water /sewer statement. Funds withheld In excess of the amount due on the final statement shall be returned to the seller. Plat Rate for the following service for the billing period From through in the amount of $ Is: _ paid due. Escrow Agent has prorated water /sewer account from date of closing per contract. _ Escrow Agent has prorated the storm drainage assessment for the billing period from through in the amount of $ Is: _ paid _ due. Water /sewer are Included in the HOA dues. Escrow Agent has not adjusted for water and sewer. Adjustment required will be made between buyer(s) and seller(s) and are not a part of the closing. Property is well and septic; no adjustment or proration required. T Escrow Agent has received the final water /sewer statement. Any payments) as Indicated on the settlement statement shall be considered a final settlement Other: vacant land If funds withheld and /or prorated are insufficient to pay the final water /sewer statement in full, then Escrow Agent shall make a partial payment equal to the withheld funds. Escrow Agent shall mall seller and purchaser a copy of the check and final statement. Escrow Agent shall have no further responsibility and seller and /or purchaser must complete payment. OTHER UTILITIES ADJUSTED OUTSIDE OF CLOSING The undersigned Suyer(s) and Seller(s) agree that the payment and /or adjustment of any other utility(ies), including but not limited to gas, electric, cable, etc., shall take place outside closing, if at all. Buyer(s) and Seller(s) agree that they assume full responsibility for pursuing and effecting such payment and /or adjustment, and that Transnation Title Insurance Company shall have no responsibility in regard thereto. APPROVED AND ACCEPTED: Buyer Seger Wheat Ridge Urban Renewal Authority er on D. Vohoska C by: 1;T t r � • 'W" "� Maporie L Terrell Williams, Chairman File No.: 430002124 12245073 Real Estate Water a Sewer Agmt -O. 3/25105 2:00 PM Seller Forwarding Address: Use Current Address: 10991 E. OnYX Ct. Scottsdale, AZ 85259 ❑ Use Forwarding Address: 'Chone Number pile No.: 43-0002124 11245073 heal Estate Water d Sewer AgmGCI- 3125/06 2:00 PM FINAL AFFIDAVIT AND AGREEMENT The undersigned (collectively and /or individually, "Affiant ") being first duly sworn, and under penalty of perjury on oath do state, covenant with and warrant to Transnation Title Insurance Company and /or the Grantee(s) Wheat Ridge Urban Renewal Authority: 1. That Affiant has an interest in the land described in Transnation Title Insurance Company Commitment /Policy No. 43- 0002124 and /or in the proceeds from the sale and /or refinance of the land described as follows: See Legal Description in the above - referenced Title Commitment /Policy Property Address: 7540 W 44th Ave, Wheat Ridge, CO 60033 2. That no labor or material has been furnished to the subject property within the last six months and there are no pending contracts for improvements to the subject premises. Exceptions, if any: 3. That since Affiant acquired his /her /their /its interest in the subject property, Affiant has not done or suffered to be done anything that could in any way affect the title to said property, and no proceedings have been filed by or against Affiant, nor has any judgment or decree been rendered against Affiant, nor is there any judgment note, other instrument or judicial proceeding that can result in a judgment or decree against Affiant within 60 days from the date hereof. Exceptions, if any: 4. That all water bills, taxes, real estate taxes and special assessments, except current bills, are paid, that all insurance policies assigned, if any, are paid, and that all Homeowner, Subdivision, and /or Condominium Association dues, if any, are paid current. 5. That the improvements (house, garage, outbuildings, etc.) on subject property are within the boundary lines and setback lines, if any, of said property and do not encroach upon any easement or right of way; that there are no encroachments by improvements (fences, walkways, driveways, eaves, drains, etc.) on adjoining property onto subject property and that 1 /we /it know(s) of no assertion being made by any adjoining property owner, nor by me /us /it against them, as to the location of boundary lines or disputes as to occupancy of any portion of my /our /its property on their property except: 6. That Affiant is in undisputed and peaceful possession of the premises and no other parties have any rights or claims to the possession of the premises, except as set forth herein: This instrument is made to induce Transnation Title Insurance Company, to issue an owner's and /or loan title policy and Affiant agrees to indemnify the Grantee's and /or Transnation Title Insurance Company and /or its assigns against any loss arising out of any false or erroneous statement(s) rendered therein. Dated: April 17, 2006 Vernon D. Vohoska M rjori ska STATE OF COLORADO ) )SS COUNTY OF Subscribed and sworn to before me on 0 _t9a- O Y by Vernon D. Vohoska and Marjorie 1. WHEN RECORDED RETURN TO: Wheat Ridge Urban Renewal Authority 7500 W. 29th Ave - Wheat Ridge, CO 80033 -8001 WARRANTY LEES THIS DEED, dated April 17, 2008, between Vernon O. Voho and Marjorie I. Vohoska of the County of Mri Ca and State of Arizona, grantor(s), and Wheat Ridge Urban Renewal Authority, whose legal address is 7500 W. 29th Ave., Wheat Ridge, Cc 80033 -8001, Colorado, grantee(s): SDP $150.00 of the County of Jefferson and State of WITNESS, that the grantor(s), for and in consideration of the sum of One Million Five Hundred Thousand and 001100 Dollars ($1,500 the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the grantee(s), his heirs and assigns forever, all the real property, together with improvements, if any, situate, lying and being In the County of Jefferson and State of Colorado, described as follows: SEE ATTACHED EXHIBIT *A" also known by street and number as: 7540 W 44th Ave, Wheat Ridge, CO 80033 TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, Issues and profits thereof, and all the estate, right, title, Interest, claim and demand whatsoever of the grantor(s), either In law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances; TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee(s), his heirs and assigns forever. The grantor(s), for himself, his heirs, and personal representatives, does covenant, grant, bargain and agree to and with the grantee(s), his heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, In law, in fee simple, and has good right, full power and lawful authority to grant. bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sates, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature whatsoever, except general taxes for the year 2008 and subsequent years, and except easements, covenants, conditions, restrictions, reservations, and rights of way of record, if any. The grantor(s) shall and will WARRANT AND FOREVER DEFEND the above - bargained premises in the quiet and peaceable possession or the grantee(s), his heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to a0 gendejs. E55 ERE , gra tof has executed this deed on the date seDf bov II QFk �, Vernon D. Vohos (/ // Na oska STATE OF COLORADO ) )SS COUNTY OF L,# ) The foregoing Instrument was acknowledged before me on l94 - X by Vernon D. Vohoska and Magorie I. Vohoska. Witness my hand and official seal. My Commission Expires: 2:'u Q!2 File No.: 43- 0002124 11245073 WD lndv to Indv -DOC 3/25/06 1:47 PM Exhibit "A" Lot 3, Time Square Subdivision, Except that portion of said Lot 3, lying South of the Northerly line of Lot 1, Time Square Subdivision as if extended from the East line of said Lot 1 to the West line of said Lot 1, which line bears South 89° SS' 50" West and which is the South line of the Northwest 114 of the Northwest 114 of the Southeast 1/4 of Section 23, Township 3 South, Range 69 West of the 6th P. M., and Except a parcel of land being a portion of Lot 3, Time Square Subdivision, being more particularly described as follows: Beginning at the Northwest corner of mid Lot 3. Time Square Subdivision, thence North 89 56' 20' East, along the North line of said Lot 3, a distance of 195.00 feet; thence South 00 02' 46' West, a distance of 32.25 feet; thence North 89 56' 20" East, a distance of 133.54 feet to a point on the Easterly line of said Lot 3; thence South 00° 02' 46' West, along said Easterly line, a distance of $5.92 feet; thence leaving said Easterly line, South 89 56' 20" West, a distance of 328 -67 feet to a point on the Westerly line of said Lot 3; thence North 00 03'46" East, along said Westerly line, a distance of 87.57 feet to the Point of Beginning, County of Jefferson, State of Colorado File Jia.: 43-0002124 t1245073 WD lndv to tndv -DOC 3125/0a 1:47 I'M M LandAmeritia RATE CLASSIFICATION DISCLOSURE NOTE: This Is a sale transaction. The specific rate classifications applied to this transaction are disclosed in Schedule A of the commitment. A list of other rate classifications, including discount rates, that may apply are: Basic Rate Concurrent Rate Short Term Rate Expanded Bundled Concurrent Rate Builder /Developer Rate PLEASE ADVISE YOUR TITLE OFFICER IF YOU THINK YOUR TRANSACTION QUALIFIES FOR ONE OF THE ABOVE RATE CLASSIFICATIONS. Please acknowledge your understanding of the above by signing below. Wheat Ridge Urban Renewal Authority Vernon D.Vohoska by: 1.idl' Terrell Williams, Chairman Date: L.� - 15 '• O 9 File No.: 43- 0002124 11245073 Rate Classification Dlscimre -CL 3/25/08 1:47 FM OR 1003 (00102) COLOMDO00PR MM0FRM"ff 0MWk C080Oe3Y000S 008•ta850RVMM ATION WITH RESPECT TO A CONVEYANCE OF A COLORADO REAL PROPERTY INTEREST 1. Name(s) and address of transferor(s): Vernon D. D. Vohoska and Magorle I. Vohoska 9 Use Current Address: ❑ Use Forwarding Address: 10991 E. Onyx Ct. Scottsdale. AZ 85259 2. Transferor is (check one): Individual ❑ Estate ❑ Corporation ❑ Trust ❑ Other tyQ( 3. Social Security Number(s) or Colorado account number of transferor: 4. Federal employer identification number of transferor: S. Type of property sold: Vacant Land 6. Address or legal description of property sold: 7540 W 44th Ave, Wheat Ridge, CO 80033 7. Date of closing: April 17, 2008 S. Selling price of the property ..... ............................... $1,500,000.00 9. Selling price of this transferor's interest .........I..... $ 10. If Colorado tax is withheld, check this box .................................................... .... ........ ......... _............. 11. Amount of tax withheld ............... ............................... 0c) 12. If withholding is not made, give reason (check one): a. Affirmation of Colorado residency signed .............................. ............................... ❑ b. Affirmation of permanent place of business signed ............ ............................... ❑ c. Affirmation of principal residence signed ........ ............................. ... ............... I ❑ d. Affirmation of partnership signed ............................................. ............................... ❑ e. Affirmation of no tax reasonably estimated to be due or no gain on sale signed ................ ❑ f. No net proceeds ............................. ........._....... ....... . ........ ............ ............ I................. ❑ Name, address and telephone number of the title insurance company or other person providing closing and settlement services with respect to this transfer: LandAmerica 710 Klpling Street. Suite 403 Lakewood CO $0215 303.987 -0471 File No.. 43^0002124 11245073 DR 1083 -CL 3125/08 1:47 PM AFFIRMATION OF COLORADO RESIDENCY I (we) hereby affirm that I am (we are) the transfefnr(s) or the fiduciary of the transferor of the property described on this Form 1083 and that as of the date of closing i am (we are) or the estate or the trust is a resident of the State of Colorado Signed under the penalty of perjury: Signature of transferor or fiduciary Date Spouse's signature if applicable Date AFFIRMATION OF PERMANENT PLACE OF BUSINESS I hereby affirm that the transferor of the property described on this Form 1083 Is a corporation which maintains a permanent place of business m Colorado. Signed under the penalty of perjury: Signature of corporate officer AFFIRMATION OF SALE BY PARTNERSHIP I hereby affirm that the transfer of property described on this Form 1083 was sold by an organization defined as a partnership under section 761(a) of the internal Revenue Code and required to file an annual federal partnership return of Income under section 6031(a) of the Internal Revenue Code. Signed under the penalty of perjury: Signature of general partner Date AFFIRMATION OF PRINCIPAL RESIDENCE I (we) hereby affirm that I am (we are) the transferor(s) of the property described on this Form 1083 and immediately prior to the transfer It was my (our) principal residence which could qualify for the exclusion of gain provision of section 121 of the Internal Revenue Code. Signed under the penalty of penury: Signature of transferor Date Spouse's signature if applicable Date AFFIRMATION OF NO REASONABLY ESTIMATED TAX TO BE DUE I (we) hereby affirm that I am (we are) the transferor(s) or an officer of the corporate transferor or the fiduciary of the estate or trust transferor of the property described on the front side of this form, and I (we) further affirm that there will be no Colorado income tax reasonably estimated to be due on the part of the transferors) as the result of any gain realized on the transfer. Please understand before you sign this affirmation that nonresidents of Colorado are subject to Colorado tax on gains from the sale of Colorado real estate to the extent such gains are Included M f edora! taxable lnrome, Signed under the penalty of perjury: Signature of transferor, officer, or fiduciary Spouse's signature If applicable Date Date Foe No.: 43- 0082124 DR 1D83 -CL LLZ45073 3/25/08 1:47 FM INSTRUCTIONS FOR FORM DR 1083 In general. With certam exceptions, all sales of Colorado real property in excess of $100.000 made by nonresidents of Colorado will be subject to a withholding tax in anticipation of the Colorado income tax that will be due on the gam from the sale. A tasnsferor who Is an individual, estate, or trust will be subject to the withholding tax if either the federal Farm 1099 -S to be filed with the Internal Revenue Service to report the transaction or the authorization for the disbursement of the funds resulting from the transaction shows a non-Colorado address for the transferor. A corporate transferor will be subject to the withholding tax If Immediately after the transfer of the title to the Colorado real property Interest, It has no permanent place of business in Colorado. A corpora @on will be deemed to have a permanent place of business In Colorado if It is a Colorado domestic corporation, If it is qualified by law to transact business in Colorado, or If it maintains and starts a permanent office In Colorado. Amount of withholding. The withholding shah be made by the tale insurance company or its authorized agent or any attorney, Dank, savings and loan association, savings bank, corporation, partnership, association, pint stock company, trust, unincorporated w9an)zation or any combination thereof acting separately or in concert that provkles closing and settlement services. The amount to be withheld shall be the lessor of: two percent of the selling price of the property interest Or. the net proceeds that would otherwise be due to the transfemr as shown on the settlement statement. "Closing and Settlement services" are services for the benefit of all necessary partles in connection with the sale, leasing, encumbering, mortgaging, creating a secured interest in and to the real property, and the receipt and disbursement of money in connection with any sale, lease, encumbranw, mortgage, or deed of trust, (10- 11.102 (3.S), C.R.S..) Exmptlom to withholding. Withholding shall not be made when: 1, the selling price of the property is not more than $100,000; or 2, the transferor Is an individual, estate, or trust and both the Form logs -S and the authorization ror disbursement of funds show a Colorado address for the transteror; or 3. the transferee is a bank or corporate beneficiary under a mortgage or beneficiary under deed of trust and the Colorado real property Is acquired in judicial or 0onjbdlaal foreclosure or by deed in lieu of foreclosure; or 4. the transferor is a corporation Incorporated under Colorado law or currently registered with the Secretary of State's Office as authorized to transact business in Colorado: or S. the title Insurance company or the person providing the dosing and settlement services, In good faith, miles upon a written affirmation executed by the transfemr, certifying under the penalty of perjury one of the foliawing: (al that the transferor, If an Individual, estate, or trust, is a resident of Colorado; (b) that the transferor, If a corporation, has a permanent piece of business In Colorado; (c) that the transferor is a partnership as defined in section 761(al of the Internal Revenue Code required to file an annual federal return of Income under section 5031(a) of the Internal Revenue Code; (d) that the Colorado real property being conveyed Is the principal residence of the transferor which could quality for the exclusion of gain provisions of section 121 of the intemai revenue code: (e) that the transferor will not owe Colorado racOme tax reasonably estimated to be due from the Inclusion of the actual gam required to be recognized on the transaction in the gross Income of the transferor. Normally Colorado tax will be due on any transaction upon which gain will be recognized for federal income tax purposes. Win Will normally be recognized for federal income tax purposes any time the selling price of the property exceeds the total of the taxpayer's adjusted bases in the property plus the expenses Incurred in the sale of the property. The taxpayer's adjusted basis of the property will normally be the taxpayers total investment In the property minus any depreciation thereon he has previously claimed for federal Income tax purposes. Partmorship as Transferor. Sales of real property interests by organizatons recognized as partnerships for federal Income tax purposes and required to file annual federal partnership returns of income will not be subject to the Colorado withholding tax. This exception will not apply to joint ownerships Of property which are not recognized as partnerships for federal income tax purposes. The sale of property jointly owned by a husband and wife, for example, is a sale by two individuals, not a sale by a partnership, and not exempt from withholding tax. Completion of Farm DR 1083. Form DR L083 must be completed and submitted to the Department of Revenue with respect to sales of Colorado rest property if Colorado tax was withheld from the net proceeds from the sale. or if Colorado tax would have been withheld but for the signing of an affirmation by the transferor. Information. For additional mformallon or assistance contact tine Department of Revenue at (303) 238 -SERV (7378) or www.taxcolorado.com. File No.= 43- 0002124 OR 10113 Instructions -CL 11245073 3/25108 1:47 PM Line 1. Enter on line 1 of FOM DR 1083 the name and address of the transferor. In the case of multiple transferors of the same real property, a separate form OR 1083 must be filed (or each hansferor except that If the transforms are husband and wife at the time of dosing who held the property as Joint tenants, tenants by the entirety, tenants in Common, or a$ community property, and they are both subject to withholding or both exempt from withholding, treat them as a single transferor and list both of their names on fine 1. Do net list husband and wife as one transferor If they do hot ch0o$e to be listed as one transferor. Use the same address as Is used on the Form 1099- 5 If one Ice mgwred to be filed. Otberwlse, use the most current address available. Line 3. If both husband and wire are listed on line 1. Show both Social Security Numbers on line 3. Line S. Type of property sold would be residential, rental, commercial, unimproved land, farm. etc. Line 0. Address or legal de ptlon would be the same as shown on Fonn 1099 -5. Line 7. Date of dosing would be the same 85 shown on Form 1099.5, Line S. Selling price of the property is the contract sales price. Selling price means the sum of: the cash paid or to be paid but not including Interesb (b) the fair market value of other property transferred or to be transferred: and (cl the outstanding amount of any liability assumed by the transferee to which the Colorado real property Interest Is $Object immediately before and after the transfer. File NO.: 43-0002124 DR 1063 Instruc0ons -CL Line 9. Selling price of the transferals Interest Is that part of the selling prim entered on line 8 apportioned to the ownership interest of the transfemr for whom the Form DR 1083 Is being prepared. For example, If the property was owned 60% by Smith and 40% by Jones and the property was sold for $150,000, the Form OR 1083 being prepared for Jones would show $150,000 on line 8 and $60.000 on line 9. Note that It Is the amount on fine 8 that determines whether or not the $100,000 withholding tax threshold Is met, not the amount eatereo on line 9, but the withholding Is to be computed on the amount an fine 9 If It ,s smaller than the amount on line S. Lines 10 If Colorado tax Is withheld on the transaction. and 11. Check the box on line 10 and show the amount withheld on line 11. If Colorado tax Is being withheld on the transfer, the title insurance company or the person providing the dosing and settlement services most complete Form DR 1079 which is the form used to transmit the tax withheld to the Colorado Department of Revenue. Line 12. if Cdonso tax Is not withheld on the transaction, check appropriate box In line 12. Due data and penalty. The title Insurance company or other Person providing the dosing and settlement services must file Form OR 1063, together with Form DR 1079 If Colorado tax was withheld on the transfer, with the Colorado Department of Revenue within 30 days of the closing date of the transaction. Any title Insurance company or its authorized agent which Is required to withhold any amount pursuant to section 39-22- 604.5, C.R.S. (relating to withholding on transfers of Coorado real property interests) and falls to do so shall be liable for the greater of five hundred dollars or ten percent of the amount required to be withheld, not to exceed twenty five hundred dollars. 11245073 3/25/08 1:47 PH SELLER'S CERTIFICATION OF NON - FOREIGN STATUS Section 1445 of the Internal Revenue Code provides that a transferee (buyer) of a U.S. real property interest must withhold tax if the transferor (seller) is a foreign person. For U.S. tax purposes (Including 81445), the owner of a disregarded entity (which has legal title to a U.S. real property interest under local law) will be the transferor of the property and not the disregarded entity. To Inform the transferee that withholding of tax is not required upon the transfer of the U.S. real property Interest by Vernon D. vohoska ( "transferor"), the undersigned hereby certified the following: A. INDIVIDUAL TRANSFEROR(S) 1. 1 am not a nonresident alien for purposes of United States income taxa ion 2, My U.S. taxpayer identification number (social security numt 24 i62.O4)and 3. M home address is: Use Current Address: C] Use Forwarding Address: 1 991 E, Onyx Ct. Scottsdale. AZ 85259 B. The transferor understands that this certificate may be disclosed to the Internal Revenue Service, that any false statement contained In this certificate may be punished by fine or Imprisonment or both, that transferee Is relying on this certificate in determining whether withholding is required, and that transferee may face liabilities if any statement In this certificate Is false. C. Transferor hereby Indemnifies transferee from any liability or cost which transferee may incur as a result of (1) the Seller's failure to pay any U.S. Federal income tax which such transferor Is required to pay under applicable U.S. law, or (2) any false or misleading statement contained in this certification. Under penalties of perjury I declare that I have examined this certification and to the best of my knowledge and belief it is true, correct and complete. Notice to Transferor and Transferee - In the case of multiple transferors, Certification should be obtained from each. File No.: 43-0002124 11245073 FIRPTA Seller Corp -CL f FIRPTA Seiler Non- Fonvgn O. 3125100 1:47 PM SELLER'S CERTIFICATION OF NON - FOREIGN STATUS Section 1445 of the Internal Revenue Code provides that a transferee (buyer) of a U.S. real property interest must withhold tax If the transferor (seller) Is a foreign person. For U.S. tax purposes (including §1445), the owner of a disregarded entity (which has legal title to a U.S. real property interest under local law) will be the transferor of the property and not the disregarded entity. To Inform the transferee that withholding of tax Is not required upon the transfer of the U.S. real property Interest by Vernon D. Vohoska ( "transferor"), the undersigned hereby certified the following: A. INDIWDUALTRANSFEROR(S) 1. I am not a nonresident alien for purposes of United States income to on 2. My U.S. taxpayer identification number (social security number) is and 3. M,f home address is: �{f Use Current Address: QUse Forwarding Address: 10991 E. Onyx Ct. SCottSdale, AZ 85259 8. The transferor understands that this certificate may be disclosed to the Internal Revenue Service, that any false statement contained in this certificate may be punished by fine or Imprisonment or both, that transferee Is relying on this certificate in determining whether withholding Is required, and that transferee may face liabilities if any statement In this certificate Is false. C. Transferor hereby indemnifies transferee from any liability or cost which transferee may incur as a result of (1) the Seller's failure to pay any U.S. Federal income tax which such transferor is required to pay under applicable U.S. law, or (2) any false or misleading statement contained in this certification. Under penalties of perjury I declare that I have examined this certification and to the best of my knowledge and belief it is true, correct and complete. Dated: 4 d 0.3 i'Veinon D. Vohoska Notice to Transferor and Transferee - In the case of multiple transferors, Certification should be obtained from each. File No.: 43- 0002124 11245073 FJPVrA seller Corp -CL / FIRPTA Seller Non- Foregn -CL 3j25/0E 1:47 PM SUBSTITUTE FORM 1099 S * * * ** THIS FORM SHOULD NOT BE SENT TO THE IRS * * * ** Transnation Title Insurance Company Tax Information Reporting Service THIS IS IMPORTANT TAX INFORMATION AND IS BEING FURNISHED TO THE INTERNAL REVENUE SERVICE. IF YOU ARE REQUIRED TO FILE A RETURN, A NEGLIGENCE PENALTY OR OTHER SANCTION WILL BE IMPOSED ON YOU IF THIS ITEM IS REQUIRED TO BE REPORTED AND THE INTERNAL REVENUE SERVICE DETERMINES THAT IT HAS NOT BEEN REPORTED. Transnation Title Insurance Company 710 Kipling Street, Suite 403 Lakewood, CO 80215 303 -987 -0471 Fite No.: 43- 0002124 11832 Transferor's Name and Forwarding Address: Department No.: Filers Tax I. D.: Vernon D. Vohoska and Marjorie 1. Vohoska ,Use Current Address: 10991 E. Onyx Ct. Scottsdale, A2 85259 SSN /TIN: kk " 001 I1L Property: 7540 W 44th Ave 86- 0719450 O Use Forwarding Address; Wheat Ridge, CO 80033 Gross Sales Price Check Box If consideration other than cash was or will be received: Q Buyer's part of real estate tax: $0.0a Closing Date: April 17, 2008 Seller is required by law to provide the correct Taxpayer Identification Number. If correct Taxpayer Identification Number is not provided, then he /she may be subject to civil or criminal penalties imposed by law. UNDER PENALTIES OF PERJURY, I CER THAT THE TAXPAYER IDENTIFICATION NUMBER SHOWN IN THIS STATEMENT IS MY CORRE AXPAYER IDENTIFICATION NUMBER. Vernon D.Vuhoska \ 0 Ma on I. hoska File No.: 43.0002124 11245073 1099 5-CL 3125/081:47 FM ESCROW INSTRUCTIONS The undersigned has deposited with Transnation Title Insurance Company ( "Escrow Agent'), the Items described in Schedule A attached to this agreement on April 17, 2008. This ESCROW ACCOUNT and Escrow Agent are subject to the following Instructions: (a) The Escrow Agent shall not be personally liable for any act It may do or omit to do hereunder as such agent, while acting in good faith and In the exercise of its own best judgment and any act done or omitted by it pursuant to the advice of Its own attorneys shall be conclusive evidence of such good faith. (b) The Escrow Agent is hereby expressly authorized to comply with and obey all orders, judgments or decrees of any court relating to this transaction and It shall not be liable to any of the parties hereto or to any other person, firm or corporation by reason of such compliance therewith, notwithstanding any such order, judgment or decree being subsequently reserved, modified, annulled, set aside or vacated, or found to have been entered without jurisdiction. (c) If at any time a dispute shall exist as to the duty of the Escrow Agent under the terms hereof or the items deposited hereunder are not withdrawn or used on or before April 17, 2008, then the Escrow Agent may deposit those items described in Schedule A, or such of those items that it still has in Its possession, with the clerk of a court of competent jurisdiction In the state of Colorado, in whose jurisdiction the subject property lies, and may interplead the parties hereto. Upon so depositing such Items and filing its complaint, the escrow holder shall be released from all liability under the terms of this agreement, as to the items so deposited. The parties, for themselves, their heirs, successors and assigns, do hereby submit themselves to the jurisdiction of said Court and do hereby appoint the Clerk of said Court as their agent for the service of process. (d) In consideration of the acceptance of this escrow by the Escrow Agent, the undersigned agree, jointly and severally, for themselves their heirs, executors, administrators, successors and assigns, to Indemnify and hold the Escrow Agent harmless as to any Ilability incurred by the Escrow Agent to any other person or corporation by reason of the Escrow Agent having accepted the same, or in connection herewith, and to reimburse the Escrow Agent for all expenses Including but not limited to attorney fees and court costs Incurred. The undersigned further agree, jointly and severally, for themselves, their heirs, executors, administrators, successors and assigns that the Escrow Agent shall have a first and prior lien upon all deposits made to secure the performance of said agreement of Indemnity and charges to be distinguished from other expenses shall be written in above the Escrow Agent's signature at the time of the Escrow Agent's acceptance of this agreement. (e) The Escrow Agent is also subject to the 'Special Instructions" set forth in Schedule 8 attached hereto and those General Provisions shown In Exhibit A. This agreement shall be binding upon the undersigned depositor and Its successors and assigns. Initial b Initials } t J i Initlals_�.. Initials File No.: 43-0002174 11245873 BMW rastnxtlons {Master) -ESC 3/25/08 2:18 PM EXHIBIT A (General Provisions) These instructions may be supplemented, altered, amended, modified in writing only; signed by all of the parties hereto and approved by the Escrow Agent, upon payment of all fees, costs and expenses incident thereto. No assignment, transfer, conveyance or hypothecation of any right, title or Interest In ano to the subject matter of the Escrow shall be binding upon the Escrow Agent unless written notice thereof shall be served upon the Escrow Agent and all fees, costs and expenses incident thereto shall have been paid and then only upon the Escrow Agent's consent thereto in writing. Any notice required to be given by the Escrow Agent may be given by mailing to the postage prepaid to the person at the address given below the signature or the most recent address of such person as shown on the records of the Escrow Agent, and notice so mailed shall be for all purposes as effectual as served upon such party in person at the time of depositing such notice in the mail. The Escrow Agent may receive any payment called hereunder after the due date of this agreement unless subsequent to the date of such payment and prior to the receipt the Escrow Agent shall have been instructed In writing to refuse any such payment, The Escrow Agent is hereby expressly authorized to disregard any and all notices or warnings given by any of the parties or by any other person or entity accepting only orders of process of the court, and Is hereby expressly authorized to comply with and obey and all process, orders, judgments or decrees of any court, and it shall not be liable to any of the parties or any other person or entity by reason of such compliance, notwithstanding any such order, judgment or decree be subsequently reserved, modified, annulled, set aside or vacated, or found to have been issued or entered without jurisdiction. The Escrow Agent shall be under no duty or obligation to ascertain the Identity, authority or rights of the parties executing or delivering or purporting to execute or deliver these instructions or any documents or papers or payments deposited or called for herein, and assumes no responsibility or liability for the validity or sufficiency of these instructions or any documents or papers or payments deposited or called for herein. The Escrow Agent shall not be liable for the outlawing of any rights under any statutes of limitations or by reason of latches in respect to the Instructions or any document or papers deposited. in the event of any dispute between the parties as in the facts of default, the validity or meaning of these Instructions or any other fad or matter relating to the transaction between the parties, the Escrow Agent is instructed as follows: (a) That it shall be under no obligation to act, except under process or order of court, or until It has been adequately rndemnlfied to Its full satisfaction, and shall sustain no liability for its failure to act pending such process or court order or Indemnification; (b) That It may in its sole and absolute discretion, deposit the Items held in escrow, or so much as remains in its hands with the Clerk of the District Court, State of Colorado, in whose jurisdiction the subject property. lies, and interplead the parties, and upon so depositing such items held in escrow shall be relieved of all liability under the terms of this agreement as to the Items held in escrow, and furthermore, the parties hereto for themselves, heirs, legal representatives, successors and assigns do hereby submit themselves to the jurisdiction of said court as their agent for the service of all process In connection with such proceedings. The institution of any such interpleader action shall not Impede the rights of the Escrow Agent. If the subject matter of this escrow consists In whole or in part of funds, that same shall not be co- mingled by the Escrow Agent with its own funds; provided however, that anything contained in the Escrow Agreement of which these General Provisions are made a part, notwithstanding the Escrow Agreement shall NOT BE REQUIRED TO DEPOSIT THE SAME IN ANY INTEREST BEARING OR INCOME PRODUCING ACCOUNT, AND SHALL NOT IN ANY WAY BE LIABLE TO ANY OF THE PARTIES HEREIN FOR THE PAYMENT OF INTEREST UPON SAID Initials Initials Init als Initials File No.: 43.0002124 11245073 Escrow Instructions (Master) -ESC 1/25108 2:21 I'M FUNDS. It is intended that the provisions hereof shaft supersede any other terms. conditions, covenants or provisions contained In the Escrow Agreement which expressly or by implication are in conflict herewith. Initials— ESC- Master Page 9 of 4 Inwuctlons SCHEDULE A The following Items have been deposited with Transnation Title Insurance Company: ® All closing documents including but not limited to the Warranty Deed and Slit of Sale. ❑ All real estate and loan documents. ❑ ❑ Purchaser funds in the amount of $ (held in a non - interest bearing account). ❑ Setter's funds In the amount of $ (held in a non interest bearing account). 0 Borrower's funds in the amount of $ (held in a non - interest bearing account). [] Loan proceeds in the amount of $ (held in a non - Interest bearing account). �] (held In a non - Interest bearing account, if applicable). SCHEDULE B (Special Instructions attached hereto and incorporated herein by reference) NOTE: These instructions should be specific and must be complete In and of themselves, and not refer to or adopt any other instrument or contract. The Escrow Agent shall not be required to undertake to make, construe or determine compliance therewith. Closing in Counterparts Divorce Proceeds Documents Held Pending Payoff FHA Payoff Foreclosure Proceeds Good Funds Judgment Lender Required Repairs Lis Panders Mechanics Liens Repairs /Improvements Taxes Miscellaneous Escrow Fee: $ Vernon D. Vohoska r Marto f I. hoska Transnation Title Insurance Company By: 3odle King Phone: 303 - 987 -0471 Fax: 866 -601 -8036 eSGesgaw Instnalons (Master) SCHEDULE B ATTACHMENT TO ESCROW INSTRUCTIONS (For closings signed in counterpart) Escrow Agent shall hold items listed in Schedule A. Release and disbursement of these items shall take place upon presentation to and receipt by the Escrow Agent of the following: t. Property executed, original loan and /or real estate documents signed by the seller. 2. Good Funds from all parties as required pursuant to Settlement Statements from this transaction. 3. Evidence sufficient to show that any and all loan closing conditions (per the lender's written closing instructions) have been satisfied. 4. Evidence that all title commitment requirements have been satisfied. If all of the above - described items are not delivered to the Escrow Agent on or before the date shown on Page i of the Escrow Instructions, then the closing shall be null and void and all documents and funds held shall be returned to the appropriate parties. Escrow Agent shall have no responsibility for any decision concerning performance or effectiveness of the Purchase Agreement, but shall only be responsible to act upon the joint and mutual direction of Buyer(s) and Seller(s). In aid of this, both parties undertake to hold Escrow Agent harmless from any claims or defenses arising out of this Escrow Agreement and indemnity and for all costs and expenses in connection with this escrow, including court costs, attorney's fees, except for Escrow Agent's failure to account for the funds held. Initials tit t " Initials Initials i Initials File No.: 43- 0002124 11245073 Closing in Counterpart-ESC 3125/08 2:17 PM AFFIDAVIT OF MARJORIE VOHOSKA STATE OF COLORADO ) ) ss. COUNTY OF Q4M ) I, Marorie Vohoska, being duly swom upon oath, state and aver as follows: There are no existing tenancies or leases on the property subject to the Land America Commitment No. 43- 0002124, which has a street address of 7540 West 40 Avenue, Wheat Ridge, Jefferson County, Colorado. FURTHER AFFIANT SAYETH NAUGHT. r � 0 Marjorie Veho Subscribed and sworn to before me this caxd, day of , 2008, by My commission expires: 9 /q—O 11 MAWA r,01 I �11, I I AFFIDAVIT OF VERNON VOHOSKA STATE OF COLORADO ) ) ss. COUNTY OF Po,� ) I, Vernon Vohoska, being duly sworn upon oath, state and aver as follows: There are no existing tenancies or leases on the property subject to the Land America Commitment No. 43- 0002124, which has a street address of 7540 West 40 Avenue, Wheat Ridge, Jefferson County, Colorado. FURTHER AFFIANT SAYETH NAUGHT. f� Vernon Vohoska Subscribed and sworn to before me this _a d-- day of 2008, by My commissicn expires: 9-141-09 CONTRACT TO BUY AND SELL REAL ESTATE December T7, 2007 1. PARTIES AND PROPERTY. The Wheat Ridge Urban Renewal Authority, abodycorporate and politic (Buyer), having accepted the assignment from Wheat Ridge 2020 of a Purchase Option Agreement dated January 3, 2007, between the undersigned seller(s) (Seller) and Wheat Ridge 2020, agrees to buy, and the Seller, having agreed to the assignment of the aforementioned Purchase Option Agreement, agrees to sell, on the terms and conditions set forth in this contract, the following described real estate in the County of Jefferson, Colorado, to wit: LOT 3, TIME SQUARE SUBDIVISION, EXCEPT THAT PORTION OF LOT 3 LYING SOUTH OF THE NORTHERLY LINE OF LOT 1, TIME SQUARE SUBDIVISION AS IF EXTENDED FROM THE EAST LINE OF SAID LOT 1 TO THE WEST LINE OF SAID LOT 1, WHICH LINE BEARS SOUTH 89 DEGREES 55 MINUTES 50 SECONDS WEST AND WHICH LINE IS THE SOUTH LINE OF THE NW '/ NW '/< SE '/< OF SECTION 23, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH P.M., AND EXCEPT A PARCEL OF LAND BEING A PORTION OF LOT 3, TIME SQUARE SUBDIVISION, AS RECORDED IN BOOK 70 AT PAGE 42, RECORDS OF JEFFERSON COUNTY, LOCATED IN THE SOUTHEAST QUARTER OF SECTION 23, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF JEFFERSON, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF LOT 3, SAID TIME SQUARE SUBDIVISION; THENCE NORTH 89 DEGREES 56 MINUTES 20 SECONDS EAST, ALONG THE NORTH LINE OF SAID LOT 3, A DISTANCE OF 195.00 FEET; THENCE SOUTH 00 DEGREES 02 MINUTES 46 SECONDS WEST, A DISTANCE OF 32.25 FEET; THENCE NORTH 89 DEGREES 56 MINUTES 20 SECONDS EAST, A DISTANCE OF 133.54 FEET TO A POINT ON THE EASTERLY LINE OF SAID LOT 3; THENCE SOUTH 00 DEGREES 02 MINUTES 46 SECONDS WEST ALONG SAID EASTERLY LINE, A DISTANCE OF 55.32 FEET; THENCE LEAVING SAID EASTERLY LINE, SOUTH 89 DEGREES 56 MINUTES 20 SECONDS WEST, A DISTANCE OF 328.67 FEET TO A POINT ON THE WESTERLY LINE OF SAID LOT 3; THENCE NORTH 00 DEGREES 03 MINU'T'ES 46 SECONDS EAST ALONG SAID WESTERLY LINE, A DISTANCE OF 87.57 FEET TO THE POINT OF BEGINNING, COUNTY OF JEFFERSON, STATE OF COLORADO with a Parcel ID No. of 39- 234 - 04-002 and a street address of 7540 West 44 Avenue, Wheat Ridge, Jefferson County, Colorado together with all interest of Seller in vacated streets and alleys adjacent thereto, all easements and other appurtenances thereto, all improvements thereon and all attached fixtures thereon, except as c:\Qocuments and Seltings\pgofltLocal Settings%Temporary lnlemet Files\OLKlWohoska_PS 3 (21.dcc herein excluded (collectively the "Property"). 2. INCLUSIONS/EXCLUSIONS. The purchase price includes the following items (a) if attached to The Property on the date ofthis contract: lighting, heating, plumbing, ventilating, and air conditioning fixtures, TV anter ms, water softeners, smoketfire/btaglar alarms, security devices, inside telephone wiring and connecting blocksljacks, Plants, mirrors, floor coverings, intercom systems, built -in kitchen appliances, sprinkler systems and controls, built;m vacuum systems (including accessories), and garage door openers including all remote controls; and (b) if on the Properly whether attached or not on the date of this contract: storm windows, storm doors, window and porch shades, awnings, blinds, screens, curtain rods, drapery rods, fireplace inserts, fireplace screens, fireplace grates, heating stoves, storage sheds, all keys. The above - described included items (Inclusions) are to be conveyed to Buyerby Sellerby bill of sale at the closing, free and clear of all taxes, liens and encumbrances, except as provided in Section 10, 3. PURCHASE PRICE AND TERMS. The purchase price shall be One Million Five Hundred Thousand Dollars (5 1_„500.000.001 Pius closing costs, to be paid byBuyer at closing in funds which comply with all applicable Colorado laws, which include cash, electronic transfer funds, certified check, savings and loan teller's check, and casbla's check (Good Funds). In addition, and subjectto the provisions of Section I5 of this Contract, Buyer shall upon execution of this Contract Place earnest money in the amount of Seventy Five Thousand Dollars ($75,000.00) Money ") into an escrow account. At the time of closing, tilt Seventy Five Thousand Dollars (575 ,000.00) in Earnest Money plus the Seven Thousand Five Hundred Dollars (57,500.00) that was placed into escrow pursuant to Section 6 of the Purchase Option Agreement dated January 3, 2007, between Wheat Ridge 2020 and Seller (which was assigned to Buyer) shall be released to Sellerand credited to the purchase price. Except as otherwise expressly provided, the Earnest Money shall be refunded to Buyer if the conditions of this contract are not satisfied. 4. ASSIGNABLE. This contract shall be assignable by Buyer without Seller's prior consent. Except as so restricted, this contract shall inure to the benefit of and be binding upon the heirs, personal re p rese ntatives, successors and assigns of the patties. 5. EVIDENCE OF TITLE. Seller shall furnish to Bayer, at Seller's expense, either a current commitment for owner's title insurance policy in an amount equal to the purchase price or at Seller's choice, an abstract of title certified to a current date, on or before febKM 1.201$ (title Deadline). If a title insurance commitment is famished, Buyer may require of Seller that copies of instruments (or abstracts of instruments) listed in the schedule of exceptions (Exceptions) in the title insurance commitment also be furnished to Buyer at Seller's expense. This requirement shall pertain only to instruments shown of record in the office of the clerk and recorder of the designated county or counties. The title insurance commitment, together with any copies or abstracts of instruments furnished pursuant to this Section 5, constitute the title documents (Title Documents). Buyer, or Buyer's designee, must request Seller, inwriting, to furnish copies or abstracts of instruments listed in the schedule of exceptions no later than F , ehn ary 11.2008 If Seller furnishes a title insumce commitment. Seller will pay the premium err closing and have The title insurance policy delivered to Buyer as soon as practicable after closing. 2 Q. %USEMWRURAwnko>)m_P&S 4.4* 6. TITLE. (a) Title Review. Buyer shall have the right to inspect the Title Documents or abstract. Written notice by Buyer of unmerchantability of title or of any other unsatisfactory title condition shown by the Title Documents or abstract shall be signed by or on behalf of Buyer and given to Seller on or before March 3, 2008 or within five (5) calendar days after receipt by Buyer of anyTitle Document(s) or endorsement(s) adding new Exception(s) to the title commitment together with a copy of the Title Document adding new Exception(s) to title. If Seller does not receive Buyer's notice by the date(s) specified above, Buyer accepts the condition of title as disclosed by the Title Documents as satisfactory. (b) Matters Not Shown by the Public Records. Seller shall deliver to Buyer, on or before the Title Deadline set forth in Section 5, true copies of all lease(s) and survey(s) in Seller's possession pertaining to the Property and shall disclose to Buyer all easements, liens or other title matters not shown by the public records of which Seller has actual knowledge. Buyer shall have the right to inspect the Property to determine if any third party(s) has any right in the Property not shown by the public records (such as an unrecorded easement, unrecorded lease, or boundary line discrepancy). Written notice of any unsatisfactory condition(s) disclosed by Seller or revealed by such inspection shall be signed by or on behalf of Buyer and given to Seller on or before March 3, 2008 If Seller does not receive Buyer's notice by said date, Buyer accepts title subject to such rights, if any, of third parties of which Buyer has actual knowledge. (c) Right to Cure. If Seller receives notice of unmerchantability of title or any other unsatisfactory title condition(s) as provided in subsection (a) or (b) above, Seller shall use reasonable effort to correct said unsatisfactory title condition(s) prior to the date of closing. If Seller fails to correct said unsatisfactory title condition(s) on or before the date of closing, this contract shall then terminate; provided, however, Buyer may, by written notice received by Seller, on or before closing, waive objection to said unsatisfactory title condition(s). 7. INSPECTION. Seller agrees to provide Buyer on or before February 1, 2008, with a Seller's Property Disclosure form completed by Seller to the best of Seller's current actual knowledge. Buyer or any designee shall have the right to have inspection(s) of the physical condition of the Property and Inclusions, at Buyer's expense. If written notice of any unsatisfactory condition, including but not limited to any environmental conditions, signed by or on behalf of Buyer, is not received by Seller on or before March 3. 2008 (Objection Deadline), the physical condition of the Property and Inclusions shall be deemed to be satisfactory to Buyer. If such notice is received by Seller as set forth above, and if Buyer and Seller have not agreed, in writing, to a settlement thereof on or before March 21, 2008 (Resolution Deadline), this contract shall terminate three calendar days following the Resolution Deadline; unless, within the three calendar days, Seller receives written notice from Buyer waiving objection to any unsatisfactory condition. Buyer is responsible for and shall pay for any damage which occurs to the Property and Inclusions as a result of such inspection. S. DATE OF CLOSING. The date of closing shall be April 17, 2008 or by mutual agreement at an earlier date. The hour and place of closing shall be as designated by Buyer. 9. TRANSFER OF TITLE. Subject to tender or payment at closing as required herein and CADo menu and Settings \pgofBLo lSettings\Temporary Intmet FiWOLKI Wohosha_PS 3(2).dw compliance by Buyer with the other terms and provisions hereof, Seller shall execute and deliver a good and sufficient warranty deed to Buyer, on closing, conveying the Property free and clear of all taxes except the general taxes for the year of closing, and except matters shown by public records satisfactory to Buyer. Title shall be conveyed free and clear of all liens for special improvements installed as of the date of Buyer's signature hereon, whether assessed or not; except (i) distribution utility easements (including cable TV); (ii) those matters reflected by the Title Documents accepted by Buyer in accordance with subsection 6(a); (iii) those rights, if any, of third parties in the Property not shown by the public records in accordance with Subsection 6(b); (iv) inclusion of the Property within any special taxing district; and (v) subject to building and zoning regulations. 10. PAYMENT OF ENCUMBRANCES. Any encumbrance required to be paid shall be paid at or before closing from the proceeds of this transaction or from any other source. 11. CLOSING COSTS, DOCUMENTS AND SERVICES. Buyer and Seller shall pay, in Good Funds, their respective closing costs and all other items required to be paid at closing, except as otherwise provided herein. Fees for real estate closing services provided by the title company shall be paid by Buyer. Buyer and Seller shall sign and complete all customary or required documents at or before closing. 12. PRORATIONS. General taxes for the year of closing, based on the taxes for the calendar year immediately preceding closing, rents, water and sewer charges, homeowner's association dues, and interest on continuing loan(s), if any, shall be prorated to date of closing. 13, POSSESSION. Possession of the Property shall be delivered to Buyer at closing. If Seller, after closing, fails to deliver possession on the date herein specified, Seller shall be subject to eviction and shall be additionally liable to Buyer for payment of $500 per day from the date of agreed possession until possession is delivered. 14. CONDITION OF AND DAMAGE TO PROPERTY. Except as otherwise provided in this contract, the Property and Inclusions shall be delivered in the condition existing as of the date of this contract, ordinary wear and tear excepted. In the event the Property shall be damaged by fire or other casualty prior to time of closing, in an amount of not more than ten percent (10 %) of the total purchase price, Seller shall be obligated to repair the same before the date of closing. In the event such damage is not repaired within said time or if the damages exceed such sum, this contract may be terminated at the option of Buyer. Should Buyer elect to carry out this contract despite such damage, Buyer shall be entitled to credit for all the insurance proceeds resulting from such damage to the Property and Inclusions, not exceeding, however, the total purchase price. Should any Inclusion(s) or service(s) fail or be damaged between the date of this contract and the date of closing or the date of possession, whichever shall be earlier, then Seller shall be liable for the repair or replacement of such Inclusion(s) or service(s) with a unit of similar size, age and quality, or an equivalent credit, less any insurance proceeds received by Buyer covering such repair or replacement. 15. TIME OF ESSENCElREMEDIES. Time is of the essence hereof. If any note or check received as earnest money hereunder or any other payment due hereunder is not paid, honored or tendered when due, or if any other obligation hereunder is not performed or waived as herein provided, there shall be the following remedies: CADocuments and Sdtkg4gofrj oc ] Seuings\Tempoafy htt mct Fii DLKI %Vohoska_PS_3 (2)doc (a) IF BUYER IS IN DEFAULT (Specific Performance). Seller may elect to treat this contract as cancelled, in which case all payments and things of value received hereunder shall be forfeited and retained on behalf of Seller, or Seller may elect to treat this contract as being in full force and effect and Seller shall have the right to specific performance. Seller waives all rights to recover damages against Buyer, except the retention of the Earnest Money in the event of default by Buyer. (b) IF SELLER IS IN DEFAULT. Buyer may elect to treat this contract as cancelled, in which case all payments and things of value received hereunder shall be returned and Buyer may recover such damages as may be proper, or Buyer may elect to treat this contract as being in full force and effect and Buyer shall have the right to specific performance or damages, or both. (c) COSTS AND EXPENSES. Anything to the contrary herein notwithstanding, in the event of any arbitration or litigation arising out of this contract, the arbitrator or court shall award to the prevailing party all reasonable costs and expenses, including attorney fees. 16. ADDITIONAL PROVISIONS: Are attached as Exhibit A and incorporated by this reference. (The language of these additional provisions has not been approved by the Colorado Real Estate Commission.) 17. RECOMMENDATION OF LEGAL COUNSEL. By signing this document, Buyer and Seller acknowledge that the Selling Company or the Listing Company has advised that this document has important legal consequences and has recommended the examination of title and consultation with legal and tax or other counsel before signing this contract. 18. TERMINATION. In the event this contract is terminated, all payments and things of value received hereunder shall be returned and the parties shall be relieved of all obligations. c.\Do nenu and SettftsWafl\Local Sellings\T —Pcaau Internet Files\OLK] wohoska_PS 3 MAN WHEAT RIDGE URBAN RE rL AUTHORITY — BUYER By: Terrell Williams, Chairman Date: December 17, 2007 Buyer's Address: Wheat Ridge Urban Renewal Authority 7500 W 29th Ave Wheat Ridge, CO 80033 -8001 VERNON AND MARJJO V HOSKA - SELLER By: Vernon Vohoska Date: CJ yy job ' C9 By: ��-a✓ Majorie,Yoi Date: o Seller's Address: \ b � �� ' � © % YX �5�5� c 'C' � C.\Dmuments and Setting',\pgotNLocal Settings \Temporary lntemet F W \OLK lwohosha — PS 3 (2).doc EXHIBIT A To that certain Contract to Buy and Sell Real Estate dated December 17, 2007, by and between Vernon and Mariogie Vohoska, collectively as Seller, and the Wheat Ridge Urban Renewal Authority, as Buyer, regarding the acquisition of any and all interest in the land described herein. To the extent these Additional Provisions conflict with, modify, or supplement other portions of the Contract, the provisions contained in these Additional Provisions shall govern and control the rights and obligations of the parties. ADDITIONAL PROVISIONS (continued): 16.A. Broker Commission Both parties agree that there is no broker commission to be paid. 16.B. Facsimile Signatures Facsimile signatures are acceptable. 16.C. Counterparts This Contract maybe executed in any number of counterparts, each of which shall be considered an original for all purposes, and all of which when taken together shall constitute one and the same Contract. 16.D. Notices Any notices which a party desires or is required to give hereunder shall be in writing and shall be deemed given when delivered personally to each party, delivered by facsimile, or deposited in the United States mail, postage prepaid, either registered or certified, return receipt requested, to the parties at the following addresses: Seller: V e.'CIV - 10 \ 6" \\2'C ohe. 5ah Attn: Buyer: Wheat Ridge Urban Renewal Authority Attn: Patrick Goff, Executive Director 7500 W 29th Ave Wheat Ridge, CO 80033 -8001 16.E. Next Businessl) : In the event any date described herein for payment or performance of the provisions hereof falls on a Saturday, Sunday or legal holiday, the time for such payment or performance shall be extended to the next business day. 16.F. Entire Document Seller and Buyer acknowledge that there are no statements, warranties, or representations between them that are not included in this contract, and this contract shall not be modified or changed in any manner, unless in writing, and executed by all the parties hereto. C- \Documents a1t4settings%pg0ML00al Seftings\Tonpomy Internet Fi1e9\0LKIwo6as1a_PS-3 (2)AM 16.G. Survival of Contract Provisions To the extent that the provisions herein set forth require performance to be completed subsequent to the closing, such provisions shall survive the closing and be binding upon the parties hereto, and shall not merge into the deed or deeds to be delivered in accordance with this Contract. 16.H. Hazardous Materials Seller has not used hazardous materials (as defined hereinafter) on, from, or affecting the Property in any manner which violates federal, state, or local laws, ordinances, rules, regulations, or policies governing the use, storage, treatment, transportation, manufacture, refinement, handling, production, or disposal of hazardous materials, and that, to thebest of Seller's knowledge, no person or entity has used hazardous materials on, from, or affecting the Property in any manner which violates federal, state, or local laws, ordinances, rules, regulations, or policies governing the use, storage, treatment, transportation, manufacture, refinement, handling, production, or disposal of hazardous materials. Seller has never received any notice of any violations of federal, state, or local laws, ordinances, rules, regulations, or policies governing the use, storage, treatment, transportation, manufacture, refinement, handling, production, or disposal of hazardous materials, and, to the best of Seller's knowledge, there have been no actions commenced or threatened by any person or entity for noncompliance therewith. For purposes of this Contract, "hazardous materials" shall mean and include any flammable explosives, petroleum (including crude oil) or any fraction thereof, radioactive materials, hazardous wastes, toxic substances or related materials, including, without limitation, asbestos, formaldehyde compounds, PCBs, radon, and any other substances defined as or included in the definition of toxic or hazardous substances, wastes, or material sunder any federal or applicable state or local laws, ordinances, or regulations dealing with or otherwise pertaining to toxic or hazardous substances, wastes, or materials. 16.1. Survey Seller shall provide to Buyer an existing survey prepared and sealed by a surveyor that is licensed in the State of Colorado on or before February 1.2008 The Buyer shall have until March 3, 2008 to notify Seller of any defects in the survey or boundary line. Seller shall have until March 21. 2008 to correct any defects or boundary line discrepancy. In the event Seller does not correct these defects within the time specified, this Contract may, at the Buyer's sole discretion, be terminated and the earnest money shall be returned in full to Buyer. 161 Inspection Seller shall allow Buyer and all authorized representatives of Buyer to enter upon the Property during normal business hours from time to time prior to closing in order to inspect the Property, to conduct soil tests, well drilling, and other developmental drilling, studies or tests. If any mechanic's lien is indirectly claimed under, by or through Buyer, Buyer shall cause same to be discharged of record (whether by payment and release or by bonding over it pursuant to statute) within twenty (20) days after it was recorded. 16.K. Financing Buyer's obligation to purchase the Property shall be conditional upon Buyer's receipt of financing satisfactory to Buyer in Buyer's sole discretion. hi the event Buyer does not obtain financing satisfactory to Buyer this Contract may, at the Buyer's sole discretion, he terminated any time prior to closing and the earnest money shall be returned in full to Buyer. C\Documents and seaings\pgofRLocal Settingffemporary Wunet FiIsNOLKiXVohoska_PS_3 MAm 16.L. Purchase of Karl Properties Buyer's obligation to purchase the Property shall be conditional upon Buyer's purchase of two related parcels of property owned by Milloie E. Karl, described as follows: 7340 West 44 Avenue, Wheat Ridge, Jefferson County, Colorado, Parcel ID Nos. 39 -234- 00-096 and 39- 234 -00 -009 with a more detailed description set forth in Exhibit B (the "Karl Properties "). In the event Buyer does not purchase the Karl Properties before or at the time of closing for the Property, Buyer at the Buyer's sole discretion, may terminate this Contract any time prior to closing and the earnest money shall be returned in full to Buyer. 16.M. Extension of Option The Purchase Option Agreement entered into by and between the parties on January 3, 2007, is hereby amended to extend the term of the option until the date of closing as set forth in Section S of this contract and to any subsequent extensions of the date of closing as agreed to by the parties. SELL ? BUYER: Wheat Ridge Urban Renewal Authority Chairman C:\Docwnmts and Settings\pgoffiLocal Settinp%TempMq ]ntemet Files10LK31Volmka_PS_3 (2).doc EXHIBIT B DESCRIPTION OF KARL PROPERTIES THE W %s OF THE NE '/a NW '/a SE '/a OF SECTION 23, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH P.M., EXCEPTTHE NORTH 30 FEET IN USE AS WEST 44TH AVENUE, EXCEPT THE EAST 25 FEET IN USE AS UPHAM STREET, AND EXCEPT THE EAST 125 FEET OF THE NORTH 130 FEET THEREOF, AND EXCEPT THAT PORTION CONVEYED TO THE CITY OF WHEAT RIDGE IN DEED RECORDED JUNE 30, 1987 UNDER RECEPTION NO. 87085220, COUNTY OF JEFFERSON, STATE OF COLORADO with Parcel ID No. 39- 234 -00 -096 and with a street address of 7340 West 44' Avenue, Wheat Ridge, Jefferson County, Colorado, and Parcel ID 39- 234 -00 -009, with a street address of 7340 West 44 Avenue, Wheat Ridge, Jefferson County, Colorado. 10 CADmuments and SettingsVSollU.ocal Senings\Tempomty Fntemet Files\OL Clwohoska_PS 312).doo HAYES, PHILLIPS, HOFFMANN & CARBERRY, P.C. 1350 Seventeenth Street, Suite 450 Denver, Colorado 80202 -1576 Telephone: (303) 825 -6444 Facsimile: (303) 825 -1269 John E. Hayes Corey Y. Hoffmann Kendra L. Carberry Jefferson H. Parker Fairplay Office 675 Main Street P.O. Box 1046 Fairplay, CO 80440 Telephone: (719) 836-9005 Facsimile: (719) 836 -9010 Hilary M. Graham Gregory D. Graham Charissa A: Eckhout Of Counsel Herbert C. Phillips April t6,2008 Attn: Jodie King LandAmerica 710 Kipling St., Suite 403 Lakewood, Colorado 80215 Re: Wheat Ridge Urban Renewal Authority — Closing Documents and Related Material Dear Jodie: Enclosed, please find all the documents necessary to close on the purchase and sale of the Karl and Vohoska properties in the City of Wheat Ridge. I have enclosed the following documents: Karl Closine Closing documents Closing instructions Purchaser's Settlement Statement Seller's Settlement Statement Real Estate Tax Agreement Real Estate Water and Sewer Agreement Real Property Transfer Declaration Final Affidavit and Agreement Warranty Deed Quit Claim Deed 4116108 QAUSERSWWURAfKARLVOHOSKACLOSINGILANDAMERLCA- COVERLETIER- LOI.DOC April 16, 2008 Page 2 Rate Classification Disclosure Payoff Letter Payoff Instructions Payoff Indemnification Agreement Seller's Certification of Non-Foreign Status DR 1083 Substitute Form 1099 S Purchase and Sale Agreement Agreement dated March 17, 2008 First Addendum Second Addendum Other Escrow Wiring Instructions Affidavit of Milloie E. Karl (pertaining to month -to -month leases) Vohoska Closin¢ Closing documents Closing instructions Purchaser's Settlement Statement Seller's Settlement Statement Real Estate Tax Agreement Real Estate Water and Sewer Agreement Final Affidavit and Agreement Warranty Deed Rate Classification Disclosure DR 1083 Seller's Certification of Non - Foreign Status ( Majorie Vohoska) Seller's Certification of Non - Foreign Status (Vernon Vohoska) Substitute Form 1099 S Escrow Instructions (and Exhibit A and Schedule A and B, and Schedule B Attachmnent) Purchase and Sale Agreement Agreement dated December 17, 2007 Other Affidavit of Majorie Vohoska (pertaining to leases) Affidavit of Vernon Vohoska (pertaining to leases) I believe these are all the documents necessary to complete the closing tomorrow, April 17, 2008. If you have any questions or concerns, please do not hesitate to contact me at my 4/16/06 �IUSERSIWRURAIKARLVOHOSKACLOSINGILANDAMER ICA_COVERLEMR_LOI.DOC April 16, 2008 Page 3 office, or if I am out of the office, on my mobile phone at 303 - 905 -2393. Thank you very much for your assistance with this matter. I truly appreciate your hard work in pulling all the documents together. Very truly yours, Jason H. Parker i h.narker@.hphcl aw.com Encl. Closing documents for Karl and Vohoska properties CC. Milloie E. Karl Vernon and Marjorie Vohoska Patrick Goff, WRURA Executive Director 4/!6/08 Q: IUSERSiWRURAIKARLVOHOSKACLOSlNGiLA NDAA4ERlCA_COVERLETTER_LOI.DOC CLOSING INSTRUCTIONS THIS IS A LEGAL INSTRUMENT. IF NOT UNDERSTOOD, LEGAL, TAX OR OTHER COUNSEL SHOULD BE CONSULTED BEFORE SIGNING. TO: Trananation Title Insurance Company RE: 7340 W 44th Ave DATE: April 17, 2008 Wheat Ridge, CO 8003 1. PARTIES, PROPERTY. Millole Karl (Seller) and Wheat Ridge Urban Renewal Authority (Buyer) engage Transnation Title Insurance Company (Closing Agent) who agrees to provide dosing and settlement services in connection with the dosing of the following described real estate in the County of Jefferson, Colorado, to wit: W2 NE NW SE EX E25 & EX N30 & EX N130 OF E100 THEREOF CON 4.182 AM /L KEY 252 23 -3 -69 4.161 AM /L EX 87085220 .015 A M/L TO CITY OF WHEATRIDGE IN NW COR Also known as: 7340 W 44th Ave, Wheat Ridge, CO 80033; 7•349-Yh4i ow 2. INFORMATION, PREPARATION. Closing Agent is authorized to obtain information, and agrees to prepare, obtain, deliver and record all documents, excluding preparation of legal documents, necessary to carry out the terms and conditions of the contract to buy and sell real estate, dated -lea w C 1 ith ALL amendments and counterproposals attached (Contract), and made part of this document. (i41 , Sapp$ y� 3. CLOSING FEE. Closing Agent will receive a fee not to exceed $230.DO for providing these closing and settlement services to be the expense of 1/2 Buyer and 1/2 Seller. 4. GOOD FUNDS. Closing agent is authorized to receive funds and to disburse funds when all funds received are either. (a) available for immediate withdrawal as a matter of right from the financial institution in which the funds have been deposited; (b) or are available for immediate withdrawal as a consequence of an agreement of a financial Institution in which the funds are to be deposited or a financial institution upon which the funds are to be drawn (Good Funds). S. RELEASE, DISBURSEMENT. Closing Agent is not authorized to release any documents or things of value prior to receipt and disbursement of Good Funds, except as provided in paragraphs 10, 11 and 17. 6. DISBURSER. Closing Agent shall disburse all funds in closing except those funds as may be separately disclosed in writing to Buyer and Seller by Closing Agent or Buyer's lender on or before closing. 7. SELLER'S NET PROCEEDS. Seller will receive the net proceeds of closing as indicated: _ Closing Agent Trust Account Check — Cashier's Check at Seller's expense x_ Funds Electronically transferred to an account specified by Seller at Seller's expense S. FURNISH INFORMATION AND DOCUMENTS. Buyer and Seller will furnish any additional Information and documents required by dosing Agent which will be necessary to complete this transaction, and Buyer and Seller further agree to sign and complete all and customary required documents at closing to fulfill the Contract 9. CLOSING STATEMENT. Closing Agent will prepare and deliver an accurate, complete, and detailed dosing statement to Buyer and Seller at time of dosing. 10. FAILURE OF CLOSING. If dosing does not occur, Closing Agent, except as provided herein, is authorized and agrees to return all documents, monies, and things of value to the depositing party and Closing Agent will be relieved from any further duty, responsibility or liability In connection with these instruments. In addition, any promissory note, deed of trust or other evidence of indebtedness signed by Buyer, shall be voided by Closing Agent, with the onginai(s) returned to Buyer and copy to Buyer's lender. 11. EARNEST MONEY DISPUTE. Except as otherwise provided herein, Closing Agent shall release the Earnest Money as directed by written mutual instructions signed by botb Buyer and Seller. In the event of any controversy regarding the Earnest Money held by Closing Agent (notwithstanding any termination of the Contract). Closlna Aoent shall not be required to take any action. Closma Agent, at its option and sole 13. WITHHOLDING. The Internal Revenue Service and the Colorado Department of Revenue may require Closing Agent to withhold a substantial portion of the proceeds of this sale when Seller either (a) is a foreign person or (b) will not be a Colorado resident after Closing. Seller should inquire of Seller's tax advisor to determine If withholding applies or if an exemption exists. 14. SPECIAL INSTRUCTIONS. None 1S. COUNTERPARTS. This document may be executed by Buyer. Seller and Closing Agent, separately, and when each party has executed a copy such copies taken together shall be deemed to be a full and complete contract between the parties. 16. TAXES AND SPECIAL ASSESSMENTS. The Closing Agent is to comply with the Instructions of the Buyer's Lender regarding the payment of all real property taxes and special assessments despite any provision in these printed Closing instructions or the Sale and Purchase Agreement to the contrary. The parties agree to, and do hereby, hold Closing Agent and the Title Insurance Company harmless regarding said real property taxes and special assessments paid or to be paid by others. 17. ESCROW MONEY DISPUTE. If any confNcting demands are made on the Closing Agent, at it's sole discretion, Closing Agent may hold any monies, documents, and things of value received from any party except Buyer's lender. Closing Agent shall retain such Items until (1) receipt of mutual written instruction from Buyer and Seller; or (2) until a civil action between Buyer and Seller shall have been finally concluded in a Court of competent Jurisdiction; or (3) in the alternative, Closing Agent may, In Its' sole discretion, commence a civil action to interp €ead, or, interplead in any existing civil action, any documents, monies or other things of value received by Closing Agent. Such deposit with the Court shall relieve Closing Agent of all further liability and responsibility and Closing Agent shall be entitled to all court costs and reasonable attorney's fee. 18. NOTICE, DELIVERY AND CHOICE OF LAW. a. Physical Delivery. Except as provided in § 18b below, all notices must be in writing. Any notice to Buyer shall be effective when received by Buyer or Selling Brokerage Firm, any notice to Seller shall be effective when received by Seller or Listing Brokerage Firm, and any notice to Closing Agent shall be effective when physically received by Closing Agent. b. Electronic Delivery. As an alternative to physical delivery, any signed documents and written notice may be delivered in electronic form by the following indicated methods only: ❑ Facsimile ❑ E -mail ❑ No Electronic Delivery. Documents with original signatures shall be provided upon request of any party. e. Choice of Law. This contract and all disputes ansing hereunder shall be governed by and construed in accordance with the laws of the State of Colorado that would be applicable to Colorado residents who sign a contract in this state for property located in Colorado. APPROVED AND ACCEPTED MAAS 7 ' Wheat Ridge Urban Renewal Authority By` Terrell Williams, Chairman Closing Agent: Transnation Title Insurance Company Escrow Officer: Jodie King LandAmerica Transnation Title Insurance Company 710 Kipling Street, Suite 403 Lakewood, CO 80215 Settlement Date: 04/17/2008 Proration Date: 04/17/2008 PURCHASER'S SETTLEMENT STATEMENT Buyer(s): Wheat Ridge Urban Renewal Authority Seller(s): Milloie Karl Property: 7340 W 44th Ave Wheat Ridge, CO 80033 W2 NE NW SE EX E25 & EX N30 & EX N130 OF E100 THEREOF CON 4.181 AM /L KEY 252 23 -3 -69 4.181 AM /L EX 87085220 .015 A M/L TO CITY OF WHEATRIDGE IN NW CDR Property: 7340 W 44th Ave Wheatrdge, CO 80033 23 -3-69 SE 181#011 Contract Sales Price Sewer /7340 4/17/2008 to 1/1/2009 Sewer /7350 4/17/2008 to 1/1/2009 Deposit or earnest money Principal amount of new loan(s) Option per contract County taxes 1/1/2008 to 4/17/2008 Loan Origination Fee % to FirstBank of WheatRidge Appraisal Fee to J.R. Meurer and Company, Inc. POC (8) $3,500.00 Appraisal Fee to J.R. Meurer and Company, Inc. POC (L) $500.00 Flood Determination to FIS Release Fee to FirstBank of WheatRidge Settlement or closing fee to LandAmerica Transnation Attorney's fees to RJL Title insurance to LandAmerica Transnation Tax Information Services to LandAmerica Transnation Recording Fees: Deed $11.00 Mortgage $92.00 State Tax /Stamps Recording QCD to Jefferson County Clerk and Recorder Environmental Review to Freedom Envioronmental Consultants $1,950,000.00 $164.17 $82.09 $16,425.00 $14.00 $42.00 $230.00 $2,200.00 $125.00 $60.00 $103.00 $195.00 $11.00 $250.00 CREDIT $75,000.00 $1,867,500.00 $7,500.00 $9,288.40 Sub Tota1 $1,969,901.26 $1,959,288.40 Balance Due From Purchaser Total $1,969,901.26 The above figures do not include sales or use taxes on personal property. $10,612.86 $1,969,901.26 APPROVED AND ACCEPTED LandAmerica Transnation Title Insurance Company 710 Kipiing Street, Suite 403 Lakewood, CO 80215 Settlement Date: 0411712006 SELLER'S SETTLEMENT STATEMENT Proration Date: 04/17/2008 Seller(s): Milloie Karl Buyer(s): Wheat Ridge Urban Renewal Authority Property: 7340 W 44th Ave Wheat Ridge, CO 80033 W2 NE NW S£ EX E25 & EX N30 & EX N130 OF E100 THEREOF CON 4.181 AM /L KEY 252 23 -3-69 4.181 AM /L EX 87085220 .015 A M/L TO CITY OF WHEATRIDGE IN NW CDR Property: 7340 W 44th Ave Wheatridge, CO 80033 23 -3 -69 SE DEBIT CREDIT Contract Sales Price $1,950,000.00 Sewer /7340 4/1712008 to 111/2009 $164.17 Sewer /7350 4/17/2008 to 1/112009 $82.09 Hazardous Materials abatement $75,000.00 Pay -off IstBank to FirstBank of Wheat Ridge $708,636.92 County taxes 1/112008 to 411712008 $9,288.40 Title Insurance to LandAmenca Transnation $2.027.00 Release Facilitation Service Fee to LandAmenca Transnation $40.00 Courier Services Fee to LandAmerica Transnation $25.00 2nd half 2007 Real Estate Taxes to 3afferson County Treasurer $15.885.77 WheatRidge water escrow $100.00 Escrow for Parcel 39- 234 -00 -009 $75 ,000.00 Sub Total $886,003.09 $1,950,246.26 Balance Due To Seller $1,064,243.17 Total $1,950,246.26 $1,950,246.26 The above figures do not include sales or use taxes on personal property. APPROVED AND ACCEPTED C� MifloidKarl LandAmenca Transnation Title Insurance Company By: Jodie King Escrow Officer File No.: 43- 0062008 REAL ESTATE TAX AGREEMENT I. With respect to the property known as 7340 W 44th Ave, Wheat Ridge, CO 80033, Buyer and Seller understand and agree that taxes for the current year have been prorated as of this date on the basis of: The most recent assessment ($ ) and mill levy () as obtained from the County Assessor's/Treasurer's Office. Tax proration was based on taxes for the calendar year Immediately preceding closing. ($9,288.40 has been prorated based on a total of $31,771.54.) No prorations have been made. Other: Such proration shall be a final settlement unless otherwise agreed to in writing by buyer and seller. If the proration Is not a final settlement, the Buyer and Seller being the undersigned hereto, hereby agree that they assume full responsibility for pursuing and effecting the adjustment, and that Transnation Title Insurance Company shall have no responsibility in regard thereto. ASSESSMENTS II. It Is understood and agreed by and between the Buyer and Seller that: X Seller hereby certifies to the Buyer and the Escrow Agent that there are no special assessments or outstanding tax sales affecting subject property. ____ Unless otherwise agreed to in writing by the parties, Special Improvements installed as of the date of Buyer's signature on the contract for the purchase and sale of real estate, whether assessed or not, shall be paid by Seller and paid in full. — Special Improvements now in and being paid in annual installments are to be assumed by the Buyer. Zn the event information concerning real estate property taxes and speclal assessments is obtained verbally from the County Assessor's /Treasurer's ice, Transnation Title Insurance Company shall have no liability for any erroneous information. DATED: April 17, 2008 APPROVED AND ACCEPTED Buyer Wheat Ridge Urba {�./ \ A B y Terrell Williams, Chairman Seller z224 Miliole Karl File No. 43- 0002008 REAL ESTATE WATER AND SEWER AGREEMENT Closing Date: April 17, 2008 It is hereby understood and agreed between the purchaser(s) and seller(s) of property known as: 7340 W 44th Ave, Wheat Ridge, CO 80033; 7340 W 44th Ave, Wheatridge, CO 80033. The water and sewer account is: _ Metered: Escrow Agent has withheld $ pending receipt of a final water /sewer statement. Funds withheld in excess of the amount due on the final statement shall be returned to the seller. Flat Rate for the following service for the billing period from through in the amount of $ is: _ paid _ due. Escrow Agent has prorated water /sewer account from date of closing per contract. Escrow Agent has prorated the storm drainage assessment for the billing period from through in the amount of $ is: _ paid _ due. Water /sewer are included in the HOA dues. Escrow Agent has not adjusted for water and sewer. Adjustment required will be made between buyer(s) and seller(s) and are not a part of the closing. Property is well and septic; no adjustment or proration required. X Escrow Agent has received the final water /sewer statement. Any payment(s) as indicated on the settlement statement shall be considered a final settlement. Other: If funds withheld and /or prorated are insufficient to pay the final water /sewer statement In full, then Escrow Agent shall make a partial payment equal to the withheld funds. Escrow Agent shall mail seller and purchaser a copy of the check and final statement. Escrow Agent shall have no further responsibility and seller and /or purchaser must complete payment. OTHER UTILITIES ADJUSTED OUTSIDE OF CLOSING The undersigned Buyer(s) and Seller(s) agree that the payment and /or adjustment of any other utility(ies), including but not limited to gas, electric, cable, etc., shall take place outside closing, if at all. Buyer(s) and Seller(s) agree that they assume full responsibility for pursuing and effecting such payment and /or adjustment, and that Transnation Title Insurance Company shall have no responsibility in regard thereto. APPROVED AND ACCEPTED: Buyer Seller Wheat Ridge Urban Renewal Authority f7 A��=- I ,? Milloie Karl By /Lfv� �C�tx'�� Terrell Williams, Chairman LandAmerica 710 Kipling Street, Suite 403 Lakewood, CO 80215 Phone: 303 - 987 -0471 Fax: 866.601 -8036 REAL PROPERTY TRANSFER DECLARATION (TO — 1000) GENERAL INFORMATION PuEpose1 The Real Property Transfer Declaration provides essential information to the county assessor to help ensure fair and uniform assessments for all property for property tax purposes. Refer to 39 -14- 102(4). Colorado Revised Statutes (C,R.S.) $egy(remepg1 All Conveyance documents (deeds) subject to the documentary fee submitted to the county clerk and recorder for recordation must be accompanied by a Real Property Transfer Declaration. This declaration must be completed and signed by the grantor (seller) or grantee (buyer). Refer to 39-14- 102 (1) (a), C.R.S. Penalty for Noneorndlanc e. Whenever a Real Property Transfer Declaration does not accompany the deed, the clerk and recorder notifies the county assessor who will send a notice to the buyer requesting that the declaration be returned within thirty days after the notice is mailed. If me Real Property Transfer Declaration Is not returned to the county assessor within the thirty days of notice, the assessor may impose a penalty of $25.00 or .025% (.00025) of the sale price, whichever is greater. This penalty may be imposed for any subsequent year that the buyer fails to submit the declaration until the property is sold. Refer to 39-14-102 (1) (b). C.R.S. Confidentiality: The assessor is required to make the Real Property Transfer Declaration available for inspection to the buyer. However, it is only available to the seller if the miler filed the declaration. Information derived from the Real Property Transfer Declaration is available to any taxpayer or any agent of such taxpayer subject to Confidentiality reouirements as orovided by law. Refer to 39 -5- 121.5. C.R.S. and 39 -13 -102 (5L Lc c ). C.R.S. 1. Address and /or legal description of the real property sold: (Please do not P.O. box numbers) 7340 W 44th Ave, Wheat Ridge, CO 80033; 7340 W 44th Ave, wheatrldge, CO 80033 The West 1/2 of the Northeast 114 of the Northwest 1/4 of the Southeast 1/4 of Section 23, Township 3 South, Range 69 West of the 6th P.M., Except the North 30 feet, in use as West 44th Avenue, Except the East 25 feet in use as Upham Street, Except the East 125 feet of the North 130 feet thereof and Except that portion conveyed to the City of Wheat Ridge in Deed recorded June 30, 1957 at Reception No. 87085220, County of Jefferson, State of Colorado 2. Type of property purchased: Single Family Residential ❑ Townhome ❑ Condominium ❑ Multi -Unit Res ® commercial ❑ industrial ❑ Agricultural ❑ Mixed Use ❑ Vacant Land ❑ Other 3. Date of Closing: April 17, 2008 March ,.f g Date of contract If different from date of closing: - ienaeP/4, io8g March f't 4. Total Sales Price: $1,950,000.00 Including all real and personal property 5. Was any personal property included In the transaction? Personal property would Include, but is not limited to, carpeting, drapes, freestanding appliances, equipment, Inventory, fumiture. If the personal property is not listed, the entire purchase price will be assumed to be for the real pro erty as per 3� -102, C.R.S. Lj Yes IN No If yes, approximate value $ Describe 6. Did the total sale price Include a trade or exchange of additional real or personal property? If yes, give the approximate value of the goods or services as of the date of closing. ❑ Yes DI No If yes, value $ If yes, does this transaction Involve a trade under IRS Code Section 10317 ❑ Yes ❑ No 7. Was 100% interest in the real property purchased? Mark "no" If only a partial interest Is being purchased. IN Yes ❑ No If no, Interest purchased S. Is this a transaction among related parties? Indicate whether the buyer or seller are related. Related parties Include persons within the same family, business affiliates, or affiliated corporation. ❑ Yes X No 9. Check any of the following that apply to the condition of the improvements at the time of purchase. ❑ New ❑ Excellent ❑ Good X Average ❑ Fair ❑Poor ❑ Salvage 10. Total amount financed: $1,867,90.00 11. Type of financing: (check all that apply) ](L�J New [] Assumed ❑ Seller ❑ Third Party Combination; Explain 12. Terms: O Variable: Starting interest rate ® Fixed: Interest ra Balloon i� Length on payment Yes ❑ No (If yes) Amount: $ �P 770 /OL Due Date 13. Please explain any special terms, seller concessions, or financing and any other Information that would help the assessor understand the terms of the sale: For properties other than residential (Residential Is defined as: single family detached, townhomes, apartments, and condominioms) please complete the questions 14-16 if appllcable. Otherwise, skip to #17 to complete. 14. Did the purchase price Include a franchise or license fee? ❑ Yes 1" No If yes, franchise or license fee value? Lai C" All future correspondence (tax bills, property valuations, etc.) regarding this property should be mailed to: �fff -,t 1 di eeb CCn L � o �t ry�1 �j ,p Daytime Phone 20,'_ 23 S 1 i m b0 � Address (mailing) 'wl/ W �7 fJV� JSG 7� � � b� A . VA' RI� 9Quc� a�t Rew�af �cC�DCe�� M FINAL AFFIDAVIT AND AGREEMENT The undersigned (collectively and /or individually, "Affiant") being first duty sworn, and under penalty of perjury on oath do state, covenant with and warrant to Transnation Title Insurance Company and /or the Grantee(s) Wheat Ridge Urban Renewal Authority: 1. That Affiant has an interest in the land described in Transnation Title Insurance Company Commitment/Policy No. 43- 0002008 and /or in the proceeds from the sale and /or refinance of the land described as follows: See Legal Description in the above- referenced Title Commitment/Policy Property Address: 7340 W 44th Ave, Wheat Ridge, CO 80033 2. That no labor or material has been furnished to the subject property within the last six months and there are no pending contracts for improvements to the subject premises. Exceptions, if any: 3. That since AEfiant acquired his/her /their its interest in the subject property, Affiant has not done or suffered to be done anything that could in any way affect the title to said property, and no proceedings have been filed by or against Affiant, nor has any judgment or decree been rendered against Affiant, nor is there any judgment note, other instrument or judicial proceeding that can result in a judgment or decree against Afflant within 60 days from the date hereof. Exceptions, If any: 4. That all water bills, taxes, real estate taxes and special assessments, except current bills, are paid, that all insurance policies assigned, if any, are paid, and that all Homeowner, Subdivision, and /or Condominium Association dues, if any, are paid current. S. That the improvements (house, garage, outbuildings, etc.) on subject property are within the boundary lines and setback lines, if any, of said property and do not encroach upon any easement or right of way; that there are no encroachments by improvements (fences, walkways, driveways, eaves, drains, etc.) on adjoining property onto subject property and that I /we(it know(s) of no assertion being made by any adjoining property owner, nor by me/us /it against them, as to the location of boundary lines or disputes as to occupancy of any portion of my /our /its property on their property except: 6. That AfBant is in undisputed and peaceful possession of the premises and no other parties have any rights or claims to the possession of the premises, except as set forth herein: This instrument is made to induce Transnation Title Insurance Company, to issue an owner's and /or loan title policy and Affiant agrees to indemnify the Grantee's and /or Transnation Title Insurance Company and /or Its assigns against any loss arising out of any false or erroneous statement(s) rendered therein. Dated: April 17, 2008 M3 0l Karl STATE OF COLORADO )SS ' COUNTY OF (/ 4 �� ) Subscribed and sworn to before me on Milloie Karl. _y &420't, a Witness my hand and official seal. ,/ n My C mmission Expires: Notary Public s oa WHEN RECORDED RETURN TO: Wheat Ridge Urban Renewal Authority 7340 W 44th Ave Wheat Ridge, CO $0033 WARRANTY DEED THIS DEED, dated April 17, 2008, between Miiloie Karl of the County of Jefferson and State of Colorado, grantor(s), and Wheat Ridge Urban Renewal Authority, whose legal address is 7340 W 44th Ave, Wheat Ridge, CO grantee(s): SDF $195.00 80033, of the County of Jefferson and State of Colorado, WITNESS, that the grantor(s), for and in consideration of the sum of One Million Nine Hundred Fifty Thousand and 00/100 Dollars ( ;1,950,000.00), the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the grantee(s), his heirs and assigns forever, all the real property, together with improvements, if any, situate, lying and being in the County of Jefferson and State of Colorado, described as follows: The West 1/2 of the Northeast 1/4 of the Northwest 114 of the Southeast 114 of Section 23, Township 3 South, Range 69 West of the 6th P.M., Except the North 30 feet, In use as West 44th Avenue, Except the East 25 feet in use as Upham Street, Except the East 125 feet of the North 130 feet thereof and Except that portion conveyed to the City of Wheat Ridge in Deed recorded June 30, 1987 at Reception No. 87085220, County of Jefferson, State of Colorado also known by street and number as: 7340 W 44th Ave, Wheat Ridge, CO 80033 TOGETHER with all and singular the hersditaments and appurtenances thereunto belonging, or In anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor(s), either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances; TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee(s), his heirs and assigns forever. The grantor(s), for himself, his heirs, and personal representatives, does covenant, grant, bargain and agree to and with the grantee(s), his heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and dear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever land or nature whatsoever, except general taxes for the year 2005 and subsequent years, and except easements, covenants, conditions, restrictions, reservationa and rights of way of record, if any. The grantor(s) shall and will WARRANT AND FOREVER DEFEND the above - bargained premises in the quiet and peaceable possession of the grantee(s), his heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITN I HEEREOF, the grantor has executed this deed on the date set forth above. GrJS f Milioie K rl ' Ir ` . 4T AR STATE OF COLORADO ) � )SS COUNTY OF ) (UTI A�-. The foregoing instrument was acknowledged before me on O by Milloie Kari. C n r rip WHEN RECORDED RETURN TO: Wheat Ridge Urban Renewal Authority 7500 W 29th Ave Wheat Ridge, CO 80033 QUIT CLAIM DEED THIS DEED, dated A PC i I I I d00 between Milloie Karl of the County of Jefferson and State of Colorado rGrantor') and Wheat Ridge Urban Renewal Authority whose legal address is 7500 W 29th Ave, Wheat Ridge, CO 80033 of the County of Jefferson and State of Colorado (°Grantee "): WITNESS, that the Grantor, for and in consideration of the sum of $10.00 (TEN AND NO /100ths) DOLLARS, the receipt and sufficiency of which is hereby acknowledged, has remised, released, sold and QUIT CLAIMED, and by these presents does remise, release, sell and QUIT CLAIM, unto the Grantee, his heirs and assigns forever, all the right, title, Interest, claim and demand which the Grantor has In and to the real property, together with Improvements, if any, situate, lying and being in the County of Jefferson and State of Colorado, described as follows: The North 134 feet of the South 272.3 feet of the East 8.45 feet of the East 1/2 of the Northwest 114 of the Northwest 114 of the Southeast 1/4 of Section 23, Township 3 South, Range 69 West of the 6th P.M., County of Jefferson, State of Colorado also known by street and number as: 7340 W 44th Ave, Wheat Ridge, CO TO HAVE AND TO HOLD the same, together with all and singular hereditaments and appurtenances thereto belonging, or in anywise thereunto appertaining and the reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the Grantor, either In law or equity, to the only proper use, benefit and behalf of the Grantee, his heirs and assigns forever. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF, the Grantor has executed this deed on the date set forth above. u i STATE OF COLORADO ) )SS COUNTY OF 9* A&94 The foregoing instrument was acknowledged before me o S by M €lloie Karl. Witness my hand and official seal. My commission Expires: N.2, a0TAgp . ' . ?� M LandAmerica RATE CLASSIFICATION DISCLOSURE NOTE: This is a sale transaction. The specific rate classifications applied to this transaction are disclosed in Schedule A of the commitment. A list of other rate classifications, including discount rates, that may apply are: Basic Rate Concurrent Rate Short Term Rate Expanded Bundled Concurrent Rate Builder /Developer Rate PLEASE ADVISE YOUR TITLE OFFICER IF YOU THINK YOUR TRANSACTION QUALIFIES FOR ONE OF THE ABOVE RATE CLASSIFICATIONS. Please acknowledge your understanding of the above by signing below. Wheat Ridge Urban Renewal Authority By _ 11?4 eL���t;�l..l_ Terrell Williams, Chairman Date: A � z Millaie Karl l Date: AQf) �s�aoo8 N LandAmerica April 17, 2008 FtrstBank of Wheat Ridge 4350 Wadsworth Blvd Wheat Ridge, CO 80033 Loan Number: 877 -8418 Borrower(s): Millote Karl Property Address: 7340 W 44th Ave Wheat Ridge, CO 80033 To Whom It May Concern: Enclosed please find a check in the amount of $708,636.92 which amount represents payment in full of the above referenced loan. Payoff check breakdown is as follows: Principal Balance /Payoff Statement Amount $706,302.14 Interest from 04/18/08 to 04/18/08 $137.34 Interest Through 4 -17 -08 $2,197.44 Pursuant to C.R.S. 38- 35- 124.5, we shall be entitled to reasonably rely on the amounts that are set forth in the written payoff statement. Please forward the original Note marked paid in full, the original Deed of Trust and a signed and notarized Release of Deed of Trust as soon as possible to: LandAmerica 710 Kipling Street, Suite 403 Lakewood, CO 80215 Pursuant to C.R.S. 38 -35 -124, upon satisfaction of indebtedness, creditor shall, within ninety days, record the documents necessary to release the lien. If the enclosed check is insufficient to fully satisfy the outstanding indebtedness, you are instructed to deposit the check immediately and to apply the funds as PARTIAL PAYMENT against the unpaid balance. You are further instructed to apply any outstanding impounds to the remaining payoff shortage, if any. PLEASE NOTIFY THE ESCROW OFFICE BELOW WITHIN 24 HOURS OF YOUR RECEIPT OF THIS TRANSMITTAL AS TO ANY SHORTAGE OR ANY PROBLEM PERTAINING TO THE PAYOFF AND RELEASE OF YOUR LOAN. The insurance policy, over - payment of interest, if any, or any other items to be sent back to the borrower(s) may be forwarded to them at the following address: 7340 W 44th Ave Wheat Ridge, CO 80033 If the loan is a revolving line of credit or other open -ended loan, then you are authorized and directed by the undersigned borrower(s) to close the account. I OF WHEAT RIDGE Requestor Hama: Attention: 3034552195 P.0141 4350 WADSMRTH BOULEVARD WHEAT RIDGE, COLORAM) 890:19 M"23.1400 April 9. 2008 LendAmeaica Jodie Ki.n Address /ram Mmher: (8665601 - 8 03 6 If P S Loan Number; 877 -841a Loan Type; X Conventsenal Contraction payoff Date: 4/17/2008 Rim —wing property Address: 7340 Aest 4a A.. Borrower (s) - wuloie Erwin Karl, Jr, oRSGIKAL MAX Abu=T $920.000.00 OHPAID pRiHCIPAL BALMM. Iw2'EREST TO PAYOFF DATE SHOWN BELOW: LATE rEES: prepayment peaalt .. T02A6 PAYOPP' DH OR ZBEURE 5706,302.14 $2,197.44 $0.00 $0.00 4/17/2008 $708,499.58 pLEASE 2MUT Mm ADDITIONAL $197.34 PER r)TM INTEREST CHARGE " EACH ADDITIOM DAY Ar= PAYOrr DATE 9BOAH ABOVE• IJM ADOITTONAL LATE CHARGE MAY BE ASSESSED ARTER my 24, 2008 Pleas. vpdsto statement prier to funds disbara.mant On 0onstEsEr4 n and arrevOl +* as additional advances /rate change may have z . '/Y ed SigaaMr. ?leass forward payoff funds to' FirstBank of wheat Ridge 4350 AadswOrth Blvd. wheat Ridge, CO 80033 Payoff Indemnification Agreement Date: April 17, 2008 Lender(s) Loan #(s): 877 - 8418 /FirstBank of Wheat Ridge Property Address: 7340 W 44th Ave, Wheat Ridge, CO 80033 The undersigned hereby acknowledges that Transnation Title Insurance Company (herein after referred to as Title Company) Is obligated to issue its Owners and /or Loan Policies free and dear of the above - referenced mortgage(s). In order to complete this transaction and to induce Title Company to issue its Policies and disburse all escrow proceeds, the undersigned hereby agree as follows: 1. These liens are debts of the undersigned and as such, the undersigned are responsible for full payment of these debts. 2. To immediately, upon notification, deposit with Title Company additional funds demanded by the fender to satisfy and release the above referenced mortgage(s). 3. To reimburse Title Company for any funds advanced to satisfy and release the liens) of the above mortgage(s). 4. To pay damages, court costs, attorney fees and expenses incurred by Title Company enforcing this agreement and obtaining the release of the above mortgages(s). S. That the terms of this agreement supercede any escrow, contract or Title Commitment/Policy duties owed by Title Company to the undersigned, but only to the extent that those are inconsistent or contradictory. Obligations as required by Investor /Lender and not a requirement of Title: 6. All borrowers/owners/sellers are responsible to send out their own charge card payments /payoff. Title Company will make the checks payable to the charge card company and provide them to the borrower at the time of disbursement. Title Company Is not responsible for verifying the accuracy of the obligations with the creditors. 7, Title Company may charge a fee for every stop payment or check copy request. The fee must be paid to Title Company in advance of any such request. FHA Loans: 8. The undersigned hereby understands that the payoff on the existing loan is an FHA payoff and that FHA guidelines requires the payment of payoff funds on or before the 1 3 t day of each month. 9. The undersigned agrees to pay any and all additional Interest due per FHA guidelines, if payoff funds are not received on time or accepted by the existing lender. 10.The undersigned understands that Title Company will overnight (next day delivery payoff funds to the existing lender. Title Company has no responsibility or control over the delivery or the delivery procedures of the express carrier or the acceptance of such deliveries by your existing lender. IN WITNESS WHEREOF, the parties have executed this agreement on April 17, 2008 Millo a Ka STATE OF COLORADO ) )SS COUNTY OF r ) The foregoing instrument was acknowledged before me on s o0 Lby Milloie Karl. Witness my hand and official seal. SELLER'S CERTIFICATION OF NON - FOREIGN STATUS Section 1445 of the Internal Revenue Code provides that a transferee (buyer) of a U.S. real property interest must withhold tax if the transferor (seller) is a foreign person. For U.S. tax purposes (including §1445), the owner of a disregarded entity (which has legal title to a U.S. real property interest under local law) will be the transferor of the property and not the disregarded entity. To Inform the transferee that withholding of tax is not required upon the transfer of the U.S. real property interest by Milloie Karl ("transferor"), the undersigned hereby certified the following: A. INDIVIDUAL TRANSFEROR(S) 1. I am not a nonresident alien for purposes of United States income taxation 2. My U.S. taxpayer Identification number (social security number) is 5G6' and 3. My home address is: se Current Address: ❑ Use Forwarding Address: 149 Sager Lane Bailey, CO 80421 e. The transferor understands that this certificate may be disclosed to the Internal Revenue Service, that any false statement contained in this certificate may be punished by fine or imprisonment or both, that transferee Is relying on this certificate In determining whether withholding is required, and that transferee may face liabilities if any statement in this certificate is false. C. Transferor hereby indemnifies transferee from any liability or cost which transferee may incur as a result of (1) the Seller's failure to pay any U.S. Federal income tax which such transferor is required to pay under applicable U.S. law, or (2) any false or misleading statement contained in this certification. Under penalties of perjury I declare that I have examined this certification and to the best of my knowledge and belief it is true, correct and complete. •Dated: Milloie Karl Notice to Transferor and Transferee - In the case of multiple transferors, Certification should be obtained from each. OR 1053 (00/03) COLORADO DEPARTMEMr OF REVENUE DENVER, CO 80:01.0005 303.330- URV(7378) INFORMATION WITH RESPECT TO A CONVEYANCE OF A COLORADO REAL PROPERTY INTEREST 1. Name(s) and address of transferor(s): Millole Karl 9Use Current Address: 149 Sager Lane Salley, CO 80421 ❑ use Forwarding Address: 2. Transferor is (check one): Individual ❑ Estate ❑ Corporation ❑ Trust ❑ Other 3. Social Security Number(s) or Colorado account number of transferor: -S&G 7q - $ 75 SS 4. Federal employer identification number of transferor: 5. Type of property sold: Commercial 6. Address or legal description of property sold: 7340 W 44th Ave, Wheat Ridge, CO 80033 7. pate of closing: April 17, 2008 S. Selling price of the property ... . .......... I..................... $1,950,000.00 9. Selling price of this transferor`s interest $ 10. If Colorado tax Is withheld, check this box ......................................................... ............................... ❑ 11. Amount of tax withheld ............... ............................... $ 12. If withholding is not made, give reason (check one): a. Affirmation of Colorado residency signed .............................. ............................... b. Affirmation of permanent place of business signed .. ............................... ❑ c. Affirmation of principal residence signed .............................. ............................... ❑ d. Affirmation of partnership signed ............................................. ............................... ❑ e. Affirmation of no tax reasonably estimated to be due or no gain on sale signed ❑ f. No net proceeds ........................................................................... ............................... ❑ Name, address and telephone number of the title Insurance company or other person providing closing and settlement services with respect to this transfer: LandAmerica 710 Kipling Street, Suite 403 Lakewood CO 80215 303 - 987 -0471 AFFIRMATION OF COLORADO RESIDENCY 1 (we) hereby affirm that I am (we are) the transferors) or the fiduciary of the transferor of the property described on this Form 1083 and that as of the date of closing I am (we are) or the estate or the trust is a resident of the State of Colorado ��//,r /� Signed under the penalty of perjury: ��� i� !� / �—^ Signature of transferor or fiduciary Date Spouse's signature if applicable Date AFFIRMATION OF PERMANENT PLACE OF BUSINESS 1 hereby affirm that the transferor of the property described on this Form 1083 is a corporation which maintains a permanent place of business in Colorado. Signed under the penalty of perjury: Signature of corporate officer Date AFFIRMATION OF SALE BY PARTNERSHIP I hereby affirm that the transfer of property described on this Form 1083 was sold by an organization defined as a partnership under section 761(a) of the Internal Revenue Code and required to file an annual federal partnership return of income under section 6031(a) of the Internal Revenue Code. Signed under the penalty of perjury: Signature of general partner Date AFFIRMATION OF PRINCIPAL RESIDENCE I (we) hereby affirm that I am (we are) the transferors) of the property described on this Form 1083 and immediately prior to the transfer it was my (our) principal residence which could qualify for the exclusion of gain provision of section 121 of the Internal Revenue Code. Signed under the penalty of perjury: Signature of transferor Date Spouse's signature if applicable Date AFFIRMATION OF NO REASONABLY ESTIMATED TAX TO BE DUE I (we) hereby affirm that I am (we are) the transferor(s) or an officer of the corporate transferor or the fiduciary of the estate or trust transferor of the property described on the front side of this form, and I (we) further affirm that there will be no Colorado Income tax reasonably estimated to be due on the part of the transferor(s) as the result of any gain realized on the transfer. Please understand before you sign this affirmation that nonresidents of Colorado are subj!ed to Colorado tax on gains from the sale of Colorado real estate to the extent such gains are included In federal taxable income. Signed under the penalty of perjury: Signature of transferor, officer, or fiduciary Spouse's signature if applicable Date Date SUBSTITUTE FORM 1099 S *****THIS FORM SHOULD NOT BE SENT TO THEIRS***** Transnation Title Insurance Company Tax Information Reporting Service THIS IS IMPORTANT TAX INFORMATION AND IS BEING FURNISHED TO THE INTERNAL REVENUE SERVICE. IF YOU ARE REQUIRED TO FILE A RETURN, A NEGLIGENCE PENALTY OR OTHER SANCTION WILL BE IMPOSED ON YOU IF THIS ITEM IS REQUIRED TO BE REPORTED AND THE INTERNAL REVENUE SERVICE DETERMINES THAT IT HAS NOT BEEN REPORTED. Transnation Title Insurance Company 710 Kipling Street, Suite 403 Lakewood, CO 80215 303 - 987 -0471 File No.: 43- 0002008 11832 Transferor's Name and Forwarding Address: Department No.: FIler's Tax I. D.; Milloie Karl Use Current Address: 149 Bager Lane Bailey, CO 80421 SSNMN: 8b- 0719450 ❑ Use Forwarding Address: Property: 7340 W 44th Ave Wheat Ridge, CO 80033 Gross Sales Price Check Box if consideration other than cash was or will be received: ❑ Buyer's part of real estate tax: $0.00 Closing Date: April 17, 2008 Seller is required by law to provide the correct Taxpayer Identification Number. If correct Taxpayer Identification Number is not provided, then he /she may be subject to civil or criminal penalties imposed by law. UNDER PENALTIES OF PERJURY, I CERTIFY THAT THE TAXPAYER IDENTIFICATION NUMBER SHOWN IN THIS STATEMENT IS MY . CORRECT TAXPAYER IDENTIFICATION NUMBER. Miliole Karl Karl Property Closing - Escrow Account Wiring Instructions Pursuant to the Contract to Buy and Sell Real Estate between Milloie E. Karl and the Wheat Ridge Urban Renewal Authority dated March 17, 2008, and the addendums thereto, upon closing, please wire the following sums per these instructions: 1. Seventy Five Thousand Dollars ($75,000.00) [For expenses and costs related to property conveyed by Quit Claim Deed, pursuant to First Addendum] 2. Seventy Five Thousand Dollars ($75,000.00) [For expenses and costs related to hazardous materials abatement, pursuant to Section 3 of the Contract to Buy and Sell Real Estate] Wire transfer to: FirstBank of Colorado 10403 West Colfax Avenue Lakewood, CO 80215 Wheat Ridge Urban Renewal Authority Routing #107005047 Account #2315061318 WHEAT RIDGE URBAN RENEWAL AUTHORITY — BUYER By: Terrell Williams, Chairman Date: ` /e� ;/ C' V MILLOIE E. KARL - SELLER By: w24 1. Milloie E. Karl Date: `l !S — a P AFFIDAVIT OF MILLOIE E. KARL STATE OF COLORADO ) ) ss. COUNTY OF C re=E + I, Milloie E. Karl, being duly swom upon oath, state and aver as follows: There are no existing tenancies or leases, other than month -to -month tenancies or leases, on the property subject to the Land America Commitment No. 43- 0002008, which has a street address of 7340 West 44 Avenue, Wheat Ridge, Jefferson County, Colorado. FURTHER AFFIANT SAYETH NAUGHT. Milloie E. Karl Subscribed and sworn to before me this /S day of 2008, by My commission expires: S10- 1 i j° UBl_lG .' - P CONTRACT TO BUY AND SELL REAL ESTATE March L7,2008 1. PARTIES AND PROPERTY. The Wheat Ridge Urban Renewal Authority, a body corporate and politic (Buyer), having accepted the assignment from Wheat Ridge 2020 of a Purchase Option Agreement dated January 3, 2007, between the undersigned seller(s) (Seller) and Wheat Ridge 2020, agrees to buy, and the Seller, having agreed to the assignment of the aforementioned Purchase Option Agreement, agrees to sell, on the terms and conditions set forth in this contract, the following described real estate in the County of Jefferson, Colorado, to wit: THE W %: OF THE NE %4 NW %4 SE V4 OF SECTION 23, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH P.M., EXCEPT THE NORTH 30 FEET IN USE AS WEST 44TH AVENUE, EXCEPT THE EAST 25 FEET IN USE AS UPHAM STREET, AND EXCEPT THE EAST 125 FEET OF THE NORTH 130 FEET THEREOF, AND EXCEPT THAT PORTION CONVEYED TO THE CITY OF WHEAT RIDGE IN DEED RECORDED JUNE 30, 1987 UNDER RECEPTION NO. 87085220, COUNTY OF JEFFERSON, STATE OF COLORADO. with Parcel ID No. 39- 234 -00 -096 and with a street address of 7340 West 40 Avenue, Wheat Ridge, Jefferson County, Colorado, and The North 134 feet of the South 272.3 feet of the East 8.45 feet of the East %2 of the Northwest %4 of the Northwest '/4 of the Southeast '/4 of Section 23, Township 3 South, Range 69 West of the 6' P.M., County of Jefferson, State of Colorado. with Parcel ID 39- 234 -00 -009, with a street address of 7340 West 40 Avenue, Wheat Ridge, Jefferson County, Colorado, together with all interest of Seiler in vacated streets and alleys adjacent thereto, all easements and other appurtenances thereto, all improvements thereon and all attached fixtures thereon, except as herein excluded (collectively the "Property "). 2. INCLUSIONS/EXCLUSIONS. The purchase price includes the following items (a) if attached to the Property on the date of this contract: lighting, heating, plumbing, ventilating, and air conditioning fixtures, TV antennas, water softeners, smoke/fire/burglar alarms, security devices, inside telephone wiring and connecting blocks/jacks, plants, mirrors, floor coverings, intercom systems, built -in kitchen appliances, sprinkler systems and controls, built -in vacuum systems (including accessories), and garage door openers including all remote controls, and (b) if on the Property whether attached or not on the date of this contract: storm windows, storm doors, window and porch shades, awnings, blinds, screens, curtain rods, drapery rods, fireplace inserts, fireplace screens, fireplace grates, heating stoves, storage sheds, all keys. The above - described included items (Inclusions) are to be conveyed to Buyer by Seller by bill of sale at the closing, free and clear of all taxes, liens and encumbrances, except as provided in Section 10. 3. PURCHASE PRICE AND TERMS. The purchase price shall be One Million Nine Hundred Fifty Thousand Dollars ($ 1,950,004.00) , plus closing costs, to be paid by Buyer at closing in funds which comply with all applicable Colorado laws, which include cash, electronic transfer funds, certified check, savings and loan teller's check, and cashier's check (Good Funds). In addition, and subject to the provisions of Section 15 of this Contract, Buyer shall upon execution of this Contract place earnest money in the amount of Seventy Five Thousand Dollars ($75,000.00) ( "Earnest Money ") into an escrow account. At the time of closing, the Seventy Five Thousand Dollars ($75,000.00) in Earnest Money plus Seven Thousand Five Hundred Dollars ($7,500.00) (to reflect the option purchased by the Buyer) shall be credited to the purchase price. Except as otherwise expressly provided, the Earnest Money shall be refunded to Buyer if the conditions of this contract are not satisfied. At closing, Seller shall place Seventy Five Thousand Dollars ($75,000.00) into escrow to be paid to Buyer for the any and all expenses incurred by Buyer related to abating hazardous materials on the Property. If the cost of the abatement of hazardous materials is less than Seventy Five Thousand Dollars ($75,000.00), the remaining escrow amount shall be payable to Seller. Buyer shall be responsible for abatement costs in excess of Seventy Five Thousand Dollars ($75,000.00), provided that Seller is not in violation of any representation, warranty, indemnification obligation or other term relating to hazardous materials in this contract. 4. ASSIGNABLE. This contract shall be assignable by Buyer without Seller's prior consent. Except as so restricted, this contract shall inure to the benefit of and be binding upon the heirs, personal representatives, successors and assigns of the parties. 5. EVIDENCE OF TITLE. Seller shall furnish to Buyer, at Seller's expense, either a current commitment for owner's title insurance policy in an amount equal to the purchase price or at Seller's choice, an abstract of title certified to a current date, on or before March 7, 2008 (Title Deadline). If a title insurance commitment is furnished, Buyer may require of Seller that copies of instruments (or abstracts of instruments) listed in the schedule of exceptions (Exceptions) in the title insurance commitment also be furnished to Buyer at Seller's expense. This requirement shall pertain only to instruments shown of record in the office of the clerk and recorder of the designated county or counties. The title insurance commitment, together with any copies or abstracts of instruments furnished pursuant to this Section 5, constitute the title documents (Title Documents). Buyer, or Buyer's designee, must request Seller, in writing, to furnish copies or abstracts of instruments listed in the schedule of exceptions no later than March 21, 2008 If Seller furnishes a title insurance commitment, Seller will pay the premium at closing and have the title insurance policy delivered to Buyer as soon as practicable after closing. r.1■t1rll�11 (a) Title Review. Buyer shall have the right to inspect the Title Documents or abstract. Written notice by Buyer of unmerchantability of title or of any other unsatisfactory title condition 2 shown by the Title Documents or abstract shall be signed by or on behalf of Buyer and given to Seller on or before April 4. 2008 or within five (5) calendar days after receipt by Buyer of any Title Document(s) or endorsement(s) adding new Exception(s) to the title commitment together with a copy of the Title Document adding new Exception(s) to title. If Seller does not receive Buyer's notice by the date(s) specified above, Buyer accepts the condition of title as disclosed by the Title Documents as satisfactory. (b) Matters Not Shown by the Public Records. Seller shall deliver to Buyer, on or before the Title Deadline set forth in Section 5, true copies of all lease(s) and survey(s) in Seller's possession pertaining to the Property and shall disclose to Buyer all easements, liens or other title matters not shown by the public records of which Seller has actual knowledge. Buyer shall have the right to inspect the Property to determine if any third party(s) has any right in the Property not shown by the public records (such as an unrecorded easement, unrecorded lease, or boundary line discrepancy). Written notice of any unsatisfactory condition(s) disclosed by Seller or revealed by such inspection shall be signed by or on behalf of Buyer and given to Seller on or before April 4 2008 If Seller does not receive Buyer's notice by said date, Buyer accepts title subject to such rights, if any, of third parties of which Buyer has actual knowledge. (c) Right to Cure. If Seller receives notice of unmerchantability of title or any other unsatisfactory title condition(s) as provided in subsection (a) or (b) above, Seller shall use reasonable effort to correct said unsatisfactory title condition(s) prior to the date of closing. If Seller fails to correct said unsatisfactory title condition(s) on or before the date of closing, this contract shall then terminate; provided, however, Buyer may, by written notice received by Seller, on or before closing, waive objection to said unsatisfactory title condition(s). 7. INSPECTION. Seller agrees to provide Buyer on or before Marc_ h 7_, 2008, with a Seller's Property Disclosure form completed by Seller to the best of Seller's current actual knowledge. Buyer or any designee shall have the right to have inspection(s) of the physical condition of the Property and Inclusions, at Buyer's expense. If written notice of any unsatisfactory condition, including but not limited to any environmental conditions, signed by or on behalf of Buyer, is not received by Seller on or before April 4. 2008 (Objection Deadline), the physical condition of the Property and Inclusions shall be deemed to be satisfactory to Buyer. If such notice is received by Seller as set forth above, and if Buyer and Seller have not agreed, in writing, to a settlement thereof on or before April 11. 2008 (Resolution Deadline), this contract shall terminate three calendar days following the Resolution Deadline; unless, within the three calendar days, Seller receives written notice from Buyer waiving objection to any unsatisfactory condition. Buyer is responsible for and shall pay for any damage which occurs to the Property and Inclusions as a result of such inspection. 8. DATE OF CLOSING. The date of closing shall be April 17.2008 or by mutual agreement at an earlier date. The hour and glace of closing shall be as designated by Buyer. The date of closing may be extended by mutual agreement of the parties if Seller is unable to transfer merchantable title free and clear of all liens and encumbrances to Buyer at closing, provided that Buyer has been working with all due diligence to resolve the outstanding title issues. 9. TRANSFER OF TITLE. Subject to tender or payment at closing as required herein and compliance by Buyer with the other terms and provisions hereof, Seller shall execute and deliver a good and sufficient warranty deed to Buyer, on closing, conveying the Property free and clear of all taxes except the general taxes for the year of closing, and except matters shown by public records satisfactory to Buyer. Title shall be conveyed free and clear of all liens for special improvements installed as of the date of Buyer's signature hereon, whether assessed or not; except (i) distribution utility easements (including cable TV); (ii) those matters reflected by the Title Documents accepted by Buyer in accordance with subsection 6(a); (iii) those rights, if any, of third parties in the Property not shown by the public records in accordance with Subsection 6(b); (iv) inclusion of the Property within any special taxing district; and (v) subject to building and zoning regulations. 10. PAYMENT OF ENCUMBRANCES. Any encumbrance required to be paid shall be paid at or before closing from the proceeds of this transaction or from any other source. 11. CLOSING COSTS, DOCUMENTS AND SERVICES. Buyer and Seller shall pay, in Good Funds, their respective closing costs and all other items required to be paid at closing, except as otherwise provided herein. Fees for real estate closing services provided by the title company shall be paid by Buyer. Buyer and Seller shall sign and complete all customary or required documents at or before closing. 12. PRORATIONS. General taxes for the year of closing, based on the taxes for the calendar year immediately preceding closing, rents, water and sewer charges, homeowner's association dues, and interest on continuing loan(s), if any, shall be prorated to date of closing. 13. POSSESSION. At closing, Buyer may remain in possession of the Property as a tenant, pursuant to the terms of the lease agreement dated &OK 1Q 2008, entered into between Buyer and Seller. 14. CONDITION OF AND DAMAGE TO PROPERTY. Except as otherwise provided in this contract, the Property and Inclusions shall be delivered in the condition existing as of the date of this contract, ordinary wear and tear excepted. In the event the Property shall be damaged by fire or other casualty prior to time of closing, in an amount of not more than ten percent (10 %) of the total purchase price, Seller shall be obligated to repair the same before the date of closing. In the event such damage is not repaired within said time or if the damages exceed such sum, this contract may be terminated at the option of Buyer. Should Buyer elect to cant' out this contract despite such damage, Buyer shall be entitled to credit for all the insurance proceeds resulting from such damage to the Property and Inclusions, not exceeding, however, the total purchase price. Should any Inclusion(s) or service(s) fail or be damaged between the date of this contract and the date of closing or the date of possession, whichever shall be earlier, then Seller shall be liable for the repair or replacement of such Inclusion(s) or service(s) with a unit of similar size, age and quality, or an equivalent credit, less any insurance proceeds received by Buyer covering such repair or replacement. 15. TIME OF ESSENCE/REMEDIES. Time is of the essence hereof. If any note or check received as earnest money hereunder or any other payment due hereunder is not paid, honored or tendered when due, or if any other obligation hereunder is not performed or waived as herein provided, there shall be the following remedies: (a) IF BUYER IS IN DEFAULT (Specific Performance). Seller may elect to treat this contract as cancelled, in which case all payments and things of value received hereunder shall be forfeited and retained on behalf of Seller, or Seller may elect to treat this contract as being in full force and effect and Seller shall have the right to specific performance. Seller waives all rights to recover damages against Buyer, except the retention of the Earnest Money in the event of default by Buyer. (b) IF SELLER IS IN DEFAULT. Buyer may elect to treat this contract as cancelled, in which case all payments and things of value received hereunder shall be returned and Buyer may recover such damages as may be proper, or Buyer may elect to treat this contract as being in full force and effect and Buyer shall have the right to specific performance or damages, or both. (c) COSTS AND EXPENSES. Anything to the contrary herein notwithstanding, in the event of any arbitration or litigation arising out of this contract, the arbitrator or court shall award to the prevailing parry all reasonable costs and expenses, including attorney fees. 16. ADDITIONAL PROVISIONS: Are attached as Exhibit A and incorporated by this reference. (The language of these additional provisions has not been approved by the Colorado Real Estate Commission.) 17. RECOMMENDATION OF LEGAL COUNSEL. By signing this document, Buyer and Seller acknowledge that the Selling Company or the Listing Company has advised that this document has important legal consequences and has recommended the examination of title and consultation with legal and tax or other counsel before signing this contract. 18. TERMINATION. In the event this contract is terminated, all payments and things of value received hereunder shall be returned and the parties shall be relieved of all obligations. WHEAT RIDGE URBAN REEK WAL AUTHORITY — BUYER By: ' t �'� Terrell Williams, Chairman Buyer's Address: Wheat Ridge Urban Renewal Authority 7500 W 29th Ave Wheat Ridge, CO 80033 -8001 MILLOIE E. KARL - SELLER By: ` �G or Miltoie E. Karl' Date: 7, hae h • WWI— EXHIBIT A To that certain Contract to Buy and Sell Real Estate dated Mdat 17 , 2008, by and between Milloie E. Karl as Seller, and the Wheat Ridge Urban Renewal Authority, as Buyer, regarding the acquisition of any and all interest in the land described herein. To the extent these Additional Provisions conflict with, modify, or supplement other portions of the Contract, the provisions contained in these Additional Provisions shall govern and control the rights and obligations of the parties. ADDITIONAL PROVISIONS (continued): 16.A. Broker Commission Both parties agree that there is no broker commission to be paid. 16.B. Facsimile Signatures Facsimile signatures are acceptable. 16.C. Counterparts This Contract may be executed in any number of counterparts, each of which shall be considered an original for all purposes, and all of which when taken together shall constitute one and the same Contract. 16.D. Notices Any notices which a party desires or is required to give hereunder shall be in writing and shall be deemed given when delivered personally to each party, delivered by facsimile, or deposited in the United States mail, postage prepaid, either registered or certified, return receipt requested, to the parties at the following addresses: Seller: 149 Badger Lane Bailey, Colorado 80421 Attn: Milloie E. Karl Buyer: Wheat Ridge Urban Renewal Authority Attn. Patrick Goff, Executive Director 7500 W 29th Ave Wheat Ridge, CO 80033 -8001 16.E. Next Business Day In the event any date described herein for payment or performance of the provisions hereof falls on a Saturday, Sunday or legal holiday, the time for such payment or performance shall be extended to the next business day. 16.17. Entire Document Seller and Buyer acknowledge that there are no statements, warranties, or representations between them that are not included in this contract, and this contract shall not be modified or changed in any manner, unless in writing, and executed by all the parties hereto. 16.G. Survival of Contract Provisions To the extent that the provisions herein set forth require performance to be completed subsequent to the Closing, such provisions shall survive the closing and be binding upon the parties hereto, and shall not merge into the deed or deeds to be delivered in accordance with this Contract. 16.H. Hazardous Materials Seller represents and warrants all of the following: 1. Seller has not used hazardous materials (as defined hereinafter) on, from, or affecting the Property in any manner which violates federal, state, or local laws, ordinances, rules, regulations, or policies governing the use, storage, treatment, transportation, manufacture, refinement, handling, production, or disposal of hazardous materials ("environmental laws "), and that, to the best of Seller's knowledge, no person or entity has used hazardous materials on, from, or affecting the Property in any manner which violate any environmental laws. 2. Seller has no knowledge of any violations or claims of violations of any environmental laws or any matter with the giving of notice or passage of time would constitute a violation of environmental laws. 3. Except for the asbestos listed in the January 11, 2008 Report on the Inspection for Asbestos Containing Material and Lead Based Paint prepared by H WS Consulting Group, to the best of Seller's knowledge, no hazardous substances are present in, on or about the Property. To the best of Seller's knowledge there has there been no discharge, release or disposal of hazardous substances, nor are there any other environmental conditions affecting the Property. 4. Seller has never received any notice of any violations of federal, state, or local laws, ordinances, rules, regulations, or policies governing the use, storage, treatment, transportation, manufacture, refinement, handling, production, or disposal of hazardous materials, and, to the best of Seller's knowledge, there have been no actions commenced or threatened by any person or entity for noncompliance therewith. For purposes of this Contract, "hazardous materials" shall mean and include any flammable explosives, petroleum substances (including crude oil or waste oil) or any fraction thereof, radioactive materials, hazardous wastes, toxic substances or related materials, including, without limitation, asbestos, formaldehyde compounds, PCBs, radon, and any other substances defined as or included in the definition of toxic or hazardous substances, wastes, or materials under any federal or applicable state or local laws, ordinances, or regulations dealing with or otherwise pertaining to toxic or hazardous substances, wastes, or materials. 16.1. Survey Seller shall provide to Buyer an existing survey prepared and sealed by a surveyor that is licensed in the State of Colorado on or before March 7.2008 The Buyer shall have until April 4 2008 to notify Seller of any defects in the survey or boundary line. Seller shall have until April 11. 2008 to correct any defects or boundary line discrepancy. In the event Seller does not correct these defects within the time specified, this Contract may, at the Buyer's sole discretion, be terminated and the earnest money shall be returned in full to Buyer. 16.J. Inspection Seller shall allow Buyer and all authorized representatives ofBuyer to enter upon the Property during normal business hours from time to time prior to closing in order to inspect the Property, to conduct soil tests, well drilling, and other developmental drilling, studies or tests. If any n mechanic's lien is indirectly claimed under, by or through Buyer, Buyer shall cause same to be discharged of record (whether by payment and release or by bonding over it pursuant to statute) within twenty (20) days after it was recorded. 16.K. Financine Buyer's obligation to purchase the Property shall be conditional upon Buyer's receipt of financing satisfactory to Buyer in Buyer's sole discretion. In the event Buyer does not obtain financing satisfactory to Buyer this Contract may, at the Buyer's sole discretion, be terminated any time prior to closing and the earnest money shall be returned in full to Buyer. 16.L. Purchase of Vohoska Propert y . Buyer's obligation to purchase the Property shall be conditional upon Buyer's purchase of a related parcel of property owned by Vernon and Marjorie Vohoska, described as follows: 7540 West 40 Avenue, Wheat Ridge, Jefferson County, Colorado, Parcel ID No. 39- 234 -04 -002 with a more detailed description set forth in Exhibit B (the "Vohoska Property"). In the event Buyer does not purchase the Vohoska Property for any reason before or at the time of closing for the Property, Buyer at the Buyer's sole discretion, may terminate this Contract any time prior to closing and the earnest money shall be returned in full to Buyer. 16.M. Extension of Option The Purchase Option Agreement entered into by and between the parties on January 3, 2007, is hereby amended to extend the term of the option until the date of closing as set forth in Section 8 of this contract and to any subsequent extensions of the date of closing as agreed to by the parties. 16.N. Title Commitment or Abstract Acknowledgement Seller expressly acknowledges that the commitment or the abstract of title Seller is obligated to provide under Section 5 of the contract shall cover the both parcels of property listed as Parcel ID Nos. 39- 234 -00 -096 and 39- 234 -00 -009 in the records of the Jefferson County Assessor's Office. 16.0. Seller's indemnification Seller agrees to indemnify and hold harmless the Buyer and its officers, insurers, volunteers, representative, agents, employees, heirs and assigns from and against all claims, liability, damages, losses, expenses and demands, including attorney fees, on account of injury, loss, or damage, or of any other loss of any kind whatsoever, which arise out of or are in any manner connected with Seller's representation that Seller is the lawful owner of the Property, including but not limited to the property listed as Parcel ID No. 39- 234-00 -009 in the records of the Jefferson County Assessor's Office. Seller further agrees to release, reimburse, indemnify and hold harmless Buyer, and its employees, officers, directors, agents, successors, assigns, tenants and Grantees, and the lenders of any of them (collectively referred to hereafter as the "Indemnitees "), from and against all claims, suits, actions, administrative proceedings, orders, damages, costs, assessments, fines, penalties, or liabilities, including reasonable attorney and expert fees and costs, arising out of or relating to the presence or alleged presence, now or in the future, of hazardous materials at on, under or migrating onto or from the Property. This indemnification is not limited to third party claims and shall survive closing and delivery of the Deed to Buyer. SELLER: L r' BUYER: Wheat Ridge Urban Renewal Authority Kul Ommithr, V 10 EXHIBIT B DESCRIPTION OF VOHOSKA PROPERTY LOT 3, TIME SQUARE SUBDIVISION, EXCEPT THAT PORTION OF LOT 3 LYING SOUTH OF THE NORTHERLY LINE OF LOT 1, TIME SQUARE SUBDIVISION AS IF EXTENDED FROM THE EAST LINE OF SAID LOT I TO THE WEST LINE OF SAID LOT 1, WHICH LINE BEARS SOUTH 89 DEGREES 55 MINUTES 50 SECONDS WEST AND WHICH LINE IS THE SOUTH LINE OF THE NW '/4 NW %4 SE % OF SECTION 23, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH P.M., AND EXCEPT A PARCEL OF LAND BEING A PORTION OF LOT 3, TIME SQUARE SUBDIVISION, AS RECORDED IN BOOK 70 AT PAGE 42, RECORDS OF JEFFERSON COUNTY, LOCATED IN THE SOUTHEAST QUARTER OF SECTION 23, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF JEFFERSON, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF LOT 3, SAID TIME SQUARE SUBDIVISION; THENCE NORTH 89 DEGREES 56 MINUTES 20 SECONDS EAST, ALONG THE NORTH LINE OF SAID LOT 3, A DISTANCE OF 195.00 FEET; THENCE SOUTH 00 DEGREES 02 MINUTES 46 SECONDS WEST, A DISTANCE OF 32.25 FEET; THENCE NORTH 89 DEGREES 56 MINUTES 20 SECONDS EAST, A DISTANCE OF 133.54 FEET TO A POINT ON THE EASTERLY LINE OF SAID LOT 3; THENCE SOUTH 00 DEGREES 02 MINUTES 46 SECONDS WEST ALONG SAID EASTERLY LINE, A DISTANCE OF 55.32 FEET; THENCE LEAVING SAID EASTERLY LINE, SOUTH 89 DEGREES 56 MINUTES 20 SECONDS WEST, A DISTANCE OF 328.67 FEET TO A POINT ON THE WESTERLY LINE OF SAID LOT 3; THENCE NORTH 00 DEGREES 03 MINUTES 46 SECONDS EAST ALONG SAID WESTERLY LINE, A DISTANCE OF 87.57 FEET TO THE POINT OF BEGINNING, COUNTY OF JEFFERSON, STATE OF COLORADO with a Parcel ID No. of 39- 234 -04 -002 and a street address of 7540 West 44 Avenue, Wheat Ridge, Jefferson County, Colorado. 11 MAK-ZU -96 a9: z5FM "Vil". M Vni I!?W MOTTI!anq i WDIf TY, K; 'tlVttlCOMZOV 1 -1O7 P. KUM F -E47 MST ADDENDUM TO CONTRACT TO BUY AND SELL SSTTA THIS FIRST ADDENDUM TO CONTRACT T U AND SELL REAL ESTATE ( "Addendum ") is wade and entered into this 4 day o 7.008, by and between the Wl:eat Ridge Urban Renewal Authority, a body corporate and politic ('Buyer'), and Milloie E. Earl, an individual with an address of 149 Sadger Lane, Briley, Colorado 80421 ( "Seller'7) (collectively the "Parties "). WHEREAS, on March 17, 2008, the Parttcs entered into a Contract to Buy and Sell Real Estate (the `Agreement "); WHEREAS, under the Agreement, the Seller agreed to oonvey two parcels of property to Beyer; WHEREAS, Seller does not appearcapable of conveying a clear and unencumbered title to Buyer by the closing date of April 17, 2008 (the "Closing Date ") to the smaller parcel. which is identified as Parcel ID 39- 234 -00 -009 with the Jefferson County Assessor's Office and which has the faLiowing legal description; The North 134 feet of the South 272.3 feet of the East 8.45 feet of the East 1 /2 of the Northwest %4 of the Northwest '/4 of the Southeast '/4 of Section Z3, Township 3 South, Range 69 West of the 6 P.M., County of Jefferson, State of Colorado (hereinafter referred to as the "Sliver ") and WHEREAS, if Seller is unable to convey a clear and unencumbered title to the Sliver on the Closing Date, the Parties desire to impose additional terms on the Seller as set forth in this Addendemt. 'NOW, THEREFORE, for the consideration hereinafter set forth, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: 1. Quit Claim Dyed If Seller is unable to convey a clear and unencimbered title to the Sliver on the Closing Date, Seller shell execute a quit claim deed in substantially the same form as attached hereto, conveying the Sliver to Buyer on the Closing Date. 2- Asstunation of Costs Beginning on .March 21, 2008, Seller agrees to pay all costs and expenses inctuzed by Buyer that are related to Buyer's efforts to obtain clear and unencumbered title to the Sliver, including but not limited to compensation to be paid, if any, for thepurchase of the Sliver, the costs associated with the purchase the Sliver, the costs to condemn the Sliver, attorney's fees, wars costs, and expert witness fees (the "Acquisition Costs' :t. For purposes of this Addendum "clear and unencumbered title" shall mean a good, sure, perfect, absolute and indefeasible estate of A y»rt —ca -va vc;zbm rwo nayar m;;iips, nuttmaca a vaiaarry, 1`6 raufaG 696 I r.uusr r -hat inheritance, in law, in fee simple, free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restriction of whatever kind or nature soever, including but not limited to the current cloud on the title showing that the Sliver is owned by South Central Underwriting Company, which is listed in Section D of Schedule B -I of the Land America Title Consmitment No. 43.0002008. 3. Esc M XWOPsit. If Seller is unable to convey clear& ud unencumbered title to Buyer at the Closing Date for the Sliver, Seventy Five Thousand bollars ($75,000.00) shall be withheld from the purchase price at closing and remain in the closing company's escrow account, pending transfer to an escrow account of Buyer's choice for Buyer's payment of the Acquisition Costs. Interest earned on the escrowed amount shall be credited to the account. Buyer will then expend the funds L-t the cash escrow to pay any and all Acquisition Costs. Scaler shall maintain a minimum balance in the escrow account of Twenty Five Thousand Dollars ($25,000.00) until cleat and uncr4cumbered title to the Sliver is conveyed to Buyer. If at any point the cash escrow falls below the amount of Twenty -Five Thousand Dollars ($25,000.00), Seller shall immediately replenish the escrow account back to a torsi of Seventy Five Thousand Dollars (S75,000.00). Upon receipt of clear and unencumbered title. Buyer shal i release all remaining funds in the escrow account to Seller. Nothing in this Agreement sttaJl be cortstrue3 to limit Seller's liability to Buyer for any costs incurred by Buyer in obtaining clear and unencumbered. title to the Sliver. 4. Coo er ' e. Seller shall cooperate with Buyer in assisting Bayer to obtain clear and tunencumbered title to the Sliver, including but not limited to, joining Buyer in any lawsuits Buyer brings to obtain clear and unencumbered title to the Sliver, executing any documents helpful fcr Buyer to obtain clear and unencumbered title to the Sliver, and taking any action requested by Buyer for Buyer to obtain clear and unencuunbered title to the Sliver. Seller acknowledges that Buyer may bring a quiet title actio:t in a court of law to quiet title in the Sli ver, and that Buyer may bring an action in eminent domain to acquire the Sliver. Seller agrees to fully cooperate with Buyer's efforts to obtain title in the Sliver in any such legal actions, including appearing as a witness on Buyer's behalf. 5. Indemnification. Seller expressly acknowledges and reaffirms his indemnification obligation as set forth in Section 16.13 of the agreement. .qt s J 6. Re ian inderofA rreee AlltermsandprovisionsoftbeAgr t ot specifically amended in this Addendum shall remain in Pali force and effect. Nothing in greement shall be construed to release Buyer from his obligation to convey either parcel of property to Seller as set forth in the Agreement_ W HEAT RIDGE f �� A�N RENEWAL AUTHORITY — BUYER Terrell Williams, Chairman Buyer's Address: Wheat Ridge Urban Renewal Authority 7500 W 29th Ave '%'hear Ridge, CO 80033 -8001 2 .6MN - 69 - 49 aG ; ,r rNvwnaywa rol l 1lpa, nvi ln1lna a vdi ual 19, rV *avaotaicv� MILLOIE E. KARL - SELLER Milloie E. Karl Gate: STATE OF COLORADO } ) ss. COUNTY OaN ) 1 - 104 r. uugi uua "a91 The regoing instrument was subscri ed, sworn to and acknowledged before me thi� day of Z4; 2048, by aFabaF r AJZL .Mycommissi (SEAL) Vovvy h;OTAF;Y FUBLIC• S T ATE OF COLORADO 3 SECOND ADDENDUM TO CONTRACT TO BUY AND SELL REAL ESTATE THIS SECOND ADDENDUM TO CONTRACT TO BUY AND SELL REAL ESTATE ( "Addendum ") is made and entered into this /S — day of April, 2008, by and between the Wheat Ridge Urban Renewal Authority, a body corporate and politic ( "Buyer "), and Milloie E. Karl, an individual with an address of 149 Badger Lane, Bailey, Colorado 80421 ( "Seller") (collectively the "Parties "). WHEREAS, on March 17, 2008, the Parties entered into a Contract to Buy and Sell Real Estate and on AqLl _1 2008, the Parties executed a First Addendum to the Contract to Buy and Sell Real Estate (collectively, the "Agreement "); WHEREAS, on March 26, 2008, Buyer sent Seller and objection letter, objecting to Seller's failure to provide copies of all leases relating to the property being purchased and sold under the Agreement (the "Property "); WHEREAS, subsequent to the objection by Buyer, Seller provided Buyer with a list of tenants and a copy of the form lease used by Seller for all of Seller's leases with his current tenants; WHEREAS, Seller has not provided Buyer with copies of all existing executed leases between Seller and his current tenants; WHEREAS, Buyer has been unable to review and verify the status of the actual leases as allowed under the Agreement; and WHEREAS, the Parties desire that Seller warrant that there are no tenancies or leases in excess of month -to -month tenancies or leases that may be terminated at Buyer's will, and the Parties desire that Seller indemnify Buyer for any and all reasonable costs and expenses incurred as a result of the existence of any tenancies or leases in excess of month -to- month tenancies or leases. NOW, THEREFORE, for the consideration hereinafter set forth and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: I. Seller's Warranty Seller warrants that the Property is not subject to any leases or tenancies other than month -to -month leases or tenancies. 2. Indemnification Seller agrees to indemnify and hold harmless the Buyer and its officers, insurers, volunteers, representative, agents, employees, heirs and assigns from and against all claims, liability, damages, losses, expenses and demands, including attorney fees, on account of injury, loss, or damage, or of any other loss of any kind whatsoever, which arise out of or are in any manner connected with Seller's breach of Seller's warranty set forth in Section 1 of this Agreement. This indemnification is not limited to third party claims and shall survive closing and delivery ofthe Deed to Buyer. This indemnification shall include but not be limited to any reasonable costs and expenses Buyer incurs in terminating any tenancies or leases in excess of month -to -month tenancies or leases, including attorneys fees, whether the costs and expenses are incurred as part of a settlement agreement with any tenants, a condemnation action, or a judicial proceeding. 3. Remainder of Agreement All terms and provisions of the Agreement not specifically amended in this Addendum shall remain in full force and effect. Nothing in this Agreement shall be construed to release Buyer from his obligation to convey either parcel of property to Seller as set forth in the Agreement. WHEAT RIDGE URBAN RENEWAL AUTHORITY — BUYER Terrell Williams, Chairman Buyer's Address: Wheat Ridge Urban Renewal Authority 7500 W 29th Ave Wheat Ridge, CO 80033 -8001 MILLOIE E. KARL - SELLER By: 6tf5 Milloie E. Karl '/ Date: �Jls '"cre STATE OF COLORADO } ss. COUNTY OF JOWe�Son ) The foregoing instrument was subscribed, sworn to and acknowledged before me this /ay of 4IP f 2008, by E kAf- l My commission expires: 6 (S E A L) Notary Publi' aoTAR} O UBLIG . 2 r. Crtyof Wheat] -�clge LAND USE APPLICATION FORM - (,OilLlM1l3i\IIiY r}kV�I.(]P,4l F,tST Case No. WCP Date Received 112512011 Related Cases W Z10W Case Planner Showalte j Case Description Concept Plan Approva I v� I Apyd�av�fJideraaaha�a Name Weston Solutions, Inc. Name j� Phone [ 303] 729 -610 Address '3111, Teller St., 1300 ! City Lakewood State CO Zip 60226 Name ::Renewal Wheat Ridge J Name Phone Address r City ] State Zip I CcrNacf Jirfor.�vafm� Name Nick Moore Name Phone i[719j 260 4467 Address 11 25 Kelly Johnson Blvd., #3 J City [Colorado Springs _�] State [M Zip 80920 - )afvxctlrti+ fmv&w j Address Street City 1 State [CO ] Zip _ v. Location Description Approx. SWC, 44th Ave. & Upham St. Project Name [ Parcel No. Qtr Section: S� District No.: II J7ey)L-W I Pre -App Date Neighborhood Meeting Date [:= App No: ; v] Review Type Review Body: Review Date Disposition Comments Report El NI Record: L N LJi 182 ,u H ►* of 3911 t