HomeMy WebLinkAbout13601 W. 43rd DriveFrom: no-reolv(alci.wheatridae.m. us
To: CommDev Pets
Subject: Online Form Submittal: Furnace/Boiler Replacement Permit Application
Date: Friday, November 19, 20218:51:55 AM
Furnace/Boiler Replacement Permit Application
This application is exclusively for RESIDENTIAL REPLACEMENT FURNACE or
BOILER - LIKE FOR LIKE ONLY.
YOU MUST ATTACH A VALID CREDIT CARD AUTHORIZATION FORM IN
ORDER FOR THE PERMIT TO BE PROCESSED.
Your Permit will be emailed to the email address provided below once it is
processed.
THIS APPLICATION DOES NOT CONSTITUTE A PERMIT. DO NOT BEGIN
WORK UNTIL PERMIT HAS BEEN ISSUED.
Is this application for a Yes
replacement residential
furnace or boiler like for
like?
PROPERTY INFORMATION
Is this Residential or Commercial
Commercial?
Property Address 13601 W 43rd Dr #1313
Property Owner Name
Property Owner Phone
Number (enter WITH
dashes, eg 303-123-
4567)
Property Owner Email
Address
Attach City of Wheat
Ridge Electronic
Payment Form - "DO
NOT ATTACH A
PICTURE OF A
CREDIT CARD"
Jack Kahler
303-204-5517
Field not completed.
CONTRACTOR INFORMATION
Contractor Business Coffman & Company Heating and AC LLC
Name
Contractor's License 18464
Number (This is a 5 or
6 digit number for the
City of Wheat Ridge)
Contractor Phone
303-366-1112
Number (enter WITH
dashes, eg 303-123-
4567)
Contractor Email
pschmidt@coffmanco.corn
Address
Retype Contractor
pschmidt@coffmanco.corn
Email Address
DESCRIPTION OF WORK
What type of unit is
Furnace
being installed?
Number of BTUs
45,000
What is the efficiency
80%
(°%) of the unit?
Is the unit GAS or
Gas
ELECTRIC?
Where is the furnace or
Hanging Unit
boiler located (for
example, basement,
crawlspace, etc)?
Project Value (contract
2995
value or cost of ALL
materials and labor)
SIGNATURE OF UNDERSTANDING AND AGREEMENT
I assume full Yes
responsibility for
compliance with
applicable City of
Wheat Ridge codes
and ordinances for
work under any permit
issued based on this
application.
I understand that work Yes
may not begin on this
property until a permit
has been issued and
posted on the property.
I certify that I have Yes
been authorized by the
legal owner of the
property to submit this
application and to
perform the work
described above.
I attest that everything Yes
stated in this
application is true and
correct and that
falsifying information in
this application is an
act of fraud and may
be punishable by fine,
imprisonment, or both.
Person Applying for Patricia J Schmidt
Permit
Email not displaying correctly? View it in your browser.
PERMIT NO.
202001991
BUSINESS NAME:
ADDRESS:
City of
Wheat P j dge
BUSINESS LICENSE INSPECTION
INSPECTION DAY/TIME Wed 11/4 1 Dam
INSPECTION DAY/TIM
INSPECTION DAY/TIM
Denver Deck Supply, LLC
13601 W 43rd Drive #C9
CONTACT NAME: Bryant Ferris (563)271-3905
SO FT
S-2, OCCUPANCY TYPE
3 OCCUPANCYLOAD
I—6—CONSTRUCTION CONSTRUCTION TYPE
SPRINKLERED
❑ NOWSPRINKLERED
Inspector Signature/
11 zo
Date
i CITY OF WHEAT RIDGE
Building Inspection Division
(303) 235-2855 Office
INSPECTION NOTICE
Inspection Type: `= enc
Job Address:i PC9 1
Permit Number:
❑ No one available for inspection: Time
M
Re -Inspection required: Yes,, No
When corrections have been made, schedule for re -inspection online at:
http://www.cLwheatridge.co.uslinspection
Date: . 2Inspector:
PERMIT NO. 202000504
City of
Wh6atRidLye-
BuSINESS
LICENSE INSPECTION
INSPECTION DAY/TIME Mon., March 16th
INSPECTION DAY/TIME C J
INSPECTION DAY/TIME
BUSINESS NAME: Greene Tire & Service, LLC
ADDRESS: 13601 W. 43rd Drive
CONTACT NAME: Mitch Greene
8� SDC' u
SQ FT
G � OCCUPANCY TYPE
OCCUPANCYLOAD
1 ` CONSTRUCTION TYPE
ll�ls
❑ NON-SPRINKLERED
Inspector Signature
Date
41 CITY OF WHEAT RIDGE
Building Inspection Division
(303) 235-2855 Office
INSPECTION NOTICE
Inspection Type:
Job Address:
Permit Number: Ca 0
IJ No one available for inspection: Time C111.1
AM/PM
Re- Inspection required: Yes No",
When corrections have been made, schedule for re -inspection online at:
httpYAvww. ci. wheatridge. co. usrinspection
Date:— -inspector:
DO NOT REMOVE THIS NOTICE
i CITY OF WHEAT RIDGE
Building Inspection Division
(303) 235-2855 Office
INSPECTION NOTICE
Inspection Type:
Job Address: `
Permit Number:
`t
❑ No one available for inspection: Time AM/PM
Re -Inspection required:.' Yes,. No
When corrections have been made, schedule for re -inspection online at:
http✓/www. ci. wheatridge. co. uslinspection
Date: Inspector: ;.
DO NOT REMOVE THIS NOTICE
7500 West 29th Avenue
Wheat Ridge, Colorado 80033
303.235.2846 Fax:303.235.2857
22 February 2005
Jeff Skinner
Own It Storage
RE: Condo Storage Concepts/13601 W. 43`d Drive
Dear Mr. Skinner:
The City of
Wheat Ridge
I received a letter dated 2/09/05 regarding an existing recreational vehicle storage building in the City of
Wheat Ridge. Your letter requested basic information about the facility including year and type of
consuuction, number of units, type of security, and history of code compliance.
The Condo Storage Concepts facility was constructed in 2001, with a certificate of occupation issued on
November 16, 2001. The buiiding was constructed of inetal siding with lazge overhead doors on the east
and west elevation. The building is 36,630 square feet in size, and contains 40 units. The building was
inifially designed to for starage of large vehicies. It is difficult to ascertain if the units are s611 being used
in this manner, as the City does not actively monitor usage or contents of each unit.
The plans did provide for a small manager's office, however, it is unclear if a manager is onsite 24 hours
a day. The building plans did not reveal any addiYional security measures for the property. There has
been one call to the Code Enforcement division made on April 30, 2002. This call complained about
littering onsite.
There has been one violation for this address, which occurred during the construcuon phases. The citation
was issued for failure to obtain a valid building permit, miscellaneous zoning violations, failure to obtain
a business license and lack of structural information provided. The property owner did appear in
municipal court, where he pled guilty.
Your final request was in regazds to complaints waged against the property or use. While it is impossible
to know if anyone has complained to a city Staff inember of elected official in the almost four yeazs the
business has operated, I have not personally received a complaint in relation to this address.
If you have any further questions, feel free to give me a call. I can be reached at 303.235.2849.
Sincerely,
iPlanner
JeffSkinner
Own It Storage
Community Development Dept.
City of Wheat Ridge
Travis Crane
02/09/OS
Re: Condo Storage Concepts Report
Dear Travis,
This letter is to request information on Condo Storage Concepts R.V. storage units
located on west 43`d drive Wheat Ridge also known as the 44`h Industrial Park. The hope
is this information will provide positive insight when reviewed by the Planning Staff of
the City of Lafayette for a project proposed by Own It Storage LLC
1. Year of construction.
2. Type of construction, materials.
3. Number of storage units and approximates size.
4. Requested use.
5. Type of security on site.
6. Have there been any security or code problems at the site since construction, of so
how many and remedy.
7. Have there been any community complaints regarding the storage facility.
Thank you,
Own It Storage
Jeff Skinner
Date: Lol
:
A Certificate of Occupancy or Completion has been requested for:
ADDRESS: 13(90 I ~3 :13r'~ ~YPURP05E OF cSTRUCrURE: A/P~ G1 1/2 I1 O~ ~?t/J-C~
Buifding Department
Remarks:
Zoning ApprovaL• 1~c ~ l~, t~lrN o~
Remarks: %
Public Works Approval:
Remarks:
Fire Marshall Approval:
(If Applicable)
Remarks:
Sanitation Disuict Approval:
(If Applicable)
Remarks:
Water District Appro,
(If Applicable)
Remarks:
♦~~4'
V, CITY OF WHEAT RIDGE
Building Inspection Division ,
~ (303) 234-5933 Inspeciion line
(303) 235-2855 Office ' (303) 235-2857 Fax . ,
INSPECTION NOTICE
Inspection Type: 613,;', fivsP. V~~,1
Job Address/Permit Number: 106r/4.>. r3,eo
❑ No one available for inspection: Time AM/PM
Re-Inspection required: Yes <Vo~~,
~When corrections have been made, call for re-inspection at 303-234-5933 Date: 4~R inspector:~~
DO NOT REMOVE TH/S NOTICE
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The Ciry of
7500 WEST 29TH AVENUE • WHEAT RIDGE, COLORADO 80215 - Wheat
9 Ridge
Richard E. Butler
C/O AARDEX Corp.
12340 West Alameda Pkwy, Suite 220
Lakewood, CO 80228
RE: Letter Dated January 24, 2001 regarding 13601 W. 43Id Drive
Dear Mr. Butler,
The City has reviewed the information submitted, and have the following comments
regarding your request:
• Your Class I Contractor License application has been approved; please find your
contractors license and card attached.
• The Planning and Development Director has determined that the proposed use
and location of the structure does not meet requirements outlined for a Temporary
Building Permit as outlined in the Wheat Ridge Code of Laws.
• Per the construction information submitted the proposed and existing structure on
the site should have "heli-coil" anchors placed every 10-12 feet. This means the
structure should have 11-14 anchors depending on spacing, the existing structure
appears to have only three anchors preside installed.
• A construction office / storage use will only be permitted when a building permit
has been issued for the principle structure planned for the property.
Should you have any questions or comments regarding these issues please feel free to
contact me at 303-235-2853.
Sincerely,
~
Darin M r an
Codes A inistrator
Cc address files
Alan White, Planning and Development Director
Travis Crain, Planner
(303) 234-5900 • ADMINISTRATION FAX: (303) 234•5924 • POLICE DEPARTMENT FAX: (903) 235-2949
ST01 WORK ORDER
YOU ARE HEREBY ORDERED TO STOP WORK LOCATED AT
13601 West 43te}ddrive, Wheat Ridge, CG
BY ORDEROF THE CITY OF WHEATRIDGE BUILDING DEPARTMENT FOR THE FOLLOWING REASON(S):
1. No Building Permit
2. Zo7ing Code Violations
3. Structural violations
* This structure is to be removed from th2 property Pd0 LATER
than January 24, 2001, Failure to remove this structure by said
date will resuit in a summons being issued to the owner of record.
The Ovrner of record wiTl be he1d responsible for all damaged caused
to the properiy and public impravements as a result of the plannetl
Pr°e Pre-Construction Sale being held Januar,y 20, 21, 2001.
~ This notice may be removed ONLY by ~
THE CITY QF WHEAT RIDGE BUILDING DEPARTMENT !
Date: dani,ar.y in, 2001 Building inspector
7500 West 29th Avenue
Wheat Ridge, Colorado 80033
303/ 235-2846 Fax: 303/235-2857
The City of
Wheat Rldge
DATE: 13 May 2003
TO: Accounting Departmeat
FROM: Director of Community Development
SUBJECT: ESCROW REFUND/RELEASE
Reimbursement requested for escrow funds being held for: Aardex/13601 W. 43`d Drive
The Landscaping has been completed to the City of Wheat Ridge satisfaction.
RELEASE TO: Condo Storage Concepts
Address: 12340 W. Alameda Parkway # 220
Lakewood, CO 80228
Amount to be refunded: $1457.50
ZL
Alan White
Director of Community Development
;i%o~ w, y 3 V~-
I
I ey,o ► 45 )2P--
Z~~ Ic~l
City of Wheat Ridge
Planning and Development Department
Memorandum
TO: Jack Hurst, Acting City Manager
FROM: Darin Morgan, Codes Administrator 0/
SUBJECT: 13601 W. 43`d Drive, Building without a permit court case
DATE: March 5, 2001
Mr. Butler appeared with his attomey t pretrial conference and pled guilty to all four charges,
agreed to deferred judgment and 12 months no code violations for the site, paid $50.00 in court
cost.
biWi ICIPAL COURT, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO
SummonsNo. CFa/-~ ,2-
STIPULATION FOR DEFERRED JUDGbIEYT AND SENTENCE
THE CITY OF WHEAT RIDGE BY .4ND ON BEHALF OF
THE PEOPLE OF THE STATE OF COLORADO, PlaintiFf,
vs. /
GGcf~ &-16'3 , Defendant.
The City of Wheat Ridge, by and through the Assistant Ciry Attomey, and the Defendant stipulate and a;ree as
follows:
STIPULATION
1. The City Attomey and the Defendant have engaged in plea discussions.
2. The Court has advised the Defendant of, and the Defendant understands, the following rights: To remain
silent aad not to answer any questions; to have a trial by the Court or to a jury; to have all charees proved
beyond a reasonable doubt; and to have representation by an attomey. V
3. The City Attomey and the Defendant represent that upon the Court's acceptance of Defendant's plea of
, ic~ei the Ciry Attomey moves to defer the entry ofjud;ment of conviction and the
imp a/tNo convicrions of s--mmses durin~ he nextRe~ mon~ths;Wing condi~ions:
b. Defendant WILL pay coiixtco.sts of $50.00;
c. Defendant (WILL) LL NOe supervised by Probation Department,
d.
4. The City Attomey agees that if the Defendant complies with e deferral condi[ions in paragraph 3 to ehe
sarisfacrion of the City Attorney and the F44b t' ~t, then upon the expiration of the stipulated
period, the City Attorney will move ttie Court for an Order which will allow the Defendant to withdraw
his/her previously entered plea and will then dismiss this case.
5. The Defendant consents to the personal jurisdiction of the Court for the entire deferral period and a;rees to
inform the Court of address changes. The Defendant further agrees he/she enters this plea voluntarily and
lmowingiy. The Defendaat understands that by entering this plea he/she waives the rights specified in
pazagraph 2, the right to appeal, and every other conscitutional and statutory right applicable to a trial of this
case.
6. If the Defendant fails to comply wit the deferral conditions in paragraph 3 to the satisfaction of the City
Attomey and the Erobati~Bep ' t, then the City Attomey may request that the Court conduct an
evidentiary hearing to determine if the Defendant has violated the defesal conditions, and if so, the Court
may immediately enter a judgnent of conviction against the defendan[ and impose sentence, including a fine
of up to $1,000.00 and/or a jail sentence of up to one year in the Jefferson County 7ail for each count for
which conviction enters.
DATED this „Z Gx
day of Jg
By. By. -
Assistant City Attomey Defe t ate
By~ ~ S O
Defense AttomeyC' ~,s;j Date
IT IS HEREBY ORDERED that the deferral conditions of the a6ove stipulation are approved and entered as an
Order of the Court:
015101
REV{SED:091698
Judge
Date
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shane.fowler@aardex, Re: Memo to Travis Crane-City
To: <shane.fowler@aardex.com>
From: Travis Crane <travisc@ci.wheatridge.co.us>
Subject: Re: Memo to Travis Crane-City of Wheatridge
Cc:
Bcc:
Attached: %~~d~' tr~• P2_
Shane,
I have received your memo about your concerns for the project located at
Lot 16 of the Industrial Park. I am not quite sure how I can communicate to
you any more clearly that a dump station is not allowed in this industrial
Park. I can understand and appreciate your wiilingness to make every
effort possible to contain and dispose of the waste. However, this is not an
allowed use in this area, per the Planned Development Regulation. I would
like to call your attention to the initial pre-application meeting with SDC
construction. We specifically asked Todd Nordstrom and Lon Garrison if a
dump station was proposed, and they replied under no certain terms
would there be one located on the property. Staff then echoed that
sentiment and reiterated that a dump station would not be approved for
this development. If you would like to see a copy of the meeting notes, i
can have them faxed over to you. If the dump station is imperative to this
development, an alternate site should be considered.
If you have any other questions, feel free to give me a call.
At 04:22 PM 2/14/2001 -0700, you wrote:
>Travis-
>
>I'm having a tough time getting CSC to accept the restriction on the RV
>waste station. Attached is a memo with their thoughts. Please give me a
Printed for Travis Crane <travisc@ci.wheatridge.co.us> 1
shane.fowler@aardex, Re: Memo to Travis Crane-City
>call (303) 987-9000 or e-mail me at shane.fowler@aardex.com with any
ideas
>you may have or thoughts regarding the attached memo.
>
>Thanks
>
>Shane Fowier...
>shane.fowler@aardex.com
>
>
>
>
Printed for Travis Crane <travisc@ci.wheatridge.co.us> 2
*RDEX
PROJECT MEMO
DATE: February 14, 2000
TO: Travis Crane, City of Wheat Ridge
FROM: Shane Fowler, Aardex Corp.
RE: RV Waste Facility Issue
Thank you for arranging the pre-development conference yesterday. Your comments will
certainly be of value as we continue to develop the drawings for the project.
One of the comments to disallow an RV waste station at the site is potentially crippling
to the proposed development. We understand your concerns are twofold: 1) Potential
negarive impacts to surface water quality in the event of a spill and 2) the inclusion of a
single waste station at the project would encourage people to "live" in their RVs stored at
the site.
We share your concern and offer the following. Regarding the first issue, we believe that
a containment structure can be designed and built (identical in mission to similar
struchxres in place throughout the counhy) to mitigate all potential spill incidents. The
design and installation would be provided, supervised and certified by our mechanical
engineer. We would propose to include such a shucture in our facility.
As to the second issue, we do not believe that the waste station increases the likelihood of
residential use of the storage spaces. The proposed location of the station is remote from
the nearest storage unit and requires that an RV be driven to it - no different than driving
down the street or across town. The units have been marketed and sold as storage units
and not potential RV parking. We could include a reiteration of this use condition in the
property closing documents if you would like.
If this accommodation does not satisfy your condition, please let us lmow of the specific
code or ordinance that the proposed waste station violates. We would like to consider all
the options.
Again, thank you for your consideration
Aartlex Corporation
12340 West Alameda Parkway, Suite 220, Lakewood, CO 80228-2841
tel 303.987.9000 fax 303.987.8610 e-mail aardex@aardex.com
MUNICIPAL COURT
STATE OF COLORADO
City of Wheat Ridge Municipal Court
e Municipal Building
Wheat Rid
I
g
7500 Nv. 29"' Avenue
Wheac Ridge, Colorado 80215
i~
Plaintiff(s):
City of Wheat Ridge, Colorado by and on
behalf of the People of the State of Colorado,
v.
Defendant(s):
Richard E. Butler
A COURT USE ONLY ♦
Richard L. Shearer, Esq.
Case Number: CE-01-002
Clanahan, Tanner, Downing & Knowlton, P.C.
730 17th Street, Suite 500
~
Denver, Colorado 80202-3580
Telephone: (720) 359-9500
Facsimile: (720) 359-9501
Attorney Registration Number.: 8792
ENTRY OFAPPEARANCE
The law firm of Clanahan, Tanner, Downing & Knowlton, P.C., by Richard L.
Shearer, #8792, hereby enters its appearance as counsei for the Defendant, Richard E.
Butler.
DATED this 5`° day of February, 2001.
CLANAHAN, TANNER, DOWNING
NOWLTON, P.C.
~
By. ~
''._/kic ard L. Shearer, $ ~
100287627.DOC;11
CERTIFICATE OF SERVICE
The undersigned hereby certifies that on this 5°' day of February, 2001, a true and
correct copy of the foregoing ENTRY OF APPEARANCE was mailed, postage prepaid and
properly addressed, to the following:
Darin Morgan
Codes Administrator
Ciry of Wheat Ridge
7500 W. 29`° Avenue
Wheat Ridge, CO 80215
Tammy Kay Ewing Greene
Assistant City Attomey
7500 W. 29"' Avenue
Wheat Ridge, CO 80215
100287627.DOC;1 J
STOP YOU ARE HEREBY ORDERED TO STOP WORK LOCATED AT
`f
BY ORDER OF THE CITY OF WHEAT RIDGE BUILDING DEPARTMENT
FOR THE FOLLOWING REASON(S):
> ),,/0 av;l~P~ ,1-7 ~
~n j r7 c~ !//C7~ce-j'1'GnS
~C~
l ~U'
w> /Ia o
This
-
notice may be
removed ONLY by
~
THE CITY
OF WHEAT RIDGE
BUILDING DEPARTMENT !
Date: ~ Building inspector
C~~
_ ~e2,
~3tdo~ ~tJ ~ ~3ccQ`~t- P ~2
April z, Zooi
Aardex Coipontion
12340 West A(ameda Parkway Suite 220
Lxkewood, CO 80228
ATTN: Shane Fowler
Mr. Fowler,
I haue received and reviewed youi p1_ans for the development located in the 44'" Avenue
Industrial Park. The plans are approved as drawn meeting the Fairmount Fire 1'rotection
T3istricts requirements, the following comments are per the Fairmount rire Protecfion
District conceming this project:
1. All Building Code requirements shafl meet the approval of the City of Whcat
Ridge $uilding Department.
2, Engineered Fire Sprinklzr Drawings shali be submitted to my ofHce for
approva3 and perrnit from your certified Fire Sprinkler Contra,ctor.
3_ Engineered Fire Alacm Drawings shail be submitted to my office for approval
and permit from your certified Tire Alarm Contractor.
4. Provide a Knox Box at the building location in an approved location.
Applitation attaehed.
If I can be of any further assistance regarding this project please feel free to contact me
303-279-2928.
Respectfully,
tAtRIvIpUNT FIRE PR07ECTION DISTRtCT
Tony Ligrani, Fire Inspector
ZSZI 8LZ £0£: 'ON Xtlj a~13 q-unowaipj; WOb.i
11/01/2001 15:52 303-233-8575 CCI PLUMBING PAGE 01
Nov-Ol-ql 04t09P P.OS
( i)*Rr%MV
NovembSr 1. 2001
TO' To Whmm it Mxy Concem
FROM: Shsne Frnvler, herd"
CC: Iim $]ock
HE: Maxi-5ioryyzprojea
P=ECT MEMO
CC! Pqrrribitg & HcEtift Inc. will be wmpleling tha plumbiag scope of wurk nn the Mszi-Smrage project
locetc6 in cho 44°i ittdue([iel paric.
~~>LeG,\ ~+J y2J~`~1~ _
llC.
i
tnou w ntmak vk.y, su;« 220
i ~tc»,..~. c:(1 AP72&
~3U3) "rXl tifi'A'1 Ti~a~e (i(I i~ 4(1"1-861Q (w<
i
BUILDING DEPARTMENT
(303)'235-2855
CITY OF WHEAT RIDGE
* * r;
~
~
Correction Notice ~
Job Located at ! 3 b~( 3{~~
' I
1 have this day inspected this structure and these premises and ~
have found the following violations of City and/or State laws gow
erning same:
l;;(
i.
j.
:x
.r
~i
i,
J
You are hereby notified to correct the foregoing violations. a
When corrections have been made, call for inspection. {
~
. i
Date
. , . InspectorforHUlldingDept. _.y
DO NOT REMOVE THIS TAG
~i
. FORM WR6-22 . . . j
. . . . . . . . .
7500 WEST 29TH AVENUE • WHEAT RIDGE, COLORADO 80215
November 8, 2001
Mike Treat
Sunshine Building Maintenance
FAX 303-233-5937
RE: "Spartan's Concrete Sealer"
Dear Mike,
The Ciry of 44~~
GWheat GRidge
This letter is to confirm that the use of the above product is acceptable to use to seal the
floors and 13601 W 43`d Drive. Product must be installed per manufacturers
recommendations.
Should you have any other questions or comments please contact me at 303-235-2853.
Sincere ,
Darin o gan
Codes inistrator
Cc address file
(303) 234-5900 • ADMINISTRATION FAX: (303) 234-5924 • POLICE DEPARTMENT FAX: (303) 235-2949
11!05/01 10:28 303-233-5937 ~ 303 235 2657
~UAISHINE
9UlL DlNG MAlNTENA NQE,INC.
FACSIMILE TIiANSMI'T'TAL SHElET
N0.63? Dal
17ATB: TIME:
ll(S/Ol
TO: _ COMPANY: _
o.ri W
FAX NUMBER: Y PHONE NLJMBLR
C3a,~j ~ 35- ~8 5'7
FROM: C
ReFr-.RrNCE:
NUMIlER OF Pt1GES "Z'RtANSMITTED INCLUI7ING COVER SHEE7 ~3
NGTcS/COh([viClV75: ^„~S~, fytavn~ni,
~
(3o3S a33-so-7-7
1^! 4
~
7717 W. hth Avanr fa. .I Init r' e! nYownniv rr) Rm 7.~; . ivzq) 01a_+.177 . Fd Y/Ql741 744_GO17
11/05%01 10:29 303-233-5937 ~ 303 235 2857
..11, 1„ 1 1- 1.4v..wi VII614V11{i{i wi i L i rnn nv, ow coc otc4
. . _ . . . .
. . . , ~ ~ , ~ . ' • ' . : ~ ' :
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y • f,n ~5~'
~A~I .I"~!~.I~~p~:u~'•~\~~ T. v.''::~r.l./•''. ~I I.. I'/ V... ~,}`.~nl'.
i•~~~.
~l..ir.-~Y~:ti`~A.S.ur~. i"i.~~•~',.~»° f ~ 1
':t;... ,,,,y •~Y.i.... :.1,-~4_, ~k:~.,'.. / ~_....~~`..:1y~~~~;,
C'`:. ~-"r~,y~S. .,.i, / ~ Y • ` ,Y
.Y~~~~'..KFA ~.`•I1.'~ .'1:1:'.i/~':",:•~d'.~':<,~ ,..4.. . ..:i%„j;-!
'.i.Y:i~:..~SwL~~~I~~F)'' IN.S~i:.Y.:.1. 4/`~:'~'''y:,~~'~p~P n~::~".;_).i";~.:,~!•II.•,d`~ ,y rry~;,"~~.
.~J: .~I i<... .1 .\~~t~~ A' `C. ~~••f ,i
VA~.~Ie.,•'`y~:'~Yv ,y54•~lr~tp~nl:,nr:~J)~
, ~ , ~ . ,.~,'Ai. - , . . . . ~..;r,~...... . ~
N0.637 D02
r. uc
i i~.7•::.?t,' ~S
, ` R':5~~^~~''~•rj1$
OT'• • 1
q'• ~ .~1. u:~~• /%4'.'•i
. .
Concrelo (loors ire hafd, touqh,
durable and will provido ycirs of
servfcc3. Yot thcy must i;e proj,4rr:d
and m3inWined propeilyto
~ pr6vontwaterandstiindvnage.
Spartan's ConcreFe 5cal is a
protectivo non •ycitcnvinl
6OIY6nt-baaed Sflal fpr usn. pn all
concrete-aiiher olci or naw.
Concreta Seai is A penetratiiig soal
Ih3t isciUally hecomes part n( !hc
llaor, ttiereby increas:tlQ il6 - -
durability and proteCliverless.
Gonc~c•la Scn1 prptcctz igainst Uir~,
damapPng stnins ond grras0. II Can
rCduCe thR mninlr.nanr,a tirna tnd
e(lorirLquiretltokeopconereic
Innkirg 6nnd nr.w.
~741'a:ti ,t•• i~:Pil.;;: .
Concrr.(c £CoI prcvCnis ConGfnla hom
dustinp orpowtl•ring, lhu3 tcciuciro{i
maiNr,nanr,c t;ma anc! r,rpr,it::c.
P:, s~:: ~ ratr;:. ,
L)uring the curing process o( n11cw
r:Onr,rotC flour. COnr,rCtc 5Ed1 iorms a
tr~nsDare~u mcml~r~iye tu .eWin
m0i»bire ana reoulaic lhn cvaporaGon
rate-resulting in a harder, rnorc
abmsinn•rr,siclant surfacu.
h. tt'•4,1 i_ t.
C,pncrate 5r.;f1 is diFfr.tul; thrri 8
SUIfICC 6Ct11-.li ddUlllypCilCVaIr,.".
IhB CN1CrU1@ nltU becotne5 tit iniog¢11
part ol Ihc lfuur.
S . .
Conr.rclc Sra) 2si= fppF. whnN anU
indusuial vquipment U•aftie, aswc•11 as
aIISaIilip Eq115, (;cHnr,ts^.{r., Su'll iS
impr,rvioas rowcaihCr. ther0lum, it
may ba usr,d on cztr,•riur tis wcil ns
inlcriorCOnf.rNr,. :1.~...:~. ....-.,..,..1...~.~.._
11/95/01 10:30 303-233-5937 - 303 235 2857 N0.637 1?03
~.vv• ~v u rap..yv~ vu1-nawIL¢ uul 1 LI 1 nn IRI. JuJ GJt OIGY I', V3
{.i,.!h..1•.l•.'I: .
1. MRr hmq :.ttuU Ihr. Oi+~)r N•iih t
tLlulion ol •`.1(varf-:n'S S(:• 209 inG wa1Cr.
Ulclhnrlc f'a1l'S ;hcn1W f`rfhCr UO
snndAd cdt nr fnmuw,:1 wltli Ghippcr.;
Ir.nlluli.i:i3l (uf UL'.` PurpU':C. Nifisc:fnd
Icl tify
A1y ily Nu3 i,Opl Cd CUnr.relo 8c:;11
u:mtj u lalJis Wool aqnp6,nfpf,
fpraylup t:qni4;muit or roirc;r; - avoid
pi Iddiinn
3. AlG;t .;II:.Miu}1 Utc fin;( C:ti:s; GtrR ln
VN Y"routs lo dry. Grroy n wor,Ontl r,npl.
0'i6Vih,ry tltr: flpiphcs+nr in oi ia dimclion
oniy
q. /11hhv nucrnigf d dtyin(l bA(a0 usu.
; t:, i ~ : r< r,,. rs
1. & Sr,,pri cvq (IJor is It,arU cnnusjh Io
::i iririott K•~~rihl, c,pVly £p[n lan'q
L'nnucfc 5r,:4 in a in,i{utrn cc,:n. 70
•n..n.~.l ..~.~,i}t1S 7itlt1 ~[i i~C(UIISt!UU.':t,
.
only rnUcrs or r..ptayors shnuliJ be 1.15eu.
2 iI i; iinpx)il:;ill !G MvCf Edl pur[ions
p( tlLi IIO(jf ;).11(!I!(J(1 (?I CUtiCfF.(e uPHI
utill Ciivr.Y 4f!0 i0 fd)f) tr1u;:ur. Ifct.
tko nnt t'Fqply ryIa':Ur, nnax't:>, hw!y or
eslraw i.Al tbp pt 0)ncl'NC:irC1l,
q. 1 hi; p(br wdll Yn: rca,7y lor ugo alyrroxiinr,loly 4xa tn t.ix hoursaflp
!,~r: ,~•d= r. • . .
'la m;iinl.i:t tIiC St:"deq Aoar, uro
°parUlu'; S:f )'lQ dnuln,d L40 L,r IigIrt
sud; i";tlh+na6r.r d:llitcd 1:101ur
nillron; ilic C1r Sl-i-» dilulCtl
1: tl) 01 ul ia^r,hina Sf,ruli lor hwivy sail.
Vrn kttl6ctri4) antl Inxlitulion'll US¢ Only
6pnrinn Chr.micni Co., litiG,
iION.. WutlwoqAAvo.
. Toladu, Oivfo 45607
f.0ilCfr,tr, $0:.11 7', CNrpICICly!
ILCC~~tAuic in area5 like warel iUUSt1:i,
1aC1uri0S, Jflra9e9, e(c RaCa:il 113I(ic
13nnS :a.^, mqubed.
flliCr cAl1U~'~tc hig rUrrd 'llld il 3 flp6t
lini;,h is dcsir(:d, ctIno;i, i$p;jr I;,n
fini511 tlr,(1r,nding on
fnJinWn;fOCC
proccdT+M .
i. II is +mry nnpotldnl lo havc
adr,qUAtr, vCnkilaliOn. .
2. My fnUdF; wrnppCCf pr smwr3pprd.
sl,oukl ho rCrt+oved frorn ilH: rornn ln
Dc S4nlqd. 3. fUlhouph ConCreta SEaI mdy tNd
appliCClOvCr painPpO EUr1aCU5, 8 81n3B
arC1 ShOUItl b41O51eCt pnOt t0
Crympb:tn pppiicalion. Moct paini; may
bc appilnci rnrr C;oncmtr.:,aaL Again.
:l, tor,t rpea i:; rcc;nrnmr.ndoo.
4. 7'ItC (iOM ShOUI(1 I)C WCart 1q0 tltY
5. Qo qoi acitl r:u:r, Rvc pwu
& CICA11 ruif.+mcnl strould be used.
7. Tho lr.mpctaiuro nf ihn nroa and
t1isd4rifsli yilquld rqt bC IOwG ih;tn GO°.
8. Atl pdol AghU or oPCn 11an1cs shOUld
hr. buncd p1f.
9. Amplc lighhno i; impprlant iq
aa,u:a c:nrrplclo r,avrrapc af i1hR f160f.
q1: S r_.cu b:i cr.r,. 4'c isx~'eec SC:.l:
• wherc ccmcrotfj Ousting or powdcrinp
r,s. Ormay bc, i prpblc;m
• are80 Eu9GmptiUlO tu w8tor anCJ
GU-U359tl SI8iri5
• on noW COncm:tC IIoOrS
• on old ConGr¢tC tl0ur5
• ouwidf concreto subJected io
<<rx~,iino sairs (sUt'.h d5 icE-fnNt
Cornpaimds)
Bo surc to rcad a!t pproction3,
Prcwutionary and First Aid
Statements on protluct la6els beiorc
use of fhls ot any Spartan product.
Material5nfety Data Siieets lor iII
5paNan products aro avnitxble fsom
your authorized Spartan dlstributa.
lCeep mway frOm Chitdren.
f :ii i:-::'~•`.'.^-1.:
ar i i_i: a i tis CUuinfrjLri t [As tiecrv
.CMP(ICC1.If MAYCONfAIN
EXPLOSIVt AND 1tANMFUt. VAf`OriS
ANO RESIpUE. KCCP AWAY FIlOM
HEAT, 5t'ARKS AND Fl.ltM(S! f)O
iJQT Cl1T, i+tlNCTURF. 0(t WF.I f) pN
OR NEAR 1 HIS CONfnINf;,I'1,17U NOT
fiF'-USf C,ONTAINLR f-011 ANY
VUCtAbSC UNTiI COMMESiCIh1 f.Y
CLEANEO.
(i i•e.i'C`H D;. f
t. AGryYc pdyin'r (non•yr.ifowinq)
2. SolvCnt b:)'sr,t1
i. Non vol:tYilr. Sulidg: 17%
4. Fla:;h Point (7ag ClosCtl Cup):
ibt° F. (01,41l1 Flannmabiiity Clis:i II)
5. Ilv Toxiciry ppiu in riir: 200
6 Covcr.~~~o: 4UQ E00 sq ftllIaila,
7. Wmgid:`l5 lUS.lgaitun
NOTG Concrolr.:is;n1 ia nut
rCGOTmr.ndCd for ute on qu7iry fitc pi.
-nyulhr.r{~laicd:;w(accs. Concrot,
$C31 (fe(ICLtalL'S lll@ sUf1dC:. !:3:Ifti.^.D
in m ezcenGOnxlN durorylq Acnl.
ThCrCfaro, IhC W"CCnaay pxpL•ti0nac
diffieuny in rCmovin3 OOncreiu Sr.~i
SparVin's Cw+cretr, Scal is avaii:,nm in
55 pallon dnims nntl 5.0:+tipn pnils.
G:t.xE.rdr%.: q
Spartan's motlo•m m.mular.tunnQ onU
!JU(Sf2ltify C4f1Si0f Ii}$Uf0 tJIlilGi l5
quafily If [fi;sali,ficd with
pdformnqec 0f Pro'jtt, nny unu:;ed
porUOn ttwy bc returocd Ior crcd;t
wilhin one ye8r ol Uie dale 01
er2.nU1dGtUfp.. USC proC1UC1 AS LilCrlCN
an(S rCOd pll prFG,yufiQ11:1ty 51',Ilf.:iSlOtll;.
WbEltm!!!
n~• rn.~n•.
T( Imq46YI mNYrlyyY!'
~..Cr, vop ^
HP OfficeJet
Personal Pririter/Fax/Copier
Fas Log Report for
DEVREVFAX
303 235 2857
Nov-08-01 10:28 AM
Identification
Result Paees Tvne Date Time
Duration Diagnostic
93032335937
OK Ol Sent Nov-08 10:28A
00:00:28 002586030022
,<.o
BUILDING DEPARTMENT
(303) 235-2855
CITY OF WHEAT RIDGE
* *
Correction Notice
Job Located at p 4e'), L~~ ~
I have this day inspected this structure and these premises and
have found the foliowing violations of City and/or State laws gov-
erning same:
You are hereby notified to correct the foregoing violations.
When corrections have been made, cali for inspection.
Date
for Builtling Dept.
DO NOT REMOVE THIS TAG
FORM WR6-22
C 4' G/ -
~Ir h riGe9
BUILDING DEPARTMENT
(303) 235-2855
CITY OF WHEAT RIDGE
* *
Correction Notice
Job Located at 13 ro/ 3
I have this day inspected this structure and these premises and :
have found the following violations of City and/or State laws gow
erning same:
O
You are hereby notified to correct the foregoing violations.
When corrections have been made, call for inspection.
Date
. ~ . ~epector for 9uNdMS Dept. ~ ~
DO NOT REMOVE THIS TAG
~ . - FORM WR6-22 . . ~ ~
_~04/06/2001 68:25
. Apr-06-O1-07c3ZFi
3639872304 _ ALBER ENGIENEERiNG PAGE 01/03
_ P-O1
~ LL c v..tk L4 crr.-`~u_D
~y 4 ~ IameCa Parfcrray
~{„I~~Y U uccd.CD 0G228-2Ed
I\ I\ d aareex(~
aa7cez.car
q/6/(, '
CAr:
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FA_`C c a>oy
4 p~.G~5 -3
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.a,~'!r'~/ " ~lJ~ $'rr ei(f••(GCb{ t~-r~u+.~-h7+'~..'
6-
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. ,r.,.. / "z i 4 e .i-,':. e q lr~...
F.MA VV V ER
04/06(2001 08:25 3039872364 ALBER ENGIENEERING PAGE 62/03
P.Q2
ApY-06-01 07:32A
5C
COM90 IMAiE C8NUM
May 5, 2001
Altn: Jerry Albet
Aller F..nginccring
Jte: Maxi-Storage k'roject - Promuted Use
Jerry:
In re,ponse to pour qucstion on the use of oiu Maxi-Stara(;e faciliry, we are subftiitting
the following items for review. so you can makc the appmpriete decisions on che flre
atarm & what is required by code.
The facility lias been sold and promoted as Rv Storage and stornge space. Attached are
all ofour marketing Flyers & promotions & you can see that lttey promote storage as the
only u,Re. We haven't mazketed the facility For industnal manufaCturing or commercial
repaiTnr shop use, In fact, anything other thxn storage is spccilicapy pro}ubited in the
Condo Assnciacion Documents (See attachcd eXcerpt from thc associatic,n docmnents).
The lleclaratiau wi11 he recordeci prior to the salc o1`the first unit and will become a Part
of public cecocd.
i hope this anSwer, your question regarding usc, su you can design the fire system
acwrdingty. Givc me a call at (303) 221-0690 if you have any othcr questions.
iY~jZ
Sincerely, 1`
Steven K. Garrisnn
President
6970 Snnih 3-inliv Cirnln 11204 •('rNf*~~~ipl ('(1 %(il 1 7 , tD1 7,9'1 i l)0
04/06/2001, 08:25
Apr-06-01 07:32A
3039872304
ALBER ENGIEtJEERING
ARTICLE SIX: RESTK[C-f I:'r'. CCSy'F.N,1A'T5 etMll !?l3i,lf,ATIONs
PAGE 03/03
p.03
b.l Use of the Condominium Units. F.xch fT.v~ier sha11 be ee~tltleti to the exclusive ownctshi}~
4tnd povse:;sion of hiy un ccr (:undominium Unic. Subject to she Declxrant Ttighte reserved by
the Declarxnt in ARTTCi.f TF,PI hereot and the exomplions for t6c IDeclarant set TorEp in
Paragraph 6.14 hereof, Coadamineum llnies within the Condominium Pro,ject eha{I be used for
tse alnraee cifvchicics, including recraationalvehicles, and persoaai property un1y. Sta+-egc of
@azardous materials and/or hazardoua waste ia stricefy prohibited ax ix Indging, living,
recailing, ofiicing, manufacturing, wetding, operating eqaipment with upen flamc+, L P. gsa
heseers, or employmeRt of nersannel wit6in the [Jnit. Outyidc atorage, and rnmmetcial and
industrial workqhops and auto repair nperatiuns arc alu) nrohibitcd.
6,2 ilse of the Comnlon F,lementx. Fach Ow ner and h is un ccr Gucgta may ux thc appurtenant
Common Eicttbeats itt accordance with thc puspose for which they are iAtendeJ, without
hindering or encroaching upon the lawful rights of the other Owners. The Bosrd of Directors
may adopt Rules and Regulaeions guvern;ng ehe uce «f the t;timmon Elements, hut auch Rules
a11d RegUlxtinns shall hc unifurm xnd nandiscriminntory. F.aeh Ownar, by the aeceptaoee nF
his or Aer dCed or other 9n,strumcnt of convcyanca or a%signmcnt xnd sach Owncr's ruests
occupying the Unit agree to be bound by ady such adoptcd Rules and Rcgulstions.
There shaU be no obstruciion oithe Common l'slements, nor shall anything be storecl on
any part uithc C:omm<in E,lements withoul the priorwriuen c«nseat otthe 13oertl ofDireclrns.
Nothfng vhall bc altcrcd, constructed un, ar rcmovLJ [rom thc Common Elemeats except upon
me prior writcen consoat of thc Buard of Tlircctors.
6.3 No UnlewPU1 Use. Pio unlaNEaj, immoraf, offcnsivc or imprnpcr uxc shall bc permiketl or
macie within the Condominium Project or any part tliereof. AU va1id laws, ordinaneea snd
rrcgulationm of all xcyvernmentai balies having jurisdiction s6a11 be observed.
6.4 5ie°s, No signs shall bc placed or permitled within the Condominium ProJeet, except those
identifying khe Condominiurn Yroject, t6e adection anJ location of which ix reservcd to the
Board uiDirccturx until ull of the Units hove been sold.
Fur wlc and fur lease signs for Unlta are aftowed witb written apprnval ofthc Roarc# nf
Dircetun.
6,3 Pcts Within thc Condnminium Prnject. No animAls, reptites or birds gha11 be kept in any
part of the Condominium Projoct.
F.b Rules. Rules may be adopted by the Koard of Directon concerning:rnd gorarning the ase
o(tpe C:ominon Rlcmcnts prurided, tiawever, that such 12uleg artd Rcgulxtions shall be uniform
and noqdiscriminatury. Capies of all sucli Ru Icc Hnd ReKulxtiuns shdll be IUrnished toOwncrs
yrior to thc timc rhat [hey beco¢ee ciTeetivc.
_2(.-
rcZMiT tKf,CKING FO+ZM W 1
DAtc 5U5MIT7'ED 2 -~S-(} ~ PEFMir NUMBER `aa8 TYPc QF pERMjj
CONTZACTOtZ ttLR~ PHONE 'is -GVOV
OWNER _ l l lI~ UlJ c~\ VA ~~5 l ` PHONE 1310cV
TYPE OF REQUESr
RcQUIRED CONDITIONS ME i PRIpR r0 PEZMIT APPLICATION ? YES NO N/A
CONDITIONS OF APPROVAL
L DATE IN DArE OUT
6UILDING DEPARTMENT
l~
~ PLANNING OEPARTMENT
~ • FfREDEPARTMENT
a crrY nReoKIsr
d POLICE DEPARTMgNT '
O ' SEWER DISTRICf '
❑ WATER DISTRIGT
a
tnvwttKiNG OEPARTMENT
ESCROW AGREEMENT
LANDSCAPING
TO: City of Wheat Ridge
7500 W. 29" Ave.
Wheat Ridge, CO 80215
The sum of One Thousand Four Hundred Fifty-Seven dollars and fifty cents ($1457.50) to be
held in escrow with the City of Wheat.Ridge until landscaping is completed at 13601 W. 43Td Drive,
Wheat Ridge, Colorado by Co.,dc 5tcmy c Ca..eepres,
The City of Wheat Ridge shall have the absolute right to withdraw the Escrow funds for the purpose of
completing the landscaping should Conda Storage Concepts fail to complete or provide said
landscaping and parking lot improvements prior to the date of .F1arck 3o,zooz .
The only requirement to withdraw the Escrow funds in behalf of the City of Wheat Ridge shall be a
letter from the Planning and Development Department of the City, executed by the Director of said
Department and witnessed by the Mayor of the City of Wheat Ridge. Said letter shall state that the
landscaping, as above set forth, have not been completed or provided by Condo Storage Concepts
and that the date of ✓f'1a«a 30, 2ooz has expired.
ACCE ED:
Alan C. White, AICP
Director of Planning and Development
City of VJheat Ridge
7Sno W. 2.9~- Pvehu,e 303.235.284(~
Address Phone Nwnber
Sfieve coqrr:Son
Owner
1 R3 NU W. Alagan<✓w plcw./. #z2o
Address 4~k e woc d CO 8 0 2 R$
Date: ✓Vave,Y,be, IS, 2001
) ag>-vauo
Phone Nmnber
303 - 221- 3120
C:\Memo Temp7ateU,andscape Escrow.wpd
ARIVQLD'S CUSTOM SEEDING
28667 wela caunty Ra. ao
Keenesburg, CO 80643
303-732-4021 ph. 303-732-0510 fax & phoae
1-800-500-2534
11-1401
AARDEX
ATIN: Sbane
On 11-13-01 we planted native seed and hydxomulched approx. ]O,QUOSF at the Maxa Sotrage, 13601 W.
43cd Ave., Wheatridge, CO. "Chis work was pex£omted for Intermvutain Landscape.
Sin ly,
~
r'-L~
5andy Pcalle
FAX COVER SHEET
ARNOtDS CUSTOM SEEDING
2886I W. C. R. 20
Keenesburg CO 80643
1-800-500-2530
303 732-0510 fax & phone
SEND 10
C*lwa"~ -4I44 K
Rlfandpn Cr_ Dam
f -O )
oirce araffan orrsa acernr,
F6Y Af/RlDB, PIfOnB/WmbBF
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TcteIPeBBBYx*x" c»rer o?
83197
PURCHASE OItDER
TO '
C:tv a~ Wtia4~ 2•'~,~Q
DATE
I1//`//o
ADDRESS
DATE REQUIRED
CITY, SI'ATE, ZIP
TERMS
SHIPTO
-
HOWSHIPPED
ADDRESS
REQ. NO. OR DEPT.
CITY, STATE, ZIP .
FOR
QUANTITY
DESCRIPTION
PRICE UNIT
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IMPORTANT
PURCHASE ORDER NUMBER MUST APPEAR
ONALLINVOICES - PACKAGES,ElC.
PLE45E NOTIFY US IMMEDIATELY IFYOU:ARE
PLEASESEND COPIES.OPYOUR
INVOICEWITHORIGINALBILLOFLADING.
UNABLE TO
SPECIPIED.
COMPLE(E ORDER BY DATE
PURCH
GA
ORIGINAL
005831
1+'141=bb1 12:39 3033849995
INTERMOUNTAIN
LANDSC
rJyrE"vviv TAriy
_t..frNDs•cApE &
PAGE 91
snRrivKLER, lJvc.
~
-►t?:~.~~.~ x~\1~~~ rAKNa
rROrr:
aAIrr::
NIU. Ol' PAC;I:S SEN7': ~ (fNCI.Ut)ING COVI;x)
~
( ) ui21GiVA1.'fv 1=01doW IN MA11.
0fZ1GINAi.1JI1d.N0`I'1't)Ij.UW
( URCr.N'r
CUMMF:NTS:
~
17000 SvU'i`i-} (;u11)f:N 101 G0117I:N, Cv 80401 )03-384-)9941'AK 3d3-384-999f
Aardex Cornoration
Citv of Wheat Ridae
. DATE-JNYOICE NO - 'DESCRIPTION
`INVOICE'P.MOONT
" DEDUCTIQN
'BALANCE
11-14-01 83197 Cash Bond Fee
1457.50
.00
1457.50
K 11-14-0 1
13889
TOTAL> 1457.50
.00
1457.50
DATE
NUMBER
PLEASE DETACH AND RETAIN FOR YOUR RECORDS
Aardez Corporatzon
Citv of Wheat Ridqe
-~DATE - 1NYQfCENQ , DFSCR(PTIOY~,,t`c ,
-
IN~(016E.A~v10Uf~tT,
11-14-01 83197 Cash Bond Fee
1457.50
` :00
1457.50
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PAY City of Wheat Ridge
ro rHE 7500 W 29th Ave
ORDEROF Whet Ridge, CO 80215
retl fifity-seven"ciotfars and 50 cehts
I
i,
I~
50 11900 13889ii' 1: i0 70064 281:00 i000 3 38 7
DFPARTMENT OF PLANNING AND DEVELOPMENT Building Permit Number : 12286
` BUILDING INSPECTION LINE - 303-234-5933
CITY OF WHEAT RIDGE Date : 6/712001
7500 WEST 29TH AVENUE
WHEAT RIDGE, CO 80215 - (303-235-2855)
Property Owner :
Property Address :
Contractor License No. :
Company
13601 W 43 DR
20922
Aardex Corporation
Phone: 221-0690
Phone: 3039879000
OWNER/CONTRACTOR SIGNATURE OF UNDERSTANDING AND AGREEMENT
I hereby certify that the setback distances proposed by this permit application are accurate,
and do not violate applicable ordinances, rules or regulations of the City of Wheat Ridge or
covenants, easements or restrictions of record; that all measurements shown, and allegations
made are accurate; that I have read and agree to abide by all conditions printed on this
application, and that I assume full responsibility for compliance with the Wheat Ridge Building
Code (U.B.C.) and all other applicable Wheat Ridge ordinances, for work under this permit.
(OWNER)(CONTRACTOR)
Description : NEW WAREHOUSE
Construction Value :
$838,094.00
Permit Fee :
$4,839.25
Plan Review Fee :
$3,145.51
Use Tax:
$12,571.41
Total:
$20,556.17
Use:
~112~1 ~
Electrical License No :
Company :
Plumbing License No :
Company:
Mechanical License No :
Company :
Expiration Date : Expiration Date : Expiration Date :
Approvai: Approval: Approval:
(1) This permit was issued in accordance with the provisions set forth in yopur application and is subject to the laws of [he State of Colorado and to the Zoning
Regulations antl euilding Code of Wheat Ridge, Coloratlo or any other applicable ortlinances of the City.
(2) This permit shall expire if (A) the work authorized is not commenced within siMy (60) days from issue date or (B) the building authorizetl is suspended or
abandoned for a periotl of 720 days.
(3) If [his permit expires, a new pertnit may be acquired for a fee of one-halF the amouni normally required, provitled no changes have been or will be made in the
original plans and specfications and any suspension or abandonment has not exceeded one (1) year. If changes are matle or if suspension or abandonment
exceeds one (i) year, full fees shall be paid for a new permit .
(4) No work of any manner shall be done that wdl change the natural Flow of water causing a drainage problem. (5) Contractor shall notiry the euilding Inspec[or txenty-four (24) hours in advance for all inspec[ions and shall receive written approvai on inspedion card before
proceediing with successive phases of thejob.
(6) The issuance of a permit or the approval of drawings and specifcations shall not be construed to be a permit for, nor an approval of, any violation of the provisions
of the builtling codes or any other ordinance, law, rule or regulation. Chief Building Inspector
DEPARTMENT OF PLANNING AND DEVELOPMENT
BUILDING INSPECTION LlNE - 303-234-5933
ClTY OF WHEAT R1DGE
7500 WEST 29TH AVENUE
WHEAT RIDGE, CO 80215 - (303-235-2855)
PropeftyOwner: Lesee: Condo Storage Concepl
Praperty Address: 1360i West 43rd llrive
Contractor License No.
Company
20922
Aardex Corporation
p -
p~ 303-221-0690
V l, - 31zo
Phone: 3,93-987-9000
OWNER/CONTRACTOR SIGNATURE OF UNDERSTANDING AND AGREEMENT
I hereby certity that the setback distances proposed by this pertnit application are accurate,
and do not violate applicable ordinances, rules or regulations of the City of Wheat Ridge or
covenants, easements or restrictions of record; that all measurements shown, and alleqations
made are accurate; that I have read and agree to abide by all conditions pnnted on this
application, and that I assume full respons pility for compli e with the Wheat Ridge Building
Code (U.B.C.) and all other applicable W t Ridge ordin ces, for work under this permit. (OWNER)(CONTR4CTOR) SIGN DATE 3 I y Il
.LN'v~ CtAZRlscti t.24 -0 toqo
Description :,{1z wc,a ha u3 e
Construction Value
Pian RePview: dt7
ermit Fee : F..
use Tax :
Total : Za, rr56. l7 "
Use: ~jo21iC~E.
BUILDING DEPARTMENT USE ONLY
Approval : C Tka-
Zoning : F=b
Building Permit Number :
Date :
+3unc -i
ammtn~~~ t3K ~S~La'o~
Approval:
Approval : QCC-as ri A-"ugi> 7-1
Occupancy : Walls
Expiration Date :
Approval :
Roof
License
Expiration Date :
Approval:
Expiration Date :
Approval :
.
0
-r
_ , „
(i) This pertnit was issued in accordance with the provisions set lorth in yopur application and is subject to the laws ot the S[ate of Coto20o anqty.thq_Zoning
Regulatlons antl Builtling Cotle of Wheat Ridge, Colorado or any other applicable oreinances of the City. i.. (2) This pertnit shall Pxpire if (A) the ~ork auNotlzetl is not commencetl wiNin sixty (60) days tmm issue date or (B) the buiitling authonzed is suspe
abandoned for a enotl of 120 tla s. '(3) It ihis pertnit expires, a new pertnit may he acquireC (or a fee of one-half the amount nortnalry required, provitletl no c0anges have been or wili be made m
onginal plans antl specifiw6ons anE any suspension or a6antlonment has not exceetled one (1) year. If changes are made or if suspension or ahandonment
exceeds one (1) year, lull fees shall 6e paitl for a new pertnit I
(4) No work of any manner shall be done Nat wiil change the na[u21 fiow of water causing a dreinage pmblem.
(5) Contrettor shall notlfy the 8uilding Inspec[or Rventy-four (24) hours in advance (or all inspections and shall receive wntten approval on inspection wrC before
proceetliing with su ive phases of the job. '(6) The issuance of a t or N pproval of drawings and specifications shall not be mnstruetl to be a permit for, nor an approval of, any violation of the provisions i
of the builtling es r r ortlmance, law, rule or regulafion.
i
Chief iiding s ector
~
i
SIC : Sq. Ft. :
i~~:
ZP~F
$idSU
~
~~..,Iol ;
\.~`i. ~ V
'
`
~
A
RECEIV ~~1
P'AR2 ~2 "i,,
Stories : `-;,keAd~ntial Units :
DEPARTMENT OF PLANNING AND DEVELOPMENT
B~!IL,QI.1NG INSPECTION LINE - 303-234-5933
CIl'Y OF WHEAT RIDGE
7500 WEST 29TH AVENUE
,
WHEAT RIDGE, CO 80215 - (303-235-2855)
Building Permit Number :
Date :
PropeftyOwnef: Lesee: Condo Storage Concepts LLC
Property Address : 1360I West 43rd 'urive
Contractor License No. : 20922
ComDany: Aardex Corporation
Phone :
Phone:
OWNER/CONTRACTOR SIGNATURE OF UNDERSTANDING AND AGREEMENT
I hereby. certiry that the setback distances proposed by this permit application are accurate,
and do not violate applicable ordinances, rules or regulations of the City of Wheat Ridge or
covenants, easements or restrictions of record; that atl measurements shown, and allegations
made are accurete; ihat I have read and agree to abide by all conditions printed on this
application, and that I assume full respons ility for compli e with the Wheat Ridge Building
Code (U.B.C.) and all other applirable W t Ridge ordin ces, for work under this permit.
(OWNER)(CONTRACTOR) SIG , E Ci\SQ1,1 DATE ✓ I 00I
Description :,A14-y✓ Wqr o ha us e-
Construction Value :
Pian RePveit Fee
Use Tax :
Total: 2d, 3
Use : 5To2~GE--,
BUILDING DEPARTMENT USE ONLY
Approval:
mw
Zo~in9~
Approvall-.
vmw
' ApFtaal: .
Occupancy: Walis :
No :
Roof :
Plumbing License
RECEI'
M,4R 2 1
Stories :
SIC : Sq. Ft.
15 ~3 51~.
Units :
Exp~rafio~ : Expiration Date : Expiration Date .
ApP~rova0 Approval:
~ Approval:
u
. y
(9,Th s issued in accorUance with the provisions sel forth in opur appliptlon anC is suhject to the laws of the State of Coloratlo
;A*tl Builtling Cotle af Wheat Ridge, Colorada or any other applicable oMinances of the Ciry. 9 authonzed is L
(ZI ~'T~ II expire if (A) fhe work authorizetl is not commenced wiUin sixty (60) days fro m issue date or (B) the builtlin
a apenotl of 120 tlays. - rovided no changes have been or w
!l~) pires, a new pertnd may he acquired for a fee of one-half ihe amoun[ normalry required p
° d specifi~a6ons ana any suspension or abanGonment has not exceeded one (1) Year. If changes are matle or if suspensi~~~~
year, full fees shall be paitl for a new pertnit
N4manner shall be Eone that will chan e e naNrel flow of water rausing a d2inage prohlem. e
N
`S) ~otly the Builtling Inspector nven four (24) hours in advance for all mspec6ons antl shall receive wdtten approval on ins
P~ successivephasesofthelob. ----~o
s1 of a Pertnit or the approval of tlrawings and specifica6ons shall not be construed ro be a permit for, nor an approval of. any
es or any oNer ortlmance, law, rule or reguladon.
~t Gg Inspector '
~
DEPARTMENT OF PLANNING AND QEbELOPMENT
BUILnING INSPECTION L1NE - 303-234-5933
CITY OF WHEAT RIDGE
7500 WEST 29TH AVENUE
WHEAT RIDGE, CO 80215 - (303-235-2855)
Building Permit Number :
Date :
■ m Il ■ %-1111 r-I ■ •vI 'I .
Property Owner: Lesee: Condo Storage Concepts LLC
Property Address: 13601 West 43rd Drive Phone: 303-221-0690
Contractor License No. : 20922 2a(- 3120
Company: Aardex Corporation Phone: 3g3-987-9000
OWNER/CONTRACTOR SIGNATURE OF UNDERSTANDING AND AGREEMENT
I hereby certify that the setback distances proposed by this pertnit application are accurate,
and do not violate applica6le ordinances, rules or regulations of the City of Wheat Ridge or
covenants, easements or restrictions of record; that all measurements shown, and allegations
made are accurate; that I have read and agree to abide by all conditions printed on this
appiication, and that I assume full respons; Pility for compli e with the Wheat Ridge Building
Code (U.B.C.) and all other applicable W t Ridge ordin ces, for work under this permit.
(OWNER)(CONTRACTOR) SIGN~ , DATE J? lL'I I oI
i~~s~ CzR 'Rlsbu
Description : .49z.✓ (Na,o hau.S e
Construction
Pian t2e,vie
rrnuree:*- ygTy.-Z-S-
Use Tax :
Total : Ztl,
Use: ~To2ftC7E. ~I
l ~r iF
BUILDING DEPARTMENT USE ONLY
fi%qmgummm SIC : Sq Ft.
APProval
,
Zoning
Approval RCCCI V CE~ tt,!
sawsmsomEmmmm ZL MAR 2 12 2R 152201
Approval:
Occupancy : Walls : Roof : Stories : ntial Units
License No : r Plumbina License
Expiration Date :
Approval:
Expiration Date :
Approval:
Expiration Date :
Approval:
~
~y
~ o
- rv
0
~ v e
(i) . This pertnit was issued in accordance with the provisions set forth in yopur applicatlon and is suhject to the laws of Ne State of Coloretlo an )p'.f Zoning
Regulafions and Building Code of Wheat Ritlge, Colorado or any other applipble oNinances of the City. ~
(2) This pertnit shall' expire rf(A) the wark auNOtlzed is not wmmencetl wiNin siMy (60) days from issue date or (B) the builtling authonzed is suspeT rl~
a6anAOnetl for apenotl of 720 tlays ~
(3) If Nis pertnit expires, a new pertnit may be acquiretl for a fee of one-half the amaunt nortnally required, provitletl no changes have been or will be matle in
original plans antl specificaGOns and any suspension or ahanAOnment has not exceeded one (1) year. If changes are matle or if suspension or ahantlonment
exceeds one (1) year, NII lees shall be paid for a new pertniC
(4) No work of any manner shall 6e done that will change the naturel flm otwater wusing a drainage problem.
(5) Contrac[or shall notify the Building Inspector hventy-four (24) hours in atlvance tor all inspections and shall receive wntten approval on inspection card before
proceediing wiN successive phases of the lob. -
(6) The issuance of a pertnit or the approval of tlrawings and specificalions shall not be-wnstrued to be a permit for, nor an appmval of, any violation of the provisions
of the builtling rqtles or any other ortlinance, law, rule or regulalion.
51
c~
/
Chief Building Inspector
ii
_ .
APPL/CAT/ON FOR M/NOR DUMP/NG/LANDF/LL PERM/T
APPLICANTS NAME: AardeX CUr.p•
APPLICANT'S ADDRESS:
ADDRESS OF FILL: 13401
4C) W. tl da
(lnclude City, State, Zip)
t/s f7r-,'r2
DATE OF APPLICATION: 6
/u I
OF WHEqT
P
ti a
U m
cbC OR A00
wy #;2z6 leikewvCd ca &oZ2f-
w6..l 2"dSY c6
All permits shail be applied for through the Public Works Department. An approved permit is effective for a
period of one (1) year from date of issue and may be renewed. All fees shall be in accordance with those fees
established by the Uniform Building Code or other applicable City adopted Resolutions or Ordinances.
Note: A// pub/ic improvements, when consiructed, sha// be maintained (by 1he respecfive individua/(s) and/oi
company responsib/e for the constiuction of fhaf pub/ic and/or piivate improvement in the respective
development) on a dai/y basis, oi as needed, such ihat they are fiee of mud and othei construction debiis
tracking from the site. Fai/ure to comp/y with this iequrrement wi// iesult in the enforcement of Artic/e
Specified Nuisances, Section 15-21 (3) of the City of Wheat Ridge Code of Laws.
MINOR EXCAVATION AND FILL PERMITS
1. 1-50 Cubic Yards: No permit is required for dumping or excavation of earth aterials, which do
not exceed 50 cubic yards, provided, however, that any fiil deposited is on natural terrain of less
than three (3) horizontal to one (1) vertical slope, or such fill is less than three (3) feet in depth and
is not intended to support permanent structures, and in addition, such fill or excavation does not
obstruct or otherwise adversely affect any drainageway. Should any of the above standards be
exceeded, or a drainage way be affected, a permit shall be required under the guidelines for No. 2.
2. 51-500 Cubic Yards: Dumping or ekcavation of earth materials not exceeding 500 cubic yards
may be allowed with a permit approved by the City Engineer. All applications are to be submitted
on the appropriate completed application form and shall be accompanied by the appropriate fee and
sketch plan indicating the following information before the permit will be issued.
A Location and dimensions of all property boundaries and structures on the site.
B Location and extent of areas to be filled and/or excavated.
C. Location of existing and proposed drainageways, irrigation ditches, etc., and indication of
how and where historic run-off wiil be maintained on and through the site.
D. Cross section area to be filled and/or excavated indicating original slope, new slope and
depth of filL
E. Statement which indicates the proposed use or purpose for said fill or excavation.
F. Relative elevation of adjacent properties.
G. Erosion control plan showing placement of control devices such as hay bales, etc..
Files on En_inent\Fortn\Filf Permii.wpd
. Rev. 03/00
\
<
3. 501-20,000 Cubic Yards: Operations in which earth material fill or excavation exceeds 500 cubic
yards but does not exceed 20,000 cubic yards may be allowed by a permit issued by the City
Engineer after review of an application and supporting information. The following information shall
be submitted with the required application form:
A. A site plan, prepared and signed by a Colorado registered professional engineer, at a scale
of no less than 1 inch to twenty feet (1:20) which illustrates the following:
1. Location an dimensions of all property boundaries and structures on the site.
2. Location and extent of areas to be filled and/or excavated.
3. Location of existing waterways and drainage courses indicating any changes. (for
a site containing an estabiished irrigation ditch, a letter of approval from. the
appropriate ditch company shall be required).
4. Location of existing and proposed points of ingress.
5. Location and extent of existing vegetation, proposed changes in such vegetation
and methods of rehabilitation on site vegetation after earthwork operations are
complete.
6. Erosion control plan.
7. Grading plan with existing (dashed lines) and proposed (solid lines) ground contours
with contour intervals of 2 feet and spot elevations.
8. At least two cross sections (east to west and north to south) through the site
showing depth of fill and/or excavation.
9. A drainage report may be required if site runoff characteristics are changed.
10. Relative elevations of adjacent properties and structures.
11. Statement of purpose of intended fill and/or excavation.
4. Pertormance Standards: The following provisions shall apply to all Minor Excavation and Fill
Permits: '
A. Rehabilitation: Wiihin thirty(30) days after cessation of filling and/or excavation,
rehabilitation for the site shall have been completed in accordance with the approved
plans. Rehabilitation shall consist of leveling, grading, landscaping or any combination
thereof to minimize potential erosion and be acceptable to the City Engineer.
B. Debris: Debris and/or contaminants shall not be used except with the approval of the City
Engineer.
"For the purpose of this Section, the term debris shall have the same meaning as the
terms "garbage, trash or junk" as defined in the Wheat Ridge Code of Laws, Section 20-
21
In no case shall debris or contaminates identified or classified as hazardous waste by local,
state or federal agencies be used as fill in any fill areas within the City of Wheat Ridge.
Files on Eneinent\Form\Fill PertniLwpd 2 Rev. 03/00
C. Excavation and/or fill areas shall be graded to facilitate weed control until final grades are
, set and site rehabilitation and use occur (must be leveled with side slopes not to exceed
3 to 1).
5. Permit Fees*
50 cubic yards or less
$10.00
51 to 100 cubic yards
$15:00
101 to 1000 cubic yards
for the first 100 cy
$15.00
plus for each additional 100 cy or
fraction thereof
$5.00
1001 to 10,000 cubic yards for the
first 1000 cubic yards a/~~q• 6
$60.00 ~
plus, for each additional 1000 cy
or fraction thereof
$4.45
10,000 cubic yards or over
$100.00
TOTAL g 9 n_
*Wheat Ridge Code of Laws Section 5-76.
All permits shall be applied for prior to fill deposition or excavation operations begin. Any permit
applied for after cutting or filling operations on site are in progress shall be subjeci to a double fee
and other penalties as prescribed by Wheat Ridge Code of Laws, Appendix A, Section 24.8. qny fill
requested under this permit within the 100 year flood zone MUST COMPLY WITH WHEAT RIDGE
CODE OF LAWS, SECTION 26-201, FLOOD PLAIN ZONING ORDINANCE.
I HEREBY ACKNOWLEDGE THAT THIS APpLICATION IS CORRECT AND UNDERSTAND THAT I CANNOT
START THIS PROJECT UNTIL THIS APPLICATION IS APPROVED. I SHALL COMPLY WITH THE LAWS OF
THE STATE OF COLORADO AND WITH THE ZONING REGULATIONS AND BUILDING CODE OF THE CITY OF
WHEAT RIDGE. ANY VIOLATION OF THE ABOVE TERMS WILL CAUSE IMMEDIATE REVOCATION OF THIS
PERMIT AND COMMENCEMENT OF ENFORCEMENT PROCEEDINGS BY THE CITY OF WHEAT RIDGE. THIS
APPROVED PERMIT WILI BE KEPT IN MY POSSESSION OR PERMANENTLY ON THE JOB SITE:
APPLICANT:
Applicant's Signature
Owner's Signature (if drfferent than above)
OF WHqT RIDGE:.
/g /o ~
App oval ate
Files on EnginentlFortn\Fill Pertnil.wpd 3 '
. Rev. 03/00
PUBLIC WORKS REVIEW FEE STRUCTURE FOR BUILDING PERMIT APPLICATIONS
Date 6 / vi
Applicant I1qro;Q}( Co,p. Phone# (3c73) 987- qcGU
Location of Construction 13601 '^7 • 4320 DelvE
Purpose of Construction ~',~w+r+E~*4 Building Permit Value
Single Family _ Commercial __j~
DEVELOPMENT REVIEW FEES
Development Review Processing Fee: 100.00
(for document processing)
Single Family Residential Review Fee: $50.00
(for review of applicable technical documents )
CommerciallMulti-Family Review Fee:
For review of existing technical documents $100.00
For review of technical documents for construction in
right-of-way, final drainage report and erosion control pla 00:
Subdivision Improvement Agreement Fee: $125.00
(for document processing and recording)
Development Covenant Fee: $125.00
(for document processing and recording)
CDOT Access Permit Fee: $100.00
(for document application and processing)
Traffic Impact Study Review fee: $100.00
(for document review and processing)
Flood Plain Variance Review Fee:
(for document review and processing)
Class 1 application = $150.00
Class I Publication/Public Notice = N/A
Class II application = $250.00
Class II Publication/Public Notice = $90.00
TOTAL REVIEW FEES: (due at time of building permit issuance)
Multi-Family
$ /00• 00
$
$
$ &00- 00
PLEASE NOTE THAT IN ADDITION TO THE ABOVE FEES, THERE WILL BE ADDITIONAL LICENSING AND PERMITTING
FEES REQUIRED FOR CONSTRUCTION OF IMPROVEMENTS WITHIN PUBLIC RIGHT-OF-WAY.
Signature of Applicant Date 6/7/0/
Files on Enginent/Forms/Review Fees-Building Permif Ap Rav 04/01
04 W~T
DEPARTMENT OF PUBLIC WORKS
BUILD/NG PERMIT APPUCAT/ON REV/EW
Date: 6/ a/ c~LORP~~
Location: 1360 / Iit>• 31z0 -Z~ivF
Attention: Building Department
I have reviewed the attached materials submitted in application for approval of a
at the above referenced address. Please note the summary comments below.
1. Boundary Closure: L-- OK _ Not OK; refer to stipulations.
2. ~ Drainage:
a. Drainage plan and report needed ~
b. Drainage plan not needed
C. Lot drainage/grading to be reviewed by Building Division _
d. Site drainage/grading provisions have been reviewed and are:
--LOK _ Not OK; refer to stipulations.
3. ~ NPDES Permit Required: _ Yes i No
4. Public Improvements:
a. street paving needed: Yes ~ No
b. curb and gutter needed: Yes No
c. sidewalk needed: Yes ,i No
d. street lights needed: ~ Yes ~ No
e. storm sewer needed: Yes v- No
£ letter of credit required: Yes rNo
If a letter of credit is required, for what improvements? _
Amount of letter of credit:
5. Subdivision Agreement required: Yes ~ No
6. ✓ Development Covenant required: Yes ~No
If Yes, for - -
7. ✓ Traffic impact analysis and report required: Yes ~No
8. J~- State Highway Access Permit needed: Yes ~ No
9. New roadway or alley R.O.W. dedication recommended: Yes v No
If yes, what is recommended?
10. ~ All existing dedicated roadways/alleys meet the standards of the City:_ Yes No
If no, which do not and what is requested:
11. ~ APPROVAL: The Pubhc Works Deparhnent has reviewed this request and hereby gives its
proval bject to the above and/or attached stipulations.
G
ig atur 'chael Garcia Da e
12. _ NO APPROVAL: ThePublic Works Deparhnent has reviewed this request and does not give
its approval for the reasons stated:
Signature Michael Garcia Date
13. ✓ Stipulations attached: _ Yes ---No
14. Summary Comments: Avy d,vk,AG f Te T,HE +95 A
ts ,eeq&,,.r.Fc P~=e ro G O. eS3uANGE.
Files on Enginent\Forms\Bldprtn[3.frm Rev 05100
DEPARTMENT OF PUBLIC WORKS
(303) 235-2861
7500 WEST 29T" AVENUE • WHEAT RIDGE, CO 80215 FAX (303) 235-2857 ^
LETTER OF NOTIFICATION FOR PUBLIC IMPROVEMENTS RESTORATION
DATED ~ / o i ADDRESS
Dear Contractor:
w. 43n, 1.~.2,vF
(Lor 1~ e 44TH- /MD. Pk)
In conjunction with the approval of the building permit application for the above referenced address, this
letter is to inform you that all existing public improvements located along the frontage of said address
shall be restored, (if damaged from related construction) to an acceptable condition, as determined by
City of Wheat Ridge Public Works Department, and prior to the issuance of a Certificate of Occupancy.
Prior to any construction commencing, the City's representative will conduct an onsite inspection to
determine the existing condition(s) of the public improvements at this address.
If you have any questions, please contact me at 303-235-2868.
Sincerely,
Mi hael Garcia,
Development Review Engineer
cc: File
Files on Enginent\Development Review/porms & form letters\Notificafion of PI Res}orafion Rev 05/00
BY BLDG. MFR.,INSTALLED 8Y ERECTOR
BLDG. COLORS TO BE NATURAL EARTH TONES
FIELD: CREME BEIGE STUCCO PANEL SYSTEM
FEATURE STRIPS: DARK BEIGE STUCCO PANEL
SYSTEM (ON SOUTH ELEVS. ONLY)
RAKE TRIM BAND: HUNTER GREEN RAKE TRIM BAND
AT TOP OF ALL BLDGS
CORNER TRIM: HUNTER GREEN CORNER TRIM
OH DOOR TRIM: HUNTER GREEN DOOR TRIM
DOORS: MFR. STANOARD NMITE FINISH
F LINE OF BLDG. BEYOND
SEE PLAN FOR FNDN. STEPS
GUTTER J" PER FOOT S OPF -
STUCCO WALL
~Y)
PANEL SYSTEM
• 4
(FIELD COLOR)
~
STUCCO WALL
• r
PANEL SYSTEM
a
(fEATURE COLOR)
FINISHED fL00R
LA
= 498'-0
EL
e
BUILDING A
y
.
BUILDING B
PANELvSYSTEM
(NOT SHOWN FOR CLARITY)
16' MIN.
@ DOORS
. 40/f • I 16' MIN.
@ DOORS
FINISHED FLOOR
EL = 496'-0'
Revised Front (South) Elevations
1/8" = 1'-0" ~ April 17, 2001
AARDEX CORPORAYION
STUCCO PANEL SYSTEM
(NOT SHOWN FOR CLARITY (TYP.)
45' -
BUILDING C
LINE OF BLDG. BEYOND
SEE PLAN FOR FNDN. STEPS
SYSTEM
ATURE COLOR)
( E
MAXI-STORAGE
44th Industrial Park
I-70 & Ward Road
Wheat Ridge, Colorado
~ u.~r nr n~ nn nrvnun , -
Model TF/RF Low Profile Tubular Design
Gas-Fired Unit Heaters
The Sterling Model "T'F" and"RF" Low Proffie gas-fired umt
heaters offer a highly efficient, eictremely durable akematlve
to the traditional clam shell design. These propeller type
units combine the latest mbulaz heat earchanger and inshot
burner technology with the quality and reliabiliry you have
come to know from Sterling. Units are available in sizes 30
to 90 MBH, and offer a low profile design.
Residential Garage Certified
The Sterling Model"RF"unit heater conforms with the latest
AGA and CGA certification standards for installaUons in
residenUal garages. Design certificaflon and our low profile
design makes tlte model "RF" unit ideal for residenflal garage,
couunercial and industriat installations.
. Model°TF° .
(Model "RF° unit iricludes OSHA type fan guazd)
High Efficiency
Standard energy saving features like the HSI (hot surface
ignifion) pIlot and power venting reduces standby losses
and offers unproved seasonal efficiencies. Both Models aze
certified byAGA and CGA as providing over 80% thermal
(combustion) efficiency.
~ ~Model"RF"
Tubular Heat Exchanger
The Sterling tubulaz heat exchanger has been designed to
provide maxiinum and uniform heat transfer. The low
pressure drop associated with this design enables heated
air to be evenly distributed to the condifioned space.This
curved, non-welded serpentine design experiences less
thermally induced stress making it highly durable for
significandy longer service life. All Sterling tubular heat
exchangers are constructed of heavy duty 20-gauge
alnmiuized steel.
Hot Surface Pilot Ignition
Sterling Models"TF" and "RF"units utilize a hot surface pllot
ignition system which features a ceramic composite hot
surface element.This highly reliable and efficient ignition
system does not permit pilot gas to flow unless the hot
surFace element is present and powered.The low voltage
hot surface element lights the pIlot quickly for fast heat
delivery.
Venting
Sterling Low Rrofile Model "TF" and "RF" unit heaters aze
AGA/CGA certified inaccordance with categories I and III
venting requirements. Category I enables the unit to be
vented vertically with either single or double wall venting
material. Category III allows for horizontai venting utilizing
single wall venting material. This venting flexibility of the
Model °RF" unit heater makes installation easier and more
cost effecUve by allowing the installer to utilize existing
venting components.
Control Accessibility
Designed with the service person in mind, every
component of the Sterling Low Profile Gas-Fired Unit
Heater is easIly accessible. Ignition and fan controls are
located in one centrally located control panel. The
removable access door provides control isolation as well
as a pleasing exterior appearance.
10-Year Warranty
Sterling wazranties the heat eschanger, flue collector and
burners of both the Model "TF" and "RF" to be hee from
defects in materials and workmanship for a period of 10
years from the date of manufacture.
Standard Features
• Low Profile
• Residential garage certificaUon (Model "RF° only)
• Inshot burner design
• Hot surface pilot ignition
• Individually adjustable and removable louvers
• 20-gauge steel jacket with baked enamel fuilsh.
• 120/1/60 supply voltage
• Easy access control panel
• Power vented
• Single stage combinauon gas valve
• 120/24•volt control transformer
• 115/1/60 volt fan motor with internal overload
protection • Right hand control access. Field convertable to left hand
access.
, i
~j'~370PiW3' ~d I
W~
_ ~
_
(71.,
Top View
Model TF/RF Low Profile
Performance & Dimensional Data
~
~
~ Ne,
UNt Size
30
45
60
75
PERFORMANCE DATAt
90
IDput-BTU/Hr.
3Q000
45,000
~'60,000 '
.
75,000
90
000
(8.8)
Q32)
(17.6)
(22.0)
,
(26.4)
Output-BTU/Hr.
24300
36,450
48,600
60,750
72g00
(k~
(71)
po.'n
P4.2)
(17.8)
.
(21
4)
TlteumalP.tGciency(Si)
Sl
81
81
.
FreeAirDelivery -CFM
500
750
1
000
81
1
2
0
81
m/sJ
(0.236)
<0355)
,
(0.473)
,
5
(0591)
1,400
(OJO)
AirTempernnveRise- Deg.F
45
45
45
45
(De8. C)
(25)
(25)
(25)
(25)
45
(25)
FWI Load Amps at 120V
4.9
4.9
6
5
6
5
MOTOA DATA: Mo[or FIP
I/20
1/20
.
120
.
1/20
65
Motor (kW)
'
(037)
(037)
(037)
(037)
1/20
(037)
Motor
lme
SP
SP
SP
SP
SP
R.P.M.
1650
1650
1050
1050
1050
MotorArI I15V
1,9
1.9
2.6
2.6
2
6
DIMENSIONAL DATA - 3nches (mnt)
.
••A"JacketHeight
12
12
173/4
173/4
173/4
"
^
(305)
(305)
(451)
(451)
(451)
B
Overall Height
13
13
183j4
. 183/4
18-3/4
"
"
(330)
(330)
(476)
(476)
(476)
C
Over.il! Depth
25-12
25-1/2
26-3/4
2G3/4
2G3/4
"
"
(648)
(648)
(679)
(679)
(679)
Cen[et Line
Height of Flue
7-1/4
7-1/4
161/2
2
"
"
(184)
(184)
(267)
/
7~
Center I,iae
Electlic Contieclion
iQl/4
10.1/4
16
"
"
(26o)
(260)
(406)
L
6) .
P
Discharge Openitg Height
lUl/2
lPl/2
1G1/4
"
"
«6~
(26~
(413)
fi
3>
i
G
Fan Diazueteo-in
10
10
16
IInitWeigh[-Ibs.
62
68
87
~s~
<2~
Cil)
Ci9)
~
SltippingWeight-Ibs.
72
78
102
(k&s)
(33)
(35)
(46)
(49)
110
(50
)
f 1latings shown are for unit inxtallatlons a[ eleva[ions bewmn 0 and 2,000 f[ (0 ro 6(0m)
Por wit
-27-3/8
.
~callations in O.S.A. above 2,000 k. (610m), [lae uni[ input muR be dented 4% for each 1
000 k
Maximum Ha9n ) 5
ger pacing
,
.
(305m) above sea level; refer m loca( cotles, or in absence of local cWes, ref ro[he Natlmul
Fuel Gas Cotle, AN5] Stan[lartl Z223.1A996 (NP.P.d. No. 54), or [he laces[ eaitlon of.
~610~
For installations iv Cavada, :my ceferenre [o tlen[ion a[ al[iNdes in exass of 2,000 fC (610m) are
Hanger Spacing
1o be ignoreA. A[ Ntiwdes of 2,000 h ro 4,500 !C (610 ro I3]2m), the iutit maR be den[etl ro
iC
90% of tlie mlmal alti[ude nting, and be so markM in acroNavice with [he C.G.A. ecttification.
ero
' Candian units incWde a vent cap.
Hang
5pacing
21-1/2
Han9e545pacing
Air Openings
D4l]1
FJecMCal
~ Flue Vent Connecli
Fan Dia."Ci',
Gas Connection
(NOtural & Propane Gos)
Rear View-
. oimexsioxs.rusarionAOUxrzs
~IMENSIONSINPPqENME515(%%g MILLIMEiEPS
D
-pp_1/q_
(514)
-C-
Side View
Front View
TYPICAL STANDARD
SPECIFICATION
Furnish and install, where indicated or scheduled on
plans, gas-fired unitheaters manufactured by Sterling
HVAC equipment. All heaters are to have a minimum
thermal efficiency of 80%. °RF" Models only are approved
for installation in residential garages.The heat exchanger
consists of 1-1/2" alnininized steel tubes not lighter than
20-gauge. Burners are to be of the "inshoY" design and
capable of firing 15,000 BTU's each. A 24 volt hot surface
pllot ignition system shall be utilized which includes a
ceramic composite hot surface element, flame
rectificaGon circuit and pllot head; the ignition control
module must be integral to the single stage redundant gas
valve. Most cabinetry and trim. pieces shall be fabricated
of 20-gauge material and finished with a baked gray
enameL
Heaters shall be equipped cvith a 120/24 volt transformer;
factory wiring shall permit the use of propeller fan for
continuous air circulation when combined with
manufacturers (optional) 24 volt summer/winter single
stage thermostat.The control transformer, fan tkne delay
switch, power venter relay and pressure switch shall be
factory mounted in a main control panel located on the
side of the unit.All wiring information will be indicated
on the inside control panel door. .
Units equipped with a low voltage automatic reset high
temperamre control, wired to de-energize the main gas
valve until the high temperature wntrol resets. Units will
be equipped with 115/1/60 volt motors which include
internal automatic reset thermal overload protection. Fans
will be steel hubbed with aluminum blades and have
complete fan guard protection.Adjustable and individually
removable horizontal louver blades shall be provided for
directing air flow. Unit shall be capable of field converting
the right hand control and utility access to leh hand.
All units and component assemblies shall be warranted
for a period of one year from the date of shipment from
the factory or 18 months from the date of manufacture,
whichever occurs first. All burners, heat exchangers, and
flue collectors shall cazry a ten year non-prorated limited
warranty on.materials and workmanship (subject to
appropriate disclaimers).
WARRANTY
LiMITED WAI2Re1N1Y
` Sterling Cms-F3red Unit Heaters
Model "1'F" and "RF" Low Profile
1. Sl'F.RI.ING GAS-FIItED T[1Bi.iI.AR IJNIT HF.ATER -
MODELS "TF" and "RP" IAW PROPII.E
Sterling (°the ManufactureY') warrants to the original owner at
origmal iastallatlon site [hat the abwe models of Sterling Gas-F'ued
Hearers ("the ProducC) will be free from defecrs in material or
workmanship for one (1) yeaz from the date of shipment from the
facrory, or one and one-half (1-1/2) years from [he dare of
manufacture, whichever occurs first Sterling fur[her wazrents that
[he complere heat exchanger, flue collecror assembly, and bumers
will be free from defects in marerial or workmanship for a period of
ten (10) yeazs hom the dare of manufac[ure. If upon examination by
the Manufacnver the Product is shown m have a defectin material or
workmanship during the warranry period, the Manufacturer will
iepairorreplace, a[ its optioq thatpart ofthe Pioductwhichis shown
to be defectiva .
2. '1'h9s limited warrenty does not apply:
(a) if the Product has been subjecced ro misuse or neglect, has been
accidentally or intentionally damxged, has not been iostalleQ
maintainefl or operated in accordance with thefurnishedwri[ten
instructions, or has been altered or modified in any way by any
unau[horized person.
(b) to any expenses, iacluding labor or marerial, incurred during
removal or reins[allation of the Product.
(c) to any damage due to corrosion by chemicals, including haloge-
. nxced hydrocazbons, precipitated ia the air.
(d) to any workmanship of the ins[aller of the Product.
3• This limited warranry Is condiNonal upon:
(a) advisiag the installing contracror, who wID in turn no[ify the
distributor or manufac[urer. (b) shipmen[totheManufacturerof[hatpartoftheProductthought
to be defectlve. Goods can oNy be returned with prior wri[[en
approval oftheManufac[urer. All retums must be freight prepaid.
(c) determinationinthereasonableopinionoftheManufacturerthat
there exists a defect ia material or workmanship.
4. Repair or replacemen[ of any par[ under this Limired Warxaziry shall
not extend the durarion ofthe wxrrentywithrespectto such repaired
or replaced part beyond the stared warranty period.
5• THIS L[M[TED WARRANTY IS IN LIEU OP ALL OTHER
WARRANI'IES, EITIIER EXPRESS OR IMPLIED, AND ALL SUCH
01YIF.R WARRANTIES, INCLUDING WITHOUT LiMITATiON
IlNPLIED WARRANTIES OF MF.RCIIANI'ABII.11'7 OR P1Y'NESS
FOR A PARTIC[1IAR PURPOSE, ARE EIERF.BY DISCI.AIlUED
AND EXCLUDED FROM THIS LIMITEDWAItRANTY. IN NO
EVENl' SHALL'ITIE MANUFA(:1'URL+R BE I.IABLE IN ANY WAY
FOR ANY CONSEQUENTIAL, SPECIAL, OR INCIDEPITAL
DAMAGES OF ANY NAl'[7RE WHATSOEVER, OR FOR ANY
AMOUIVTS IN EXCESS OF THE SELLING PRICE OF 1'IIL
PRODUCT OR ANY PARTS TAEREOF FOUND TO BE
DEFEC"lYVE.1'fIIS I.IMI1'F.D WARRAN'I'Y GIVES THE ORIGINAL
OWNER OF 1'fE PRODUCT SPECIFIC LEGAL RIGHTS. YOU
MAY ALSO HAVE OTBER RIGHTS WfIICH MAY VARY BY EACH
,)URISDICTION.
t ~ ~ m_ ff-
~
~
HVAC EQUIPMENT
260 NORTH ELM ST., WESTFIELD, MA 01085 ~
TEL: (413) 564-5540 • FAX: (413) 562-5311
http://www.mestek.com
p~O A MESTEK COMPANY
In tbe interest of product improvement, we reserue
the right to make changes wiihout noaice.
03l29/2001 16:53 3039872304 ALBER ENGIENEERING PAGE 01/01
~ ALBER ENGINEERING, INC.
ELECTRICAL GONSULTANTS (FAX 987-2304
3333 S. WADSWORTH, SUITE D220, I.AKEWqOD, COLORADO 80227
blarch 29, 2001
Aazdex Corpora6ion
12340 W. Alameda Parkway
Sui.te #220
Iakewood, Colorado 80228
A.tt: Shane Fowler
Phone:303-987-9000 Fax: 303-987-8610
Re: RV Storage Respcrose to City cocnments
Genfleznen:
This lettez is irz zesponse to the City of Wheat Ridge's Buiiding Department comznents;
Ztem t!9 CITY COIvIIvENT ILemove note refemece "NM" cable and plastic boxes
from the plans. AIl electrical is to be installed in conduit with metal boxes.
AEI RESPONSE We have removed the comment on "NM" cable and
plastic boxes. Please note that Dnwings "E-4" and "E-5" state'S all wizing in the RV
Storage azeas will be installed' per a11 requizements of 1VBC Arnicle 511. The dzawings
call foz all wiring to be above the hazardous area of the space.
In Asticle 511, Section 511-6(A) it allows for "MC" cable anld sevezal other types of
wiring system etc in the space. The contractor does NOT have to wire tbe system in
conduit only but has sevetai options per this code section.
Item #10 CITY COMMENT Show horn/strobe locations in each unit and at the exterior
of each buiiding.
AF,I RESPONSB Fairmont Fite Depaztment'S fire inspectoz stated pzior to
the design being completed that thay would only require a sprinklez system and a
homisuobe on the eaeterior of the building where the flow and tamper switches are
located. We have received a letter from the fire department approving the plans as
designed and based oe their directions to the design teant. Also the tJBC, NEC, NFPA
does not require a spiinkler system in this building, onIy the local fire departxnent
which we have complzed with.
If there aze any questions, please contact the undezsigned,
A1ber Engineezing, IzaC.
D G✓G~~'C~i~
JetoW. A,16er, P.E.
Px'esident
Article 511 • Commercial Garages, Repair and Storage 621
pit or depression to be classified as Class I, Divi-
12 because ventilation providing at least six air
nges per hour exhausts air at the floor level of the
or depression. Areas suitably cut off and areas
acentto nonhazardous ventilated garages are not
;sified hazardous.
is «serl, thrended rigid metnl condiut or threnrled steci
intenttetlinte metal conduit shnll be used for the ]ast ?!t
(610 mm) of the underground run to ernergenee or to d+e
point af cannection to the abovegound rncewnr nnA an
equipment grounding conductorshall be iiicluded ro proride
electrical continurry of the raceway system nnd for groeurdin.¢
of noncm-renFCarrving metn7 pmTS.
4. Wiring and Equipment in Class I Loca[ions.
in Class I locations as defined in Sec[ion 51 I-3. wiring
equipment shall conform to applicable provisions of
;le 501. Raceways embedded in a masonry wall or buried
ath a floor shal] be considered [o be wi[hin [he, Gass I
ion above the floor if any connections or extensions
into or throuO such areas.
:tion 511-4 applies to raceways located in walls
i below floors of Class I locations in commercial
-ages. A raceway in a masonry wall or buried be-
ath a floor is not permitted to have any connections
extensions leading into or through a Class I, Divi-
n 1 or 2 locarion if it is to be considered located
anonhazardous location and not subject to the
ovisions of Article 501. See Figure 511.3. Article 501
plies to the raceway if any part of it is not embed-
din the wall or if the wall is not of masonry. Article
l applies to the raceway if any part of it is not
vied beneath the floor. The floor material is not
Class I area
This receway is consideretl
to be in the Class I area.
These raceways are notconsidered
to be in the Class I area
(seals are not required).
re 511.3 Raceways embedded in a masonry wall or buried
ath the tloorare not considered /ocated in the Class Ilocation
under conditions where there are no extensions into the
sllocation.
otion: Rigid nomnetal(ic conduit that complies widi
le 347 shall be pennitted where buried under not les.r
2 ft (610 rmn) of cover. Where rigid noninetnllic coi7duit
The exception to Section 511-4 was new in the 1996
Code. It permits the use of rigid nonmetallic conduit
underground in commerciai garages. Underground
conduit in similar facilities has been damaged by cor-
rosion. Where nonmetallic raceways are used, the
bonding and grounding requirements of Section 501-
16 must be complied with.
511-5. Sealing. Approved seals conforming to the requirc-
ments of Section 501-5 shall be provided, and Seetion 501-
5(b)(2) shall apply to horizontal as well as vertical bound-
aries ol the defined Class I locations.
Seals are required if any part of the raceway is in, or
passes through, a Class I, Division 2location. See the
commentary on seais in Section 501-5.
511-6. Wiring in Spaces Above Class I Locations.
For the installation of electrical wiring in areas above
those designatedby Section 511-3 as Class I locations,
Section 511-6 permits a number of raceway and cable
systems.
(a) Fixed Wiring Above Class I Locations. All fixed %vir-
ing above Class I locations shall be in me[al raceways. riLid
nonmetallic conduit, electdca] nonme[allic [ubine, flesiblz
metal conduit, liquidtigh[ flexible metal conduit. or liq-
uidtight flexib!e nonmetallie coadeit or shali be T~"e DIS.
Ml. manufactured wirina systems, or PLTC cable in accor-
dance with Article 725, or Type TC cable. CeIlul2r meial
floor raceways or cellular concrete floor raceways shall bz
permitted to be used only for supplying ceiling oudzts or
extensions to the azea below the floor, but such racewacs
shall have no connectionsleading into orthroueh any Class
(b) Pendants. For pendants, flexible cord suitable for the
type of service and approved for hazd usage shall be used.
(c) Grounded and Grounding Conductors. Where a cir-
cuit supplies poRables or pendants and includes a grounded
conductor as provided in Article 200, recep[acles, at[achment
plugs, connectors, and similar devices shall be of the ground-
ine. type, and the grounded conduc[or of the flexible cord
shall be connected ro[he screw shell of any lampholdcr
or to the grounded [erminal of any utiliza[ion equipmeiu
supplied. Approved means shall be provided for maintaining
continuity of the grounding conductor be[ween the fiszd
G7ecu'ical Code Hundbook 1999
CASTLE ROCK DESIGN GROUP9 INC.
GEOTECHNICAL & STRUCTURAL CONSULTANTS
FOUNDATION & S6PTIC SYSTEM DESIGNS
STORAGE CONCEPT, INC.
C/O SDC CONSTRUCTION, INC.
3400 EAST PRE[vrICE AVENUE, #lOO
ENGLEWOOD, CO 80111
SUBSURFACEINVESTIGATION
OF
Lo'r 16, 441R INDUSTRIAL PARK
WHEAT RIDGE, COLORADO
101 Brirca Slrcd • Unil A• Card.Rock, CO 80104
PMK/Fav (303) 688-5I51
REPORT NO.OO-2212
AUGUST 15, 2000
TABLE OF CONTENTS
SCOPE 1
SUMMARY OF CONCLUSIONS 1
PROPOSED CONSTRUCTION 1
- SITE CONDITIONS I
SUBSURFACE CONDITIONS 2
UTILITIES TRENCH 2
BUILDING FOUNDATIONS 2
~ FLOOR SLABS
4
~ CONCRETE ................................................................................................................................................................5
SURFACE DRAINAGE
SUBSURFACE DRAINAGE
PAVEMENT DESIGN
SUBGRP.DE MA"fER1ALS
DESIGN TkAFFIC
RECOIvRv1ENDED PAVEMENT SECTION:......
DxntNwae :
MAMTENANCE :
ADDITIONAL RECOMMENDATIONS:
5
6
6
LIMITATIONS 7
FLEXIBLE PAVEMENT CONSTRUCTION RECOMMENDATIONS
APPENDIX A
RIGID PAVEMENT CONSiRUCTION RECOMMENDATIONS.......
,
APPEND[X B
9
9
10
10
❑
SCOPE
This report presents the results of our subsurface investigation for the proposed the storage building
at Lot 16, 44"' Industrial Park, Wheat Ridge, Colorado. The purpose of this investigation was to
evaluate the subsurface conditions at the site and provide foundation and pavement recommendations
for the proposed construction.
This report inctudes descriptions of subsoil and groundwater conditions encountered in our borings,
recommended foundation systems, and recommended details for construction influenced by the
subsoils. The report was prepared from data developed from our field and laboratory investigations
and our experience. It is intended for use in design of the anticipated structure. Changes in the
planned construction may require modification to the recommendations presented in this report. A
summary of our findings and conclusions is presented below. Detailed recommendations for design
and construction are presented in the text of the report.
SUMMARY OF CONCLUSIONS
1. Subsoils encountered in our exploratory borings consisted of zero to five of manmade fill sandy
clayey overlaying sand, gravel and cobbfe mixture, to the maximum depths explored of i l feet.
2. Free groundwater was not found in our borings at the time of drilling.
3. We believe slab-on-grade floors supported on the expansive clay involve a moderate to high risk
of floor heave or sett(ement. The most reliable floor system will be structurally-supported floors
over a crawl space. An atternative consists of construction of slabs-on-grade supported by at
lease 3-feet of imported or on-site, non-expansive granular fill.
4. Good surface drainage should be maintained at aff times to reduce risk of wetting of the
foundation soils and subgrade below pavements.
PROPOSED CONSTRUCTION
We understand storage buildings are to be constructed. The maximum anticipated exterior wall loads
are 2 KIPS per lineal foot.
SITE CONDITIONS
The site is located Lot 16, 40 Industrial Park, Wheat Ridge, Colorado (Fig. 1). The site is currently
vacant.
SUBSURFACE CONDITIONS
Subsurface conditions at the site were investigated by drilling six exploratory borings to depths of 11
feet below the existing ground surface and five pavement design soils samples in the area of the
proposed buildings. The locations of the borings are shown on Fig. I. Logs of the soils encountered
in the borings, results of field penetration resistance tests and laboratory test data are shown on Fig.2.
A summary of laboratory test data is presented on Table l. Resulu of swell consolidation tests are
shown on Fig. 3.
Subsurface conditions encountered in the borings were somewhat uniform. Materials found near the
surface consisted of man made fill sandy clay overlaying sand, gravel and cobble mixture to depths
of 3 to 11 feet below the existing ground surface. Aueer was refused bv laree cobbles.
UTILITIES TRENCH
Placement and compaction of utility trench backfill is important to the performance of pavements
and foundations. We recommend utility line backfill be placed in thin lifrs, moisture-conditioned to a
t 2 percent of optimum moisture content and compacted to at least 100 percent of maximutrt
standard Proctor dry density (ASTM D 698). The placement and compaction of grading fill and
trench backfill should be observed and tested by a representative of our firm during construction.
BUILDING FOUNDATIONS
Subsoils at the anticipated foundation levels consisted of sandy clay overlaying sand, gravel and
cobble mixture. Swell consolidation testing indicated the neaz surface sandy clay had low swell
potential. In our opinion, the foundations for the proposed building should be located below the
zone of probable moisture variation and be designed and consuucted to concentrate the deadload
of the structure to resist potential swelling pressures of the subsoils.
Where non-expansive to very low swelling soils, or low swelling structural fill is encountered at
foundation bearing depth is located at least three(3) feet below the foundation levels, spread
footings can be used for support for the proposed storage buildings. Footings meeting the above
criteria may be designed for a maximum soil bearing pressure of 1,500 pounds per square
2
foot(psf). The design bearing pressure applies to dead loads plus design live load conditions.
Areas of very loose soils or man made fill clay soils may be encountered at foundation bearing
depth. Where such conditions exist beneath planned footing areas, the excavation should be
deepened to a suitable bearing stratum or to minimum depths directed by the geotechnical
engineer and the footing should beaz at the lower elevation. An overexcavation and backfilling
procedure could also be considered. Overexcavation for footing support would require deepening
the excavation to suitable beazing material and widening the excavation laterally in all directions
beyond edges of the footing at least 8 inches for each foot of overexcavation depth below the
footing base elevation. The overexcavated azea should then be backfilled up to footing base
elevation with approved material placed in lifts not exceeding 8 inches in loose thickness and
compacted to at least 95 percent of the standard Proctor maximum dry density (ASTM D698).
The use of washed rock for fill below footings may be more appropriate for very soft soil
conditions and where groundwater is neaz the level of the excavation.
Exterior footings should be placed a minimum of 30 inches below finished grade for frost
protection. Interior footings should beaz a minimum of 12 inches below finished grade. Finished
grade is the lowest adjacent grade for perimeter footings and floor level for interior footings.
Footings should be proportioned to minimize difFerential foundation movement. Proportioning to
relative constant dead-load pressure provides a means to reduce differential settlement between
adjacent footings. Total settlement of footings designed in accordance with the above criteria is
estimated to be on the oider of one (1) inch or less. Proper drainage should be provided in the
final design and during construction to reduce the potential of foundation movement.
Foundations and walls should be reinforced as necessary to reduce the potential for distress
caused by the differential foundation movement. Foundation excavations should be observed by
the geotechnical engineer to confirm that suitable bearing materials aze present and that
subsurface conditions aze consistent with those used in our analysis. If the soil conditions
encountered differ from those presented in this report, supplemental rewmmendations will be
required.
FLOOR SLABS
Slab-on-grade floors supported on the existing fill involve risk of settlement and/or heave with
differential slab movement occurring. Fill containing sandy clay & sand, gravel and cobble mixture
3
are present at the site. We believe the risk of slab heave is moderate at this site. To the best of our
knowledge, the only method of limiting the risk of slab movement is to provide a structurally
supported floor system with at least 18 inches of air space (crawl space) between the floor and
expansive soils. If floor movement and associated cracking cannot be tolerated, a crawt-space
system should be used. This type of construction may be justifiable if significant finish is planned or
equipment planned for the building is highly sensitive to floor slab movement. The expense for
construction of a structural floor system will be greater than for slabs-on-grade.
An alternative to structural floors consists of construction of slabs-on-grade supported by reinforced
slabs relatively non-expansive granular fill at least 3 feet below and extending at least 3 feet beyond
the limits of slab-on-grade floors. The granular fill tends to reduce differential floor movements and
reduce damage; it does not eliminate slab heave entirely. If selected, the imported granular fill
supporting the slabs-on-grade should consist of silty sands with between 10 and 30 percent passing
the No. 200 sieve, liquid limits less than 30 percent and plasticity indices less than 10 percent. The
maximum particle size of the fill should be 3 inches. Fill suppoRing slabs-on-grade should be placed
in thin lifts at t 2 percent of optimum moisture content and compacted to at least 95 percent of
maximum standard Proctor dry density (ASTM D 698). The placement and compaction of granular
fill should be observed and tested by a representative of our firm during construction.
The use of select fill will not prevent movement of floor slabs in the event the underlying expansive
soils become wetted and heave. However, the select non-expansive fill tends to reduce damage if
movement occurs. We recommend the following precautions if slabs-on-grade supported by select
fill are used at this site:
l. Do not place gravel layer beneath the slabs to reduce the chance of water finding
its way under the entire slab from a single source.
2. Slabs should be separated from exterior wal(s and interior bearing members with
a slip joint, which allows free vertical movement of the slabs.
3. Slab bearing partitions should be minimized. Where such partitions are
necessary, a minimum 2-inch slip joint should be constructed to allow for free
vertical movement of the slabs.
4. Under slab pfumbing should be eliminated where feasible. Where such plumbing
is unavoidable, it should be thoroughly pressure treated before the s(abs are
poured to reduce the risk of feakage. We do not recommend directing roof drains
under the floor slabs.
5. Plumbing and utilities that pass through the slabs should be isolated from the
slabs. Heating and air conditioning systems supported by the slabs should be
provided with flexible connections capable of 4 inches of collapse.
4
6. Exterior flatwork and sidewalks should be separated from the structure. These
slabs should be reinforced to function as independent units. Movement of the
slabs should not be transmitted to the foundations of the structure.
CONCRETE
Soluble sulfate in the soils of Denver metro area have a high risk of damage to ordinary concrete
members that come into contact with the soils. We recommend a cement meeting the requirement
~
for Type Vi cement with a fly ash known to reduce sulfate attack be used on this project for all
conccete which will contact the on-site soifs. The maximum water/cement ratio shou(d be 0.45. Use
of 5 to 7 percent air entrainment helps to limit sulfate damage and should be included.
SURFACE DRAINAGE
Performance of pavements, concrete flatwork and foundations is influenced by the subgrade moisture
conditions. The risk of wetting of the subsoils can be reduced by carefully planned and maintained
surface drainage. We recommend the following precautions be observed during construction and
maintained at all times after construction is completed.
1. Wetting or drying of the open foundation excavation should be avoided.
2. The ground surface surrounding the exterior of the building should be sloped to
drain away from the building in all directions. We recommend minimum slopes
of at least 12 inches in the first 10 feet. Sidewalks and pavement adjacent to the
building should slope at least 4 inches in the first 10 feet.
3. Backfill around foundation wa(Is should be moistened and compacted to at least
90 percent of maximum standard Proctor dry density (ASTM D 698).
We recommend the top 3 feet of the backfill be compacted to at least 100 percent
of maximum standard Proctor dry density for all pavement areas after the floor
framing is in place or the walls are well braced.
4. Roof downspouts and drains shouid discharge well beyond the limits of all
backfill. Splash blocks and downspout extensions should be provided.
5. Landscaping which requires considerable watering and lawn sprinkler heads
should be located at least 10 feet from the foundation walls. Trickler or bubble
type irrigation heads are not recommended.
6. Irrigated landscape islands in pavement and areas adjacent to pavements should
be designed to limit, if not, eliminate moisture infiltration beneath pavements.
Curb and gutter backfill should be compacted.
7. Plastic membranes should not be used to cover the ground surface immediately
surrounding the buildings. These membranes tend to trap moisture and prevent
normal evaporation from occurring. Geotextile fabrics can be used to eliminate
weed growth and allow for evaporation.
5
8. Surface water should not be allowed to pond over pavement sections or adjacent
to the proposed building.
SUBSURFACE DRAINAGE
The insta(lation of a foundation drainage system is required for any habitable space below grade
level. See Perimeter Drain Detail, Figure 4 for a suggested method of installing this system.
PAVEMENT DESIGN
A pavement section is a layered system designed to distribute concentrated traffic loads to the
subgrade. Performance of the pavement structure is directly retated to the physical properties of the
subgrade soils and traffic loadings.
Suberade Materials:
Based on the results of field and laboratory investigations, the subgrade materials varied from low to
high plasticity sandy clayey and man made fill (clayey sand). Samples of subgrade materials were
taken from the test holes along the proposed parking lot. In accordance with the American
Association of State Highway and Transportation Officials (AASHTO) Classification system, the
samples obtained classify as A-a-b to A-7-5 with a group index of 0 to 20.
Desi¢n Traffic:
Typical daily traffic on the parking lot was not available at the time of this report preparation. Since
exact traffic information was not available, an 18-kip equivalent daily load application (EDLA) value
of 5 was used. The EDLAS were conveRed to a 18 kip equivalent single axle loadings (ESAL) of
36,500 for a 20-year design life.
Recommended Pavement Section:
Based on the resutts of the field and laboratory investigation and a design traffic load, a flexible
pavement consisting of 7.0 inches of full depth asphalt is recommended. In lieu of the fuli depth
asphalt section, an acceptable flexible composite alternate consisting of 4.0 inches of asphalt and
10.0 inches of base course. The pavement design was based on the 1993 AASHTO pavement design
equation. The AASHTO pavement design procedures have been adopted and are used by the
Colorado Department of Highways.
Draina¢e:
The primary cause of early pavement deterioration is water infiitration into the pavement system. In
areas of subgrade with expensive clays, the increase of moisture usually results in significant heave
6
and damage to the pavement. The moisture infiltration also causes sofr yielding areas in the
pavement subgrade and may result in pavement fai(ures. The collection and diversion of subsurface
water and surface drainage into a designed drainage catchment is extremely important to satisfactory
performance of the pavement.
[t is critical that proper backfill and compaction be performed behind the curb and at water service
valves behind the curb so that ponding and water infiltration does not occur. Surface water that is
allowed to pond on asphalt pavements could cause premature pavement deterioration. The design of
surface drainage should be carefully considered to rapidly remove all water from paved areas.
Maintenance•
The long-term performance of a pavement system is primarily a function of the maintenance
performed through out the life of the pavement. We recommend that a preventive maintenance
program be performed through the design life of the pavement consisting of routine crack sealing,
seal coats and/or thin overlays, in order to assist in the long-term performance of the pavement.
Additional Recommendations:
The long-term performance of a pavement system will be greatly influenced by the proper backfill
and compaction behind curb, gutter and sidewalk. In addition, the influence of construction traffic
consisting of heavily loaded concrete, lumber and building material trucks can have a detrimental
effect on the pavements.
LIMITATIONS
This report has been prepared in accordance with generally accepted soil and pavement engineering
practices in this area for use by the client for design purposes. The conclusions and
recommendations submitted in this report aze based upon the date obtained from the exploratory
holes drilled at the locations indicated on the exploratory hole plan. The nature and extent of
variations between the exploratory holes may not become evident until excavation is performed. IF
during construction, soil, bedrock, and groundwater conditions appear to be different from those
described herein,this office should be advised at once so that re-evaluation ofthe recommendations
may be made. We recommend on-site materials testing of the subgrade and pavement structure by a
representative of the soil engineer.
This investigation was conducted in a manner consistent with that level of care and skill ordinarily
used by geotechnical engineers practicing in this area at this time. No other warranty, expressed or
imptied, is made. If we can be of further service in discussing the contents of this report or the
7
analysis of the influence of subsurFace conditions on the design of this structure of pavement, please
cail.
CASTLE RO K DESIGN GROUP, INC.
~ ~ `P 4S~'U Uj1"o-~
6C'~sTE~°n
. ark, P.
12700
FLEXIBLE PAVEMENT CONSTRUCTION RECOMMENDATIONS
Appendix A
Experience has shown that construction methods can have a significant effect on the life and service
ability of a pavement system. We recommend the proposed pavement be constructed in the following
manner:
I. The subgrade should be stripped of organic matter, scarified; moisture treated,
and compacted. Soils should be moisture treated to optimum to 2 percent above
optimum moisture content and compacted to at least 95 percent of maximum
standard Proctor dry density (ASTM D 698, AASHTO T 99).
2. Utility trenches and all subsequently placed fills should be properly compacted
and tested prior to paving. As a minimum, fill should be compacted to 95 percent
of maximum standard Proctor dry density.
3. Afrer final subgrade elevation has been reached and the subgrade compacted, the
area should be proof-rolled with a heavy pneumatic-tired vehicle (i.e., a loaded
10-wheel dump truck). Subgrade that is pumping or deforming excessively
should be scarified, moisture-conditioned and compacted.
4. If areas of soft or wet subgrade are encountered, the material should be sub-
excavated and reptaced with properly compacted structural backfill. Where
extensively soft, yielding subgrade is encountered, we recommend a
representative of our office inspect the excavation.
5. Aggregate base course should be laid in thin, loose lifts, moisture-treated to
within 2 percent of optimum moisture content, and compacted to at least 95
percent of maximum modified Proctor dry density (ASTM D 1557, AASHTO T
180). 1
6. Asphaltic concrete should be hot, plant-mixed material compacted to at least 95
percent of maximum Marshall density. The temperature at lay-down time should
be near 235 degrees F. The maximum compacted lift should be 3.0 inches and
joints should be staggered.
7. The subgrade preparation and the placement and compaction of all pavement
material should be observed and tested. Compaction criteria should be met prior
to the placement of the next paving lift. The additional requirements of the
Colorado Department of Highways Specifications should apply.
9
RIGID PAVEMENT CONSTRUCTION RECOMMENDATIONS
Appendix B
Rigid pavement sections are not as sensitive to subgrade support characteristics as flexible pavement.
Due to the strength of the concrete, wheel loads from traffic are distributed over a large area and the
resulting subgrade stresses are relatively low. The critical factors affecting the performance of a
rigid pavement are the strength and quality of the concrete, and the uniformity of the subgrade. We
recommend subgrade preparation and construction of the rigid pavement section be completed in
accordance with the following recommendations:
l. Natural soils should be stripped of organic matter, scarified, moisture-treated, and
compacted. We recommend the top one-foot of the subgrade be moisture- treated
to between optimum and 2 percent above optimum moisture content. Soils
should be compacted to at least 95 percent of maximum standard Proctor dry
densiry (ASTM D 698, AASHTO T 99). Moisture treatment and compaction
recommendations also apply where additional fill is necessary.
2. The resulting subgrade should be checked for uniformity and all soft or yielding
materials should be replaced prior to paving. Concrete should not be placed on
sofr, spongy, frozen, or otherwise unsuitable subgrade.
3. The subgrade should be kept moist prior to paving.
4. Curing procedures should protect the concrete against moisture loss, rapid
temperature change, freezing, and mechanical injury for at least three days after
placement. Traffic should not be allowed on the pavement for at least one week.
5. A white, liquid, membrane-curing compound, applied at the rate of one gallon per
150 square feet, should be used.
6. Construction joints, including longitudinal joints and transverse joints, should be
formed during construction or should be sawed shortly after the concrete has
begun to set, but prior to uncontrolled cracking. All joints should be sealed.
7. Construction control and inspection should be carried out during the subgrade
preparation and paving procedures. Concrete should be carefully monitored for
quality control. The additional requirements of the Colorado Department of
Highways Specifications should apply.
The design section is based upon a 20-year period. Experience in the Denver area indicates that
virtually no maintenance or overlays are necessary for the design period. To avoid problems
associated with scaling and to continue the strength gain, we recommend de-icing sa(ts not be used
for the first year after placement.
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GROUND LEASE
LEASE FACING PAGE
LEASE DATE: Apri15, 2001
LANDLORD:
Name: Landwest LLC, a Delaware limited liability company
Address: 730 17t' Street, Suite 500
Denver, CO 80202
TENANT:
Name: Condo Storage Concepts LLC
Address: 6970 S. Holly Circle, Suite 204
Centennial, CO 80112
TYPE OF USES PERMITTED IN THE LEASED PREMISES:
Construction and sale of large bay storage facilities to users of such storage facilities.
LEASE TERMS:
• Base Rent Commencement Date: The first day of the first month following the issuance by the
appropriate governmenta] authority of a certificate of occupancy for the first FacIlities conshucted
on the Leased Ground but not later than six (6) months after the date of this Lease.
• Term: The period commencing upon the Lease Date and continuing through the last day of the
month immediately preceding the one hundredth (100th) anniversary of the Base Rent
Commencement Date.
• Base Rent: $42,000 per year, payable in equal monthly installments, adjusted on each anniversary
of the Base Rent Commencement Date by the Consumer Price Index Adjushnent commencing on
the fust day of the fifth Lease Year.
• Date bv which Construction Plans and Specifications are to be submitted to Landlord: Not later
than ninety (90) days after the Lease Date.
THIS LEASE FACING PAGE, together with ffie General Lease Provisions and any Exhibits or Riders attached hereto
and initialed by the parties, will constitute ffie Lease between Tenant described above, as Tenant, and the Landlard
described above as Landlord, for the Premises described in Exhibit A to this Lease, made and entered into as of the
Lease Date specified above.
{00282730.DOC;9}
GROUND LEASE
GENERAL LEASE PROVISIONS
In consideration of Ten Dollars ($10.00) and other good and valuable consideration and the mutual
covenants contained herein, Landlord and Tenant hereby agree as follows:
1. Definitions.
1.1 All terms appearing on the Lease Facing Page will have the meanings ascribed thereon.
1.2 The following terms will have the following meanings wherever they appear in this
Lease.
(a) "Association" will mean a corporation or limited liability company formed by
the Initial Tenant prior to conveyance of the fust Unit to a Unit Owner, for the purpose specified in Section
2.2.
(b) `Base RenY' will mean Base Rent for the Leased Ground in the amount stated
on the Lease Facing Page, as adjusted in accordance with the terms of this Lease.
(c) `Base Rent Commencement Date" will mean the Base Rent Commencement
Date specified on the Lease Facing Page.
(d) "Consumer Price Index AdjustmenY' will mean an amount multiplied by the
Consumer Price Index - All Items, published by the Deparhnent of Labor, Bureau of Labor Statistics for the
smallest published unit including the area in which the Leased Ground is located, next preceding the date of
adjustment, divided by such Consumer Price Index next preced'mg the Base Rent Commencement Date. If
the Consumer Price Index is no longer published by the Bureau of Labor Statistics of the Deparhnent of
Labor, any consumer price index published by a United States governmental entity selected by the Landlord
will be substituted. If no consumer price index is published by a United States governmental entity, the
Landlord acting reasonably will select an index or other method of adjushnent closely approximating an
adjustment based upon the Consumer Price Index.
(e) "Facilities" will mean the large bay storage facilities to be constructed by the
Tenant upon the Leased Ground.
(f) "Initial TenanY' will mean Condo Storage Concepts LLC, a Wyoming limited
liability company, whose address is 6970 S. Holly Circle, Suite 204, Centennial, CO 80112.
(g) "Landlord" will mean Landwest LLC, a Delaware limited liability company,
whose address is c/o B. Fitzgerald, 730 17`h Street, Suite SOQ Denver, CO 80202 .
(h) "Leased Ground" will mean the real property described in Exhibit A attached
hereto, together with all rights, privileges, easements, rights of ingress and egress, improvements and
appurtenances of whatever kind and character, benefiting, belonging or appertaining thereto (all of said land
being hereinafter sometimes called the "Leased Ground", "Ground" or "demised premises").
(i) "Lease Facing Page" will mean the page or pages of this Lease identified as
the "Lease Facing Page."
{00282730.DOC;4}
(j) "Lease Year" will mean the one (1) year period commencing on the first (lst)
day of the month following the Base Rent Commencement Date or on an anniversary of the Base Rent
Commencement Date.
(k) "Prime Rate" will mean the prime rate of interest published ia the VJestern
Edition of The Wall Street Journal or any successor publication from fime to time, adjusted for any change
in such prime rate, provided that if neither The YVall Street Journal nor any successor publication is
published, any publication of bank or other lending institution prevailing rates of interest charged to most
favored customers reasonably selected by the landlord.
(1) "Purchase Option" will mean any option to purchase the Leased Ground
specified in a Purchase Option Rider executed by the Landlord and the Initial Tenant attached to this Lease.
(m) "Rules and Regulations" will mean rules and regulatioas uniformly applied to
all Unit Owners, as may be adopted by the Association from time to time and approved by the Landlord.
(n) "Sublease" will mean the sublease of the Leased Ground to the Association.
(o) "Taxes" will mean all taxes, special and general assessments, water rents, rates
and charges, sewer rents and other govemmental impositions and charges of every kind and nature
whatsoever, eatraordinary, as well as, ordinary.
(p) "TenanY" will mean the Initial Tenant until all Units are sold to Unit Owners,
and not thereafter, and at such time as a Unit is purchased, each Unit Owner.
(q) "Term" will mean one hundred (100) years from the Base Rent
Commencement Date.
(r) "UniY" means a separately designated storage unit in the Facilities.
(s) "Unit Owner" will mean the owner of a Unit in the Facilities.
2. Recitals.
2.1 Tenant desires to lease the Leased Ground from Landlord for the purpose of
construction of the Facilities for sale of Units to Unit Owners wluch will use the Facilities for storage.
2.2 Prior to sale of any Unit to a Unit Owner, Tenant intends to create the Association to
sublease the Leased Ground for the benefit of the Unit Owners and to arzange for common area and exterior
maintenance of the Leased Ground and the Facilities, to govem use of common areas on the Leased Ground
and to collect and pay the rent therefor to the Landlord. Each Unit Owner will become a Tenant hereunder
upon acceptance of a deed to a Unit.
23 Landlord is willing to lease the Leased Ground to the Tenant and to permit the Tenant
to sublease the Leased Ground to the Association for such purposes, upon the terms and conditions set forth
herein.
Accord'mgly, the parties agree as follows:
{00282730.DOC;9}
2
3. Lease.
Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the Leased
Ground, upon and subject to the terms, conditions, covenants and provisions contained in this Lease
Agreement.
4. Oution to Purchase.
If a Purchase O tion Rider is attached, Tenant will have, and is hereby granted, the right to
purchase the Leased Ground in accordance with the Purchase Option Rider attached to and made a part of
this Lease by execution by the parties.
5. Rent.
5.1 Tenant, in consideration of this Lease Agreement, covenants and agrees to pay to
the Landlord during the Term of this Lease commencing upon the Base Rent Commencement Date the Base
Rent. Upon acceptance of a deed for a Unit, each Unit Owner will become jointly and severally liable for
the payment of the Base Rent.
5.2 Base Rent will be payable in advance, in monthly installments, upon the first day
of each and every month of the Lease commencing upon the Base Rent Commencement Date by Tenant to
the Landlord atthe address on the Lease Facing Page, or to such other payee or address as Landlord will
hereafter designate in writing from time to time by notice to Tenant, under the provisions of Section 31.
Base Rent for any part calendar month during the Term will be adjusted on a per diem basis.
53 Landlord will receive the rent herein provided without any Gability incurred for (or
without any deduction for) any cost, or costs, by reason of any taxes, any insurance premiums or any repairs
or maintenance to improvements as any of such items of cost may apply to the Leased Ground.
5.4 It is the purpose and intent of Landlord and Tenant that this is a net lease and that
the rent, except as herein otherwise provided; will be absolutely net to Landlord, so that this Lease wHl
yield, net, to Landlord, the net rent specified in Section 5.1 hereof in each year during the original term of
the Lease hereof, and that all costs, expenses and obligations of every kind and nahue whatsoever relating to
the Leased Ground, except as herein otherwise provided, which may arise or become due during or out of
the this Lease will be paid by Tenant, and that Landlord will be indemnified and saved harmless by Tenant
from and against the same; provided, however, that nothing herein contained will be conshued to require
Tenant to pay the principal of, or interest on, any indebtedness secured by any Ground mortgage.
5.5 Commencing on the first day of the fifth Lease Year and each year thereafter, the
amount of Base Rent will be adjusted by the Consumer Price Index Adjushnent.
6. Utilities.
Tenant shall, at its sole cost and expense, anange for and iastall all necessary and desirable
utilities, including electricity, water, sewerage and gas to be fwnished to the Leased Ground. Tenant will
pay all sewer rents and charges for water, heat, gas, hot water, electricity, light and power and other service,
or services, furnished to the Leased Ground, the Facilities and the users thereof during the term of this Lease
Agreement.
7. Taxes.
{00282730.DOC;9}
71 During the Term:
(a) Tenant will pay and discharge punctually, as and when the same will ,
become due and payable, all and each and every installment thereof which will or may, during the term of
this Lease Agreement, be charged, levied, laid, assessed, imposed, become due and payable, or liens upon or
for or with respect to the Leased Ground or any part thereof, or any buildings, appurtenances or equipment
owned by Tenant thereon, or therein or any part thereof, together with all interest and penalties thereon,
under or by virlue of all present or future laws, ordinances, requirements, orders, directives, rules or
regulations of the federal, state, county, town and city governments and all other governmental authorities
whatsoever (all of which will also be included in the term "Taxes," as heretofore denied). To the extent that
the Leased Ground is a part of a larger parcel and separation is not practical, Landlord and Tenant will make
an equitable allocation of each aggregate payment.
(b) To the extent that the same may be permitted by law, the Association will
have the right to apply for separate assessment of each Unit. In addition, the Association will have the right
to apply for the conversion of any assessment for local improvements assessed during the term of this Lease,
in order to cause the same to be payable in annua] instalUnents, and upon such conversion Tenant will pay
and discharge punctually such installments as they will become due and payable during the term of this
Lease Agreement. Landlord agrees to permit the application for the foregoing conversion to be filed 'm
Landlord's name, if necessary, and will execute any and all documents requested by Tenant to accomplish
the foregoing result.
(c) Tenant will be deemed to have complied with the covenants of Section 7.1
if payment of Taxes is made either within any period allowed by law or by the governmental authority
imposing the same during which payment is permitted without penalty or interest on or before the date such
taxes will become a lien upon the Leased Ground, and provided Tenant produces and exhibits to Landlord
satisfactory evidence of such payment, if Landlord requests such production in writing.
72 All such Taxes, including assessments which have been converted into installments
as set forth in Section 7.1, which become payable during the Lease Year in which the Term ends, will be
apportioned pro rata between Landlord and Tenant in proportion to the porfion of the assessment period
including the Term.
73 During the term of this Lease:
(a) Tenant, or its designees, wfll have the right to contest or review all Taxes
by legal proceedings, or in such other manner as it may deem suitable (which, if instituted, Tenant or its
designees will conduct promptly, at its own cost and expense, and free of any expense to Landlord, and, if
necessary, in the name of and with the cooperation of Landlord and Landlord will execute all documents
necessary to accomplish the foregoing). Notwithstanding the foregoing Tenant will promptly pay all such
Taxes if at any time the Leased Ground or any part thereof will then be immediately subject to forfeiture, or
if Landlord will be subject to any criminal liabiliTy, arising out of the nonpayment thereof.
(b) The legal proceedings refenetl to in the preceding paragraph will include
appropriate certiorari proceedings and appeals from orders therein and appeals from any judgments, decrees
or orders. In the event of any reduction, cancellation or discharge, Tenant will pay the amount finally levied
or assessed against the Leased Ground or adjudicated to be due and payable on such contested Taxes.
{00262730.DOC;9}
4
7.4 Landlord agrees that if there are any refunds or rebates on account of the Taxes
paid by Tenant under the provisions of this Lease, such refund or rebate will belong to Tenant. Landlord,
upon the request of Tenant, will sign any receipts which may be necessary to secure the payment of any
such refund or rebate, and will pay over to Tenant such refund or rebate if received by Landlord. Landlord
further covenants and agrees on request of Tenant at any time, and from time to time, but without cost to
Landlord, to make application individually (if legally required) or to join in TenanYs application (if legally
required) for separate tax assessments for such portions of the Leased Ground as Tenant will at any time,
and from time to time, designate. Landlord hereby agrees, upon request of Tenant, to execute such
instruments and to give Tenant such assistance in connection with such applications as will be required by
Tenant.
7.5 Nothing herein or in the Lease otherwise contained will requue, or be construed to
require, Tenant to pay any inheritance, estate, succession, transfer, gift, franchise, income or profit taxes,
that are, or may be, imposed upon Landlord, its successors or assigns.
8. Insurance.
8.1 During the term of this Lease, Tenant shall, at its own cost and expense, as
additional rent:
(a) Keep all buildings, improvements and betterments on, in or appurtenant to
the Leased Ground, or used in connection with the operation and maintenance of the building and its related
facilities, including all alterations, rebuildings, replacements, changes, additions and improvements on the
Leased Ground, insured for the benefit of Landlord, Tenant and all leasehold mortgagees, as their respective
interests may appear, against fire and extended coverage perils and, in addition, against all other hazards for
which such fire and extended coverage in its broadest coverage will be available, as may, from time to time,
be required by any leasehold mortgagee, in an amount, or amounts, equal to their full insurable value and in
any event, in an amount, or amounts, at all times sufficient to prevent Landlord and Tenant, or either of
them, from becoming a co-insurer under the terms of the applicable policies.
(b) Dwing any period of construction of the Facilities, provide builder's
completed value risk insurance against "all risks of physical loss", including collapse and transit coverage,
during construction of such Facilities, in non-reporting form, covering the total value of work performed and
equipment, supplies and materials fumished.
(c) Provide comprehensive general public liability and property damage
insurance, including, but not limited to, elevator and contractual liability insurance, protecting and
indemnifying Landlord and its officers, employees and agents, and Tenant against any and all clanns
(including all costs xnd expenses of defending against the same) for personal injury, disease or death, or
injury to, or destruction of, property (including loss of the use thereo fl occurring upon, or azising out of the
use of, the Leased Ground and building, or any streets, alleys, passageways, sidewalks, gutters, curbs,
vaults, or vault space upon the Leased Ground, the limits of which said general public liability and property
damage insurance wil] not be less than: $5,000,000.00 combined single limit. Landlord will have the right,
from time to time, during the term of this Lease, to requue Tenant to carry reasonably greater amounts of
such insurance.
(d) Provide Worker's Compensation insurance and employer's liability
insurance as required by law, covering all persons with respect to whom death, bodily injury or sickness
clauns could be asserted against Tenant under the provisions of any Worker's Compensation law, employer's
{00282730.DOC;9}
liabiliTy law or similar laws of the state in which the Leased Ground is located that may, at any time, or from
time to time, be enacted.
8.2 Tenant and Landlord will cooperate in connection with the collection of any
insurance monies that may become due in the event of a loss, but at the sole expense of Tenant, and
Landlord wIll execute and deliver to Tenant, upon the written request of Tenant, such proofs of loss and
other instruments as may be required for the purpose of obtaining the recovery of any such insurance
monies.
83 No apportionment of premium in respect of insurance will be made at the
expiration of the term of this Lease. Tenant may cancel any such policies as of such expiration and obtaim
any premium refunds incident thereto.
8.4 While and so long as Tenant's interest in the Leased Ground and building is
encumbered by a leasehold mortgage or leasehold mortgages, Tenant will enter into any and all agreements
and comply with any and all requirements as the Landlord's mortgagee may reasonably request for the
protection by insurance of its interest.
8.5 All policies of insurance required by tlus Section 8 will be taken out with insurers
and will contain deductible amounts acceptable to the Landlord and in form satisfactory from time to time to
the Landlord. Insurance companies authorized to do business in the state in which the Leased Ground is
located, with a rating A-IX or better, as rated in the most recent edition of BesYs Insurance Reports, will be
deemed acceptable to Landlord. Such policies will be in full force and effect on the date of execution of this
Lease and will be renewed thereafter not later than fifteen (15) days prior to the expiration date of each
policy.
8.6 Nothing in this Section 8 will prevent Tenant from taking out insurance of the kind
and in the amounts provided for under this section under a blanket insurance policy or policies covering
other properties as well as the demised premises, provided, however, that any such policy or policies of
blanket insurance (i) will specify therein, or Tenant will furnish Landlord with a written statement from the
insurers under such policy or policies specifying, the amount of the total insurance allocated to the demised
premises, wluch amounts will not be less than the amounts requued by Section 81 hereof, and (ii) such
amounts so specified will be sufficient to prevent any one of the insureds from becoming a co-insurer within
the terms of the applicable policy or policies, and provided further, however, that any such policy or policies
of blanket insurance shall, as to the demised premises, otherwise comply as to endorsements and coverage
with the provisions of this Section 8.
8.7 The insurance policies requued under this Lease to be furnished by Tenant to
Landlord may, at the election of Tenant, be furnished and/or paid for by any subtenant or other person
having an insurable interest in the demised premises, and Landlord will accept such policies as though Yhey
had been supplied and paid for by Tenant provided such policies will comply otherwise with the
requuements of this Lease.
8.8 All policies of insurance provided for in this Section 8 will name Landlord and all
Tenants as the insured as their respective interests may appear, and also, any fee and any leasehold
mortgagee, when requested, as the interest of any such mortgagee may appear, by standard mortgagee
clause, if obtainable, provided that any such mortgagee agrees that the proceeds of such insurance will be
applied in accordance with this Lease.
{00282730.OOC;4} 6
8.9 All such policies will provide that the loss, if any, thereunder will be adjusted and
paid as hereinabove provided. Each such policy shall, to the extent obtainable, contain a provision that no
act or omission of Tenant or any Unit Owner will affect or limit the obligation of the insurance wmpany so
to pay the amount of any loss sustained.
810 Each such policy or certificate therefor issued by the insurer shall, to the extent
obtainable, contain an agreement by the insurer that such policy will not be canceled without at least ten
(10) days' prior written notice to Landlord and to any mortgagee named therein.
9. Maintenance.
91 Tenant will maintain, at TenanYs expense, or cause the Association to maintain, the
Leased Ground and any buildings, structures, facilities, improvements and appurtenances hereafter erected
thereon and the related grounds and parking lot in a good state of repair, both inside and outside and keep
the same and all parts thereof, including, without limiting the generaliTy of the foregoing, the roof,
foundations, walls, floors, sidewalks, curbs, water and sewer connections, windows and other glass,
plumbing, water, gas and electric fixtures, pipes, wires and conduits, elevators, escalators, boilers,
machinery, fatures, equipment, fiuvishings, facilities and appliances, in, on or connected with the Facilities,
together with any and all alterations, additions and improvements therein or thereto, in good, clean, healthful
and safe order and condition, all in accordance with applicable municipal ordinances and the direction of
proper officials, suffering no waste or injury, and shall, at tenanPs sole expense, promptly make or acquire
all needed repairs, replacements, renewals and additions, structural or otherwise, whether ordinary or
extraordinary, foreseen, or unforeseen, in and to any of the foregoing, all as may be necessary to maintain
the Facilities throughout the Term hereof in a first-class condition.
9.2 All such repairs, replacements, renewals and additions will be of good quality and
sufficient for the proper maintenance and operation of the Leased Ground and any buildings, structures,
facilities, furnishings, equipment, fixtures, improvements and appurtenances, hereafrer erected thereon or
used in the operation of the Facilities and will be constructed and installed in compliance with all
requirements of all governmental authorities having jurisdiction thereof and the appropriate Board of Fire
Underwriters or any successor thereof. Tenant will not permit anything to be done upon the Leased Ground
or any improvements thereon wluch would invalidate or prevent the procurement of any insurance policies
which may at any time be required by this Lease or pernvt anything to be done on the streets or sidewalks or
alleys adjoining the Leased Ground, except as may be permitted by municipal authorities ttaving jurisdiction
thereof.
9.3 Maintenance and repair will include without limitation the following:
(a) maintaining and establishing reasonable reserves for the replacement of the
paved surfaces in a level, smooth and evenly covered condition with the type of surfacing material originally
installed or such substitute as will in all respects be equal or superior in qualiTy, use and durability;
(b) removing all snow and debris and sweeping the area periodically so as to
keep the Leased Ground in a clean and orderly condition;
(c) maintaining all signs on the Leased Ground in good condition;
condition;
{00282730.DOC;4}
(d) maintaining all landscaped areas in a good, clean and well-tended
7
(e) maintaining, repairing and replacing artificial lighting facilities on the
Leased Ground;and,
(f) maintaining and repairing the Facilities, storm drains, utility lines, sewer
lines, water lines and gas lines on the Leased Ground.
10. Use.
101 The Leased Ground and the Facilities will be used only for the purposes set forth
on the Lease Facing Page.
10.2 Under no circumstances will the Leased Ground or the Facilities at any time be
used for temporary or permanent lodging purposes for humans or auiwals of any type.
103 Use of the Leased Ground and the Facilities will be subject to the Rules and
Regulations.
11. Quiet Enjovment.
11.1 Tenant, upon paying rent and all other sums and charges to be paid by it, as herein
provided, and observing and keeping all covenants, warranties, agreements and conditions of this Lease on
its part to be kept, will quietly have and enjoy the Leased Ground during the term of tlus Lease, subject only
to the exceptions listed in Exhibit B hereto.
11.2 Landlord represents and warrants to Tenant that it has fee simple title to the Leased
Ground, subject to the exceptions listed in Elchibit B hereto, and the power and authority to execute and
deliver this Lease and to carry out and perform all covenants to be performed by it hereunder.
12. Hazardous Materials.
12.1 Definitions. For the purposes of this Ground Lease "Hazardous Material" means
any radioactive, hazardous, or toxic substance, material, waste or similar term, the presence of which on the
Leased Ground, or the discharge or emission of which from the Leased Ground, is prohibited or regulated
by federal, state or local governmental laws, ordinances, rules or regulations ("Governmental
Requirements") or wluch require special handling in collection, storage, treatment, or disposal by any
Governmental Requirements. The term Hazardous Material includes, but is not limited to, any material,
substance, waste or similar term which is:
(a) Defined as a hazardous material or material requiring special handling under
the laws of the state in wluch the Leased Ground is located, as amended from time to time;
(b) Defined as a hazardous substance under Section 311 of the Federal Water
Pollution Control Act (33 U.S.C. Section 1317) as amended from time to time;
(c) Defined as a hazardous waste under Section 1004 of the Federal Resource
Conservation and Recovery Act (42 U.S.C. Section 6901, et seq.) as amended from time to time;
(d) Defined as a hazardous waste substance under Section 101 of the
Comprehensive Environmental Response, Compensation and Liability Act, (42 U.S.C. Section 9601, et
MJ, as amended from time to tnne;
(00262730.DOC;4} _
(e) Defined as a radioactive, hazardous, or toxic substance, waste, material or
similar term in any rule or regulation, as amended from tnne to time, which is adopted by any administrative
agency; including, but not limited to the Environmental Protection Agency, the Occupational SafeTy and
Health Administration, or any such similar state or local agency having jurisdiction over the Leased Ground,
whether or not such rule or regulation has the force of law;
(f) Determined to contain asbestos or polychlotinated biphenyls;
(g) Defined as a radioactive, hazardous, or toxic waste, substance, material or
similar term in any other statute, regulation, rule or law presently in effect, or enacted or adopted at any time
after the date of this Lease, by local authorities, the state in which the Leased Ground is located, and/or the
federal government; or
(h) Subject to regulation under the Toxic Substances Control Act ("TSCA") (15
U.S.C., Section 2601, et sea.).
13. Reuresentations and Obliqations of Landlord.
13.1 No Hazardous Materials. Landlord represents, to its best knowledge, to Tenant
that, as of the date of this Lease, neither Landlord nor Landlord's agents, contractors, authorized
representatives, employees or predecessors in title or interest has engaged in any of the following prohibited
activities with respect to the Leased Ground:
(a) Caused or perrnitted any releases or discharges of Hazardous Material on or
from the Leased Ground; or
(b) Caused or pemutted any manufacturing, holding, handling, retaining storing,
transporting spilling, leaking, or dumping of Hazardous Material in or on any portion of the Leased
Ground; or,
(c) Otherwise placed, kept, stored or maintained, or allowed to be placed, kept,
stored or maintained, any Hazardous Material on any portion of the Leased Ground.
13.2 Compliance with Law. To Landlord's best knowledge, Landlord has complied and
the Ground comply, with all laws, ordinances, rules, and regulations of all authorities having jurisdiction
over the Leased Ground, or the use of the Leased Ground, and pertaining to any Hazardous Material (herein
called "Hazardous Material Laws").
14. Representarions and ObliQations of Tenant.
14.1 No Hazardous Material. Tenant represents to Landlord that after the date of this
Lease neither Tenant nor TenanYs tenants, invitees, agents, contractors, authorized representatives,
employees or predecessors in ritle or interest will engage in any of the following prohibited activities with
respect to the Leased Ground:
(a) Cause or permit any releases or discharges of Hazardous Material on or from
the Leased Ground; or
{00282730.DOC;4}
(b) Cause or pernut any manufacturing, holding, handling, retaining, storing,
transporting, spilling, leaking, or dumping of Hazardous Material in or on any portion of the Leased
Ground; or,
(c) Otherwise place, keep, store or maintain, or allowed to be placed, kept, stored
or maintained, any Hazardous Material on any portion of the Leased Ground.
14.2 Compliance with Law. Tenant will comply and after the date of tlus Lease the
Leased Ground will comply, with all laws, ordinances, rules, and regulations of all authorities having
jurisdiction over the Leased Ground, or the use of the Leased Ground, and pertaining to any Hazardous
Material (herein called "Hazardous Material Laws") except as may have existed on the date of this Lease.
143 Removal of Hazardous Materia] and Freedom from Liens. If Hazardous Material
is discovered on the Leased Ground which ocwrred a$er the date of tlus Lease, Tenant will with due
diligence remove all such Hazardous Material in compliance with all governmental requirements, and keep
the entire Leased Ground free of any lien imposed pursuant to any laws, regulations, or orders of any
governmental or regulatory authoriTy having to do with the removal of Hazardous Material.
14.4 Indemnitv and Hold Harmless. Tenant will be solely responsible for, and hereby
agrees to indemnify and hold Landlord (including the respective heirs, personal representatives, successors,
assigns, employees, agents, officers and d'uectors of Landlord) harmless from, any and all actions, loss,
liability, damage, cost or expense including without limitation, attorneys' fees occasioned by, resulting
from, or consequent to any Hazardous Material or Hazardous Material Contamination on the Leased
Ground; any releases or discharges of Hazardous Material from the Leased Ground; any manufacturing,
maintaining, holding, handling, storing, transporting, spilling, leaking or dumping of Hazardous Material on
or at the Leased Ground, any other violation of Hazardous Material Laws; any claim or assertion that any
such Hazardous Material or Hazardous Material Contamination is so located on the Leased Ground or that
any such activities or violations have occuned on the Leased Ground; or any other faIlure or alleged failure
of Tenant, or the Leased Ground to comply with the provisions of this section, notwithstanding any and all
attempts by Tenant to exercise due diligence in ascertaining whether or not any of the events outlined above
affect the Leased Ground; provided, however, that such indemnity will be limited to occurrences which took
place or which arise out of events which took place after the date of this Lease while Tenant is in possession
of the Leased Ground. Such loss, liability, damage, cost or expense hereby indemnified against will include,
without limitation:
(a) All foreseeable consequential damages;
(b) The costs of any required or necessary repair, cleanup or detoxification of the
Leased Ground, including the soil and ground water thereof, and the preparation and implementation of any
closure, remedial or other required plans;
(c) Damage to any natural resources; and,
(d) All reasonable costs and expeases incurred by Landlord in connection with
clauses (a), (b) and (c), including but not limited to reasonable.attorneys' fees and consultants' fees.
All costs and expenses incurred by Landlord for wluch Tenant is responsible, or for which Tenant has
indemnified Landlord will be paid by Tenant to Landlord within fifteen (15) days of demand therefor. Upon
Tenant's failure to make such payment within said fifteen (15) day period, the full amount thereof will
{00282730.DOC;4}
10
accrue interest from the sixteenth (16th) day after demand until paid at the highest rate permitted by law;
and, at Landlord's election, such failure will constitute a defauk hereunder.
Landlord will have the right, but not the obligation, to join and participate in (as a party if it so
elects), any legal or administrative proceedings or actions initiated in connecfion with any allegation that
Tenant or the Leased Ground violate, or have violated, any provision of this Section 14, and to have
Landlord's reasonable attorneys' and consultants' fees in connection therewith paid by Tenant upon demand.
The aforesaid indemnification and hold harniless agreement will benefit Landlord from the date
hereof and will not be terminated on the termination of this Lease, but will continue thereafter
notwithstanding temvnation of this Lease; and, without limiting the generality of the foregoing such
obligations will continue for the benefit of Landlord, and Landlord's representatives, successors and assigns.
15. Landlord Access.
Landlord, or Landlord's agents and designees, will have the right, but not the obligation to
enter upon the Leased Ground at all reasonable times to examine and to exhibit the Leased Ground to
prospective purchasers and prospective tenants, but in the latter case only during the last nine months of the
term of this Lease. Landlord will be permitted to affix a"To LeY' or "For Sale" sign on the Leased Ground
during the last six months of the term of this Lease, in such place as will not interfere with the business then
being conducted at the Leased Ground.
16. Improvements.
161 Tenant acknowledges that it has fully inspected the Leased Ground, and on the
basis of such inspections, Tenant hereby accepts the Leased Ground, as is, as suitable for the purposes for
which the same are leased.
16.2 Before begiuning wnstruction of the Facilities or any alteration or improvement
having a cost in excess of $10,000 on the Leased Ground, Tenant will submit to Landlord a copy of the
plans and specifications for such construction, alteration or improvement, and any amendments thereto,
together with an estimate which will show in reasonable detail, allocated among the various trades, the
approximate net cost of such construction, alteration or improvement. Such plans and specifications will
comply with all relevant legal requirements.
163 Plans and specifications for the Facilities to be constructed upon the Leased
Ground will be submitted to Landlord on or before the date specified on the Lease Facing Page.
Construction of the Building will commence within sixty days after final approval of plans and
specifications by Landlord and issuance of a building permit by the municipality in which the Leased
Ground is located will be completed and a certificate of occupancy issued for the Building no later than
eighteen months after commencement of construction, subject to unavoidable delays as such term is defined
in Section 25. Tenant may ternilnate this Lease if a building permit has not been issued within six (6)
months after the Lease Date by the municipality in which the Leased Ground is located, but only if Tenant
has not been delinquent pursuing such pernut.
16.4 Before making any akerafions or any improvements on the Leased Ground, Tenant
will supply Landlord with such endorsements to liabiliTy insurance policies as will be necessary to cover the
contemplated work.
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11
16.5 Any and all buildings, structures, alterations, additions and improvements upon the
Leased Ground at the expiration or sooner termination of tius Lease wIll then become property of Landlord
and will be sunendered to the Landlord at that tune.
17. Mechanics Liens.
If, because of any act or omission of Tenant, any mechanic's lien or other lien, charge or
order for the payment of money will be filed against Landlord or any portion of the Leased Ground, Tenant
shall, at its own cost and expense, cause the same to be discharged of record, bonded or insured against by a
title insurance company reasonably acceptable to Landlord within ninety (90) days after of the filing thereof;
and Tenant will indemnify and save harmless Landlord against and from all costs, liabHities, suits, penalties;
claims and demands, including reasonable counsel fees resulting therefrom.
18. Signs
Tenant, and Tenant's subtenants, will have the right to install, maintain and replace in, on or
over or in front of the Leased Ground, or in any part thereof, such signs and advertising matter as Tenant
may desire, complying with any applicable requirements of governmental authorities having jurisdiction.
Tenant will obtain any necessary permits for such purposes. As used in this section, the word "sign" wdl be
construed to include any placard, light or other advertising symbol or object, removable without damage to
the Leased Ground.
19. Public Authoritv.
191 During the term of this Lease Agreement, Tenant shall, at its own cost and
expense, promptly observe and comply with all present and future laws, ordinances, requirements, orders,
directives, rules and regulations of the federal, state, county, town, village and city govemments and of all
other governmental authorities affecting the Leased Ground or appurtenances thereto or any part thereof,
whether the same are in force at the commencement of the term of this Lease or may, in the fuhue, be
passed, enacted or directed, and Tenant wil] pay all costs, expenses, liabilities, losses, damage, fines,
penakies, claims and demands, including reasonable counsel fees, that may, in any manner, arise out of or
be imposed because of the failure of Tenant to comply with the covenants of this section.
19.2 Tenant will have the right to contest by appropriate legal proceedings diligently
conducted in good faith, in the name of Tenant or Landlord (if legally requ'ved) or both (if legally required),
without cost or expense to Landlord, the validity or application of any law, ordinance, rule, regulation or
requirement of the nature referred to in Section 19.1 of this section, and if by the terms of any law,
ordinance, order, rule, regulation or requirement, compliance therewith may legally be delayed pending the
prosecution of any such proceeding, Tenant may delay such compliance therewith until the fmal
determination of such proceeding.
19.3 Landlord agrees to execute and deliver any appropriate papers or other instruments
which may be necessary or proper to permit Tenant so to contest the validity or application of any such law,
ordinance, order, rule, regulation or requirement and to fully cooperate with Tenant in such consent.
20. Easements.
Tenant will have the right to enter into reasonable agreements with utility companies
creating easements in favor of such companies as are required in order to service the buildings on the
{00282730.DOC;4}
12
Leased Ground, and Landlord covenants and agrees to consent thereto and to execute any and all
documents, ageements, and instruments, and to take all other actions, in order to effectuate the same, all at
TenanYs cost and expense.
21. Indemni .
21.1 Tenant will indemnify and save harmless Landlord from and against any and all
liability, damage, penakies or judgments arising from injury to person or properiy situated by any one in and
about the Leased Ground, except as resulting from any act or acts or omission or omissions of the Landlord
or any of the Landlord's officers, agents, servants, employees, or conhactors. Tenant shall, at its own cost
and expense, defend any and all suits or actions (just or unjust) which may be brought against Landlord or in
which Landlord may be impleaded with others upon any such above-mentioned matter, claim or claims,
except as may result from the acts set forth in Section 13 and 21.2.
21.2 Except for its affirmative acts or negligence or the affirmative acts or negligence of
its officers, agents, servants, employees or contractors, Landlord will not be responsible or liable for any
damage or injury to any property, fixtares, building or other improvements, or to any person or persons, at
any time on the Leased Ground, including any damage or injury to Tenant, any Unit Owner, or to any of
TenanYs or Unit Owner's officers, agents, servants, employees, contractors, customers or sublessees.
21.3 In case of damage to or destruction of any improvements on the Leased Ground or
any part thereof by fire or otherwise, Tenant will promptly give written notice thereof to Landlord, and
Tenant shall, at Tenant's sole cost and expense, and whether or not the insurance proceeds, if any, are
sufficient for the purpose, restore, repair, replace, rebuild or alter the same as nearly as possible to its value
immediately prior to such damage or destruction, with such changes or alterations as may be made at
TenanPs election, all in confornvty with and subject to the conditions of Sections 16.2 through 16.5. Such
restorations, repairs, replacements, rebuilding or alterations will be commenced within ninety (90) days
from the date of occunence of such damage or destruction, subject to reasonable delays due to adjushnent of
insurance, preparation of plans and specifications, and applications for zoning variances and rezoning, and
will thereafter be prosecuted with reasonable diligence, unavoidable delays as defined in Section 25
excepted.
21.4 (a) All insurance money paid on account of such damage or destruction to the
Landlord or Tenant less the reasonable cost, if any, incuned in connection with adjustment of the loss and
the collection thereof will be applied to the payment of the cost of the aforesaid restoration, repairs,
replacement, rebuilding or akerations, including the cost of temporary repairs or for the protection of
property pending the completion of permanent restorarion, repairs, replacements, rebuilding or alterations
(all of wluch temporary repairs, protection of property and permanent restoration, repairs, replacement,
rebuilding or alterations are hereinafter collectively refened to as the "restoration").
(b) If the net insurance money is insufficient to pay the entire cost of such
restoration, Tenant will pay the deficiency and any balance of the insurance money will be paid to Tenant.
(c) Anything herein contained to the contrary notwithstanding, in the event of
the termination of this Lease pursuant to Section 21.7, any and all insurance proceeds will be paid over to
Landlord, and Tenant will have no right, title, interest or claim thereto or therein whatsoever, except insofar
as such proceeds represent payment for damage or destruction to non-fixture personal property of the Tenant
insured separately from the Faciliries and other real estate.
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13
21.5 In case of damage to or destruction of any improvements on the Leased Ground by
fue or otherwise wlrich amounts to substantially total destruction thereof or is of such character as in the
judgment of Tenant to require demolition of the remainder thereof, Tenant will have the right, at its option,
either to restore, replace or rebuild the same as provided in this Lease, or to demolish the remainder of the
same and to construct, in replacement thereof, a new building subject in all respects to the provisions of
Section 16 hereof and Tenant will in connection therewith duly and faithfully comply with all of such
provisions. Any restored or new building will be at least ec{ual in value to the destroyed or damaged
building.
21.6 Except as expressly provided herein, no destruction of or damage to the
improvements on the Leased Ground or any part thereof by fire or any other casualty will perinit Tenant to
surrender this Lease or will relieve Tenant from its liability to pay the full net rent and additional rent and
other charges payable under this Lease or from any of its other obligations under this Lease and Tenant
waives any rights now or hereafter conferred upon it by statute or otherwise to quit or sunender this Lease
or the Leased Ground or any part thereof, or to any suspension, diuiinution, abatement or reduction of rent
on account of any such destruction or damage.
21.7 Anything herein to the contrary and notwithstanding and subject to Tenant's
compliance with the insurance provisions of this Lease, if, during the last five (5) years of the Term, the
improvements on the Leased Ground will be so damaged by fire or otherwise (so long as the same is an
insured casualty) that the cost of replacement or restoration thereof will exceed fifly percent of the then
replacement value of the improvements so damaged (any dispute with respect the extent of such damage to
be arbitrated pursuant to Section 36 hereof), then:
(a) Landlord may elect to cancel this Lease on at least thirty (30) days' notice,
given within sixty days after such damage, and this Lease will come to an end on the date in such notice
specified.
(b) Tenant may elect to cancel this Lease on at least thirty (30) days' notice,
given within sixty (60) days after such damage, and this Lease will come to an end on the date in such
notice specified; provided, however, that simultaneously with the giving of its notice Tenant will deliver to
Landlord an assignment duly executed and acknowledged by Tenant and the holders of all mortgages on this
Lease, transferring to Landlord all of the rights and claims of Tenant and of such holders in, to and under all
insurance proceeds covering such damage or destruction and in and to all insurance policies carried by
Tenant pursuant to this Lease.
In the event of any such cancellation, Tenant will not be obligated to perform any restoration, this Lease and
the Term hereof will terminate as of the effective date of such cancellation as specified in the notice, all such
insurance proceeds will be the property of Landlord and neither Tenant nor the holder of any mortgage on
this Lease will have any rights or claims with respect thereto, except insofar as such proceeds represent
payment for damage or destruction to non-fixture personal properry of the Tenant insured separately from
the Facilities and other real estate. No such cancellation or termination will release Tenant from any
obligation hereunder for rent, taxes and insurance premiums accrued or payable for or during any period
prior to the effective date of such cancellarion, and any prepaid rent, taxes and insurance premiums beyond
the effective date of such cancellation will be adjusted. In case of any arbitration of a dispute under this
section whether any cost of replacement will exceed fifty percent of the then replacement value of the
improvements so damaged, the time to give any notice under tlus section will be extended to a date which
will be thirty days after the determiuation of such arbitration.
{00282730.DOC;9}
14
22. Condemnation.
22.1 If the Leased Ground, or any part thereof, is taken in condemnation proceedings or
by exercise of any right of eminent domain or by ageement between Landlord, Tenant and those authorized
to exercise such right (any such matters being hereinafter refened to as a"taking"), Landlord, Tenant and
any person or entity having an interest in the award or awards will have the right to participate in any such
condemnation proceedings or agreement for the purpose of protecting its interests hereunder. Each party so
participating will pay its own expenses therein.
22.2 If at any time during the term of this Lease there is a ta.king of the whole or
substantially all of the Leased Ground tlus Lease wil] terminate and expire on the date of such taking and the
rent and additional rent hereunder will be apportioned and paid to the date of such taking. For the purpose
of this section "substantially all of the Leased Ground" will be deemed to have been taken if the untaken
part of the Leased Ground will be insufficient for the economic and feasible operation thereof by Tenant.
223 If this Lease is terminated as a result of such taking:
(a) If at the time of such taking Tenant has purchased, erected or be engaged in the
erection of a building Tenant will be entitled to the building award. The building award will be deemed to
be that part of the award which is specifically attributable by the condemnation court (or condemnation
commissioner or other body authorized to make the award) to any building or buildings or, if not so
attributed by the court, as will be determined by ageement between the parties or by arbitration, to be
attributable to such building or buildings.
(b) Landlord will be entitled to the award for the land and for consequential
damages to and diminution of the assemblage or plottage value of the land not so taken.
(c) If Tenant has not purchased, made additions or nnprovements to the buildings
now on the Leased Ground, Landlord will be entiUed to the entire building award.
22.4 If this Lease continues after any such taking, this Lease will remain unaffected
except:
(a) The Base Rent will be reduced by an amount which bears the same
proportion to the Base Rent immediately prior to the partial taking as the rental value of the part of the
Leased Ground so taken will bear to the rental value of the whole Leased Ground immediately prior to such
taking.
(b) Tenant shall, promptly after such taking and at its expense restore such
building or buildings to a complete architectural unit, in which event Tenant will be enritled to
rennbursement fot the costs thereof from the building award, as defined in Subsection 223(a) hereof.
(c) Landlord will be entitled to the award for the land taken and for
consequential damages to and diminution of the assemblage or plottage value of the land not so taken.
(d) If at the time of such taking Tenant has purchased, erected or be engaged
in the erection of a building, the entire building award, as defined in Subsection 223(a) hereof, will be the
property of Tenant. In addition, Tenant will be entitled to any award for consequential damages to the part
of the building or buildings which are untaken.
{00262730.DOC;9}
15
(e) The building award will be paid to Tenant except so much thereof as will
be necessary to pay the cost of restoration required by Subsection 223(b) hereof (the "cost of restoration").
The cost of restoration will be paid to Tenant afrer completion of such restoration. If Tenant proceeds under
Subsection 223(b) hereof and if TenanYs share of the building awazd is less than the cost of restoration, the
remainder of the building award will be applied in accordance with this Subsection 223 to the extent
necessary to defray the cost of restoration. If the remainder of such building award is insufficient to defray
the cost of restoration, Tenant will pay such deficiency.
22.5 In the event of any taking Tenant will not be entitled to any payment based upon
the value of the unexpired Term of tlus Lease (the same being deemed to have been assigned to Landlord
for purposes of such valuation), or consequential damages to the land not so taken, or the diminution of the
assemblage or plottage value of the land not so taken.
22.6 In the event of the taking of an easement or any other taking which will be of an
interest or estate in the land less than a fee simple (other than a taking for temporary use mentioned in
Section 22.7 hereofl, as a result of which the Leased Ground is insufficient for the economic and feasible
operation thereof by Tenant, this Lease will ternunate and expire with the same force and effect as in the
case of a taking pursuant to Section 22.2 hereof. Otherwise, such taking will be deemed a taking
insufficient to terminate tlus Lease, and the division of the award will be governed by Section 22.4 in so far
as that section will be applicable; providecl, however, that if there is any payment or award predicated on a
change in the grade of a street or avenue on which the Leased Ground abuts, Tenant will be entitled, after
making such change or restoration as may be necessary and appropriate by reason of such change of grade,
to reimbursement for the expense thereof to the extent of the net amount of any payment or award, after
deduction of costs of collection, including attorneys' fees, which may be awarded for such change of grade.
Any part of an award for change of gade which remains unexpended after such restoration will be the
property of Landlord. If any award includes change of grade and any other item or element of damage, that
part thereof will be applied in accordance with this Section 22.6 which is specifically attributed to change of
grade by the condemnation court (or condemnation commissioner or other body authorized to make the
award) or, if not so attributed, will be deteanined by agreement between the parties or by arbitration
pursuant to Section 36 hereof.
22.7 In the event of a taking of all or a part of the Leased Ground for temporary use, this
Lease will continue without change, as between Landlord and Tenant, and Tenant will be entitled to the
award made for such use; provided that:
(a) such award will be apportioned between Landlord and Tenant as of the
date of the expiration of the Term, and provided further, that if any such award will be in a lump sum or in
installments covering a period of time greater than three months, Tenant will be entitled to a sum equal to a
maximum of three (3) months' rent and the balance of such award will be deposited with Landlord for
payment to Tenant in equal quarter-annual installments; and
(b) in the event of any dispute between Landlord and Tenant with respect to
any issue of fact (other than one determined by the condemnation court or condemnation commissioners or
other body authorized to make the award) arising out of a taking mentioned in this Section 22, such dispute
will be resolved by arbitration.
{00282730.DOC;4}
16
23. Leasehold MortQa¢es.
Tenant and every successor and assign of Tenant is hereby given the right by Landlord, in
addition to any other rights herein granted, without Landlord's prior written consent, to mortgage its interests
in this Lease, or any part, or parts, thereof, and assign this Lease, or any part or parts thereof, as collateral
security for such mortgage, upon the condition that all rights acquired under such mortgage will be subject
to each and all of the covenants, conditions and restrictions set forth in this Lease, and to all rights and
interests of Landlord herein, none of which covenants, conditions or restrictions is, or will be, waived by
Landlord by reason of the right given so to mortgage such interest in tlus Lease. If Tenant and/or TenanYs
successors and assigns will mortgage this leasehold, or any part or parts thereof, and if the holder of such
mortgage shall, within thirty (30) days of its execution, send to Landlord a true copy thereof, together with
written notice specifying the name and address of the mortgagee and the pertinent recording data with
respect to such mortgage, Landlord agrees that so long as any such leasehold mortgage will remain
unsatisfied of rewrd or until written notice of satisfaction is given by the holder to Landlord, the following
provisions will apply:
231 There will be no cancellation, sunender or modification of this Lease by joint
action of Landlord and Tenant without the prior consent, in writing, of the leasehold mortgagee;
23.2 Landlord shall, upon serving Tenant with any notice of default, snnultaneously
service a copy of such notice upon the holder of such leasehold mortgage. The leasehold mortgagee will
thereupon have the same period, after service of such notice upon it, to remedy, or cause to be remedied, the
defaults complained of, and Landlord will accept such performance by or at the instigation of such leasehold
mortgagee as if the same had been done by Tenant.
233 Anything herein contained notwithstanding, while such leasehold mortgage
remains unsatisfied of record, or until written notice of satisfaction is given by the holder to Landlord, if any
defauk will occur which, pursuant to any provision of this Lease, entitles Landlord to terniinate this Lease,
and if before the expiration of ten days from the date of service of notice of termination upon such leasehold
mortgagee such leasehold mortgagee has notified Landlord of its desire to nullify such notice and has paid
to Landlord all rent and additional rent and other payments herein provided for, and then in default, and has
complied or wmmences with the work of complying with all of the other requirements of this Lease, if any
are then in default, and prosecutes the same to completion with reasonable diligence, then in such event,
Landlord will not be entitled to terminate this Lease and any notice of ternunation theretofore given will be
void and of no effect;
23.4 If Landlord elects to terminate this Lease by reason of any default of Tenant, the
leasehold mortgagee will not only have the right to nullify any notice of termination by curing such default,
as aforesaid, but will also have the right to postpone and extend the specified date for the termination of this
Lease as fixed by Landlotd in its notice of termination, for a period of not more than siac (6) months,
provided that such leasehold mortgagee cures, or causes to be cured, any then existing money defaults and
meanwhile pays the rent, additional rent and complies with and performs all of the other terms, conditions
and provisions of this Lease on TenanYs part to be complied with and performed, other than past
non-monetary defaults, and provided further that the leasehold mortgagee forthwith takes steps to acquire ot
sell TenanYs interest in this Lease by foreclosure of the mortgage, or otherwise, and prosecutes the same to
completion with all due diligence. If at the end of such six (6) month period the leasehold mortgagee is
actively engaged in steps to acquire and sell TenanYs interest herein, the time of such mortgagee to comply
with the provisions of this section will be extended for such period as will be reasonably necessary to
complete such steps with reasonable diligence and continuity; and
{00282730.DOC;4} 17
23.5 Landlord agrces that the name of the leasehold mortgagee may be added to the
°Loss Payable Endorsement" of any and all insurance policies required to be carried by Tenant hereunder on
condition that the insurance proceeds are to be applied in the manner specified in this Lease and that the
leasehold mortgage or collateral document will so provide.
24. Tenant Sublease.
At any time during the Term, Tenant will have the right to sublet the Leased Ground to the
Association, without requiring Landlord's consent therefor. Except as provided herein, Tenant will not
have the right to sublet or assign its interest in the Leased Ground. Unless the Landlord otherwise agrees,
no assignment or subletting whatsoever will release or dischazge Tenant from any of its covenants and
obligarions, agreements and conditioas in this Lease contained which will run with the Leased Ground in
favor of Landlord.
25. Force Majeure.
In the event that Landlord or Tenant will be delayed, hindered in or prevented from the
performance of any act required hereunder, other than payment of rent, by reason of strikes, lock-outs, labor,
disputes, inability to procure materials, failure of power, restrictive govemmental laws or regulations, riots,
insurrection, the act, failure or default of the other party, war or other reason beyond their control, then
performance of such act will be excused for the period of the delay and the period for the performance of
any such act will be extended for a period equivalent to the period of such delay.
26. Certificates.
Either party shall, without charge, at any time and from time to time hereafrer, within ten
(10) days after written request of the other, certify by written instrument duly executed and acknowledged to
any mortgagee or purchaser, or proposed mortgagee or purchaser, or any other person, firm or corporation
specified in such request:
(a) As to whether this Lease has been supplemented or amended, and if so, the
substance and manner of such supplement or amendment;
(b) As to the validiTy and force and effect of this Lease, in accordance with its
tenor as then constituted;
(c) As to the existence of any default thereunder;
(d) As to the eacistence of any offsets, commterclaims or defense thereto on the part
of such other party;
(e) As to the commencement and expiration dates of the term of this Lease; and
( fl As to any other matters as may be reasonably requested.
Any such certificate may be relied upon by the party requesting it and any other person, firm or corporation
to whom the same may be exhibited or delivered, and the contents of such certificate will be binding on the
party executing the same.
{00282730.DOC;9}
18
27. Default.
27.1 Upon the happening of any one or more of the following events, Landlord may
give notice to Tenant stating that the term of this Lease is terminated on a date and if such notice will be
given, the term of this Lease will terminate on the date so stated.
(a) The failure of Tenant to timely and fully pay an installment of rent, or
other charge or money obligation herein required to be paid by Tenant within ten (10) days after due.
(b) The making by Tenant of an assignment for the benefit of its creditors.
(c) The levying of a writ of execution or attachment on or against the property
of Tenant if the same is not released or discharged within siacty (60) days thereaftec
(d) The instituting of proceedings in a cour[ of competent jurisdiction for the
involuntary bankruptcy, arrangement, reorganization, liquidafion or dissolution of Tenant under the Federal
Bankruptcy Act (as now or hereafter in effect) or any state bankruptcy or insolvency act, or for its
adjudication as a bankrupt or insolvent, or for the appoinhnent of a receiver of the property of Tenant, and
said proceedings are not dismissed, or any receiver, trustee, or liquidator appointed therein is not discharged
within siacTy (60) days after the institution of said proceedings.
(e) The instituting of proceedings for the voluntary bankruptcy arrangement,
reorganization, liquidation or dissolution of Tenant under the Federal Bankruptcy Act (as now or hereafter
in effect) or any state banlauptcy or insolvency act or if Tenant will otherwise take advantage of any state or
federal bankruptcy or insolvency act as a bankrupt or insolvent.
(f) The doing, or permitting to be done, by Tenant of any act which creates a
mechanids lien or claim therefor against the land or building of which the Leased Ground are a part if the
same is not released or otherwise provided for by indemnification satisfactory to Landlord within the period
specified in Section 17.
(g) The failure of Tenant to perform or to commence performance (and
thereafter diligently pursue performance) any one or more of its other covenants under this Lease within
thirty (30) days after written notice to Tenant specifying the covenant or covenants Tenant has not
performed.
Notwithstanding any such termination, Tenant will remain liable to Landlord as hereinafter
provided in section 28 of this Lease.
27.2 No condoning, excusing or overlooking by the Landlord of any default, breach or
non-observance by the Tenant at any time or times in respect of any covenants, provisions or conditions
herein contained will operate as a waiver of the Landlord's rights hereunder in respect of any continuing or
subsequent default, breach or non-observance, or so as to defeat or affect such continuing or subsequent
default or breach, and no waiver will be inferred from or implied by anything done or omitted by the
Landlord save only express waiver in writing. All rights and remedies of the Landlord in this Lease
contained will be cumulative and not alternative.
{00282730.DOC;4}
19
28. Remedies of Landlord.
28.1 If an event of default set forth in Section 27.1 occurs, the Landlord will have the
following rights and remedies, in addition to all other remedies at law or equity, and none of the following,
whether or not exercised by the Landlord, will preclude the exercise of any other right or remedy whether
herein set forth or existing at law or equity:
(a) Landlord will have the right to terminate this Lease by giving the Tenant
notice in writing, and upon the giving of such notice, this Lease and the term hereof as well as all the right,
title and interest of the Tenant under this Lease will wholly cease and expire in the same manner and with
the same force and effect on the date specified in such notice as if such date were the expiration date of the
term of this Lease, without the necessity of re-entry or any other act on the Landlord's part. Upon
termination the Tenant will quit and sunender to Landlord the Leased Ground. If this Lease is so terniinated
by the Landlord, the Landlord will be entitled to recover from the Tenant as damages the worth at the time
of such terntination of the excess, if any, of the amount of rent reserved in this Lease for the balance of the
term of this Lease (which will be calculated on the then current rent under this Lease) in excess of the then
reasonable rental value of the Leased Ground for the same period plus all costs and expenses of Landlord
caused by the TenanPs default.
(b) Landlord may, without demand, or notice, re-enter and take possession of
the Leased Ground or any part thereof, repossess the same and expel the Tenant and those claiming tluough
or under the Tenant, and remove the effect of any and all such persons (forcibly, if necessary) without being
deemed guilty of any manner of trespass and without prejudice to any remedies for arrears of rent or
preceding breach of covenants. Should the Landlord elect to re-enter as provided in this Section 28.1(b), or
should the Landlord take possession pursuant to legal proceedings or pursuant to any notice provided for by
law, the Landlord may, from time to time, without tenniuating this Lease, relet the Leased Ground or any
part thereof for such other conditions as the Landlord may deem advisable, with the right to make alterations
and repairs to the Facilities or the Leased Ground. No such re-entry or repossession of the Leased Ground
by the Landlord will be construed as an election on the Landlord's part to temiinate this Lease unless a
written notice of termination is given to the Tenant by the Landlord. No such re-entry or repossession of the
Leased Ground will relieve the Tenant of its liability and obligation under this Lease, all of which will
survive such re-entry or repossession. Upon the occwrence of such re-entry or repossession, the Landlord
will be entitled to damages in the amount of the montiily rent, and any other sums, which would be payable
hereunder if such re-entry or repossession had not occurred, less the net proceeds, if any, of any reletting of
the Leased Ground after deducting all the Landlord's expenses in connection with such reletting, including,
but without limitation, all repossession costs, brokerage commissions, legal expenses, attomeys' fees,
expenses of employees, alteration costs, and such damages to the Landlord on the days on which the rent or
any other sums due hereunder would have been payable hereunder if possession had not been retaken. In no
event will the Tenant be entitled to receive any excess, if any, of net rent collected by the Landlord as a
result of such reletting over the sums payable by the Tenant to the Landlord hereunder.
28.2 If the Tenant defaults in making any payment required to be made by the Tenant
(other than payments of rent) or defaults in perfomung any other obligations of the Tenant under tlus Lease,
the Landlord may, but will not be obligated to, make such payment or, on behalf of the Tenant, expend such
sum as may be necessary to perform such obligations. All swns so expended by the Landlord, with interest
thereon at the rate of five percent (5%) over the Prime Rate per year will be repaid by the Tenant to the
Landlord on demand. No such payment or expenditure by the Landlord will be deemed a waiver of the
Tenant's default nor will it affect any other remedy of the Landlord by reason of such default.
{00282730.DOC;9}
20
283 If the Tenant defaults in making payment of any rent or other sum due under this
Lease, the Landlord may charge and the Tenant will pay upon demand interest thereon at the rate of five
percent (5%) over the Prime Rate per year from the date such rent or other sum first became due.
29. Hold.~.Over.
If the Tenant continues to occupy and continues to pay rent for the Leased Ground after the
expiration of this Lease with or without the consent of the Landlord, and without any further written
agreement, the Tenant will be a tenant from month to month at a monthly Base Rent equal to the last full
monthly Base Rent payment due hereunder, and subject to all of the additional rentals, terms and conditions
herein set out except as to the expiration of the Term.
30. Transfer bv Landlord.
In the event of a sale, lease or other transfer by the Landlord ofthe Leased Ground, the
Landlord shall, without further written agreement, be freed, released and relieved of all liability or
obligations under this Lease.
31. Notice.
311 Any notice, request, statement or other writing pursuant to this Lease will be
deemed to have been given if sent by registered or certified mail, postage prepaid, return receipt requested,
to the party at the address stated in the Definitions.
31.2 Notice will also be sufficiently given if and when the same will be delivered, in the
case of notice to Landlord, to an executive officer of the Landlord, and in the case of notice to the Tenant, to
him personally or to an executive officer of the Tenant if the Tenant is a corporation. Such notice, if
delivered, will be conclusively deemed to have been given and received at the time of such delivery. If in
this Lease two or more persons are named as Tenant, such notice will also be sufficiently given if and when
the same will be delivered personally to any one of such persons.
313 Any party may, by notice to the other, from time to time, designate another address
in the United States to which notices mailed more than ten (10) days thereafter will be addressed.
32. Governing Law.
This Lease will be deemed to have been made in and will be construed in accordance with
the laws of the state in which the Leased Ground is located.
33. Pavment in United States Cunencv.
The rentals reserved herein and a]] other amounts required to be paid or payable under the
provisions of this Lease will be paid in lawful money of the United States.
34. Lease Entire Aereement.
The Tenant acknowledges that there are no covenants, representations, wananties,
ageements or condifions expressed or implied, collateral or otherwise forming part of or in any way
affecting or relating to this Lease save expressly set out im tlris Lease, and schedules and riders attached
hereto and that this Lease, and schedules attached hereto, constitute the entire agreement betcveen the
{00282730.DOC;4}
21
Landlord and the Tenant and may not be amended or modified except as explicitly provided or except by
subsequent agreement in writing of equal formality hereto executed by the party to be charged therewith.
35. Binding Effect.
Except as expressly provided herein,this Lease will inure to the benefit of and be binding
upon the parties hereto and their respective successors and permitted assigns, and all covenants and
agreements herein contained to be observed and performed by the Tenant will be joint and several.
36. Arbitration.
The parties to this Lease will submit all controversies, claims and matters of difference
related to this Lease to arbitration in the metropolitan area closest to the location of the Leased Ground,
according to the rules and practices of The American Arbitration Association from time to time in force.
This submission and agreement to arbitrate will be specifically enforceable. Without limiting the generality
of the foregoing, the following will be considered cantroversies for this purpose: (a) all questions relating to
the construction of this Lease, or the breach of any obligation, warranty or condition hereunder, (b) all
questions relating to any representations, negotiations, and other proceedings leading to the execution of this
Lease, (c) failure of any party to deny or reject a claim or demand of any other party to this Lease, (d) all
questions relating to the matters governed by tlus Lease and (e) all quesrions as to whether the right to
arbitrate any questions exists. Arbitration may proceed in the absence of any party if notice of the
proceedings has been given to such pariy in accordance with the rules of the American Arbitration
Association. The parties agree to abide by all awards rendered in such proceedings. Such awards will be
conclusive and binding on all parties. All awards may be filed with the clerk of one or more court, state or
federal, having jurisdiction over the par[y against whom such an award is rendered or its property, as a basis
of judgment and of the issuance of execution for its collection. No party will be considered in default
hereunder dwing the pendency of arbitration proceedings relating to such default.
37. Interretation.
Unless the context otherwise requires, the word "Landlord" wherever it is used herein will
be construed to include and will mean the Landlord, its successors and/or assigns, and the word "Tenant"
will be construed to include and will mean the Tenant, and the executors, administrators, successors and/or
assigns of the Tenant and when there are two or more tenants, or two or more persons bound by the TenanYs
covenants herein contained, their obligations hereunder will be joint and several; the word "Tenant" and the
personal pronouns "his" or "it" relating thereto and used therewith will be read and construed as tenants, and
"his", "her", "its" or "their", respectively, as the number and gender of the party or parties referred to each
require and the number of the verb agreeing therewith, wfll be construed and agree with the said word or
pronoun so substituted. Time will be of the essence in all respects hereunder.
38. Severabilitv.
Should any provision or provisions of this Lease be illegal or not enforceable it or they will
be considered separate and severable from this Lease and its remaining provisions will remain in force and
be binding upon the parties hereto as though the said provision or provisions had never been included.
{00282730.DOC;4}
22
39. Captions.
The captions appearing within the body of this Lease have been inserted as a matter of
convenience and for reference only and in no way define, ]imit or enlarge the scope or meaning of this
Lease or of any provision hereof.
40. Late Fee.
If Tenant is delinquent in the payment of any rent due under tlus Lease by more than ten
(10) days, and such delinquency occurs more than twice in any twelve (12) month period, Landlord will
have the right to charge a five percent (5%) late fee for any delinquent payments thereafter.
IN WITNESS VJHEREOF, the parties hereto have executed these Lease provisions as of the Lease
Date on the Lease Facin Pa e attached hereto.
LANDLORD: Landwest LLC, a Delaware limited IiabiliTy company
By:
Printed Name:
Title:
TENANT:
STATE OF
COUNTY OF
By:_
Printed
ACKNOWLEDGMENTS:
) ss.
The foregoing instrument was acknowledged before me tlus day of
, 2001, by , as Manager of Landwest LLC, a
Delaware limited liabiliTy company.
Witness my hand and official seal.
My Commission expires:
Notary Public
{00282730.DOC;4}
Condo Storage Concepts LLC, a Wyoming limited IiabiliTy
company
23
STATE OF
) ss.
COUNTY OF )
The foregoing instrument was
, 2001, by
managers of Condo Storage Concepts LLC, a
Witness my hand and official seal.
My Comtnission expires:
{00282730.DOC;9}
acknowledged before me this
and
Wyoming limited liability company.
day of
as
Notary Public
24
EXHIBIT A
REAL PROPERTY DESCRIPTION
Lot 16, 44 Industrial Park Subdivision, Jefferson County, Colorado
a/k/a, 13601 West 43rd Drive, Wheat Ridge, Colorado
{00282730.DOC;9}
25
qARDEX
January 24, 2001
Attn. Dazin Morgan
City of Wheat Ridge
7500 W. 79" Av.
Wheat Ridge, CO 80215
Re: RV Storage Condos, F36fBf W."49*Av"
Deat Mt. Morgan,
Please find attached the following:
• Application for contractors license
• Check in the amount $125.00
• Two State of Colorado supervisor certificates
• Two letters of reference.
• Application for building permit
• One set engineered drawings (a second set was previously delivered)
• Two site plans depicting location of construction shed.
HAND DELIVERED
Please note:
• The engineered drawings provide an alternative tie down method to secure the building to terra firma, without a
concrete foundation or concrete floor. The tie downs are designed to resist wind loads generated by 100 MPH exposure
"C" winds.
• The building is designed to resist live roof loads of 40 PSF.
• The building has no further use as a model and will be used exclusively as a construction shed/field office frqm this
time forward.
Confirming our discussion ofthis date, we are proceeding to takedown the building. We have engaged the services of a
qualified erection specialist to carefully dismantle the structure in such a manner that it will continue to resist high winds after
those diaphragms providing lateral support are wrrupted by partial disassembly. The work is scheduled to begin on February 5,
2001 and be completed within one week thereafter.
We are hopefiil that you will contact us, prior to removal, with at least 30-day approval of the structure pending a longer
temporary approval as a wnstruction shed or as may be granted by special permit through the board of adjushnents.
In any eyent> construction documents aze being drawn through the neact 6 weeks for submission of a permanent facility. We will
be discussing concep"J matters with the City through this design process.
Sorry about the misunderstanding. Thank you for your attention and your assistance.
Sincerely,.
Aarde rpora 'on
Richazd E. Butler, President
; JAN252001
i
Aardex Corpomfion
12340 West Alameda Parkway, Suite 220, Lakewood, CO 80228-2841
tel 303.987.9000 fax 303.987.8610 e-mail aardex@aardex.com
(OAARDEX
March 28, 2000
Building Department
City of Wheat Ridge
t°
~av 2 ~ 200~ ~
RE: Maxi-Storage Project - Plan Review Comments
Uniform Building Code Review 3-23-00
We offer the following as response (and attachments) to the plan review comments. I believe these
revisions comply with the requirements of yow review.
1. Provide one "ban accessible" handicap pazking stall 16' in width incL Access aisle. - See
attached revision, van accessible parking stall was added meeting requirements.
2. Provide a letter from excel energy stating they will install three sepazate gas meters. - Excel
energy has completed their engineering for this project both tor gas and electric service.
See attached letter for confirmation. Contact Mike Easler at (303) 425-3955 For any
addiNonal information from Excel Energy.
3. Show Sre line location & backflow device. - See attached revision s6owing fire linw See
revision from mechanical engineer specifying the bacidlow device.
4. Have drainage plan reflect retaining walls. - Note contour lines on drawing/mark
elevations on plan & cloud.
5. Specify UL rating of wall - Add note to cover page Fire Resistive Requirements: "One
hour walls ITL U425."
6. Speci£y how ventilation requirements for S-3 occupancies are being provided in each unit. -
See attached clariTication from the Mechan+cal Engiueer.
7. Specify how floors aze being surfaced oc waterproofed. - Revise FO finish on finish
schedule, "FO = Hydrozo Enviroseal applied at 125sf/gal or equivalent floor sealer."
~ S. Submit speciScations on unit heaYers & ventilation system. - See attached specification on
unit heaters & response from the Mec6anical Eugineer of Record.
~i 9. Remove note reference NM cable plastic boxes. - See attached response from the
Electrical Engineer of Record.
10. Show horn/strobe locations in units & outside of building. See attached response from the ~
Electrical Engineer of Record. lr ~
~ 11. Submit a soils report. ~ee attached soils report prepared by the Castle Rack Desigu p~,T
~~Group.
12. Building Pemilt Fee. - Revised per comment. o
Should you have any addiuonal quesrions or wmments please contact me at (303) 987-9000.
Tiiauk you,
Shane Fowler
Cc: Steve Gazrison
City Conespondence
Aardex Coryoretlon
72340 WestAlameda Parkway, Suite 220, Lakewood, CO 80228-2641
tel 303.987.9000 fax 303.987.8610 e-mail aardex@aardex.com
CfiTY OF WI-HAT ~GE 7BZTILDIlVG DIVISION
Code Correction List
March 23, 2001
Owner: Condo Storage Concepts LLC
Builder: Aardex Corporation
Address: 13601 W 43Id Drive
Descripfion: New sforage warehouse facility
1. Provide one "van-accessible" handicap-parking stall 16 feet in width including access aisle.
2. Provide a letter from excel energy stating they will install three separate gas meters for one
address on three separate buildings.
3. Show fire line locations on site plan and specify the type of backflow device proposed.
4. Have the drainage plan reflect the retaining walis located at verticaf offsets shown on sheet
A2.0.
5. Specify what approved wall assembly is being proposed for one-hour exterior walis and
submit a copy with re-submittal.
6. Specify how ventilation requirements for S-3 occupancies are being provided in each unit
per UBC 1202.2.
7. Specify how fioors in units are being surfaced or waterproofed with asphaltic paving material
if a sand and oil interceptor is not being installed. UBC 311.2.3.1(exception)
8. Submit specifications and information on proposed unit heaters and ventilation system.
9. Remove note reference "NM" cable and plastic boxes from plans. All electrical is to be
installed in conduit with metal boxes.
10. Show horn/strobe locations in each unit and at the exterior of each building.
11. Submit a soils report for the site.
12. The building valuation is calculated based on price per square foot or $22.88/ sq ft. This
includes Building, Plumbing, Mechanical, Electrical and Fire Sprinkler work, 36,600 sq ft x
$22.88 = $838,094.00
Please make these additions or corrections to the submittal and resubmit for review,
you have any questions or comments please feel free to contact me at 235-2853.
Sincerely,
~
Darin gan
Codes dministrator
ADD HC VAN SPACE & SHOW FIRE LINE
SCALE: 1°=20'
AARDEX
CORPORATION
12340 W. Alameda Pkwy, Suite 220
lokewood, CO 80228
ieL (303) 987-9000
Fox (303) 987-8610
MAXI-STORAGE
PROJECT
WHEAT RIDGE, CO
uBC coMMENrs
RE: CITY COMMENT
ADD HC VAN SPACE sHEET No.
AND FIRE LINE
CITYmI
BO
bzLI 1
A1.0
- R3
a_
d .
♦
•d . .
3
0-
IRE LINE W/ BF~P
(SEE UTIL & MECH PL N
ADD HC VAN SPACE & SHOW FIRE LINE
SCALE: 1"=20' RE: CITY COMMENT
,"R D E X MAXI-STORAGE ADD HC VAN SPACE sHEET No.
CORPORATION PROJECT AND FiRE LiNE
12340 w. niameaa ckwy, suice zzo WHEAT RIDGE, Co CITYml
Lakewood, CO 80228
Tel. (303) 987-9000
Fa. (303) e87-8610 UBC COMMENTS
i, Xcel EnergysM
PUBLIC SERVICE COMPANY
Mazch 6, 2001
AARDEX Corp.
12340 W. Alameda Pkwy #220
Lakewood, CO 80228
RE: Creg # 5286 for 13601 W. 43=a Dr.
Dear Shane Fowler:
North Metro Region Headquarters
5460 West 60th Avenue
Arvada, Colorado 80003
diEZiGIY GD
riaN o y zool
e~X-RDEX CORP.
I have completed the engineering design far providing gas and electric service to the
above referenced (address, project, subdivision). The cost for the installation of these
facilities is as follows:
Electric Distribution $13,404.00
Gas Main Distribution $
Street Lighting $
Total Installation Cost $13,404.00
The above cost does not include the gas lateral charges. The lateral charges will be billed
to you after the gas laterals are installed, these costs will be based on actual footages.
For your review, I have enclosed applicable copies of the engineering design, cost
esrimates and service agreements regarding service extension, job condition, and frost
agreement. Please sign, and return all agreements along with your payment to the
above address so we can schedule your job for installation in a timely maiuler
Thank you for your request for gas and electric service. If you have any addifional
questions, please feel free to contact me at (303) 425-3955. Please note that this quote is
good for 120 days, unless we have no price increases.
Sincerely,C~`~
` Mik`er
Planner
Engineering New Services
North Metro
~ COLORAOO
9861 WEST 86TH f
Mechanical Comments
CONSULTIHIG ENGINEERS. L'fD.
LACE, ARVADA, COLDRADO 80005 (303) 427-3641
FAX f3031 456-9794
Comment #2: We checked with Excel Energy prior to designing the project & they
confirmed three separate gas meters are acceptable. Mike Easler at Excel has already
completed the engineering on the project.
Comment #3: Fire lines are shown on the plan (see revised site pian), and the sprinkler
drawings will be submitted for City/Fire Dept. review by the sprinkler contractor. The
sprinkler system is desigilbuild, so we wil] specify a BFP, but the sprinkler contractor's
design engineer will specify the exact make & model.
Comment #6: UBC 1202.2.1 specifies... "natural ventilation by means of openable
exterior openings with an azea not less than 1/20 of the total floor area shall be
provided..." The lazgest unit is 1,000 square feet & has an openable door that is 14'x14'
(or 196s fl. Code requires 1/20 the azea (or SOsf). The toilet room has an exhaust fan
sized to exceed the criteria for ventilation.
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Caution
Enviroseal@ 20 contains alkoxysilane
RiSkS
May cause skin, eye or respiratory irritation. Ingestion may
cause irritadon.
Precautlons
KEEP OUT OF THE REACH OF CHILDREN. Avoid contact wfth
skin, eyes, and clothing. Wash thoroughly after handling.
Keep container closed when not in use. DO NOT take inter•
nally. Use only with adequate ventilatlon. Use impervious
gloves, eye protection and if the TLV is exceeded or used
in a poorly verrtilated area, use NIOSH/MSHA approved res-
piratory protection in accordance with applirable federal,
state and local regulations.
Ptrst Aid
In case of eye contact, flush thoroughly with water for at
least 15 minutes. In case oF skin wnt2ct, wash affected
areas with soap and water. If irritation persists, SEEK
MEDICAL ATfENTION. Remove and wash contaminated
clothing. If inhalation causes physical discomfort, remove
to fresh air. If discomfort persists or any breathing diffi-
culty occurs or if swallowed, SEEK IMMEDIATE MEDICAL
ATfENT10N.
For more information see Material Safety Data Sheet
(MSDS) for this product.
customer Service: 1/800i433-9517
TCChniC21$ervlCe5:1/800/ChOmReX (918W/243-6739)
Web Sfte: www.chemrez.mm
umtted warraety xottce
Every reasonabie efFOrt k made to appN ChemRez Inc. enacting standarck
5ignature oFtheChemRexlnc.TechnicalManager. Propositton 65
both in the manuFac[ure oF our protluds and in the inFormalion which
we issue concerning these products and their use. We warrant our
producls to be oF good quality and will replace or, at our elecbon, refund
the purchase price of any producCS proved defective. SatlsFactory results
depend not oNy upon quality products, but also upon many facbors
6eyontl our mntrol. ThereFore, except for such replacement or reFUnd,
CHEMREX INC. MAKES NO WARRANTY OR GUARANTEE, EXPRE55 OR
IMPLJED. INCLUPING WARRAMIES OF FITNESS FOR A PARiICLILAR PURPOSE
OR MERCHANTABILITY, RESPECTING ITS PRODUCIS, and CHEMREX INC. shali
have no other liability with respect thereto. Any daim regarding product
defect must be rece'ved in wridng within one cv year from the date of
shipment. No claim WIII be con5ldefed Without SuCh Wfitten nodce of
aFter Fhe specifled tlme irrterual. User shall determine the suitability of the
products for the Intended use antl assume all risks and liability in
connection therewith. Any authorized change in theprinted
recommendations concerning the use of our products must bear the
This product contains material listed by the state of Cali-
fnrnia to cause cancer, birth defecLs or other reproduc-
tive harm.
VOCCOntent
399 g/L or 3.33 Ib./gal. less water and exempt solvents.
For meqical emergencies onfy, cali ChemTrec
(118001424-9300).
011111111111VAIllix bv..
889 Valley Park Drive; Shakopee, MN 55379
M2nufaetuMngPlarKS:Alleritovm. PA:6loomingtan. MN: Bristol. PA:
Gguas. PR: Cefrterville. IN; DenVef. CA: FOrest Hill. T7C Fof[ Wayne. IN;
Gurnee. IL: Houston, TX: lanca5ter. TX; Macletta. GA; Mattawan. MI; Newazk. CA:
Rancho Cuwmonga, CA; Reynoltls. GA: SPattle, WA; Streetsbwo. OH;
7ipp CRg OH; Tororrto (Gnatla); Montreal lCanadal; Edmorrton (Canatla)
Regbnal Warehouses: AU2nta, GA: Aurora. oH; &ton. Ontario ICanatlal;
Chira9o, iL; Dallas, TX: Fairfield. W: Haywartl. G; OMara. CA
Fortn No. HY-902 • F0r proFe55fOnBl u5E Onty. 'ISM 1/Q1
0 2001 ChemReX@ Not for sale t0 or use by the generel publfc. Replaces 1/00
~ prlrrtetlonrecycletlptperintlWlrylO%postmnsumerFber
How to Apply Enviroseal@ 20
Surface PreparafaOn
9 Verify substrate has properly cured. Concrete should
obtain 800/. oF design sh'ength, typically achieved within
14 to 28 days.
p All surtaces shall be cleaned oF all sand, surface dust
and dirt, oil, grease, chemical films and coatings and
other contaminants prior to application. A complete
waterblast, sandblast or shotblast maY be needed to
achieve the desired surface condition.
p Air, material and surface temperatures should be 40°F
(4°C) or higher during application. Do not apply sealer
when temperatures are expected to fall below 40°F (4°C)
within 12 hours.
IM SurFaces to be treated can be slightly damp; however,
a dry surtace is suggested for maximum penetratlon of
seater. Enviroseal@ 20 should not be applied if standing
water is visible on the surface to be treated.
B Crack control, caulking, patching and expansion joint
sealants can be installed prior to or following application
of the sealer. Allow a minimum of 6-12 hours curing
time for caulking and sealant materials (or until they
have skinned oven.
Applicatlon
Test small area of surface (generally a 5' x 5' 11.5 m x 9.5
mi sectfon) beFore starting general application of any
clear, penetreting sealers to ensure desired results and
coverage rates. Allow 5- 7 daYS for the product to fuNy
react before evaluating. Refer to Tech Note: Test Area
Application.
B Stir material thoroughly prior to application.
0 On vertical surfaces, apply from the bottom up.
Flood surfaces using enough materiai to get a 8' to 12'
(20 - 30 cm) material rundown. For horizontal surFaces,
apply to saturation. If necessary, follow by brooming for
even distribution. Low-pressure, non-atomizing spray is
recommended.
Dry Tfine
iypical drying time for EnvirosealO 20 is 4 hours at 70°F
(21°C) and 50% relative humidity. Cooler temperatures or
higher relative humidity can extend the drying time.
Clean Up
Clean equipment and tools with hot soapY Water. Over-
spray can be cleaned immediately with hot soapy water.
Dried residue can be cleaned with a mild citric acid or very
hot water, then scrubbed with a plastic sponge.
For Best Performance
■ Keep material from freezing.
■ Do not dilute EnvirosealO 20.
s EnvirosealO 20 may leave a temporary slippery surface
for up to several hours aPter application. ThereFore,
traffic-bearing surtaces should not be reopened untii
the treated surtace is dry.
s Variationsinthetextureandporosityofthesubstrate
will affectthe coverage, appearance and pertormwceof
the product.
s Do not apply during inclement weather or when
inclement weather is anticipated within 12 hours.
B EnvirosealO 20 will not inhibit water penetrztion
through unsound or cracked surFaces, or surfaces
with defective flashing, caulking, or sWCtural water-
proofing.
a To prevent damage to nearby shrubbery and landscap-
ing, cover or protect with drop doth.
B Line striping can be done following application of the
sealer.
■ Make certain the most current version oF this data
guide is being used; call Customer Service (1-800-
433-9517) to verify the most current version .
■ Proper application is the responsibilrty of the user.
Field visits by ChemRex Inc. personnel are for the pur-
pose oF inaking technical recommendatlons only, and
are not to supervise or provide quality control on the
job site.
Technical Data
Order Information
Pack2ging
Envirosealm 20
s 5 gatlon l99 U container
B 54 gallon (205 U container
Sheff Life
O Shelf life is one Year if stored in original, unopened
containers under normal conditions.
Coverage
Concrete
■ 100 -175 square feet per gallon (2.4 - 4.3 mzN
Brick
O 100 -175 square feet per gallon (2.4 - 4.3 mz/U
StuCCo
■ 60 -100 square feet per gallon (1.5 - 2.4 mz/L)
Hydrozo always recommends applying a test area to
determine actual coverage rates. Coverage rates will vary
greatly with the porosity of the substrate. On extremely
porous substrates, two coats may be necessary; applica-
tion of second coat should take place as soon as iniUat
surface drying of first coat has become visible.
Test resuits are averages obtained under laboratory conditions. Reasonable variations can be eupected.
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50-5/8" 3'-4 3/4" 50-5/8'
51-1 5'-2 314" I. ALL "L" BRACKETS ARE TO BE ATTACHED w/ 4- HIXNFI+D SGREWS
2. AL4, FL.1'i' 5RACKEY5 ON E%TERIOR FAGE ARE ?O BE ATTACHED
4 - PANNEAD SCREWS
I, 3. ALL FLAT BRAGKEiS ON INTEROR ARE TO BE ATTACHED w/
I6 ` 4 - HIXi1FAD SGREWS.
4. ALL 1-1/2° SC,IUARE TUBING IS TO BE ATTACHED TO BRAGKETS w/
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5. ALL SINGLE AND DOUBLE BRACKETS ARE TO BE FP.STENED TO t1PIN
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4 - HDCHEAD SCREWS.
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IJIXIJEAD SCREWS.
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6. 'rII-IEN USING OPTICNAL HEiGF+T EXTENSIONS; HEIGHT EXTENSIONS ARE
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ANCIJORS OR 511'il
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36° DEEP
1/2`4) ST°_cL RE5AR - 50" LONG,
HE:+D, WELDED TO REBAR -
PLAC_D ADJACEtJT TO EACH PIN
CaINECTO.Z OR PcR MANUFACTURER
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VC :.JNG. C4!550N,
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RESAR/CA i SSON ANGH0R
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AN: L10R
BY INSTALLiNG GON'
PLAC~n~ENT~15 N'ER DED
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PELI-COIL ANGPOR
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VERSATUk3C MAC2KL-'TING GItOUP, INC.
13027 W.C.R. 18
F7'. LUt''fON, CO. 80621
303-857-$039 OFFICE
303-857-0481 FAX
DESiGN CL2ATERIA
WINf) LOAD IZLiQIJIItIiU _lUOMPIi
3-:XPOSI!IZ[.i 1LtiQt!Ittl[ll
SNOWLl)i\lJ KI:QUIRIiD `40 Live Load
roti 1-1 ii: s'rn'r•L oF coLotznDo
20023
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