HomeMy WebLinkAboutTUP-06-01Page 1 of 1
Meredith Reckert
From:
Meredith Reckert
Sent:
Tuesday, August 01; 2006 1:10 PM
To:
'dblanch@medved.com'
Subject:
RE: Trailer landscaping
Hi, Diana-
Before issuance of a permit for the trailer, we will require funds to be escrowed with an escrow agreement for the
removed landscaping. Please provide a cost estimate for reconstruction of the removed island with replaced
plant materials. The escrowed amount will be %125 of the cost of the replacement price.
Regarding the new Hummer building, I have looked at the plans and am okay and will sign off. Kristy will call you
when the permit is ready to be issued.
Meredith
From: Diana Blanch [mailto:dblanch@medved.com]
Sent: Monday, July 31, 2006 11:05 AM
To: Meredith Reckert
Subject: Trailer landscaping
Meredith - Hope you had a great vacation!!! But, I am a little confused. Unfortunately I missed the Board of
Adjustment meeting, I thought we would be last and we were first. Anyway, following are our intentions regarding
landscaping:
1. We have moved 6 shrubs from the island (approximately 20'X 3") that is being taken out to
accommodate the trailer. These shrubs have all been replanted on the property.
2. Since the trailer is in a temporary location we will put shrubs in planters around the trailer and, of
course, we will also plant flowers in pots around the trailer during the spring and summer season.
3. When the trailer is moved to a permanent location, the island will be reinstalled in its pre-existing
condition.
Let me know if the above plans will work for the trailer. I brought over the landscaping plans for the Hummer
building. Please, please let me know when we may be able to get these permits. Thanks, Diana
8/1/2006
Page 1 of 1
Meredith Reckert
From:
Diana Blanch [dblanch@medved.com]
Sent:
Monday, July 31, 2006 11:05 AM
To:
Meredith Reckert
Subject: Trailer landscaping
Follow Up Flag: Follow up
Flag Status: Red
Meredith - Hope you had a great vacationlll But, I am a little confused. Unfortunately I missed the Board of
Adjustment meeting, I thought we would be last and we were first. Anyway, following are our intentions regarding
landscaping:
1. We have moved 6 shrubs from the island (approximately 20'X 3") that is being taken out to
accommodate the trailer. These shrubs have all been replanted on the property.
2. Since the trailer is in a temporary location we will put shrubs in planters around the trailer and, of
course, we will also plant flowers in pots around the trailer during the spring and summer season.
3. When the trailer is moved to a permanent location, the island will be reinstalled in its pre-existing
condition.
Let me know if the above plans will work for the trailer. I brought over the landscaping plans for the Hummer
building. Please, please let me know when we may be able to get these permits. Thanks, Diana
7/31/2006
7500 West 29th Avenue
The City of
Wheat Ridge, Colorado 80033 Wheat
Telephone 303/235-2846 Ridge
FAX 303/235-2857
June 13, 2006
Dennis Polk
Holley Albertson & Polk
1667 Cole Blvd., Bldg. 19
Golden, CO 80401
Dear Mr. Polk:
RE: Case No. TUP-06-01
Please be advised that at its meeting on May 25, 2006, the Board of Adjustment APPROVED your
request for a one-year Temporary Structure Permit to allow an office trailer on property zoned
Commercial One and located at 11001 West I-70 Frontage Road North For the following reasons:
1. There should be no impact on the amount of light and air in the neighborhood.
2. There should be no resultant air, water or noise pollution in excess of what is already
occumng.
3. There will be no impact on utilities, parks or schools.
4. There will be no anticipated increase in automobile traffic in the area.
With the following conditions:
1. Written permission shall be obtained from Xcel Energy to allow encroachment into their
easement prior to issuance of a building permit for the structure.
2. The temporary building shall be allowed for one year starting from the date of occupancy of
the structure in the new location.
3. Current landscaping displaced by these improvements shall be accommodated elsewhere on
the site in a location that is visible by the general public and as approved by staff.
4. No additional parking shall be allowed on Parfet Street and, as per testimony from staff, this
shall be enforced on a complaint basis.
Enclosed is a copy of the Certificate of Resolution, as well as a draft copy of the minutes, stating the
Board's decision which became effective the date of the meeting.
Dennis Polk
Page 2
June 13, 2006
Please feel free to contact me at (303) 235-2846 if you have any questions.
Sincerely,
Kathy Field v
Administrative Assistant
Enclosures: Certificate of Resolution
Draft of Minutes
cc: John Medved
Medved Autoplex
11001 W. I-70 F.R.N.
Wheat Ridge, CO 80033
TUP-06-01 (case file)
C\Docmnents and Settinp\kathyf\My Documents\Kathy\BOA\CORRESP\2006\NpO601appmval.wpd
Copy
CERTIFICATE OF RESOLUTION
I, Ann Lazzeri, Secretary to the City of Wheat Ridge Board of Adjustment, do hereby certify that
the following Resolution was duly adopted in the City of Wheat Ridge, County of Jefferson,
State of Colorado, on the 25th day of May. 2006.
CASE NO: TUP-06-01
APPLICANT'S NAME: Medved Autoplex
LOCATION: 11001 West I-70 Frontage Road North
WHEREAS, the applicant was denied permission by an administrative officer; and
WHEREAS, Board of Adjustment Application Case No. TUP-06-01 is an appeal to this Board
from the decision of an administrative officer; and
WHEREAS, the property has been posted the ten days required by law, and in recognition that
there WERE NO protests registered against it; and
WHEREAS, the relief applied for MAY be granted without detriment to the public welfare and
without substantially impairing the intent and purpose of the regulations governing the City of
Wheat Ridge.
NOW, THEREFORE, BE IT RESOLVED that Board of Adjustment Application Case No.
TUP-06-01 be, and hereby is, APPROVED.
TYPE OF TEMPORARY USE PERMIT: A temporary use permit to allow an office trailer
on property zoned Commercial One.
FOR THE FOLLOWING REASONS:
There should be no impact on the amount of light and air in the neighborhood.
2. There should be no resultant air, water or noise. pollution in excess of what is already
occurring.
3. There will be no impact on utilities, parks or schools.
4. There will be no anticipated increase in automobile traffic in the area.
Board of Adjustment
Resolution TUP-06-01
Page two (2)
WITH THE FOLLOWING CONDITIONS:
Written permission shall be obtained from Xcel Energy to allow encroachment into their
easement prior to issuance of a building permit for the structure.
2. The temporary building shall be allowed for one year starting from the date of occupancy
of the structure in the new location.
Current landscaping displaced by these improvements shall be accommodated elsewhere
on the site in a location that is visible by the general public and as approved by staff.
4. No additional parking shall be allowed on Parfet Street and, as per testimony from staff,
this shall be enforced on a complaint basis.
VOTE: YES: ABBOTT, BELL, BLAIR, HOVLAND,
HOWARD, LINKER, REINHART
NO: None
ABSENT: DRDA
DISPOSITION: A request for a one-year temporary building permit was APPROVED.
ADOPTED and made effective this 25th day of May, 2006,
J et ell, Cha
B d of Adjustment
Ann Lazaeri, Secretary
Board of Adjustment
CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT
Minutes of Meeting
May 25, 2006
1. CALL THE MEETING TO ORDER 1\ F
The meeting was called to order by Chair BELL at 7:00 p.m.
2. ROLL CALL
Members Present: Tom Abbott
Janet Bell
Bob Blair
Paul Hovland
Bob Howard
Larry Linker
Davis Reinhart
Members Absent: Paul Drda
Staff Present: Travis Crane, Planner
Jeff Hirt, Planning Tech
Tim Paranto, Public Works. Director
Ann Lazzeri, Recording Secretary
The following is the official set of Board of Adjustment minutes for the public hearing of
May 25, 2006. A set of these minutes is retained both in the office of the City Clerk and
in the Community Development Department of the City of Wheat Ridge.
3. PUBLIC FORUM
There were no individuals present who wished to address the Board at this time.
4. PUBLIC HEARING
Board Member REINHART moved and Board Member BLAIR seconded to
revise the order of the agenda to hear Case No. TUP-06-01 as the first item.
The motion passed unanimously.
j~ A. Case No. TUP-06-01: An application filed by Medved Autoplex for
f approval of a one-year Temporary Structure Permit to allow an office
`F trailer on property zoned Commercial One and located at 11001 West I-70
Frontage Road North
The case was presented by Travis Crane. He entered all pertinent documents into
the record and advised the Board there was jurisdiction to hear the case. He
Board of Adjustment 1 -
05-25-06
reviewed the staff report and digital presentation. Staff recommended approval
for reasons, and with conditions, as outlined in the staff report.
Those individuals wishing to address this case were sworn in by Chair BELL.
r% M - It L~
Scott Albertson
1667 Cole Blvd, #100, Golden
Mr. Albertson, attorney for the applicant, was sworn in by Chair BELL. In
response to questions from the Board, he confirmed that there would be no loss of
net parking spaces as a result of the temporary use permit. Hummer Corporation
is requiring Medved to construct a new building for the Hummer dealership. The
new building would be constructed in the location of the present temporary
building. It was not necessary to obtain a temporary use permit for the existing
temporary building because the area was zoned for such a building. He stated that
the temporary building would not exacerbate parking issues along Parfet Street.
He commented that parking along Parfet has decreased due to additional on-site
parking as well as a decrease in the amount of inventory and number of
employees. He stated that the applicant is in agreement with conditions suggested
in the staff report.
In response to a question from Board Member REINHART, Mr. Albertson stated
that a one-year temporary permit would be sufficient time for construction of the
new building.
In response to question from Board Member ABBOTT, Travis Crane stated that
he did not believe the temporary use would exacerbate parking on Parfet Street.
Enforcement of parking issues on Parfet Street would be handled on a complaint
basis.
Upon a motion by Board Member ABBOTT and second by Board Member
HOVLAND, the following resolution was stated:
Whereas, the applicant was denied permission by an administrative officer;
and
Whereas, Board of Adjustment Application Case No. TUP-06-01 is an appeal
to this Board from the decision of an administrative officer; and
Whereas the property has been posted the ten days required by law, and in
recognition that there were no protests, registered against it; and
Whereas, the relief applied for may be granted without detriment to the
public welfare and without substantially impairing the intent and purpose of
the regulations governing the City of Wheat Ridge.
Board of Adjustment - 2 -
05-25-06
Now; therefore, be it resolved that Board of Adjustment Case No. TUP-06-01
be, and hereby is approved.
T
For the following reasons: Air
T-
1. There should be no impact on the amount of light and air in the
neighborhood.
2. There should be no resultant air, water or noise pollution in excess of
what is already occurring.
3. There will be no impact on utilities, parks or schools.
4. There will be no anticipated increase in automobile traffic in the area.
With the following conditions:
1. Written permission shall be obtained from Xcel Energy to allow
encroachment into their easement prior to issuance of a building
permit for the structure.
2. The temporary building shall be allowed for one year starting from
the date of occupancy of the structure in the new location.
3. Current landscaping displaced by these improvements shall be
accommodated elsewhere on the site in a location that is visible by the
general public and as approved by staff.
4. No additional parking shall be allowed on Parfet Street and, as per
testimony from staff, this shall be enforced on a complaint basis.
The motion passed 7-0.
B. Case No. WF-06-02 (continued from April 27, 2006): An application
filed by Patrick and Laura Koentges for approval of a Class R Floodplain
Exception Permit to allow construction of a single family home on
property zoned Residential One and located at approximately 3430 Simms
Street.
Board Member ABBOTT disclosed that he is an acquaintance of the applicant and
that he has no financial interest in this case.
The case was presented by Jeff Hirt. He entered all pertinent documents into the
record and advised the Board there was jurisdiction to hear the case. He also
entered a memorandum from the city's floodplain administrator dated May 24,
2006 into the record. Staff originally recommended denial of the application for
reasons outlined in the staff report. However, staff agrees with the floodplain
administrator's recommendation contained in the May 24th memo (received after
the staff report was prepared) that the application should be approved with one
condition.
Board of Adjustment - 3 -
05-25-06
FUWAOM
11001 W. 170 Frontage Road NoM
A request for a one-year temporary building permit
The Board of Adjustment is empowered to decide on one-
year temporary building permits
One request per property in a 12 month period
No renewals allowed
Review Temporary Permit criteria
Temporary building is currently located on the property
Approximately 2,000 square feet
• Applicant wishes to relocate the building to allow for
additional construction
Temporary building will be used as a sales office
3
Building will cause removal of landscaping
Building will be located within an Xcel Energy easement
• Must receive written permission
Parking issues
• Parking spill-overto Parfet?
• Will not lose parking spaces-just relocate
• New parking will be installed at previous location
of temporary building
Staff recommends approval with the following conditions:
Written permission from Xcel regarding easement
One-year permit from date of C.O.
Displaced landscaping shall be relocated
No parking on Parfet Street
4
CITY OF WHEAT RIDGE
PLANNING DIVISION STAFF REPORT
TO: Board of Adjustment
DATE OF MEETING: May 25, 2006 CASE MANAGER: Meredith Reckert
CASE NO. & NAME: Case No. TUP-06-0 1 /Polk for Medved Autoplex
ACTION REQUESTED: Approval of a one-year temporary building
LOCATION OF REQUEST:
NAME & ADDRESS OF APPLICANT (S)
11001 W. I-70 Frontage Road North
Dennis Polk for John Medved
APPROXIMATE AREA:
PRESENT ZONING:
PRESENT LAND USE:
8.86 acres
Commercial-One (C-1)
Vehicle sales
ENTER INTO RECORD:
Q COMPREHENSIVE PLAN (X) CASE FILE & PACKET MATERIALS
(X) ZONING ORDINANCE (X) DIGITAL PRESENTATION
O SUBDIVISION REGULATIONS
Board of Adjustment 1
Case No. TUP-06-O 1/Polk for Medved
JURISDICTION:
The property is within the City of Wheat Ridge, and all notification and posting requirements have been
met, therefore, there is jurisdiction to hear this case.
I. REQUEST
The property in question is located at 11001 W. I-70 Frontage Road North and is currently used
as vehicle sales lot. The property has Commercial-One (C-1) zoning.
The applicant/owner requests approval of a one-year temporary building permit to allow a pre-fabricated
office building on the property. The purpose of the request is to allow for the use of the structure as a
used vehicle sales office. (Exhibita, Letter of Request);
Pursuant to Section 26-115.13.3 the Board is empowered to approve a one year temporary permit for
buildings and signs. Only one permit can be granted per property and no renewals are allowed for the
same building or sign.
II. PROPERTY HISTORY
The following is a brief history of the Medved Autoplex history which includes properties
located at 11001 W. 1-70 Frontage Road North (Chevrolet, Hummer, Cadillac, GM), 11201 W.
1-70 Frontage Road North (Chrysler, Jeep and previously-owned vehicles) and vacant property
on the east side of Parfet Street.
The property encompassing the land on both sides of Parfet Street was rezoned from Agriculture-
One to Commercial-One pursuant to Case No. WZ-86-10. The rezoning encompassed all three
parcels and included a condition that prior to any development, a site plan approval process be
completed in front of Planning Commission and City Council. A two-lot subdivision was
approved which divided the property on the west side of Parfet into two parcels (Case No. MS-
86-3). A site plan was approved for the Chevrolet dealership (11001 W. I-70 Frontage Road
North) with a special use permit to allow major automotive repair (Case No. SUP-86-10). In
1994, the owner applied for a planned building group plan to establish an interim used car sales
operation on the westerly parcel (11201 W. I-70 Frontage Road). The interim site plan allowed
for a 25' x 55' modular building to serve as a sales office. The northern half of the site was
proposed as a test track for Hummer testing.
In 1998, the applicant applied for an amendment to the recorded planned building group for
11201 W. I-70 Frontage Road to allow construction of two buildings containing a total of 98,000
square feet of building area. An additional building with 9000 square feet of area was proposed
on the north end of the property. This building was intended to serve as a child care facility for
employees. A 10' right-of-way vacation also occurred for West 50`h Avenue which was
dedicated back to the property owner. The western-most structure was built, however, the other
two approved structures have not. The modular building was shown as remaining until the
second dealership building was constructed (Exhrbit_2 Planned ButJdmgGroupPlauu~
Board of Adjustment
Case No. TUP-06-Ol/Polk for Medved
In 1999, the dealership was cited for having illegal vehicle storage on the vacant property on the
east side of Parfet. In response to the citation, an application was submitted for approval of a
temporary use permit to allow temporary vehicle storage. The request was denied by the Board
of Adjustment on December 9, 1999.
The applicant filed suit with the Jefferson County District Court against the City of Wheat Ridge
and the Board of Adjustment. The court upheld the decision of the Board of Adjustment.
On July 25, 2005, the Wheat Ridge City Council approved a zone change to PCD and an Outline
Development Plan for the vacant property on the east side of Parfet. A Final Development Plan
and plat was approved for the property in February of 2006. OM S ini Deyelopmero*
for east side of Parfet)
III. SITE PLAN
As indicated in the case history portion of this report, the modular building is currently located
on the western parcel (11201 W. I-70 Frontage Road). The applicant is requesting approval of
the relocation of the existing modular building sales office to the middle parcel (11001 W.1-70
Frontage Road North) to allow for construction of the additional dealership building as approved
in the 1998 planned building group plan. The modular building is located within the footprint
location and will be displaced by the new construction. Staff has not reviewed plans for the new
structure.
There is an existing dealership structure on the middle parcel with employee parking, customer
parking and vehicle inventory. Access is by way of a curb cut each on Parfet and the frontage
road. The modular building will be located to the east of the existing structure as depicted on the
submitted site plan (Exhbaf4, Si2a Plan). Two landscaped islands will be removed to allow nine
customer parking spaces. The landscaped islands each measure roughly 10' x 40', contain six
mature, coniferous trees and provide buffering for the vehicle maintenance area to the rear.
Twenty-seven inventory parking spaces will be removed to accommodate the structure.
The modular building is shown as being located on an existing Public Service easement. This
easement is 113' wide and was reserved as part of the original platting of the property in 1986.
Although typically easement encroachments are not permitted, the structure is on wheels so it
can very easily be moved. Prior to issuance of a building permit for relocation of the structure,
written approval from Xcel Energy must be obtained. (l xhibrt,~latcopy}'
IV. TEMPORARY PERMIT CRITERIA
Staff has the following comments regarding the criteria used to evaluate a temporary permit:
1. Will not have a detrimental effect upon the general health, welfare and safety and
convenience of persons residing or working in the neighborhood of the proposed use;
and
Board of Adjustment
Case No. TUP-06-O 1/Polk for Medved
There should be no impact on persons residing or working in the neighborhood if no additional
cars are parked on Parfet Street. At any given time, there can be up to fifty cars parked along
both sides of the street adjacent to the dealership. Although Parfet is a public street and parking
is not restricted, a commercial property must provide all customer, employee and inventory
parking on-site. A reduction in the amount of on-site parking could exacerbate the parking on
Parfet Street.
2. Will not adversely affect the adequate light and air, nor cause significant air, water or
noise pollution, or cause drainage problems for the general area; and
There should be no impact on the light and air or cause air, water or noise pollution. As this is a
temporary structure which is on wheels, there should be no impact on site drainage.
I Will not result in undue traffic congestion or traffic hazards, or unsafe parking,
loading, service or internal traffic conflicts to the detriment of persons whether on or
off the site; and
There should be no negative impact on loading and service on the site. There may be negative
impacts due to the net reduction of parking on the site and resultant use of Parfet Street.
4. Will be appropriately designed, including setbacks, heights, parking, bulk, buffering,
screening and landscaping, so as to be in harmony and compatible with character of the
surrounding areas and neighborhood, especially with the adjacent properties; and
The proposed trailer is in compliance with the C-1 zone regulations relative to height and
setbacks. Staff is concerned there may be a visual impact in that existing mature landscaping is
being removed which helps screen the maintenance area from the general public. Staff will be
recommending that this displaced landscaping be accommodated elsewhere on the lot in an area
viewable by the public.
5. Will not overburden the capacities of the existing streets, utilities, parks, schools
and other public facilities and services.
There will be no impact on utilities, parks or schools. There may be an impact on Parfet Street
due to displacement of existing vehicle parking on-site. The proposal eliminates 27 spaces but
provides nine customer spaces for a net loss of available parking of 16 spaces. The parking of
vehicles on Parfet has been a continuing problem with up to 50 cars parked along both sides of
the street along the Medved frontage. The next phase of development on the east side of Parfet
Street is to include fifty additional spaces for employees to accommodate those vehicles parked
along the street.
V. AGENCY REFERRALS
Wheat Ridge Building Department: Has indicated that no restroom facilities are required if
the structure is within 500' of another structure with facilities. Handicapped access must be
maintained.
Board of Adjustment
Case No. TUP-06-0 I/Polk for Medved
Wheat Ridge Public Works: No comments.
Arvada Fire Protection District: No problems as long as the fire lane south of the proposed
customer parking is not blocked.
VI. STAFF CONCLUSIONS AND RECOMMENDATIONS
Upon review of the request, Staff has concluded that there should be no impact on the amount of
light and air or cause air, water or noise pollution. There will also be no impact on utilities, parks
or schools. However, Staff is concerned that there may be negative impacts from the proposal
relative to the number of cars parked along Parfet and the removal of mature landscaping and the
maintenance area screening. Staff will only recommend approval of the temporary building if an
accommodation for displaced parking and landscaping is provided.
Therefore, staff recommends approval for the following reasons:
1. There should be no impact on the amount of light and air.
2. There shall be no resultant air, water or noise pollution.
3. There will also be no impact on utilities, parks or schools.
With the following conditions:
1. Written permission be obtained from Xcel Energy to allow encroachment into their
easement prior to issuance of a building permit for the structure.
2. The temporary building shall be allowed for one-year starting from the date of
occupancy in the new location.
3. Permanent landscaping displaced by the improvements be accommodated elsewhere
on the site in a location that is visible by the general public.
4. No additional parking will be allowed on Parfet Street.
Board of Adjustment
Case No. TUP-06-O I/Polk for Medved
STATEMENT OF INTENT
Medved is seeking a temporary use of a building for purposes of conducting its used car
operations. The basis for the request is to move an existing building to a temporary location to
facilitate the construction of a permanent building at the location of the current used car facility.
The request is necessary to comply with franchise requirements. Further, a re-zoning and
subdivision process has occurred on adjacent property; which because of the expense and off site
issues cannot presently occur. An attached site plan is attached.
EXHIBIT I
99 u
OFFICIAL DEVELOPMENT PLAN
MEDVED AUTOPLEX - AMENDMENT NO. 1
A PLANNED BUILDING GROUP
IN THE CITY OF WHEAT RIDGE
COUNTY OF JEFFERSON, STATE OF COLORADO
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MEDVED ALITOPLEX PLANNED COMMERCIAL DEVELOPMENT
AN OFFICIAL FINAL DEVELOPMENT PLAN OF THE CITY OF WHEAT RIDGE
A TRACT OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 16, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH P.M.
CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO
SITE PLAN
CI/. CIXdiER Cf
FOO 14 J-'1//e ' T
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55 W
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STA.M 't5 13212'
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NERTINEST CMNFR CF
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SEC 16, T3% R69W . .
TDI 2-1/2' A.W. CAP
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SITE DATA' MINIMUM / REWIRED
PROMDED
S OF 1st PHASE
% OF TOTAL SITE
5.134 Ac - 223,637 If
10.016 AP - 0.16,281 sf
FRONT: 50'
FRONT: 9T
REAR: 10'
REAR: 344'
SETBACKS SIDE: NI'
SIDE: 184•
SIDE: 30'
SIDE: 492'
BUILDING HEIGHT 50 FEET
50 FEET
BUILDING COVERAGE
8,889 50. FT.
3.8%
2.0%
ROADS AND PARKING AREA
109,704 SO. FT.
49.1%
25.1%
- INCLUDES EXTERIOR VEHICLE DISPLAY AREA
OF 5,854 S0. FT.
OPEN SPACE
105.378 S0. FT.
47.1%
24.2%
- INCLUDES: FORMAL LANDSCAPE AREA Z50.506 SO. FL
(13.6%)
RETENTION POND 52,272 50. . FT. Fi.
(23.4%
VE
H10.E DEMONSTRATION AREA 22.600 S0. FT.
3
ULTMATE SIM DEVELOPMENT (FUTURE PHASES)
- INCLUDES: NORTHERN DEVELOPMENT PARCEL 3.69 AC.
160.809 S0. Fi.
NA
(6.4%)
%CEL CORRIDOR 1.19 Ac'
511848 50. F.
NA
11.9%
DETENTION AREA 0.64 Ac.
27.878 50. FT.
NA
36.8%
TOTALS
100%
100%
PARKING 8,000 sf DISPLAY 8 SPACES
8 SPACES
555 sf OFFICE 3 SPACES
3 SPACES
8 EMPLOYEES MAX SHIFT 8 SPACES
8 SPACES
NO SERNCE/WAREHOUSE SPACES
SUB TOTAL 19 SPACES
19 SPACES'
EMPLOYEES FROM EXISTING
DEALERSHIP
50 SPACES
INVENTORY
173 SPACES
TOTAL
242 SPACES
'INCLUDES 2 HANDICAP AS REQUIRED
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These plans are an instrument of
service and are the property of the
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disclosed, or reproduced without the written consent of the Architect.
RELOCATE THE E%ISTIN~ FENCE Copyrights and infringements will
75' TO THE NORTH be enforced and prosecuted.
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---75' PUBLIC SERVICE-~
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INSTALL 9 NEW
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CRAIG CHEVROLET MINOR SUBDIVISION
A PORTION OF THE S.E.1I4 OF THE S.W 1/4 OF SECTION 16,
T 3 S, RANGE 69 W, OF THE 6TH P M., COUNTY OF JEFFERSON,
STATE OF COLORADO
_ _ FINAL PLAT
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I SHEET 2 OF 2
P A R F E,T STREET (BOOK 155, PAGE 242 )
ROW DEDICATIDN
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ENGINEER/ SURVEYOR
Carrot I a Lange, Inc.
I665oe1h Unity Blvd., 22156
4 02.00 B 800228
303/ 9
503/980 0'0200
ROTE:
1. SHOULD NEE-. 50TH AVENVF NAT B.T. COA-
ETAUCTED AS AN ARTERIAL STREET
CONNECTINi TO NIPLING STFE£T. I-TO
FRONTAGE NVA: NLLL THEN BE CONVEPTEC
TO AS AFT£F:AL CLASSIFICATION. ITS
MWOA COHN£:iIONS TO SIPLING STREET
VIA THE PUBLIC SERVICE COMPANY
RIGHT-OF-NAY TO THE EAST OF PARFET
STP EET. IF THIS OCCURS. THE CITY
AGREES TO VACATE NEET BOTH AVENUE
DEDICATED N£REON. AND THE I.
AGREED TO DEDICATE UP TO AN
ADDITIONAL 2C FEET OF RSGNT-OF-NAY
ALONG THE S=H LINE OF LOTS 1 AND
2, AND FVRTNERMORE THE ONNER AGREES
TO MOVE AND REDEVELOP LANDSCAPING.
PAPRIA.D. AND ACCESS AT THE ONNEP'S
PIRBIL
2. THE CNNER IS RESPONS29:.£ IDA COI:-
STRUCIING OR FINANCIALLY PARTICI-
PATING IN THE CONSTRUCTION OF CURS
GUTTER. SIDERALN, DRAINAGE. AND
STREET ROADNAY TO STREET CENTERLINE
OF ALL ADJACENT STREETS.
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DATE PREPARED- AFWL 28.1986
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EXHIBIT 5
ews LN6YReLBT 1BNOrt meBNbBN
7500 West 29th Avenue The City of
Wheat Ridge, Colorado 80033 Wheat Ridge
Telephone 303/235-2846
FAX 303/235-2857
May 16, 2006
Dear Property Owner:
This is to inform you of Case No. TUP-06-01 which is a request for approval of a one-year
Temporary Structure Permit to allow an office trailer on property zoned Commercial-One (C-1)
and located at 11001 West I-70 Frontage Road North. This case will be heard by the Wheat
Ridge Board of Adjustment in the Council Chambers of the Municipal Complex at 7500 West
29th Avenue on May 25, 2006, at 7:00 p.m.
As an area resident or interested party, you have the right to attend this Public Hearing and/or
submit written comments.
If you have any questions or desire to review any plans, please contact the Planning Division at
303-235-2846. Thank you.
Planning Division.
CADocuments and Settings\kathyAmy Documents\KathytBOA\pubnotice\2006ttup0601.wpd
NW 16
t\
Lu
N
ZONING MAP
WHEAT RIDGE
COLORADO
1 wiry
DEPAKTMENTOF
PLANNING AND DEVELOPMENT
- PARCEULOT BOUNDARY
(DESIGINATES OWNERSHIP)
WATER FEATURE
* DENOTES MULTIPLE ADDRESSES
lz~ 100-YEAR FLOOD PLAIN
(APPROXIMATE LOCATION)
b VV 1 b
O 100 200 300 400 FIA
lm~
MAP ADOPTED: June 15, 1994
Last Revision: Seotember 10. 2
w
N
-------•MetroScan / Jefferson (CO)
Owner
:Steismeyer Charles
Parcel :042703.
Site
:4996 Parfet St Wheat Ridge 80033
2570 0001 4282 2
654
Mail
:4996 Parfet St Wheat Ridge Cc 80033
7005
Use
:1112 Res,Improved Land
Phone
Bedrm:
l Bath:1.00 TotRm: YB:1929 Pool:
Bidg--:---
: MetroScan / Jefferson
(CO)
Owner
:Whiteman Christopher L
Parcel :043569
Site
:4745 Parfet St Wheat Ridge 80033
7005 2570 0001 4282
2661
Mail
:4745 Parfet St Wheat Ridge Cc 80033
Use
:4141 Agr,Grazing Land
Phone
Bedrm:
2 Bath:1.00 TotRm: YB:1924 Pool:
B1dgSF:560 Ac:
6.16
*
: MetroScan / Jefferson
(CO)
Owner
:Whiteman Christopher L
Parcel :043569
Site
:4745 Pa et St Wheat Ridge 80
Xfered :07/03/1997
Mail
:4745 Parfe St Whea e Co 80033
- Price :$220,000 Full
Use
:4141 Agr,Gr nd
Phone
Bedrm:
3 1.00 TotRm: YB:1924 Pool:
B1dgSF:936 Ac:
6.16
• MetroScan / Jefferson
(CO)
Owner Owner
:Karr James A
Parcel :043578
Site
:5050 Parfet St Wheat Ridge 80033
7005 2570 0001 4282 2678
Mail
:60 S Garland St Lakewood Cc 80226
Use
:1112 Res,Improved Land
Phone
Bedrm:
2 Bath:1.00 TotRm: YB:1964 Pool:
B1dgSF:851 Ac:
.16
*
: MetroScan / Jeffers n
(CO)
Owner
:Perez Raul E/Sylvia
Parcel :043623
Site
:4750 Parfet St Wheat Ridge 80033
Xfered •na/~~/~^^_
Mail
4750 Parfet St Wheat Ridge Cc 80033
7005 2570 0001 428
2 2685
Use
:1112 Res,Improved Land
- - 015
Bedrm:
4 Bath:1.00 TotRm: . 947 Pool:
B1dgSF:2,044 Ac:
1.08
Metro an / Jefferson
(CO)
Owner
:Bear Land Holdings Llc
Parcel :043765
Site
:4990 Parfet St Wheat Ridge 80033
Yf- -°a
4282
2692
Mail
:11001 W 1-70 Frontage Rd N Wheat Ridge Cc 800
7005 2570 0001
Use
:1112 Res,Improved Land
one
Bedrm:
3 Bath:1.00 TotRm: YB:1927 Pool:
B1dgSF:1,017 Ac:
2.58
*
: MetroScan / Jefferson
(CO)
Owner
:Powell Vaudis M
Parcel :043769
Site
:11221 W 1-70 Frontage Rd S Wheat Ridge 80033
7005 2570 0001 4282
2708
Mail
:PO Box 415 Victorville Ca 92393
Use
:1112 Res,Improved Land
Phone
Bedrm:
2 Bath:1.00 TotRm: YB:1929 Pool:
B1dgSF:624 Ac:
1.91
*
• MetroScan / Jefferson
(CO)
Owner
:National Advertising Company
Parcel :043805
Site
:4800 Parfet St Wheat Ridge 80033
Xfered :11/06/1973
Mail
:185 Us Highway 46 Fairfield Nj 07004
7005 2570 0001 4282 2715
Use
:2111 Vacant,Commercial
Bedrm:
Bath: TotRm: YB: Pool:
B1dgSF: Ac:
.43
*
• MetroScan / Jefferson
(CO) •
Owner
:Bellegante John A
Parcel :043850
Site
:4760 Parfet St Wheat Ridge 80033
7005 2570 0001 4282
2722
Mail
:4760 Parfet St Wheat Ridge Cc 80033
Use
:5178 Misc,Residential,Mixed Use Land
Phone
Bedrm:
Bath: TotRm:l YB:1941 Pool:
B1dgSF:.1,816 Ac:
.92
*
MetroScan / Jefferson
(CO)
Owner
:Kellow John K
Parcel :043871
Site
:4740 Parfet St Wheat Ridge 80033
vfm-A l7/76/~9RH
Mail
:4740 Parfet St Wheat Ridge Cc 80033
7005 2570 0001 4282
2739
Use
:1112 Res,Improved Land
one
Bedrm:
4 Bath:1.75 TotRm: YB:1948 Pool:
B1dgSF:2,794 Ac:
.71
*
: MetroScan / Jefferson
(CO)
owner Owner
:Wehling Frank W
Parcel :043918
Site
:5006 Parfet St Wheat Ridge 80033
°L-rec: 2570 0001 4282 2746
Mail
0 80033 =
:5006 Parfet St Wheat R
Use
Bedrm
te~
:4141 Agr,Grazing Lagc:l`~
:3 Bath:1.00 Totem ~B_p 1942 Pool:
Phone
B1dgSF:1,500 Ac:
1.86
forma,L,'c~mpiled from v ~o s sources. Real Estate Solutions makes no representations
or wnrranties as_Lo the a cy or completeness of information contained in this report.
: M etzoSCan / Jaffe (CO)
Owner :Bear Land Holdings Llc Parcel :193121
Site :11001 N I 0 Service Rd #170 Wheat Ri ge 80033 Xfered :07/01/1997
Mail :11001 N I 7 Service Rd #170 Wheat edge Cc 80033 Price
Use :2112 Com, Im oved Land Phone
Bedrm: Bath: TotRm:l B:1987 Pool: B1dgSF:58,202 Ac:8.86
* Metz can / Jefferson (CO) •
Owner :Bear Land Hol ings Llc Parcel :193122
Site :11051 N I 70 S rvice Rd 70 Wheat Ridge 80033 Xfered :09/23/1998
Mail :11001 N I 70 Se vice R #170 Wheat Ridge Cc 80033 Price
Use :2112 Com,Improve La Phone
Bedrm: Bath: M:1 YB:1999 Pool: B1dgSF:46,871 Ac:8.71
Metroscan / Jefferson (CO)
Owner Owner :Bear Land Holdi gs L C Parcel :193681
Site :*no Site Addre s* Xfered :04/30/2004
Mail :11001 W I-70 rontage R N Wheat Ridge Cc 80033 Price
Use :1155 Vacant,Residential Phone
Bedrm: Bath: TotRm: YB: Pool: BldgSF: Ac:8.12
Information compiled from various sources. Real Estate Solutions makes no representations
or warranties as to the accuracy or completeness of information contained in this report.
Charles Steismeyer Christopher Whiteman & Bonnie Whiteman
4996 Parfet St 4745 Parfet St
Wheat Ridge, CO 80033 Wheat Ridge, CO 80033
James Karr & Sheryl Karr Raul & Sylvia Perez
60 S Garland St 4750 Parfet St
Lakewood, CO 80226 Wheat Ridge, CO 80033
Vaudis Powell National Advertising Company
PO Box 415 185 Us Highway 46
Victorville, CA 92393 Fairfield, NJ 07004
John Kellow & Kristi Kellow Frank Wehling
4740 Parfet St 5006 Parfet St
Wheat Ridge, CO 80033 Wheat Ridge, CO 80033
Bear Land Holdings Llc Bear Land Holdings Llc
11001 N 170 Service Rd #I70 11001 W I-70 Frontage Rd N
Wheat Ridge, CO 80033 Wheat Ridge, CO 80033
Christopher Whiteman & Bonnie Whitemar
4745 Parfet St
Wheat Ridge, CO 80033
Bear Land Holdings Llc
11001 W I-70 Frontage Rd N
Wheat Ridge, CO 80033
John Bellegante & Sharon Bellegante
4760 Parfet St
Wheat Ridge, CO 80033
Bear Land Holdings Llc
11001 N 170 Service Rd #I70
Wheat Ridge, CO 80033
* Search Parameters
* Jefferson (CO)
* 5/16/2006
* 11:56 AM
Parcel
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39
163
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39
163
02
002
39
212
00
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39
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NOTICE OF PUBLIC HEARING
Notice is hereby given that a Public Hearing is to be held before the City of Wheat Ridge
BOARD OF ADJUSTMENT on Thursday, May 25, 2006, at 7:00 p.m. in the Council
Chambers of the Municipal Building at 7500 West 29`h Avenue, Wheat Ridge, Colorado. All
interested citizens are invited to speak at the Public Hearing or submit written comments. The
following petitions shall be heard:
Case No. WA-06-06: An application filed by Holly Hall for approval of a 3.5 foot side
yard setback variance from the 15 foot side yard setback requirement resulting in an 11.5
foot side yard setback and a 10 foot rear yard setback variance from the 15 foot rear yard
setback requirement resulting in a 5 foot rear yard setback AND a 136 square foot
variance to maximum lot coverage for property zoned Residential One (R-1) and located
at 3880 Everett Street.
Case No. TUP-06-01: An application filed by Medved Autoplex for approval of a one-
year Temporary Structure Permit to allow an office trailer on property zoned
Commercial-Two (C-1) and located at 11001 West I-70 Frontage Road North.
Kathy Field, Administrative Assistant
ATTEST:
Pamela Y. Anderson, City Clerk
To be published: Wheat Ridge Transcript
Date: May 11, 2006
LAND USE CASE PROCESSING APPLICATION
Community Development Department
7500 West 29th Avenue, Wheat Ridge, CO 80033
Phone (303) 235-2846
(Please print or type all information)
Applicant Medved Autoplex Address: 11001 West I-70 Frontage Road North Phone: 303-421-0100
City: Wheat Ridge State: Colorado Zip: 80033 Fax: 303-463-1123
Owner John Medved Address: 11001 West I-70 Frontage Road North Phone: 303-421-0100
City: Wheat Ridge State: Colorado Zip: 80033 Fax: 303-463-1123
Contact Dennis B. Polk Address: 1667 Cole Blvd. Bldg. 19, Suite 100 Phone: 303-233-7838
City: Golden State: Colorado Zip: 80401 Fax: 303-233-7838
(The person listed as contact will be contacted to answer questions regarding this application, provide additional information when necessary, post
public hearing signs, will receive a copy of the staff report prior to Public Hearing, and shall be responsible for forwarding all verbal and written
communication to applicant and owner.)
Location of request (address): See Above
Type of action requested (check one or more of the actions listed below which pertain to your request):
Application submittal requirements on reverse side
❑ Change of zone or zone conditions ❑ Special Use Permit
❑ Consolidation Plat ❑ Subdivision: Minor (5 lots or less)
❑ Flood Plain Special Exception ❑ Subdivision: Major (More than 5 lots)
❑ Lot Line Adjustment ❑ Right of Way Vacation
❑ Planned Building Group ■Temporary Use, Building, Sign
❑ Site Development Plan approval ❑ Variance/Waiver (from Section )
❑ Other:
Detailed description of request: Please see the attached
Required information:
Assessors Parcel Number: Please see attached site plan Size of Lot (acres or square footage):
Current Zoning: Please see DBG 98-1 Proposed Zoning:
Current Use: Auto Dealership Proposed Use: Used Car Facility
I certify that the information and exhibits herewith submitted are true and correct to the best of my knowledge
and that in filing this application, I am acting with the knowledge and consent of those persons listed above,
without whose consent the requested action cannot lawfully be accomplished. Applicants other than owners
must submit power-of-attorney from the owner which approved of this action on his behalf.
Signature of Applicant
MED / AUTOPLE3
By:
Dennis B. Polk,
Attorney for Medved Autoplex
Subscnbcd and sworn to me this day of Agr\ , 20 Q-. o
c~
Notary Public
My commission expires ~Q -`b
To be filled out by staff:
Date received a ~ Fee S~Receipt No. Case No.
Comp Plan Desig. Zoning C Quarter Section Map _5~40 /G
Related Case No. Pre-App Mtg. Date Case Manager X~ ncr-~
Submittal Requirements:
❑ Original signed & notarized Application Form
❑ Fee $ (Amount submitted per Fee Schedule)
❑ Letter of request indicating full intent and purpose of request
❑ Proof of ownership (Copy of Recorded Deed)
❑ Limited Power of Attorney (if applicant is not owner)
❑ Certified Survey of the property
❑ Mineral Rights Certification (Change of Zone, Special Use, Subdivision and Plan Development)
❑ Site Plan: (Ifpage size is 24"x 36", must provide 11 "x 17" reduction)
(Special Use, Variance, Planned Building Group, Planned Development)
❑ Neighborhood meeting (except for Flood Plain exception, TUPs and Variances)
❑ Names and address of attendees
❑ Date, time, location of meeting
❑ Legal description (except TUPs and Variances)
❑ Building Elevations (optional)
❑ Copy of Pre-application meeting notes (if applicable)
Additional Submittal Requirements:
❑ 16 pre-folded plans 24" x 36" and 1 reduction at 11" x 17" (Subdivision and PD only)
❑ Traffic Impact Report (may be required for Change of Zone, Special Use, Subdivision, and PD)
❑ Drainage, Grading and Erosion Control Plan (Subdivision and PD only)
❑ Mylars plus recording fees (See Fee Schedule)
(Will be required after approval for Subdivisions, Rezonings, and Annexations)
Please note: Incomplete application submittals will not be accepted.
There may be other items required that are not listed depending on type and complexity of application.
Revised 9/27/04
STATEMENT OF INTENT
Medved is seeking a temporary use of a building for purposes of conducting its used car
operations. The basis for the request is to move an existing building to a temporary location to
facilitate the construction of a permanent building at the location of the current used car facility.
The request is necessary to comply with franchise requirements. Further, a re-zoning and
subdivision process has occurred on adjacent property; which because of the expense and off site
issues cannot presently occur. An attached site plan is attached.
HOLLEY, ALBERTSON & POLK, P.C.
ATTORNEYS AT LAW
DENVER WEST OFFICE PARK
SUITE 100, BUILDING 19
1667 COLE BLVD.
GOLDEN, COLORADO 80401
PHONE (303) 233-7838
FAx(303) 233-2860
SCOTT D. ALBERTSON
DENNIS B. POLK
ERIC E. TORGERSEN
JAMES J. EMANUEL
HEATHER S. HODGSON
May 1, 2006
Meredith Reckert
City of Wheat Ridge
Planning and Development Dept.
7500 W. 29`h Ave.
Wheat Ridge, CO 80033
Re: Medved Autoplex Application for Temporary Use
Dear Meredith:
Enclosed herewith you will find the following documents:
GEORGE ALAN HOLLEY
(1925 -2002)
VIA HAND DELIVERY
Limited Power of Attorney executed byMr. Medved on behalf of Medved Chevrolet,
Inc. and Medved Chrysler Jeep, Inc. in connection with the above referenced matter
which was filed with the City. As you are aware Medved Autoplex is the trade name
under which operations are conducted. If you require that the application be
modified, please advise me. However, they are in fact the same entity.
A copy of the Jefferson County Property Tax Statement and check showing payment
for the subject properties. You will note that these are reflected on seven statements.
I am also enclosing a copy of the existing Deed of Trust with respect to the subject
property. This should be sufficient proof of ownership. If you require something
else, please let me know.
Sincerely,
Holley lbertson & Polk, P.C.
~enms B. Polk
LIMITED POWER OF ATTORNEY
TO WHOM IT MAY CONCERN:
The undersigned, John F. Medved, being the sole owner of Medved Chevrolet,
Inc., a Colorado corporation and Medved Chrysler Jeep, Inc., a Colorado corporation,
located in Wheat Ridge, Colorado, hereby authorizes Dennis A. Polk to act on his behalf
with the City of Wheat Ridge in all negotiations with regard to property located at 11001,
11051 and 11201 W. I-70 Frontage Road North. I further authorize Dennis A. Polk to
sign any and all documents necessary in connection with the negotiations regarding the
aforementioned properties and the City of Wheat Ridge.
This Limited Power of Attorney and at
immediately and shall remain in full force and
expressly revoked prior to that date.
become effective
mber 31, 2006 unless
Dated this 28th day of April, 2006.
F.
STATE OF COLORADO )
ss.
County of Jefferson )
On this 28`h day of April, 2006, before me, a Notary Public, personally appeared
John F. Medved, known to me, who, being by me duly sworn, did say and acknowledge
that he executed the foregoing limited power of attorney and authorization as his own
free act and voluntary deed.
Notary Public
My commission expires: '5woy
County Treasurer
100 Jefferson County Pkwy.
Golden, CO 80419.2520
(303) 271-8330 - Office
Web site http://treasurer.jeffco.us
TAX DIST_ 3109
PROPERTY TAX STATEMENT
TAX NOTICE
ScHFDDI F No 193121 2005 TAXES PAYARI F 700B
DOING BUSINESS AS
MEDVED CHEVROLET NEW CAR DEALERSHIP
PROPERTY LOCATION
11001 1-70 FRONTAGE RD N
FIN. INST.
SEC.TWN.RNG.QTR. SQ.FT.LAND BLK LOT KEY BOOK PAGE
AX AUTHORITY
TAX LEVY'
TAXAMOUNT
CRAIG CHEVROLET MINOR SUB
SCHOOL
16 03 69 SW 385942 0001 F0442623
SCHOOL GEN
37.8030
44,837.00
SCHOOL BND
11.2500
13,343.29
COUNTY
CNTY GEN'L
12.9210
15
325.21
*J
DEV DISABL
1.0000
,
1
186.07
"t-
R&B SRVCS
3.2800
,
3,890.31
SOC SRVCS
1.7100
028.18
2
CAP'TL EXP
1.9120
,
2,267.77
LIBRARY
3.5000
4
151.25
CNTY OTHER
0230
,
27.28
WHIR
1.7860
2,118.32
AFD
9.4800
11,243.94
FSD
3.7190
4,410.99
UDFCD
.5320
630.99
UDFCDSPLAT
.0650
77.09
VWD
.3150
373.61
COMMERCIAL
PROPERTY VALUATION
TAX LEVY'
89.2960
105,911.30
vei i ieTinni nrn ini ncc~ccrn
LAND AND BUILDING 4,089,900 1,186,070
ASSESSMENT PERCENTAGE
"RESIDENTIAL PROPERTY: 7.96% ALL OTHER PROPERTY: 29.00%"
~~I~Ilu~lln~ullu~lln~l~l~~~llll~~~~~l~lll~~~~~~llllw
^"°"""'°'""'AUTO"5-DIGIT 80033
BEAR LAND HOLDINGS LLC
11001 1-70 FRONTAGE RD N
WHEAT RIDGE CO 80033-2102
FULL AMOUNT DUE APRIL 30 105,911.30
OR
FIRST HALF DUE FEBRUARY 28 52,955.65
SECOND HALF DUE JUNE 15 52,955.65
IF PAYING IN PERSON BRING ENTIRE TAX NOTICE
SEE REVERSE SIDE FOR FURTHER INFORMATION RETAIN THIS PORTION FOR YOUR RECORDS.
Mark Paschall JEFFERSON COUNTY COLORADO
Mark Paschall JEFFERSON COUNTY COLORADO
County Treasurer
100 Jefferson County Pkwy.
Golden, CO 80419-2520
(303) 271-8330 - Office
Web site hitp://treasurer.jeffco.us
TAY nI.RT R1nQ
PROPERTY TAX STATEMENT
TAX NOTICE
RcHFnt n F Nn 91337R 2n05 TAXFS PAYARI F 2006
DOING BUSINESS AS:
MEDVED AUTOPLEX
PROPERTY LOCATION
11001 1-70 FRONTAGE RD N
FIN. INST.
SEC.TWN.RNG.QTR. SQ.FT.LAND BLK LOT KEY BOOK PAGE
AX AUTHORITY
TAX LEVY-
TAXAMOUNT
SCHOOL
SCHOOLGEN
37.8030
6,119.55
SCHOOL BIND
11.2500
1,821.15
COUNTY
CNTY GEN'L
12.9210
2,091.67
DEV DISABL
1.0000
161.88
R&B SRVCS
3.2800
530.97
SOC SRVCS
1.7100
276.81
hl s}-J
CAP'TL EXP
1.9120
309.51
LIBRARY
3.5000
566.58
CNTY OTHER
.0230
3.72
WHIR
1.7860
289.12
AFD
9.4800
1,534.62
FSD
3.7190
602.03
UDFCD
.5320
86.12
UDFCDSPLAT
.0650
10.52
VWD
.3150
50.99
COMMERCIAL
PROPERTY VALUATION
TAX LEVY -
89.2960
14,455.24
vni i innnni nrri ini neee teen
PERSONAL 558,209 161,880
ASSESSMENT PERCENTAGE FULL AMOUNT DUE APRIL 30 14,455.24
"RESIDENTIAL PROPERTY. 7.96% ALL OTHER PROPERTY: 29.00%" OR
FIRST HALF DUE FEBRUARY 28 7,227.62
SECOND HALF DUE JUNE 15 7,227.62
nl~lln~llmullu~llu~l~lu~llllmnl~lllnuullllw
"'""""`""'"".,""""""AUTO^5-DIGIT 80033
MEDVED CHEVROLET GEO INC
% TAX DEPT
11001 1-70 FRONTAGE RD N
WHEAT RIDGE CO 80033-2102
IF PAYING IN PERSON BRING ENTIRE TAX NOTICE
SEE REVERSE SIDE FOR FURTHER INFORMATION RETAIN THIS PORTION FOR YOUR RECORDS.
i
Mark Paschall JEFFERSON COUNTY COLORADO
County Treasurer
100 Jefferson County Pkwy.
Golden, CO 80419-2520
(303) 271-8330 - Office
Web site http://treasurer.jeffco.us
TAX rLST 3100
PROPERTY TAX STATEMENT
TAX NOTICE
Sc HFr1Ul a No. 193681 2005 TAXES PAYABLE 2006
DOING BUSINESS AS:
I
PROPERTY LOCATION
VACANT LAND
FIN. INST.
SEC.TWN.RNG.QTR. SQ.FT.LAND BLK LOT KEY BOOK PAGE
AX AUTHORITY
TAX LEVY"
TAX AMOUNT
SCHOOL
16 03 69 SW 353881 016 F2016119
SCHOOLGE
37.8030
1,022.57
SCHOOL BND
11.2500
304.31
COUNTY
CNTY GEN'L
12.9210
349.52
DEV DISABL
1.0000
27.05
R&B SRVCS
3.2800
88.72
SOC SRVCS
1.7100
46.26
CTGS % %J
CAP'TL EXP
1.9120
51.72
LIBRARY
3.5000
94.68
CNTY OTHER
.0230
.62
WHIR
11860
48.31
AFD
9.4800
256.43
FSD
3.7190
100.60
UDFCD
.5320
14.39
UDFCDSPLAT
.0650
1.76
VWD
.3150
8.52
RESIDENTIAL
PROPERTY VALUATION
89.2960
2,415.46
V ALUA I IUI V
LAND
i VlL
33,790 27,050
ASSESSMENT PERCENTAGE
"RESIDENTIAL PROPERTY: 7.96% ALL OTHER PROPERTY: 29.00W
»,..«.««.»»»,.««.«„,«3-DIGIT 800
BEAR LAND HOLDINGS LLC
11001 W 1-70 FRONTAGE RD N
WHEAT RIDGE CO 80033
FULL AMOUNT DUE APRIL 30
OR
FIRST HALF DUE FEBRUARY 28
SECOND HALF DUE JUNE 15
2,415.46
1,207.73
1,207.73
IF PAYING IN PERSON BRING ENTIRE TAX NOTICE
SEE REVERSE SIDE FOR FURTHER INFORMATION RETAIN THIS PORTION FOR YOUR RECORDS.
County Treasurer
100 Jefferson County Pkwy.
Golden, CO 80419-2520
(303) 271-8330 - Office
Web site http://treasurer.jeffco.us
TAX DIST. 3109
PROPERTY TAX STATEMENT
TAX NOTICE
SCHFDIII F Nn 043765 9005 TAXFS PAYARI F 9008
DOING BUSINESS AS
1
PROPERTY LOCATION
4990 PARFET ST
FIN. INST.
SEC.TWN.RNG.QTR.
SQ.FT.LAND BLK LOT
KEY BOOK PAGE
AX AUTHORITY
TAX LEVY'
TAXAMOUNT
SCHOOL
16 03 69 SW
112820
017 F2016119
SCHOOL GE
37.8030
609.76
SCHOOL BND
11.2500
181.46
COUNTY
CNTY GEN'L
12.9210
208.41
DEV DISABL
1.0000
16.13
j
R&B SRVCS
3.2800
52.91
SOCSRVCS
1.7100
27.58
CAP'TL EXP
1.9120
30.84
LIBRARY
3.5000
56.46
CNTY OTHER
.0230
.37
WHIR
1.7860
28.81
AFD
9.4800
152.91
FSD
3.7190
59.99
UDFCD
.5320
8.58
UDFCDSPLAT
.0650
1.05
VWD
.3150
5.08
RESIDENTIAL
PROPERTY VALUATION
TAX LEVY
89.2960
1,440.34
VAI IIATInN
AnTI IAI
AscGCCFn
LAND AND BUILDING 202,630 16,130
ASSESSMENT PERCENTAGE
"RESIDENTIAL PROPERTY: 7.96% ALL OTHER PROPERTY: 29.00W
800
BEAR LAND HOLDINGS LLC
11001 W 1-70 FRONTAGE RD N
WHEAT RIDGE CO 80033
FULL AMOUNT DUE APRIL 30 1,440.34
OR
FIRST HALF DUE FEBRUARY 28 720.17
SECOND HALF DUE JUNE 15 720.17
IF PAYING IN PERSON BRING ENTIRE TAX NOTICE
SEE REVERSE SIDE FOR FURTHER INFORMATION RETAIN THIS PORTION FOR YOUR RECORDS.
REMITTANCE ADVICE MEDVeD CHEVROLET, INC. CHECK NO. NET
DETACH AND RETAIN WHEAT RIDGE, COLORADO 80033 263875 AMOUNT $720.17
Mark Paschall JEFFERSON COUNTY COLORADO
Mark Paschall JEFFERSON COUNTY COLORADO
County Treasurer
100 Jefferson County Pkwy.
Golden, CO 80419.2520
(303) 271-8330 - Office
Web site http://treasurer.jeffco.us
TAX nIST 3109
PROPERTY TAX STATEMENT
TAX NOTICE
scHFnul F No 193122 2005 TAXES PAYABLE 2006
DOING BUSINESS AS:
MEDVED USED CAR DEALERSHIP
PROPERTY LOCATION
11051 I-70 FRONTAGE RD N
FIN. INST.
SEC.TWN.RNG.QTR. SQ.FT.LAND BLK LOT KEY BOOK PAGE
AX AUTHORITY
TAX LEVY*
TAX AMOUNT
CRAIG CHEVROLET MINOR SUB
SCHOOL
16 03 69 SW 3659 OSA F0700191
SCHOOL GEN
37.8030
53,712.77
16 03 69 SW 376010 0002 F0442623
SCHOOL BND
11.2500
15,984.68
COUNTY
CNTY GEN'L
12.9210
18,358.91
y„y,,G a`i~ n✓ Z'~t t'
DEV DISABL
1.0000
1,420.86
R&B SRVCS
3.2800
4,660.42
SOC SRVCS
1.7100
2,429.67
Hf ✓G" 1~'. 37-,T
'
CAP'TL EXP
R
1.9120
2,716.68
,
t
~
LIBRA
Y
3.5000
4,973.01
CNTY OTHER
.0230.
32.68
WHIR
1.7860
2,537.66
AFD
9.4800
13,469.75
FSD
3.7190
5,284.18
UDFCD
.5320
755.90
UDFCDSPLAT
.0650
92.36
VWD
.3150
447.57
COMMERCIAL
PROPERTY VALUATION
TAX LEVY'
89.2960
126,877.10
%/A! ~ innnni nrn ini neeEeeCn
LAND AND BUILDING 4,899,520 1,420,860
ASSESSMENT PERCENTAGE FULL AMOUNT DUE APRIL 30 126,877.10
"RESIDENTIAL PROPERTY: 7.96% ALL OTHER PROPERTY: 29.00%" OR
FIRST HALF DUE FEBRUARY 28 63,438.55
SECOND HALF DUE JUNE 15 63,438.55
~~I~Il~nllnn~lin~lin~l~lu~llllu~~~l~lll~~~u~llll~u
-AUTO"5-DIGIT 80033
BEAR LAND HOLDINGS LLC
11001 1-70 FRONTAGE RD N
WHEAT RIDGE CO 80033-2102
IF PAYING IN PERSON BRING ENTIRE TAX NOTICE
SEE REVERSE SIDE FOR FURTHER INFORMATION RETAIN THIS PORTION FOR YOUR RECORDS.
Mark Paschall
County Treasurer
100 Jefferson County Pkwy.
Golden, CO 8' 19-2520
(303) 271.83: Office
Web site httpi//treasurer.jeft
PROPERTY TAX STATEMENT
TAX NOTICE
TAX DIST. 3109 SCHLUULL NU. a<oooc
PROPERTY LOCATI
-
ON
FIN. INST.
DOING BUSINESS AS:
MEDVED CHRYSLER PLYMOU TH JEEP INC 11201 W 1-70 FRO
NTAGE RD
TWN.RNG.TR. SQ.FT.LAND BLK LOT KEY BOOK PAGE
SEC
AXAUTHO
Y'
AX
TAXAMOUNT
AXA
.
SCHOOL
SCHOOL
030
1,692.06
SCHOOL
500
503.55
COUNTY
CNTY G
210
M
578.35
DEV DIS
000
44.76
8
46 81
1
1
SOC SR
00
6.54
7
h
CAP'TL
120
85.58
LIBRAR
000
230
156.66
03
1
CNTY O
0
.
WHR
7860
79.94
AFD
4800
424.32
FSD
3.7190
166.46
UDFCD
.5320
23.81
UDFCDSPLAT
3650
91
VWD
,
14.
COMMERCIAL
PROPERTY VA LUATION
89.2960
3,996.88
VALUATION ACTUAL AS6tJ6tU
PERSONAL 154,349 44,760
ASSESSMENT PERCENTAGE FULL AMOUNT DUE APRIL 30 3,996.88
"RESIDENTIAL PROPERTY: 7.96% ALL OTHER PROPERTY' 29.00%" OR
FIRST HALF DUE FEBRUARY 28 1,998.44
SECOND HALF DUE JUNE 15 1,998.44
•..«+.*,•.^.,,.,»"".."„«3-DIGIT 800
MEDVED CHRYSLER PLYMOUTH JEEP INC
ATTN: BLAISDELL MARY BUS MNGR
11201 W 1-70 FRONTAGE RD N
WHEAT RIDGE CO 80033
JEFFERSON COUNTY COLORADO
IF PAYING IN PERSON BRING ENTIRE TAX NOTICE RETAIN THIS PORTION FOR YOUR RECORDS.
SEE REVERSE SIDE FOR FURTHER INFORMATION
s
vvc oAVAMI C onna
Mark Paschall JEFFERSON COUNTY COLORADO
County Treasurer
100 Jefferson County Pkwy.
Golden, CO 80419-2520
(303) 271-8330 - Office
Web site http://treasurer.jeffco.us
PROPERTY TAX STATEMENT
TAX NOTICE
DOING BUSINESS AS:
LEASED EQUIP TO MEDVED
PROPERTY LOCATION
11201 W 170 FRONTAGE RD NORTH
FIN. INST.
SEC.TWN.RNG.QTR. SQ.FT.LAND BLK LOT KEY BOOK PAGE
AX AUTHORITY
TAX LEVY'
TAX AMOUNT
SCHOOL
SCHOOL GE
37.8030
3,248.41
SCHOOL BND
11.2500
966.71
COUNTY
CNTY GEN'L
12.9210
1,110.29
_
32 i
DEV DISABL
1.0000
85.93
;
N
_
R&B SRVCS
3.2800
281.85
SOC SRVCS
1.7100
146.94
CAP'TL EXP
1.9120
164.30
LIBRARY
3.5000
300.76
CNTY OTHER
.0230
1.98
WHIR
1.7860
153.47
AFD
9.4800
814.62
FSD
3.7190
319.57
UDFCD
.5320
45.71
UDFCDSPLAT
.0650
5.59
VWD
.3150
27.07
COMMERCIAL
PROPERTY VALUATION
TAX-L
59.2960
7,673.20
Anr] iAl ncc occon
PERSONAL 296,296 85,930
ASSESSMENT PERCENTAGE FULL AMOUNT DUE APRIL 30 7,673.20
"RESIDENTIAL PROPERTY: 7.96% ALL OTHER PROPERTY: 29.00%" OR
FIRST HALF DUE FEBRUARY 28 3,836.60
SECOND HALF DUE JUNE 15 3,836.60
» » » "„""3-DIGIT 800
MEDVED JOHN F
ATTN: BLAISDELL MARY
11001 W 170 FRONTAGE RD NORTH
WHEAT RIDGE CO 80033
IF PAYING IN PERSON BRING ENTIRE TAX NOTICE
SEE REVERSE SIDE FOR FURTHER INFORMATION RETAIN THIS PORTION FOR YOUR RECORDS.
REMITTANCE ADVICE MEDVED CHEVROLET, INC. CHECK NO. NET
DETACH AND RETAIN WHEAT RIDGE, COLORADO 80033 263872 AMOUNT $3,836.60
TAY nicT st no scNFni n F Nn 974792 2005 TAXES PAYABLE 2006
PREPARED BY:
Sylvia D'Angelo
WHEN RECORDED RETURN TO:
Dealer Commercial Services
AZ-1125
201 N. Central Avenue, 8th Floor
Phoenix, AZ 85004
d ML
CHASE
Deed Of Trust,
Assignment of Leases and Rents,
Security Agreement and Financing Statement
THIS DEED OF TRUST is dated as of November 21, 2004, among Bear Land Holdings, LLC, whose address is 11001 West 1-70
Frontage Road North, Wheat Ridge, CO 80033 (the "Trustor"), the Public Trustee of the Colorado County or City and County in
which the Premises are located (the "Trustee") and JPMorgan Chase Bank, N.A., whose address is 201 N. Central Avenue, 8th
Floor, Phoenix, AZ, 85004, and its successors and assigns (the "Beneficiary").
The Truster irrevocably GRANTS, TRANSFERS, CONVEYS AND ASSIGNS to the Trustee, in trust, with power of sale,
for the benefit of the Beneficiary, all of the Trustor's right, title and interest, now owned or hereafter acquired, in the
"Premises." The Premises includes the following:
(I) The real property, and all the existing or subsequently affixed or erected buildings, structures and improvements on it,
described as:
Located in the City of Wheat Ridge, County of Jefferson, State of Colorado:
See Exhibit "A" Attached Hereto and Made a Part Hereof for All Purposes Intended;
Commonly known as 11001 & 11051 W 1-70 Frontage Road, North, Wheat Ridge, Colorado;
(2) All easements, rights-of-way, licenses, privileges and hereditaments appurtenant to or used in connection with the Premises;
(3) All land lying in the bed of any road, street, alley or the like, opened, proposed or vacated, public or private, or any strip or
gore, adjoining the Premises;
(4) Subject to the rights of the Beneficiary under Section I1 below, all machinery, apparatus, equipment, fittings, fixtures and
articles of personal property of every kind and nature whatsoever located now or in the future in or upon the Premises and used or
useable in connection with any present or future operation of the Premises (the "Equipment") that is permanently affixed or
becomes permanently affixed to the Premises. ;
(5) All mineral, coal, oil, gas and water rights, royalties, water courses, ditch rights, water and water stock, timber and timber
rights, if any,
(6) All insurance, condemnation and other awards or payments, including interest, made as a result of: (a) the exercise of the
right of eminent domain, (b) the alteration of the grade of any street, (c) any loss of or damage to any building or other
improvement on the Premises, (d) any other injury to or decrease in the value of the Premises, (e) any refund due on account of
the payment of real estate taxes, assessments or other charges levied against or imposed upon the Premises and (f) the reasonable
attorneys' fees, and court costs;
(7) Subject to the rights of the Beneficiary under Section 9 below, all present and future (a) leases, subleases, licenses and other
agreements for the use and/or occupancy of the Premises, oral or written, including, without limitation, all extensions, renewals,
replacements and holdovers (collectively, the "Leases") and (b) rents, revenues, income, issues, royalties, profits, bonuses,
accounts, cash, security deposits, advance rents and other payments and/or benefits, of every kind or nature, derived from the
Leases and/or the Premises, including, without limitation, the Tmstor's right to enforce the Leases and to receive and collect all
payments and proceeds under the Leases (collectively, the "Rents");
(8) All rights to make divisions of the real estate comprising the Premises that are exempt from the platting requirements of all
applicable land division or platting acts, as amended from time to time; and
(9) All licenses, contracts, permits and agreements required or used in connection with the ownership, maintenance or operation
of the Premises.
The Trustor warrants that it is well and truly seized of good and marketable fee simple title to the real property comprising the
Premises and it is the lawful owner of the personal property comprising the Premises, except for liens for taxes and
assessments not yet due and payable, building and use restrictions of record, zoning ordinances, and any other encumbrances
disclosed to the Beneficiary in writing as of the date of this Deed of Trust ("Permitted Encumbrances"). The Truster shall forever
warrant and defend the same unto the Beneficiary and its successors and assigns against all claims whatsoever, except for the
Permitted Encumbrances. If the Premises are encumbered by Permitted Encumbrances, the Trustor shall perform all obligations
and make all payments as required by the Permitted Encumbrances. The Trustor shall provide the Beneficiary copies of all
writings pertaining to Permitted Encumbrances and the Beneficiary is authorized to request and receive that information from any
other person without the consent or knowledge of the Truster.
This Deed of Trust secures the Liabilities.
The term "Liabilities" in this Deed of Trust means all obligations, indebtedness and liabilities of the Borrower and/or the
Trustor to any one or more of the Beneficiary, JPMorgan Chase & Co., and any of their subsidiaries, affiliates or successors,
now existing or later arising, including, without limitation, all loans, advances, interest, costs, overdraft indebtedness, credit
card indebtedness, lease obligations, or obligations relating to any Rate Management Transaction, all monetary obligations
incurred or accrued during the pendency of any bankruptcy,, insolvency, receivership or other similar proceedings, regardless
of whether allowed or allowable in such proceeding, and all renewals, extensions, modifications, consolidations or
substitutions of any of the foregoing, whether the Borrower and/or the Trustor may be liable jointly with others or
individually liable as a debtor, maker, co-maker, drawer, endorser, guarantor, surety or otherwise, and whether voluntarily or
involuntarily incurred, due or not due, absolute or contingent, direct or indirect, liquidated or unliquidated. The term
"Liabilities" includes, without limitation, the following:
(1) That certain Term Note, dated November 21, 2004 in the original principal amount of Twenty Million Eight Hundred
Thousand and 00/100 Dollars ($20,800,000.00), executed and delivered by Bear Land Holdings, LLC (the "Borrower") to the
Beneficiary; and
(2) The performance of all of the promises and agreements contained in the Deed of Trust.
This Deed of Trust shall not apply to any obligation or debt incurred for personal, household or family purposes unless the note or
guaranty evidencing such personal, household or family debt expressly states that it is secured by this Deed of Trust.
The term "Rate Management Transaction" in this Deed of Trust means any transaction, (including an agreement with respect
thereto) now existing or hereafter entered into by or among the Borrower and/or the Trustor, and the Beneficiary or JPMorgan
Chase & Co., or any of its subsidiaries or affiliates or their successors, which is a rate swap, basis swap, forward rate transaction,
commodity swap, commodity option, equity or equity index swap, equity or equity index option, bond option, interest rate option,
foreign exchange transaction, cap transaction, floor transaction, collar transaction, forward transaction, currency swap transaction,
cross-currency rate swap transaction, currency option or any other similar transaction (including any option with respect to any of
these transactions) or any combination thereof, whether linked to one or more interest rates, foreign currencies, commodity prices,
equity prices or other financial measures.
The term "Related Documents" in this Deed of Trust means all loan agreements, credit agreements, reimbursement
agreements, security agreements, mortgages, deeds of trust, pledge agreements, assignments, guaranties, or any other
instrument or document executed in connection with any of the Liabilities.
The Trustor promises and agrees as follows:
1. Payment of Liabilities; Performance of Obligations. The Trustor shall promptly pay when due, whether by
acceleration or otherwise, the Liabilities for which the Trustor is liable, and shall promptly perform all obligations to which
the Trustor has agreed under the terms of this Deed of Trust and any of the other Related Documents.
2. Taxes and Liens. The Trustor shall pay, when due, before any interest, collection fees or penalties shall accrue, all taxes,
assessments, fines, impositions, and other charges which may become a lien prior to this Deed of Trust. Should the Trustor
fail to make those payments, the Beneficiary may at its option and at the expense of the Trustor, pay the amounts due for the
account of the Trustor. Upon the request of the Beneficiary, the Trustor shall immediately furnish to the Beneficiary all
notices of amounts due and receipts evidencing payment. The Trustor shall promptly notify the Beneficiary of any lien on all
or any part of the Premises and shall promptly discharge any unpermitted lien or encumbrance.
3. Change in Taxes. In the event of the passage of any law or regulation, state, federal or municipal, subsequent to the date
of this Deed of Trust, which changes or modifies the laws now in force governing the taxation of mortgages, deeds of trust or
debts secured by mortgages or deeds of trust, or the manner of collecting those taxes, the Liabilities shall become due and
payable immediately at the option of the Beneficiary.
4. Insurance. Until the Liabilities are fully paid, the Truster shall keep the Premises and the present and future buildings
and other improvements on the Premises constantly insured for the benefit of the Beneficiary, at replacement cost for the full
insurable value, without any reduction based upon the Truster's acts, against fire and such other hazards and risks customarily
covered by the standard form of extended coverage endorsement available in the state where the Premises is located,
including risks of vandalism and malicious mischief, and shall further provide flood insurance (if the Premises are situated in
an area designated as a flood risk area by the Director of the Federal Emergency Management Agency or as otherwise
required by the Flood Disaster Protection Act of 1973 and regulations issued under it), and such other appropriate insurance
as the Beneficiary may require from time to time. All insurance policies and renewals must be acceptable to the Beneficiary,
must provide for payment to the Beneficiary in the event of loss, regardless of any act or omission by the Trustor, must
require thirty (30) days notice to the Beneficiary in the event of nomenewal or cancellation and must be delivered to the
Beneficiary within thirty (30) days prior to their respective effective dates. Should the Truster fail to insure or fail to pay the
premiums on any insurance or fail to deliver the policies or certificates or renewals to the Beneficiary, then the Beneficiary,
at its option, may have the insurance written or renewed, and may pay the premiums, for the account of the Trustor. In the
event of loss or damage, the proceeds of the insurance shall be paid to the Beneficiary alone. No loss or damage shall itself
reduce the Liabilities. The Beneficiary is authorized to adjust and compromise a loss without the consent of the Trustor, to
collect, receive and receipt for any proceeds in the name of the Beneficiary and the Trustor and to endorse the Trustor's name
upon any check in payment of proceeds. The proceeds shall be applied first toward reimbursement of all costs and expenses
of the Beneficiary in collecting the proceeds and then the Beneficiary shall apply the proceeds, or any part of the proceeds, to
the repair or rebuilding of the Premises provided that the Trustor (a) is not then or at any time during the course of restoration
of the Premises in default under this Deed of Trust and (b) has complied with all requirements for application of the proceeds
to restoration of the Premises as the Beneficiary, in its sole discretion may establish. The Trustor shall also provide and
maintain comprehensive general liability insurance in such coverage amounts as the Beneficiary may request, with the
Beneficiary being named as an additional insured on such policies. Evidence of the renewal of such liability insurance shall
be delivered to the Beneficiary at the same time as evidence of the renewal of the property insurance required above must be
delivered to the Beneficiary. If the Trustor fails to provide such liability insurance, and/or the renewals thereof, or fails to pay
the premiums on such liability insurance when such premiums are due, then the Beneficiary may have such liability
insurance written or renewed, and may pay the premiums, for the account of the Trustor.
5. Reserves for Taxes and Insurance. Until the occurrence of any default in the payment or performance of any of the
Liabilities or the occurrence of a default under this Deed of Trust, the Trustor shall, if requested by the Beneficiary, pay to the
Beneficiary, at the time of and in addition to the scheduled installments of principal and/or interest due under the Liabilities, a
sum equal to (a) the amount estimated by the Beneficiary to be sufficient to enable the Beneficiary to pay, at least thirty (30)
days before they become due and payable, all taxes, assessments and other similar charges levied against the Premises, plus
(b) the amount of the annual premiums on any policies of insurance required to be carried by the Truster, divided by (c) the
number of installments due each year ((a) and (b) are collectively referred to as the "Charges"). Upon notice at any time, the
Trustor will, within ten (10) days, deposit such additional sum as may be required for the payment of increased Charges.
These suns may be commingled with the general funds of the Beneficiary and no interest shall be payable on them, nor shall
these sums be deemed to be held in trust for the benefit of the Truster. Notwithstanding payment of any suns by the Trustor
to the Beneficiary under the terms of this section, the Beneficiary shall have no obligation to pay any Charges. The obligation
of the Trustor to pay the Charges is not affected or modified by the arrangements set out in this section. Payment by the
Beneficiary on any one or more occasions of all or any part of the Charges shall not be construed as obligating it to pay any
Charges on any other occasion. If the Beneficiary elects to pay any Charge, it shall not be required to do so at any time prior
to the date on which penalties, interest or collection fees begin to accrue. If the Beneficiary elects to pay any premium on any
policy of insurance required to be carried by the Truster, it may do so at any time prior to the cancellation of the policy.
In the event of the sale of the Premises by power of sale, or of the foreclosure of this Deed of Trust as a mortgage, any of the
moneys then remaining on deposit with the Beneficiary or its agent shall be applied against the Liabilities prior to the
commencement of such sale or such foreclosure proceedings. Any default by the Truster in the performance of the provisions of
this section shall constitute a default under this Deed of Trust.
6. Waste, Abandonment. The Trustor shall not abandon the Premises, commit or permit waste on the Premises, or do any
other act causing the Premises to become less valuable. The Trustor will keep the Premises in good order and repair and in
compliance in all material respects with any law, regulation, ordinance or contract affecting the Premises and, from time to
time, will make all needful and proper replacements so that all fixtures, improvements and Equipment will at all times be in
good condition, fit and proper for their respective purposes. Without limitation of the foregoing, nonpayment of the Charges
shall constitute waste. Should the Truster fail to effect any necessary repairs, the Beneficiary may, at its option and at the
expense of the Trustor, make the repairs for the account of the Trustor. The Truster shall use and maintain the Premises in
conformance with all applicable laws, ordinances and regulations. The Beneficiary and/or the Trustee, or their authorized
agents, shall have the right to enter upon and inspect the Premises at all reasonable times. The Trustor unconditionally agrees
to timely pay all fees with respect to inspections of the Premises.
7. Alterations, Removal. No building, structure, improvement, fixture, personal property or Equipment constituting any
part of the Premises shall be removed, demolished or substantially altered without the prior written consent of the
Beneficiary.
8. Payment of Other Obligations. The Trustor shall also pay all other obligations which may become liens or charges
against the Premises for any present or future repairs or improvements made on the Premises, or for any other goods,
services, or utilities furnished to the Premises and shall not permit any lien or charge of any kind securing the repayment of
borrowed funds (including the deferred purchase price for any property) to accrue and remain outstanding against the
Premises.
9. Assignment of Leases and Rents. As additional security for the Liabilities, the Trustor, by executing and delivering this
Deed of Trust, absolutely, unconditionally, irrevocably and immediately assigns, grants, conveys and sets over unto the
Beneficiary all of the Trustor's right, title and interest in and to all Leases and Rents. Copies of existing Leases and Lease
amendments have been delivered to the Beneficiary. The Trustor will provide copies of any future Leases and Lease
amendments to the Beneficiary.
Subject to the license granted to the Truster below, the Beneficiary shall have the complete right and authority, at any time
from and after the occurrence of any default in the payment or performance of any of the Liabilities or the occurrence of any
default under this Deed of Trust, to collect and receive the Rents. For this purpose, the Beneficiary is hereby given and
granted the following rights, powers and authority: (a) the Beneficiary may send notices to any and all tenants of the
Premises advising them of this assignment and directing all the Rents to be paid directly to the Beneficiary or the
Beneficiary's agent; (b) the Beneficiary may (i) enter upon and take possession of the Premises, (ii) demand, collect and
receive from the tenants (or from any other persons liable therefor) all of the Rents, (iii) institute and carry on all legal
proceedings necessary for the protection of the Premises, including such proceedings as may be necessary to recover
possession of the Premises and collect the Rents, (iv) remove any tenant or other persons from the Premises, (v) enter upon
the Premises to maintain the Premises and keep the same in repair, and pay the costs thereof and of all services of all
employees, including their equipment, and of all continuing costs and expenses of maintaining the Premises in proper repair
and condition and (vi) pay all taxes, assessments and water utilities and the premiums on fire and other insurance effected by
the Beneficiary on the Premises; (c) the Beneficiary may do any and all things necessary or advisable to execute and comply
with all applicable laws, rules, orders, ordinances and requirements of all governmental agencies; (d) the Beneficiary may (i)
rent or lease the whole or any part of the Premises for such term or terms and on such conditions as the Beneficiary may
deem appropriate, (ii) modify, terminate or accept the surrender of any Leases and/or (iii) waive, release, discharge or
compromise any Rents or any obligations of any of the tenants under any Leases; (e) the Beneficiary may make any payment,
including necessary costs, expenses and reasonable attorneys' fees and court costs, or perform any action, required of the
Truster under any Lease, without releasing the Trustor from the obligation to do so and without notice to or demand on the
Trustor; (f) the Beneficiary may engage such agent or agents as the Beneficiary may deem appropriate, either in the
Beneficiary's name or in the Trustees name, to rent and manage the Premises, including the collection and application of the
Rents; and (g) the Beneficiary may do all such other things and acts with respect to the Premises, the Leases and the Rents as
the Beneficiary may deem appropriate and may act exclusively and solely in the place and stead of the Truster. The
Beneficiary has all of the powers of the Trustor for the purposes stated above. The Beneficiary shall not be required to do any
of the foregoing acts or things and the fact that the Beneficiary shall have performed one or more of the foregoing acts or
things shall not require the Beneficiary to do any other specific act or thing. The foregoing rights and remedies of the
Beneficiary are in addition to and not in limitation of the rights and remedies of the Trustee and/or the Beneficiary at law, in
equity, under this Deed of Trust or under any of the other Related Documents. The exercise by the Beneficiary of any of the
foregoing rights and remedies shall not constitute a cure or waiver of any default in the payment or performance of any of the
Liabilities or of any default under this Deed of Trust.
Any Rents received by the Beneficiary shall be applied against the Liabilities in such order or manner as the Beneficiary shall
elect in its sole discretion.
The Trustor hereby irrevocably authorizes and directs the tenants under the Leases to pay the Rents to the Beneficiary upon
written demand by the Beneficiary, without further consent of the Trustor. The tenants may rely upon any written statement
delivered by the Beneficiary to the tenants. Any such payment to the Beneficiary shall constitute payment to the Truster
under the Leases. The provisions of this paragraph are intended solely for the benefit of the tenants and shall never more to
the benefit of the Truster or any person claiming through or under the Trustor, other than a tenant who has not received such
notice. This assignment is not contingent upon any notice or demand by the Beneficiary to the tenants.
This assignment shall not, prior to entry upon and taking possession of the Premises by the Beneficiary, be deemed to
constitute the Beneficiary a "mortgagee in possession", nor obligate the Beneficiary to: (a) appear in or defend any
proceedings relating to any of the Leases, the Rents or to the Premises; (b) take any action hereunder; (c) expend any money,
incur any expense or perform any obligation or liability under the Leases; or (d) assume any obligation for any deposits
delivered to the Trustor by any tenant and not delivered to the Beneficiary.
The Trustm consents to the appointment of a receiver for the Premises, without notice, if this is believed necessary or
desirable by the Beneficiary.
The Rents constitute cash collateral as defined under federal bankruptcy law
This assignment shall continue to be operative during the exercise of any power of sale, during any foreclosure or other
proceeding taken to enforce this Deed of Trust and during any redemption period.
Until the occurrence of any default in the payment or performance of any of the Liabilities or the occurrence of a default
under this Deed of Trust, the Trustor shall have a license, subject to the other covenants of the Trustor set forth in this
assignment, to (a) remain in possession and control of the Premises, (b) operate and manage the Premises and (c) collect the
Rents; provided that the granting of such license shall not constitute the Beneficiary's consent to the use of cash collateral in
any bankruptcy proceedings. The foregoing license shall automatically and immediately terminate, without notice to the
Trustor, upon the occurrence of any default in the payment or performance of any of the Liabilities or upon the occurrence of
any default under this Deed of Trust. Thereafter, the Trustor shall promptly pay or otherwise deliver to the Beneficiary all
Rents that the Truster may receive, and the Tiustor shall hold such Rents in trust for the benefit of the Beneficiary until so
paid or delivered to the Beneficiary.
The Trustor represents and covenants as follows
(1) The Trustor will fulfill and perform its obligations under all the Leases and give the Beneficiary prompt
notice of any default in the performance of the terms and conditions of the Leases by either the Trustor or the tenant, together
with copies of notices sent or received by the Trustor in connection with any Lease;
(ii) Without the prior written consent of the Beneficiary, the Truster shall not in any way, except with regards
to automobile dealerships affiliated with Truster and wholly-owned, directly or indirectly, by John Medved (a) enter into any
new Lease, (b) amend, modify, assign its interest under, cancel or terminate any Lease, (c) accept a surrender of any Lease,
(d) accept any payment of Rent under any Lease more than thirty (30) days in advance or (e) waive, release, discharge or
compromise any Rent or any of the tenant's obligations under any Lease, except that the Trustor may increase Lease rentals
without the Beneficiary's consent;
(iii) The Truster will appear and defend or prosecute any action growing out of any Lease at the Trustor's cost
and expense;
(iv) The Beneficiary may, but shall not be required to, make any payment including necessary costs, expenses
and reasonable attorneys' fees and court costs, or perform any action required of the Trustor under any Lease, without
releasing the Truster from the obligation to do so and without notice to or demand on the Trustor. The Trustor will,
immediately upon demand, reimburse the Beneficiary for all such costs, expenses and fees, together with interest at the
highest rate permitted by any instrument evidencing any of the Liabilities, all of which shall be added to the Liabilities;
(v) The Truster has not previously assigned any of its rights under any Lease. The Truster has not accepted
Rent more than thirty (30) days in advance of accrual. There is no present default under any Lease by either the Trustor or
any tenant. All existing Leases are in full force and effect and unmodified. To the best of the Trustor's knowledge, no person
or entity is in possession of the Premises, except pursuant to a valid and fully executed Lease that has been assigned to the
Beneficiary pursuant to this assignment. The Truster owns the Leases, is entitled to receive the Rents and has authority to
assign the Leases and the Rents to the Beneficiary as set forth in this assignment. The Trustor will enforce the tenant's
obligations under their respective Leases;
(vi) The Beneficiary shall not be obligated by this assignment to perform or dischargeany obligation under any
Lease; and
(vii) The Truster covenants not to execute any other assignment of the Leases or the Rents as security for any
debt without the prior written consent of the Beneficiary.
10. Assignment of Interest as Tenant or Purchaser. If the Trustor's interest in the Premises is that of a tenant or a
purchaser, the Trustor also grants, transfers, conveys and assigns to the Beneficiary and/or the Trustee, as additional security
for the Liabilities, all of the Trustor's right, title and interest in and to any Leases, land contracts or other agreements by
which the Trustor is leasing or purchasing all or any part of the Premises, including all modifications, renewals and
extensions, and all of the Trustor's right, title and interest in and to any purchase options contained in any such Leases or
other agreements. The Truster agrees to pay each installment of rent, principal and interest required to be paid by it under any
such Lease, land contract or other agreement when each installment becomes due and payable, whether by acceleration or
otherwise. The Truster further agrees to pay and perform all of its other obligations under any such Lease, land contract or
other agreement.
If the Truster defaults in the payment of any installment of rent, principal or interest, or in the payment or performance of any
other obligation, under any such Lease, land contract or other agreement, the Beneficiary shall have the right, but not the
obligation, to pay the installment or installments and to pay or perform the other obligations on behalf of and at the expense
of the Truster. If the Beneficiary receives a written notice of the Trustor's default under any such Lease, land contract or other
agreement, the Beneficiary may rely on that notice as cause to take any action it deems necessary or reasonable to cure the
default, even if the Truster questions or denies the existence or nature of the default.
11. Security Agreement. This Deed of Trust also constitutes a security agreement within the meaning of the Uniform
Commercial Code as is in effect from time to time in the state in which the Premises is located (the "UCC"). In addition, to
the extent that any Equipment or other personal property, tangible or intangible, that is included within the definition of the
Premises, and all proceeds, products and supporting obligations of any of the foregoing (the "Collateral") is not real property
but is covered by the UCC, the Truster grants to the Beneficiary a security interest in any such Collateral. Accordingly, the
Beneficiary and/or the Trustee shall each have all of the rights and remedies available to a secured party under the UCC.
Upon the occurrence of any default under this Deed of Trust, the Beneficiary and the Trustee shall have, in addition to the
remedies provided by this Deed of Trust, the right to use any method of disposition of collateral authorized by the UCC with
respect to any portion of the Premises subject to the UCC. The Beneficiary and/or the Trustee shall have the right to require
the Trustor to assemble the Collateral and make it available to the Beneficiary and/or the Trustee at a place designated by the
Beneficiary and/or the Trustee which is reasonably convenient to both parties, the right to take possession of the Collateral
with or without demand and with or without process of law, and the right to sell and dispose of the Collateral and distribute
the proceeds according to law. Should a default occur, the Trustor will pay to the Beneficiary and/or the Trustee all costs
reasonably incurred by the Beneficiary and/or the Trustee for the purpose of enforcing its rights hereunder, to the extent not
prohibited by law, including, without limitation: costs of foreclosure; costs of obtaining money damages; and a reasonable
fee for the services of internal and outside attorneys employed or engaged by the Beneficiary and/or the Trustee for any
purpose related to this security agreement, including, without limitation, consultation, drafting documents, sending notices or
instituting, prosecuting or defending litigation or any proceeding. The Trustor agrees that upon default the Beneficiary and/or
the Trustee may dispose of any of the Collateral in its then present condition, that the Beneficiary and/or the Trustee has no
duty to repair or clean the Collateral prior to sale, and that the disposal of the Collateral in its present condition or without
repair or clean-up shall not affect the commercial reasonableness of such sale or disposition. The Beneficiary's and/or the
Trustee's compliance with any applicable state or federal law requirements in connection with the disposition of the
Collateral will not adversely affect the commercial reasonableness of any sale of the Collateral. In connection with the right
of the Beneficiary and/or the Trustee to take possession of the Collateral, the Beneficiary and/or the Trustee may, without
liability on the part of the Beneficiary and/or the Trustee, take possession of any other items of property in or on the
Collateral at the time of taking possession and (told them for the TruStOr. If there is any statutory requirement for notice, that
requirement shall be met if the Beneficiary and/or the Trustee sends notice to the Trustor at least ten (10) days prior to the
date of the sale, disposition, or other event giving rise to the required notice. Upon the request of the Beneficiary and/or the
Trustee, the Trustor shall execute and file such financing statements and shall take any other action requested by the
Beneficiary and/or the Trustee to perfect and continue as perfected the Beneficiary's and/or the Trustee's security interests in
the Equipment and other personal property included in the definition of the Premises. The Trustor shall pay (and shall
reimburse the Beneficiary and/or the Trustee for) all costs, including attorneys' fees and court costs, of the preparation and
filing of any financing statements and the taking of any such other actions. A carbon, photographic or other reproduction of
this Deed of Trust is sufficient as, and can be filed as, a financing statement. The Beneficiary and/or the Trustee is
irrevocably appointed the Trustor's attorney-in-fact to execute any financing statement on the Trustor's behalf covering the
Equipment and other personal property, tangible or intangible, that is included within the definition of Premises.
Additionally, if permitted by applicable law, the Trustor authorizes the Beneficiary and/or the Trustee to file one or more
financing statements related to the security interests created by this Deed of Trust and further authorizes the Beneficiary
and/or the Trustee, instead of the Trustor, to sign such financing statements. The Trustor shall execute and deliver, or cause to
be executed and delivered, such other documents as the Beneficiary and/or the Trustee may from time to time request to
perfect or to further evidence the security interest created in the Collateral by this Deed of Trust. The Trustor further
represents and warrants to the Beneficiary that (a) its principal residence or chief executive office is at the address shown
above and (b) the Trustor's name as it appears in this Deed of Trust is identical to the name of the Trustor appearing in the
Trustor's organizational documents, as amended, including trust documents. The Trustor will not, without the Beneficiary's
prior written consent, change (a) the Trustor's name, (b) the Trustor's business organization, (c) the jurisdiction under which
the Trustor's business organization is formed or organized, or (d) the address of the Trustor's chief executive office or
principal residence or of any additional places of the Trustor's business.
12. Reimbursement of Advances. If the Trustor fails to perform any of its obligations under this Deed of Trust, or if any
action or proceeding is commenced which materially affects the Trustee's or the Beneficiary's interest in the Premises
(including but not limited to a lien priority dispute, eminent domain, code enforcement, insolvency, bankruptcy or probate
proceedings), then the Beneficiary at its sole option may make appearances, disburse sums and take any action it deems
necessary to protect the Beneficiary's and/or the Trustee's interests (including but not limited to disbursement of reasonable
attorneys' fees all(] court costs and entry upon the Premises to make repairs). Any amounts disbursed shall become additional
Liabilities, shall be inmmediately due and payable upon notice from the Beneficiary to the Trustor, and shall bear interest at
the highest rate permitted under any of the instruments evidencing any of the Liabilities. The Beneficiary's rights under this
section shall be in addition to all other rights and remedies of the Beneficiary and/or the Trustee under this Deed of Trust and
the other Related Documents. Any action taken by the Beneficiary under this section shall not be construed as curing any
default that gave rise to such action by the Beneficiary.
13. Due on Transfer. If all or any part of the Premises, except easements, rights-of-way, licenses, privileges and hereditaments
appurtenant to or used in connection with the Premises, or any interest in the Premises is transferred without the Beneficiary's
prior written consent, the Beneficiary may, at its sole option, declare the Liabilities to be immediately due and payable.
14. No Additional Lien. The Trustor covenants not to execute any mortgage, deed of trust, security agreement, assignment
of leases and rentals or other agreement granting a lien against the interest of the Trustor in the Premises without the prior
written consent of the Beneficiary, and then only when the document granting that lien expressly provides that it shall be
subject to the lien of this Deed of Trust for the full amount secured by this Deed of Trust and shall also be subject and
subordinate to all present and future leases affecting the Premises.
15. Eminent Domain. Notwithstanding any taking under the power of eminent domain, alteration of the grade of any road,
alley, or the like, or other injury or damage to or decrease in value of the Premises by any public or quasi-public authority or
corporation, the Trustor shall continue to pay the Liabilities in accordance with the terms of the Related Documents. By
executing this Deed of Trust, the Truster assigns, transfers and conveys the entire proceeds of any award or payment and any
interest to the Beneficiary. The Truster will notify the Beneficiary of any action or proceeding related to any taking of all or
any part of the Premises, shall defend that action or proceeding in consultation with the Beneficiary and shall, if requested by
the Beneficiary, deliver to the Beneficiary all documents and instruments that may be required to allow the Beneficiary to
directly participate in or control such action or proceeding. The proceeds of any taking or grant in lieu of any taking shall be
applied first toward reimbursement of all costs and expenses of the Beneficiary in collecting the proceeds, including
reasonable attorneys' fees and court costs, and then toward payment of the Liabilities, whether or not then due or payable, or
the Beneficiary, at its option, may apply the proceeds, or any part, to the alteration, restoration or rebuilding of the Premises.
16. Environmental Provisions. As used herein: the tern "Hazardous Substance" shall mean any substance, material, or
waste that is (a) included within the definitions of "hazardous substances," "hazardous materials," "hazardous waste," "toxic
substances," "toxic materials," "toxic waste," or words of similar import in any Environmental Law, (b) listed as hazardous
substances by the United States Department of Transportation or by the Environmental Protection Agency, or (c) petroleum,
petroleum-related, or a petroleum by-product, asbestos or asbestos-containing material, polychlorinated biphenyls,
flammable, explosive, radioactive, freon gas, radon, or a pesticide, herbicide, or any other agricultural chemical; and the term
"Environmental Law" shall mean any federal, state or local law, rule, regulation, decision, policy or guideline, pertaining to
Hazardous Substances, or protection of the environment, and all present and future amendments thereto. Except as disclosed
in writing by the Trustor to the Beneficiary, the Trustor represents and warrants to the Beneficiary that (i) neither the
Premises nor the Trustor are in violation of any Environmental Law applicable to the Premises, or are subject to any existing,
pending or threatened governmental investigation pertaining to the Premises, or are subject to any remedial obligation or lien
under or in connection with any Environmental Law, (ii) the Trustor has no actual knowledge or notice of the presence or
release of Hazardous Substances in, on or around any part of the Premises or the soil, groundwater or soil vapor on or under
the Premises, or the migration of any Hazardous Substance, from or to any other property in the vicinity of the Premises; and
(iii) the Trustor's intended future use of the Premises will not result in the release of any Hazardous Substance in, on or
around any part of the Premises or in the soil, groundwater or soil vapor on or under the Premises, or the migration of any
Hazardous Substance from or to any other property in the vicinity of the Premises.
The Trustor shall neither use nor permit any third party to use, generate, manufacture, produce, store, or release, on, under or
about the Premises, or transfer to or from the Premises, any Hazardous Substance, except in compliance with all
Environmental Laws, and shall otherwise comply, at the Trustor's sole expense and responsibility, with all Environmental
Laws, provided that if any such occurrence shall nevertheless happen, the Trustor shall promptly remedy such condition, at
its sole expense and responsibility. The Trustor shall not permit any environmental liens to be placed on any portion of the
Premises. The 'Trustor shall promptly notify the Beneficiary in writing if (a) any of the representations and warranties herein
are no longer accm ate, (b) there may be any Hazardous Substance in, on or around the Premises or the soil, groundwater or
soil vapor on or under the Premises, or (c) any violation of any Environmental Law on or affecting or otherwise in respect of
the Premises has occurred. The Beneficiary and its agents shall have the right, and are hereby authorized, at any reasonable
time to enter upon the Premises for the purposes of observing the Premises, taking and removing soil or groundwater
samples, and conducting tests and/or site assessments on the Premises, or taking such other actions as the Beneficiary deems
necessary or advisable to cleanup, remove, resolve, or minimize the impact of, or otherwise deal with, any Hazardous
Substances on or affecting the Premises following receipt of any notice from any person or entity asserting the existence or
possible existence of any Hazardous Substances pertaining to the Premises, that, if true, could jeopardize the Beneficiary's
security for the Liabilities. All reasonable costs and expenses paid or incurred by the Beneficiary in the exercise of any such
rights shall be secured hereby and shall be payable by the Trustor upon demand.
The Trustor shall indemnify and hold the Beneficiary harmless from, for and against any and all actions, causes of action,
claims, liabilities, damages (including foreseeable and unforeseeable consequential damages), losses, fines, penalties,
judgments, awards, settlements, and costs and expenses (including, without limitation, reasonable attorneys' fees, experts',
engineers' and consultants' fees, and costs and expenses of investigation, testing, remediation and dispute resolution)
(collectively referred to as "Environmental Costs") that directly or indirectly arise out of or relate in any way to: (a) Any
investigation, cleanup, removal, remediation, or restoration work of site conditions of the Premises relating to Hazardous
Substances; (b) Any resulting damages, harm, or injuries to the person or property of any third parties or to any natural
resources involving Hazardous Substances relating to the Premises; (c) Any actual or alleged past or present disposal,
generation, manufacture, presence, processing, production, release, storage, transportation, treatment, or use of any
Hazardous Substance on, under, or about the Premises; (d) Any actual or alleged past or present violation of any
Environmental Law relating to the Premises; (e) Any lien on any part of the Premises under any Environmental Law; or (f)
Breach of any representation or warranty by or covenant of the Trustor herein. Notwithstanding anything contained herein to
the contrary, the foregoing indemnity shall not apply to (i) matters resulting from the gross negligence or willful misconduct
of the Beneficiary, or (ii) matters resulting solely from the actions of the Beneficiary taken after the Beneficiary has taken
title to, or exclusive possession of the Premises, provided that, in both cases, such matters shall not arise from or be
accumulated with any condition of the Premises, which condition was not caused by the Beneficiary. The foregoing
indemnity is expressly intended to include, and does include, any Environmental Costs arising as a result of any strict
liability imposed or threatened to be imposed on the Beneficiary in connection with any of the indemnified matters
described in this Section or arising as a result of the negligence of the Beneficiary in connection with such matters.
This indemnity shall continue in full force and effect and shall survive the payment and performance of the Liabilities, the
release of record of the lien, or any foreclosure (or action in lieu thereof), of this Mortgage, the exercise by the Beneficiary of
any other remedy under this Mortgage or any other document or instrument evidencing or securing the Liabilities, and any
suit, proceeding orjudgment against the Truster by the Beneficiary hereon.
17. Events of Default; Remedies. If any of the Liabilities are not paid at maturity, whether by acceleration or otherwise, or
if a default occurs by anyone under the terms of this Deed of Trust, or any Related Documents, then the Beneficiary and/or
the Trustee may exercise all of the rights, powers and remedies expressly or implicitly conferred on or reserved to them under
this Deed of Trust or any other Related Document, or now or later existing at law or in equity, including without limitation
the following: (i) the Beneficiary may declare the Liabilities to be immediately due, (ii) the Beneficiary and/or the Trustee
may proceed at law or in equity to collect the Liabilities, sell the Premises by power of sale, foreclose this Deed of Trust as a
mortgage or otherwise pursue any of their rights or remedies available at law, in equity, pursuant to this Deed of Trust or
pursuant to any of the other Related Documents and (iii) the Beneficiary and/or the Trustee may exercise any of their rights,
powers or remedies pursuant to the UCC.
The Beneficiary shall be entitled as a matter of absolute right to the appointment of a receiver for the Premises on ex parte
application to any court of competent jurisdiction. The Truster waives any right to any hearing or notice of hearing prior to
the appointment of a receiver. It is the Truster's express intention and agreement pursuant to the provisions of Colorado
Revised Statures § 38-38-602(3) that the Beneficiary shall have the absolute right and be absolutely entitled to the
appointment of a receiver as provided herein.
The Beneficiary may foreclose this Deed of Trust, insofar as it encumbers the Premises, either by judicial action or through
the Trustee. Foreclosure through the Trustee will be initiated by the Beneficiary's filing of its notice of election and demand
for sale with the Trustee. Upon the filing of such notice of election and demand for sale, the Trustee shall promptly comply
with all notice and other requirements of the laws of Colorado then in force with respect to such sales, and shall give four
weeks public notice of the time and place of such sale by advertisement weekly in some newspaper of general circulation
then published in the County or City and County in which the Premises is located. Any sale conducted by the Trustee
pursuant to this section shall be held at the front door of the county courthouse for such County or City and County, or on the
Premises, or at such other place as similar sales are then customarily held in such County or City and County, provided that
the actual place of sale shall be specified in the notice of sale. The proceeds of any sale under this section shall be applied
first to the fees and expenses of the officer conducting the sale, and then to the reduction or discharge of the Liabilities in
such order as the Beneficiary may elect; any surplus remaining shall be paid over to the Truster to such other Person or
Persons as may be lawfully entitled to such surplus. At the conclusion of any foreclosure sale, the officer conducting the sale
shall execute and deliver to the purchaser at the sale a certificate of purchase, which shall describe the Premises sold to such
purchaser and shall state that upon the expiration of the applicable periods for redemption, the holder of such certificate will
be entitled to a deed to the Premises described in the certificate. After the expiration of all applicable periods of redemption,
unless the Premises sold has been redeemed by the Truster, the officer who conducted such sale shall, upon request, execute
and deliver an appropriate deed to the holder of the certificate of purchase or the last certificate of redemption, as the case
may be, and such deed shall operate to divest the Truster and all Persons claiming under the Premises described in the deed.
Nothing in this section dealing with foreclosure procedures or specifying particular actions to be taken by the Beneficiary or
by the Trustee or any similar officer shall be deemed to contradict or add to the requirements and procedures now or hereafter
specified by Colorado law, and any such inconsistency shall be resolved in favor of Colorado law applicable at the time of
foreclosure.
Without limitation, the receiver shall have the power to protect and preserve the Premises, operate the Premises prior to and
during any foreclosure proceedings, to collect the Rents and apply the proceeds, over and above the costs of the receivership,
to the Liabilities. The receiver shall serve without bond, if permitted by law.
The Premises may be sold in one parcel as an entirety or in such parcels, manner and order as the Beneficiary and/or the
Trustee may elect. The proceeds of any sale of the Premises, whether by power of sale or foreclosure, shall be retained by the
Beneficiary, up to the amount due on the Liabilities, including costs of sale and any environmental remediation or other costs
and expenses incurred by the Beneficiary and/or the Trustee in connection with the Liabilities and/or the Premises, including
without limitation, attorneys' fees and court costs. By executing this Deed of Trust, the Trustor waives, in the event of a sale
of the Premises by power of sale, a foreclosure of this Deed of Trust as a mortgage or the enforcement by the Beneficiary
and/or the Trustee of any other rights and remedies in this Deed of Trust, any right otherwise available in respect to
marshalling of assets which secure the Liabilities or to require the Beneficiary or the Trustee to pursue their remedies against
any other such assets. The Truster waives all errors and imperfections in any proceedings instituted by the Beneficiary and/or
the Trustee to enforce any of their rights and remedies. The exercise of any one right or remedy by the Beneficiary and/or the
Trustee under this Deed of Trust or any of the other Related Documents shall not impair or waive the Beneficiary's and/or the
Trustee's right to exercise any other rights or remedies available to either of them at law, in equity, under this Deed of Trust
or under any of the other Related Documents, all such rights and remedies being cumulative. All fees, costs and expenses
incurred by the Beneficiary and/or the Trustee in pursuing or enforcing their rights and remedies at law, in equity, under this
Deed of Trust or under any of the other Related Documents, whether or not a lawsuit or legal action is filed, including
attorneys' and paralegals' fees, shall be payable by the Trustor to the Beneficiary on demand and shall be secured by this
Deed of Trust.
18. Pledge. If the Truster is not liable for al I or any part of the Liabilities, then the Truster agrees that:
I. If any moneys become available from any source other than the Premises that the Beneficiary can apply to the Liabilities,
the Beneficiary may apply them in any manner it chooses, including but not limited to applying them against obligations,
indebtedness or liabilities which are not secured by this Deed of Trust.
2. The Beneficiary may take any action against the Borrower, the Premises or any other collateral for the Liabilities, or any
other person liable for any of the Liabilities.
3. The Beneficiary may release the Borrower or anyone else from the Liabilities, either in whole or in part, or release the
Premises in whole or in part or any other collateral for the Liabilities, and need not perfect a security interest in the
Premises or any other collateral for the Liabilities.
4. The Beneficiary does not have to exercise any rights that it has against the Borrower or anyone else, or make any effort
to realize on the Premises or any other collateral for the Liabilities, or exercise any right of setoff.
5. Without notice or demand and without affecting the Trustor's obligations hereunder, from time to time, the Beneficiary is
authorized to: (a) renew, modify, compromise, extend, accelerate or otherwise change the time for payment of, or
otherwise change the terms of the Liabilities or any part thereof, including increasing or decreasing the rate of interest
thereon; (b) release, substitute or add any one or more sureties, endorsers, or guarantors; (c) take and hold other collateral
for the payment of the Liabilities, and enforce, exchange, substitute, subordinate, waive or release any such collateral; (d)
proceed against the Premises or any other collateral for the Liabilities and direct the order or manner of sale as the
Beneficiary in its discretion may determine; and (e) apply any and all payments received by the Beneficiary in
connection with the Liabilities, or recoveries from the Premises or any other collateral for the Liabilities, in such order or
manner as the Beneficiary in its discretion may determine.
6. The Trustor's obligations hereunder shall not be released, diminished or affected by (a) any act or omission of the
Beneficiary, (b) the voluntary or involuntary liquidation, sale or other disposition of all or substantially all of the assets
of the Borrower, or any receivership, insolvency, bankruptcy, reorganization, or other similar proceedings affecting the
Borrower or any of its assets, (c) any change in the composition or structure of the Borrower, including a merger or
consolidation with any other person or entity, or (d) any payments made upon the Liabilities.
7. The Trustor expressly consents to any impairment of any other collateral for the Liabilities, including, but not limited to,
failure to perfect a security interest and release of any other collateral for the Liabilities and any such impairment or
release shall not affect the Truster's obligations hereunder.
8. The Trustor waives and agrees not to enforce any rights of subrogation, contribution or indemnification that it may have
against the Borrower, any person liable on the Liabilities, or the Premises, until the Borrower and the Trustor have fully
performed all their obligations to the Beneficiary, even if those obligations are not covered by this Deed of Trust.
10
9. The Trustor waives (a) to the extent permitted by law, all rights and benefits under any laws or statutes regarding
sureties, as may be amended, (b) any right the Trustor may have to receive notice of the following matters before the
Beneficiary enforces any of its rights: (i) the Beneficiary's acceptance of this Deed of Trust, (ii) any credit that the
Beneficiary extends to the Borrower, (iii) the Borrower's default, (iv) any demand, diligence, presentment, dishonor and
protest, or (v) any action that the Beneficiary takes regarding the Borrower, anyone else, any other collateral for the
Liabilities, or any of the Liabilities, which it might be entitled to by law or under any other agreement, (c) any right it
may have to require the Beneficiary to proceed against the Borrower, any other obligor or guarantor of the Liabilities, the
Premises or any other collateral for the Liabilities, or pursue any remedy in the Beneficiary's power to pursue, (d) any
defense based on any claim that the Trusters obligations exceed or are more burdensome than those of the Borrower, (e)
the benefit of any statute of limitations affecting the Trustor's obligations hereunder or the enforcement hereof, (f) any
defense arising by reason of any disability or other defense of the Borrower or by reason of the cessation from any cause
whatsoever (other than payment in full) of the obligation of the Borrower for the Liabilities, and (g) any defense based
on or arising out of any defense that the Borrower may have to the payment or performance of the Liabilities or any
portion thereof. The Beneficiary may waive or delay enforcing any of its rights without losing them. Any waiver affects
only the specific terms and time period stated in the waiver.
10. The Truster agrees that to the extent any payment is received by the Beneficiary in connection with the Liabilities, and
all or any part of such payment is subsequently invalidated, declared to be fraudulent or preferential, set aside or required
to be repaid by the Beneficiary or paid over to a trustee, receiver or any other entity, whether under any bankruptcy act or
otherwise (any such payment is hereinafter referred to as a "Preferential Payment"), then this Deed of Trust shall
continue to be effective or shall be reinstated, as the case may be, and whether or not the Beneficiary is in possession of
this Deed of Trust, and, to the extent of such payment or repayment by the Beneficiary, the Liabilities or part thereof
intended to be satisfied by such Preferential Payment shall be revived and continued in full force and effect as if said
Preferential Payment had not been made. If this Deed of Trust must be reinstated, the Truster agrees to execute and
deliver to the Beneficiary any new deeds of trust and agreements, if necessary or if requested by the Beneficiary, in form
and substance acceptable to the Beneficiary, covering the Premises.
11. Any rights of the Truster, whether now existing or hereafter arising, to receive payment on account of any indebtedness
(including interest) owed to the Trustor by the Borrower, or to withdraw capital invested by the Trustor in the Borrower,
or to receive distributions from the Borrower, shall at all times be subordinate to the full and prior repayment to the
Beneficiary of the Liabilities. The Trustor shall not be entitled to enforce or receive payment of any suns hereby
subordinated until the Liabilities have been paid in full and any such suns received in violation of this Deed of Trust
shall be received by the Truster in trust for the Beneficiary. The Trustor agrees to fully cooperate with the Beneficiary
and not to delay, impede or otherwise interfere with the efforts of the Beneficiary to secure payment from the assets
which secure the Liabilities including actions, proceedings, motions, orders, agreements or other matters relating to relief
from automatic stay, abandonment of property, use of cash collateral and sale of the Beneficiary's collateral free and
clear of all liens. The foregoing notwithstanding, until the occurrence of any default, the Truster is not prohibited from
receiving distributions from the Borrower in an amount equal to any income tax liability imposed on the Trustor
attributable to the Trustor's ownership interest in the Borrower, if any.
19. Representations by the Trustor. Each Trustor represents that: (a) it owns the Premises in fee title subject only to the
Permitted Encumbrances; (b) the execution and delivery of this Deed of Trust and the performance of the obligations it
imposes do not violate any law, conflict with any agreement by which it is bound or require the consent or approval of any
governmental authority or any third party; (c) this Deed of Trust is a valid and binding agreement enforceable according to its
terms; (d) any balance sheets, profit and loss statements, and other financial statements furnished to the Beneficiary in
connection with the Liabilities are accurate and fairly reflect the financial condition of the organizations and persons to which
they apply on their effective dates, including contingent liabilities of every type, which financial condition has not changed
materially and adversely since those dates; and (e) it shall not permit any proceedings in foreclosure or otherwise that would
affect the Premises. Each Truster, other than a natural person, further represents that: (i) it is duly organized, existing and in
good standing pursuant to the laws under which it is organized and (ii) the execution and delivery of this Deed of Trust and
the performance of the obligations it imposes (A) are within its powers and have been duly authorized by all necessary action
of its governing body and (B) do not contravene the terms of its articles of incorporation or organization, its by-laws, or any
partnership, operating or other agreement governing its affairs.
20. Notice. Any notices and demands under or related to this document shall be in writing and delivered to the intended party
at its address stated herein, and if to the Beneficiary, at its main office if no other address of the Beneficiary is specified
herein, by one of the following means: (a) by hand, (b) by a nationally recognized overnight courier service, or (c) by
certified mail, postage prepaid, with return receipt requested. Notice shall be deemed given: (a) upon receipt if delivered by
hand, (b) on the Delivery Day after the day of deposit with a nationally recognized courier service, or (c) on the third
Delivery Day after the notice is deposited in the mail. "Delivery Day" means a day other than a Saturday, a Sunday or any
other day on which national banking associations are authorized to be closed. Any party may change its address for purposes
of the receipt of notices and demands by giving notice of such change in the manner provided in this provision. This notice
provision shall be inapplicable to any judicial or non-judicial proceeding where state law governs the manner and timing of
notices in foreclosure or receivership proceedings.
21. Miscellaneous. If any provision of this Deed of Trust is in conflict with any statute or rule of law or is otherwise
unenforceable for any reason whatsoever, then that provision is null and void to the extent of the conflict or unenforceability
and shall be severed from but shall not invalidate any other provision of this Deed of Trust. No waiver by the Beneficiary or
the Trustee of any right or remedy granted or failure to insist on strict performance by the Trustor waives any other right or
remedy of the Beneficiary and/or the Trustee or waives or bars the subsequent exercise of the same right or remedy by the
Beneficiary and/or the Trustee for any subsequent default by the Trustor. All rights and remedies of the Beneficiary and the
Trustee are cumulative.
These promises and agreements bind and these rights benefit the parties and their respective successors and assigns. If there is
more than one Trustor, the obligations under this Deed of Trust arejoint and several. The Truster agrees that the Beneficiary may
at any time sell or transfer one or more participation interests in all or any part of the Liabilities to one or more purchasers whether
or not related to the Beneficiary.
This Deed of Trust and the Related Documents constitute the entire understanding of the parties hereto and may not be amended
or altered except by a written instrument that has been signed by the party(ies) against which enforcement of the amendment or
alteration is sought.
Captions in this Deed of Trust are for convenience of reference only and do not limit the provisions of this Deed of Trust
Time is of the essence in this Deed of Trust.
The acceptance by the Trustee of this Deed of Trust shall be evidenced when this Deed of Trust, duly executed and
acknowledged, is made of public record as provided by law. The trust created hereby is irrevocable.
There shall be no merger of the estate or interest created by this Deed of Trust with any other estate or interest in the Premises at
any time held by ca for the benefit of the Beneficiary, in any capacity, without the written consent of the Beneficiary.
The Beneficiary, at the Beneficiary's option, with or without cause, may from time to time remove the Trustee and appoint a
successor trustee to any Trustee appointed under this Deed of Trust, and the Trustee may, at its option, with or without cause,
resign and appoint a successor trustee to any Trustee appointed under this Deed of Trust, in each case, by an instrument
recorded in the county in which this Deed of Trust is recorded. Without conveyance of the Property, the successor trustee
shall succeed to all the title, power and duties conferred upon the Trustee and by applicable law.
22. Governing Law and Venue. This Deed of Trust is delivered in the State of Colorado and governed by Colorado law
(without giving effect to its laws of conflicts); provided, however, that if the real estate that is the subject of this Deed of
Trust is located in another state, the laws of such other state shall govern the validity, enforceability, perfection, priority,
construction, effect, enforcement and remedies with respect to this Deed of Trust, but nothing herein shall be, construed to
provide that the laws of any state other than the State of Colorado shall apply to the obligations and indebtedness secured by
this Deed of Trust. The Truster agrees that any legal action or proceeding with respect to any of its obligations under this
Deed of Trust may be brought by the Beneficiary in any state or federal court located in the State of Colorado, as the
Beneficiary in its sole discretion may elect. By the execution and delivery of this Deed of Trust, the Trustor submits to and
accepts, for itself and in respect of its property, generally and unconditionally, the non-exclusive jurisdiction of those courts.
The Truster waives any claim that the State of Colorado is not a convenient forum or the proper venue for any such suit,
action or proceeding.
23. Indemnification. In addition to the indemnification provisions described in the section captioned "Environmental
Provisions" of this Deed of Trust, the Trustor agrees to indemnify, defend and hold the Trustee, the Beneficiary and
JPMorgan Chase & Co., or any of its subsidiaries or affiliates or their successors, and each of their respective shareholders,
directors, officers, employees and agents (collectively, the "Indemnified Persons") harmless from any and all obligations,
12
claims, liabilities, losses, damages, penalties, fines, forfeitures, actions, judgments, suits, costs, expenses and disbursements
of any kind or nature (including, without limitation, any Indemnified Person's attorneys' fees) (collectively, the "Claims")
which may be imposed upon, incurred by or assessed against any Indemnified Person. (whether or not caused by any
Indemnified Person's sole, concurrent, or contributory negligence) arising out of or relating to this Deed of Trust; the
Trustor's use of the property covered by this Deed of Trust; the exercise of the rights and remedies granted under this Deed of
Trust (including, without limitation, the enforcement of this Deed of Trust and the defense of any Indemnified Person's action
or inaction in connection with this Deed of Trust); and in connection with the Trustor's failure to perform all of the Trustor's
obligations under this Deed of Trust, except to the limited extent that the Claims against any such Indemnified Person are
proximately caused by such Indemnified Persons gross negligence or willful misconduct. The indemnification provided for
in this section shall survive the termination of this Deed of Trust and shall extend to and continue to benefit each individual
or entity who is or has at any time been an Indemnified Person.
The Trustor's indemnity obligations under this section shall not in any way be affected by the presence or absence of covering
insurance, or by the amount of such insurance or by the failure or refusal of any insurance carrier to perform any obligation
on its part under any insurance policy or policies affecting the Trustor's assets or the Trustor's business activities. Should any
Claim be made or brought against any Indemnified Person by reason of any event as to which the Trustor's indemnification
obligations apply, then, upon any Indemnified Person's demand, the Trustor, at its sole cost and expense, shall defend such
Claim in the Trustor's name, if necessary, by the attorneys for the Trustor's insurance carrier (if such Claim is covered by
insurance), or otherwise by such attorneys as any Indemnified Person shall approve. Any Indemnified Person may also
engage its own attorneys at its reasonable discretion to defend the Indemnified Person and to assist in its defense and the
Trustor agrees to pay the fees and disbursements of such attorneys.
24. Information Waiver. The Trustor agrees that the Beneficiary may provide any information or knowledge the
Beneficiary may have about the Trustor or about any matter relating to this Deed of Trust or the Related Documents to
JPMorgan Chase & Co., or any of its subsidiaries or affiliates or their successors, or to any one or more purchasers or
potential purchasers of all orally part of the Liabilities and/or the Related Documents.
25. WAIVER OF SPECIAL DAMAGES. THE TRUSTOR WAIVES, TO THE MAXIMUM EXTENT NOT
PROHIBITED BY LAW, ANY RIGHT THE UNDERSIGNED MAY HAVE TO CLAIM OR RECOVER FROM THE
BENEFICIARY IN ANY LEGAL ACTION OR PROCEEDING ANY SPECIAL, EXEMPLARY, PUNITIVE OR
CONSEQUENTIAL DAMAGES.
26. JURY WAIVER. THE TRUSTOR, THE TRUSTEE AND THE BENEFICIARY (BY THEIR ACCEPTANCE
HEREOF) HEREBY VOLUNTARILY, KNOWINGLY, IRREVOCABLY AND UNCONDITIONALLY WAIVE ANY
RIGHT TO HAVE A JURY PARTICIPATE IN RESOLVING ANY DISPUT HETHER BASED ON CONTRACT,
TORT, OR OTHERWISE) BETWEEN THE TRUSTOR, THE TRUSTEE - T BENEFICIARY ARISING OUT OF
OR IN ANYWAY RELATED TO THIS DOCUMENT. THIS PROV ON IS A MATERIAL INDUCEMENT TO THE
BENEFICIARY TO PROVIDE THE FINANCING DESCRIBED IJB IN.
Bear Land
By:
,d
13
ACKNOWLEDGMENT
State of
ss
County of 7
The foregoing instrument was acknowledged before me on 20_x, by AA70 Given under my hand and notarial seal this (~21 St day of 20
/26/ Notary Public
My Com mission expires:
Case No.:
UP0601 _ _
Quarter Section Map No.:
W76
App: Last Name:
Medved Autoplex -
J
Related Cases:
1_7
77~
App: First Name:
clo Dennis Polk J
Case History:
-Year porary Structure)
Owner: Last Name:
Medved
F
Owner: Firs t Name:
oI
m
App Address:
1667 Cule Blvd, Bldg 19
-1
Review Body:
BOA 5125/06
City, State Zip:
Golden CO 80401
JI
A
: Phone:
233
7838
03
APN:
39-163.02.001
7
pp
3
-
-
Owner Address:
11001 W. I-70 F.R.N.
2nd Review Body:
City/State/Zip:
heat Rije,CO 80033
_ j
2nd Review Date:
Owner Phone:
303-421-0100
Decision-making Body:
BOA: 5125106
Project Address:
11001
A
roval/Denial Date:
~
pp
512512006
Street Name:
est 1-70 F.R.N.
City/State, Zip:
heat Ridge CO80033
_I
Res-/Ordinance No.:
-J
Case Disposition: pproved
Conditions of Approval:
1) Written permission shall
be obtained from Xcel
Energy to allow
ncroachment into their
Project Planner: Reckert____
File Location: Closed
Notes:
Follow-Up:
District: IV
Date Received: /2812006
Pre-App Date:
ill.'...~r