Loading...
HomeMy WebLinkAboutMS-17-02r,�Q I�I�WIOflI@IEIGI�MINYII P om '2017076229 07/25/2017 12:05:07 PM 17 Page(s) JEFFERSON COUNTY, Colorado SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT made this 29th of June, 2017_ by and between the CITY OF WHEAT RIDGE, COLORADO, a home rule municipal corporation (the "City"), and I �' , (the "Developer"), together referred to as the "Parties". RECITALS: The Developer is the owner of certain real property located in the City of Wheat Ridge, which is more particularly described in Exhibit A and made a part hereof (the "Property"), commonly known as Stor-All Youngfield On July 12, 2017, the City of Wheat Ridge, approved the final plat for the Property titled Stor-All Youngfield. A copy of the Final Plat is attached hereto as Exhibit B and incorporated herein. The approvals cited above are contingent upon the express condition that all duties created by this Agreement be faithfully performed by the Developer. AGREEMENT NOW, therefore, for and in consideration of the mutual promises and covenants contained herein, the sufficiency of which are mutually acknowledged, the parties hereto agree as follows: 1. Purpose. The purpose of this Agreement is to set forth the terms, conditions, and fees to be paid by the Developer upon subdivision of the Property. All conditions contained herein are in addition to any and all requirements of the City of Wheat Ridge Subdivision Ordinance and Zoning Ordinance, the City of Wheat Ridge Charter, any and all state statutes, and any other sections of the City of Wheat Ridge Municipal Code and are not intended to supersede any requirements contained therein. 2. Fees. The Developer hereby agrees to pay City Development Review fees to the City for engineering, hydrological, surveying, legal, and other services rendered in connection with the review of the subdivision of the Property. 3. Title Policy. Prior to recording of the final plat (or, if no plat is associated with the development; prior to and as a condition of final approval of the development by the City), title commitment for all those portions of the Property, as well as any other interests in real property (easements, etc.) to be reserved for public purposes or dedicated to the City shall be provided to the City. The title commitment shall show that all such property is or shall be, subsequent to the execution and recording of this SUBDIVISION IMPROVEMENT AGREEMENT 7-17 Agreement, free and clear of all liens and encumbrances (other than real estate taxes which are not yet due and payable) which would make the dedication or reservation unacceptable as the City determines in its reasonable discretion. The City, in its sole discretion, may accept any dedication regardless of encumbrances. The title policy evidenced by the title commitment shall be provided within thirty (30) days after the recording of this Agreement, in an amount equal to the fair market value of the property so dedicated or reserved. 4. Breach by the Developer; the City's Remedies. In the event of a breach of any of the terms and conditions of this Agreement by the Developer, the City Council shall be notified immediately and the City may take such action as permitted and/or authorized by law, this Agreement, or the ordinances and Charter of the City as the City deems necessary to protect the public health, safety and welfare; to protect lot buyers and builders; and to protect the citizens of the City from hardship and undue risk. These remedies include, but are not limited to: (a) The refusal to issue any building permit or certificate of occupancy; (b) The revocation of any building permit previously issued under which construction directly related to such building permit has not commenced, except a building previously issued to a third party, (c) A demand that the security given for the completion of the Public Improvements be paid or honored, or (d) Any other remedy available at law or in equity. Unless necessary to protect the immediate health, safety and welfare of the City or to protect the City's interest with regard to security given for the completion of the Public Improvements, the City shall provide the Developer thirty (30) days written notice of its intent to take any action under this paragraph during which thirty day period the Developer may cure the breach described in the notice. 5. Public Improvements and Warranty. All storm sewer lines, drainage structures, paved streets, curb, gutter and sidewalk, including the undergrounding of all overhead utilities, and necessary appurtenances as shown on the subdivision plat and the associated construction documents (the "Public Improvements" or "Improvements") as approved by the Director of Public Works or designee of the City, shall be installed and completed at the expense of the Developer within the timeframes set forth in Section 10 of this Agreement. The itemized costs of the Public Improvements required by this Agreement and shown on the construction documents approved by the Director of Public Works of the City are set forth on Exhibit C. All Public Improvements covered by this Agreement shall be made in accordance with the construction documents drawn according to regulations and construction standards for such improvement and approved by the Director of Public Works of the City. It is understood by the Parties that the description of the Public Improvements may be general in nature, and that reasonable modifications of the scope, nature, costs, and similar aspects of the Public SUBDIVISION IMPROVEMENT AGREEMENT 7-17 2 Improvements may be necessary to secure final approval of the Public Improvements. The quantities and locations for the Public Improvements are based on information that was available at the time of approval of the Final Plat. Additional Public Improvements may be required, and Developer shall be responsible for submitting revisions to the Final Plat approved by the City. The Developer shall also warrant any and all Public Improvements which are conveyed to the City pursuant to this Agreement for a period of two (2) years from the date the City's Director of Public Works certifies that the same conforms to the specifications approved by the City. Specifically, but not by way of limitation, the Developer shall warrant the following: (a) That the title conveyed shall be marketable and its transfer rightful; (b) Any and all facilities conveyed shall be free from any security interest or other lien or encumbrance; and (c) Any and all facilities so conveyed shall be free of defects in materials or workmanship for a period of two (2) years as stated above. (d) To the degree the Developer is required to install and maintain landscaping on public or private property, it is the obligation of Developer and its successors and assigns, to maintain the required landscaping in perpetuity. The City will finally accept for maintenance all Public Improvements, exclusive of landscaping materials, after the warranty period has expired provided all warranty work has been completed. The City shall accept for snow removal purposes only, all dedicated public streets after the City issues the first certificate of occupancy. 6. Observation, Inspection and Testing. The City shall have the right to require reasonable engineering observations and testing at the Developer's expense. Observation and testing, acquiescence in, or approval by any engineering inspector of the construction of physical facilities at any particular time shall not constitute the approval by the City of any portion of the construction of such Public Improvements. Such approval shall be made by the City, only after completion of construction and in the manner hereinafter set forth. The Director is designated by the City to exercise authority on its behalf under this Agreement and to see that this Agreement is performed according to its terms. Work under this Agreement may, without cost or claim against the City, be suspended by the Director for substantial cause. SUBDIVISION IMPROVEMENT AGREEMENT 7-17 The Director shall, within a reasonable time after presentation, make decisions in writing on all claims of Developer and on all other matters relating to the execution and progress of the work or the interpretation of this Agreement, the master plan and specifications. All such decisions of the Director shall be final. The Director shall make all determinations of amounts and quantities of work performed hereunder. To assist him in this work Developer shall make available for inspection any records kept by Developer. The Director shall make all determinations of amounts and quantities of work performed hereunder. To assist him in this work Developer shall make available for inspection any records kept by Developer. The Director and his authorized representatives shall have free access to the work at all times, and Developer shall furnish them with facilities for ascertaining whether the work being performed, or the work which has been completed, is in accordance with the requirements of the Agreement. The Director will make periodic observations of construction (sometimes commonly referred to as "supervision"). The purpose of these observations and construction checking is to determine the progress of the work and to see if the work is being performed in accordance with the plans and specifications. He will in no way be responsible for how the work is performed, safety in, on, or about the job site, methods of performance, or timeliness in the performance of the work. Inspectors may be appointed to inspect materials used and work done. Inspections may extend to all or any part of the work and to the preparation or manufacture of the materials to be used. The inspectors will not be authorized to alter the provisions of this Agreement or any specifications or to act as foreman for Developer. The Inspector will have authority to reject defective materials and to suspend any work that is being done improperly, subject to the final decision of the Director. 7. Completion of Public Improvements. The obligations of the Developer provided for in paragraph 6 of this Agreement, including the inspections hereof, shall be performed on or before August 1, 2018, and proper application for acceptance of the Public Improvements shall be made on or before such date. Upon completion of construction by the Developer of such Improvements, the City's Director of Public Works or designee, shall inspect the Improvements and certify with specificity its conformity or lack thereof to the City's specifications. The Developer shall make all corrections necessary to bring the Improvements into conformity with the City's specifications. Once approved by the City's Director of Public Works, the City shall accept said Improvements upon conveyance; provided, however, the City shall not be obligated to SUBDIVISION IMPROVEMENT AGREEMENT 7-17 accept the Public Improvements until the actual costs described in this Agreement are paid in full by the Developer. 8. Protection. Developer, at its expense, shall continuously maintain adequate protection of all Improvements from damage prior to acceptance by the City and shall protect the City's property from injury and loss arising in connection with this Agreement. Developer shall make good any such damage, injury or loss except such as may be caused directly by authorized agents or employees of the City. Developer shall adequately protect adjacent property and shall provide and maintain all passageways, guard fences, lights and other facilities for protection required by public authority or local conditions. Developer shall be responsible for damage to any public and private property on and adjacent to the site of Developer's Improvements caused by negligent or willful acts of Developer, its agents or subcontractors. Developer shall take all reasonable effort necessary to prevent damage to pipes, conduits, and other underground structures and to overhead wires, and to water quality. Developer shall protect carefully from disturbance or damage all land monuments and property marks until an authorized agent of the City has witnessed or otherwise referenced their location, and shall not remove them until directed. When any direct or indirect damage or injury is done to public or private property by or on account of any act, omission, neglect or misconduct in the construction of Improvements, or in consequence of the non -execution thereof on his part, such damaged property shall be restored by Developer at its own expense to a condition similar or equal to that existing before such damage or injury. Developer shall at all times, whether or not so specifically directed by the Director, take necessary precautions to insure the protection of the public. Developer shall furnish, erect and maintain, at its own expense, all necessary barricades, suitable and sufficient red lights, construction signs, provide a sufficient number of watchmen, and take all necessary precautions for the protection of the work and safety of the public through or around his construction operations as Developer and the Director shall deem reasonably necessary. 9. Related Costs - Public Improvements. The Developer shall provide all necessary engineering designs, surveys, field surveys, testing and incidental services related to the construction of the Public Improvements at its sole cost and expense, including final drainage study letter certified accurate by a professional engineer registered in the State of Colorado. 10. Improvements to be the Property of the City. All Public Improvements for roads, concrete curb and gutters, public storm sewers and public drainage improvements accepted by the City shall be dedicated to the City and warranted for a period of twenty-four (24) months following acceptance by the City, as provided above. SUBDIVISION IMPROVEMENT AGREEMENT 7-17 5 11. Performance Guarantee. In order to secure the construction and installation of the Public Improvements the Developer shall, prior to recording the Final Plat, if applicable, in the real estate records of Jefferson County, which recording shall c P occur no later than ninety (90) days after the execution of this Agreement, furnish the City, at the Developer's expense, with the Performance Guarantee described herein. The Performance Guarantee provided by the Developer shall be an irrevocable letter of credit in which the City is designated as beneficiary, for one hundred twenty-five percent (125%) of the estimated costs of the Public Improvements to be constructed and installed as set forth in Exhibit C, if applicable to secure the performance and completion of the Public Improvements as required by Section 26-418 Security for Required Improvements, of the Wheat Ridge Subdivision Regulations. The Developer agrees that approval of this Agreement by the City is contingent upon the Developer's provision of an irrevocable letter of credit to the City within ninety (90) days of the execution of this Agreement in the amount and form provided herein. Failure of the Developer to provide an irrevocable letter of credit to the City in the manner provided herein shall negate the City's approval of this Agreement. Letters of credit shall be substantially in the form and content set forth in Exhibit D, if applicable, and shall be subject to the review and approval of the City Attorney. The Developer shall not start any construction of any public or private improvement on the Property including, but not limited to, staking, earthwork, overiot grading or the erection of any structure, temporary or otherwise, until the City has received and approved the irrevocable letter of credit. The estimated costs of the Public Improvements shall be a figure mutually agreed upon by the Developer and the City's Director of Public Works, as set forth in Exhibit C if applicable. If, however, they are unable to agree, the Director of Public Works' estimate shall govern after giving consideration to information provided by the Developer including, but not limited to, construction contracts and engineering estimates. The purpose of the cost estimate is solely to determine the amount of security. No representations are made as to the accuracy of these estimates, and the Developer agrees to pay the actual costs of all such Public Improvements. The estimated costs of the Public Improvements may increase in the future. Accordingly, the City reserves the right to review and adjust the cost estimate on an annual basis. If the City adjusts the cost estimate for the Public Improvements, the City shall give written notice to the Developer. The Developer shall, within thirty (30) days after receipt of said written notice, provide the City with a new or amended letter of credit in the amount of the adjusted cost estimates. If the Developer refuses or fails to so provide the City with a new or amended letter of credit, the City may exercise the remedies provided for in this Agreement; provided, however, that prior to increasing the amount of additional security required, the City shall give credit to the Developer for all required Public Improvements which have actually been completed so that the amount of security required at all time shall relate to the cost of required Public Improvements not yet constructed. SUBDIVISION IMPROVEMENT AGREEMENT 7-17 In the event the Public Improvements are not constructed or completed within the period of time specified by paragraph 9 of this Agreement or a written extension of time mutually agreed upon by the parties to this Agreement, the City may draw on the letter of credit to complete the Public Improvements called for in this Agreement. In the event the letter of credit is to expire within fourteen (14) calendar days and the Developer has not yet provided a satisfactory replacement, the City may draw on the letter of credit and either hold such funds as security for performance of this Agreement or spend such funds to finish Public Improvements or correct problems with the Public Improvements as the City deems appropriate. Upon completion of performance of such improvements, conditions and requirements within the required time, the Developer shall issue an irrevocable letter of credit to the City in the amount of twenty-five percent (25%) of the total cost of construction and installation of the Public Improvements, to be held by the City during the warranty period. If the Public Improvements are not completed within the required time, the monies may be used to complete the improvements. 12. Indemnification. The Developer shall indemnify and hold harmless the City and its officers, employees, agents or servants from any and all suits, actions, and claims of every nature and description caused by, arising from or on account of this Agreement any act or omission of the Developer, or of any other person or entity for whose act or omission the Developer is liable, with respect to the Public Improvements; and the Developer shall pay any and all judgments rendered against the City as a result of any suit, action, or claim, together with all reasonable expenses and attorney's fees and costs incurred by the City in defending any such suit, action or claim. The Developer shall pay all property taxes on the Property dedicated to the City and shall indemnify and hold harmless the City for any property tax liability. 13. Waiver of Defects. In executing this Agreement, the Developer waives all objections it may have concerning defects, if any, in the formalities whereby it is executed, or concerning the power of the City to impose conditions on the Developer as set forth herein, and conceming the procedure, substance, and form of the ordinances or resolutions adopting this Agreement. 14. Third Party Beneficiaries. There are and shall be no third party beneficiaries to this Agreement. 15. Modifications. This instrument embodies the whole agreement of the Parties. There are no promises, terms, conditions, or obligations other than those contained herein; and this Agreement shall supersede all previous communications, representations, or agreements, either verbal or written, between the parties. There shall be no modification of this Agreement except in writing, executed with the same SUBDIVISION IMPROVEMENT AGREEMENT 7-17 formalities as this instrument. Subject to the conditions precedent herein, this Agreement may be enforced in any court of competent jurisdiction. 16. Release of Liability. It is expressly understood that the City cannot be legally bound by the representations of any of its agents or their designees except in accordance with the City of Wheat Ridge Code of Ordinances and the laws of the State of Colorado. 17. Captions. The captions to this Agreement are inserted only for the purpose of convenient reference and in no way define, limit, or prescribe the scope or intent of this Agreement or any part thereof. 18. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors, and assigns as the case may be. 19. No Waiver. No waiver of any of the provisions of this Agreement shall be deemed or constitute a waiver of any other provisions herein, nor shall such waiver constitute a continuing waiver unless otherwise expressly provided, nor shall the waiver of any default hereunder be deemed a waiver of any subsequent default hereunder. 20. Invalid Provision. If any provision of this Agreement shall be determined to be void by any court of competent jurisdiction, then such determination shall not affect any other provision hereof, all of the other provisions shall remain in full force and effect. It is the intention of the Parties that if any provision of this Agreement is capable of two constructions, one of which would render the provision void, and the other which would render the provision valid, then the provision shall have the meaning which renders it valid. 21. Governing Law. The laws of the State of Colorado shall govern the validity, performance and enforcement of this Agreement. Should either party institute legal suit or action for enforcement of any obligation contained herein, venue of such suit or action shall be in Jefferson County, Colorado. 22. Attorneys Fees. Should this Agreement become the subject of litigation to resolve a claim of default of performance or payment by the Developer and a court of competent jurisdiction finds in favor of the City, the Developer shall pay the City's attorney's fees and court costs. 23. Notice. All notices required under this Agreement shall be in writing and shall be hand delivered or sent by registered or certified mail, return receipt requested, postage prepaid, to the addresses of the parties herein set forth. All notices so given shall be considered effective seventy-two (72) hours after deposit in the United States mail with the proper address as set forth below. Either party by notice so given may change the address to which future notices shall be sent. SUBDIVISION IMPROVEMENT AGREEMENT 7-17 li Notice to Developer: Stor-All Development 1375 W. Hillsboro Blvd Deerfield Beach, Florida 33442 Notice to City: Scott Brink Director of Public Works 7500 West 29th Avenue Wheat Ridge, CO 80033 24. Force Majeure. Whenever the Developer is required to complete the construction, repair, or replacement of Public Improvements by an agreed deadline, the Developer shall be entitled to an extension of time equal to a delay in completing the foregoing due to unforeseeable causes beyond the control and without the fault or negligence of the Developer including, but not restricted to, acts of God, weather, fires and strikes. 25. Assignment or Assignments. There shall be no transfer or assignment of any of the rights or obligations of the Developer under this Agreement without the prior written approval of the City. 26. Recording of Agreement. This Agreement shall be recorded in the real estate records of Jefferson County and shall be a covenant running with the Property in order to put prospective purchases or other interested parties on notice as to the terms and provisions hereof. 27. Title and Authority. The Developer, Stor-All Development, expressly warrants and represents to the City that it is the record owner of the property constituting the Property and further represents and warrants, together with the undersigned individual(s) that the undersigned individual(s) has or have full power and authority to enter into this Subdivision Improvement Agreement. The Developer and the undersigned individual(s) understand that the City is relying on such representations and warranties in entering into this Agreement. WHEREFORE, the parties hereto have executed this Agreement on the day and year first above written. SUBDIVISION IMPROVEMENT AGREEMENT 7-17 CITY OF WHEAT RIDGE, COLORADO ce ay, or ATTEST: By: STATE OF go? -t) -- DEVELOPER SS. COUNTY OF The foregoing instrument was acknowledged before me this 27 day of J4 -w¢ 201"1 , by Jo�w 4W\tgd , as of -ALI k�)Cmjjerk.L.�- Witness my hand and official seal. SUBDIVISION IMPROVEMENT AGREEMENT 10/14 10 (SEAL) EMR ftWed N. � ubk 2019 My commission expires: %1 11 Notary Public SUBDIVISION IMPROVEMENT AGREEMENT 10/14 EXHIBIT A Legal Description: PARCEL A: THAT PART OF THE SEI/4 NW1/4 OF SECTION 20, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH P.M., DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ESTABLISHED BY COUNTY SURVEY AS THE INTERSECTION OF THE NORTH AND SOUTH CENTER LINE OF SAID SECTION 20, AND THE CENTER LINE OF WEST 44TH AVENUE; THENCE SOUTH 89050' WEST 567.4 FEET; THENCE SOUTH 0°32' EAST 344.1 FEET TO THE POINT OF BEGINNING OF THE PROPERTY HEREINAFTER DESCRIBED; THENCE SOUTH 89050' WEST 421.71 FEET; THENCE SOUTH 0°10' EAST 203.4 FEET; THENCE NORTH 89°50' EAST 423 FEET; THENCE NORTH 0°32' WEST 203.4 FEET TO THE POINT OF BEGINNING, EXCEPT THAT PORTION THEREOF DESCRIBED IN DEED RECORDED JULY 11, 1958 IN BOOK 1129 AT PAGE 417, AND EXCEPT THAT PORTION THEREOF DESCRIBED IN DEED RECORDED MAY 8, 1967 IN BOOK 1937 AT PAGE 339, AND EXCEPT THAT PORTION THEREOF DESCRIBED IN DEED RECORDED SEPTEMBER 2, 1966 IN BOOK 1895 AT PAGE 44, COUNTY OF JEFFERSON, STATE OF COLORADO. PARCEL B: THAT PART OF THE SEI/4 NW1/4 OF SECTION 20, TOWNSHIP 3 SOUTH, RANGE 68 WEST OF THE 6h' P.M., DESCRIBED AS FOLLOWS: TRACT FOURTEEN (14) OF THE SURVEY MADE BY CARROLL COBERLY FILED JULY 26, 1946, AS FILE 314-315 OF THE TOWN PLATS OF JEFFERSON COUNTY, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE CENTER QUARTER CORNER OF SAID SECTION 20; THENCE NORTH 0020' WEST 674.08 FEET TO THE CENTER LINE OF WEST 44TH AVENUE; THENCE SOUTH 89050' WEST 694.8 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 0°10' EAST 344.1 FEET; THENCE SOUTH 89°50' WEST 126.6 FEET; THENCE NORTH 00 10' WEST 344.1 FEET; THENCE NORTH 89°50' EAST 126.6 FEET TO THE POINT OF BEGINNING, BEING THE SAME PROPERTY AS DESCRIBED IN THE DEED RECORDED SEPTEMBER 2, 1948 IN BOOK 612 AT PAGE 395, RECEPTION NO. 444139, EXCEPT THAT PORTION THEREOF AS DESCRIBED IN EXHIBIT "A" OF RULE AND ORDER RECORDED DECEMBER 21, 1966 IN BOOK 1914 AT PAGE 128, COUNTY OF JEFFERSON, STATE OF COLORADO. PARCEL C: A TRACT OR PARCEL OF LAND NO. 2AR OF THE STATE DEPARTMENT OF 13 HIGHWAYS, DIVISION OF HIGHWAYS, STATE OF COLORADO, PROJECT NO. 1 70- 3(8)268 SEC. 2, IN THE SEI/4 OF THE NW1/4 OF SECTION 20, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH P.M., BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE NORTH -SOUTH QUARTER SECTION LINE OF SECTION 20 AND THE EAST -WEST CENTER LINE OF WEST 44TH AVENUE AS ESTABLISHED BY COUNTY SURVEY; THENCE S 89150'W ALONG SAID CENTER LINE OF W. 44TH AVENUE, A DISTANCE OF 821.4 FEET TO THE NE CORNER OF PARCEL 2A REV. DESCRIBED IN THE DEED RECORDED JUNE 19, 1959 IN BOOK 1201 AT PAGE 339, COLORADO DEPARTMENT OF HIGHWAYS PROJECT F 032-1(1); THENCE S 00°10' E, ALONG THE EAST LINE OF SAID PARCEL 2A REV., A DISTANCE OF 253.0 FEET TO THE SOUTHEASTERLY RIGHT OF WAY LINE OF INTERSTATE 70 (JULY 1985), SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING; 1. THENCE S 00010'E ALONG SAID EXISTING RIGHT OF WAY OF INTERSTATE 70 (JULY 1985), A DISTANCE OF 91.1 FEET TO THE SE CORNER OF SAID PARCEL 2A REV.; 2. THENCE S 89050'W CONTINUING ALONG THE SAID EXISTING RIGHT OF WAY AND ALSO ALONG THE SOUTH LINE OF SAID PARCEL 2A REV., A DISTANCE OF 51.6 FEET; 3. THENCE N 29°21' 15" E, A DISTANCE OF 104.7 FEET, MORE OR LESS, TO THE POINT OF BEGINNING, COUNTY OF JEFFERSON, STATE OF COLORADO. I!II� A � Cpl A IM, l+i� 9fa i i — — — — — — — --- — — — .,.�..�,..�.I 1 I 61� EII$ v d I q 6R aJ,j I g�- =15 115 g I ?- I 10 33 I I I I I f ae . g #�t�yl a i I i a egr _ � I I I I I I!II� A � Cpl A IM, l+i� 9fa i i — — — — — — — --- — — — .,.�..�,..�.I 1 I 61� IN ---------- - a -------------\# I ��ywgs la'E I A �E' l 3�1 F b i °1 pgigig 'gill 1A. � � Y R =4Qq+ q R AR�a ges �q�F FgeR � q o� O Hj a�€ € #t � g 5 lgpag511IN 8 ul II ME pii r q � p8~�jg� MINI, 9 sx R R £ 4 I hill 3 8 �g a qq � � a ■€§��8 M M; I q 'M RpAA Ygot q lilt R 092 gig 4, F � e ®R v8;11 M I'B R g R lid ,P gF 00 0ZIn D I�10 m0 Mo 1IZ1IZr 06MOF cmI- M"vr m0�1G� izOc $mob<C HAM> C.z O �,pv 0 M. o—y1Am 0 00 �2 ry 0 rA 0 D' OZ EII$ v d I q 6R aJ,j I g�- =15 115 g I ?- I 10 33 I I I I IN ---------- - a -------------\# I ��ywgs la'E I A �E' l 3�1 F b i °1 pgigig 'gill 1A. � � Y R =4Qq+ q R AR�a ges �q�F FgeR � q o� O Hj a�€ € #t � g 5 lgpag511IN 8 ul II ME pii r q � p8~�jg� MINI, 9 sx R R £ 4 I hill 3 8 �g a qq � � a ■€§��8 M M; I q 'M RpAA Ygot q lilt R 092 gig 4, F � e ®R v8;11 M I'B R g R lid ,P gF 00 0ZIn D I�10 m0 Mo 1IZ1IZr 06MOF cmI- M"vr m0�1G� izOc $mob<C HAM> C.z O �,pv 0 M. o—y1Am 0 00 �2 ry 0 rA 0 D' OZ Galloway 6162 S. Willow Drive, Suite 320 Greenwood Village, CO 80111 303.770.8884 O 303.770.3636 F EXHIBIT C Date: 06/19/17 Project: STOR-ALL STORAGE (Wheat Ridge) Project No.: SAS000002.01 I �� Location: Denver, CO By: Adam Koester, PE 25% contingency: 5 36,750.00 „"" vCF �t� TOTAL= $ 183,752.00 O �.. R K F.,ti ti ill Adam Koester, P.E. #46516 7 Description Quantity Unit Unit Costs Total 1 Paving 2 JAsphalt Patch (9") 300 SY $ 105.84 $ 31,752 3 6" Vertical Catch Curb and Gutter 49 LF $ 27.71 $ 1,358 4 Driveway Cut 1 EA $ 3,000.00 $ 3,000 5 Traffic Control 1 LS $ 1,000.00 $ 1,000 6 Subgrade Preparation 300 SY $ 3.50 $ 1,050 7 6' Wide Sidewalk (4") 301 SY $ 55.84 $ 16,808 81 1 Pavement Markings 1 LS $ 5,500.00 $ 5,500 9 10 ITotal For Paving $ 60,468 11 12 Landscaping 13 JSoil Amendment 257 CY $ 40.00 $ 10,280 14 Sod 1000 SF $ 0.75 $ 750 15 Street Trees 3 EA $ 500.00 $ 1,500 16 Irrigation 1000 SF $ 2.00 $ 2,000 18 19 Total Landscaping $ 14,530 20 21 Utilities 22 18" Class III RCP 75 LF $ 89.89 $ 6,742 23 City Standard Valley Inlet 1 EA $ 4,418.35 $ 4,418 24 Flat Top Manhole 1 EA $ 4,370.77 $ 4,371 25 Pedestrian Light Concrete Base 3 EA $ 574.43 $ 1,723 26 Pedestrian Light Standard 3 EA $ 1,847.94 $ 5,544 27 Street Light Concrete Base 3 EA $ 1,316.76 $ 3,950 281 IStreet Light Standard 3 EA $ 4,229.49 $ 12,688 29 Street Light Mast Arm 3 EA $ 571.92 $ 1,716 30 Street Light Luminaire 3 EA $ 2,095.62 $ 6,287 31 Electrical Pull Boxes 6 EA $ 901.18 $ 5,407 32 2" Electrical Conduit 452 LF $ 17.52 $ 7,919 33 Pedestrian Light Luminaire 3 EA $ 3,746.27 $ 11,239 34 Total Utilities $ 72,004 351 1 361 JTotai $ 147,002 25% contingency: 5 36,750.00 „"" vCF �t� TOTAL= $ 183,752.00 O �.. R K F.,ti ti ill Adam Koester, P.E. #46516 7 EXHIBIT D BankofAmerica Merrill Lynch BANK OF AMERICA - CONFIDENTIAL DATE: JULY 10, 2017 IRREVOCABLE STANDBY LETTER OF CREDIT NUMBER: 68134177 BENEFICIARY CITY OF WHEAT RIDGE 7500 WEST 29TH AVENUE WHEAT RIDGE, CO 80033 PAGE: 1 ISSUING BANK BANK OF AMERICA, N.A. ONE FLEET WAY PA6-580-02-30 SCRANTON, PA 18507-1999 APPLICANT STOR-ALL DEVELOPMENT LLC 1375 W. HILLSBORO BLVD. DEERFIELD BEACH, FL 33442 AMOUNT USD 183, 752.00 ONE HUNDRED EIGHTY THREE THOUSAND SEVEN HUNDRED FIFTY TWO AND 00/100 IS IIS DOLLARS EXPIRATION JUNE 30, 2018 AT OUR COUNTERS GENTLEMEN: WE HEREBY OPEN OUR IRREVOCABLE STANDBY LETTER OF CREDIT IN YOUR FAVOR AVAILABLE BY YOUR DRAFTS DRAWN ON BANK OF AMERICA, N.A., ONE FLEET WAY, SCRANTON, PA 18507-1999, MAIL CODE: PA6-580-02-30, ATTENTION: STANDBY LETTER OF CREDIT DEPARTMENT FOR ANY SUM OR SUMS NOT TO EXCEED IN TOTAL ONE HUNDRED EIGHTY THREE THOUSAND SEVEN HUNDRED FIFTY TWO AND 00/100'S UNITED STATES DOLLARS (USD 183,752.00), AVAILABLE BY YOUR DRAFTS AT SIGHT. DRAFT MUST BE DRAWN BY BENEFICIARY ACCOMPANIED BY: 1. A SIGNED STATEMENT BY AN AUTHORIZED OFFICER OF THE DRAWING BENEFICIARY STATING AS FOLLOWS: (A) "WE HEREBY CERTIFY THAT THE AMOUNT OF OUR DRAFT RSPRESENTS FUNDS OWED TO TUB UNDERSIGNED BENEFICIARY, FOR PAYMENT OF STREET IMPROVEMENTS INCLUDING, BUT NOT LIMITED TO, CURB, GUTTER, SIDEWALK, ASPHALT PATCHING, STREET PAVING, AND OTHER STREET IMPROVEMENTS ASSOCIATED WITH THIS DEVELOPMENT." AND/OR (B) •WE HEREBY CERTIFY THAT THE AMOUNT OF OUR DRAFT REPRESENTS FUNDS OWED TO THE UNDERSIGNED BENEFICIARY, FOR PAYMENT OF STORM DRAINAGE IMPROVEMENTS INCLUDING, BUT NOT LIMITED TO, DETENTION POND GRADING, POND OUTLET STRUCTURE(S), STORM SEWER SYSTEM, AND OTHER DRAINAGE ORIGINAL Bankof America'ji�'' Merrill Lynch BANK OF AMERICA - CONFIDENTIAL PAGE: 2 �J THIS IS AN INTEGRAL, PART OF LETTER OF CREDIT NUMBER: 68134177 FACILITIES ASSOCIATED WITH THIS DEVELOPMENT." 2. THIS ORIGINAL LETTER OF CREDIT, AND ALL AMENDMENTS HERETO, IF ANY. EACH DRAFT MUST BEAR UPON ITS FACE A CLAUSE: "DRAWN UNDER BANS OF AMERICA, N.A., LETTER OF CREDIT NUMBER 68134177 DATED JULY 10, 2017." THIS IRREVOCABLE STANDBY LETTER OF CREDIT IS NOT TRANSFERABLE. IT IS A CONDITION OF THIS LETTER OF CREDIT THAT THE EXPIRATION DATE OF THIS LETTER OF CREDIT WILL BE AUTOMATICALLY EXTENDED, WITHOUT AMENDMENT, FOR A PERIOD OF ONE YEAR FROM THE EXPIRATION DATE HEREOF OR ANY FUTURE EXPIRATION DATE UNLESS AT LEAST SIXTY (60) DAYS PRIOR TO ANY SUCH EXPIRATION DATE, WE NOTIFY THE BENEFICIARY IN WRITING AT THE ABOVE ADDRESS BY REGISTERED MAIL (RETURN RECEIPT REQUESTED) OR OVERNIGHT COURIER SERVICE THAT WE ELECT NOT TO EXTEND THIS LETTER OF CREDIT FOR ANY SUCH ADDITIONAL PERIOD. WE HEREBY AGREE WITH YOU THAT DRAFTS DRAWN UNDER AND IN COMPLIANCE WITH THE TERMS OF THIS LEITER OF CREDIT WILL BE DULY HONORED UPON PRESENTATION AT BANK OF AMERICA, N.A., 333 SOUTH HOPE STREET, 14TH FLOOR, MAIL CODE: CA9-193-14-53, LOS ANGELES, CA 90071-1406, ATTENTION: STANDBY LETTER OF CREDIT DEPARTMENT ON OR BEFORE JUNE 30, 2018 OR ANY AUTOMATICALLY EXTENDED EXPIRATION DATE. THIS LETTER OF CREDIT IS SUBJECT TO THE UNIFORM CUSTOMS AND PRACTICE FOR DOCUMENTARY CREDITS, 2007 REVISION, INTERNATIONAL CHAMBER OF COMMERCE PUBLICATION NO. 600. IF YOU REQUIRE ANY ASSISTANCE OR HAVE ANY QUESTIONS REGARDING THIS TRANSACTION, PLEASE CALL 800-370-7519 . AUTHOR ZED SIGNATURE THIS DOCUMENT CONSISTS OF 2 PAGE(S). Hermann 8chufterte vkoe Preeident ORIGINAL 05-17-14868 08.2016 Meredith Reckert From: Dave Brossman Sent: Monday, June 26, 2017 2:21 PM To: Aaron McLean Cc: Adam Koester; Meredith Reckert; Mark Van Nattan Subject: RE: Stor-All building permit - 4370 Youngfield Attachments: Plat_Review-2_REDLINES.pdf Aaron — None of our 2nd review comments have been addressed; they are minor in nature so they shouldn't take 5 minutes to correct. As soon as those changes have been made the plat should be good for Mylar°, but I would recommend you resend 15Y so I can take a quick peek prior to plotting. C David F. Brossman, PLS Development Review Engineer/City Surveyor Phone & Fax: 303.235.2864 City of W heat idggc From: Aaron McLean[mailto:AaronMcLean@gallowayus.com] Sent: Monday, June 26, 2017 2:06 PM To: Dave Brossman Cc: Adam Koester; Meredith Reckert Subject: RE: Stor-All building permit - 4370 Youngfield Dave, Attached is the PDF and DWG of the plat. Is this good to go to mylar? We're planning to get you the remainder of the civil plans to you this week. The SIA and ILOC are in the works and might have this week as well, and even the plat mylar if we can print it today. Once we get you all of these items, about how long until the building permit can be released? What needs to be in place before earthwork/grading can commence? Stor-all has contractors waiting to get moving out there. Thanks, Galloway Planning. Architecture. Engineering. Proudhy Celebrutin.- 35 Years! AARON McLEAN, SITE DEVELOPMENT COORDINATOR 6162 S. Willow Drive, Suite 320 Greenwood Village, CO 80111 303.770.8884 O 303.770.3636 F Aaron McLean (a)Gal lowayUS.com www.GallowayUS.com Colorado I Utah I California Licensed in more than 40 states to better serve you. I his message and any attachments are intended only for the recipient named. If you are not the intended recipient you are notified that any dissemination, disclosing, copying, distributing or taking any action in reliance on the contents of this information is strictly prohibited. Galloway & Company, Inc. considers any design data to be in final form only when plotted, stamped and signed. Galloway & Company. Inc. assumes no responsibility for the unauthorized use of this data. From: Dave Brossman[mailto:dbrossman@ci.wheatridge.co.us] Sent: Thursday, June 08, 2017 9:09 AM To: Aaron McLean <AaronMcLean@gallowayus.com> Cc: Steve Nguyen <snguyen@ci.wheatridge.co.us>; Brian Tardif <btardif@ci.wheatridge.co.us>; Meredith Reckert <mreckert@ci.wheatridge.co.us>; Mark Van Nattan<mvannattan@ci.wheatridge.co.us>; Kimberly Cook <kcook@ci.wheatridge.co.us>; Bill La Row <blarow@ci.wheatridge.co.us> Subject: RE: Stor-All building permit - 4370 Youngfield Aaron — Please note that Public Work cannot sign -off on the Building Permit until we have received the revised documents reflecting the corrective comments I sent back on April 29th. I need all documents for approval prior to BP; please note the following: 1. I'm awaiting a PDF and DWG for the revised Final Plat. 2. Three (3) complete signed & sealed hardcopy sets of civil plans (containing the revised Sheet C1.6) with a PDF of these. 3. Three (3) complete signed & sealed hardcopy sets of the storm plans (showing removal of the "NOT FOR CONSTRUCTION" notation) with a PDF of these. 4. Two (2) signed & sealed hardcopies of the Final Drainage Report with a PDF. 5. A revised Cost Estimate addressing my comments. 6. A Subdivision Improvement Agreement that must be recorded with the plat (contact Meredith at 303.235.2848), and 7. An Irrevocable Letter of Credit in the amount of $183,752 as a performance guarantee for construction of the public improvements. We will also need an approved SWMP and copy of the CDPHE state permit (please contact Bill LaRow, Stormwater Program Manager at 303.235.2871). Upon receipt and approval of all of the above items PW will sign -off on the Building Permit Application. Thanks — I David F. Brossman, PLS Development Review Engineer/City Surveyor Plione & Fax: 303.235.2864 (ity c>'( W he'-at I LcLge 1'l li.I lr WOitf.." From: Mark Van Nattan Sent: Thursday, June 8, 2017 8:46 AM To: Dave Brossman Subject: FW: Stor-All building permit - 4370 Youngfield Mark Van Nattan Engineering Technician Office Phone: 303-235-2870 Wli�cat 1 Pt�NII( AYa�nF.� From: Brian Tardif Sent: Thursday, June 8, 2017 7:01 AM To: Aaron McLean; Kimberly Cook; Mark Van Nattan; Meredith Reckert Cc: Kyle Matthews Subject: RE: Stor-All building permit - 4370 Youngfield Hi Arron, The building division is complete with is review. We are waiting on Zoning and Public works. I have included them in this email chain so that they can respond as well. Thank You Brian Tardif Combination Inspector/ Plan Examiner Office Phone: 303-235-2850 l i11� cel W heat I id gc ( (lhialtjN1 IY DI VH 01'kiI IN I From: Aaron McLean[mailto:AaronMcLean@gallowayus.com] Sent: Wednesday, June 7, 2017 8:27 AM To: Kimberly Cook <kcook@ci.wheatridge.co.us> Cc: Brian Tardif <btardif@ci.wheatridge.co.us>; Kyle Matthews <KyleMatthews@gaIlowayus.com> Subject: RE: Stor-All building permit - 4370 Youngfield Importance: High Kimberly and Brian, Are the comments review complete? We were hoping to get these a couple weeks back now per our discussion when I was in your office. Please advise as our client is ready to go to construction. Thanks! Galloway Planning. Architecture. Engineering. Proudlh Celebralin; 35 fears! AARON McLEAN, SITE DEVELOPMENT COORDINATOR 6162 S. Willow Drive, Suite 320 Greenwood Village, CO 80111 303.770.8884 O 303.770.3636 F Aaron McLean(cDGallowayUS.com www.GallowayUS.com Colorado I Utah I California Licensed in more than 40 states to better serve you. This message and any attachments are intended only for the recipient named. If you are not the intended recipient you are notified that any dissemination, disclosing, copying, distributing or taking any action in reliance on the contents of this information is strictly prohibited. Galloway & Company, Inc. considers any design data to be in final form only when plotted, stamped and signed. Galloway & Company, Inc. assumes no responsibility for the unauthorized use of this data. From: Kimberly Cook[mailto:kcook@ci.wheatridge.co.usj Sent: Friday, May 19, 2017 10:03 AM To: Aaron McLean <AaronMcLean@gallowayus.com> Cc: Brian Tardif <btardif@ci.wheatridge.co.us> Subject: RE: Stor-All building permit - 4370 Youngfield Hi Aaron, I see that comments were sent on 4/29 from Public Works. Brian from Building is going to jump on these today. I'll try to get an update from Planning & Zoning. Sorry for the delay, we are short staffed right now. Thanks! Kim Cook Permit Technician 7500 W. 29th Avenue Wheat Ridge, Colorado 80033 Office Phone: 303-235-2876 Fax: 303-237-8929 www.ci.wheatridge.co.us City of C`:(1htiMlitalTl` hrvt t tiI'!.9(ty r CONFIDENTIALITY NOTICE: This e-mail contains business -confidential information. It is intended only for the use of the individual or entity named above. If you are not the intended recipient, you are notified that any disclosure, copying, distribution, electronic storage or use of this communication is prohibited. If you received this communication in error, please notify us immediately by e-mail, attaching the original message, and delete the original message from your computer, and any network to which your computer is connected. Thank you. 4 From: Aaron McLean [mailto:AaronMcLean@gallowayus.comj Sent: Thursday, May 18, 2017 4:25 PM To: Kimberly Cook <kcook@ci.wheatridge.co.us> Subject: Stor-All building permit - 4370 Youngfield Hi Kim, Could you please update me on the status of our 2nd review of the subject building permit? We resubmitted about a month ago and hope to have comments soon. Thanks! Galloway Planning. Architecture. Engineering. Proudly Celebrating 35 Years! AARON McLEAN, SITE DEVELOPMENT COORDINATOR 6162 S. Willow Drive, Suite 320 Greenwood Village, CO 80111 303.770.8884 O 303.770.3636 F Aaron McLean(a-)GallowayUS.com www.GallowayUS.com Denver, CO — Colorado Springs, CO — Loveland, CO — Salt Lake City, UT — Fresno, CA Licensed in more than 40 states to better serve you. This message and any attachments are intended only for the recipient named. If you are not the intended recipient you are notified that any dissemination, disclosing, copying, distributing or taking any action in reliance on the contents of this information is strictly prohibited. Galloway & Company, Inc. considers any design data to be in final form only when plotted, stamped and signed. Galloway & Company, Inc. assumes no responsibility for the unauthorized use of this data. City of W heat �dge PUBLIC WORKS Memorandum TO: Meredith Reckert, Senior Planner FROM: Dave Brossman, Development Review Engineer DATE: April 29, 2017 SUBJECT: MS -17-02/ Stor-All Storage, 4370 Youngfield Street I have completed my second review of the civil documents and final plat for the property at 4730 Youngfield St. received on April 14, 2017, and I have the following comments: LAND PLANNING Final Plat 1. The section/quarter corner monument information such as the P.O.C. info needs to be moved as indicated on the redlined plat so the section tie lines appear. 2. The bearing shown in Note #3 (the Basis of Bearings statement) needs to be N00° 15'06"W per City datum (and as indicated on the graphical portion of this plat) : 3. In the Detention Easement paragraph, please add quotations marks about the words "DETENTION EASEMENT". 4. Please have them provide us with one more PDF/DWG to look at prior to Mylar® creation. CIVIL ENGINEERING Final Drainage Report (Discussion): 1. All previous comments have been adequately addressed in the discussion portion of the Report; the Report and Plan are hereby approved. They will need to provide three (3) signed and sealed hardcopies for approval and inclusion in the Building Permit Application. 2. An approved copy of the Report & Plan will be returned upon approval of all documents. Stor-All Review-2.Itr Public Works Engineering April 29, 2017 Page 2 Civil Landscape and Irr Plans Sheet C1.5 (Street Details). 1. Please be advised that we have been notified that they no longer manufacture the RXI80's. These have been replaced by the RX 164, so the City is currently in the process of revising our LED standards. The contractor will need to contact the City and Note should be placed on this sheet to this effect. 2. They will need to provide three (3) signed and sealed hardcopies and one PDF of the signed plans for approval and inclusion in the Building Permit Application sets. Storm Sewer Plans 1. All previous comments have been addressed; the Storm Sewer Plans are approvable upon the addition of the P.E. seal and signature (and removal of the "NOT FOR CONSTRUCTION" notation). Please provide three (3) signed and sealed hardcopies and one PDF of the signed plans for approval and inclusion in the Building Permit Application sets. Itemized Cost Estimate 1. The revisions to the previous cost estimate missed the Pedestrian Light Luminaire fixture amount, and also the 25% contingency as required by the Municipal Code (see "OTHER REQUIREMENT #2" below). 2. The total amount required for the Irrevocable Letter of Credit is $183,752. The ILOC shall be provided prior to issuance of any Building or ROW Permits. Stormwater Management Plan 1. Please note that the Stormwater Management Plan will be reviewed by Bill LaRow, Stormwater Program Manager (303.235.2871) and comments returned at a later date under separate cover. Please include one PDF and one AutoCAD (2013 or older) DWG file of the Final Plat and one PDF of all the revised Civil Documents with the next submittal. OTHER REOUIREMENTS: Subdivision Improvement Agreement: Prior to the issuance of any Building or Right -of -Way Construction Permits or the commencement of any construction activities, a Subdivision Improvement Agreement (SIA) shall be executed by the project owner/developer. The project owner/developer will need to contact the Dept. of Community Development at 303.235.2846 to obtain a copy of the SIA. Please note that an approved engineer's itemized cost estimate for the public improvements will be included in the SIA Stor-All Review-2.1tr Public Works Engineering April 29, 2017 Page 3 (refer to Other Requirement #2 below). SIAs are recorded at the Jefferson County Clerk & Recorder's Office with the Final Plat. 2. Public Improvements Cost Estimate & Guarantee: Upon acceptance of the Itemized Engineer's Cost Estimate, an Irrevocable Letter of Credit (ILOC) in the amount of reflecting the total amount of the approved cost estimate plus 25% (125% of the total estimate) shall be submitted by the owner/developer for review and approval at the time of SIA submittal. The total amount required for the Irrevocable Letter of Credit is $183,752.The ILOC shall remain in force for the entire duration of the project, and the City reserves the right to request the ILOC be renewed if deemed necessary. A photocopy of both the itemized cost estimate and ILOC will be attached to the SIA and recorded at the county. Right -of -Way Construction Permit(s)/Licensing: a. ROW Permits. Prior to any construction within the public right-of-way (ROW), the necessary Right -of -Way Construction Permit(s) and respective licensing will need to be submitted for processing by the City. Right -of -Way Construction Permits are issued by the City only after approval of all required technical documents, including but not limited to, the Final Drainage Report & Plan, Final Plat, Final Development Plan, Traffic Impact Study, Storm Sewer Plans, Street Construction Plans, Grading & Erosion Control Plan, Traffic Control Plan, and easement or ROW dedications b. Licensing. All work within the public Right -of -Way shall only be performed by a municipally -licensed contractor. 4. Pre -Construction Meeting: Prior to commencement of any construction activities the contractor shall schedule a pre -construction meeting with the city of Wheat Ridge public works at 303.235.2861. The contractor shall be responsible for contacting all applicable utility districts for this meeting. 5. Drainage Certification: A Drainage Certification Letter from the Engineer -of -Record stating that all drainage related items and public improvements were constructed in accordance with the civil construction plans and shall function as stated in the approved Final Drainage Report/Plan. The Certification Letter shall be accompanied by As -Built plans in support of the statements made in the Letter prior to issuance of the Certificate of Occupancy as required by the Municipal Code of Laws. 6. Information pertaining to the Public Works development requirements, Site Drainage Requirements, the City's Street Construction Standards & Details in AutoCAD® DWG format, ROW maps, and City -based coordinate and land surveying information (i.e., Current City Datum), is all available on the Public Works, Development Review page of the City of Wheat Ridge website at: www.ci.wheatrid2e.co.us Stor-All Review-2.1tr ° a 2-1 R IRVI R Pill RI g"i yy 3 g HOW MEMO PH HIM Ng off$M$� $ $ ����� � ��$ 1113� Q Ion p s tza maa-$$ fix= " o° �� a NORkvih $ s $ EBBS>3 3 kgs qq s �5 °~°$° °" e°$ s° s$ fill a� g"°w°Hwa"= °€`da o"tl� $a$k �0�N , 5w�3`3 ,5€ 05" Y ''<Y >#""wa.p Yzp Y°Y�WYi$°�gYo° RHO" $`�ww 5g 6`1 1 i g $ s� b� � g -fig -- H $His a o z it k DO W '111HIH HUM, I HIM M, gni _ i W i v� i ,`_Fw !J1 �� 19iW9 NONE! H w 31` w $b 1 o� �o�hQ[ ya I I I e � I � I$ Ny$ I BMJ I 6 I N W I H w 31` w $b 1 o� �o�hQ[ ya I I I e � I � .s L— — — — — — — — — — — — — — — — — City of �Wheat Midge COMMUNiTy DEVELOPMENT City of Wheat Ridge Municipal Building 7500 W. 29" Ave March 6, 2017 Aaron McLean Galloway & Company, Inc. 6162 South Willow Drive Suite 320 Greenwood Village, CO 80111 Dear Mr. McLean: Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 303.235.2857 This letter is in regard to an application filed for approval of a three -lot consolidation plat for property located at 12700 W. 44th Avenue. The application has been reviewed and the following are comments regarding the first submittal. PLAT DOCUMENT Sheet One 1. Modify the vicinity map so that it is a line drawing. Colors will not reproduce well. 2. In the dedicatory statement, modify the first line to read: "I, John Anderson for StorAll Youngfsfield, LLC, being the owner .................". 3. In Note No. 4, designate that the property is zoned Planned Industrial Development (PID). 4. Correct the spelling of "Surveor's" in the Surveyor's Certificate. 5. Add the following case numbers to the case history box: WZ-15-10, WZ-15-10, WZ-15-11, MS -17- 02. 6. Since this is an administrative review, the Planning Commission signature block can be removed. Attached are referrals received from other city departments and outside agencies regarding the plat document. Arvada Fire Protection District: See attached correspondence from Steven Parker dated March 2, 2017. CenturyLink: See attached correspondence from Dustin Pulciani dated March 2, 2017. Wheat Ridge Public Works: See attached letter from Dave Brossman dated March 6, 2017 included in the dropbox link. Xcel Energy: See attached correspondence from Donna George dated March 2, 2017. This concludes the summary of comments. Please address each of these comments by revising the drawings accordingly. Once the changes have been made, please submit one 24" x 36" hard copy of the plat document and an electronic copy with a PDF document and an AutoCAD dwg (2010 or older) www.ci.wheatridge.co.us including all external reference and shx files, etc. If you have any questions or need further clarification, do not hesitate to contact me at 303-235-2848. Sincerely, Meredith Reckert, AICP Senior Planner s mw L ' kgg pg8 y�yg+3 5 u � Dori gsfi`.„„=Eg�p� Wt ':�kF LL���a A o -'NIP 8 'LSai �• a E — — — — — — — — — — — — — �I$ �I � 1a3W8 NONID( - �4 _ AI N -,q $I k \ IMOzo.00S I 'ug�£,OL'L9 I$ $ e AL'LB hlet.90.009 J 3.Olb1.009 g= .'9ZL 6/ 1- em I 1 g 1 ry I L I s mw t at Fire Prot ctio R's'q _,� . 7903 Allison Way Arvada CO 80005 • 303-424-3012 • 303-432-7995 fax March 2, 2017 Ms. Meredith Reckert, Planner City of Wheat Ridge 7500 W 29'J' Avenue Wheat Ridge, CO 80033 Re: Stor-All Storage, COWR Project # MS -17-02, AFPD Project # 17-022D Ms. Reckert: The referral referenced above was reviewed for compliance with the 2012 International Fire Code (IFC) as adopted by the City of Wheat Ridge. The Fire District has the following comments regarding this development plan. 1. Fire protection service This parcel is currently within the jurisdictional boundaries of the Arvada Fire Protection District (AFPD). The fire protection services for this parcel are provided primarily by AFPD Fire Station #2 located at 5250 Oak Street. 2. Construction plans Complete specifications and building construction plans shall be submitted directly to the Fire District (AFPD) for review and approval at the same time plans are submitted to the Arvada Building Inspection Division and prior to construction occurring. The developer is encouraged to contact the AFPD Community Risk Reduction Division to verify plan submittal requirements and Fire District permit fees prior to plans submittal. The applicant shall provide acknowledgement and indicate compliance with this requirement. Please contact me at (303) 403-0477 or via e-mail at steven.parker(acr�arvadafire.com if you should have any questions or need further information. Sincerely, Steven Parker Deputy Fire Marshal Meredith Reckert From: Pulciani, Dustin <Dustin.Pulciani@centurylink.com> Sent: Thursday, March 2, 2017 4:30 PM To: Meredith Reckert Subject: RE: Land Use referral Meredith, CenturyLink has no objection to the proposed lot consolidation plat. Thanks Dustin Pulciani, ROW Agent Century Link 700 W. Mineral Ave., Littleton, CO 80120 Cell: 720-S20-3133 Dustin.Pulciani@centurylink.com V',7- CenturyLink- Stronger Connected - From: Meredith Reckert [mailto:mreckert@ci.wheatridge.co.us] Sent: Friday, February 17, 2017 9:20 AM To: George, Donna L (Donna.L.George@xcelenergy.com); v.waterdist_kathy@comcast.net; Proberts@martinmartin.com; Steven Parker; Pulciani, Dustin; lisa_karam-salbach@cable.comcast.com Subject: Land Use referral See attached land use referral. Meredith Reckert, AICP Senior Planner 7500 W. 291h Avenue Wheat Ridge, CO 80033 Office Phone: 303-235-2848 FAX: 303-235-2857 www.ci.wheatridge.co.us 1.04hti517 i94' DfviIOr'mlNI z` CONFIDENTIALITY NOTICE: This e-mail contains business -confidential information. It is intended only for the use of the individual or entity named above. If you are not the intended recipient, you are notified that any disclosure, copying, distribution, electronic storage or use of this communication is prohibited. If you received this communication in error, please notify us immediately by e-mail, attaching the original message, and delete the original message from your computer, and any network to which your computer is connected. Thank you. This communication is the property of CenturyLink and may contain confidential or privileged information. Unauthorized use of this communication is strictly prohibited and may be unlawful. If you have received this communication in error, please immediately notify the sender by reply e-mail and destroy all copies of the communication and any attachments. 02/21/17 TUE 11:38 FAX 300 424 0828 VALLEY WATER DIS VALLEY WATER DISTRICT 12101 WEST 52ND AVI NLTE WHEAT RUC E, COLORADO 80033 Tr;.r.,rrrrnNr, 303-424-9661 Febi'Llar y 21, 2017 FAX 303-424-0828 Meredith Reckert City of Wheal Rid11e 7100 W. 29'x' Avenue Wheat Ridge, W 80033 Dear Meredith: in reference to Case No. MS-17-02/Ston-All Storage, the Valley Water District has reviewed [lie inquiry and the following iterii.s apply. I . Valley Water District can provide water Service to the proposed project subject to Valley Water District rules and regulations. 2. Additional water main lines, fire hydrants or fire sprinkler lines may he needed to meet Valley Water District and Arvada Fire Protection District reC.luirerTLCnts which would be at owner's expense. N. if additional welter maid lines, fire hydrants or [ire sprinkler lines are needed, the owner would need to provide any necessary easements, All construction must be in compliance with the term~ ot"the eascrttcnt.. 4. The owner will he responsible for the cost of domestic taps, irrigation taps and I11'e IIr1C ta11S InCIUdln , service Lines and meter installation. All tap installations will be subject to ttae rules and regulations of the Valley Water District and the Denver Water Department. 5. The owner of the property will need to contact Valley Water District at a0_i-424- 9661 prior to development of the prg1ect to discuss specific water system design needs. if you have ,any further questions, please 1:`eel free to ConLact me at '303-424-9661, Sillce.jea y, iti�tlt►Ccn M, l adlil,lc C District Office Manager 16001 jo XcelEnergysm PUBLIC SERVICE COMPANY March 2, 2017 City of Wheat Ridge Community Development 7500 West 29th Avenue Wheat Ridge, CO 80033 Attn: Meredith Reckert Re: Stor-All Storage, Case # MS -17-02 Right of Way & Permits 1123 West 3rd Avenue Denver, Colorado 80223 Telephone: 303.571.3306 Facsimile: 303. 571.3524 donna.l.george@xcelenergy.com Public Service Company of Colorado's (PSCo) Right of Way & Permits Referral Desk has reviewed the consolidation plat for Stor-All Storage and acknowledges the platted 10 -foot utility easement off Xenon Street for this development. PSCo facilities are not allowed to run parallel to ditch easements; therefore, additional easements will need to be acquired by separate document for new facilities as necessary. The property owner/developer/contractor must contact the Builder's Call Line at 1-800- 628-2121 or https:Hxcelenergy.force.com/FastApp (register so you can track your application) and complete the application process for any new gas or electric service, or modification to existing facilities. It is then the responsibility of the developer to contact the Designer assigned to the project for approval of design details. As a safety precaution, PSCo would like to remind the developer to call the Utility Notification Center at 1-800-922-1987 to have all utilities located prior to any construction. Should you have any questions with this referral response, please contact me at 303- 571-3306. Donna George Contract Right of Way Referral Processor Public Service Company of Colorado City of Wheat P,�dg� COMMUNITY DEVELOPMENT Community Development 7500 West 29th Avenue Wheat Ridge, Colorado 80033 Ph: 303.235.2846 Fax: 303.235.2857 Community Development Referral Form Date Mailed: February 17, 2017 Response Due: March 3, 2017 The Wheat Ridge Community Development Department has received a request for approval of a three lot consolidation plat on property zoned Planned Commercial Development for Stor-All Storage located at 4370 Youngfield Street. No response from you will constitute having no objections or concerns regarding this proposal. Case No.: MS -17-02/ Stor-All Storage Request: The applicant is requesting approval of a three -lot consolidation plat and associated civil documents to prepare the site for development. A zone change, Outline Development Plan and Specific Development Plan were approved in 2016 pursuant to Case Nos. WZ-15-10 and WZ-15-11. The applicant intends to construct a 4 story, 104,000 square foot indoor storage facility. Please respond to this request in writing regarding your ability to serve the property. Please specify any new infrastructure needed or improvements to existing infrastructure that will be required. Include any easements that will be essential to serve the property as a result of this development. Please detail the requirements for development in respect to your rules and regulations. If you need further clarification, contact the case manager: Case Manager: Meredith Reckert Phone: 303.235.2848 Email: mreckert@ci.wheatridge.co.us Fax: 303.235.2857 DISTRIBUTION: Valley Water District Fruitdale Sanitation District Arvada Fire District Xcel Energy Century Link Comcast Cable Wheat Ridge Economic Development Wheat Ridge Urban Renewal Authority Wheat Ridge Building Division Wheat Ridge Public Works Vicinity Map a Qp O z Jw2 o Wawa N,- o - w wox� 'n N. - 4:39 1 I'l p7 I ZZ. . ��­ z �NW0 W, 0, 0 50,0,.., -0, 02, -JZXOZOO. ° WZ gtd, a :.i 0Z_ WOW< ZOW- Q< z 0 0 rI I nN �a ash 11 - — -- — -- — -- liqilgysil 10 a6 Oil 9 LA Hl 11 11 Il IM10 1 if -----_—>_J— L - — — — — — — — --L---LAK - — — — — — — — — ; -- — - — - — — — — — — - — — - — i — - — - — — — - — — — lm;kNNONE(_--- - -- — — - — — - — — - — — — — - — - — - — — Mi o. i Hil 1 H U 1 i I j nN �a ash 11 - — -- — -- — -- 10 jvi I -----_—>_J— L - — — — — — — — --L---LAK - — — — — — — — — ; -- — - — - — — — — — — - — — - — i — - — - — — — - — — — lm;kNNONE(_--- - -- — — - — — - — — - — — — — - — - — - — — Ieig ..'sa mozo.omDLU 11 cd L FirstAmerican Title" Owner's Policy of Title Insurance ISSUED BY First American Title Insurance Company ANY NOTICE OF CLAIM AND ANY OTHER NOTICE OR STATEMENT IN WRITING REQUIRED TO BE GIVEN TO THE COMPANY UNDER THIS POLICY MUST BE GIVEN TO THE COMPANY AT THE ADDRESS SHOWN IN SECTION 18 OF THE CONDITIONS. COVERED RISKS SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS, FIRST AMERICAN TITLE INSURANCE COMPANY, a Nebraska corporation (the "Company') Insures, as of Date of Policy and, to the extent stated in Covered Risks 9 and 10, after Date of Policy, against loss or damage, not exceeding the Amount of Insurance, sustained or incurred by the Insured by reason of: 1. Title being vested other than as stated in Schedule A. 2. Any defect in or lien or encumbrance on the title; This covered Risk includes but is not limited to insurance against loss from (a) A defect in the Title caused by (i) forgery, fraud, undue Influence, duress, incompetency, incapacity, or impersonation; (ii) failure of any person or Entity to have authorized a transfer or conveyance; (iii) a document affecting Title not properly created, executed, witnessed, sealed, acknowledged, notarized, or delivered; (iv) failure to perform those acts necessary to create a document by electronic means authorized by law; (v) a document executed under a falsified, expired, or otherwise Invalid power of attorney; (vi) a document not properly filed, recorded, or Indexed in the Public Records including failure to perform those acts by electronic means authorized by law; or (vii) a defective judicial or administrative proceeding. (b) The lien of real estate taxes or assessments imposed on the Tide by a governmental authority due or payable, but unpaid. (c) Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land. The term "encroachment" Includes encroachments of existing improvements located on the Land onto adjoining land, and encroachments onto the Land of existing improvements located on adjoining land. 3. Unmarketable Title. 4. No right of access to and from the Land. 5. The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (a) the occupancy, use or enjoyment of the Land; (b) the character, dimensions, or location of any improvement erected on the Land; (c) the subdivision of land; or (d) environmental protection If a notice, describing any part of the Land, is recorded in the Public Records setting forth the violation or intention to enforce, but only to the extent of the violation or enforcement referred to in that notice. 6. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the enforcement action, describing any part of the Land, is recorded in the Public Records, but only to the extent of the enforcement referred to in that notice. 7. The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the Land, is recorded in the Public Records. 8. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge. 9. Title being vested other than as stated in Schedule A or being defective (a) as a result of the avoidance in whole or in part, or from a court order providing an alternative remedy, of a transfer of all or any part of the title to or any interest in the Land occurring prior to the transaction vesting Title as shown In Schedule A because that prior transfer constituted a fraudulent or preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws; or (b) because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws by reason of the failure of its recording in the Public Records (i) to be timely, or (ii) to impart notice of its existence to a purchaser for value or to a judgment or lien creditor. 10. Any defect in or lien or encumbrance on the Title or other matter Included in Covered Risks 1 through 9 that has been created or attached or has been filed or recorded in the Public Records subsequent to Date of Policy and prior to the recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A, The Company will also pay the costs, attorneys' fees, and expenses incurred in defense of any matter insured against by this Policy, but only to the extent provided in the Conditions. Issued through the Office of: LAND TITLE GUARANTEE COMPANY 3033 E SST AVE #600 DENVER, CO 80206 303-850-4165 John E. Freyer, President FIRSTAMERICAN TITLE INSURANCE COMPANY �`. A_MERICAN Dennis J. Gilmore, President LAND T[TLE ASSOCIATION Jeffrey S. Robinson, Secretary Copyright 2006.2015 American Land Title Association. All rights reserved. The use of this form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY Adopted 6-17-06 ao.06.policy. pgl.fa.2014,odt EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting or relating to (1) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and 10); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. 4. 4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in Schedule A, Is (a) a fraudulent conveyance or fraudulent transfer; or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown In Schedule A. CONDITIONS 1. DEFINITION OF TERMS The following terms when used in this policy mean: (a) "Amount of Insurance": The amount stated in Schedule A, as may be increased or decreased by endorsement to this policy, increased by Section 8(b) or decreased by Sections 10 and 11 of these Conditions. (b) "Date of Policy': The date designated as "Date of Policy' in Schedule A. (c) "Entity': A corporation, partnership, trust, limited liability company, or other similar legal entity. (d) "Insured": The Insured named in Schedule A. (1) The term "Insured" also includes (A) successors to the Title of the Insured by operation of law as distinguished from purchase, including heirs, devisees, survivors, personal representatives, or next of kin; (e) successors to an Insured by dissolution, merger, consolidation, distribution, or reorganization; (C) successors to an Insured by its conversion to another kind of Entity; (D) a grantee of an Insured under a deed delivered without payment of actual valuable consideration conveying the Title (1) if the stock, shares, memberships, or other equity interests of the grantee are wholly-owned by the named Insured. (2) if the grantee wholly owns the named Insured, (3) if the grantee is wholly-owned by an affiliated Entity of the named Insured, provided the affiliated Entityand the named Insured are both wholly-owned by the same person or Entity, or (4) if the grantee is a trustee or beneficiary of a trust created by a written instrument established by the Insured named in Schedule A for estate planning purposes. (it) With regard to (A), (B), (C), and (D) reserving, however, all rights and defensed as to any successor that the Company would have had against any predecessor Insured. (e) "Insured Claimant": An Insured claiming loss or damage. (f) "Knowledge" or "Known": Actual knowledge, not constructive knowledge or notice that may be Imputed to an Insured by reason of the Public Records or any other records that impart constructive notice of matters affecting the Title, (g) "Land": The land described in Schedule A, and affixed Improvements that by law constitute real property. The term "Land" does not include any property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or easement in abutting streets, roads, avenue, alleys, lanes, ways, or waterways, but this does not modify or limit the extent that a right of access to and from the Land is insured by this policy. (h) "Mortgage": Mortgage, deed of trust, trust deed, or other security instrument, including one evidenced by electronic means authorized by law. (t) "Public Records Records established under state statutes at Date of Policy for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without Knowledge. With respect to Covered Risk 5(d), "Public Records" shall also include environmental protection liens filed in the records of the clerk of the United States District Court for the district where the Land is located. (j) "Title": The estate or interest described in Schedule A. "Unmarketable Title": Title affected by an alleged or apparent matter that would permit a prospective purchaser or lessee of the Title or lender on the Title to be released from the obligation to purchase, lease, or lend if there is a contractual condition requiring the delivery of marketable title. 2. CONTINUATION OF INSURANCE The coverage of this policy shall continue in force as of Date of Policy in favor of an Insured, but only so long as the Insured retalns an estate or interest in the Land, or holds an obligation secured by a purchase money Mortgage given by a purchaser from the Insured, or only so long as the Insured shall have liability by reason of warranties in any transfer or conveyance of the Title. This policy shall not continue in force in favor of any purchaser from the Insured of either (i) an estate or interest in the Land, or (ti) an obligation secured by a purchase money Mortgage given to the Insured. 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT The Insured shall notify the Company promptly in writing (t) in case of any litigation as set forth in Section 5(a) of these Conditions, (ii) in case Knowledge shall come to an Insured hereunder of any claim of title or interest that is adverse to the Title, as Insured, and that might cause loss or damage for which the Company may be liable by virtue of this policy, or (iii) if the Title, as insured, is rejected as Unmarketable Title. If the Company is prejudiced by the failure of the Insured Claimant to provide prompt notice, the Company's liability to the Insured Claimant under the policy shall be reduced to the extent of the prejudice. 4. PROOF OF LOSS In the event the Company is unable to determine the amount of loss or damage, the Company may, at Its option, require as a condition of payment that the Insured Claimant furnish a signed proof of loss. The proof of loss must describe the defect, lien, encumbrance, or other matter insured against by this policy that constitutes the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. 5. DEFENSE AND PROSECUTION OF ACTIONS (a) Upon written request by the Insured, and subject to the options contained in Section 7 of these Conditions, the Company, at its own cost and without unreasonable delay, shall provide for the defense of an Insured in litigation in which any third party asserts a claim covered by this policy adverse to the Insured. This obligation is limited to only those stated causes of action alleging matters insured against by this policy. The Company shall have the right to select counsel of its choice (subject to the right of the Insured to object for reasonable cause) to represent the Insured as to those stated causes of action. It shall not be liable for and will not pay the fees of any other counsel. The Company will not pay any fees, costs, or expenses Incurred by the Insured in the defense of those causes of action that allege matters not insured against by this policy. (b) The Company shall have the right, in addition to the options contained in Section 7 of these Conditions, at its own cost, to institute and prosecute any action or proceeding or to do any other act that in its opinion may be necessary or desirable to establish the Title, as Insured, or to prevent or reduce toss or damage to the Insured. The Company may take any appropriate action under the terms of this policy, whether or not it shall be liable to the Insured. The exercise of these rights shall not be an admission of liability or waiver of any provision of this policy. If the Company exercises its rights under this subsection, it must to so diligently. (c) Whenever the Company brings an action or asserts a defense as required or permitted by this policy, the Company may pursue the litigation to a final determination by a court of competent jurisdiction, and it expressly reserves the right, In its sale discretion, to appeal any adverse judgment or order. 6. DUTY OF INSURED CLAIMANT TO COOPERATE (a) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding and any appeals, the Insured shall secure to the Company the right to so prosecute or provide defense in the action or proceeding, including the right to use, at its option, the name of the Insured for this purpose. Whenever requested by the Company, the Insured, at the Company's expense, shall give the Company all reasonable aid (i) in securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or effecting settlement, and (ii) in any other lawful act that in the opinion of the Company may be necessary or desirable to establish the Title or any other matter as insured. If the Company is prejudiced by the failure of the Insured to furnish the required cooperation, the Company's obligation to the Insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such cooperation. (b) The Company may reasonably require the Insured Claimant to submit to examination under oath by any authorized representative of the Company and to produce for examination, inspection, and copying, at such reasonable times and places as may be designated by the authorized representative of the Company, all records, in whatever medium maintained, including books, ledgers, checks, memoranda, correspondence, reports, e-mails, disks, tapes, and videos whether bearing a date before or after Date of Policy, that reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Insured Claimant shall grant its permission, in writing, for any authorized representative of the Company to examine, Inspect, and copy all of these records in the custody or control of a third party that reasonably pertain to the loss or damage. All information designated as confidential by the Insured Claimant provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it Is necessary in the administration of the claim. Failure of the Insured Claimant to submit for examination under oath produce any reasonably requested information, or grant permission to secure reasonably necessary information from third parties as required in this subsection, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this policy as to that claim. 7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY In case of a claim under this policy, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Insurance. To pay or tender payment of the Amount of Insurance under this policy together with any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment or tender of payment and that the Company is obligated to pay. Upon the exercise by the Company of this option, all liability and obligations of the Company to the Insured under this policy, other than to make the payment required in the subsection, shall terminate, Including any liability or obligation to defend, prosecute, or continue any litigation. (b) To Pay or Otherwise Settle With Parties Other Than the Insured or With the Insured Claimant. (i) To pay or otherwise settle with other parties for or in the name of an Insured Claimant any claim insured against under this policy. In addition, the Company will pay any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obligated to pay; or (ii) To pay or otherwise settle with the Insured Claimant the loss or damage provided for under this policy, together with any costs, attorneys' fees, and expensed incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obligated to pay. Upon the exercise by the Company of either of the options provided for in subsections (b)(i) or (ii), the Company's obligations to the Insured under this policy for the claimed loss or damage, other than the payments required to be made, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation. 8. DETERMINATION AND EXTENT OF LIABILITY This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the Insured Claimant who has suffered loss or damage by reason of matters insured against by this policy. (a) The extent of liability of the Company for loss or damage under this policy shall not exceed the lesser of (i) the Amount of Insurance; or (ii) the difference between the value of the Title as insured and the value of the Title subject to the risk insured against by this policy. (b) If the Company pursues its rights under Section 5 of these Conditions and is unsuccessful in establishing the Title, as Insured, (i) the Amount of Insurance shall be increased by 10%, and (ii) the Insured Claimant shall have the right to have the loss or damage determined either as of the date the claim was made by the Insured Claimant or as of the date it is settled and paid. (c) In addition to the extent of liability under (a) and (b), the Company will also pay those costs, attorneys' fees, and expenses Incurred in accordance with Sections 5 and 7 of these Conditions. 9. LIMITATION OF LIABILITY (a) If the Company establishes the Title, or removes the alleged defect, lien, or encumbrance, or cures the lack of a right of access to or from the Land, or cures the claim of Unmarketable Title, all as Insured, in a reasonably diligent manner by any method, including litigation and the completion of any appeals, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused to the Insured. (b) In the event of any litigation, Including litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals, adverse to the Title, as Insured. (c) The Company shall not be liable for loss or damage to the Insured for liability voluntarily assumed by the Insured in settling any claim or suit without the prior written consent of the Company. 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY All payments under this policy, except payments made for costs, attorneys' fees, and expenses, shall reduce the Amount of Insurance by the amount of the payment. 11. LIABILITY NONCUMULATIVE The Amount of Insurance shall be reduced by any amount the Company pays under any policy insuring a Mortgage to which exception is taken in Schedule B or to which the Insured has agreed, assumed, or taken subject, or which is executed by an Insured after Date of Policy and which is a charge or lien an the Title, and the amount so paid shall be deemed a payment to the Insured under this policy. 12. PAYMENT OF LOSS When liability and the extent of loss or damage have been definitely fixed in accordance with these Conditions, the payment shall be made within 30 days. 13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT (a) Whenever the Company shall have settled and paid a claim under this policy, it shall be subrogated and entitled to the rights of the Insured Claimant in the Title and all other rights and remedies in respect to the claim that the Insured Claimant has against any person or property, to the extent of the amount of any loss, costs, attorneys' fees, and expenses paid by the Company. If requested by the Company, the Insured Claimant shall execute documents to evidence the transfer to the Company of these rights and remedies. The Insured Claimant shall permit the Company to sue, compromise, or settle in the name of the Insured Claimant and to use the name of the Insured Claimant in any transaction or litigation involving these rights and remedies. If a payment on account of a claim does not fully cover the loss of the Insured Claimant, the Company shall defer the exercise of its right to recover until after the Insured Claimant shall have recovered its loss. (b) The Company's right of subrogation includes the rights of the Insured to indemnities, guaranties, other policies of insurance, or bonds, notwithstanding any terms or conditions contained in those instruments that address subrogation rights. 14. ARBITRATION Either the Company or the Insured may demand that the claim or controversy shall be submitted to arbitration pursuant to the Title Insurance Arbitration Rules of the American Land Title Association (Rules'), Except as provided in the Rules, there shall be no joinder or consolidation with claims or controversies of other persons, Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Insured arising out of or relating to this policy, any service in connection with its issuance or the breach of a policy provision, or to any other controversy or claim arising out of the transaction giving rise to this policy. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured. All arbitrable matters when the Amount of Insurance is in excess of $2,000,000 shall be arbitrated only when agreed to by both the Company and the Insured. Arbitration pursuant to this policy and under the Rules shall be binding upon the parties. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court of competent jurisdiction. 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT (a) This policy together with all endorsements, if any, attached to it by the Company is the entire policy and contract between the Insured and the Company. In Interpreting any provision of this policy, this policy shall be construed as a whole, (b) Any claim or loss or damage that arises out of the status of the Title or by any action asserting such claim shall be restricted to this policy. (c) Any amendment of or endorsement to this policy must be In writing and authenticated by an authorized person, or expressly incorporated by Schedule A of this policy. (d) Each endorsement to this policy issued at any time is made a part of this policy and is subject to all of Its terms and provisions. Except as the endorsement expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsement, (iii) extend the Date of Policy, or (iv) increase the Amount of Insurance. 16. SEVERABILITY In the event any provision of this policy, in whole or in part, is held invalid or unenforceable under applicable law, the policy shall be deemed not to include that provision or such part held to be invalid, but all other provisions shall remain in full force and effect. 17. CHOICE OF LAW; FORUM (a) Choice of Law; The Insured acknowledges the Company has underwritten the risks covered by this policy and determined the premium charged therefor in reliance upon the law affecting interests in real properly and applicable to the interpretation, rights, remedies, or enforcement of policies of title insurance of the jurisdiction where the Land is located. Therefore, the court or an arbitrator shall apply the law of the jurisdiction where the Land is located to determine the validity of claims against the Title that are adverse to the Insured and to interpret and enforce the terms of this policy. In neither case shall the court or arbitrator apply its conflicts of law principles to determine the applicable law. (b) Choice of Forum; Any litigation or other proceeding brought by the Insured against the Company must be filed only in a state or federal court within the United States of America or its territories having appropriate jurisdiction. 18. NOTICES, WHERE SENT Any notice of claim and any other notice or statement in writing required to be given to the Company under this policy must be given to the Company at: 1 First American Way, Santa Ana, CA 92707, Attn: Claims Department ANTI -FRAUD STATEMENT: Pursuant to CRS 10-1.128(6)(a), it is unlawful to knowingly provide false, Incomplete, or misleading facts or information to an Insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment, fines, denial of Insurance and civil damages. Any insurance company or agent of an insurance company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado division of Insurance within the department of regulatory agencies. This anti -fraud statement is affixed to and made a part of this policy. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY Adopted 6-17-06 Copyright 2006-2015 American Land Title Association. All rights reserved. ao.06.policycover.odt Land Title Guarantee Company Representing First American Title Insurance Company Schedule A Order Number: ABB 70440703 Policy Number: TAAH70440703.1667693 Amount: $8,180,500.00 Property Address: 12700 W 44TH AVE, WHEAT RIDGE, CO 80033 1. Policy Date: June 16, 2016 at 5:00 P.M. 2. Name of Insured: STOR-ALL YOUNGSFIELD STREET, LLC, A DELAWARE LIMITED LIABILITY COMPANY 3. The estate or interest in the Land described or referred to in this Schedule and which is covered by this policy is: A FEE SIMPLE 4. Title to the estate or interest covered by this policy at the date is vested in: STOR-ALL YOUNGSFIELD STREET, LLC, A DELAWARE LIMITED LIABILITY COMPANY 5. The Land referred to in this Policy is described as follows: PARCEL A: THAT PART OF THE SE1/4 NW1/4 OF SECTION 20, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH P.M., DESCRIBED AS FOLLOWS: BEGINNING ATA POINT ESTABLISHED BY COUNTY SURVEY AS THE INTERSECTION OF THE NORTH AND SOUTH CENTER LINE OF SAID SECTION 20, AND THE CENTER LINE OF WEST 44TH AVENUE; THENCE SOUTH 89°50' WEST 567.4 FEET, THENCE SOUTH 0°32' EAST 344.1 FEET TO THE POINT OF BEGINNING OF THE PROPERTY HEREINAFTER DESCRIBED; THENCE SOUTH 89050' WEST 421.71 FEET; THENCE SOUTH 0°10' EAST 203.4 FEET, THENCE NORTH 89°50' EAST 423 FEET; THENCE NORTH 0°32' WEST 203.4 FEET TO THE POINT OF BEGINNING, EXCEPT THAT PORTION THEREOF DESCRIBED IN DEED RECORDED JULY 11, 1958 IN BOOK 1129 AT PAGE 117, AND EXCEPT THAT PORTION THEREOF DESCRIBED IN DEED RECORDED MAY 8, 1967 IN BOOK 1937 AT PAGE 339, AND EXCEPT THAT PORTION THEREOF DESCRIBED IN DEED RECORDED SEPTEMBER 2, 1966 IN BOOK 1895 AT PAGE 44, COUNTY OF JEFFERSON, STATE OF COLORADO. PARCEL B: THAT PART OF THE SE1/4 NW1/4 OF SECTION 20, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH P.M., DESCRIBED AS FOLLOWS: TRACT FOURTEEN (14) OF THE SURVEY MADE BY CARROLL COBERLY FILED JULY 26, 1946, AS FILE 314-315 OF THE TOWN PLATS OF JEFFERSON COUNTY, BEING MORE PARTICULARLY DESCRIBED Land Title Guarantee Company Representing First American Title Insurance Company Schedule A AS FOLLOWS: BEGINNING AT THE CENTER QUARTER CORNER OF SAID SECTION 20; THENCE NORTH 0020' WEST 674.08 FEET TO THE CENTER LINE OF WEST 44TH AVENUE; THENCE SOUTH 89050' WEST 694.8 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 0°10' EAST 344.1 FEET; THENCE SOUTH 89°50' WEST 126.6 FEET; THENCE NORTH 0°10' WEST 344.1 FEET, THENCE NORTH 89°50' EAST 126.6 FEET TO THE POINT OF BEGINNING, BEING THE SAME PROPERTY AS DESCRIBED IN THE DEED RECORDED SEPTEMBER 2, 1948 IN BOOK 612 AT PAGE 395, RECEPTION NO. 444139, EXCEPT THAT PORTION THEREOF AS DESCRIBED IN EXHIBIT "A" OF RULE AND ORDER RECORDED DECEMBER 21, 1966 IN BOOK 1914 AT PAGE 128, COUNTY OF JEFFERSON, STATE OF COLORADO, PARCEL C: ATRACT OR PARCEL OF LAND NO. 2AR OF THE STATE DEPARTMENT OF HIGHWAYS, DIVISION OF HIGHWAYS, STATE OF COLORADO, PROJECT NO. 1 70-3(8)268 SEC. 2, IN THE SE1/4 OF THE NW 1/4 OF SECTION 20, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH P.M., BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE NORTH -SOUTH QUARTER SECTION LINE OF SECTION 20 AND THE EAST -WEST CENTER LINE OF WEST 44TH AVENUE AS ESTABLISHED BY COUNTY SURVEY; THENCE S 89050' W ALONG SAID CENTER LINE OF W. 44TH AVENUE, A DISTANCE OF 821.4 FEET TO THE NE CORNER OF PARCEL 2A REV. DESCRIBED IN THE DEED RECORDED JUNE 19, 1959 IN BOOK 1201 AT PAGE 339, COLORADO DEPARTMENT OF HIGHWAYS PROJECT F 032-1(1); THENCE S 00010'E, ALONG THE EAST LINE OF SAID PARCEL 2A REV., A DISTANCE OF 253.0 FEET TO THE SOUTHEASTERLY RIGHT OF WAY LINE OF INTERSTATE 70 (JULY 1985), SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING; 1. THENCE S 00010'EALONG SAID EXISTING RIGHT OF WAY OF INTERSTATE 70 (JULY 1985), A DISTANCE OF 91.1 FEET TO THE SE CORNER OF SAID PARCEL 2A REV.; 2. THENCE S 89°50' W CONTINUING ALONG THE SAID EXISTING RIGHT OF WAY AND ALSO ALONG THE SOUTH LINE OF SAID PARCEL 2A REV., A DISTANCE OF 51.6 FEET; 3. THENCE N 29°21'15" E, A DISTANCE OF 104.7 FEET, MORE OR LESS, TO THE POINT OF BEGINNING, COUNTY OF JEFFERSON, STATE OF COLORADO. This Policy Valid only if Schedule B is attached. Land Title Guarantee Company Representing First American Title Insurance Company (Schedule B) Policy Number TAAH70440703.1667693 Order Number 70440703 THIS POLICY DOES NOT INSURE AGAINST LOSS OR DAMAGE BY REASON OF THE FOLLOWING: 1) ANY FACTS, RIGHTS, INTERESTS, OR CLAIMS THEREOF, NOT SHOWN BY THE PUBLIC RECORDS BUT THAT COULD BE ASCERTAINED BY AN INSPECTION OF THE LAND OR THAT MAYBE ASSERTED BY PERSONS IN POSSESSION OF THE LAND. 2) EASEMENTS, LIENS OR ENCUMBRANCES, OR CLAIMS THEREOF, NOT SHOWN BY THE PUBLIC RECORDS. 3) ANY ENCROACHMENT, ENCUMBRANCE, VIOLATION, VARIATION, OR ADVERSE CIRCUMSTANCE AFFECTING THE TITLE THAT WOULD BE DISCLOSED BY AN ACCURATE AND COMPLETE LAND SURVEY OF THE LAND AND NOT SHOWN BY THE PUBLIC RECORDS. 4) ANY LIEN, OR RIGHT TO ALIEN, FOR SERVICES, LABOR OR MATERIAL HERETOFORE OR HEREAFTER FURNISHED, IMPOSED BY LAW AND NOT SHOWN BY THE PUBLIC RECORDS. 5) (A) UNPATENTED MINING CLAIMS; (B) RESERVATIONS OR EXCEPTIONS IN PATENTS OR IN ACTS AUTHORIZING THE ISSUANCE THEREOF; (C) WATER RIGHTS, CLAIMS OR TITLE TO WATER. ITEM NOS, 1 THROUGH 3 AND 5AAND 5B OF THE STANDARD EXCEPTIONS ARE HEREBY DELETED. ITEM NO. 4 OF THE STANDARD EXCEPTIONS IS DELETED AS TO ANY LIENS OR FUTURE LIENS RESULTING FROM WORK OR MATERIAL CONTRACTED FOR OR FURNISHED AT THE SPECIFIC, DIRECT REQUEST, AND WITH THE ACTUAL KNOWLEDGE OF RALEVA PROPERTIES LLC, NOW KNOWN AS MANGONE FAMILY, LLC, A COLORADO LIMITED LIABILITY COMPANY. OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY SHALL HAVE NO LIABILITY FOR ANY LIENS ARISING FROM WORK OR MATERIAL FURNISHED AT THE SPECIFIC, DIRECT REQUEST, AND WITH THE ACTUAL KNOWLEDGE OF STOR-ALL YOUNGSFIELD STREET, LLC, A DELAWARE LIMITED LIABILITY COMPANY. 6) TAXES AND ASSESSMENTS FOR THE YEAR 2016 AND SUBSEQUENT YEARS. 7) ANY EASEMENT FOR EXISTING UTILITIES AS RESERVED IN THE DEED RECORDED JANUARY 12, 1987 UNDER RECEPTION NO. 87005226. (AFFECTS PARCEL C) 8) A PLANNED COMMERCIAL OUTLINE DEVELOPMENT FOR MANGONE OFFICE PARK, RECORDED SEPTEMBER 9, 1987 UNDER RECEPTION NO. 87115120. 9) RIGHTS OF WAY FOR THE BAYOU DITCH AND THE SLATER MOODY DITCH AS SHOWNON THE MANGONE OFFICE PARK DEVELOPMENT PLAN RECORDED SEPTEMBER 9, 1987 UNDER RECEPTION NO. 87115120. 10) ANY FACTS, RIGHTS, INTERESTS OR CLAIMS WHICH MAY EXIST OR ARISE BY REASON OF THE FOLLOWING FACTS SHOWN ON SURVEY PLAT PREPARED BY ENGINEERING SERVICE COMPANY, DATED AUGUST 12, 2015 SURVEY NO. 15085-G: A) BRIDGE TO ADJOINING PROPERTY ENCROACHES B) WIRE FENCES, CURBS, MONUMENT SIGN AND CONCRETE TRASH ENCLOSURE ALL LIE OUTSIDE OF RECORD TITLE PROPERTY LINES. SUBJECT TO THE CONDITIONS OF THE POLICY, PENDING SUCH TIME AS THE IMPROVEMENTS Land Title Guarantee Company Representing First American Title Insurance Company (Schedule B) Order Number 70440703 Policy Number TAAH70440703.1667693 CONTEMPLATED UPON INSURED PREMISES SHALL BE COMMENCED, LIABILITY UNDER THIS POLICY IS LIMITED TO THE PURCHASE PRICE FOR THE LAND; BUT AS AND WHEN THE ERECTION OF SUCH IMPROVEMENTS SHALL BE COMMENCED, LIABILITY HEREUNDER SHALL INCREASE, AS THE IMPROVEMENTS PROGRESS, IN THE AMOUNT OF THE COST THEREOF, UP TO THE FACE AMOUNT OF THIS POLICY. American Land Title Association Endorsement 9.1-06 Covenants, Conditions and Restrictions Unimproved Land - Owner's Policy Revised 04-02-12 ENDORSEMENT Attached to Policy No. TAAH70440703.1667693 Our Order No. 70440703 Issued By First American Title Insurance Company 1. The insurance provided by this endorsement is subject to the exclusions in Section 4 of this endorsement; and the Exclusions from Coverage, the Exceptions from Coverage contained in Schedule B, and the Conditions in the policy. 2. For the purposes of this endorsement only, "Covenant" means a covenant, condition, limitation or restriction in a document or instrument in effect at Date of Policy. 3. The Company insures against loss or damage sustained by the Insured by reason of: (a) Aviolation on the Land at Date of Policy of an enforceable Covenant, unless an exception in Schedule B of the policy identifies the violation; or (b) A notice of a violation, recorded in the Public Records at Date of Policy, of an enforceable Covenant relating to environmental protection describing any part of the Land and referring to that Covenant, but only to the extent of the violation of the Covenant referred to in that notice, unless an exception in Schedule B of the policy identifies the notice of the violation. 4. This endorsement does not insure against loss or damage (and the Company will not pay costs, attorneys' fees, or expenses) resulting from: (a) any Covenant contained in an instrument creating a lease; (b) any Covenant relating to obligations of any type to perform maintenance, repair, or remediation on the Land; or (c) except as provided in Section 3.b, any Covenant relating to environmental protection of any kind or nature, including hazardous or toxic matters, conditions, or substances. This endorsement is issued as part of the policy. Except as it expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy, or (iv) increase the Amount of Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of this endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions of the policy and of any prior endorsements. Copyright 2006-2016 American Land Title Association. All Rights Reserved AMERICAN The use of this Form is restricted to ALTA licensees and ALTA members LAND TITLE in good standing as of the date of use. All other uses are prohibited. ASSOCIATION Reprinted under license from the American Land Title Association. e to American Land Title Association Endorsement 9.1-06 Covenants, Conditions and Restrictions Unimproved Land - Owner's Policy Revised 04-02-12 ENDORSEMENT Attached to Policy No. TAAH70440703.1667693 Our Order No. 70440703 Issued By First American Title Insurance Company First American Title Insurance Company By: Land Title Guarantee Company By:rz.�w Authorized Signature Copyright 2006-2016 American Land Title Association. All Rights Reserved The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMERICAN LAND TITLE ASSOCIATION It.- 103.7-06 Access ENDORSEMENT Attached to Policy No. TAAH70440703.1667693 Our Order No. 70440703 Issued By First American Title Insurance Company The Company hereby insures the Insured against loss or damage that the Insured shall sustain by reason of the failure of the Land to abut upon a physically open street(s) known as XENON ST. This endorsement is issued as part of the Policy. Except as it expressly states, it does not (i) modify any of the terms and provisions of the Policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy, or (iv) increase the Amount of Insurance. To the extent a provision of the Policy or a previous endorsement is inconsistent with an express provision of this endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions of the Policy and of any prior endorsements. First American Title Insurance Company By: Land Title Guarantee Company By: V/U � Z t--� 7 Authorized Signature American Land Title Association Endorsement 17-06 Access and Entry ENDORSEMENT Attached to Policy No. TAAH70440703.1667693 Our Order No. 70440703 Issued By First American Title Insurance Company The Company insures against loss or damage sustained by the Insured if, at Date of Policy (i) the Land does not abut and have both actual vehicular and pedestrian access to and from YOUNGFIELD ST. (the "Street"), (ii) the Street is not physically open and publicly maintained, or (iii) the Insured has no right to use existing curb cuts or entries along that portion of the Street abutting the Land. This endorsement is issued as part of the policy. Except as it expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy, or (iv) increase the Amount of Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of this endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions of the policy and of any prior endorsements. First American Title Insurance Company By: Land Title Guarantee Company By: ):-4 17�.v Authorized Signature Copyright 2006-2016 American Land Title Association. All Rights Reserved The use of this Form is restricted to ALTA licensees and ALTA members AMERICAN in good standing as of the date of use. All other uses are prohibited. LAND TITLE Reprinted under license from the American Land Title Association. JMOCIATIoN s ,� American Land Title Association Endorsement 8.2-06 Commercial Environmental Protection Lien Adopted 10-16-08 ENDORSEMENT Attached to Policy No. TAAH70440703.1667693 Our Order No. 70440703 Issued By First American Title Insurance Company The Company insures against loss or damage sustained by the Insured by reason of an environmental protection lien that, at Date of Policy, is recorded in the Public Records or filed in the records of the clerk of the United States district court for the district in which the Land is located, unless the environmental protection lien is set forth as an exception in Schedule B. This endorsement is issued as part of the policy. Except as it expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy, or (iv) increase the Amount of Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of this endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions of the policy and of any prior endorsements. First American Title Insurance Company By: First American Title Insurance Company By: 4 � ZA�e 7 Authorized Signature Copyright 2006-2016 American Land Title Association. All Rights Reserved AMERICAN The use of this Form is restricted to ALTA licensees and ALTA members LAND TITLE in good standing as of the date of use. All other uses are prohibited. ASSOCIATION Reprinted under license from the American Land Title Association. I R -� American Land Title Association Endorsement 25-06 Same as Survey Adopted 10-16-08 ENDORSEMENT Attached to Policy No. TAAH70440703.1667693 Our Order No. 70440703 Issued By First American Title Insurance Company The Company insures against loss or damage sustained by the Insured by reason of the failure of the Land as described in Schedule A to be the same as that identified on the survey made by ENGINEERING SERVICE COMPANY dated AUGUST 12, 2015 and designated Job No, 15085-G. This endorsement is issued as part of the policy. Except as it expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy, or (iv) increase the Amount of Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of this endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions of the policy and of any prior endorsements. First American Title Insurance Company By: Land Title Guarantee Company Authorized Signature Copyright 2006-2016 American Land Title Association. All Rights Reserved AMERICAN The use of this Form is restricted to ALTA licensees and ALTA members LAND TITLE in good standing as of the date of use. All other uses are prohibited. ASSOCIATION Reprinted under license from the American Land Title Association. TM American Land Title Association Endorsement 19-06 Contiguity — Multiple Parcels Adopted 6-17-06 ENDORSEMENT Attached to Policy No. TAAH70440703.1667693 Our Order No. 70440703 Issued By First American Title Insurance Company The Company insures against loss or damage sustained by the Insured by reason of: 1. the failure of the Land to be contiguous along its common boundaries; or 2. the presence of any gaps, strips, or gores separating any of the contiguous boundary lines described above. This endorsement is issued as part of the policy. Except as it expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy, or (iv) increase the Amount of Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of this endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions of the policy and of any prior endorsements. First American Title Insurance Company By; Land Title Guarantee Company By: 7 Authorized Signature Copyright 2006-2016 American Land Title Association. All Rights Reserved The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMERICAN LAND TITLE ASSOCIATION J.P. Lack of Signatures ENDORSEMENT Attached to Policy No.TAAH70440703.1667693 Our Order No. 70440703 Issued By First American Title Insurance Company The Company assures the Insured that the Company will not deny liability under the Policy or any endorsements issued solely on the grounds that the policy and/or endorsement(s) were issued electronically and/or lack signatures in accordance with paragraph 15(c) of the Conditions, if the policy is a 2006 Owner's Policy, or paragraph 14(c) of the Conditions, if the policy is a 2006 ALTA Loan Policy. This endorsement is issued as part of the Policy. Except as it expressly states, it does not (i) modify any of the terms and provisions of the Policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy, or (iv) increase the Amount of Insurance. To the extent a provision of the Policy or a previous endorsement is inconsistent with an express provision of this endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions of the Policy and of any prior endorsements. First American Title Insurance Company By: Land Title Guarantee Company By: )4 7 1..1 Authorized Signature 2016058059 6/16/201610:51 AM PGS 2 $16.00 DF $55.05 Electronically Recorded Jefferson County, CO Faye Griffin, Clerk and Recorder TD1000 Y II I I IIS III I ntl 11 l l ll� 111 11 illl l 11 Il l III Stam Documentary Pee Special warranty Deed Dam (Formant to 38-30••115 C.R.S.) $ 55.05 TEUS DMW. made on :ZQ I fe by RALEVA PROPERTIES LLC, Now KNOWN AS B ANGONE FRAM Y, LLC, A COLORADO LIIIOTED vmmmhr COMPANY Gmntor ft of the County of JEFFERSON and State of COLORADO for the consideration of ($550,500.00) *** Five H ndrnd Fifty Thousand Five Iinn&,ed and 00/100 0*' dollars In luwd paid, hereby sells and mveys to STOP ALL YOUNGSFIELD STREET, LLC, A DELAWARE UMMD LIABII•,1'i'Y COWANY, Gramee(s), whose street address is 1375 WEST HILL SBORO BLVD., DEERFIE LD BEACH, FL 33442, the following real property in the Coimty of Jefferson, and State of Colorado, to wit; SSE ATTACLIED "EHIMM A" also known by street and n=ber as: 127011 W 44M AVE WHEAT RIDGE CO BM33 with all its Appurtenances and warrants the title against all persons claiming wider the Grantors) except GmsERAL TARSs Am ASMISMEIM FOR TEM YEAR 2016 AND SUBSEQUENT YEARS, RALEVAPROPERTMS LLC, NOW IMWN AS MANGOM FAMMY, LLC, A COLORADO LUM M1 LMMUUT C-W"ANY � r•� �� i• sir•' /• r �1wi7 Stat. GICO 0 p ; Courcy ot'.� � ) Swum to betme we on f2 by VINCENT C. MANGOiRF, MANAGER OF MAN NE FAMILY, LLC, A COLORADO LUVI]TED IJAIBIITTY COMPANY, FORMERLY KNOWN AS RAL>31T LLC OLORADO H MIIED 1JABiLTPY COMPANY ht Cmnmiasloo vq*m J=11 1`4- VAmeas my Irma and offb4 seal Numy bile EL99 Y WAITTESS HWARY P-4" STATE CWC NCl1AM D 20124082808 W ConMt**M EEn*" -Wu" 11, 2D7 When Recorded Retana to: STOR ALL ACQUISITIONS, LLC, A FLORIDA LQ4r[!ED LIABILITY COMPANY 1375 WEST FIILL6$ORO BLVD. DRERFrrrr•D BEACH, FL. 33442 Form 13773 10/2010 awd.open rev,odt Spedal Warranty Deed Open (Phomgtsphlc) AB8704a0703 =9M*Eve EILHIBIT A PARCEL A: THAT PART OF THE SEV4 NW114 OF SECTION 20, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 61H P.M., DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ESTABLISHED BY COUNTY SURVEY AS THE INTERSECTION OF THE NORTH AND SOUTH CENTER LINE OF SAID SECTION 20, AND THE CENTER LINE OF WEST 44TH AVENUE; THENCE SOUTH 89050' WEST 567.4 FEE, THENCE SOUTH 0°32' EAST 344.1 FEET TO THE. POINT OF BEGINNING OF THE PROPERTY HEREINAFTER DESCRIBED; THENCE SOUTH 89°50' WEST 42L71 FEET, THENCE SOUTH 0010' EAST 203.4 FEET; THMWM NORTH &9050' EAST 423 FEET, THENCE NORTH 0°32' WEST 203.4 FEET TO THE POINT OF BEGINNING, EXCEPT THAT PORTION THEREOF DESCRIBED IN DEED RECORDED JULY 11, AM IN BOOK 1129 AT PAGE 417, AND EXCEPT THAT PORTION THEREOF DESCRIBED IN DEED RECORDED MAY 8, 1967 IN BOOK 1937 AT PAGE 339, AND EXCEPT THAT PORTION THEREOF DESCRIBED IN DEED RECORDED SEPTEMBElt 2,1966 IN BOOK 1895 AT PAGE 44, COUNTY OF JEFFERSON, STATE OF COLORADO. PARCEL B: THAT PART OF THE SE1/4 NW114 OF SECTION 20, TOWHSHIP 3 SOUTH, RANGE 69 WEST OF THE 61H P.M., DESCRIBED AS FOLLOWS: TRACT FOURTEEN (14) OF THE SURVEY MADE BY CARROLL COBERLY FILED JULY 26,1946, AS FILE 314315 OF THE TOWN PLATS OF JEFFERSON COUNTY, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE CENTER QUARTER CORNER OF SAID SECTION 20; THENCE NORTH 0°20' WEST 674.08 FEET TO THE CENTER LINE OF WEST 44TH AVENUE, THENCE SOUTH &9°50' WEST 694.8 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 0°10' EAST 344.1 FEET, THENCE SOUTH WSW WEST 126.6 FEST; THENCE NORTH 0°10' WEST 344.1 FEET; THENCE NORTH 89ON EAST 126.6 FEET TO THE POINT OF BEGINNING, BEING THE SAME PROMITY AS DESCRIBED IN THE DEED RECORDED SEPTEMBER 2;1948 IN BOOK 612 AT PAGE 395, RECEPTION NO. 444139, EXCEPT THAT PORTION THEREOF AS DESCRIBED IN EXHIBIT "A" OF RULE AND ORDER RECORDED DECEMBER 21,1966 IN BOOK 1914 AT PAGE 128, COUNTY OF JEFFERSON, STATE OF COLORADO. PARCEL C: A TRACT OR PARCEL OF LAND NO.2AR OF THE STATE DEPARTMENT OF HIGHWAYS, DMSION OF HIGHWAYS, STATE OF COLORADO, PROJECT NO. 1 70-3(8)268 SEC. 2, IN THE SE114 OF THE NW 114 OF SECTION 20, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH P.M., BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE NORTH -SOUTH QUARTER SECTION LINE OF SECTION 20 AND THE EAST -WEST CENTER LINE OF WEST 44TH AVENUE AS ESTABLISHED BY COUNTY SURVEY; THENCE S 89050' W ALONG SAID CENTER LINE OF W. 44TH AVENUE, A DISTANCE OF 821.4 FEET TO THE NE CORNER OF PARCEL 2A REV. DESCRIBED IN THE DEED RECORDED NNE 19,1959 IN BOOK 1201 AT PAGE 339, COLORADO DEPARTMENT OF HIGHWAYS PROJECT F 032-1(1); THENCE S 00010' E. ALONG THE EAST LINE OF SAID PARCEL 2A REV., A DISTANCE OF 253.0 FEET TO THE SOUTHEASTERLY RIGHT OF WAY LINE OF INTERSTATE 70 (JULY 19851 SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING, I. THENCE S 00910T ALONG SAID EXISTING RIGHT OF WAY OF INTERSTATE 70 (JULY 1985), A DISTANCE OF 91.1 FEET TO THE SE CORNER OF SAID PARCEL 2A REV.; 2. THENCE S 89°5(' W CONTINUING ALONG THE SAID EXISTING RIGHT OF WAY AND ALSO ALONG THE SOUTH LINE OF SAID PARCEL 2A REV., A DISTANCE OF 51.6 FEET, 3. THENCE N 29021'15" E, A DISTANCE OF 104.7 FEET, MORE OR LESS, TO THE POINT OF BEGINNING, COUNTY OF JEFFFMON, STATE OF COLORADO. Form 13773 102010 swd.open ev.odt Special Wummy Deed Open U%omgapMc) ARB70440703 {35290872} 004 Gailioway February 8, 2017 City of Wheat Ridge Community Development ATTN: Meredith Reckert 7500 W 29`h Avenue Wheat Ridge, CO 80033 Re: Stor-All Storage Subdivision Plat (Consolidation) — Written Letter of Request 4730 Youngfield Dear Meredith: Please accept this letter, along with our supporting documents attached for review of a subdivision plat application to consolidate existing lots. The subject project was previously approved for an OPD and SDP to allow for construction or an enclosed climate controlled, approximately 109,000 square foot indoor mini -warehouse facility. Along with the building improvements will be landscaping, parking and on-site detention and water quality infrastructure. As stated, the purpose of the plat is to consolidate existing, previously unplatted lots; metes and bounds parcels A, B and C. The impetus for the consolidation plat is to allow for construction of the aforementioned building. Please feel free to contact any of us below should you require additional information or supporting documents in order to process our application submittal. Sincerely, Galloway & Company, Inc. Aaron McLean Site Development Coordinator Aaron McLean(cDGallowayUS.com Adam Koester, PE SR Civil Project Engineer AdamKoester(a)GallowayUS.com Galloway & Company, Inc 9 303.770.8884. 6162 S. Willow Drive, Suite 320 . Greenwood Village, CO 80111 0 www.GallowayUS.com STOR•ALL 1375 W. HILLSBORO BLVD., DEERFIELD BEACH, FL 33442 Stor All Systems, Inc. City of Wheatridge 5013 Younasfield Street - CO DATE INVOICE NO DESCRIPTION ACCOUNT NO. INVOICE AMOUNT DEDUCTION BALANCE 1-31-17 013117-5013 1100.513 30150 1060.00 .00 1060.00 CHECK 1-31-17 CHECK 10247 TOTAL > 1060.00 .00 1060.0 DATE NUMBER PLEASE DETACH AND RETAIN FOR YOUR RECORDS ♦ I submitted BV Al City 01 planner. Incomp ]�q"`WheatRidge be accepted—ref LAND USE CASE PROCESSING APPLICATION Community Development Department 7500 West 291' Avenue • Wheat Ridge, CO 80033 • Phone (303) 235-2846 (Please print or type all information) Applicant Stor-All Youngsfield Street LLC Phone 954-421-7888 Email bradr@stor-all.com Address, City, State, Zip 1375 West Hillsboro Blvd., Deerfield Beach FL 33442 Owner Stor-All Younqsfield Street, LLC Phone Email Address, City, State, Zip 701 Western Avenue, Glendale, CA 91201 Contact Galloway & Company, Inc Phone 303-770-8884 Email AaronMcLean@GallowayUS.com Address, City, State, Zip 6162 South Willow Drive, Suite 320; Greenwood Village, CO 80111 (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): 4370 Youngfield Street Type of action requested (check one or more of the actions listed below which pertain to your request): O Change of Zone or Zone Conditions O Special Use Permit 0 Subdivision — specify type: O Planned Development (ODP, SDP) O Conditional Use Permit 0 Administrative (up to 3 lots) O Planned Building Group O Site Plan O Minor (4 or 5 lots) O Temporary Use, Building, Sign O Concept Plan O Major (6 or more lots) O Variance/Waiver (from Section 26-_) O Right of Way Vacation O Other:__ Detailed description of request: Consolidation plat to merge existing platted lots into one buildable lot. 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 ant 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 oivner which approved of this ac ion o Isis behalf. Notarized Signature of Applicant State of Colas da � 1(1�i L"'e County of i�LLO t 0 } ss The fo gggoin inst ument ( and Use Processin A lication) was acknowledged by me this !=`i! day of � •.'} , 20,'? by r) fl t�.: SHARON ESTOK MY COMMIS510N Y FF 9W9 /f 2019 My commission expires J �� BoondedRThruWtenP bkDocernbeUndermiters Notary ublic pt" To be filled out by staff: Date received ,Q–(3-I'J Comp Plan Design. Related Case No. Assessor's Parcel No. .3 0-t17T Size (acres or sgfi) S2 781 j� 17.1 Fee $ /O IPO, oz> Receipt No. C6AQ L334 Pre -App Mtg. Date Current Zoning Proposed Zoning Case No. Quarter Section Map � �,dIQZ Case Manager _kr-I- Current Use Uo Proposed Use Jndwr January 31, 2017 RE: 4370 Youngfield Street, Wheat Ridge, CO APN 39-202-00-027 and 39-202-00-11 ("Property") To Whom It May Concern: Stor-All Storage Youngsfield, LLC ("Owner") owns the above referenced property. Owner hereby appoints Galloway and Company, Inc. ("Galloway"), either individually or collectively, as its agent for purposes of submitting to and processing with the City of Wheat Ridge, CO all necessary document, forms, and applications as they pertain to such development. Galloway is not authorized to execute any binding documents on behalf of Owner. Youngsfield, LLC Name I. �O\, k Its: STATE OF FLORIDA ss. County of Broward This instrument was acknowledged before me on 2017, by John Anderson as Manager. n ,01'.=-E SHARON ESTOK 1f _'MMISSION IR FF 935069 '•2019 otar Public - State of Florida S:DecembcUndy %f pu Notary Pub c Underrn ters January 31, 2017 RE: 4370 Youngfield Street, Wheat Ridge, CO APN 39-202-00-027 and 39-202-00-11 ("Property") To Whom It May Concern: Stor-All Youngsfield Street, LLC ("Owner") owns the above referenced property. Owner hereby appoints Galloway and Company, Inc. ("Galloway"), either individually or collectively, as its agent for purposes of submitting to and processing with the City of Wheat Ridge, CO all necessary document, forms, and applications as they pertain to such development. Galloway is not authorized to execute any binding documents on behalf of Owner. Stor-All Youngsfield Street, LLC Wendy Elliott From: Aaron McLean <AaronMcLean@gallowayus.com> Sent: Tuesday, January 31, 2017 2:35 PM To: Wendy Elliott Cc: Susan Glassey; John Anderson Subject: RE: Wheat Ridge plat fee Wendy, This is a different site. The $1400 was for Littleton JeffCo site, for the SDP that we're submitting this week as well. So they are separate. GALLOWAY Aaron McLean Site Development Coordinator 303.770.8884 {sent from a mobile device} -------- Original message -------- From: Wendy Elliott <wendye a Stor-all.com> Date: 1/31/17 12:30 PM (GMT -07:00) To: Aaron McLean <AaronMcLean iigallowayus.com> Cc: Susan Glassey <susanl�(?stor- all. com>, John Anderson <johna(?Stor-all.com> Subject: RE: Wheat Ridge plat fee Hi Aaron- Is this fee for $1,060.00 in addition to the $1400 we already paid, bringing the total plat fee to $2460? From: Aaron McLean [mailto:AaronMcLean@gallowayus.com] Sent: Tuesday, January 31, 2017 2:09 PM To: Wendy Elliott Subject: Wheat Ridge plat fee Hi Wendy, We need another fee check for the plat at Wheat Ridge, info below: $1,060.00 City of Wheat Ridge Community Development You can send the check to my attention here at Galloway again. Any chance we could have this by Friday morning? We are targeting our submittal for that afternoon. We can send the receipt once paid. Thanks, Galloway Planning. Architecture. Engineering. 1