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Home My WebLink AboutApplication-PermitI Garfield County Building & Planning Department 108 8th Street, Suite #401 Glenwood Springs, Co. 81601 Office:970·945·8212 Fax: 970-384-3470 Inspection Line: 970·384-5003 Building Permit No. Parcel No: 2175-232-00-141 -- Locality: Job Address: 21348 6&24 Rifle -------~~----------~~~~~------~------~~---~-~--------- Use of Building: ____ ..c:c.::.ol=d/~n heated storag_El. Owner: ____ ......:S:.:outhern Pacific TJ§~~Jlorlation Co. _______________ __ Contractor: DKB Construction Services _ ___::: -··-···--·---- Fees: Plan Check: 600.44 Septic: Bldg Permit: 923.75 Other Fees: Total Fees: _t_ 1,524.19 Clerk: Date: I I \) ' ~ '-k ' ' <{ ~ J . ·s ! 1 2 .. 3 4 5 6 7 8 9 10 11 GARFIELD COUNTY BillLDING PERMIT APPLICATION 108 8" Street, Suite 401, Glenwood Springs, Co 81601 Phone: 970-945-8212 I Fax: 970-384-3470 I Inspection Line: 970-384-5003 www.garfield-county.com Parz.~o~thi52rrn~o;:.:;~lel '41 ossesso<S office 970-945-9134) Job Address: (if an add]:] has r~ been assigned, please pro~ Cr (r: or Street Name & City) or and ~ description ELl3 4B W t'o<>l-2.4 , , 1 e. W cpd0'?5 Lot No: Block No~ Subd./ Exemption: ~~(~r-e;c:.ct.tiJi~~e:t-A~ [·77)3Jng &~~~s: tl/ !LJ fflf/ci:,101 Ph: o a;;; a.: ~wa 11, • . 97D-7bB··CD43 I fi,OlJ.\f:Etp{' Qyfif~ I . c-. "'"6 Mailing Ad~ltJ~f. Q (\i,k{ @~StA I ~OI'Ffu.t" > •' ( •ljl P97 D-434-'3430 O';chitecl I Engine§: Pian t D~ailing Adrhs:<et · Ph: <.ltv·ww:~-ee_ ve~ S e Sq. Ft. of Building: :30 2. f\.SF Sq. Ftl>r Acrtj of#\:1"!'! , 5 c. res,.,·· Height: 23 Feel Use of Building: Cefc f~Llf\ 1\eatd s-foraqe. Describe Work: ~ Me~ BU:I ldlrtCi '.1 Class of Work: " \{t-lew o Alteration o Addition AltP~ . 71J-7 /PPJ91 Alt Ph: )1~ "l7l>-9B6r!Bb - Alt Ph: No. of Floors: .{I) Oi'\e_ Garage: /VA- o Attached 0 Detached Septi~Jv /t o!SDS o Community 12 Driveway Pennit: Nfl Owners valuation of Work: $ 12.5,oc.>C:> NOTICE Autboritv. This application for a Building Permit must be signed by the Owner of the property, described above, or an authorized agent. If the signature below is not that of the Owner, a separate letter of authority, signed by the Owner, must be provided with this Application. Legal Access. A Building Permit cannot be issued without proof of legal and adequate access to the property for purposes of inspections by the Building Department. Other Pcnnits. Multiple separate permits may be required: ( l) State Electrical Permit, (2) County ISDS Permit, (3) another permit required for use on the property identified above, e.g. State or County Highway/ Road Access or a State Wastewater Discl1arge Permit. Void Permit. A Building Pennit becomes null and void if the work authorized is not commenced within 180 days of the date of issuance and if work is suspended or abandoned for a period of 180 days after commencement. CERTIFICATION I hereby certify that I have read this Application and that the information contained above is true and correct. I understand that the Building Department accepts the Application, along with the plans and specifications and other data submitted by me or on my behalf (submittals), based upon my certification as to accuracy. Assuming completeness of the submittals and approval of this Application, a Building Permit will be issued granting permission to me, as Owner, to construct the structure(s) and facilities detailed on the submittals reviewed by the Building Department. In consideration of the issuance of the Building Permit, l agree that I and my agents will comply with provisions of any federa~ state or local law regulating the work aJJd the Garfield County Building Code, ISDS regulations and applicable land usc regulations (County Regulation(s)). I acknowledge that the Building Pennit may be suspended or revoked, upon notice from the County, if the location, construction or use of the structure(s) and facility(ies), described above, are not in compliance with County Regulation(s) or any other applicable law. I hereby grant permission to the Building Department to enter the property, described above, to inspect the work. I further acknowledge that the issuance oft he Building Pennit does not prevent the Building Official from: (I) requiring the correction of errors in the submittals, if any, discovered after issuance; or (2) stopping construction or use of the structure(s) or facility(ies) if such is in violation of County Regulation(s) or any other applicable law. Review of this Application, including submittals, and inspections of the work by the Building Department do not constitute an acceptance of responsibility or liability by the County of errors, omissions or discrepancies. As the Owner, I acknowledge that responsibility for compliance with federal, state and local laws and County Regulations rest with me and my authorized agents, including without limHation my "'chitect d"'igne<, enginoo< and/ m buHde<. I /c. !HEE::::E THF BE ~:j~DA::ER:ANDTHE NOTICE & CERTIFICATION 57 9 0 e OWNERS SIGNATURE I DATE I I STAFF USE ONLY Issued Date: -Zoning: I The following items are required by Garfield County for a final Inspection: 1) A final Electrical Inspection from the Colorado State Electrical Inspector. 2) Permanent address assigned by Garfield County Building Department and posted at the structure and where readily visible from access road. 3) A finished roof; a lockable building; completed exterior siding; exterior doors and windows installed; a complete kitchen with cabinets, sink with hot & cold running water, non-absorbent kitchen floor covering, counter tops and finished walls, ready for stove and refrigerator; all necessary plumbing. 4) All bathrooms must be complete, with washbowl, tub or shower, toilet, hot and cold running water, non-absorbent floors, walls finished, and privacy door. 5) Steps over three (3) risers, outside or inside must be must have handrails .. Balconies and decks over 30" high must be constructed to all me and IRC requirements including guardrails. 6) Outside grading completed so that water slopes away from the building; 7) Exceptions to the outside steps, decks, grading may be made upon the demonstration of extenuating circumstances., i.e. weather. Under such circumstances A Certificate of Occupancy may be issued conditionally. 8) A final inspection sign off by the Garfield County Road & Bridge Department for driveway installation, where applicable; as well as any final sign off by the Fire District, and/or State Agencies where applicable. A CERTIFICATE OF OCCUPANCY (C.O.) WILL NOT BE ISSUED UNTIL ALL THE ABOVE ITEMS HAVE BEEN COMPLETED. A C.O. MAY TAKE UP TO 5 BUSINESS DAYS TO BE PROCESSED AND ISSUED. OWNER CANNOT OCCUPY OR USE DWELLING UNTIL A C.O. IS ISSUED. OCCUPANCY OR USE OF DWELLING WITHOUT A C.O. WILL BE CONSIDERED AN ILLEGAL OCCUPANCY AND MAY BE GROUNDS FOR VACATING PREMISES UNTIL ABOVE CONDITIONS ARE MET. I understand and agree to abide by the above conditions for occupancy, use and the issuance of a C.O. for the building identified in the Building Permit. OWNERS SIGNATURE I DA1E Bapplicationdecember2007 r u fl. VALUATIONFEEDETERMINATION (j.))~(: -.)0<-ll"eii""Vl fc.<.Ci -c::.. !::~::.ntL~e c;A;-dl.;""'e Schwj"t ~:~~~::n Date __.:::: / ~ df Contractor Finished (Livable Area): Main Upper Lower Other Total Basement: Unfinished Square Feet Valuation Conversion of Unfinished to Finished Total Valuation Garage: Valuation Crawl Space Valuation Decks/ Patios Valuation Covered Open Type of Construction: Occupancy: S-1 Cold Storage Valuation Total Valuation sf sf sf sf X $74.68 0 sf sf X $41.00 sf X $33.68 sf X $18.00 sf X $9.00 sf X $24.00 sf X $12.00 Commercial 3000 sf X $29.99 sf X sf X sf X sf X sf X 0.00 0.00 0.00 0.00 0.00 89,970.00 89,970.00 No. __________ ~1~1~00=6~---Assessor's Parcel No. 2175-232-00-141 (Jf'~P ~ ~~ s1sot2oos IIUBf!.DU'I1Q IPEAil¥111' CARD 'J(p<?-00]13 Job Address ----~2~1~34~8~hwy~~6~&~24~,~R~i~fi~e~~------------------------~1~~~g~~~b~e_q~( ________ _ ::ioutflern Pacmc 1 ransportatton!lease:ticnwmt 1 Owner Ronnie Contractor fX.5'11#2 tll<ilii ~eAsbl!ileti ~ 1 Sm V' Address 103E Gateway Ave, Rifle Phone # 970-768-0043 Address 507 Fruitvaile Court, G.J Phone # 970-434-3430 Setbacks: Front _______ Rear ______ RH LH ________ Zoning _____ _ cold/unheater storage INSPECTiONS Soils Test Weatherproofing ______________ _ Footing 7,_1_-0 ~ AC7ii/l Mechanical ______________ _ Foundation ?'-I& · b&':MVt: Electrical Rough (State)------------- Grout Electri9, I inal (State)---------,,---,.--- Underground Plumbing Final.5!. /Checkli~t J1ii( Rough PI um,bi n,g Occupancy # -'<:b'~""'-..:--r7-,....------ Framing 21-:/;-Of{~ Date Insulation 2 ~ I$"~ Septic System #~===::~::::~===== Roofing Date ------------- Drywall Final ____________ __ Gas Piping------------Other ________________ _ NOTES (continue on back) ILDING P GARFIELD COUNTY, COLORADO INSPECTION WILL NOT BE MADE UNLESS THIS CARD IS POSTIED ON THE JOB IT Date Issued _{I_· '3=----()-0=~:_____ __ Permit No. __,_,_UOOc__~-"'----- AGREEMENT In consideration of the issuance of the permit, the applicant hereby agrees to comply with all laws and regulations related to the zoning, location; construction and erection of the proposed structured for which this permit is granted, and further agrees that if the above said regulations are not fully complied with in the zoning, location, erection and construction of the above described structure, the permit may then be revoked by notice from the County Building department and IMMEDIATELY BECOME NULL AND VOID. useCDlA ls~ente0fed s:rtlrt11J8 -·------Addressor::::n;,l\~'C l:\W~ kJ~tA aJ·fle OwneSwl:hfr'"n 1bt;:(r1Rl&. Contractor1J(f> On;~_,__. _ Building PermitTyp.cnmro This Card Must Be Posted So It Is Plainly Visible From The Street Until Final Inspection INSPECTION RECORD / Footing ) Driveway -· --·-· 1-/-D8 f0rJ' Foundation I Grouting Insulation :}leo r 0/<. 1-/& -o& ~ ;2-1"6-b~ ~ Underground Plumbing Drywall -"j/!?\ f'\fi- Rough Plumbing Electri~71~/X1tale Inspector) --rt?t (PriortoFin<ll) ~ Rough Mechanical Septic Final "'"Vt,i£-~ Gas Piping FINAL ~ s/12-j;o ~ Electric Rough (by State Inspector) (You Must Cat! For Final Inspection) / Notes J?P? /) ~I< o/t-1/v '1 (Prior to Framing) Framing 7f_,~ \J-,JJ/i ffR Y-1~ -oy-"'~1: . :1.{} . ( :5'4p) ~~npi•~Lftb:i~ed;::,dopplng~~ THIS PERMIT IS NOT TRANSFERABLE For Inspection Call970·384-5003 Office 970-945-8212 108 8th Street, Suite 401 Glenwood Sprangs, Colorado 81601 APPROVED Date ___ _ DO NOT DESTROY THIS CARD ~<9 "30·Q'g PROTECT p:~fr.J~?~!U:~~ 6flcr - (DO NOT LAMINATE) COUNTY OF GARFIELD-BUILDING DEPARTMENT CORRECTION NOTICE 108 8th St., Suite 401 Glenwood Springs, Colorado Phone (970) 945-8212 Job located at 021.:3'16 1/uJtj &. pI Permit No. --'-!tL-'/"-'Ot?"---=c/ ____________ _ I have this day inspected this structure and these premises and found the following corrections needed: . . 0 Call for Re-lnspection 0 $50.00 Re-lnspection Fee must be paid prior to Re-lnspection You are hereby notified that the above correction must be inspected before covering. When correction(s) have been made, caii for inspection at 970-384-5003. Date d -/& . 20 01 Building Inspector ~;; ~.--'---=-- Phone (970) 945-8212 OKS CoNsTRUCTION SERVICEs -------------------~~ April 6, 2009 Mr. Andy Schwaller Chief building Official 108 Eighth Street, Suite 401 Glenwood Springs, CO 81601 Subject: Contractor Status for Permit 11006 Dear Mr. Schwaller, RECEIVED APR 1 3 2009 This is to inform you that DKB Construction Service will not longer be the Contractor for the commercial project located at 21348 Hwy 6 & 24, Rifle, CO 81650, Garfield County, Colorado Building Permit #11006. The Owners are working with the appropriate and qualified companies and individuals to complete the project and no longer need our services. It has been a genuine positive experience, for us at DKB Construction Services, to work with you and everyone else (It the Garfield County Building Department throughout this endeavor. We look forward to working with you again in the future. Please call if you have any questions. Sincerely, t;~v,'(_'D~ Dennis K Buxman Owner/President DKB Construction Services -------------------~~-------------------- 507 Fruitvale Court • Grand Junction, CO 81504 • (970) 434-3430 • (970) 434-9584 Fax May. 12. 2010 9:56AM McAtlin Electrical Corp.Colorado No.0159 P~t,)lofl COLORADO STATE ELECTRICAL BOARD INSPECTION REPORT I CORRECTION NOTICE Date Received: 12-JUN-09 Contractor/HomeOwner: Address: Type of Inspection: Action: Comments or Corrections: Permit Number: 653686 MCATLIN ELECTRICAL CORP 21348 Hwy 6 Final Accepted 1) 352.46 PVC conduit requires bushing 2) Installer on site making corrections (Jared Bean Lie# 29686) 3) Other corrections finished 4) Electric final OK 5) Meter release -OK Inspectors Name: Cyrus Tuchscher Phone Number: 970-625-5085 Date: 12-JUN-09 COLORADO STATE ELECTRICAL BOARD DEPARTMENT OF REGULATORY AGENCIES 1580 Logan St. Suite 550 Denver, Colorado 80203-1941 Phone: (303) 894-2985 THUNDER MOUNTAIN TESTING ••• 2973 F. Road + Grand Junction, CO 81504 (970) 256-9965/ Cell (970) 210-7008/ FAX (970) 314-7067 DKB Construction Services 507 Fruitvale Court Grand Junction, CO 81504 ATTN: Mr. Dennis Buxmao RE: Unheated Storage Building 21348Hwy6&24 Rifle, Colorado Dear Mr. Buxman, July 28, 2008 Permit #11006 As requested, structural steel special inspection was conducted per the !BC 2003 Edition -Chapter 17: Structural Tests aod Special Inspection aod Garfield County requirements. I arrived on site at 8:45 AM. I met with you to review project specifications and requirements. The pre-engineered metal building maoufacturer for this project is WedgCor, Inc. in Jamestown, ND. Visual inspection was condncted at the Roof Framing Plao Level on the W' & %" ASTM A325 High Strength beam to beam aod beam to column bolted connections. Project bolt tension requirements indicate "Turn-of-the-nut" method as referenced on supplied drawings provided by WedgCor, Inc.: PO #W30642-JS43306 (Rev. 2) dated 5/9/08 -Sheet No. A3 of 3: General Notes, High Strength Bolts. As a mininnnu, I 0% of all connections, bnt not less thao two bolts per connection were inspected for proper bolt tension requirements aod proper match marking techniques as required for Periodic Inspection per Table 1704.3, Item 2.a of the !BC. Inspection was conducted at grid line A-D & I -4. All bolted areas inspected were observed to be adequately tensioned to project bolt tension requirements. Dave Mead From: Andy Schwaller Sent: To: Wednesday, September 30, 2009 9:00AM Jim Wilson; Matt Provost; Dave Mead Subject: FW: CTAP Water Supply Not sure which one this is. If you guys know please place in file. Thanks, Andy From: Jason Clark [mailto:jaclark@riflefiredept.org] Sent: Tuesday, September 29, 2009 4:00 PM To: Andy Schwaller Subject: CT AP Water Supply Andy, The private water supply at CT AP (West Rifle) has been tested and approved by the Rifle Fire Protection District Thanks! Jason Clark Fire Inspector Rifle Fire Protection District Office: 970-625-1243 Mobile: 970-379-0303 _____ Information from ESET NOD32 Antivirus, version of virus signature database 4471 (20090930) The message was checked by ESET NOD32 Antivirus. http://www.eset.com 1 DKB CONSTRUCTION SERVICES 9704349584 OKS CONSTRUCTION SERVICES, LLC April 6, 2009 Mr. Andy Schwaller Chief building Official 108 Eighth Street, Suite 401 Glenwood Springs, CO 81601 • Subject: Contractor Status for Permit 11006 ~Mr. Schwaller, p.2 . This is to inform you that DKB Construction Service will not longer be the Contractor for the commercial project located at 21348 Hwy 6 & 24, Rifle, CO 81650, Garfield County, Colorado Building Permit # 11006. The Ov,ners are working with the appropriate and qualified companies and individuals to complete the project and no longer need our services. It has been a genuine positive experience, for us at DKB Construction Services, to work with you and everyone else at the Garfield County Building Department throughout this endeavor. We look forward to working with you again in the future. Please call if you have any questions. Sincerely, h<2AN~ lz lSt<-J~ Dennis K Buxman / Owner/President DKB Construction Services ---!1,-L---------~ 15 5 North 7th Street -Grand Junction, CO 81501 -Office: 970-434-3430 -Fax: 970-434-9584 II. Page 1 of2 Andy Schwaller From: Roussin, Daniel [Daniei.Roussin@DOT.STATE.CO.US] Sent: Tuesday, June 24, 2008 3:46 PM To: Dee Guttmann Subject: RE: Lacy Park Dee -As we discussed, CDOT has no issue with placement of a garage on the Lacy parcel. This would more than likely be considered a minor improvement in accordance with the Code. Therefore, CDOT has no jurisdiction on the installation of the garage. However, this access has there for years and it is a good idea to permit the access for volume for your records and CDOT records. Therefore, I agree we need to formalize the access. Please apply for the permit and COOT will formalize the permit. If you have any questions, please let me know. Thanks Dan Roussin R3 CDOT Traffic From: Dee Guttmann [mailto:daglaw@gvii.net] Sent: Tuesday, June 24, 2008 11:59 AM To: Roussin, Daniel Subject: Lacy Park Hi Dan: I've passed on your authorization to proceed with the access to my client regarding the Lacy Park project near Rifie. As you suggested, I would appreciate it if you would give me that authorization in writing -an e-mail reply will suffice. Next, I am preparing the Access Permit Application as we discussed and I had one question -the permittee is technically the lessee, my client. The property owner is the Union Pacific RR. I have a contact at Union Pacific if you want their contact info and a signature or, if you wish, I can insert my client's contact info and have him sign the app. If you can, give me a call this afternoon and we can discuss it. Thanks. Dee. D.A. Guttmann, P.C. 518 28 Road, Suite B 104 P.O. Box 861 Grand Junction, CO 81502 Phone: (970) 243-8263 FAX: (970) 243-3662 This e-mail and any attachments may be confidential or legally privileged. If you received this message in error or are not the 6/25/2008 Dennis Buxman Craig Richardson Andy Schwaller To Whom It May Concern: Q.E.D. Surveying Systems, Inc 1018 Colorado Ave. Grand Junction, CO 81501 (970) 241-2370 This note is to confirm that the lease parcel described and shown on Q.E.D. project #2008-077 is located in the Special Use Area described in Resolution No. 80-178. Prepared By: Richard L. Mulliken LS #33201 Q.E.D. Surveying Systems, Inc .·- ' ~- 08/08/2008 07:31 9704349584 DKB CONSTRUCTIQN SVC PAGE 01 DKB CoNSTRUCTION SERVICES ~------------------- FAX COVER SHEET DATE: August 8, 2008 ATTENTION: Andy Schwaller COMPANY: Garfield County Building Department FAX#: 970-384-3470 FROM: Dennis Buxman PAGES (INCLUDING COVER SHEET): Two (2) RECEIVEU AUG 0 S zoos GARFIELD COUNTY BUILDING & PLANNING SUBJECT: Permit #I 1006-Special Inspection for High Strength Bolting Andy, Following this cover sheet you should receive the conclusive High Strength Bolting test results from Scott L. Maxwell of Thunder Mountain Testing. There will also be an identical copy located with the approved permit. Please contact me if there are any questions or if l can be of any further assistance on this matter. Thank you, Dennis K Buxman DKB Construction Services 507 Fruitvale Court Grand Jwlction, CO 81504 Ofc: 970-434-3430 Fax: 970-434-9584 Cell: 970-986-1804 Email: dkbcs@acsol.net ------------------~------------------- 507 Fruitvale Court • Grand Junction, CO 81504 • (970) 434-3430 • (970) 434-9584 Fax 08/08/2008 07:31 9704349584 DKB CONSTRUCTIQN SVC THUNDER MOUNTAIN TESTING ••• :1973 F. Ro11d + Gl"llnd Junction, co 81~4 (970) 156-9%5/ Cell (970) li0--7008 I FAX (970) 314-7067 DKB Construction Services 507 Fruitvale Court Grand Junction, CO 81504 ATTN: Mr. Dennis BlllU1lan RE: Unheated Storage Building 21348 Hwy 6 & 24 Rille, Colorado Dear Mr. Buxman, July 28, 2008 Penn it #I I 006 PAGE 02 As requested, structural steel special inspection was conducted per the IBC 2003 Edition • Chapter 17: Structural Tests and Special Inspection and Garfield County requirements. I arrived on site at8:45 AM. 1 met with you to review project speciflcatiollJl and requirements. The pre-engineered metal building manufacturer for tltis project is WedgCor, Inc. m Jamestown, ND. Visual inspection was conducted at the Roof Framing Plan Level on the Y," & Y." ASTM A325 High Sttcngtlt beam to beam and beam to column bolted conuections. Project bolt tension requirements indicate "Turn-of-the-nut" method as rcfurenced on supplied drawings provided by WedgCor, Inc.: PO #W30642-JS43306 (Rev. 2) dsted 519108-Sheet No. A3 of3: General Notes, High Strength Bolts. As a minimum, 10% of all connections, but not less !ban two bolts per connection were inspected for proper bolt tension requirements OUJd proper matcl> markblg techniques as required for Periodic Inspection per Table 1704.3, Item 2.a of the IBC. lnspectinn was COI!dscted at grid line A-D & I • 4. All bolted areas inspected were observed !l) be adequately lensioned to project bolt len$ion reqoiremeuts. SEAMLESS SERVICE FROM MILL TO DRILLING LOCATION This letter is to inform that Dennis Buxman has been authorized to Oversee and Supervise the overall construction at the West Lacy railsite at Rifle, Colorado. This includes all permits and locate requests, contractors and safety compliances. CTAP, LLC 818 W. SOUTH BOULDER ROAD #200 LOUISVILLE, COLORADO 80027 :!0:!-6&1-9475 DKB CoNsTRUCTION SERVICES Page I of2 ---------------------~~---------------------- Dennis Buxman From: To: Cc: Sent: <RDPETERS@up.com> "CHAS STRUCKHOFF" <cstruckhoff@sbcglobal.net> "'Duke Altschuler'" <dukeaztec@aol.com>; "Stoney McCarrel" <stoney@vctap.com>; <CASCHOW@UP.COM> Tuesday, February 19, 2008 3:13PM Subject: Re: CTAP (Colorado Tubulars/Aztec Pipe) track in Lacy, Co (Folder 2096-30) Charley, You have the Railroad's permission to install a temporay structure on your leased site in Lacy, CO and your group would be bound by the terms of the lease agreement which states that when the lease is cancelled all improvements must be removed including the cement foundation. Rod Peterson Senior Manager -Real Estate Union Pacific Railroad 1400 Douglas Street, STOP 1690 Omaha, NE68179 Hi Rod, CHAS STRUCKHOFF lobal.net> To Rod Peterson <rdpett>rs'?Lup.corn> 02/19/2008 02:53 cc PM 'Duke Altschuler' I • . _._, < s <uut.c:;tf.:_.;;t,::'~l:aol.l:Oru>, toney McCarrel <·~:t..--,n(Y;:'r--1\,.-cJ·n,~ f'''J"rn> '·'-'"'~e; ~~--· • ~··-•,;,.J .• \ ... ,, Subject CTAP (Colorado Tubulars/Aztec Pipe) track in Lacy, Co Hope all is well with you. We have previously talked about locating a maintenance building in Rifle, Co area, to be used to perform recurring maintenance on CTAP's trucks, trailers, loaders and other equipment used at our yard at your Lacy facilities. Currently our personnel have to do this --------------------------~~------------------~4/~2I~a~oo~s~ 507 Fruitvale Court • Grand Junction, CO 81504 • (970) 434-3430 • (970) 434-9584 Fax Page2of2 D KB CoNSTRUCTION SERVICEs -----------------------~~---------------------- work in the Western Colorado weather, on the grav£d we would like to improve this environment as well as provide a significantly safer work area . After confering with you and Cheryl Schow! regarding other locations in the area, we looked around and haven't been successful finding another place. We have come to the conclusion that probably the best place for the building is on our leased yard in Lacy. What we liked to do is erect a 40' x 60' metal building, which will have 16' eaves and a cement floor. As you have advised previously, the building will be temporary in nature, and can be relocated within a short period of time, at your notice. We plan to locate the building at the southwest end of our lease, and of course free and clear of any of the right-a-ways or easements. If possible, we would like to get started in March sometime. Please confirm your ok with our plan. As always, thank you for your support in this matter. Best Regards, Charley Struckhoff, CT AP, LLC 314-40-193 8 (cell) This message and any attachments contain information from Uuion Pacific which may be confidential and/or privileged. If you are not the intended recipient, be aware that any disclosure, copying, distribution or use of the contents of this message is strictly prohibited by law. If you receive this message in error, please contact the sender immediately and delete the message and any attachments. --------------~~ 4/2112008 507 Fruitvale Court • Grand Junction, CO 81504 • (970) 434-3430 • (970) 434-9584 Fax May 19,2004 Folder: 02096-30 RON SCHWINDT COLORADO TUBULAR/AZTEC PIPE LLC POBOX730 LOUISVILLE CO 80027 Dear Jl;!r. Schwindt; Lfle. RE: Lease Covering Use of Railroad Property at Lacy, Colorado Attached for your permanent record is a fully executed originai of the above-referenced Lease. The Railroad Company has authorized the installation of fiber optic cable facilities on its property in certain areas. Prior to digging on the Railroad's property you must contact the Railroad Company at l-800-336-9193 to determine if this property contains fiber optic cable. In any event, you should thoroughly review the terms and conditions of this Lease. In compliance with the Internal Revenue Service's policy regarding Form 1099, please be advised that 94-600"1323 is Union Pacific Railroad Company's Federal Taxpayer Identification Number and we are doing business as a corporation. Sincerely yours, ./ / ) i-_/ .-,/ • I ,' _,/',, •' • Gregg A. l:arsen Mandger -Real Estate (402)997-3552 -~ :n(!, ~~-'Z)5t:JU )Uh J Real Estate UNIOPi PA.CJFlC RAILROAD 1800 Farnam Street. Om;~,ha, l'Oebraska 68102 fx. (402} 99'7·3601 LEASE OF PROPERTY Folder: 02096-30 23;;!991 Audit: THIS LEASE ("Lease") is entered into on the 3 J day of J iJ .t1.t , 2004, between UNION PACIFIC RAILROAD COMPANY ("Lessor") and COLORADO TUBULAR/AZTEC PIPE LLC, a Colorado limited liability company, whose address is PO Box 730, Louisville, Colorado 80027 ("Lessee"). IT IS AGREED BETWEEN THE PARTIES AS FOLLOWS: Article I. PREMISES; USE. Lessor leases to Lessee and Lessee leases from Lessor the premises ("Premises") at Lacy, Colorado, shown on the print dated May 17, 2004, marked Exhibit A, hereto attached and made a part hereof, subject to the provisions of this Lease and of Exhibit B attached hereto and made a part hereof. The Premises may be used for transloading and storage of steel, only, and for no other purpose. Article II. TERM. A. The term of this Lease shall commence on Januruy 01, 2004, and unless sooner terminated as provided in this Lease, shall extend for one year; and thereafter, shall automatically be extended from year to year. · Article III. RENT. A. Lessee shall pay to Lessor, in advance, rent of Six Thou~even Hundred and 00/100 Dollars ($6,700.00) annually. The rent shall be increased by Three Percent (3%) annually cumulative and compounded. t: --cot c. ')}:,0) "'' 'j.l$! B. Not more than once every two (2) years, Lessor may redetermine the rent. In the event that Lessor does redetermine the rent, Lessor shall notify Lessee of such change. Article IV. ADMINISTRATIVE HANDLING CHARGE Lessee shall pay to Lessor One-Time Payment in the amount of One Thousand and 001100 Dollars ($1,000.00). Article V. ONE-TIME PAYMENT Lessee shall pay to Lessor a one-time payment in the amount of Eight Thousand and 00/!00 Dollars ($8,000.00) covering past use of the Premises between January 1, 2002 and December 31, 2003. Article VI. INSURANCE. A. Before commencement of the term of this Lease, Lessee shall provide to Lessor a certificate issued by its insurance carrier evidencing the insurance coverage required under Exhibit C hereto attached and made a part hereof. B. Not more recently than once every two years, Lessor may reasonably modifY the required insurance coverage to reflect then-current risk management practices in the railroad industry and underwriting practices in the insurance industry. C. All insurance correspondence, certificates and endorsements shall be directed to: Real Estate Department, 1800 Farnam Street, Omaha, Nebraska 68102, ATTN: Gregg A. Larsen, Folder No. 02096-30. . Article VII. SPECIAL PROVISION-ROADWAY (NON-EXCLUSIVE) Subject to the terms and conditions of this Lease, Lessee may construct, use and maintain the roadway shown on the attached exhibit print, provided that: A. The roadway is to be strictly private and not intended for, and may not be used for, public purposes. B. The use of the roadway is not exclusive. The roadway is to be used jointly with Lessor and others to whom Lessor has given or may give similar rights. C. Lessee, at Lessee's sole cost and expense, shall maintain the roadway in a condition satisfactory to Lessor. D. Lessee's right to construct, maintain and use the roadway is a license and not a lease, and the roadway is not a part of the Premises, except that all of Lessee's obligations and Lessor's rights under this I..ease regarding the Premises shall also apply to the roadway. lN WITNESS WHEREOF, the parties have executed this Lease as of the day and year first herein written. UNION PACIFIC RAILROAD COMPANY COLORADO TUBULAR/AZTEC PIPE LLC NOTE: New Lease SCALE: 1' • 400' LEGEND U.P.R.R. RIGHT OF WAY LEASE AREA SHOWN NON-EXCLUSIVE ROADWAY ("-10 GRA~OE: LAI10 c;O..,PI'I,.. .. ) CL.OUOH lNOUS'TRlAL. PARI-<. ~ D. "* 'l2'$ ltG\, ~~""•· I LEASE AREA: 4.0 ACRES+-I EXHIBIT 'A' l I .... • j • I I! ~ 'l ! . . . :0; • UNION PACIFIC RAILROAD CO. TO ACCOMPANY AGREEMENT WITH COLORADO TUSULARS I AZI'EC PIPE, LLC LACY, GARRELD COUNlY, CO. M.P. 391.20+-GLENWOOD SPRINGS SUB. DRG CO VB /10 REAL ESTATE DEPARTMENT OMAHA NE. ALE #2096-30 DATE: 5-17-2004 T.DA IND lS 11115/99 APPROVED, LAW EXHIBIT 13 Section 1. IMPROVEMEN'TS. No improvements placed upon the Premi$eS by Lessee shall become a part of the realty. Section 2. RESERVATIONS AND PRIOR RIGHTS. A. Lessor reserves to itself, its agents and contractors, the right to enter the Premises at such times as will not unreasonably interfere with Lessee's use of the Premises. B. Lessor reserves (i) the exclusive right to permit third party placement of advertising signs on the Premises. and (ii) the right to construct, rru.intain and operate new and existing facilities (including, without limitation, trackage, fences, communicationtacnfties, roadways and utilities) upon, over, across or under the Premises, and to grant to others such rights, provided that Lessee's use of the Premises Is not interfered with unreasonably. c. This lease is made subject to all outstanding rights, whether or not of record. Lessor reserves the right to renew such outstanding righls. Section 3. PAYMENT OF RENT. Rent (which includes the annual rent and all other amounts to be paid by Lessee under this lease) shall be paid in lawful money of the United States of America, at such place as shall be designated by the Lessor, and without offset or deduction. Section 4. TAXES AND ASSESSMENTS. A. Lessee shall pay, prior to delinquency, all taxes levied during the life of this Lease on all personal property and improvements on the Premises not belonging to lessor. If such taxes ate paid by Lessor, either separately or as a part Of the levy on Lessor's real property, Lessee shall reimburse Lessor in full within thirty (30) days after rendition of lessor's bill. B. If the Premises are specially assessed for public improvements, the annual rent wnJ be automatically increased by 12% of the full assessment amount. Section 5. WATER RIGHTS. This lease does not include any right to the use of water under any water right of Lessor, or to establish any water rights except in the name of Lessor. Section 6. CARE AND USE OF PREMISES. A. Lessee shall use reasonable care and caution against damage or deslruction to the Premises. Lessee shell not use or pennitthe use of the Premises for any unlawful purpose, maintain any nuisance, permit any waste, or use the Premises in any way that creates a haZard to persons or property. Lessee shall keep the Premises in a safe, neat, clean and presentable condition, and in good conditiOn and repair. Lessee shall keep the sldewall<s and public ways on the Premises, and the walkweys appurtenant to eny railroad spur track(s) on or serving the Premises, free and cleat from any substance which might create a hazard and all water flow shall be directed away from the tracks of the lessor. e. Lessee shall not pemnit any sign on the Premises, except signs relating to Lessee's business, Page 1 of 6 ·--··---·"'·--- INO LS 11115/99 APPROVED. LAW c. If any improvement on the Premises not belonging to lessor is damaged or destroyed by fire or oUter casualty, lessee shall, witnin thirty (30) days after such C<!SUalty, remove an debris resulting therefrom. If Lessee fans to do so. Lessor may remove such debris, and Lessee agrees to reimburse Lessor for all expenses incurred within thirty (30) days after rendition of lessor's bill. o. Lessee shall comply with all governmental laws, ordinances, rules, regulations and orders relating to Lessee's use of the Premises. Section 7. HAZARDOUS MATERIALS, SUBSTANCES AND WASTES. A. Without the prior written consent of Lessor, Lessee shaH not use or pennlt the use of the Premises for \he generation, use, treatment, manufacture, production, storage or recycling of any Hazardous Substances, except that Lessee may use (i) small quantities of common chemicals such as adhesives, lubricants and cleaning fluids in order to conduct business at the Premises and '(H) otr~er Hazardous Substances, other than hazardous wastes as def1ned In the Resource Conservation and Recovery Act, 42 U.S.C. §§ 6901, et ~-· as amended ("RCRA"), that are necessary for the conduct of Lessee's business at \he Premises as specified in Article 1. The consent of Lessor may be withheld by Lessor for any reason whatsoever, and may be subject to conditions In addition to those set forth below. It shall be· the sole responsibility of Lessee to determine whether or not a contemplated use of Ute Premises is a Hazardous Substance use. B. In no event shall Lessee (i) release, discharge or dispose of any Hazardous Substances, (ti) bring any hazardous wastes as defined in RCRA onto the Premises. (iii) install or use on \he Premises any underground storage tanks, or (iv) store any Hazardous Substances within one hundred feet {100') of the center line of any main track. C. If Lessee uses or permits the use of the Premises for a Hazardous Substance use, with or without Lessor's consent, Lessee shall furnish to Lessor copies of all permits, identification numbers and notices issued by governmental agencies in connection with such Hazardous Substance use, together with such other information on the Hazardous Substance use as may be requested by Lessor. If requested by Lessor, Lessee shall cause to be perlotmed an environmental assessment of the Premises upon tennination of the Lease and shall furnish Lessor a copy of such report, at lessee's sole cost and expense. D. Without limitation of the provisions of Section 12 of this Exhibit B, Lessee shall be responsible for all damages, losses, costs, expenses, claims, fines and penalties related in any manner to any Hazardous Substance use of \he Premises (or any property in proximity to the Premises) during the term of this Lease or, if longer, during Lessee's occupancy of the Premises, regardless of Lessor's consent to such use, or any negligence, misconduct or strict liability of any Indemnified Party (as defined in Section 12), and including, without limitation, (i) any diminution in the value of the Premises and/or any adjacent property of any of the Indemnified Parties, and (ii) the cost and expense of clean-up, restoration, containment, remediation, decontamination, removal, Investigation, monHoring, closure or post-dosure. Notwithstanding \he foregoing, Lessee shall not be responsible for Hazardous Substances (i) existing on, in or under the Premises prior to the earlier to occur of the commencement of the tenn of \he Lease or Lessee's taking occupancy of the Premises, or (ii) migrating from adjacent property not controlled by Lessee, o,r (Di) placed on, in or under the Premises by any of the Indemnified Parties; except where the Hazardous !:\ubstance Is discovered by, or the contamination is exacerbated by, any excavation or investigation undertaken by or at \he behest of Lessee. Lessee shall have \he burden of proving by a preponderance of the evidence that any exceptions of the foregoing to Lessee's responsibility for Hazardous Substances applies, ' E. In addition to the other rights and remedies of Lessor under this Lease or as may be provided by law, if Lessor reasonably determines that \he Premises may have been used during the term of this Lease or any prior lease with Lessee for all or any portion of the Premises, or are being used for any Hazardous Subslance use, with or without Lessor's consent thereto, and \hat a release or other contamination may have occurred, Lessor may, at its election and at any time during the life of this Lease or thereafter (I) cause the Page2ol6 ~.., •W&r\U\J)~O~E...EXBJ:)OC INC LS 11115/99 APPROVED, LAW Premises and/or any adjacent premises of Lessor to be tested, investigated, or monitored for the presence of any H&ardous Substance, (II) cause any H&ardous Substance to be removed from the Premises and any adjacent lands of Lessor, (iii) cause to be performed any restoration of the Premises and any adjacent lands of Lessor, and (lv) cause to be performed any remedi6tion of, or response to, the environmental condition of the Premises and the adjacent lands of Lessor, as Landlord reasonably may deem necessary or desirable, and the cost and expense thereof ~hall be reimbursed by Lessee to Lessor within thirty (30) days after rendition o.f Lessor's bill. In addition, lessor may, at hs election, require Lessee, at Lessee's sole cost and expense, to pertonn such worll. in which event, Lessee shall promptly commence to perfonn and thereafter diligently prosecute to completion such work, using one or more contractors and a supervising consulting engineer approved In advance by lessor. F. For purposes of this Section 7, the tenm "Hazardous Substance• shall mean (i) those substances included within the definHions of "hazardous substance", "pollutant", "contaminant", or "hazardous waste', in the Comprehensive Environmental Response, Compensation and Liability Act of 1980,42 U.S.C. §§ 9601,!! !!!9·• as amended or in RCRA, the regulations promulgated pursuant to either such Act, or state laws and regulations similar to or promulgated pursuant to efther such Act, (ii) any materia~ waste or substance which is (A) petroleum. (8) asbestos, (C) flammable or explosive, or (0) radioactive; and (in) such other substances, materials and wastes which are or become regulated or classified as hazardous or toxic under federal, state or local law. Section 8. UTILITIES. Lessee will arrange and pay for all utilities and services supplied to the Premises or to Lessee. e. All utilities and services will be separately metered to Lessee. If not separately metered, Lessee shall pay ils proportionate share as reasonably determined by Lessor. Section 9. Lessee shall not aKow any liens to attach to the Premises for any services, labor or materials furnished to the Premises or otherwise arising from Lessee's use of the Premises. Lessor shall have the right to discharge any suoh liens at Lessee's expense. Section 10. ALTERATIONS AND IMPROVEMENTS; CLEARANCES. A. No alterations, improvements or installations may be made on the Premises wllhout the prior consent of lessor. Such consent, if given, shall be subject to the needs and requirements of the Lessor in the operation of its Railroad and to such other condHions as Lessor determines to impose. In all events such consent shall be c;ondi!ioned upon strict conformance with all applicable governmental requirements and Lessor's then·current clearance standards. a. All alterations. improvements or installations shall be at lessee's sole cost and expense. c. Lessee shall comply whh Lessor's then-cunent clearance standards, e:xcept (i) where to do so would cause Lessee to violate an applicable governmental requirement, or (ii) for any improvement or device in place prior to Lessee taking possession Of the Premises if such improvement or device complied with Lessor's clearance standards at the time of its installation. c. MY actual or implied knowledge of lessor of a violation of the clearance requirements of this Lease or of any governmental requirements shall not relieve lessee of the obligation to comply with such requirements, nor shall any consent of lessor be deemed to be a representation Of such compliance. P•oe3of6 IND LS 11115199 APPROVED. lAW Section 11. Lessee accepts the Premises in its present condition with all faults, whether patent or latent. and without warranties or covenants, express or implied. lessee acknowledges that lessor shall have no duty to maintain, repair or improve the Premises. Section 12. RELEASE AND INDEMNITY. A. As a material part of the consideration for this Lease, lessee, to the extent h may lawfully do so, waives and releases any and all claims against Lessor for, and agrees to indemnify, defend and hold hannless Lessor, its affiliates. and its and their officers, agents and employees ("Indemnified Parties") from and against, any loss, damage (including, without limitation, punitive or consequential damages). injury, liabilhy, claim, demand, cost or expense (including, wHhout limitation, attorneys' fees and court costs), fine or penalty (collectively, "Loss") incurred by any person (including, without limitation, lessor, 1-essee, or any employee of Lessor or Lessee) and arising from or related to (i) any use of the Premises by lessee or any inv~ee or licensee of Lessee, (ii) any act or omission of lessee, Its officers, agents, employees, licensees or invitees, or (iii) any breach of this Lease by Lessee. e. The foregoing release and indemnity shall apply regardless of any negligence, misconduct or strict liability of any Indemnified Party, except that the indemnhy, only, shall not apply to any Loss caused by the sole, active and direct negugence of any Indemnified Party H the Loss (i) was not occasioned by fire or other casualty, or (IT) was not occasioned by water, Including, wfthoutlimitation, water damage due to the position, location. construction or condition of any structures or other improvements or facilities of any Indemnified Party. c. Where applicable to the Loss, the liability provisions of any contract between Lessor and Lessee covering the carriage of shipments or trackage serving the Premises shall govern the Loss and shall supersede the provisions of this Section 12. D. No provision of this Lease with respect to insurance shalllimH the extent of the release and indemnhy provisions of this Section 12. Section 13. TERMINATION. A. Lessor may tenninate this Lease by giving Lessee notice of termination, If Lessee (i) fails to pay rent within flfleen ( 1 5) days after the due date, or {il) defauits under any other obligation of Lessee under this Lease and, after written notice is given by Lessor to Lessee specifying the default. Lessee faits either to immediately commence to cure the default, or to complete the cure expeditiously but in all events within thirty (30) days after the default notice is gillen. e. Notw~hstanding the tenn of this lease set forth in Article II, Lessor or Lessee may tenninale this Lease wHhout cause upon thirty (30) days' notice to the other party; provided, however, that at Lessor's election, no such termination by Lessee shall be effective unless and unlit Lessee has vacated and restored the Premises as required in Section 15A). at wnich time Lessor shall refund to Lessee, on a prc rata basis, any unearned rental paid in advance. Section 14. LESSOR'S REMEDIES. Lessor's remedies for Lessee's defauH are to(;;) enter and take possession of the Premises, wHhout tenninating this Lease, and relet the Premises on behalf of Lessee, collect and receive the rent from releltlng, and charge Lessee for the cost of retelling, and/or (b) terminate this Lease as provided In Section 13A) above and sue Lessee for damages, and/or (c) exercise such other remedies as Lessor may have at law or In equity. Lessor may enter and take possession of the Premises by self-help, by changing locks, if necessary, and may lock out Lessee, all whhout being liable for damages. Page4of6 IND LS 11115199 APPROVED, LAW Section 15. VACATION OF PREMISES; REMOVAL OF LESSEE'S PROPERTY. A. Upon termination howsoever of this Lease, Lessee {i) shall have peaceably and quietly vacated and surrendered possession of the Premises to Lessor, without Lessor giving any notice to quit or oemand lor possession, and (ii) shall have removed !Tom the Premises an structures, property and other materials not belonging to lessor, and restored the sur!ace of the ground to as good a condition as the same was in before such structures were erecled, including, wi1hout timhation, the removal of foundaUons, the filling in of excavations and pits, and the removal of debris and rubbish. e. If Lessee has not completed such removal and restoration within thirty {30) days after termination of this tease,· Lessor may, at its election, and at eny time or times, (i) perfonn the worll and Lessee shall reimburse Lessor for the cost thereof wahin thirty {30) days after bill is rendered, (ii) take tiUe to all or any portion of such structures or property by giving notice of such election to Lessee, and/or (iii) treat Lessee as a holdover tenant at wm unbl·such removal and restoration is completed. Section 16. FIBER OPTICS. Lessee shall telephone lessor during normal business hours {7:00a.m. to 9:00p.m .. Central Time, Monday through Fridays, except for holidays) at 1-800-336-9193 (also a 24-hour, 7-day number for emergency calls) to determine If fiber optic cable is buried on the Premises. If cable is buried on the Premises, Lessee wHitelephone the telecommunications company{ies), arrange for a cable locator, and make arrangements for relocation or other protection of the cable. Notwithstending compliance by Lessee with this Section 16. the release and indemnity provisions of Section 1:2 above shall apply fully to any damage or destruction of any telecommunications system. Section 17. NOTICES. Any notice. consent or approval to be given under this Lease shall be ·in writing, and personally served, sent by reputable courier service, or sent by certif•ed mall, postage prepaid, return receipt requested, to Lessor at: Union Pacific Railroad Company; Attn: Assistant Vice Pre$ident-Real Estate, Real Estate Department, 1800 Farnam Street, Omaha, Nebraska 68102; and to Lessee at the above address, or such other address as a party may designate in notice given to the other party. Mailed notices shall be deemed served five (5) days after deposit in the U.S. Man. Notices Which are personally served or sent by courier service shall be deemed served upon receipt Section 18. ASSIGNMENT. A. Lessee shall not sublease the Premises, in whole or in part, or assign, encumber or transfer (by operation of law or otherwise) this Lease, without the prior consent of Lessor, which consent may be denied at Lessor's sole and absolute discretion. Any purponed trensfer or assignment without Lessor's consent shall be void and shall be a default by Lessee. B. Subject to this Section 18, this Lease shall be binding upon and inure to the benefit of the parties hereto and thai( respective heirs, executors, administrators, successors and assigns. Section 19. CONDEMNATION. If, as reasonably determined by Lessor, the Premises cannot be used by Lessee because of e condemnation or sale in lieu of condemnation, then this Lease shall autometically terminate. Lessor shall be entiUed to the entire eward or proceeds for any total or partial condemnation or sale in lieu thereof, including, without limitation, any award or proceeds for the value of the leasehold estate created by this Lease. NotwRhstanding the foregoing, Lessee shall have the right to pursue recovery from the condemning authority of such compensation as may be separately awerded to Lessee for Lessee's relocation expenses, the taking of Lessee's personal property and fixtures. and the Interruption of or damage to Lessee' business. ""~--,1: ,..,c: ' INO LS 11/15199 APPROVED, I,.AW • Section 20. ATTORNEY'S FEES. If either party retains an attorney to enforce this Lease (including, without limitation, the indemnity provisions of this Lease), the prevalllng party is enlitied 10 recover reasonable attorney's lees. ENTIRE AGREEMENT. Section 21. This Lease is the entire agreement between the parties, and supersedes all other oral or written agreements between the parties pertaining to this transaction. Except for the unilateral redetermination of annual renl as provided in p..rticle Ill., this Lease may be amended only by a written instrument signed by Lessor and lessee. EXHffiiTC UNION PACIFIC RAILROAD INSURANCE REQUIREMENTS Lessee shall, at its sole cost and expense, procure and maintain during the life of this Lease the following insurance coverage: A. Commercial General Liability insurance. This insurance shall contain broad form contractual liability with a single limit Qf at least $1,000,000 each occurrence Qf claim and an aggregate limit of at least $2,000,000. Coverage must be purchased on a post 1998 ISO or equivalent form, including but not limited to coverage for the following: • Bodily injury including death and personal injury • Property damage • Fire legal liability • Products and completed operations The policy shall also contain the following endorsements which shall be indicated on the certificate of insurance: • The employee and workers compensation related exclusions in the above policy apply only to Lessee's employees • The exclusions for railroads (except where the Premises is more than fifty feet (50') from any railroad including but not limited to tracks, bridges, trestles, roadbeds, terminals, underpasses or cfQssings), and explosion, collapse and underground huard shall be removed. • Waiver of subrogation • Designated Premises Pollution Coverage (CG00-39), unless Lessee does not use or permit the use of the Premises for the generation, use, treatment, manufacture, production, storage or recycling of any Hazardous Substance (as defined in Section 7F of Exhibit B to this Lease). B. Business Automobile Coverage insurance. This insurance shall contain a combined single limit of at least $1 ,000,000 per occurrence or claim, including but not limited to coverage for the following: • Bodily injury and property damage • Any and all motor vehicles including owned, hired and non-owned The policy shall also contain tbe following endorsements which shall be indicated on the certiilcate of insurance: • The employee and workers compensation related exclusions in the above policy apply only to Lessee's employees • The exclusions for railroads (except where the Premises is more than fifty feet (50') from any railroad including but not limited to tracks, bridges, trestles, roadbeds, terminals, underpasses or crossings), and explosion, collapse and underground hazard shall be removed. C. Workers Compensation and Emplovers Liability insurance including but not limited to: • Lessee's statutory liability under tbe workers' compensation laws of the state where the. Premises ate located • Employers' Liability (Part B) with limits of at least $500,000 each accident, $500,000 disease policy limit $500,000 each employee If Workers Compensation insurance will not cover the liability of Lessee in states that require participation in state workers' compensation fund, Lessee shall comply with the laws of such states. If Lessee is self·insured, evidence of state approval must be provided along with evidence of excess workers compensation cqverage. Coverage shall include liability arising out of the U. S. Longshoremen's and Harbor Workers' Act, the Jones Act, and the Outer Continental Shelf Land Act, if applicable. The policy shall also contain the following endorsement which shall be indicated on tbe certificate of insurance: • Alternate Employer Endorsement D. Umbrella or Excess Policies In the event Lessee utilizes Umbrella or excess policies, these policies shall "follow form" and afford no less coverage than the primary policy. Other Requirements E. Punitive damage exclusion must be deleted, which deletion shall be indicated on the certificate of insurance. F. Lessee agrees to waive its rigbt of recovery, and its insurers, through policy endorsement, agree to waive their rigbt of subrogation against Lessor. Lessee further waives its rigbt of recovery, and its insurers also waive their rigbt of subrogation against Lessor for loss of its owned or leased property or property under its care, custody and control. Lessee's insurance shall be primary with respect to any insurance carried by Lessor. All waivers of subrogation shall be indicated on the certificate of insurance. G. All policy(ies) required above (excluding Workers Compensation) shall provide severability of interests and sbaiJ name Lessor as an additional insured. The coverage provided to Lessor as additional insured shall not be limited by Lessee's liability under the indemnity provisions of this Lease. Severability of interest and naming Lessor as additional insured sball be indicated on the certificate of Insurance. H. Prior to the execution of this Lease, Lessee shall furnish to Lessor original certificate(s) of insurance evidencing the required coverage, endorsements, and amendments. The certificate(s) shall contain a provision that obligates the insurance company(les) issuing such policy(ies) to notify Lessor in writing of any cancellation or material alteration. Upon request from Lessor, a certified duplicate original of any required policy sball be furnished. I. Any insurance policy shall be written by a reputable insurance company acceptable to Lessor or with a current Best's Insurance Guide Rating of A· and Class VII or better, and authorized to do business in the state where the Premises are located. J. Lessee WARRANTS that this Lease bas been thoroughly reviewed by Lessee's insurance agent(s)lbroker(s), who have been instructed by Lessee to procure the insurance coverage required by this Lease and acknowledges that Lessee's insurance coverage will be primary. K. If Lessee fails to procure and maintain insurance as required, Lessor may elect to do so at the cost of Lessee plus a 25% administration fee. L. The fact that insnrance is obtained by Lessee or Lessor on behalf of Lessee shall not be deemed to release or diminish the liability of Lessee, including, without limitation, liability under the indemnity provisions of this Lease. Damages recoverable by Lessor shall not be limited by the amount of the required insurance coverage. Folder: 02()96-30 RON SCHWINDT COLORADO TUBULAR/AZTEC PIPE LLC 818 W. SOUTH BOULDER ROAD SUITE#200 LOUISVILLE CO 80027 RE: Supplemental Agreement for Lease Audit No. 232991, Covering Use of Railroad Property at Lacy, Colorado Attached is your copy of the fully-executed original of the Supplemental Agreement for the Lease covering the above-referenced property. The Railroad Company has authorized the installation of fiber optic cable facilities on its property in certain areas. Prior to digging on the Railroad's property you must contact the Railroad Company at 1-800-336-9193 to determine if this property contains fiber optic cable. In any event, you should thoroughly review the terms and conditions of this Lease. In compliance with the Internal Revenue Service's policy regarding its Form 1099, this is to advise you that that 94-6001323 is Union Pacific Railroad Company's Federal Taxpayer Identification Number and we are doing business as a corporation. ~ Rod Peterson Senior Manager • Real Estate { 402} 544-8644 UNlON PACIFIC RAILROAD 1400 Douglas Street, Stop 1690 Omaha, Nebraska 681 79-1690 fx, (402) 501-0340 SUPPLEMENTAL AGREEMENT Folder: 02096-30 Audit: 232991 lk THIS SUPPLEMENTAL AGREEMENT is entered into on the IJff,. day of ¥&If , 20Ql between UNION PACIFIC RAILROAD COMPANY ("Lessor") and COLORADO TUBULAR/AZTEC PIPE LLC, a Colorado limited liability corporation, whose address is 818 W. South Boulder Road, Suite #200 Louisville, Colorado 80027 ("Lessee"). RECITALS: By instrument dated January 01, 2004, Lessor and Lessee, or their predecessors in interest, entered into an agreement ("Basic Agreement"), identified as Audit No. 232991, at Lacy, Colorado. AGREEMENT: IT IS AGREED between Lessor and Lessee to modifY the Basic Agreement as follows: Article 1. EFFECTIVE DATE. This Supplemental Agreement is effective March 01, 2007. Article 2. SUBSTITUTION OF PRINT. The print dated December 27, 2006, attached as Exhibit 'A', shall be substituted for the print dated May 17, 2004, attached to the Basic Agreement. Article 3. A. B. Article 4. Lessee shall pay to Lessor, in advance, a one time payment of One Thousand Seven Hundred Twenty-Five and 00/100 Dollars ($1, 725.00) representing the period from March I, 2007to December3!, 2007. Effeetive January I, 2008 the Lessee shall pay to Lessor, in advance, rent ofTen Thousand Six Hundred Fifty Five and 00/100 Dollars ($10,655.00) annually. The rent shall be increased by Three Percent (3%) annually cumulative and compounded. ADMINISTRATIVE HANDLING CftARGE Lessee shall pay to Lessora one-time payment in the amount of Five Hundred and 00/100 Dollars ($500.00). ArticleS. AGREEMENT SUPPLEMENT. Nothing in this Supplemental Agreement shall be construed as amending or modifYing the Basic Agreement unless specifically provided herein. ~- IN WITNESS WHEREOF, the parties have executed this Supplemental Agreement as of the day and year first written. UNION PACIFIC RAILROAD COMPANY COLORADO TUBULAR/AZTEC PIPE LLC By:--1""/kt~/P;-~~: Senior Manager -Real Estate By: ltOtN.. Lliil ... ,.. • •• M:RESI ; l.l"O GR .... O£ '-""'0 (;OI'I .... >n) CI.OUGH lNDUSIRIAL. PARK. . .., o, .,.. Tas ••1.. ...._ __ .. ,. ..... I I NOTE: BEFORE YOU BEGIN ANY WORK, SEE AGREEMENT FOR FIBER OPTIC PROVISIONS. EXHIBIT "A• LI81ND• LEASil: AREA SHOWN • • · • · · · .. • • · UNION PACIFIC RAILROAD COMPANY NON-EXCLUSIVE ROADWAY ..•..• UPRRCO.R/W OUTLtNED ·········· -··-•••••• CADD 0209630.agn FILENAME SCAk .g.,/shore/.nip/209.6-30. tit FILENAME LACY. GARFIElD COUNTY, CO M.P. 391.2 +-GLENWOOD SPRINGS SUB. TO ACCOMPANY AGREEMENT WITH COLORADO TUBULAR$ I AZTEC PIPE. LLC SCALE: 1" ~ 400' OFFICE OF REAL ESTATE OMAHA. NEBRASKA DATE: 12-27-2006 NLP FILE: 2096-30 -~o rto...C Le-<o~ ,.. ~ tf'r!OV\_ ~~ • .1 ., ~ \Desr ....J.-N. Nt..J QtAA r+e..r or .?-?>/ (?JVJn b S ::::s~:fi-s~-~-.::.::~· ... · ...... : :::~:.:: '!'!'/.'!.·!':!'! ~!!._ ...... •.•• ·.·.·.::·::·:·: ·:· ====:::.·.-~ .. w -: :;."':..· :::::: _.._ ..... ";, ~_~_-:.~ .... _-_ SCALE: 1" =-= 400' LEGEND U.P.R.R. RIGHT OF WAY ---- LEASE AREA SHOWN NON-EXCWSIVE ROI'DWAY .... • j • . • '3 ~ J; ! (P.IO GRA•H>£ C.AI"\0 COI".PI'INV) CLOUGH 1NOUSIR1AI... PAR~ '*I 0. t.d 7SS tllG\.. ..... ~.,. ... 0 ;:; EXHIBIT 'A" I I .. ~;; UNION PACIFIC RAILROAD CO. TO ACCOMPANY AGREEMENT WITH COI..ORAOO lUBUI.ARS I AZTEC PIPE. U.C LACY, GARFIELD COUNTY, CO. M.P. 391.20+-GLENWOOD SPRINGS SUB. DRG CO VB /10 REAL ESTATE DEPARTMENT OMAHA NE. FILE #2096-30 DATE: 5-17-2004 T.OA I SCALE: 1. -400' LEGEND U.P.R.R. AIGHT OF WAY ............... .,. • !"!·· :~2.·· :!"'!'• ("10 ........... )£ CLOUGH lNOUS"TRIAL PARK 'lolof 0.11f111S .G'-. ... # .. , -· exHIBIT •A• l UNION PACIFIC RAILROAD CO. 10 ~/Wt AGREEMENT WITH M-1, LLC I.JCf, GAAFE1.D COUNTY, CO. M.P. a9t2+-GI.ENYt'OOD SPFUNGS sua DRG CO V 80/1 REAL ESTATE DEPARTtdENT OMAHA NE. Ft.e #2318-12 DATE: 3-17-al06 T.OA Huddleston-Berry Engineering & 1Csting, LLC DKB Construction Services 507 Fruitvale Court Grand Junction, Colorado 81504 Attention: Subject: Dear Dennis, Dennis Geotechnical Investigation CT AP Property West Rifle, Colorado 640 White Avenue, Unit B Grand Junction, CO 8150 1 Phone: 970-255-8005 Fax: 970-255-6818 HuddlestonBeJTy@bresnan.net April 14, 2008 Project#0031 0-0001 This letter presents the results of a geotechnical investigation conducted for the CT AP property in West Rifle, Colorado. The location of the property is shown on Figure 1-Site Location Map. The proposed construction is anticipated to consist of an approximately 3,000 square feet metal building. The scope of our investigation included evaluating the subsurface conditions at the site with regard to geotechnical foundation design. Site Conditions At the time of the investigation, the site was occupied by numerous stacks of drilling steel. However, the vicinity of the proposed structure was open and nearly level. No vegetation was observed. The site was bordered by the I-70 Frontage Road to the north, open land to the west, industrial property to the east, and by the Colorado River to the south. Subsurface Investigation The subsurface investigation included two test pits as shown on Figure 2 -Site Plan. Test Pits TP-1 and TP-2 were excavated to depths of 9.5 feet and 8.0 feet below the existing ground surface, respectively. Test pit logs are included in Appendix A. As shown on the logs, the subsurface conditions at the site were slightly variable. The test pits generally encountered 2.0 feet of sandy gravel and cobbles fill above brown, moist, medium stiff to stiff silty fat clay to depths of between 4.0 and 8.0 feet. Below the clay, brown, moist to wet, dense sandy gravel and cobbles extended to the bottoms of the excavations. Groundwater was encountered in TP-1 at a depth of9.0 feet. Groundwater. was not encountered in TP-2 at the time of the investigation. CT AP Property #003 10-0001 04/14/08 Laboratory Testing Laboratory testing was conducted on soil samples collected from the test pits. The testing included grain-size analysis, natural moisture content determination, Atterberg limits determination, and soluble sulfates content determination. The laboratory testing results are included in Appendix B. The laboratory testing results indicate that the native clay soils are highly plastic. Based upon the Atterberg limits of these materials, HBET anticipates that the native clay soils are moderately to highly expansive. Soluble sulfates were detected in the site soils in a concentration of 700 parts-per-million (ppm). Foundation Recommendations Based upon the nature of the proposed construction, a monolithic (turndown) slab foundation is likely. A monolithic structural slab foundation is appropriate; however, as discussed above, the native clay soils are anticipated to be moderately to highly expansive. Therefore, in order to limit the potential for excessive differential movements, it is recommended that load bearing portions of the foundations be constructed above structural fill resting on the native gravel and cobble soils. However, where the gravel and cobble soils are deep, a minimum of 36-inches of structural fill is recommended. The existing fill materials may be reused as structural fill. The native clay soils are not suitable for reuse as structural fill. Imported structural fill should consist of a granular, non-expansive, non-free draining material such as pit-run or CDOT Class 6 base course. However, if pit-run is used as structural fill, a minimum of 6-inches of base course or other suitable fill material should be placed above the pit-run to prevent large point stresses on the bottoms of the foundations due to large particles in the pit-run. Prior to placement of structural fill, it is recommended that the bottom of the foundation excavation in clay soils be scarified to a depth of 6 to 8 inches, moisture conditioned, and compacted to a minimum of95% of the standard Proctor maximum dry density, within± 2% of the optimum moisture content as determined in accordance with ASTM D698. The bottom of the foundation excavation in gravel and cobble soils should be proofrolled to the Engineer's satisfaction. Structural fill should extend laterally beyond the edges of the foundation a distance equal to the thickness of structural fill. Structural fill should be moisture conditioned, placed in maximum 8- inch loose lifts, and compacted to a minimum of 95% of the standard Proctor maximum dry density for fine grained soils and modified Proctor maximum dry density for coarse grained soils, within ± 2% of the optimum moisture content as determined in accordance with ASTM D698 and Dl557C, respectively. Pit-run and existing fill materials used as structural fill should be proofrolled to the Engineer's satisfaction. For the foundation building pad prepared as recommended with structural fill consisting of the existing fill materials or imported granular materials, a maximum allowable bearing capacity of I ,500 psf may be used. In addition, a modulus of sub grade reaction of 250 pci may be used. The bottoms of exterior foundations should extend a minimum of 36-inches below grade for frost protection. W:\2008 ALL PROJECTS\003!0. DKB Construction Services\00310-0001 West RifieBuilding\200. Goo\00310-0001 tR041408.doc 2 #0031 0-0001 Huddk<ton-Bony CTAP Property e 04/14/08 f"1p)nwlny,k Te<!jiiJI, \.lC Any stemwalls or retaining walls should be designed to resist lateral earth pressures. For backfill consisting of the existing fill materials, or imported granular, non-free draining, non-expansive material, we recommend that the walls be designed for an equivalent fluid unit weight of 50 pcf in areas where no surcharge loads are present Lateral earth pressures should be increased as necessary to reflect any surcharge loading behind the walls. Due to their potential for expansion, the native clay soils should not be used as backfill. As indicated previously, soluble sulfates were detected in the site soils in a concentration of 700 ppm. This concentration of water soluble sulfates represents a moderate degree of potential sulfate attack on concrete exposed to these materials. Therefore, Type I-II sulfate resistant cement is recommended for construction at this site. Exterior Flatwork Recommendations In order to provide a uniform bearing surface, it is recommended that exterior flatwork be constructed above existing fill materials that have been scarified to a depth of 9 to 12-inches, moisture conditioned, and proofrolled to the Engineer's satisfaction. Slabs should not be tied into or otherwise connected to the foundations in any manner. Drainage Recommendations Grading around the structure should be designed to carry precipitation and runoff away from the structure. It is recommended that the finished ground surface drop at least twelve inches within the first ten feet away from the structure. Downspouts should empty beyond the backfill zone. It is also recommended that landscaping within three feet of the structures include primarily desert plants with low water requirements. In addition, it is recommended that automatic irrigation within ten feet of foundations be minimized or controlled with automatic shut off valves. General Notes The recommendations included above are based upon the results of the subsurface investigation and on our local experience. These conclusions and recommendations are valid only for the proposed construction. As discussed previously, the subsurface conditions at the site were observed to be slightly variable. Although HBET believes that the investigation was adequate to define the range of subsurface conditions at the site, the precise nature and extent of any subsurface variability may not become evident until construction. Therefore, it is recommended that a representative of HBET observe the foundation excavation prior to structural fill placement to verifY that the subsurface conditions are consistent with those described herein. In addition, it is recommended that a representative ofHBET test compaction of structural fill materials. We are pleased to be of service to your project. Please contact us if you have any questions or comments regarding the contents of this report. W:\2008 ALL PROJECTS\00310. DKB Construction Servlccs\00310-0001 West Rifle Building\200. Geo\00310-0001 LR041408.doc 3 CT AP Property #00310-000 I 04/14/08 Respectfully Submitted: Engineering and Testing, LLC Michael A. Berry, P.E. Vice President of Engineering W:\2008 ALL PROJECTS\003 10. DKB Construction Services\00310-0001 West Rifle Building\200-Gco\003 10-0001 LR041408,doc 4 FIGURES TP-1 ~r---------------------------------------- 1 I I I I I I I I I I I I PROPOSED BUILDING ENVELOPE I I I I I I I I I I I I -, I I I I I I I I I I I I I I I I I I I I I I I I I I I I ___________ __j TP-2 NOTE: DRAWING NOT TO SCALE ProjectNo.: 00310-0001 Date: 04114/08 By: MAB CTAP PROPERTY FIGURE 2 -SITE PLAN APPENDIX A Typed Test Pit Logs 640 White A venue, · B Grand Junction, CO 8150! 970..255-8005 970-255-6818 CLIENT DKB Construction PROJECT NUMBER DATE STARTED _,3""12,.8"'/0,8'-----COMPLETED _,3"'/2,8"'/0,8 __ _ EXCAVATION CONTRACTOR _,C"'I,ie"'ntc.._ ________ _ EXCAVATION METHOD _,B,a,ck"'h"'o"'e'------------ LOGGED BY ...cM"'A,B,__ ___ _ CHECKED BY _,M,A"'B,__ __ _ NOTES MATERIAL DESCRIPTION GB1: Lab Classified brown, moist to wet, TEST PIT NUMBER TP-1 PAGE 1 OF 1 PROJECT NAME _;C<.Tt.tA!!:P:.JP::rrQJOPe!erurty;y_ ___________ _ PROJECT LOCATION GROUND ELEVATION ---- GROUND WATER LEVELS: TEST PIT SIZE ------ s;;'. AT TIME OF EXCAVATION _,9,.0,_1!"------------ ,!: AT END OF EXCAVATION _,9,.0'-'ft"------------ AFTER EXCAVATION GB 1 11 55 23 32 99 Huddleston-Berry 640 White A venue, B Grand Junction, CO 81501 970-255-8005 970-255-6818 CLIENT DKB Construction PROJECT NUMBER DATE STARTED _;3g;/2~8/!J!OJ!.8 __ _ COMPLETED _,3~/2"'8'-"/0"-8 __ _ EXCAVATION CONTRACTOR ~C~Ii!.:enwt~---------------- EXCAVATION METHOD .1B~a!!<ck~h~oe!!_ ________________ _ LOGGED BY _lM!J!_Al!;B!__ ______ __ CHECKED BY .1M"!!A~B,_ ____ _ NOTES MATERIAL DESCRIPTION TEST PIT NUMBER TP-2 PAGE 1 OF 1 PROJECTNAME~C~T~A~P~P~rn~p~e~rtyL-____________________ _ PROJECT LOCATION GROUND ELEVATION ____ _ TEST PIT SIZE ----------- GROUND WATER LEVELS: AT TIME OF EXCAVATION _;d=--------------------- AT END OF EXCAVATION ~d"-'-------------------- AFTER EXCAVATION APPENDIXB Laboratory Testing Results ,f,f~-~~~ Huddleston-Berry Engineering & Testing. LLC GRAIN SIZE DISTRIBUTION . ffi'~ 640 White Avenue, Unit B ~ ~ Grand Junction, CO 81501 . '···~ 970-255-8005 ... 970-255-6818 CLIENT DKB Construction PROJECT NAME CTAP Property PROJECT NUMBER 00310-0001 PROJECT LOCATION Rifle CO U.S. SIEVE OPENING IN INCHES I U.S. SIEVE NUMBERS I HYDROMETER 6 4 3 2 1.5 1 314 1/2318 3 4 6 .!1.1 141.6 20 30 •o so so 1oo1402oo 100 I I I I T I T 95 : 90 : 85 : 80 : 75 70 : 65 1-:r: (!) 60 [ij ;:: >-55 m 0:: UJ 50 z u:: 1-45 : z UJ ~ 40 UJ Q. : 35 30 25 20 15 10 : 5 : 0 100 10 1 0.1 0.01 0.001 GRAIN SIZE IN MILLIMETERS I COBBLES : GRAVEL I SAND I SILT OR CLAY coarse fine I coarse medium I fine I Specimen Identification Classification LL PL PI Cc Cu • TP-1, GB1 03/08 FAT CLAY(CH) 55 23 32 Specimen Identification D100 D60 D30 D10 %Gravel %Sand %Silt I %Clay • TP-1, GB1 03/08 2.36 1.3 98.7 ;,K'>"j Huddles.ton-Berry Engilleering & Testing, LLC ATTERBERG LIMITS' RESULTS !/JB\\ 640WhiteAvenue, umtB ~ i. Grand Junction, CO 81501 '~>-" 970-255-8005 ~ 970-255-6818 CLIENT DKB Construction PROJECT NAME CTAP Property PROJECT NUMBER 00310-0001 PROJECT LOCATION Rifle CO 60 v @ @) 50 v p L ./ A s 40 / T I / c • I T 30 v y I N 20 / D v E X / 10 / CL-ML / @ 9 0 0 20 40 60 80 100 LIQUID LIMIT Specimen Identification LL PL PI #200 Classification e TP-1, GB1 3/28/2008 55 23 32 99 FAT CLA Y(CH) D KB CoNSTRUCTION SERVIcEs May 19,2008 Jeff Kehr, Plans Examiner Garfield County Building & Planning 108 Eighth Street, Suite 401 ~~-------------------- Subject: New 50'x60' Metal Storage Building at 21348 Hwy 6 & 24, Rifle, CO 81650 Mr. JeffKehr: Enclosed is the information you requested, in response to my March 29, 2008 email, regarding the above 'Subject' property and project. As a reminder: this is a Metal Building for CTAP (Colorado Tubulars/Aztec Pipe L.L.C.) being constructed on leased Union Pacific Railroad property. The attachments are as follows: • One Page-copy of my March 29,2008 email to you. • Seven Page -Garfield County Minimum Application Requirements • One Page -Garfield County Building Permit Application • One Page -Garfield County required items for final inspection. • One Page-letter from CTAP Owner Ronnie Schwindt authorizing me/DKB Construction Services to sign for permits. • Two page -copy of email giving permission to build this structure on the leased Union Pacific Railroad Property. • Thirteen page-copy of Original Agreement for Lease Audit No. 232991, Covering Use of Railroad Property at Lacy Colorado, dated June 3, 2004. • Six page-copy of Supplemental Agreement for Lease Audit No. 232991, Covering Use of Railroad Property at Lacy Colorado, dated March 13, 2007. • Thirteen Page -Huddleston-Berry Geotechnical Investigation Report. With this letter, you should locate a total of forty-six ( 46) documents. Please feel free to contact me if you need any further information. Sincerely, Dennis K Buxman DKB Construction Services 507 Fruitvale Court Grand Junction, CO 81504 Ofc: 970-434-3430 Fax: 970-434-9584 Cell: 970-986-1804 Email: dkbcs@acsol.net ---------------------~~--------------------- 507 Fruitvale Court • Grand Junction, CO 81504 • (970) 434-3430 • (970) 434-9584 Fax DKB CoNSTRUCTION SERVICES Eroro:oennissuxman'~·········· To: jkehr@garfield-countv.com ~~------------------- Cc: RDPETERS@up.com ; CHAS STRUCKHOFF Sent: Saturday, March 29, 2008 11 :27 AM Subject: New 50'x60' Metal Building at 21348 Hwy 6 & 24, Rifle, CO 81650 Dear Mr. Jeff Kehr, The 50'x60' Metal Building (truck mechanic shop) is for CTAP (Colorado Tubulars/Aztec Pipe LLC) and is being constructed on long term leased property owned by Union Pacific Railroad; from which CTAP has received permission to build, as per copy of email following (my bold and italics): -···· Original Message ••••• From: <RDPETERS@up.com> To: "CHAS STRUCKHOFF" <cstruckhoff@sbcqlobal.net> Cc: "'Duke Altschuler'" <dukeaztec@aol.com>; "Stoney McCarrel" <stoneV@vctap.com>; <CASCHOW@UP.COM> Sent: Tuesday, February 19, 2008 3:13PM Subject: Re: CTAP (Colorado Tubulars!Aztec Pipe) track in Lacy, Co (Folder 2096-30) Charley, You have the Railroad's permission to install a temporary structure on your leased site in Lacy, CO and your group would be bound by the terms of the lease agreement which states that when the lease is cancelled all improvements must be removed Including the cement foundation. Rod Peterson Senior Manager· Real Estate Union Pacific Railroad 1400 Douglas Street, STOP 1690 Omaha, NE 68179 As Garfield County Plans Examiner, I am hopeful that you can answer the following question: will a letter from Mr. Ronnie Schwindt the owner of CTAP, authorizing me to obtain permits be satisfactory. Just so you will know ahead of time: the Site Plan and Leased Property Legal Description will be provided by Q.E.D. Surveying Systems; the Soil Analysis Report will be provided by Huddleston-Berry Engineering & Testing LLC; the Structural Foundation Plan engineering will be provided by Ammold Engineering; Wedgcor Steel Buildings will be engineering all of their building parts and components; and DKB Construction Services (see attached information if interested) is the Project General Contractor. Thank you, Dennis K Buxman DKB Construction Services 507 Fruitvale Court Grand Junction, CO 81504 Ofc: 970-434-3430 Fax: 970-434-9584 Cell: 970-986-1804 Email: dkbcs@acsol.net CONFIDENTIALITY NOTICE: This e-mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and privileged information. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. --------------------~~-------------------- 507 Fruitvale Court • Grand Junction, CO 81504 • (970) 434-3430 • (970) 434-9584 Fax GARFIELD COUNTY BUILDING AND PLANNING 970-945-8212 MINIMUM APPLICATION REQUIREMENTS FOR CONSTRUCTION OF COMMERCIAL OR MULTI-FAMILY RESIDENTIAL BUILDINGS Including NEW CONSTRUCTION ADDITIONS ALTERATIONS And MOVED BUILDINGS In order to understand the scope of the work intended under a permit application and expedite the issuance of a permit it is important that complete information be provided. When reviewing a plan and it's discovered that required information has not been provided by the applicant, this will result in the delay of the permit issuance and in proceeding with building construction. The owner or contractor shall be required to provide this information before the plan review can proceed. Other plans that are in line for review may be given attention before the new information may be reviewed after it has been provided to the Building Department. Please review this document to determine if you have enough information to design your project and provide adequate information to facilitate a plan review. Also, please consider using a design professional for assistance in your design and a construction professional for construction of your project. Any project with more than ten (10) occupants requires the plans to be sealed by a Colorado Registered Design Professional. To provide for a more understandable plan and in order to determine compliance with the building, plumbing and mechanical codes, applicants are requested to review the following checklist prior to and during design. Plans to be included for a Building Permit must be on draft paper at least 18"x 24"" and drawn to scale. Plans must include a floor plan, a concrete footing and foundation plan, elevations all sides with decks, balcony steps, hand rails and guard rails, windows and doors, including the finish grade and original grade 1 line. A section showing in detail, from the bottom of the footing to the top of the roof, including re-bar, anchor bolts, pressure treated plates, floor joists, wall studs and spacing, insulation, sheeting, house-rap, (which is required), siding or any approved building material. Engineered foundations may be required. Check with the Building Department. A window schedule. A door schedule. A floor framing plan, a roofing framing plan, roof must be designed to . withstand a 40 pound per square foot up to 7,000 feet in elevation, a 90 M.P.H. windspeed, wind exposure B or C, and a 36 inch frost depth. All sheets need to be identified by number and indexed. All of the above requirements must be met or your plans will be returned. All plans submitted must be incompliance with the 2003 IBC, IPC, IMC, IFGC, and IFC. Applicants are required to indicate appropriately and to submit completed checklist at time of application for a permit: I. Is a site plan included that identifies the location of the proposed structure, additions or other buildings, setback easements, and utility easements showing distances to the property lines from each comer of the proposed structure prepared by a licensed surveyor and has the surveyors signature and professional stamp on the drawing? Slopes of 30% or more on properties must be show on site plan. (NOTE: Section 106.2) Any site plan for the placement of any portion of a structure within 50 ft. of a property line and not within a previously surveyed building envelope on a subdivision final plat shall be prepared by a licensed surveyor and have the surveyors signature and professional stamp on the drawing. Any structure to be built within a building envelope of a lot shown on a recorded subdivision plat, shall include a copy of the building envelope as it is shown on the final plat with the proposed structure located "fithin the envelope. Yes X ---'--'~- 2. Does the site plan when applicable include the location of the I.S.D.S. (Individual Sewage Disposal System: and distances to the property lines, wells (on subject property and adjacent properties), streams or water courses? This information must be certified by a licensed surveyor with their signature and professional stamp on the design. Yes Not necessary for this project -<X_,__ 3. Does the site plan indicate the location and direction of the State, County or private road accessing the property? Yes _X_ 4. Is the I.S.D.S. (Individual Sewage Disposal System) designed, stamped and signed by a Colorado Registered Engineer? Yes . Not necessary for this project X -'-'~- 2 5. Are the plans submitted for application review construction drawings and not drawings that are stamped or marked identifYing them as "Not for construction, for permit issuance only", "Approval drawings only", "For permit issuance only" or similar language? Yes X Not necessary for this project:___ __ 6. Do the plans include a foundation plan indicating the size, location and spacing of all reinforcing steel in accordance with the building code or per stamped engineered design? Yes _X__ Not necessary for this project __ · 7. If the building is a pre-engineered structure, is there a stamped, signed engineered foundation plan for this building? Yes L Not necessary for this project __ 8. Do the plans indicate the location and size of ventilation openings for under floor crawl spaces and the clearances required between wood and earth? Yes __ Not necessary for project _X__ 9. Do the plans indicate the size and location of the ventilation openings for the attic, roof joist spaces and soffits? Yes __ Not necessary for this project ._X_ 10. Do the plans include design loads as required under the IBC or IRC for roof snowloads, (a minimum of 4C pounds per square foot in Garfield County)? Yes L Not necessary for this project __ 11. Do the plans include design loads as required for floor loads under the IBC or IRC? Yes __ Not necessary for this project._X_ 12. Does the plan include a building section drawing indicating foundation, wall, floor, and roof construction? Yes_X_ Notnecessaryforthisproject __ SEE St-ff:E;.TS:04 1 ot,., 1 18 13. Is the wind speed and exposure design included in the plan? YesL Not necessary for this project __ 14. Does the building section drawing include size and spacing of floor joists, wall studs, ceiling joists, roof rafters or joists or trusses? Yes __ Not necessary for this project__L 3 15. Does the building section drawing or other detail include the method of positive connection of all columm and beams? Yes L Not necessary for this project __ 16. Does the elevation plan indicate the height of the building or proposed addition from the undisturbed grade to the midpoint between the ridge and eave of a gable or shed roof or the top of a flat roof? (Check applicable zone district for building height maximum) YesLNotnecessaryforthisproject__ S£'£ SHE..S.T! l'o 17. Does the plan include any stove or zero clearance fireplace planned for installation including make and model and Colorado Phase II certifications or Phase II EPA certification? Yes __ Not necessary for this projectj(_ 18. Does the plan include a masonry fireplace including a fireplace section indicating design to comply with the IBC or IRC? Yes __ Not necessary for this projectj(_ 19. Does the plan include a window schedule or other verification that egress/rescue windows from sleeping rooms and/or basements comply with the requirements of the IBC or IRC? Yes __ Not necessary for this projectj(_ 20. Does the plan include a window schedule or other verification that windows provide natural light and ventilation for all habitable rooms? Yes __ Not necessary for this projectj(_ 21. Do the plans indicate the location of glazing subject to human impact such as glass doors, glazing immediately adjacent to such doors; glazing adjacent to any surface normally used as a walking surface; sliding glass doors; fixed glass panels; shower doors and tub enclosures and specifY safety glazing for these areas? Yes __ Not necessary for this projectj(_ 22. Do the plans include a complete design for all mechanical systems planned for installation in this building' Yes __ No Not necessary for this project_Xu,__ 4 23. Have all areas in the building been accurately identified for the intended use? (Occupancy as identified in the IBC Chapter 3) Yes __ Notnecessaryforthisproject X LOW 1-!AZ....\R.D sr-oRA~.~ROU.\lS-2. 24. Does the plan indicate the quantity, form, use and storage of any hazardous materials that may be in use in this building? Yes __ Not necessary for this projectL 25. Is the location of all natural and liquid petroleum gas furnaces, boilers and water heaters indicated on the plan? Yes __ Not necessary for this project _.X_ 26. Do the plans indicate the location and dimension of restroom facilities and if more than four employees anc both sexes are employed, facilities for both sexes? Yes __ Not necessary for this project_X__ 27. Do the plans indicate that restrooms and access to the building are handicapped accessible? Yes __ Not necessary for this projectL 28. Have two (2) complete sets of construction drawings been submitted with the application? YesJL_ 29. Have you designed or had this plan designed while considering building and other construction code requirements? Yes_x_ 30. Does the plan accurately indicate what you intend to construct and what will receive a final inspection by the Garfield County Building Department? Yes.l{_ 31. Do your plans comply with all zoning rules and regulations in the County related to your zone district? Fo comer lots see supplemental section 5.05.03 in the Garfield County Zoning Resolution for setbacks. Yes X. 32. Do you understand that approval for design and/or construction changes are required prior to the implementation of these changes? Yes.l{_ 5 33. Do you understand that the Building Department will collect a "Plan Review" fee from you at the time of application and that you will be required to pay the "Permit" fee as well as any "Septic System" or "Road Impact" fees required, at the time you pick up your building permit? YesJ(_ · 34. Are you aware that you are required to call for all inspections required under the IBC including approval or a final inspection prior to receiving a Certificate of Occupancy and occupancy of the building? YesJ(_ 35. Are you aware that the Permit Application must be signed by the Owner or a written authority be given for an AXnt and that the party responsible for the project must comply with the Uniform Codes? Yes 36. Are you aware that you must call in for an inspection by 3:30 the business day before the requested inspection in order to receive it the following business day? Inspections will be made between 7:30a.m. and 3:30p.m. Monday through Friday. Inspections are to be called in to 384-5003. YesL 37. Are you aware that requesting inspections on work that is not ready or not accessible will result in a $50.00 re-inspection fee? YesL 38. Are you aware that prior to submittal of a building permit application you are required to show proof of a legal and adequate access to the site? This may include. (but is not limited to) proof of your right to use a private easement/right of way; a County Road and Bridge permit; a Colorado Dept. of Highway Permit including a Notice to Proceed; a permit from the federal government or any combination. You can contact the ~gad & Bridg,; Dx;ggept at §25-§6Ql See Phone book for other agencies Yes GX!SMf-::>T P6~ JA\:::'-E. MAW.... 39. Do you understand that you will be required to hire a State of Colorado Licensed Electrician and Plumber to perform installations and hookups? The license number will be required at time of inspection. Yes _X_ 40. Are you aware, that on the front of the building permit application you will need to fill in the Parcel/ Schedule Number for the lot you are applying for this permit on prior to submittal of the building permit application? Your attention in this is appreciated. Yes _X_ 41. Do you kuow that the local fire district may require you to submit plans for their review of fire safety issues? Yes)!,__ (Please check with the building department about this requirement) 6 42. Do you understand that if you are planning on doing any excavating or grading to the property prior to issuance of a building permit that you will be required to obtain a grading permit? Yes x_ Not necessary for this project__ . 43. Did an Architect seal the plans for your commercial project? State Law requires any commercial project with occupancy of more than 10 persons as per Section I 004 of the IBC to prepare the plans and specifications for the project. Yes Not Necessary for this project _L>. ___ _ Phone: <J10~4~4-343Z> (days); 970· 961.:. ·I e>04 (evenings) Project Name: erA j::l Project Address: 2( 346 Sro& A:G.,fi. BWt..hiNG HW'f b.f.-24, ~IF=L.S.,C.O ~llo50 Note: On any of these questions you may be required to provide this information. If required information is not supplied, delays in issuing the permit are to be expected. Work may not proceed without the issuance of the permit. *If you have answered "Not necessary for this project" on any of the questions and it is determined by the Building Official that the information is necessary to review the application and plans to determine minimum compliance with the adopted codes, please expect the following: A. The application may be placed behind more recent applications for building pennits in the review process and not reviewed until required information has been provided and the application rotates again to first positio for review. B. Delay in issuance of the permit. C. Delay in proceeding with construction. BpcommDec2007 7 Parcel Detail Page 1 of3 Garfield County Assessor/Treasurer Parcel Detail Information Assessor/Treasurer Property_ Searc11 I As.~sm: S!Jlli;~et_Quezy I As~ssor S~ale.s_£earch Cler~ Recorder Rec<mtion Search Parcel D~tail I Value~.tail I Sale~etail I Residrutilll/CQill)lleJTiallmprQvement JE!ail Lan4 Detail I Phot.Qgraphs I Tax Area II Account Number II Parcel Number II 2007 Mill Levy I I 086 II R019041 II 217523200141 II 45.848 I Owner Name and Mailing Address lsoUTHERN PACIFIC TRANSPORTATION COMPANY IT AX DEPARTMENT J1400 DOUGLAS, STOP 1640 loMAHA, NE 68179-1640 Assessor's Parcel Description (Not to be used as a legal description) lsECT,TWN,RNG:23-6-94 DESC: TR IN INWNE LOTS 3, 4 & Nl/2NW DESC: ALSO ITHAT PORTION OF LOT 2 CONT. 3.36 AC IL YING DESC: N OF DGRW ROW. BK:0983 IPG:0091 BK:0589 PG:0911 BK:0589 IPG:0895 RECPT:737673 RECPT:737672 JBK:0888 PG:0025 BK:0704 PG:0981 IBK:0704 PG:0977 BK:0672 PG:0683 IBK:0648 PG:0755 BK:0627 PG:0660 Location Physical Address: IIRIFLE Subdivision: I II http:/ lwww. garcoact.com/assessor/parcel.asp ?ParcelNumber=217 523 200 141 I I I I I I I I I I I I I 5/22/2008 Parcel Detail Page 2 of3 I Land Acres: 11100.33 I I Land Sq Ft: lio I Section II Township II Range I I 23 II 6 II 94 I 2008 Property Tax Valuation Information II Actual Value II Assessed Value I I Land: II 1,311,11011 380,2201 I Improvements: II oil 0 I Total: II 1,311,11 o)l 380,2201 Sale Date: 1112/23/1993 Sale Price: )1208,000 Basic Building Characteristics Number of Residential 0 Buildings: Number of Comm!Ind 0 Buildings: No Building Records Found Tax Information I Tax Year II Transaction Type II Amount I I 2007 II Tax Payment: Whole II ($17,432.32)1 I 2007 II Tax Amount II $17,432.321 I 2006 II Tax Payment: Whole II ($12,513.88)1 I 2006 II Tax Amount II $12,513.881 I 2005 II Tax Payment: Whole II ($12,576.06)1 I 2005 II Tax Amount II $12,576.061 I 2004 II Tax Payment: Whole II ($2,986.60)1 I 2004 II Tax Amount II $2,986.601 I 2003 II Tax Payment: Whole II ($3,321.42)1 I 2003 II Tax Amount II $3,321.421 I 2002 II Tax Payment: Whole II ($2,353.00)j I 2002 II Tax Amount II $2,353.001 I 2001 II Tax Payment: Whole II ($2,405.24)1 http:/ /www.garcoact.com!assessor/parcel.asp?ParcelNumber=217 523200141 5/22/2008 Parcel Detail 2001 II Tax Amount II $2,405.241 2000 II Tax Payment: Whole II ($2,4 73.62)1 2000 II Tax Amount II $2,473.621 1999 II Tax Payment: Whole II ($2,480.98)1 1999 II Tax Amount II $2,480.981 To12.ciJ>a~ Assessor Datrtba.s.e_Search 0!2tiJllls I Treasurer Database Search Options CleJk & Recorder Database Search Options Garfield County Home Page ---------------· Page 3 of3 The Garfield County Assessor and Treasurer's Offices make every effort to collect and maintain accurate data. However, Good Turns Software and the Garfield County Assessor and Treasurer's Offices are unable to warrant any of the information herein contained. Copyright © 2005 -2008 Good Turns Software. All Rights Reserved. Database & Web Design by Gllo.d..T1!ills.SJJftJY.aLe. http://www.garcoact.com/assessor/parcel.asp?Parce1Number=217523200 141 5/22/2008