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No. L1=1 Job Address, Owner - V� BUILDING PERMIT C /a" OCR Assessor's Parcel No _ _YSa= Date t' t ddre Phone # Phone #rte s-'3 _o�4w Zoning Contractor Address `Setbacks: Front Rear RH LH C©fl I- r ) INSPECTIONS Soils Test Footing Foundation /i - Grout Underground Piumbi g _54 -00 n L Rough Plumbing 12-'D(2 Framing ' R- Axioot Insulation Roofing _._ Drywall -o Gas Piping _4641,- 31 (co ,4/,r3II(co - ., Weatherproofing Mechanical Electrical Rough (State) g q/ -db Electrical Final State) S-22-0,6 (4-o FinalS22 �b heckli%.Gompl ted? Certificate Occupanc # .•�Mot Date Qa.' (X= Septic System # Date Final Other NOTES 4qqM'cl& —01 -31Q-f) 0 6 (continue on back) BUILDING PERMIT GARFIELD COUNTY, COLORADO Date Issued 1* 1 .d` Zoned Area Permit No 171f 1/ AGREEMENT In consideration of the issuance of this permit, the applicant hereby agrees to comply with all laws and regulations related to the zoning, location; construction and erection of the proposed structure 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 Inspector and IMMEDIATELY BECOME NULL AND VOID. Use COWL') lent 3 Sottlgtiev 6-11:1:1.16% • Address or Legal Des ption 10rri OwneTALSOL Setbacks Front t4.iNg*ontraetor Side Side Rear This Card Must Be Posted So It is Plainly Visible From The Street Until Final Inspection. INSPECTION RECORD Footing -11-- Of) Ailik...„._ Driveway i, Z = lc 01 J,D kms, 0 DK Foundationz�a' Underground Plumbing ,-1:1 ,1 qt Insulation �- / -.06,OA Rough Plumbing 4-12. _ t /fi-rA, Drywall 171 �1 i _ D w ,a'mb Chimney& Vent'1 �-- I2 -0 (� �� `a� f'( Electric Final (by State Inspector) -5-'1 G� Gas Piping _ ___. --- Final —2Z- 6 Jowl. Electric Rough (By State Inspector) 1, � Septic Final 1 Framing (To include Roof in place and Windows and Doors installed). Notes: , ALL LISTED ITEMS MUST BE INSPECTED AND APPROVED BEFORE COVERING - WHETHER INTERIOR OR EXTERIOR, UNDERGROUND OR ABOVE GROUND. / THIS PERMIT IS NOT TRANSFERABLE For Inspections Call 384-5003 108 8th Street Glenwood Springs, Colorado APPROVEDDO NOT DESTROY THIS CARD Date 1.12-66 By IF PLACED OUTSIDE - COVER WITH CLEAR PLASTIC OCT -14-2005 FRI 02:27 PM KUM&GO, L, C, FAX NO, 5152239370 P. 02 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 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. 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, an 80 M.P.H. windshear, wind exposure B, windload of 15 pounds per square foot and a 36 inch frost depth. All sheets 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 1997 UBC, UMC and 1997 UPC. Applicants are required to indicate appropriately and to submit completed checklist at time of application for a permit: 1. 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 corner 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: 106.3.1 (7.) 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 within the envelope. Yes 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 No Not necessary for this project V 3. Are the plans submitted for application review construction drawings and not drawings 2 OCT -14-2005 FRI 02:27 PM KUM&G0, L. C. FAX NO, 5152239370 P. 03 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 Ni No Not necessary for this project 4. Is the I,S.D.S. (Individual Sewage Disposal System) designed, stamped and signed by a Colorado Registered Engineer? j� Yes No Not necessary for this project Y 5. Does the site plan indicate the location and direction of the State, County or private road accessing the property? Yes 6. Do the plans include a foundation plan indicating the size, location and spacing of all reinforcing; teel in accordance with the uniform building cede or per stamped engineered design? Yes No Not necessary for this project 7. If the building is a pre-engineered structure, is there a stamped, signed engineered foundation plan for this banding? _ Yes No 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 No Not necessary for project L_ 9. Do the plans indicate the size and location of the ventilation openir}gs for the attic, roof joist spaces and soffits? Yes No Not necessary for this project 10, Do the plans include design loads as required under the Uniform Building Code for roof snow19, (a minimum of 40 pounds per square foot in Garfield County)? Yes v No Not necessary for this project 11. Do the plans include design loads as required for floor loads under the Uniform Building Code Chapter 16 and Tables 16A, 16B and 16C? Yes No Not necessary for this project d� 12. Does the pia nclude a building section drawing indicating foundation, wall, floor, and roof con ction? Yes No Not necessary for this project 13. Is the w*►fd speed and exposure design included in the plan? "Yes No Not necessary for this project 3 OCT -14-2005 FRI 02:27 PM Ki1M&G0, L. C. j FAX NO. 5152239370 P. 04 14, Does the bu' ding section drawing include size and spacing of floor joists, wall studs, ceiling j s, roof rafters or joists or trusses? Yes No Not necessary for this project 15. Does the building section drawing or other detail include the method of positive connect' of all columns and beams? Yes No Not necessary for this project 16. Does the plan indicate the height of the building or proposed addition from the highest paint of the building or addition measured at mid span between the ridge and the eave downto isting grade contours? Yes No Not necessary for this project 17. Does the plan include any stove or zero clearance fireplace planned for installation including make and model and Colorado Phase 11 certifications or Phase 11 EPA certification? Yes No Not necessary for this project 18. Does the plan include a sonry fireplace including a fireplace section indicating design to comply with the U ' orm Building Code Chapter 31? Yes No Not necessary for this project 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 Uniform ilding Code? Yes V No� Not necessary for this project 20, Does the plan include a window schedule or other verification that windows provide naturavgift and ventilation for all habitable rooms? Yes No Not necessary for this project 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 Iking surface; sliding glass doors; fixed glass panels; shower doors and tub enclosu and specify safety glazing for these areas? Yes No Not necessary for this project 22. Do the plans include a complete design for all mechanical systems planned for installati1 in this building? Yes No Not necessary for this project 23. Have all areas in the building been accurately identified for the intended use? (Occupancy as identified in the Uniform Building Code Table 5-A) 4 OCT -14-2005 FRI 02:28 PM KUM&GO, L. C. Yes FAX NO. 5152239370 P. 05 No Not necessary for this project 24. Does the plan indicate the quantity, form, use and storage of any hazardous materials that may be in use in this building? Yes No - Not necessary for this project 25. Is the location of all natural and liquid petroleum gas furnaces, boil and water heaters indicated on the plan? . Yes No Not necessary for this project _ 26. Do the plans indicate the location and dimension ofrestroom facilities and if more than four emp ees and both sexes are employed, facilities for both sexes? Yes No Not necessary for this project 27. Do the plan indicate that restroorns and access to the building are handicapped accessib Yes No Not necessary for this project 28. Have two (2) complete sets of construction drawings been submitted with the application? Yes y No 29. Have you designed or had this plan designed while considering building and other construction code requirements? Yes No Not necessary for this project 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, \,r No 31. Do your plans comply with all zoning rules and regulations in the County related to your zone district? For corner lots see supplemental section 5.05.03 in the Garfield County ZoningResolution for setbacks. Yes No 32. Do you understand that approval for design and/or construction changes arc required prior to the implementation of these changes? Yes `/ No 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? Yes ke No,_� 5 OCT -14-2005 FR 102:28 PM 'KUM&GO, L. C. FAX NO. 5152239370 34. Are you aware that you are required to call for all inspections required under the Uniform Building Code including approval on a final inspection fir to receiving a Certificate of Occupancy and occupancy of the building? Yes \e No 35. Are you aware that the Permit Application must be signed by the Owner or a written authority be given for an Agent and that the party responsible for the project must compjy with the Uniform Codes? Yes V No 36. Are you aware that twenty-four (24) hour notice is required for all inspections? Inspections will be made from Battlement Mesa to West Glenwood in the mornings and from Glenwood Springs to Carbondale, in the afternoon. All inspections must be called in by 3;30 p.nt. the day before. Failure to give twenty-four (24) hour notice for inspections will delay your inspection one (1) day. Inspections are to be called in to 384-5003. 37. Are you aware that requesting inspections on work that is not ready or not accessible will result in a $47.00 re -inspection fee? Yes, \ No 38. Are you aware as part of the submittal for a building permit you are required to show proof of a driveway access permit from the Garfield County Road & Bridge Department or if applicable the State Highway Department? If a permit is not necessary, then a letter stating that information is required. You can contact the Road & Bridge Department at 625-8601 or refer to the phone book for the State Highway Department phone number if applicable. Yes �► No N/A 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 NO No 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 No 41. Do you know that the local fire district may require you to submit plans for their review of fire safety issues? Yes No (Please check with the building department about this requirement) 6 P. 06 OCT -14-2005 FRI 02:28 PM KUM&GO, L. C. FAX NO. 5152239370 P. 07 42. Are you aware, that if you receive your water and/or sewer from an Association, a District or Municipality, you will be required to provide the County with a copy of the Tap Permit (or evidence of an exemption) at the time of the building permit applicion submittal? Yes \, No N/A 43. If you are within five (S) miles of the City of Rifle or the Town of Parachute, have you checked with them concerning water shed protection zone permit requirements for ISDS and other activities? Yes No N/A I hereby ac .wledge that 1< have read, understand, and answered these questions to eft,' est of . bili . 4 ,% D l 47/--10,5. nate Phone: 41Zh (days); (evenings) Project Name: u,.A o 66 Project Address: Note: If you answered "No" on any of these questions you may be required to provide this information at the request of the Building Official prior to beginning the plan review process. 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 permits in the review process and not reviewed until required information has been provided and the application rotates again to first position for review. B. Delay in issuance of the permit. C. Delay in proceeding with construction. *If you answered "No" to this question the circumstances described in the question could result in a "Stop Work Order" being issued or a "Certificate of Occupancy" not being issued. 7 0ci 26 2005 9:31AM HP LASERJET FAX n.s: qt b2b1:1b2? ROAD AND $RIDGE Garfield Coun Application for Driveway Permit Person Obtaining Permit Battlement Meas Partners Application Date: 106/2005 Courtly Road Number: 300 (somas Ilstitkment Prkwy) P. PGE 07 Permit Number: GRB0S »-98 Termination Dste: II/62m District: Silt Inspector: Jake Mall licreby requests permission and authority from the Board of County Commissioners to construct a driveway approach (es) 011 the right-of-way offofCounty Road, 300 heath ilattlammet Pginyvt, 365ft East of Intersection of Stone Quarry *ad Battlement Mess Prlcwy, on mouth Bait, located on the Seeetl, side ofroad for the purpose of obtaining access to property. Applicant submits herewith for the consideration and approval of the Board of County Commissioners, a sketch of the proposed installation showing all the necessary specification detail including 1. Frontage of lot along road. 2. Distance from centerline of road to property line. 3. Number of driveways requested 4. Width of proposed driveways and angle of approach. 5. Distance from driveway to road intmxectioit„ if any. 6. Size and shape of ares separating driveways if more than one approach. 7. Setback distance of building(s) and other structure improvements. 8. No unloading of equipment on county road, any dames:, caused to county road will be repaired at subdivision expense. 9. Responsible for two years from the date of comtpletion. General P evbitras 1) hes applicant represents alt pages is interest, and affirm' that the driveway approach (es) is to be constructed by him for the lama fide purpose of securing access to his prapnty and not for the purpose of doing business or servicing vehicles on the road right of way. 2) The applicant shall furnish all labor and materials, eerforrn all woric, and pay all croute in connection with the construction ofthe driveway(s). All work shalt be completed ted within thirty (30) day, of the mit date. 3) he type of construction shall be as designated and/or approved try the Board of County Commissioners or their representreive and all Mats used shall be ofsatisfectoty why and subject to inspection and approval of the Board of County Commissioners or their representative. 4) The traveling public shall be protected during the installation with proper warning signs and signals and the Board of County Commissioners end their duly appointed agent and empty shall be held harmless against any action for personal injury or properly damage Sustafned by Freston ofthe exercise of the Permit. 5) The Applicant shall assume responsibility for the removal or clearance of snow, ice, or sleet upon any portion of the driveway approach (es) even though deposited on the drivoway(s) m tits course ofthe County snow removal operations. Oct 26 2005 9:31AM HP LASERJET FAX W"" LID OZDtkt1L! ROAD AND BRIDGE P.3 PAGE 0B 6) In the event it becomes necessary to remove any right-of-way fence, thts on either side of the antral= shall be surely braced before the fence is cut to went airy slacking of the remaining fence and all posts and wire removed shall be turned over to the District Road Supervisor ofthe Board of County Commissioners. 7) No revisions or additions shall be made to the driveway(s)orits appurtenances on the right-of-way without written permission of the Board of County Commissioners. 8) Provisions and specifications outlined herein shall apphj on all roads under the jurisdiction of the Board of Count) Commissioners of Garfield County, Colorado, and the Specifications, set forth on the attached hereof and incorporated herein as conditions hereof. 9) Final inspection, of driveway will be requited upon completion and must be approved by person issuing permit or representative of person issuing permit The inrpectiaa and sign °tansit be dere prior to -y CO freer the Malin' end Planning Department being hasped. Special Co> ioos: 1. Driveway width- 331st 2. Culvert respired? False Size: by 3. Asphalt or concrete pad required? True She eland: SiZ-inch valley pen flo*line of curWgntt 4. Gravel portion required? False Ieagtb: 5. Trees, bash and/or fence need to be removed for ? Faure 6. Diatam;e sed Direction: T. Certilfred Traffic Control Required? False 8. Work zone sigma required? True In signing this application and upon receiving authorisation and remission to install the driveway approach (es) described herein the Applicant signifies that he has read, understands and accepts the foregoing provisions and conditions and agrees to construct the driveway(s) mt'noovrdauce with the accompanying specification pies reviewed and approved by the Board ofCormty Commissioners. Styled: Battlement sa artners Address: P0 apIC &ow Parathilel Co ,a(g35 Telephone Number: R7O- AS- Q740 Permit granted 10/4/2005, subject to the provisions, specifications sad conditions stipulated herein. Far Board of Cotmty Commissioners'pfGerfreld County, Colorado: Representative of Garfield County Road and Bridge Signature Oct 26 2005 9:31AM HP LASERJET FAX ROAD AND BRIDGE PAGE n� Sneckficati9ns is understood to be that prion of the county road right -of way between the pavement edge 1. A driveway property line approach of traffic bettween the roadway and abutting and the lne flint is designed and used for the intim Property. 2. At any intervection, a driveway shall be testricte3 for a 3;31r -iciest distance from the intersection to preserve ttse normal and safe movement of traffic. (It is recommended for rural residence entrances that a minimum intersection clearance of 50 Beet be provided end for trust commercial entrances a minimum of 100 feet be provided.) 3. Ari entrances and exits shall be so located and +nom that vehicles approaching or using them will be able to obtain adequate sight distance in both directions along the county road in order to maneuver safely end without interfering with county road traffic - 4. The Applicant shun not be permitted to erect eay sign or display material, either fixed or movable, on or extending over any portion of the vanity road rpt -of -way. 5. Gerke rally, no more than one watch shall be allowed any parcel or property the frontage of which is Less than one hutted (100) feet. Additional entrances or exits for parcels having a frontage in excess of one hundred 100) feet shall be mutinied only after showing of 'duel convenience and necessity. 6. All driveways shall be so located thatthe flared portion adjacent to the traveled wary will not encroach upon adjoining property. 7. No commercial driveway shall have a width grader than thirty (30) feet mees>ared at right angles In the centerline of the driveway except as increased by pesmisaiib1e radii. No noncommercial driveway shall have a width greater than twenty (20) feet measured at right masks to the centerline of the driveway, except as increased by permissible tadil 8. The axis of an approach to the x+oad may be at a right angle to the ctmtaesline of the county road and of any angle between ninety (90) dege es and shy (60) degrees but shall not be less than sorry (60) degrees. Adjustment will be made according to the typo of traffic to be served and other physical condition. 9. The construction of parlciag or servicing areas on the county rued tight -of -way is specifically prohibited. Commercial est ablishmea ns fur customer vehicle* should. provide off -he -road panting facilities_ 10. The grade of entrance and exit shalt slope dosed and away from the road ,wface ar the same rate as the normal should+et slope and for a duce equal to the width of the shoulder but inno ewe less than twenty (20) feet from the pavement edge. Approach grades are restricted ted to not mare than ten percent (I 0%)_ 13 . All driveways and des shall be so constructed then they shall not interfere with the drainage system of the street or county gond. The Applied will be required to provide, at his own expense, drainage structures at entrances and emits, which will become an integral pert of the existing drainage system. The Board afCounty Commissioners or their remove prix' to installation, must approve the dimensions and types of ell drainage • structures. Note This permit shall be made available at the she where and when work it being don. A work Wretch or drawing of the proposed driverray(s) sand . _ _ , < , , , fin. No permit be hawed without drawing, bra ` of *itch. 11,11/2005 03:25 FAX 970 345 5948 SCH1MUESER GORDON NEVER VA 001/002 Glenwood Springs Office: (970) 945.1004 sc�IMuesEQ j GORDON (M { ''. - FAX; (970) 945-5948 [HOIµSLR• i 4U IVCropt, - 7(16 Aspen Office: (970) 925-6727 FAX: (970) 925-4157 GAR. - SC HMLlESEIt GORDON MEYER, INC $UILUVN '' Yu"•Crested Bate Office: (970) 349.5355 110 West 6th Street, Suite 200 FAX: (970) 349-5358 Glenwood Springs CO 81601 tttfra•//w scan- nt.corn MISSION STATEMENT: We exbt to make ow clients successful. We do this by understanding therlr development and irrfrashucture needs, and the unique environment of the volhey communIks where we live.. We provide responsive, appropriate engineering surveying and consulting servicers to ochIeve our clients' goals while protecting the health safety, quality of life and mountain environment of our neighbors„ Project' 19- /1t14 Project No: Z of of r z ae Dote: To: To' To. To' To' To: rV 5 FROM' C . i ) Original moiled. COMMENT' �.+ afi Fax;_.. ?? Fax: Fax: FOX: Fax' Fax 11 Original not mailed. CNFIDENTIAIfTY NO This facsimile transmission (and/or documents accompanying it) may contain canfidenllof Information belonging to the sender, which is pratecfed by the engineer/client privilege. The information Is intended only for the use of the Individual or enitty named °bora, if you are not the Intended recipient. you are hereby notified that ony disclosure, copying, distribution, or the taking of any action in reliance on the contents of this information is 3mcilyprohiblt.d, if you have received this hanamissfon In error, please immediately no* us by telephone to arrange for return of the documents, Thank you Total pages (including this page): . Please coil if thisamount of pages was not received. ,AFoammufam x Garfield County Building and Planning 108 8th Street Suite 201 Glenwood Springs, CO 81601 970.945.8212 Plan analysis based on the 2003 International Building Code Project Number: Project Name: Kum and Go Address: 001 Stone Quarry Road Occupancy: M Construction: V -B Date: December 14, 2005 Contractor: Henning Architect: Shiffler Engineer: Magnani Report By: Andy Schwaller NOTE: The code items listed in this report are not intended to be a complete listing of all possible code requirements in the 2003 IBC. It is a guide to selected sections of the code. FRONTAGE INCREASE: Perimeter of the entire building = 238 feet. Perimeter which fronts a public way or accessible open space = 238 feet. Minimum width of public way or accessible open space = 20 Allowable area increased 50.0% for frontage increase. -- Sec. 506.2 FL NAME OCC MAX FLR AREA ALLOWED RATIO STATUS 1 Store M ok 3431 13500 0.25 ok TOTAL FOR FLOOR 3431 13500 0.25 ok BUILDING TOTAL 3431 13500 0.25 ok -- Sec. 503, 504, 506 and Table 503 The actual height of this building is 17.0 feet. PROPERTY DESCRIPTION: North Side has building. - To building = 60.0 ,assumed property line 30.0 Exterior wall rating based on distance to assumed property line. - - Sec. 704.3 and 702.1 FIRE SEPARATION DISTANCE East Side has a property line. - Distance to property line = 130.0 South Side has building. - To building = 65.0 ,assumed property line 30.0 Exterior wall rating based on distance to assumed property line. - - Sec. 704.3 and 702.1 FIRE SEPARATION DISTANCE West Side has a property line. - Distance to property line = 115.0 Page # 2 Code review for: Project Id.: Kum and Go Address: 001 Stone Quarry Road EXTERIOR WALL FIRE RATINGS AND OPENING PROTECTION Sec. 602, Tables 601 and 602, and Sec. 704 NORTH OCC BRG NON OPNG% WALL BRG UP/PR M 0 -hr 0 -hr NL/NL EAST BRG NON OPNG% WALL BRG UP/PR 0 -hr 0 -hr NL/NL SOUTH BRG NON OPNG% WALL BRG UP/PR 0 -hr 0 -hr NL/NL WEST BRG NON WALL BRG 0 -hr 0 -hr OPNG% UP/PR NL/NL The exterior walls may be of COMBUSTIBLE material. -- Sec. 602.5 Exterior walls are required to be fire -rated for exposure to fire: 1. From Both sides when fire separation is 5 feet or less. 2. On the interior side only when separation is greater than 5 feet. -- Sec. 704.5 up/pr = Maximum percent of openings in the exterior wall. -- Table 704.8 up - The maximum percent if all openings are unprotected. pr - The maximum percent if all openings are protected. If some are protected and some are not, then use formula in Sec. 704.8 Openings in lhr walls are required to be protected with 3/4 hour assemblies. -- Sec. 704.12 and Sec. 715.4 Openings in walls required to be greater than lhr are required protected with 1 1/2 hour assemblies. -- Sec. 715.4 No fire protection requirements for openings. Openings are not permitted in this wall. NL NP Note: Unlimited unprotected openings are allowed in walls not required to fire-resistant. -- Table 704.8, Note: g. * = These walls may be required to have a parapet wall 30 inches above the roofing. The parapet wall is required to have the same fire rating as the wall and shall have noncombustible faces for the uppermost 18 inches. -- Sec. 704.11 Exception 1: A parapet wall is not required when the wall is not required to be fire -resistive. Page # 3 Code review for: Project Id.: Kum and Go Address: 001 Stone Quarry Road FIRE RESISTANCE RATINGS FOR BUILDING ELEMENTS Table 601 ELEMENT MATERIAL RATING NOTES Structural Frame Any 0 hour Interior Bearing wall Any 0 hour Interior nonbrg wall Any 0 hour Floor/Ceiling Assembly Any 0 hour Roof/Ceiling Assembly Any 0 hour Stairs Any None NOTES: DRAFTSTOPPING: If there is combustible construction in the roof/ceiling assembly, draftstopping shall be installed so that the area of concealed space does not exceed 3,000 square feet. -- Sec. 717.4.3 Opening in the partitions shall be protected by self-closing doors with automatic latches constructed as required for the partitions. -- Sec. 717.4.1.1 EXIT REQUIREMENTS: FL NAME NUMB MIN MIN PANIC CORRIDOR DOOR NOTES OCC EXITS WIDTH HDWR RATING SWING 1 Store TOTAL FOR FLOOR 114 2 22.8 No N/A Out 1 114 2 22.8 No N/A Out FOOTNOTES: 1. Two exits are required from this area since the occupant load exceeds allowable in Table 1014.1 NOTES FOR EXIT TABLE Door swing is based on Section 1008.1.2 Occupant load is based on Section 1004 and Table 1004.1.2 Exit width is in inches and based on Section 1005.1 & Table 1005.1 Width shown for all areas is based on other egress components. Width shown for 1st floor is based on other egress components. Width shown for other floors & basements is based on stairways. For the minimum width of doors, see Section 1008.1.1. For the minimum width of corridors, see Section 1016.2. For the minimum width of stairways, see Section 1009.1. Exits shall be continuous from the point of entry into the exit to the exit discharge. -- Sec. 1003.6 Page # 4 Code review for: Project Id.: Kum and Go Address: 001 Stone Quarry Road EXIT SEPARATION In areas where 2 exits are required, the minimum separation is 1/2 of the maximum diagonal of the area or floor measured in a straight line between exits or exit access doorways.-- Sec. 1014.2.1 Multiple means of egress shall be sized such that the loss of any one means of egress shall not reduce the available capacity by more than 50 percent. -- Sec. 1005.1 EXIT SIGNS Exits and exit access doors shall be marked by an approved exit sign. Signs shall be placed where the exit or the path of egress travel is not immediately visible. No point to be more than 100 feet from an exit sign. -- Sec. 1011.1 Exception 1: Exit signs are not required in rooms or areas which require only one exit. Exception 2: Main exterior exit doors which obviously and clearly are identifiable as exits need not be signed when approved. Exit signs shall be internally or externally illuminated. -- Sec. 1011.2 Exit sign shall be illuminated at all times including during loss of primary power. -- Sec. 1011.4 & Sec. 1011.5.3 BOLT LOCKS: Manually operated flush bolts and surface bolts are not permitted. -- Sec. 1008.1.8.4 Exception 2: Where a pair of doors serves a storage or equipment room, manually operated edge- or surface -mounted bolts are permitted on the inactive leaf. LOCKS AND LATCHES: Egress doors shall be readily openable from the egress side without the use of a key or any special knowledge or effort. -- Sec. 1008.1.8 Locks and latches shall be permitted to prevent operation where any of the following exists: Exception 2: The main door or doors in Group B, F, M and S areas are permitted to be equipped with key operating locking devices from the egress side provided: 2.1 The locking device is readily distinguishable as locked. 2.2 A readily visible durable sign is posted on the egress side stating: THIS DOOR TO REMAIN UNLOCKED WHEN BUILDING IS OCCUPIED Exception 3: Where egress doors are used in pairs, automatic flush bolts shall be permitted to be used, provided the door leaf having the automatic flush bolts has no doorknob or surface -mounted hardware. Page # 7 Code review for: Project Id.: Kum and Go Address: 001 Stone Quarry Road WALL AND CEILING FINISH: 1 Wall and ceiling finish materials are required to comply with Sec. 803.5 and Table 803.5. 2. Textile wall coverings shall have Class A flame spread index and shall be protected by automatic sprinklers or meet the criteria in Section 803.6.1.1 or 803.6.1.2. -- Sec. 803.6.1 3. Carpet and similar textile materials used as a ceiling shall have a Class A flame spread index and be protected by automatic sprinklers. - - Sec. 803.6.2 4. Expanded vinyl wall coverings shall comply with the requirements for textile wall and ceiling materials. -- Sec. 803.7 5. Toilet room floors shall have a smooth, hard nonabsorbent surface that extends upward onto the walls at least 6 inches. - - Sec. 1210.1 6. Walls within 2 feet of urinals and water closets shall have a smooth, hard nonabsorbent surface, to a height of 4 feet above the floor. - - Sec. 1210.2 INSULATION NOTES: 1. Insulating materials shall have a flame -spread rating of no more than 25 and a smoke developed index of not more than 450. -- Sec. 719.2 (concealed installation) and Sec. 719.3 (exposed installation) 2. Where such materials are installed in concealed spaces, the flame spread and smoke developed limitations do not apply to facings, coverings and layers of reflective foil that are installed behind and in substantial contact with the unexposed surface of the ceiling, wall or floor finish. -- Sec. 719.2.1 Foam plastic insulations are required to be protected. -- Sec. 2603 ACCESSIBLE FACILITIES: NOTE: Except as noted, section numbers listed below are from ICC/ANSI A117.1-1998 WATER FOUNTAINS AND WATER COOLERS: Accessible units must comply with the following: 1. Spout is to be within 36 inches of the floor. -- Sec. 602.4 2. Spout arranged for parallel approach shall be located 3 1/2 inches maximum from the front edge. Units with a forward approach shall have the spout 15 inches minimum from the vertical support and 5 inches maximum from the front edge of the unit. -- Sec. 602.5 3. Spouts shall provide a flow of water 4 inches height minimum. -- Sec. 602.6 Page if 8 Code review for: Project Id.: Kum and Go Address: 001 Stone Quarry Road TOILET FACILITIES: 1. A 60 inch diameter turning space or T-shaped space is required in the toilet room. -- Sec. 603.2.1 and 304.3 Doors shall not swing into the clear floor space for any fixture. 603.2.3 See exception for rooms used for individual use. 2. Water closet shall be mounted adjacent to a side wall or partition. The distance from the side wall or partition to the centerline of the water closet shall be 16 to 18 in. Sec. 604.2 3. When the accessible water closet is not in a compartment: Clearance around the water closet shall be 60 inches minimum, measured perpendicular to the side wall, and 56 inches minimum, measured perpendicular to the rear wall. -- Sec. 604.3.1 4. When the accessible water closet is in a compartment: Wheelchair accessible compartments shall be 60 inches wide minimum measured perpendicular to the side wall, and 56 inches deep minimum for wall hung water closets and 59 inches deep for floor mounted water closets, measured perpendicular to the rear wall. -- Sec. 604.8.1.1 Compartment doors shall not swing into the minimum required compartment area. -- Sec. 604.8.1.2 Page # 10 Code review for: Project Id.: Kum and Go Address: 001 Stone Quarry Road GLAZING REQUIREMENTS All glazing in hazardous locations is required to be of safety glazing material. -- Sec. 2406.1 Locations: -- Sec. 2406.3 1. Glazing in swinging doors except jalousies. 2. Glazing in fixed and sliding panels of sliding patio door assemblies and panels in sliding and bifold closet door assemblies. 3. Glazing in storm doors. 4. Glazing in all unframed swinging doors. 5. Glazing in doors and enclosures for hot tubs, whirlpools, saunas, steam rooms, bathtubs and showers. Glazing in any portion of a building wall enclosing these compartments where the bottom exposed edge of the glazing is less than 60 inches above a standing surface. 6. Glazing in fixed or operable panels adjacent to a door where the nearest exposed edge of the glazing is within a 24 -inch arc of either vertical edge of the door in a closed position and where the bottom exposed edge of the glazing is less than 60 inches above the walking surface. Exception: Panels where there is an intervening wall or other permanent barrier between the door and glazing. 7. Glazing in an individual fixed or operable panel, other than those locations described in items 5 and 6 above, than meets all of the following conditions: 7.1 Exposed area of an individual pane greater than 9 square feet. 7.2 Exposed bottom edge less than 18 inches above the floor. 7.3 Exposed top edge greater than 36 inches above the floor. 7.4 One or more walking surfaces within 36 inches horizontally of the plane of the glazing. See Exceptions. 8. Glazing in guards and railings regardless of the area or height above a walking surface. 9. Glazing in walls and fences enclosing indoor and outdoor swimming pools, hot tubs and spas where all of the following are present: 9.1 The bottom edges of the glazing on the pool or spa side is less than 60 inches above the walking surface. 9.2 The glazing is within 60 inches of the water's edge. 10. Glazing adjacent to stairways, landings and ramps within 36 inches horizontally of a walking surface when the glass is less than 60 inches above the plane of the walking surface. 11. Glazing adjacent to stairways within 60 inches horizontally of the bottom tread of a stairway in any direction when the exposed glass is less than 60 inches above the nose of the tread. See Exceptions. Page # 9 Code review for: Project Id.: Kum and Go Address: 001 Stone Quarry Road 5. Grab bars shall have a circular cross section with a diameter of 1 1/4 inch minimum and 2 inches maximum, or shall provide equivalent graspability. -- Sec. 609.2 The space between the wall and the grab bar shall be 1 1/2 inches. Sec. 609.3 Grab bars shall be mounted in a horizontal position 33 inches minimum and 36 inches maximum above the floor. -- Sec. 609.4 a. Side wall grab bars are required to start within 12 inches of the backwall and extend to 54 inches from the back wall. (The minimum length of the bar is 42 in) -- Sec. 604.5.1 b. The rear bar shall be 24 in long minimum, centered on the water closet. Where space permits, the bar shall be 36 in long minimum, with the additional length provided on the transfer side. -- Sec. 604.5.2 6. The top of the water closet seats shall be 17 to 19 inches above the floor. -- Sec. 604.4 7. Accessible urinals shall be of the stall type or wall hung with the rim at 17 inches maximum above the floor. -- Sec. 605.2 8. Accessible lavatories shall be mounted with the rim 34 inches maximum above the floor. -- Sec. 606.3 9. Sinks shall be 6 1/2 inches deep maximum. -- Sec. 606.5 10. Water supply and drain pipes under lavatories shall be insulated or otherwise treated to protect against contact. -- Sec. 606.6 11. Mirrors shall be mounted with the bottom edge of the reflecting surface 40 inches maximum above the floor. -- Sec. 603.3 ,C1-7,44,7 7(-44-bY71 /5 wn al�,p 744-c-- (3092 /c42(z_. 7z 030044 LP -4cSlruLy L4. ar RC/ 6a /ter ,c o- E 4J //s- 1,) a-mt &A.A.-v(1 C,1„0,k, sk-giv ti`s GRAND VALLEY FIRE PROTECTION DISTRICT 1777 S. BATTLEMENT PARKWAY PO BOX 295 PARACHUTE, CO 81635 (970) 285-9119, FAX (970) 285-9748 December 21, 2005 Jessica Ballou Due Diligence Manager Kum & Go, L.C. Real Estate Dept. 6400 Weston Parkway West Des Moines, IA 50266 Subject: Review of floor plan for store #906. Ms. Ballou, At first glance 1 do not see anything in the floor plan that you have provided that warrants a stop for further review request. I'm sure this facility will be built just as the preceding 905 stores have been. The Garfield County Commissioners have just recently adopted the 2003 International Building and Fire Codes. The Fire District is just in the process of out -sourcing all plan reviews to a third party reviewer. Because we do not currently have an engineer on retainer for such reviews and your company is eager to start construction and the plans do not indicate any code to which it was designed to meet, please send the Fire District a letter from your architect/engineer attesting to the fact that this floor plan, and the rest of the construction documents, meets the requirements of the 2003 IBC & IFC. Upon receipt of such attestation, the Grand Valley Fire Protection District has no objections for the granting of necessary permits to start construction. If you have any questions regarding this letter or review, I can be contacted by either email: gvfpd@sopris.net or by cell: 970-285-9119. I will be out of the office for the remainder of the holiday season and will return January 03, 2006. I will continue to check for phone and email messages. David A. Blair Fire Chief, GVFPD Cc: Nicole Venn Horst, CDPHE Andy Schwaller, Garfield County Building & Planning Dept. File • • DENNIS & MAGNANI STRUCTURAL CONSULTANTS, P.C. December 20, 2005 Mr. Jim Henry Shiffler Associates 317 6th Avenue Suite 1000 Des Moines, IA 50309 RE: Kum & Go Convenience Store #906 Battlement Mesa, Colorado DMSC No. 0507.32 Dear Jim; am writing to clarify the code requirements for this particular project. At the onset of this project, I was given a checklist for "Minimum Application Requirements For Construction Of Commercial Or Multi -family Residential Buildings" prepared by Garfield County Building and Planning. In that checklist references were made to the 1997 Uniform Building Code as the applicable code for this project. If you refer to the drawings that were originally submitted for permitting; on sheet SO under Design Criteria; the code listed is the 2000 International Building Code. I have subsequently been notified that the proper code for this project is the 2003 International Building Code. Note that I have reviewed my calculations and am stating that the structural design for this project does conform to the structural provisions of this particular code. Please call if you have questions concerning this correspondence or if I can provide you with additional i r`rf rm ati o n . Sincerely, Rand jl J1,,Magnan l, P.E. President Colorado P.E. No. 34840 RJM/Is Cc: Chris Lehrman E.I. Schmueser/Gordon/Meyer Engineers Surveyors 118 West 6th Street, Suite 200 Glenwood Springs, CO 81601 525 S.W. 5th Street, Suite D . Des Moines, IA 50309 (515) 243-5522 • Fax (515) 282-5829 SCHMUESER GORDON MEYER SCHMUESER GORDON MEYER, INC, 118 W. 6TH ST. SuITL 200 GLENWOOD SPRINGS CO 8 160 I (970) 945-1004 FAX (970) 945-5948 TO ANDY SCHWALLER Garfield County Building Department 108 8'" STREET, SUITE 201 GLENWOOD SPRINGS, CO 8 160 I OF TR xSIMILITTAL DATE: 12/21/05 JOB Na. 2004 - 238 ATTENTION: ANDY SCHWALLER RE: Kum & Go BUILDING PERMIT APPLICATION WE ARE SENDING YOU / / ATTACHED / / UNDER SEPARATE COVER VIA THE FOLLOWING ITEMS: / / SHOP DRAWINGS / / PRINTS / / PLANS / / SPECIFICATIONS / / CHANGE ORDER / X / OTHER NO. DATE COPIES DESCRIPTION. I 12/2 I /05 I LETTER FROM DENNIS & MAGNANI STRUCTURAL CONSULTANTS 2 12/2 ( /05 2 KUM AND Go ARCHITECTURAL PLANS 3 4 5 6 i4 t� 11 r E,i) DE2: 8 200 9 Gik.i <i.: �) co VTY BUil_Di14G & PUINr111AIr+ THESE ARE TRANSMITTED AS CHECKED BELOW: / X / FOR APPROVAL / / FOR YOUR USE / / As REOUESTEO / / APPROVED AS SUBMITTED / / APPROVED AS NOTED / / RETURNED FOR CORRECTIONS / / RETURN CORRECTED PRINTS / / RESUBMIT COPIES FOR APPROVAL / / SUBMIT COPIES FOR DISTRIBUTION / / FOR REVIEW AND COMMENT / / / / FOR BIOS DUE REMARKS HAND DELIVERY / / PRINTS RETURNED AFTER LOAN TO US CORY TO: SIGNED: Chris Lehrman WEST SLOPE TESTING & INSPECTION 3177 Glendam Dr Grand Junction, CO 81504 Phone: 970-434-6988 Cell: 970-260-2844 4-14-06 Page 1 of 1 Andrew Schwaller Garfield County Building Official 108 8th St., Suite 401 Glenwood Springs, CO 81601 Please find enclosed copies of special inspection reports for Battlement Mesa Cum & Go. Thank You; Doug Young RECEIVED APR 1 7 2006 GARFIELD COUNTY BUILDING & PLANNING West Slope Testing & Inspection 3177 Giendam Dr. Grand Junction, CO 81504 Phone: 970-434-6988 Cell: 970-260-2844 Inspection Report Report #1 Page 1 of 1 Date: 4-5-06 Project: Cum & Go Battlement Mesa, CO Address: 001 Stone Quarry Rd. Battlement Mesa, CO Building Permit No.: 9794 General Contractor: Henning Construction Inspection of shop fabrication or field work at job site: Field Report: Visually inspected most of the field welding that was visible at the bar joists, metal studs, and deck support angle to metal studs. Also visually inspected most of the shop & field welding & high strength bolting at the steel columns & tube steel header beams & connections. The welding & high strength bolting inspected above appeared to be in general conformance with the drawings and code requirements except as noted below. 1) The welding at the roof deck support angles to the metal studs did not appear to be as shown on the structural drawings (detail 1 on S2). 2) Some of the horizontal blocking/bridging needed to be installed and/or welded/fastened at the metal stud walls. 3) It appeared that some of the welding at the double studs needed completed and/or repaired (slag inclusions). 4) It appeared that some additional welding needed to be performed at a few of the bar joist to metal stud wall connections. The contractor was made aware of the above discrepancies. QC Inspector/Technician: Douglas E Young West Slope Testing & Inspection 3177 Glendam Dr. Grand Junction, CO 81504 Phone: 970-434-6988 Cell: 970-260-2844 Inspection Report Report #2 Page 1 of 1 Date: 4-10-06 Project: Cum & Go Battlement Mesa, CO Address: 001 Stone Quarry Rd. Battlement Mesa, CO Building Permit No.: 9794 General Contractor: Henning Construction Inspection of shop fabrication or field work at job site: Field Report: Reinspected the welding at the discrepancies noted in report #1. The welding reinspected above appeared to be in general conformance with the drawings and code requirements except as noted below. 1) Some of the horizontal blocking/bridging still needed to be installed and/or welded at the metal stud walls. The contractor was made aware of the above discrepancy. Inspector/Technician: Douglas E Young West Slope Testing & Inspection 3177 Glendam Dr. Grand Junction, CO 81504 Phone: 970-434-6988 Cell: 970-260-2844 Final Inspection Report Report #3 Page 1 of I Date: 4-12-06 Project: Cum & Go Battlement Mesa, CO Address: 001 Stone Quarry Rd. Battlement Mesa, CO Building Permit No.: 9794 General Contractor: Henning Construction Inspection of shop fabrication or field work at job site: Field Report: Reinspected the welding at the discrepancy noted in report #2. The welding reinspected above appeared to be in general conformance with the drawings and code requirements. To the best of my knowledge this completes the special inspection of the structural welding & high strength bolting as described in inspection reports 1 thru 3. Inspector/Technician: Douglas E Young Hrky, Ola To: Lori Miller :,222?= �r Fart: 515-223-1606 From: Nicole Cerishem pate: 4/4/2006 Re: Voluntary Closure and License App Paga$: 3 CC: x Urgent in For Review C1 Please Comment 0 Rowe Rapti 0 Remo Recyr3e • tly a �:� �',�■ `: �loE�eiTGr�r Lori, 'P1aii"s°1"nidihe attached documents, Please l'ax the Voluntary Closure Air :ement I1L'...:1 1 ilj fe-r;i0ttentinn. The Retail Fnocf License Application can be deposit rd ire the mail with the pnytii'apt for s154. ifyotw have any questions lecl lice to call me at 303.652.3626. L i jSnicrcly, • • s • • t Nicole art sham Lori Miller From: Dana Sump Sent: Monday, April 03, 2006 10:27 AM To: Perry DePhillips Cc: Lori Miller Subject: RE: 906 Ok That should not be a problem. From: Perry DePhillips Sent; Monday, April 03, 2006 10:00 AM To: Dana Sump Subject: 906 Pa c; 1 tai i Lori Miller has stated that we cannot have a health dept inspect on our requested date for open at 906. But, we can sign a closure notice stating we would close if necessary if we don't meet the pre determined requirements for operation when the actual inspection is done, which would occur a few days after opening. She will send you a form to sign when it arrives. Please furnish me a signed copy. Thanks, Pay DePQ Director of New Construction Kum & Co, L.C. 6400 Westown Pkwy. W. Des Moines, IA 50266 Ph: 515-457-6265 Fax: 515-226-1595, Attn. Perry pjd ©kumandgo.com 4/11/2006 Colorado Department of Public Health and Environment Attn Nicole Grisham 4300 Cherry Creek Drive Denver, CO. 80246 Nicole Please find the Voluntary Closure Agreement for our new store #906 Iocated at 0010 Stone Quarry Rd. Parachute CO. The opening date has been moved back to May 26, 2006 instead of May 12. I assume that this will still be necessary as you said you planned to be in town the week of the 15 and we would not be ready for inspection at that time. The original and the application are in the mail. If there is anything else I can supply please let me know. Thank You Sincerely Lori Miller Licensing Department Kum & Go, L.C. 6400 Westown Parkway West Des Moines Ia. 50266 Phone (515) 457-6164 Fax (515) 223-1606 lam @kurn.andgo.com STATE OF CC)LOPADO Bit Owens, Governor Dennis E. EIiia. Executive director Dadoetad to protecting and improving the hearth and environment at the peopia or Colorado 4300 Chen y C reek 0 r, 5, Denver, Colorado 80246.1530 Phone (36;3) 692.2000 TbD Lime (303) 6947700 Located In Glendale, Colorado http:lwww. cdph e.8 tate.Co. us April 4, 20O6 Laboratory Services t3lvielon 8100 Lowry 81vd. Denver, Colorado 80230.6928 {303)842 -soon Kuni & Go LC. Attention; Ms. Lori Miller OO1 t7 Stone Quarry Road Parachute, CO 81635 Colorado Department of Public Health and Environment VOLUNTARY CLOSURE &QREEIV1EN7: i, Lori Miller, owner andlor operator of the Kum & Go L.C. in Parachute, Colorado, do hereby agree to voluntarily close the above-named facility if, upon the first inspection by the Colorado Department of Public Health and Environment, any items are found to be in violation of -the Colorado Retail Food Establishment Rules and Regulations. The facility shaft then remain closed ur til those items of significance to public health are corrected and approval to re -open is obtained from the Colorado Department of Public Health and Environment. Date CDPH&E Representative ltclaiI Ica, i4'lan ltprnvat & Val,mtary ('isWuit t.crluneq aelic1<HKunti&C+',r'araufiuru,Vf",OjiU.1fM,_ng.il. Date p �,aui ht stcoliect STATE T COU TY IRYRR'flT '.. ev€ taxes tor' COLOR'ADD PARACHUTE GARFIELD o�uvm cn--^aYn3 ems : USE ACCOUNT NUMBER LIABILITY INFORM' ATIOF -. .SALES TAX I _ for all references 1rwrtv ' I 1 pro I '(7.,!;11! apefi LICENSE, 12-40424-0017 124018 8 06l'+ t�SUt=�i ENSE VALID? ECBER 3t THIS LICENSE MUST RE POSTED AT THE FOLLOWING LOCATION IN A CONSPICUOUS PLACE; 11111dIlll„II11113IIIIII6IIfIIIIP1101I111111111111111111I1I KUM & GO LLC 64`00. WESTOW.N PKWY WEST DES MION1-ES - IA 50266-7709 0010 STONE QUA. PARACHUTE CO: L„ A DETACH HERE A THISLICI E ONOT TRANSFFF4AB • Executive Directof Department of Revenue IMPORTANT NOTICE from the Colorado Department of Revenue Please VERIFY that all information on your new sales license is correct. You can notify the Department of errors by calling (303) 238 -SERV (7378), by e-mail at Customer Support on our web site www_taxcoloradocom or by writing to: Colorado Department of Revenue Denver CO 80261-0013 Preprinted forms will be mailed within six weeks. Tax reporting and payment are your responsibility whether or not you receive your returns before the filing deadline. Blank tax forms can be obtained from our web site wwww_taxco/orado_com or by calling (303) 238 -FAST (3278). In order to avoid late penalties and interest, returns must be POSTMARKED on or before the due date. You must notify the Department if you discontinue sales at this location IMPORTANT INFORMATION ABOUT YOUR LICENSE Colorado law requires that you file the required sales tax returns even when you have no retail sales activity. If you do not file the required sales tax returns, the Department will automatically close your account and this license will no longer be valid. NEW AUTOMATED SERVICES FOR AND ABOUT BUSINESSES The Colorado Department of Revenue Sales Tax Information System provides the following automated services: * Colorado Sales Tax rates -- find specific city, county and special district rates, * Verification of Sales Tax License and Exemption Numbers - determine whether a Colorado sales tax license or exemption certificate is valid. * Tax Rates by Account Number - find sales tax rates and locations for specific sales tax accounts. The new system is online at www_ tax view.state_co_us or by phone at (303) 238 -FAST (3278). For general information visit www_taxcolorado_com or call (303)..38 -SERV {7378)_ ,. SERVICE CENTER LOCATIONS: DENVER SERVICE CENTER 1.375 SherrnanStreet Denver CO 80261 COLORADO SPRINGS REGIONAL SERVICE CENTER 4420 Austin Bluffs Parkway Colorado Spr!ngsCO 80918 =ORT COLLINS REGIONAL SEIRVICECENTER 2 1 'N. Prospect Rd..3uiidingD cart Coilins C080526 GRAND JUNCTION SERVICE CENTER 222 S. Sixth Street. Room 208 Grand Junction CO 81501 PUEBLO SERVICE CENTER 310 E. Abrlendo Avenue, Suite A4 ?uebto CO 81004 a ur fosrgst tiF ST ? T i ORAE Q DEPAI TMENT ?F PUB#�tC HEALTH AND ENVI ONM 4 F " LI ENSE TD:' O RAPE ''R i' It FOOD LJSE ACCOUNT NUh/]E3ER LIABILITY INFORMATfa for all references 154,00 12-40424-0017 24 018 THS LICENSE MUST BE POSTED AT THE FOLLOWING LOCATION: 1111111111111I11€Ilr.J1ta1ulll111f1I111I€Irrllllif I1i1Iut1I :vs pe PARACHUTE KUM &..GOI LI:C 64'00 Ih{E5TOW� PKWY ' I WEST. IBES MO:NI ES A • 50266-.7709. �f��s cer�rfias that license � CO ft authorizeriand licenseat, sP.irtess:irt acc.ordan. p � 010 iqR q. tt awl.and r 1WQ e s u the trnento ndEntrtg, y z s ei tatjeill rtra_U-41rtal vt LiD TO R31 ot} eon e.in he of iealth virr 11-...:. SNIKI iNSi IMOUS Pt ACE DETACH HERE NEW AUTOMATED SERVICES FOR AND ABOUT BUSINESSES The Colorado Department of Revenue Saies Tax information System provides the following automated services: * Colorado Sales Tax Rates - find specific city, county and seecial district rates. * Verification of Sales Tax License Exemption Numbers - determine whether a Colorado sales tax license or exemption certificate is valid. * Tax Rates by Account Number - find sales tax rates and locations for specific sales tax accounts. These services make it possible for taxpayers to help themselves to information 24 hoursa day - without requiring the assistance of a customer service representative. In this way, more complicated or confidential tax information inquiries can be reserved for speaking to a agent. Listen and look for these services on the department's business tax information phone line at 303 -238 -FAST (3278) for specific account information. Call 303 -238 -SERV (7378) for general information OR visit the DOR Web site at www.texcotorado.com Web users can try the system online at www.taxview.state.co.us We are interested in your comments about the system. You can send us an e-mail with your comments through our Department of Revenue Web site. DR 14E5 109f03) COLORADO DEPARTMENT OF REVENUE DENVER CO 80281.00t3 Computation Worksheet for Sales Tax Deduction for Gas and/or Electricity Use in Food Service Establishments Either method 1 or 2 may be used if sales of processed food exceed 25%of your total business sales. Sales Tax Account No. Method 2 must be used if sales of processed food does not exceed 25% of your total business sales. I Year METHOD 1 METHOD 2 1. Monthly cost of gas and electricity used for restaurant operation minus sales tax: January May September February June 'October March uLy November April ,august December 2, Totai cost of gas & electricity usedfor year. 3. Amount on line 2 x.55 = Deduction frorntaxable sales to be entered on line 7 under "Other Deductions" of Sales Tax Return (DR 0100). 1. Total sales for year (do not include room sales for hotels, motels, etc.) 2. Processed food sales for immediate consumption made during the calendar year minus liquor sales: 3. Amount on line 2 .<.005 = Deduction from taxable sales to be entered on reverse side of Sales Tax Return (DR 0100), !ine 7. TYPE OF RETURN Monthly Quarterly Seasonal DUE �ebruary ADM Submit with season's iast return i ;ATTACH THIS COPYTO SALES TAX RETURN 0R 0100) OCK)2 (091277041 coLdR rio otEPAR73*tot tgustx NEA.'n$ A140 ettemON140,NT cierivER 00 9020.1030 RETAIL FOOD ESTABLISHMENT LICENSE APPLICATION FOR CALENDAR YEAR 19 ji2mTtesa�cs This application wOl be rejected unless all questions are fully answered, proper remittance Bisalt t Depeetmerd Apptivai G attached, and Health Department appraval is obtained. intake remittence payable to; TYpe at Qwuership CI Mdvidual 0 Ce•PerplershlpIC0lnpMny ❑ Corporation 0 AJaaefeson Ce� be Ise tied Ma (;Sff0(0l(agalname alcorparaddr,hrceiduaJmyna( grafts of�aJpontar) /V �f•~(nemosaraccordawlatldif nitortroraar40pOrldorlrJ100..1 Trisfe,Name FEIN NUrtiber/S5,014SacurtNi Number WowsLov8lad at Nemo soul mum ab, owe,and SJP code) 1 Phan J Number lR whlgtismaineett Is arelediy fowled ng Address {lrorlAemnrfawn /aeseaerr above) oAy,araee, andWP ao4tsJ Oil �st(arted business i7 H seasonal, merit »n L7 JAN CI MAR 0 MAY ) JULY 0 SEPT 0 NOY o/ builnaas month. p FSB 0 APR 0 JUNE ] AUG 0 OCT 0 DEC Ara you liable for raporsnq elate riles feel �1 If yes, do you have a Door. al Revenue Salsa 1 ax Account Number? 0 Yea 0 No l! YESAcCount JJ r-7�-�7 line, pave the name and address (account number, It pas 56(0} of the Individual or limn responsible for pay w* 9t es 0 No liquor? as L1 No Gamin 1? © Yea 0 f4 aqP3a�tsa Taat,ggwpum et NUenb ei /OLJo /.�JLf—QQJ7 In consideration thereof, l do hereby ow* Ilial 1 -have compiled with all items of sanitation wasted In the Calarad4 Retail FoodEatebilshment Code, and thata1mrlcomp ed with rig ordersgivenmebyauthorized inspectors r theColoradoDepartmentofPublicHuthanitEnvironmentortoaalbowt'dofhealth. 1 do hereby ag J that In the event that the'term of mediation are not complied with, i will discontinue serving food Mauch time as requirements are met. rima and address al Grevia(te awns ,46....issr No fee License (School, Charitable, Penal Institution, Church, Mao (3273 750) . Gums 0.100 Seats (3274 °bile Unit ................. ............. ....,.....,(3269 754) ..9954.00 Temporary/Specie( Event Establishment (3751 750) .. $1 54.041 Restaurant 101.200 5sats (2275 750) ..9175.00 El Restaurant Over 200 Sew (3276 750) ., 5189,00 Q Grocery Stare 0.3,000 Sq Ft (3277 750) ,...$55.00 Mob(le Unit (Prepackaged Foods) • (3282 750) ...- $.55.00 0 Temporary/Spacial Event Estslb(Dnmant (Prepactcaged Foods) (3293 750) ..,.355,00 j Grocery Store 3,001 -10,000 Sq Ft (3275 150) .3100.00 ® Grocery Store 10,001 •20,000 Sq Ft (9279 750) ..3115.00 Health C. 'Pape177/ y artment Use On Groovy Store 24,001 - 40.100 sq FI . _ (2280 750) .. $138.00 Grocery Stora 40,001 •70, 700 Sq Ft ...... (3281 750) .. $175.00 ❑ Grocery Store Over70,00C Sq R. (3202 750) ..9250.00 Grocery vt'Dell 0-3,000 Sq Ft (3283 730) ..$138.00 Gamely*Dell 3,001-10,190 Sq FI ,(3284 754) ..3225.00 Q Grocery WOO 10,001.20 000 Sq Ft (3285 700) ..$24a00 Q Grocery WW1 20.001 -40 000 Sq Ft (3268 79(1) .3265.00 Gnacany wadi 40.001 •70 000 Sq Ft (3287 750) .. $300.00 [] Grocery w1Doll over 70.00( Sq Ft (3368 760) ..$383.00 (999) KUM & GO, LC. • 6400 Westown Parkway • West Des Moines, IA. 50266 CHECK NO. 256752 DATE I LOCATION REFERENCE GROSS AMOUNT DISCOUNT NET AMOUNT 04/11/2006 0906 FOOD 06 154.00 0.00 154.00 0906 *Loc Total 154.00 0.00 154.00 [ * Total Check * 154.00 0.00 154.00 Vendor Number Q 0 P" P •TH S TRU ATEIWARK G Akd R P DISI FIBERs, A 4D 1 .NEC I Al. RECTIVE 35887 6400 M/pstowl Parkway,' West"Desi pules. IA 54266: TO:, :mE ORDER OF 'COLOPDO `: DEPT'' OF u•256752" 1:0719230x21: 559007105511' AUT33*NATURE KIM! & GO, L.G. • 6400 Westown Parkway • West Des Moines, IA, 50266 CHECK NO. 256752 DATE F' LOCATION 1 REFERENCE i GROSS AMOUNT 1 D1SCQUNT NET AMOUNT 04/11/2006 0906 FOOD 06 154.00 0.00 154.00 0906 *Loc Total 154.00 0.00 154.00 * Total Check * 154.00 0.00 154.00 Vendor Number A • ER HAT HA TRUE WATERMARK., GR EIS AN4 4 E' V4 BL... F.SE. S,'.AttrI'!S: CHEM1CA4:: 4E GTIVE X P Parkkway Maines. IA 50266 35887 Vit. iASAILE EANst Jv A '97=2302 ` O 4,I,L "0:*... 5 7 Chicago thiroi$ fi0503 ��° DAT .„ ... •UME.: PAY FJCi1GTl,Y CHECK AMC�NT"'... **-**.****1$4 bra ,. p ii Od Centr *****q 54 00 1I. 25675 21I" t.07 19 230 2 21: S 59130 7 10 5 511` Feb.10. 2006 4:52PM S1HUCIUHAL COMMULIAN1 P.C. A. DENNIS i& NIAGNANI STRUCTURAL CONSULTANTS, P.C. FAX COVER SHEET DATE: „2. OCR TO: FROM: Randy J. Magnani RE: .!L 4 PHONE: 0.3, 4.2 NO./U46 F. 1 FAX: X53 C)O 42 Ir! C-6 CC: JOB # OI r 1.3Z. { Huey; —��� �A4-off Number of pages including cover. sheet: 3j MESSAGE �/�[�i �-�" f` �'\ -Cr; c 1 "� - 1r3S It This telecopy transmission contains confidential information belonging to the sender that may be legally privileged. The information is intended only for the use of the recipient named above. If you are not the intended recipient, you are, hereby, notified that any disclosure, copying or distribution of this telecopled information is strictly prohibited. if you have received this teiecopy in error, please notify us immediately by telephone to arrange for return of the original documents to us at our expense. 525 S.W. 5th Street, Suite D ■ Des Moines, IA 50309 (515) 243-5522 . Fax (515) 282-5829 Feb.10. 2006 4:53PM STRUCTURAL CONSULTANTS P.C. No.1U4ti P. PROJECT+ twq-c€,,..wteac- T. of S - 1 5L?&)ECTi DE.3JGPI &Y, DATE. N � mie - pm -0,o .- �4oti-d' 3 - 415 Ems 44J<> Ore4 a oNsD T3 1Lt st STRUCTURAL CONSULTANTS P, C. iii iii ] . 42 -•FR22 Feb.10. 2006 4 53P STRUCTURAL CONSULTANTS P.C. PROJECT' No./048 P. 3 SUBJECT' DESIGN 87+ co DATE+ 5 114 C31► -.4 STRUCTURAL CONSULTANTS P. C, (611 i ) 24.9-5522 ,moo rcM Page 1 of 1 David Blair, Chief, Grand Valley Fire Protection Dist. From: "David Blair, Chief, Grand Valley Fire Protection Dist." <gvfpd@sopris.net> To: "Andy Schwaller" <aschwaller@garfield-county.com> Sent: Monday, May 22, 2006 7:51 AM Subject: Kum -N -Go, Battlement Mesa Andy, I came into the office this morning and found a note that the Kum -N -Go is seeking an inspection this morning from your office (Dave Mead is to do the inspection). The crew was asked to come down and do the inspection last Friday. They found no problems with the facility and recommend you sign off any portion we may be responsible for. The only systems they have were detection and fire extinguishers. If you or Dave have any questions, give me a call. David A. Blair Fire Chief, GVFP 970-285-9119 5/22/2006 SCHMUESER GORDON MEYER SCHMUESER GORDON MEYER, INC. I 1 8 W. 6TH ST. SUITE 200 GLENWOOD SPRINGS CO 8 1601 (970) 945- 1004 FAX (970) 945-5948 TO ANDY SCHWALLER Garfield County Building Department 108 8r" STREET, SUITE 201 GLENWOOD SPRINGS, CO 8 1601 ANSM 19TAL DATE: 11/10/05 JOB No. 2004 - 238 ATTENTION: ANDY SCHWALLER RE: KUM & Go BUILDING PERMIT APPLICATION WE ARE SENDING YOU / / ATTACHED / / UNDER SEPARATE COVER VIA THE FOLLOWING ITEMS: / SHOP DRAWINGS / / PRINTS / / PLANS / / SPECIFICATIONS / / CHANGE ORDER / X / OTHER NO. DATE COPIES DESCRIPTION I 1 I/ 1 0/05 I COVER LETTER 2 1 I / 10/05 1 BUILDING PERMIT APPLICATION & APPLICATION CHECKLIST 3 1/ 10/05 I CHECK POR $ I , 177.38 — BUILDING APPLICATION FEE 4 1 1 /1 0/05 2 KUM AND Go BUILDING PLAN SET 5 1 1 / 10/05 2 KUM AND GO BUILDING PLAN CALCULATIONS 6 1 1 /10/05 2 KUM AND Go SITE PLAN SET 7 1 I / 1 0/05 I DRIVEWAY ACCESS PERMITS b, LEITER TO JAKE MALL 8 1 1 /10/05 I LEASE BETWEEN KUM AND GO AND BATTLEMENT MESA PARTNERS 9 1 1/10/05 I SIGN APPLICATION & SION PLAN THESE ARE TRANSMITTED AS CHECKED BELOW: / X / FOR APPROVAL / / FOR YOUR USE / / As REQUESTED / / FOR REVIEW AND COMMENT / / FOR BIDS DUE / / APPROVED A5 SUBMITTED / / APPROVED A5 NOTED / / RESUBMIT COPIES FOR APPROVAL / / SUBMIT COPIES FOR DISTRIBUTION / / RETURNED FOR CORRECTIONS / / RETURN CORRECTED PRINTS REMARKS HAND DELIVERY / / PRINTS RETURNED AFTER LOAN TO U5 COPY TO: SIGNED: Chris Lehrman 6 SCHMUESER GORDON MEYER ENGINEERS SURVEYORS November 10, 2005 Mr. Andy Schwaller Garfield County Building Department 108 8th Street, Suite 201 Glenwood Springs CO 81601 1 18 W. 6TH, SUITE 200 GLENWOOD SPRINGS, CO 81601 970-945-1004 FX: 970-945-5948 P.O. BOX 2155 ASPEN, CO 8 I61 2 970-925-6727 FX: 870-925-4157 RE: Kum and Go — Battlement Mesa - Building Permit Application Dear Andy: P.O. BOX 3088 CRESTEp BUTTE, CO 81 224 970-349-5355 FX: 970-349-5358 Enclosed is our building permit application, sign permit application and all of the supporting documentation required. A couple items that need to be explained are the access permit and the lease. The access permit enclosed has already expired due to the fact that access permits are only issued for 30 days. Enclosed you will also find a letter from Debbie Duley (SGM) to Jake Mall (Road and Bridge Dept.) dated October 26, 2005 requesting an extension to the issued permit; this letter was responded to verbally from Jake Mall granting the request to extend the permit until May 2006. Secondly, you will find an enclosed copy of the lease between Kum and Go and Battlement Mesa Partners. This lease is required because Battlement Mesa Partners is in the process of a PUD application for the entire lot of 60 acres; which this station is a part of. This PUD will be final platted before January 2006. If you have any questions, please call. Sincerely, SCHMUESER GORDON MEYER, INC. Chris Lehrman, E.I. Design Engineer Enclosures: Check, Building Permit Application, Application Checklist, Letter to Jake Mall, Access Permit, Lease, Sign Permit Application, Sign Plan, Building Plans, Building Calculations, Site Plans Cc: Neil Broderick (w/out enclosures) — Kum and Go Debbie Duley (w/out enclosures) - SGM Garfield County Assessor Property Search Page 1 of 2 Garfield Coun Giorado Property Information Assessor Treasurer Data Updated quarterly with the last update released on 10/13/2005 Tax information is updated as of noon each Friday and will be available for viewing by 5 pm the following Monday. Search > Resuits > Detail Get Map Owner Name: Battlement Mesa Partners Type: Primary Address: Po Box 6000 Btlmt Mesa, CO 81636-6000 Property Address: Parachute, CO Account number: R770004 Parcel number: 240717200002 Sub -division: Condo: Neighborhood: 661006.5 Area: 080 Legal: SECT,TWN,RNG:17-7-95 DESC: ATR IN THE NW 1/4 PRE:R400002 BK:0735 PG:0142 BK:0601 PG:0658 BK:1668 PG:443 RECPT:669853 BK:0769 PG:0518 Actual Value Land: $190,820.00 Building: $0.00 Total: $190,820.00 Assessed Value Land: $55,340.00 Building: $0.00 Total: $55,340.00 Taxes Updated on: 11/10/2005 http://www.mitchandco.com/realestate/garfield/propertyDisplay.cfm?AccountNo=R770004 11/14/2005 Garfield County Assessor Property Search Page 2 of 2 Land 2004 taxes payable in 2005: $562,66 Amount Paid: $562.66 Land size: Square feet: Acres: 31.68 Buildings No items found. Extra Features No items found. Copyright, 2003 Mitchell & Company, Inc. All Rights Reserved. http://www.mitchandco.com/realestate/garfield/propertyDisplay.cfm?AccountNo=R770004 11/14/2005 SCHMUESER GORDON MEYER ENGINEERS SURVEYORSS October 26, 2005 Jake Mall Garfield County Road And Bridge Department P.O. Box 426 Rifle, CO 81650 GLENWOOD SPRINGS ASPEN CRESTED BUTTE 1.18 W. 6TH, SUITE 200 P.O. BOX 2155 P.O. BOX 3088 GLENWOOD SPRINGS, CO 81601 ASPEN, CO 81612 CRESTED BUTTE, CO 81 224 970-945.1004 570-925-6727 970-345-5355 FX. 970.945-5948 FX; 970-925-4157 FX: 970-349-5358 RE: Access Permit #GRB05-1D-98 and Permit #GRB05-D-97 Dear Mr. Mall, The above access permits were issued on October 6, 2005 with an expiration date of 30 days. The Garfield County Building Department requires that a driveway permit be obtained prior to applying for a building permit. However, the building permit review takes longer than the 30 days allowed for in the driveway permit. It is not practical to be able to construct the driveway in the allotted 30 days. I would like to request that the driveway permits be extended until May, 2006. I recognize that there are restrictions against construction within the County right of way during the winter months. This extension would allow the driveways to be constructed during the spring of 2006 when weather conditions allow. Thank you for consideration of this matter. Sincerely, Schmueser Gordon Meyer, Inc. Debbie Duley, Project Manager Cc: Tom Beard, Battlement Mesa Partners Neil Broderick, Kum & Go Garfield County Building Department BATTLEMENT MESA #906 GROUND LEASE THIS LEASE is made and entered into on or as of the 5th day of August, 2005, by and between BATTLEMENT MESA PARTNERS, a Colorado general partnership (hereinafter the "Landlord") and KUM & GO, L.C., an Iowa limited liability company (hereinafter the "Tenant"); WITNESSETH: WHEREAS, Landlord, as Seller, and Tenant, as Buyer, entered into a Contract to Buy and Sell Real Estate dated February 8, 2005, for the sale and purchase of approximately six acres of unimproved real estate boundaried by Stone Quarry Road and West Battlement Parkway, Battlement Mesa, Colorado ("Purchase Agreement"); and WHEREAS, Tenant desires to construct a convenience store on a portion of the property being purchased pursuant to the Purchase Agreement; and WHEREAS, the property being purchased must be platted and obtain subdivision approval from the Board of County Commissioners of Garfield County, Colorado before it can be legally conveyed to Tenant; and WHEREAS, so that Tenant can commence construction and operation of its convenience store pending the closing, which is predicated on final subdivision and plat approval, the parties have agreed to enter into this lease, which covers the property being purchased by Tenant under the Purchase Agreement; NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, and for other good and valuable consideration, Landlord and Tenant agree as follows: ARTICLE I INCORPORATION OF RECITALS AND DEFINITIONS Section 1.01 Incorporation of Recitals. The Recitals set forth above are incorporated by this reference. Section 1.02 Definitions. All capitalized terms used and not otherwise defined in this Lease shall have the following meanings unless a different meaning clearly appears from the context: "Base Rent" means the rental obligation under this Lease as described in Section 3.01. "Closing Date" shall have the meaning ascribed to it in paragraph 22 b. of the Contract to Buy and Sell Real Estate dated February 8, 2005 between Landlord and Tenant and covering that real property which is the subject of this Ground Lease. "Effective Date" means the commencement date of the term of this Lease, which is August 15, 2005. August 5, 2005 ORIGINAL ' BATTLEMENT MESA #906 "Event(s) of Default" shall have the meaning ascribed to it in Article XIII. "Extended Term" shall have the meaning ascribed to it in Section 2.04. "Initial Term" shall have the meaning ascribed to it in Section 2.03, "Landlord" means Battlement Mesa Partners, a Colorado general partnership. "Lease" means this Ground Lease, as the same may be from time -to -time modified, amended or supplemented. "Personalty" shall have the meaning ascribed to it in Section 2.02. "Premises" means the real estate legally described as set forth in Section 2.01. "Right of First Refusal" shall have the meaning ascribed to it in Section 4,01. "Tenant" means Kum & Go, L.C., an Iowa limited liability company. "USTs" means underground storage tanks. ARTICLE II LEASED PREMISES AND TERM Section 2.01 Leased Premises. Landlord hereby demises and leases to Tenant, and Tenant does hereby lease and take from Landlord, the "Premises" legally described as follows, to -wit: Approximately six (6) acres of land boundaried by Stone Quarry Road and West Battlement Parkway, Battlement Mesa, Colorado (sometimes referred to as the "Cemetery Parcel"), which property will be more specifically described in a survey to be performed by the Seller and attached to this Lease as Exhibit "A" as soon as the survey is competed. together with all rights, easements and appurtenances thereto belonging. Section 2.02 Tenant's Property. Tenant shall be permitted to install, use on or about and remove at any time all trade fixtures and personal property used or intended for use in connection with the operation of the Store, including but not limited to: (i) all furniture, fixtures and equipment, including all appliances, food service equipment, coolers, refrigeration equipment and compressors; (ii) all shelving, racks, counters and signage; (iii) all tanks, lines, pumps and systems relating thereto; (iv) all canopies; and (v) all supplies and materials held for use or consumption (the "Personalty"). Landlord hereby waives any and all rights it may have to a contractual or statutory landlord's lien and disclaims any right it may have to a security interest under the Uniform Commercial Code in the Personalty. August 5, 2005 -2- BATTLEMENT MESA #906 Section 2.03 Term. The initial term of this Lease shall commence as of its Effecti ve Date and shall terminate at midnight on June 30, 2015 (the "Initial Term"). Notwithstanding the foregoing, this lease shall automatically terminate upon the earlier to occur of (i) the final closing under the Purchase Agreement or (ii) Tenant's inability, to be determined in Tenant's sole but reasonable discretion, to obtain the necessary building permit and other consents needed to construct and operate a convenience store on the Premises, unless any such consents are waived by Buyer in writing. In the event that Landlord, through no material fault of Tenant, is unable to convey legal title to the property being purchased under the Purchase Agreement on or before June 30, 2006, then Tenant shall make the following election by giving Landlord written notice of the following within thirty (30) days thereafter: (x) Tenant may elect to terminate this Lease and the Purchase Agreement or (y) Tenant may elect to terminate the Purchase Agreement and continue as a long-term Tenant under this Lease. Section 2.04 Renewal Option. Landlord hereby grants to Tenant the option to extend the term of this Lease for three (3) additional five (5) year periods (hereinafter said options are individually and collectively referred to as the "Extended Term") commencing when the prior term expires upon each of the following terms and conditions: A. Tenant gives Landlord written notice of the exercise of the option(s) not less than ninety (90) days prior to the expiration of the Initial Term, or an Extended Term, as the case may be; B. Tenant, at the exercise of said option, is not in material default under this Lease beyond any applicable grace periods; C. All of the terms and conditions of this Lease shall apply to the Extended Term; and D. Tenant shall pay the applicable Base Rent for the Extended Term. Section 2.05 Permitted Use. The Premises may be used for any legal purpose or purposes, including, but not limited to, a convenience store that sells liquor, gasoline, diesel fuel, and other petroleum products. ARTICLE BI BASE RENT Section 3.01 Base Rent. During the Initial Term and any Extended Term, Tenant shall pay to Landlord the following as monthly "Base Rent," to -wit: Initial Term Years Monthly Base Rent Ten (10) $4,165.43 August 5, 2005 -3- BATTLEMENT MESA #906 Any Base Rent paid by Tenant to Landlord shall be credited against the purchase price under the Purchase Agreement. First Extended Term Years Monthly Base Rent Five (5) $4,165.43 Second Extended Term Years Monthly Base Rent Five (5) Five (5) $5,000.00 J Third Extended Term Years , Monthly Base Rent Five (5) $5,750.00 There shall be no Base Rent due from the Effective Date through January 31, 2006. Base Rent shall be due and payable on the first day of every month commencing with the first day of February, 2006. Failure to pay Base Rent within 10 days of its due date shall constitute an Event of Default under this Lease. ARTICLE IV RIGHT OF FIRST REFUSAL Section 4.01 Right of First Refusal. In the event that the closing does not occur under the Purchase Agreement and. that Tenant elects to continue as a long-term tenant under this Lease, Landlord hereby grants to Tenant a right of first refusal with respect to the acquisition of the Premises during the entire term of this Lease (the "Right of First Refusal"). Upon Landlord's receipt of any such offer (or upon Landlord's desire to dispose of the Premises at a stated price), Landlord shall deliver to Tenant a written offer of sale for the Premises designating (i) the exact portion of or interest in the Premises to be sold; (ii) the name and address of the intended transferee if any; (iii) the total price to be paid for the Premises; and (iv) the manner, mode, and terms of purchase. Upon receipt of said offer, the Tenant shall within twenty (20) days notify Landlord in writing whether it desires to acquire the Premises in accordance with the terms set forth in the notice. If Tenant declines said offer or fails to timely exercise its rights with respect to said offer, then Tenant shall be deemed to have completely rejected said offer and the Premises may be sold by Landlord to any third party on the same terms for a total price equal to or greater than, but in no event less than, the total price set forth in the initial notice to Tenant at any time within a period of six (6) months after the expiration of the aforementioned twenty (20) day option period. It is acknowledged by Landlord, however, that any such sale or transfer by Landlord of its interest in the Premises shall be subject to this Lease, unless Tenant is the purchaser. Notwithstanding the foregoing, the terms and provisions of this Section shall not apply to any transfer by Landlord to August 5, 2005 -4- BATTLEMENT MESA #906 another entity owned or controlled by the principals of Landlord or Landlord's immediate family members, or transfers between the partners. ARTICLE V ADDITIONAL RENT: TAXES, UTILITIES AND INSURANCE Section 5.01 Real Estate Taxes. Tenant shall be responsible for and pay all real estate or personal property taxes levied or assessed against the Premises which would become delinquent if not paid during the term of this Lease; provided, however, that the foregoing shall not preclude Tenant from seeking administrative or judicial review of or relief from the amount, applicability, or constitutionality of any tax or tax statute relating to the taxation of the Premises. Section 5.02 Special Assessments. Tenant shall be responsible for and pay any special assessments levied or assessed against the Premises which would become delinquent if not paid during the term of this Lease; provided, however, that Tenant shall not be precluded from seeking administrative or judicial review of the amount, applicability or constitutionality of any special assessment relating to the Premises. Section 5.03 Utilities. Tenant, during the term of this Lease, shall pay, before delinquency, all charges for use of telephone, water, sewer, gas, heat, electricity, power, air conditioning, garbage disposal, and all other utilities and services of whatever kind and nature which may be used in or upon the Premises. Section 5.04 Insurance. Tenant shall procure, pay for, and maintain the insurance coverages described in this Lease. ARTICLE VI REPAIRS, IMPROVEMENTS AND FIXTURES Section 6.01 Repairs and Improvements. Except as otherwise provided in this Lease, Landlord shall not be required to make any repairs, replacements, or improvements of any kind on or to the Premises. Tenant, at its cost, may (but without any obligation to do so) construct such improvements and make such repairs, alterations and additional improvements to the Premises as Tenant may deem desirable for its use thereof provided that in each instance the market value thereof is not diminished, including, but not limited to, doing any one or more of the following: A. Altering or remodeling any building or improvements on the Premises; B. Constructing an addition or additions thereto; and C. Razing any building or improvement situated on the Premises and erecting in place thereof a new building or improvement. Tenant agrees that any improvements it makes to the Premises will be subject to the following August 5, 2005 -5- provisions; BATTLEMENT MESA #906 D. Approval of the Bafflement Mesa Architectural Committee; approval by Battlement Mesa Partners as to Screening the Premises from the adjacent residential development by the utilization of trees and the lighting to be utilized for the site of the convenience store as well as the balance of the Premises. Likewise, all improvements will have to comply with the Garfield County Building and Planning Department regulations as well as state law. E. Tenant acknowledges that Landlord's obligations with regard to improvements to the Premises are Iimited to the provision of Two curb cuts and the delivery of the utilities to the Premises. All other capital expenditures or expenses pertaining to the further development of the Premises including, but not limited to: tap fees, deceleration lanes and the like, will be the sole expense of the Tenant. F. Tenant acknowledges that in the event it requires any additional access points to the Premises, these additional access points will be subject to adjacent subdivision design and approval criterion. G. Tenant hereby acknowledges that it has been advised by Landlord and understands that the soils with the State of Colorado consists of both expansive soils and low-density soils. These soil conditions may result in movements of any foundation constructed on the Premises or otherwise result in damage to the structure or other parts of a building constructed on the Premises if those structures are not properly drained and maintained. Soils investigations and tests have been made in areas adjacent to the Premises by a local soils engineer. However, Landlord has not caused the Premises to be tested and therefore, Landlord does not warrant the suitability of the soil condition of the Premises for the Tenant's envisioned construction project. Tenant, for itself, its successors and assigns, accepts the soil conditions as well as all other conditions existing on the Premises AS IS, WHERE IS, WITH NO WARRANTIES EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. H. Tenant agrees that prior to commencement of any construction on the Premises it will cause its contractor to construct an appropriately placed silt fence to prevent soils from being carried from the Premises by storm water. Tenant agrees that it will not permit any mechanic's, materialmen's or other liens to stand against the Premises for work or materials furnished to Tenant in connection with any such alterations, remodeling, additions or new construction; provided, however, that Tenant may contest the validity of such Iien or claim, but upon final determination, Tenant shall immediately pay any judgment or decree rendered against Tenant, with all proper costs and charges and shall cause any such lien to be released of record without cost to Landlord. August 5, 2005 -6- BATTLEMENT MESA #906 Section 6.02 Installation and Removal of Fixtures, Paintings and Signs. Tenant may place or install on, in or about the Premises such fixtures and equipment as it shall deem desirable for the conduct of business. Tenant may paint the building improvements such colors as it may elect. Tenant shall have the exclusive right to paint and erect signs in and over the Premises. Personal property, fixtures and equipment used in the conduct of Tenant's business (as distinguished from fixtures and equipment used in connection with the operation and maintenance of the building improvements) placed on the Premises by Tenant or any predecessor of Tenant shall not become part of the realty even if nailed down or screwed or otherwise fastened to the Premises, and Tenant may remove any of said items at any time. Any damage caused by the removal of such property shall be repaired by Tenant at its expense. Section 6.03 Condition. Upon the expiration of the Lease term or its termination pursuant to the terms of this Lease, Tenant shall, upon the written request of Landlord, remove at its own expense, from the Premises all structures, machinery, equipment, materials, underground and above ground tanks and any other vestige of its occupancy of the Premises. This removal shall be accomplished within 120 days of the receipt of this notice by Tenant. Further, after the above removal has been accomplished, Tenant shall reclaim the Premises to that condition which existed prior to its tenancy of the Premises, including, but not limited to, the clean up and remediation of any underground or above ground tank locations on the Premises. ARTICLE VII INSURANCE Section 7.01 Property Insurance. From and after the Effective Date, Tenant agrees to procure and maintain with respect to the Premises standard property insurance covering losses included in the Insurance Services Broad Form Causes of Losses in an amount equal to one hundred percent (100%) of the insurable replacement value thereof (exclusive of the cost of excavations, footings below ground and foundations) and shall cause the Landlord to be named as an additional insured, with any such proceeds payable as respective interests may appear. Section 7.02 Liability Insurance. From and after the Effective Date, Tenant shall cause to be procured comprehensive general liability insurance with respect to the Premises in an amount not less than $2,000,000 per occurrence naming the Landlord as an additional insured. Section 7.03 Blanket Insurance. Tenant shall have the right to insure and maintain the insurance coverages required by this Lease under blanket insurance coverages covering other Premises so long as such blanket insurance policies specify a stated value for the Premises, comply with the amounts of insurance and the requirements provided hereunder. Section 7.04 Policy Terms. All policies of insurance procured by Tenant shall contain endorsements providing as follows: A. Such insurance may not be materially changed, amended or canceled with respect to Landlord except after twenty (20) days prior written notice from the insurance company to Landlord, sent by certified mail. August 5, 2005 -7- BATTLEMENT MESA #906 B. Tenant shall be solely responsible for the payment of all premiums under said policies and that Landlord or other parties required to be designated as named insureds or loss payees shall h ave no obligation for the payment thereof notwith- standing that such parties are named in said policies. C. Duly executed Certificates of Insurance, together with reasonably satisfactory evidence of payment of the premium thereof, shall be delivered to the Landlord with all renewals of such policies. Section 7.05 Waiver of Subrogation. Notwithstanding anything contained in this Lease to the contrary, each of Landlord and Tenant hereby waives all rights of recovery, claims, actions, or causes of action against the other for any loss or damage that may occur to the Premises, any improvements thereto, any personal property of Landlord or Tenant or any personal injury arising for any cause that (i) would be insured against under the terms of any insurance required to be carried hereunder; or (ii) is insured against under the terms of any insurance actually carried, regardless of whether it is required hereunder. The foregoing waiver shall apply regardless of the cause or origin of the claim, including but not limited to the negligence of a party or its agents, officers, employees or contractors. The foregoing waiver shall not apply to the extent that it invalidates any insurance coverage of Landlord or Tenant. Each party shall obtain any special endorsements required by its insurer to evidence compliance with this waiver. ARTICLE VIII BASIC INDEMNIFICATION AND ENVIRONMENTAL INDEMNIFICATION Section 8.01 Definitions. As used in this Lease, the following terms shall have the following meanings: "Damages" means any loss, cost, liability, claim, damage, fine, penalty, judgment, award, settlement, expense (including the cost of investigation and defense and reasonable attorneys' fees and expenses), whether or not involving a third party claim. "Environmental Law" means any Legal Requirement that requires or relates to (i) cleaning up pollutants or hazardous substances that have been released, preventing the threat of release or paying the costs of such cleanup, containment, remediation or prevention; (ii) making responsible parties pay private parties for bodily injury (including, but not limited to illness, disability, and death), personal injury, property damage (including trespass, nuisance, wrongful eviction, deprivation of use of real property or diminution in value thereof) resulting from the release of pollutants or hazardous substances or materials; (iii) making responsible parties pay private parties, or groups of them, for damages done to their health or the environment or permitting self-appointed representatives of the public interest to recover for injuries done to public assets resulting from the release of pollutants or hazardous substances or materials; (iv) advising appropriate authorities, employees or the public of intended or actual releases of pollutants or hazardous substances or materials, violations of discharge limits of other prohibitions and the commencement of activities, such as resource extraction or construction; (v) preventing or reducing to acceptable levels the August 5, 2005 -8- BATTLEMENT MESA #906 release of pollutants or hazardous substances or materials into the environment; (vi) reducing the quantities, preventing the release or minimizing the hazardous characteristics of wastes that are generated; (vii) protecting resources; and (viii) reducing to acceptable levels the risks inherent in the transportations of hazardous substances, pollutants, petroleum, oil or other potentially harmful substances. Without limiting the generality of the foregoing, the term "Environmental Law" shall include the: Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. Section 9601, et seq.; Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, et seq.; Federal Water Pollution Control Act, 33 U.S.C. Section 1251, et seq.; Clean Air Act, 42 U.S.C. Section 7401, et seq.; Toxic Substances Control Act, 15 U.S.C. Section 2601, et seq.; Safe Drinking Water Act, 42 U.S.C. Section 300; the Federal Insecticide, Fungicide and Rodenticide Act, 7 U.S.C. Section 136, et seq.; the Hazardous Materials Transportation Act, 49 U.S.C. 1801, et seq. "Environmental Liability(ies)" means any Damages, obligations or other responsibilities arising under any Environmental Law. "Landlord Indemnified Persons" means Landlord and its partners, directors, officers, agents, employees, insurers, shareholders, managers, members and affiliates. "Legal Requirement" means any federal, state, local, or municipal constitution, law, statute, ordinance, principle of common law, code, or regulation. "Tenant Indemnified Persons" means Tenant and its directors, officers, agents, employees, insurers, shareholders, managers, members and affiliates. Section 8.02 Basic Indemnification: Landlord to Tenant. Except for Environmental Liabilities (which are covered below), Landlord shall protect, indemnify and hold harmless the Tenant Indemnified Persons from and against: (i) any and all Damages and obligations of every kind and description, contingent or otherwise, arising from or related to the Premises prior to the Closing Date; and (ii) any and all Damages resulting from any misrepresentations, breach of any representa- tion, warranty or covenant, or nonfulfillment of any agreement on the part of Landlord under this Lease, or from any misrepresentation of or omission from any certificate or other instrument furnished by Landlord to Tenant pursuant to this Lease, or in connection with any transactions contemplated hereby. Section 8.03 Basic Indemnification: Tenant to Landlord. Except for Environmental Liabilities (which are covered below), and except as otherwise provided in this Lease, Tenant shall protect, indemnify and hold harmless the Landlord Indemnified Persons from and against: (i) any and all Damages and obligations of every kind and description, contingent or otherwise, arising from or related to the Premises on, or subsequent to, the Closing Date through the term of this Lease; and (ii) any and all Damages resulting from any misrepresentation, breach of representation, warranty or covenant, or nonfulfillment of any agreement on the part of Tenant under this Lease, or from any misrepresentation of or omission from any certificate or other instrument furnished by Tenant to Landlord pursuant to this Lease, or in connection with any of the transactions contemplated hereby. Section 8.04 Environmental Matters: Indemnification by Landlord. With respect to Environmental Liabilities, Landlord shall protect, indemnify and hold harmless the Tenant August 5, 2005 -9- BATTLEMENT MESA #906 Indemnified Persons, and shall reimburse the Tenant Indemnified Persons, for any Damages arising from or in connection with any Environmental Liabilities based upon conditions existing at the Premises at any time prior to the Closing Date. Section 8.05 Environmental Matters: Indemnification by Tenant. With respect to Environmental Liabilities, Tenant shall protect, indemnify and hold harmless the Landlord Indemnified Persons, and shall reimburse the Landlord Indemnified Persons, for any Damages arising from or in connection with any Environmental Liabilities based upon conditions first existing at the Premises resulting from a new occurrence on, or subsequent to, the Closing Date. ARTICLE IX ASSIGNMENT AND SUBLETTING Section 9.01 Assignment and Subletting. Tenant may assign this Lease or sublet the whole or any part of the Premises with the written consent of the Landlord, which consent will not be unreasonably withheld; provided, however, that any such assignment or sublease shall not release Tenant from the obligations of the Tenant under this Lease unless and then only to the extent the Landlord so consents in writing. ARTICLE X CASUALTY AND CONDEMNATION Section 10.01 Destruction. If the Premises shall be damaged or destroyed by fire or other casualty required to be insured under insurance policies, then, upon receipt of the insurance proceeds, Tenant shall promptly repair or restore the Premises to substantially the condition thereof immediately prior to such damage or destruction. However, if such damage or destruction cannot be reasonably repaired within sixty (60) days or if it occurs within the last two years of the Initial Term or any Extended Term, then Tenant, at its election, may elect not to rebuild. If Tenant elects not to rebuild, then this Lease shall terminate and Tenant shall be entitled to retain all insurance proceeds; provided, however, that Tenant shall have the obligation of leveling and removing all improvements and debris on the Premises at its expense. In the event of such a loss, this Lease shall remain in full force, but for each day that the Tenant is not able to operate its business on the Premises, a day shall be added to the end of the term wherein no Base Rent shall be due from Tenant to Landlord. Notwithstanding the foregoing, if any such damage is not reasonably repairable within one -hundred twenty (120) days, Tenant may elect to assign or pay over to Landlord all insurance proceeds payable as a result of said loss and terminate this Lease. Section 10.02 Condemnation. Should the whole or any part of the Premises be condemned or taken by a competent authority for any public or quasi -public use or purpose, each party shall be entitled to retain, as its own property, any award payable to it; provided, however, that in the event a single award is made on account of the condemnation, each party will then be entitled to take such portion of said award as may be fair and reasonable. In the event that any such taking materially August 5, 2005 -10- BATTLEMENT MESA #906 interferes with the normal operation of Tenant's business, Tenant shall have the right to terminate this Lease at its option. ARTICLE XI SUBORDINATION AND ATTORNMENT Section 11.01 Attornment. In the event of the sale or assignment of Landlord's interest in the Premises or in the event of exercise of the power of sale under any mortgage made by Landlord coveting the Premises, Tenant shall attorn to the purchaser and recognize such purchaser as Landlord under this Lease, provided said purchaser agrees to perform and be responsible for all of the obligations imposed upon Landlord in this Lease. Section 11.02 Subordination. This Lease and Tenant's interest hereunder shall be subject and subordinate at all times to any mortgage or other security instrument, including all renewals, extensions, consolidations, assignments and refinances of the same, as well as all advances made upon the security thereof, which now or hereafter become liens upon the Landlord's fee and/or leasehold interest in the Premises; provided, however, that in each such case, the holder of said mortgage or other security instrument shall agree that this Lease shall not be divested or in any way affected by foreclosure or other default proceedings under said mortgage or other security instrument, so long as Tenant shall not be in default under the terms of this Lease. ARTICLE XII LANDLORD'S COVENANTS AND PEACEFUL ENJOYMENT Section 12.01 Landlord's Covenants. Landlord covenants that it has good and marketable title to the Premises in fee simple absolute and that the Premises is not subject to any leases, tenancies, agreements, encumbrances, liens, restrictions, or defects in title adversely affecting the Premises or the rights granted Tenant in this Lease. Landlord covenants that Tenant shall at all times have ingress and egress to and from the Premises to a public street or highway. Section 12.02 Peaceful Enjoyment. Landlord covenants that upon Tenant paying the rent herein reserved and performing all agreements to be performed as provided in this Lease, Tenant shall peaceably have, hold and enjoy the Premises for the term of this Lease free from interference, eviction, or disturbance by the Landlord or any other persons or legal entity whatsoever. ARTICLE XIII EVENTS OF DEFAULT AND REMEDIES Section 13.01 Events of Default by Tenant. From the Effective Date of this Lease through and including its termination, the following shall constitute "Events of Default" by Tenant, to -wit: August 5, 2005 -11- BATTLEMENT MESA #906 A. Failure by Tenant to make any payment of Base Rent or any other monetary payment required to be made by Tenant hereunder, whether to Landlord or to a third party, as and when due. B. Failure by Tenant to provide Landlord with reasonable evidence of insurance required under this Lease. C. Any other material breach by Tenant of the terms, covenants, conditions, or provisions of this Lease. Section 13.02 Landlord's Remedies on Default. Whenever any Event of Default by Tenant occurs and is continuing, Landlord, as specified below, may take any one or more of the following actions after the giving of thirty (30) days' written notice by Landlord to Tenant (with the exception of the failure of the Tenant to pay rent which shall require a ten (10) day written notice), but only if the Event of Default has not been cured within said thirty (30) days (ten (10) days in the case of rent) or if the Event of Default cannot be cured within thirty (30) days and Tenant does not provide assurances reasonably satisfactory to Landlord that the Event of Default will be cured as soon as reasonably possible: A. Landlord may (but without any obligation to do so) cure such default and such expense shall be paid by Tenant to Landlord within ten (10) days after a statement therefor is rendered. B. Landlord shall have the right to (i) terminate this Lease upon the expiration of fifteen (15) days after written notice of such intent is given to Tenant, in which event the terms hereof shall expire and terminate with the same force and effect as though the date set forth in said notice were the dates originally set forth herein and fixed for the expiration of the term, (ii) re-enter the Premises either by force or •otherwise and dispossess Tenant and/or other occupants of the Premises, Tenant agreeing that no such re-entry or taking possession of the Premises by Landlord shall be construed as an election on Landlord's part to terminate this Lease, such right, however, being continuously reserved by Landlord or (iii) perform any obligation of Tenant under this Lease and charge the costs of such performance to Tenant and Tenant shall pay such costs to Landlord within ten (10) days after receipt of an invoice therefor. C. In the event Landlord elects to re-enter the Premises whether or not the Lease is terminated, Landlord may, but shall not be obligated to, make such alterations and repairs as may be necessary in order to relet the Premises, and relet said Premises or any part thereof for such term or terms (which may extend beyond the term of this Lease) and at such rental and upon such other terms and conditions as Landlord in its discretion may deem advisable. Upon each such reletting all rentals and other sums received by Landlord from such reletting shall be applied, first, to the payment of any indebtedness other than Base Rent due hereunder from Tenant to Landlord; second, to the payment of any costs and expenses of such reletting, including reasonable brokerage fees and attorneys' August 5, 2005 -12- BATTLEMENT MESA #906 fees and of costs of such alterations and repairs; third, to the payment of Base Rent and other charges due and unpaid hereunder; and the residue, if any, shall be held by Landlord and applied in payment of future Base Rent and other charges as the same may become due and payable hereunder. D. Should Landlord at any time terminate this Lease for any Event of Default, in addition to any other remedies it may have, it may recover from Tenant all damages it may incur by reason of such default, including the costs of recovering the Premises, reasonable attorneys' fees, and including the worth at the time of such termination of the excess, if any, of the amount of Base Rent reserved in this Lease for the remainder of the stated term over the then reasonable rental value of the Premises for the remainder of the stated term discounted to present value at the rate of five percent (5%) per annum, all of which amounts shall be immediately due and payable from Tenant to Landlord. E. Landlord acknowledges that it has a duty to mitigate its damages. Section 13.03 Events of Default by Landlord. From the Effective Date of this Lease through and including the expiration of its term, the following shall constitute "Events of Default" by the Landlord, to -wit: A. A breach of its covenant of peaceful enjoyment set forth in this Lease. B. Failure by Landlord to substantially observe or perform any covenant, condition, obligation or agreement on its part to be observed or performed under this Lease. Section 13.04 Tenant's Remedies on Default. Whenever any Event of Default by Landlord occurs and is continuing, Tenant, as described below, may take any one or more of the following actions after the giving of thirty (30) days' written notice by Tenant to Landlord, but only if the Event of Default has not been cured within said thirty (30) days or if the Event of Default cannot be cured within thirty (30) days and the Landlord does not provide assurances reasonably satisfactory to Tenant that the Event of Default will be cured as soon as reasonably possible: A. Tenant may (but without any obligation to do so) cure such default and such expense shall be paid by Landlord to Tenant within ten (10) days after a statement therefor is rendered. B. Tenant may terminate this Lease. C. Tenant may utilize any and all other remedies or actions at law or in equity available to it. August 5, 2005 -13- BATTLEMENT MESA #906 ARTICLE XIV MISCELLANEOUS Section 14.01 Holding Over. If Tenant holds over or remains in possession of the Premises after the expiration of the lease term, such holding over or continued possession shall, if rent is paid by Tenant and accepted by Landlord, be considered a month-to-month tenancy which may at any time be terminated by either party by giving the other party thirty (30) days' advance written notice. Section 14.02 Notices. Any notice, demand or other communication required or permitted by this instrument shall be given in writing and shall be deemed to have been given and received in all respects when personally delivered, when sent via prepaid overnight courier, when sent by facsimile transmission with confirmation of completion of the transmission, or three (3) days after deposited in the United States mail, certified mail, postage prepaid, return receipt requested, in each case addressed to the respective parties at their addresses (or facsimile numbers) set forth below; provided, however, that notice of change in address shall be effective only upon receipt of written notice thereof: IF TO LANDLORD: Thomas B. Beard Battlement Mesa Partners PO Box 6000 Parachute, CO 81635 With a copy to: Christopher L. Coyle Balcomb & Green, P. C. 818 Colorado Avenue Glenwood Springs, CO 81601 IF TO TENANT: Kyle J. Krause, Manager Kum & Go, L.C. 6400 Westown Parkway West Des Moines, IA 50266 TEL: (515) 457-6219 FAX: (515) 457-6179 With copy to: James J. Brandt, General Counsel Kum & Go, L.C. 6400 Westown Parkway West Des Moines, IA 50266 TEL: (515) 457-6269 FAX: (515) 457-6179 Section 14.03 Memorandum of Lease. The parties agree to execute and record a Memorandum of Lease to serve as notice to the public of the existence of the provisions of this Lease, and the rights and interest held by Landlord and Tenant by virtue thereof. Tenant shall pay all costs of recording. August 5, 2005 -14- BATTLEMENT MESA #906 Section 14.04 Counterparts. This Lease may be executed in any number of counterparts, each of which shall constitute one and the same instrument. Section 14.05 Titles and Captions. All captions and headings contained in this Lease are for convenience only and shall not be used in the interpretation or construction of this Lease. Section 14.06 Entire Agreement. This Lease, including all exhibits and schedules (if any) attached hereto, constitutes the entire agreement between the parties and supersedes any and all prior agreements between them relating to the subject matter hereof, and may not be amended except in writing signed by the party to be bound. Section 14.07 Governing Law. This Lease shall be governed and construed in accordance with the laws and public policies of the State of Colorado. Section 14.08 Binding. This Lease shall be binding upon, and inure to the benefit of, the parties hereto and their respective successors and assigns. IN WITNESS WHEREOF, the parties hereto have caused this Lease to be executed all on or as of the day and year first above written. BATTLEMENT MESA PARTNERS, a Colorado KUM & GO, L.C., an Iowa limited liability general partnership company By: Its: 17/40-741- August %%4,-745 August 5, 2005 By: Its: 1/.cc z LANDLORD TENANT -15- Dept of Labor & Employment — Division of Oil & Public Safety 633 17th St., Suite #500, Denver CO 80202 Phone 303.318-8505/8507 — Fax 303-318-8518 — E-mailoil.publicsafety@state.co.us — Web http:llops.cdle.state.co.us/ CERTIFICATE OF INSPECTION - UST SYSTEM INSTALLATION AND UPGRADE OFL ❑ OUP Fac ID# Facility name County Street Address City Zip Inspector Inspector Phone# Date Of Inspection Description Of Work: Type Of Facility: Gas Station 1 1 Bulk Plant [ 1 Commercial/Industrial 1 ] Airport [ 1 Government 1 ] Other [ J TANK INFORMATION Tank Material Codes ST: Cathodically Protected Steel FRP: Fiberglass Reinforced Plastic COMP: FRP/Steel Composite Tank JKT: Jacketed Steel Tank COSTIS Tank # New or Existing Tank Tank Material (Construction) Tank Wall Type Total Capacity (gals) Tank/Piping Wall Type Codes Compartmentalized Tank (YIN) Compartment Sizes S: Single Wall D: Double Wall Anchorage Method Codes Product (by compartment if app) Tank Manufacturer HP: Hold-down Pad (Concrete Slab) DM: Deadmen NONE: Overburden Only Overfill Prevention Method Codes BF: Ball Float Valve FV: Fill Tube Valve AL: External Audible/Visible Alarm Tank Corrosion Protection Codes FRP: Fiberglass Reinforced Plastic COMP: FRP/Steel Composite Tank JKT: Jacketed Steel Tank IC: Impressed Current System GV: Galvanic Anodes LN: Internally Lined LN+: Internally Lined * Cathodic Protection Tank Release Detection Method Codes T1: ATG .2/.1 gpb Monthly Monitoring 12: imerstinai Monitoring wi Sensor T3: Interstitial Monitoring w/out Sensor T4: SIR (Statistical Inventory Reconciliation) TS: Inventory Reconciliation + Precision Testing Tank Model (Envirovault, etc.) Serial # Manifolded Tank (Y/N) Anchorage Method Spill Containment Manufacturer Spill Containment Size (in gals) Overfill Prevention Method Overfill Prevention Manufacturer Tank Corrosion Protection Vapor Recovery Reqd (YIN) Vapor Recovery System Piping: Line Size: [ "1 Connection Size [ " ] Tank Release Detection Mthd. PIPING INFORMATION New or Existing Piping I Piping Type Piping System Piping Material Piping Type Piping Wall Type UG Piping Manufacturer AG: Aboveground UG: Underground NA: None Model (Pisces, Red Thread, etc.) Piping System Codes ALLD Type (UG piping) PR: Pressurized SU: Suction SS: Safe Suction GRAV: Gravity Feed NONE: No Delivery Piping UG Piping Connector -Tank UG Piping Connector-Disp