HomeMy WebLinkAbout1.12 Amended and Restated Declaration■III 1Va1U l Mfin iii :S{ik:IMIZRKIIi t 11111
Reception#: 935330
05/13/2020 02:23:07 PM Jean Alberico
1 of 39 Rec Fee:$203.00 Doc Fee:0.00 GARFIELD COUNTY CO
AMENDED AND RESTATED DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS
FOR
BIG R COMMERCIAL PARK
IN GARFIELD COUNTY, COLORADO
THIS AMENDED AND RESTATED DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICITIONS FOR BIG R COMMERCIAL PARK ("Amended
Declaration") shall be effective upon recordation and is made as of P&A,y el, 2&19;
by Big R Lot Owners Association, Inc., a Colorado nonprofit corporation (the `Association"):tea
RECITALS
A. The real property has been developed as a commercial subdivision known as Big
R Commercial Park Subdivision ("Subdivision"). The real property that constitutes the land
area of the Subdivision is described on Exhibit A attached hereto and incorporated herein by
this reference (the "Property").
B. The Subdivision was created pursuant to the Declaration of Covenants,
Conditions and Restrictions for Big R Commercial Park recorded November 7, 2007 at
Reception Number 736857, as amended by the First Amendment to Declaration of Covenants,
Conditions and Restrictions for Big R Commercial Park recorded on March 29, 2018 at
Reception 904866, in Garfield County, Colorado (collectively, the "Original Declaration").
C. The Original Declaration is being amended in substantial part to correct conflicts
in the Original Declaration and to further clarify other areas.
D. It is further the purpose of this Amended Declaration to entirely amend and
restate the Original Declaration, replacing and superseding the Original Declaration and all
prior declarations and covenants in their entirety to the extent allowed by law, and to provide
for all easements, rights and provisions appropriate to the operation and maintenance of the Big
R Commercial Park.
E. The Colorado Common Interest Ownership Act is codified at Colorado Revised
Statutes § 38-33.3-101, et seq. (the "Act"). Section 38-33.3-121 of the Act states that the Act
does not apply to a planned community in which all of the units are restricted exclusively to
nonresidential uses unless the declaration so provides. The Subdivision is restricted to
commercial uses. It is the intent of this Amended Declaration that the Subdivision will not be
submitted to the provisions of the Act, and therefore the Act does not apply.
F. This Amended Declaration, together with the Plat (defined below), govern with
respect to all matters pertaining to the Subdivision, the Association, and all Owners within the
Subdivision.
G. Article XV. Section 15.02 of the Original Declaration provides that the Original
Declaration may be amended by a vote of sixty-seven (67%) percent of all votes entitled to be
cast in the Association.
3i
1II11 rj1421013DIY 11.11110644 l'IMICAY ti 11I11
Reception#: 935330
05/13/2020 02:23:07 PM Jean Alberico
2 of 39 Rec Fee:$203.00 Doc Fee:0.00 GARFIELD COUNTY CO
H. The Owner consents attached hereto as Exhibit D-1 and the certificate of the
Association attached hereto as Exhibit D-2 confirm that the affirmative vote of the requisite
percentage of the votes entitled to be cast have been obtained to amend the Original Declaration
by this Amended Declaration.
I. Capitalized terms not otherwise defined shall have the meaning set forth below.
All exhibits are hereby incorporated into this Amended Declaration and shall be deemed a part
of this Amended Declaration.
AMENDED AND RESTATED DECLARATION
NOW, THEREFORE, the Owners hereby declare that the Property shall be owned, held,
conveyed, encumbered, leased, improved, used, occupied and enjoyed subject to the this
Amended Declaration. This Amended Declaration shall: (i) run with the Property at law; (ii)
bind all persons or entities having or acquiring interest in the Property or any part thereof; (iii)
inure to the benefit of and be binding upon every part of the Property and every interest therein;
and (iv) inure to the benefit of, be binding upon, and be enforceable by each Owner and his or
her heirs, successors -in -interest and assigns and the Association and its successor -in -interest.
ARTICLE I
STATEMENT OF PURPOSE.
1.01 General. The purpose of this Amended Declaration is to ensure proper use and
appropriate development and improvement of the real property that constitutes the Subdivision,
so as to provide harmonious commercial development and promote the general welfare of the
Lot Owners, tenants, invitees, and guests thereof, and protect the present and future value of
such property.
1.02 The covenants, conditions, restrictions and reservations set forth herein shall bind
and benefit all persons or entities who become an Owner of one or more Lots within the
Subdivision. Every Lot within Big R Commercial Park Subdivision shall henceforth be owned,
held, conveyed, encumbered, leased, improved, used, occupied, and enjoyed subject to the
following covenants, conditions, restrictions and reservations, and the same shall constitute a
general plan for the Subdivision, ownership, improvements, sale, use and occupancy of the Lots
therein, to enhance and protect the value, desirability, and attractiveness of the Subdivision.
ARTICLE II
DEFINITIONS
2.01 "Allocation" shall mean with respect to each Lot, the percentage allocated to the
Lot as set forth on Exhibit C, attached hereto and incorporated herein by reference. The
Allocation for each Lot has been determined as set forth on Exhibit C.
2.02 "Association" means and refers to the Big R Lot Owners Association, Inc. a
Colorado nonprofit corporation.
Page 2
11111M111,1111MilifiLMICEI1 iFiii M Uffliki. 11111
Reception#: 935330
05113/2020 02:23:07 PM Jean Alberico
3 of 39 Rec Fee:$203.00 Doc Fee:0.00 GARFIELD COUNTY CO
2.03 "Association Documents" means this Amended Declaration, the Articles of
Incorporation for the Association, the Association Bylaws, all Association rules and regulations,
all documents incorporated by reference into the foregoing, all procedures, rules regulations,
resolutions or policies adopted by the Association in accordance with the aforementioned
documents, and all documents of record with the Clerk & Recorder of Garfield County, Colorado
that affect the Subdivision as a whole.
2.04 "Board of Directors" shall mean the Board of Directors of the Association, as
provided for in the Association Documents.
2.05 "Common Area(s)" means and refers to Big R Road, the Emergency
Ingress/Egress shown on the Plat, any easements held by the Association identified in this
Amended Declaration and/or the Plat, and any other improvement or real property in which the
Association obtains in easement or ownership interest.
2.06 "Declarant" shall mean Big R Enterprises, LLC.
2.07 "Improvement" shall mean and refer to and include any and all structures and all
appurtenances thereto of every kind and type and all physical changes upon, aver, across, above
or under a Lot or upon existing improvements located in or on a Lot, or the landscaping and
facilities within right-of-way adjacent to a Lot. This definition shall include, but shall not be
limited to the following facilities and activities, whether of a permanent or temporary nature:
buildings, outbuildings, parking structures and garages, parking lots and other parking areas,
streets, roads, traffic control devices and signs, driveways, bikeways, access roads, loading areas,
signs, canopies, awnings, trellises, fences, lawns, lawn and garden landscaping, plazas, patios,
recreational facilities, walkways, pedestrian malls, sidewalks, shelters, security and safety
devices and bridges, construction trailers and other temporary construction buildings, screening
walls, retaining walls, stairs, docks, windbreaks, exterior air conditioning, lighting fixtures,
drainage structures, communications equipment including but not Limited to microwave dishes
and relay equipment, coaxial and fiber optic cables, satellite transmitting and/or receiving ground
stations, poles, pumps, wells, tanks, reservoirs, pipes, lines, meters, towers, and other facilities
used in connection with water, sewer, gas, electric, telephone, regular or cable televisions, or
other utilities, changes to any improvement provided that with respect to such facility
constructed (in behalf of or for a utility, such facilities is included in this definition only to the
extent it is above ground. "Improvement" as defined herein shall not include improvements,
alterations or remodeling, which are completely within the interior of a structure and which do
not affect or change the exterior appearance of an improvement, are not visible from the outside
and do not alter the permitted use of Lot as defined in Article III.
2.08 "Lot" shall mean and refer to each of the lots within the Big R Commercial Park
as shown on the Plat thereof recorded with the Clerk and Recorder for Garfield County,
Colorado, as said Plat may be amended from time to time.
2.09 "Maintenance" shall mean and refer to any activity or function that is necessary
on an ongoing basis or intermittently for the purpose of: (a) maintaining and/or operating any
vacant, unimproved land; and/or (b) maintaining and/or operating improvements before, during
Page 3
111110rdrar Ie rt.11. whit C l 4 IttaiE«G1''rktEiikh 11111
Reception#: 935330
05/13/2020 02:23:07 PM Jean Alberico
4 of 39 Rep Fee:$203.00 Doc Fee:0.00 GARFIELD COUNTY CO
and after construction or installation of such improvements; and/or (c) for the purpose of
enabling or facilitating the permitted use of any Lot.
2.10 "Owner" or "Lot Owner" shall mean and refer to the record owner, whether one
or more persons or entities, of a fee simple title interest in and to any Lot within the Subdivision.
"Owner" or "Lot Owner" shall not mean or refer to any person or entity who holds an interest in
a Lot merely as security for the performance of a debt or other obligation; or pursuant to an
easement, right-of-way, or license that pertains to or affects a Lot or Lots, or appurtenant to, a
Lot or Lots.
2.11 "Plat" shall mean the Final Subdivision Plat for Big R Commercial Park
Subdivision recorded on November 7, 2007 at Reception No. 736855 in the real property records
of Garfield County Clerk and Recorder.
2.12 "Subdivision" shall mean and refer to the Big R Commercial Park as described by
land area on Exhibit A attached hereto and as shown on the Plat, as it may be properly amended
from time to time.
ARTICLE III
PERMITTED USES
3.01 Permitted Uses. Subject to the covenants, conditions, restrictions and reservations
set forth in this Amended Declaration, all Lots shall be used solely for such nonresidential uses
are allowed within the Commercial General zoning district, of Garfield County, Colorado, under
the conditions set forth herein. This Amended Declaration may be amended to provide for
residential use on specific Lot(s) with approval of the Board of County Commissioners of
Garfield County and pursuant to a resubdivision process including preliminary and final platting
with approval of a water supply plan, payment of school impact fees, review of traffic impacts
and all other review required by the land use code of Garfield County then in effect. In the event
that any Lots are approved for residential use, this Amended Declaration shall be amended to
comply with the Act at the sole cost and expense of the Owner(s) of the Lot(s) approved for
residential use.
ARTICLE IV
ASSOCIATION MEMBERSHIP AND VOTING RIGHTS
4.01 Purpose. The purpose of the Association is to administer and enforce the
covenants, conditions and restrictions set forth in this Amended Declaration, and otherwise
administer and enforce the provisions of all Association Documents, and to carry out the
purposes herein stated and the functions necessary for the proper use and maintenance of all Lots
within the Subdivision.
4.02 Membership in Association. The Association shall have one class of membership.
All Lot Owners in the Subdivision shall be members of the Association and consent to all terms
and conditions set forth in this Amended Declaration and all Association Documents.
Membership shall be appurtenant to and may not be separated from ownership of any Lot. The
Page 4
1111111011/1:74:01n.VEI 111111
Reception#: 935330
05/13/2020 02:23:07 PM Jean Alberlco
5 of 39 Rec Fee:$203.00 Doc Fee:0.00 GARFIELD COUNTY CO
ownership of the membership for a Lot shall automatically pass with fee simple title to the Lot.
Each Owner shall automatically be entitled to the benefits and subject to the burdens relating to
the membership for their Lot. If the fee simple title to a Lot is held by more than one person,
each Owner of a Lot shall be a member of the Association. Memberships in the Association shall
be limited to Owners of Lots in the Subdivision. The vote for such Lot shall be exercised by one
person or alternate persons (who may be a tenant of the Owner) appointed by proxy in
accordance with the Bylaws.
4.03 Transfer of Membership. An Owner shall not transfer, pledge, encumber or
alienate his membership in the Association in any way, except upon the sale or encumbrance of
his Lot and then only to the purchaser of his Lot.
4.04 Board of Directors. The affairs of the Association shall be governed by a Board of
Directors, consisting of not fewer than three (3) persons in accordance with the Bylaws. The
Directors may be nonresidents of Colorado, but all Directors must be Owners of Lots, which in
the case of corporate or partnership owners, shall include the general partners, officers and
directors of each such corporate or partnership Owner. The Directors shall be elected at the
annual meeting each year.
4.05 Voting Rights. Appurtenant to ownership of Lots 3 through 10 is one (1) vote
each, Lot 2 is two (2) votes, and Lot 1 is four (4) votes. Such votes are for the purpose of all
Association matters regardless of whether one or more persons or entities own such Lot. Votes
may not be voted in fractions. When more than one person holds an interest in the same Lot, all
such Owners shall be members and the vote for each Lot shall be cast as the Owners thereof
agree, but in no event shall more votes be cast for each such Lot than as set forth in the Amended
Declaration. If the Owners of a Lot do not agree as to the manner in which their vote(s) should
be cast when called upon to vote, then they shall be treated as having abstained.
4.06 Compliance with Association Documents. Each Owner shall abide by and benefit
from each provision, covenant, condition, restriction and easement contained in this Amended
Declaration, and all Association Documents. The obligations, burdens and benefits of
membership in the Association concern the land and shall be covenants running with each
Owner's Lot for the benefit of all other Lots.
4.07 Association Expenses. Expenses of the Association include, but are not limited to,
expenses associated with the Association's responsibilities for road and access permit
maintenance, permit compliance, roadside landscaping, operation and maintenance of the fire
protection system and the water supply therefor, water allotment contract with West Divide
Water Conservancy District, and operation and maintenance of the drainage path along and
culverts under Highway 6 & 24 to the extent not maintained by the Colorado Department of
Transportation. Unless allocated separately under the Association Documents or specifically
attributable to one or more Lots, the expenses of the Association shall be allocated as shown on
Exhibit C hereto. Each Lot Owner shall pay its share of all such expenses in accordance with the
Association Documents. Failure to timely pay any amounts, in whole or in part, may be enforced
as a violation of these covenants.
Page 5
1111 Eir rlil'MI'+# 161'rllkli I 11Llk fi it llENlf:1 fib 11111
Reception#: 935330
05/13/2020 02:23:07 PM Jean R16erico
6 of 39 Rec Fee:$203.00 Doc Fee:0.00 GARFIELD COUNTY CO
ARTICLE V
ASSOCIATION FUNCTIONS AND DUTIES
5.01 General Authority. The Association shall fulfill its obligations as required under
the Association Documents. Additionally, the Association may do all things reasonably
necessary or desirable to keep and maintain the Subdivision as a secure, attractive and desirable
commercial development.
5.02 Right to Make Rules and Regulations. The Association shall be authorized to and
shall have the power to adopt, amend and enforce rules and regulations applicable to the
Subdivision to implement the provisions of this Amended Declaration and all Association
Documents. The Association may provide for enforcement of any such rules and regulations
through reasonable and uniformly applied fines and penalties, or other reasonable and
appropriate sanctions. Each Owner, lessee, guest and member of the general public shall be
obligated to and shall comply with and abide by such rules and regulations and pay such fines or
penalties upon failure to comply with or abide such rules and regulations and such unpaid fines
and penalties shall be enforceable in accordance with the Association Documents and applicable
law.
5.03 Records. The Association shall keep financial records sufficiently detailed to
conduct Association affairs and to enable the Association to comply with applicable law,
including records adequate to document unpaid charges and/or assessments due in the
Association. All financial and other records shall be made available for examination by any
Owner in accordance with applicable law. The Association may charge a reasonable fee for
copying such material.
5.04 Implied Rights of the Association. The Association may exercise any right or
privilege granted in the Association Documents and, except to the extent limited by the terms
and provisions of this Amended Declaration, given to it by law, and shall have any may exercise
every other right, privilege, power and/or authority necessary or desirable to fulfill its obligations
under the Association Documents.
5.05 Association Documents. Each Owner shall comply with and benefit from each
tern, provision, covenant, condition, restriction, reservation and easement contained in the
Association Documents. The obligations, burdens and benefits of membership in the Association
touch and concern the Property and are, and shall be, covenants running with each Lot for the
benefit of all other Lots.
5.06 Owner's Negligence. In the event that the need for maintenance, repair or
replacement of Association property (e.g., the fire protection water supply or facilities) or of any
roadway, access, drainage or other easement maintained by the Association is caused through or
by the negligent or willful act or omission of an Owner or an Owner's guest or lessee, then the
expenses incurred by the Association for such maintenance, repair or replacement shall be a
personal obligation of such Owner; and, if an Owner fails to repay the expenses incurred by the
Association within seven (7) days after notice to the Owner of the amount owed, then such
failure shall be a default by the Owner under the provisions of this Amended Declaration, and
Page 6
1111 FAN PAOLIi 11111
Reception#: 935330
05/13/2020 02:23:07 PM Jean Alberico
7 of 39 Rec Fee:$203.00 Doc Fee:0.00 GARFIELD COUNTY CO
such expenses shall automatically become a default assessment determined and levied against
such Owner's Lot, enforceable by the Association.
5.07 Enforcement of Association Documents. The Association or any aggrieved Owner
may take judicial action against any Owner to enforce compliance with the Association
Documents and Association rules to obtain damages for noncompliance or for injunctive relief,
or both, all to the extent permitted by law.
5.08 Powers of the Association.
(a) General Purposes and Powers. The Association, through the Board or the
Managing Agent (defined below), shall perform functions and hold and manage property
as provided in this Amended Declaration so as to further the interests of Owners of Lots
in the Subdivision. It shall have all powers necessary or desirable to effectuate such
purposes.
(b) Board of Directors. The affairs of the Association shall be managed by a
Board of Directors which may by resolution delegate any portion of its authority to an
executive committee, or to a director or Managing Agent for the Association. There shall
not be less than three members of the Board of Directors, the specific number to be set
forth from time to time in the Bylaws, all of whom shall be Owners elected by Owners.
(c) Bylaws and Articles. The purposes and powers of the Association and the
rights and obligations with respect to Owners set forth in this Amended Declaration may
and shall be supplemented by provisions of the Articles and Bylaws of the Association.
(d) Association Powers. The Association shall have, subject to the Iimitations
contained in this Amended Declaration, the Articles, and the Bylaws, all powers
necessary or appropriate for the administration of the affairs of the Association and the
upkeep of the Subdivision, which shall include, but not be limited to, the following:
i. Adopt and amend the Bylaws and the Rules and Regulations;
ii. Adopt and amend the Budget;
iii. Collect Assessments from Owners;
iv. Suspend the voting interests allocated to a Lot, and the right of an Owner
to cast such votes, or by proxy the votes of another, during any period in
which such Owner is in default in the payment of any Assessment, or
during any time in which an Owner is in violation of any other provision
of the governing documents;
v. Hire and discharge "Managing Agents" and delegate to such Managing
Agents the power and duty to enforce the Rules and Regulations and other
powers and duties of the Association;
vi. Hire and discharge employees, independent contractors and agents other
than Managing Agents;
vii. Institute, defend or intervene in litigation or administrative proceedings or
seek injunctive relief for violations of the Association Documents in the
Page 7
1111INrdillYk'IrNAhl littlikilUi iriAEVIEtlik 11111
Reception#: 935330
05113/2020 02:23:07 PM Jean Alberico
0 of 39 Rec Fee:$203.00 Doc Fee:0.00 GARFIELD COUNTY CO
Association's name, on behalf of the Association or on behalf of two or
more Owners in matters affecting the Subdivision;
viii. Adjust and settle insurance claims;
ix. Receive notices, join in any litigation or administrative proceeding, and
execute any and all documents in the Association's name, on behalf of the
Association, or on behalf of the two or more Owners, in connection with
any change in zoning, annexation, subdivision approval, building permit,
or other type of governmental approval required to accomplish or maintain
the purposes of the Association;
x. Make contracts and incur liabilities;
xi. Regulate the use, maintenance, repair, replacement, and modification of
all Common Area, all Association property within the Subdivision or any
property which serves the Subdivision but which is outside its boundaries;
xii. Establish policies and procedures for entry onto a Lot under authority
granted to the Association in the governing documents for the purpose of
abating a nuisance, or a known or suspected dangerous or unlawful
activity;
xiii. Cause additional improvements to be made as a part of the Common Area;
xiv. Acquire, hold, encumber and convey, in the Association's name, any right,
title or interest to real estate or personal property;
xv. Grant easements, including permanent easements, and grant Ieases,
licenses and concessions, through or over the Common Area;
xvi. Impose and receive a payment, fee, or charge for (i) services provided to
Owners, and (ii) for the use, rental or operation of the Common Area;
xvii. Establish from time to time, and thereafter impose, charges for late
payment of Assessments or any other sums due and, after notice and
hearing, levy a fine for a violation of the governing documents;
xviii, Impose a reasonable charge for the preparation and recording of
amendments to the Amended Declaration or statements of unpaid
Assessments and for services provided to Owners;
xix. Recover costs of enforcement for collection of Assessments and other
actions to enforce the powers of the Association, regardless of whether or
not suit was initiated;
xx. Provide for the indemnification of the Association's officers and the Board
of Directors to the extent permitted by law and maintain directors' and
officers' liability insurance;
xxi. Assign the Association's right to future income, including the right to
receive Assessments;
xxii. Declare the office of a member of the Board of Directors to be vacant in
the event such member is absent from three (3) regular meetings of the
Board of Directors during any one year period;
xxiii. Appoint any committee as required or permitted by the governing
documents, and by resolution, establish committees, permanent and
Page 8
I r :15115151.1IV.NilUI i0,l1111,Witli 1111
Reception#: 935330
05/13/2020 02:23:07 PM Jean Alberico
9 or 39 Rec Fee:$203.00 Doc Fee:0.00 GARFIELD COUNTY CO
standing, to perform any of the above functions under specifically
delegated administrative standards as designated in the resolution
establishing the committee;
xxiv. By resolution, set forth policies and procedures which provide for
corporate actions and powers which are different than those set forth in the
Nonprofit Act, which are permitted to be "otherwise set forth in the
Bylaws." Such resolutions shall be given the same force and effect as if
specifically enumerated in the Amended Declaration or the Bylaws;
xxv. Exercise any other powers conferred by the governing documents or the
Nonprofit Act or that may otherwise be exercised by entities of the same
type as the Association under Colorado law; and
xxvi. Exercise any other power necessary or proper for the governance and
operation of the Association.
(e) Actions by Board of Directors. Except as specifically otherwise provided
in this Amended Declaration or the Bylaws, the Board of Directors may act in all
instances on behalf of the Association.
ARTICLE VI
ASSESSMENTS
6.01 Obligation. Each Owner, by accepting a deed for a Lot, is deemed to covenant to
pay the Association (i) annual assessments imposed by the Board of Directors as necessary to
meet the expenses incurred or anticipated to be incurred to perform the functions of the
Association; (ii) special assessments for capital improvements and other purposes as stated in
this Amended Declaration; and (iii) default assessments which may be assessed against a Lot for
the Owner's failure to perform an obligation under the Association Documents or because the
Association has incurred an expense on behalf of the Owner under the Association Documents.
No Owner may waive or otherwise avoid personal liability for the payment or the assessment
provided for in this Amended Declaration by abandoning or leasing a Lot, or otherwise.
6.02 Purpose of Assessments. The assessments shall be used exclusively to promote
the health, safety and welfare of the Owners and occupants of the Subdivision, and to fulfill other
areas of Association responsibility referred to in the Association Documents.
6.03 Budget. Within thirty (30) days after the adoption of any proposed budget for the
Association, the Board of Directors shall mail, by ordinary first-class mail, or otherwise deliver a
summary of the budget to all Owners and shall set a date for a meeting to consider ratification of
the budget not less than fourteen (14) nor more than sixty (60) days after mailing or other
delivery of the summary. Unless at that meeting Owners representing more than sixty percent
(60%) of all votes entitled to be case on Association matters reject the budget, the budget is
ratified, whether or not a quorum is present. In the event that the proposed budget is rejected, the
periodic budget last ratified in accordance with this Section must be continued until such time as
the Owners ratify a subsequent budget proposed by the Board of Directors. The Board of
Directors shall adopt a budget and submit the budget to a vote as provided herein no less
Page 9
1111Pra1901 1hNriffMR3h.tiVI:W1r:'kNilli h 11111
Reception#: 935330
05/13/2020 02:23:07 PM Jean Rlberico
10 of 39 Rec Fee:$203.00 Doc Fee:0.00 GARFIELD COUNTY CO
frequently than annually. The Board of Directors shall levy and assess the Association's annual
assessments in accordance with the annual budget.
6.04 Annual Assessments. Annual Assessments for Association expenses shall be
based upon the estimated cash requirements as the Board of Directors from time to time
determine to be paid by all of the Owners. Estimated Association expenses include but are not
limited to the cost of routine Association affairs; expenses of management, taxes and special
governmental assessments; insurance premiums for insurance coverage as deemed desirable or
necessary by the Association; maintenance of Association property or property for which the
Association is specifically responsible; road maintenance, repair and improvement; wages;
charges consistent with the provisions of the Association Documents; legal and accounting fees;
expenses and liabilities incurred by the Association under or by reason of the Association
Documents; payment of any default remaining from a previous assessment period; and the
creation of a reasonable contingency or other reserve of surplus fund for Association business, as
needed. Annual assessments shall be payable on a prorated basis each year in advance and shall
be due in quarterly installments. The omission or failure of the Association to fix the annual
assessments for any assessment period shaII not be deemed a waiver, modification or release of
the Owners from their obligation to pay the same.
6.05 Apportionment of Annual Expenses. Each Owner shall be responsible for the
Lot's share of the Association expenses, which shall be divided among the Lots in accordance
with Exhibit C. Notwithstanding any terms in this Section to the contrary, the Board of Directors
may reasonably adjust allocation to each Owner of the cost of premiums for any insurance
carried for and to be charged to a particular Owner.
6.06 Special Assessments. In addition to the annual assessments authorized above, the
Board of Directors may at any time and from time to time determine, levy and assess in any
fiscal year a special assessment applicable to that particular fiscal year and for any such Longer
period as the Board of Directors may determine. Any amounts determined, levied and assessed
pursuant to this section shall be assessed to the Lots in accordance with Exhibit C. Special
assessment shall be based on a budget adopted by the Association as provided above, except that
if necessary, the Association may adopt a new budget prior to Ievying a special assessment. Such
special assessment(s) shall be due and payable as determined by the Board of Directors.
6.07 Default Assessments. All monetary fines assessed against an Owner pursuant to
the Association Documents, or any expense of the Association which is the obligation of an
Owner or which is incurred by the Association on behalf of the Owner pursuant to the
Association Documents, shall be a default assessment and shall become a lien against such
Owner's Lot(s) which may be foreclosed or otherwise collected as provided in this Amended
Declaration. Notice of the amount and due date of such default assessment shall be sent to the
Owner subject to such assessment at least thirty (30) days prior to the due date.
6.08 Effect of Nonpayment Assessment Lien. Any assessment payment or installment
thereof, whether pertaining to any annual, special, default or other assessment, which is not paid
within thirty (30) days after its due date shall be delinquent. If an assessment installment
Page 10
■Ili leciNgiiMikElfeilfligialtifill ailitglik 11111
Reception#: 935330
05/13/2020 02:23:07 PM Jean Alberico
11 of 39 Rec Fee:$203.00 Doc Fee:0.00 GARFIELD COUNTY CO
becomes delinquent, the Association, in its sole discretion, may take any or all of the following
actions:
(a) Assess a late charge for each delinquency in such amount as may be
provided by policy(ies) adopted by the Board from time to time as the Board deems
appropriate;
(b) Assess an interest charge from the date of delinquency at the rate of
eighteen percent (I 8%) per annum;
(c)
Suspend the voting rights of the Owner during any period of delinquency;
(d) Accelerate all remaining assessment installments so that unpaid
assessments for the remainder of the fiscal year shall be due and payable at once; and
(e) Bring an action at law against any Owner personally obligated to pay the
delinquent assessments; and
(0 Vote to approve the recording of a lien for all delinquent assessments, and
upon approval, file for record in the office of the Clerk and Recorder for Garfield County,
Colorado, a notice of lien signed by the President or Managing Agent of the Association
for the amount due, together with interest thereon, which notice shall contain: (1) a
statement of the amount unpaid and the interest accrued thereon; (2) a legal description of
the property owned by the delinquent Owner; and, (3) the name of the delinquent
Owner(s). Such notice of lien shall be effective to establish a lien against the interest of
the Owner(s) in the Lot(s) together with interest at the rate set forth above on the amount
due from the date thereof, administrative fees, recording fees, cost of title search obtained
in connection with such lien and the foreclosure thereof, and court costs and reasonable
attorneys' fees that may be incurred in the preparation and enforcement of such a lien.
The Association may institute foreclosure proceedings against the defaulting Owner's Lot
in the manner for foreclosing a mortgage on real property under the laws of the State of
Colorado. In the event of any such foreclosure, the Owner shall be liable for costs and fees
thereof, including but not limited to the amount of all unpaid assessments, any penalties and
interest thereon, the cost and expenses of the foreclosure proceeding and sale, the cost and
expenses for filing the notice of the claim and lien, title search, foreclosure certificate, and all
reasonable attorneys' fees and costs incurred in connection therewith.
The Association shall have the power to bid on a Lot at foreclosure sale and to acquire
and hold, lease, mortgage, and convey the same. While a Lot is owned by the Association
following foreclosure: (a) no right to vote shall be exercised on its behalf; (b) no assessment shall
be levied on it; and (c) each other Lot shall be charged, in addition to its usual assessment, its
Allocation share of the assessment that would have been charged such Lot had it not been
acquired by the Association.
Page 11
■111I
Reception#: 935330
05/13/2020 02:23:07 PM Jean Alberico
12 of 39 Rec Fee:$203.00 Doc Fee:0.00 GARFIELD COUNTY CO
The lien of the assessments will be superior to and prior to any homestead exemption
provided now or in the future by the law of the State of Colorado, and to all other liens and
encumbrances except liens and encumbrances recorded before the date of the recording of this
Amended Declaration, and except the lien of a first deed of trust holder, and except liens for
governmental assessments or charges imposed against a Lot by a Colorado governmental or
political subdivision or special taxing district or any other liens made superior by statute. The
foregoing lien and the rights to foreclosure thereunder shall be in addition to, and not in
substitution for, all other rights and remedies which the Association may have hereunder and by
law, including suit to recover a money judgment for unpaid amounts.
6.09 Personal Obligation. The amount of any assessment chargeable against any Lot
shall continue to be a debt of the Lot as well as a personal and individual debt of the Owner of
same. No Owner may exempt himself from liability for the assessment by abandonment, lease or
sale of his Lot or otherwise. Suit to recover a money judgment for unpaid assessments, any
penalties and interest thereon, the cost and expenses of such proceedings, and all reasonable
attorney's fees in connection herewith shall be maintainable without foreclosing or waiving the
assessment lien provided in this Amended Declaration.
ARTICLE VII
ARCHITECTURAL AND DESIGN CONTROL
7.01 Design of Property. It is the specific intent of this Amended Declaration to assure
that all development and improvement of the Lots is accomplished within the bounds of this
Amended Declaration. The design standards set forth herein or as may be adopted hereafter shall
be interpreted and applied to serve such intent.
7.02 Adoption of Standards. The Association may, but is not required to, promulgate,
adopt, and amend design standards or guidelines consistent with these covenants and additional
to those set forth in Article VIII. A current copy of the adopted, written design standards or
guidelines, if any, shall be furnished to each Lot Owner upon written request.
7.03 Obligations with Respect to Zoning and Subdivision. All improvements and uses
of a Lot shall fully comply with all zoning, land use, and subdivision statutes and regulations and
conditions applicable to such Lot.
7.04 Architectural Control. No Improvement on any Lot shall be commenced, erected
or maintained, nor shall any exterior addition to or change or alteration therein be made until the
plans and specifications showing the nature, kind, shape, height, materials, and location of the
same shall have been submitted to in writing and approved as to harmony of external design and
location in relation to surrounding structures and topography by the Board of Directors of the
Association. In the event the Board of Directors fails to approve or disapprove such design
within thirty (30) days after said plans and specifications have been submitted to it, approval will
not be required and this Article will be deemed to have been fully complied with.
7.05 Enforcement. Any violation of these covenants for architectural and design
review shall constitute a violation of this Amended Declaration and all Association Documents,
Page 12
11111 INFO1/411:411Wiklig 11111
Reception#: 935330
05113/2020 02:23:07 PM Jean Alberico
13 of 39 Rec Fee:$203,00 Doc Fee:0.00 GARFIELD COUNTY CO
subject to enforcement by the Association. The Association is specifically authorized to impose
appropriate fines, penalties or other sanctions against a Lot Owner for violation of the
architectural and design review covenants, standards and guidelines, and any such monetary fine
or penalty shall constitute a default assessment under Article VI and may be collected as such.
ARTICLE VIII
CONSTRUCTION AND DESIGN STANDARDS
8.01 Construction Standards. Construction or alteration of any Improvement(s) shall
meet the standards set forth in these covenants and shall promptly and diligently be completed.
For the purposes of these covenants, when a construction material is specified herein, another
material may be used in lieu thereof, provided such material is equivalent or superior to the
specified material.
8.02 Finishes. All buildings shall have exterior walls of face brick, stone, metal, steel,
concrete, marble, anodized aluminum, glass, stucco or equivalent permanently finished
materials.
8.03 Sidewalks. Sidewalks of design standards and in locations required by the County
shall be maintained by the Owner of that Lot on which the sidewalk is located.
8.04 Landscaping. Any portion of a Lot upon which Improvements are not constructed
may be landscaped in accordance with available legal and physical water supply for Lot.
8.05 Screening. All trash areas (and dumpsters) shall be maintained in permanently
screened and fenced enclosures which shall not be visible to any other lot or from any dedicated
street.
8.06 Illuminations. Overnight security type lighting, and lighting of parking, truck
service/receiving areas and outdoor storage areas will require fixtures that are of a sharp cut-off
design which allow minimal light spill or glare onto adjacent property.
8.07 Utilities. All pipes, conduits, cables, or lines for water, gas, sewage, steam,
electricity, telephone or any other energy or service serving any Lot from any main trunk line or
easement shall be installed and maintained below ground, unless otherwise approved in writing
by the Association.
8.08 Signs. All signs shall conform with written sign standard of applicable codes,
laws and governmental regulations.
8.09 Drainage Plan. Lot Owners shall not alter the grades established for drainage
purposes. No fences, landscaping materials, or other obstructions shall be constructed in a
manner that would prevent the flow of water or inhibit the function of the drainage plan as
shown on the construction drawings submitted with the final plat approval.
Page 13
111F II+riSTUN,1914uk1611 l liElil li ,11111
Reception#: 935330
03/1312020 02:23:07 PM Jean Rlberioo
14 or 39 Rec Fee:$203,00 0nc Fee:0.00 GARFIELD COUNTY CO
ARTICLE IX
MAINTENANCE AND OPERATION ACTIVITIES -CRITERIA
9.01 Construction Period. During construction of any Improvements, supplies and
equipment must be stored in a designated area in a safe and orderly fashion. Trash, waste and
debris must be removed on a regular basis. Unlandscaped areas shall be kept moved and pruned,
free from plants infested with noxious insects or plant diseases and from weeds which are likely
to cause the spread of infection or weeds to neighboring property and free from brush or other
growth or trash which may cause danger of fire.
9.02 Site and Building Maintenance. All Owners shall at all times keep their premises,
buildings, Improvements, and appurtenances including parking areas in a safe, clean, and neat
condition; shall remove, replace, or repair all such items or areas not in such condition; and shall
comply in all respects with all government, health, police and safety requirements and with such
maintenance standards as may be established by the Association. Each Owner shall remove at its
own expense at least once a week all rubbish or trash of any character that may accumulate on its
property and shall keep unimproved areas maintained. Rubbish and trash shall not be disposed of
on the premises by burning in open fires or incinerators. Site and Building maintenance as
described herein is additional to shared maintenance obligations for the roadway and access
easements, as set forth in Article XIII.
9.03 Landscape and Grounds Maintenance. All landscaped or unimproved grounds on
all Lots shall be maintained in a neat and adequate manner. Required maintenance activities shall
include, but not be limited to, mowing, trimming, irrigation, replacement or removal of dead,
diseased , or unsightly landscaping, removal or control of weeds from planted areas, appropriate
pruning of plant materials, and dust suppression.
9.04 Noxious Weed Management. The Association shall implement and follow a
program of noxious weed control which shall comply with all applicable requirements of
Garfield County, including but not limited to the control and elimination of plant species
identified on the published Garfield County Noxious Weed List. Each Owner shall implement a
weed management program within the area of its Lot. The Association shall be responsible for
noxious weed control in the Big R Road right-of-way, the emergency ingress/egress, drainage
easements, the fire storage easement, and the Lot 9 well easement. In the event a Lot Owner fails
to effectively control noxious weeds on its Lot, the Association shall have the right to enter upon
any Lot and conduct a weed control program.
The weed management plan will consist of the following components.
(a) Prevention and Control. The quick revegetation of disturbed areas with
weed -free grass seed and the maintenance of native or introduced vegetation in a healthy,
vigorous condition producing optimum vegetative densities will leave noxious seeds little
opportunity to establish.
Page 14
1111 krarN5V 11111
Reception#: 935330
05/13/2020 02:23107 PM Jean alberico
15 of 39 Rec Fee:$203.00 Doc Fee:O.00 GARFIELD COUNTY CO
(b) Inventory. Each Lot will be inspected on at least an annual basis to
identify any infestations of noxious weeds. An accurate record should be kept of the
application and success of weed eradication efforts.
(c) Eradication. Elimination of noxious weeds will be achieved through use of
all of the following methods, as necessary.
(i) Mechanical controls which physically remove the entire weed plant or
eliminate the plant's ability to produce seed
(ii) Biological controls which rely on organisms (insect or plant pathogens) to
interfere with weed growth.
(iii) Chemical controls which use herbicides to eliminate weeds.
An effective weed management program may involve all three methods of eradication as
well as a long term commitment to prevention and control. Assistance in the development and
implementation of a weed management program is available through Colorado State University
Cooperation Extension Service and from the Garfield County Office of Vegetation management.
9.05 Additional Maintenance and Operation Activity. In addition to the foregoing
maintenance and operation activity standards, the Board of Directors may promulgate and adopt
additional maintenance and operation activity criteria that are not inconsistent with the criteria
set forth in this Article and that implement the purposes of these covenants.
9.06 On -Street Parking. No parking shall be permitted on any platted access easement
or dedicated roadway as shown on the final plat of the Subdivision or at any location other than
the paved parking spaces approved for a Lot, unless specifically authorized by the Association in
writing. Each Owner shall be responsible for compliance with this requirement by its tenants,
employees, invitees and guests. Owners or users of vehicles parked in violation of this provision
shall be subject to the sanctions, if any are made, Rules and Regulations by the Association, that
prohibit or restrict such parking, and regardless of the existence of any government sanctions, the
vehicles so parked shall be subject to removal at the Lot Owner's expense at the direction of the
Association or its representatives.
9.07 Variances. The Association may authorize variances from the design requirements
in this Amended Declaration or in any additional criteria promulgated and adopted as design
standards when circumstances such as topography, natural obstructions, hardship, nature of
business to be conducted or aesthetic or environmental objectives or considerations may warrant,
in the sole discretion of the Association.
9.08 Remedies for Failure to Maintain and Repair.
(a) Remedies. If an Owner or its tenant(s) fail to perform the maintenance and
repairs required by these covenants or the Association, then the Association, after ten
(10) days prior written notice to the Owner, shall have the right but not the obligation to
Page 15
Mill raliff ENiPAI'M PAWPAW Arend 11111
Reception#: 935330
06/13/2020 02:23:07 PM Jean Rlberico
16 of 39 Rec Fea:$203.00 Doo Fee:0.00 GARFIELD COUNTY CO
perform such maintenance and repair and to charge said delinquent Lot Owner with the
cost of such work together with the interest thereon at the maximum statutory rate from
the date of the Association's advancement of funds for such work to the date of
reimbursement to the Association by Owner, and such charges shall constitute a default
assessment. If the Owner fails to pay such default assessment to the Association within
thirty (30) days after demand therefore, the Board of Directors may vote to approve the
recording of a lien therefor in accordance with Article VI. All unpaid amounts shall
constitute a personal and direct obligation of the Lot Owner to the Association.
(b) Cure. If the reason for which a notice of lien has been recorded is cured,
the Association shall record a release of such notice, upon payment by the Owner of all
unpaid and past due assessments, fees, accrued interest, and attorneys' fees and costs
incurred by the Association.
ARTICLE X
LIMITATION OF LIABILITY
I0.01 The Association, and its officers, directors, employees, agents, and representatives
shall not be liable to any Owner or other person or entity for any action or failure to act that was
made in good faith and without willful or intentional misconduct. The Association shall
indemnify and hold harmless its officers, directors, employees, agents, and representatives from
any and all reasonable costs, damages, charges, liabilities, obligations, fines, penalties, claims,
demands or judgments, and any and all expenses, including without limitation, attorneys' fees
and costs incurred in the defense or settlement of any action arising out of or claimed on account
of any act, omission, error or negligence of such person or of the Association or the Board of
Directors provided such person acted in good faith and without willful or intentional misconduct.
10.02 No Association Liability. The Association shall not be held liable for injury or
damage to person or property caused by the condition of any Lot or by the conduct of Lot
Owners or their tenants, agents, invitees, employees or other representatives.
ARTICLE XI
WATER; SEWAGE DISPOSAL; AND FIRE PROTECTION
11.01 Water Supply.
(a) Individual Wells. Groundwater wells may be individually owned,
permitted, and constructed on each of Lots 1 through 10 (referred to herein as Big R
Wells No. 1 through 10) for water service to the respective Lot in accordance with the
following conditions. The well permit for Lot 1 shall be Limited to the withdrawal of up
to 25 gallons of water per minute with a maximum of 3.35 acre-feet per year for
commercial use inside up to six units, lawn and landscape irrigation of up to 18,000
square feet, and outside vehicle washing. The permit for Lot 2 shall be limited to the
withdrawal of up to 25 gallons of water per minute with a maximum of 2.24 acre-feet per
year for commercial use inside up to four units, lawn and landscape irrigation of up to
11,850 square feet, and outside vehicle washing. The permits for Lots 3 through 8 and 10
Page 16
1111 FOrdiVIINII5kNirhiltiiiirAllii 11H1CIOniA 11111
Reception#: 935330
05/13/2020 02:23:07 PM Jean Alberico
17 of 39 Rec Fee:$203.00 Duo Fee:0.00 GARFIELD COUNTY CO
shall each be Iimited to the withdrawal of up to 25 gallons of water per minute with a
maximum of 0.96 acre-foot per year for commercial use inside one unit, lawn and
landscape irrigation of up to 8,000 square feet, and outside vehicle washing. The permit
for Lot 9 shaIl be limited to the withdrawal of up to 25 gallons of water per minute with a
maximum of 1.51 acre-feet for commercial use inside one unit, lawn and landscape
irrigation of up to 8,000 square feet, and outside vehicle washing for use on Lot 9 and for
fire protection/storage use by the Association. The Owners of Lots shall each be entitled
to use water from their respective well only for purposes authorized by the well permit
and in accordance with the terms and conditions of the well permit; provided, however,
that the Association shall be and is entitled to withdraw and use 0.55 acre-foot of water
annually from the Big R Well No. 9, located on Lot 9, for fire protection purposes and to
supply to the Subdivision fire protection system. In lieu of individual wells, neighboring
Lot Owners may, subject to private agreement between themselves, construct and operate
a shared well that may be used to serve both lots. In the event of a shared well, the
combined water production and uses of the well shall be limited to the combined amounts
and uses for each lot, as set forth above. (For example, if Lots 3 and 4 share a well, the
permit for such well shall be limited to withdrawal of up to 50 gallons of water per
minute with a maximum of 1.92 acre-feet per year for commercial use inside two units,
lawn and landscape irrigation of up to 16,000 square feet, and outside vehicle washing.)
For so long as the shared well is permitted for the combined amounts and uses of both
lots, the subject lots are prohibited from developing separate, individual wells on each lot.
(b) Ownership, Use, and Maintenance of Well. The Owners of the Lots shall
each own, appurtenant to their respective Lot, the full interest in their respective well,
well permit, pump, and associated facilities for the withdrawal and use of water from
each well; provided, however that the Association shall be and is entitled to withdraw and
use 0.55 acre-foot of water annually from the Big R Well No. 9, located on Lot 9, for fire
protection purposes and to supply to the Subdivision fire protection system. Each Lot
owner is responsible to drill and install, at its own expense, the well, power source, meter,
and other facilities in and to the well serving such Lot. Each Lot Owner shall be solely
responsible, at its sole cost and expense, to operate, maintain, repair, service, and replace
its well, meter, pump, pipelines, and associated facilities and the well permit for such
well.
(c) Easement for Lot 9 WeIl. The Association is granted a perpetual and non-
exclusive easement over and across Lot 9, as identified on the Plat, for the installation,
access to, use, operation, maintenance, repair, and replacement of Big R Well No. 9 and
appurtenant facilities and pipelines for fire protection purposes and to supply to the
Subdivision fire protection system, including without limitation filling the Subdivision
fire protection tanks.
(d) Well Spacing. Because the Subdivision water supply consists of
individual or shared wells for each lot, the Lot Owners hereby waive 600-foot spacing
objections for any new well permits within the Subdivision so long as such new well is
proposed to be constructed at least 200 feet from existing wells.
Page 17
Ell 1 i.fil kiMITIN h: {iM5lrKllf WEi 111,'47Y1h 1111
Reception4: 935330
05/13/2020 02:23:07 PM Jean Alberico
19 of 39 Rec Fee:$203.00 Doc Fee:0.00 GARFIELD COUNTY CO
(e) Water Allotment Contract. Operation of the wells is dependent on
maintenance of an augmentation water supply contract with the West Divide Water
Conservancy District (WDWCD). The Association shall maintain and pay the annual fee
for the WDWCD water allotment contract in the amount of water needed to augment the
total authorized amounts and uses of the wells pursuant to part 11.01(a) above. The
annual fee for the WDWCD water allotment contract shall be assessed to all Lot Owners
according to the allocation set forth in Exhibit C.
(f) Meters; Limitations on Water Deliveries. The Lot Owner shall install a
totalizing flow meter and adjacent shut-off valve on its well to measure the rate and total
volume of water delivered from the well and to shut-off such flow, when appropriate. The
type of meter and valve that is installed shall be as required by the West Divide Water
Conservancy District or the Division of Water Resources. Every year, each Lot Owner
shall report its monthly volumetric water use to the Association. Annual volumetric
draws from the wells shall not exceed the amounts set forth in the well permits and in
part 11.01(a), above.
Notwithstanding the requirements of this section, the Association is
authorized to access and read the meters on each well and, pursuant to the provisions of
Article XVI hereof, has the authority to enforce the limitation on water deliveries to each
Lot as set forth in this Amended Declaration. In addition, the Association may terminate
water deliveries to any Lot that exceeds its maximum entitlement to water from the well
upon receipt of a letter or other communication from the Division of Water Resources
that adverse action will be taken if such remedy is not imposed.
(g) Conservation. Water conservation practices shall be exercised wherever
practicable throughout the development of the Lots.
(h) Potable Water Treatment Monitoring. To the extent that a Lot Owner is
required to install water treatment system(s) for the water supply to its Lot, such Lot
Owner shall be solely responsible for the installation, operation, maintenance, repair, and
replacement of such system.
11.02 Fire Protection System.
(a) Fire Protection System Components. The Fire Protection System for the
Subdivision is comprised of 480,000 gallons of water stored in tanks for fire protection
uses only, a water mainline, and a dry hydrant located on Lot lwithin the fire storage
easement shown on the final plat. Once the fire protection tanks and related facilities
have been installed, the Association shall be responsible for filling and refilling the tanks,
and maintaining and operating the related facilities serving the Association's fire
protection system.
(b) Provision of Fire Protection Water. The Rifle Fire Protection District has
approved provision of the fire protection water from any source, including well and water
from the well permitted for Lot 9, as described herein, river water, and hauled water so
Page 18
1111 irdriFiliAllifrigiVegitilli11117ridtidlitliii 11111
Recep t i ors# : 935330
05/13/2020 02:23:07 PM Jean Rlbarico
19 of 39 Rec Fee:$203.00 Doc Fee:0.00 GARFIELD COUNTY CO
long as the water is of appropriate quality for use by the District. The Owner of Lot 9 is
responsible to maintain in good working condition the Big R Lot 9 Well from which the
fire protection water may be supplied.
(c) Other Fire Protection Measures. Each Lot Owner is responsible for
installing and maintaining fire sprinkler systems, early detection systems, and/or alarms
or other sensors as required by the Rifle Fire Protection District. Each Lot Owner shall
have its building(s) reviewed by the Rifle Fire Protection District at the building permit
phase to evaluate such fire protection requirements. Each Lot Owner shall provide the
Association with written documentation of the early detection system(s) required by the
Rifle Fire Protection District for each building prior to construction. The Lot Owner is
responsible to ensure that such early detection systems are properly installed and
maintained in a good operating condition and otherwise comply with these provisions and
the requirements of the Rifle Fire Protection District. The Association shall take any and
all action necessary to enforce compliance with this Section 11.02, and each Lot Owner
shall reimburse the Association for the Association's costs and expenses in relation
thereto. Each Lot Owner shall post the address in a conspicuous location so each address
is readily identifiable.
For Lots with individual fire sprinkler systems, the Lot Owner is
responsible to install, own, operate, maintain, repair, and replace the fire sprinkler service
line from the point of its connection to the Association's fire protection system mainline.
No connection may be made to the Association's fire protection water main without the
prior written consent of the Association, and any such connection shall be at the Lot
Owner's sole cost and expense, including without limitation reimbursement of the
Association's engineering or consultant costs to make or oversee the connection. Any
costs associated with extending the Association's fire protection system water main to
serve a particular lot shall be responsibility of and assessed to such Lot Owner.
11.04 Sewage Disposal. At least one building on each Lot shall contain a minimum of
one (1) bathroom containing a toilet and sink. All sewage disposal therefrom shall be disposed of
by means of an engineered individual sewage disposal system designed by a registered
professional engineer. Each individual sewage disposal system shall be located so as to avoid
impairment during a 100-year flood event and constructed in a manner to facilitate ready access
for maintenance. Each Lot Owner shall be responsible for the construction, operation and
management of their individual sewage disposal system.
Without limiting the foregoing, the Association may contract with an individual qualified
and experienced in inspection and maintenance of ISDS to conduct inspections as the
Association may deem necessary to determine each Lot's system(s) maintenance requirements.
The Association shall have the right to take any action necessary to enforce compliance with the
operation and maintenance required for a properly function system. Any such action shall be at
the individual Lot Owner's expense.
The management plan for the operation and maintenance of individual sewage disposal
systems is as follows:
Page 19
Ill 1�1t�wlWb,h�ti�l� �',hl'U�l1�h'��1� �4� 1111
Reception#- 935330
03/13/2020 02:23:07 PM Jean Alberico
20 of 39 Rec Feet$203.00 Doo Fee:0.00 GARFIELD COUNTY CO
(a) Only domestic wastewater from toilets, lavatories, showers, laundry,
kitchens, and janitorial sinks used for restroom and kitchen cleaning may be introduced
into the individual sewage disposal systems. Other wastes, including grease, must be
disposed of separately.
(b) Each septic tank should be inspected annually by the Lot Owner and
pumped, if necessary, notwithstanding the Association's cleaning contract with a septic
tank systems cleaner.
(c) The septic tank should be pumped by a professional septic tank system
cleaner with proper disposal of waste materials.
(d) Leach fields and septic tanks shall be located or isolated away from areas
where vehicular traffic or other activities that could result in damage to the system of
components or compaction of soils will occur.
(e) The individual sewage disposal systems shall be protected from excess
water from roof drains, surface drainage, irrigation water, leaky faucets, or leaky toilets.
(f) Owners shall follow the guidelines listed in Exhibit B, Septic System
Maintenance, attached hereto and incorporated herein.
Industrial and/or commercial wastewater discharges shaII not be permitted through on
site wastewater disposal systems, including wastewater produced through manufacturing
processes and vehicle washing activities. Only domestic wastewater shall be disposed of through
the individual sewage disposal systems. At no time shall any hazardous or toxic materials used in
or generated from a commercial or industrial activity or process be allowed to drain into an ISDS
service a facility. All such commercial or industrial waste shall be disposed of to an on -site,
nondischarging system designed by a Registered Professional Engineer. Hazardous or toxic
wastes collected in said nondischarging systems must be properly managed and disposed of in
accordance with all applicable Federal, State, and local laws and regulations. All nondischarging
systems shall be included in the inspection schedule identified above.
All buildings that utilize floor drains will be required to collect and dispose of drain water
into a nondischarging tank system and be included in the inspection schedule identified above.
Each Lot Owner shall be responsible for hiring a disposal service of caustic, hazardous materials
and other materials collected in the floor drain and other nondischarging systems.
All proposed wastewater disposal systems shall comply with the regulatory requirements
for Class V Underground Injection Wells, if applicable to the type of system being proposed.
Information regarding Class V Underground Injection wells can be obtained from the US
Environmental Projection Agency, Regional Office.
11.05 Watershed Permit. The Lots are subject to City of Rifle Watershed Permit No. 05-
01, recorded in the Office of the Garfield County Clerk and Recorder as Reception No. 732603.
Page 20
Eli i airMIGy I V YE' aliflA11.4i1'19Y ,1l 111
Reception#: 935330
00/13I2020 02:23:07 PM Jean Rlberico
21 of 39 Rec Fee:$203.00 Doc Fee:0.00 GARFIELD COUNTY CO
Such permit is an umbrella permit for general commercial operations at the Subdivision.
Individual uses on the Subdivision lots will require a letter of compliance from the City of Rifle
or a separate watershed permit depending on use. The Watershed Permit required bi-annual
inspections which shall be paid for by the Association. Each Owner shall be responsible for
compliance with the conditions set forth in the Watershed Permit for its Lot.
ARTICLE XII
ACCESS AND UTLITIES
12.01 Access. The road identified on the Plat as Big R Road has been dedicated as a
public right-of-way. The Association has also been assigned the two Colorado Department of
Transportation Access Permits for the Subdivision. Public access to and from Big R Road is via
State Highway 6 & 24 pursuant to Colorado Department of Transportation ("CDOT") Access
Permit No. 399020. Public access to and from Lot 1 also is currently available via State Highway
6 & 24 pursuant to CDOT Access Permit No. 399019 and a historic unpermitted access. The
historic unpermitted access may be eliminated upon the upgrade of any CDOT permits. Permit
No. 399020 and Permit No. 399019 provide for 200 average daily trips for general light
industrial use each. New permits in compliance with current CDOT regulations and the current
State Highway Access Code (2 CCR 601-1) will be required as set forth below.
12.02 CDOT Permit Compliance. The Association shall be responsible for monitoring
compliance with the terms of the CDOT access permits and obtaining new or amended permits if
and when necessary, subject to the provisions of this Section.
(a) Prior to the submission of an application for a new building permit on any
of the Lots, the Association, at the subject Lot Owner's expense, shall obtain a trip
generation estimate from a registered professional engineer using methods approved by
the Institute of Transportation Engineers for the new building and its proposed use. A
trip generation estimate and the most recent up-to-date count of the actual average daily
trip analysis shall be supplied to Garfield County with any building permit application. If
required by CDOT based on such trip generation estimate and count of actual average
daily trip analysis, the Association shall obtain a new or updated CDOT access permit for
the Subdivision.
(b) At the time of this Amended Declaration, five out of ten Lots within the
Subdivision are developed. Based on the "Big R Commercial Park Level 2
Transportation Impact Study" dated June 29, 20I7 prepared by McDowell Engineering,
LLC (the "2017 McDowell Traffic Study"), it is anticipated that development of the next
Lot in the Subdivision will trigger the need for a revised CDOT access permit for Big R
Road and construction of an eastbound left turn Iane at the access into Big R Road. When
the requirements for a revised CDOT access permit for Big R Road and construction of
an eastbound Ieft turn lane are triggered based on information supplied pursuant to
subsection 12.02(a) above, the Association shall be responsible for obtaining the new or
revised CDOT access permit (the "Updated CDOT Access Permit") and for constructing
the eastbound left turn lane, the costs of which shall be assessed by the Association to
each Lot according to the Allocations on Exhibit C.
Page 21
11114�r� j��+I�G� E�i�➢ � �iar#� C'1 I +L t�fl�lll � 11111
Reception#: 935330
05/13/2020 02:23:07 PM Jean Alberico
22 of 39 Rec Fee:$203.00 Doc Fee:0.00 GARFIELD COUNTY CO
(c) Once the Association obtains the Updated CDOT Access Permit for Big R
Road, then, based on the total vehicle trips authorized by that permit, the Association will
allocate a proportionate number of authorized vehicle trips to each lot within the
Subdivision according to the following percentages: Lot 1 = 28.60%, Lot 2 = 14.28%,
Lots 3 - 10 = 7.14% each (the "Allocated Vehicle Trips). Thereafter, if development,
improvement, or use of any Lot causes or will cause that Lot to exceed its Allocated
Vehicle Trips, then that Lot will be solely responsible, at its sole cost and expense, for
any further CDOT access permit revisions and/or access construction requirements
prompted thereby. To determine whether a Lot has exceeded its Allocated Vehicle Trips,
the Association may commission a study to count the vehicle trips entering and exiting
the Lot(s) in question.
(d) Once the Association obtains the Updated CDOT Access Permit and the
eastbound left turn lane is constructed, and so long as development and use of each Lot
stays within the Allocated Vehicle Trips, then, based on the 2017 McDowell Traffic
Study, the Association does not anticipate that further revision to the Updated CDOT
Access Permit or additional construction upgrade to the Big R Road access will be
required. However, if any such CDOT permit or access upgrade is required
notwithstanding that all Lot Owners are in compliance with their Allocated Vehicle
Trips, then the costs of any such upgrade will be assessed by the Association to each Lot
in accordance with the Allocations on Exhibit C.
(e) The Owner of Lot 1 is responsible, at its sole cost and expense, for any
traffic counts, traffic studies, new/revised permits, and any improvements necessary to
comply with a new or amended permit providing access only to Lot 1.
12.03 Maintenance of Big R Road. Big R Road has been constructed as a public right-
of-way identified on the final plat as Big R Road to Garfield County standards for a minor
collector road. Actual average daily trips for a minor collector road cannot exceed 2,500. Lot
limitations for actual average daily trips on Big R Road are as follows: Lot 1-500; Lot 2-400;
Lots 3 through 10, inclusive-200 each. Once constructed, the Association has the right to conduct
periodic traffic counts to determine that the Lot limitations are observed and to take any action
necessary to enforce compliance with the limitations. The Association also shall maintain and
repair Big R Road. Maintenance services for which the Association shall be responsible include,
without limitation, snow and ice removal, sanding, resurfacing, striping, painting, and similar
services, as well as necessary landscaping. Expenses incurred pursuant to this Article XII shall
be allocated as stated on Exhibit C.
12.04 Maintenance of Easements. The Association shall maintain and repair the
Emergency Ingress/Egress as shown on the Plat as well as the Lot 9 well easement as necessary.
Maintenance services for which the Association shall be responsible shall include, without
limitation, snow and ice removal, sanding, resurfacing, striping, painting, and similar services, as
well as necessary landscaping.
Page 22
11111 ral/014lirkrIlI1ICH ritlia%Xi Aliiiiiivii 11111
Reception#: 935330
05/13/2020 02:23:07 PM Jean Rlberico
23 of 39 Rec Fee:5203.00 Doc Fee:0.00 GARFIELD COUNTY CO
12.05 Utilities. There is hereby established for the benefit of each Lot and all Lots
within the Subdivision nonexclusive, common and perpetual easements for the location of
utilities, including but not limited to water, sewer, electricity, gas, telephone, telecommunication,
and cable service. The location of such easements shall be in conformity with the Plat for the
Subdivision.
ARTICLE XIII
INSURANCE AND EMINENT DOMAIN
13.01 Insurance. All Owners shall keep and maintain fire and casualty insurance on all
Improvements upon their Lots to the full insurable value thereof, as well as public liability
insurance and such other lines of insurance as may be necessary and proper to insure the risks
associated with the activities upon an Owner's Lot.
13.02 Taking. If there is a complete taking of a Lot by any governmental body, then the
Owner of such Lot shall be excused from obligation under these covenants subsequent to the
taking. A partial taking that does not extinguish a Lot Owner's interest in a Lot shall have no
effect upon such Owner's rights and obligations hereunder.
ARTICLE XIV
RESERVED RIGHTS FOR LOTS 1 AND 2
The Owner(s) of Lot 1 and Lot 2 shall have the right to resubdivide such Lot or
condominiumize any buildings within Lot 1 and/or Lot 2 and incorporate within the Association
any such Lots or condominiums created. Any resubdivision or condominiumization shall comply
with the terms of this Amended Declaration of Covenants, Conditions and Restrictions and the
subdivision regulations of Garfield County then in effect, in accordance with Article 3 above.
ARTICLE XV
TERM AND AMENDMENT
15.01 Term. This Amended Declaration, including all covenants, conditions, and
restrictions hereof, shall run with and bind all property and interests therein that are a part of the
Subdivision for a period of twenty (20) years from the date hereof and thereafter shall be
renewed automatically from year to year unless sooner amended or terminated as hereinafter
provided.
15.02 Amendment. Notwithstanding the foregoing, this Amended Declaration may be
amended or terminated at any time by an instrument executed and acknowledged by Owners
evidencing the approval of no less than sixty-seven percent (67%) of all votes entitled to be cast
in the Association, and recorded with the Clerk and Recorder of Garfield County, Colorado,
provided, however, that the section 15.02 cannot be amended without the approval of the
Declarant (or an entity owned 50% or more by Declarant). Amendments made pursuant to the
provisions of this Article shall inure to the benefit and be binding upon all property and interests
therein that are part of the Subdivision. No amendment to the requirement of conforming to
Page 23
■!!I EifrdriNglaliriiIERWIIhl',M:fulmomri k Bo'
Reception#: 935330
05/13/2020 02:23:07 PM Jean Alberioo
24 of 39 Rec Fee:$203.00 Doc Fee:0.00 GARFIELD COUNTY CO
Garfield County zoning or conditions of subdivision approval may be made without the consent
of Garfield County.
ARTICLE XVI
ENFORCEMENT
16.01 Enforcement Powers and Procedures. These conditions, covenants, restrictions,
and reservations may be enforced, as provided hereinafter, by each Owner, as well as by the
Association acting for itself or on behalf of all Owners, and, as provided herein and otherwise in
the Association Documents. Each Owner, by acquiring an interest in a Lot, shall be conclusively
deemed to appoint irrevocably the Association as his or its attorney -in -fact for such purposes.
Violation of any condition, covenant, restriction, or reservation herein contained shall give to the
Association, and to the Owners, or any of them, the right to bring proceedings at law or in equity
against the party or parties violating or intending to violate any of the said covenants, conditions,
restrictions, and reservations, to enjoin them from so doing, to cause any such violation to be
remedied, or to recover damages resulting from such violation. In addition, violation of any such
covenants, conditions, restrictions, and reservations shall give to the Association acting as
attorney -in -fact for all Lot Owners the right to enter upon the premises on which the violation is
occurring or has occurred and abate, remove, modify, or replace at the expense of the Owner
thereof of any structure, thing, or condition that may exist thereon contrary to the intent and
meaning of the provisions hereof. Every act, omission to act, or condition that violates the
covenants, conditions, restrictions, and reservations herein contained shall constitute a nuisance
and every remedy available at law or in equity for the abatement of public or private nuisances
shall be available to the Owners and the Association. In any such, action to enforce those
covenants, the prevailing party shall be entitled to an award of reasonable attorneys' fees and
costs. Such remedies shall be cumulative and not exclusive. The failure of the Owners, or the
Association to enforce any of the conditions, covenants, restrictions, or reservations herein
contained shall in no event be deemed a waiver of the right to do so for subsequent violations or
of the right to enforce any other conditions, covenants, restrictions, or reservations, and the
Owners or the Association shall not be liable therefor.
ARTICLE XVII
MISCELLANEOUS PROVISIONS
17.01 Severability; Construction. Invalidation of any of these covenants or any
provision hereof by a court of competent jurisdiction shall not affect any of the other provisions
hereof which shall remain in full force and effect.
17.02 Government Regulations. If an applicable county, municipal, or other
governmental regulation, rule, code, ordinance, or law is more restrictive in any respect than
these covenants, it shall supersede these covenants and govern at all times.
17.03 Notices. All notices, requests, demands, consents, and other communications
pertaining to this Amended Declaration shall be transmitted in writing and shall be hand -
delivered or sent by U.S. First CIass mail, postage prepaid, to the addresses of the parties herein
set forth. All notices so given shall be considered effective upon hand -delivery or three (3) mail
Page 24
111111PL 1 a6 4iiin%0:11 i1F1:1414 h',V 11111
Reception#: 935330
05/13/2020 02:23:07 PM Jean Alberico
25 of 39 Rec Fee:5203.00 Doc Fee:0.00 GARFIELD COUNTY CO
delivery days after deposit in the United States mail with the proper address as set forth below.
Either party by notice so given may change the address to which future notices shall be sent.
Notice to Association:
Notice to Lot Owners:
The mailing address for the Big R Lot
Owners Association, Inc. then on
record with the Colorado Secretary of
State's Office
The mailing address of the Lot Owner then
on file with the Association
or on record with the Garfield County
Assessor for such Lot
17.04 Incorporation of Plat Notes. All notes, terms and conditions set forth on the
recorded Final Plat of the Subdivision are incorporated herein by reference. To the extent a
conflict arises between these covenants and the notes, terms and conditions of the final plat, the
notes, terms and conditions of the final plat shall control.
17.05 Covenants Run with the Land. The covenants, conditions and restrictions set forth
in this Amended Declaration shall run with the land described in Exhibit A, such being all of the
Lots within the Subdivision, and shall be binding upon and benefit all persons having or
acquiring any interest whatsoever in said real property or any part hereof, and shall inure to the
benefit of, be binding upon, and enforceable at Iaw or in equity, by each Owner and its
successors in interest and grantees, and the Association acting on behalf of all Owners.
IN WITNESS WHEREOF, this Amended Declaration is approved and adopted
pursuant to the Owner consents attached hereto as Exhibit D-1.
Big R Lot Owners Association, Inc.,
a Colorado nonprofit corporation
By:
Lowell Walter, President
STATE OF COLORADO )
) ss.
COUNTY OF )
The foregoing was acknowledged before me this day of ,
2019, by Lowell Walter, as President of Big R Lot Owners Association, Inc., a Colorado
nonprofit corporation.
Witness my hand and official seal. My commission expires:
Notary Public
Page 25
■ill P./11111011111141111,11,11L'ilill glF «1f# RA 11111
Reception#: 935330
05/13/2020 02:23:07 PM Jean Alberico
26 of 39 Rec Fee:$203.00 Doc Fee:0.00 GARFIELD COUNTY CO
LIST OF EXHIBITS
Exhibit A — Legal Description
Exhibit B — Septic System Maintenance
Exhibit C — Allocations
Exhibit D 1 — Consents
Exhibit D2 — Certificate of the Association
Page 26
11111ParilliNVINAlCalVAIIIMAINE11111
Reception#: 935330
05/13/2020 02:23:07 PM Jean A15arico
27 of 39 Rec Fee:$203.00 Doc Fee:0.00 GARFIELD COUNTY CO
Exhibit A
Legal Description
(Attached hereto)
■ii! l r rrnaniMF0i AMU I LiG41liy I! !iI
Reception#: 935330
05/1312020 02:23:07 PM Jean Alberioo
28 of 39 Rep Fee:$203.00 Doc Fee:0.00 GARFIELD COUNTY CO
Exhibit A
SurvCo, Inc.
Prvfes4 cal Land Sar+pvine Services
Lego! Description
Bit; R Commercial Park Subdivision
!l tract orient] bring situated in the Bast % of Section 11Township 6:Smith, Mange 93 West of
the 6th P.M., County of darfiold, State of Colorado, said enact of land being described bytnetes•
`and bounds as fo1kws:
Beginning at the Southwest comer of the S1i1/4NE1/4 of said Sution 11, said Southwest comer
beings standard monument and brass cap, PLS No. 9009 found in place; thence S.88°58'05" E.
302.16 feet along the South line of said SE1/4NE1/4 to a point on the Northerly Right of Way
line of Colorado plate Highway No. b; thence S.64°27'00"W.134O.79 foot along said Northerly
lei t of Way; thence deputing said Northerly Might of Way line N 01°O3'22"E. 599.98 ftict to a
_ point on iha'Southi line of the SWl14NB1/4 of said Section I1; thence S.8ifa58'05"E_ .103.04 feet
along the South line of said SW1/4NEI/4; thence departing said South line N.01°09'17
HR
1.318.1 feet to a point on the North line of said SW114NE1/4; (Mace along said North line
5.89°01`49" E. 792.09 feet to the Northeast corner of said SWI/4NE1/4; theme 5.01 °05'19"W.
1319.17 feet along the East line of said SW114NEI/4 to the point of Beginning. _
Said traotoi'land contains 32.26'acres.as de -son -bed,
•
•
Ph: (070) 004-9119
6560 Count/ Road No: 335, Unit No. 6
P.O.Box 028
NoW Castle, Co. U1647-0826
ErsraT1: sunreoaearthlnk.net Fa(970) 984-3993
1111
Reception#' 935330
05/13/2020 02:23:07 PM Jean Rlberico
29 of 39 Rec Fee:$203.00 Doc Fee:0.00 GARFIELD COUNTY CO
Exhibit B
Septic System Maintenance
(Attached hereto)
■III F.1lY1101l4111161,14 Wiling?! 1.1111 f"S1W k 11111
Reception#: 935330
05/13/2020 02:23:07 PM Jean Rlberlco
30 of 39 Rea Fee:$203.00 Doc Fee:0.00 GARFIELD COUNTY CO
1111MINIIIIIh ilAChdi: l tliiINI MIn 11111
Recepiton#: 935330
05/13/2020 02:23:07 PM Jean Rlbertco
31 of 39 Rec Fee:$203.00 Doc Fee:0.00 GARFIELD COUNTY CO
1
1
- d -'7 , n. (� gy
r7� 104 : p � qu a G 4y7D ° .Y
L LI O b O 0) 3 o 'd V 0- .a _ O •Cf
To g � V x .e VJ gl oOv 1.9
Ei .. V l.
a u. 5= I: tE.2m :.8 o :• z g o
5.'0rV
�.54 4 O 9E t.d y p V.op'0 •iG a a uqY €O. 201 ••, aMa ,=B ; Of o a a c e.u5 .pyo O 24
dfi
r ^rn "0 c..= Y. � .. - it F' �.
a y-A O2 _3; - 0 .yg
- - bL.
- o _'si,"05x cam_ b a ii -
r.g2 P. , ° a— S3a Fro' ao
N
F
u
N
1111 widminstomiLm to'
Reception#: 935330
0B113/2020 02:23:07 PM Jean RIberico
32 of 39 Rec Fee:$203.00 Dac Fee:0.00 GARFIELD COUNTY CO
Exhibit C
Allocations
Lot Number
Allocation
1
28.60%
2
14.28%
3
7.14%
4
7.14%
5
7.14%
6
7.14%
7
7.14%
8
7.14%
9
7.14%
10
7.14%
1111 MrdlliN14alJifilii 4I 111#IIfilfllitb1 1Ykh 11111
Reception#: 935330
05/13/2020 02:23:07 PM Jean Alberico
33 of 39 Rec Fee:$203.00 Dco Fee:0.00 GARFIELD COUNTY CO
Exhibit Di
Consents
(Attached hereto)
1111 firdIVIliil+ PD 11/4R1`II`ti1l ,11.1P"k ill #L 1Pl1d 11111
Reception#: 935330
05/13/2020 02:23:07 PM Jean Rlberico
34 of 39 Rec Fee:$203.00 Doc Fee:0.00 GARFIELD COUNTY CO
The foregoing Amended and Restated Declaration of Covenants, Conditions and
Restrictions for Big R Commercial Park was approved by the following owners of lots in
the Big R Commercial Park Subdivision, which owners comprise at least 67 percent of all
votes entitled to be cast in the Big R Lot Owners Association:
Owner of Lots 1, 3, 4, and 10 of Big R Commercial Park Subdivision:
By:
Rifle Real Estate Solutions Z, LLC
elan Bays ., Maria
STATE OF COLORADO )
) ss.
COUNTY OFfLO )
J 11, [ ���� 2019
Sworn to and subscribed before me this day of �(�'l,t=', by
Ian Bays as Manager of Riflef Real Estate Solutions I, LLC.
My commission expires _.U/ / 7 J V)l2
Witness my hand and official seal.
[SEAL]
SARAH BRAGER
Notary Public
State of Colorado
Notary ID # 20194039617
My Commission Expires 10-17-2023
Notary P ieli.c ; j
• lr101iI i 11111
Reception#: 935330
05/13!2020 02:23:07 PM Jean Alberico
35 of 39 Rec Fee:$203.00 Doc Fee:0.00 GARFIELD COUNTY CO
Owner of Lots 6, 7, and 8 of Big R Commercial Park Subdivision:
Rocky Mountain Bank
•
By: aALt.e/Ab_tePair)/-.
Mark Hendrickson, President
STATE OF WYOMING )
) ss.
COUNTY OF �. )
Sworn to and subscribed before me this 0 day of AM f/eyl/ } , 2019 by
Mark Hendrickson as President of Rocky Mountain Bank.
My commission expires a?
Witness my hand and official seal.
[SEAL]
CHERYLTOLAND — NOTARY PUBLIC
COUNTYOF STATEOF
LINCOLN R> WYOMING
MY COMMISSION EXPIRES A-1 -PR
■II1 r rl'il�"�ii'�� I�{�1�k� Mlu»��i�f�h1W ' h�,llii 1 !11
Reception#: 935330
05361ofl39ec203.00
290 2Fee:$:23;07 PM J0oo Fee:0.00 GARFIELD COUNTY CO
Owner of Lot 2 of Big R Commercial Park Subdivision:
Bebrem, LLC
By:
�
Name: Ja Lord, (/ ZIAH&c
Title: .41EA-c6Ert_
STATE OF COLORADO )
) ss.
COUNTY OF t.to )
Sworn to and subscribed before me this 12 day of NI 0,06 a 6 air , 2019 by
11J 4" as li-" 1 11rn)o$'+' of Bebrem, LLC.
My commission expires 10126 awl)
Witness my hand and official seal.
[SEAL]
L
Amer van io
Norm FLEW
STIR OF
=kW 1E4 2011
MY COMMISOON EXP(RES lira=
Notary Public
EN Ann!'molorognimottirmivivau,
Reception#: 935330
05/13/2020 02:23:07 PM Jean Rlberico
37 of 39 Rep Fee:$203.00 Doc Fee:0.00 GARFIELD COUNTY CO
Owner of Lot 5 of Big R Commercial Park Subdivision:
BWCM-Rifle LLC
By:
Name: 77IL V
Title: 1-14, (le;
STATE OF COLORADO )
) ss.
COUNTY OF \Kra-s )
Sworn to and subscribed before me this Son day of N OV t? t \'o r , 2019 by
pe 4-Cr S\naL0 as mCLnd,C n9 MembQi of BWCM-Rifle LLC.
My commission expires aSS ( _1 120 2-3 .
Witness my hand and official seal.
[SEAL]
CHELSEA MCGREW
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20194032822
MY COMMISSION EXPIRES 08/27/2023
Ckizlozn ilk;, w
Notary Public
1111 FarklEMNICRIIY11.1110/11011ANd, 11111
Reception#: 935330
05/13/2020 022307 PM Jean Alberico
38 of 39 Rec Fee:5203,00 Doc Fee10.00 GARFIELD COUNTY CO
Owner of Lot 9 ofIRg R ConirneriaI Park Subdivision:
Event Scaffold Resources, Inc.
By:
Name.
STATE OF COLORADO )
) $s.
COUNTY OFT; 4L3 tn_
1,P2-dc"
Sworn to and subscribed b me this LtiL" day of .t.bC-1.`01 L.4 afkilr by
_k
as Vtzt. on C11.11-e, Of Event Scaffold Resources.
My Ci'JMIniSSiOn expires it id '7 0 2 -{
Witness my hand and official seal.
[SEAL}
11111k1rdfilkilihrhfiff «W 11111
Reception#: 435330
05/13/2020 02:23:07 PM Jean Alberioo
39 of 39 Reo Fee:$203.00 Doc Fee:0.00 GRRFIELD COUNTY CO
Exhibit D2
CERTIFICATION OF THE SECRETARY OF THE ASSOCATION
I, Dan Markoya, Secretary of Big R Lot Owners Association, Inc., hereby certify that the
requisite number of votes were made in favor of amending and restating the declaration as
follows:
Owners: FOR: / 7 AGAINST:
Big R Lot Owners Association, Inc.,
a Colorado,lnonprofit corporation
. te:
Dan Markoya, Secretary
STATE OF COLORADO )
) ss
' COUNTY OF
The foregoing was acknowledged before me this day of OUf'.t'`IA�'2. ,
201:9, by Dan Markoya as Secretary of Big R Lot Owners Association, Inc., a Colorado nonprofit
corporation. .
Witness my hand and official seal.
My commission expires: O/( --7 /2.'23.
SAiAH BRAGER
Notary Publlo
State of Colorado
'Notary ID # 20194039617
My Commission Expires 10-17-2023
Notary Puk61ic