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Home My WebLink About1.00 General Application MaterialsCommunity Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.garfield-county.com DIVISIONS OF LAND APPLICATION FORM TYPE OF SUBDIVISION/EXEMPTION Minor Subdivision Preliminary Plan Amendment Major Subdivision Final Plat Amendment Sketch Preliminary Final Common Interest Community Subdivision Conservation Subdivision Public/County Road Split Exemption Yield Sketch Preliminary Final Rural Land Development Exemption Time Extension Basic Correction Exemption INVOLVED PARTIES Owner/Applicant Name: ________________________________________________ Phone: (______)_________________ Mailing Address: ______________________________________________________________________ City: _______________________________________ State: _______ Zip Code: ____________________ E-mail:_______________________________________________________________________________ Representative (Authorization Required) Name: ________________________________________________ Phone: (______)_________________ Mailing Address: ______________________________________________________________________ City: _______________________________________ State: _______ Zip Code: ____________________ E-mail:_______________________________________________________________________________ PROJECT NAME AND LOCATION Project Name: _____________________________________________________________________________________ Assessor’s Parcel Number: 2177-134-00-235 Physical/Street Address: ________________________________________________________________ Legal Description: ______________________________________________________________________ _____________________________________________________________________________________ Zone District: ___________________________________ Property Size (acres): __________________ Garfield County, GarCo Hangar Association and GarCo Premier Hangars, LLC 303 884 0605 43 Sunflower Loop Carbondale CO 81623 guggy4U@aol.com / jeff@tallyhoconstruction.com / eradler@tug-hillop.com GarCo Premier Hangars LLC and GarCo Hangar Association (pursuant to Master Lease with Garfield County)303 884 0605 43 Sunflower Loop Carbondale CO 81623 guggy4U@aol.com GarCo Hangar Association Hangar A and (use same a plat title) 375 County Road 352, Building #4010, Rifle, CO 81650 See Master Lease Parcel A-3. KRIL Airport PUD 78,905/SF or 1.81 Acres 4 DocuSign Envelope ID: F55C0B2D-8549-48FA-AF60-B6DF1ED24CEB Project Description Existing Use: __________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ Proposed Use (From Use Table 3-403): _____________________________________________________ Description of Project: __________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ Proposed Development Area Land Use Type # of Lots # of Units Acreage Parking Single Family Duplex Multi-Family Commercial Industrial Open Space Other Total REQUEST FOR WAIVERS Submission Requirements The Applicant requesting a Waiver of Submission Requirements per Section 4-202. List: Section: ______________________________ Section: _________________________________ Section: ______________________________ Section: _________________________________ Waiver of Standards The Applicant is requesting a Waiver of Standards per Section 4-118. List: Section: ______________________________ Section: _________________________________ Section: ______________________________ Section: _________________________________ I have read the statements above and have provided the required attached information which is correct and accurate to the best of my knowledge. ______________________________________________________ __________________________ Signature of Property Owner or Authorized Representative, Title Date OFFICIAL USE ONLY File Number: __ __ __ __ - __ __ __ __ Fee Paid: $_____________________________ Prior to hangar development, Parcel A-3 was undeveloped and open land. It was zoned as part of the airport land and as part of the airport master plan it was designated for hangar development. The project was given Certificate of Occupancy on Jan. 3, 2024 as a commercial hangar and for private use. The project will serve the needs of individual hangar owners for private aviation and storage of aircraft and related accessories and equipment. Hangar facility as part of Rifle Garfield County Airport. The project is a greenfield development of new corporate aviation hangars. Parcel A-3 will include 2 seperate buildings, one of which is completed and named the Alpha Building Phase I and the second building is to be constructed in the next 24 months and will be named the Bravo Building Phase II. The Alpha Building will include 5 seperate hangar units of different sizes and individual ownership. Both Alpha and Bravo units will be governed by the GarCo Hangar Association (HOA) 1 5 Alpha Units 1.81 Yes 1 5 1.81 Yes Improvements Agreement Waiver is requested DocuSign Envelope ID: F55C0B2D-8549-48FA-AF60-B6DF1ED24CEB 3/5/2024Managing partner GarCo Hangar Association (a Colorado not-profit-organization) GarCo Premier Hangars, LLC (Developer) Divisions of Land Application Form Submitted To: March 6, 2024 Table of Contents 1. Division of Land Application Form 2. Common Interest Community Subdivision Application and Supplemental Information 3. Schedule 1: Article 7 Standards, Division 1, 2 and 3 and the PUB Plan/Zoning 4. Exhibits: From: GarCo Premier Hangars, LLC (“GPH”) and GarCo Hangar Association, a Colorado not-for-profit organization (“GHA”) (collectively, “Applicant”) To: Garfield County Community Development (Glenn Hartmann and John Leybourne) County Attorney’s Office (Heather Beattie and Tyler McAnelly) Version: March 6, 2024 v_FINAL Title: Common Interest Community Subdivision Application and Supplemental Information Section 1: General Project Description. • No additional information requested. Section 2: Regulatory Provisions Applicant is Required to Address (applicable sections). • Section 5-306, Common Interest Community Subdivision Review A. Overview: Required approval of Plat and Declarations. RESPONSE: Applicant is simultaneously submitting a draft HOA condominium plat to Community Development and there are possible changes that could about. Applicant is working with Garfield County attorney’s office to finalize the HOA Declarations. Both are in process and will be finalized. B. Review Process: Condominium plat review. In process. C. Review Criteria: Required criteria. 1. The GPH and GHA project complies with the PUD designations. 2. GHA Declarations and Bylaws address the ongoing maintenance of the General Common Areas. i. References to Declarations: Section 4.14 (Assessments), Section 4.17 (Expenses), Section 4.19 (Owners Negligence), Section 7.05 (Soils, Revegetation and Weed Management), Section 7.07 (Maintenance), Section 7.08 (Snow Removal), Section 7.09 (Waste Removal), all of which are in line with the requirements set forth in the Parcel A-3 Master Lease and Airport Minimum Standards to ensure good keeping of the General Common Areas. ii. References to Bylaws: Bylaws have been written to grant the authorities to the Directors and Officers to conduct the HOA business in compliance with the Declarations, Airport Minimum Standards and Master Lease. 3. Improvements Agreement. GPH received a Certificate of Occupancy and all improvements have been completed. See C/O as Exhibit A . 4. Plat in Compliance with Article 7, Division 1, 2 and 3. i. See Schedule 1. 5. Easements for Water, Sewer, Utilities, and Access. i. Please see Exhibit B (Utility Department Letter) and Exhibit C, Page 43 plan set of drawings showing all water, sewer, utilities, and access. The Master Lease allows the Applicant the ability to access the property for water, sewer, utilities and access which essentially acts as a blanket easement on Parcel A-3 which is governed by the Master Lease. Additionally, see Certificate of Occupancy and city of Rifle Utility Letter as other supporting exhibits. 6. Party Wall Agreement. Not applicable. There are walls separating the individual hangar units. Please see HOA Declarations for how party walls are repaired and maintained. [NTD: Include clarity on party walls in Declarations for ongoing maintenance and repair of party walls]. 7. Condominium Plat – meets requirements of Section 5-402F, including vertical boundaries of each unit, horizontal boundaries, identification of each unit number, and location and dimensions of the common and limited common elements as defined in the Declarations. i. See final condominium plat. All items requested have been addressed. 8. Taxes on land are paid and certified by the County Treasurers office. i. Not applicable, but for sake of clarity; 1. Due to the property (land) being owned by Garfield County, it is exempt from property tax on the land. The leasehold including the building will have a possessory tax in 2025 for tax year 2024. As of now, there are no taxes due. Section 3: Review Process. • Items in list required to be submitted; 1. Property Owners within 200 Feet  See Exhibit D – Adjacent Property Owners 2. Mineral Owners on the subject property  See Exhibit E – Mineral Ownership Report (Common Wealth) • IN PROCESS Section 4: Submittal Requirements • Ownership Documentation and Title Information. 1. See Exhibit F. [NOTE: IN PROGRESS - Providing industry standard Schedule B for title commitment] • Lease Agreement. 1. See Exhibit G: Parce l A-3 Master Lease 2. See Exhibit G-1: Parcel A-3 Master Lease Amendment #1 • Title Commitments / Work for the Property. 1. See Exhibit F. [NOTE: IN PROGRESS - Providing industry standard Schedule B for title commitment] • Statement of Authority and Authorization to Represent. 1. GPH – Dan Guggenheim – See Exhibit H – Statement of Authorization 2. GPH – Jeff Parrington – See Exhibit I – Statement of Authorization 3. GHA – Evan Radler – See Exhibit J – Statement of Authorization 4. GHA – Dan Guggenheim – See Exhibit K – Statement of Authorization • Fee Payment and Payment Agreement form. 1. See attached check in the amount of $400.00 from GarCo Premier Hangers to Garfield County Treasurer. • Pre-Application Conference Summary. 1. See Exhibit L – Pre-Application Summary (from Garfield County) • Names and Addresses of Property Owners within 200 Feet of Parcel A-3. 1. See Exhibit D – List of Property Owners • Names and Addresses of Mineral Owners of Parcel A-3. 1. See Exhibit E – Mineral Ownership Report  IN PROGRESS • Vicinity Map. 1. See condo plat in upper lefthand corner. • Proposed Condominium Plat (Consistent with Section 5-402F). 1. See Exhibit M – Condominium Plat. (THIS IS THE LATEST DRAFT ATTACHED WHICH IS SUBJECT TO ADDITIONAL CHANGES.) • Improvements Agreement (waived upon request). 1. Requesting waiver as no additional improvements need to be made. • Water Supply Plan. 1. Please see Exhibit B (Utility Department Letter) and Exhibit C, Page 43 plan set of drawings showing all water, sewer, utilities, and access. The Master Lease allows the Applicant the ability to access the property for water, sewer, utilities and access which essentially acts as a blanket easement on Parcel A-3 which is governed by the Master Lease. Additionally, see Certificate of Occupancy and city of Rifle Utility Letter as other supporting exhibits. • Wastewater Management Plan. 1. Please see Exhibit B (Utility Department Letter) and Exhibit C, Page 43 plan set of drawings showing all water, sewer, utilities, and access. The Master Lease allows the Applicant the ability to access the property for water, sewer, utilities and access which essentially acts as a blanket easement on Parcel A-3 which is governed by the Master Lease. Additionally, see Certificate of Occupancy and city of Rifle Utility Letter as other supporting exhibits. • Proposed Covenants and Condominium Declarations. 1. See Exhibit N – GarCo Hangar Association Declarations (IN PROCESS – SEE THE LATEST DRAFT ATTACHED WHICH IS SUBJECT TO ADDITIONAL CHANGES.) • Statements or Documentations establishing consistent with all applicable provisions of Article 7, Division 1, 2 and 3 and the PUB Plan/Zoning. 1. See Schedule 1. • Waiver Request – Section 4-118. 1. Not applicable. 2. Certificate of Occupancy (Exhibit A) has been issued and all improvements are in place. • Waiver Request – Section 4-202. 1. GHA is not requesting this waiver and this section is not applicable. 2. The application demonstrates good cause and the information does not cause a thorough review. 3. Certificate of Occupancy (Exhibit A) has been issued and all improvements are in place. Section 5: Application Review. • No additional information requested. Section 6: Application Review Fees. • See attached check in the amount of $400.00 from GarCo Premier Hangers to Garfield County Treasurer. Section 7: General Application Processing. • No additional information requested. Miscellaneous and Supplementary Information. • Exhibit P – Engineering Drawings • Exhibit Q - Colorado River Fire Rescue - Plan Review • Exhibit R - Geotechnical Evaluation - Garfield County Airport Hangar • Exhibit S - Permit Submittal Documents - Final Document Letter • Exhibit T - Site Plan and Permit Drawings -07-06-22-Submittal Version: March 6, 2024 Schedule 1 Article 7 Standards, Division 1, 2 and 3 and the PUB Plan/Zoning Note 1: Contents of each item and subcategories have been individually or collectively addressed in the below responses. The responses mirror the outline of Article 7, Division 1, 2 and 3 published as of March 1, 2024. Note 2: All responses to inquiries and topics shown in bold italic font. DIVISION 1. GENERAL APPROVAL STANDARDS. 7-101. ZONE DISTRICT USE REGULATIONS • The GHA project is consistent with the PUD development plan and complies with Article 3 zoning rules, restrictions, and regulations. 7-102. COMPREHENSIVE PLAN AND INTERGOVERNMENTAL AGREEMENTS • The GHA project is consistent with the PUD development plan and complies with the Garfield County Comprehensive Plan and to our knowledge there is no intergovernmental agreement that applies. 7-103. COMPATIBILITY • The GHA project is a commercial hangar on an established airport. The proposed use is in compliance with adjacent land usage at the airport, including the nature, scale and intensity. 7-104. SOURCE OF WATER. A. BOCC Determination • The water supply is sourced from the City of Rifle. Please see City of Rifle Utilities department letter (Exhibit B) and consistent with the PUD development plan B. Determination of Adequate Water • The water supply is sourced from the City of Rifle. Please see City of Rifle Utilities department letter (Exhibit B) and consistent with the PUD development plan 7-105. CENTRAL WATER DISTRIBUTION AND WASTEWATER SYSTEMS A. Water Distribution Systems • Please see Exhibit B (Utility Department Letter) and Exhibit C, Page 43 plan set of drawings showing all water, sewer, utilities, and access. The Master Lease allows the Applicant the ability to access the property for water, sewer, utilities and access which essentially acts as a blanket easement on Parcel A-3 which is governed by the Master Lease. Additionally, see Certificate of Occupancy and City of Rifle Utility Letter as other supporting exhibits. Version: March 6, 2024 B. Wastewater Systems • Please see Exhibit B (Utility Department Letter) and Exhibit C, Page 43 plan set of drawings showing all water, sewer, utilities, and access. The Master Lease allows the Applicant the ability to access the property for water, sewer, utilities and access which essentially acts as a blanket easement on Parcel A-3 which is governed by the Master Lease. Additionally, see Certificate of Occupancy and City of Rifle Utility Letter as other supporting exhibits. 7-106. PUBLIC UTILITIES A. Adequate Public Utilities • Please see Exhibit B (Utility Department Letter) and Exhibit C, Page 43 plan set of drawings showing all water, sewer, utilities, and access. The Master Lease allows the Applicant the ability to access the property for water, sewer, utilities and access which essentially acts as a blanket easement on Parcel A-3 which is governed by the Master Lease. Additionally, see Certificate of Occupancy and City of Rifle Utility Letter as other supporting exhibits. B. Approval of Utility Easement by Utility Company • Please see Exhibit B (Utility Department Letter) and Exhibit C, Page 43 plan set of drawings showing all water, sewer, utilities, and access. The Master Lease allows the Applicant the ability to access the property for water, sewer, utilities and access which essentially acts as a blanket easement on Parcel A-3 which is governed by the Master Lease. Additionally, see Certificate of Occupancy and City of Rifle Utility Letter as other supporting exhibits. • Please see Exhibit N which is the Holy Cross (electric and gas easement) easement, which is signed by the County Administration. Filed of record. C. Utility Location • Please see Exhibit B (Utility Department Letter) and Exhibit C, Page 43 plan set of drawings showing all water, sewer, utilities, and access. The Master Lease allows the Applicant the ability to access the property for water, sewer, utilities and access which essentially acts as a blanket easement on Parcel A-3 which is governed by the Master Lease. Additionally, see Certificate of Occupancy and City of Rifle Utility Letter as other supporting exhibits. • Please see Exhibit N which is the Holy Cross (electric and gas easement) easement, which is signed by the County Administration. Filed of record. D. Dedication of Easements • All infrastructure is consistent with the PUD development plan. • Please see Exhibit B (Utility Department Letter) and Exhibit C, Page 43 plan set of drawings showing all water, sewer, utilities, and access. The Master Lease allows the Applicant the ability to access the property for water, sewer, utilities and access which Version: March 6, 2024 essentially acts as a blanket easement on Parcel A-3 which is governed by the Master Lease. Additionally, see Certificate of Occupancy and City of Rifle Utility Letter as other supporting exhibits. • Please see Exhibit N which is the Holy Cross (electric and gas easement) easement, which is signed by the County Administration. Filed of record. E. Construction and Installation of Utilities • All infrastructure is consistent with the PUD development plan. • All utilities were tested prior to issuance of Certificate of Occupancy (Exhibit A). • Please see Exhibit B (Utility Department Letter) and Exhibit C, Page 43 plan set of drawings showing all water, sewer, utilities, and access. The Master Lease allows the Applicant the ability to access the property for water, sewer, utilities and access which essentially acts as a blanket easement on Parcel A-3 which is governed by the Master Lease. Additionally, see Certificate of Occupancy and City of Rifle Utility Letter as other supporting exhibits. • Please see Exhibit N which is the Holy Cross (electric and gas easement) easement, which is signed by the County Administration. Filed of record. F. Conflicting Encumbrances • None 7-107. ACCESS AND ROADWAYS. A. Access to Public Right-of-Way. • The development site and access roads were pre-existing prior to the GPH project. The site access and associated roads into the airport are consistent with the PUD development plan. B. Safe Access • The development site and access roads were pre-existing prior to the GPH project. The site access and associated roads into the airport are consistent with the PUD development plan. C. Adequate Capacity • The development site and access roads were pre-existing prior to the GPH project. The site access and associated roads into the airport are consistent with the PUD development plan. D. Road Dedications • The development site and access roads were pre-existing prior to the GPH project. The site access and associated roads into the airport are consistent with the PUD development plan. E. Impacts Mitigated Version: March 6, 2024 • GPH paid an impact fee upon issuance of the building permit. • The development site and access roads were pre-existing prior to the GPH project. The site access and associated roads into the airport are consistent with the PUD development plan. F. Design Standards • All roadways, surfaces, curbs, gutters, sidewalks and associated infrastructure are consistent with the PUD development plan as well the Airport Minimum Standards. • As such, items such as street names, circulation, alignment, congestion, safety, erosion and drainage, emergency access, traffic control and lighting, and ditching was installed prior to the GPH project. • All items vetting and confirmed by issuance of the Certificate of Occupancy (Exhibit A). 7-108. USE OF LAND SUBJECT TO NATURAL HAZARDS • There is not a threat of natural hazards by use of the land and there is no current change of use to the land associated with the GPH project. • Airport property consistent with PUD development plan and all operations conducted in accordance with Airport Minimum Standards and Master Lease. 7-109. FIRE PROTECTION A. Adequate Fire Protection • GPH installed a full fire protection system which is in compliance with all design standards. • The fire protection system was assessed by Fire Marshal Orrin Moon and was deemed to be in full compliance. • See Exhibit A for Certificate of Occupancy. B. Subdivisions • N/A DIVISION 2. GENERAL RESOURCE PROTECTION STANDARDS 7-201. AGRICULTURAL LANDS A. No Adverse Effect to Agricultural Operations • The GPH project was developed on the existing KRIL airport property and in accordance with the Airport Minimum Standards which prohibit these types of activities. • The KRIL Airport lands do not provide the right to engage in agriculture operations or animals/livestock management. • Existing Airport facility property completed within its boundaries per airport rules and regulations. Version: March 6, 2024 • As such, there are no negative impacts on agriculture operations, animal controls, fences, roads, or water ditches. B. Domestic Animal Controls • The GPH project was developed on the existing KRIL airport property and in accordance with the Airport Minimum Standards which prohibit these types of activities. • The KRIL Airport lands do not provide the right to engage in agriculture operations or animals/livestock management. • Existing Airport facility property completed within its boundaries per airport rules and regulations. • As such, there are no negative impacts on agriculture operations, animal controls, fences, roads, or water ditches. C. Fences • The GPH project was developed on the existing KRIL airport property and in accordance with the Airport Minimum Standards which prohibit these types of activities. • The KRIL Airport lands do not provide the right to engage in agriculture operations or animals/livestock management. • Existing Airport facility property completed within its boundaries per airport rules and regulations. • As such, there are no negative impacts on agriculture operations, animal controls, fences, roads, or water ditches. D. Roads • The GPH project was developed on the existing KRIL airport property and in accordance with the Airport Minimum Standards which prohibit these types of activities. • The KRIL Airport lands do not provide the right to engage in agriculture operations or animals/livestock management. • Existing Airport facility property completed within its boundaries per airport rules and regulations. • As such, there are no negative impacts on agriculture operations, animal controls, fences, roads, or water ditches. E. Ditches • The GPH project was developed on the existing KRIL airport property and in accordance with the Airport Minimum Standards which prohibit these types of activities. • The KRIL Airport lands do not provide the right to engage in agriculture operations or animals/livestock management. • Existing Airport facility property completed within its boundaries per airport rules and regulations. • As such, there are no negative impacts on agriculture operations, animal controls, fences, roads, or water ditches. Version: March 6, 2024 7-202. WILDLIFE HABITAT AREAS • Not applicable. • The GPH project was developed at the KRIL airport site and there are no new impacts. The airport is fenced and has not impacted any migration patterns. A. Buffers • Not applicable. • The GPH project was developed at the KRIL airport site and there are no new impacts. The airport is fenced and has not impacted any migration patterns. B. Locational Controls of Land Disturbance • Not applicable. • The GPH project was developed at the KRIL airport site and there are no new impacts. The airport is fenced and has not impacted any land disturbance. C. Preservation of Native Vegetation • Not applicable. • The GPH project was developed at the KRIL airport site and there are no new impacts. The airport is fenced and has not impacted any native vegetation. D. Habitat Compensation • Not applicable. • The GPH project was developed at the KRIL airport site and there are no new impacts. The airport is fenced and has not impacted any habitats. E. Domestic Animal Controls • Not applicable. • The GPH project was developed at the KRIL airport site and there are no new impacts. The airport is fenced and has not impacted any domestic animal controls. 7-203. PROTECTION OF WATERBODIES A. Minimum Setback • The GPH project was developed in accordance with the Garfield County airport PUD requirements and Airport Minimum Standards. • Please see Exhibit A (Certificate of Occupancy) demonstrating compliance with all minimum setbacks. B. Structures Permitted In Setback • Please see Exhibit A (Certificate of Occupancy) demonstrating compliance with all structures permitted in setback. C. Structures and Activity Prohibited in Setback Version: March 6, 2024 • Please see Exhibit A (Certificate of Occupancy) demonstrating compliance with all structure and activity requirements. D. Compliance with State and Federal Laws • Please see Exhibit A (Certificate of Occupancy) demonstrating compliance with all minimum state and federal laws. 7-204 DRAINAGE AND EROSION. A. Erosion and Sedimentation • GPH project development site and access roads were pre-existing prior to the GPH project. The site access and associated roads into the airport are consistent with the PUD development plan. • GPH project is completed (Exhibit A) and has been restored to existing conditions surrounding the project. Any disturbed areas got revegetation. It has new zero scape areas that consist of rock in accordance with the airport minimum standards. B. Drainage • All roadways, surfaces, curbs, gutters, sidewalks and associated infrastructure are consistent with the PUD development plan as well as the Airport Minimum Standards. The surfaces are designed to create a positive drainage away from the structure and towards existing drainage pipes and culverts. C. Stormwater Run-Off • All roadways, surfaces, curbs, gutters, sidewalks and associated infrastructure are consistent with the PUD development plan as well as the Airport Minimum Standards. The site consists of existing drainage ditches where the water is being directed towards existing culverts and drainage pipes. 7-205. ENVIRONMENTAL QUALITY A. Air Quality • The GPH project was developed on the KRIL airport with utilities provided to the pre- existing site. As such, there was no land use change. B. Water Quality • Not applicable. There are no hazardous substances located on the GPH project site. 7-206. WILDFIRE HAZARDS A. Location Restrictions • The GPH project was developed on the KRIL airport which is not a designated high fire hazard land area. B. Development Does Not Increase Potential Hazard Version: March 6, 2024 • The GPH project was developed on the KRIL airport which is not a designated high fire hazard land area and is fenced completely. C. Roof Materials and Design • GPH is a steel building construction with all metal siding, roofing and trim. 7-207. NATURAL AND GEOLOGIC HAZARDS • Macro Comment: The GPH project is located on a developed property and the property is operated by Garfield County Airport. The foundation of the building was engineered to address Geotech or soil issues. A. Utilities The • GPH project is on a Developed property with no existing hazards. B. Development in Avalanche Hazard Areas • GPH project is on a Developed property with no existing hazards. C. Development in Landslide Hazard Areas • GPH project is on a Developed property with no existing hazards. D. Development in Rockfall Hazard Areas • GPH project is on a Developed property with no existing hazards. E. Development in Alluvial Fan Hazard Area • GPH project is on a Developed property with no existing hazards. F. Slope Development • GPH project is on a Developed property with no existing hazards. G. Development on Corrosive or Expansive Soils and Rock • The GPH project is located on a developed property and the property is operated by Garfield County Airport. The foundation of the building was engineered to address Geotech or soil issues. H. Development in Mudflow Areas • GPH project is on a Developed property with no existing hazards. I. Development Over Faults • GPH project is on a Developed property with no existing hazards. 7-208. RECLAMATION. A. Applicability Version: March 6, 2024 • GPH project development site and access roads were pre-existing prior to the GPH project. The site access and associated roads into the airport are consistent with the PUD development plan. B. Reclamation of Disturbed Areas • GPH project is completed (Exhibit A) and has been restored to existing conditions surrounding the project. Any disturbed areas got revegetation. It has new zero scape areas that consist of rock in accordance with the airport minimum standards. DIVISION 3. SITE PLANNING AND DEVELOPMENT STANDARDS 7-301. COMPATIBLE DESIGN. A. Site Organization • The GPH project does not require a land use change and is compatible with all pre- existing use of adjacent parcels. • GPH project is complete (see Exhibit A for Certificate of Occupancy) and was designed to meet all KRIL Airport Minimum and is consistent with the PUD development plan for the airport. B. Operational Characteristics • GPH project is completed (see Exhibit A for Certificate of Occupancy) and was designed to meet all KRIL Airport Minimum and is consistent with the PUD development plan for the airport. C. Buffering • GPH project is completed (see Exhibit A for Certificate of Occupancy) and was designed to meet all KRIL Airport Minimum and is consistent with the PUD development plan for the airport. • The project does not require any special buffering. D. Materials • GPH project is completed (see Exhibit A for Certificate of Occupancy) and was designed to meet all KRIL Airport Minimum and is consistent with the PUD development plan for the airport. • The building consists of metal siding roofing and trim to match all surrounding buildings a like. 7-302. OFF-STREET PARKING AND LOADING STANDARDS • Parking standards have been satisfied by virtue of Airport Minimum Standards, Airport PUD requirements, building permits, and there is adequate off-street parking. A. Off-Street Parking Required Version: March 6, 2024 • Parking standards have been satisfied by virtue of Airport Minimum Standards, Airport PUD requirements, building permits, and there is adequate off-street parking. B. Off-Street Loading Required • Parking standards have been satisfied by virtue of Airport Minimum Standards, Airport PUD requirements, building permits, and there is adequate off-street parking. C. Continuing Obligation • Parking standards have been satisfied by virtue of Airport Minimum Standards, Airport PUD requirements, building permits, and there is adequate off-street parking. • These standards will continue to be upheld by the HOA. D. Location of Required Parking Spaces • Parking standards have been satisfied by virtue of Airport Minimum Standards, Airport PUD requirements, building permits, and there is adequate off-street parking. E. Loading and Unloading • Loading and unloading standards have been satisfied by virtue of Airport Minimum Standards, Airport PUD requirements, building permits, and there is adequate off-street parking. F. Parking and Loading Area Surface • Parking and loading area standards have been satisfied by virtue of Airport Minimum Standards, Airport PUD requirements, building permits, and there is adequate off-street parking. • All parking surfaces are concrete hard scape surfaces suitable for loading and unloading and handicap accessible. G. Minimum Dimensions of Parking Areas • Parking standards have been satisfied by virtue of Airport Minimum Standards, Airport PUD requirements, building permits, and there is adequate off-street parking. • All parking surfaces are concrete hard scape surfaces suitable for loading and unloading and handicap accessible. H. Compact Car Spaces • Parking standards have been satisfied by virtue of Airport Minimum Standards, Airport PUD requirements, building permits, and there is adequate off-street parking. • All parking surfaces are concrete hard scape surfaces suitable for loading and unloading and handicap accessible. I. Minimum Dimensions of Loading Berths • Parking standards have been satisfied by virtue of Airport Minimum Standards, Airport PUD requirements, building permits, and there is adequate off-street parking. Version: March 6, 2024 • All parking surfaces are concrete hard scape surfaces suitable for loading and unloading and handicap accessible. J. Handicapped or Accessible Parking • Parking standards have been satisfied by virtue of Airport Minimum Standards, Airport PUD requirements, building permits, and there is adequate off-street parking. • All parking surfaces are concrete hard scape surfaces suitable for loading and unloading and handicap accessible per code and verified by issued CO (See Exhibit A). K. Unobstructed Access • Parking standards have been satisfied by virtue of Airport Minimum Standards, Airport PUD requirements, building permits, and there is adequate off-street parking. • All parking surfaces are concrete hard scape surfaces suitable for loading and unloading and handicap accessible per code and verified by issued CO (See Exhibit A). L. Tandem Parking • N/A per GPH development plan M. Backing Onto Public Streets Prohibited • N/A per GPH development plan N. Access Driveways • GPH project development site and access roads were pre-existing prior to the GPH project. The site access and associated roads into the airport are consistent with the PUD development plan. O. Parking and Loading Area Landscaping and Illumination • Parking standards have been satisfied by virtue of Airport Minimum Standards, Airport PUD requirements, building permits, and there is adequate off-street parking. All parking surfaces are concrete hard scape surfaces suitable for loading and unloading and handicap accessible. All lighting has complied with Airport PUD requirements which is down casting and lights all egress adequately. 7-303. LANDSCAPING STANDARDS A. General Standards • GPH project is completed (Exhibit A) and has been restored to existing conditions surrounding the project. • Any disturbed areas received revegetation. The project has new zero scape areas that consist of rock in accordance with the KRIL Airport Minimum Standards. Per such rules, there are very limited types of revegetation and landscaping allowed to avoid bird traffic and habits. B. Multi-Family Development Version: March 6, 2024 • N/A C. Subdivision, PUD, and Rural Land Development Exemption • N/A D. Plants Compatible with Local Conditions • Any disturbed areas received revegetation. The project has new zero scape areas that consist of rock in accordance with the KRIL Airport Minimum Standards. Per such rules, there are very limited types of revegetation and landscaping allowed to avoid bird traffic and habits. E. Existing Vegetation • Any disturbed areas received revegetation. The project has new zero scape areas that consist of rock in accordance with the KRIL Airport Minimum Standards. Per such rules, there are very limited types of revegetation and landscaping allowed to avoid bird traffic and habits. F. Minimum Size • No trees were planted per Airport PUD minimum standard requirements. G. Minimum Number of Trees and Shrubs • No trees were planted per Airport PUD minimum standard requirements. H. Parking and Storage Prohibited • The GPH project was developed in accordance with the Garfield County airport PUD requirements and Airport Minimum Standards. I. Clear Vision Area • The GPH project was developed in accordance with the Garfield County airport PUD requirements and Airport Minimum Standards. J. Landscaping Within Off-Street Parking Areas • The GPH project was developed in accordance with the Garfield County airport PUD requirements and Airport Minimum Standards. 7-304. LIGHTING STANDARDS • All lighting is complete and installed, in compliance with Airport Minimum Standards. A. Exterior Lighting Standards • The GPH project was developed in accordance with the Garfield County airport PUD requirements and Airport Minimum Standards. With down cast lighting to meet building codes and requirements. B. Greenhouses Version: March 6, 2024 • N/A 7-305. SNOW STORAGE STANDARDS A. Minimum Area • The GPH project was developed in accordance with the Garfield County airport PUD requirements and Airport Minimum Standards. With sufficient areas for snow storage in landscape areas. B. Storage in Parking Spaces Prohibited • The GPH project was developed in accordance with the Garfield County airport PUD requirements and Airport Minimum Standards. Snow storage can be utilized in landscape areas not designated parking areas or roadways. C. Storage in Yards and Open Space Permitted • The GPH project was developed in accordance with the Garfield County airport PUD requirements and Airport Minimum Standards. Snow storage can be utilized in landscape areas not designated parking areas or roadways D. Storage on Public Roadways Prohibited • The GPH project was developed in accordance with the Garfield County airport PUD requirements and Airport Minimum Standards. Snow storage can be utilized in landscape areas not designated parking areas or roadways. E. Drainage • GPH project development site and access roads were pre-existing prior to the GPH project. The site access and associated roads into the airport are consistent with the PUD development plan including existing drainage ditches. • The GPH project was developed in accordance with the Garfield County airport PUD requirements and Airport Minimum Standards. Snow storage can be utilized in landscape areas not designated parking areas or roadways. 7-306. TRAIL AND WALKWAY STANDARDS A. Recreational and Community Facility Access • The GPH project was developed on the existing KRIL airport property and in accordance with the Airport Minimum Standards which prohibit these types of activities. B. Safety • The GPH project was developed on the existing KRIL airport property and in accordance with the Airport Minimum Standards which prohibit these types of activities. C. Maintenance Version: March 6, 2024 • The GPH project was developed on the existing KRIL airport property and in accordance with the Airport Minimum Standards which prohibit these types of activities. Gurfield Counly CERTIFICATION OF MINERAL OWNER RESEARCH This form is to be completed ond submitted with any application for o Land Use Change Permit. Mineral interests may be severed from surface right interests in real property. C.R.S. S 24-65.5-1OL, et seq, requires notification to mineral owners when a landowner applies for an application for development from a local government. As such, the landowner must research the current owners of mineral interests for the property. The Garfield County Land Use and Development Code of 2OL3 ('LUDC") Section 4-101(EX1XbX4) requires written notice to owners of mineral interests in the subject property in accordance with C.R.S. 5 24-65.s-IOt, et seq, "as such owners can be identified through the records in the office of the Clerk and Recorder or Assessor, or through other means." This form is proof of applicant's compliance with the Colorado Revised Statutes and the LUDC. The undersigned applicant certifies that mineral owners have been researched for the subject property as required pursuant to C.R.S. S 24-65.5-10L, et seq, and Section 4-101 (EXlXbX4) of the Garfield County Land Use and Development Code, as amended. As a result of that research, the undersigned applicant certifies the folfowing (Piease initiol on the bldnk line next to the stotement that occurately reflects the result ol research): _ I own the entire mineral estate relative to the subject property; or - Minerals are owned by the parties listed below: The names and addresses of any/all mineral owners identified are provided below (attach additional pages as necessary): Name of Mineral Owner Mailing Address of Mineral Owner I acknowledge I reviewed C.R.S. I 24-65.5-101, et seq, and I am in compliance with said statute and the tUDC. Applicant's Signature Date Exhibit E X Garfield County Board of County Commissioners 3/14/2024 DocuSign Envelope ID: D4058DE9-0086-483D-BD7B-11CDE828CF16 Glenwood Springs Branch 1322 Grand Avenue Glenwood Springs, Colorado 81601 Telephone: (970) 945-4444 Facsimile: (970) 945-4449 March 14, 2024 Rifle, Colorado 81650 Re: Mineral Owners (A portion of Parcel No. 2117 134 00 205) Hello Evan: We examined title to the minerals as reflected in recorded documents in the Garfield County Clerk and Recorder’s Office for the real property to be platted as the following parcel: Hangar # A-1, A-2, A-3, A-4 and A-5 Garco Hangar Association Condominium Plat According to the plat thereof recorded _________ as Reception No. _____________ and described in Declaration of covenants, conditions and restrictions for Garco Hangar Association recorded __________ as Reception No. _____________. As appears from the recorded documents in the Garfield County Clerk and Recorder’s Office we examined for the above described parcel, and subject to reservations, exceptions and conditions contained in the United States Patent, easements, rights of way, liens, encumbrances, rights of parties in possession, liens, if any, of mechanics and materialmen, zoning and subdivision regulations, and any state of facts which an accurate survey would disclose, title to the minerals is vested in the following: Mineral Rights Owner Garfield County Board of County Commissioners Although we deem this information to be reliable, is not to be construed as an abstract of title, nor an opinion or guaranty of title, and the Companies liability is limited to the amount paid for the mineral examination. The effective date of this mineral owner search is March 7, 2024. Sincerely, Patrick P. Burwell Patrick P. Burwell Commonwealth Title Company of Garfield County, Inc. 127 East 5th Street Rifle, Colorado 81650 Telephone: (970) 625-3300 Facsimile: (970) 625-3305 American Land Title Association Commitment for Title Insurance 2021 v. 01.00 (07-01-2021) This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Commonwealth Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I – Requirements; and Schedule B, Part II – Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 2021 American Land Title Association. All rights reserved.Page 1 of 9 The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Page 1 of 9 ALTA COMMITMENT FOR TITLE INSURANCE issued by COMMONWEALTH LAND TITLE INSURANCE COMPANY NOTICE IMPORTANT – READ CAREFULLY: THIS COMMITMENT IS AN OFFER TO ISSUE ONE OR MORE TITLE INSURANCE POLICIES. ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COMPANY INVOLVING THE CONTENT OF THIS COMMITMENT OR THE POLICY MUST BE BASED SOLELY IN CONTRACT. THIS COMMITMENT IS NOT AN ABSTRACT OF TITLE, REPORT OF THE CONDITION OF TITLE, LEGAL OPINION, OPINION OF TITLE, OR OTHER REPRESENTATION OF THE STATUS OF TITLE. THE PROCEDURES USED BY THE COMPANY TO DETERMINE INSURABILITY OF THE TITLE, INCLUDING ANY SEARCH AND EXAMINATION, ARE PROPRIETARY TO THE COMPANY, WERE PERFORMED SOLELY FOR THE BENEFIT OF THE COMPANY, AND CREATE NO EXTRACONTRACTUAL LIABILITY TO ANY PERSON, INCLUDING A PROPOSED INSURED. THE COMPANY’S OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE A POLICY TO A PROPOSED INSURED IDENTIFIED IN SCHEDULE A IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF THIS COMMITMENT. THE COMPANY HAS NO LIABILITY OR OBLIGATION INVOLVING THE CONTENT OF THIS COMMITMENT TO ANY OTHER PERSON. COMMITMENT TO ISSUE POLICY Subject to the Notice; Schedule B, Part I – Requirements; Schedule B, Part II – Exceptions; and the Commitment Conditions, Commonwealth Land Title Insurance Company, a(n) Florida corporation (the “Company”), commits to issue the Policy according to the terms and provisions of this Commitment. This Commitment is effective as of the Commitment Date shown in Schedule A for each Policy described in Schedule A, only when the Company has entered in Schedule A both the specified dollar amount as the Proposed Amount of Insurance and the name of the Proposed Insured. If all of the Schedule B, Part I – Requirements have not been met within 180 days after the Commitment Date, this Commitment terminates and the Company’s liability and obligation end. COMMITMENT CONDITIONS 1.DEFINITIONS a. “Discriminatory Covenant”: Any covenant, condition, restriction, or limitation that is unenforceable under applicable law because it illegally discriminates against a class of individuals based on personal characteristics such as race, color, religion, sex, sexual orientation, gender identity, familial status, disability, national origin, or other legally protected class. b. “Knowledge” or “Known”: Actual knowledge or actual notice, but not constructive notice imparted by the Public Records. c. “Land”: The land described in Item 5 of Schedule A and improvements located on that land that by State law constitute real property. The term “Land” does not include any property beyond that described in Schedule A, nor any right, title, interest, estate, or easement in any abutting street, road, avenue, alley, lane, right-of-way, body of water, or waterway, but does not modify or limit the extent that a right of access to and from the Land is to be insured by the Policy. d. “Mortgage”: A mortgage, deed of trust, trust deed, security deed, or other real property security instrument, including one evidenced by electronic means authorized by law. e. “Policy”: Each contract of title insurance, in a form adopted by the American Land Title Association, issued or to be issued by the Company pursuant to this Commitment. f. “Proposed Amount of Insurance”: Each dollar amount specified in Schedule A as the Proposed Amount of Insurance of each Policy to be issued pursuant to this Commitment. g. “Proposed Insured”: Each person identified in Schedule A as the Proposed Insured of each Policy to be issued pursuant to this Commitment. American Land Title Association Commitment for Title Insurance 2021 v. 01.00 (07-01-2021) This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Commonwealth Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I – Requirements; and Schedule B, Part II – Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 2021 American Land Title Association. All rights reserved.Page 2 of 9 The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Page 2 of 9 h. “Public Records”: The recording or filing system established under State statutes in effect at the Commitment Date under which a document must be recorded or filed to impart constructive notice of matters relating to the Title to a purchaser for value without Knowledge. The term “Public Records” does not include any other recording or filing system, including any pertaining to environmental remediation or protection, planning, permitting, zoning, licensing, building, health, public safety, or national security matters. i. “State”: The state or commonwealth of the United States within whose exterior boundaries the Land is located. The term “State” also includes the District of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, and Guam. j. “Title”: The estate or interest in the Land identified in Item 3 of Schedule A. 2.If all of the Schedule B, Part I – Requirements have not been met within the time period specified in the Commitment to Issue Policy, this Commitment terminates and the Company’s liability and obligation end. 3.The Company’s liability and obligation is limited by and this Commitment is not valid without: a. the Notice; b. the Commitment to Issue Policy; c. the Commitment Conditions; d. Schedule A; e. Schedule B, Part I – Requirements; f. Schedule B, Part II – Exceptions; and g. a counter-signature by the Company or its issuing agent that may be in electronic form. 4.COMPANY’S RIGHT TO AMEND The Company may amend this Commitment at any time. If the Company amends this Commitment to add a defect, lien, encumbrance, adverse claim, or other matter recorded in the Public Records prior to the Commitment Date, any liability of the Company is limited by Commitment Condition 5. The Company is not liable for any other amendment to this Commitment. 5.LIMITATIONS OF LIABILITY a. The Company’s liability under Commitment Condition 4 is limited to the Proposed Insured’s actual expense incurred in the interval between the Company’s delivery to the Proposed Insured of the Commitment and the delivery of the amended Commitment, resulting from the Proposed Insured’s good faith reliance to: i. comply with the Schedule B, Part I – Requirements; ii. eliminate, with the Company’s written consent, any Schedule B, Part II – Exceptions; or iii. acquire the Title or create the Mortgage covered by this Commitment. b. The Company is not liable under Commitment Condition 5.a. if the Proposed Insured requested the amendment or had Knowledge of the matter and did not notify the Company about it in writing. c. The Company is only liable under Commitment Condition 4 if the Proposed Insured would not have incurred the expense had the Commitment included the added matter when the Commitment was first delivered to the Proposed Insured. d. The Company’s liability does not exceed the lesser of the Proposed Insured’s actual expense incurred in good faith and described in Commitment Condition 5.a. or the Proposed Amount of Insurance. e. The Company is not liable for the content of the Transaction Identification Data, if any. f. The Company is not obligated to issue the Policy referred to in this Commitment unless all of the Schedule B, Part I – Requirements have been met to the satisfaction of the Company. g. The Company’s liability is further limited by the terms and provisions of the Policy to be issued to the Proposed Insured. 6.LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT; CHOICE OF LAW AND CHOICE OF FORUM a. Only a Proposed Insured identified in Schedule A, and no other person, may make a claim under this Commitment. American Land Title Association Commitment for Title Insurance 2021 v. 01.00 (07-01-2021) This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Commonwealth Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I – Requirements; and Schedule B, Part II – Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 2021 American Land Title Association. All rights reserved.Page 3 of 9 The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Page 3 of 9 b. Any claim must be based in contract under the State law of the State where the Land is located and is restricted to the terms and provisions of this Commitment. Any litigation or other proceeding brought by the Proposed Insured against the Company must be filed only in a State or federal court having jurisdiction. c. This Commitment, as last revised, is the exclusive and entire agreement between the parties with respect to the subject matter of this Commitment and supersedes all prior commitment negotiations, representations, and proposals of any kind, whether written or oral, express or implied, relating to the subject matter of this Commitment. d. The deletion or modification of any Schedule B, Part II – Exception does not constitute an agreement or obligation to provide coverage beyond the terms and provisions of this Commitment or the Policy. e. Any amendment or endorsement to this Commitment must be in writing and authenticated by a person authorized by the Company. f. When the Policy is issued, all liability and obligation under this Commitment will end and the Company’s only liability will be under the Policy. 7.IF THIS COMMITMENT IS ISSUED BY AN ISSUING AGENT The issuing agent is the Company’s agent only for the limited purpose of issuing title insurance commitments and policies. The issuing agent is not the Company’s agent for closing, settlement, escrow, or any other purpose. 8.PRO-FORMA POLICY The Company may provide, at the request of a Proposed Insured, a pro-forma policy illustrating the coverage that the Company may provide. A pro-forma policy neither reflects the status of Title at the time that the pro-forma policy is delivered to a Proposed Insured, nor is it a commitment to insure. 9.CLAIMS PROCEDURES This Commitment incorporates by reference all Conditions for making a claim in the Policy to be issued to the Proposed Insured. Commitment Condition 9 does not modify the limitations of liability in Commitment Conditions 5 and 6. 10.CLASS ACTION ALL CLAIMS AND DISPUTES ARISING OUT OF OR RELATING TO THIS COMMITMENT, INCLUDING ANY SERVICE OR OTHER MATTER IN CONNECTION WITH ISSUING THIS COMMITMENT, ANY BREACH OF A COMMITMENT PROVISION, OR ANY OTHER CLAIM OR DISPUTE ARISING OUT OF OR RELATING TO THE TRANSACTION GIVING RISE TO THIS COMMITMENT, MUST BE BROUGHT IN AN INDIVIDUAL CAPACITY. NO PARTY MAY SERVE AS PLAINTIFF, CLASS MEMBER, OR PARTICIPANT IN ANY CLASS OR REPRESENTATIVE PROCEEDING. ANY POLICY ISSUED PURSUANT TO THIS COMMITMENT WILL CONTAIN A CLASS ACTION CONDITION. 11.ARBITRATION The Policy contains an arbitration clause. All arbitrable matters when the Proposed Amount of Insurance is $2,000,000 or less may be arbitrated at the election of either the Company or the Proposed Insured as the exclusive remedy of the parties. A Proposed Insured may review a copy of the arbitration rules at http://www.alta.org/arbitration. American Land Title Association Commitment for Title Insurance 2021 v. 01.00 (07-01-2021) This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Commonwealth Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I – Requirements; and Schedule B, Part II – Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 2021 American Land Title Association. All rights reserved.Page 4 of 9 The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Page 4 of 9 COMMONWEALTH LAND TITLE INSURANCE COMPANY P.O. Box 45023, Jacksonville, FL 32232-5023 By: Michael J, Nolan, President By: Marjorie Nemzura, Secretary American Land Title Association Commitment for Title Insurance 2021 v. 01.00 (07-01-2021) This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Commonwealth Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I – Requirements; and Schedule B, Part II – Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 2021 American Land Title Association. All rights reserved.Page 5 of 9 The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Page 5 of 9 Transaction Identification Data, for which the Company assumes no liability as set forth in Commitment Condition 5.e.: Issuing Agent: Commonwealth Title Company of Garfield County, Inc. Issuing Office: 127 East 5th Street Rifle, CO 81650 Issuing Office’s ALTA® Registry ID: 1038730 Loan ID Number: Commitment Number: 2024-03-37 Issuing Office File Number: 2024-03-37 Property Address: Parcel 211713400205, Rifle, CO 81650 Revision Number: SCHEDULE A 1.Commitment Date: March 5, 2024 8:00 AM 2.Policy to be issued: (a) 2021 ALTA Owner's Policy Proposed Insured: Proposed Amount of Insurance:$ The estate or interest to be insured:leasehold (b) 2021 ALTA Loan Policy Proposed Insured: Proposed Amount of Insurance:$ The estate or interest to be insured:leasehold 3.The estate or interest in the Land at the Commitment Date is: leasehold 4.The Title is, at the Commitment Date, vested in: Garfield County Board of County Commissioners 5.The land is described as follows: The land is described as set forth in Exhibit A attached hereto and made a part hereof. COMMONWEALTH TITLE COMPANY OF GARFIELD COUNTY, INC. 127 East 5th Street, Rifle, CO 81650 Telephone: (970) 625-3300 Countersigned by: Patrick P. Burwell, License #153719 Commonwealth Title Company of Garfield County, Inc., License #292895 COMMONWEALTH LAND TITLE INSURANCE COMPANY P.O. Box 45023, Jacksonville, FL 32232-5023 By: Michael J, Nolan, President By: Marjorie Nemzura, Secretary American Land Title Association Commitment for Title Insurance 2021 v. 01.00 (07-01-2021) This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Commonwealth Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I – Requirements; and Schedule B, Part II – Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 2021 American Land Title Association. All rights reserved.Page 6 of 9 The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Page 6 of 9 SCHEDULE B, PART I – Requirements All of the following Requirements must be met: 1. The Proposed Insured must notify the Company in writing of the name of any party not referred to in this Commitment who will obtain an interest in the Land or who will make a loan on the Land. The Company may then make additional Requirements or Exceptions. 2. Pay the agreed amount for the estate or interest to be insured. 3. Pay the premiums, fees, and charges for the Policy to the Company as set forth below: Informational Commitment: $1,250.00 4. Recordation of a good and sufficient plat of said Condominium. 5. Recordation of Declaration of covenants, conditions and restrictions for Garco Hangar Association. 6. This is an informational only commitment and no policy will be issued hereunder. 7. Receipt of satisfactory Improvement Survey Plat certified to the Company (i) prepared from an on-the-ground inspection by a registered land surveyor licensed in the State of Colorado; (ii) currently dated, showing the location of the Property and all improvements, fences, easements, roads, rights-of-way and encroachments or other matters identified in Schedule B - Section 2 of this Commitment, to the extent such matters are capable of being shown, (iii) containing a legal description of the boundaries of the Property by metes and bounds or other appropriate legal description; and (iv) meeting the criteria of Colorado Revised Statute 38-51-102(9), as amended, for an Improvement Survey Plat. American Land Title Association Commitment for Title Insurance 2021 v. 01.00 (07-01-2021) This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Commonwealth Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I – Requirements; and Schedule B, Part II – Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 2021 American Land Title Association. All rights reserved.Page 7 of 9 The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Page 7 of 9 SCHEDULE B, PART II – Exceptions Some historical land records contain Discriminatory Covenants that are illegal and unenforceable by law. This Commitment and the Policy treat any Discriminatory Covenant in a document referenced in Schedule B as if each Discriminatory Covenant is redacted, repudiated, removed, and not republished or recirculated. Only the remaining provisions of the document will be excepted from coverage. The Policy will not insure against loss or damage resulting from the terms and conditions of any lease or easement identified in Schedule A, and will include the following Exceptions unless cleared to the satisfaction of the Company: 1. Rights or claims of parties in possession, not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage of area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Any defect, lien, encumbrance, adverse claim, or other matter that appears for the first time in the Public Records or is created, attached, or is disclosed between the Commitment Date and the date on which all of the Schedule B, Part I—Requirements are met. 6. Any and all unpaid taxes, assessments and unredeemed tax sales. 7. Any lien or charge on account of the inclusion of subject property in an improvement district. 8. Any and all water rights, claims, or title to water, whether or not the matters excepted are shown by the public record. 9. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted and a right of way for ditches or canals as constructed by the authority of the United States, as reserved in United States Patent recorded on August 8, 1910 as Instrument #40032 in the official records 10. Unrecorded rules and regulations and minimum standards for aeronautical activities adioted by the Garfield County BOCC, as amended from time to time. 11. Unrecorded applicable laws, regulations and rules of the Federal Aviation Agency (FAA). 12. Easement and right of way as described in document recorded on June 18, 2008 as Instrument #750684 in the official records 13. Terms, conditions and all matters set forth in Resolution recorded on March 22, 2016 as Instrument #875062 in the official records 14. Terms, conditions and all matters set forth in Resolution recorded on March 22, 2016 as Instrument #875063 in the official records American Land Title Association Commitment for Title Insurance 2021 v. 01.00 (07-01-2021) This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Commonwealth Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I – Requirements; and Schedule B, Part II – Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 2021 American Land Title Association. All rights reserved.Page 8 of 9 The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Page 8 of 9 15. Terms, conditions and all matters set forth in Resolution recorded on March 22, 2016 as Instrument #875064 in the official records 16. Terms, conditions and all matters set forth in Resolution recorded on March 22, 2016 as Instrument #875065 in the official records 17. Easement and right of way as described in document recorded on September 29, 2023 as Instrument #990028 in the official records 18. Rights of tenants in possession under unrecorded leases. 19. Terms and conditions of Commercial Hangar Land Lease and Operating Agreement recorded on January 21, 2022 as Instrument #969906 in the official records Amended recorded on March 5, 2024 as Instrument #994047 in the official records American Land Title Association Commitment for Title Insurance 2021 v. 01.00 (07-01-2021) This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Commonwealth Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I – Requirements; and Schedule B, Part II – Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 2021 American Land Title Association. All rights reserved.Page 9 of 9 The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Page 9 of 9 EXHIBIT “A” The Land referred to herein below is situated in the County of Garfield, State of Colorado, and is described as follows: Hangar # A-1, A-2, A-3, A-4 and A-5 Garco Hangar Association condominium Plat According to the plat thereof recorded _________ as Reception No. _____________ and described in Declaration of covenants, conditions and restrictions for Garco Hangar Association recorded __________ as Reception No. _____________ Garfield County Exhibit A City of Rifle, Colorado Utility Department To whom it may concern, This letter is to verify that the existing water and wastewater utilities at the Rifle Garfield County Airport are adequate to support the addition of a new hangar. Should you have any additional questions or needs please contact me at 970-665-6599 or rburns@rifleco.org Robert P. Burns Utility Director City of Rifle – Utility Department Exhibit B Properties within the 200 feet limit adjacent to Parcel A-3. Parcel # Address Owner 217713100302 3879 346 Brenna, Andrew & County Road Sarah Marie Rifle CO 81650 217713100303 312 AABC Suite A Airport land Aspen CO 81611-2568 Partners Limited 217713200118 312 AABC Suite A Airport Land Aspen CO 81611-2568 Partners Limited Exhibit D Gurfield Counly CERTIFICATION OF MINERAL OWNER RESEARCH This form is to be completed ond submitted with any application for o Land Use Change Permit. Mineral interests may be severed from surface right interests in real property. C.R.S. S 24-65.5-1OL, et seq, requires notification to mineral owners when a landowner applies for an application for development from a local government. As such, the landowner must research the current owners of mineral interests for the property. The Garfield County Land Use and Development Code of 2OL3 ('LUDC") Section 4-101(EX1XbX4) requires written notice to owners of mineral interests in the subject property in accordance with C.R.S. 5 24-65.s-IOt, et seq, "as such owners can be identified through the records in the office of the Clerk and Recorder or Assessor, or through other means." This form is proof of applicant's compliance with the Colorado Revised Statutes and the LUDC. The undersigned applicant certifies that mineral owners have been researched for the subject property as required pursuant to C.R.S. S 24-65.5-10L, et seq, and Section 4-101 (EXlXbX4) of the Garfield County Land Use and Development Code, as amended. As a result of that research, the undersigned applicant certifies the folfowing (Piease initiol on the bldnk line next to the stotement that occurately reflects the result ol research): _ I own the entire mineral estate relative to the subject property; or - Minerals are owned by the parties listed below: The names and addresses of any/all mineral owners identified are provided below (attach additional pages as necessary): Name of Mineral Owner Mailing Address of Mineral Owner I acknowledge I reviewed C.R.S. I 24-65.5-101, et seq, and I am in compliance with said statute and the tUDC. Applicant's Signature Date Exhibit E PLACEHOLDERMINERAL OWNERHSIP REPORTIN PROGRESS Exhibit F Ownership / Title / Schedule B Abstract Pending Completion - In Progress Exhibit G Exhibit G-1 Recorded version sent to Com. Develop Exhibit H Recorded version sent to Com. Develop Exhibit I Exhibit J Recorded version sent to Com. Develop Recorded version sent to Com. Develop Exhibit K Exhibit L Exhibit M Next Version Parcel A3 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF GARCO PREMIER HANGARS at RIFLE GARFIELD COUNTY AIRPORT NOTICES: 1. The Units are located on real property under a ground Master Lease (as herein defined) from the Board of County Commissioners of Garfield County, Colorado, (the “County”), as master lessor, to GarCo Premier Hangars, LLC, a Colorado limited liability company (“Original Tenant” or “Developer”) and GarCo Hangar Association, a Colorado non- profit corporation (“GHA” or the “Association”), jointly and severally as master lessee, portions of which portions thereof arewill be in turn subleased to persons who will ownhold the leasehold interest in Hangars/Units located on such property. 2. All title and rights to use of the Units and Common Elements will terminate and title to the improvements will vest in the County when the ground Master Lease terminates, unless extended or otherwise modified, in writing. 3. All use of the real property and the Units is subject to the terms of the ground Master Lease, Rifle Garfield County Airport (“RIL”) rules and regulations, minimum standards for aeronautical activities, as amended, this Declaration of Covenants, Conditions and Restrictions of Garco Premier Hangars, as may be amended in accordance with its terms, and all other applicable GHA rules and regulations, as amended. 4. In addition to the provisions set forth herein, any and all occupancy and use of the Hangars and/or Units identified herein is subject to the Federal Aviation Administration (“FAA”), State of Colorado, Garfield County, and RIL rules and regulations and minimum standards for aeronautical activities. THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF GARCO PREMIER HANGARS (“Declaration”) is made the _____ day of _______, 20243, (“Effective Date”) by GarCo Premier Hangars, LLC, a Colorado limited liability company (“the Developer and the Association (collectively the “Declarant”). RECITALS A. Declarant is the lesseeA. Declarant is the Llessees under that certain Commercial Hangar Land Lease and Operating Agreement, dated January 20, 2022, recorded in the real property records of Garfield County at Reception No. 969906 (as amended, the “Master Lease”) of certain real property located within the boundaries of the Rifle Garfield County Airport, Garfield County, Colorado, which is legally described in the attached and incorporated Exhibit A (the “Property”), and”). Developer has constructed one or more buildings on the Property. Exhibit N Page 2 of 32 B. Declarant wishes to establish a planned community for aircraft hangars on the Property (the “Project”), and to impose a general plan for the improvement, development and maintenance of the Project, and to adopt and establish covenants, conditions and restrictions upon the Project for the purpose of enhancing, maintaining and protecting the value and desirability of the units and common elements comprising the Project. C. Declarant deems it desirable to set aside a portion of the Project as common elementsCommon Elements for the use of the owners of unitsUnits within the Project, and has established the Association as a Colorado nonprofit corporation to which such common elements shall be conveyed. D. Each owner of a GHA individual Hangar or Unit owns a leasehold interest in the interior airspace of their unitUnit (as further described in this Declaration) and is a Member of GHA, which shall be the owner of all of the common elements.Common Elements. D.E. All title and rights to use the Units and Common Elements will terminate and title to the improvements will vest in the County when the Master Lease terminates, unless extended or otherwise modified, in writing. THEREFORE, Declarant covenants, agrees and declares that the Project is a non- residential planned community, as defined in the Colorado Common Interest Ownership Act, that shall be held, sold, conveyed, encumbered, leased, used, occupied and improved subject to the following limitations, restrictions, easements, covenants, conditions, reservations, liens and charges described in this Declaration, all of which are declared and agreed to be in furtherance of a general plan for the improvement and maintenance of the Project. All of the limitations, restrictions, easements, covenants, conditions, liens and charges shall run with the land, shall be binding upon and inure to the benefit of all parties having or acquiring any right, title or interest in the Project or any part of it and the successors in interest of such parties, and are imposed upon the Project and every part of it as equitable servitudes that may be enforced by Declarant, its successors and assigns, each unitUnit owner, his or her successors and assigns, or by the Association, its successors and assigns. ARTICLE l DEFINITIONS Section 1.01. “Airport” means the Rifle Garfield County Airport, Garfield County, Colorado (airport code “RIL”). Section 1.02. “Airport Rules and Regulations” means the Rifle Garfield County Airport Rules and Regulations as promulgated under Colorado Revised Statutes Section 41-3-106 which specifically grants the Garfield County Board of County Commissioners the power “…to provide the rules and regulations governing the use of such airport and facilities…”.…” as the same may be amended from time to time. Page 3 of 32 Section 1.03. “Airport Standards” means Minimum Standards, dtd.____, Rules and Regulations, as amended from time to time. Section 1.04. “Annual Budget” means the annual operating and capital expenditure budget for the Association as adopted pursuant to Article 5 of this Declaration. Section 1.05. “Articles of Incorporation” means the articles of incorporation of GHA as they may be amended from time to time in accordance with the Bylaws. Section 1.06. “Assessment” shall mean and refer to any assessment levied against one or more Owner(s) or Unit(s) as permitted by this Declaration or applicable law, including without limitation any of the following: (a) “Regular Assessment” shall mean and refer to a charge against each Unit representing the Proportionate Share of such Unit of the Common Expenses attributable to that Unit set forth in each Annual Budget, including all fees, charges, late charges, attorney fees, fines and interest arising from failure to pay when due the principal amount of such assessment. (b) “Special Assessment” shall mean and refer to a charge against any Unit for costs incurred by the Association for materials or services furnished to the Owner or his or her Unit at the request of or on behalf of such Owner, or as a result of any Owner failing to maintain his or her Unit in accordance with the provisions of this Declaration, or as a result of the negligence, recklessness, or willful misconduct of any Owner, his or her employees, guests or invitees, or for excessive use or special use of the services or facilities, if any, provided by the Association, or for any other purpose for which this Declaration or applicable law specifies or permits the imposition of a Special Assessment. All Special Assessments shall be determined and approved in accordance with this Declaration. (c) “Capital Assessment” shall mean and refer to a charge against any Unit representing the Proportionate Share of such Unit of the Association's cost for the purchase, installation, construction, expected or unexpected repair or replacement, of any capital improvement (including the necessary fixtures and personal property related to it) that is a Common Expense of the Association, plus reserves for repair or replacement of existing capital items, and acquisition, construction and installation of new capital improvements. A Capital Assessment may also be a Special Assessment. All Capital Assessments shall be determined and approved in accordance with this Declaration. Section 1.07. “Association” means the association of the Owners of Units in the Project formed as a Colorado nonprofit corporation under the name “GARCO HANGAR ASSOCIATION.” Commented [A1]: This definition was blank—is this what you were thinking? Page 4 of 32 Section 1.08. “Association Documents” means the Articles of Incorporation, Bylaws and any R&R/A of the Association as each of them may be modified from time to time in accordance with this Declaration, the bylaws, or applicable law. Section 1.09. “Association Rules and Regulations” or “R&R/A” means any written terms and conditions, however denominated, that are adopted by GHA for the management, regulation, use, operation or any other aspect of all or any part of the Project, including any amendments. Section 1.10. “Board” or “Board of Directors” means the board of directors of the Association. Section 1.11. “Building” means each hangar structure on the Property that contains the Units as shown on the Plat. A structure will constitute a “Building” upon receipt of a Certificate of Occupancy. (a) “Building A” shall mean ____________________. (b) “Building B” shall mean ____________________. (c) “Building C” shall mean ____________________. Section 1.12. “Bylaws” mean the Bylaws of the Association as they may be modified from time to time in accordance with this Declaration, such bylaws, or applicable law. Section 1.13. “CCIOA” means the Colorado Common Interest Ownership Act presently codified at C.R.S. § 38-33.3-101, et seq., as it may subsequently be amended, supplemented, repealed and reenacted, and otherwise modified in the future from time to time, provided, that references to the CCIOA shall apply only to the extent that the CCIOA is applicable to the Project and GHA. Section 1.14. “Commercial Hangar “means the use of any Unit for a substantial commercial purpose other than the holding and maintenance of an aircraft owned by the Owner of such Unit or such Owner’s affiliate. Section 1.15. “Common Elements” (which includes both General Common Elements and Limited Common Elements) means and includes the Building, together with all of the improvements now and subsequently located in and on the Building, and on the Property (if specifically described as such in the Master Lease or this Declaration) and together with all fixtures, appurtenances and facilities provided for the common use, utility or benefit of Owners or Units, or necessary or convenient to the Building or its existence, use, maintenance or safety; provided, however, that the Common Elements shall not include any of the Units or personal property of the Owners. Section 1.16. “Common Expenses” means and includes all expenditures made, and liabilities incurred, by or on behalf of the Association, together with any allocations to reserves, specifically including but not limited to the rentals and other fees set forth in the Master Lease. Commented [A2]: Need to incorporate updated development plan. Do these coincide with Phases-- reference to Phase I, II, III. Remove Building C and limit Building B to units 1,2,3? Must decide what parcel is included here for Exhibit A. Page 5 of 32 Section 1.17. “Conveyance” shall mean and refer to transfer of a leasehold interest installment land purchase contractin a Unit or otherwise of any part of the Project subject to the Master Lease. Section 1.18. “County” means Garfield County, Colorado. Section 1.19. “Declarant” means GarCo Premier Hangars, LLC, a Colorado limited liability company, and GarCo Hangar Association, a Colorado non-profit corporation, jointly and severally, and its successor(s) or assign(s) designated in writing by Declarant to be the successor of Declarant (a “Successor Declarant”), subject to any limitation or transfer of Special Declarant Rights contained in this Declaration, the Master Lease, or other applicable law; upon the assignment of Declarant’sDeveloper’s rights under the Master Lease to the Association, the Association shall be a Successor Declarant. The rights and obligations of Declarant shall be binding upon and inure to the benefit of each Successor Declarant, but only from the time of recording of the writing designating that person or entity as a Successor Declarant and not for any obligations of Declarant that are to be retained by Declarant pursuant to this Declaration (including without limitation Section 4.15(c)); for that reason, in order for a person or entity to become a Successor Declarant, the writing designating that person or entity as a Successor Declarant must contain the acceptance of that status by the person or entity so designated. Section 1.20. “Declaration” means this Declaration of Covenants, Conditions and Restrictions for GarCo Premium Hangars and any supplements and amendments to it. Section 1.21. “Defaulting Owner” or “Defaulting Member” means an Owner who has failed to pay any Assessment in accordance with the time periods set forth in Section 6.01 of this Declaration or who is non-compliant with the Master Lease as set forth in Section 7.02 of this Declaration. Section 1.22. “Director” means a member of the Board of Directors of GHA. Section 1.23. “General Common Elements” means all of the Common Elements, except any Limited Common Elements. Section 1.24. “GHA” means the Association. Section 1.25. “Limited Common Elements” means those parts of the Common Elements that are limited to or reserved in this Declaration, the Master Lease, on the Plat, or by the Association for the exclusive use of one or more, but fewer than all, Owners or Units. Section 1.26. “Master Lease” means the Commercial Hangar Land Lease and Operating Agreement between Garfield County Board of County Commissioners (“BOCC”) and DeclarantDeveloper (referred to in the Master Lease as GarCo Premier Hangars) (“Original Master Tenant”) as amended to add GHA as joint and several tenant, as the same may be amended from time to time covering Parcel A-3 and recorded in the real property records of the County on January 21, 2022 at reception number 969906 and any supplements and amendments to it. Said Page 6 of 32 Master Lease has an initial term of twenty (20) years beginning January 1, 2022 and ending December 31, 2041 with options to extend the term for up to two (2) ten (10) year periods and a third option to extend the term another five (5) years subject to the criteria detailed in the Master Lease. The Association’s consent to any modification of or amendment to the Master Lease shall require the approval of the Board as set forth in the Bylaws. Section 1.27. “Member” shall mean and refer to every person or entity holding a membership in the Association. Section 1.28. “Officer” means an officer of the Association elected or appointed in accordance with the Bylaws who is authorized to sign on behalf of GHA as approved by the Board of GHA. Any Officer must also be a Director. Section 1.29. “Owner” means one or more persons, firms, corporations, partnerships or other legal entities, or any combination of them that sublease from GHA and who own anhold a leasehold interest in one or more Units., subject to the Master Lease. Section 1.30. “Plat” means the plat of the Project recorded in the real estate records of Garfield County, Colorado. A copy of said Plat is attached hereto as Exhibit B. Section 1.31. “Property” means the real property in Garfield County, Colorado, legally described in Exhibit A, and also described in the Master Lease as the Leased Premises and in Exhibit A thereto and depicted on the Plat. Section 1.32. “Proportionate Share” for any Owner or Unit means the ratio, expressed as a percentage, of the square footage of such Unit (or the Unit(s) owned by such Owner), to the square footage of all Units. Section 1.33. “Special Declarant Rights” means those development rights and other rights reserved to Declarant under this Declaration. Section 1.34. “Successor Declarant” is defined in Section 1.19. Section 1.35. “Unit” or “Hangar” means the leasehold interest in real property consisting of the individual airspace, interior partitions, fixtures and improvements that are located in the Building and contained within the exterior windows, exterior doors, unfinished walls, unfinished floors, and the upper horizontal limit as shown on the Plat, plus all other rights and obligations appurtenant or related to that Unit under this Declaration, the Master Lease or applicable law. Each Unit is identified by number on the Plat. ARTICLE 2 THE ASSOCIATION Section 2.01. Membership. Every Owner of one or more Units shall be entitled and required to be a Member of the Association, subject to the voting rights provisions of this Article 2. No person or entity other than an Owner of one or more Units may be a Member of the Association. Commented [A3]: How settle the issue if GarCo Premier Hangar and GHA have difference of opinion as to whether to amend? Commented [A4]: This legal needs updating--currently show 50,xxx sq ft, think that is the active area of A-3 only, if moving forward with development then must include description of affected parcel--is it all of A-3 or will a lease be entered into on A-4 so that it can be included here? Page 7 of 32 No Owner shall be entitled to sever his, her or its ownership interest in a Unit from membership in the Association, provided, that this shall not be construed as precluding the Owner of a Unit from creating or severing a co-tenancy, joint tenancy or any other form of co-ownership with any other person or persons. For purposes of this Declaration, the terms Owner and Member are interchangeable. Section 2.02. Allocation of Votes. (a) Each Unit, and its Owner, shall be allocated a vote equal to the Proportionate Share attributable to such Unit, as initially set forth in Section 4.17 of this Declaration. (b) If only one of the multiple Owners of a Unit is present at a meeting of the Association, such Owner is entitled to cast the vote allocated to that Unit. If more than one of the multiple Owners are present, the votes allocated to that Unit may be cast only in accordance with the agreement of a majority in interest of such Owners. There is majority agreement if any one of the multiple Owners casts the vote allocated to that Unit without protest being made promptly to the person presiding over the meeting by any of the other Owners of the Unit. However, each Owner of the Unit may vote or register protest to the casting of votes by the other Owners of the Unit through a duly executed proxy meeting the requirements set forth in the Bylaws. (c) A Defaulting Owner shall have no right to vote while in default, and the Proportionate Share attributable to such Defaulting Owner and the related Unit shall be zero and shall not be included in determining any vote outcome of the Members of the Association. Section 2.03. No Cumulative Voting. In the election of directors of the Association, cumulative voting by the Members is not allowed. Section 2.04. Membership Appurtenant. By accepting a conveyance of the leasehold interest in a Unit the acceptance of which would render the holder an Owner, membership in the Association shall be appurtenant to and inseparable from a Unit. Membership in the Association may not be transferred except in connection with the transfer of leasehold ownership of a Unit and shall be automatically transferred by Conveyance of a Unit without additional action or documentation. Section 2.05. Directors of the Association. The affairs of the Association shall be managed initially by a Board of Directors consisting of three (3) directors in accordance with this Declaration, which number may be increased in accordance with the Bylaws. Section 2.06. Management and Governance of the Association. The Board of Directors shall supervise the affairs of GHA in accordance with its stated purposes and policies; set the agendas and budgets; manage contractors and service providers; transact any business between meetings of GHA and report thereon to the Owners as necessary; and make recommendations to the Owners on matters before GHA. The Board shall act in accordance with the Bylaws and this Declaration. Section 2.07. Quorum. Quorum requirements are specified in the Bylaws. Page 8 of 32 Section 2.08. Officers of the Association. The Officers of the Association are elected as set forth in the Bylaws. Section 2.09. Authority. The Association shall have all rights, powers and authority specified or permitted by this Declaration, the Master Lease, the Association Documents, or any other applicable law, to the extent permitted by law. Section 2.10. Association Rules and Regulations (R&R/A). The Association, acting through the Board, shall have the right, power and authority from time to time to enact, amend and enforce R&R/A concerning all aspects of the use and occupancy of Units and the Building, and operation and activities on the Property, so long as such R&R/A do not conflict with the Master Lease, are uniform and nondiscriminatory in their application and enforcement, and are not otherwise illegal. The Association shall have the right to levy and collect fines for violation of the R&R/A in amounts determined by the Board from time to time and, in addition, may maintain a proceeding with regard to any violation of the R&R/A for damages, specific performance, injunctive relief, or any other remedy then available under this Declaration, or other applicable law or in equity, all of which rights and remedies shall be cumulative and nonexclusive. To promote responsible governance, the Association may adopt Association Rules and Regulations concerning the investment of reserve funds, the procedure for the adoption and amendment of policies, procedures and rules, and the procedure for addressing disputes arising between the Association and Owners. Section 2.11. Duties and Obligations. The Association shall perform all duties and obligations specified in this Declaration, the Master Lease, and the Association Documents. The Association shall have the right and obligation to maintain, repair and replace as needed all of the Common Elements, including without limitation any obligation that a Unit Owner has failed to carry out pursuant to this Declaration or the Association Documents. Except as otherwise expressly provided, the cost of maintenance, repair and replacement of Common Elements (together with all damage to the interior or any part of a Unit resulting from the maintenance, repair, emergency repair or replacement of any of the Common Elements at the direction of the Association) shall be a Common Expense of all of the Owners. Section 2.12. Access. The Association shall have the irrevocable right to have access to each Unit from time to time as may be reasonably necessary for the inspection, operation, maintenance, repair, and replacement of any of the Common Elements in such Unit or accessible from it, for the protection of the structural integrity of the Building, for the maintenance, repair, inspection and protection of the Common Elements, in order to minimize or prevent damage to the Common Elements or to any Unit, and for every other purpose reasonably related to the rights or obligations of the Association, all of which rights of access may be exercised (a) without prior notice during regular business hours (provided such access shall not unreasonably interfere with operation of the business in that Unit), (b) upon reasonable prior notice outside of regular business hours, and (c) without prior notice at any hour in an emergency. If damage is inflicted, or there is a strong likelihood that it will be inflicted, on any Unit or Common Element through exercise of such access rights, the Owner responsible (or the Association, if it is responsible) for the damage, or the expense to avoid damage, shall be liable for the cost of prompt repair or to prevent damage, Page 9 of 32 which in the case of a responsible Owner also may be the subject ·of any Assessment against that Owner's Unit(s) as provided in this Declaration. Section 2.13. Actions Against Owners. (a) Subject to Sections 2.13(b) and (c) below, the Association may take judicial action against any Owner to enforce compliance with any provision of this Declaration, obtain mandatory or injunctive relief, or obtain damages for noncompliance, and may exercise any other right or remedy for enforcement of this Declaration permitted by law. (b) In the event of a dispute between the Association and an Owner, a Director appointed by the Board and such Owner shall discuss the dispute in good faith with a reasonable intent to achieve a resolution fair to both parties but that complies with this Declaration and the bylaws. If no resolution is reached within thirty (30) days after notice of the dispute is delivered by one party to the other party, then the parties shall proceed in good faith to submit the matter to mediation in accordance with Section 2.13(c) below. (c) A mediator cannot impose a binding decision. The parties to the dispute must agree before any settlement is binding. If a mutual resolution is not reached pursuant to Section 2.13(b), the within fourteen (14) days after the end of the 30-day period set forth in Section 2.13(b), the parties shall jointly appoint an acceptable professional mediator. If the parties cannot agree on a mediator within such 14-day period, then each party shall select a professional mediator whose sole purpose shall be to select a third professional mediator who shall mediate the dispute. The mediation, unless otherwise agreed, shall terminate in the event the entire dispute is not resolved within thirty (30) days after the date the mediator is selected. If the dispute is settled through the mediator, the parties shall share equally in the mediation costs and shall pay their own attorney fees, if any. If the dispute is not settled by mediation and proceeds to litigation, the losing party in the litigation shall pay the prevailing party's portion of the mediation costs and its attorney fees, if any. Section 2.14. Conveyance or Encumbrance. The Association shall have the right to encumber, dedicate or convey all or any part of the Common Elements or any other Association asset if not otherwise prohibitedonly if specifically allowed in the Master Lease. However, no such encumbrance, dedication or conveyance shall be effective unless an instrument signed by Members holding at least 67% of the votes entitled to vote, agreeing to such encumbrance, dedication or transfer has been recorded in the real property records of the County. Such agreement must specify a date after which the agreement will be void unless approved by the requisite number of votes. Any of the instruments required by this Section 2.14 may be signed in counterparts that shall together constitute a single agreement. Section 2.15. Management Agreement and Other Contracts. (a) The Association may utilize professional management in performing its duties. Any agreement for professional management of the Association's business shall be terminable for cause without penalty to the Association. Any such contract shall be subject to renegotiation. Page 10 of 32 (b) Any contracts, licenses or leases entered into by the Association while Declarant controls the Association shall provide for termination by either party to it, with or without cause and without payment of a termination fee, at any time after termination of Declarant' s control of the Association, upon ninety (90) days prior written notice. Section 2.16. Public Disclosures after Declarant Control. Within ninety (90) days after assuming control from Declarant pursuant to Section 2.06, the Association will comply with the public disclosures required by C.R.S. § 38-33.3-209.4. Section 2.17. Annual Public Disclosures. Within ninety (90) days after the end of each fiscal year of the Association, the Association shall comply with the public disclosures required by C.R.S. § 38-33.3-209.4. Section 2.18. Owner Education. So long as required by C.R.S. § 38-33.3-209.7, the Association shall provide, or cause to be provided, education to Owners at no cost on at least an annual basis as to the general operations of the Association and the rights and responsibilities of Owners, the Association and the Board of Directors under applicable Colorado law. The criteria and method for compliance with this Section 2.18 shall be determined by the Board. ARTICLE 3 PROPERTY RIGHTS IN THE UNITS AND COMMON ELEMENTS Section 3.01. Title to the Common Elements. As provided in the Master Lease or when otherwise required by law, but not later than seven (7) days after Declarant’s rights under the Master Lease are assigned to the Association, Declarant shall convey title to the Common Elements to the Association free and clear of all liens and encumbrances, except this Declaration, the Master Lease, then current real property taxes (prorated to the date of Conveyance), and liens and encumbrances and other title exceptions of record on the date of recording of this Declaration. All title and rights to use of the Common Elements will terminate and title to the improvements will vest in the County when the ground Master Lease terminates, unless extended or otherwise modified, in writing. Section 3.02. Members' Easements of Enjoyment. Except as expressly provided in this Declaration with respect to a Defaulting Member, every Member shall have a non-exclusive right and easement in and to the Common Elements, including but not limited to an easement for ingress and egress over and through the Common Elements. Except as may otherwise be provided in the Master Lease, each such easement shall be appurtenant to and shall pass with the title to every Unit, subject to the following provisions: (a) The Association shall have the right to adopt Association Rules and Regulations pertaining to the use and enjoyment of the Common Elements; (b) If approved pursuant to the Bylaws, the Association may borrow money and encumber (by mortgage, deed of trust or otherwise) the Common Elements or any Page 11 of 32 part of them in accordance with Section 2.14 for the purpose of improving the Common Elements, provided that any such encumbrance shall be expressly subordinate to the rights of the Members and is not otherwise prohibited in the Master Lease; (c) The right of the Board of the Association, as set forth in the Bylaws, to suspend a Defaulting Member's voting rights, use of Common Elements, and/or any benefits of membership in the Association for any period during which any Assessment against such Defaulting Member's Unit(s) remains unpaid and delinquent, and/or while a Member is in violation of this Declaration or any Rules or Regulations; provided that any suspension of such voting rights, Common Element use, or benefits of membership in the Association; (d) The right of the Association to impose fines, while a Member is in violation of this Declaration or any Rules or Regulations; provided that any imposition of any such fine shall be imposed only by the Association, in its discretion or pursuant any policies it adopts, and made through its Board of Directors or a duly appointed committee of the Association after notice in accordance with the Bylaws; (e) The right of the Association to dedicate or transfer all or any part of the Common Elements to any public agency, authority or utility for such purposes and subject to such conditions as may be agreed to by the Members; no such dedication or transfer shall be effective unless an instrument in any number of counterparts signed by Members entitled to cast 67% of the votes has been recorded, agreeing to such dedication or transfer, and provided written notice of the proposed action is sent to every Member no fewer than thirty (30) days nor more than sixty (60) days in advance; (f) The right of Declarant or its designees to enter upon the Common Elements for purposes of construction and development of the Project and for purposes of making repairs and remedying construction defects in accordance with this Declaration, provided that such entry does not unreasonably interfere with the use and enjoyment of any Unit, unless authorized by the Owner; and (g) The right of the Association to close or limit the use of the Common Elements while maintaining, repairing and making replacements to the Common Elements. Section 3.03. Delegation of Use. AnySubject to the Master Lease and Subleases, any Member may delegate his or her right of enjoyment to the Common Elements to his or her family members, licensees and invitees, or tenants or contract purchasers who are in possession of such Member's Unit. Section 3.04. Waiver of Use. No Member may exempt himself or herself from personal liability for Assessments duly levied by the Association, or release the Unit(s) owned by such Member from the liens and charges created by the Master Lease or this Declaration, by waiver of the use and enjoyment of the Common Elements, or by abandonment of his or her Unit. Page 12 of 32 Section 3.05. General Restrictions. (a) All Owners of Unit(s), by their acceptance of their respective deeds, subleases or other conveyances causing them to become Owners, covenant and agree that the Common Elements shall remain undivided, and no Owner shall bring any action for partition (which right is expressly waived), it being agreed that this restriction is necessary to preserve the rights of Owners with respect to the operation and management of the Project.· (b) No Owner shall engage in any activity that will temporarily or permanently deny free access to any part of the Common Elements to all Members, nor shall any Owner place any structures (except those installed by Declarant) upon the Common Elements. For clarity, this provision is not a restriction on any limits imposed by the Board on a Defaulting Member. (c) All title and rights to use of the Units and Common Elements will terminate and title to the improvements will vest in the County when the ground Master Lease terminates, unless extended or otherwise modified, in writing. Section 3.06. Limited Common Elements. The following shall be Limited Common Elements as depicted on the Plat or as otherwise set forth in this Declaration: (a) Any chute, flue, duct, wire, conduit, pipe, drain, bearing wall, bearing column or any other fixture (including mechanical equipment) partially within and partially outside the designated boundaries of a Unit; and any portion thereof serving only that Unit or fewer than all Units; and (b) Any shutters, awnings, doorsteps, stoops, and all exterior doors and windows or other fixtures (including mechanical equipment) designed to serve a single Unit but located outside of the Unit's boundaries. Section 3.07. Use of General and Limited Common Elements. Except as otherwise provided in this Declaration, each Owner shall be entitled to exclusive ownership and possession of his or her Unit(s), and each Owner may use the General Common Elements, as well as the appurtenant Limited Common Elements and other appurtenances to his or her Unit(s), in accordance with the purpose for which they are intended, without hindering or encroaching upon the lawful rights of the other Owners, or the Association, or the County. ARTICLE 4 COVENANT FOR ASSESSMENTS Section 4.01. Creation of the Lien and Personal Obligation of Assessments. The undersigned, for each Unit, covenants (and each Owner of any Unit by acceptance of a deed, Page 13 of 32 sublease, or other conveyance for that Unit, whether or not it shall be so expressed in that instrument, is deemed to covenant and agree) to pay to the Association: (a) all Assessments and charges levied against that Unit; and (b) all fees, charges, late charges, attorney fees, fines, collection costs, interest and other sums charged pursuant to this Declaration or as allowed by other applicable law. Section 4.02. Late Charges and Fines. The Association shall have the right, to impose reasonable charges for late payment of Assessments, recover actual attorney fees and other legal costs for collection of Assessments and other actions to enforce the powers of the Association, regardless of whether or not suit was initiated, and, after notice and an opportunity to be heard, levy fines as determined in the Board of Directors sole discretion for violations of this Declaration, except as expressly provided herein not to exceed $500 per day or the maximum amount permitted by law, whichever is less, or the Association Documents, as further described elsewhere in this Declaration, and which may be offset from deposits as set forth in this Article 4. Section 4.03. Refundable Compliance Deposit. To ensure compliance and payment of such levied fines for violations of this Declaration or the Association Documents. Each new Unit Owner (whether purchasing from the Declarant or from another Unit Owner will pay a “Refundable Compliance Deposit” of any amount to be determined by the Board from time to time). The initial Refundable Compliance Deposit shall be in an amount no less than $5,000.00 per Unit. The Association shall have the right offset any fines, fees, assessments, or any other expense approved by the Board against the Refundable Compliance Deposit. Section 4.04. Return of Refundable Compliance Deposit. The Refundable Compliance Deposit” shall be returned in full (less any unrestored set-off amounts) to a hangar Unit Owner within two weeks after such time as the hangar Unit Owner conveys his, her or its entire interest in a Unit to a transferee conditional upon satisfactory compliance with all obligations of GHA. Section 4.05. Forfeiture of Deposit. Hangar Unit Owners shall immediately forfeit, in whole or in part, to the Association from the Refundable Compliance Deposit such amount as is determined by the Board to be required to cover any assessed fees from GHA and or the Airport County upon GHA for a non-compliant Owner that is in default of the Master Lease, Airport Standards and or any R&R/A. Section 4.06. Notice of Default. Hangar Unit Owners shall be given written notice, as defined in this Declaration, from GHA of any potential breaches of this Declaration, any Association Documents, the Airport Rules and Regulations, the Association Rules and Regulations, or any other applicable document and shall be given fourteen (14) days to respond to accusations of such breach and or cure the deficiency before a monetary assessment shall be withdrawn from the Owner’s Refundable Compliance Deposit account. Section 4.07. Interest on Deposit. Interest on or earnings from any Refundable Compliance Deposit shall be owned by the Association and not be paid to the Hangar Unit Owner or otherwise be the property of the Hangar Unit Owner who paid the Refundable Compliance Deposit unless Page 14 of 32 and until such time that the Hangar Unit Owner is entitled to a refund, in whole or part, of the Refundable Compliance Deposit as provided in this Declaration. Section 4.08. Assessed Fines. The timing and amount of fines shall be determined by the Board in its sole discretion at any time in accordance with Responsible Governance Policies pursuant to C.R.S. Section 38-33.3-209.5 (as amended from time to time). Default notices of any kind that are not dismissed by GHA and or cured by the hangar Unit Owner shall be assessed the appropriate fee starting fourteen (14) days after the first default notice was received by the Hangar Unit Owner in accordance with Section 10.12. Section 4.09. Fine for Violation of Airport Rules. Hangar Unit Owners are subject to a daily reasonable fine of a minimum of $500 for private hangar use and $1,000.00 per day for Commercial Hangar use in violation resulting in a default of the Master Lease, Airport Standards, and the R&R/A. Additionally, any Owner who operates or permits the operation of a Commercial Hangar, and does not terminate such operation within thirty (30) days after written notice from the Association, shall be a Defaulting Member. Section 4.10. Restoration of Refundable Compliance Deposit. Each hangar Unit Owner whose Refundable Compliance Deposit is offset or otherwise reduced for any reason shall have ninety (90) day to bring the account back to the original level of funding. Section 4.11. Lien Arising from Charges. Any charge set forth in this Article 4, from the time such charge becomes due, shall be a charge on and covenant running with the land, and shall be a continuing lien on the Unit against which each such item is assessed. If an Assessment is payable in installments, each installment is a lien from the time it becomes due, including the due date set by any valid Association acceleration of installment obligations. A valid acceleration of installment Assessment obligations may be made by the Board at any time any Assessment or Assessment installment is at least thirty (30) days overdue. Section 4.12. Obligations of Prior Owners. Each such charge, together with interest, costs and reasonable attorney fees, shall also be the joint and several personal obligation of each person and entity who was the Owner of the Unit at the time when the item became due; provided, that this personal obligation shall not pass to an Owner's successors-in- interest unless expressly assumed by them. No Owner may be exempt from liability for Assessments by waiver of use or enjoyment of the Common Elements or other assets or benefits of the Association, or by abandonment of any Unit. Section 4.13. Superiority of Association Lien. The Association's lien on a Unit for Assessments shall be superior to any homestead exemption now or later provided by the laws of the State of Colorado or any exemption now or hereafter-provided by the laws of the United States. The acceptance of a deed to a Unit subject to this Declaration shall constitute a waiver of the homestead and any other such exemption as against such Assessment lien. Section 4.14. Purpose of Assessments. The Assessments levied by the Association shall be used exclusively for: Common Expenses and other purposes set forth in the definition of “Assessments”; to promote the health, safety or welfare of the occupants of the Units; for the Commented [A5]: Remove ability to lien. This is subject to the Master lease and allows no liens. Page 15 of 32 benefit of the Common Elements; or for any other purpose of the Association, as those purposes (as amended from time to time) are specified in this Declaration, the Master Lease or the Association Documents; or as otherwise authorized or permitted by other applicable law. Assessments may only be made in accordance with Annual Budgets. Section 4.15. Initial Assessment. (a) The initial Regular Assessment (“Initial Assessment”) shall be fixed in an amount set by, and made upon the resolution of, the Board of Directors, no later than thirty (30) days after the assignment to the Association of Declarant’s rights under the Master Lease. (b) After an Assessment of any type has been made by the Association, Assessments of the same type (other than Special Assessments and Capital Assessments, which may be made at any time and from time to time) shall be made no less frequently than annually, based on an Annual Budget adopted by the Association pursuant to Article 7 of this Declaration. (c) Regular Assessments shall be paid on a pro rata basis quarterly in advance, unless the Board grants a longer payment period. Other Assessments shall be due within thirty (30) days after delivery of notice of such Assessment by the Association to each Owner unless the Board grants a longer payment period. Any incremental Assessments will be collected as necessary during the year. Assessments shall be non-refundable. Any excess funds from a previous year will be rolled into future years and included within the Annual Budget for the applicable year. (d) Until the Board of Directors makes the Initial Assessment, all expenses of the Association shall be paid by Declarant. Section 4.16. Date of Commencement of Assessments. The I nitial Assessment of a Regular Assessment of an Owner shall be adjusted according to the number of months remaining in the calendar year for which the Assessment is made, if less than a full year. Thereafter, the Board shall fix the amount of such annual Assessments against each Unit at least thirty (30) days in advance of each annual Assessment period as part of the budgeting process set forth in Article 5 of this Declaration. The assessment amount shall be determined with special consideration of the ground rental rate adjustment conditions as set forth in the Master Lease. Written notice of the annual Regular Assessment shall be sent to every Owner. The Association shall, upon demand, and for a reasonable charge, furnish a certificate signed by an officer of the Association setting forth whether the Assessments on a specified Unit have been paid. Special Assessments and Capital Assessments may be made by the Board at any time, except as limited by this Declaration, or other applicable law. Section 4.17. Proportionate Expenses and Voting Allocation. Except as otherwise stated in this Article 4, or as otherwise provided by other applicable law, each Unit shall be allocated a fraction of the Common Expenses of the Association for expenses and voting, based on the square footage of the unit as the numerator and the total square footage of all Units in the GHA as Commented [A6]: Must update to current development plan. What is the process to amend as the phases are built out? Page 16 of 32 the denominator, in the following chart, which may be amended to reflect square feet through the course of construction and development up of to 15 or more Units: UNIT NO. SQ. FEET PERCENTAGE OF TOTAL SQUARE FEET A-1 5,525 27.08% A-2 5,525 27.08% A-3 3,300 16.18% A-4 2,750 13.48% A-5 3,300 16.18% Despite anything to the contrary stated in this Section 4.17, if permitted or required by this Declaration, other applicable law, any Common Expense or portion of any Common Expense or other cost or expense to the Association benefiting or caused by fewer than all Units shall be assessed exclusively against the Units benefited by or causing the Common Expense or other cost or expense. Specifically, all costs of operation, maintenance, repair or replacement of (or otherwise associated with) any Limited Common Element shall be paid equally by, and assessed to, the Owner(s) of the Unit(s) to which such Limited Common Element is appurtenant. Section 4.18. New Unit Transfer Assessment. Upon the initial sale of a new Unit by Declarant to a third-party purchaser, such purchaser shall pay the Association a one-time, nonrefundable, $2,000.00 transfer assessment due at closing that shall be deposited by the Association in its general account and used by the Association for Common Expenses. The intent of such assessment is to cover administrative expense in recording and managing the transfer. Section 4.19. Owner's Negligence. In the event that the need for maintenance, repair, replacement, reconstruction or reconfiguration of any Common Element, or any other Common Expense, is caused by the willful or negligent act or omission of any Owner; or by the willful or negligent act or omission of any guest or invitee of such Owner, such expense and all related fees, costs and expenses of or to the Association shall be the personal obligation of such Owner and may be made part of any Assessment against such Owner and that Owner's Unit(s). Negligence or the willful act or omission of any Owner or any guest or invitee of such Owner, and the amount of the Owner's liability therefor, shall be determined by the Board of Directors at an informal hearing after notice to the Owner, provided, that such dispute shall be subject to Section 2.13 above. Section 4.20. Priority of Lien. The lien for Assessments, which includes without limitation all those items specified in Article 4, shall have the priority as may be provided for by applicable law. Section 4.21. Refundable Compliance Deposit. Each new Hangar Unit Owner (whether purchasing from the Declaration or from another Hangar Unit Owner) will pay a Refundable Commented [A7]: With current proposal think will only be 8 if development is limited to parcel A-3 Phase I=Hangar A and Phase II=Hangar B (Units 1,2,3) Commented [A8]: Incorporate updated development plan. Page 17 of 32 Deposit (with the amount to be determined by the Board from time to time) (the “Compliance Deposit”) that will be forfeited to the Association and not be returned to the Hangar Unit Owner at such time that the Hangar Unit Owner conveys his, her, or its interest to a transferee of such interest if the Hangar Unit Owner engages in any monetary (up to the amount of the Deposit) or non-monetary default of the Master Lease, Airport Rules and Regulations, or any of the R&R/A. Interest or earnings on the Deposit shall be owned by the Association and not be paid to the Hangar Unit Owner or otherwise be the property of the Hangar Unit Owner who paid the Deposit. ARTICLE 5 BUDGET AND RECORDS Section 5.01. Books and Records. Association policies and regulations regarding records, retention of records, and Member access to records are specified in the Bylaws. The Board of Directors shall cause balance sheet and cash flow statement for the Association to be prepared no less frequently than annually. Section 5.02. Annual Budget. The Board of Directors shall cause an operating budget and capital expenditure budget for the Association to be prepared on or before November 15 of each year for the immediately succeeding year. Such budgets shall include the annual Assessments. Section 5.03. Delivery of Budget. Promptly upon adoption by the Board, but no later than December 1 of each year, the Board of Directors shall deliver by mail, email, or other reasonable electronic means the proposed budget adopted by the Board and shall set a date for a meeting of the Owners to consider ratification of the budget that shall be within a reasonable time after mailing or other delivery of the budget, or shall include a written consent for execute by the Owners. Section 5.04. Ratification of Budget. The affirmative approval of Owners representing at least sixty-seven percent (67%) of the Proportionate Shares is required to approve and adopt a budget, which when approved shall be the operative Annual Budget. Section 5.05. Rejection of Budget. If the proposed budget is not approved by the Owners prior to December 31 of the year before such budget is to become effective, then the Annual Budget last ratified by the Owners shall continue in force until such time as the Owners ratify a subsequent budget proposed by the Board of Directors. Section 5.06. Reserve Fund. As part of each Annual Budget, the Board of Directors shall include an amount that, in its reasonable business judgment, will at least establish and maintain an adequate reserve fund for the repair or replacement of any personal property, fixtures and improvements required to be operated or maintained by the Association based upon age, remaining life, replacement cost and any other relevant factors. Any reserve funds may be deposited in such interest bearing account(s) as the Board of Directors deems appropriate. Section 5.07. Review by Owners. Each Owner, or his or its representatives, shall have the right to review and copy the books and records of the Association during normal business hours, at the cost of such Owner, following reasonable advance written notice to the Secretary of the Association. [Upon the request of an Owner, the books and records of the Association shall be Page 18 of 32 subject to a review, using statements on standards for accounting and review services, by an independent and qualified person selected by the Board. Such person need not be a certified public accountant (except in the case of an audit), but shall have at least a basic understanding of the principles of accounting as a result of prior business experience, education above the high school level, or bona fide home study. The audit or review report shall cover the Association's financial statements, which shall be prepared using generally accepted accounting principles or the cash or tax basis of accounting.] Section 5.08. Inspection and Audit by County. The Association's accounts related to storage use agreements and tenancies/subtenancies shall be open for inspection and audit by the County, as provided in the Master Lease. Section 5.09. Fiscal Year. The fiscal year of the Association shall initially be the calendar year, but the Association may adopt a different fiscal year, for Assessments or otherwise, if permitted by law. ARTICLE 6 NONPAYMENT OF ASSESSMENTS Section 6.01. Delinquency. Any Assessment made pursuant to this Declaration that is not paid when due shall be delinquent. If any such Assessment is not paid within thirty (30) days after the due date without additional notice or demand, the Owner shall become a Defaulting Owner and the Assessment shall bear interest from the due date at a rate not to exceed the maximum rate of interest permitted applicable law, as determined by the Board. Subject to the provisions of Section 2.13, the Association may, at its option, exercise any right or remedy available to the Association under applicable law, including without limitation bringing an action at law against the Owner personally obligated to pay the same or foreclosing the lien provided in Section 4.01 against the Unit(s) as to which the Assessment has not been paid; and in any case there shall be added to the amount of such Assessment interest and all costs that may be incurred by the Association in its collection of the Assessment, including reasonable attorney fees. Each Owner vests in the Association or its assigns the right and power to bring all actions or proceedings at law or in equity or to institute judicial foreclosure proceedings against such Owner or other Owners for the collection of such delinquent Assessments. Section 6.02. Nature of Obligation and Lien. (a) The obligation for such payments by each Owner to the Association is an independent covenant, with all amounts due from time to time payable in full without notice (except as otherwise expressly provided in this Declaration) or demand, and without setoff or deduction. The Board or managing agent of the Association may prepare a written notice setting forth the amount of such unpaid indebtedness and the name of the Owner and description of the Unit. Such a notice shall be signed by one member of the Board or by the managing agent of the Association and may be recorded in the real property records of the County. The lien for each unpaid Assessment attaches to each Unit at the beginning of each Assessment period and shall continue to be a lien against such Unit until Page 19 of 32 paid. The costs and expenses for filing any notice of lien shall be added to the Assessment for the Unit against which it is filed and collected as part and parcel thereof. Each Assessment, together with interest, late charges, costs and reasonable attorney fees, shall also be the personal obligation of each person who was the Owner of such Unit at the time when the Assessment became due. The personal obligation for delinquent Assessments shall not pass by Conveyance of a Unit. (b) The statutory lien for Assessments is prior to all other liens and encumbrances on a Unit, except: (i) liens and encumbrances recorded before the recordation of this Declaration; and (ii) liens for real estate taxes and other governmental assessments or charges against the Unit. Notwithstanding the foregoing, the statutory lien for Assessments is also prior to the lien of a first mortgage to the extent of an amount equal to the Assessments based on the Annual Budget that would have become due, in the absence of any acceleration, during the six (6) months immediately preceding institution by either the Association or any party holding a lien senior to any part of the Association lien created under this Section 6.02 of an action or a nonjudicial foreclosure either to enforce or to extinguish the lien. (c) The recording of' this Declaration constitutes record notice and perfection of the statutory lien. No further recording of any claim of lien or assessment is required; however, a notice of lien may be recorded at the Association's option, in which event costs and attorney fees incurred in connection with the preparation and filing of such notice shall be assessed against the Owner's Unit as a default assessment. Section 6.03. Foreclosure Sale. Any foreclosure sale related to an Assessment lien is to be conducted in accordance with those provisions of the laws and rules of the courts of the State of Colorado applicable to the foreclosure of mortgages, or in any other manner then permitted or provided by applicable law. The Association, through its duly authorized agents, shall have the power to bid on the Unit at the foreclosure sale, and to acquire and hold, lease, mortgage and convey the same in the name of the Association. Section 6.04. Curing of Default. Upon the timely curing of any Assessment delinquency, the Association is authorized to file or record a certificate setting forth the satisfaction of such claim and release of such lien upon payment by the defaulting Owner of a fee determined by the Association to cover the costs of preparing and filing or recording such release, and other expenses incurred. Section 6.05. Cumulative Remedies. The Assessment lien and the rights of foreclosure and sale under it shall be in addition to, and not in substitution of, all other rights and remedies that the Association and its assigns may have under this Declaration and then applicable law, including without limitation a suit to recover a money judgment for unpaid Assessments, as provided above, all of which rights and remedies shall be cumulative. Page 20 of 32 ARTICLE 7 USE RESTRICTIONS Section 7.01. Process and Requirements. The construction and remodeling process and approval requirements are set forth in the Master Lease. No improvement shall be erected, or otherwise altered, placed or permitted to remain on the Property except in accordance with the terms and conditions set forth in the Master Lease and this Declaration. Section 7.02. Use of Units. Use of Units is governed by Section III, Uses and Operations, of the Master Lease. If, after receiving a notice to cure from GHA, identifying a breach and stating a date by which cure is required the Unit remains non-compliant with Section III, Uses and Operations of the Master Lease, the Unit Owner shall be deemed in default of its ownership obligations and shall be a Defaulting Owner. If the Hangar Owner is in default for more than 90 days in any consecutive 120 calendar days, the Association, in addition to charging any and all fees identified in the document may enter and repossess the hangar Unit and all improvements for the express purpose of avoiding a Master Lease default. Such re-entry may be with or without process of law and shall be without liability for trespass or forcible entry and without prejudice to any other remedies to which GHA may be entitled. In such an event the hangar Unit Owner agrees to peaceably surrender the Hangar and any and all rights to use the Hangar for any purpose. In addition, the Hangar Unit Owner hereby provides the Association with the option to lease the Hangar or sell the Hangar for fair market value with the proceeds of such lease or sale (less actual transaction costs and any fines payable to RIL) to be provided to the Owner of such Hangar. The Hangar Unit Owner hereby consents to an administrative / management fee being withheld to the Association of 20% of the lease payment or sale proceeds for the time and expense of facilitating such lease or sale under this Section 7.02 and/or brokerage and related fees and costs within the Association’s reasonable discretion. In connection with this Section 7.02, each Hangar Unit Owner consents to providing the Association with access to each Hangar during the entire period of such Owner’s ownership of such Hangar. All title and rights to use of the Units and Common Elements will terminate and title to the improvements will vest in the County when the ground Master Lease terminates, unless extended or otherwise modified, in writing. Section 7.03. Lighting. Section 7.03. Storage Other than Aircraft. Hangar use is primarily for the storage of active FAA (or equivalent foreign) certified on-board piloted aircraft. An Owner may store aviation related equipment, vehicles and items of personal property other than aircraft which are owned by or in the care, custody and control of Owner in such Owner’s Unit, as long as such storage is not otherwise unauthorized under the Master Lease, contrary to the FAA policy on the non-aeronautical use of airport hangars dated June 15, 2016 or as amended, illegal, a nuisance or a hazard, and or contrary to the Airport Rules and Regulations. At no time may ancillary aviation storage comprise more than 49% of the total hangar space, except for special events of one week or less in duration. Section 7.04. Lighting. Due to the inherent danger of improper lighting to aircraft, no lighting shall be installed or altered except in accordance with the terms and conditions set forth in the Master Lease. Commented [A9]: Note: Time periods exceed default cure period under Master Lease. Consider reducing time period so it does not trigger a default under the Master Lease. Page 21 of 32 Section 7.0405. Signage. No sign shall be erected, placed, altered or permitted to remain on the Property except in accordance with the terms and conditions set forth in the Master Lease. Section 7.0506. Soils, Revegetation and Weed Management. The Association shall at all times comply with the soil, weed management and revegetation plan submitted to the County in accordance with the Master Lease. Section 7.0607. Animals. In the event any animal damages a Common Element, the Owner responsible for allowing the animal on the Property shall be liable for such damage in accordance with Section 4.07. All animals shall be maintained in an Owner's Unit. All animals shall be under the control of the Owners at all times to include, voice command, or on a leash or other restraint. No animals shall be boarded or stored in any Unit or on the Property. Owners shall be responsible for the cleanup of all waste from their animals. Section 7.0708. Maintenance. Except as otherwise expressly stated in the Master Lease or this Declaration, each Owner is responsible for all cleaning, maintenance, repair and replacement of his or her Unit, together with any Limited Common Elements allocated solely to that Unit, including without limitation maintenance, repair and replacement as necessary to keep such Unit(s) clean and in good, clean and sanitary condition and repair at all times, and to avoid damaging any Common Elements, other Units, or other Owners, and to comply with all applicable laws, ordinances and regulations as determined acceptable by GHA. No Owner shall change, modify or otherwise alter any Common Element without the prior written approval of the Board. Notwithstanding the foregoing, an Owner may install locks and security systems of the Owner's choice on the exterior doors and windows accessing that Owner's Unit, so long as keys and codes for such locks and security systems are provided to the Board. Owners shall be solely responsible for maintenance and repair of bi-fold and “man” door opening, closing and locking mechanisms. Section 7.0809. Snow Removal. Snow removal, if required, from the private vehicle parking area shall be the responsibility of the Association. Owners shall be responsible for snow removal from Unit aprons. Section 7.0910. Waste Removal. Each Owner shall be responsible for the collection, proper storage and removal of paper and all other waste and rubbish from his or her Unit, as further provided in the Master Lease, and GHA shall engage a properly certified service for collection and off-site disposal for all of development of GHA unit l waste. [NTD: GHA, confirm proper reference here.] Section 7.1011. Fuel Tanks. Fuel Tanks of any size are regulated and permitted only in accordance with the terms and provisions set forth in the Master Lease and Airport Rules and Regulations. Section 7.1112. Security. Each Unit Owner shall be responsible for the security of his or her Unit. Commented [A10]: For all of development Page 22 of 32 Section 7.1213. Leases. The term “Unit Lease” as used in this Section 7.132 shall include any agreement for the leasing or rental of a Unit or any portion of it, for any period of time by an Owner. Any Owner shall have the right to lease his or her Unit under the following conditions: (a) All Unit Leases shall be in writing; (b) All Unit Leases and the lessee's occupancy of the Unit shall be subject in all respects to the provisions of this Declaration, the Master Lease, RIL minimum standards and rules and regulations and the Association Documents; and (c) The lessee's failure to comply with any of these documents, in any respect, shall be a default under their Unit Lease. The provisions of (b) and (c) above shall be contained in each Unit Lease, but shall also be deemed to be implied terms of each such Unit Lease, whether or not actually contained in the Unit Lease. Section 7.13. Nuisance and Hazardous Activities. No obnoxious or offensive activity shall be conducted in any Unit or on the Property, nor shall any activity be permitted that becomes an annoyance or nuisance within the Building. No sound shall be emitted from any Unit that is unreasonably loud or annoying, and no odor shall be permitted from any Unit that is noxious or unreasonably offensive to others, as determined by the Board in its sole discretion. No activity shall be conducted on the Property or within the Building that is or might be unreasonably hazardous to any person or property. Notwithstanding the foregoing, in no event shall activities commonly associated withcertain amounts of noise are inherent to operation of an airplane hangarsand will not be considered a nuisance or hazard under this Section 7.1314 provided it does not violate the Master Lease, Rifle Garfield County Airport Standards, the Airport Rules and Regulations, FAA regulations and other applicable laws and regulations, all as they may be amended from time to time. Section 7.14. Hazardous Materials. No contaminant or hazardous material shall be generated, used, handled, stored or disposed of on the Property unless in accordance with all applicable laws, orders, rules, ordinances and regulations, as further provided in the Master Lease. Unit occupants shall comply with the Colorado Department of Labor and Employment, Division of Public Safety regulations regarding storage of oil, solvents and any other regulated substance. Release of contaminants or hazardous materials into the Property or the Airport property is prohibited. Section 7.15. Utilities and Easements. Electrical, natural gas, telephone, telephone and waste removal services shall be available to all Units, as more specifically set forth in the Master Lease. The utility companies and other providers furnishing these services shall have the easements shown on the recorded plats of the Property. Unit Owners shall bear financial responsibility for the utilities associated with their respective Units. Section 7.16. No Re-subdivision of Units. The re-subdivision of any Unit is prohibited. Commented [A11]: No sub-subleasing Page 23 of 32 Section 7.17. Plat Notes. In addition to the provisions and obligations set forth in this Declaration and the Association Documents, use and Occupancy of the Units are also subject to the following notes contained in the recorded Plat of the Project: “(a) These hangar units are created on property leased from Garfield County. That Master Lease, recorded in the real property records of Garfield County on January 21, 2022 at reception number 969906 has an initial term of 20 years, from January 1, 2022 to December 31, 2041, with two options to extend the lease term for two additional ten year terms and one additional option to extend the lease term for an additional five year term... In addition, the Master Lease contains numerous other provisions governing the occupancy of the property and provisions for early termination of the Master Lease if those conditions are not met. The units created by this Plat terminate and cease to exist when said Master Lease is terminated or expires. No interest in the underlying real property is created by this Plat Unit, and owner's interest is derived solely from the said Master Lease. (b) Hangar unit owners and tenants’ use of the units created by this Plat are governed by said Master Lease, Rifle Garfield County Airport Standards, the Airport Rules and Regulations, FAA regulations and other applicable laws and regulations, as may be amended from time to time. (c) All units are subject to a blanket easement for utilities to serve other units. (d) Common elements consist of the building and the common elements (CE), as designated on the Plat, are for the use and enjoyment of all unit owners equally. The apron area in front of each hangar unit is generally for the use of the adjacent hangar unit. Any use of adjacent aprons by other unit owners or tenants shall be restricted to infrequent use that does not unreasonably interfere with use of the adjacent hangar.” ARTICLE 8 INSURANCE Section 8.01. Insurance. The Association shall obtain and maintain insurance as required by applicable law, this Declaration and the Master Lease. In addition, if reasonably available, the Association shall maintain directors’ and officers’ liability insurance (“D&O Insurance”). The Association, as attorney-in-fact, shall have the authority conferred upon it in Article 9 to deal with insured items in the event casualty to them is an insured loss to the Association under its master insurance policy. Section 8.02. Assessment of Members. To the extent the Association settles claims for damages to real property, it shall have the authority to assess negligent Owners causing such loss or benefiting from such repair or restoration all deductibles paid by the Association. In the event that multiple properties are damaged by a loss, the Association in its reasonable discretion may assess each Owner a pro rata share of any deductible paid by the Association. Commented [A12]: These notes are to be included in future condo plat. Page 24 of 32 Section 8.03. Waiver of Subrogation. The Association and the Owners each waive any and all rights of recovery against the other, their officers, members, agents and employees, occurring on or arising out of the use and occupancy of the Project to the extent such loss or damage is covered or indemnified by proceeds received from insurance carried by the other party, or for which such party is otherwise reimbursed. Each of the parties shall, upon obtaining the insurance required under this Declaration, notify the insurance carrier that the foregoing waiver of subrogation is contained in this covenant, and, to the extent available, shall require the insurance carrier to include an appropriate Waiver of Subrogation Provision in the policy. Section 8.04. Fidelity Bond Insurance. If any Owner or Association employee or managing agent controls or disburses Association funds, the Association must obtain and maintain, to the extent reasonably available, a fidelity bond insurance in an aggregate amount equal to not less than two (2) months of current assessments, plus reserves calculated from the then-current Annual Budget of the Association. Section 8.05. Independent Contractors. Any person employed as an independent contractor by the Association for the purposes of managing the Association must obtain and maintain a fidelity bond in the same amount required in Section 8.04, unless the Association names such a person as an insured employee in a contract of fidelity insurance described in Section 8.04. The Association may carry or require of an independent contractor employed to manage the Association fidelity bond coverage in an amount greater than that specified in this Section 8.05. Section 8.06. Fidelity Bond Premiums. Premiums for bonds required of the Association under this provision are Common Expenses of the Association. Section 8.07. Additional Insurance. The Association may carry any other insurance it considers appropriate to protect the Association or the Members, including insurance on property it is not obligated to insure. It shall be each Member’s responsibility to procure and maintain such other insurance as may be necessary to comply with the Master Lease or to provide insurance coverage concerning liability related to each Member’s own operations and such Member’s use of any Unit or the Common Elements. ARTICLE 9 DAMAGE OR DESTRUCTION OF COMMON ELEMENTS Section 9.01. Appointment of Association as Attorney-in-Fact. This Declaration constitutes each Owner's appointment of the Association as his or her attorney-in-fact to administer repairs, receive and apply insurance funds, and to ensure compliance with this Declaration upon the damage, destruction or obsolescence of the Common Elements. Any grantee's acceptance of a deed, sublease, or other conveyance rendering that person an Owner shall constitute the irrevocable appointment of the Association as the grantee's attorney-in-fact, to act with all the powers as provided in this Section 9.01. Section 9.02. Rights of Association as Attorney-in-Fact. As attorney-in-fact, the Association, by its president and secretary, as directed by the Board, shall have full and complete authority, right and power to make, execute and deliver any contract, deed or any other instrument Page 25 of 32 with respect to the interest of an Owner that is necessary and appropriate to exercise the powers granted in this Declaration. Repair and reconstruction of a Common Element means restoring the same to substantially the same condition in which it existed prior to the damage. The obsolescence of a Common Element shall be determined by the Association, in its sole and absolute discretion. Except as otherwise provided in this Declaration, any insurance proceeds collected shall be paid to the Association for the purpose of repair, restoration or replacement. Section 9.03. Application of Insurance Proceeds. In the event of damage or destruction to a Common Element due to an insured loss, the Association shall apply the insurance proceeds to the reconstruction and repair of such Common Element as required by the Master Lease. GHA shall maintain insurance coverage as required by the Master Lease, the minimum standards and the Airport Rules and Regulations. If the insurance proceeds are insufficient, the Association may levy a Capital Assessment in the aggregate amount of such deficiency and shall proceed to make such repairs or reconstruction, unless: (a) The planned community is terminated; (b) Repair or replacement would be illegal under any state or local statute or ordinance governing health or safety; (c) Not less than 67% of the Proportionate Shares of the Owners vote to not rebuild; or (d) Prior to the Conveyance of any Unit to a person other than Declarant, the holder of a deed of trust or mortgage on the damaged portion of the Common Element rightfully demands all or a substantial part of the insurance proceeds. Distributions of insurance proceeds shall be made to the Association unless made jointly payable to the Owners and first mortgagees of their respective Units, if any. The pro rata share of any Capital Assessment described in this Section 9.03 shall be a debt of each Owner and a lien on his or her Unit and the improvements on it, and may be enforced and collected in the same manner as any Assessment lien provided for in this Declaration. Any action under this Article 9 can only occur with the consent of the County as Lessor of the Master Lease. ARTICLE 10 GENERAL PROVISIONS Section 10.01. Easements and Access. (a) A blanket easement through all Units is hereby reserved for the Association for the installation and maintenance of utilities and Common Elements. No improvement, structure, planting or other material shall be placed or permitted to remain that may damage or interfere with the installation or maintenance of such utilities or Common Elements Commented [A13]: All insurance provisions must meet Master Lease. Page 26 of 32 (b) Each Owner shall have a perpetual nonexclusive easement in common with all other Owners on, over and across the General Common Elements for purposes of ingress and egress to and from their Units from the streets and sidewalks that adjoin the Project, plus an easement for the use of any other General Common Elements for all uses reasonably related to the use or enjoyment of that Owner's Unit(s), subject, however, to the provisions of this Declaration, the Master Lease and the Association Documents. (c) Declarant or its designees retain as a Special Declarant Right the right to enter upon the Common Elements for purposes of making repairs and remedying construction defects, provided that such entry shall not unreasonably interfere with the use and enjoyment of any Unit, unless authorized by the Owner of such Unit, and the Association shall have the right to close or limit the use of the Common Elements while maintaining, repairing and making replacements in the Common Elements. Section 10.02. Declarant Rights. Except to the extent expressly prohibited by applicable law, any or all rights or obligations (or both) of Declarant may be transferred by Declarant; provided, that any Special Declarant Rights created or reserved in this Declaration for the benefit of Declarant may be transferred to any person or entity only by an instrument describing the rights transferred, which shall be recorded in the real property records of the County. The right of Declarant to transfer Special Declarant Rights under this Section 10.02 shall expire twenty (20) years after the recording of this Declaration. Section 10.03. Maximum Number of Units. Declarant intends to develop and construct fifteen (15) Units in addition to the Common Elements and reserves the right to develop and create additional Units. Section 10.04. Term. The provisions of this Declaration shall each constitute covenants, running with the land applicable to the Project and Units, binding Declarant and all persons and entities claiming by, through or under it for the same period as the Master Lease, as amended or extended. Section 10.05. Renewal and Termination of Master Lease. The rights of Master Lessee to renew the Master Lease, if any, the conditions for such renewal, and rights and obligations, if any, to remove the improvements from the Property upon termination of the Master Lease, are set forth in the Master Lease. Section 10.06. Termination and Amendment. (a) Subject to the provisions of C.R.S. § 38-33.3-217(1), (5), (6) and (7), all or any portion of this Declaration may be supplemented, changed or terminated in whole or in part at any time by the vote or agreement of the Owners of at least 67% by Proportionate Share of the Units, and any modification that reasonably could have a material adverse consequence on an Owner shall require that Owner’s approval; provided, however, that the County must also consent to the termination of this Declaration. Any agreement to supplement, change or terminate this Declaration Commented [A14]: Must update to meet current development plan, think is now 8. Page 27 of 32 may be in any number of counterparts, and shall be effective when duly recorded in the real property records of the County. Notwithstanding the foregoing, this Declaration shall automatically terminate upon the termination of the Master Lease, unless the Project is assigned in accordance with the Master Lease. (b) Declarant reserves, for itself and any Successor Declarant, and upon assignment of the Master Lease by Declarant to the Association, the Association by action of its Board, is granted the right and power to record technical amendments to this Declaration and the Association Documents at any time prior to the termination of Declarant's control of the Association, for the purposes of correcting spelling, grammar, dates, typographical and clerical errors, or as may otherwise be necessary to clarify the meaning of any provisions of any such document, provided, that copies of such amendments must first be provided to the Board and each Owner. Section 10.07. Relocation or Replacement of Project. As further provided in the Master Lease, the County has reserved the right to relocate or replace the Project at its cost, and in a substantially similar form and in a generally comparable location, in the event the County needs to further develop the Airport. Section 10.08. Conflict of Provisions. In case of any conflict between this Declaration, the Master Lease, the Articles of Incorporation or the Bylaws, the Master Lease shall control. In case of any conflict between this Declaration and the Articles of Incorporation or the Bylaws, this Declaration shall control. In case of any conflict between the Articles of Incorporation and the Bylaws, the Articles of Incorporation shall control. Section 10.09. Intentionally Omitted. Section 10.10. Severability. Invalidation of any of the covenants, restrictions or other provisions contained in this Declaration shall in no way affect or limit any other provisions, which shall remain in full force and effect. To the extent feasible, any non-complying provision and the remainder of this Declaration shall be reformed to comply with applicable law and to preserve the intent of this Declaration, including the invalidated provision. Section 10.11. Waiver. The failure of Declarant, the Association or any Owner to enforce any right under this Declaration upon any occasion shall not be deemed a waiver of such right on any subsequent occasion(s). The waiver, either express or implied, by Declarant, the Association or any Owner of any of the rights, terms or conditions in this Declaration shall not be deemed as or constitute a waiver of any other rights, terms or conditions in this Declaration. Any waiver, in order to be valid and effective, must be in writing. Section 10.12. Notice. a. Any notice or demand required or permitted by this Declaration shall be in writing and shall be sent by United States first class mail, postage prepaid, to the address of the Owner of the Unit(s) to receive notice at the address provided by the Owner for that purpose to the secretary of the Association. If the Owner Page 28 of 32 fails to provide an address to the secretary, notice shall be sent to the address of the Owner specified in the deed recorded in the real property records of the County by which that Owner took title and to the street address of that Unit, if any. b. Every monetary and non-monetary notice required by this Declaration or other official communication to and from the Members shall be delivered in writing to the address of record of each Member’s Unit and to the Association. Delivery shall be made in person, by certified return receipt registered U.S mail or receptive delivery service. c. In the event that a Member’s whereabouts is unknown, the registered U.S. mail is returned unclaimed for any reason, and or a Member evades receiving notice for any reason, a written copy of the notice shall be delivered to the hangar Unit and securely taped to the hangar Unit door. A courtesy email and phone call shall be sent to the official contact information on file informing the Member of the notice. d. Official notice is considered delivered upon contact with a Member, either verbally in person, by phone or phone message, in writing and or email notification, independent of whether the Member acknowledges receipt of the information. e. Failure of a Member to keep updated contact information, to respond to GHA correspondence within a week or to assign a registered agent to conduct official business while the Member is absent for extended periods of time does not relive the Member from compliance with association notifications requiring immediate attention to issues as required by the Master Lease and Airport Standards. Section 10.13. Section Headings. The article and section titles and headings used in this Declaration are for identification purposes only and shall not be utilized to interpret or construe the provisions of this Declaration, which shall remain in full force and effect. Section 10.14. Binding Effect. The provisions of this Declaration shall be binding upon and for the benefit of Declarant, the Association, each Owner, and each and all of their heirs, personal representatives, successors in interest and assigns. Section 10.15. No Rights Given to the Public. Nothing contained in this Declaration shall be deemed to be a gift or dedication of any portion of the Project to the general public or for any public use or purpose. Section 10.16. Applicability of Governmental Regulations. The covenants, conditions and restrictions contained in this Declaration are separate and distinct from any zoning, building or other law, ordinance, rule or regulation of the County or of any governmental authority having jurisdiction over the Project that now or in the future may contain different requirements from or Page 29 of 32 in addition to those contained in this Declaration or that may prohibit uses permitted in it or permit uses prohibited in it. In the event of any conflict between the provisions of this Declaration and the provisions of any such law, ordinance, rule or regulation, the Owner must first comply with all governmental laws, ordinances, rules or regulations and then, to the extent possible, the Owner must comply with these covenants, conditions and restrictions unless such compliance would result in a violation of such law, ordinance, rule or regulation, in which case, upon a finding that compliance with this Declaration would result in such a violation, the Board shall waive any such covenant, condition or restriction to the extent it results in such a violation, and in connection with such waiver, the Board may impose such conditional covenants, conditions and restrictions as may be necessary to carry out the intent of this Declaration Page 30 of 32 EXHIBIT A LEGAL DESCRIPTION A PARCEL OF LAND BEING A PORTION OF THE GARFIELD COUNTY REGIONAL AIRPORT, SITUATE IN THE SE l/4 SECTION 13, TOWNSHIP 6 SOUTH, RANGE 93 WEST OF THE 6TH P.M., COUNTY OF GARFIELD, STATE OF COLORADO. ALL BEARINGS HEREIN RELATIVE TO A BEARING OF N00°02'27”W ALONG THE WEST LINE OF SECTION 24, SAID TOWNSHIP 6 SOUTH, RANGE 93 WEST, BETWEEN THE WEST 1/ 4 CORNER, A FOUND 3-1/4” BRASS CAP ON 3” PIPE STAMPED “COUNTY SURVEYOR T6S R92W 1/4 23 24 1974 GARFIELD COUNTY COLO” AND THE NORTHWEST CORNER, A FOUND 3” BRASS CAP IN 3-1/2” CONCRETE FILLED PIPE STAMPED “T6S R93W 14 13 23 24 1974 GAR. CO. COLO.” SAID PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT SAID WEST 1/ 4 CORNER OF SECTION 24; THENCE N50°41'41”E 6057.41 FEET TO THE SOUTHWEST CORNER OF LEASE PARCEL A, Pl 6-EA, THE TRUE POINT OF BEGINNING; THENCE N02°49'40”E 207.50 FEET; THENCE S87°10'21 “E 245.00 FEET; THENCE S02°49'40”W 207.50 FEET; THENCE N87°10'21”W 245.00 FEET TO THE POINT OF BEGINNING. SAID LEASE PARCEL CONTAINING 50,837 SQUARE FEET, MORE OR LESS. Commented [A15]: Update with new legal description of parcel A-3 Page 31 of 32 EXHIBIT B Plat Commented [A16]: Update with approved and recorded condo plat Page 32 of 32 CONSENT TO SUBLEASE This Consent to Sublease is made effective __________, 2024 by and among the Board of County Commissioners of Garfield County (the “BOCC”), GarCo Premier Hangars LLC, a Colorado limited liability company (“GarCo Premier Hangars”) and GarCo Hangar Association, a Colorado not-for-profit corporation (“GarCo Hangar Association”) (jointly and severally “GarCo Premier” or "Sublessor"), and TH-RF Real Estate, LP, a Texas limited partnership (“Sublessee”). Whereas, BOCC and GarCo Premier Hangars entered into a certain Commercial Hangar Land Lease and Operating Agreement dated January 20, 2022 and recorded in the real property records of Garfield County at Reception No. 969906, as amended by the 1st Amendment to commercial Hangar Land Lease and Operating Agreement dated effective _________, 2024, recorded in the real property records of Garfield County at Reception No. ______ and by that certain 2nd Amendment to Commercial Hangar Land Lease and Operating Agreement, dated effective _______________, 2024, recorded in the real property records of Garfield County at Reception No. ____________, pursuant to which GarCo Hangar Association is added jointly and severally with, GarCo Premier Hangars, as lessee (as amended, the “Lease”), for that certain parcel of land, identified by Airport parcel number A-3 at the Rifle Garfield County Airport (the “Leased Premises”) and as further described in the Lease. Whereas, Sublessor desires to sublease a portion of the Leased Premises known as Unit A2, under that certain GarCo Premier Hangars Condominium Plat, recorded in the real property records of Garfield County at Reception No. ____, and the Declaration of Covenants, Conditions and Restrictions at Rifle Garfield County Airport dated ____________, 2024, executed by GarCo Premier Hangars and GarCo Hangar Association, jointly as Declarant, and recorded in the real property records of Garfield County at Reception No.____________ (the “Declaration”), to Sublessee (the “Sublease”) and seeks BOCC’s consent pursuant to Section III(B)3(c) of the Lease. Now therefore, in consideration of the recitals and the covenants and agreements contained herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, BOCC hereby consents to the execution and delivery of the Sublease between Sublessor and Sublessee on the following terms and conditions: 1. Sublessee agrees to abide by and be bound by all the terms and conditions of the Lease. All terms, representations, warranties, covenants conditions and restrictions of the Lease are hereby ratified, restated and confirmed by Sublessee and shall be and remain in full force. Sublessee covenants and agrees that in no event will Sublessee use the Premises in any fashion which violates the terms of the Lease. 2. This Consent does not waive any of BOCC’s rights or remedies as to Sublessor with respect to any provision of the Lease. Nothing contained in this Consent or in the Sublease shall be construed to limit, impair, or modify any right otherwise exercisable by BOCC, whether under the Lease or any other agreement. 2 3. Sublessor agrees to exercise all responsibilities of Sublessee in the event Sublessee does not. 4. This Consent is not assignable by Sublessor or Sublessee and shall not be construed as a consent by BOCC to any further assignment or subletting. The Lease may not be further assigned, nor shall the Leased Premises or any part thereof be sublet, without the prior written consent of BOCC thereto in each instance. 5. Sublessor and Sublessee each acknowledge and represent that it is duly organized, validly existing and in good standing and has the right, power and authority to enter into this Consent to Sublease and bind itself and its successors and assigns hereto through the party set forth as signatory below. 6. Sublessor and Sublessee, respectively, covenant and agree that under no circumstances shall BOCC be liable for any brokerage commission or other charge or expense in connection with the Sublease, and Sublessor and Sublessee, respectively, agree to indemnify BOCC against same and against any cost or expense (including, but not limited to, reasonable attorneys’ fees) incurred by BOCC in resisting or defending any claim for any such brokerage commission made by or through such party. 7. This Agreement shall be binding upon the parties hereto and their respective successors and assigns. 8. All capitalized terms used but not defined herein shall have the respective meanings given to such terms in the Lease. CONSENTED AND AGREED TO: Board of County Commissioners of Garfield County By: ___________________________ Name: Title: SUBLESSOR GarCo Premier Hangars LLC, a Colorado limited liability company By: __________________________ Name: Title: GarCo Hangar Association, 3 a Colorado not-for-profit corporation By: __________________________ Name: Title: SUBLESSEE TH-RF Real Estate, LP, a Texas limited partnership By: __________________________ Name: Title: 1 SUBLEASE between GarCo Premier Hangars LLC, a Colorado limited liability company and GarCo Hangar Association, a Colorado not-for-profit corporation, jointly and severally, as Sublessor and TH-RF Real Estate, LP, a Texas limited partnership, as Sublessee Unit A2 Dated: as of ________________, 20232024 2 SUBLEASE This Ground Sublease (“Sublease”) is entered into by and between GarCo Premier Hangars LLC, a Colorado limited liability company (“GarCo Premier Hangars”) and GarCo Hangar Association, a Colorado not-for-profit corporation (“GarCo Hangar Association) (jointly and severally "Sublessor"), and TH-RF Real Estate, LP, a Texas limited partnership (“Sublessee”) to be effective as of the ___ day of _______________, 20243 (“Effective Date”). RECITALS WHEREAS, the Board of County Commissioners of Garfield County (“BOCC”) and GarCo Premier Hangars LLC, a Colorado limited liability company (“GarCo Premier Hangars”) executed that certain Commercial Hangar Land Lease and Operating Agreement executed effective January 20, 2022, recorded in the real property records of Garfield County at Reception No. 969906, and 1st Amendment to the Commercial Hangar Land Lease and Operating Agreement, executed _____, 2024 and recorded in the real property records of Garfield County at Reception No. _____, _ (the “Original Ground Lease, as Amended”); WHEREAS, BOCC, GarCo Premier Hangars and GarCo Hangar Association , Sublessor and BOCC executed that certain 2nd Amendment to ssignment of Commercial Hangar Land Lease and Operating Agreement dated effective _______________, 20243, recorded in the real property records of Garfield County at Reception No. ____________ (the “2nd Amendment ssignment of Ground Lease”), pursuant to which GarCo Hangar Association is added jointly and severally with, GarCco Premier Hangars, as tenantlessee under assigned its rights, title and interest in the Original Ground Lease, as Amended to Sublessor and the Original Ground Lease, as Amended was otherwise modified as set forth therein (the Original Ground Lease, as amended ssigned and modified by the 1st and 2nd Amendment ssignment of Ground Lease, being referred to herein as the “Ground Lease”); WHEREAS, the Ground Lease covers that certain portion of parcel of land, identified as Airport parcel number A-3 at the Rifle Garfield County Airport (the “Airport”) and as further described in the Ground Lease and also described on Exhibit A attached to this Sublease (the “Leased Premises”); WHEREAS, GarCo Premier Hangars Sublessor has constructed the first of multiple two buildings, the address of the first building being 375 CR 352, Rifle CO 81650, and certain other improvements on the Leased Premises more particularly described on Exhibit B attached to this Sublease (the “Hangar A Improvements” or “Hangar A”); WHEREAS, the Leased Premises is also subject to that certain Declaration of Covenants, Conditions and Restrictions of Garco Premier Hangars at Rifle Garfield County Airport dated ____________, 20243, executed by Garco Premier Hangars and GarCo Hangar Association, jointly as Declarant, and recorded in the real property records of Garfield County at Reception No.____________ (the “Declaration”), the “Bylaws” (as defined in the Declaration) and the other “Association Documents” (as defined in the Declaration), which allow and provide for the development and management of a hangar development on the Leased Premises; Formatted: Superscript Commented [A1]: Need finalized Exhibit A showing amended parcel A-3 Commented [A2]: Finalized Exhibit B-this is a new exhibit 3 WHEREAS, Sublessor is also the “Association” (as defined in the Declaration) and holds all rights of the “Declarant” (as defined in the Declaration) under the Declaration; WHEREAS, Sublessor desires to sublease to Sublessee, and Sublessee desires to sublease from Sublessor, that certain portion of the Leased Premises within Hangar A described on Exhibit C attached to this Sublease (the “Subleased Premises”), together with the right to use the “Limited Common Elements” (as defined in the Declaration) and the “General Common Elements” (as defined in the Declaration), on the terms and conditions set forth herein; and WHEREAS, the Subleased Premises is also designated as Unit A2 under the Declaration. AGREEMENT NOW, THEREFORE, in consideration of the premises and mutual covenants and agreements contained herein, intending to be legally bound, the parties hereto for themselves, their successors and assigns, hereby covenant and agree as follows: 1. Agreement. Sublessor hereby subleases to Sublessee (i) the Subleased Premises for Sublessee’s exclusive use and occupancy on the terms and conditions set forth in this Sublease, and (ii) the exclusive right to use all “Limited Common Elements” (as defined in the Declaration and Bylaws) to the extent same are designated in the Declaration for use by the owner and/or sublessee of the Subleased Premises, and (iii) an undivided interest in the “General Common Elements” (as defined in the Declaration) in common with the owners and/or sublessees of other units pursuant to the Declaration. The provisions of the Ground Lease are incorporated into this Sublease and Sublessee shall be bound by the terms of the Ground Lease. For purposes of this Sublease, the term “General Common Elements” shall include all common areas of the buildings, common access points, aprons, taxiways, runways, easements or lease roads providing access from public roadways to the Subleased Premises for pedestrian and vehicular ingress, egress and access, and aircraft ingress, egress and access from taxiways and runways to the Subleased Premises. 2. Association Documents. This Sublease is subject to the Declaration, the Bylaws and the other Association Documents, and Sublessee expressly agrees to adhere to the requirements and terms set forth in those documents as a condition of this Sublease. Sublessee will have a mandatory membership in the Association for the Term of this Sublease, and will have the rights, duties, obligations and restrictions for the “Owner” (as defined in the Declaration) of Unit A2 as set forth in the Declaration, the Bylaws and the other Association Documents, and the rules and regulations (now existing or adopted in the future pursuant to the terms of the Association Documents) of the Association. This Sublease is also subject and subordinate to the terms of the Ground Lease and Sublessor does not purport to convey, and Sublessee does not hereby take, any greater rights in the Subleased Premises than those accorded to or taken by Sublessor as lesseetenant under the Ground Lease and is subject to and the rights of BOCC, the FAADepartment of Transportation or any successor to any of these entities, governmental bodies or agencies to the extent set forth in the Ground Lease. Sublesseetenant agrees to abide by and be bound by all the terms and conditions of the Ground Lease; all terms, representations, warranties, covenants conditions and restrictions of the Ground Lease are hereby ratified, restated and Commented [A3]: Final condo plat 4 confirmed by Subtenantlessee, shall be and remain in full force, and are assumed by Sublesseetenant. Sublesseetenant covenants and agrees that in no event will Subtenantlessee use the Leased Premises in any fashion which violates the terms of the Ground Lease. The Ground Lease and the Association Documents are collectively referred to herein as the “Controlling Documents”. Sublessee’s violation of a material obligation of Sublessee under the Controlling Documents beyond any applicable cure period shall be deemed a violation of this Sublease. Sublessor represents and warrants that Sublessor and the Subleased Premises, the Leased Premises and all improvements thereon are in compliance with the Controlling Documents as of the Effective Date of this Sublease. 3. Term. The “Term” of this Sublease will begin on the Effective Date of this Sublease, and will end on the expiration of the term of the Ground Lease, as extended or modified. In the event the Ground Lease terminates, the Term of this Sublease shall automatically terminate and Sublessor shall not be liable to Sublessee for any damages arising out of such termination, except as expressly set forth herein. Sublessee and Sublessor shall have no claims against Lessor (BOCC). Sublessor agrees that Sublessor shall have an obligation to timely exercise all available extensions of the term of the Ground Lease, and shall promptly provide to Sublessee copies of each such extension notice that has been delivered to BOCC pursuant to the terms of the Ground Lease, in each case at least one hundred twenty (120) days prior to the deadline for such notice. Sublessor’s failure to timely provide such exercise notices to BOCC and copies thereof to Sublessee no later than such 120-day period shall constitute a default of Sublessor hereunder. 4. Rent and Common Expenses. The total square footage that is subject to the Ground Lease is 76,152 square feet (the “Total Ground Lease Square Footage”), which is comprised of 50,837 square feet within Lease Parcel A, P16-EA (“Lease Parcel A”), and 25,315 square feet within Lease Parcel B, P16-EA (“Lease Parcel B”), all as depicted on Exhibit A. Within Lease Parcel A, 20,400 square feet is within Hangar A (“Hangar A”) and 39,450 square feet is considered “Common Area”. Accordingly, ground rental under the Ground Lease for Lease Parcel A shall be allocated ___% to the square footage within Hangar A (the “Hangar A Ground Rental”) and ___% to the square footage within the Common Area (the “Common Area Ground Rental”). The ground rental under the Ground Lease for Lease Parcel B is referred to herein as the “Hangar B Ground Rental”. Until the date of commencement of physical construction of hangars or vertical improvements on Lease Parcel B (the “Hangar B Construction Date”), the ground rental under the Ground Lease shall be allocated as follows: (a) GarCo Premier Hangars, as “Developer”, shall be responsible for 100% of the Hangar B Ground Rental, and (b) the owners of units within Hangar A shall collectively be responsible for (i) 100% of the Hangar A Ground Rental, plus (ii) 100% of the Common Area Ground Rental. From and after the Hangar B Construction Date, the ground rental under the Ground Lease shall be allocated as follows: (a) Developer and/or the owners of units within the hangar(s) constructed on Lease Parcel B shall collectively be responsible for (i) 100% of the Hangar B Ground Rental, plus (ii) 55.38% of the Common Area Ground Rental, and (b) the owners of units within Hangar A shall collectively be responsible for (i) 100% of the Hangar A Ground Rental, plus (ii) 44.62% of the Common Area Ground Rental. Commented [A4]: Update, as needed, with final development proposal. Exhibit A must show improved and unimproved parcels, with the updated sq. footage. Commented [A5]: Until all of Hangar A is subleased, what entity pays the expenses? Also GarCo Premier Hangars? Commented [A6]: The project is currently only Phase I=Hangar A and Phase II=Hangar B. Update with Hangar B construction plans. Please confirm if there is to be a Phase III, that will be presented in a separate proposal 5 Once the ground rental payable with regard to a specified period is determined pursuant to the foregoing, Sublessee will pay Sublessor as Rent for the Subleased Premises an amount equal to the ground rental for such period that is attributable to the owners of units within Hangar A, multiplied by Sublessee’s Pro Rata Share (defined below); provided, however, that except as expressly set forth herein, Sublessee shall have no obligation to pay any share of fees and expenses paid by Sublessor under the Ground Lease that are solely attributable to other sublessees or other portions of the Leased Premises that are not part of the Subleased Premises and of which Sublessee has no right to use or occupy. For purposes of this Sublease, Sublessee’s “Pro Rata Share” of Hangar A shall be 27.08%. Notwithstanding anything to the contrary, the Pro Rata Share of Sublessee under this Sublease constitutes Sublessee’s Pro Rata Share of costs attributable to Hangar A, and Sublessor or Developer shall be responsible for all costs attributable to Hangar B or Lease Parcel B (and Sublessee shall have no responsibility to contribute any Pro Rata Share with regard to costs attributable to Hangar B or Lease Parcel B. This rent will be modified and increase per the terms of the Ground Lease. Initially this rent is [_____________ Dollars ($_________)] per _________, payable in advance, without notice, demand, offset, or counterclaim, annually (or on any other timing determined by Sublessor). Rent will be paid at Sublessor's address. If the Term of this Sublease begins on other than the first day of a month/year or ends on other than the last day of a month/year, Rent will be prorated on a per diem basis. Rent will be subject to increases as is set forth in the Ground Lease, and Sublessee agrees to pay the Sublessee’s Pro Rata Share of the increases as they are applied. Also, as additional rent, Sublessee shall pay when due and owing the Sublessee’s Pro Rata Share of the Common Expenses attributable to Hangar A. "Common Expenses" means and includes (i) expenses of administration, maintenance, repair or replacement of the General Common Elements (but not the Limited Common Elements); (ii) expenses declared Common Expenses by the Association; (iii) all sums lawfully assessed against the unit owners/members by the Board of Directors of the Association; (iv) expenses agreed upon as Common Expenses by the Board of Directors of the Association pursuant to the terms of the Association Documents; and (v) the annual expenses as set forth in the annual budget of the Association as approved by the Board of Directors of the Association pursuant to the terms of the Association Documents. Sublessor agrees to assess and collect rent and assessments from other owners and sublessees of other portions of the Leased Premises in amounts and on timelines to allow Sublessor to timely and fully pay all amounts owed or otherwise becoming due under the Ground Lease or the Association Documents, and any failure to do so shall be a default of Sublessor under this Sublease. To the extent that portions of the Leased Premises or units (other than the Subleased Premises) are not subleased to third parties, Sublessor shall be responsible for the pro rata share of all expenses attributable to such units. 5. Acceptance of the Premises. Sublessee accepts the Subleased Premises in their present condition subject to the improvements constructed or to be constructed by Sublessor or by any Developer as designated by the Sublessor, all subject to the terms of that certain Purchase and Sale Agreement executed by Sublessee and Sublessor and/or GarCo Premier Hangars (including, without limitation, all warranties set forth therein). Sublessee will be responsible for its individual utility expenses. 6. Services. Sublessor will provide access to the Subleased Premises and Sublessor’s designated Developer will construct the utilities to service the Subleased Premises, or make the Commented [A7]: Whole section to be updated to meet current development plans. 6 Premises ready for the utility companies to construct the utilities to service the Subleased Premises and improvements constructed thereupon. Notwithstanding anything to the contrary, Sublessee’s rental obligations hereunder shall not commence until all utilities have been connected to the Subleased Premises and are operational. 7. The Ground Lease. This Sublease is subject and subordinate to the Ground Lease, as amended from time to time, in accordance with the Controlling Documents. Without first obtaining Sublessee’s prior written consent, Sublessor shall not amend or modify the Ground Lease, including, without limitation, by adding any other area or square footage to the Ground Lease. Except as expressly modified or exempted by this Sublease, and other than paragraphs and obligations related to the payment of rent, construction obligations and those related to portions of the Leased Premises that are not part of the Subleased Premises, the provisions of the Ground Lease are applicable to this Sublease as though Sublessor were the Lessor under the Ground Lease were the Sublessor under this Sublease, and Sublessee were the Lessee under the Ground Lease were Sublessee under this Sublease. Sublessee will indemnify Sublessor against any loss, liability, and expenses (including reasonable attorneys' fees and costs) arising out of any Sublessee’s violation of any of the terms of the Ground Lease by Sublessee. The parties acknowledge and agree that Sublessor may enforce any of the terms of the Ground Lease, as incorporated into this Sublease, directly against Sublessee. Sublessor acknowledges that any default under the Ground Lease by Sublessor (as lessee under the Ground Lease) or by any other sublessee of any other part of the Leased Premises (other than the Subleased Premises) would have material negative impacts on Sublessee and its leasehold interest pursuant to this Sublease. Accordingly, Sublessor shall immediately, upon receipt of notice of any default under the Ground Lease or any other circumstance that, with the passage of time or any cure period, could become a default under the Ground Lease or result in the termination of the Ground Lease (collectively, a “Potential Default”), provide written notice of such Potential Default to Sublessee. In the event of any Potential Default under the Ground Lease that is not timely cured by Sublessor at least ten (10) days prior to the applicable deadline, cure period or other applicable period, in addition to the other remedies set forth below, Sublessee shall have the right to cure such Potential Default and then (i) collect reimbursement of all costs incurred by Sublessee related thereto from Sublessor, and (ii) be subrogated to Sublessor’s rights, title and interest under the Ground Lease. 8. Assignment and Subletting. Any sublease Sublessee shall have the right to further sublet portions of space within the Subleased Premises shall be subject to Sublessor’s and BOCC’s prior without the express written approval pursuant to the Ground Leaseconsent of Sublessor and subject to the Airport Minimum Standards (a “Sub-Sublease”); provided, however, that Sublessee shall provide Sublessor and BOCC with a copy of the executed Sub-Sublease for review and approval along written notice of such actions and with the name and contact information of any person or entity with whom Sublessee executes a Sub-Sublease or allows to occupy or use space within the Subleased Premises. Notwithstanding anything to the contrary, Sublessee shall not have the right to sell or assign its unit or this Sublease to any third party without the prior written consent of Sublessor, which consent shall not be unreasonably withheld provided that the purchaser / assignee of this Sublease has acceptable financial capability to comply with the terms of this Sublease in Sublessor’s reasonable judgment. Assignment of this Sublease shall also require express written approval of the BOCC pursuant to the Ground Lease and Airport Minimum Standards. Commented [A8]: Need to discuss sub subleases 7 9. Indemnification. Sublessee, agrees to fully indemnify and hold harmless Sublessor and BOCC and Sublessor’s and BOCC’s officers, directors, successors and assigns from any claims, demands, suits, damages, injury to persons or property, or losses of any kind to the extent such losses result from or relate to Sublessee’s occupancy of the Subleased Premises of the Leased Premises; provided that such indemnity shall not be applicable to the extent caused or related to the actions, omissions, negligence or willful misconduct of Sublessor. Sublessor, agrees to fully indemnify and hold harmless Sublessee and BOCC and Sublessee’s and BOCC’s partners, officers, directors, successors and assigns from any claims, demands, suits, damages, injury to persons or property, or losses of any kind to the extent such losses result from or relate to Sublessor’s occupancy of portions of the Leased Premises other than the Subleased Premises or Sublessor’s defaults under this Sublease, the Association Documents or the Ground Lease; provided that such indemnity shall not be applicable to the extent caused or related to the actions, omissions, negligence or willful misconduct of Sublessee. 10. Sublessee Default. The following shall constitute a material default on the part of Sublessee: i. The failure of Sublessee to pay rent after the same is due hereunder and within five (5) days after written notice of such default by Sublessor to Sublessee. ii. The failure of Sublessee to comply with any other provision of this Sublease, the Association Documents or the Ground Lease within thirty (30) days after written notice of such default by Sublessor to SubleseeSublessee (or such longer period that may be necessary to cure such default if Sublessee commences the cure of the applicable default within such thirty (30) day period and diligently prosecutes such cure to completion). 11. Sublessor Remedies. If any Sublessee Default occurs and continues beyond the applicable cure period, Sublessee will have the right, at Sublessor's election, to exercise any one or more of the remedies described below, which shall be cumulative. i. Cure by Sublessor. Sublessor may, at Sublessor's option but without obligation to do so, and without releasing Sublessee from any obligations under this Sublease, make any payment or take any action as Sublessor deems necessary or desirable to cure any Sublessee Default in such manner and to such extent as Sublessor deems necessary or desirable. Sublessor may do so without additional demand on, or additional written notice to, Sublessee and without giving Sublessee an additional opportunity to cure such Sublessee Default. Sublessee covenants and agrees to pay Sublessor all reasonable advances, costs and expenses of Sublessor in connection with making any such payment or taking any such action, as well as Sublessor’s reasonable attorneys’ fees within forty-five (45) days after receipt of written 8 request for the same from Sublessor, accompanied by itemized invoices evidencing such costs and expenses. ii. Termination of Sublease. Sublessor may terminate this Sublease by written notice to Sublessee, effective at such time as may be specified in such written notice to Sublessee, and demand (and, if such demand is refused, recover) possession of the Subleased Premises from Sublessee and ownership and title to any all improvements situated on the Subleased Premises shall revert to and become the property of Sublessor upon such termination of this Sublease. iii. Exercise of Remedies Under Ground Lease. In the event of Sublessee’s default under the terms and conditions of the Ground Lease, Sublessor may exercise any right or remedy that BOCC may have under the terms of the Ground Lease. 12. Sublessor Default. The following shall constitute a material default on the part of Sublessor: i. The failure of Sublessor to pay rent and other amounts due to be paid by Sublessor to BOCC or otherwise under the Ground Lease prior to the due date thereunder. ii. The failure of Sublessor to comply with, and cause Sublessor’s other sublessees to timely comply with, any other provision of the Ground Lease or the Association Documents. iii. The failure of Sublessor to comply with any other provision of this Sublease, the Association Documents or the Ground Lease within thirty (30) days after written notice of such default by Sublessee to Sublessor (or such longer period that may be necessary to cure such default if Sublessor commences the cure of the applicable default within such thirty (30) day period and diligently prosecutes such cure to completion). 13. Sublessee Remedies. If any Sublessor Default occurs and continues beyond the applicable cure period, Sublessee will have the right, at Sublessee's election, to exercise any one or more of the remedies described below, which shall be cumulative. i. Cure by Sublessee. Sublessee may, at Sublessee's option but without obligation to do so, and without releasing Sublessor from any obligations under this Sublease, make any payment or take any action as Sublessee deems necessary or desirable to cure any Sublessor Default in such manner and to such extent as Sublessee deems necessary or desirable. Sublessee may do so without additional demand on, or additional written notice to, Sublessor and without giving Sublessor an additional opportunity to cure such Sublessor Default. Sublessor covenants and agrees to pay Sublessee 9 all reasonable advances, costs and expenses of Sublessee in connection with making any such payment or taking any such action, as well as Sublessee’s reasonable attorneys’ fees within forty-five (45) days after receipt of written request for the same from Sublessee, accompanied by itemized invoices evidencing such costs and expenses. ii. Termination of Sublease. Sublessee may terminate this Sublease by written notice to Sublessor, effective at such time as may be specified in such written notice to Sublessor. iii. Exercise of Remedies Under Ground Lease. As more particularly described in Section 7 above, in the event of Sublessor’s or any third party’s default under the terms and conditions of the Ground Lease, Sublessee may exercise any right or remedy that may be available under the terms of the Ground Lease for the purpose of curing such default and avoiding termination or the rise of any right by BOCC or any third party to terminate the Ground Lease. 14. Miscellaneous—Captions, Exhibits, Gender, Legal Entity and/or Number. The captions and table of contents are inserted in this SublLease only for convenience of reference and do not define, limit, or describe the scope or intent of any provisions of this SublLease. The exhibits to the Ground Lease are incorporated into this Sublease. Unless the context clearly requires otherwise, the singular includes the plural, and vice versa, and the masculine, feminine, and neuter adjectives include one another. 15. Waiver. No waiver by either party of any failure of a party to comply with any term or condition of this Sublease shall be construed to be a waiver of any other term or obligation. 16. Governing Law. This Sublease shall be governed and construed in accordance with the laws of the state of Colorado without regard to its conflicts of law provisions. The District Court of Garfield County, Colorado shall be the exclusive jurisdiction and venue for any dispute related to the terms of this Sublease. THE PARTIES EXPRESSLY WAIVE THE RIGHT TO A TRIAL BY JURY IN ANY ACTION TO ENFORCE THE TERMS OF THIS SUBLEASE. The prevailing party in any action to enforce the terms of this Sublease shall be entitled to an award of such party’s reasonable attorneys’ fees and costs. 15. Limitation of Liability. Under no circumstance shall either party to this Sublease be liable for an award of punitive, exemplary, indirect, or consequential damages, including but not limited to damages for loss of use or loss profits. 16. Notice. All notices and other communications required or permitted under this Sublease shall be in writing and deemed delivered: (i) one day after deposit with any overnight mail service which maintains delivery records addressed as follows, (ii) upon e-mail transmission to the e-mail address set forth below. 10 17. Entire Agreement. This Sublease contains the entire agreement of the parties and supersedes all prior agreements between the parties, either written or oral, with respect to the transactions contemplated hereby. It may not be changed or terminated orally, but may only be changed by an agreement in writing signed by the party against whom enforcement of any waiver, change, modification, extension, renewal, discharge or termination is sought. The parties agree that this Sublease, or a memorandum thereof, shall be recorded in the real property records of Garfield County, Colorado. If to Sublessor: GarCo Hangar Association 43 Sunflower Loop Carbondale, CO 81623 Telephone: 303-884-0605 Email: guggy4u@aol.com With a copy to: TH-RF Real Estate, LP Attn: Evan Radler 1320 S. University Drive Suite 500 Fort Worth, TX 76107 Email: eradler@tug-hillop.com If to Sublessee: TH-RF Real Estate, LP Attn: Evan Radler 1320 S. University Drive Suite 500 Fort Worth, TX 76107 Email: eradler@tug-hillop.com [Signatures on following page(s)] Sublessor and Sublessee have executed this Sublease to be effective as of the Effective Date. SUBLESSOR: Garco Premier Hangars LLC, a Colorado limited liability company By: Name: Title: Garco Hangar Association, a Colorado not-for-profit corporation By: Name: Title: ACKNOWLEDGMENT STATE OF COLORADO § § COUNTY OF _______________ § This instrument was acknowledged before me on this the _____ day of _____________, 2023, by Daniel Guggenheim, on behalf of GarCo Premier Hangars LLC, a Colorado limited liability company, on behalf of said entity. [seal] Notary Public, State of Colorado Printed Name: My commission expires: ACKNOWLEDGMENT STATE OF COLORADO § § COUNTY OF _______________ § This instrument was acknowledged before me on this the _____ day of _____________, 2023, by Daniel Guggenheim, on behalf of GarCo Hangar Association, a Colorado not-for-profit corporation, on behalf of said entity. [seal] Notary Public, State of Colorado Printed Name: My commission expires: SUBLESSEE: TH-RF Real Estate, LP, a Texas limited partnership By: Tug Hill, Inc., a Nevada corporation, its general partner By: _________________________________ Name: M. Evan Radler Title: President ACKNOWLEDGMENT STATE OF TEXAS § § COUNTY OF _______________ § This instrument was acknowledged before me on this the _____ day of _____________, 2023, by M. Evan Radler, as President of Tug Hill, Inc., a Nevada corporation, as general partner of TH-RF Real Estate, LP, a Texas limited partnership, on behalf of said entity. [seal] Notary Public, State of Texas Printed Name: My commission expires: Commented [A9]: Need to verify signature, who is Tug Hill to THRF? Correct title? General Partner v. President? And then notary block EXHIBIT A DESCRIPTION OF THE LEASED PREMISES Lease Parcel A and Lease Parcel B as depicted / described on the following pages. Commented [A10]: Update with finalized exhibits EXHIBIT B IMPROVEMENTS See following pages. Commented [A11]: Update EXHIBIT C DESCRIPTION OF THE SUBLEASED PREMISES Hangar Space A-2 shown below Exhibit O Exhibit P -$,2>6<%-$*?4 -??7 ?A 12<< ,2>6< +2G:=2 .C2>5:>8 .62= -??7 ,2>6< )<2C B9?F># 2<B? 2E2:<23<6 F:C9 BCA:2C:?>B ?A @6>4:< A:3B +D<C:$-:3 -??7 ?A 12<< ,2>6< +D<C:$0 12<< ,2>6< +682$-:3 -??7 ?A 12<< ,2>6< +2BC6A*?;$'&% (6>CA2< *?4 .C2>5:>8 .62= -??7 ,2>6< /H@:42< ,2>6< ,A?7:<6B Per commentary to AISC 360-16 M2.5, all joints using F3125 Gr A325 bolts are only required to have the bolts installed to the snug-tight condition as defined in 8.1 of the RCSC Specification for Structural Joints Using High-Strength Bolts with the following exceptions: buildings located in seismic design category D, E, or F; or the supporting structure for cranes over 5 ton capacity or other machinery or equipment where live loads produce impact or reversal of stresses. Fully tightened (pretensioned) bolts are required for the above exceptions and for F3125 Gr A490 bolts, which can be accomplished with the turn of nut method, calibrated wrench method, twist-off tension control bolt method, direct tension indicator method, or combined method as outlined in section 8 of the RCSC specification. Turn-of-Nut Method - First bring bolts to a “snug tight” condition to ensure that the parts of the joints are brought into a good contact with each other. Next, match mark the nut, bolt and the plate, then additionally tighten all bolts by rotation indicated in the table above-progressing systematically from the most rigid part of the joint in a manner that will minimize relaxation of previously pretensioned bolting assemblies. During this operation there shall be no rotation of the part not turned by the wrench. For instructional videos on the proper application of the turn of nut method search the web for "turn of nut bolting method". Consult section 8 of the RCSC Specification dated June 11, 2020 for more complete installation instructions for the turn of nut and other bolt tightening methods, available for download here: https://www.boltcouncil.org/documents.html. A crane and/or forklift is recommended to safely unload the components of a metal building. Care should always be taken to avoid damaging material. Always spread the forks as wide as possible to prevent the panels from bending. Even with the forks as wide as possible, it still may be necessary to lift certain loads with a crane and spreader bar to avoid damaging material. WHEN SHEETS ARE 30' OR LONGER WE RECOMMEND USING THIS PROCESS WHEN UNLOADING OR HANDLING NOTE: Long panels may be difficult to handle by lifting the bundle from beneath. WRONG WAY RIGHT WAY X WRONG WAY RIGHT WAY X Colorado River Fire Rescue 1850 Railroad Avenue • Rifle, Colorado 81650 Telephone: (970) 625-1243 • Fax: (970) 625-2963 • www.crfr.us Mission Statement: "WE ARE DEDICATED TO PROTECTING LIFE, HOME, AND PROPERTY THROUGH LEADERSHIP EDUCATION AND PARTNERSHIPS.” Plan Review Requirements for Tallyho Aircraft Hangar June 23, 2022 After reviewing the plans for the new proposed 5 bay aircraft hangar located at Garfield County Airport, the following is Colorado River Fire Rescue Requirements: 1. The total building size is 20,400 SF with S-1 occupancy and type of construction to be II B. The 2015 International Fire Code, 903.2.9, “An automatic sprinkler system shall be provided throughout all building containing a group S-1 occupancy where one of the following conditions exists; # 3, “The combined area of all Group S-1 fire area on all floors, including any mezzanines, exceeds 24,000 SF”. The 2015 IFC was amended and adopted by Garfield County and Colorado River Fire Protection District. Section 903.2 was amended to read “Where required. Approved automatic sprinkler system in new buildings and structures shall be provided in locations described in this section and sections 903.2.1 through 903.2.12”. 903.2 # 2 says “in every story, basement and mezzanine of any building where total floor area exceeds the limits shown in table A below”. Table A shows II-B construction with maximum floor area of 9,000 SF. This new building exceeds the 9,000 SF. This building is required to have a Fire Sprinkler System Installed. A NFPA 13 fire sprinkler system is required to be installed. Sprinkler system shall be designed by NICET III designer and installed by qualified and licensed sprinkler company. Zone Valves on sprinkler system shall be installed in each hangar space to insure proper protection for building. All underground and sprinkler plans must be approved by Fire Marshal. Underground sprinkler line shall be installed by a State licensed contractor and inspected per NFPA 13, Chapter 6. CRFR will conduct all underground inspections, flush test, and hydrostatic test inspections. 2. Fire system supervision and alarms. “Valves controlling the water supply for automatic sprinkler system shall be electronically supervised by a listed fire alarm control unit”. 2015 IFC section 903.4. Fire alarm monitoring shall be required, 2015 IFC section Exhibit Q Colorado River Fire Rescue 1850 Railroad Avenue • Rifle, Colorado 81650 Telephone: (970) 625-1243 • Fax: (970) 625-2963 • www.crfr.us Mission Statement: "WE ARE DEDICATED TO PROTECTING LIFE, HOME, AND PROPERTY THROUGH LEADERSHIP EDUCATION AND PARTNERSHIPS.” 903.4.1, “alarm, supervisory and trouble signals shall be distinctly different and shall be automatically transmitted to an approved supervising station”. Telephone lines shall be installed to site for fire alarm monitoring. Fire alarm system shall meet requirements of NFPA 72, designed by a qualified NICET III designer and approved by Fire Marshal. 3. Fire extinguishers shall be installed according to 2015 IFC Chapter 9 Section 906.1 for High hazard occupancy. 4A- 40 BC extinguishers shall be installed. Plans for fire extinguisher location shall be submitted to Fire Marshal for approval. 4. Fire hydrants may/ may not, need to be installed based on distance from nearest already installed hydrants. Site plans show no existing hydrants. Airport site plan with existing hydrants and this lot locations can be submitted to the Fire Marshal for hydrant approval. 5. Fire department all weather driving surface access road required to the building. Site plan does not show existing access roads to this site. Airport site plan with existing roads and this lot location can be submitted to the Fire Marshal for access road approval. Feel free to contact me with any questions or concerns with this document. Thank You, Orrin D. Moon Prevention Division Chief/Fire Marshal Colorado River Fire Rescue 970-625-1243 orrin.moon@crfr.us Draft Geotechnical Investigation Report Private Hangar Lots A1 and A2 Rifle-Garfield County Airport Rifle, Colorado Yeh Project No.: 222-084 March 18, 2022 Prepared for: Crisak Inc. ATTN: Scott Moffat 37174 Devon Wick Lane Purcellville, VA 20132 Prepared by: Yeh and Associates, Inc. 1525 Blake Avenue Glenwood Springs, Colorado 81601 Phone: 970-384-1500 Fax: 970-384-1501 Exhibit R Draft Geotechnical Investigation Report Private Hangar Lots A1 and A2 Rifle-Garfield County Airport Rifle, Colorado Yeh Project No.: 222-084 March 18, 2022 Prepared by: Prepared by: Kevin Dye, P.E. Sylvia White Project Engineer Senior Geologist Reviewer: Independent Reviewer: Scott W. Richards, P.E., P.G. Martin L. Skyrman, P.E. Senior Project Manager Senior Project Manager i Table Of Contents 1. PURPOSE AND SCOPE OF STUDY ................................................................................................... 1 2. PROPOSED CONSTRUCTION .......................................................................................................... 2 3. SITE CONDITIONS AND GEOLOGIC SETTING .................................................................................. 3 3.1 SITE CONDITIONS ............................................................................................................................... 3 3.2 GEOLOGIC SETTING ............................................................................................................................ 3 4. SUBSURFACE INVESTIGATION AND CONDITIONS .......................................................................... 4 4.1 FIELD INVESTIGATION ......................................................................................................................... 4 4.2 SUBSURFACE CONDITIONS ................................................................................................................... 6 4.3 LABORATORY TESTING ........................................................................................................................ 6 4.3.1 CLAY ..................................................................................................................................... 6 4.3.2 SAND ..................................................................................................................................... 7 4.4 GROUNDWATER ................................................................................................................................ 7 5. SEISMIC CONSIDERATIONS ........................................................................................................... 7 6. FOUNDATION RECOMMENDATIONS ............................................................................................. 8 6.1 SHALLOW FOUNDATIONS .................................................................................................................... 8 6.2 DEEP FOUNDATIONS ........................................................................................................................ 10 6.2.1 HELICAL PILE FOUNDATION ..................................................................................................... 10 6.3 FLOOR SLAB DESIGN AND CONSTRUCTION ........................................................................................... 11 7. PAVEMENT ................................................................................................................................. 12 8. CORROSIVITY .............................................................................................................................. 12 9. RADON GAS ................................................................................................................................ 12 10. SITE GRADING AND CONSTRUCTION CONSIDERATIONS .............................................................. 12 10.1 SITE AND SUBGRADE PREPARATION .................................................................................................... 13 10.2 UNDERCUTTING AND SUBGRADE STABILIZATION ................................................................................... 13 10.3 EXCAVATION AND TRENCH CONSTRUCTION .......................................................................................... 14 10.4 DEWATERING/SHORING .................................................................................................................... 15 10.5 ENGINEERED AND STRUCTURAL FILL REQUIREMENTS ............................................................................. 15 10.6 COMPACTION REQUIREMENTS ........................................................................................................... 16 10.7 UTILITY TRENCH BACKFILL ................................................................................................................. 17 10.8 CUT AND FILL SLOPES ....................................................................................................................... 17 10.9 DRAINAGE CONSIDERATIONS ............................................................................................................. 18 10.10 CONSTRUCTION IN WET OR COLD WEATHER .............................................................................. 18 11. LIMITATIONS .............................................................................................................................. 18 12. REFERENCES ............................................................................................................................... 20 ii List Of Tables TABLE 1 – SEISMIC PARAMETERS FOR REFERENCE SITE CLASS B ................................................................................ 7 TABLE 2 – SEISMIC DESIGN PARAMETERS FOR PROJECT SITE ..................................................................................... 7 TABLE 3 – IMPORTED STRUCTURAL FILL CRITERIA ................................................................................................. 16 TABLE 4 – COMPACTION REQUIREMENTS ............................................................................................................ 17 List Of Figures FIGURE 1 ‐ PROJECT AREA LOCATION .................................................................................................................... 1 FIGURE 2. ‐ DRILLING BORING B‐1 LOOKING WEST .................................................................................................. 5 FIGURE 3 – DRILLING BORING B‐3 AT EAST EDGE TAXIWAY B4 LOOKING NORTH .......................................................... 5 List Of Appendices GEOLOGY MAP .................................................................................................................................... A BORING LOCATION MAP ...................................................................................................................... B BORING LOGS AND LEGEND ................................................................................................................. C LABORATORY TEST RESULTS ................................................................................................................ D Private Hangar Lots A1 and A2 Yeh Project No. 222-084 Rifle Garfield County Airport, Rifle, Colorado 1 1. PURPOSE AND SCOPE OF STUDY This report presents the results of our geotechnical engineering investigation for the proposed hangar on Lots A-1 and A-2 at the Rifle Garfield County Airport in Rifle, Colorado. The investigation was performed in accordance with Yeh and Associates Inc. (Yeh) Proposal No. 222-084, dated February 14, 2022. Our scope of services was authorized by Mr. Scott Moffat, a Preconstruction Manager with Crisak Inc., on February 16, 2022. The purpose of the work is to collect subsurface data from the site and prepare foundation, floor slab and general site grading recommendations for the proposed improvements. The project location is presented in Figure 1. Figure 1 - Project Area Location Private Hangar Lots A1 and A2 Yeh Project No. 222-084 Rifle Garfield County Airport, Rifle, Colorado 2 Our scope of services included the following:  Drill a minimum of two (2) borings near proposed structure corners  Collect soil samples and perform laboratory testing to include classification, R-value, swell/collapse potential, unconfined compressive strength and corrosivity  Record standard penetration blow counts to be used in geotechnical analysis and design  Prepare a report that: o Summarizes field and laboratory data o Presents the results of geotechnical engineering analyses o Provides structure foundation, concrete floor slab and general site grading recommendations The geotechnical investigation consisted of geologic reconnaissance and drilling of exploratory borings to investigate subsurface conditions. Field investigation activities were overseen by a Yeh engineer. Samples obtained during the field exploration were examined by the project engineer and laboratory testing of representative samples was performed to evaluate the engineering characteristics of materials encountered. Based on our investigation, Yeh completed a geotechnical engineering evaluation for the proposed improvements. This report summarizes our field investigation, the results of our analyses, and our conclusions and recommendations based on the proposed construction, site reconnaissance, subsurface investigation, and results of the laboratory testing. A detailed pavement evaluation was outside the scope of our services. Yeh should be contacted, as needed, to provide additional pavement design recommendations under a supplemental scope of services. 2. PROPOSED CONSTRUCTION A preliminary site plan provided by the client shows the proposed construction site. . Based on preliminary plans and email communications with the client, proposed structures include a pre- engineered metal frame airport hangar with concrete floor slab located east of the terminal building on Lots A-1 and A-2 along Taxiway B4, the Group II Taxilane. The planned hangar dimensions are 176 feet by 133 feet and new pavement is expected to connect the hangar to the Taxilane. Boring locations were chosen based on the information as above. Private Hangar Lots A1 and A2 Yeh Project No. 222-084 Rifle Garfield County Airport, Rifle, Colorado 3 3. SITE CONDITIONS AND GEOLOGIC SETTING 3.1 Site Conditions The Rifle Garfield County Airport, identified by the FAA as RIL, is located at the north end of Runway Road, less than one mile from its intersection with County Road 352, south of Interstate 70, and southeast of Rifle, Garfield County, Colorado. The project area includes unimproved Lots A-1 and A-2 west of Taxiway B4, east of the existing terminal building and south of Runway 26 as shown on the Figure B-1 Approximate Test Boring Location Map in Appendix B. Elevations were estimated from Google Earth and ranged between approximately 5,535 and 5,545 feet. The project site was nearly level with grades of less than 2 percent. The Last Chance Ditch is approximately 0.5 miles north and approximately 150 feet lower than the project area, with Mamm Creek located approximately 0.5 mile to the east and northeast, and the Colorado River is approximately 0.9 mile to the north. Vegetation at the site included native and cultured grasses and no trees or shrubs were observed at the site. The ground was snow- covered at the time of this investigation. Public utilities in the area were located and marked after UNCC One Call locates. We were not notified of private infrastructure near the drill locations and private utility locates were outside of our scope of services for this investigation. 3.2 Geologic Setting The project area is situated on a small mesa northeast of Grass Mesa in the southeast area of the Piceance Basin of western Colorado, a complex of numerous anticlines and synclines and a major gas production area. The Piceance Basin is located in the Colorado Plateau province and the topography of the basin is made up of high plateaus, ridges and deep valleys. The asymmetrical, arc-shaped basin is 100 miles long by 50 miles wide that is oriented northwest- southeast and is deepest on the east edge. It is bounded structurally on the north by the Uinta Mountains, on the northeast by the Axial Uplift, on the east by the Grand Hogback/White River Uplift and the Elk Mountains, on the south by the Uncompahgre Uplift and on the west by the Douglas Creek Arch/Rangely Dome. Underlying bedrock near the project site, generally dips, or tilts, at approximately 3 to 8 degrees to the west and northwest. Based on the U.S. Geological Survey Geologic Map of the Silt quadrangle (Shroba, 2001), bedrock underlying the site, and Private Hangar Lots A1 and A2 Yeh Project No. 222-084 Rifle Garfield County Airport, Rifle, Colorado 4 also exposed surrounding the site, is the varicolored claystone, mudstone, siltstone and weakly cemented sandstone of the Tertiary age Shire Member of the Wasatch Formation. The formation contains a weak calcite cement and may be prone to landslides. Surficial deposits at the site include Quaternary age loess deposits of wind-blown, calcareous clay, silt and sand overlying sand, pebbles, and cobbles of terrace alluvium. The terrace alluvium in this area may be mantled by two loess sheets and may contain or be overlain by Quaternary age Lava Creek B volcanic ash (Shroba, 2001). The loess in the project area is estimated to be 3 to 24 feet (1 to 8 meters) thick. Artificial/manmade fill and disturbed areas may be present at the project site. Based on Shroba, 2001 mapping information and our experience in this area, the loess deposits and potential ash layers may be prone to sheet erosion, gullying, piping, and hydro-compaction. A Geology Map is presented in Appendix A. 4. SUBSURFACE INVESTIGATION AND CONDITIONS 4.1 Field Investigation A total of three (3) borings were drilled in the project area. Boring B-1 was drilled in the northwest quadrant of Lot A-1, boring B-2 was drilled in the southeast quadrant of Lot A-2 and boring B-3 was drilled through the existing pavement at the west edge of Taxiway B4 along the east perimeter of the lots. The borings were completed on February 24, 2022 at locations selected by Yeh based on the estimated structure foundation layout as provided by the client. Survey of the borings was outside the scope of this investigation. The approximate locations of the borings are presented on Figure B-1, Approximate Test Boring Location Map, in Appendix B. All borings were advanced using a Diedrich D-90 track-mounted drill rig with 4-inch solid, continuous flight auger. At selected intervals, a modified California sampler with a 2-inch interior diameter (ID) and 2.5 inch outside diameter (OD), or a standard split spoon sampler with a 1⅜- inch ID and 2-inch OD were used to record blow counts (SPT) and obtain samples. The sampler was seated at the bottom of the boring, then advanced by a 140-pound hydraulic automatic, or “auto,” hammer falling a distance of 30 inches. The number of blows required to drive the sampler two 6-inch intervals or a fraction thereof, constitutes the N-value. Bulk samples of drill cuttings were also obtained. Boring logs and legend are presented in Appendix C. See Figures 2 and 3 for boring activity photos. Private Hangar Lots A1 and A2 Yeh Project No. 222-084 Rifle Garfield County Airport, Rifle, Colorado 5 Figure 2. - Drilling boring B-1 looking west Figure 3 – Drilling boring B-3 at east edge Taxiway B4 looking north Private Hangar Lots A1 and A2 Yeh Project No. 222-084 Rifle Garfield County Airport, Rifle, Colorado 6 4.2 Subsurface Conditions Subsoils encountered in borings B-1 and B-2 at the surface consisted of approximately 6 inches of topsoil over stiff to hard sandy clay or clay with sand to depths explored of up to 30 feet. Boring B-1 encountered a dense sand and gravel lens at approximately 5 to 9 feet deep. Boring B-3 was drilled at the west edge of the Taxiway B-4 and had 4.5 inches of asphalt over 24 inches of base material of gravel and sand with clay over sandy clay. Groundwater was not encountered in any of the borings. Bedrock was not encountered and drilling to bedrock was not included in the scope of services. Boring logs and legend are presented in Appendix C and results of the laboratory testing are presented in Appendix D. 4.3 Laboratory Testing Representative soil samples were selected for geotechnical and analytical laboratory testing. Laboratory testing was performed in general accordance with industry standards and local practice. Tests included the following:  Natural moisture and dry density  Particle-size analysis  Atterberg limits  Swell/collapse potential  Water soluble sulfates  R-value Results of the laboratory testing are shown on the boring logs in Appendix C and presented in the Laboratory Summary in Appendix D. Unconfined compressive strength testing was attempted but samples crumbled upon extrusion from liners due to the percentage of sand and the low moisture content. 4.3.1 Clay Laboratory testing was performed on 12 clay samples that had 53 to 80 percent fines (material passing the No. 200 sieve). Atterberg limit testing on 11 of these samples indicated liquid limits of 21 to 31 percent, and plasticity indices of 4 to 18 percent. Swell/collapse testing (ASTM D4546) on four of these samples taken at depths between 3 and 10 feet exhibited collapse of 1.7 to 3.1 percent upon wetting and an applied pressure of 1,000 pounds per square foot (psf). Hveem (R-value) testing performed on a bulk sample of clay taken between depths of 0.5 to 5 feet resulted in a value of 14 at exudation pressures of 300 pounds per square inch (psi).The clay samples classified as CL and CL-ML according to the Unified Soil Classification Private Hangar Lots A1 and A2 Yeh Project No. 222-084 Rifle Garfield County Airport, Rifle, Colorado 7 System (USCS) and as A-4 (0), A-4 (2), and A-6 with group indices of 3, 5, 6, 9 and 10 based on the American Association of State Highway and Transportation Officials (AASHTO). 4.3.2 Sand One sand sample tested had 36 percent fines, a liquid limit of 22 percent and a plasticity index of 8 percent. The sand sample tested classified as SC (USCS) and as A-4 (0) (AASHTO). 4.4 Groundwater No groundwater was encountered in the borings during drilling. Variation in groundwater levels will be largely dependent upon the amount of spring snowmelt, duration and intensity of precipitation, site grading changes, and the surface and subsurface drainage characteristics of the surrounding area. Perched water tables may be present but were not encountered in the exploratory borings. 5. SEISMIC CONSIDERATIONS Results of the field investigation and laboratory test results were used to evaluate the seismic site classification in accordance with IBC 2015 using Seismic Design Maps Web Services. Based upon the nature of the subsurface materials we recommend that Site Class D (stiff soil) be used in the design of the risk category II, III and IV structures for the proposed project (approximate site coordinates: 39.5237° N, -107.7168° W). The site class was based on the conditions encountered in our shallow exploratory soil borings and our knowledge of the subsurface conditions in the site vicinity. The soil characteristics extending beyond the depth of our borings were assumed for the purposes of providing this site classification. The site seismic design parameters are presented in Tables 1 and 2. These values are the same for risk categories II, III and IV. Table 1 – Seismic Parameters for Reference Site Class B PGA (0.0 sec) SS (0.2 sec) S1 (1.0 sec) 0.179 g 0.307 g 0.08 g Table 2 – Seismic Design Parameters for Project Site Site Class Fa (0.2 sec) Fv (1.0 sec) SDS (0.2 sec) SD1 (1.0 sec) D 1.554 2.4 0.318 g 0.128 g Private Hangar Lots A1 and A2 Yeh Project No. 222-084 Rifle Garfield County Airport, Rifle, Colorado 8 6. FOUNDATION RECOMMENDATIONS In general, the site appears suitable for the proposed construction based on geotechnical conditions encountered in the borings. The hangar can be supported on shallow foundations such as spread or strip footings bearing on native soils at the recommended depth. An email received from SGM, project structural engineer, on March 3, 2022 anticipates a maximum column location load of 150 kips for shallow foundations and pier loads of 250 kips or more for deep foundations. An increased bearing pressure may be used if shallow foundations are placed on a properly prepared layer of structural fill as described below. Deep foundations such as helical piles would also be an appropriate option in the existing soils. Foundation design and construction should follow the Garfield County requirements and the 2015 International Building code (IBC). Recommendations presented herein should be confirmed by a representative of Yeh once excavations for foundations are completed and prior to placement of reinforcing steel and concrete. 6.1 Shallow Foundations Based on the subsurface exploration and laboratory test results, shallow foundations placed on undisturbed native soil may be used to support the hangar. A higher bearing pressure can be achieved, as described below if a thickness of clay soil below the foundation elements is removed and replaced with imported structural fill in accordance with Section 10.5, Engineered and Structural Fill Requirements. On-site soil should not be used as structural fill placed beneath footings due to the high percentage of fine-grained material. Shallow foundations should be designed in accordance with the following recommendations: 1. Shallow foundations, including strip footings or spread footings, bearing on native soil can be designed for an allowable bearing pressure of 2,500 psf. 2. An allowable bearing pressure of 4,500 psf can be used if existing clay soils are removed to a minimum depth of 2 feet below shallow foundations and replaced with imported structural fill meeting the criteria in Table 3. The fill should extend 2 feet laterally beyond all footing edges. Private Hangar Lots A1 and A2 Yeh Project No. 222-084 Rifle Garfield County Airport, Rifle, Colorado 9 3. The allowable design values are based on a factor of safety of 3.0. A one-third increase in the allowable bearing pressure may be used for temporary loading conditions including wind or seismic conditions. 4. For frost heave protection, footings should bear a minimum of 36 inches below lowest adjacent finished grade. Interior footings not subject to freezing should bear a minimum of 12 inches below finish floor elevation (FFE). 5. Resistance to sliding may be derived from passive resistance along the vertical face of the footings, and friction between the bottom of the footings and the bearing soil. An ultimate passive resistance using an equivalent fluid density of 350 pounds per cubic foot (pcf) may be used for the design. An ultimate coefficient of friction of 0.4 or 0.6 can be used for the sliding resistance between the bottom of the footings and native clay or structural fill, respectively. A factor of safety of 2.0 is recommended to calculate allowable values. We recommend the upper 2 feet of the soils to be neglected in the passive resistance unless the adjacent ground surface is paved. 6. Continuous (strip) footings should have a minimum width of 18 inches, and isolated spread footings should have a minimum width of 24 inches. Minimum edge to edge distance between adjacent foundations should not be less than the largest footing width. 7. We recommend that all old fill material, debris, organic material including topsoil, and loose or deleterious material be removed prior to establishing bearing grades. Footings should be proportioned to reduce differential foundation movement. Proportioning on the basis of equal total movement is recommended; however, proportioning to relative constant dead load pressure will also reduce differential movement between adjacent footings. Total movement is estimated to be on the order of one (1) inch or less. Differential movement is anticipated to be on the order of ½ to ¾ of the estimated total movement. Footings and foundations should be reinforced as necessary to reduce the potential for distress caused by differential foundation movement. If unstable conditions are present at the time of foundation excavation it may be necessary to install a geotextile to reinforce the subgrade at the base of the excavation and facilitate structural fill placement. The geotextile should be selected in accordance with the intended Private Hangar Lots A1 and A2 Yeh Project No. 222-084 Rifle Garfield County Airport, Rifle, Colorado 10 application and should extend a minimum of two (2) feet laterally beyond all footing edges along with the structural fill. Lab testing on soil samples resulted in a generally low to moderate collapse potential if soil becomes saturated. The performance of a shallow foundation system will be highly dependent upon proper drainage during and following construction. Ponding water, waterline leaks, and other sources of water near the structure foundation can result in an increase in the predicted movements including foundation distress and/or observed cracking. Conversely, during construction the water content in the foundation soils must be maintained during dry weather to prevent excessive drying, which can also result in a greater amount of movement than predicted. Even with a properly designed and constructed foundation system, foundation movements can cause distress to the structure, such as cracks and misalignments of various components. Footings and foundations should be reinforced as necessary to reduce the potential for distress caused by differential foundation movement. Foundation excavations should be observed by Yeh. If the soil conditions encountered differ significantly from those presented in this report, supplemental recommendations will be required. 6.2 Deep Foundations Deep foundations such as helical piles are an option for support of the hangar. The foundation elements are typically tied together in a rigid cap of reinforced concrete which may be the foundation footing or a grade beam. Typically, these systems are designed and installed by a specialty contractor working under a performance specification. Design and construction recommendations for helical piles are provided below. 6.2.1 Helical Pile Foundation Some benefits of helical piles include relative ease of installation with no grouting and no cure time, reduced construction noise compared to drilling and no drill cuttings or wastewater that require management and disposal. Helical piles may be more cost effective and require less installation time compared to a deep foundation system requiring drilling and grout or concrete placement. Helical pile systems should be designed in accordance with the 2015 IBC and meet the acceptance criteria for helical pile systems and devices. General recommendations for design and construction of helical piles are presented below. Private Hangar Lots A1 and A2 Yeh Project No. 222-084 Rifle Garfield County Airport, Rifle, Colorado 11 1. The structural engineer should determine helical pile locations and load requirements. This information should be provided to a specialty design/build contractor to develop drawings for the helical piles. Provided site grades are not raised by more than three (3) feet, we do not believe down drag would induce additional loading on the foundation. Foundation design need not account for downdrag loads when new fill heights are less than three (3) feet. 2. Since drilling refusal and a consistent, relatively thick cohesionless bearing stratum were not encountered within the borings, the anticipated depths of helical pile refusal are difficult to predict. Depending on the pile spacing, target depths for helical piles may range between 10 to 20 feet below existing grade based on information from borings B-1 and B-2. These pile lengths are estimates and actual lengths may exceed these values. 3. Onsite verification testing should be performed in accordance with specialty contractor recommendations. A representative of the geotechnical engineer, Yeh and Associates, should observe helical pile installation. 6.3 Floor Slab Design and Construction Floor slabs for the structure should be supported on a minimum 6-inch layer of imported structural fill meeting the requirements of Table 3 or Colorado Department of Transportation (CDOT) Class 6 Aggregate Base Course (ABC) material. Some differential movement of a slab- on-grade floor system is possible should the subgrade soils become elevated in moisture content. To reduce potential slab movements, the subgrade soils should be prepared according to Section 10.1, Site and Subgrade Preparation. For structural design of concrete slabs-on- grade, a modulus of subgrade reaction of 150 pounds per cubic inch (pci) may be used for floors supported on 6 inches of non-expansive, gravel or imported structural fill compacted as described Section 10.6, Compaction Requirements. Additional floor slab design and construction recommendations are as follows: 1. Positive separations and/or isolation joints should be provided between slabs and all foundations, columns or utility lines to allow independent movement. 2. Control joints should be provided in slabs to control the location and extent of cracking. Private Hangar Lots A1 and A2 Yeh Project No. 222-084 Rifle Garfield County Airport, Rifle, Colorado 12 3. Interior trench backfill placed beneath slabs should be properly placed and compacted. 4. Floor slabs should not be constructed on frozen subgrade. 5. Other design and construction considerations, as outlined in Section 302.1 R-04 of the ACI Guide for Concrete Floor and Slab Construction are recommended. 7. PAVEMENT Pavement design was outside our approved scope of services. The new pavement, at the entrance to the hangar, is anticipated to experience less loading than the existing taxiway which appears to be in good to excellent condition at the time of this report. We recommend the new pavement section match the existing Taxiway B4/Group II Taxilane section of 4.5 inches of asphalt concrete over 2 feet of aggregate base course. 8. CORROSIVITY The concentrations of water-soluble sulfates measured in two samples obtained from the exploratory borings at depths of 2.0 to 4.5 feet and from 4.0 to 5.5 feet were 0.045 and 0.072 percent, respectively. Based on these laboratory test results, typical soils in the area present a Class 0 exposure rating based on a range of less than 0.10 percent as presented in the American Concrete Institute (ACI) Guide to Durable Concrete and corrosive soils are not anticipated at the project site. A qualified corrosion engineer should review this data to determine the appropriate level of corrosion protection. 9. RADON GAS Radon gas can be found in nearly all rock and soil and can move into buildings or other enclosed spaces and create a health hazard if radioactive particles are inhaled. Evaluation of the radon gas potential was not within our authorized scope of service and should be addressed by others. 10. SITE GRADING AND CONSTRUCTION CONSIDERATIONS Site preparation and earthwork operations should be performed in accordance with applicable codes, safety regulations, and other local, state, or federal guidelines. We recommend earthwork on the project be observed and evaluated by Yeh. The evaluation of earthwork Private Hangar Lots A1 and A2 Yeh Project No. 222-084 Rifle Garfield County Airport, Rifle, Colorado 13 should include observation and testing of engineered fills, subgrade preparation, foundation bearing materials and other geotechnical conditions exposed during the construction of the project. We also recommend that Yeh review the project grading plans to ensure they are in conformance with the recommendations presented herein. 10.1 Site and Subgrade Preparation Preparation of the site should begin with stripping and removal of remaining topsoil, organic materials, and construction debris or unsuitable material. The stripped materials should be removed for offsite disposal in accordance with local laws and regulations or stockpiled. All exposed surfaces should be free of mounds and depressions, which could prevent uniform compaction. Following the above, all exposed areas which will receive fill, support structures, or pavements, should be scarified to a minimum depth of 8 inches, moisture conditioned, and compacted according to Section 10.6, Compaction Requirements. Prior to placement of fill or structural elements, the condition of the exposed subgrade soil should be evaluated by observation of a proof roll. Proof rolling the subgrade aids in identifying soft or disturbed areas. Unsuitable areas identified by the proof rolling operation should be undercut and replaced with imported structural fill. Proof rolling may be accomplished through use of a fully loaded, pneumatic-tire dump truck or similar equipment providing an equivalent subgrade loading. Proof rolling should be performed under the observation of the geotechnical engineer using multiple passes in both directions to ensure complete coverage. Following proof roll observations, suitable fill should be placed to the design grade as soon as practical to avoid moisture changes in the underlying soils. All structural fill soils should meet the requirements of Section 10.5, Engineered and Structural Fill Requirements, in this report and be placed and compacted in accordance with the criteria presented in Section 10.6, Compaction Requirements. 10.2 Undercutting and Subgrade Stabilization Based on the subsurface conditions encountered in the borings, subgrade soils exposed during construction of the proposed structures will be moisture-sensitive and could become overly soft and unstable at higher moisture levels. If unstable conditions are encountered or develop during construction, stability may be improved by scarifying and drying/wetting the subgrade soils. Private Hangar Lots A1 and A2 Yeh Project No. 222-084 Rifle Garfield County Airport, Rifle, Colorado 14 Clays may require 3 to 6 inches of crushed rock/gravel to provide a stable working surface. The amount of aggregate and type of stabilization required will be a function of the conditions encountered during construction. Over excavation of wet zones and replacement with structural fill or crushed rock may be necessary. If areas are found to be unsuitable for re-work, additional stabilization will be required. If additional stabilization is required, Yeh should be contacted to evaluate the conditions in the field, and a suitable stabilization method can be provided. In addition, any soft and/or wet areas exposed during the excavation may need to be stabilized prior to the placement of new fill to create a stable, firm construction platform. A typical stabilization method may include utilizing crushed rock with the combination of geogrid (e.g., Tensar BX1200 or TX160) to create a stable base. Other stabilization methods may also be appropriate. 10.3 Excavation and Trench Construction Excavations within the on-site geologic materials will encounter a variety of conditions, including sand, clay and organic material. Additionally, fill placed during previous grading operations may be encountered that was not present in our widely spaced borings. We anticipate these materials will be excavatable with conventional heavy-duty earth moving equipment. The excavation contractor is responsible for determining the means and method necessary to accomplish earthwork operations. All excavations must comply with the applicable local, State, and Federal safety regulations, and with the excavation standards of the Occupational Safety and Health Administration (OSHA). Construction site safety, including excavation safety, is the sole responsibility of the Contractor as part of its overall responsibility for the means, methods, and sequencing of construction operations. Yeh’s recommendations for excavation support is provided for the Client’s sole use in planning the project, and in no way do they relieve the Contractor of its responsibility to construct, support, and maintain safe slopes. Under no circumstances should the following information be interpreted to mean that Yeh is assuming responsibility for either construction site safety or the Contractor’s activities. We believe the overburden soil encountered on this site will classify as a Type A material, using OSHA criteria. OSHA requires that unsupported cuts be no steeper than 0.75H:1V for Type A material for unbraced excavations up to 20 feet in height. Flattened slopes may be required if hazardous ground movement is observed, or the slopes will be exposed for an extended period Private Hangar Lots A1 and A2 Yeh Project No. 222-084 Rifle Garfield County Airport, Rifle, Colorado 15 of time. Please note that the Contractor’s OSHA-qualified “competent person” must make the actual determination of soil type and allowable sloping in the field. The soils encountered in the proposed excavations may vary significantly across the site. The preliminary classifications presented above are based solely on the materials encountered in widely spaced exploratory test borings. The contractor should verify that similar conditions exist throughout the proposed area of excavation. Note the above classifications presume a dry slope and that seepage encountered within temporary cut slopes will act to destabilize excavations. As a safety measure, it is recommended that all vehicles and soil piles be kept to a lateral distance equal to at least the depth of the excavation from the crest of the slope. The exposed slope face should be protected against the elements and monitored by the contractor on at least a daily basis. 10.4 Dewatering/Shoring Groundwater was not encountered in the borings at the time of drilling. If water is discovered at the time of construction, appropriate dewatering equipment/systems such as well points, sumps, and trenches, will be the responsibility of the contractor. In addition, trenching into unstable, saturated overburden soils will require temporary shoring, where construction of safe slopes is not feasible. OSHA requirements for excavation in unstable materials should be followed. 10.5 Engineered and Structural Fill Requirements Based on our laboratory test results, the on-site soils should not be utilized as engineered fill placed directly beneath structural foundations due to the amount of fines present. On-site soils may be used as engineered fill to raise grade beneath floor slabs as necessary provided requirements of Section 6.3 are satisfied. Imported structural fill should consist of non- expansive, well-graded granular material meeting the criteria presented in Table 3. In addition, structural fill should be non-corrosive to concrete and metal. Private Hangar Lots A1 and A2 Yeh Project No. 222-084 Rifle Garfield County Airport, Rifle, Colorado 16 Table 3 – Imported Structural Fill Criteria Gradation Requirements Standard Sieve Size Percent Passing 2-inch 100 No. 4 30 to 100 No. 50 10 to 60 No. 200 5 to 20 Plasticity Requirements (Atterberg Limits) Liquid Limit 35 maximum Plasticity Index 6 maximum We recommend that a qualified representative of Yeh visit the site during excavation and during placement of the structural fill to verify the soils exposed in the excavations are consistent with those encountered during our subsurface exploration and that proper foundation subgrade preparation and placement is performed. All fill placed on this site should be compacted according to the recommendations in Section 10.6, Compaction Requirements, of this report. It is recommended that a sample of any imported fill material proposed for use on the project be submitted to our office for approval and testing at least three (3) days prior to stockpiling at the site. 10.6 Compaction Requirements Fill materials should be placed in horizontal lift thicknesses that are suitable for the compaction equipment being used but in no case should exceed 8 inches by loose measure. Fill materials should be moisture conditioned and compacted in accordance with the criteria shown in Table 4. Private Hangar Lots A1 and A2 Yeh Project No. 222-084 Rifle Garfield County Airport, Rifle, Colorado 17 Table 4 – Compaction Requirements Fill Location Material Type Percent Compaction Moisture Content Subgrade On-site clay, sand, silt 95 minimum (ASTM D698)  2 % of optimum Foundation Areas, Paved Areas Imported Structural Fill 1, Class 6 ABC 95 minimum (ASTM D1557)  2 % of optimum Utility Trench Backfill (areas outside structural and paved areas) Imported Structural Fill or on- site clay, sand, silt 90 minimum (ASTM D698)  2 % of optimum 1Material meeting the criteria in Section 10.5, Engineered and Structural Fill Requirements 10.7 Utility Trench Backfill On-site soils may be utilized as backfill material in utility trenches provided the location is not beneath structures or pavement and the backfill is free of plant matter, organic soil, debris, trash, other deleterious matter, and rock particles larger than 3-inches. Backfill should be placed in loose lifts of 8-inches or less and compacted with appropriate trench compaction equipment. Pipe bedding material should meet the requirements of the pipe manufacturer, project specifications and/or as recommended by the design civil engineer for the project. Imported granular fill, as described in Section 10.5, Engineered and Structural Fill Requirements could be considered for pipe bedding material. We suggest maximum aggregate size for drainage pipe bedding material should be limited to 1.5 inches for plastic pipe, with 2.0 inches acceptable for other types. Utility trench backfill should be compacted as recommended in Section 10.6, Compaction Requirements. 10.8 Cut and Fill Slopes Permanent cut and fill slopes should be inclined no steeper than 2H:1V. Vegetation should be established on slopes as soon as possible to reduce the potential for erosion of the surface of cut/fill slopes. Private Hangar Lots A1 and A2 Yeh Project No. 222-084 Rifle Garfield County Airport, Rifle, Colorado 18 10.9 Drainage Considerations Positive drainage should be provided during construction and maintained throughout the life of the project. Proper design of drainage should include prevention of ponding water on or immediately adjacent to the hangar structure. We recommend the ground surface surrounding structures be sloped to drain away from the structures at a minimum and preferably covered with area paving to minimize water infiltration. Roof run-off should be directed away from building foundation systems. Surface features that could retain water in areas adjacent to the structures should be sealed or eliminated. Backfill against any kind of structure and in utility line trenches should be well compacted and free of construction debris to reduce the possibility of moisture infiltration and migration. Concentrated runoff should be avoided in areas susceptible to erosion and slope instability. Slopes and other stripped areas should be protected against erosion by re-vegetation or other methods. 10.10 Construction in Wet or Cold Weather Engineered fill, structural fill, or other fill should not be placed on frosted or frozen ground, nor should frozen material be placed as fill. Frozen ground should be allowed to thaw or be completely removed prior to placement of fill. A good practice is to temporarily cover the compacted fill with a “blanket” of loose fill to help prevent the compacted fill from freezing. Concrete structures should not be constructed on frozen soil. Frozen soil should be completely removed from beneath the concrete elements, or thawed, scarified and re-compacted. The amount of time passing between excavation or subgrade preparation and placing concrete should be minimized during freezing conditions to prevent the prepared soils from freezing. Blankets, soil cover, or heating as required may be utilized to prevent the subgrade from freezing. 11. LIMITATIONS The findings and recommendations presented in this report are based upon data obtained from borings, field observations, laboratory testing, our understanding of proposed construction, and other sources of information referenced in this report. It is possible that subsurface conditions may vary between or beyond the locations explored. The nature and extent of such variations may not become evident until construction. If during construction conditions appear to be different from those described herein, Yeh should be advised and provided the opportunity to Private Hangar Lots A1 and A2 Yeh Project No. 222-084 Rifle Garfield County Airport, Rifle, Colorado 19 observe and evaluate those conditions and provide additional recommendations, as necessary. Yeh should also be contacted if the scope of construction changes from that generally described within this report. The conclusions and recommendations contained in this report shall not be considered valid unless Yeh reviews all proposed construction changes and either verifies or modifies the conclusions of this report in writing. Yeh should be contacted to perform general observations and materials testing services during construction. If another firm is contracted for these services, this firm will assume responsibility for following recommendations provided herein. This report was prepared in a manner consistent with that level of care and skill ordinarily exercised by other members of our profession practicing in the same locality, under similar conditions and at the date the services are provided. Yeh makes no other representation, guarantee, or warranty, express or implied, regarding the services, communication (oral or written), report, opinion, or instrument of service provided. The scope of services for this project did not include, specifically or by implication, any environmental or biological (e.g., mold, fungi, and bacteria) assessment of the site or identification or prevention of pollutants, or conditions or biological conditions. If the owner is concerned about the potential for such contamination, conditions or pollution, other studies should be undertaken and a professional in that field should be consulted. This report may be used only by the Client and the registered design professional in responsible charge and only for the purposes stated for this specific engagement within a reasonable time from its issuance, but in no event later than five (5) years from the date of the report. Private Hangar Lots A1 and A2 Yeh Project No. 222-084 Rifle Garfield County Airport, Rifle, Colorado 20 12. REFERENCES American Concrete Institute (ACI) 201.2R-08, 2008, Guide to Durable Concrete. American Concrete Institute (ACI) 302.1R-04, 2004, Guide for Concrete Floor and Slab Construction. Colorado Department of Transportation (CDOT), 2021, Standard Specifications for Road and Bridge Construction. ICC Acceptance Criteria for Helical Pile Systems and Devices, Compliance date December 1, 2013. International Code Council. International Building Code. Falls Church, Va. :International Code Council, 2015. Shroba, R.R., and Scott, R.B., 2001, Geologic map of the Silt quadrangle, Garfield County, Colorado: U.S. Geological Survey, Miscellaneous Field Studies Map MF-2331, Version 1.0, scale 1:24,000. Structural Engineers Association of California, US Seismic Design Maps Web Service, https://seismicmaps.org/, accessed on March 9, 2022. Private Hangar Lots A1 and A2 Yeh Project No. 222-084 Rifle Garfield County Airport, Rifle, Colorado APPENDICES GEOLOGY MAP ........................................................................................................................ A BORING LOCATION MAP .......................................................................................................... B BORING LOGS AND LEGEND ..................................................................................................... C LABORATORY TEST RESULTS .................................................................................................... D Private Hangar Lots A1 and A2 Yeh Project No. 222-084 Rifle Garfield County Airport, Rifle, Colorado Appendix A GEOLOGY MAP North Base map from Shroba, R. and Scott, R., 2001, Geologic map of the Silt quadrangle, Garfield County, Colorado Alluviium and colluvium Artificial fill Sheetwash deposits over loess Older terrace alluvium Loess Geologic Map - Approximate Project Location Rifle Garfield County Airport Hangar Lot A-1 Rifle, Garfield County, Colorado Drawn by: SAW SHEET NUMBER: A-1Yeh and Associates Project No. 222-084Checked by: KD/SWR Date: 3/1/2022 File Name: Rifle-Garfield County Airport Hangar Scale: Not to scale Yeh and Associates, Inc. Geotechnical - Geological - Construction Services Qlo Private Hangar Lots A1 and A2 Yeh Project No. 222-084 Rifle Garfield County Airport, Rifle, Colorado Appendix B BORING LOCATION MAP B-1 Approximate Test Boring Location Map PROJECT NUMBER: SCALE: 1"=200' PROJECT: FIGURE DRAWN BY: CHECKED BY: DATE: DATE: DESIGNED FOR: Geotechnical-Geological-Construction Services Yeh and Associates, Inc.B-1 SAW KD/SWR 0 100'200'400' NOTES: 1. Base map from Google Earth. 2. Boring locations determined in field based on preliminary construction plan and accessibility 3. Approximate lot boundary based on preliminary information from client. Indicates approximate location of test borings LEGEND 03/07/2022 03/07/2022 Rifle-Garfield County Airport Hangar Lots A-1 and A-2 Garfield County, ColoradoCrisak Inc. 222-084 Approximate Boundary Lots A1 and A2 N Ta x i w a y B 4 / T a x i l a n e G r o u p I I B-1 B-2 B-3 Private Hangar Lots A1 and A2 Yeh Project No. 222-084 Rifle Garfield County Airport, Rifle, Colorado Appendix C BORING LOGS AND LEGEND Project Number:222-084 Sample Types Legend for Symbols Used on Borehole Logs Project: 3. The Modified California sampler used to obtain samples is a 2.5-inch OD, 2.0-inch ID (1.95-inch ID with liners), split-barrel sampler with internal liners, as per ASTM D3550. Sampler is driven with a 140-pound hammer, dropped 30 inches per blow. 2. "Penetration Resistance" on the Boring Logs refers to the uncorrected N value for SPT samples only, as per ASTM D1586. For samples obtained with a Modified California (MC) sampler, drive depth is 12 inches, and "Penetration Resistance" refers to the sum of all blows. Where blow counts were > 50 for the 3rd increment (SPT) or 2nd increment (MC), "Penetration Resistance" combines the last and 2nd-to-last blows and lengths; for other increments with > 50 blows, the blows for the last increment are reported. Lab Test Standards 1. Visual classifications are in general accordance with ASTM D2488, "Standard Practice for Description and Identification of Soils (Visual-Manual Procedures)". Modified California Sampler (2.5 inch OD, 2.0 inch ID) Standard Penetration Test (ASTM D1586) Drilling Methods Moisture Content ASTM D2216 Dry Density ASTM D7263 Sand/Fines Content ASTM D421, ASTM C136, ASTM D1140 Atterberg Limits ASTM D4318 AASHTO Class. AASHTO M145, ASTM D3282 USCS Class.ASTM D2487 (Fines = % Passing #200 Sieve Sand = % Passing #4 Sieve, but not passing #200 Sieve) pH Soil pH (AASHTO T289-91) S Water-Soluble Sulfate Content (AASHTO T290-91, ASTM D4327) Chl Water-Soluble Chloride Content (AASHTO T291-91, ASTM D4327) S/C Swell/Collapse (ASTM D4546) UCCS Unconfined Compressive Strength (Soil - ASTM D2166, Rock - ASTM D7012) R-Value Resistance R-Value (ASTM D2844) DS (C) Direct Shear cohesion (ASTM D3080) DS (phi) Direct Shear friction angle (ASTM D3080) Re Electrical Resistivity (AASHTO T288-91) PtL Point Load Strength Index (ASTM D5731) Lithology Symbols Asphalt (see Boring Logs for complete descriptions) Other Lab Test Abbreviations Notes SOLID-STEM AUGER (4" OD) Rifle-Garfield County Airport Hangar Lots A1 and A2 FILL - Base material Topsoil CLAY (CL) CLAY, sandy (CL, CL-ML)SAND, claye (SC) S=0.045% S/C=-3.1% 5.0 ft - Noisier drilling between 5 and 6 feet. S/C=-1.7% 58.0 53.0 36.0 70.0 54.0 80.0 24 21 22 26 24 8 4 8 11 10 A-4 (2) CL A-4 (0) CL-ML A-4 (0) SC A-6 (3) CL A-4 (5) CL 4.9 4.9 5.3 6.6 8.0 11.9 88.0 106.0 0.0 - 0.5 ft. (topsoil). 0.5 - 5.0 ft. Sandy CLAY to Silty, sandy CLAY, tan, low plasticity, dry to damp, stiff, calcareous, with organics. 5.0 - 9.0 ft. Clayey SAND with gravel, tan, low plasticity, dry to damp, dense. 9.0 - 10.0 ft. CLAY with sand. 10.0 - 27.0 ft. Sandy CLAY, tan, low plasticity, dry to damp, stiff to very stiff, calcareous, with organics, oxidized zones. 27.0 - 30.0 ft. CLAY with sand, red-brown, low plasticity, dry to damp, stiff. Bottom of Hole at 30.0 ft. 11 10 48 38 22 25 16 22 14 5-6 7-9-1 13-35 11-22-16 8-14 3-12-13 4-12 6-11-11 6-8 3.0 3.0 22.0 0.0 9.0 0.0 39.0 44.0 42.0 30.0 37.0 20.0 Boring Began: 2/24/2022 Boring Completed: 2/24/2022 Drilling Method(s): Solid-Stem Auger (4" OD) Driller: HRL Compliance Solutions Drill Rig: D-90 Hammer: Automatic (hydraulic), ER: % Logged By: K. Dye Final By: S. White Total Depth: 30.0 ft Ground Elevation: Coordinates: Location: NW corner area of lot Weather Notes: Clear, 20F Inclination from Horiz.: Vertical Night Work: - - - - - - Symbol Depth Date Groundwater Levels:Not Observed El e v a t i o n (f e e t ) PAGE 1 of 1 Sa m p l e T y p e / D e p t h Project Number:222-084 Boring No.:B-1 Project Name: Field Notes and Other Lab Tests Dr i l l i n g M e t h o d De p t h (f ee t ) 5 10 15 20 25 30 Rifle-Garfield County Airport Hangar Lots A1 and A2 Atterberg Limits Fi n e s C o n t e n t (% ) Li q u i d Li m i t Pl a s t i c i t y In d e x AASHTO & USCS Classifi- cations 02 B O R I N G L O G 2 0 2 1 - S P T N O N - C D O T S T Y L E 2 2 2 - 0 8 4 R I F L E A I R P O R T H A N G A R . G P J 2 0 2 1 Y E H C O L O R A D O T E M P L A T E . G D T 2 0 2 1 Y E H C O L O R A D O L I B R A R Y - E D I T I N G I N P R O G R E S S ( 2 ) . G L B 3 / 9 / 2 2 Mo i s t u r e Co n t e n t ( % ) Dr y D e n s i t y (p c f ) Material Description Pe n e t r a t i o n Re s i s t a n c e Soil Samples Li t h o l o g y Blows per 6 in Gr a v e l C o n t e n t (% ) Sa n d C o n t e n t (% ) R-Value=14 S/C=-2% S=0.072% S/C=-2% 80.0 66.0 67.0 76.0 57.0 68.0 75.0 31 27 27 28 29 30 26 15 11 12 16 15 18 11 A-6 (10) CL A-6 (5) CL A-6 (5) CL A-6 (9) CL A-6 (5) CL A-6 (9) CL A-6 (6) CL 4.8 5.5 4.9 6.3 7.4 4.9 9.5 95.0 106.0 112.0 0.0 - 0.5 ft. (topsoil). 0.5 - 9.0 ft. Sandy CLAY, tan, low to medium plasticity, dry to damp, very stiff, calcareous. 9.0 - 14.0 ft. CLAY with sand, tan, medium plasticity, dry to damp, very stiff, calcareous. 14.0 - 23.0 ft. Sandy CLAY, tan, medium plasticity, dry to damp, hard, calcareous, with oxidized zones. 23.0 - 25.5 ft. CLAY with sand, red-brown, low plasticity, dry to damp, stiff. Bottom of Hole at 25.5 ft. 30 16 19 15 31 13 11-19 7-7-9 5-14 6-6-9 14-17 1-3-10 0.0 2.0 3.0 0.0 1.0 2.0 3.0 20.0 32.0 30.0 24.0 42.0 30.0 22.0 Boring Began: 2/24/2022 Boring Completed: 2/24/2022 Drilling Method(s): Solid-Stem Auger (4" OD) Driller: HRL Compliance Solutions Drill Rig: D-90 Hammer: Automatic (hydraulic), ER: % Logged By: K. Dye Final By: S. White Total Depth: 25.5 ft Ground Elevation: Coordinates: Location: SE corner area of lot Weather Notes: Clear, 30F Inclination from Horiz.: Vertical Night Work: - - - - - - Symbol Depth Date Groundwater Levels:Not Observed El e v a t i o n (f e e t ) PAGE 1 of 1 Sa m p l e T y p e / D e p t h Project Number:222-084 Boring No.:B-2 Project Name: Field Notes and Other Lab Tests Dr i l l i n g M e t h o d De p t h (f ee t ) 5 10 15 20 25 Rifle-Garfield County Airport Hangar Lots A1 and A2 Atterberg Limits Fi n e s C o n t e n t (% ) Li q u i d Li m i t Pl a s t i c i t y In d e x AASHTO & USCS Classifi- cations 02 B O R I N G L O G 2 0 2 1 - S P T N O N - C D O T S T Y L E 2 2 2 - 0 8 4 R I F L E A I R P O R T H A N G A R . G P J 2 0 2 1 Y E H C O L O R A D O T E M P L A T E . G D T 2 0 2 1 Y E H C O L O R A D O L I B R A R Y - E D I T I N G I N P R O G R E S S ( 2 ) . G L B 3 / 9 / 2 2 Mo i s t u r e Co n t e n t ( % ) Dr y D e n s i t y (p c f ) Material Description Pe n e t r a t i o n Re s i s t a n c e Soil Samples Li t h o l o g y Blows per 6 in Gr a v e l C o n t e n t (% ) Sa n d C o n t e n t (% ) 0.0 - 0.4 ft. 4.5 inches, (asphalt). 0.4 - 2.5 ft. 24 inches, (Base). 2.5 - 3.0 ft. Sandy CLAY, tan, dry to damp. Bottom of Hole at 3.0 ft. Boring Began: 2/24/2022 Boring Completed: 2/24/2022 Drilling Method(s): Solid-Stem Auger (4" OD) Driller: HRL Compliance Solutions Drill Rig: D-90 Hammer: Automatic (hydraulic), ER: % Logged By: K. Dye Final By: S. White Total Depth: 3.0 ft Ground Elevation: Coordinates: Location: Pavement at east edge of lot Weather Notes: Inclination from Horiz.: Vertical Night Work: - - - - - - Symbol Depth Date Groundwater Levels:Not Observed El e v a t i o n (f e e t ) PAGE 1 of 1 Sa m p l e T y p e / D e p t h Project Number:222-084 Boring No.:B-3 Project Name: Field Notes and Other Lab Tests Dr i l l i n g M e t h o d De p t h (f ee t ) Rifle-Garfield County Airport Hangar Lots A1 and A2 Atterberg Limits Fi n e s C o n t e n t (% ) Li q u i d Li m i t Pl a s t i c i t y In d e x AASHTO & USCS Classifi- cations 02 B O R I N G L O G 2 0 2 1 - S P T N O N - C D O T S T Y L E 2 2 2 - 0 8 4 R I F L E A I R P O R T H A N G A R . G P J 2 0 2 1 Y E H C O L O R A D O T E M P L A T E . G D T 2 0 2 1 Y E H C O L O R A D O L I B R A R Y - E D I T I N G I N P R O G R E S S ( 2 ) . G L B 3 / 9 / 2 2 Mo i s t u r e Co n t e n t ( % ) Dr y D e n s i t y (p c f ) Material Description Pe n e t r a t i o n Re s i s t a n c e Soil Samples Li t h o l o g y Blows per 6 in Private Hangar Lots A1 and A2 Yeh Project No. 222-084 Rifle Garfield County Airport, Rifle, Colorado Appendix D LABORATORY TEST RESULTS Project No: %psf B-1 2.0 to 4.5 Bulk- mixed samples 4.9 3 39 58 24 16 8 0.045 A-4 (2) CL CLAY, sandy 3.0 MC 4.9 88 3 44 53 21 17 4 -3.1 1,000 A-4 (0) CL-ML CLAY, sandy, silty 6.0 to 8.0 Bulk- mixed samples 5.3 22 42 36 22 14 8 A-4 (0) SC SAND, clayey with gravel 9.0 MC 6.6 106 0 30 70 -1.7 1,000 CLAY, with sand 14.0 SPT 8.0 9 37 54 26 15 11 A-6 (3) CL CLAY, sandy 29.0 MC 11.9 0 20 80 24 14 10 A-4 (5) CL CLAY with sand Water Soluble Sulfate (%) Fines < #200 (%) Atterberg LL PL PI Gradation Gravel > #4 (%) Sand (%) Sample Location Moisture Content (%) Dry Density (pcf) Test Boring Depth (ft) Sample Type USCS Material Description YEH & ASSOCIATES, INC. Summary of Laboratory Test Results 222-084 Project Name: Rifle-Garfield County Airport Hangar Lots A1 and A2 AASHTOR- Value Swell (+)- Consolidation (-) MC-Indicates Modified California sampler SPT-Indicates standard split spoon sampler Bulk-Indicates auger cuttings or mixed MC and SPT samples Page 1 of 2 Project No: %psf Water Soluble Sulfate (%) Fines < #200 (%) Atterberg LL PL PI Gradation Gravel > #4 (%) Sand (%) Sample Location Moisture Content (%) Dry Density (pcf) Test Boring Depth (ft) Sample Type USCS Material Description YEH & ASSOCIATES, INC. Summary of Laboratory Test Results 222-084 Project Name: Rifle-Garfield County Airport Hangar Lots A1 and A2 AASHTOR- Value Swell (+)- Consolidation (-) B-2 0.5 to 5 Bulk 4.8 0 20 80 31 16 15 14 A-6 (10) CL CLAY with sand 1.0 MC 5.2 95 2 32 66 27 16 11 -2.0 1,000 A-6 (5) CL CLAY, sandy 4.0 SPT 4.9 3 30 67 27 15 12 0.072 A-6 (5) CL CLAY, sandy 9.0 MC 6.3 106 0 24 76 28 12 16 -2.0 1,000 A-6 (9) CL CLAY with sand 14.0 SPT 7.4 1 42 57 29 14 15 A-6 (5) CL CLAY, sandy 19.0 MC 4.9 112 2 30 68 30 12 18 A-6 (9) CL CLAY, sandy 24.0 SPT 9.5 3 22 75 26 15 11 A-6 (6) CL CLAY with sand MC-Indicates Modified California sampler SPT-Indicates standard split spoon sampler Bulk-Indicates auger cuttings or mixed MC and SPT samples Page 2 of 2 Applied Normal Pressure, ksf Applied Normal Pressure, ksf 1 3.0 2 9.0 Job No: SW/KD 222-084 Project Name:Rifle-Garfield County Airport Hangar Lots A1 and A2 Figure No. D-1YEH & ASSOCIATES, INC. B-1 106 6.6 -1.7 CLAY, with sand Checked By: Soil Description SWELL / CONSOLIDATION GRAPH B-1 88 4.9 -3.1 CLAY, sandy, silty (CL-ML)Drawn By: LVK Swell(+) / Consolidation(-) (%) Graph Number Boring Number Depth (ft) Natural Dry Density (pcf) Moisture Content (%) -6.0 -5.0 -4.0 -3.0 -2.0 -1.0 0.0 1.0 2.0 0.1 1 10 Co n s o l i d a t i o n ( - ) / S w e l l ( + ) , % Graph 2 -6.0 -5.0 -4.0 -3.0 -2.0 -1.0 0.0 1.0 2.0 0.1 1 10 Co n s o l i d a t i o n ( - ) / S w e l l ( + ) , % WATER ADDED Graph 1 WATER ADDED Applied Normal Pressure, ksf Applied Normal Pressure, ksf 1 1.0 2 9.0 Job No: Graph Number Boring Number Depth (ft) Natural Dry Density (pcf) Moisture Content (%) Soil Description SWELL / CONSOLIDATION GRAPH B-2 97 5.2 -2.0 CLAY, sandy (CL)Drawn By: LVK Swell(+) / Consolidation(-) (%) SW/KD 222-084 Project Name:Rifle-Garfield County Airport Hangar Lots A1 and A2 Figure No. D-2YEH & ASSOCIATES, INC. B-2 106 6.3 -2.0 CLAY with sand (CL)Checked By: -6.0 -5.0 -4.0 -3.0 -2.0 -1.0 0.0 1.0 2.0 0.1 1 10 Co n s o l i d a t i o n ( - ) / S w e l l ( + ) , % Graph 2 -6.0 -5.0 -4.0 -3.0 -2.0 -1.0 0.0 1.0 2.0 0.1 1 10 Co n s o l i d a t i o n ( - ) / S w e l l ( + ) , % WATER ADDED Graph 1 WATER ADDED 0 5 10 15 20 25 30 35 40 45 50 55 60 65 70 75 80 85 90 95 100 0.0010.010.1110100 4 20 406 601.5 8 14 501/2 LL %Fines %Silt B-1 B-1 B-1 B-1 B-1 B-1 A-4 (2) A-4 (0) A-4 (0) A-6 (3) A-4 (5) CL CL-ML SC CL CL 39.0 44.0 42.0 30.0 37.0 20.0 3/4 3/8 16 30 PE R C E N T F I N E R B Y W E I G H T 1 SIEVE ANALYSIS 200 24 21 22 26 24 16 17 14 15 14 6 140310 HYDROMETER BOREHOLE DEPTH (ft) AASHTO Classification USCS Classification PL PI %Gravel %Sand %Clay 8 4 8 11 10 3.0 3.0 22.0 0.0 9.0 0.0 58.0 53.0 36.0 70.0 54.0 80.0 U.S. SIEVE OPENING IN INCHES U.S. SIEVE NUMBERS 3 10024 COBBLES GRAVEL SAND SILT OR CLAY GRAIN SIZE IN MILLIMETERS 2.0 3.0 6.0 9.0 14.0 29.0 Project No.222-084 Yeh Lab: Date:03-09-2022 Rifle-Garfield County Airport Hangar Lots A1 and A2Report By: Checked By: 04 G R A I N S I Z E Y E H 1 0 S A M P L E S 2 2 2 - 0 8 4 R I F L E A I R P O R T H A N G A R . G P J 2 0 2 1 Y E H C O L O R A D O T E M P L A T E . G D T 2 0 2 1 Y E H C O L O R A D O L I B R A R Y . G L B 3 / 9 / 2 2 Figure D-3 0 5 10 15 20 25 30 35 40 45 50 55 60 65 70 75 80 85 90 95 100 0.0010.010.1110100 4 20 406 601.5 8 14 501/2 LL %Fines %Silt B-2 B-2 B-2 B-2 B-2 B-2 B-2 A-6 (10) A-6 (5) A-6 (5) A-6 (9) A-6 (5) A-6 (9) A-6 (6) CL CL CL CL CL CL CL 20.0 32.0 30.0 24.0 42.0 30.0 22.0 3/4 3/8 16 30 PE R C E N T F I N E R B Y W E I G H T 1 SIEVE ANALYSIS 200 31 27 27 28 29 30 26 16 16 15 12 14 12 15 6 140310 HYDROMETER BOREHOLE DEPTH (ft) AASHTO Classification USCS Classification PL PI %Gravel %Sand %Clay 15 11 12 16 15 18 11 0.0 2.0 3.0 0.0 1.0 2.0 3.0 80.0 66.0 67.0 76.0 57.0 68.0 75.0 U.S. SIEVE OPENING IN INCHES U.S. SIEVE NUMBERS 3 10024 COBBLES GRAVEL SAND SILT OR CLAY GRAIN SIZE IN MILLIMETERS 0.5 1.0 4.0 9.0 14.0 19.0 24.0 Project No.222-084 Yeh Lab: Date:03-09-2022 Rifle-Garfield County Airport Hangar Lots A1 and A2Report By: Checked By: 04 G R A I N S I Z E Y E H 1 0 S A M P L E S 2 2 2 - 0 8 4 R I F L E A I R P O R T H A N G A R . G P J 2 0 2 1 Y E H C O L O R A D O T E M P L A T E . G D T 2 0 2 1 Y E H C O L O R A D O L I B R A R Y . G L B 3 / 9 / 2 2 Figure D-4 Final Submittal Documents Jeff Johnson Architectural PC 136 East Third Street Suite B Rifle, CO 81650 PHONE 970-625-0580 JEFF JOHNSON Owner/Architect jjarch@rof.net Submittal Date: Project: Wednesday, July 6, 2022 Tally Ho Hanger A Leased Parcel P16-AE Garfield County Regional Airport Rifle, CO 81650 Jeff Johnson Architectural PC certifies the following submitted documents are identical to those provided digitally to Garfield County Building Department Official. FINAL Documents Include: Final Documentation submittal letter Geotechnical report Sentinel Steel Building Shop Drawings Stamped Architectural Set Stamped Structural Drawings Utility Verification Letter from City of Rifle Review Document from Fire Marshal Thank you, Jeff Johnson Jeff Johnson Architectural PC Exhibit S 90'-0"120'-0" 17 0 ' - 0 " 55'-0"65'-0"60 ' - 0 " 50 ' - 0 " 60 ' - 0 " 85 ' - 0 " 85 ' - 0 " 367'-0" 37 7 ' - 7 " 245'-0"122'-0" 30 ' - 0 " 00 16 32 48 80 20 ' - 0 " 45'-0"14'-0"27'-0" 20 ' - 0 " 20 ' - 0 " 45'-6" 157'-0" 30 ' - 0 " 17 7 ' - 7 " Site PlanNotes, Ta l l y H o H a n g e r A Construction Le a s e d P a r c e l P 1 6 - E A Copyright 2022 jeff@jjarchitectural.com 2205A-06-08-22 Date: 06-08-22 Ga r f i e l d C o u n t y R e g i o n a l A i r p o r t Revised: 07-06-22 Leased Parcel P-16 AE scale: 1" = 80'-0" Site Plan CVR Notes, Site Plan; Index Index A2 Exterior Elevations & Code Summary A3 Exterior ElevationsS1.0 Foundation PlanS1.1 Foundation Details CVR A1 Floor Plan Site Plan Notes: The Contractor shall be responsible for arranging all necessary inspections required by Garfield County prior to covering any such portions of work. All materials stored on site shall be properly stacked and protected to prevent damage and deterioration. Failure to protect material may The Contractor shall review locations of light fixtures and other recessed ceiling and wall elements prior to framing for proper The contractor shall verify all field dimensions and conditions, and shall notify the architect of any variations from those items shown The jobsite shall be maintained in a clean, ordered condition, free of debris and litter. The jobsite shall not be unreasonably encumbered with any materials or equipment. Each subcontractor, immediately upon completing each phase of his or her work, shall remove all trash and debris as a result of his or her operation. The contractor shall do all cutting, fitting or patching of his or her properly. The contractor shall not endanger any other work by cutting, excavating, or otherwise altering the total work or any other part of it. All patching, repairing and replacing of materials and surfaces cut or damaged in execution of work shall be done with applicable materials so that surfaces replaced will, upon completion, Mechanical subcontractor shall be responsible for designing and installing a code compliant heating and ventilation system. Plumbing subcontractor shall be responsible designing and installing a code compliant water, drain lines, and proper venting. Electrical subcontractor shall be responsible for designing and installing a The Contractor shall provide all necessary blocking, backing, and framing for bathroom accessories, handrails, guardrails, electrical fixtures, mechanical equipment, recessed items, and any other work that may be required to make its several parts to fit together items, as required. code compliant electrical system. match surrounding similar surfaces. placement of these items. herein. be cause for rejection of work. General Notes: The purpose of these drawings is to graphically depict the general nature of the work to be performed. The Contractor shall confirm dimensions and select fabrication processes and techniques prior to All construction and materials shall be in accordance with all applicable codes, ordinances, laws, permits, and contract documents. The contractor shall be responsible for the accurate placement of all The contractor shall confine his or her operations on the worksite to those areas previously agreed on with the owner. new construction. construction. Revised Lease Boundary scale: 1/32" = 1'-0" Site Plan A0 Roof Plan, Section & Assemblies Exhibit T Section &Roof Plan, Ta l l y H o H a n g e r A Construction Le a s e d P a r c e l P 1 6 - E A Copyright 2022 jeff@jjarchitectural.com 2205A-06-08-22 Date: 06-08-22 Ga r f i e l d C o u n t y R e g i o n a l A i r p o r t Revised: 06-20-22 A0Building Section scale: 1/16" = 1'-0" Assemblies Roof Plan (framing layout) scale: 1/16" = 1'-0" A0 2 A0 1 Assemblies scale: 1" = 1'-0"A0 3 8' - 0 " 36 ' - 0 " 6' - 0 " 10 ' - 0 " 10 ' - 0 " 10 ' - 0 " 6' - 0 " 5' - 6 " 28 ' - 6 " 8' - 0 " 36 ' - 0 " 6' - 0 " 10 ' - 0 " 10 ' - 0 " 10 ' - 0 " 6' - 0 " 5' - 6 " 28 ' - 6 " 00 8 16 24 40 PlanFloor Ta l l y H o H a n g e r A Construction Le a s e d P a r c e l P 1 6 - E A Copyright 2022 jeff@jjarchitectural.com 2205A-06-08-22 Date: 06-08-22 Ga r f i e l d C o u n t y R e g i o n a l A i r p o r t Revised: 06-20-22 A1 Floor Plan scale: 1/8" = 1'-0"A1 1 Main Floor scale: 1/4" = 1'-0"A21 1 8'-0"36'-0"6'-0"10'-0"10'-0"10'-0"6'-0"5'-6"28'-6" 8'-0"36'-0"6'-0"10'-0"10'-0"10'-0"6'-0"5'-6"28'-6" 120'-0" 120'-0" 00 8 16 24 40 ElevationsBuilding Ta l l y H o H a n g e r A Construction Le a s e d P a r c e l P 1 6 - E A Copyright 2022 jeff@jjarchitectural.com 2205A-06-08-22 Date: 06-08-22 Ga r f i e l d C o u n t y R e g i o n a l A i r p o r t Revised: 06-20-22 A2 Building Elevations scale: 1/8" = 1'-0" 170'-0" 170'-0" 00 8 16 24 40 ElevationsBuilding Ta l l y H o H a n g e r A Construction Le a s e d P a r c e l P 1 6 - E A Copyright 2022 jeff@jjarchitectural.com 2205A-06-08-22 Date: 06-08-22 Ga r f i e l d C o u n t y R e g i o n a l A i r p o r t Revised: 06-20-22 A3 Building Elevations scale: 1/8" = 1'-0"