HomeMy WebLinkAbout20241433.tiffRESUBDIVISION (RES) APPLICATION
FOR PLANNING DEPARTMENT USE:
AMOUNT $
APPLICATION RECEIVED BY:
DATE RECEIVED:
CASE # ASSIGNED:
PLANNER ASSIGNED:
Parcel # 0 9 6 1 0 3 3 0 0 0 6 7 Parcel #
Parcel # Parcel #
(12 -digit number — found on Tax I.D. information, obtainable at the Weld County Assessor's map found at www.weldqov.com)
Legal Description W 1/2
Section 3 , Township 5 _
North, Range 65
Total Acreage: 85.14 Proposed #/Lots 1
SERVICE PROVIDER:
Gas: Onsite Propane
Electric: Xcel Energy
West Subdivision name: 1507 E 8th St, Greeley, CO 80631
Post Office: Greeley
PROPERTY OWNER(S) (Attach additional sheets if necessary.)
Name: Chris Leone
Company: Sunset Industrial, LLC
Phone #: (970) 219-3916 Email: chrisleone@j2contracting.com
Address: 105 Coronado Court, Unit A-101
City/State/Zip Code: Fort Collins, CO 80525
APPLICANT/AUTHORIZED AGENT (Authorization Form must be included if there is an Authorized Agent)
Name: J.C. York
Company: J&T Consulting, Inc.
Phone #: (970) 222-9530
Address: 305 Denver Avenue, Suite D
Email: jcyork@j-tconsulting.com
City/State/Zip Code: Fort Lupton, CO 80621
Lot 1
Lot
2
Lot
3
Address
1507
E 8th
St
Well
Permit
# or Water
District
Tap
#
NWCWD
2184003
Septic
Permit
# or Sewer
Tap
#
OWTS
Pending
Existing Acreage
85.14
Proposed
Acreage
85.14
I (We) request that the above described property be designated a Resubdivision by the Weld County Board of County
Commissioners. I (We) hereby depose and state under penalties of perjury that all statements, proposals, and/or plans submitted
with or contained within the application are true and correct to the best of my (our) knowledge. Signatures of all fee owners of
property must sign this application. If an Authorized Agent signs, a letter of authorization from all fee owners must be included
with the application. If a corporation is the fee owner, notarized evidence must be included showing the signatory has the legal
authority to sign fo r thc/.1 corporation.
Chris Leone - Managing Member
Print
1/19/23
Date Signature
Print
Date
8/12/21
5
Owner Signature
DEPARTMENTS OF PLANNING
BUILDING, DEVELOPMENT REVIEW
AND ENVIRONMENTAL HEALTH
1555 NORTH 17TH AVENUE
GREELEY, CO 80631
AUTHORIZATION FORM
We Chris Leone - Sunset Industrial. LLC J.C York - J&T Consulting, Inc.
I, , ( } give permission to
(Owner — please print)
(Authorized Agent/Applicant—please print)
to apply for any Planning, Building, Access, Grading or OWTS permits on our behalf, for the property located
at (address or parcel number) below:
1507 E 8th Street, Greeley, CO 80631
Legal Description: W1/2 of Section 3 , Township 5 N, Range 65
Subdivision Name:
Property Owners Information:
Address: 105 Coronado Court, Unit A-101 Fort Collins, CO 80525
Lot Block
(970) 219-3916
Phone:
E-mail:
chrisleone@j2contracting.com
Authorized Agent/Applicant Contact Information:
305 Denver Avenue, Suit D
Address:
Phone:
(970)222-9530
E -Mail: jcyork@j-tconsulting.com
Correspondence to be sent to: Owner 1:1_ Authorized Agent/Applicant O by: Mail 0 Email
_a_
Additional Info:
I (We) hereby certify, under penalty of perjury and after carefully reading the entire contents of this
document th it the information stated above is true and correct to the best of my (our) knowledge.
7
Subbed and sworn to before me this
cif//sr"
-
My commission expires
CAROL L SHIMA
NOTARY PUBLIC 0
STATE OF COLORADO 0
NOTARY 10 20094008717 S
MY COMMISSION EXPIRES MARCH 12, 2025 S
Notary Public
ozsr
Owner Signature
Date
RESUBDIVISION (RES)
STANDARDS CERTIFICATION
Per Section 24-9-20 of the Weld County Code, all the foregoing standards shall be met to apply for a
Resubdivision. Please read and initial each item.
A Resubdivision is permitted within any Zone District included in Chapter 23, Article Ill, Division
I of the Weld County Code, as amended.
The Resubdivision process shall not be utilized to create more than two (2) additional buildable
lots
The minimum parcel size of any Resubdivision Lot shall be determined by the underlying zone
district or Historic Townsite requirements per Chapter 23, Articles Ill and V of the Weld County
Code, as amended.
Resubdivision lots shall be served by an adequate water source.
Resubdivision lots shall be served by an on -site wastewater treatment system (OWTS).
Parcels created by a Resubdivision are not eligible for another Resubdivision which creates
additional lots.
4 A Resubdivision that result in additional lots with additional uses will required a drainage report
and detention pond design unless they qualify for an exemption to stormwater detention as
defined in Section 8-11-40.1 of the Weld County Code, as amended
Signature
2
Leo enuJE
Print
State of Colorado )
ss.
County of Weld )
Date Signature Date
Print
The foregoing certification was acknowledged before me this
20 fl .
My commission expires
Witr e rnyi nC tido `e.t-F�.
Pyt-P
� day of
CAROL L SHJMA
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20094008717
MY COMMISSION EXPIRES MARCH 12, 2025
8/12/21 9
Colorado
Secretary of State
Colorado Secretary of State
ID#: 20221435371
Document #: 20221435371
Filed o n : 04/27/2022 10:32:33 AM
Paid: $50.00
Articles of Organization for a Limited Liability Company
filed pursuant to § 7-90-301 and § 7-80-204 of the Colorado Revised Statutes (C.R.S.)
The domestic entity name of the limited liability company is Sunset Industrial, LLC
The principal office street address is 105 Coronado Ct Unit A101
Fort Collins CO 80525-4925
US
The principal office mailing address is 105 Coronado Ct Unit A101
Fort Collins CO 80525-4925
US
The name of the registered agent is Chris M Leone
The registered agent's street address is 105 Coronado Ct Unit A101
Fort Collins CO 80525-4925
US
The registered agent's mailing address is 105 Coronado Ct Unit A101
Fort Collins CO 80525-4925
US
The person above has agreed to be appointed as the registered agent for this limited liability company.
The management of the limited liability company is vested in Managers
There is at least one member of the limited liability company.
Person(s) forming the limited liability company
J-2 REAL ESTATE LLC
105 Coronado Ct Unit A101
Fort Collins CO 80525-4925
US
Causing this document to be delivered to the Secretary of State for filing shall constitute the affirmation or acknowledgment of
each individual causing such delivery, under penalties of perjury, that the document is the individual's act and deed, or that the
individual in good faith believes the document is the act and deed of the person on whose behalf the individual is causing the
document to be delivered for filing, taken in conformity with the requirements of part 3 of article 90 of title 7, C.R.S., and, if
applicable, the constituent documents, and the organic statutes, and that the individual in good faith believes the facts stated in
the document are true and the document complies with the requirements of that Part, the constituent documents, and the organic
statutes.
This perjury notice applies to each individual who causes this document to be delivered to the Secretary of State, whether or not
such individual is named in the document as one who has caused it to be delivered.
Name(s) and address(es) of the individual(s) causing the document to be delivered for filing
Chance Brown
105 Coronado Ct Unit A101
Fort Collins CO 80525-4925
US
OFFICE OF THE SECRETARY OF STATE
OF THE STATE OF COLORADO
CERTIFICATE OF FACT OF GOOD STANDING
I, Jena Griswold, as the Secretary of State of the State of Colorado, hereby certify that, according to the
records of this office,
Sunset Industrial, LLC
is a
Limited Liability Company
formed or registered on 04/27/2022 under the law of Colorado, has complied with all applicable
requirements of this office, and is in good standing with this office. This entity has been assigned entity
identification number 20221435371 .
This certificate reflects facts established or disclosed by documents delivered to this office on paper through
10/10/2022 that have been posted, and by documents delivered to this office electronically through
10/12/2022 @ty 09:37:06 .
I have affixed hereto the Great Seal of the State of Colorado and duly generated, executed, and issued this
official certificate at Denver, Colorado on 10/12/2022 09:37:06 in accordance with applicable law.
This certificate is assigned Confirmation Number 14381358 .
Secretary of State of the State of Colorado
*********************************************End of Certificate*******************************************
Notice: A certificate issued electronically from the Colorado Secretary of State's Web site is fully and immediately valid and effective.
However, as an option, the issuance and validity of a certificate obtained electronically may be established by visiting the Validate a
Certificate page of the Secretary of State's Web site, http://www.sos.state.co.us/biz/CertificateSearchCriteria.do sos. state. co. us%big/Certif cateSearchCri teria. do entering the certificate's
confirmation number displayed on the certificate, and following the instructions displayed. Confirming the issuance of a certificate is merely
optional and is not necessary to the valid and effective issuance of a certificate. For more information, visit our Web site, http://
www.sos.state.co.us/ click "Businesses, trademarks, trade names" and select "Frequently Asked Questions."
OPERATING AGREEMENT
of
SUNSET INDUSTRIAL, TRIAL, LLC
DATED AS OF APRIL 27TH, 2022
# 84484896
TABLE OF CONTENTS
PAGE
ARTICLE LE 1 CERTAIN I)II iI rITIo1'T t...••11.1••lll41ll•rri1•l/.r.•.l.rl•!•l/l/•s•••..1.}i..i.ill•1..
L i Certain Definition ..e...........ea
...! .... .. 0.l.l...
i
irfsesolo i.:ewea* - .-. 1
ARTICLE 2 NAME, PURPOSES AND POWERS, AND PLACE OF BUSINESS
OFCOMPANY mar...► r..iii .. one.....`.,... .p.4a.ea.sssa
2.1 Company Name . anal reets
2.2 Company Purposes and Powers
2.3 Principal Place of Business al.►►rarr:..iwii.i **** 5
14 Registered Agent and Registered Office ....•.....5
ARTICLE PERIOD OF DJ' ATI N ...aws.................m....,.......e.,iiiis...e...i.es.su**.**.ai.i•• 5
3.1 Period of Duration •0.4•r ■rs.w:Siam.iw.siss•rei..rt.s.f.ils+•i•s•rrs•ss•E#ar.*ss•s•Th+.ssr•**4si.st
3.2 Events Affecting the Manager ....
3.3 yen j iffectini.. a ++em er.i...ei.E..iai.#.ii..ii.►..ii.i.aTe..aiiiif#i Eiii.ii ii. ii i.. •iii iiie
ARTICLE 4 CAPITAL STRUCTURE AND MEN1
4.1 Capital Structure; Initial Ownership cif Units .....ee■■.e.nit*iiii•.nMii.iiit#i...4.i iiii
4.2 Voting ..i....i.i.i.................... ii..1..r/0.... a.11 1.i.iell t i illini *0.0•
4.3 Names and Addresses; Unit Ownership .................•./.11.r.,...#•....,........ .....s.s... ♦ 7
4.4 Admission of Additional Members..* 7
4.5 Restrictions tions on Transfers of Units ....e..1......i.............7
4.6 Right of First Refusal; Transfers of Units; Admission of Substitute
IsirenThers.
8
4.7 Dra ig - t O I I4 Right ......e..r...ie.e..i..... ir..rir.i..■esr.... ........................
4.8 Tag -Along ght$..ii.$iii*.Sea.saa...li...WiS!#•*l#iIMi..•4.r..!#$S$SI/ •lii.••..+.li40l 10
4.9 Restrictions on the Members ♦fr.r•ai.......... ........lri....s.......... ► 1 1
4.10 Investment Opportunities ..r.../...0...12
ARTICLE MANAGEMENT, DUTIES TIES AND RESTRICTIONS ♦.i..s*sf..{..i.... 12
5.1 Management..... .......... .....■...sr....r...i n..e•.se 12
5.2 Appointment and Removal of the Manager 12
,p r� i. r� y*
5.3 Resignation of the Manager..r....i...s.... ........•r 1
•
5.4 Determination by the Manager.#.aalb ..*.•....4..•.4......11.•......0.4•..12
5.5 Fiduciary Duties; 1\onliabi!ity ...n.•....,....,.*4.s.itsr.wrRr...s*een+*r•srr.s..rwr*s Se.#r...a*.r12
ARTICLE 6 CAPITAL ACCOUNTS; CAPITAL CONTRIBUTIONS......_ ..... W 13
6.1 Capital Accounts.....„. a..l...e*..s...t...s.SI.aue.sr4#a•.#.sr,.sw.4lat.•►r..s..ss.rsn..ss..eA.s..s.t...►.i,e+. 13
6.2 Additional Capital Contributions ..as......aaa 13
6.3 Tax Withholdings arise W•i.sW..w...s..s.E.i.i......i...ss.f....saiEis.ssslfsi..assO.. 13
ARTICLE .A .L CAT1ON .... a.........................a.aa.e.st...sse....a.......ea...ae...s. 13
tr+ ; and
Loss
.1 Profit fit an . _ Ysr.. ii..sis Miss...#...oils..ri.sM.f.i.a..s.i.s.AM.f..aeon is.i...i.sirr Mtiiii.i)1iiii I
7.2 Re atory Allocations .ea........s..a........a..a...e.ea..a.sea..a.sep.a 1
7.3 Income Tax Allocations ae...........sa'..,..a..........a.srss.r...sAA..aa..as...y.aaseestaa 17
ARTICLE 8 SALARIES AND EXPENSES .. .......a.w.f.....s.,......s.t...17
8.1 Compensation for the Manager a17
8.2 Expense Reimbursement.......... r. a...s..r... ss.... ri
F 17
ARTICLE 9 DISTRIBUTIONS TO AND WITHDRAWALS BY E fBER S 17
9.1 Interest on Capital Accounts 17
/frl� Withdrawals. 1L�� a1;W♦ ''1ii... Rf+�. Members 17
s SJ T �1 7Ri ta. tt ........ ..i ra r.,t#i O•emaa*a.. renew a. s a...s.a+eat•
9.3 Tax Distributions 1......#+Nuts.......sn............4.......... 17
9.4 Additional Distributions i.I Ile _ - .u..E...#M..i....a.a win .rf...#.. 18
9.5 Limits on Distributions • maim t.stem ....Mi.ete•+arsrr.aera .tb...ierSeeeiiii..si.il.i#.sM.ii.aMSM4sasiiMMi(ris.i.eMill 18
ARTICLE 10 DISSOLUTION OLUTIO OF COMPANY E....E..... 18
10l1 e 1 Lion of the Company ■...W.Iii.Msesa flew* s....iti.as.o..s.s..... Ode Seee....s..sse..1.3eo.. 18
10.2 Dissolution Procedures .........,.......s...r..seass sii...i..S 0 1
ARTICLE REPORTS AND FPCANCIAL ACCOUNTING 19
11.1 Books and Records; Operating Budget; Reports.i........i.i......i......i....s.i.i19
11.2 Annual eport .......19
11.3 Tax Matters Member •stole 19
ARTICLE 12
12.1
AMENDMENT.M....irn..i...E..aart......a...•aaa..s.asas•eli fia*4.iIto aaai/i.s. 19
1 s.+ M-i=+ .a...�t...it.ya�la....lte..r.M'.+.1er..i.irt.aa?. sia�iltY�s 'Alb �r. �t.aiMWt�r woe a.t..t.r - - -r .'.t19
ARTICLE 13 OTHER HER PROVISIONS i. r. 0
13.1 Loans...a0as.sf.•s0s•*...0r.r.:r..rrr=r..r..0r.rr*lrtr.000
2
13.2 i Toticer.rsirrs...ip.see salt....rrirra■ ssrsrrr..se.rrrrfsswra.r 20
13.3 Y a'l��e`� ............ seams oo i.r.i.isso a•4•.• 20
13.4 Binding Agreement ent .•. s.s..a.r.s...r 4...rsl4rieIirsrilsss#.i! 0
13.5 Entire Agreement; Captions.. oo rrss s 20
13.6 CompanyName ssrrlre.rssekeiniesr.r.oe.e..stall...rbuii.solisr..aa.briinnaI*r.W..F.n.a.s.....rsp.r•yirar 20
13.7 Inderrirtification.•raa..ai is.ia.s.asiasas.s..a.sse►.s..ssasaa.sr.n.an...i....r ■.a...M......sa. 20
13.8 Confidentialityteest....saysssss*s.o.s.ss.lsaa.04.pefssl*t*11.00000M.. _ •0 - Eras 21
13.9 ontributiVn Agreement..s.#arla.al..•ai...I..I.sss0.0a4.rrsr.40.0.0.ss.000.a.I00sara4s4s0I.s/r..404s421
13.10 Representations . isilra.tiro#�ar�fs.•aaw eesetsssw•*a0l.....*isi0000saa..s.:aso..as*.air}.al.•. L -t2
OPERATING AGREEMENT
of
SUNSET INDUSTRIAL, L, LLC
THIS OPERATING AGREEMENT (thi.s "Agreement' ') of is made and entered into by and
among the Members set forth on the signature page hereof, and constitutes the operating
agreement for SUNSET INDUSTRIAL, LL (the "company") as to the affairs of the
Company and the conduct of its business, with effect as of May 1g 2022. This Agreement shall
be controlled by and shall always be consistent with the provisions of the Colorado Limited
Liability Company Act or any successor statute, as amended (the "Act"), and the Articles of
organization as fled with the office of the Secretary of State of Colorado (the "Articles"). The
1"embershereby agree as follows:
ARTICLE 1
CERTAIN DEFINITIONS
1,1 Certain Definitions. For purposes of this Agreement, certain terms used in this
Agreement shall be defined as follows:
(a) "Accounting Period" shall be (1) a calendar year if there are no changes in
the Members' respective interests in income, gain, loss or deductions during such calendar year
except on the first day thereof, or (ii) any other period beginning on the first day of a calendar
year, or any other day during a calendar year upon which occurs a change in such respective
interests, and ending on the last day of a calendar year or on the day preceding an earlier day
upon which any change in such respective interest shall occur.
(b) "Additional Member" shallmean any person or entity, other than a
Member set forth on Exhibit A dated as of the date of this Agreement, who or which is admitted
to the Company as a Member pursuant to the terms of this Agreement.
(c) "Ace' shall have the meaning ascribed thereto in the introductory
paragraph of this Agreement.
(d) "Adjusted Asset Value" with respect to any asset shalt be the asset's
adjusted bads for federal income tax purposes, except as follows:
(ii The initial Adjusted Asset Value of any asset contributed by a
Member to the Company shall be the gross fair market value of such asset at the time of
contribution, as determined by the contributing Member and the Company.
(ii) The Adjusted Asset Values of all Company assets shall, upon the
discretion of the Manager, be adjusted to equal their respective gross fair market values, as
determined by the Manager, and the resulting unrecognized profit or loss allocated to the Capital
Accounts of the Members pursuant to Article 7, as of the following times: (1) the acquisition of
an additional interest in the Company by any new or existing Member in exchange for more than
a de min/iris Capital Contribution; (2) the distribution by the Company to a Member of more
than a de minimis amount of Company assets, unless all Members receive simultaneous
distributions of either undivided interests in the distributed property or identical Company assets
in proportion to their interests in the Company; and (3) the acquisition of Unit or other additional
interest in the Company by any new or existing Member in exchange for the provisions of
services to or for the benefit of the Company.
(iii) The Adjusted Asset Values of all Company assets shall be adjusted
to equal their respective gross fair market values, as determined by the Manager, and the
resulting unrecognized profit or loss allocated to the Capital Accounts of the Members pursuant
to Article 7, as of any termination of the Company pursuant to Article 10.
(e "Agreement' shall have the meaning ascribed thereto in the introductory
paragraph of this Agreement.
( "Articles" shall have the meaning ascribed thereto in the introductory
paragraph of this Agreement.
(g "Bankrupt" shall mean, with respect to a person, a circumstances where
0) any proceeding is commenced against such person for any relief under bankruptcy or
insolvency laws, or laws relating to the relief of debtors, reorganizations, arrangements,
compositions, or extensions and is not dismissed within ninety (90) days after such proceedings
have been commenced, or (ii) such person commences any proceeding for relief under
bankruptcy or insolvency laws or law relating to the relief of debtors, reorganizations,
arrangements, compositions, or extensions.
(h) "Capital Account' of each Member shall consist of such Member's
Original Capital Contribution, if any, (i) increased by any additional Capital Contributions, such
Member's share of income or gain that is allocated to it pursuant to this Agreement, and the
amount of any Company liabilities that are assumed by such Member or that are secured by any
Company property distributed to such Member, and (ii) decreased by the amount of any
distributions to; or withdrawals by, such Member, such Member's share of any negative
allocations pursuant to this Agreement, and the amount of any liabilities of such Member that are
assumed by the Company or that are secured by any property contributed by such Member to the
Company. The foregoing provision relating to the maintenance of Capital Accounts is intended
to comply with Treasury Regulation Section 17 O4-1(b)(2)0v and shall be interpreted and
applied in a manner consistent with such Regulations.
(1) CapitalContribution" of each Member,, if any, shall be the amount of
cash and fair market value of property contributed by such Member to the Company.
"Code" shall mean the Internal Revenue Code of 1986. as amended from
time to time (or any corresponding provisions of succeeding law).
(it) "Distributable Funds" shall mean, at any time, (1) the amount of cash and
other liquid assets of the Company or its wholly -owned subsidiaries on hand at that time
(including amounts resulting from borrowings), less (ii) the excess, if any, of the amount of
reasonably foreseeable cash expenses as determined by the Manager, and less (iii) cash reserves
that the Manager deems necessary for the needs and operation of the Company's business,
provided, that upon the sale of the Company or the assets thereof, such distributions shall be
made as soon as practicably possible.
"Fiscal Year" of the Company for the period between the date the Articles
were initially flied and December 31, 2022 shall be such period, and for all years thereafter shall
commence on January 1 of each such year and end on December 31 of such year, except for the
final Fiscal Year of the Company, which shall begin on January 1 of such final Fiscal Year and
end on the date of termination of the Company.
tin) "Immediate Family" shall mean, with respect to any person, (A) such
person's spouse, children and any of the lineal descendents of the foregoing, and/or (B) any trust
or similar entity all of the beneficiaries of which, or a corporation, partnership or limited liability
company all of the stockholders and other equity holders, limited and general partners or
members of which are, (x) solely the persons in the foregoing clause (A), and/or (y) any
charitable organization described in Section 50 1(.c)(3) of the Code effectively controlled by any
person specified in the foregoing clause (A), and/or Cz) any entity described in this clause (B) all
the beneficiaries of which, or all the stockholders and other equity holders, limited and general
partners or members of which, are solely the persons identified in the foregoing clause (A).
(n) "Incompetent" shall mean, with respect to any person, when such person
shall be adjudged incompetent by a decree of a court of competent jurisdiction.
(o) "Insane" shall mean, with respect to any person. when such person shall
be deemed insane if such person shall be adjudged insane by a decree of a court of competent
jurisdiction.
(p) "Majority Action" shall mean approval or consent of the Members holding
at least a majority of the outstanding Units.
(q) "Manager" or "Board of Ma aa,ers" shall mean the Board of Managers
appointed in accordance with Section 5.1.
(r) "'Wernher" shall mean each of the Members set forth. on Exhibit A dated as
of the date of this Agreement, and Additional Members as of a given time.
(s) "Original al Capital Contribution" shall mean, with respect to each
Member, such member's Capital Contribution made as of the date of this Agreement, as set forth
in Exhibit A.
' t ' "Permanently Incapacitated' shall mean. with respect to any person,
when such person shall be deemed permanently incapacitated whenever such person is
determined by competent medical authority to be permanently incapable of carrying out his
functions hereunder, and in the case of the Manager, such medical authority shall be selected by
Majority Action.
(u) "Person" means any individual, corporation, association, partnership
(general or limited),joint venture, trust, joint stock company, estate, limited liability company,
unincorporated organization or other legal entity or organization.
(v) "Profit" or "toss" shall be an amount computed for each Accounting
Period as of the last day thereof that is equal to the Company's taxable income or loss for such
Accounting Period, determined in accordance with Section 703(a) of the Code (for this purpose,
all items of income, gain, loss, or deduction required to be stated separately pursuant to Code
Section 703 (a( 1) shall be included in taxable income or loss), with the following adjustments:
(1) Any income of the Company that is exempt fromfederal income
tax and not otherwise taken into account in computing Profit or Loss pursuant to this paragraph
shall be added to such taxable income or loss;
(ii) Any expenditures of the Company described in Code
Section 705(a)(2)(B) or treated as Code Section 705(a)(2)(B) expenditures pursuant to Treasury
Regulation Section 14704-1(b)X)(iv)(i) and not otherwise taken into account in computing Profit
or Loss pursuant to this paragraph shall be subtracted from such taxable income or loss;
(iii) Gain or loss resulting from any disposition of a Company asset
with respect to which gain or loss is recognized for federal income tax purposes and depreciation
and amortization with respect to such assets shall be computed by reference to the Adjusted
Asset Value of the asset disposed of rather than its adjusted tax basis;
(iv) The difference between the gross fair market value of all Company
assets, as determined by the Manager, and their respective Adjusted Asset Values shall be added
to such taxable income or loss in the circumstances described in Section 1.1(d);
(v) Upon any distribution in kind, the difference between the fair
market value and the Adjusted Asset Value of the assets distributed shall be added to such
taxable income or loss; and
(vi) Any items that are specially allocated pursuant to Section 7.2 shall
be excluded.
(w) "Property" shall mean Weld County Parcel 096103300067; to the extent
the Company acquires additional properties, then they shall be added to the definition of Property
for the purposes of this Agreement.
(x) "Purchase Contract" has the meaning set forth in Section 4.2(0.
(y) "" up r majori y Action" shall mean approval or consent of the Members
holding at least two-thirds of the outstanding Units.
(z) "Target capital Account' shall mean initially with respect to each
Member, the amount identified as: such Members Target Capital Account on Exhibti A. Each
Member's Target Capital Account shall be reduced by any distribution to such Member pursuant
to Section 9.4.
(aa) "Treasury Regulation?' shall mean the Income Tax Regulations
promulgated ander the Code, as such Regulations may be amended from time to time (including
corresponding provisions of succeeding Regulations).
(bb) "Unit(s)" shall mean the units of membership interest into which the
equity ownership of the Company is divided, which represents the share of profits and losses,
gains, deductions, credits, cash, assets, and other distributions of a Member, and to the extent
provided by this Agreement, the right to participate in the management of the Company,
including voting rights.
ARTICLE 2
NAME, PURPOSES AND POWERS, AND PLACE OF BUSINESS OF COMPANY
2.1 Company Name. The Company shall conduct its activities under the name
Sunset Industrial, LLC or such other name as the Manager may designate.
2.2 Company Purposes and Powers. The Company was formed for the object and
purpose of, and the nature of the business to be conducted and promoted by the Company is,
engaging in any lawful act or activity for which limited liability companies may be formed under
the Act. The Company has all of the powers of a limited liability company set forth in the Act.
23 Principal Place of Business. The principal place of business of the Company
shall be at 105 Coronado Ct., Unit A-101, Fort Collins CO 80525, or at such other place or
places as the Manager may from time to time determine.
2.4 Registered Agent and Registered Office. The name of the registered agent for
service of process of the Company and the address of the Company's registered office are
specified in the Articles, or such other agent or office in the State of Colorado as the Manager
may from time to time designate.
ARTICLE 3.
PERIOD OF DURATION
3.1 Period of Duration. The Company has filed with the Secretary of State of the
State of Colorado the Articles and shall exist unless and until dissolved as provided in
Section 10.1.
3.2 Events Affecting the Manager. The death, Bari mptcy, withdrawal, Insanity,
Incompetency, Permanent incapacity, expulsion or removal of the Manager shall not dissolve the
Company.
3.3 Events Affecting a Member. The death, Bankruptcy, withdrawal, Insanity,
Incompetency, Permanent Incapacity, dissolution, expulsion or removal of a Member shall not
dissolve the Company.
ARTICLE 4
CAPITAL STRUCTURE AND MEMBERS
4.1 Capital Structure; Initial Ownership of Units, The aggregate number of Units
which the Company shall have authority to issue is 10,000. As of the date hereof, each Member
owns the number of Units set forth next to such Member's name on Exhibit A attached hereto.
4.2 Voting; Agreements.
(a) Each holder of Units shall be entitled to one vote per Unit held of record
on the Company's books as to matters that come before the Members for a vote.
(b) Except as otherwise specifically provided in this Agreement. each natter
coming before the Members for a vote shall be decided by Majority Action.
(c) Notwithstanding the foregoing and without limiting the other restrictions
set forth in this Agreement, the following actions with respect to the Company shall require
SupermajorityAction:
i Dissolve, liquidate, wind-up or terminate the Company;
(ii) Amend the Articles of organization or this Agreement (except the
Manager shall have the authority to amend Exhibit A as provided in Section 4.3 without the
consent of the Members);
flu) Except for the loan or loans in the original principal amount of up
to $2,000,000 to acquire the ; pew ("Acquisition Loan"), borrow funds on behalf of the
Company or have the Company make any loan or guarantee the indebtedness of any Person, or
materially amend any of the foregoing instruments;
(iv) Except as contemplated hereby, issue additional Units or other
securities of the Company or securities convertible into or exercisable for any of the foregoing;
(v) Purchase or otherwise acquire or redeem the Units owned. directly
or indirectly, by any Member;
(vi) My transaction, directly or indirectly, between (x) the Company
and (y) any Member or any affiliate or family member of the Member. or any entity owned or
controlled by such Member;
(d) Acquisition Loan; Guaranty.
The Members hereby agrees to contribute capital to the Company,
on a pro rata basis, to service the Acquisition Loan for sixty (60) months following the
acquisition of the Property. unless such Acquisition Loan is fully repaid prior to the end of such
sixty -month period. At all times thereafter, each Member agrees to contribute capital to the
Company, on a pro rata basis, to service the Acquisition Loan at all times following the initial
sixty (60) month period and until the Acquisition Loan is fully repaid. The Members agree that.
the appraisal costs and all closing costs and expenses shall be included in the Acquisition Loan*
The Members agree that the Acquisition Loan will be repaid before they are entitled to any
distributions.
(ii) If a personal guaranty is required by the lending institution making
the Acquisition Loan to the Company, each Member agrees to issue a personal guaranty to such
lending institution, and 102 Real Estate agrees to provide corporate guarantee to such lending
institution.
4.3 Names and Addresses; Unit Ownership. The names and addresses of the
Members and the number of Units held by each Member are set forth on Exhibit A hereto. The
Manager shall cause Exhibit A to be amended from time to time toreflect the admission of any
Additional Member, the withdrawal of any Member, receipt by the Company of notice of any
change of address of a Member, the change in the number of Units held by any Member, or the
occurrence of any other event requiring amendment of Exhibit A. Unless otherwise deemed
necessary by the Manager. Units shall be uncertificated.
4.4 Admission of Additional Mem ben. The Manager is authorized to admit
Additional Members to the Company and issue Units to such Additional Members consistent
with Section 4.1, but thereafter, any new Units or Additional Members must be approved by
Superrnajority Action. Any such Additional Members shall execute any document(s) deemed
advisable by the Manager, including, without limitation, a counterpart of this Agreement.
4.5 Restrictions on Transfers of Units.
(a) In the event of any voluntary or involuntary transfer of a Unit (including
without limitation, the transfer of a Unit by a Member to such Member's former spouse), or any
part thereof, the transferee shall receive only the transferor's economic interest in the Company,
and the transferee shall not be admitted as a Member or have any right as a result of such transfer
to participate in the affairs of the Company, except as provided by the Manager; provided,
however, if a transfer is made voluntarily and in accordance with Section 4.5( b) ([ i :) e(iv) then the
transferee shall receive all of transferor's rights and interests in the Unit, including without
limitation, economic and voting rights.
(b) Without the prior written approval of the Manager, no Member shall sell,
assign, mortgage, pledge or otherwise dispose of such Member's Units or such Member's share
in the Company's capital assets or property., except a) to any other Member, (ii) to such
Member's Immediate Family, (iii) by testamentary disposition or intestate succession, or (iv) in
accordance with Sections 4.6, 4.7 or 4.8 hereof. Any disposition in violation of this provision
shall be null and void and of no further force and effect.
(c) As a condition to recognizing the effectiveness and binding nature of any
transfer of any Unit, the transferring Member and the proposed transferee shall execute,
acknowledge and deliver to the Company such instruments of transfer, assignment and
assumption and such other certificates, representations and documents, and perform all such
other acts that the Manager deems necessary or desirable to: (1) constitute such transferee as
such; (2) confirm thatthe transferee desiring to acquire Units has accepted, assumed and agreed
to be subject to and bound by all the terms, obligations and conditions of the Agreement, as the
same may have been further amended; (3) preserve the Company after the completion of such
transfer under the laws of each jurisdiction in which the Company is qualified, organized or does
business; (4) maintain the status of the Company as an organization not taxable as a corporation
under the then applicable provisions of the Code; (5) not cause, either atone or when combined
with other transactions, a termination of the Company within the meaning of Code Section 708
(unless otherwise determined by the Manager); and (6) assure compliance with the applicable
securities acts and regulations.
4.6 Right of First Refusal; Transfers of Units; Admission of Substitute Members.
(a) In the event that any Member (hereinafter referred to as "Offering
Member") desires to sell all or any part of his or her Units ("Offered Units") to a third -party from
whom it receives a bona fide written offer to purchase all of the Offered Units for cash and/or a
promise to make deferred payments of cash (the "Offer), the Offering Member shall promptly
give written notice (the "Notice") to all Members whose Units are not subject to said offer (the
"Non -Offering Members"), The Notice shall state the identity of the third -party offeror, the
purchase price (the "Offer Price") and the other terms and conditions of the Offer. Each Non-
Offering Member shall then have an option ("Member Option") to purchase from the Offering
Member its proportionate share ("Proportionate Share`) of the offered Units. For purposes of
this Agreement, the term Proportionate Share shall mean a percentage obtained by dividing the
number of Units owned by each Non -Offering Member by the total. number of Units owned by
all Non -Offering Members. in the event a Non -Offering Member elects to exercise his or her
Member Option, said Non -Offering Member must provide written notice to the Offering
Member, the Company and all other Non -Offering embers within thirty (30) days after his or
her receipt of the Notice from the Offering Member. If any one or more Non -Offering Members
fail to exercise their option to purchase their Proportionate Share, all of those Non -Offering
Members that have exercised their option to purchase their Proportionate Share shall have an
option to purchase their Proportionate Share (determined by excluding the Units of the Non -
Offering Member failing to exercise) of the Units allocated to the non -purchasing, Non -Offering
Members. This option may be exercised in the manner provided above within ten (10) days
following the lapse of the options of the non -purchasing, Non -Offering Members. This process
shall continue indefinitely until all of the Offered Units have been purchased or offered for
purchase and declined by each of the Non -Offering Members. The purchase price to be paid by
each Non -Offering Member shall be his, her or its Proportionate Share of the Offer Price and
shall be paid in full in accordance with the terms of the Offer at the time of purchase, which shall
be mutually agreed upon and shall occur within thirty (30) days of the date the last notice period
expires.
(b) Failure to Exercise ption. Notwithstanding the foregoing oing provisions in
Section 4.6(a), if the Non -Offering Members fail to exercise their options above to purchase all
of the Offered Units, then the Offering Member shall have thirty (30) days from the date the
Member Option expires to consummate the sale of all of the Offered Units to the third -party
offeror pursuant to the terms of the Offer, and none of the sales referred to in Section 4,6(a) shall
take place. If the Offering Member does not complete the sale to the third -party offeror within
said thirty (30) day period, then all of the Offered Units shall once again become subject to the
terms of this Agreement and the Right of First Refusal set forth herein. If the sale to the third-
party offeror is completed within said thirty (30) day period, then the purchaser shall take all of
the Offered Units subject to all terms of this Agreement.
(c) Additional Requirements. As a condition to recognizing the effectiveness
and binding nature of any transfer of any Unit, the transferring Member and the proposed
transferee shall execute, acknowledge and deliver to the Company such instruments of transfer,
assignment and assumption and such other certificates, representations and documents, and
perform all such other acts that the Manager deems necessary or desirable to (1) constitute such
transferee as such; (2) confirm that the transferee desiring to acquire Units has accepted, assumed
and agreed to be subject to and bound by all the terms, obligations and conditions of the
Agreement, as the same may have been further amended; (3) preserve the Company after the
completion of such transfer under the laws of each jurisdiction in which the Company is
qualified, organized or does business; (4) maintain the status of the Company as an organization
not taxable as a corporation under the then applicable provisions of the Code; (5) not cause,
either alone or when combined with other transactions, a termination of the Company within the
meaning of Code Section 708 (unless otherwise determined by the Manager); and (6) assure
compliance with the applicable securities acts and regulations. At the request of a Member. the
Manager shall provide consultation and information concerning the circumstances in which a
transfer of an interest in the Company would result in a termination of the Company within the
meaning of Code Section 708.
4.7 Drag -Along Right.
(a) If and, Member or Members holding not less than Sixty Six and Two-
Thirds Percent (66+667%) of the Units (the "Selling Members") proposes to sell all of their Units
to a person who is not a Member (a "Drag -Along Sale"), at their sole option, the Selling
Members shall have the right to require the other Members (the "Drag -Along Member") to sell in
such Drag -Along Sale the Units held by them.
(b) The Selling Members shall provide the Drag -Along Member notice of the
terms and conditions of such proposed Disposition (the "Drag -Along Notice") not later than
fifteen (15) business days prior to the closing of the proposed Drag -Along Sale. The Drag -Along
Notice shall identify the consideration for which the Disposition is proposed to be made, and all
other material terms and conditions of the Drag -Along Sale, including the form of the proposed
agreement, if any. The Drag -Along Members shall be required to participate in the Drag -Along
Sale on the terms and conditions set forth in the Drag -Along Notice.
(c) If, at the end of a ninety (90) day period after the date on which the Selling
Members give the Drag -Along Notice (which ninety (90) day period shall be extended if any of
the transactions contemplated by the Drag -Along Sale are subject to regulatory approval until the
expiration of five (5) business days after all such approvals have been received, but in no event
later than one hundred and twenty (120) days following the receipt of the Drag -Along Notice),
the Drag -Along Sale has not been completed on substantially the same terms and conditions set
forth in the Drag -Along Notice, the Drag -Along Member shall no longer be obligated to sell their
Units pursuant to such Drag -Along Notice and the Selling Members shall return to the Drag_
Along Members any documents in the possession of the Selling Members executed by the Drag -
Along Member in connection with the proposed Drag -Along Sale.
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(d) Notwithstanding anything contained in this Section 4.7, there shall be no
liability on the part of the Selling Members to the Drag -Along Member if the transfer of the
Units pursuant to this Section 4.7 is not consummated for whatever reason. In addition,
notwithstanding anything contained in this Section 4,1, the obligations of the Drag -Along
Member to participate in a Drag_ long Sale are subject to the following conditions:
1) subject to the allocation provisions set forth in this Agreement,
upon the consummation of such Drag -Along Sale, ail of the Members participating therein will
receive the same form and amount of consideration per percentage of Unit and shall be subject to
all other terms and conditions of such sale in a manner proportionate to their Units being sold;
and
(ii) no Member participating therein shall be obligated to pay any
expenses incurred in connection with any unconsummated Drag -Along Sale, and each Member
shall be obligated to pay only its pro rata share (based on the amount of Units disposed of) of
expenses incurred in connection with a consummated rag -Along Sale to the extent such
expenses are incurred for the benefit of all Members and are not otherwise paid by the Company
or another person.
4.8 Tag -Along Right.
(a) If any Member or Members holding a Majority of the Units (the "Tag -
Along Seller") proposes to sell all of its Units to a person who is not a Member (such proposed
transfer, a "Tag -Along Sale"), and the (i) the Tag -Along Seller shall provide each other Member
notice of the terms and conditions of such proposed transfer (the "Tag -Along Notice") and offer
each other Member the opportunity to participate in such transfer in accordance with this Section
4.8 and (ii) each other Member may elect, at its option, to participate in the proposed transfer in
accordance with this Section 4.8 (each such electing Member, a "Tagging Member"). The Tag_
.Along Notice shall identify the consideration for which the transfer is proposed to be made, and
all other material terms and conditions of the Tag -Along Sale, including the form of the proposed
agreement, if any.
(b) From the date of its receipt of the Tag -Along Notice, each Tagging
Member shall have the right, exercisable by notice delivered to the Tag -Along Seller within ten
(10) business days after its receipt of the Tag -Along Notice, to request that the Tag -Along Seller
include in the proposed transfer the Units held by such Tagging Member.
(cc If, at the end of a ninety (90) day period after delivery of the notice from
the Tagging Member (which ninety (90) day period shall be extended if any of the transactions
contemplated by the Tag -Along Sale are subject to regulatory approval until the expiration of
five (5) Business Days after all such approvals have been received, but in no event later than one
hundred and twenty (120) days following receipt by the Tagalong Seller of the Tagging
Member's notice), the Tag -Along Seller has not completed the transfer of their Units on
substantially the same terms and conditions set forth in the Tag -Along Notice, the Tagnlon.g
Seller shall not conduct any transfer of their Units without again complying with this Section 4.8.
(d) If within ten (10) days of receipt of the Tag -Along Notice any Member
shall not have elected to participate in the Tag -Along Sale, such Member shall be deemed to
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have waived its rights under this Section 4 with respect to the transfer of its Units pursuant to
such Tag -Along Sale.
lie) Notwithstanding anything contained in this Section 4. 8, there shall be no
liability on the part of the Tag -Along Seel lento the Tagging Members if the transfer of the Units
pursuant to this Section 4.8 is not consummated for whatever reason, Whether to effect a
transfer of Units by the Tag -Along Seller is in the sole and absolute discretion of the Tag -Along
Seller. in addition. notwithstanding anything contained in this Section 4.8, the rights and
obligations of the other Members to participate in a Tag -Along Sale are subject to the following
conditions
(1) subject to the allocation provisions set forth in this Agreement,
upon the consummation of such Tag -Along Sale, all of the Members participating therein will
receive the same form and amount of consideration per percentage of Unit and shall be subject to
all other terns and conditions of such sale in a per proportionate to their Units being sold;
and
(ii) no Member participating therein shall be obligated to pay any
expenses incurred in connection with arty unconsummated Tag -Along Sale, and each such
Member shall be obligated to pay only its pro raw share (based on the amount of Units
transferred) of expenses incurred in connection with a consummated Tag -Along Sale to the
extent such expenses are incurred for the benefit of all such Members and are not otherwise paid
by the Company or another person.
4.9 Restrictions on the Members. Other than Members who are acting in their
capacities as the Manager under the terms of this Agreement, the Members shall take no part in
the day-to-day control or management of the Company business nor shall the Members have any
power or authority to act for or on behalf of the Company. Except as expressly provided herein
or as required by law, the Members shall have no right to vote on any Company matters..
4.10 Investment Opportunities. Each Member agrees that no Member is obligated to
present to the Company any investment opportunities. Notwithstanding any other provision in
this Agreement, each Member hereby waives any and all rights and claims which they may
otherwise have against the other Members, and each of their officers, di rectors, shareholders,
partners, members, managers, agents, employees, and Affiliates as a result of any of the activities
of such personal investment activities.
•
ARTICLE 5
MANAGEMENT, DUTIES AND RESTRICTIONS
5.1 Management, The management of the business and affairs of the Company shall
be vested in a Board of Managers (referred in this Agreement as the "Manager" or `hoard of
Managers"), which shall initially be comprised of: Chris Leone and Chance Brown. The Board
of Managers may, in accordance with the laws of the State of Colorado and this Agreement,
adopt such rules and regulations for the conduct of its meetings, the exercise of its powers and
the management of the business of the Company as it may deem proper. In addition, the Board
of Managers may exercise all powers of the Company and carry out all lawful acts that are not
required to be exercised or done by the Members as provided by the Act orthis Agreement.
Except as otherwise set forth herein, the Manager shalt have the sole right to manage, control,
and conduct the affairs of the Company and to do my and all acts on behalf of the Company, and
to exercise all rights and powers on behalf of the Company. The Board of Managers shall act by
majority approval.
5.2 Appointment and Removal of the Manager. A Manager may be appointed
upon Majority Action, and a Manager er may be removed, with or without cause, upon Majority
Action; provided, the replacement member of the Board of Managers shall be appointed as set
forth in Section 5.1.
5.3 Resignation of the Manager. A Manager may resign at any time by giving at
least thirty (30) days advance written notice to each of the Members. A Manager shall be
deemed to have resigned automatically if the Manager dies, or becomes Bankrupt, Incompetent,
Insane, or Permanently Incapacitated.
5.4 Determination by the Manager. All matters concerning allocations,
distributions and tax elections (except as may otherwise be required by the income tax laws) and
accounting procedures not expressly and specifically provided for by the terms of this Agreement
shall be determined in good faith by the Board of Managers. Such determination shall be final
and conclusive as to all of the Members. At the timely request of a Member who transfers an
interest in the Company in accordance with the provisions of this Agree.ent,theCompany shall.
file an election under Section 754 of the Code with respect to such transfer.
5.5 Fiduciary Duties; Nonliability. The Board of Managers shall not have fiduciary
duties unless expressly provided for under the Act, including case law interpretations thereof
Except as otherwise provided in the Act, no Manager or Member shall be liable to any Member
or Manager for any conduct or actions or for failure not to act, except for conduct, actions or
inactions (a) determined by a court of competent jurisdiction not to have been undertaken in
good faith or (b) which constitutes willful misconduct or a willful breach of this Agreement.
ARTICLE 6
CAPITAL ACCOUNTS; CAPITAL CONTRIBUTIONS
6.1 Capital Accounts. An individual Capital Account shall be maintained on the
Company's books for each Member in accordance with Section 1.1(h).
6}2 Additional C'apital Contributions, It is anticipated that the acquisition and.
development of the Property will require a total of $3,000,000.00 in liquid capital. Each of the
Members agrees to make Capital Contributions pro -rata to their Unit ownership within 30 days
of receiving notice of such contribution requirements. Such notice will be given by the Manager.
For clarity the total contribution amounts for Each Member are listed in Exhibit A. Except as
provided in this section, +ecti id il, and Section 6.3, Members shall not be required to
make further Capital Contributions.
6.3 Tax Withholdings. Notwithstanding any provision of this Agreement to the
contrary, in the event that the Company is required to withhold and remit any taxes to the IRS or
applicable state taxing authority pursuant to any provision of the Code or applicable state law
with respect to any Member, the amount being withheld and/or paid to the IRS or applicable state
taxing authority((any such amount withheld being the "Tax Amount") shall be deemed to have
been distributed to such Member and the Manager shall have the right to either (a) offset the
amount of such Tax Amount against amounts to be distributed to such Member by the Company
in the future, or (b.) require such Member to make additional Capital Contributions at such times
and in such amounts as determined by the Manager sufficient to fund, or reimburse the Company
for, such Tax Amount.
ARTICLE 7
ALLOCATIONS
7.1 Profit am] Loss.
(a) Except as otherwise provided in this Article 7, Profits, if any, for each
Accounting Period shall be allocated as follows:
(i) First, in the reverse order and priority of any allocations pursuant
to Section 7.1(b) of Losses for prior Accounting Periods that have not been reversed through
allocations of Profits for prior Accounting Periods under this Section 7.1XaX(i)z and
(ii) Second, to the Members pro rata in accordance with their Capital
Accounts.
(ii) any remaining Profits shall be allocated among the Members pro
rata in accordance with their Units..
(b) Except as otherwise provided in this Article 7, Losses, if any, for each
Accounting Period shall be allocated as follows:
(i) First, pro rata to the Members to the extent of any Profits allocated
pursuant to Section 7.1(a)(iii) of Profit for prior Accounting Periods, that have not been
previously reversed through allocations of Losses under this Section_ _7. i (b)(i ).
(ii) Second, to the Members in accordance with their positive Capital
Account balances until each Member's Capital Account balance has been reduced to zero.
(fill) Third, any remaining Losses shall be allocated among the
Members pro rata in accordance with their Units.
7.2 egulatory Allocations. The provisions in this Section 7.2 contain special rules
for the allocation of items of Company income, gain,, loss and deduction that override the basic
allocations of Profit and Loss set forth in Section 7.1 to the extent necessary to cause the overall
allocations of items of Company income, gain, loss and deduction to have substantial economic
effect pursuant to Treasury Regulations Section 1.704-1(b) and shall be interpreted in light of
that purpose. Subsection (a) below contains special technical definitions. Subsections (b)
through CO contain the Regulatory Allocations themselves. Subsections (h), (I) and (j) are
special rules applicable in applying the Regulatory Allocations.
(a) For purposes of this Section 7.2, the following terms shall have the
meanings indicated:
(0 "Adjusted Capital Account, means, with respect to any Member
or assignee, such person's Capital Account as of the end of the relevant Fiscal Year increased by
any amounts which such person is obligated to restore, or is deemed to be obligated to restore
pursuant to the next to last sentences of Treasury Regulations Sections 1.70-1-2(g)(1) (share of
minimum gain) and 1.704-2(i)(5) (share of member nonrecourse debt minimum gain).
(ii) " IC Minimum Gainn" has the meaning of "partnership minimum
gain" set forth in Treasury Regulations Section 11704-2(4 and is generally the aggregate gain
the Company would realize if it disposed of its property subject to Nonrecourse Liabilities in full
satisfaction of each such liability, with such other modifications as provided in Treasury
Regulations Section 1.704-2(d). in the case of Nonrecourse Liabilities for which the creditor's
recourse is not limited to particular assets of the Company, until such time as there is regulatory
guidance on the determination of minimum gain with respect to such liabilities, all such
liabilities of the Company shall be treated as a single liability and allocated to the Company's
assets using any reasonable basis selected by the Members.
(iii) "Member ber Nonrecourse Deductions" shall mean losses, deductions
or Code Section 705(a)(2)(B) expenditures attributable to Member Nonrecourse Debt under the
general principles applicable to "partner nonrecourse deductions" set forth in Treasury
Regulations Section 1.704-2(0g).
(iv) "Member Nonrecourse Debt" means any Company liability with
respect to which one or more but not all of the Members or related persons to one or more but
not ail of the Members bears the economic risk of loss within the meaning of Treasury
Regulations Section 1.752-2 as a guarantor, lender or otherwise.
(v) "Member Nonrecourse Debt Minimum Gain" shall mean the
minimum gain attributable to Member Nonrecourse Debt as determined pursuant to Treasury
Regulations Section 1.704-20)(3). In the case of Member Nonrecourse Debt for which the
creditor's recourse against the Company is not limited to particular assets of the Company, until
such time as there is regulatory guidance on the determination of minimum gain with respect to
such liabilities, all such liabilities of the Company shall be treated as a single liability and
allocated to the Company's assets using any reasonable basis selected by the Members.
(vi) .Nonrecourse Deductions" shall mean losses, deductions, or Code
Section 705(a)(2)(B) expenditures attributable to Nonrecourse Liabilities (see Treasury
Regulations Section 1.704-2(b)(1)). The amount of Nonrecourse Deductions for a Fiscal Year
shall be determined pursuant to Treasury Regulations § 1.704-2(c), and shall generally equal the
net increase, if any, in the amount of LLC Minimum Gain for that taxable year, determined
generally according to the provisions of Treasury Regulations Section 1.704-20), reduced (but
not below zero) by the aggregate distributions during the year of proceeds of Nonrecourse
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Liabilities' that are allocable to an increase in LLC Minimum Gain, with such other, modifications
as provided in Treasury Regulations Section 1.704-c.
(vii) "Nonrecourse Liability" means any Company liability (or portion
thereof) for which no Member bears the economic risk of loss under Treasury Regulations
Section 1.752-2.
(viii) "Regulatory' Allocations" shall mean allocations of Nonrecourse
Deductions provided in subparagraph (b) below, allocations of Member Nonrecourse Deductions
provided in subparagraph (c) below. the minimum gain chargeback provided in subparagraph (d)
below, the member nonrecourse debt minimum gain chargeback provided in subparagraph (e)
below, the qualified income offset provided in subparagraph (f) below, the gross income
allocation provided in subparagraph (g) below, and the curative allocations provided in
subparagraph (h) below.
(b) All Nonrecourse Deductions for any Fiscal Year shall be allocated
proportionately among the Members pro rata in accordance with their Units.
(c) All Member Nonrecourse Deductions for any Fiscal Year shall be
allocated to the Member who bears the economic risk of loss under Treasury Regulations
Section 1.752 with respect to the Member Nonrecourse Debt to which such Member
Nonrecourse Deductions are attributable.
(d) If there is a net decrease in LLC Minimum Gain for a Fiscal Year, each
Member shall be allocated items of Company income and gain for such year (and, if necessary,
subsequent years) in an amount equal to such Member's share of such net decrease in LLC
Minimum Gain, determined in accordance with Treasury Regulations Section 1.704-2(g)(2) and
the definition of LLB, Minimum Gain set forth above. This provision is intended to comply with
the minimum gain chargeback requirement in Treasury Regulations Section 1.704-2(0 and shall
be interpreted consistently therewith.
(e) if there is a net decrease in Member Nonrecourse Debt Minimum Gain
attributable to a Member r onrecourse Debt for any Fiscal Year, each Member who has a share
of the Member Nonrecourse Debt Minimum Gain attributable to such Member Nonrecourse
Debt as of the beginning of the Fiscal Year, determined in accordance with Treasury Regulations
Section 1.704-2(0(5), shall be allocated items of Company income and gain for such year (and, if
necessary, subsequent years) in an amount equal to such Member's share of the net decrease in
Member Nonrecourse Debt Minimum Gain attributable to such Member Nonrecourse Debt,
determined in accordance with Treasury Regulations Sections 1.704-20)(4) and (5) and the
definition of Member Nonrecourse Debt Minimum Gain set forth above. This subparagraph is
intended to comply with th.e member n o n recourse debt minimum gain chargeback requirement in
Treasury Regulations Section 1.704-20)(4) and shall be interpreted consistently therewith.
In the event any Member unexpectedly receives any adjustments,
allocations, or distributions described in Treasury Regulations Sections 1.704-1(b)(2)0)(d) 4 ,
(5), or (6), items of Company income and gain (consisting of a pro rata portion of each item of
Company income, including gross income, and gain for such year) shall be allocated to such
Member in an amount and manner sufficient to eliminate, to the extent required by the Treasury
el
Regulations, any deficit in such Member's Adjusted Capital Account created by such
adjustments, allocations or distributions as quickly as possible.
(g) In the event any Member has a deficit in its Adjusted Capital Account at
the end of any Fiscal Year, each such Member shall be allocated items of Company gross income
and gain, in the amount of such Adjusted Capital Account deficit, as quickly as possible.
(h) When allocating Profit or Loss under Section 7.1. such allocations shall be
made so as to offset any prior allocations of gross income under subparagraph((g) above to the
greatest extent possible so that overall allocations of Profit or Loss shall be made as if no such
allocations of gross income occurred.
(i) The allocations in this Section 7.2 to the extent they apply shall be made
before the allocations of Profit or Loss under Section 7.1, and in the order in which they appear
above.
(I) To the extent an adjustment to the adjusted tax basis of any Company asset
pursuant to Code Section 734(b) or Code Section 743(b) is required, pursuant to Treasury
Regulations Section 1.704- l (b)O(iv)(m), to be taken into account in determining Capital
Accounts, the amount of such adjustment to the Capital Accounts shalt be treated as an item of
gain (if the adjustment increases the basis of the asset) or loss (if the adjustment decreases such
basis), and such gain or loss shall be specially allocated to the Members in a manner consistent
with the manner in which their Capital Accounts are required to be adjusted pursuant to such
Section of the Regulations.
7.3 Inco e Tax Allocations.
(a) Except as otherwise provided in this paragraph or as otherwise required by
the Code and the rules and Treasury Regulations promulgated thereunder, a Member's
distributive share of Company income, gain, loss, deduction, or credit for income tax purposes
shall be the same as is entered in the Member's Capital Account pursuant to this Agreement.
(b) In accordance with. Code Section 704(c) and the Treasury Regulations
thereunder, in the event the Adjusted Asset Value of any Company asset is adjusted pursuant to
the terms of this Agreement, subsequent allocations of income, gain, loss and deduction with
respect to such asset shall, solely for tax purposes, be allocated among the Members so as to take
account of anyvariation between the adjusted basis of such asset for federal income tax purposes
and its Adjusted Asset Value utilizing the traditional allocation method as provided in the
Treasury Regulations promulgated under Code Section 704(c).
ARTICLE
SALARIES AND EXPENSES
8.1 Compensation for the Manager. Unless otherwise determined by Supennajority
Actions, the Manager shall not receive compensation for services rendered to the Company.
8.2 Expense Reimbursement. The Manager shall be reimbursed by the Company
for reasonable expenses incurred on behalf of the Company.
ARTICLE
DISTRIBUTIONS TO AND WITHDRAWALS By MEMBERS
9.1 Interest on Capital Accounts. No interest shall be paid to any Member on
account of its interest in, or Capital Contributions to, the Company.
9.. Withdrawals by Members. Except as provided herein., no Member may
withdraw any amount from such Member's Capital Account without the prior written consent of
the Manager.
9.3 Tax Distributions. To the extent that, on or before March 15 of any year, the
Company has Distributable Funds, the Company shall distribute to the Members the amount, if
any, by which (i) the amount of income tax on the amount of emulative net taxable income
allocated to the Members for all prior years, determined at the highest federal and Colorado
income tax rates payable by an individual, would exceed (ii[) the aggregate amount previously
distributed to the Members pursuant to this Section 9.3 with respect to that tax year and all prior
years (the "Tax tribu o "). The Tax Distribution shall be allocated among the Members pro
rata in accordance with their allocable share of Profits for the tax ab l e year.
9.4 Additional Distributions. Subject to Sections 4.2(n, 9.3, 9. 5, and 6.3, the
Company shall distribute Distributable Funds in the following order of priority:
(a) First to the Members in accordance with relative Capital Accounts until
cumulative distributions made pursuant to this Section 9.4(a) equal such Members' Capital
Accounts; and
(b) Second, among the Members pro rata in accordance with their Units.
9.5 Limits on Distributions. A Member may not receive a distribution from the
Company to the extent that, after giving effect to the distribution, all of the liabilities of the
Company, other than liabilities to Members on accountof their Units and liabilities for which the
recourse of creditors is limited to specified property of the Company, would exceed the lair value
of the assets of the Company; provided, however, that the fair value of property that is subject to
a liability for which the recourse of creditors is limited shallbe included in the assets of the
Company only to the extent that the fair value of that property exceeds that liability.
ARTICLE 10
DISSOLUTION OF COMPANY
10.1 Termination of the Company. The Company shall be dissolved upon the
occurrence of the following events: (a) upon the Supermajority Action or (b) upon the entry of a
decree of judicial dissolution under the Act.
10.2 Dissolution Procedures. Upon dissolution of the Company as set forth in
Section 10.E:
(a) The affairs of the Company shall be wound up and terminated under the
direction of the Manager. All matters relating to the liquidation of the Company shall be
determined by the Manager.
(b) The proceeds of liquidation shall be distributed by the Company in
payment of its liabilities in the following order:
0)
01)
Capital Accounts.
First, to creditors, in the order of priority established by law; and
Second, among the Members pro rata in accordance with their
ARTICLE i
REPORTS AND FINANCIAL ACCOUNTING
11.1 Books and Records; Operating Budget; Reports.
(a) The Company shall keep at the principal office of the Company,. (1) true
and full information regarding the status of the business and financial condition of the Company,
including financial statements; (ii) a current list of the full name and last known business,
residence or mailing address of each Member; (iii) a copy of this Agreement and Articles of
organization and all amendments thereto and restatements thereof, together with executed copies
of any written powers of attorney pursuant to which. this Agreement and any certificate and all
amendments thereto and restatements thereof have been executed; and (iv) copies of the
Company's federal, state and local income tax returns and reports, if any. Such records are
subject to inspection and copying at the reasonable request, and at the expense, of any Member
during ordinary business hours.
(b) The Manager will prepare and distribute to the Members financial
statements on a semi-annual basis, together with a commentary on the performance of the
Company, provided that such commentary will be based on and limited to the then current
information available to the Manager. The "financial statements" shall include a balance sheet,
an income statement and a statement of cash flows for the applicable date or period.
11.2 Annual Reports. The Company, shall make reasonable efforts to transmit, within
sixty (60) days of close of the applicable Fiscal Year, to each current Member and to each person
(or such Member's or person's legal representative) who was a Member during any part of the
Fiscal Year in question a Schedule KA showing such Member's taxable income from the
Company for such Fiscal Year, The Manager may, in its sole discretion, cause the financial
statements ents of the Company to be audited.
11.3 Tax Matters Member. For any period in which the Company is subject to the
so-called "TEFRA partnership" provisions of the Code or any comparable provision of state law,
the Company's tax matters member under the Code and under any comparable provision of state
law (the "Tax Matters .member") shall be designated from time to time by the Manager.
ARTICLE 12
AMENDMENT
12.1 Amendment. This Agreement may be amended by the written consent of all
Members.
ARTICLE 13
OTHER PROVISIONS
13.1 Loans. Members may make loans to the Company, and the Company may make
loans to Members, upon such terms and conditions as the Manager may determine with
Superrnajority Action.
13.2 Notice. All notices given hereunder shall be in writing. Any notice herein
required to be given shall be deemed to have been given (4) when delivered if by hand, (II) three
(3) business days after deposited in any United States mailbox, if addressed to the Company, at
the address set forth in Section 2.3, and if addressed to a Member, at such Member's address
listed on Exhibit A hereto, and sent certified or registered mail, first-class postage prepaid,
(iii) upon confirmed delivery by overnight commercial courier service, or (iv) if transmitted by
facsimile or electronic mail, upon receipt of electronic confirmation of successful transmission,
and provided a hard copy is subsequently delivered or sent to recipient.
13.3 Counterparts. This Agreement may be executed in more than one counterpart
with the same effect as if the Members executing the several counterparts had all executed one
counterpart.
13.4 Binding Agreement, This Agreement shall be binding on the assignees and legal
successors of the Members, and shall be governed by, and construed in accordance with the laws
of the State of Colorado as applied to contracts between Colorado residents entered into and to
be performed entirely within Colorado.
13..E Entire Agreement; Captions. This Agreement constitutes the entire agreement
of the parties and supersedes all prior written and verbal agreements among the Members and the
Manager with respect to the Company, except as may be further set forth in any employment
agreement between the Company and the Manager, Descriptive titles are used herein for
convenience only and shall not be considered in the interpretation of this Agreement.
13.6 Company Name. The Company shall have the exclusive ownership and right to
use the Company name as long as the Company is in existence. No v al ue shall be placed upon
the name or the goodwill attached thereto for the purpose of determining the value of any
Member's Capital Account or Units,
13.7 Indemnification. To the fullest extent permitted tinder the Act or other
applicable law:
(a) The Company agrees to indemnify, out of the assets of the Company only,
the Manager, the Members, the Tax Matters Member and their agents to the fullest extent
permitted by law and to save and hold them harmless from and in respect of all (i) reasonable
fees, costs, and expenses paid in connection with or resulting from any claim, action, or demand
against the Manager, the Members, the Tax Matters Member, the Company, or their agents that
arise out of or in any way relate to the Company, its properties" business, or affairs and (ii) such
claims, actions, and demands and any losses or damages resulting from such claims, actions, and
demands, including amounts paid in settlement or compromi.se (if reasonably recommended by
attorneys for the Company) of any such claim, action or demand; ,round d, ho e c r, that this
indemnity shall not extend to conduct or inaction not undertaken in good faith nor to any
intentional wrongdoing. A Member shall be indemnified pursuant to this paragraph to the extent
of any action or inaction taken on behalf of the Company prior to the date of such. Member's
ceasing to be a Member of the Company.
(b) Expenses (including attorneys' fees) incurred by indemnified person in
defending any civil, criminal, administrative or investigative action, suit or proceeding shall be
paid by the Company in advance of the final disposition of such action,, suit or proceeding upon
receipt of an undertaking by or on behalf of such indemnified person to repay such amount if it
shall ultimately be determined that such person is not entitled to be indemnified by the Company
as authorized in this section.
(c) Notwithstanding the foregoing provisions of this Section 13.7, the
Company shall be under no obligation to indemnify an indemnified person from and against any
reduction in the value of such person's interest in the Company that is attributable to losses,
expenses, damages or injuries suffered by the Company or to any other decline in the value of
the Company's assets.
(d) The indemnification provided by this Section 13.7 shall not be deemed to
be exclusive of any other rights to which any indemnified person may be entitled under any
agreement, as a matter of law, in equity or otherwise.
13.8 Confidentiality. Each party hereto shall hold in strict confidence and shall not
disclose or use, directly or indirectly, the terms of this Agreement or any information such party
receives regarding the Company or any of its affiliates, except for disclosures compelled by law
or to advisors or representatives of such per, provided such recipients have a need for such
information and agree to be bound by the terms of this Section 13.8. The preceding sentence
shall not limit disclosure of the tax structure or tax treatment of the acquisition of a Unit in the
Company
13.9 Contribution on Agreement. In the event the Members are required to jointly and
severally guaranty any obligation or debt of the Company ("Guaranty Obligation"), the Members
hereby agree that each Member shall be responsible for only the pro rata portion of the
outstanding Guaranty Obligation that is equal to the number of Units held by such Member
divided by all issued and outstanding Units ("Pro Rata Responsibility"). In the event any
Member ("Overpaying Member") is required to pay or otherwise satisfy more than his or her Pro
-20-
Rata Responsibility of a Guaranty obligation. each other Member that has not satisfied his or her
Pro Rata Responsibility rUnderpaying ember") hereby agrees to pay and contribute to such
Overpaying Member or Members, all amounts necessary to ensure that no Member has paid
more than his or her Pro Rata Responsibility of such Guaranty Obligation, and such Underpaying
Member or Members shall indemnify and hold harmless each overpaying Member against any
costs, expenses (including reasonable attorneys" fees), damages, liabilities or losses incurred in
connection with the enforcement of the foregoing.
13.10 Representations of Members. Each Member by its execution below hereby
represents, warrants and covenants that:
(a) such Member is purchasing Units for investment only and not with a view
to the distribution thereof;
(b) such Member understands that the Units will be issued without registration
with the Securities and Exchange Commission ("SEC") under the Securities Act of 1933, as
amended (the "Securities Act"), ), and that it will be issued under one or more exemptions from
registration under the Securities Act and applicable state securities laws that depend upon the
intent hereby represented and that the Company will rely on such representation in issuing the
Units without registration;
c such Member will make no transfer of the Units acquired hereunder in
violation of the Securities Act, any rules of the SEC, any applicable state securities law or statute
or this Agreement, and will not offer, sell, mortgage, pledge or otherwise dispose of the Units
acquired hereunder, unless, in the opinion of counsel for the Company, registration under
applicable federal or state securities laws is not required;
(d) such Member understands that the Units is are an illiquid investment, which
means that (I) such Member must bear the economic risk of the Units for an indefinite period of
time since the Units have not been registered under the Securities Act nor under any state
securities laws and cannot be resold unless either subsequently registered under the Securities
Act and under applicable state securities laws (which registrations are neither contemplated by
nor required of the Company) or exempt from such registrations; and (ii) there is no established
market for the Units, and it is not anticipated that any market f o r the Units will develop in the
future;
(e) such. Member represents that neither the financial performance of the
Company nor the value of its assets has been represented, guaranteed or warranted to the
undersigned by the Company or its agents, officers, managers or employees, or by any other
person, expressly or by implication;
to such Member's best knowledge, no person is receiving or is entitled to
receive any fee, commission or other compensation with respect to his acquisition of the Units;
(g) such Member is an "accredited investor" within the meaning of
Rule 501(a)(1) under the Securities Act, and/or such Member has such knowledge and
experience in financial and business matters that it is capable of evaluating the merits and risks
of purchasing the Units, and has no need for liquidity and is able to bear the ec nor is risk of the
Units;
(h) such Member understands that the resale, pledge, hypothecation or other
transfer of the Units is restricted by the Agreement; and
(I) such Member is a citizen and resident of the United States
IN WITNESS WHEREOF, the parties hereto have executed this OPERATING AGREEMENT of
SUNSET INDUSTRIAL, LLC as of the date first above written.
MEMBERS:
Chris Leone, J-2 Real Estate
ic<-
hare= Brown -2 ' al Estate
Ryan McConnell
Operating Agreement
Signature Page
EXHIBIT A
SCHEDULE OF MEMBERS AS OF APRIL 4T112022
MEMBERS
ORIGINAL
TOTAL
CONTRIBUTIONS
CAPITAL
CAPITAL
CONTRIBUTION
L
REQUIRED
UN
ITS
_ NAME
liar AND
ADDRESS
7667 Units
$766,700
$2,300,100
.1-2 Real Estate
105 Coronado Ct. Unit
Fort Coffins, CO 80525
A--101
Ryan McConnell
8402 Dome
Fort Collins,
Court
CO80525
1000 Units
$100,000
$300,000
Mike Sturdy
1000
Units
$100,000
$300,000
20191 Leola Way
Eaton, CO80615
Carol
3029
Shima
Michigan FL
333
Units
$33,300
$99,900
Loveland, CO80538
10,000
Units
$1,000,000
$3,000,000
TOTAL
1507 E 8t" Street, Greeley, CO 80631
Resubdivision Questionnaire Responses
1. Explain how the Resubdivision complies with the recorded subdivision plat and all codes,
covenants and restrictions associated with the subdivision.
The property is not within a recorded subdivision plat and no changes to the lot/property boundary are
proposed.
2. Explain the reason for the Resubdivision request.
The request is for the purpose of vacating rights -of -way apparently located on the lot/property.
3. Explain the reason of the proposed layout.
No changes to the existing lot/property boundary are proposed.
4. Describe the existing and proposed uses of the property.
The existing use of the property is vacant land with residential houses and associated out buildings
and storage structures. The proposed use is an RV storage facility on the northern portion of the
property, and vacant land on the southern portion of the property. A separate site plan application for
the RV storage facility on the northern portion of the property is currently under review by the County
that includes the details of the proposed RV storage facility.
5. Describe the existing and proposed potable water source.
The existing and proposed potable water source is from a North Weld County Water District water tap,
account number 2184003.
6. Describe the existing and proposed sewage disposal system.
The existing sewage disposal system for the house that will remain on the site is an onsite wastewater
treatment system that does not have a current permit. A new system is in the process of being
designed for this structure and a permit for the system will be applied for when the design is complete.
7. Describe existing and proposed improvements.
There are existing residential houses and associated out buildings and storage structures on the site.
A single residential house will remain on the site to serve as night caretaker's quarters for the RV
storage facility proposed for the northern portion of the site. The RV storage facility will include a gravel
parking surface, fencing around the parking area, underground septic tanks for users to empty sewage
waste into, and a water quality/stormwater detention facility. The access road located along the west
boundary of the site will be extended north to the proposed RV storage facility.
8. Describe the existing and proposed access to the site.
The existing accesses to the site are in the southwest corner of the site and on the south side of the
site. Both accesses are gravel roads that access E 8th Street. No changes to the accesses are
proposed.
J&T Consulting, Inc. Sunset Industrial, LLC — 1507 E Stn Street Resubdivision
1
1507 E 8t" Street, Greeley, CO 80631
Resubdivision Questionnaire Responses
9. Describe any existing and proposed drainage, access and/or utility easements and rights -of -way.
There are apparent rights -of -way that cross the site east to west, and along the east boundary of the
site, per the map of Union Colony Book 2, Page 41. These rights -of -way are proposed to be vacated.
There is also a 20 -foot wide pipeline easement (Reception Number 3119391) located on the west
boundary of the property. No changes to this easement are proposed however the easement is not
being used as the pipeline that it was put in place for has been abandoned.
10. Describe the current irrigation practices occurring on the site.
There are no irrigation activities occurring on the site.
11. Describe the unique physical characteristics of the property, including, but not limited to,
topography, water bodies, CRP lands, vegetation, floodplains, geohazard areas, MS4 and airport
overlay district.
The northern portion of the site is an elevated bench that is vacant land with sparse dryland grass
vegetative cover. The southern portion of the site is lower in elevation, and is also vacant land with
dryland grass vegetative cover. There are no water bodies on the site, and the site does not lie within
and CRP lands, geohazard, or MS4 areas. The site lies within the Greeley -Weld County Airport overlay
district, and a part of the southern portion of the site lies within the Cache La Poudre River Zone AE
floodplain.
12. Detail the location of any on -site oil and gas facilities, irrigation ditches/laterals, pipelines,
overhead lines, railroads, etc. Provide the names and addresses of any owner or operator of any
oil and gas facilities, irrigation ditches/laterals, pipelines, overhead lines, railroads, etc.
There is an abandoned oil/gas well in the southwest portion of the property, and an abandoned oil/gas
well in the southeast portion of the property. There is an abandoned oil/gas pipeline that runs east to
west across the property from the abandoned oil/gas well in the southeast portion of the property.
No irrigation ditches/laterals are on the property.
There is a potable water line running adjacent to the west property line, and then to the northeast to
an existing residential home.
There are power poles and overhead lines running along the west property line, and then to the
northeast through the site to residential houses within the property.
There is a telephone line running along the west property line, and then to the northeast to a residential
home.
The following are the names and addresses of owners and operators of utilities within the site:
North Weld County Water District (water lines)
PO Box 56
32825 CR 29
Lucerne, CO 80646
J&T Consulting, Inc. Sunset Industrial, LLC — 1507 E Stn Street Resubdivision
2
1507 E 8t" Street, Greeley, CO 80631
Resubdivision Questionnaire Responses
Extraction Oil & Gas, Inc (plugged and abandoned oil/gas well)
370 17t" Street Suite 5300
Denver, CO 80211
Kerr McGee Oil & Gas Onshore LP (plugged and abandoned oil/gas well)
PO Box 173779
Denver, CO 80217-3779
DCP Operating Company, LP (abandoned oil/gas pipeline)
3026 4t" Avenue
Greeley, CO 80631
Centurylink (Telephone)
1919 65t" Avenue
Greeley, CO 80634
Xcel Energy (power lines)
1123 W 3rd Avenue
Denver, CO 80223
J&T Consulting, Inc. Sunset Industrial, LLC — 1507 E Stn Street Resubdivision
3
Weld County Treasurer
Statement of Taxes Due
Account Number 82581503
Assessed To
Parcel 096103300067
FAIRMEADOWS LIQUIDATION TRUST
C/O SCOTT L DAVIS
7448 SUGAR MAPLE CT
CASTLE PINES. CO 80108-8246
Legal Description
Sites Address
PT W2 3 5 65 BEG S01 D28'W 2813 2' OF N4 COR SEC N43D11'W 224 5'1\160O30'W 425' N04D38'E 54.3' N60D48'W 290' N0D52'E 1507 E 8TH ST WELD
178' N60D 15'W 87 9' N87D 12'W 75' $62D04'W 47.9' N87D39'W 176.9' S77D53'W 119 6' N75D06'W 61 9' N88D20'W 641 22' TH S TO
N LN 8TH ST OR HWY 263 TH SELY 1950' M/L TH N TO BEG EXC 1 9A DEE Additional legal on File
Year Tax
Interest Fees
Payments
Balance
Tax Charge
2021 _ $3,596.90
Total Tax Charge
$0.00 $0.00
($3,596.90)
$0.00
$0.00
Grand Total Due as of 10/10/2022
$0.00
r
Tax Billed at 2021 Rates for Tax Area 0685 - 0685
Authority
WELD COUNTY
SCHOOL DIST #6
NORTHERN COLORADO WATER
(NC
WESTERN HILLS FIRE
AIMS JUNIOR COLLEGE
HIGH PLAINS LIBRARY
WEST GREELEY CONSERVATION
Taxes Billed 2021
* Credit Levy
Mill Levy
15.0380000*
50.5960000
1.0000000
10.0850000
6.3420000
3.1970000
0.4140000
Amount
$624.08
$2,099.74
$41.50
$418.53
$263.19
$132.68
$17.18
86.6720000
$3,596.90
Values
AG -FLOOD
1RRRIGATED LAND
AG -GRAZING LAND
FARM/RANCH
RESIDENCE -IMPS
OTHER BLDGS.-
AGRICULTURAL
Actual Assessed
$23,175 $6,720
$524 $150
$368,541 $26,350
$28,560 $8,280
Total $420,800
ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE
LIENHOLDER OR TO ADVERTISING AND DISTRAINT WARRANT FEES
$41,500
CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE CONTACTED PRIOR TO REMITTANCE AFTER THE
FOLLOWING DATES: PERSONAL PROPERTY, REAL PROPERTY, AND MOBILE HOMES - AUGUST 1.
TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIER'S CHECK.
Weld County Treasurer's Office
1400 N 17th Avenue
PO Box 458
Greeley, CO 80632
Phone: 970-400-3290
Pursuant to the Weld County Subdivision Ordinance, the attached Statement of Taxes Due
issued by the Weld County Tr=ea_ rer are evidence that as of this date, all current and prior year
tax s-rel _ed to this parcel have been paid in full.
Date: 441)
r
1400 N. 17th Avenue, Greeley, CO 80631. PO Box 458, Greeley, CO 80632. (970) 400-3290 Page 1 of 1
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