HomeMy WebLinkAbout20250756.tiffUSE BY SPECIAL REVIEW (USR) APPLICATION
FOR PLANNING DEPARTMENT USE:
AMOUNT $
APPLICATION RECEIVED BY
DATE RECEIVED:
CASE # ASSIGNED:
PLANNER ASSIGNED:
PROPERTY INFORMATION
Is the property currently in violation? No /Yes Violation Case Number:
Parcel Number: 1 4 6 9
1 9 _ 3 _ 0 0 _ 0 6 7
Site Address: 6045 County Road 6, Brighton, CO 80603
Legal Description: see attached.
Section: 19
Township 01 N, Range 67
W Zoning District: A Acreage: 3829
Within subdivision or townsite? 12 No / Yes Name:
Water (well permit # or water district tap #): Central Weld County Water District #1944
Sewer (On -site wastewater treatment system permit # or sewer account #): Septic Permit #SP -1900111
Floodplain No / Yes Geological Hazard No / rfres Airport Overlay el No / [Yes
PROJECT
USR Use being applied for: Residential Therapeutic Center
Name of proposed business: Countryside Chateau Assisted Living
PROPERTY OWNER(S) (Attach additional sheets if necessary.)
Name: 6045 County Road 6 Trust
Company:
Phone #: 303-451-5131 Email: jordangutierrez@me.com
Street Address: 6045 County Road 6
City/State/Zip Code: Brighton, CO 80603
APPLICANT/AUTHORIZED AGENT (Authorization Fora must be included if there is an Authorized Agent)
Name: Mimi Eforance
Company:
Phone #: 0:970-314-2903, c:303-887-3447 Email: mimifiorance@gmaii.com
Street Address: 313 Country Club Park Road
City/State/Zip Code: Grand Junction, CO 81507
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. All fee owners of the property
must sign this application. If an Authorized Agent signs, an Authorization Form signed by all fee owners must be
included with the application. If the fee owner is a corporation, evidence must be included indicating the signatory has
the leauthority to sir for the corporation.
,
— '" W
2-3'
Signa`fure
Mimi Florahce
Print
Date
Signature Date
Print
07/22 9
Legal Description -- 6945 County Rd 6, Brighton, CO 84603
PT S2SW4 19-1-67 LYING WLY OF CAL OF ABDN TRACK OF BOULDER BRANCH OF UPRR LYING SLY OF A
STRIP OF LAND 60' WIDE FOR THE EAST BRANCH OF THE BULL CANAL BEG SW COR SEC 19 WLY OF SW4
N0D29'W 1081.45' TO A POINT ON SLY LN STRIP OF LAND 60' WIDE FOR THE E BRANCH OF THE BULL
CANAL SLY LN 35' OR EXTENDING 35' TO RIGHT CAL OF E BRANCH OF BULL CANAL ELY ALONG SLY LN OF E
BRANCH OF BULL CANAL N73D46'E 42.30' N84D46'E 119.69' N84D01'E 708.38' CAL OF ABND TRACK OF
BOULDER BRANCH OF UPRR SELY ALONG COL CURVE EAST 233.61' RADIUS= 2864.93' CHORD=S49D38'E
233.55' S47D17'E 1257.06' CURIAE WEST 249.38' RADIUS= 5729.65 CHORD S48D32'E 249.36' S89D45'W
2143.75' TO POB (1.48R)
Omer Signature
Address.
I, (We), �
50 V I ti et v" AUTHORIZATION FORM
tea
(Owner — please print)
DEPARTMENTS OF PLANNING
BUILDING, DEVELOPMENT REVIEW
AND ENVIRONMENTAL HEALTH
14402 NORTH 17TH AVENUE
PO BOX 758
REELEr CO 80632
give permission t ie\i c) re 11
(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 pare number) below:
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Legal Description] c. a' ache
SubdivisionName-,
of Section � , Township _ � C. N, Range
Props Owners Information:
Address: o c t_.3 se/ .,
Phone: 3 O D self .113/
Authorized Agent/Applicant Contact Information:
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Lot Block
uriCrroz CA-) ite\ili•sa •
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170 ' ' in /int�� i � f� � C � Marl e 001
Correspondence to be seat to; Owner Autho.rzed Agent/Applicant JEL by: RAaef_ Email
Additional Info:
I (We) hereby remit , under malty of perjury and after carefully reading the entire contents of this
document, t, that the information stated above is true and correct to the best of my (our) knowledge.
,O"i", Date i � Iktit
- -
Owner Signature
Date
Subscribed and sworn to before me this 1 47 day of � �_Tt'��.�Q.� ..�_ _, 20 �,� by
`3--' tAt •
My commission expires
ANTUJUANA BOSTON JONES
NOTARY RUsLiO
STATE OF COLORADO
NOTARY ID 242 4015833
lY,OOMMISSION EXPIRES APRIL 22.2.025
DocuSign Envelope ID: 89752500-AC91-42F1-B62F-7D37FB60C7DC
Jordan Gutierrez,
6045 County Road 6
Brighton, Colorado 80603
Re: Resignation as Trustee of the 6045 County Rd 6 Trust
Dear Jordan,
This letter dated 10/18/2023
serves as official notice of my resignation as Trustee
under the 6045 County Rd 6 Trust, dated June 30, 2023.
Pursuant to Paragraph 13 of said Trust Agreement, my resignation will be effective immediately
and Jordan J. Gutierrez as successor trustee under said trust agreement shall become the Trustee
of the 6045 County Rd 6 Trust. If Jordan J. Gutierrez is unwilling or unable to serve, you as the
current Beneficiaries may appoint an individual or corporate fiduciary as successor Trustee.
Such action must be taken with the majority consent of all of the Beneficiaries of said Trust
Agreement.
Consistent with my resignation, I, as Trustee, will convey to such successor trustee, so
appointed, all the rights, title and interests in and to all of the real estate held by me as Trustee
under said Trust Agreement.
Sincerely,
cDocuSigned by:
L-60BS5800A7A7 QB...
Carter Coons, Esq. Trustee
DocuSign Envelope ID: 89752500-AC91-42F1-B62F-7D37FB60C7DC
Acceptance as Trustee of
The 6045 County Rd 6 Trust
By my signature below, I, Jordan J. Gutierrez, accept and shall serve as Trustee under
that certain trust agreement known as the 6045 County Rd 6 Trust, dated June 30, 2023
and will perform the tasks or transact business by and on behalf of the Trust, or to see to
it that such tasks are performed for the Trust as is required under such agreement.
IN WITNESS WHEREOF, I, Jordan J. Gutierrez, have executed this instrument hereto,
as of the day and year set forth below.
Dated
10/18/2023
•DocuSigned by:
8.6F-DD0-DC-16483---
Jordan J. Gutierrez, Trustee
Acceptance of Trustee
ocuSign
Certificate Of Completion
Envelope Id: 89752500AC9142F1 B62F7D37FB60C7DC
Subject: Anderson Business Advisors, PLLC -- Trustee Resignation Letter for 6045 County Rd 6 Trust
Source Envelope:
Document Pages: 2 Signatures: 2
Certificate Pages: 5 Initials: 0
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
Status: Completed
Envelope Originator:
Your Anderson Team
3225 Mcleod Drive
Las Vegas, NV 89121
myteam@andersonadvisors.com
IP Address: 74.112.186.123
Record Tracking
Status: Original
10/17/2023 1:21:14 PM
Holder: Your Anderson Team
myteam@andersonadvisors.com
Location: DocuSign
Signer Events
S ignature
Timestamp
Carter Coons
carter.coons@andersonadvisors.com
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Jordan Gutierrez
jordangutierrez@me.com
ownerowner/manager
Skyview Investments LLC
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted: 1/26/2022 11:04:56 AM
D: b58d8fee-b5aa-4898-8720-1 eaada41299c
▪ DocuSigned by:
\60 B 35856A7A74 63...
Signature Adoption: Drawn on Device
Using IP Address: 50.238.237.214
c—DocuSigned by:
\--- C86FDD0D5C16483...
Signature Adoption: Drawn on Device
Using IP Address: 72.42.65.166
Sent: 10/17/2023 1:21:15 PM
Viewed: 10/18/2023 3:00:17 PM
Signed: 10/18/2023 3:00:23 PM
Sent: 10/18/2023 3:00:24 PM
Viewed: 10/18/2023 7:29:10 PM
Signed: 10/18/2023 7:29:50 PM
In Person Signer Events
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Timestamp
Editor Delivery Events
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Timestamp
Agent Delivery Events
Status
Timestamp
Intermediary Delivery Events
Status
Timestamp
Certified Delivery Events
Status
Timestamp
Carbon Copy Events
Status
Timestamp
Justin Mccord
jmccord@andersonadvisors.com
Land Trust and Deed Processor
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
COPIED
Sent: 10/17/2023 1:21:14 PM
Viewed: 10/17/2023 1:21:14 PM
Signed: 10/17/2023 1:21:14 PM
Witness Events
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Completed
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Electronic Record and Signature Disclosure
Timestam ps
10/17/2023 1:21:15 PM
10/18/2023 7:29:10 PM
10/18/2023 7:29:50 PM
10/18/2023 7:29:50 PM
Timestamps
Electronic Record and Signature Disclosure created on: 11/19/2018 2:13:49 PM
Parties agreed to: Jordan Gutierrez
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DocuSign Envelope ID: DC46F51 E-6DCE-4715-8C97-1413E8B79799
July 06, 2022
Jordan Gutierrez
6045 County Road 6
Brighton, CO 80603
Re: 6045 County Road 6, LLC
Enclosed you will find your new Limited Liability Company Operating Agreement for 6045 County
Road 6, LLC. This entity was created as part of your Unlimited LLC Package.
LLCs are required to file a periodic report with the Secretary of State during the anniversary month
of the LLC's original formation.
If you have any questions regarding this company, do not hesitate to contact us at your convenience.
Yours Truly,
Anderson Business Advisors
DocuSign Envelope ID: DC46F51 E-6DCE-4715-8C97-1413E8B79799
Entity Formation Information
State of Formation:
Date of Formation:
Business Address:
Registered Agent:
Colorado
July 06, 2022
3225 McLeod Dr, Suite 100 Las Vegas, NV 89121
Anderson Registered Agents
121 South Tejon Street, Suite 900, Colorado Springs, CO 80903
Ownership and Management Information
Member(s)
Dante Paz, LLC
Entity Tax Information
EIN #:
Tax Status:
Tax Year End:
Tax Return Form:
Return Due Date:
Ownership
100%
88-3112365
Disregarded Entity
December 31, 2022
Will not file a return. All income or loss is reported on the LLC
member's tax return.
No tax return is due for this entity.
6045 County Road 6, LLC
DocuSign Envelope ID: DC46F51 E-6DCE-4715-8C97-1413E8B79799
LEASE AGREEMENT BETWEEN
BUSINESS OFFICE SUITE SERVICES, INC. (LANDLORD)
AND
6045 County Road 6, LLC (TENANT)
Date July 06, 2022
Business Office Suite Services, Inc. (also known as B.O.S.S. Business Services),
LESSOR (hereinafter "Landlord"),
-and-
6045 County Road 6, LLC
LESSEE (hereinafter "Tenant") .
WITNESSETH:
WHEREAS, Landlord is the occupant of a building located at 3225 McLeod Drive, Suite 100, Las
Vegas, Nevada, 89121, in the County of Clark (the "Building");
WHEREAS, Landlord desires to lease to Tenant and Tenant desires to lease from Landlord an area
located in the Building known as the conference room (the "Premises") upon the terms and conditions
hereinafter set forth;
NOW, THEREFORE, in consideration of the terms, covenants, conditions and provisions hereinafter
set forth and other good and valuable consideration, it is hereby mutually agreed by and between
Landlord and Tenant as follows:
SECTION 1.01 DEMISED PREMISES
a) Landlord hereby leases to Tenant and Tenant hereby leases from Landlord, commercial
premises within the Building, consisting of approximately 225 square feet of floor space located
inside the conference room, plus the temporary use of all fixtures, equipment and property located
therein or thereon the conference room (the "Premises"). Landlord reserves to itself the use of the
roof, exterior walls and the area above and below the Premises together with the right to install,
maintain, use, repair and replace pipes, ducts, conduits, wires and structural elements now or in the
future leading through the Premises and which serve other parts of the Building, except that such
rights shall not materially interfere with Tenant's right to visibility, egress and operations.
6045 County Road 6, LLC
DocuSign Envelope ID: DC46F51 E-6DCE-4715-8C97-1413E8B79799
b) Landlord shall be responsible, at its sole cost, for decorating, fixturizing and equipping the
interior of the Premises, including, without limitation, floor and wall coverings, duct work for
distribution of air conditioning and heating within the Premises, electrical wiring from a panel,
furnishings, decorations, light fixtures and interior doors. Tenant shall not snake any alterations or
additions of any kind.
SECTION 1.02 TERM
This Lease shall be effective as of this . The term of the Lease (the "Lease Term") and payment of Rent
(as defined in Section 1.03 hereof) shall commence (the "Commencement Date") on the same day that
Tenant enters into a service contract with B . O . S . S ., and shall continue for a period of one (1) year
thereafter unless terminated earlier as elsewhere herein provided. This lease shall terminate on a date no
later than the first date that corresponds to the termination of Tenant's service contract with B.O.S . S .
SECTION 1.03 RENT
a) During the Lease Tenn, Tenant shall pay as annual rent for the Premises the sum of Seven
Hundred Ninety -Five Dollars ($795.00 USD) per year (the "Rent"). The Rent shall be due and payable
in advance on the first (1st) day of each year during the Lease Term which corresponds to the first day
of Tenant's service contract with B.O.S.S.
b) All rents and other monies required to be paid by Tenant hereunder shall be paid to Landlord
without deduction or offset, prior notice or demand, in lawful money of the United States of America,
at the mailing address already provided for B .O . S . S ., or at such other place as Landlord may from
time to time designate in writing.
SECTION 1.04 POSSESSION AND USE OF THE PREMISES
Tenant shall, by telephoning Landlord during normal business hours, and reserving the Premises for a
time period when it is unoccupied, be entitled to use of said space for a time period determined by
Landlord. Availability is subject to change and is not guaranteed. Landlord is not responsible for any
losses as a result of cancellation by either party, or for losses resulting from the unavailability of the
Premises.
SECTION 1.05 USE OF PREMISES; NON -EXCLUSIVITY
a) The Premises are leased to Tenant solely for the purpose of Tenant conducting business. Tenant
shall not use or suffer to be used the Premises, or any portion thereof, for any other purpose or
purposes whatsoever, without Landlord's prior written consent, which consent may be withheld in
Landlord's absolute discretion.
6045 County Road 6, LLC
DocuSign Envelope ID: DC46F51 E-6DCE-4715-8C97-1413E8B79799
b) Tenant acknowledges that Landlord may enter into other leases for the Premises with other
lessees. In the event of a controversy between Tenant (or Tenant's agent) and Landlord, Landlord
shall have the sole right to resolve such controversy and such decision shall be binding on all parties
involved. In the event that Tenant fails or refuses to abide by the decision of Landlord, such failure or
refusal shall be deemed a material breach and event of default.
c) Tenant shall not permit or suffer anything to be done, or kept upon the Premises which will
obstruct or interfere with the rights of other occupants of Premises, Landlord or the patrons and
customers or any of them, or which will annoy any of them by reason of unreasonable noise or
otherwise, nor will Tenant commit or permit any nuisance on the Premises or commit or suffer any
immoral or illegal act to be committed thereon. Tenant shall not, without Landlord's prior written
approval:
i. Distribute or place anywhere on Landlord's property any notice,
ii. Do or permit anything to be done in or about the Premises, which will in any way affect fire or
other insurance upon the Building, or any of its contents, or which shall in any way conflict with any
law, ordinance, rule or regulation affecting the occupancy or use of the Premises, or in any way
obstruct or interfere with the rights of any other persons in the Building;
iii. Use the Premises or any portion thereof as living quarters or sleeping quarters
d) Tenant shall, at all times during the Lease Term, comply with all governmental rules, regulations,
ordinances, statutes and laws, now or hereafter in effect pertaining to the Building, the Premises or
Tenant's use thereof.
e) Tenant hereby covenants and agrees that it, its agents, employees, servants, contractors, and
licensees shall abide by any and all reasonable rules and regulations as Landlord may, from time to
time, adopt for the safety, care, and cleanliness of the Premises or the Building.
f) Tenant shall not cause or permit its employees to enter upon those areas of the Building which are
designated "Employees Only" as the parties acknowledge that for the purpose of this Section,
"Employees" refers to the employees of Landlord and not to the employees of Tenant.
SECTION 1.06 ALTERATIONS AND IMPROVEMENTS
a) Tenant shall not make any alterations, improvements or changes ("Improvements") in or to the
Premises.
b) Tenant shall not commence of any construction on the Premises.
6045 County Road 6, LLC
DocuSign Envelope ID: DC46F51 E-6DCE-4715-8C97-1413E8B79799
SECTION 1.07 PARKING AND COMMON AREAS
Tenant, its agents, employees, servants, contractors, customers and business invitees shall have the
non-exclusive right to access and use such common areas of the Building as are designated from time
to time by Landlord, subject to such rules and regulations as Landlord may from time to time impose;
provided, however, that Tenant shall cause its employees to park in those same areas designated as
Employee parking for Employees of Landlord.
SECTION 1.08 TAXES
Landlord shall pay all applicable real property taxes and general and special assessments levied and
assessed against the land, the Building and other improvements of which the Premises are a part.
SECTION 1.09 UTILITIES
Landlord shall pay for all utilities used by the Tenant in the demised premises.
SECTION 1.10 MAINTENANCE AND REPAIRS
a) Landlord agrees to keep in good order, condition and repair the exterior walls, floor and roof of
the Premises, the common areas and the Building, including cleaning, removal of trash, dirt and
debris, sweeping and janitorial services, except for reasonable wear and tear and except for any
damage thereto caused by any act or negligence of Tenant or its agents, employees, servants, business
invitees, or licensees.
b) Landlord shall not be obligated to provide any service or maintenance or to snake any repairs
pursuant to this Lease when such service, maintenance or repair is made necessary because of the
negligence or misuse of Tenant, Tenant's agents, employees, servants, business invitees, or licensees.
c) Landlord shall not be liable for any loss or damage to persons or property sustained by Tenant or
other persons, which may be caused by the Building or the Premises, or any appurtenances thereto,
being out of repair or by bursting or leakage of any water, gas, sewer or steam pipe, or by theft, or by
any act or neglect of any tenant or occupant of the Building, or of any other person.
d) Landlord shall keep and maintain in good order, condition and repair (including any such
replacement and restoration at Landlord's own discretion) the Premises and every part thereof and any
and all appurtenances thereto wherever located. Tenant shall dispose of all trash and garbage in
containers located where designated by Landlord and so as not to be visible or create a nuisance to
guests, customers and business invitees of the Building, and so as not to create or permit any health or
fire hazard. Tenant shall leave the Premises in a clean and orderly condition.
6045 County Road 6, LLC
DocuSign Envelope ID: DC46F51 E-6DCE-4715-8C97-1413E8B79799
SECTION 1.11 FIXTURES, EQUIPMENT OR OTHER PROPERTY
a) Tenant has no claim or ownership to any of the fixtures, equipment or other property within the
Premises.
b) Tenant must remove all of its personal property when leaving Premises. Landlord is not
responsible for any of Tenant's personal property. No bailment is created if Tenant fails to remove
any personal property from Premises.
SECTION 1.12 Insurance
a) Landlord shall not provide for Tenant any public liability insurance nor any commercial property
insurance.
b) Tenant hereby waives any and all rights of recovery from Landlord, its officers, agents and
employees for any loss or damage, including consequential loss or damage, caused by any peril or
perils (including negligent acts).
c) Landlord shall not be responsible for any personal injury which shall be sustained by the Tenant,
its agents, employees, servants, customers and business invitees, or any other person who may be
upon the demised premises or in the said building or the entrances or appurtenances thereto. All risks
of any such injury being assumed by the Tenant, who shall hold the Landlord harmless and
indemnified therefrom.
SECTION 1.13 DESTRUCTION OF PREMISES; CONDEMNATION
a) In the case of the total destruction of the Premises, or any portion thereof or of the Building
substantially interfering with Tenant's use of the Premises not caused by the fault or negligence of
Tenant, its agents, employees, servants, contractors, subtenants, licensees or customers
("Destruction"), this Lease shall terminate. Tenant is not in default hereunder, rent shall not be
refunded to Tenant, and all rights and obligations hereunder shall cease and terminate.
b) Notwithstanding the foregoing provisions, in the event the Premises or any portion thereof shall
be damaged by fire or other casualty due to the fault, negligence or willful misconduct of Tenant, its
agents, employees, servants, contractors, subtenants, licensees, customers or business invitees, then
this Lease shall terminate, the damage shall be repaired by Tenant, and there shall be no
apportionment or abatement of any Rent.
c) Should the whole of the Premises be condemned or taken by a competent authority for any public
or quasi -public purpose, then this Lease shall terminate upon such taking. For the purposes hereof, a
deed in lieu of condemnation shall be deemed a taking.
6045 County Road 6, LLC
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d) If Landlord no longer occupies the Building, then this Lease shall terminate upon Landlord's
vacation of the Building.
SECTION 1.14 ASSIGNMENT AND SUBLETTING
Tenant shall not assign, mortgage, pledge, hypothecate or encumber this Lease nor the leasehold estate
hereby created or any interest herein, or sublet the Premises or any portion thereof, or license the use of
all or any portion of the Premises without the prior written consent of Landlord, which consent may be
withheld in Landlord's sole discretion.
SECTION 1.15 INSOLVENCY AND DEATH
It is understood and agreed that neither this Lease nor any interest herein or hereunder, nor any estate
hereby created in favor of Tenant, shall pass by operation of law under any state of federal insolvency,
bankruptcy or inheritance act, or any similar law now or hereafter in effect, to any trustee, receiver,
assignee for the benefit of creditors, heirs, legatees, devisees, or any other person whomsoever without
the prior written consent of Landlord.
SECTION 1.16 RIGHT OF ACCESS
Landlord and its authorized agents and representatives shall be entitled to immediately enter the
Premises during Tenant's occupation in the case of an emergency and for the purpose of making
repairs to the Premises or the Building and performing any work upon the Premises which Landlord
may elect or be required to make.
SECTION 1.17 DEFAULT
Tenant shall be in default of this Lease if:
Tenant shall fail to make timely and full payment of any sum of money required to be paid hereunder
and such failure continues for ten (10) days after written notice thereof from Landlord; AND/OR
Tenant shall fail to perform any other term, covenant or condition of Tenant contained in this Lease,
and such failure continues for twenty (20) days after written notice thereof from Landlord; provided,
however, that if correction is impossible to correct within twenty (20) days Tenant shall not be deemed
in default if Tenant commences correction within said twenty (20) day period, and diligently pursues
such correction to completion;
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Notwithstanding anything to the contrary contained above, if Tenant shall breach any covenant hereof,
or do or permit, or omit to do, any act or thing, which results in a nuisance or an offensive or illegal
condition, or which causes or threatens serious damage or injury to life, limb or property, or in the
event of a breach of any provision of this lease, then and in any such event, Tenant shall be
automatically in default of this Lease, without any requirement of notice from Landlord, unless
Landlord waives such default, in writing, in Landlord's sole discretion.
In the event of a default, in addition to any other rights or remedies provided for herein or at law or in
equity, Landlord, at its sole option, shall have the following rights:
The right to declare the Lease Term ended, and to terminate all of the rights of Tenant in and to the
Premises;
Any other reasonable amount, and court costs, necessary to compensate Landlord for all detriment
proximately caused by Tenant's default.
In any action brought by Landlord to enforce any of its rights under or arising from this Lease,
Landlord shall be entitled to receive its reasonable costs and legal expenses, including reasonable
attorneys' fees, whether such action is prosecuted to judgment or not.
SECTION 1.18 MISCELLANEOUS
a) Tenant, upon paying the rentals and other payments herein required and upon performance of all
of the terms, covenants and conditions of this Lease on its part to be kept, may quietly have, hold and
enjoy the Premises during the Lease Term without any disturbance from Landlord or from any other
person claiming through Landlord, except as expressly provided otherwise in this Lease.
b) In the event of any sale or exchange of the Premises by Landlord, Landlord shall -be, and is,
hereby relieved of all liability under and all of its covenants and obligations contained in or derived
from this Lease. Tenant agrees to attom to such purchaser or transferee, provided that such purchaser
or transferee agrees to be bound as Landlord under all of the terms and conditions of this Lease. Any
sale of the Building or the Premises by Landlord shall be subject to this Lease.
c) It is agreed that in the event Landlord fails or refuses to perform any of the provisions, covenants
or conditions of thus Lease, Tenant, prior to exercising any right or remedy Tenant may have against
Landlord, shall give written notice to Landlord of such default, specifying in said notice the default
with which Landlord is charged and Landlord shall not be deemed in default if the salve is cured
within twenty (20) days of receipt of said notice. Notwithstanding any other provision hereof, Tenant
agrees that if the default is of such a nature that the same can be rectified or cured by Landlord, but
cannot with reasonable diligence be rectified or cured within that twenty (20) day period, then such
default shall be deemed to be rectified or cured if Landlord within that twenty (20) day period shall
commence the rectification and curing thereof and shall continue thereafter with all due diligence to
cause such rectification and curing to proceed.
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d) Neither party shall be in breach of this Lease if it fails to perform as required hereunder due to
labor disputes, civil commotion, war, warlike operation, sabotage, governmental regulations or
control, fire or other casualty, inability to obtain any materials, or other causes beyond such party's
reasonable control (financial inability excepted); provided, however, that nothing contained herein
shall excuse Tenant from the prompt payment of any rent or charge required of Tenant hereunder.
e) The various rights, options, elections and remedies of Landlord contained in this Lease shall be
cumulative and no one of them shall be construed as exclusive of any other, or of any right, priority or
remedy allowed or provided for by law and not expressly waived in this Lease.
f) The terms, provisions, covenants and conditions contained in this Lease shall apply to, bind and
inure to the benefit of the parties hereto and their respective heirs, executors, administrators, legal
representatives, successors and assigns.
g) If any term, covenant or condition of this Lease, or any application thereof, should be held by a
court of competent jurisdiction to be invalid, void or unenforceable, all terms, covenants and conditions
of this Lease, and all applications thereof, not held invalid, void or unenforceable, shall continue in full
force and effect and shall in no way be affected, impaired or invalidated thereby.
h) Time is of the essence of this Lease and all of the terms, covenants and conditions hereof.
i) This Lease contains the entire agreement between the parties and cannot be changed or terminated
orally.
j) Nothing contained herein shall be deemed to create any partnership, joint venture, agency or other
relationship between Landlord and Tenant other than the relationship of landlord and tenant.
k) The captions are descriptive only and for convenience in reference to this Lease and in no way
whatsoever define, limit or describe the scope or intent of this Lease nor in any way affect this Lease.
1) The laws of the State of Nevada shall govern the validity, construction, performance and effect
of this Lease. Each party hereto consents to, and waives any objection to, Clark County, Nevada, as the
proper and exclusive venue for any disputes arising out of or relating to this Lease or any alleged breach
thereof.
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m) In the event Tenant now or hereafter shall consist of more than one person, firm, corporation or
trust, then and in such event, all such persons, firms, corporations or trusts shall be jointly and
severally liable as Tenant hereunder.
n) The prevailing party in any action regarding this Lease shall be entitled to receive its costs and
legal expenses including reasonable attorneys' fees, whether such action is prosecuted to judgment or
not. The parties hereto shall and they hereby do waive trial by jury in any action, proceeding or
counterclaim brought by either of the parties hereto against the other on any matters whatsoever
arising out of or in any way connected with this Lease, the relationship of Landlord and Tenant,
Tenant's use or occupancy of the Premises, and/or any claim of injury or damage.
o) Unless the context otherwise required, the word "Landlord" and the word "Tenant" wherever used
herein shall be construed to include and shall mean the executors, administrators, successors and/or
assigns of the said Landlord and Tenant, respectively, and when there are two or more Tenants bound
by the same covenants herein contained, their obligations shall be joint and several. "Landlord" shall
also mean and include "Lessor" and "Tenant" shall also mean and include "Lessee."
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IN WITNESS WHEREOF, the parties hereto have executed this Lease the day and year first above -
written.
"Landlord"
Business Office Suite Services, Inc.
A.T. Mathis, President
"Tenant"
6045 County Road 6, LLC
Dante Paz, LLC
TioleocuSigned by:
VaN cutfertzefl
84F-DE)0 D 56x-6483...
7/6/2022
Jordan Gutierrez, Manager Date
6045 County Road 6, LLC
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The Operating Agreement
of
6045 County Road 6, LLC
a Colorado Limited Liability Company
Employer Identification Number 88-3112365
DocuSign Envelope ID: DC46F51 E-6DCE-4715-8C97-1413E8B79799
6045 County Road 6, LLC
Table of Contents
Article One
Section 1.01
Section 1.02
Section 1.03
Section 1.04
Section 1.05
Section 1.06
Section 1.07
Section 1.08
Section 1.09
Article Two
Article Three
Section 3.01
Section 3.02
Article Four
Section 4.01
Section 4.02
Article Five
Section 5.01
Section 5.02
Article Six
Section 6.01
Section 6.02
Section 6.03
Formation of the Company . 1
The Limited Liability Company 1
The Name of the Company . 1
Company to be Treated as a Disregarded Entity . 1
Purpose and Scope of the Company 1
Purpose of Company Restrictions 2
Principal Office of the Company and Location of Records 2
Registered Agent and Registered Office 2
The Term of the Company 2
Venue 2
Tax Matters 3
Membership Interests 3
Percentage Membership Interest Represented by Units 3
Valuation of Membership Interests in the Company 3
Capital Contributions 3
Initial Capital Contributions 3
Prohibition against Mandatory Additional Capital Contributions 3
Allocation and Distributions 4
Allocation of Profits and Losses 4
Distributions to Members 4
Management of the Company 5
Management by Members .. 5
Day -to -Day Management 5
Appointment of Officers 5
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Section 6.04
Section 6.05
Section 6.06
Section 6.07
Section 6.08
Section 6.09
Section 6.10
Section 6.11
Section 6.12
Section 6.13
Article Seven
Section 7.01
Section 7.02
Section 7.03
Section 7.04
Section 7.05
Section 7.06
Section 7.07
Section 7.08
Section 7.09
Article Eight
Section 8.01
Section 8.02
Section 8.03
Section 8.04
Article Nine
Section 9.01
Section 9.02
Non -Liability of Members for Acts or Omissions in Their Managerial
Capacity
Execution of Documents 5
Managing Member as Agent 5
No Authority of Individual Members .. 5
6
Limitations on Rights and Powers 6
Specific Powers 6
Authorization to Execute Certain Instruments 13
Affidavit of Member or Member Principal Authority 13
Creation of Advisory Committee 13
Voting of Controlled Stock 14
The Members .... 14
Names and Addresses of Members 14
Limited Liability of Members 14
Restrictions on Members' Withdrawal Rights 14
Restrictions on Assignees' Withdrawal Rights 15
No Right to Cause Dissolution 15
Waiver of Partition 15
Expulsion of a Member 16
Voting 16
Access to Information 16
Books, Records, and Bank Accounts 17
Books and Records 17
Accounting and Fiscal Year 17
Reports 17
Bank Accounts and Company Funds 18
Admission of Additional Members 18
Admission by Unanimous Consent of Members; Prerequisites 18
Capital Contributions and Fair Market Value 18
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Section 9.03
Article Ten
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
10.01
10.02
10.03
10.04
10.05
10.06
10.07
10.08
10.09
10.10
10.11
10.12
10.13
10.14
Article Eleven
Section 11.01
Section 11.02
Section 11.03
Section 11.04
Section 11.05
Section 11.06
No Admissions in Violation of this Article 18
Transfer of Membership Interests by a Member
Opinion of Counsel
Assignee Interest Transferred
Conditions Required to Become a Substitute Member
Rights of an Assignee
Permitted Transfers
Amendment of Operating Agreement and Articles of
Organization
Disability of a Member
Death of a Member
Terminating Transfers Prohibited
Voting Rights of Transferred Interests
Non -Recognition of an Unauthorized Transfer or Assignment;
Accumulation of Amounts to be Distributed
Creditor Rights; Charging Order Sole Remedy
Company's Unilateral Purchase Option for Interest Acquired Without
Consent
Assignee or Charging Order Holder Assumes Tax Liability
19
19
19
19
20
20
20
21
21
22
22
22
22
22
25
Dissolution and Termination 25
Dissolution of the Company 25
Continuation of the Company 25
Effective Date of Dissolution; Winding Up 25
Liquidation of the Company Property 25
Company Property Sole Source 26
Sale of Company Assets During Term of the Company 26
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Article Twelve General Matters 27
Section 12.01 Successors and Assigns .. 27
Section 12.02 Definitions 27
Section 12.03 Changing the Company's Situs 33
Section 12.04 No Duty to Mail Articles of Organization..33
Section 12.05 General Matters 33
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Securities Law Disclosure
The membership interests or percentages of ownership of 6045 County Road 6, LLC (the "Company")
have not been nor will be registered under the Securities Act of 1933, as amended, (the "Securities Act")
or any other federal securities laws or the securities laws of any state. The membership interests or
percentages of ownership are offered and sold in reliance on exemptions from the registration
requirement of the Securities Act and laws and regulations enacted by the Securities and Exchange
Commission effective April 15, 1982 pertaining to certain offers and sales of securities without
registration under the Securities Act.
The Company will not be subject to the reporting requirements of the Securities Exchange Act of 1934,
as amended, and will not file reports, proxy statements and other information with the Securities and
Exchange Commission, or any state securities commission.
The limited liability company membership interests of the Company may not be offered for sale, sold,
pledged, or otherwise transferred unless registered or qualified under applicable securities laws, or unless
an exemption from registration or qualification exists. The availability of any exemption from
registration or qualification must be established by an opinion of counsel for the owner the interest for
which registration is sought. The opinion of counsel must be reasonably satisfactory to the Company.
No Member may register any interest in the Company under any federal or state securities law
without the express written consent of all Member(s).
The Member(s) understand that some of the restrictions inherent in this form of business, and
specifically set forth in this Agreement, may have an adverse impact on the fair market value of
the Membership Interests if a Member attempts to sell or borrow against the Member's interest
in the Company.
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Operating Agreement
of
6045 County Road 6, LLC
a Colorado Limited Liability Company
Article One
Formation of the Company
Section 1.01 The Limited Liability Company
This Operating Agreement (Agreement) of 6045 County Road 6, LLC, forms and establishes a limited
liability company under the laws of the State of Colorado, and specifically under the Limited Liability
Company Act by filing the Articles of Organization as required under C.R.S. 7-80-204. This Agreement
is made by the Member(s) to provide for the governance and operations of the Company and the rights
and obligations of each Member regarding the Company. Subject to C.R.S. 7-90-304, this Agreement is
effective on the date of the last signature of any party to this Agreement (including any Managers) and
will apply to any Additional Member(s) admitted in accordance with its terms. In consideration of the
mutual promises in this Agreement, the parties to this Agreement agree to be legally bound by its terms.
Section 1.02 The Name of the Company
The name of the Company is 6045 County Road 6, LLC. The Member(s) may change the name of the
Company or operate the Company under different names.
Section 1.03 Company to be Treated as a Disregarded Entity
The Member(s) intends to establish an entity that is treated as a disregarded entity for federal tax
purposes.
Section 1.04 Purpose and Scope of the Company
The purpose of this Company is to acquire, develop, construct, improve, finance, mortgage, hold, lease,
own, operate, manage, refinance and sell or otherwise dispose of real property and to engage in actions
necessary, convenient or incidental to all of the foregoing
In order to accomplish the foregoing purposes, the Company may own, acquire, manage, develop,
operate, buy, sell, exchange, finance, refinance, and otherwise deal with real, personal, tangible, and
intangible property, and any type of business, as the Member(s) may deem from time to time to be in the
best interests of the Company; and
Conduct any lawful business and investment activity permitted under the laws of Colorado and in any
other jurisdiction in which the Company may have business or investment interest in order to accomplish
the foregoing objectives.
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The Company may engage in any other activities that are related or incidental to the foregoing purposes,
as may be determined in the sole and absolute discretion of the Member(s) and/or any purpose lawfully
permitted under the Act.
Section 1.05 Purpose of Company Restrictions
This Company is formed by those who know and trust one another.
Capital is material to the business and investment objectives of the Company and its federal tax status.
An unauthorized transfer of a Member's interest could create a substantial hardship to the Company,
jeopardize its capital base, and adversely affect its tax structure. As a result, there are certain restrictions
expressed in this Agreement that attach to and affect ownership of Membership Interests and the transfer
of those interests. Those restrictions are not intended as a penalty but are intended to protect and preserve
existing relationships based upon trust and to protect the Company's capital and its financial ability to
continue to operate.
Section 1.06 Principal Office of the Company and Location of Records
The street address of the principal office in the United States where the records of the Company are to
be maintained is:
3225 McLeod Dr, Suite 100 Las Vegas, NV 89121
or such other place or places as the Member(s) determine. The records maintained by the Company will
include all records that the Company is required by law to maintain. The Company shall likewise
maintain a records office in any jurisdiction that requires a records office. The Company shall maintain
at each records office all records required by applicable law.
Section 1.07 Registered Agent and Registered Office
The name of the initial Registered Agent of the Company is Anderson Registered Agents and the initial
registered office of the Company is:
121 South Tejon Street, Suite 900, Colorado Springs, CO 80903
Section 1.08 The Term of the Company
The period of duration of the Company will be perpetual. The Company will begin on the date the
Articles of Organization is filed with the Secretary of State of Colorado and will continue until terminated
or dissolved in accordance with the provisions of this Agreement.
Section 1.09 Venue
Venue for any dispute arising under this Operating Agreement or any disputes among any Member(s) or
the Company will be in the county of the Registered Office of the Company.
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Article Two
Tax Matters
If the Company has only one Member, the Company will be classified as a disregarded entity for income
tax purposes unless the Member has elected to classify the Company as an association taxable as a
corporation.
Article Three
Membership Interests
Section 3.01 Percentage Membership Interest Represented by Units
Each Member's Initial Membership Interest is the percentage interest set forth in Exhibit A that is
attached to this Agreement.
The Company shall maintain a correct record of all Members and their Membership Interests together
with amended and revised schedules of ownership caused by changes in the Members and changes in
Membership Interests.
Section 3.02 Valuation of Membership Interests in the Company
For all purposes, the value of the Company as an entity and of Membership Interests shall be their
respective fair market values. Any dispute, contest, or issue of fair market value is to be resolved and
determined by the written appraisal of a qualified person or firm selected by the Member(s).
Article Four
Capital Contributions
Section 4.01 Initial Capital Contributions
Subject to C.R.S. 7-80-501, the Members shall contribute as their initial capital contributions to the
Company all of their right, title and interest in and to the property described in Exhibit A. The Members
agree that the property described in Exhibit A has the fair market value (net of liabilities assumed or
taken subject to by the Company) listed opposite the scheduled property.
The Company shall credit each Member's Interest with an initial contribution equal to the fair market
value of the capital contribution as specified in Exhibit A.
Section 4.02 Prohibition against Mandatory Additional Capital Contributions
The Company may not require Additional Capital Contributions from any Member or Members.
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Article Five
Allocations and Distributions
Section 5.01 Allocation of Profits and Losses
The Company shall allocate all net profits and losses for each calendar year of the Company, to each
Member pro rata in accordance with the Member's respective Membership Interest during the period
over which the profits and losses accrue. For purposes of this section, "profits and losses" include every
item of income, deduction, depreciation, gain, loss, and credit for the calendar year.
Section 5.02
Distributions to Members
The primary intent of the Company is to retain Company funds in amounts determined in the sole and
absolute discretion of the Member(s) to meet the reasonable needs of the business or investments of the
Company and other needs as provided in this Agreement. No Member may demand distributions of any
Company funds or assets.
When any distributions of funds or other Company assets are made, the Company shall satisfy those
distributions as follows:
(a) Distributions of Cash
The Company may make distributions of Company cash to the Members on a pro rata or non pro rata
basis as the Member(s), in their discretion, determine. Distributions may only be made from the cash
reserves that exceed the reasonable working reserves of the Company as determined in the sole
discretion of the Member(s).
Subject to this Agreement and applicable law, distributions of cash will first come from cash from
operations as permitted under this Agreement, then from cash from the liquidation of the Company as
provided in this Agreement.
(b) Distributions in Kind
The Member(s) in their sole and absolute discretion, may make distributions in kind of Company
property to the Members. Prior to any such distribution in kind, the difference between such established
fair market value and the book value of the property to be distributed shall be adjusted by a credit or
charge, as is appropriate, to the Members' Interests. Upon the distribution of such property, such
adjusted value shall be charged to the Interests of the Members receiving such distributions.
(c) No Interest
If a Member does not withdraw all or any portion of the Member's share of any cash distribution made
pursuant to subsection (a), the Member may not receive any interest on that portion of the distribution
not so withdrawn, or on any additional Membership Interest, unless all Members agree.
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Article Six
Management of the Company
Section 6.01 Management by Members
The Members will manage the Company. The Members may manage the Company by majority, or may
appoint one or more "Manager Principals" to represent the Members in managing the Company. For
purposes of this Agreement, the Members acting by majority to manage the Company or the Manager
Principals will be referred to collectively as the "Managing Member", whether one or more.
Managing Members must act in good faith, with the care that an ordinarily prudent person in a similar
position would exercise under similar circumstances, and in a manner the Managing Member reasonably
believes to be in the best interests of the Company.
Section 6.02 Day -to -Day Management
The Managing Member may take all actions necessary, useful, or appropriate for the ordinary
management and conduct of the Company's business. Subject to the restrictions in Section 6.08, the
Managing Member may exercise all powers of the Company and do anything that is not reserved by the
Members as specified in the Articles of Organization, in this Agreement, or in the Act.
Section 6.03 Appointment of Officers
If authorized by a majority of the Members, the Managing Member may appoint officers and define their
function and authority. Officers may but need not be a Member or Managing Member. Any appointment
and assignment of function or authority will be made in writing and kept with the records of the
Company.
Section 6.04 Execution of Documents
The Managing Member may execute any instruments, contracts, agreements, or other documents
providing for the acquisition, encumbrance, or disposition of property of the Company.
Section 6.05 Managing Member as Agent
Unless specifically prohibited by the Articles of Organization, each Managing Member serves as an agent
of the Company for the purpose of conducting business on behalf of the Company. As agent, the
Managing Member may bind the company unless the Managing Member's action violates the terms of
the Articles of Organization, this Agreement, or the Act, or unless third parties dealing with the Managing
Member reasonably believe that the Managing Member does not have authority to act.
Section 6.06 No Authority of Individual Members
No individual Member is an agent of the Company, and no Member other than a Managing Member may
make any contracts, enter into any transactions or make any commitments on behalf of the Company.
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Section 6.07 Non -Liability of Members for Acts or Omissions in Their Managerial Capacity
To the extent permitted by Colorado law, all Members are released from liability for damages and other
monetary relief on account of any act, omission, or conduct in the managing the Company. This release
does not protect any Member from being required by a court to purchase the Membership interest of
another Member who successfully contends that the Member committed actionable oppressive acts to
the prejudice of the other Member. No amendment or repeal of this provision affects any liability or
alleged liability of any Member for acts, omissions, or conduct that occurred before the amendment or
repeal.
Section 6.08 Limitations on Rights and Powers
Unless authorized by the unanimous written agreement of the Members, no Member, Managing Member,
nor any other officer of the Company may:
Enter into or commit to any agreement, contract, commitment or obligation on behalf of the Company
obligating any Member to find additional capital, to make or guarantee a loan or to increase a Member's
personal liability either to the Company or to third parties;
Receive or permit any Member to receive any fee or rebate, or to participate in any reciprocal business
arrangements that would conflict or compete with the business of the Company or otherwise contradict
the intent of this Agreement;
Materially alter the Business of the Company or deviate from any approved business plan of the
Company;
Permit the Company's funds to be commingled with the funds of any other Person;
Do any act that contradicts this Agreement;
Do any act which would make it impossible to carry on the Business of the Company;
Confess a judgment against the Company;
Possess Property, or assign rights in specific Property, for other than a Company purpose;
Admit any person as a Member, except as otherwise provided in this Agreement;
Section 6.09 Specific Powers
In pursuing its lawful purposes, the Company, in addition doing all things that limited liability companies
are permitted to do under the Act, may acquire, hold, rent, lease, sell, convey, exchange, convert,
improve, repair, manage, control, invest, and reinvest the funds of the Company in every kind of real and
personal property, both tangible and intangible, including property acquired "subject to" or "in
assumption of' an existing indebtedness and property acquired in whole or in part for promissory
obligations of the Company.
The Company may make any payment, receive any money, take any action, and make, execute, deliver,
and receive any contract, deed, instrument, or document that may be necessary or advisable to exercise
any of the powers conferred under this Agreement and that are necessary or prudent for the proper
administration and conservation of the investments of the Company.
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By way of illustration, but not by way of limitation, the Company is authorized to exercise the following
powers:
(a) Agricultural Powers
The company may:
Retain, sell, acquire, and continue any farm or ranching operation;
Engage in the production, harvesting, and marketing of farm and ranch products either by operating
directly or with management agencies, hired labor, tenants, or sharecroppers;
Engage and participate in any government farm program, whether state or federally sponsored;
Purchase or rent machinery, equipment, livestock, poultry, feed, and seed;
Improve and repair all farm and ranch properties, construct buildings, fences, and drainage facilities,
acquire, retain, improve, and dispose of wells, water rights, ditch rights, and priorities of any nature;
and
Do anything else customary or desirable to operate a farm or ranch operation.
(b) Business Powers
The Company may acquire, hold, and sell any of the following as Company property:
The stock of any corporation;
Any interest in a limited partnership as a general partner or a limited partner;
Any membership interest in a limited liability company;
Any partnership interest in a limited liability partnership;
Any interest in a business trust; or
Any interest in any joint venture.
The Company may elect or employ directors, officers, employees, managers, and agents and
compensate them for their services.
The Company may exercise all of the powers granted in this Agreement regardless of whether the
Member(s) are personally interested or an involved party with respect to any business enterprise forming
a part of the Company property.
(c) Employment of Agents and Others
The Company may employ agents, employees, managers, accountants, attorneys, consultants, and other
persons necessary or appropriate to carry out the business and affairs of the Company, whether or not
the person or persons are Affiliated Persons, or are employed by Affiliated Person.
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The Company may pay reasonable fees, costs, expenses, salaries, wages, and other compensation as the
Member(s) determine to be appropriate as an expense of the Company. Those expenses may include
payment or reimbursement for all fees, costs, and expenses incurred in the formation and organization
of the Company.
The Company may delegate management functions to any corporation, partnership, limited liability
company, or other entity qualified to manage the property and to conduct the business activities of the
Company.
(d) Expenditures in the Management of the Company
The Company may make any expenditures and investments that the Member(s) deem to be necessary
or appropriate for the management of the Company and the carrying out of the obligations and
responsibilities under this Agreement.
(e) Formation of Other Legal Entities
The Company may form or participate in the formation of, and may invest any part of the Company's
property in any one or more of the following:
Revocable or irrevocable trusts;
Corporations;
General or limited partnerships;
Limited liability partnerships or Limited liability limited partnerships;
Joint ventures;
Limited liability companies;
Any other legal entity.
The Company may serve as the general partner of a partnership or may serve as the manager of a limited
liability company in which the Company has made (or intends to make or otherwise acquire) an
investment.
The Company may invest in any of the above -listed legal entities even if federal and state law
restrictions and contractual restrictions on ownership, transfer of interests, and liquidation contained in
the governing instrument or instruments, may cause the ownership interest of the Company in the entity
to have a fair market value that is less than the fair market value of the assets contributed to the entity.
(f) Business or Trade Names
The Company may adopt trade or business names as the Member(s) determine to be appropriate.
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(g) Charitable Planning Opportunities
The Company may form, and contribute property to, one or more Charities. In the case of a charitable
remainder trust or charitable lead trust, the beneficiary for the non -charitable term of the trust will be
the Company.
To the extent permitted by the tax laws of the United States, if the Company is dissolved or tenminated
before the expiration of the term of a charitable trust, then the Members of the Company will be the
beneficiaries of the non -charitable term (or non -charitable remainder, as the case may be). In
determining the Members' interests as individual beneficiaries of the non -charitable interest, the
Members' beneficial interests will be divided according to the Members' respective percentage interest
and rights of ownership determined at the time the Company is dissolved or terminated.
(h) Investment Powers in General
The Company may invest and reinvest in any classes of stocks, bonds, securities, all forms of
cryptocurrency commodities, options, metals, or other property, real or personal, of every kind and
nature as the Member(s) determines to be appropriate. The Company may invest in investment trusts
as well as in common trust funds.
The Company may purchase life, accident, disability, medical, or other insurance on, on behalf of and
for the benefit of any Member or Manager.
(i) Life Insurance and Annuity Powers
The Company may do any of the following concerning life insurance policies and annuities:
Purchase, accept, hold, and manage life insurance policies and annuity contracts as owner, Assignee,
and beneficiary;
Execute or cancel any automatic premium loan agreement with respect to any policy, and elect or cancel
any automatic premium loan provision in a life insurance policy;
Borrow money with which to pay premiums due on any insurance policy from any source, and assign
any policy as security for the loan;
Exercise any option contained in an insurance policy with regard to any dividend or share of surplus
apportioned to the policy, reduce the amount of a policy, or convert or exchange the policy, or surrender
a policy at any time for its cash value;
Elect any paid -up insurance or any extended -term insurance nonforfeiture option contained in a policy;
Sell any policy at its fair market value to the insured or to anyone having an insurable interest in the
policy; and
Exercise any other right, option, or benefit contained in a policy or penmitted by the insurance company
issuing the policy.
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(j) Loan, Borrowing, and Encumbrance Powers
The Company may borrow money and may mortgage, pledge, or otherwise encumber the assets of the
Company. The Company may prepay in whole or in part, recast, increase, modify, extend, or refinance
any mortgages affecting the Company property, and may execute any extension, renewal, or modification
of any mortgage on the Company property. But the Member(s) may not cause any Member to incur
personal liability for any indebtedness secured by any mortgage on the Company property. But the
Manager(s) may not cause any Member to incur personal liability for any indebtedness secured by any
mortgage on the Company property.
The Company may lend Company funds to any person on any terms, time periods, interest rates, and
for such security or collateral deemed appropriate or necessary by the Member(s) to the extent pennitted
by law.
(k) Maintenance of Company Property
The Company shall maintain and operate the Company property in a manner that satisfies in all respects
the obligations imposed by any mortgages encumbering the Company property from time to time, and
by any other agreement concerning the maintenance of Company property.
(1) Margin, Brokerage, and Bank Account Powers
The Company may buy, sell, and trade in securities of any nature, including short sales, sales on margin,
and options of every kind and futures contracts. The Company may maintain and operate margin
accounts with brokers, and may pledge any securities held or purchased with brokers as securities for
loans and advances made to the Company. The Company may establish and maintain bank accounts of
all types in one or more banking institutions that the Member(s) choose.
(m) Nominee Powers
The Company may cause Company property to be held in the name of a nominee and may enter
agreements to facilitate any nominee agreement.
(n) Nonproductive Property
The Company may hold property that is non -income producing or is otherwise nonproductive if the
holding of the property is, in the absolute discretion of the Member(s), in the best interest of the
Company.
(o) Oil, Gas, Coal, and Other Mineral Powers
The Company may do any of the following concerning any oil, gas, coal, or other minerals or mineral
interests, including futures interests (referred to generally as "mineral interests"):
All things necessary to maintain in full force and effect any mineral interests comprising part or all of
the Company property;
Purchase additional mineral interests when necessary or desirable to effect a reasonable plan of
operation or development with regard to the Company property;
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Buy or sell any undivided interest in any mineral interests, and exchange any mineral interests for
interests in other properties or for services;
Execute leases for any mineral interests on terms as the Manager deems to be proper;
Enter pooling, unitization, repressurization, and other types of agreements relating to the development,
operation, and conservation of any mineral interests;
Execute division orders, transfer orders, releases, assignments, farmouts, and any other instruments that
the Manager deems to be proper;
Drill, test, explore, mine, develop, and otherwise exploit any mineral interests;
Create or participate in any other entity or organization for the purpose of acquiring, holding, exploiting,
developing, operating, or disposing of any mineral interest; and
Hire consultants or outside specialists concerning the evaluation, management, acquisition, disposition,
or development of any mineral interest.
(p) Powers of Attorney
The Member(s) may appoint any individual or corporation a revocable or irrevocable power of attorney
to transact business on behalf of the Company. The power of attorney may grant any rights, powers,
and discretion to the extent of the Member(s) authority.
(q) Real Estate Powers
The Company may do any of the following concerning real property:
Buy and sell interests in real property;
Execute leases and grant options to lease for any term, even though the term extends beyond the term
of the Company;
Grant, release, convey, or assign any interest to easements and other interests with respect to real
property, enter into party wall agreements, execute estoppel certificates, and develop and subdivide any
real property;
Dedicate parks, streets, and alleys or vacate any street or alley;
Construct, repair, alter, remodel, demolish, or abandon improvements;
Take any other action reasonably necessary to preserve an interest in real property or in fixtures
comprising a part of the Company property; and
Partition or exchange real property, in whole or in part, for other real or personal property.
Concerning land trusts, the Company may:
Act as trustee of any land trust of which the Company is a beneficiary;
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Convey title to real property subject to the land trust;
Execute all documents pertaining to the property subject to the land trust;
Act in all matters regarding the land trust; and
Execute assignments of all or any part of the beneficial interests in such land trust.
(r) Sale, Lease, and Other Dispositive Powers
The Company may sell, lease, transfer, exchange, grant options with respect to, or otherwise dispose of
the Company property.
The Company may deal with the Company property as the Member(s) deem to be advisable. The
Company may enter into contracts, deeds, leases, and any other instruments that the Member(s) deem
to be appropriate, and may deal with the Company property in all other ways in which a natural person
could deal with property.
(s) Securities Powers
The Company may acquire, hold, and sell:
Publicly traded securities, including stocks, bonds, warrants, options, futures, mutual funds, partnership
interests, interests in other limited liability companies or other business entities, real estate investment
trusts, diversified asset funds including international investments, and investment funds;
Obligations of the United States government or of any, state, municipality, state agency, or foreign
government;
Cash deposits, money market funds, brokerage company investment and money market accounts,
certificates of deposit, savings accounts, and checking accounts, without limitation as to the location of
the account or depository.
The Company may retain, exercise, or sell rights of conversion or subscription with respect to any
securities held as Company property.
The Company may vote or refrain from voting at corporate meetings either in person or by proxy,
whether general or limited, and with or without substitutions.
(t) Settlement Powers
The Company may pay, extend, renew, modify, adjust, submit to arbitration, prosecute, defend, or
compromise any obligation or claim except to the extent this Agreement otherwise limits this power.
(u) Surety and Indemnity Powers
The Company may execute and deliver any surety, indemnity, or similar agreement concerning the
business activities of the Company and may pledge or mortgage the assets of the Company to secure a
surety or indemnity obligation.
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(v) Environmental Powers
The Company may refuse to accept any property that the Member(s) determine may have been
contaminated by any hazardous or toxic substance as defined by applicable law or that has been used
for any activities involving hazardous or toxic substances in a way that may expose the Company's
assets to liability.
The Member(s) may inspect any Company property to determine compliance with any environmental
law affecting the property or to respond to any applicable environmental law affecting property held by
the Company. The Member(s) may disclaim or release any power or right that the Company determines
may cause the Company to incur liability under any environmental law.
The Member(s) may take any necessary action to prevent, abate, clean up, or otherwise respond to any
actual or threatened violation of any environmental law affecting Company property. The Company
may charge the cost of any inspection, review, prevention, abatement, response, cleanup, or remedial
action authorized under this power against the Company property.
The Member(s) will not be liable for any decrease in value of the Company property because of any act
taken in compliance with any environmental law, or for taking action that the Member(s) determine is
reasonably necessary to minimize adverse consequences of contaminated property.
Section 6.10 Authorization to Execute Certain Instruments
With respect to all obligations, powers, and responsibilities under this Agreement, the Member(s) may
execute and deliver any notes and other evidence of indebtedness, contracts, agreements, assignments,
deeds, leases, loan agreements, mortgages, and other security instruments and agreements in any form on
behalf of the Company as the Member(s) determine to be proper.
Section 6.11 Affidavit of Member or Member Principal Authority
Any third party dealing with the Company may rely on a notarized writing signed by a Member stating
the Member's or Member Principal's authority to act for the Company.
Section 6.12 Creation of Advisory Committee
The Member(s) may establish an advisory committee ("Advisory Committee") of the Company consisting
of two or more Members, beneficiaries of trusts that are Members or legal, financial, or other advisors to
the Manager or any Member.
(a) Annual Meetings
If the Advisory Committee is established, at least once per calendar year the Manager shall call a
meeting of the Advisory Committee. The purpose of the meeting will be to generally inform the
Advisory Committee of the business and operations of the Company since the last meeting of the
Advisory Committee.
(b) Committee is Advisory Only
The Advisory Committee may make recommendations to or otherwise advise and consult with the
Manager regarding the business and operation of the Company, but the Advisory Committee may not
take any action on behalf of the Company or compel the Manager or any Member to take any action.
The Advisory Committee may make a report of the meeting to the Members.
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(c) Payment of Expenses Authorized
Advisory Committee members will be entitled to payment from the Company for their reasonable
expenses for their attendance at meetings of the Advisory Committee.
Section 6.13 Voting of Controlled Corporate Stock
Should the Company hold stock in any controlled corporation, as defined by Section 2036(b)(2) of the
Internal Revenue Code, the Company shall:
Notify all Members of all shareholders meetings of said controlled corporation;
Notify all Members that they have the right to vote the stock of such corporation in proportion to the
percentage owned by each Member in the Company; and
Submit the votes of each Member at such shareholder meeting exactly as if each Member had voted the
same as a separate shareholder voting such stock.
Article Seven
The Members
Section 7.01 Names and Addresses of Members
The Company shall maintain a list of all Members of the Company, both past and present, and their last
known mailing addresses. The list will be kept as part of the records of the company. The Company shall
update the list of Members from time to time as necessary to maintain accurate records.
Section 7.02 Limited Liability of Members
Except as provided in Article Four, no Member will be required to contribute capital to the Company for
the payment of any losses or for any other purposes, and no Member will be responsible or obligated to
any third party for any debts or liabilities of the Company in excess of the sum of:
That Member's unpaid required contributions to the capital of the Company,
Unrecovered contributions to the capital of the Company, and
The Member's share of any undistributed profits of the Company.
Section 7.03 Restrictions on Members' Withdrawal Rights
No Member may withdraw from the Company or receive a return of any contributions to the Company
until the Company is terminated and its affairs wound up according to the Act and this Agreement. Any
Member who does any of the following will be considered to have breached this Agreement:
Attempting to withdraw from the Company;
Interfering in the management of the Company affairs;
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Engaging in conduct which results in the Company losing its tax status as a Company;
Engaging in conduct that tends to bring the Company into disrepute;
Owning a Membership Interest that becomes subject to a charging order, attachment, garnishment, or
similar legal proceedings;
Breaching any confidentiality provisions of this Agreement; or
Failing to discharge a legal duty to the Company.
Any Member who breaches this Agreement will be liable to the Company for damages caused by the
breach. The Company may offset damages against any distributions or return of capital to the Member
who has breached this Agreement.
Section 7.04 Restrictions on Assignees' Withdrawal Rights
No Assignee has the right to receive a return of any contributions (whether the contributions were made
by the Assignee or by an Assignor) until the Company is terminated and its affairs wound up according
to the Act and this Agreement. Any Assignee who does any of the following will be considered to have
breached this Agreement:
Interfering in the management of the Company affairs;
Engaging in conduct that results in the Company losing its tax status as a Company;
Engaging in conduct that tends to bring the Company into disrepute;
Breaching any confidentiality provisions of this Agreement;
Bringing any legal action against the Company to force the dissolution of the Company, to force any
distribution of Company assets, or to appoint a receiver; or
Failing to discharge a legal duty to the Company.
Any Assignee who breaches this Agreement will be liable to the Company for damages caused by the
breach. The Company may offset damages against any distributions or return of capital to the Assignee
who has breached this Agreement.
Section 7.05 No Right to Cause Dissolution
No Member may cause the dissolution and winding up of the Company by court decree or otherwise.
Section 7.06 Waiver of Partition
Each Member, individually and on behalf of the Member's successors and assigns, expressly waives any
right to have any Company property partitioned.
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Section 7.07 Expulsion of a Member
The Company may only expel a Member for violation of this Agreement or for failing to snake the Capital
Contributions as required in Article Four. A Member may only be expelled on the unanimous consent of
all Members, excluding the Member to be expelled.
An expelled Member will lose all rights as a Member of the Company, and the expelled Member's
interest's will be converted to that of an Assignee.
Section 7.08 Voting
Member(s) may vote on the following matters:
Removal of a Managing Member;
Election of a successor Managing Member;
Termination and dissolution of the Company;
Amendment of this Agreement;
The extension of the term of the Company; and
Any matter requiring the vote of the Member(s) as set out elsewhere in this Agreement or in the Act.
Members may vote by written consent, with or without a formal meeting. Assignees may not vote.
Section 7.09 Access to Information
In accordance with C.R.S. 7-80-408, each Member is entitled to all information regarding the Company
under the circumstances and subject to the conditions stated in this Agreement and the Act. Assignees
have no right to information regarding the Company.
All Members and any Assignee who obtains any information are subject to the confidentiality provisions
of this section.
(a) Confidential Information
The Members acknowledge that they may receive information regarding the Company in the form of
trade secrets or other information that is confidential, the release of which may be damaging to the
Company or to persons with whom it does business. Each Member shall hold in strict confidence any
information regarding the Company that is identified as being confidential and may not disclose it to
any person other than another Member, except for disclosures:
Compelled by law (but the Managing Member must notify the Manager promptly of any request for that
information, before disclosing it, if practicable),
To advisors or representatives of the Member of the Company, but only if they have agreed to be bound
by the provisions of this section, or
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Of information that Member also has received from a source independent of the Company that the
Member reasonably believes it obtained without breach of any obligation of confidentiality.
(b) Enforcement Through Specific Performance
The Members acknowledge that disclosure of confidential information may cause irreparable injury to
the Company for which monetary damages are inadequate, difficult to compute, or both. Accordingly,
the provisions of this section may be enforced by specific performance.
Article Eight
Books, Records, and Bank Accounts
Section 8.01 Books and Records
Subject to C.R.S. 7-80-408 the Company shall keep books of account with respect to the operation of the
Company at the principal office of the Company, or at any other place as the Member(s) determine. All
Members and their duly authorized representatives will have access to the books at all reasonable times.
The Company shall keep the following records:
A current list of the full name and last known address for delivery of notices of each Member;
A copy of the Articles of Organization (together with any amendments) and copies of any powers of
attorney under which any certificate has been executed;
Copies of the Company's federal, state, and local income tax returns and reports, if any, for the 3 most
recent years;
Copies of this Agreement (together with any amendments);
Copies of any financial statements of the Company for the 3 most recent years; and
Any other documents required by law.
Section 8.02 Accounting and Fiscal Year
The Company shall keep books of account consistent with any method authorized or required by the
Internal Revenue Code and as determined by the Member(s). The Company shall close and balance the
books at the end of each Company year. The fiscal year of the Company will be the period authorized
or required by the Internal Revenue Code, and as determined by the Member(s).
Section 8.03 Reports
Within a reasonable time after the end of each fiscal year the Company shall provide each Member with
the information necessary to allow each Member to prepare and file their respective tax returns. The
Company shall prepare all financial statements at the expense of the Company.
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Section 8.04 Bank Accounts and Company Funds
The Company shall deposit all cash receipts in the Company's depository accounts. All accounts used
by or on behalf of the Company are property of the Company, and will be received, held, and disbursed
by the Manager for the purposes specified in this Agreement. The Member(s) shall not commingle
Company funds with any other funds.
Article Nine
Admission of Additional Members
Section 9.01 Admission by Unanimous Consent of Members; Prerequisites
In accordance with C.R.S. 7-80-701, Additional Members may only be added after the consent of the
Member(s). Before being admitted as a Member, a prospective Member must first:
Provide evidence satisfactory to the Company that admission of the prospective Member will not violate
any applicable securities law, cause a termination of the Company under applicable provisions of the
Code, or alter the status of any tax election made by the Company;
Pay all reasonable expenses connected with admission as a Member, including professional fees incurred
in obtaining opinions or valuations; and
Agree to be bound by all of the terms and provisions of this Agreement by signing the Agreement.
Section 9.02 Capital Contributions and Fair Market Value
Other than contributions of cash or publicly -traded securities, the fair market value of any property to be
contributed by an additional Member as its initial Capital Contribution will be determined as agreed upon
by the additional Member and the holders of a majority of the Membership Interests before the
contribution is made. In the alternative, the Managing Member(s) shall appoint a disinterested appraiser
to determine the value of the property to be contributed.
Section 9.03 No Admissions in Violation of this Article
Any attempt to admit an additional Member in violation of this Article will be null and void and of no
effect.
Article Ten
Transfer of Membership Interests by a Member
Section 10.01 Opinion of Counsel
Before any transfer may be initiated, unless such transfer is considered a Pennitted Transfer, the Member
who intends to transfer any interest in the Company must first obtain and deliver a written opinion of
counsel to the Company that the intended transfer:
Will not result in a termination of the Company within the meaning of the Act or Section 708(b) of the
Internal Revenue Code; and
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Does not violate any applicable federal or state securities law.
The written opinion of counsel must be presented in a form that is acceptable to the Managing
Member(s).
Section 10.02 Assignee Interest Transferred
The transferee of a Membership Interest will hold the interest only as an Assignee until the transferee
satisfies all the requirements of Section 10.03 to become a Substitute Member. As Assignee, the
transferee will have only those rights set forth in Section 10.04 of this Agreement.
Section 10.03 Conditions Required to Become a Substitute Member
An Assignee will not become a Substitute Member and will not have any rights as a Member until all of
the conditions set forth in this section have been fully satisfied.
(a) Consent of the Members
All Members other than the assigning Member consent in writing to the admission of the Assignee as a
Substitute Member.
(b) Assurances
The Assignee seeking admission as a Substitute Member shall furnish to the Company assurances as
the Company may request. Those assurances will include an opinion of counsel to the Company that:
The transferring Membership Interest has been registered for sale under the Securities Act, as amended,
and under all applicable state securities laws, or that securities registration is not required; and
That the transfer will not cause a termination of the Company under Section 708(b) or any other
provision of the Internal Revenue Code.
(c) Execution of All Other Agreements
The assigning Member and the Assignee shall execute, acknowledge, and deliver to the Company
instruments of transfer and assignments as are in form and substance satisfactory to the Company,
including the written acceptance and adoption by the Assignee of this Agreement.
(d) Payment of a Reasonable Transfer Fee
An Assignee shall pay a reasonable transfer fee to the Company. The Company may establish the
amount of the transfer fee on a case -by -case basis. But no Member is required to pay a transfer fee in
the event of a voluntary transfer to an Affiliated Person or to a Charity.
(e) Effective Date of Admission as Substitute Member
The effective date of an admission as a Substitute Member is the date on which all the remaining
Members vote to accept the Assignee as a Substitute Member in accordance with this Agreement.
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Section 10.04 Rights of an Assignee
An Assignee will be entitled to receive distributions from the Company to the same extent that the
transferring Member would receive under this Agreement. Until the effective date that an Assignee is
admitted as a Substitute Member, both the Company and the Members will treat the assignor of the
transferred Membership Interest as the absolute owner of the transferred Membership Interest except
with respect to any member distributions made which are attributable to the transferred Membership
Interest.
(a) Limitations on Assignee Rights
An Assignee has substantially fewer rights than a Member. Assignees only hold a right to receive
economic benefits when distributed from the Company in respect to the assigned Membership Interest.
Other limitations on Assignees' rights include:
Substantially limited access to Company records and information;
No right to vote in any Company matters; and
No legal or economic rights.
Section 10.05 Permitted Transfers
A Member may transfer a Membership Interest without the consent of the Member(s) to a trust for his or
her benefit, to his or her spouse, to a trust for the benefit of his or her spouse, to his or her immediate
family, to a trust for the benefit of his or her immediate family or to an entity wholly owned and
controlled, either directly or indirectly, by the transferor or his or her spouse, so long as the proposed
transfer does not:
Cause the Company to terminate for federal income tax purposes; or
Result in any event of default as to any secured or unsecured obligation of the Company; or
Cause a reassessment of any real property owned by the Company; or
Cause other adverse material impact to the Company.
The transferee of a Membership Interest transferred permitted by this section will be admitted as a
Substitute Member without the necessity of compliance with Section 10.03.
Section 10.06 Amendment of Operating Agreement andArticles of Organization
If required by law, upon the admission of a new Member, the Company shall amend the Operating
Agreement or the Articles of Organization to reflect any substitution of Members.
(a) Substitute Member Acceptance Upon Amendment
Until the Operating Agreement or Articles of Organization is amended as contemplated by this section,
an Assignee will not become a Substitute Member.
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(b) Assessment of Fees
The Company may assess any fees, costs, or other expenses of any amendments made by reason of the
admission of a Substitute Member against the Substitute Member whose entry into the Company
necessitates the amendment.
Section 10.07 Disability of a Member
The agent of a disabled Member acting under a durable power of attorney or the legal representative of
a disabled Member may exercise all of the Member's rights and voting authority and is entitled to receive
distributions of cash or other property from the Company on behalf of the Member. If there is more than
one agent or legal representative entitled to act for a disabled Member, the Company shall designate in
writing which agent or legal representative may act on behalf of the disabled Member.
Section 10.08 Death of a Member
Any interest that is transferred as a result of the death of a Member will be an Assignee interest. Upon
the death of a Member, the deceased Member's Membership Interest may be distributed according to the
provisions of any of the following:
The Member's last will and testament, as admitted to probate;
Any trust that holds the Member's Membership Interest (to the extent the Member holds a power of
appointment over the Membership Interest); or
A written and acknowledged beneficiary designation delivered by the Member to the Company and
acknowledged as received and accepted by the Company before the Member's death.
A deceased Member's Membership Interest may only be transferred to any one or more of the following:
One or more members of the Member's Immediate Family;
One or more trusts established for the benefit of one or more members of the Member's Immediate
Family; or
One or more Charities or Charitable Trusts.
(a) Personal Representative's Rights and Duties
The Personal Representative of a deceased Member will have the same rights with respect to the
Membership Interest or Assignee interest as those held by the deceased Member or Assignee for the
purpose of administering the interest holder's estate.
(b) Transferee Bound by This Agreement
A transferee of any transfer under this section will be bound by all of the terms and conditions of this
Agreement.
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Section 10.09 Terminating Transfers Prohibited
A Member may not transfer any interest in the Company in any way that would, in the Managing
Member(s) sole and absolute discretion, cause the Company to terminate under applicable provisions of
the Internal Revenue Code or of the Act. The attempted transfer will be disregarded and void ab initio.
Section 10.10 Voting Rights and Transferred Interests
A Member who transfers a Membership Interest to an Assignee will continue to hold all voting rights
associated with the assigned interest until the Assignee of the transferred interest satisfies all of the
requirements to become a Substitute Member as provided in Section 10.03.
In the case of an Assignee who holds an interest received as a result of the death of a Member, the voting
rights associated with the transferred interest will be suspended and disregarded for purposes of
calculating votes until the Assignee of the transferred interest satisfies all of the requirements to become
a Substitute Member as provided in Section 10.03.
Section 10.11 Non -Recognition of an Unauthorized Transfer or Assignment; Accumulation of
Amounts to be Distributed
The Company is not required to recognize the purported interest of any transferee or Assignee who
alleges to have received any interest other than by an authorized transfer or Assignment as provided
under this Agreement. If the ownership of a Membership Interest is in doubt, or if there is reasonable
doubt as to who is entitled to a distribution attributable to an interest, the Managing Member(s) may
accumulate the amounts to be distributed until this issue is finally determined and resolved.
Section 10.12 Creditor Rights; Charging Order Sole Remedy
In accordance with C.R.S. 7-80-703, if a creditor obtains a judgment by a court of competent jurisdiction
against any Member or Assignee, the court may charge the Member or Assignee's interest with payment
of the unsatisfied amount of the judgment from distributions attributable to the affected interest. To the
extent any interest is charged with satisfaction of a judgment, the judgment creditor will receive no more
than the rights of an Assignee; the creditor will not be admitted as a Member of the Company.
The charging order is the exclusive remedy by which a judgment creditor of a Member or an Assignee
of a Membership Interest may obtain any satisfaction from the Company toward any judgment against
the Member or Assignee. This section does not deprive any Member or Assignee of rights under any
exemption laws available to the Member or Assignee.
Section 10.13 Company's Unilateral Purchase Option for Interest Acquired Without Consent
The Company will have the unilateral option to purchase any interest acquired by any transferee as
provided in this section. For purposes of establishing the value of the interest under this provision, the
interest will be deemed to be the interest of an Assignee.
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(a) Circumstances Triggering Purchase Option
Any of the following circumstances will trigger the Company's unilateral right to purchase a
transferee's interest. Collectively these events are referred to as "triggering events":
If the Membership Interest of a deceased Member passes to an individual or entity other than as
permitted under Section 10.08; or
If any individual, entity, organization, or agency obtains a Member's interest, whether inclusive or
exclusive of voting rights as a result of:
Any valid court order that the Company is required by law to recognize; or
Being subject to a lawful charging order by a court of competent jurisdiction; or
A levy or other transfer of a Membership Interest, with voting rights, that the Company has not approved
but that the Company is required by law to recognize.
If the Company's unilateral purchase option is exercised, the Company will purchase the affected
interest of the transferee for the fair market value of the interest, valued as the interest of an Assignee.
(b) Terms and Conditions of Exercisable Purchase Option
If the Company elects to exercise its unilateral purchase option, the following terms and conditions will
apply to the transaction.
(1) Written Notice of Intent to Purchase
The Company will provide written notice within 90 days of the triggering event that the Company
intends to purchase the interest. If the Company does not provide written notice within 90 days of the
triggering event, the Company's unilateral purchase option will lapse.
(2) Exercise of Option and Date of Valuation
If the Company provides written notice of its intent to exercise its purchase option, then the Company
may exercise the option within 180 days from the first day of the month following the month in which
the Company provided the notice.
The valuation date for the interest to be purchased will be the first day of the month following the month
in which notice is delivered.
(3) Written Appraisal Requirement
Unless the Company and the transferee or Assignee agree otherwise, the fair market value of any interest
subject to the Company's purchase option will be determined by written appraisal performed by an
appraiser selected by the Company. The appraiser must be qualified to perform business appraisals and
to value limited liability company or partnership interests.
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(4) Acceptance or Rejection of Valuation
If the transferee objects to the appraiser's valuation report, it must deliver written notice of the
transferee's objection to the Managing Member(s) within 30 days from the date the transferee is
provided with written notice of the valuation report. If the transferee does not object in writing within
the required period, the report will be accepted as written.
If the transferee objects to the valuation report, closing of the sale will be postponed for a reasonable
time until the valuation of the interest is resolved.
(5) No Voting Rights During Purchase Option Period
Until the closing, the transferee will not be allowed to exercise any vote attributable to the interest that
is subject to the purchase option. The transferee will be entitled to all items of income, deduction, gain,
or loss from the interest. The transferee of the interest will be an Assignee unless all conditions have
been satisfied for the transferee to become a Substitute Member as described in Section 10.03.
(6) Location and Date of Closing
Closing of any sale under this section will occur at the principal office of the Company within 45 days
of the date on which the valuation report is accepted by the transferee or the date on which the valuation
of the interest is otherwise resolved.
(7) Payment of Terms Upon Exercise of Option
In order to prevent unduly burdening the Company's resources, the Company may unilaterally elect to
pay any purchase money obligation in 30 equal annual installments. If the remaining term of the
Company is less than 30 years, the Company may make equal annual installments over the remaining
term of the Company. Interest on any unpaid principal amount will be determined at market rates
determined as of the closing date and, at the option of the Company, may be adjusted annually as of the
first day of each calendar year.
In determining whether the remaining term of the Company is less than 30 years, the Company may
assume that any option to extend the Company term will be exercised by the Members. If the option to
continue is not exercised, then the balance will become due and payable immediately upon dissolution
of the Company.
(i) Interest
The term "market rates" will mean the rate of interest identified as the "prime rate" by the WALL
STREET JOURNAL in its Money Rates column, or, if two or more rates are reported as the "prime
rate," the average of the two or more. If Sections 483 and 1274A of the Internal Revenue Code apply
to this transaction, the minimum rate of interest of the purchase money obligation will be fixed at the
rate of interest then required by those sections.
(ii) Payment Dates
The first installment of principal and interest will be due and payable on the first day of the calendar
year following the closing date. Subsequent annual installments will be due and payable on the first
day of each subsequent calendar year until the entire obligation is fully paid. The Company may prepay
any part of any purchase money obligation at any time without premium or penalty.
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Section 10.14 Assignee or Charging Order Holder Assumes Tax Liability
The Assignee of a Membership Interest and any person who acquires a charging order against a
Membership Interest shall report income, gains, losses, deductions and credits with respect to the interest
for the period in which the Assignee interest is held or for the period the charging order is outstanding.
The Company shall deliver to the Assignee or the holder of a charging order, as the case may be, all
Federal, State and Local tax forms required to be delivered to Members generally indicating that the
income from the Membership Interest has been allocated to the holder of the Assignee interest or the
holder of a charging order.
Article Eleven
Dissolution and Termination
Section 11.01 Dissolution of the Company
The Company will be dissolved only upon the occurrence of an event described in this section.
(a) Date Designated by the Members
The Company will be dissolved on a date designated by the Member(s).
(b) Judicial Dissolution
The Company will be dissolved upon the entry of a decree of_judicial dissolution by a court of competent
jurisdiction.
Section 11.02 Continuation of Company
Upon dissolution, the Company shall thereafter conduct only activities necessary to wind up its affairs,
unless, within 90 days after the date of the event causing dissolution, all of the Members agree to continue
the affairs of the Company.
Section 11.03 Effective Date of Dissolution; Winding Up
Dissolution of the Company will be effective on the date on which the event occurs giving rise to the
dissolution. The Company will not be wound up until the Company's Articles of Organization is
canceled and the assets of the Company have been distributed as provided in this Agreement.
During the period in which the Company is winding up, the business of the Company and the affairs of
the Members will continue to be governed by this Agreement.
Section 11.04 Liquidation of the Company Property
Upon dissolution of the Company, the Managing Member(s), or a liquidator appointed by a majority of
the Members, shall liquidate the Company property, apply and distribute the proceeds from the
liquidation of the property as contemplated by this Agreement, and cause the cancellation of the
Company's Articles of Organization.
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(a) Payment of Creditors and Provision for Reserves
The proceeds derived from the liquidation of property will first be applied tovvard or paid to any creditor
of the Company who is not a Member. The order of priority of payment to any creditor will be as
required by applicable law. After payment of liabilities owing to creditors, excluding Members, the
Managing Member(s) or liquidator shall set up a reserve of assets as the Managing Member(s) or
liquidator determines is reasonably necessary for any contingent or unforeseen liabilities or obligations
of the Company.
(1) Ability to Create an Escrow Account
Any reserves for contingent liabilities may, but need not, be paid over by the Managing Member(s) or
liquidator to a bank to be held in escrow for later payment.
(2) Distribution of Reserves
The Managing Member(s) or liquidator shall distribute any remaining reserves after the Managing
Member(s) or liquidator is reasonably satisfied that any liabilities have been adequately resolved. The
remaining reserves will be distributed to the Members or their assigns in the order of priority set forth
in the provisions of this Agreement relating to distributions to the Members.
(b) Distribution of Property After the Payment of Liabilities and Establishment of Reserves
After paying liabilities and providing for reserves, the Managing Member(s) or liquidator shall satisfy
any debts owed to Members with the remaining net assets of the Company, if any, and then distribute
any remaining assets to the Members in proportion to their Membership Interests.
(c) Non -Cash Assets
If any part of the net assets distributable to the Members consists of notes or accounts receivable or
other non -cash assets, the Managing Member(s) or liquidator may take whatever steps it considers to
be appropriate to convert the assets into cash or any other form to facilitate distribution. If any assets
of the Company are to be distributed in kind, those assets will be distributed on the basis of their fair
market value at the date of distribution, as determined by the Managing Member(s) or liquidator.
Section 11.05 Company Property Sole Source
Company property is the sole source for the payment of any debts or liabilities owed by the Company.
Any return of capital contributions or liquidation amounts to the Members will be satisfied only to the
extent that the Company has adequate assets. If the Company does not have adequate assets to return
the Members' capital contributions, the Members will have no recourse against the Company or any
other Members, except to the extent that other Members may have outstanding debts or obligations owing
to the Company.
Section 11.06 Sale of Company Assets During Term of the Company
The sale of Company property during the term of the Company does not constitute liquidation,
dissolution, or termination of the Company as defined under this Article. The Company may reinvest
the sale proceeds in other property consistent with the business purposes for the Company. Further, the
Member(s) may participate in any real property exchange as defined in Code Section 1031 if this fulfills
the business purposes of the Company.
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Article Twelve
General Matters
Section 12.01 Successors and Assigns
Subject to the restrictions on transfer provided in this Agreement, this Agreement is binding upon and
will inure to the benefit of the Members, their respective successors, personal representatives, heirs, and
assigns.
Section 12.02 Definitions
For purposes of this Agreement, the following terms have the following meanings:
(a) Act
Act means the Limited Liability Company Act , as amended from time to time.
(b) Additional Member
Additional Member means a Member who is admitted to the Company after the execution of this
Agreement, but who is not a substitute Member.
(c) Additional Capital Contribution
See Capital Contribution.
(d) Affiliated Person
Affiliated Person means a Member, a member of an individual Member's Immediate Family, a Legal
Representative, successor, Assignee, or trust for the benefit of a Member and members of the Immediate
Families of the individual Member, and any corporation or other legal entity of which a majority of the
voting interest is owned by any one or more of Affiliated Persons.
(e) Agreement
Agreement means this Operating Agreement as it may be amended from time to time.
(f) Articles of Organization
Articles of Organization means the Articles of Organization filed with the Secretary of State of Colorado
as required by the Act as amended from time to time, or any other similar instrument as may be required
to be filed by the laws of any other state in which the Company intends to conduct business.
(g) Assignee
Assignee means the recipient of a Membership Interest by Assignment.
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(h) Assignment
Assignment means any method, whether direct or indirect or vvhether voluntary or involuntary, by which
the legal or beneficial ownership of any interest in the Company is transferred or changed, including:
Any sale, exchange, gift, or any other form of conveyance, assignment or transfer;
A change in the beneficial interests of any trust or estate which holds any interest in the Company and
a distribution from any trust or estate;
A change in the ownership of any Member or Assignee which is a corporation, partnership, limited
liability company or other legal entity, including the dissolution of the entity;
A change in legal or beneficial ownership or other form of transfer resulting from the death or divorce
of any Member or Assignee or the death of the spouse of any Member or Assignee;
Any transfer or charge under a charging order issued by any court;
Any levy, foreclosure, or similar seizure associated with the exercise of a creditor's rights in connection
with a mortgage, pledge, encumbrance, or security interest.
Assignment does not include any mortgage, pledge, or similar voluntary encumbrance or grant of a
security interest in any interest in the Company.
(i) Bankrupt
Bankrupt as used in this Agreement means the filing of a petition in voluntary bankruptcy or an
assignment for the benefit of creditors or other action taken voluntarily or involuntarily, by a Member
under any Federal or State law for the benefit of an insolvent party. It does not include any filing of a
petition of involuntary bankruptcy against a Member if the petition is dismissed within 45 days from
the date of filing, nor does it include the issuance of a charging order against the interest of a Member,
if the charging order is removed within 10 days from the service of the charging order.
(j) Capital Contribution
Capital Contribution means the total cash and other consideration contributed and agreed to be
contributed to the Company by each Member. Each Initial Capital Contribution is shown in Exhibit A
of this Agreement, attached to and incorporated into this Agreement. Additional Capital Contribution
means the total cash and other consideration contributed to the Company by each Member other than
the Initial Capital Contribution. Any reference in this Agreement to the Capital Contribution of a current
Member includes any Capital Contribution previously made by any prior Member with respect to that
Member's interest. The value of a Member's Capital Contribution is the amount of cash plus the fair
market value of other property contributed to the Company.
(k) Cash Flow Earnings
Cash Flow Earnings means the net income, including capital gains income, realized by the Company
for the calendar year, reduced or increased according to the following guidelines:
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(1) Reductions of Net Income
Net income will be reduced by the actual payment of items that are not deductible by the Company for
federal income tax purposes, including non-deductible travel and entertainment expenses, charitable
contributions, non-deductible interest payments, the payment of debt principal and interest, the
acquisition of depreciable property during the calendar year to the extent that the cost is not fully
deductible in the year of acquisition, and any other payment that represents an actual decrease in the
cash available to the Company.
(2) Increases in Net Income
Net income will be increased by the amount expended for federal income tax purposes for intangible
costs and expenses. Intangible expenses shall include depreciation, depletion and amortization costs
reported as deductions for federal income tax purposes, but not depreciation reported as an expense that
is deductible under Section 179 of the Internal Revenue Code.
(3) Treatment of Gain on Asset Sale
The gain from the sale of a Company asset will be included in determining the net income of the
Company for distribution purposes to the extent of payments of the gain amount actually received by
the Company for the calendar year. Deferred payments of gain pursuant to an installment sale or other
deferred payment arrangement will be considered as income in the year a payment is actually received.
The computation of Cash Flow Earnings does not include income from a partnership, trust, limited
liability company, or other organization classified by federal tax law as a pass -through entity to the
extent that distributions of income from the pass -through entity are not actually received during the
calendar year or within 60 days after the close of the calendar year. Subsequent distributions to the
Company from a pass -through entity that are attributable to income realized and reported for a prior
year will increase the cash flow earnings for distribution purposes.
Cash Flow Earnings determined for distribution purposes will not include reasonable reserves. Reserves
are amounts reasonably needed for working capital, debt service, deferred maintenance, and for
anticipated capital improvements.
Cash Flow Earnings will take into account the obligation of the Company to the payment obligations of
interest to Members who have advanced funds to the Company as loans and the payment of any
guaranteed payment obligations of the Company. The distribution of earnings may be deferred for a
reasonable time to the extent that the Company does not have available cash to satisfy the distribution
amount. The term "available cash" indicates the actual cash of the Company in checking accounts,
money market funds, and 90 -day Treasury Bills.
(1) Charity
Charity as used in this Agreement includes any organization of a type described in each of Sections
170(c), 2055(a), and 2522(a) of the Internal Revenue Code.
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(m) Charitable Trusts
Charitable Trust as used in this Agreement includes any charitable remainder trust created under
Section 664 of the Internal Revenue Code or any charitable income trust created under Treasury
Regulations Section 1.170A -6(c); Treasury Regulations Section 25.2522(c); or Treasury Regulations
Section 202055-2(e).
(n) Company
Company means 6045 County Road 6, LLC, a Colorado Limited Liability Company.
(o) Delivery
Delivery means:
Personal delivery to a party, or
Mailing by certified United States mail to the last known address of the party to whom delivery is made,
with return receipt requested to the party making delivery, or
Electronic transmission by facsimile to a party, provided that receipt is confirmed in writing or by
electronic transmission back to the sending party, or
Electronic mail transmission to a party, provided that receipt is confirmed in writing or by electronic
mail transmission back to the sending party.
The effective date of delivery will be the date of personal delivery or the date of the return receipt, if
received by the sending party. If no return receipt is provided, then the effective date will be the date
the transmission would have normally been received via certified mail, provided there is evidence of
mailing.
(p) Disability
Disability of a Member means that any one of the following has occurred:
The Member has been declared to be incompetent, incapacitated, or otherwise legally unable to
effectively manage his or her property or financial affairs by a court of competent jurisdiction;
The Member's incapacity has been certified in writing by two licensed physicians, including the
Member's personal physician, after examining the Member, or
The Member has disappeared or is absent for unexplained reasons, causing the Member to be unable to
manage his or her property or financial affairs effectively, or
The Member is being detained under duress or under law, causing the Member to be unable to manage
his or her property or financial affairs effectively.
A Member's disappearance or absence or detention under duress may be established by an affidavit of
any other Member. The affidavit shall describe the circumstances of the individual's disappearance,
absence, or detention and may be relied upon by any third party dealing in good faith with the Company
in reliance upon the affidavit.
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Upon regaining capacity, a formerly incapacitated Member will have all the rights, power, and authority
originally granted to the Member by this Agreement.
(q) Immediate Family
Immediate Family means any Member's spouse, other than a spouse who is legally separated from the
person under a decree of divorce or separate maintenance; parents, parents -in-law, descendants,
including descendants by adoption, brothers, sisters, brothers-in-law, sisters-in-law, and grandchildren -
in -law.
(r) Independent Person
Independent Person means an individual who is not related to or subordinate to a claimant or respondent
of any controversy concerning the Company, is not a Member of the Company, and has no financial
stake in the resolution of the controversy other than fair and reasonable compensation for services
rendered in seeking to resolve the controversy.
(s) Initial Capital Contribution
See Capital Contribution
(t) Internal Revenue Code
References to the Internal Revenue Code or to its provisions are to the Internal Revenue Code of 1986,
as amended from time to time, and the corresponding Treasury Regulations, if any. References to the
Treasury Regulations are to the Treasury Regulations under the Internal Revenue Code in effect from
time to time. If a particular provision of the Internal Revenue Code is renumbered, or the Internal
Revenue Code is superseded by a subsequent federal tax law, any reference is deemed to be made to
the renumbered provision or to the corresponding provision of the subsequent law, unless to do so would
clearly be contrary to the Members' intent as expressed in this Agreement. The same rule applies to
references to the Treasury Regulations.
(u) Legal Representative or Personal Representative
As used in this Agreement, the term "Legal Representative" or "Personal Representative" means a
person's guardian, conservator, executor, administrator, Trustee, or any other person or entity personally
representing a person or the person's estate.
(v) Majority in Interest; 85 percent in interest of the Members
Majority in Interest means that more than 50 votes out of 100 votes that may be cast will determine the
matter subject to the vote.
85 percent in interest of the Members means that at least 85 votes out of the total 100 votes that may be
cast will be determinative of a given matter.
(w) Managing Member
ManagingMember means the Members who are responsible for managing the business of the Company,
or one or more Member Principals who have been appointed by the Members to manage the Company.
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(x) Member
Member means any person or legal entity designated in this Agreement as a Member or any person or
legal entity who becomes a Member as provided in this Agreement.
(y) Manager Principal
Manager Principal means any Manager who has been selected by the Members to represent the
Members in managing the Company.
(z) Members
Members means all of the Members of the Company.
(aa) Member Principal
The term Member Principal refers to a Member who has been appointed by the Members to represent
the Company in operational management.
(bb) Membership Interest
Membership Interest means the ownership interest and rights of a Member in the Company, including
the Member's right to a distributive share of the profits and losses, distributions and the property of the
Company and the right to consent or approve Company actions. All Membership Interests are subject
to the restrictions on transfer imposed by this Agreement. Each Member's interest is personal property
and no Member will acquire any interest in any of the assets of the Company.
Each holder of a Membership Interest will have the right to vote the holder's proportionate interest in
the Company with respect to all matters which all Members have a right to vote under this Agreement
or by law.
Example: A Member with a Membership Interest of 35.5 percent will have a 35.5 percent ownership
interest in the Company, and will have 35.5 votes out of 100 votes that may be cast on matters that
require the consent or affirmative action of the Members.
Membership Interests may be adjusted from time to time as provided in Article Three.
(cc) Person
As used in this Agreement, Person has the same broad meaning as defined in Section 7701(a)(1) of the
Internal Revenue Code. The term specifically includes the Company, its successors and assigns, each
Member or Assignee, their successors, assigns, heirs, and personal representatives. The phrase "each
other person" identifies any individual, corporation, partnership, limited liability company, trust, or
other party whose interest may be affected, adversely or otherwise, by the resolution of any dispute,
contest, or claim.
(dd) Property
Property means all Company property and rights as described in Exhibit A and any property real or
personal, tangible or intangible otherwise acquired by the Company.
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(ee) Securities Act
Securities Act refers to the Securities Act of 1933, as amended.
(ff) Substitute Member
Substitute Member means any person not previously a Member who acquires a Membership Interest
and is admitted as a Substitute Member according to the terms of Section 10.03 of this Agreement.
Section 12.03 Changing the Company's Situs
The situs of this Company may be changed only by the unanimous written consent of all of the Members.
Section 12.04 No Duty to Mail Articles of Organization
The Member(s) do not have an obligation to deliver or snail copies of the Articles of Organization or any
amendments to the Member(s) unless required to do so by the Act.
Section 12.05 General Matters
The following general provisions and rules of construction apply to this Agreement:
(a) Multiple Originals; Validity of Copies
This Agreement may be executed in any number of counterparts, each of which will be deemed to be
an original.
Any person may rely on a copy of this Agreement that the Managing Member(s) certifies to be a true
copy to the same effect as if it were an original.
(b) Singular and Plural; Gender
Unless the context requires otherwise, words denoting the singular may be construed as plural and words
of the plural may be construed as denoting the singular. Words of one gender may be construed as
denoting another gender as is appropriate within the context. The word "or" when used in a list of more
than two items may function as both a conjunction and a disjunction as the context requires or permits.
(c) Headings of Articles, Sections and Subsections
The headings of Articles, Sections, and Subsections used within this Agreement are included solely for
the convenience and reference of the reader. They have no significance in the interpretation or
construction of this Agreement.
(d) Governing Law
This Agreement is governed, construed, and administered according to the laws of Colorado, as from
time to time amended, except as to trust property required by law to be governed by the laws of another
jurisdiction and unless the situs of administration is changed as provided in Section 12.03.
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(e) Notices
Unless otherwise stated, whenever this Agreement calls for notice, the notice will be in writing and will
be personally delivered with proof of delivery, or mailed postage prepaid by certified mail, return receipt
requested, to the last known address of the party requiring notice. Notice will be effective on the date
personally delivered or on the date of the return receipt. If a party giving notice does not receive the
return receipt but has proof that he or she mailed the notice, notice will be effective on the date it would
normally have been received via certified mail. If notice is required to be given to a minor or
incapacitated individual, notice will be given to the parent or legal representative of the minor or
incapacitated individual.
(f) Severability
The invalidity or unenforceability of any provision of this Agreement does not affect the validity or
enforceability of any other provision of this Agreement. If a court of competent jurisdiction determines
that any provision is invalid, the remaining provisions of this Agreement are to be interpreted and
construed as if the invalid provision had never been included in this Agreement.
IN WITNESS WHEREOF the Member(s) have executed this Operating Agreement as of date of the
last Member to sign below.
MEMBER(S):
Dante Paz, LLC
by:'orVa 1" cutteel `'! ee
to �i33...
JoraDocuSigned
an utierrez, Manager
7/6/2022
Date
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EXHIBIT A
Member's Name
Dante Paz, LLC
Member Schedule
Contribution
Cash
Operating Agreement of 6045 County Road 6, LLC
Schedule A
Ownership
100%
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UocuSign Envelope
NAME
IU: UU4bl-b1 t-bUUE-4/15-fiC:9/-1413E5B/9/99
OF CERTIFICATE HOLDER
PLACE OF RESIDENCE
TIME BECAME OWNER
CERTIFICATES ISSUED
FROM WHOM TRANSFERRED
(If Original Issue Enter As Such)
AMOUNT PAID ON
DATE OF TRANSFER
OF SHARES*
TO WHOM TRANSFERRED
CERTIFICATES ISSUED
NUMBER OF SHARES* HELD
(BALANCE)
VALUE OF TRANSFER TAX
STAMP AFFIXED
CERTIFICATE
NOS.
NO. SHARES
CERTIFICATE NOS.
NO. SHARES
Dante
Paz, LLC
Wyoming
7/2022
1
100
Original
ocuSign
Certificate Of Completion
Envelope Id: DC46F51 E6DCE47158C971413E8B79799
Subject: 6045 County Road 6, LLC - Binder Documents.pdf - Shared from
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Anderson Business Advisors
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Las Vegas, NV 89121
info@andersonadvisors.com
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Skyview Investments LLC
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USR APPLICATION - 6045 WCR 6, BRIGHTON, CO
PLANNING QUESTIONNAIRE
Answer the following questions per Section 23-2-260. A, 8, C & E of the Weld County Code. Please type
on a separate sheet. If a question does not pertain to your proposal, please respond with an explanation
— do not leave questions blank.
1. Explain the proposed use and business name.
A: The proposed use is a Residential Therapeutic Center for 16 residents. The existing, use by right,
single family home will be modified as required for compliance with all State and local codes and
regulations. The business name is Countryside Chateau Assisted Living, Inc.
(A second Residential Therapeutic Center for 16 Residents, would be in the long-term planning. It would
be new construction and a separate structure. Although the size of the building would be single story
with a footprint similar in size to the existing structure.)
2. Explain the need for the proposed use.
A: According to the Colorado State Demographic Office the state is forecast to be home to nearly 1.2
million adults over age 65 by 2030, and increase of more than 300,000 from 2020. Further, per the 2021
US Census, Weld, Broomfield, Boulder and Adams Counties have a total od 155,937 people aged 65 or
older. There are about 100 assisted living homes in these counties combined, with fewer choices as the
population per acres, lowers. Our proposed therapeutic center allows for an additional home, for our
elderly, of neighboring counties.
3. Describe the current and previous use of the land.
A: The current use is an occupied single-family home on a large 38.29 -acre parcel. About 1 acre is
currently associated with this use including driveway, parking and outbuildings of a detached garage and
a shed. The remaining 37 or so are not being used. (The second structure would only double the
amount of land associated with this use; less than 2 acres.) The previous use may have been oil and gas
as there is one inactive well on the site.
4. Describe the proximity of the proposed use to residences.
2230 WCR 13, a single-family residence is approximately 700' to the north.
6435 WCR 6, a single-family residence is approximately 2,000; to the east.
1726, 1636 and 1595 WCR 13, are single-family residences approximately 2,250' to the south.
5817 WCR 6, is a single-family home approximately 1,750' to the west.
1
5. Describe the surrounding land uses of the site and how the proposed use is compatible with
them.
A: Surrounding land uses are agricultural and also residential on large parcels. Other than those uses
there is (what appears to be) a petrol -chemical distribution facility, 6512 WCR 6 and about 2500' to the
east.
The existing use is compatible with the surrounding uses and we believe it will continue to be
compatible as a residential property, even though housing more than a single-family unit.
6. Describe the hours and days of operation (i.e. Monday thru Friday 8:00 a.m. to 5:00 p.m.).
A: Hours of operation would be 24 hours a day, and 7 days a week.
7. Describe the number of employees including full-time, part-time and contractors. If shift work is
proposed, detail number of employees, schedule and duration of shifts.
A: There will be up to three shifts (24/7) with up to 7 employees.
8. Describe the maximum number of users, patrons, members, buyers or other visitors that the site
will accommodate at any one time.
A: The Residential Therapeutic Center will expect others, entering and then leaving the site after short
periods of time, to about twelve a week. That would include deliveries, general building maintenance
and services that the residents need or desire, and also the resident's visitors. We anticipate about 4
additional persons, maximum, to be accommodated at any one time.
9. List the types and maximum numbers of animals to be on the site at any one time (for dairies,
livestock confinement operations, kennels, etc.).
A: Animals would be limited to house pets; dogs and cats, and a dozen chickens.
10. List the types and number of operating and processing equipment.
A: There will not be operating and processing equipment on the property.
11. List the types, number and uses of the existing and proposed structures.
A: Existing structures include an occupied single-family home built in 2004, a detached garage used for
vehicle storage, and a shed that allows for storage of miscellaneous maintenance equipment.
2
12. Describe the size of any stockpile, storage or waste areas.
A: A screen will surround the bins or the dumpster required to collect the waste accumulated by the
inhabitants of the home on a regular basis. Details will be worked out after the Operators have
reviewed services and a garbage removal service is contracted.
13. Describe the method and time schedule of removal or disposal of debris, junk and other wastes
associated with the proposed use.
A: Garbage Collection will be done through a commercial contract, on a weekly or bi-weekly basis to
remove the waste, trash, general debris and the recycling that accumulates for this residential use.
Garbage Truck will travel along driveway to a garbage/recycle bin enclosure near the residential
structure. Exact location to be determined.
14. Include a timetable showing the periods of time required for the construction of the operation.
A: The existing building will require modifications to the interior of the structure to allow for the new
use. Modifications to the exterior of the building will include a ramp at the Main Entrance and a patio at
the walk -out level.
The work should take about 6 to 12 months to complete. It will commence only after this new use has
been approved and a successful review of the plans by the CDPHE's FGI (Facility Guidelines Institute)
division.
15. Describe the proposed and existing lot surface type and the square footage of each type (i.e.
asphalt, gravel, landscaping, dirt, grass, buildings).
Driveway — Total area is 12,OOOsf +/-. About 1/3 of area of 4,OOOsf+/-, and starting at culvert/access
point is planned to be asphalt, remainder is currently planned as gravel.
Parking Area — Total area is 15,OOOsf +/-, and is to be gravel.
Entry and Accessible Entry—100sf, concrete and pavers
Garden Areas — To be determined.
Buildings — Total areas of exiting (3) structures is 10,200sf.
16. Now many parking spaces are proposed? Now many handicap -accessible parking spaces are
proposed?
A: The outdoor areas accommodate twenty cars. The attached and detached garage allows for more.
Per IBC Section 1106.2 and 1106.3 regarding the number of Accessible Parking Spaces, one accessible
parking space is required for this Group R-4 occupancy classification. There is enough space to do more
than the one required.
3
17. Describe the existing and proposed fencing and screening for the site including all parking and
outdoor storage areas.
A: Once the garbage removal aspect is solved, a surround will be constructed to screen the planned for
bins and/or dumpster and adopted procedures for the removal of all materials. A patio of about 300sf
at the walk -out level will have a wind -break type wall allowing privacy, security and some protection
from weather.
18. Describe the existing and proposed landscaping for the site.
A: The existing landscaping is minimal. The grounds are the natural, indigenous ground cover. The
proposed landscaping will consist of native grasses and low water plantings and mulches to extend out,
to about 30'-50' from the sides and rear of the building to allow for attractive/inviting outdoor seating
and socializing spaces. The main entry at the front of the building has an existing large garden that will
be professionally maintained as required.
19. Describe reclamation procedures to be employed as stages of the operation are phased out or
upon cessation of the Use by Special Review activity.
A: The current use is residential. The new use will be residential. Modifications will require about a
6-12 month period of time. Reclamation will be as is required for a house remodel and when the work is
limited to interior spaces of the house. Only when completed, the structure will open or begin
operation as the new use, a Residential Therapeutic Center.
20. Describe the proposed fire protection measures.
A: The existing fire sprinkler system will be upgraded to what is required in a state licensed assisted
living facility, that is per NFPA 13R. The fire alarm system will be updated or installed to NFPA 72 code
standards.
21. Explain how this proposal is consistent with the Weld County Comprehensive Plan per Chapter 22
of the Weld County Code.
A: The existing structures and the associated land use and lot surface covers less than 1 acre of the
38.29- acre parcel. A new and viable use for the existing structure supports economical stability while
not putting limits on the use of the land that could support land use goals and objectives of the Weld
County Comprehensive Plan.
22. Explain how this proposal is consistent with the intent of the zone district in which it is located.
(Intent statements can be found at the beginning of each zone district section in Article III of
Chapter 23 of the Weld County Code.)
A: The intent of the zone district is to protect agriculture resources from uncontrolled and undirected
business and residential land uses. The intent of this new use is to find greater use, or value of an
4
existing structure. This use comprises about 1 acre of the parcel. Even with the addition of a second
structure, about 36 acres remain available for agricultural endeavors/uses.
23. Explain how this proposal will be compatible with future development of the surrounding area or
adopted master plans of affected municipalities.
A: This proposal allows for the families of aging relatives who inhabit the surrounding, higher density
municipalities, stay in close proximity to those family members and while appreciating the nature and
character of the land and open land in one of the most productive counties in the state.
24. Explain how this proposal impacts the protection of the health, safety and welfare of the
inhabitants of the neighborhood and the County.
A: Private -pay facilities are highly controlled and highly maintained environments. Traffic in and out is
limited to deliveries and services needed to operate and maintain the property, and support the
residents. This proposed use will only increase the health, safety and welfare of inhabitants of the
neighborhood and the County. The new use would allow added value to existing property and
structure, while not taking away from the value of the land.
25. Describe any irrigation features. If the proposed use is to be located in the A (Agricultural) Zone
District, explain your efforts to conserve prime agricultural land in the locational decision for the
proposed use.
A: No irrigation system exists or is planned for. See Drainage Narrative for water flow.
26. Explain how this proposal complies with Article V and Article XI of Chapter 23 if the proposal is
located within any Overlay Zoning District (Airport, Geologic Hazard, or Historic Townsites
Overlay Districts) or a Special Flood Hazard Area identified by maps officially adopted by the
County.
A: The Weld County Property Portal, Land Use map does not indicate a flood hazard area or any Overlay
District on or near this parcel.
27. Detail known State or Federal permits required for your proposed use(s) and the status of each
permit. Provide a copy of any application or permit.
A: A State license is required to operate as an Assisted Living Facility. (Weld County Land Use
Tables/code categorizes this as Residential Therapeutic Center.) The application will be submitted only
after this Special Use Review has been approved. A license would only be available about 12 months
after this USR Application has been approved, the modifications have been completed, and a successful
inspection has been conducted by the State's DFPC and CDPHE personnel.
5
USR APPLICATION - 6045 WCR 6, BRIGHTON, CO
PUBLIC WORKS QUESTIONNAIRE
Answer the following questions per Section 8-11-40, Appendix 8-Q and Section 8-14-10 of the Weld
County Code. Please type on a separate sheet. If a question does not pertain to your proposal, please
respond with an explanation — do not leave questions blank.
1. Describe the access location and applicable use types (i.e., agricultural, residential,
commercial/industrial, and/or oil and gas) of all existing and proposed accesses to the parcel.
Include the approximate distance each access is (or will be if proposed) from an intersecting
county road. State that no existing access is present or that no new access is proposed, if
applicable.
A: This use type is residential and the proposed use type shall be residential. A single, existing Access to
the parcel is directly south of the structure. This Access to the parcel is from WCR 6. This is a corner
parcel; the approximate distance from the intersection of WCR 13 and WCR 6, is 300' to the east. A new
Access is in the planning stages and driven by the County's future road work.
2. Describe any anticipated change(s) to an existing access, if applicable.
A: Weld County is planning a Roundabout at that intersection. Completion time is to be about three
years. This plan requires the access to be moved about 450'-500', and further to the east, and per this
change, the access to the parcel will be about 800' east of the intersection of WCR13 and WCR6.
3. Describe in detail any existing or proposed access gate including its location.
A: There is no existing access gate and no proposed access gate.
4. Describe the location of all existing accesses on adjacent parcels and on parcels located on the
opposite side of the road. Include the approximate distance each access is from an intersecting
county road.
A: The closest accesses on adjacent parcels are:
• An existing oil and gas access entrance to remain is 1000' to the east, north side.
• An access to a residential property is approximately 2,000' to the east. on the north side.
• Two access are to the west approximately 1600', one of north, one of south side of WCR 6.
1
5. Describe any difficulties seeing oncoming traffic from an existing access and any anticipated
difficulties seeing oncoming traffic from a proposed access.
A: Land is flat. There are no structures or vegetation that block or interfere with views in any direction.
6. Describe any horizontal curve (using terms like mild curve, sharp curve, reverse curve, etc.) in the
vicinity of an existing or proposed access.
A: There are no curves. The road layout is a grid; WCR 13 travels N -S and WCR 6 travels E -W.
7. Describe the topography (using terms like flat, slight hills, steep hills, etc.) of the road in the
vicinity of an existing or proposed access.
A: The land is flat in all directions.
2
USR APPLICATION - 6045 WCR 6, BRIGHTON, CO
ENVIRONMENTAL HEALTH QUESTIONNAIRE
Answer the following questions per the Weld County Code, Chapters 14, 23 and 30. Please type on a
separate sheet. If a question does not pertain to your proposal, please respond with an explanation — do
not leave questions blank.
1. Discuss the existing and proposed potable water source. If utilizing a drinking water well, include
either the well permit or well permit application that was submitted to the State Division of
Water Resources. If utilizing a public water tap, include a letter from the Water District, a tap or
meter number, or a copy of the water bill.
A: Potable water source is city water supplied by Central Weld County Water District. Tap number is
#1944; a bill is included. There will be an additional water share purchased to accommodate the
anticipated increased capacity/use.
2. Discuss the existing and proposed sewage disposal system. What type of sewage disposal system
is on the property? If utilizing an existing on -site wastewater treatment system, provide the on -
site wastewater treatment permit number. (If there is no on -site wastewater treatment permit
due to the age of the existing on -site wastewater treatment system, apply for a on -site
wastewater treatment permit through the Department of Public Health and Environment prior to
submitting this application.) if a new on -site wastewater treatment system will be installed,
please state "a new on -site wastewater treatment system is proposed." (Only propose portable
toilets if the use is consistent with the Department of Public Health and Environment's portable
toilet policy.)
A: Existing sewage disposal system is a private septic system. Septic Permit number is SP -0400266, SP -
1900111. Permit documents are included. The system has (2) side -by -side leach fields located about
110' north of the structure. This system will be modified to accommodate the anticipated increased
capacity and use.
3. If storage or warehousing is proposed, what type of items will be stored?
A: There is no warehouse proposed. Storage will be limited to equipment and supplies directly related
to housing 16 persons, and to ensure continued operation in emergency situations. No additional
storage facilities are required.
4. Describe where and how storage and/or stockpile of wastes, chemicals, and/or petroleum will
occur on this site.
1
A: Waste will be the typical household waste. It will be placed in bins or a dumpster and collected
weekly or bi-weekly by a contracted waste disposal service. The bins or dumpster will be located at a
place most convenient to the operators of the Center and the waste disposal service.
5. If there will be fuel storage on site, indicate the gallons and the secondary containment. State
the number of tanks and gallons per tank.
A: There will be no fuel storage on the site.
6. If there will be washing of vehicles or equipment on site, indicate how the wash water will be
contained.
A: There will not be any washing of vehicles or equipment of the site.
7. If there will be floor drains, indicate how the fluids will be contained.
A: Floor drains do exist in the laundry room and in the lower -level utility room. These drains are
included in the waste water piping system. Fluids will be directed to the sewage disposal system on the
property
8. Indicate if there will be any air emissions (e.g. painting, oil storage, etc.).
A: There will be no air emissions.
9. Provide a design and operations plan if applicable (e.g. composting, landfills, etc.).
Not applicable.
10. Provide a nuisance management plan if applicable (e.g. dairies, feedlots, etc.).
Not applicable.
11. Additional information may be requested depending on type of land use requested.
COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT Health Facilities and Emergency
Medical Services Division STANDARDS FOR HOSPITALS AND HEALTH FACILITIES CHPATER 7 - ASSISTED
LIVING RESIDENCES 6 CCR 1011-1 Chapter 7 will be adhered to.
2
USR (PRE21-266) Application - Completeness Review / Revisions to Land Use Application
12/05/2023
Parcel Number: 146919300067
Owner: 6045 County Road 6 Trust
PLANNING COMMENTS
1. Weld County Planning Completeness Review Form is included with this communication.
2. The trustee documentation for 6045 County Road 6 Trust is included. (3 files, 2a,b&c)
3. Regarding "the state permit", there has been no permit applied for and there has been no
inspection. If this comment is in regards to the licensing of a Residential Therapeutic Center
an inspection will occur by CDPHE, only when all modifications to this structure are
completed and pass inspections by all other agencies, both local and state.
4. The USR Map has been revised to identify the proposed access and property line. It is
included in this submittal.
5. A letter from CWCWD is included with this submittal, stating that the District has no
immediate concerns that would prevent moving forward with the application. A copy of the
letter from Central Weld County Water District is included with this submittal.
ENGINEERING COMMENTS
6. The Drainage Narrative has been revised to address the issue of storm water detention and
per the specific requests of Melissa King, Engineering, Weld County. It is included with this
submittal.
PUBLIC HEALTH COMMENTS
7. The Environmental Health Questionnaire has been revised to include the statement
regarding conformance to the all CDPHE regulations of 6 CCR 1011-1 Chapter 7. The revised
Health Questionnaire is included with this submittal.
Compiled and submitted by:
Mimi Florance (for Jordan Gutierrez)
0:970-314-2903
c:303-887-3447
Drainage Narrative
1. The property currently has several existing improvements including a Single -Family Residence
on Ag, a detached garage, and a detached shed. Additional improvements include a fence on the
East property line, an overhead utility line to the South along County Road 6, three gas valves to
the East of the House, and water appurtenances to the East. As for proposed improvements,
there are plans to add a building to the north of the existing detached garage. However, details
regarding the type and use of this proposed building are currently unavailable. There are plans
to change the existing access road off County Road 6 running to the existing Single -Family
Residence. Along with plans to change the intersection of County Road 13 and County Road 6
into a roundabout.
2. The change of use does not increase the imperviousness of the site area.
3. The subject property has normal rainfall and no outside water flow.
4. Water runs away from the existing house to Bull Canal and borrow or irrigation ditches along
County Road 13 and County Road 6.
5. Water Flows naturally away from the existing House. North from the house to Bull Canal, East of
the House to ag land then onto borrow ditch along County Road 6, South of the house to the
borrow ditch along County Road 6, West of the house runs either north along borrow ditch
along County Road 13 or South along the borrow ditch along County Road 13 then heads east
along the borrow ditch of County Road 6.
6. No previous or current drainage issues with the property.
7. Bull Canal is adjacent to the subject property and is to the north.
8. N/A
USR APPLICATION - 6045 WCR 6, BRIGHTON, CO
TRAFFIC NARRATIVE
1. Describe how many roundtrips/day are expected for each vehicle type: Passenger Cars/Pickups,
Tandem Trucks, Semi-Truck/Trailer/RV (Roundtrip = One (1) trip in and One (1) trip out of site.
A: During the operation of the Residential Therapeutic Center, traffic to and from the property is quite
limited. Residents who will be living at this Residential Therapeutic Center will not be driving.
Passenger Cars belonging to staff, visitors to the residents, and deliveries might total about five
roundtrips/day. Vans would be the likely vehicle for deliveries; one roundtrip/week should be expected.
A Garbage Truck should be expected for one or two roundtrip/week. Pickup trucks would be the vehicle
when tradespeople would be required for maintenance repairs; one roundtrip/monthly.
Although traffic would likely be greater when modifications of the building begin. Most of the
modification to the existing building will be limited to the interior of the structure. Modifications are
not structural. Tradespeople could number maybe 2-3 vehicles a day throughout the period of building
modification. Building material would be expected to make a roundtrip/week as work begins.
There will be modifications to the existing utilities at the property. Those modifications typically will
utilize larger vehicles but again those roundtrips are temporary only.
All building and property modifications and the related traffic should be complete within a 6-12 month
period of time.
2. Describe the expected travel routes or haul routes for the site traffic.
A: During the operation of the Residential Therapeutic Center the expected - main travel routes will be
Passenger Cars and delivery trucks (Vans) coming from the north and from the south on WCR 13.
3. Describe the travel distribution along the routes (e.g. 50°0 of traffic will come from the north,
20°o from the south, 30°a from the east, etc.)
A: 45% from the north, 45% from the south, 8% from the west, 2% from the east.
4. Describe the time of day that you expect the highest traffic volumes.
A: Garbage Trucks, Deliveries (day to day living supplies), Staff, and maintenance workers when needed
would likely occur before noon.
USR APPLICATION - 6045 WCR 6, BRIGHTON, CO
SIGN PLAN
Address: 6045 County Road 6, Brighton, CO
Zone District: Agricultural (A)
Regulation: Weld County Code, Division 2 - Signs, Sections 23-4-60 through 23-4-120, and the
document titled: Weld County Sign Code Update.
Parcel Size: 38.29 Acres.
Type: Freestanding / Monument
Quantity: 2 Signs, allowed per Section 23-4-90, B, 2a.
Size/Configuration: Final configurations to be determined. Size and configurations shall meet the
requirements as stated in Section 23-4-90, B, 2c. The signs will be less than 10' in height,
from grade to highest point of the sign, and less than 90sf. Sign 1 at the intersection of
WCR 13 and WCR 6, S -W corner of parcel, will be a 2 -face sign and greater than 45
degrees; size shall be per computation requirements of Section 23-4-10, B.
Design:
Lighting:
Design to be determined. Schematic design most likely will include a masonry base of a
rock product to match that on existing residential building.
Lighting of the signs shall conform to Section 23-4-70, B. Schematic ideas are lighting
fixtures at grade to up -light the face of the signs and solar powered. The sign indicating
the entrance/access to the driveway shall be sufficiently lit due to the location, relative
to distance from the building.
Locations: See the Schematic Site Plan. Sign 1 to be located at the S -W corner and positioned so
that it is visible to traffic approaching from the north and the south. Sign 2 shall be
located at the access to the driveway and about 800' east from the intersection of
WCR13 and WCR6.
Setback and Offsets: Per Section 23-4-120, locations of the signs shall conform with regulations of SIGHT
DISTANCE TRIANGLE and regulations relative to RIGHT-OF-WAY line, and "future" Right -
Of -Way line as it may apply, relative to proposed road work.
1
WCR 6
N
PROJECT
NORTH
U
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z
J
CC
0_
CC
0_
Q
X
CL
CL
Q
FUTURE
ROUND-
ABOUT
U
APPROXIMATE RP OPERTY UNE
,
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EXIST'G
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SIGN 1
2 —face
@ ROW line,
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PROPOSED DRIVEWAY
EXIST'G
DRIVEWAY/ACCESS
APPROXIMATE PROPERTY LINE
6045 WCR 6
Parcel no. 146919300067
38.29 Acres
NOTE: SITE PLAN IS SCHEMATIC ONLY.
LOCATION OF STRUCTURES, DRIVEWAY
AND PARKING AREAS ARE APPROXIMATE.
/-SIGN 2
@ ROW line
APPROXIMATE LOCATION
OF NEW DRIVEWAY/ACCESS
A
�i4/,\\
\
SCHEMATIC SITE/SIGN PLAN
\
NO SCALE
February 5, 2025
Maxwell Nader, Chris Gathman
Department Of Planning Services
1402 North 17th Ave
Greeley, CO 80631
Subject: USR23-0046 -- A Site -Specific Development Plan, and Use by Special Review Permit, for a
Residential Therapeutic Center in the A (Agricultural) Zone District.
This communication is in regards to the need to determine compliance with C.R.S.24-65.5-103, and the
required notification to all mineral estate owners or lessees, 30 days prior to any public hearing.
We have used the Buffer Report submitted previously and the listed parcels to do this research. The
Buffer Report, a required document for the USR Application, was prepared at an earlier date but the
content was verified on this day and is current.
This list of fifteen parcels has shown that there are no records of Mineral Ownership; no mineral owners
or lessees indicated. We used the search tool "Mineral Ownership Listing by Legal Description" at the
Weld County Assessor's Office website to determine this.
Thank you,
i
7
� V
MiFI, raryce, Authorized Agent (for Jordan Gutierrez)
o: 970-41d-2903
Notice of Inquiry
Weld County
Pre
-application
Case ##
PRE21-o266
Date
of Inquiry
9/14/2021
and
follow
up
2/8/2022
Municipality
Fort
Lupton
CPA
Name
of
Person
Inquiring
Jordan Gutierrez
Property
Owner
Jordan,
Marie,
and
Lisa Gutierrez
Planner
Maxwell Nader
Planner
Phone Number
970-4OO-3527
Planner
Email
Address
mnader@weldgov.com
~
Legal
Description
Sung a
County,
part
of
the
SW4 of
Section 19, TIN,
R67W of the
6th
P.M., Weld
Panel
Number
146919300067
Nearest
Intersection
CR 6 and CR 13
Type
Inquiry
Residential
assisted Living
home/Residential
Therapeutic
Center
of
The above person met with County Planning staff about developing a parcel of land inside your designated
Intergovernmental Agreement/Coordinated Planning Agreement Boundary.
/V/ et,
/////7` c
County Planner's signature
Would you life to pursue annexation of this property? Na YES _
Date of Contact
Comments:
Signature of Municipality Representative Title Date
Please sign and date to acknowledge that the applicant has contacted you
and return this signed form to Weld County Department of Planning Services.
Weld County Planning Department
1555 N 17th Ave, Greeley, CO 80631 (970) 400-6100 � (97O) 304:s49s Faux
20181107
Weld County Treasurer
Statement of Taxes Due
Account Number 82934004
Assessed To
Parcel 146919300067
GUTIERREZ E MARIE
6045 COUNTY ROAD 6
BREW rroN, CO 80603-9015
Legal Description
PT S2SW4 19-I-67 LYING WLY OF O1, OF ABDiN TRACK OF BOULDER BRANCH OF UPRR LYING SLY OF A STRIP OF LAND
60' WIDE FOR THE EAST BRANCH OF THE BULL CANAL BEG Std' COR SEC 19 WLY OF SW4 NOD29'W 1081 X45' TO A POINT
ON SLY LN STRIP OF LAND 60' WIDE FOR THE E BRANCH OF THE BULL CANAL SLY LtN 35' OR EXTENDING Additional
Legal on File
Year
Tax
Interest
Fees
Situs Address
6045 COUNTY ROAD 6 WELD
Payments
Balance
Tax Charge .
2022
Total fax (_`harg.e
Grand Total Due as of 10/18/2023
Tax Billed at 2022 Rates for Tax Area 4720 - 4720
$7,078.44
$0.00
$0.00
PS. ,O,_8 44)
$0.00
Authority
VELD COUNTY
SCHOOL DIST REB
NORTHERN COLORADO WATER
(NC
MOUNTAIN VIEW FIRE
AIMS JUNIOR COLLEGE
HIGH IGH PLAINS LIBRARY
.,nts, r _
Taxes Billed 2022
SENIOR
Net Taxes Billed for 2022
* Credit Levy
Mill Levy
15.0380000*
18.3360000
10000000
16.2470000
6.3070000
3.1810000
60.1090000
Amount
$1;875.39
$2,28.6.68
$124.71
$2.026.17
$756.55
$396 70
$7,496.20
($417 76)
$7,078.44
Values Actual
AG -DRY FARM LAND $6,388
FARM/RANCH $1,770,040
RESIDENCE-1MP5
$0.00
Assessed
$1,690
$123,020
Total $1,776,428 $124.710
ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE
LI€NHOLDER OR TO ADVERTISING AND DISTRAINT WARRANT FEES.
CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE CONTACTED PRIOR TO REMITTANCE AFTER THE
FOLLOWING DATES: PERSONAL PROPERTY, REAL PROPERTY, AND MOBILE HOMES - AUGUST 1
TAX LIEN SALE REDEMPTION AMOUNT$ MUST BE PAID BY CASH OR CASHIER'S CHECK.
POSTMARKS ARE NOT ACCEPTED ON TAX LIEN SALE REDEMPTION PAYMENTS. PAYMENTS MUST BE IN OUR OFFICE AND
PROCESSED BY THE LAST BUSINESS DAY OF THE MONTH
Weld County Treasurer's Office
1 400 N 17th Avenue
PO Box. 458
Greeley, CO 80632
Phone: 9700290
Pursuant to the Weld Counter Subdivision Ordinance, the attached Statement of Taxes Due
issued by the Weld County Treasurer are evidence that as of this datev all current and prior year
taxes related to this parcel have been Raid in full.
Jc
f tralSigned:
Date:
C
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