HomeMy WebLinkAbout20232475.tiffRESOLUTION
RE: APPROVE VACATION OF SPECIAL USE PERMIT, SUP -299 - AFFORDABLE
OWNER, LLC, C/O RANDALL CLARK
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, by Resolution dated June 7, 1976, the Board approved Special Use Permit,
SUP -299, for a commercial dog boarding kennel in the A (Agricultural) Zone District, for
George Thompson, Jr., on the following described real estate, to -wit:
Part of the NE1/4 of Section 25,
Township 1 North, Range 68 West of the 6th
P.M., Weld County, Colorado
WHEREAS, the Board has received a request from the current property owner, Affordable
Owner, LLC, c/o Randall Clark, 3465 South Gaylord Court, A216, Englewood, Colorado 80113,
to vacate said Special Use Permit/Use by Special Review Permit, SUP -299, on the following
described real estate, to -wit:
Lot A of Lot Line Adjustment, LLA23-0009;
being part of the NE1/4 of Section 34,
Township 5 North, Range 65 West of the 6th
P.M., Weld County, Colorado
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the recommendations of the
Department of Planning Services staff and all of the exhibits and evidence presented in this matter
and, having been fully informed, deems it advisable to approve said vacation.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that Special Use Permit, SUP -299, be, and hereby is, vacated.
4920162 Pages: 1 of 2
09/12/2023 lyKoppe,lClerk a4 n1d Recorder, Weld county , CO cc, PL. (T?/MIJ/DA) APPL., 2023-2475
PL0590
o' /22 /23
VACATION OF SPECIAL USE PERMIT, SUP -299 - AFFORDABLE OWNER, LLC,
C/O RANDALL CLARK
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 23rd day of August, A.D., 2023.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: Wtt
SJ
Weld County Clerk to the Board
BY. 1 . 1,c)aA to i a..
Deputy Clerk to the Board
AP":VEDORM:
ount ttorney/
Date of signature: ItZ-01Z 5
4920162 Pages: 2 of 2
09/12/2023 10:44 AM R Fee:$0.00
Carly KSPPSS, Ciark and Reoorder, Weld County , CO
VIII IV���.r�RC�r'�'I'IrfM�k 1 Nr4G �'GI��lY�r� W+�114 II III
Mikeeman, Chair
Per , L. = ck, Pro -Tern
2023-2475
PL0590
MEMORANDUM
To: Board of County Commissioners
From: Diana Aungst, Planner Ill
Subject: Vacation of SUP/USR-299 - kennel
Date: August 23, 2023
The Department of Planning Services received a request, dated May 10, 2023, to vacate
SUP/USR-299. SUP/USR-299 is for a dog kennel that has not be utilized by the property owners
for many years.
The Department of Planning Services is recommending approval of this vacation.
Background information:
Legal Description: Lot A of Lot Line Adjustment LLA23-0009; being part of the NE4 of Section
34, T5N, R65W of the 6th P.M., Weld County, CO
Location:
June 7, 1976:
South of and adjacent to CR 52 and west of and adjacent to CR 45.
SUP/USR-299 was approved by the Board of County Commissioners on
June 7, 1976, and recorded with the Weld County Clerk and Recorder on
June 10, 1976 under reception #1690823. The SUP/USR was approved
for: The commercial boarding dog kennel on the hereon described 1.32
acre parcel located in part of the NE4 of the SW4 of Section 25, Township
1 North, Range 68 West of the 6th P.M., Weld County, Colorado shall be
limited to a maximum of 150 dogs.
2023-2475
Z5/Z3 FL0590
Date: May 10, 2023
To Whom It May Concern,
The current owner (Affordable Owner LLC) of the property located at 1492 County Rd. 11 in
Erie, CO 80516 (parcel: 146725000020), with the legal description of: 24947A PT SW4 25 1 68
BEG NW COR 50006'W 1325.5' N89D58'E 1646.6' TO TRUE PT OF BEG N89D58'E 1019' M/L
N0D56'E 1270.8' S89D54'W 1039.8' S1269.3' TO TRUE BEG desires to vacate the prior USR that
had been pursued for the purposes of housing a dog kennel — SUP -299. This use is no longer
consistent with the pursuits of the owner.
Sincerely,
Ju tin Riley
Authorized Agent for Affordable Owner LLC
1690B2J
KINDERLYNN FARM & BOARDING KENNELS
r
DESCRIPTION,
RANtJALL S LAWRENCE
PROPERTY OWNERS APPROVAL,
n -
PLANNING COMMISSION UNIT
DEVELOPMENT CERTIFICATION
>cex as n[x[ox snoux axo o[scnisso is�_onr ors ,1jEt oenomc F,BIT °., oEv[ww[x.
4f44.4.142.1. -
in
BOOF COUNTY COMMISSIONERS
UNEVELOPMENT CERTIFICATEr
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AUOLPN COO. CO
26
35
36
LOCATION MAP "Q
3i
DEPARTMENTS OF PLANNING
BUILDING, DEVELOPMENT REVIEW
AND ENVIRONMENTAL HEALTH
1555 NORTH 17Th AVENUE
GREELEY, CO 80631
AUTHORIZATION FORM
Randall Clark Justin Riley
(We), give permission to
(Owner — please print) (Authorized Agent/Applicant—please print)
to apply for any Planning, Building, Access, Grading or OWTS permits on our behalf, for the property located
at (address or parcel number) below:
1492 County Road 11, Erie, CO 80516; parcel: 146725000020
fun legal: 4947A PT SW4 25 168 BEG NW COR S0D06'W 1325.5' N89D58'E 1646.6' TO TRUE PT OF BEG N89D59'E 1019' M/L NOD56'E 1270.8' 1 9O54'W 1039.8' S1269.3' TO TRUE BEG
Legal Description: of Section 25 , Township N, Range 68 W
Lot Block
Subdivision Name:
Property Owners Information:
Address: 3465 south Gaylord court, A 216 Englewood, CO 80113
Phone:
303-898-9944 E-mail: rclark@gohomeport.com
Authorized Agent/Applicant Contact Information:
Address: 6580 Holman St. #101 Arvada, CO 80004
Phone:
720-201-1625 E -Mail: Justin@revolveinvestments.com
Correspondence to be sent to: Owner a Authorized Agent/Applicant ia by: Malin_ Email,
Additional Info:
I (We) hereby certify, under penalty of perjury and after carefully reading the entire contents of this
document, that the information stated above is true and correct to the best of my (our) knowledge.
C.twe_ Date ) \-
Owner Signature
5t -,t4 Col viado
�}f�hae IS )J , 20 Z �
601v1`/ Subscribed and sworn to before me this �day of �/Gl � VGl1 by
kflher-k ,Dayd4 /1 Ca: ( .
Date
My commission expires /149v 3 0 i Z d Zc
NATHAN FOREST BURNS
NOTARY PUBLIC - STATE OF COLORADO
NOTARY ID 20214046327
MY COMMISSION EXPIRES NOV 30, 2025
Owner Signature
\1\16divva_F ,E(44J‘
Notary Public
Affordable Owner, LLC
STATEMENT OF AUTHORITY
1. This Statement of Authority relates to an entity named, Affordable Owner, LLC
And is executed on behalf of the entity pursuant to the provisions of Section 38-30-172, C.R.S.
2. The type of entity is a: Limited Liability Corporation "LLC"
3. The entity is formed under the laws of: Delaware, registered in Colorado as a Foreign
LLC
4. The mailing address for the entity is, 2664 N. Geneva Terrace. Chicago. IL 60614
5. The name position of each person authorized to execute instruments conveying,
encumbering, or otherwise affecting title to real property on behalf of the entity is
Randall Clark (Member\Manager\Owner)
6. The authority of the foregoing person (s) to bind the entity is: "Not Limited"
7. Effective on this day; January 24, 2023
SIGNATURE MEMBERS:
1\3i z3
Randall Clark Date
Z,,ka
ACKNOWLEDGEMENT OF NOTARY PUBLIC
STATE OF COLORADO.
25
COUNTY OF IV,PU1 �r 06 .
On this day, personally appeared before me, I `ahc4 Rowdo �r C6/ Gk', to me known to be the person(s)
described in and who executed the within instrument, and acknowledged that they signed the same as their
voluntary act and deed, for the uses and purposes therein mentioned.
Witness 2 y hand and official seal hereto affixed on this 3/5-i day of c/ A. V) V dt f k/
�
zo gaVW/4, F l!l)S
Notary's Public Signature
NATHAN FOREST BURNS
I NOTARY PUBLIC - STATE OF COLORADO
0 NOTARY ID 20214046327
MY COMMISSION EXPIRES NOV 30, 2025
//OV 30) z) Z (Date)
My Commission Expires
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AMENDED AND RESTATED LIMITED LIABILITY COMPANY AGREEMENT
OF
AFFORDABLE OWNER, LLC
This Amended and Restated Limited Liability Company Agreement (this "Agreement"),
dated as of June 24, 2022 (the "Effective Date") of Affordable Owner, LLC, a Delaware limited
liability company (the "Company"), is made by GHP Affordable Holdings, LLC, a Delaware
limited liability company, as the sole member (the "Sole Member") of the Company.
RECITALS
WHEREAS, the Company was formed pursuant to and in accordance with the Delaware
Limited Liability Company Act, 6 Del. C. § 18-101 et seq. (as amended from time to time, the
"Act"), by filing with the Secretary of State of Delaware on May 9, 2022 a Certificate of Formation
for the Company pursuant to Section 18-201 of the Act (as such Certificate may hereafter be
amended, modified or supplemented from time to time, the "Certificate");
WHEREAS, Sole Member acquired all of the membership interests in the Company from
Affordable RV Storage, LLC, a Colorado limited liability company, pursuant to that certain
Transfer and Assignment of Membership Interests dated June 24, 2022;
WHEREAS, Sole Member now desires to amend and restate in its entirety pursuant and
subject to the terms and conditions of this Agreement that certain Limited Liability Company
Agreement of the Company dated effective as of May 9, 2022; and
WHEREAS, by adopting and entering into this Agreement, the Sole Member desires to set
forth provisions governing the ownership and affairs of the Company, to be binding upon the
Company and the Sole Member to the fullest extent permitted under the Act, and hereby agrees as
follows:
NOW, THEREFORE, intending to be legally bound, the Sole Member hereby adopts and
agrees to the provisions of this Agreement as the limited liability company agreement of the
Company, as described and provided in Section 18-101(9) of the Act.
ARTICLE I
GENERAL
1.1 Purpose and Power. The purpose and business of the Company shall be to conduct
any business or activity that may be lawfully conducted by a limited liability company organized
pursuant to the Delaware Limited Liability Company Act (the "Act'), and the Company shall have
all of the powers of a limited liability company conferred by the Act. Any or all of the foregoing
activities may be conducted directly by the Company or indirectly through another company, joint
venture or other arrangement.
1.2 Term. The Company shall have perpetual existence and shall continue until it is
dissolved by the written consent of the Sole Member. Upon the dissolution or termination of the
Sole Member, its legal representative or successor shall become a member of the Company and
shall exercise all rights and powers conferred upon the Sole Member by this Agreement.
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13 LLC Agreement. To the full extent permitted by the Act, this Agreement shall
control as to any conflict between this Agreement and the Act or as to any matter provided for in
this Agreement that is also provided for in the Act.
1.4 Additional Members. Additional members shall be admitted only by written
amendment of this Agreement executed by the Sole Member.
ARTICLE II
CAPITAL CONTRIBUTIONS
2.1 Prior Capital Contribution. The Sole Member, or its predecessor, has contributed
to the Company the amounts, property or services set forth in the books and records of the
Company.
2.2 Additional Capital Contributions. The Sole Member may, but shall not be
required to, make additional capital contributions to the Company, in its sole discretion.
23 Sole Member Loans and Other Debt. The Company may borrow funds from any
source, including the Sole Member. Any loan made by the Sole Member to the Company shall be
payable out of the first available funds, including proceeds from the sale of all or any portion of
the assets of the Company.
2.4 Return of Capital Contributions. Capital contributions shall be expended in
furtherance of the business of the Company. All costs and expenses of the Company shall be paid
from its funds. No interest shall be paid on capital contributions.
2.5 Enforcement of Capital Contribution Obligations. The Sole Member holds a
100% membership interest that is duly authorized and validly issued hereby. Except as expressly
agreed in writing by the Sole Member, no person other than the Sole Member shall have the right
to enforce any obligation the Sole Member may undertake to contribute capital to the Company,
and specifically no lender or other third party shall have any such right.
ARTICLE III
DISTRIBUTIONS
The Company may make distributions of cash or other assets of the Company to the Sole
Member at such times and in such amounts as the Sole Member shall determine.
ARTICLE IV
ALLOCATION OF PROFIT AND LOSS
4.1 Determination of Profit and Loss. Profit or loss shall be determined on an annual
basis and for such other periods as may be required.
4.2 Allocation of Profit and Loss. The Company is and at all times shall be a business
entity that, solely for federal income tax purposes, is disregarded as an entity separate from its
owner. All items of Company profit, loss, income, gain, deduction and credit shall, for federal
income tax purposes, be attributed to the Sole Member.
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ARTICLE V
MANAGEMENT
5.1 Management Authority. Management of the Company shall be vested in the Sole
Member. The Sole Member shall have the power and authority to conduct the business of the
Company and is hereby expressly authorized on behalf of the Company to make all decisions with
respect to the Company's business and to take all actions necessary to carry out such decisions.
All documents executed on behalf of the Company need only be signed by the Sole Member or by
an authorized representative of the Company. An authorized representative properly appointed
pursuant to this Agreement may sign those documents that relate to the power and authority
generally or specifically granted to such authorized representative by the Sole Member or by this
Agreement.
5.2 Reliance by Third Parties. No third party dealing with the Company shall be
required to ascertain whether the Sole Member is acting in accordance with the provisions of this
instrument. All third parties may rely upon a document signed by the Sole Member as binding the
Company.
5.3 Resignation. The Sole Member may resign at any time by giving written notice of
resignation to any authorized representative of the Company. Unless otherwise specified in the
notice, the resignation shall take effect upon receipt by any such authorized representative and
acceptance of the resignation by such person shall not be necessary to make it effective.
5.4 Implied Covenants; No Additional Duties. There are no implied covenants of
the Sole Member contained in this Agreement other than those of the contractual covenant of good
faith and fair dealing. The Sole Member shall not have any fiduciary or other duties to the
Company except as specifically provided by this Agreement, and the Sole Member's duties and
liabilities otherwise existing at law or in equity are restricted and eliminated by the provisions of
this Agreement to those duties and liabilities specifically set forth in this Agreement.
Notwithstanding any contrary provision of this Agreement, in carrying out any duties hereunder,
the Sole Member shall not be liable to the Company for breach of any duty for the Sole Member's
good faith reliance on the provisions of this Agreement, the records of the Company, or such
information, opinions, reports or statements presented by any authorized representative, or
employee of the Company, or by any other person as to matters the Sole Member reasonably
believes are within such other person's professional or expert competence. The preceding sentence
shall in no way limit any person's right to rely on information to the extent provided in Section
18-406 of the Act.
ARTICLE VI
OFFICERS
6.1 Number and Qualification. From time to time, the Sole Member may appoint
such officers of the Company as it deems appropriate. The officers of the Company may consist
of a Chief Executive Officer, a President, a Treasurer, a Secretary, a Chief Financial Officer, one
or more Assistant Secretaries, one or more Executive Vice Presidents and such other officers as
may from time to time be elected by the Sole Member. Each officer shall hold office until his or
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her successor is elected and qualified or until his or her earlier resignation or removal. Any number
of offices may be held by the same person.
6.2 Chief Executive Officer. The Chief Executive Officer of the Company shall,
subject to the direction and supervision of the Sole Member, perform all duties incident to the
office of Chief Executive Officer and as from time to time may be assigned to him by the Sole
Member.
63 President. The President of the Company shall, subject to the direction and
supervision of the Sole Member, perform all duties incident to the office of President and as from
time to time may be assigned to him by the Sole Member.
6.4 Treasurer. The Treasurer of the Company shall, subject to the direction and
supervision of the Sole Member, perform all duties incident to the office of Treasurer and as from
time to time may be assigned to him by the Sole Member.
6.5 Secretary. The Secretary shall issue all authorized notices for, and shall keep
minutes of, all meetings of the Sole Member. He or she shall have charge of the limited liability
company books and shall perform such other duties as the Sole Member may from time to time
prescribe. Assistant Secretaries of the Company, if any, shall have the same duties and powers,
subject to supervision by the Secretary.
6.6 Principal Financial Officer. The Principal Financial Officer of the Company
shall, subject to the direction and supervision of the Sole Member, perform all duties incident to
the office of Principal Financial Officer and as from time to time may be assigned to him by the
Sole Member.
6.7 Executive Vice President. Each Executive Vice President shall have such powers
and duties as may be delegated to him or her by the President or the Sole Member.
6.8 Assistant Secretary. Each Assistant Secretary shall, subject to the direction of the
supervision of the Secretary, perform all duties incident to the office of the Assistant Secretary and
as from time to time may be assigned to him by the Secretary or the Sole Member.
6.9 Delegation of Authority. To the fullest extent permitted by law, the Sole Member
may from time to time delegate the powers or duties of any officer to any other officers or agents,
notwithstanding any provision hereof.
6.10 Removal. Any officer of the Company may be removed at any time, with or
without cause, by the Chief Executive Officer or the Sole Member.
6.11 Resignation. Any officer may resign at any time by giving written notice to the
Company; provided, however, that notice to the Sole Member, the Chief Executive Officer or the
Secretary shall be deemed to constitute notice to the Company. Such resignation shall take effect
upon receipt of such notice or at any later time specified therein; and, unless otherwise specified
therein, the acceptance of such resignation shall not be necessary to make it effective.
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6.12 Vacancies. Any vacancy among the officers, whether caused by death, resignation,
removal or any other cause, shall be filled in the manner prescribed for election or appointment to
such office.
6.13 Action with Respect to Securities of Other Entities. Unless otherwise directed
by the Sole Member, the President shall have power to vote and otherwise act on behalf of the
Company, in person or by proxy, at any meeting of stockholders, members or other equity owners
of, or with respect to any action of stockholders, members, or other equity owners of, any
corporation, limited liability company or other entity in which this Company may hold securities
and otherwise to exercise any and all rights and powers which this Company may possess by reason
of its ownership of securities in such other corporation, limited liability company or other entity.
ARTICLE VII
INDEMNIFICATION
7.1 Right to Indemnification. Each person who was or is made a party or is threatened
to be made a party to or is otherwise involved in any action, suit or proceeding, whether civil,
criminal, administrative or investigative (hereinafter, a "proceeding"), by reason of the fact that it,
he or she is or was the Sole Member or an authorized representative of the Company or, while
serving as the Sole Member or authorized representative of the Company, is or was serving at the
request of the Company as a manager, director, officer, authorized representative, employee or
agent of another corporation, limited liability company, partnership, joint venture, trust or other
enterprise, including service with respect to an employee benefit plan (hereinafter, an
"indemnitee"), whether the basis of such proceeding is alleged action in an official capacity as a
manager, director, officer, authorized representative, employee or agent or in any other capacity
while serving as a manager, director, officer, employee or agent, shall be indemnified and held
harmless by the Company to the fullest extent authorized by the Act, as the same exists or may
hereafter be amended (but, in the case of any such amendment, only to the extent that such
amendment permits the Company to provide broader indemnification rights than such law
permitted the Company to provide prior to such amendment), against all expense, liability and loss
(including attorneys' fees, judgments, fines, ERISA excise taxes or penalties and amounts paid in
settlement) reasonably incurred or suffered by such indemnitee in connection therewith; provided,
however, that, except as provided in Section 7.3 hereof with respect to proceedings to enforce
rights to indemnification, the Company shall indemnify any such indemnitee in connection with a
proceeding (or part thereof) initiated by such indemnitee only if such proceeding (or part thereof)
was authorized in the first instance by the Sole Member.
7.2 Right to Advancement of Expenses. The right to indemnification conferred in
Section 7.1 hereof shall include the right to be paid by the Company the expenses (including
attorneys' fees) incurred in defending any such proceeding in advance of its final disposition. The
rights to indemnification and to the advancement of expenses conferred in Section 7.1 and this
Section 7.2 shall be contract rights and such rights shall continue as to an indemnitee who has
ceased to be a Sole Member, authorized representative, employee or agent and shall inure to the
benefit of the indemnitee's heirs, executors and administrators.
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73 Right of Indemnitee to Bring Suit. If a claim under Section 7.1 is not paid in full
by the Company within 60 days (or, with respect to claims under Section 7.2, 20 days) after a
written claim has been received by the Company, the indemnitee may at any time thereafter bring
suit against the Company to recover the unpaid amount of the claim. If successful in whole or in
part in any such suit, or in a suit brought by the Company to recover an advancement of expenses
pursuant to the terms of an undertaking, the indemnitee, to the fullest extent permitted by law, shall
be entitled to be paid also the expense of prosecuting or defending such suit. In any suit brought
by the indemnitee to enforce a right to indemnification or to an advancement of expenses
hereunder, the burden of proving that the indemnitee is not entitled to be indemnified, or to such
advancement of expenses, under this Article VII or otherwise shall be on the Company.
7.4 Non -Exclusivity of Rights; Effect of Amendment. The rights to indemnification
and to the advancement of expenses conferred in this Article VII shall not be exclusive of any
other right which any person may have or hereafter acquire by any statute, agreement, vote of the
Sole Member or otherwise. Any amendment, alteration or repeal of this Article VII that adversely
affects any right of an indemnitee or it successors shall be prospective only and shall not limit or
eliminate any such right with respect to any proceeding involving any occurrence or alleged
occurrence of any action or omission to act that took place prior to such amendment, alteration or
repeal.
7.5 Insurance. The Company may maintain insurance, at its expense, to protect itself
and the Sole Member, employee or agent of the Company or another corporation, limited liability
company, partnership, joint venture, trust or other enterprise against any expense, liability or loss.
7.6 Indemnification of Employees and Agents of the Company. The Company may,
to the extent authorized from time to time by the Sole Member, grant rights to indemnification and
to the advancement of expenses to any employee or agent of the Company to the fullest extent of
the provisions of this Article VII with respect to the indemnification and advancement of expenses
of the Sole Member or authorized representatives of the Company.
ARTICLE VIII
SOLE MEMBER
8.1 Liability. The Sole Member shall have no liability under a judgment, decree, or
order of a court, or in any other manner, for any debt, obligation, or liability of the Company.
8.2 Meetings. Meetings of the Sole Member shall not be required for any purpose. All
actions of the Sole Member may be evidenced by a written consent describing the action taken,
signed by the Sole Member. Any action evidenced by such a written consent is effective on the
date the consent is signed by the Sole Member, unless the consent specifies a different effective
date.
83 Transfer of Interest. The interest of the Sole Member in the Company may be
transferred by the Sole Member voluntarily or by operation of law. Upon transfer of the entirety
of the Sole Member's interest in the Company, the transferee shall, without further documentation
or action, become the member of the Company.
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8.4 Conflicts of Interest. The Sole Member shall be entitled to engage in other
activities and businesses, including, without limitation, activities and businesses competitive with
the activities and business of the Company. The Sole Member shall not be required to give the
Company the opportunity to participate in, or benefit from, any such activities or businesses. The
Sole Member shall not be deemed to violate any duty or obligation to the Company merely because
the Sole Member's conduct furthers the Sole Member's own interest. The Sole Member may lend
money to, borrow money from, act as a surety, guarantor or endorser for, guarantee or assume one
or more obligations of, provide collateral for, and transact other business with, the Company, and
has the same rights and obligations with respect to any such matters as those of a person who is
not a member of the Company.
ARTICLE IX
DISSOLUTION AND TERMINATION
9.1 Final Accounting. In the event of the dissolution of the Company, a proper
accounting shall be made as provided in Section 9.2 from the date of the last previous accounting
to the date of dissolution.
9.2 Liquidation. Upon the dissolution of the Company, the Sole Member, or if the
Sole Member is unable to act, a person selected by the Sole Member, shall act as liquidator to wind
up the Company. The liquidator shall have full power and authority to sell, assign, and encumber
any or all of the Company's assets and to wind up and liquidate the affairs of the Company in an
orderly and businesslike manner. All proceeds from liquidation shall be distributed in the
following order of priority: (i) to the payment of debts and liabilities of the Company and the
expenses of liquidation (including loans made by the Sole Member to the Company); (ii) to the
setting -up of such reserves as the liquidator may reasonably deem necessary for any contingent
liabilities of the Company; and (iii) to the Sole Member.
9.3 Distribution in Kind. The liquidator, in its absolute discretion, may distribute one
or more of the Company's assets in kind to the person or entity entitled to receive the proceeds
from such asset.
ARTICLE X
GENERAL PROVISIONS
10.1 Amendment. This Agreement may not be amended except by a written instrument
signed by the Sole Member.
10.2 Applicable Law. This Agreement shall be construed in accordance with and
governed by the laws of the State of Delaware.
[Signature appears on next page]
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This Agreement has been executed by the Sole Member of the Company to be effective as
of the Effective Date.
SOLE MEMBER:
GHP Affordable Holdings, LLC,
a Delaware limited liability company
By: goHomePort Management, LLC,
a Delaware limited liability company,
its manager
DocuSigned by:
Cato 6AdndaS
By.6A44 F736257A4 EC...
Name: Gregorios Kranias
Title: Manager
[Signature Page to Amended and Restated Limited Liability Agreement of Affordable Owner, LLCI
4839184 07/01/2022 08:15 AM
Total Pages: 5 Rec Fee: $33.00 Doc Fee: $870.00
Carly Koppes - Clerk and Recorder, Weld County , CO
WHEN RECORDED, MAIL THIS DEED AND
ALL TAX STATEMENTS TO:
Brownstein Hyatt Farber Schreck, LLP
410 17th Street, Suite 2200
Denver, Colorado 80202
Attention: David A. Curfinan, Esq.
SPECIAL WARRANTY DEED
This Special Warranty Deed (this "Deed") is dated this 24 day of .Su - , 2022,
between Affordable RV Storage, LLC, a Colorado limited liability company ("Grantor"), and
Affordable Owner, LLC, a Delaware limited liability company ("Grantee"), with an address of
1492 County Road 11, Erie, Colorado 80516.
WI"INESSETH, that Grantor, for and in consideration of the sum of Ten Dollars ($10.00)
and other good and valuable consideration, the receipt and sufficiency of which are hereby
confessed and acknowledged by Grantor, has granted, bargained, sold and conveyed, and by these
presents does grant, bargain, sell, convey and confirm unto Grantee, all of that certain real property,
situate, lying and being in Weld County, State of Colorado, and more particularly described on
Exhibit A attached hereto;
TOGETHER WITH all and singular the hereditaments and appurtenances thereunto
belonging, or in anywise appertaining, and the reversion and reversions, remainder and
remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and
demand whatsoever, of Grantor, either in law or equity, of, in and to the Property;
TO HAVE AND TO HOLD the Property above bargained and described unto Grantee
forever;
AND Grantor, covenants and agrees to and with Grantee, to warrant and defend the quiet
and peaceable possession of the Property, by Grantee, against every person who claims the
Property or any part thereof, by, through or under Grantor, subject to the "(i) statutory exceptions,
as defined in C.R.S. § 38-30-I13(5)(a), and (ii) the Permitted Exceptions attached hereto as
Exhibit B, and incorporated herein by this reference.
First American Title
National Commercial Services
NCS-1120930-CO
4839184 07/01/2022 08:15 AM
Page 2 of 5
IN WITNESS WHEREOF, Grantor has executed this Special Warranty Deed as of the
day and year first written above.
GRANTOR:
Affordable RV Storage, LLC,
a Colorado limited iabili company
By.
Name: Curt J. • mis
Title: Manager
STATE OFCpk'j
) sS.
COUNTY OF Derli tr
The foregoing instrument was acknowledged before me this <Vy day of )urL
2022 by Curt J. Loomis, as Manager of Affordable RV Storage, LLC, a Colorado limited liability
company.
WITNESS my hand and official seal.
My commission expires: 0k(,ty4{,r Z1 ?1325ii
JESUS NAV5RROLWAN
NOTARY PUBLIC
STATE OF COLORADO
KOU RY D202140005MMI Sw COMMISSION WIRES OMCEMBER2.2026
tary Public
[Signature page to Special Warranty Deed]
4839184 07/01/2022 08:15 AM
Page 3 of 5
EXHIBIT A TO DEED
LEGAL DESCRIPTION
That certain land situated in the County Weld, State of Colorado, and described as follows:
Parcel A:
All that portion of the Southwest 1/4 of Section 25, Township 1 North, Range 68 West, of the
6th P.M., County of Weld, State of Colorado, described as follows:
Beginning at the Northwest corner of the Southwest 1/4 of Section 25, thence S 00°06' W 1325.5
feet along the West line of said Section 25, thence N 89°58' E 1646.6 feet to the true point of
beginning, thence N 89°58' E 1019.0 feet more or less to the East line of the Southwest 1/4 of said
Section 25, thence N 00°56' E 1270.8 feet along the East line of said West 1/4 of Section 25, to a
point which is 57.1 feet South of the North line of said Southwest 1/4, thence S 89°54' W parallel
to and 57.1 feet South of the North line of the Southwest 1/4 of Section 25 a distance of 1039.8
feet, thence South 1269.3 feet to the true point of beginning.
Parcel B:
Easement for roadways across the South 15 feet of the North 72.1 feet of the West 1644.3 feet
of the Southwest 1/4 of Section 25, Township 1 North, Range 68 West, of the 6th P.M., County
of Weld, State of Colorado.
Parcel C:
Access Easement as described in Easement Deed and Agreement recorded August 25, 2015 at
Reception No. 4136562, County of Weld, State of Colorado.
For informational purposes only: APN: 146725000020
4839184 07/01/2022 08:15 AM
Page 4 of 5
EXHIBIT B TO DEED
PERMITTED EXCEPTIONS
1. Taxes and assessments for the year 2022 and subsequent years, a lien not yet due or payable.
2. Any water rights, claims of title to water, in, on or under the land.
3. Rights of tenants, as tenants only, with no option to purchase or right of first refusal to purchase
any or all of the insured property as set forth on the rent roll as of the Date of Policy.
4. Rights of way for County Roads 30 feet on either side of section and township lines, as
established by the Resolution of the Board of County Commissioners of Weld County, recorded
October 14, 1889 in Book 86 at Page 273.
5. Reservations by the Union Pacific Land Company of (1) All oil, coal and other minerals
underlying the land, (2) The exclusive right to prospect for, mine and remove oil, coal and other
minerals, and (3) The right to ingress and egress and regress to prospect for, mine and remove
oil, coal and other minerals, all as contained in Deed recorded June 4, 1902 in Book 201 at Page
11, and any and all assignments thereof or interests therein.
QuitClaim Deed in connection therewith recorded April 14, 1971 in Book 644 at
Reception No. 1565712, and recorded December 17, 1998 at Reception No. 2661201.
6. Terms, conditions, provisions, obligations, easements and agreements as set forth in the
Right of Way Easement granted to Union Rural Electric Association, Inc. recorded January 7,
1969 in Book 604 at Reception No. 1525735.
7. Terms, conditions, provisions, obligations and agreements as set forth in the Surface
Owner's Agreement recorded in Book 640 at Reception No. 1561768.
8. Terms, conditions, provisions, obligations, easements and agreements as set forth in the
Right of Way Easement granted to Union Rural Electric Association, Inc. recorded
September 27, 1974 in Book 724 at Reception No. 1645710.
9. The Following notices pursuant to CRS 9-1.5-103 concerning underground facilities have been
filed with the Clerk and Recorder and are general and does not necessarily give notice of
underground facilities with the subject property:
A)Mountain Bell Telephone Company recorded October 1, 1981 at Reception No. 1870705.
B)Western Slope and Gas Company recorded March 9, 1983 at Reception No. 1919757.
C)Associated Natural Gas, Inc., recorded July 20, 1984 at Reception No. 1974810 and
recorded October 1, 1984 at Reception No. 1983584 and recorded March 3, 1988 at Reception
No. 2132709 and recorded April 10, 1989 at Reception No. 2175917.
D)Panhandle Eastern Pipe Line Company recorded October 1, 1981 at Reception No. 1870756
and recorded June 26, 1986 at Reception No. 2058722.
E)Colorado Interstate Gas Company recorded August 31, 1984 at Reception No. 1979784.
F) Union Rural Electric Association, Inc., recorded October 5, 1981 at Reception No. 1871004.
G)Western Gas Supply Company recorded April 2, 1985 at Reception No. 2004300.
4839184 07/01/2022 08:15 AM
Page 5 of 5
H)United Power, Inc, recorded January 24, 1991 at Reception No. 2239296.
10. Notes, easements and other matters as shown on maps recorded January 5, 1984 in Book
1017 at Reception No. 1952121 and recorded June 1, 1988 at Reception No. 2143101.
11. Mineral rights as conveyed by Mineral Deed recorded September 24, 1990 in Book 1277 at
Reception No. 2228039, and any and all assignments thereof or interests therein.
12. Notice of Oil and Gas Interests and Surface Use recorded December 7, 2000 at Reception
No. 2811880.
13. Any tax, lien, fee or assessment by reason of inclusion of subject property in the North Metro
Fire Rescue District, as evidenced by instrument recorded October 30, 2001 at Reception No.
2895963.
14. Request for Notification of Surface Development recorded May 28, 2002 at Reception No.
2954451.
15. Request for Notification of Surface Development recorded October 15, 2007 at Reception
No. 3511023.
16. Request for Notification (Mineral Estate Owner) recorded December 21, 2007 at Reception
No. 3525268.
17. Terms, conditions, provisions, obligations, easements and agreements as set forth in the
Easement Deed and Agreement recorded August 25, 2015 at Reception No. 4136562.
18. Any tax, lien, fee or assessment by reason of inclusion of subject property in the Northern
Colorado Water Conservancy District, as evidenced by instrument recorded November 13, 2015
at Reception No. 4157917.
19. Notes, easements and other matters as shown on the Site Specific Development Plan MUSR14-
0021 recorded April 27, 2016 at Reception No. 4198944.
20. Any rights, interests, or claims which may exist or arise by reason of the following facts shown
on the ALTA/NSPS Land Title Survey dated June 23, 2022, prepared by Majestic Surveying, LLC,
as Job Number 2022167:
a) portions of traveled roadway appears to be outside of easement; and
b) fence is not coincident with the southerly and easterly boundary of subject property.
car]
RESOLUTION
WHEREAS, a public hearing was held on June 2, 1976, in the chambers
of the Board of County Commissioners of Weld County, Colorado, for the
purpose of hearing the petition of George Thompson, Jr., First National Bank,
P. O, Box 5825, Denver, Colorado, requesting approval of site for the develop-
ment of a commercial dog boarding kennel on the following described property,
to -wit:
A tract of land in the Northeast Quarter of the Southwest Quarter
of Section 25, Township 1 North, Range 68 West, of the 6th F. M. ,
Weld County, Colorado, more particularly described as follows:
Commencing at the West Quarter Corner of Section 25; thence
along the West line of said Section 25 South 00°06' West 57.1 feet;
thence parallel to the North line of the Southwest Quarter of said
Section 25 North 89°54' East 2684.1 feet to the East line of said
Southwest Quarter; thence along said East line South 00°56' West
250.0 feet to the True Point of Beginnini; thence continuing South
00°56' West 250.0 feet; thence South 89 54' West 230.0 feet;
thence North 00°56' East 250.0 feet; thence North 89°54' East
230.0 feet to the True Point of Beginning, containing 1.32 acres,
more or less, and
WHEREAS, the petitioner was present representing himself, and
WHEREAS, there was no opposition to the request of petitioner for
the location of the commercial dog boarding kennel, and
WHEREAS, the said requested location for the commercial dog board-
ing kennel is located in an agricultural zone as set forth by the Weld County
Zoning Resolution, and
WHEREAS, the said commercial dog boarding kennel may be authorized
upon the approval of the Board of County Commissioners of Weld County, and
WHEREAS, the Board of County Commissioners heard all the testi-
mony and statements of those present; has studied the request of the petitioner
and studied the recommendations of the Weld County Planning Commission,
and having been fully informed;
NOW, THEREFORE, BE IT RESOLVED, by the Board of County Com-
missioners, that the application of George Thompson, Jr., First National Bank,
P. O. Box 5825, Denver, Colorado, to locate a commercial dog boarding
kennel on the premises indicated above be, and it hereby is granted under the
conditions following:
1. Construction shall begin within one (1) year of approval by the
Board of County Commissioners.
2. The special use permit shall be limited to the plans submitted and
governed by the development standards as stated on the special use permit plat.
Any changes to the plans and/or development standards shall require approval
of another special use permit before such changes shall be allowed.
The above and foregoing resolution was, on motion duly made and
r
J
PL0590
760307
seconded, adopted by the following vote on the 7th day of June, A.D., 1976.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
Weld County Clerk and Recorder
and C erk to the Board
—Deputy Cony erk
PROVID AS TO ORM:
Special Legal Counsel U
is -
-2-
The Weld County Planning Commission held a luncheon meeting on Tuesday,
April 20, 1976, at the Holiday Inn, Greeley, Colorado at 12:00 noon.
Those present were:
Ronald Heitman, Chairman/Weld County Planning Commission
John Weigand
Harry Ashley
J. Ben Nix
Marge Yost
Chuck Carlson (later)
County Commissioner present:
Norman Carlson
Others present were:
Gary Fortner, Director of Planning
Cindy Telep
Ray Reib
Nancy Clark
The Weld County Planning Commission held a regularly scheduled meeting on
Tuesday, April 20, 1976 at 2:00 P.M., in the County Commissioners meeting
room, second floor, Public Health Building, Greeley,Colorado.
Roll call was as follows:
Ronald Heitman, Chairman
Marge Yost
J. Ben Nix
Chuck Carlson
Bill Elliott
Harry Ashley
Jim Graham
Dean Severin
John Weigand
Present
Absent
Present
Present
Present
Present
Absent
Absent
Present
As a quorum was present, the meeting proceeded as scheduled.
SUBJECT: Minutes
MOTION: By Harry Ashley, to approve minutes of April 6, 1976, as submitted.
Seconded by J. Ben Nix. A unanimous vote of "aye." MOTION CARRIED
APPLICANT: George Thompson, Jr.
CASE NUMBER: SUP 299:76:4
SUBJECT: Commercial dog boarding kennel
APPEARANCE: Mrs. George Thompson
LOCATION: Pt. NE4 SW4 Sec. 25 T1N R68W
Tape 629 (#1'296 - 1732)
Page 1265
DISCUSSION: Mrs. Thompson explained that she and Mr. Thompson are plan-
ning to build a dog kennel and train Labrador Retrievers. They also
plan to board dogs during peak vacation periods. Mrs. Thompson has
surveyed Boulder and the North Denver area and discovered that board-
ing schools turn away as many dogs as they board during the period
from June 1st thru the end of September. The maximum number of dogs
the Thompsons intend to baord during this peak season is 150, and .
30 to 35 during the rest of the year. Approx. 10 of these 35 dogs
will be owned by the Thompsons. There is a mobile home on this
property at the present time. They had planned to replace it with
a double wide, and then begin building within the next five years.
Weld County Planning staff recommends approval of this request
for the following reasons: 1) Complies with the Weld County Compre-
hensive Plan in that it does not adversely affect agricultural
interests; 2) complies with the Weld County Zoning Resolution; 3)
the Weld County Engineering Department stated there are no engineering
problems; and 4) the County Health Department recommended approval.
SUBJECT TO: 1) Construction shall begin within one year of approval
by the Board of County Commissioners; 2) the SUP shall be limited
to the plans submitted and governed by the development standards
as stated on the Special Use Permit plat. Any changes to the plans
and/or the development standards shall require approval of another
SUP before suchchanges shall be allowed; and 3) submission of a letter
from the Mt. View Water Users Association stating that water is definitely
available for the proposal. This shall be submitted before the
hearing before the Board of County Commissioners. The Weld County
Extention agent had no comment to make on this application. (Develop-
ment standards were read into record) Mrs. Thompson explained that
she had contacted all property neighbors by letter and she got either
very positive comments regarding this proposal or no comments at all.
She selected Weld County as the location for this proposal primarily
because this is where she could afford property and because buildings
(old hog operation) exist which can be used for dog runs. Mr. Elliott
commented that this would be the ideal place to locate a dog kennel
because of its isolation. Mr. Nix commented that Weld County is being
asked to accept something that other counties refuse to accept.
The mobile home which exists on the property was placed there as an
accessory use to the hog operation. Mrs. Thompson's alternatives
would be to take out a temporary mobile home permit during construction
of a residence. Construction of this residence would have to begin
within 6 months; the permit could be renewed up to 18 months. The
2nd alternative would be to place a double wide modular home which
meets the Uniform Building Code on the property. This modular would
have to be placed on a permanent foundation. Mr. Heitman commented
that dog kennels are very controversial and he wanted to give Mrs. Thompson
every chance to point out all things in her favor. He explained that dogs
are not agricultural and Weld County is an agricultural county.
Page 1266
(Section III 3.3 E (2) of the Weld County Zoning Regulations was
read into the record) The entire 30 acres will be fenced and the
area around the dog kennel will be fenced with a 6 -foot chain link
fence. Mrs. Thompson has discussed this proposal with the State
Health Department and is aware of all health requirements.
RESOLUTION: Be it therefore resolved to recommend to the Weld County Board
of County Commissioners approval of this request for a commercial dog
boarding kennel (SUP 299) subject to staff recommendations; and subject
to a complete wastes disposal report being submitted for the record
prior to the hearing before the Board of County Commissioners; and
subject to item WS on the development standards being changed to read
"Proposed employment m consist of 2 employees in addition to the
owners of the dog kennel. Motion by Harry Ashley. Seconded by
Chuck Carlson. A vote of "aye" by Elliott, Ashley, Weigand and Carlson.
A vote of .no. by Heitman and Nix. MOTION CARRIED.
Meeting adjourned.
Respectfully submitted,
Janna S. Morrow
Secretary
Page 1267
BEFORE THE .D COUNTY, COLORADO PLANN COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Case No. SUP # 2gg Date 4/22/76
APPLICATION OF George Thompson, Jr.
ADDRESS First lational Bank, P.O. Box 5325, Deaver, CO 139217
Moved by Harry Ashley that the following resolution be
introduced for passage by the Weld County Planning Commission:
Be it Resolved by the Weld County Planning Commission that the
application for site approval of comercilFil doa ' uwrdinn kennw
covering the following described property in Weld County,
Colorado, to -wit:
DESCRO PT1 ON
A TRACT OF LAND IN THE NE I/4 OF
COUNTY, COLORADO, MORE PARTICULARLY I
SEC 25, THENCE ALONG THE WEST LINE
THE NORTH LINE OF THE SW I/4 OF SAI
SW I/4, THENCE ALONG SAID EAST LIN
THENCE CONTINJING S00°56'W 250 0 F"
THENCE N89°54'E 230.0 FT TO THE 1
OR LESS.
•..,u T lj ;.„12.h q ,E
SUBJECT TO. 1) Construction sall begin -Att.. w3proval by
the Board of County Commissioners; 2) the SUP shall be limited to the plans
submitted awl governed by the development standards as stated on the
Special Use permit plat. Any changes to the plans and/or the development
standards shall require approval of another SUP hefora such changeesshall be
allowed; 3) submission of a letter from the Mt. View Water Users Association
stating that water is definitely available for the proposal. This shall
be submitted before the hearing before the Board of County Commissioners; and
4) a complete wastes disposal report shall be submitted for the record prior
to the hearing before the Board of County Commissioners.
Motion seconded by Chuck Carlson
Vote: For Passage Bill Elliott Against Passage Rana 'hi liyitpan
Harry Oshley J. Ran Min
John Weigand
Chuck Carlson
The Chairman declared the Resolution passed and ordered that a
certified copy be forwarded with the file of this case to the Board
of County Commissioners for further proceedings.
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