HomeMy WebLinkAbout2.0 Staff Report BOCC 11.07.08BOCC
11t1712008
DP
PRq'EGT INFORiIATION AND STAFF COTTENTS
REQUEST 3+nonth extension of Subdivision
lmprovementAgreement and Letbr of
Credit for the Big R Commercial
Subdivision
Big R Enterprises, LLCPROPERTY OWNER
REPRESENTATIVE Barbara L. Clifton, Stuver, Lemoine &
Clifton, P.C.
r. BACKGBOUND
As you may recall, on November 5,2007, the Boad of County Gommissioners
(tfre eoaro) approved the Final Plat Application for the Big R Commercial
SubdMsion wtricfr entailed subdMding the 30-acre property east of the Gity of
Rifle into 10 commercial lots wtsr conditions. This approval provkled the
Applicant, Big R Enterprises, LLC, 1 year to fulfill the requirements of-the Final
pidt anO SuUOivision lmprovemenb Agreement which wilt epired on November
S, 2008. Since the approval of the Final Plat and signing of the Subdivision
lmprovemenb Agreement, the Applicant has completed all improvemenB with
exeption to the completion of the fire alarm system within the existing
buildings. Two partial releases from the original $409,906.56 Letter of Credit
have been made since November 5,2007. The Letter of Credit cunently has a
balance of $31,439.00 to ensure completion of the fire alarm system.
il.REQUEST
Th properg owner requests the Board grant a 3+nonth extension to file the
Final ptat whicfr would expire on February 15, 2009. (See the letter attacfied to
this memo ftom the Applicants representative.)
il. STAFF RECOMMENDATION
As the Board is aware, there are no specific standards or criteria to iudge thb
request. As such, this decision is solely dt the discretion of the Board. Since the
vait maiority of the improvements have been satisfied, based on past re@rd,
there is no evidence ffrat the fire alarm system will not be completed within the
timeframe identifted by the Applicant. To this end, Straff re@mmends that the
Board grant a 3-month extension to the propefi owner to complete the
subdivision improvements as described in the Subdivision lmprovemenb
Agreement prior to February 15,2009. ln addition, Staff recommends that the
Letter of Credit be extended 6-months past February 15, 2009, with a new
expiration date of August 15, 2009.
Acme Alarm ComPanY
PO Box883
Rifle, CO 81650
Phone 970-625-33S8 Fax970625487C
"We Set Tbe Standerds for Securitylflffi Emm-qe w 6ffi
LL / 1 1/08
Bob Regulski
28485 HighwaY 6 &24
Rifle, Co E1650
Re: Big R Complex
DerMr. Regulski,
TheFire Alarm Slstemat the Big R Comple:r, 28485 Fhghway 6 &24,Ri!:, q9h*
been completed including the changes requested at the last meeting rn'ith Rifle Fire
Protection District Fire Marshall, Kevin Whelan.
The courp)eted system is awaiting final inspection and approval from Rifle Fire
Protection District. We anticipate this inspection being completed byMonday,
Novernber 17, 2008-
Iflouhave ftrther concerns or questions please contact our office. Thank you for doing
business with Acme Alarm ComPanY-
Sincerely,fuG;<
Kimberly Quick
Offi.ce Manager
I
CC: Garfield County Planning Department
Z'd o/R0c2.90/ 6 lNvr{6oo t x\fiy iwoy d/t:Lo Qo ![ ^oN
STUVER, LeMOINE & CLIFTON,
ATTORNEYS AT LAW
'20 WEST THIRD STREET
P. O. BOX 907
RtFLE, COLORADO Al650
THOMAS W. STUVER
DANIEL D. LEMOINE
BARBARA L. CLIFTON
TELEPHONE 970 - 625-lAA7
FAX 970 - 625-4444
November 20,2008
David Pesnichalg Senior Planner
Garfield County Building and Planning Department
108 8th Street, Suite 201
Glenwood Springs, CO 81601
RE: Big R Commercial Park Subdivision
Request for Final Release of Letter of Credit
Dear Dave:
As you know I represent Big R Enterprises, LLC regarding the development of Big R
Commercial Park Subdivision. Pursuant to Paragraph 39 of the SIA, please consider this letter
Big R Enterprises, LLC's request for final release of the letter of credit securing the SIA.
Enclosed with this letter are: l) record drawings bearing the stamp of Colorado River
Engineering certiffing that all Subdivision Improvements have been constructed in accordance
with the requirement ofthe SIA, final plat documents, and preliminary plan approval;2) copies
of documents conveying real propeqy and other interests to the Lot Owners Association; and
3) Colorado River Engineer's certificate of final completion for the remaining improvements.
Please call if you have any additional questions. Thank you for your consideration of this
matter.
Sincerely,
,WWON,PC
Barbara L. Clifton
Enclosures
cc: Big R Enterprises, LLC
c - o
ruENEINEERING
INCORPORATED
P.O. Box 1301
Rifle, CO 81650
Tel 910-625-4933
Fax 970-625-4564
November 14,2008
Big R Commercial Park
c/o Barbara L. Clifton
Stuver, LeMoine & Clifton, P.C.
120 West 3'd Street
Rifle, CO 81650
RE: Big R Subdivision - Construction Certification
Ms. Clifton:
Colorado River Engineering, Inc. (CRE) has reviewed the construction of public
improvements for the above referenced project. This letter shall serve as certification that
the proposed public improvements have been completed in accordance with the approved
engineering design. Part of the public improvements involved the installation of Fire
Alarm Systems for existing buildings at the project. We have relied upon the inspection
and acceptance of theses systems by the Fire District who approved the improvements in
the attached letter. We will be preparing Record Drawings for the files and will forward
to your office in the near future.
If you have any questions. please do not hesitate to call 970-625-4933.
Sincerely,
BigRCertl 1-14-08.doc
Christopher Manera, P.E.
l,iov, l3, C0S 3:2CPhi 5iuver, Leliloine end ,l]liften, P,C
BTG RENTERPRISES, LLC
P.O. BOX 9
RIFLE, CO 81650
970-62s-24rc
KcvL C. Whelan, FireMarshai
Riflc. ire Protstiotr Disrrict
1850. lailroad Avenue
RiflE, lO 81650
Novcmber 14,2008
[]i.6627 P, l,,l
Re; Fire Alarm systcnr at Big R cornmErcial park $ubdivision
28485 llighway 6 &, }4,Rifle, Colorado
Dearl(:vin:
As you hlY * inspection yry leld torlay'by the Rifle Fire Protection District on rhs fire alarrnsystem rt Big R commereial Park subdivision. Pursuatrt to the rcsults orure inspection, it is myundors rnding that the fire alarm system was determined by tire Riae Fire pr,tection Distict to befully c rmpleted and approved' Iinry understanding is ,ooiot, plruu" sign ttre acknowledpaentbelow. Ihar* you for your assistaflce inthis matter.
ACKI.fi ,WLEDGMENT:
Kevin ( ' whElan as Fire Marshsl ofthe Rifle Fire hotection Disticl acknowledges that the firealarm s5 ttem fi Big R Commercial Park suMivisisr has tm" .rmpreted and approved as ofthisdate,
Kevir C. Whclaq Fire Marsbal
STUVER, LeMOINE & CLIFTOhI, P.e.
ATTORNEYS AT LAW
t2O WEAT THIRD ATREET
P. O. BOX 907
RIFLE, COLORADO At65O
November 3,2008THOMAS W. STUVER
DANIEL D. LEMOINE
BAREARA L. CLIFTON
David Pesnichah Senior Planner
Garfield Courty Building and Planning Departrnent
108 8th Steet, Suite 201
Glenwood Springs, CO 81601
RE: Big R Commercial Park Subdivision
TELEPHONE 970 - 623-ta87
FAX 970 - 623-444A
. ,- ". t
"Rh-,t-r'* '
NOV 0 $ Zttuo
8.iffiift?;":il$'lx
Request for Extension of Subdivision Improvements Agreement and Partial Release
of Letter of Credit
DearDavid:
As you know I represent Big R Enterprises, LLC regarding the development of Big R
Commercial Park Subdivision. Pursuant to Paragraph 2 of the Subdivision Improvements
Agreement (SIA) executed November 15, and recorded as Reception No. 736856 in the Office
ofthe Garfield County Clerk and Recorder, I am requesting an extension ofthe completion date
for the subdivision improvements to February 15,2009. As set forth in the attached letter from
Chris Manera, P.E., Colorado River Engineering, all of ttre improvements have been fully
completed except the fire alarm systems in the existing building. Although Acme Alann has
installed the majority ofthe systems, Rifle Fire Protection District has requested certain ohanges
as the result of its inspection on October 30, 2008. Big R Enterprises, LLC anticipates that it
will take several weeks for the changes to be completed and reinspected.
Additionally, pursuant to Paragraph 3 of the SIA, Big R Enterpises ,LLC requests an additional
partial release ofthe letter of credit securing the SIA. The original Letter of Credit was in the
amount of $409,906.56. and one earlier partial release brought ttre current amount ofthe letter
of credit to $78,864.00. In the attached October 31, 2008 letter from Chris Manera" P.E., he
stated that $31, 439.00 in work (including contingencies and inspection costs) still need to be
completed. Accordingly, I am requesting a partial release of the letter of credit in the amount
of $47,425.O0
Please call if you have any additional questions. Thank you for your consideration of this
matter.
Sincerely,
& CLIFTON, P.C.
Barbara L. Clifton
Enclosure
cc: Big R Enterprises, LLC
P.O. Box 1301
Rifle, CO 81650
Tel 970-625-4933
Fax 970-625-4564
E[ICINEE&'INq
INCOEPORATED
October 31,2008
Big R Commercial Park
c/o Barbara L. Clifton
Stuver, LeMoine & Clifton, P.C.
120 West 3'd Street
Rifle, CO 81650
RE: Big R Subdivision - Construction Certilication
Dear Mr. Regulski:
As requested, Colorado River Engineering, Inc. (CRE) has reviewed the construction status to date
for the above referenced project. A majority of the public improvements have been completed. The
attached Table 1 summarizes the original conshuction cost estimate prepared for the iubdivision
improvements agreement. A'1o be completed" column was added to the table in the past to tack
security requirements. The project is complete with the exception of final improvements to the fue
alarm system. We have conservatively left a majority of the fire alarm system security in place as
we are not able to verifu work specifications and will rely on the fire district approval of Ur" system
for certification purposes. This letter and the attached Table I shall r.*e * certification that the
proposed public improvements are in accordance with the engineering design and have been
substantially completed.
lf you have any questions, please do not hesitate to call"970-625-4933.
CREtoBIGRI 0-3 l -08.doc
Christopher Manera, P.E.
BILL OF'SALE AND ASSIGNMENT
KNOW ALL BY TIIESE PRESENTS, that Big R Enterprises, LLC, of the County of
Garfield, StateofColorado, (Seller),forandinconsideratioo ofTenDollars ($10.00) andothergood
andvaluable consideration, to it inhandpaid, at orbeforethesnsealing ordeliveryofthesepresents
by Big R Lot Owners Association, lnc. of the County of Garfield State of Colorado, (Buyer), the
receipt and sufficiency ofwhich is hereby acknowledged, has bargained and sold, and by these
presents does grant and convey uoto the said Buyer, its successors and assips, the following
Foperty, goods and chattels, to wit:
All facilities and equipme,nt contained within the Big R flre protection system, including but not
limited to two STI-P3 50,000 gallon tanks, Label No.27\270UL#M32241and Label No.271269
UL#M32240 manufachred by Eaton Metal Products Com. and the Limited Wananty from Steel
Tank Institute, and one dry hydrant, identified as A-234 7' Bury Hyd. NST,
TO HAVEAI.{D TO HOLD the sameunto the said Buyer, its successors andassigns, forever.
The said Seller covenants and agrees to and with the Buyer, its successors and assigns, to
WARRANT AND DEFEND the sale of said properfy, goods aad chattels, against all and every
person or persons whomever.
IN WITNESS WHEREOF', the Seller has executed this Bill of Sale on the 8 day of
S.eaferrrtoer 2008.
SELLER:
Big R Enterprises, LLC
"r'-WPeter Van Domelen, Manager
STATE OF COLORADO
COUNTY OF GARFIELD
)
)ss
)
instrument was acknowledged before me this BtlL day of
=_,2008, byPeter Van Domelen as ManagerofBig R Enterprises,
Witress my hand and official seal.
My commission expires:
foregoing
STUVER, LeMOINE & CLIFTON, P.(-.
ATTORNEYS AT LAW
I20 \,VEST THIRD STREET
P. O. BOX 907
R|FLE, COLORADO Al650
THOMAS W. STUVER
DANIEL D. LEMOINE
BARBARA L. CLIFTON
TELEPHONE 970 - 625-tAA7
FAX 970 - 625-4444
June 3,2008
David Pesnichak, Senior Planner
Garfield County Building and Planning Departrnent
108 8th Street, Suite 201
Glenwood Springs, CO 81601
RE: Big R Commercial Park Subdivision
Request for Partial Release of Letter of Credit
Dear David:
As you know I represent Big R Enterprises, LLC regarding the development of Big R
Commercial Park Subdivision. Pursuant to Paragraph 3 (d) of the Subdivision Improvements
Agreement dated October 12,2007 and recorded as Reception No. 736856 in the Office of the
Garfield County Clerk and Recorder, I am requesting a partial release of the Letter of Credit
securing the Subdivision Improvements Agreement. Enclosed with this letter is a constnrction
certification from Chris Manera, P.E., Colorado River Engineering, certifring that the public
improvements identified on Table I of his letter have been completed in accordance with the
approved construction drawings. The original Letter of Credit was in the amount of
S409,906.56. Chris Manera has stated that $78,864.00 in work (including contingencies,
surveying and inspection costs) still need to be completed. Accordingly, I am requesting a
partial release ofthe Letter of Credit in the amount of $331,042.56. Please call ifyou have any
additional questions. Thank you for your consideration of this matter.
Sincerely,
LEMOINE & CLIFTON, P.C.
RTCEIVED
JUN 0 4 2008
$.ti;i,Tp,?ff^filEnclosure
cc: Big R Enterprises, LLC
Barbara L. Clifton
P.O. Box 1301
Rifle, CO 81650
Tel 910-625-4933
Fax 970-625-4564ENCiIISEERIN6
INCORPORATED
June 2,2008
Big R Commercial Park
c/o Barbara L. Clifton
Stuver, LeMoine & Clifton, P.C.
120 West 3'd Street
Rifle, CO 81650
RE: Rig R Subdivisioa - Qunstruction Ccrtification
Dear Mr. Regulski:
As requested, Colorado River Engineering, Inc. (CRE) has reviewed the construction status to date
for the above referenced project. A majority of the public improvements have been completed
based on our past inspections and a site visit today. The attached Table I summarizes the original
construction cost estimate prepared for the subdivision improvements agreement. We have added a
ooto be completed" column to the table to estimate the costs to finish the project. We have adjusted
contingency and professional service fee percentages to accommodate remaining work and provide
adequate funds for all aspects of the project. This letter and the attached Table I shall serve as
certification that the proposed public improvements are in accordance with the engineering design
and have been substantially completed.
lf you have any questions, please do not hesitate to call 970-625-4933.
Sincerely,
CREIoBIGR6-2-08.doc
, '.1
Clerk and Recorder Recordrng Intbrrnation
Contract # 0405 I 8BRCP(b)
Map lD #500a-500.i
Date Activated 5/18/04
Date Amended 10128104
WEST DIVIDE WATER CONSERVANCY DISTRICT
APPLICATION FOR ASSIGNMENT OF OWNERSHIP
Water Allotment Contract #: 0405l8BRCP(b)
Name of Contract Holder: "BIG R COMMERCIAL PK", RIFLE SKI CORP
Decenber 3, 2OO7
Date:
Name and Address of Assignee:Bie R Lot Orners Associatlon, Inc., P.O. Box 9, Rlfle' CO 8165O
Telephone Number:970-625-24tO
Amount of Water Assigned in Acre Feet: I I .03
Legaldescription of parcel where well is located: SEE ATTACHED
Record ing Information of Memorandum
of Water Allotment Contract:
County GARFIELD
Book I 598
LECAL DESCRIPTION
Reception No. 654595
Page 597
The urrdersigned Contract Holder and Assignee do hereby give notice to and rnake application to West Divide Water
Conservancy District for the assignment of the above described Water Allotment Contract. By signing this instrument, Assignee
does hereby agree to assume and be bound by the terms and conditions of said Water Allotment Contract and all addenda and
exhibits thereto. It is understood that Contract Hotder is released from perfornrance under said contract to the extent that such
performance has been hereby assumed by Assignee.
Rifle Skl Corporation
STATE OF COLORADO )
) ss.
COUNTY OF GARFIELD )
The foregoing instrument was
Robert H. Regulskl as ilanager of-ft[acknowledged
Witness my hand and
My commission expi
Public
STATE OF ee:s-eae__ )
) ss.
COUNTY OF Garflelrr _ )
The foregoing instrument was
Robert lf,- Reerrlshl as Praeldenf of Bio R f.ot Orlnarc Accor.iation- Tiin^
me
LLC
on this 3d *,
and Presideut
Signed the date first appearing
tract Holder) n b"=a
Witness my hand and official
My commission expires:
APPROVED BY WEST DIV
President
CY DISTRICT
/ Z'/'o '-
H.$$"
After recording retum to West Divide Water Conservancy District, P. O. Box 1478, Rifle, CO 8l 6-50- I 478 (970) 62s-s46t
PROPERTY DESCRIPTIIJNA TRACT OF LAND SITUATED IN SECTION 11, TtrVNSHIP 6 SEUTH, RAN6E 93 VEST EF THE 6TH
P.M., CEUNTY TlF GARFIELD, STATE T]F CELERADO, SAIN TRACT OF LAND BEIN6 DESCRIBED BY
ME.TES AND BEUNDS AS FOLLtrVS:
BEGINNING Ar THE SEUTH\4/ESI CtrRNER EF THE SEl/4NEt/4 OF SAID SECTION IIr
THENCE S.89'40'36'E. 300.83 FEETi THENCE S,53'43'0a'V, 1337,91 FEET;
THENCE N.00'1e'00'V. 597.08 FEETr THEf\,CE S,89'48'45'E, 104,57 FEETT
THENCE N.00'el'56'E. 1318.18 FEETT THENCE S.89'5e'05'E, 793.77 FEETT
THENCE S,OO'15'AO'V. 1318.95 FEET TT] THE POINT T]F BE6INNIN6.
SAID TRACT EF LAND CONTAINING 38.31 ACRES, MT]RE ER LESS,
WAIVER OF NOTICE
FIRST MEETING OF BOARD OF DIRECTORS
OF
BIG R LOTOWNERS ASSOCIATION, TNC.
We,theundersigned, beingthe Directors ofBIG RLOT OWNERS ASSOCIATION, n'{C.,
a non-profit corporation organized under the laws of the State of Colorado, do hereby waive all
notice of the first meeting of Directors ofthe Corporation, whether provided by statute or otherwise,
and consent and agree that such meeting be held at 120 West Third Street, City of Rifle, in the
County of Garfield, State of Colorado, on the l0th day of October, 2007, at 8:00 A.M., and we
consent to the transaction of any and all business that may come before the meeting.
Dated this l0th day of Octobet 2007.
--,. -n Alpinc Bank
Rif le
t OO e ost 4ih Street
Rifle, Colorodo 81650
970-625-96r 0
Fox 970.625-961 6
IRREVOCABLE STAI\IDBY LETTER OF CREDIT
Reference #: 41507 68701
Amount $409,906.56
Dafe of Issue: October 12,2007
Expiration Date: April 12; 2009
BEMFICIARY:Board.of County Commissioners of Garfield County
108 8Io Street" Suirc 213
Glenwood Springs, Co 81601
Big R Enterprises, L.L.C.APPLICA}.IT:
We hwby establish at the request of Big R Enterprises, L.L.C., Irrevocable
Standby Letter of Crdit No. 4150768701 in an amo,'nt not to exceed Four Hundred Nine
ThousandNine Hundred Six Dollars and Fiffy Six Cents (U.s. $409,906.56). The
pupose ofthis letter is to secure Big R Enterprises,L.L,c.performance of and
compliance with the agreement between Big R Enterprises,L.L.C. and Board of County
Commissioners of Garfield County, dated October 12,2007 andtitled Big R Commercial
SuMivision lmprovements Agreement. This letter of credit expires at Alpine Baok, at
5:00 p.m. Mountain Standard Time on April 12, 20fl9. This letter is not fiansferable.
Phtial draws are permitted. The BOCC may authorize periodic reductions in the
face anromt of this Letter of Credit and, if so authorize4 the revised face amount of the
Letter of Credit shall be evidenced by a separate Reduction Certificate, approved and
executed by the BOCC or BOCC's authorized reprcsentative.
Drafts submitted by Beneficiary must be accompanied by the following
documents:
l. Beneficiary's signed statement executed by the Chairrnan of the BOCC or
the BOCC's authorized designee stating: Big R Enterprises,L.L.C.,
dweloper of Big R Commecial Park Subdivision is in defrutt of its
obligations set forth in that certain Subdivision Improvements Agreement
between Big R Enterprises, L.L.C. and the BOCC, dated Octotr;r lZ,
2007, and recordcd as Recepion Ntrmber in Book
d.Page of the Real Estate Rbcords of theOffise
of Garfield County Cle* and Recorder.
www.olpinebonk.com
& hdorRryHhP
n Alpinc Banr
Rif le
I00 Eost 4th Street
Rifle, Colorodo 81650
970-625-9610
Fox 970-625-96i6
By:
2. The original Letterof Credig endorsed on the leverse side with the words:*Drawn by the Board of Comty Cornmissioners of Garfield Cormty,
Colorado in the amourt of $409,906.56," manually signed by the
Chairman or the BOCC's authorized representative.
This Letter of Credit and anrendments, if any, must be returned to us for
cancellation by Big R. Enterprises, L.L.C. with a statement signed by the Beneficiary
stating: "This Letter of Credit is no longer required by the BOCC and is henebyreturned
to the issuing bank for cancellation."
We heneby agree to honor each draft draum under and in compliance withthe
terms of this Irtter of Credit if presented, together with the documents above specified,
to Alpine Banlq 100 E. 4u Sueeq Rifle, Colorado, on or before the date of expiration
identified above. This letter is issued subject to the Uniform Comnencial Code at C.R.S.,
4-1-101 et seq., as amended
ALPINE BA}IK
www,olpinebonk.com
$ mnumr*4rns
,,{, .
fona
rATE HIGHWAY ACCESS PERMIT
CDOT Permit No.
399020
State Highway No/Mp/Side. 906A/ 94 -s94/mlr
s100.00
Date of transmitii-
April 12, 1999
R egion/Section/patrol
3/ Z/ L0
Local Jurisdiction
_ Garfield Count,y
3 Permittee;The Applicant;Rifle Ski Corporation
Bob Regulski
28485Highway6&24
Rifle Co 81G50
On the north slde of, SH 6 E 24, a distance
Service to
General Light Industrlal
srterms and conditions:
See Attached Sheets
Rcquilrd:
l.Rcgixt
z.Cpplicad
eet east from Mp 9,1 .
2OO ADI
Prcvloug <doiE a]r obeolctr and mry not be u=d
cOoT Foon ftol 8,lE
Rifle Ski Corporation
Bob Regrulski
28485Highway6&24
Rifle Co 81650
reby granted permlssion to have an access to the state highway at the location noted below. The access shall be consfucted, maintained ard used inrdance with this perm( inctuding the state Highway AccGs coae ana a-ny att"crrm"nts, terrns, conahions and exhibits. Thb pennit mzry be revoked bvssuing authority if at any time thi permifted d"=" ;rd fr.;;j"i;d;:f of thb pl"m -rr,. louing authorly, the Departmerr and theh duryrinted agents and employees shali be treH trariritess against any aaion iJri"oon.l iniury or property damage su$ained by reason of the qercbe of theriL
100
IICIPAUTY OR COUNTY APPROVAL
rired onty when the approprrate Iocar a,thority retains.iss,ing authority.
the signfng of this p
r All rnn<{nralian olran' All construdion shall be completed in iir o<peoitious and safe manner and shal #';ffin:XiffirTr"Hfrffiffion' The p€rmiEed acc€ss **dbo conrpr.t"oin accordance-dth ih;i;iin;';ni'ilriliuons of rhe p€rmi1 prbrtoused.
Ermittee shall notify pete Eolman,f1e at 970-625-22A6 aileast4s
ry
with the Colorado [lepartrnent of Transportation
hourc priorto commencing consfiuction within the state Higtrrryay right-
ffitffi?ff,:ffiTffif# owner or legal represertatvd of the propertv serued by nre permrued cess and hare tu[ a!fto]ty to
er?' 's not vatid untitsigned by-? g{y.rt!j- r DEpARTMerurbr p,rrvse'cliianoru
r (of issue)f,lrrfr; Ela , ,Abudoo:Mrta cosrhi ss nes.ry foc .
t ^-alArrthodty tlpa"rlrfrc L.-t
State Highway Access permlt, Standard
Conditions
This Form ls Attached to Each Access permlt
lssued Bcginning August tl, 1998. Form
101b
The following paragraphs ar6 excarpls of lhe Slele
Highway n6sssr Code. These are provldad fs vourconvsniencs but do nol elleviate coinpllanoe wllfr all
sections of ihe Access Code. A oopy of th€ Slel6
Hlghway Accoss Codo ls avallable irom your local lssulngauthorily (local govsmm6nt) or the Color;do Dep.rlmsnlof Transpodallon (Dsparlmont). When lhls p"rrill we.
issued, lhe lssulng authorlly made ils daclslon based lnpsrl on lnformailon submlfled by lhe appllcanl, on lhesccoss ceirgory whlch le esslgned lo itia hlohiirnv. whst
alternalivs rcceas lo other public mede snd-sfreeti ts .
available, erd safelyand deslgn sbndards, Changes ln
or daslgn nol approved by lhe per6ll or lhe lsiulno
.rorily mry cause ths rsvocallon or suspension of lh'epermlt.
APPEALS
1. Should lhe permiilee or appllcant obleol to lhedanial of a parmlt applloallon by the Liepartqrenf or oblsatto Bny of lh0 terms or condlllons of a p6rmll ilaoed th6rs
by lho Deprrtment, the epplloanl and'psrmltie.
(appellant) have a righl lo appeal lhe declslon to lhe
[fransportdion] Commisslon [of Colorado]. To appeal adoclsion, submlt a request foradmlnlstralive hre'rlno lo
lhe Transportallon Commisslon of Coloredo wilhln 6O
deys of trensmiflsl of nollcs of denhl or lransmlHel of lhapermil for Eignalure. Submil lho rsqusst lo lhe
Trensporlalion Commission of Colorado, 4201 Easl
Arkansas Avenue, Denver, Cotorado g0222-3{$, Theraquesl shell lnclude resons forlhe eppaal end msvinclude charges, revlsions, or condlllohi lhat would Le
accaptabla lo the pennlflee or appllcant.
2. Any appeal by lhe appllcanl or p€mlflee of
sction by I local lssulng suthorlty Efiell be liled wlth the
local suthority end be consislenl wllh lhe appeal.odures of lhe locel aulhorily.
:. In submifllrg lhe requesl for admtnlslrallw
heering, lhe eppellanl has lhe oplion of lncludlng wllhln
th8 epp8al r.r€quesl fd E revleur by lhe Deparlmenl,s
lntornal admlnistralive revlew commlflee pui:unl lo
[Codo] subcection 2.10. When such commlfl66 ravlew lsrequesled, processing of lhe apperl for formit
admlnlstrsllve heering,2,9(S) and (e, shall bs suspended
until lhe eppellent notlliee lha Commlsslon lo oroo6ad
with the admlnistrative hearlng, or lhe appellanl submlle s
requesl lo lha Comm'r*rlon or the sdmlilstrallt € lawjudge to wihdraw lhe appeal. The lwo admlnlElrallva
processes, lhe lnlernal admlnlslrallve raview commlfl ee.
and lho admlnlstralive hearing, mey not run corcunenlly.
4. Regardlessofanyoornrnunlcallons,meellngs,
" edminlstralfue rsvlair or negolialions wlth therDeparimenl or lhe inlemal edminlslrellve revldl,
Commitlos r6gsrding revislons or oblacllons lo lha oermltor a danlal, if the permi[ee or appllcanl wlshes lo aooeal
. . tho Daparlmonl's d. ' 'on lo lhE'Gommlsston lor e
' '
'\fearing, lhs appee be broughl lo lhe Commlsslon',)ih\---- !
wilhln Qp day-rs of transmlfial ol nollce of denlal or
lran8rnltlal of lh6 permlt.
PERMIT EXPIRATIONt. A permlt ahall be condderad qplred lf the
rocess lc nol undd oonslruodlon wllhln or'yrrr of ihtpcrmll h.u! drl. or b.fora lh6 .xdmfion olinv
euthorEod axtenslon. When ttre pimlttco lr uriable to
comm6nc. conslruollon wlthln ona yser riEr lhe oermlt
lesue &te, ihe parmlHes maylequdst r onc-Gaf-"""
oxtonslon from lhc l8rulng arhoily. No mord ftan tuoon€-ycrr exlonslqns may b€ grrntad uhdrt any
olrourrtrlenoos. lf lhe soaes! tr not undar oonsiruct onwilhlnftree y6ars'lrom date of lcruc ttrc normtiwtti tcconsldcr.d oxplrod. Any r.quorl tor.n .;daniioii murr Ueln wrillng a,nd submlllcd lo lhc larulng ar.rlhorllv beforu thapermlt explrea. Thr requeat rhoulA Aete fllo r;esdi-r{rli;lhe-oxlrnllon lr ncoauary, wften oonstruollon lg '
antlclpcled, and lnolude a-copy of pege 1 (feor'of permlt)
of tha sccesr ponntt. Extenal'oh rpi"6r"il'lrnlf-bJfi"""
wrltlng.The looal hulng ardhorltli ltratt olfrinitr" "'
ooncumncs of lhe Deperlmcd pllor to lhl lpumnsl d rnoxtqnsbn, .nd shrll nollfy the Depertmerl oiill danledextenrbnr wlthln lsn deyr: &ry penon rvtrhlnO loreeauDu.n .n acools pormll lhel hrt ExDled mav b€trlh
rgaln wllh lhe applcallon proceduras. An roorov"d -
Nollc€ to Proo6.d. BulomitlcCly roneun thi'rooas!permlt lor lhe pedod of tha Noil6e to proorcd. - ---
coNsTRUcTtoN
t . . Construollon may nol bogln unfit r Noflca loPrccs€d Is approved. (Code aubeecilon 2.41
2, Tha corstrucllorn of the eocstr and llesppurl.nancol aE rrqulrod bythe lermr rnd oondlllonr ofthe p€mlt shell be oompl€tod al the expcnro of lhoparmltloo oxoopl ar provlded h rubredlon 2.14. Altmal€.|.h wed ln lhe oonslrucllon of lhe rcoecr wllhh ihehlghtlny ilghl.ot{,r,ry or on pstmEn.nt 6arcmanl!.
bacomo plbllo pmpeily, Any matarlglr lgnovcd filmlho
hlghuay rlght of*ry wlll be dlrporod of only rr dlroaad
by lhe Departmant, All fenolng, gu.rd rdl,timo ;nUOld€vtcor and othor cqulpmdnl.nd matsd.h Dmovod hlhe coutte of accocs oonBlrucflon shall bc glvcn to lho
Depadmenl unleg! olhonvllo hrlruolod bfjho permfor
lhe Deparlmanl lmpoclor.
3. .The pormlilse ahal notlfitha hdlvldua]orthe
ofllce specllled m lhe pcmll or Nollce tir pmooed 8t fE:t
two rirultlng dayt prlor lo 8ny GonslrudlonWlhln rlah
hlghtany rlght.of*rny. Conelrucflon of lhc rocprs shat nolproceed unlll bolh lhe eccers permll and he Noflce to
Pmceed era lgsued. The acceie shsll be complaigd ii rn
axpedldour and rde mrnner rnd 8h.ll U nnlitreO wntrtn
45 dap from lnltlallon of condnrcllon rvltt{n lhc htohnav
dghrof+vay. A construoflon [me exlenclon noi to'iiriiif
30 woilng dayt rry be requcsled from he lndlvlduai oiotllce speclfled on lhe parmil,
4. The lerulng aulhodty rnd lhe Deparlmenl
may lmpsct lhe rccem durlng oonrlruc{on ind uoon
oomplsllon of tho rocers lo enrurs thet all termg inJ
condlllona. of lhs pormll aro mal. lnrpaolon .r€
authodrgd lo cnfotce lhe oondlton!-of lhe Dormlt durhd
conslrucllon end lo halt eny sollvlllee wlthti deia dgltti
uny lhrt do nol cornply wllh lhe provblonr ol lhe oelrmlhal conlllol wlth concunent hlghuay condrucllon'or
malnlonsnco v\ro*, lhat endanger higlnmy properly.
ndural or oullural rosoure prolaoled by law, or the
heellh and safsly of wo*ers Lrha publlir;
A . . . Prlor lo uslng lhe acoess,lhc pomlfim tBfttqulr€d lo oompl€l8 lh€ conolruc-llor eoo6rdlng b lhetrrms.nd conarlllond of lhe parmlt Ft[u]! bvlh.prmtttco to .bld. by E[ psrmll lslma rnd cdndilont ehafiDa.Bulflclill ctueo lor the Depnrlmed or lrrulno rulhorllvto lnltlete ac.flon to ruapend oi rerokoih;neilil;J''"',
otos€ thg acos;. lf ln the dotcmlnalon oilhr
DapBrlln€nl of lre ulng auhorlly lhe fdlum lo oomply wlthoroomplets_lho oonrlruclhn tiqulrementr of Ure iermii".cnal€ q hlghmy safety hazerd,'suoft rhall be'.ufii;;icaus€.Ior tha tummary turprnslon oflhr D.r.ilt. llthipoImlnso wlsho3 lo u86lhc rco63s pdorl6 oomdr[on.armng6m6nlr mual bo aprovcd by thc hrutno iurrtroiiiv.m Doperlmdll snd lnchded ln ltr6 ocrmll.llia
Ehpa-{tmsnl or ls8ulng auhodly may'ordor r hsll lo .nvunnulhorlz.d ulo oflhc acoari purlrnnt t lfefuLrv ila160ulstory povyem. Reconsrrucllin or tmpror"niiii'6fiii"rcco!8 may q. roqulrad tflhen the permftoc har htUa'iom€el rEq.qlrud.lpsolllcsilorr of deitgn or mrted.is:lf ;,con.truollon doment fallewllhln tudymn duob-- " -"'
rftproper oonCruollon or melerlal apddflcrllonr, trepcnrlttee rhatr be resirondble.for ail rgprtn. frluri to
I:I:,lu9h r€pohs mey,Eult ln su$rnrton of tho pormltam closurE oflhe ecoaar.
-Tha permlilee ch.ll proyldo oonatruc{lon lrqriir:oontK,t dovlollt et all ilmel durlng amr conslnDllon. lrrconformanos wilh lhe M.U.T.c.Dl
"r r"qutrJ tyiiJrfin'
42-4-104, C,R.S., as emended.
7, ... . A ullllty pormltrhrll be oHalned forrny ullllhtrort wlthln hlgh$Ey rlghhf.$ny. Wtrera necorrciv io "''
rem.ove, raloolte, or repik a ttrilo ooilml devbe drpubllc orprlvsle ulllltlg3 forlhe conrlruollon of I D€rmlitedaooees,Iha relooallon, ramovrl or reprlr rhgl hr. -"-""--
accompllahed by lhe psrnlttee wllhoirt coct lo lhcEhplrlment or lssulng euhodty, and tl lhe dlrsctlon oftr..DEparlmsnl or uilllty oomprny. Ary drmarra b thc
.rl_r€. nighuny or olher publlo rlghlof*ny fsv6na tn:t
wtilch F allo$,od ln lhe pemlt rhrU tc ropeliid
lnunedletely. The p€rmtfle. lr rqponrblb for thr.nprlr oteny ullllly de.nEg6d ln th6 courso oteooeor condruotlon,
rooonslructlon or ropalr.
8. . . _ -ln lhe- avan! ll becomee nrccrcery lo rcmovu.ny rlght-of.ffiy fonoe, lh. po3ls on Clher drio ol lhceooess-rhall.bc-geourely braocd wllh m appmved endpat belore lho fance la oul lo preveil rnf ihakhs of lhsremahrlng {enoo. All podr rnri wlrre rrmoved am - -' "'-
D€parlmenl pmperly and rhrll bo lumed over lo r
rBpre6sntallyo o, lhe Deprrlmanl.
9. The permlilee rhell anaure lhrl a oooy of lrrop€rmit ls evsllable for revlew rl lho aon.lrucltonlite ct stl
Unas. Tha pomll may requlru lhc oonlnc{orh n;t[v ihu'h.ttvtdusl or oltlc€ speolflrd on the pcmll et any ro&lllca
phEseo ln oonslruollon lo rilo$, lhe il€ld lnaoectilrio
lnspsot varlout aspaats otaonslruotar irich.al.onor",,
foms, rubbae, base cour8e oompqdlon, rnd nrlerlala
spooltlcallons; Mlnor charget rnd'addnloirr mw be
--'-
odered by lhr Deparlmont or localaulhorllvflofu
lnspoclor lo meol unEnllclpaled rlte oondff6ns,
10. Eaoh aoccge shall bo conelruclad ln a rrrlhal lhall nol oauso wel.r lo 6ntc onto the roaawavrhoulder, end rhe[ nol lntefere wnh iho;xiJld;;
ryslam on lhp rlght-of+rny or any rooprea runiafiryrlem and dralnag€ pl.n..
1! . . By.rccep[ng the prmll, pcrmtfle agree
reve, lndrmnlfy, end hold harmler lL thc oasnieflc
ryFw,tl" Ittulng rulhodty, thr Depedmcnt ltr ofliirnd smphlr.a from rultlr rc{Ioil, ilelma of tnv tvoctt.rEc-trrD]oughl bcceure of lnlurler or der:oi ' '
rurlelned by eny penon resultlng tmm ttre oei-nrfueru8a ot lhrrocasr permll durlng lhe conslrudlon of llaoo6aa.
C-HANCES IN AOOESg USE AT{D PERMITvrot-ATloNs
1. . -. h b tha rrponslbllltyof lhe proo,rly ovwrnd psniltl.r lo en.uro lh.l lh. ttr. of ihr roalsr kpmp9rty h not ln ylol.llon of lhr Codr, p"mlr6;;
condlllom or lho Acl. The larmr rnl oi:'nOrumi oi rrpermlt rn blndlng upon rll q3rtgn"..rdeoo*fn_ '
htersst, hlra lnd ocoupenls. lf rny Blonlllanl chqnrere medo or wlll be mrde ln lho uri of-lhc ooocrtviwlll afieot rocrcr opeefion, lre.lilc votu.. irU'* J"i
ryper lh. pcrmltlce orpmpe.ly ownlf .h.ll contrcl ltloorl Eruhg aulhorlty or lhe Doprdmcnl lo &termlnn.wrcoas p.mll and modlllcitonr lo lhe rcoesg rroqulr6d.
2: . .- _ When an rccess ls con.lrucl.d d usort I
.vlo]TLgn or !.hc g:d€r.oaton s+-ilitiit+ cii.nrc Act .pp[o.. The Dopertment or tcrriti! 'itmAry
3umm$[y ru.plnd sr ricaegs prrmlt rnd-krmedleiroroer clorure of lhe pocae whin llr conllnurd uaeprq3€nh rn Jmmedlale lhraat lo publlo heelilr, welhr:efety. _rmmrry ruspencton shifi oo.ptiiiliIrii"i
lltlc 24. GR.S.
MAINTEIIANCE
ll Thc parrltlte, hla orher heln. rrtcooaaclnt.r6s{, -slgns, rnd o-ccupenlr of lhc pro'perly ran
by lhe rcoorr rhrll br iosponrlbtr tor rircettno ttrc ti
and oondllonr of the pemll, thr raprlr cnd m-elnt"nr
oI Ine a.ootlt boyond lhs cdga o( lhe roedruny lnclur.nycEtlhgu.d and gele, and the rrmowt rcleeruofrnoal a loe upon lhe Bcooss 6ron lhouoh deoosltlh! eccass ln lhc coura of Deprrtmonl tniovr rdmov
oporallonr. Wlhln unlnoorponeled rrcer lhe Departr
wtfl l(s€p roola8 culvcrlr olasn u perl of maintinen.
lho hlghuny drolnsg€ lyBlom. Hotdov"r. O" o"*iri,
rosponrlUe for lhe repalr end repleoemcnt oi env "iroleted odvedr wlthln lhe rlghtd*rny. Wfihli
lncorponlod .ress, Celnsga r6sponilbllltca.for
munldpelUee rro delermlnad byihlul€ End locsl
or.dlnancc, Tha Daperlmonl wlfl malnteln ttro roeJqalnoludhg rulllary laner and shouldoB. oxopl tn lh(cegec wlrrra lha eocc:r lnslalleUon hri fe[* due t<lmproperroo*r conrkucllon end/or trtturo tr foffor,vpormlt rt{uhrmonla rnd apecllheilonr tn wtfotr cas,pemlttcerhellDe rerponilHe for ruah rop.lr. Anyrlgnlllalnl trprlr! ruoh re culvarl rephclineil,
rosurfacll{,.or $hanget ln destan ortPccllicrllons,
toqulres oulhotEallon fiom | .perl'ment.
.J
I
STATE HIGHWAY ACCESS PERII/IIT #399020lssued to Rifle Ski Corporation April 12, 1999
TERMS AND CONDITIONS
l' If there are uty questions regarding this permi! please contact Mke smith d. (g7o) 248-7231.2' A Notice to Proceerd cDor Forur 1265 is required before begnning the constnrction of the ac@ss or any activitywithin the highwav ri&t-of-wa;. all *u-itirrr, o""rri*t , prr*-*a ",il;i"* that must u" **pr"ied, ,hdr::,tr1sffiffit^flXy,f$* N"d;il;d;;;;u.ri" i,,*a- "o,lffi; Deparhent 1or rocar issuins
3. The following items are required before a Notice to proceed wiu be issued:
(a) constoction prans stanped by a colorado Registered professional Engmeer(b) certifi cate or ru'r"ance iiauuio, ;;;1;"" 2.3 (l lxh) of the Aess code.(c) Traffc Contrrolplau
4' ffi*Hffi"ffi;'"1""t"1m*m,L**r.** on the bac& or this pexrxit ail aryeocrosed
5' upoa completion of the access' tte applicaat sbafl aotify the Access lvfanager by certified mair within Io daJns ar
Colorado.Departmeut ofTlanqportation
Mike-Smith*Region 3 - Aocess ldmager606 Souh ge Sne*
Crrand Jtnctiotr, C.olorado El5Ol
6' ' rhis Pe@it is isnred in accondanoe *g*" sr*b Higtpay AryT He (zccR 60I-I; ad is based iE prt Eponffi.ffiffietffi|'#H* ftis;E*itv r*-'n" ;;';;"* stat'd in &e Appricafion-&,ioe
",* p*it "; #ffi#ffi ffieffi( This pemaitted aess is oury for fteuse rn r n.'pose stated in&e Applicaionaud pemdLE. Norhiag in &i
to'r"d;s r**ffi ffi ffi'**#Tffirffiffi ff ffi ffi*"* 43 -3 -toz
9'
ffi electicat' commmicatim, Iadscae@ and telqhone inoilations will require
r0' The Pemittee is reryoasible tr obtaiuing ary necessary *tnig11 ftderat state andlor cw*ypermi* or3,ffiffi ffig*;ffi effiL ihis 46pgss i",rit does not consnhre vrcrification
"' #"Hffigry ffi** shall b€sin dcr t:30 AJvr. nd anwo* ard eqsip'€ur dr2rr be ofr
12. No hi3*rszrlaaeclosriresorone-waJrtafrcwillbedlo#.
I I13' No uork wiII T {*"d 31ni8{rr, satudays,
",**tr* I"ql holida,4s wifhout prior a,rtodzdon fio@ theffiffirtr o.prrm*Glil" rcstrict vrerk wirhin tn" St t" rrehr.y ieLt-of-oy &Eing a&Ense
ta' It is fu reryonstirity ofthe pe,:nittee to prevrut a' rirrcsnock fron ededng +c s6e Eetnar ritfud_snxy d fr[sffi* Ary tiwstock G;; enter tre nigt*rrv Jgtr+-oy shalr be tae sole reqpo$ftilfr, of rte
r: H"tffiffffiffffiffi,ffiT,r"T1#,f *, ** "*4 fte oepartmerr ,,ay reqnire
te. Landscapiag shrll ast &suct sgFtdistmce at ey State IIEtMlEy aeess poilttz a ftIb
",(ec,oed ,T.lp.Ittpl of &is ryt:* F on the.ftcb site with the conrractor at aII times dnriag the( nnstruction- Fai-'- -r-' lE:ffiTi[ffiJlrum,ffixiry?T? res,rt in tr" i,ffiii"snspension of wor
STATE HIGHWAY ACCESS PERMIT #399020
lssued to Rifle Ski Corporation April 12, 1999
TERMS AND CONDTTIONS(cont,d)
18' Sun"ey markers or monuments rouna i1$3tg highway right+f-way must be preserved in their original positions.Noti& the Dep-artnent at (970) 248-7220 irorrl"orilryTp." oryrrg. to oidiscovery of any such markers ormonuments at the work site' Anv s,,ry-ey marters or *oorri.ot ai"t itJ a*r"ia" exeqrtion of this p€rmit shallbe repaired andtor re4taedi.#dirt"ty ,{ ilr;;ra;;;;; perrnittee.
19' It shall b6 tne lsponsibility of the Ptrrninee to veris the tocation oj t. ,t{hg utitities and notig all utilityownersi or operators of any work that might involve ritititi.r within tn" stateffiwry rigtrt-of-way. Aay worknecessary to protect' existing permitted rrilities, such as au encaseurent will be tlre responsibiiity of the pemritee.Any damage or disnrytion t"-,"y utilities during til;*uucdon shall be the penninee,s responsibility 2ad sha,be repaired or replaced at no oosi to the Oepardari
20' Any dawgeto ary plesetrtaighnxay ftcilities.including trafrc conEol dwices shall be repaired inmediately at nocost to the Deparfueut and pnor io contiu'iag o,tne""*orrc. Ary mud q other md€rial tacked or olterwisedeposited on the roadway st it u" remsved dri#";;;;; by the De,parment inspecror.
21' ArEas of roadnay aillor right'of-way dr*ry during this inglldion sherr !g restored to &eir origi'alconditions, to insre proper sherglL ddhag, a"a ert sioo totoof
22. Al,y inoomplete onshrctiou activity on.tlg_State_Higtuzy fher pust be l€ft oyernigbq shalt be barricaded andsigned in amordance with the lrfandl on uniform TEil &otoor p*icps and ofherryplicable +anrrards.
23' op€xl ctfs' which are 6 inches fu deptl' within 30 feet of the edge of the state l{i4o*,y taveled wry, will not beleft open A nigtt, on wee&@ds, or oo noUOry.
24' No Bot€ rh*n 6 feet of treoch arpss chzll be opened at Ny oretime- open tr.oees and oth€r excavatims witlitrffi,ffiffffiffiH,Lffrfj*i* -";;* berorc::ro p.M or,ach ;dd,s a"y'* u"
25. The aea mound the new woft shefl be well gr;/ledto drziq top soile4 tgrfrliadrmilched md r+seeded inaccordace with the Depatnef *anaad qpecdcafions.
26' when it is necessary to re+o,rc my hieLnay nght+f-way fence the posts on eithEr side of the access enaarcesball be secnrre! braced with ffired-e,rd -p".tr *d i";"rrf""*rr* with the pqrotmed,s M{7-l ".*ndar4before the fence is arg to preserif slacking orine remai,ning i*o. an posg md wfue removed sha, ss retrrned to&eDeparhent
27' Nl excamtions fon uility lin€q odvertq tenches or tu nels.qg ry th" regiremenrs of the occupdional,safefy and Health eaninistratiu (os{A), colorado r"ffid commissio4 colorado Division of Ivfiaes or fteColorado Deparmem of Tnnqpoddon, wticUerrer apfies.
--
28' The access shall-b6, coostroctea ryp*digl- to ft€ tavel lanEs dtte stte ltrg[q,ay fsr. 4 ilrinirnnm distmce of50 fe€g asd shell slope doum -ft *ryY tte aar;;6emedge atarate d:z% g&t[y1.a minirrnrm 6f20 td.' rf crxb md gffi9r ae rcseut it" rlop. *rri be ofiirt"a ao^ oaa line to pan lina Ary rwisions to rhis' requiremd shalt be snbject t6 o.erit-ern.;ri"* r"d 4,p;o,d pi* ti **""r;[."r qrmy wo& within the
.29. The affiss shetl [g completed ia an opeditious and safe ffirmer and shall Ss finichEl within 45 days &ominiriariotrofconstruaionwittinstr"md""y;Et f,-#; '.. - w ,*
30' hEsrunt to section 4.10-2 of tb€ state rrglway.lccess codg the :rccess roadway shrrr a6l exceed a oaximr:mgrade of l0 pq'ent wifhin rte hiehway-.ieti'of-q.av, ;;*.,*d i0 feet beyond t[e parrcmenrt edee ande,il€,ding to th€ right'of-q'ay tine. -lae
aooess v.rd"ar'srd;;d be desiged and c@shcted. in cdormanoewith the Departuem M & S ihndard M-203-1.'3l' Thc desig of ttc horizomal ed \rErticar dght disance M _b_ot l.,s thar ftg mirirmrrn rcqninmcrrE asprovidd in section 4-g of the stde FEgtway a"c.ss c"dq t cR 60I-1.
32' Nl rcquird access imprwemen8 iilru u" installed pnor to the herein-authorized use of this aGss.J' The access sttall be sur&ced immediately upon co.mpledon of eartLwork construction and priorto use.
STATE HIGHWAY ACCESS PERMIT #399020
lssued to Rifle Ski Corporation
TERMS AND COND tTtoNs(cont,d)
April 12, 1999
34. Compaction of subgrade, embankments and baclcFll shalt gs in accordance to section ZO337 of the Departrrent,sstandard specifi cations.
35- The surfacing stutlmeel the Department,s sp€eificatious with midmum surfacitrg to be equal to or greater rhrnCDOT Aggregate Base Course C:ibss 6.
36. slopes shall be at a 6:r ratio onthe roadway and a 6:r ratio on the approach.
37' No dra'ja ge ftom this site shall e,lrter onto the s-late Highway travel lanes. The pennittee is reqgired to detain alldrainage in excess of historical flows and time sf conceifiation on site.
38' All existing drainage sructures shall be ortended, modified or upgraded as applicablg to accommodate all newconstnrction aD.d safety stan&rUq in accordance witt Ae oepartnne"t's stanaard specifications
ILSKADO DEPARTMENT OF TRANSPORTAT]ON
TATE HIGHWAY ACCESS PERMIT
CDOT Permil No.
399019
State HQhway No/Mp/Side
006At 94 .61 9/
rmit
s100.00
Date of transmittalApril 12, I999
R egion/Section/PatroI
3/2/tO
Local Jurisdiction
Garfield County
re Permittee;The Applicant;
Rifle Ski Corporarion
Bob Regulski
28485Highway6&24
Rifle CO 81650
Reqdr.ed:
lnegioo
2Applicad
Rifle Ski Corporation
Bob Regrrlski
28485 Highway 6 a24Rifle co 81650
tereby granted Permission to have an access to the state highway al the locatton noted below. The access shall be constructed, maintained and used inlord'rnce with this permit' induding the State HighwayAcceIs code and any attactrments. t#, ;;diti"ns and exhibits. This pennit may be revoteo iyissuing aufiority if d any dme the permited access'ana its use violate ani p.rs "f trris plrmlf itre Gulng autho@. uie Department
"nif
tngr auii- -'
rinted agents and employees shal! be heH harmles agairril any action f&'personal injury or property damage sustalned by reason of the exercbe of themiL
On the north slde of SH 6 & 24, a dlstance it_A{t"et east, from Mp 94.
cgss to SeMceto
General Llght Industllal 2OO AIIT
rer terms and conditions:
See Attached Sheets
INICIPAUTY OR COUNTY APPROVAL
lulred onlywhen the approprlate.loc.il auhortty retairls issuing authority.
)q thestlning sf this permitthe permiilee agiE€s
ein. All construction shall be completed in an o<peOitious and safe manner and shall be finished wtthin 45 ;;yr fi; '
ffi$"
p€rmitt€d accsss shalt be cornd€tedin accordanc€ with tfie terms and conditions of $e p€nnit pri6ito
,
! permittee shall nott?y Pete Eofuaan with the Colorado llepartnent of.TransportationLiflle at 9'l 0-625-2286 at least 46 hours prior to commencing construaiin within the State Highway right-vay
person :ionim =ltre permiiee tflrst-b€ the owner or le6al rcpreserdative of ttre property served by he permi[ed agess and have full auhorty toptthe perrG and ils tsrrs and condflionr
1 is not vaft:d yntil siong{ !:t a duly authorized representaiive of the Deparfinenl.,, DEPARTMEI.JT OF TRANS PORTATION
Pnndous &lltlons.ae obroldG rnd meynot bG trscd
cDofFomt#lol Eg8
ioh,8..
3 ln aubmitflrg lhe requesl for admlnl6lrEllv€
hearing, the appellant has lhe opllon of lncludlng wllhln
the Bppoel r.requesl fc a revlew by lhe Deparlmenl's
inlornal admlnistralive revlew commlfiee pui,:smnl lo
[Codo] subrection 2.10. Wh6n such commiflee rovlaw lsrequested, procassing of lha appeel for formal
administrallre headng,2.9(S) and (6), shall be suspendeduntil lha appellanl notiti€s lhe Commlsslon lo orocied
with lhe admlnistrative h6aring, or lhe appellanl submllE ersquost lo lhs Commbslon or lhs sdmlnlslrativo lawjudga lo wihdraw the appeal. The two admlnlelrallve
processas, lho lnlernal admlnlstrallve revlew commlHee.and the adminlslralive hearing, mEy nol run cotcurrenlly,
4. Regardless of any conrrnunlcalions, meelings,- adminislrqtive revisl /s or negoliallons wllh lhapaparlmenl or lhe intemal adminldrallve revlqrr
CEnmittEe rsEI rfi n-r.a$iis'i:ns or dridlmE f E rhE 'trg,rnlto-* isial..trttra,:sryrilte:n rodi:zrtwidre-rg' G- ltrEtklslmBrtb vrnTt.k'3:Ernmrslatlitr-?
,
th€ spF .rst be broughl lo fhe Commissfon
-:,:+WEflL\-
State Highway Access permlt, Standard
Conditions
This Form ls Attached to Each Access permtt
lssued Beginning August lr, 1998. Form
10'tb
The follow{ng peragraphs ere excerpls of lhe Slsle
Highway 1566"" Code. Thaee are provlded for vourconvenlanco bul do nol elleviale coinpllence wllh allseclions of the Access Code. A copy of lhe SlaleHlghway 4a6s6. Codo ls avellable ir'om yourlocal tssulnoaulhority (locel govemmenl) orth6 Colorado Oepertmeniol lrensporlellon (Daprrlment). When this permll rans
issued, lhe lssulng eulhorlly mado ils dbclslon bssed lnpart on lnformalion suhrlfled by lhe appllcanl, on lheaccess celcgory whlch ls asslgned to ilie hlghvuay, wlulaltsrnativo rccees lo otrer puElic roede enO-stree'fs ta --
-ilable, ild sefety and deslgn shndards. Changee lnor deElgn not approved by lha permlt or lha laa-ulno.,rorily mry ceuse th6 r€vocalion or suspenslon of lhipermit.
APPEALS
1 . . - ShoutdthepermifleeorappllcantobJecllolhe
denrat o[ e permlt appllcallon by lhe Deoartmenior oblactlo sny o[ tho lorms or condlllons of a permll pleoed lh6re-
by th6_D6pe rlment, tha appllcanl end'permltieo
(appellant) have a righl to appeal lhe declslon to lhe
[,t Ensportdion] Commission [of Colorado]. To appeal adeclsion, submit a roqu€st for Edmlnistralive hceiino toth6 Transportellon Commlsslon of Coloredo wfthln 60
deys of trsrsmittel of noilcs of denhl or lransmlllal of lhopermil for signalure. Submlt lhe requesl lo lhe
Transporletion Commission of Coldrado, 4201 Easl
Arkansas Avanuo, Denver, Colorado aoizz-gaoO. ii,erequosl shell lnclude resons forlhe appeal and mav
include chengo6, ravlsions, or condftioiri lhal r,roulJ Le
acceptable to lhe penrJilee or appllcant.
2. _. Any.appeal by lhe appllcanl or pennlflee ofaction by a local lssulng euthoriiidrell be tileawlth thelmal srilhority and be consislen[wilh lhe appeal
rdures of lhe local aulhorily.
within 60 dayr of lransmlflal olnollao of donlal or
hensmltlel of lhc pemll.
PERMTT EXPIRATION1. A p€rmlt shall be conilder.d oolred tf the
rocBss l! nol und6r oonBlrudion l,rrllhln olr'y.rr of lhrpormll h3ur dil. or bafora lh. E,Olreilon ofinv ' "
euthorlzed sxtEnllon. Wh€n ttre pirmlttce Ir uliablo to
oommonco conslrucilon wllhln on. yEar si6r lha D€mltlasue &te, lha poryrltt.€ mayroqujst a oni'v;;r-"-'
sxtenslon from lhe lerulng ailhorily. No mord thin turoon6-y6.r erlonslonr mey bo grrnbd undlr anv
otrcum3lenoos. lf lhe aocesi b nol undsr consiruc[onwlthln$roe y6srs lrom dete of lrsuo lhe Dermliwfll b;oonsucrcd exptrod. Any mquort for rn cks:niiiii iiruif m
rn wflfing and 3ubmliled lo thc ]arulng euliodty bsfon lhcpermll uplres. Thr raqueat rhoula
"iatc [,i ;lrson;;vh;tho_€xtmBlon L nacorrary, urhcn ooastruotlon le '
anttctprted, snd lnclude a copf of p.g. I (fror of oeml0
of th€ rcoosl psmlt, Exlsnsl'o;
"piorovatrifrrl tJln " ""
wnung. rhs toaat bsulng aulhorlly rhall obtrln theooncuncnce of lhe Deprrlmeril prlor lo lha rDurovEl d enan6n3bn, En-d Bh.ll nollfy lhs Doptnmsrd of i[ denledoxt€n8b.n! wlthln ten dap. Arry person u,bhlnd lor.rsltaDfl.h rn eccass p€nnlt thel hrr axp]ed irav beolnggaln wllh lhe appicellon prcedurca. An eDoroved
Nollca lo p,roceod, EulomitloCJy r6ne$n lhi iooesspermlt lor lhe perlod of lhe Nol6e to proorid. -----
CONSTN,UCTION
1. . . . Conctructlon may not begln unU r Nollce loProooed la approved. (Codeiubcaction i.lj -'---- *
2, The omalrucllon oI the eoceer rnd lleEppun.nsnoos Es rrqulrod bytho lem3.nd oondlllon: ofrh6 p€lml Ehall bc complctad rl lhe oxprnre of lhepormltb.€ axaept aB provld€d h rubrodUon 2,14. Altmaterlrls ueod ln lhe oonslrucllon of fre aooetr wltirln lhehlghrffiy rlghl.of+rry or on permenont aersmcntg.
' '"
becrorno plbllo proprily. &ry materlals rrnovrd fromlhohtgh$Iay rtght-ofiinl:{.1!l be dlepoted of only er dhoaed
by tho D6parlm6nl. All fenolng, gurrd rrll,trifllo controldevlc6. and other equlpmant-jn? m.t6drii r;;ov&;
lh€ corltto oI ecceeg oonslrucfon ahall hc olvrn lo lhrDapartmant unlerr othsmlso hdructed byitii iiniiti,lhe Depadmenl lnspoclor,
3. _The permlflee ehall notlfi thc hdlvldual orlheofltco spoclll€d on lhe parmlt or Nollce to proooe{ at hartlwo r^,u.tlng days pdor lo any conrlrudlonWlthln elsh
hlghrvay dghl.of{ny. Conslruollon oflhe rcoers ahst nolproceed unlll bolti tha eooesr permlt and he Nollcc toPmceed are lasued, The acc,eis rhelt bs comoliisaii rnexpediltoue and sds manner.nd shnll b.llnlih€Jwiii,ln'
45-day: from lnlllatlon of condrucllon wllHn tho hto'tr,,tavrlghtof-nny. A construcllon Ume extensto0 noilo-&;of
39worklng.days rry be requestoO trom Ura tndtvtOuai oioflloo speclllod on lhe permlt.
4. .11t" lssulng authodty end fhe Depailmenl
mey lmpocl lhe eccerr durlng oonrlitodqr ind umncomplellon of lhe rocer lo eicun thct eI te.mc ;;Jcondruonrof lh! p.rmlt er6 m.t, lnrpscloE rI!. euffiid'E stfrdtEtirG ffilisnr'dtlrr'rrilt {t tn E:rE1u!ftar.otttHtarrr rart iilE dhr.@tdrt - -
vraylird !D 1tot r|ompy wlth tiE ,royisto'[ dI tlo ;
that conlllc-l wlth concumnl hlghuny oondrucllon'or
-malnlananeo tilrork, lhnl endangor highua, proporty,
nalural ot cultural resourw protecled by levrr, or the
haellh and safety of wo*om brlhe pub6;
5. Prlor lo uslng lho acoess,lhc pep11g." ,.
r8qulr€d lo oomplelo th. cbnolruoffon .odrdhd b thetttmr end oordlllona olthe pgrmlt Fallu]! bvGcprmltto. to alildc by a[ peinlt lcm8 rnd cdndillon. shafl
ff iliil',1"*ir*TJfl [?fi Hi'[#rorr"tirnsauthorrrvolols tht sao.8c. ll ln lhe dolcmlnafion oi lheD.parltnont or tsaulng auhoatiiii];tiiil b trnolv wrr,or oompl6t..th. oonrtruo{lon riqulremantr ot ifrJ [i'rrii"onate a hlghmy aafety hazrrd,'ructr rlrait tJ'iifiii"ii
cau-8€ ror thc tummary uspcnaloa of lhc porilt. lf th!pormmso wl3hst lo use lte locms rdor 16 comdrfiin.anEngsm€nlamust be aprovcd ly'thr bsulni 5ifioiiiurno Dopertmdlt rnd lnclud6d ln lh6 pcrmll..Tlicpopalmsnl o, ltBulng ruhodty ,nsy 0rdcr r hsll lo cnvunaulhorlz€d u3. of lhe aooeci purirdnr iorftutrv i'narogulatory povy6rs. neconrrructt6nir lmp,wffi;Iiilil;
1TtB.r m?yF roq{rodrr{hon tho peml'fio€ tattrU,rril'omecr mq.utrcdrpeclllcallcnr of daslgn rir m.lod6b. tf d;oon.lruotlon €l.ment fallewllhln tun-y.rrr due lo-'
-' -"'
rmprcpor conCruollon or mrlorlal spddfiorllont. thspcmltles shal be reeponrlble for a'[ rpetn. frlire romr[o.auoh ropalE may ]Eull ln su:prnelon of lha pormllend clorura otlhs Eoos.r.
-The permlllee rhell proyld€ oonElruclhn lrsriicoonrrol oavtc€3 El ell llmoa duflng accas oo[slnrllon. hroonformanco wlth ths M.U.T.C.DI ", rqr["i'byti"lltil'
42-4-104, C.R.S., ae amonded,
7. A utlllty parmlt thell be oHalned for rnv ulfltr
urcrk wllhln hlgh'aqy dghhf.ti,ey. Whrrt n"osr"ri io ""
mm.ovs, reloatls, or ropaL t lf.illo oorlml devlce or'-puDllo or prlvate utllltles for lhe condruollon oF. D6rmltt6dioc'aBs,.tn€ ratocallon, runovel or reprlr rhall bi
aooompll8h€d by lhe permlflee wlhoirt oocl to thiD€plrlmont or Issulng auhotily, rnd rl lhe dlruotlon ofu..oepeilmenl or ullllty oompEny. Ary drmafl. b lhr
8g.ro- ntghmy or other publlo rlghl-of*try beyond thetwhtcr tB Elloy\,.d ln lhe.pomll rhr[ bc re'palridlmodlBtely, Th6 permlttGo b reeponrlbl; for lhe mootr ofany ullllly drrnaoed ln lha oourae ofsooesr conaruiilon,'
rGoonslruollon or r8palr,
8. ln lhe eyant lt beoomes nroc..ary |o rumovosny rlght-ot{ r.y fence, lhr potla on Ettrar rtJoilitrc-'-
.oooss-6hEll.bc-s6cur6ly brrood wllh rn apprcved endpoBl DFIoro lhc frnca 18 oul to provonl any ilecklno of lhsramatulng [6noe. All poab end wlre nmoved qre -
D€pa,lmsnl pmpedy and rhrll be lurned oVer lo .
r€prg8onlallyo of lh6 Daptnmont,
9. Tha permlfioo ahall €nrura lhrl a ooor of lrurpermllls svallable for revlou, rl lfto conrtruafnlite ci nn
$q99,The permll may requlrE lha oonlmc-lor to nofffv flllhltvtduol or omoe rpecilhd on lhe pe.mn rt mv rpeoitbaplle8ea ln oomlruollon lo rllorv the lleld lnroectlrio
lnrp€ot varlout aapecla of aonslrqc-Uon ruch ar conorerefoms, rubbara,,baee couro comprodon,,rnd mrterlelir#trirzliqmr-Irfrnsr dtrrF cd' ddl "r-h
_'-
irllprrctrlo flEt unmlilripaH.lt! londllio't5,
10. Eaoh acosss rhefi bs conelrucled ln a rrrlhal ahall nolceusa r\raler lo Bnlr onlo lho rcad$ra;rhouldir. rnd rhall not lnterfero wlth th" ;iHld;;
1tf! gllf rlSht+f+ny or any aOopr.a ,run-rap.ryitsm and drrlnage plen..
tt. . . By-rccep{nglhopennlt,prrmlflsroroe
.e{o, lnd.mnltyr end hold harmler lL th. o)ltonleil(Dy 5w. tF larulng rulhorlly, lhc Depertment ltr omiano rmpbJora from rultr, adlorr. olrlmr of env tman.nrotffDmuohl bccaure of lnfudat or darroi "
.u.lrrn.d Dy .ny penon rerulllng fmm lhe oorinltte<ur. ot tnaloo6.a pemlt durlng lhc conslrudlon o,llaoo68A.
G_HANOE|N ACCESS UsE AND PERMTTvtoLATtONr
1. . _ lt b lhe reponelbllllyollhe proo.rlv owrrnq p€.rnfir. lo €nrure lhcl lha ure ofih!;ccl83 kproperty b not ln vloldlon of the Ood6; pom,[i;;;;
oondllloil orlh6 Aol. The lemr ma oohaUorioi
",parmlt en blndlng upn r[ eerlgn., "u-fr[rijrr]'rnt.nE3tr- lDlrr a]|d occuprnls. lf rny rlonlllrrl cheru.m msd.orwlll be mrda ln lhe sri of-lhc o,oD.rdiwlll rffed rocra opeeilon, lrrf,lc voiim, IJi" J"i
ryp€r u6 p.mlfioe orprop€rly own.r 3hsll conlsd ftroarl E.uho rulhorrty or lh. Dcprrlmcnl lo delermlnnoweccat p..mlt.nd modlflci[onr to lhs rccesg ir€quh6d.
2: - - Whon an ecceee le conrlruclcd c ueoo Ivlolellon of th! coda. raoflon lt^Z.iiitOlt+ c-.i.i.th. Ac{ rpptl... Th€ Dop.rtmsnt or frrilii-iirit orr-nirumm.dry ru6p€nd gt aooees pcrmll and-krmedlaitoruoralo8uro of lhe rcoaar when lll conllnutd uceprerenh rn lmmedlale lhreal lo publlo herl0r. welier
,ii:"li,tdg.!:" rurpenston rhitr oornpy wrii "iii"i
MflNTEilAiICE
1:, Thc pendlloe, hle orher halnr utoc€ra(
lnttr€Gtr raSlgnsr rnd ogoupanla of lhc orooedv rerr
Dy the eoo[. rh-rll br ierponetbh for rircalnoihc trrnd condllonr of thc permlt, thc rrpelr and m-"lnt"niot ue accara beyondlhe adge ollhe oadlvry Inclurany catlla gurrd snd grle, and lho mmovet r cleerc
or 3now oa loe.upon tho eocess aren lhouoh depoeitms Eooata ln tha aouta of Dopedmenl gnovr rdmovopernuonr, Whln unlnoorpor8led rrcar lhe Dopartrwlil ta{lp aooa38 culvarls olesn a3 pert of malntincn
the hlghuay drelnage ryttem. Horvlr.r. riir-*rrnrri.reaponrlUe lor tha rirtlr and replaoomcll oi rnv ecrol.lod odvsrlt wltftln the rlghtd&uny. Withln
lncorpomlod rreEa, &elnege reaponilbllltcg formunlclpalUer ere delermlned byitatuta and locetotdlnaaca Thc Department wlll matnrafn ffrc iorU'uaholudlng.udllary l8ne. and shoulderr, eroql ln thiceeoa whero lhc ecocll lnalaltalton hei frlld aua tcrmprop€racos.s conrlrucllon end/or frlluro b follo,.rpom!! rEqulr.monls rnd apecillcrttonr tn ulioiioasipem[le€ shrll F€ rosponalblo fo, suah i€Dslr. Anvrlgnlficrnl Eprttr &clr' rs culvorl 6olrcainsrr..tEAEirEr_r qfz qr ln Oclgr r tpattcriart,*fufu -'Dittlraut,
STATE HIGHWAY ACCESS PERMIT #399021
lssued to Rifle Ski Corporation
April 12, 1999
TERMS AND CONDITIONS
l. If there are any questions regarding this permi! please contact Mike Smith at (970) Z4g-7231.
2. A Notice to Procee4 CDOT Form 1265 is required before beginning the construction of the access or any activity
within the highway right'of-way. Atl submittals, documents, plus ud other items that must be completed, shell
be submitted and approved before a Notice to Proceed wi['be issued. Contact the Deparhent (or local issuing
authority) for the Notice to proceed.
3. The follciwing items are requircd before a Notice to Proceed will be issued: . .(a) Construction Plans Stamped by a Colorado Registered Professional Engineer.(b) Certificate of Insurance Liahility as per Section 2.3(11Xh) of the Aess Code.(c) TrafficContolplatr
4. The Permifree Salt refer to all additional standard reqrdremeds ou the back of this p€rmit d, uy enclosed
additional tenns, oonditions, oftibits and noted atacfunents.
5. Upon completion of the access, the applicant shall notiff the Access }vfanager by certified mail s{ftip l0 days at:
Colorado Deparmem of Transportation
lvfike Smrth_Region 3 - Access lvIanagBr
606 Souft96 Street
Grand Junctiom, Colorado gl50l
6. This Pemdt is isued in accodance with the State lfigtva5r Aocess W (2 CCR 60I-I), ad is based in pat qon
the inftmation s$mitted by the Permifree. ftis permit is onfy for the use and Enpose stated in tte afpfication
a9-Perrnit . Atry charyes in trffic volumes q Epe, drainage, m otha op€ratiofu ;spects nary render tfiis p€mitvoi( requiringan$rp€rmittoberypliedftrtubdryonidst gma;nctpa"anrireooraitims.
7. frispemitrcd acoess is onlyforthe use mdppose stated inthe Applicdionandpemxit
E. No&iug in &is peEdt shall Prohibit the c[ief engineer fiom arercising the riglt grantetl in CRS 43&-]oz
includingbutnd limited to rcsEictiqg I€ft rrmd txns-by constnrction offtFfof rn&A,f ,.errt-r.
9. Whter, sanihr5r, s€fe4 gas, elecEica[ commrmicaio-n, and telqrhone installations \dll rcqrrire
indivi&El additional pemits.
10. The Permtree is reryonsible frr eainiag ey neessary additional ftderal state odlor Cfty/Cffiy pcmir or
clearances rcqtfted for constuction of the aess. Aperc\xal of this'access #rmit does not ciasi6fe-ririficaion
ofthis action by tlie Pernitlee.
11' lqwo*offi.!-1*F4]rydgfttd-way shalt b€ginaft* 8:30 ata grldafiqrc* ed equipned.sdlbe otree higtway BEF'ORE 3:30 pM wh dsy.
Ul. No hieLcay lane closnres or ono.vne5r tafrc wiII be allowed-
13. No wo* will be alloqEd at EigLt, Satuxdayq Sundays and legal hotidays withot prior arxtcizztion Gom the
D€Partm€ot The Departmmt nay also rcstia sCIrk wi&itr-the Statalfighway iigtt-of-*ry during adverse
weather conditions
la. It is &e reqponsibility oftte Permifree to pren€ot all lirrstoce fiom entering the Stde 11gtway rigtid-vay * eis
,rooess locatioa Any tivestoc& that doe; €ffier the highuzy righ-of-ura1shrfl !s te-sore refrasrilit!' of the
Permittee.
15. In fte errcd the laudscapfug becomes unsigLtly or considered to be a traffc hazar4 The Departneut nay reqgire' ' ' rhat itbe removed promptly by the puorittee and at no cost to the Departmed"
16. kndqing sharl not dsuuct sight-di*ance at atry state Highs,ay acccss pofutr
17. A ftIIy e:recrrted 3mplete copy of this permit must be on the job site with the conhactor at all tiires drring theconstnrction Fd-lf to comply with this or any other constuction requirurent may result in the immediae
s;spension of work by order bf the deparhent in$eaor or the issuing aptnirity.
-2-
v STATE HIGHWAY ACCESS PERMIT #399019
lssued to Rifle Ski Corporation April 12, 1999
TERMS AND CONDITTONS(cont,d)
18' Survey markers or monuments found in statg highway right-of-way must be preserved in their original positions.Not& the Departnent at (970) 248-7220 immeaiately "upon damage to or discovery of any such markers ormonuments at lle wo* sit9.- Any suwey markers or monuaents dish;ed durid the execution of this p€rr1it shallbe repaired andlor repraced immldiately at th"
"r.p;"s" ;th"-permittee.
19' It shall be the reqponsibility of the Permittee to veriry the location 9f the existing utilities and notify alt uilityo\f,neni or operators of any work tbat.might iuvolve utilities wittdn the state rrigi*ry right-of-way. Any worknecessary to protect existiag permitted utilities, such as an en€sement will be thercqpons&itity or iUe rdmftee.Ary damege or di$rptiou to atry utilities during the constnraion shrll $s the permittee,s reqponsibility and shatrbe repaircd or rqlaced at no cost to the Depardent
20' AT damage to any presedhighway frcitities including traffic contuol devices *h1n be rcpaired immediatelJr 3t ssTtt t9 the Deparmem and prior to contimring other-worlc A"y ;; ; "ttF.a*ia fiacked or sft€rwisedeposited on the roadway shall be removed dailf or as ordered by tfr" o.pr"t *t i"rpoto.
21' Arcas of roadvmry andlot rigfu+f-uay difinbed drring this insallafion ihru [g restored to their originalconditions, to insureproper stre*gth, arainage a"a erosiont"tol
22- ry ry*.pt"t oon$1$9n activity on tl9-State IIgLway rhrr Eust be l€ft overnight, shafl be barricaded adsigled inaccordancewi& thelvfanual on Uniforur Traffc 6"tor p*i."r *a oao6pricable standarr(ls.
23' op€tl cttts, whicfr are 6 inches in dath, within 30 feet of the edge of the stat Hi4qay traveled vray, will not beleft open at nigtt on weelcendg or on holijays-
24' No more th*n 6 ftet of trench atas sharl be opeaed at auy one time. Qpen trrenches ad other eeqdions withinthe seE Eighqay rigLt-of-uay shall be taclauea mi* Fr/ed befoie 3:30 p.M d each wo*iag day or beprotecfiedinaccordancewiththeMU.T.c-D. --v- "v'Ers6 .*r w
25' The e"" routrd fte nery work shalr be well graded to drai4 top soile4 miza+ ,,"ulched ad re+eeded inaccordance with th€ Dqarhelt stedd specmcations
26' Whexx it is necessary to reryrye auy highvray ridrt-of-wav fence, the posts or eift€r side of &e aocess €nrnnceshalt be semrely braced with ryprorzed-end-p"s" -d intnrormao"e with fre pepgtm.enfs M{02-I shdar4before the fence is org to rvent slacking of the remaining fence. AII posts ana wiri remorrea shall be retnned totheDepartment -E---
27' Nt excavations Pf qfty lines, erhmts, tenches or tmnels shalt meet &e reqriireurds of the Occq6iona[Saf€ty andHealth Adminisuation (OSHA), Colorado Infusfiial Commission, Coiorado Division of lvfines ortheColorado Departnent of Transportation, whichever applies v 'Bw vr
28' The :Iccess shaflte- ootrstructed per@iorlar to fre tarret l*nes dthe Stae Inghvray fog a minirrrrrn disbnce of50 fE€t, anrl shstl slope down and avay ftog ee adjaoed pav€o€nt edge at a r;te oi zu" gg.dsfr6 4 minirmrm 6[20 f€.' If qEb md gmer re F€se4 the slope shali ue carorrarea aonlm'nne a p- ur.. Auy
-rwisioas
to rhis
ffi-g**!*J"* o peparmer ri:view asd +erowl pri6 6 oorr,.en;m€d of ary wsrk wiftin fhe,mgnEtrJrngffi-oFway.
29. The access shalt be mmpteted in an expeditios ald safe m-rmetr and sh2ll S6 finiched withi! 45 days frominitidion dconstmctiou withfu State Higlvray ritttd-{ray- -
30' Rrsuant to section 4.10.2 of the State lrigluay Access Codq the :rccess roadvray shall not exceed a maximumgrade of 10 p€rceot wilhin the hietsry-nghi+f-vay, as measured s0 feet b.ilrd the parrement edge and€xterding to tbe right'of-way line. The access verticat'gnaae rhfl G d"dgr"d *A *"tu {rd in coffirmance
'31' Tbe dcsign sf the hGizoffil and vErdcat sigtr distance dhatt gg no less rrrrn the Eiuiq;p rEquirEEGrtE asp,rwidd in section 4.9 of the state Itrgbsay il""rs w 2cm. oot-r.
32. .Nl reqdred access improvemene lhall be installed priorto tbe herein-arrtorized rjse dthis access.
33. The access sball be nrrfaced imrnediately upon complefion of earthwork construction nnd prior to use.
-3-
STATE HIGHWAY ACCESS PERMIT #399019
lssued to Rifle Ski Corporation April 12, 1999
TERMS AN D CONDTTTONS(cont,d)
'- ff*:ifr[[]1ffi:, embankments and bactfill sharr be in accordance to section zo3.o7 of rhe Departmerr,s
35' The nrrfacing shall meet the Deparhent's specifications with ,rinimum surftcing to be equal to or greater thanCDOT Aggregate Base Course, Ctass O. - -r----.Evu 'r'q '
.
36. slopes shall be at a 6: r ratio on the roadway and a 6: l ratio ou the approach.
37' No diatnageiom ois site shall enter onto. the Slate Highway travel lanes. The permittee is required to detain alldrainage in excess of historicar flows aad time of concenration on site.
38' AII existing drainage structures shell !s extended, modiEed or upgraded, as 4plicablg to accorumodate all newconstruction and safety standards, in accordance *ia a" p.eril*t,s standard specifications-
DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS
F'OR
BIG R COMMERCIAL PARK
IN GARFTELD COUNTY, COLORADO
INTRODUCTION
Declmant, as identified herein, is developing a cofllmercial park subdivision known as Big
R Commercial Park Subdivision ('subdivision'). The real property that constitutes the land arei
of the Subdivision is
reference. It is Declarant
certain covenants,
furtherance ofits
('Declaration') shall bind and benefit the Declarant, its successors and assigns, and all persons or
entities who become a grantee of one or more Lots within the Subdivision.-Every Lot within Big
R Commercial Pmk Subdivision shall henceforth be owned, held, conveyed, encumbered, leased,
improved, used, occupied, and enjoyed subject to the following covenants, conditions, restrictions
and reservations, and the same shall constitute a general plan for the Subdivision, ownership,
improvements, sale, use and occupancy of the Lots thereiru to enhance and protect the value,
desirability, and attactiveness of the Subdivision.
ARTICLE I
STATEMENT OF PURPOSE
1.01 General. The purpose of this Declaration is to ensure proper use and appropriate
development and improvement ofthe real property that constitutes ttre SuUa]vision, so ^ to prLrnia.
harmonious commercial development and promote the general welfbre- ofthe Lot Owners, ienants,
invitees, and guests thereof, and protect the present and-future value of such property.
ARTICLE TI
DEFINITIONS
2.01 o'Association" means and refers to the Big R Lot Owners Association, Inc., a
Colorado nonprofit corporation
2.02 "Association Doctrments" means this Declaration, the Article oflncorporation forthe
Association, the Association Bylaws, all Association rules and regulations, all documents
incorporated by reference into the foregoing, all procedures, rules, regulations, resolutions or policies
adopted by the Association in accordance withthe aforementiorr.ddoru*ents, and all doc,ments
of record with the Clerk & Recorder of Garfield County, Colorado that affect the Subdivision as a
whole.
p pmfoimprporated herein by this
ilie l$ts witfrin the Subdivision to
the pnefit of the Subdivision in
ns a&*eservations set forth herein
Big R Commercial Park
Declaration of Covenants, Conditions and Restrictions
Page2
2.03 "Boatd of Directors" shall mean the Board of Directors of the Association, as
provided for in the Association Documents.
2.04 "Improvement" shall mean and refer to and include any and all structures and all
appurtenances tlereto ofevery kind and type, and all other physical changes upon, over, across,
above or under a Lot or upon existing improvements located in or on a I,ot, or the landscaping and
facilities within right-of-way adjacent to a Lot. This definition shall include, but shall not be limited
to, the following facilities and activities, whether of a permanent or temporary nature: buildings,
outbuildings, parking skuctures and garages, parking lots and other parking areas, streets, roads,
tafEc contol devices and.si [pg areas, signs, canopies,
awnings, trellises, fences,recreational facilities,
walkways,pedestrian
trailers and other tem
and bridges, construction
walls, stairs, docks,
windbreaks, exterior air conditioning, lighting fiiturea; drainagJsauctures, communications
equipment including but not limited to microwave dishes and relay equipment, coaxial and fiber
optic cables, satellite tansmitting and/or receiving ground stations, poles, pumps, wells, tanks,
reservoirs, pipes, lines, meters, towers, and other facilities used in connection with water, sewer, gas,
electic, telephone, regular or cable televisions, or other utilities, changes to any improvement
provided that with respect to such facility constnrcted (in behalf of or for a utility, such facilities is
included in this definition only to the extent it is above ground. "Improvement" as defined herein
shall not include improvements, alterations or remodeling which are completely within the interior
of a structure and which do not affect or change the exterior appearance of an improvemen! are not
visible from the outside and do not alter the permitted use of Lot as defined in Article III.
2.05 3'I nt)' shall mean and refer to each of the lots within the Big R Commercial Park as
shown on the final plat thereofrecorded with the Clerk and Recorder for Garfield County, Colorado,
as said final plat may be amended from time to time.
2.06 'oMaintenance" shall mean and refer to any activity or function that is necessary on
an ongoing basis or intermittenfly for the purposes of: (a) maintaining and/or operating any vacant,
unimproved land; and/or (b) maintaining and/or operating improvements before, during and after
construction or installation of such improvements; and/or (c) for the ptrpose of enabling or
facilitating the permiued use of any Lot.
2.07 "Owner" or "Lot Owner" shall mean and refer to the record owner, whether one or
more persons or entities, including Declarant, of a fee simple title interest in and to any Lot within
the Subdivision. "Owner" or "Lot Ownef' shall not mean or refer to any person or entity who holds
an interest in a Lot merely as security for the performance of a debt or other obligation; or pursuant
to an easement, right-of-way, or license that pertains to or affects a Lot or Lots, or appurtenant to,
a Lot or Lots.
2.05 "subdivision" shall mean and refer to the Big R Commercial Park as described by
Big R Commercial Park
Declaration of Covenants, Conditions and Restrictions
Page 3
land area on Exhibit A attached hereto and as shown on the final subdivision plat thereof recorded
with the Garfield County Clerk and Recorder, as it may be properly amended from time to time.
ARTICLE III
PERMITTED USES
3.01 Perrnitted Uses. Subject to the covenants, conditions, restrictions and reservations
set forttr in this Declaration, all Lots shall be used solely for such nonresidential uses as are allowed
withinthe Commercial General zoning district, of Garfield County, Colorado, underthe conditions
set forth herein. This
with approval of the
resubdivision process
l&eFal use on specific Lo(s)
and pursuant to a
ofawater supplyplar5
payment of school i leview required by the land
use code of Garfield County then in
3.02 Pre-existing Agricultural Uses. It is anticipated that the Big R Commercial Park
Subdivision will be developed over time and that pre-existing agricultural uses ofthe property witl
be allowed to continue in a manner consistent with that development. As a result, prJ-existing
agricultural uses on portions of the Property shall not be subject to the restrictions of this
Declaration.
ARTICLE TV
ASSOCIATION MEMBERSHIP ANID VOTING RIGHTS
4-01 Purpose. The purpose ofthe Association is to administer and enforce the covenants,
conditions and restictions set forth in this Declaration, and otherwise administer and enforce the
provisions of all Association Documents, and to carry out the purposes herein stated and the
functions necessary for the proper use and maintenance of all Lots *itt i, the Subdivision.
4.02 Membership in Association. All Lot Owners in the subdivision shall be members of
the Association and consent to all terms and conditions set forth in this Declaration and all
Association Documents. Membership shall be appurtenant to and may not be'separated from
ownership of any Lot. The vote for such Lot shall be exercised by one person or alternate penions
(who may be a tenant of the Owner) appointed by proxy in accordance with the Bylaws.
4.03 Transfer ofMembership. An Owner shall not tansfer, pledge, encumber or alienate
his membership in the Association in any way, except upon the sale orencumbrance ofhis Lot and
then only to the purchaser of his Lot.
4.04 Board of Directors. The affairs ofthe Association shall be governed by a Board of
Directors, consisting of not fewer than three (3) persons in accordance with the Bylaws, except that
there need be only as many Directors as there are Owners oflots. The Directors may be nonresidents
Big R Commercial Park
Declaration of Covenants, Conditions and Restrictions
Page 4
of Colorado, but all Directors must be Owners oflots, which in the c.lse ofcorporate orparhership
owners, shall include the general partners, officers and directors of each such corporate or
partrrership Owner, provided that so long as Declarant is the Owner of six (6) or more Lots, any
person may serve as a Director and the exclusive right to vote for the election of the Board of
Directors shall be vested solely in Declarant. Once the Declarant no longer has exclusive right to
vote for the election of the Board of Directors, the Directors shatl be elected at the annual meeting.
4.05 VotingRights. Appurtenanttoownershipof Lots3throughl0 isone(l)voteeach,
Lot 2 is two (2) votes, and Lot 1 is four (4) votes. Such votes are for the pu{pose of all Association
matters regardless of
infractions. Whenmore
members and the vote for
more votes be case for
not agree as to the manner in which their vote(s) should be cast when called upon to vote, then they
shall be treated as having abstained.
4.06 Compliance with Association Documents. Each Owner shall abide by and benefit
from each provision, covenant, condition, restriction and easement contained in this Declaration, and
all Association Documents. The obligations, br:rdens and benefits ofmembership in the Association
concern the land and shall be covenants running with each Owner's Lot for the benefit of all other
Lots.
4.07 Association Expenses. Expenses ofthe Association include, but are not limited to,
expenses associated with the Association's responsibilities for road and access easement
maintenance, permit compliance, roadside landscaping, operation and maintenance of the fire
protection system and the water supply therefor, well water augmentation from West Divide Water
Conservancy District, oversight maintenance of the individual seurage disposal systems, and
operation and maintenance of the drainage path along and culverts under Highway 6 &24 to the
extent not maintained by the Colorado Depar[nent of Transportation. Unless allocated separately
under the Association Documents or specifically atftibutable to one or more Lots, the expenses of
the Association shall be allocated as follows: Lot I -28.60Yo,Lot2 - l4.2\yo,and Lots 3 through
l0 - 7 .14% each. Each Lot Owner shall pay its share of all such expenses in accordance with the
Association Documents. Failure to timely pay any amounts, in whole or in part, may be enforced
as a violation of these covenants.
ARTICLE V
ASSOCI.ATION FUNCTIONS AND DUTIES
5.01 General Authoritv. The Association shall fufin its obligations as required underthe
Association Documents. Additionally, the Association may do all things reasonably necessary or
desirable to keep and maintain the Subdivision as a secure, attractive and desirable comrnercial
development.
Big R Commercial Park
Declaration of Covenants, Conditions and Restrictions
Page 5
5.02 Rieht to Make Rules and Regulations. The Association shall be authorized to and
shallhavethepowerto adopt, amendandenforce rules andregulations applicabletothe Subdivision
to implement the provisions of this Declaration and all Association Documents. The Association
mayprovide for enforcement of any such rules and regulations through reasonable and uniformly
applied fines and penalties, or other reasonable and appropriate sanctions. Each Owner, lessee, guest
and member ofthe general public shall be obligated to and shall comply with and abide by such rules
and regulations and pay such fines or penalties upon failure to comply with or abide by such rules
and regulations and such unpaid fines and penalties shall be enforceable in accordance with the
Association Documents and applicable law.
5.03 Records.detailedto conduct
Association affairs and to law, includingrecords
adequate to document
other records shall be
inthe ion. All financial and
examination by any Owner in accordance with applicable
law. The Association may charge a reasonable fee for copying such material.
a
5.04 Implied Rights of the Association. The Association may exercise any right or
privilege grcnted in the Association Documents and, except to the extent limited by the terms and
provisions of this Declaration, given to it by law, and shall have and may exercise every other right,
privilege, power and/or authority necessary or desirable to fulfill its obligations under the
Association Documents.
5.05 Association Documents. Each Owner shall comply with and benefit from each term,
provision, covenant conditior5 reshiction, reservation and easement contained in the Association
Documents. The obligations, burdens and benefits of membership in the Association touch and
concem the Property and are, and shall be, covenants rururing with each Lot for the benefit of all
other Lots.
5.06 lndemnification. The Association shall be obligated to and shall indemni& and
defend Declarant and hold it harmless from all liability, loss, cost, damage and expense, including
without limitation attorneys' fees and disbursements, arising with respect to any operations of the
Association.
5.07 Owner's Negligence. In the event that the need for maintenance, repair or
replacement of Association property (eg- the fire protection water supply) or of any roadway,
access, drainageorother easementmaintainedbytheAssociationcausedthro'rgh orbythenegligent
or willful act or omission of an Owner or an Owner's guest or lessee, then the expenses incurred by
the Association for such maintenance, repair or replacement shall be a personal obligation of such
Owner; and, if an Owner fails to repay the expenses incurred by the Association within seven (7)
days after notice to the Owner of the amount owed, then such failure shall be a default by the Onmer
under the piovisions of this Declaration, and such expenses shall automatically become a default
assessment determined and levied against Such Lot, enforceable by the Association.
Big R Commercial Park
Declaration of Covenants, Conditions and Restrictions
Page 6
5.08 Enforcement of Association Documents. The Association or any aggrieved Owner
may take judicial action against any Owner to enforce compliance with the Association Documents
and Association rules to obtain darnages for noncompliance or for irfunctive relief or bottu all to
the extent permitted by law.
ARTICI,E VI
ASSESSMENTS
6.01 Obligation. Each Owner, by accepting a deed for a Lot, is deemed to covenant to pay
to the Association (i)
the expenses incured or
special assessments for
(iii) default assessments
obligationundert}re Documents orbecause the Association has incurred an expense on
behalf of the Owner under the Association Documents. No Owner may waive or otherwise avoid
personal liability for the payment or the assessment provided for in this Declaration by,abandoning
or leasing aLot" or otherwise.
6.02 Purpose of Assessments. The assessments shall be used exclusively to promote the
health, safety and welfare of the Owners and occupants ofthe Subdivision, and to fulfill other areas
of Association responsibility referred to in the Association Documents.
6.03 Budget. Within thirty (30) days after the adoption of any proposed budget for the
Association, the Board of Directors shall mail, by ordinary first-class mail, or otherwise deliver a
summary ofthe budget to all Owners and shall set a date for a meeting to consider ratification ofthe
budget not less than fourteen (14) nor more than sixty (60) days after mailing or other delivery ofttre
summary. Unless at that meeting Owners representing more than sixtypercent (60W of all votes
entitled to be cast on Association matters reject the budget, the budget is ratified, whether or not a
quorum is present. In the event that the proposed budget is rejected, the periodic budget last ratified
in accordance with this Section must be continued until such time as the Owners ratify a subsequent
budget proposed by the Board of Directors. The Board of Directors shall adopt a budget and submit
the budget to a vote as provided herein no less frequently than annually. The Board of Directors
shall lely and assess the Association's annual assessments in accordance with the annual budget.
6.04 Annual Assessments. Annual assessments for Association expenses shall be based
upon the estimated cash requirements as the Board of Directors from time to time determine to be
paid by all of the Owners. Estimated Association expenses include but are not limited to the cost
of routine Association affairs; expenses of managemen! taxes and special governmental
assessments; insurance premiums for insurance coverage as deemed desirable or necessary by the
Association, maintenance of Association property or property for which the Association is
specifically responsible; road maintenance, repair and improvement, wages, charges consistent with
the provisions of the Association Documents; legal and accounting fees; expenses and liabilities
Big R Commercial Park
Declaration of Covenants, Conditions and Restrictions
PageT
incured by the Association under or by reason of the Association Documents; paynent of any
default remaining from a previous assessment period; and the creation of a reasonable contingency
or other reserve or surplus fund for Association business, as needed. Annual assessments shall be
payable on a prorated basis each year in advance and shall be due as determined by the Board of
Directors. The omission or failure of the Association to fix the annual assessments for any
assessment period shall not be deemed a waiver, modification or release of the Owners from their
obligation to pay the same.
6.05. Apportionment of Annual Expenses. Each Owner shall be responsible forthe Int's
share of the equally, subject to the
the contrary, the Boardprovisions ofthis
of Directors may cost of premiums for any
insurance carried for and
6.06. Special Assessments. In addition to the annual assessments authorized above, the
Board of Directors may at any t''ne and from time to time determine, levy and assess in any fiscal
yeax aspecial assessment applicable to that particular fiscal year and for any such longer period as
the Board ofDirectors may determine. Any amounts determined, levied and assessed pursuant to this
section shall be assessed to tle Lots equally, unless otherwise provided for in this Declaration..
Special assessment shall be based on a budget adopted by the Association as provided above, except
that if necessary, the Association may adopt a new budget prior to levying a special assessment.
Such special tssessment(s) shall be due and payable as determined by the Board of Directors.
6.07 Default Assessments. All monetary fines assessed against an Owner pursuant to the
Association Documents, or any expense ofthe Association which is the obligation of an Owner or
which is incuned by the Association on behalfofthe Owner pursuant to the Association Documents,
shall be a default assessment and shall become a lien against such Owner's Lot(s) which may be
foreclosed or othenrise collected as provided in this Declaration. Notice ofthe amount and due date
of such default assessment shall be sent to the Owner subject to such assessment at least thirty (30)
days prior to the due date.
6.08 Effect of Nonpayment Assessment Lien. Any assessrnent payment or installment
thereof, whether pertaining to any annual, special, default or other assessment, which is not paid
wittrin thirty (30) days after its due date shall be delinquent. If an assessment installment becomes
delinquent, the Association, in its sole discretion, may take any or all of the following actions:
(a) Assess a late charge for each delinquency in such amourt as the Association deems
appropriate.
(b) Assess an interest charge from the date of delinquency at the yearly rate of eighteen
percent (18%) per amum;
Big R Commercial Park
Declaration of Covenants, Conditions and Reskictions
Page 8
(c) Suspend the votrng rights of the Owner during any period of delinquency;
(d) Accelerate all remaining assessment installments so that unpaid assessments for the
remainder of the fiscal year shall be due and payable at once; and
(e)
(0 Vote to approve the recording of a lien for all delinquent assessments, and upon
approval,,&;ffieco&61-irulhe officg of the-*#ml&ae*Bffierder for Garfi eld county,
Colorado,ing Agent of the
thereon, which notice shall
and thffinterest accrued thereon; (2)
alegal description property owned by the delinquent Owner; and, (3) the name
of the delinquent Owner(s). Such notice of lien shall be effective to establish a lien
against the interest of the Oramer(s) in the Lot(s) together with interest at the rate set
forth above on the amount due from the date thereof administative fees, recording
fees, cost of title search obtained in connection with such lien and the foreclosure
thereof, and court costs and reasonable attorneys' fees that may be incr:rred in the
preparation and enforcement of such a lien.
The Association may institute foreclosure proceedings 4gainst the defaulting Owner's Lot
in the manner for foreclosing a mortgage on real property under the laws of the State of Colorado.
In the event of any such foreclosure, the Owner shatl be liable for costs and fees thereof, including
but not limited to the amount of all unpaid assessments, any penalties and interest thereon, ttre coJ
and expenses of the foreclosure proceeding and sale, the cost and expenses for filing the notice of
the claim and lierl title search, foreclosure certificate, and atl reasonable attorneys' fees and costs
incurred in connection therewith.
The Association shall have the power to bid on aLot atforeclosure sale and to acquire and
hold, lease, mortgage, and convey the same. While a Lot is owned by the Association following
foreclosure; (a) no right to vote shall be exercised on its behalf; (b) no assessment shall be levied on
it; and (c) each other Lot shall be charged, in addition to its usual assessment, its equal pro rata share
of the assessment that would have been charged such Lot had it not been acquired by the
Association.
The lien of the assessments will be superior to and prior to any homestead exemption
provided now or in the future by the law of the State of Colorado, and to all other liens and
encumbrances except liens and encumbrances recorded before the date of the recording of this
Declaration, and except thp lien of a first deed of trust holder, and except liens for govemmental
assessments or charges imposed against a Lot by a Colorado governmental orpolitical subdivision
or special taxing district or any other liens made superior by statute. The foregoing lien and the
Bring an action at law against any Owner personally obligated to pay the delinquent
assessments; and
Big R Commercial Park
Declaration of Covenants, Conditions and Restrictions
Page 9
rights to foreclosure thereunder shall be in addition to, and not in substitution for, all other rights and
remedies which the Association may have hereunder and by law, including suit to recover a money
judgment for unpaid amounts.
6.09 Personal Obligation. The amount ofany assessment chargeable against any Lot shall
continue to be a debt of the Lot as well as apersonal and individual debt ofthe Owner of same. No
Owner may exempt himself from liability forthe assessment by abandonmen! lease or sale of his
Lot or othenrise. Suit to recover a money judgment for unpaid assessments, any penalties and
interest thereon, the cost and expenses of such proceedings, and all reasonable attorney's fees in
connection therewith iyins the assessment lien
provided in this
7.01 Design of Properly. It is the specific intent of the Declarant to assure that all
development and improvement of the Lots is accomplished within the bounds of this Declaration.
The design standards set forth herein or as may be adopted hereafter shall be interpreted and applied
to serve such intent.
7.02 Adoption of Standards. The Association may, but is not required to, promulgate,
adopt, and amend design standards or guidelines consistent with these covenants and additional to
those set forth in Article VItr. A current copy ofthe adopted, written design standards or guidelines,
if any, shall be fumished to each Lot Owner upon written request.
7.03 Obligations with Respectto Zoning and Subdivision. All improvements and uses of
a Lot shall fully comply with all zoning, land use, and subdivision statutes and regulations and
conditions applicable to such Lot.
7.04 Architectural Control. No Improvement on any Lot shatl be commenced, erected or
maintained, nor shall any exterior addition to or change or alteration therein be made urntil the plans
and specifications showing the nature, kind, shape, heighq materials, and location of the same shall
have been submitted to in writing and approved as to harmony of external design and location in
relation to surrounding structures and topography by the Board of Directors pf the Board. In the
event the Board of Directors fails to approve or disapprove such design within thirty (30) days after
said plans and specifications have been submitted to it, approval will not be required and this Article
will be deemed to have been fully complied with.
7.05 Enforcement. Any violation of these covenants for architectural and design review
shall constituteaviolationofthis Declarationand allAssociationDocuments, subjectto enforcement
bythe Association. The Association is specifically authorizedto impose appropriate fines, penalties
orothersanctions againstal-otOwnerforviolation ofthe architectural and designreviewcovenants,
Big R Commercial Park
Declaration of Covenants, Conditions and Restrictions
Page l0
standards andguidelines, and any suchmonetaryfine orpenaltyshall constituteadefaultassessment
under Article VI and may be collected as such.
8'01 Construction Standards. Construction or alteration ofany [nprovement(s) shall meetthe standards set forth in these covenants andlhall prompfly and diligently b" .;;d;;l;;;
ly,:^r::-"1*::^.-::y]:yt." a conskuctioa *"t"rt4 i, ,p".inra"r,.irir;;ffi;;;".tJ;;
be used in lieu thereof,[6r the specified material.
8.02 Finishes.brick, stone, metal, steel,concrete, marble, anodi finished materials.
ffis of
valent p
8'03 Sidewalks. Sidewalks of design standards and in locations required by the Countyshall be maintained by the Owner of that Lot on which the sidewalk is located.
8'04 Lan4scaping. Any portion of a Lot upon which hnprovements are not constructedmay be landscaped in accordance with available legal and ptyri.J'*ut it*r, for Lot.
8'05 Screening. All trash argas
-(and dumpsters) shall be maintained in permanenflyscreened and fenced enclosures which shall not be visible io *y other lot or from any dedicatedstreet.
8'06 Illuminatioqs. orernight security type lighting, &nd lighting or parking, ftuckservice/receiving areas and outdoor storagg *rur *itt ,"qi,ir" fixtures trrt *I of a sharp cut-offdesign which allow minimal light spill or gl*" onto adjacent properry.
8'07 Utilities. All pipes, conduits, cables, or lines for water, gzrs, sewage, steam,electricity, telephone oI Ty other energyor seryice serving any Lot from an! main tunk line oreasement shall be installed and maintained below ground, *t"s otherwise ,pin"""a in writing bythe Association.
8'08 Signs. All signs shall conform with raritten sign standards of applicable codes, lawsand governmental regulations.
8'09 Drainage Plan. Lot owners shall not alter the grades established for drainagepurposes' No fences, landscaping materials, or other obshnrctiont JfrU be consh,cted in a mannerthat would prevent the flow of water or inhibit the function of the arainageplan a, ,hor* on theconstruction drawings submiued with the final plat approval.
ARTICLE VIII
Big R Commercial Park
Declaration of Covenants, Conditions and Restrictions
Page I I
ARTICLE IX
MAINTENAI{CE ANID OPERATION ACTIVITIES . CRITERIA
9.01 Construction Period. During construction of any [nprovements, supplies and
equipment must be stored in a designated area in a safe and orderly fashion. Trash, waste and debris
must be removed on a regular basis. Unlandscaped areas shall be kept mowed and pruned free from
plants infested with noxious insects or plant diseases and from weeds which are likely to causE the
spread of infection or weeds to neighboring properly and free from brush or other growth or trash
whichmay cause danger of fire.
9.02 keep their premises,
buildings,in a safe, clearu and neat
condition; shall remove,areas n&in such condition; and shall
comply in all respects with ali goveffieng haalth, police and safety requirements and with such
maintenance standards as may be established by the Association. Each Owner shall remove at its
own expense at least once a week all rubbish or tash of any character that may accunulate on its
property and shatl keep unimproved areas maintained. Rubbish and nash slall not be disposed of
on the premises by burning in open fires or incinerators. Site and building maintenance as described
herein is additional to shared maintenance obligations for the roadway and access easements, as set
forth inArticle KII.
9.03 Landscape and Grounds Maintenance. All landscaped orrurimproved ground on all
Lots shall be maintained in a neat and adequate marurer. Required maintenance activities shall
include, but not be limited to, mowing, trimming, irrigation, replacement or removal of dea{
diseased, or unsightly landscaping, removal or contol of weeds from planted areas, appropriate
pruning of plant materials, and dust suppression.
9.04 NoxiousWeedManagement. TheAssociationshallimplementandfollowaprogrart
of noxious weed control which shall comply with all applicable requirements of Garfield County,
including but not limited to the contol and elimination of plant species identified on the published
Garfield County Noxious Weed List. Each Owner shall implement a weed management prograln
within the area of its Lot. The Association shall be responsible for noxious weed contol in the Big
R Road right-of-way, the emergency ingresVegress, drainage easements, the fire storage easement,
and the Lot 9 well easement. In the event a Lot Owner fails to effectively control noxious weeds
on its Lot, the Association shall have the right to enter upon any Lot and conduct a weed control
program.
The weed management plan will consist of the following components.
I(a) Prevention and Contol. The quick revegetation of disttrbed areas with weed-free
grass seed and the maintenance of native or inhoduced vegetation in a healthy,
Big R Commercial Park
Declaration of Covenants, Conditions and Restrictions
Page 12
(c)
(r)
(ii)
(b)
vigorous condition producing optimum vegetative densities will leave noxious seeds
little opportr.rnity to establish.
Inventory. Each Lot will be inspected on at least an annual basis to identiff any
infestations ofnoxious weeds. An accurate record should be kep ofthe application
and success of weed eradication efforts.
Eradication. Elimination ofnodous weeds will be achieved through use of all ofthe
following methods, as necessary:
entire weed plant or
or plant pathogens) to
interfere with weed grourth.
(iii) Chemical controls which use herbicides to eliminate weeds.
An effective weed managementprogram may involve all three methods oferadication as well
as a long term commihent to prevention and control. Assistance in the development and
implementation of a weed management program is available through the Colorado State University
Cooperative Extension Service and from the Garfield County Office of Vegetation Management.
9.05 Additional Maintenance and Operation Activitv. In addition to the foregoing
maintenance and operation activity standards, the Board of Directors may promulgate and adopt
additional maintenance and operation activity criteria that are not inconsistent with the criteria set
forth in this Article and that implement the purposes of these covenants.
9.06 On-street Parking. No parking shall be pemritted on any platted access easement or
dedicated roadway as shown on the final plat of the Subdivision or at any location other than the
paved parking spaces approved for a Lot, unless specifically allowed by the Association. Each
Owner shall be responsible for compliance with this requirement by its tenants, employees, invitees
and guests. Ownegs orusers of vehicles parked in violation ofthis provision shall be subjectto the
sanctions, if any are made, Rules and Regulations by the Association, that prohibit or restrict such
parking, andregardless ofthe existence ofany government sanctions, the vehicle so parked shall be
subject to removal at the Lot Owner's expense at the direction of the Association or its
representatives.
9.07 Variances. The Association may authorize variances from the design requirements
in this Declaration or in any additional criteria promulgated and adopted as design standards when
circumstances such as topography, natural obstructions, hardship, nature ofbusiness to be conducted
or aesthetic or environmental objectives or considerations may warant, in the sole discretion of the
Big R Commercial Park
Declaration of Covenants, Conditions and Restrictions
Page 13
Association.
9.08 Remedies for Failure to Maintain and Repair.
(d) Remedies. If an Owner or its tenant(s) fails to perfonn the maintenance and repairs
required by these covenants or the Association, then the Association, after ten (10)
days prior written notice to the Owner, shall have the right but not the obligation to
perform such maintenance and repair and to charge said delinquent Lot Owner with
the cost of such work together with ttre interest thereon at the mar<imum statutory rate
such workto the date
shall constitute a
default assessment to the
the Board of Directors
may vote to approve the a lien therefor in accordance with Article VI.
All unpaid amounts shall constitute a personal and direct obligation ofthe Lot Owner'
to the Association.
(e) Cure. If the reason for which a notice of lien has been recorded is cure4 the
Association shall record a release of such notice, upon payment by the Owner of all
r:npaid and past due assessments, fees, accrued interest, and attomeys' fees and costs
incurred by the Association.
unnraffilffi?fuurv
10.01 No Individual Liability. Neither the Association, nor any member thereof or of the
Board of Directors, nor any agent or employee or representative of the Association shall be liable
to any Owner or other pemon or entity for any action or failure to act with respect to any matter
coming before the Association, if the action taken or failure to act was made in good faith and
without willful or intentional misconduct. The Association shall indemnify and hold harmless all
members, agents, employees and Association representatives from any and all reasonable costs,
damages, charges,liabilities, obligations, fines, penalties, claims, demands orjudgments, and any
and all expenses, including without limitation, attorneys' fees and costs incurred in the defense or
settlement of any action arising out of or claimed on account of any act, omission, error or
negligence of such person or ofthe Association or the Board ofDirectors provided such person acted
in good faith and without willful or intentional misconduct.
10.02 No Association Liability. The Association shall not be held liable for iqiury or
damage to person or property caused by the condition of any Lot or by the conduct of Lot Owners
or their tenants, agents, employees and other representatives.
Big R Commercial Park
Declaration of Covenants, Conditions and Restrictions
Page 14
ARTICLE XI
WATER" SEWAGE DISPOSAL. AND FIRE PROTECTION
11.01 Potable Water Suoolv.
(a) Ownerstrip of Wett and ep Frc . Individual waterwells for each
of Lots I through l0 (referred to herein as Big R Wells No. 1 through 10) will be constructed on
each Lot and operate pursuant to Colorado Division of Water Resources Well Permit Nos . 6377 5-F ,
62976-F, 63776-F, 63 63782-F, and 63783-F,
respectively. The permit of water per minute
with a maximum of 3.3 commercial and vehicle
washing. The permit for I&?*ffiorffiesfrffiflawffiffio 25 gffirs of water per minute with
amaximum of2.24acre-feetperyearforlandicapeinigafficommffiiilandvehiclewashing. The
permits forLots 3 though 8 and 10 authorize withdrawal of up to 25 gallons of water per minute
withamaximumof0.96 acre-feetperyearforlandscape irrigation, commercial andvehiciewashing.
The permit for Lot 9 authorizes withdrawal of up to 25 gallons of water per minute with a madmum
of 1 .5 I acre-feet for landscape irrigation, commercial, vehicle washing and fire protection. Operation
of each well is dependent upon maintenance of an augmentation plan consisting of West Divide
Water Conservancy Dishict Water Augmentation Confiact No. 040518BRCP(a). The Owners of
the Lots shall each own, appurtenant to their respective Lot, the full interest in their respective well,
well permit, pump and associated facilities for the withdrawal of water located at each respective
well,provided, however,thattheAssociation shall, atits option, be entitledtowithdrawanduse 0.55
acre feet annually from Big R Well No. 9 located on Lot 9 for fire protection purposes.
(b) Easements. The Owners of the Lots are hereby granted perpetual and non-
exclusive easements for the installation use, maintenance, repair, service and replacement powerlines
and other facilities necessary for the proper operation of each well and delivery of water to the Lots
as set forth on the final plat of Big R Commercial Park Subdivision. The Association is hereby
granted a perpetual and non-exclusive easement over and across Lot 9 for the installation, access,
use, maintenance, repair service and replacement ofBig R Well No. 9 located on Lot 9 for the proper
operation of the Well and Fire Protection System and delivery to the fire protection tanks.
(c) Use of Water. The Owners of the Lots shall each be entifled to use water from
their respective well only for pu{poses authorized by the well pemrit and in accordance with the
terms and conditions ofthe well permit. The Association shall, at its option, be entitledto witldraw
and use 0.55 acre feet annually Big R Well No. 9 located on Lot 9 for fire protectionpurposes.
(d) Operation" Maintenance and Repair Costs. The Association shall maintain the
West Divide Conservancy District Water Allotment Contact necessary for the withdrawal ofwater
from each well. The cost for the West Divide Conservancy Contract necessary for the withdrawal
of fire protection water and/or other costs of obtaining the fire protection water shall be allocated
Big R Commercial Park
Declaration of Covenants, Conditions and Restictions
Page 15
among all Lot Owners. The cost of the West Divide Conservancy Contract necessary for the
withdrawal of the remaining water from the wells shall be allocated by the Association to the Lot
Owners using West Divide augmentation in proportion to their allocated water usage. Each Lot
Owner shall be solely responsible for the costs of maintenance, operation, repalr, service and
replacement of their well, pump and associated facilities.
11,.02 Fife Protection System.
(a) Fire Protection System Components. The Fire Protection System forthe Subdivision is
comprisedof 100,000
a dry hydrant located
only, awaterline, and
on tle final plat. The
Declarant shall be related facilities as may be
shown on the . Subsequent to such
installatioq the Association shall be responsible for filling and refilling the tanks, and maintaining
and operating the related facilities senring the Association's fire protection system.
(b) Provision of Fire Protection Water. The Rifle Fire Protection Distict has approved
provision ofthe fireprotectionwaterfromanysource, includingwell waterfromthewell permitted
for Lot 9, as described herein, river water, and hauled water so long as the water is of appropriate
quality for use bythe Distict. . The Owner oflot 9 shall have responsibility formaintaining the well
from which the fire protection water may be supplied.
(c) Other Fire Protection Measures. Each Lot Owner is responsible for installing and
maintaining early detection systems, ala::ns or other sensors as required by the Rifle Fire Protection
Distict. Each Lot Owner shall have everybuilding reviewed bythe Rifle Fire Protection Distict at
the building permit phase to evaluate such fire protection requirements. Each Lot Owner shall
provide the Association with written documentation oftle early detection system(s) required by ttre
Rifle Fire Protection Distict for each building prior to constuction. The Association shall inspect
each building as necessary to determine that such early detecfion systems are properly installed and
maintained in good operating condition; provided, however, the Association's inspections do not
lessen or in any way reduce each Lot Owner's responsibilrty for ensuring compliance with these
provisions and the requirements ofthe Rifle Fire Protection Distict. The Association shall take any
and all action necessary to enforce compliance with the operation and maintenance required for a
properly function system. Each Lot Owner shall reimburse the Association for the Association's
costs and expenses in relation to the initial and ongoing inspections and any action required to
maintain such early detectiou system. Each Lot Owner shall post the address in a conspicuous
location so each address is readily identifiable.
11.03 Water Provisior-rs Which Appl], To all Lot Owners and the Association.
:(a) Installation of Well Facilities. Each Lot Owner is responsible to drill and install, at
its own expense, the well, power source, meter, and other facilities in and to ttre well.
d int
l fire
thefi
Big R Commercial Park
Declaration of Covenants, Conditions and Restrictions
Page 16
(c)
(b)Meter. A totalizing flow meter and adjacent shut-offvalve shall be installed for each
Lot Owner to measure the rate and total volume of water delivered from the Well
and to shut offsuch flow, when appropriate. The type ofmeter and valve as well as
its location, installation, operation and maintenance shall be approved detennined,
owned, operated and maintained by the Association.
Limitations. The Association may read the meters and shall have the authority to
enforce the limitations on water deliveries to each Lot set forth herein pursuant to the
itie@ Asweietton may tenninate water
nffcutitd mffirtfrB exceeded its marcimum
r ffi, upoffi receipt of a letter or other
rffiesourgffithat adverse action will be
taken if such remedy is not imposed.
(d) Conservation. 'Water conservation practices shall be exercised wherever practicable
throt'ghout the development of the Iots
(e) PotableWaterTreatmentMonitoring. Totheextentthatwatertreatmentsystemsare
required to be installed, each respective Lot Owner shall be responsible for such
installationandmaintenance. IfrequiredbytheAssociation, al-otOwnershallmake
such repairs or improvements to the water treatnent system as ile necessary to
provide potable water.
I 1.04 Sewaee Disposal. At least one building on each Lot shall contain a minimum of one
(1) bathroom containing a toilet and sink. All sewage disposal therefrom shall be disposed of by
means of an engineered individual sewage disposal system designed by a registered professional
engineer. Each individual sewage disposal system shall be localed so as to avoid impairment during
a 100-year flood event and constructed in a manner to facilitate ready access for maintenance. Each
Lot Owner shall be responsible for the construction, operation and management oftheir individual
sewage disposal system.
The Association shall contractwithanindividual qualifiedand experienced in inspection and
maintenance of ISDS to conduct inspections, on a bi-annual basis or such more frequent basis as the
Association may deem necessary, to determine each Lot's system(s) maintenance requirements. The
Association shall have the right to take any action necessary to enforce compliance with the operation
and maintenance required for a properly function system. Any such action shall be at the individual
Lot Owner's expense.
The management plan for the operation and maintenance of the individual sewage disposal
systems is as follows:
deliveries
Big R Commercial Park
Declaration of Covenants, Conditions and Restrictions
Page l7
(a) Only domestic wastewater from toilets, lavatories, showers, laundry, kitchens, and
janitorial sinls used for restroom and kitchen cleaning may be introduced into the
individual sewage disposal systems. Otherwastes, including greruie, mustbe disposed
of separately
Each septic tank should be inspected annually by the Lot Owner and pumped, if
necessary, notwithstanding the Association's cleaning contact with a septic tank
systems cleaner.
(b)
(c)
(d)
The septic
proper
Leach
system cleaner with
away from areas where
vehicular traffic or other activities t in darnage to the system
components or compaction of soils will occur.
(e) The individual sewage disposal systems shall be protected from excess water from
roof drains, surface drainage, irrigation water, leaky faucets, or leaky toilets.
(D Owners shall follow the guidelines listed in Exhibit B, Septic System Maintenance.
Only domestic wastewater shall be disposed of tluough the individual sewage disposal
systems. At no time shall any hazafious or toxic materials used in or generated from a commercial
or industial activity or process be allowed to drain into an ISDS serving a facility. All such
commercial or industrial waste shall be disposed ofto a on-site, nondischarging system designed by
a Registered Professional Engineer. Hazardous or toxic wastes collected in said nondischarging
systems must be properly managed and disposed of in accordance with atl applicable Federal, State,
and local laws and regulations. All nondischarging systems shall be included in the inspection
schedule identifi ed above.
All buildings that utilize floor drains will be required to collect and dispose ofdrain water into
anondischarging tank system and be included in the inspection schedule identified above. Eachlot
Owner shall be responsible for hiring a disposal service of caustic, hazardous material sand other
materials collected in the floor drain and other nondischarging systems.
11.05 Watershed Permit. The Lots are subject to City of Rifle Watershed Permit No. 05-01,
recorded in the OfEce of the Garlield Cor:nty Clerk and Recorder in Book _atPage _. Such
permit is an umbrellapermit for general commercial operations at the Subdivision. Individual uses
on the Subdivision lots will require a letter of compliance from the City of Rifle or a separate
watershed permit depending on use. The Watershed Permit requires bi-annual inspections which shall
be paid forrbythe Association. Each Owner shall be responsible for compliance with the conditions
set forlh in the Watershed Permit for its Lot.
iffi9 or
could r
Big R Commercial Park
Declaration of Covenants, Conditions and Resfictions
Page l8
ARTICLE XII
ACCESS AND UTILITIES
12.01 Access. Declarant has dedicated as a public right-of-way the road identified as Big
R Road and as shown on the final plat of the Subdivision and assigned to the Association the trro
Colorado Deparhnent of Transportation Access Permits for the Subdivision. Public access to and
from Big R Road is via State Highway 6 &z|pursuant to Colorado Deparfinent of Transportation
("CDOT') Access Permit No. 399020. Public access to and from Lot I also is currenfly available
via State Highway 6 &
access. The historic
Permit No. 399020 and
industialuseeach. New
ahistoric unpermiued
of anyCDOTpermits.
daily tips for general light
ions andthe curent State
Highway Access code (2 ccR 601-l) will 5A requfuea as set forttr ffiw.
12.02 CDOT Permit Compliance. The Association shall be responsible for monitoring
compliance with the terms of the permits and obtaining new or amended pemrits if and when
necessary as set forth below. Prior to the submission of an application for a new building permit on
any ofthe Lots, the Association shall obtain a tip generation estimate from a registered piofessional
engineer using methods approved by Institute of Transportation Engineers for the ,.* [uilding and
its proposed use. A tip generation estimate and the most recent up-to-date cormt of the actual
averuge daily tip analysis shall be supplied to Garfield County with any building permit application.
If the addition of the tip generation estimate to the actual average daily tips exceeds 20yo of the
permitted average daily trips for the related access under the then-existing permit, the Association
shall obtain a taffic study from a registered professional engineer and new permit(s) from CDOT as
necessary.
The Association shall bear the cost of the traffic colrrts, trip generation estimates, trafEc
studies, new permits, and any other improvements necessary to comply with the permits, including
but not limited to professional fees and construction costs. Depending on the results of the traffic
study, required improvements may include left-turn deceleration lanes, right-tum degeleration lanes,
left-turn acceleration lanes, right-tum acceleration lanes, signalization and elimination or relocation
of one or more access points. The Association shall then allocate those costs to each Owner as set
forth in Section 12.03. Costs of the traffic counts, fraffic studies, new permits, and any other
improvements necessary to comply with a new or amended permit providing access only to Lot 1
shall allocated solely to Lot 1.
12.03 Maintenance of Big R Road. Declarant is responsible for constnrcting the public
right-of-way identified on the final plat as Big R Road to Garfield County standards for a minor
collector road. Actual average daily tips for a minor collector road cannot exceed 2,500. Lot
limitations for actual average daily tips on Big R Road are as follows: Lot I - 500; Lot 2- 4OO; Lots
3 through 10, inclusive - 200 each. Once constructed, the Association has the right to conduct
Big R Commercial Park
Declaration of Covenants, Conditions and Restrictions
Page 19
periodic trafEc counts to determine that the Lot limitations are observed and to take any action
necessary to enforce compliance with the limitations. The Association also shall maintain and repair
Big R Road. Maintenance services for which the Association shall be responsible include, without
limitation, snowandiceremoval, sanding,reswfacing, sniping,painting andsimilarservices, aswell
as necessary landscaping. Expenses incurred pursuant to this Article XI shall be allocated as follows:
Lot I - 28.60oA,Lot2 - 14.28yo, and Lots 3 through l0 - 7.14% each.
12.04 Maintenance of Easements. Declarant is responsible for constructing the Emergency
Ingress/Egress as shown on the final plat of the subdivision. The Association shall maintain and
repairthe Emergency necessary. Maintenance
services for which the
ice removal, sanding,
landscaping.
limitation, snow and
as well as necessary
12.05 Utilities. Declarant hereby establishes for the benefit of each Lot and all Lots within
the Subdivision nonexclusive, common and perpetual easements for the location of utilities,
including but not limited to water, sewer, elecfricity, gas, telephone, telecommunication, and cable
service. The location of such easements shall be in conformity with the final plat for the
Subdivision.
ARTICLE )ilTI
INSURA}ICE A}ID EMINENT DOMAIN
13.01 Insurance. All Owners shall keep and maintain fire and casualty insurance upon all
Improvements upon their Lots to the fulI inswable value thereof, as well as public liability insurance
and such other lines of insurance as may be necessary and proper to insure the risks associated with
the activities upon an Owner's Lot.
13.02 Taking. If there is a complete taking of a Lot by any governmental body, ttren the
Owner of such Lot shall be excused from obligation under these covenants subsequent to the taking.
A partial taking ttrat does not extinguish a Lot Owner's interest in a Lot strall have no effect upon
such Owner's rights and obligations hereunder.
*ffis3'.#J,,
14.01 Lots I and 2. The Owner(s) of Lot I and Lot 2 shall have the right to resubdivide such
Lot or condominiumize any buildings within Lot I and/or Int 2 and incorporate wittrin the
Association any such Lots or condominiums created. Any resubdivision or condominiumization
shall comply with the terms of this Declaration of Covenants, Conditions and Restictibns and the
subdivision regulations of Garfield County then in effect, in accordance with Article 3 above.
Big R Commercial Park
Declaration of Covenants, Conditions and Restrictions
Page20
14.02. Declarant. So long as Declarant (or an entity owned 5070 or more by Declarant)shall
own a Lot within the Subdivision, Declarant or that entity shall have the right to add properly to the
Subdivision and to incorporate within the Association any property added consistent with Garfield
County regulations in place that the time. .
ARTICLE XV
TERM AND AMENDMENT
15.01 Term. This Declaration, including all the covenants, conditions, and reshictions
hereof, shall runwith andh;ofthe Subdivision for
aperiod oftrventy (20)automaticallyfrom
year to year unless sooner
15.02 Amendment. Notwithstanding the foregoing, this maybe arnended or
terminated at any time by an instrument executed and acknowledged by Owners evidencing the
approval ofno less than seventy percent (70Y) of allvotes entifled to be cast in the Association, and
recorded with the Clerk and Recorder of Garfield County, Colorado, provided, however, that the
section 15.02 cannot be amended without the approval of the Declarant (or an entity owned 50Yo or
more by Declarant). Amendments made pursuant to the provisions of this Article shall inure to the
benefit and be binding upon all properly and interests therein that are part of the Subdivision. No
amendment to the requirement of conforming to Garfield County zoning or conditions ofsubdivision
approval may be made without the consent of Garfield County.
ARTICLE XYI
ENFORCEMENT
16.01 Enforcement Powers and Procedures. These conditions, covenants, resfuictions, and
reservations may be enforced as provided hereinafter, by each Owner, as well as by the Association
acting for itself or on behalf of all Owners, and, as provided herein and otherwise in the Association
Documents. Each Owner, by acquiring an interest in aLot, shall be conclusively deemed to appoint
irrevocably the Association as his or its attonrey-in-fact for such purposes. Violation of any
condition, covenant, resffiction, or reservation herein contained shall give to the Associatior\ and
to the Owners, or any of tlem, the right to bring proceedings at law or in equity against the party or
parties violating or intending to violate any of the said covenants, conditions, restictions, and
reservations, to enjoin them from so doing, to cause any such violation to be remedied, or to recover
damages resulting from such violation. In addition, violation of any such covenants, conditions,
restrictions, and reservations shall give to the Association acting as attomey-in-fact for all Lot
Owners the right to enter upon the premises on which the violation is occurring or has occurred and
abate, remove, modiff, or replace at the expense of the Owner thereof any stucture, ttring, or
condition that may exist tlrereon contary to the intent and meaning ofttre provisions hereof. Every
act, omissionto act, orconditionthatviolatesthe covenants, conditions, restrictions, andreservations
herein contained shall constitute a nuisance and every remedy available at law or in equity for the
Big R Commercial Park
Declaration of Covenants, Conditions and Restictions
Page2l
abatement of public or private nuisances shall be available to the Owners and the Association. In
any such action to enforce those covenants, the prevailing party shall be entitled to an award of
reasonable attomeys' fees and costs. Such remedies shall be cumulative and not exclusive. The
failure of the Owners, or the Association to enforce any of the conditions, covenants, restrictions,
or reservations herein contained shall in no event be deemed a waiver of the right to do so for
subsequent violations or ofthe right to enforce any other conditions, covenants, restrictions, or
reservations, and the Owners or the Association shall not be liable therefor.
17.01 covenants or any provision
hereofby a court of of the ffi er provisions hereof which
shall remainin full force and
17.02 GovernmentReeulations. Ifan applicable county, municipal, orothergovernmental
regulation, rule, code, ordinance, or law is more restictive in any respect than these covenants, it
shall supersede these covenants and govern at all times.
17.03 Notice. Any notice required or permitted herein shall be in writing and mailed,
postage prepaid by registered or certified mail, retum receip requested, or hand detvJred, and shali
be directed as follows: If intended for a Lot Owner or their designated representative, then to the
mailing address fumished bythe Lot Ownerto the Association orthe CountyAssessor orto the Lot.
17.06 Incorporation of Plat Notes. All notes, terms and conditions set forth on the recorded
Final Plat of the Subdivision are incorporated herein by reference. To the extent a conflict arises
between these covenants and the notes, terms and conditions of the final pla! the notes, terms and
conditions ofthe final plat shall control.
17.07 Covenants Run with the Land. The covenants, conditions and restrictions set forth
in this Declaration shall nrn with the land described in Exhibit "A," such being all ofthe Lots within
the Subdivision, and shall be binding upon and benefit all persons having or acquiring any interest
whatsoever in said real property or any part thereof, and shall inure to the benefit of, be binding
upon, and enforceable at law or in equity, as set forth hereinafter by the Declarant, its successors in
interest and grantees, each Owner and its successors in interest and grantees, and the Association
acting on behalf of all Oumers
IN WITNESS WHEREOF, the Declarant executes this Declaration of Covenants, Conditions
ARTICLE XVII
and Restictions for Big R Commercial Park this _ day of 2007.
Big R Commercial Park
Declaration of Covenants, Conditions and Restictions
Page22
Witness my hand and official seal.
My commission expires:
BIG R ENTERPRISES, LLC
Robert M. Regulski, Manager
Peter Van Domelen, Manager
By:
::ffi:::ffi,m}ffiffiK
The foregoing instrument was acknowledged before me on this _ day of
,2007,by Robert M. Regulski and Peter Van Domelen , as tttanu["rr oinig
R Enterprises, LLC.
Notary Public
Exhibit A
SurvCo, Inc.
Prolessioml Land Sunevinp Sewices
Leeal DescriptioQ
Bjg R Commercial Park Subdivision
A tract of land bcing situatcd in the lxlst%of Seotion I t,'l'ownship 6 Sorrth, Range 93 Wcsr offt" 9* P.M., County ol'Gorlir:kJ, Stirrc of Coloratlo, sair! uact of land being aeicribei try metes
and bounds as t'ollow.s:
Beginning at the Southwe.st conter of the SEI/4NEl/4 of said Swtiou I l, said Southwest corner
being a standard monurnent and brass cap, PLS No. 9009 found in place; thcuoc S,88o5B'05"8.
302,16 feetalong the South linc of said SEI/4NE1/4 to a point on the NorrherlyRight of Way
line of C,'olorado State Highway No, 6; ttrence $.64o27'0d\M. 1340.79 fcot along si'idNorttrerty
Right of Way; thr"nco doparting said Northerly ltight of Way line N.0lo03 ,ZZ,,E| Sgg,gg fcot ro a
point on the south line of the swl/4NEl/4 of said scction I l; ihence s.ggo5g,05"li- ,103.04 feet
along thc South linc of said SWI/4NHI/4; thoncc departing said South line N-01o0g,17,\..
131-E^-21 t":l !o a lmint on the North line of said Swl/4Ml/4; thcncc along said Norrh line
5-89"01 '49"E. 792.09 feet to the Northeast corner of said SlVl/4NEl/4; tf,,*," S.0lo05'19"W.
13l9.l7 feet along tho East linc of said swl/4NEl/4 to the lroint of Beginning.
Suid tmct ofland contains 32.26 acres as descnted.
656O County Road No.33S, Unit No.6
P.O. Box 826
New Castle, Co. 81647{826
Ph: (970) 984-911S Email: survco@eaflhlinft.net ,Fa* (970) 984-3993
Effluent liil(crs
Absorption becls
An absorpliorr berl is rvhere treatetJ tvastervaterentersttre soit. ptasric (IVC);;;;s;; ,t;il;a1e qui l c s uscep t i ble t" a*,rn[Jr'o-J#",L". "".
should neyer be clriven or;tarked orr arrabsoryrrion bed. Anirrral, Jr;|,;; ;;il;
",.norses ,ray arso cot,pacr U;;;i;;';#,_g,
tlrc.pipes. Lf your ISDS is in a pasture it slrouldbe l'errce to keep out livestock.
Erosiolr calt rsnlove the soil cover atrd allowservilge to escape fi.orrr tjre bed iltis can bcpreveuted by urainlaiuing proper tlminage audestablishirrg vegctat ivc cover (excludiuf trees,rvhose roors can onter ancl "log pj;";tj'i'riil"
bed is locatcd in a tawn arca, watcrilrg slroulclbs restricted to prevent saturatiorr "iti" gror,r,J.
r\.drlitives
A-dditives, which clairu Lo irnprove tlre operationol'your systerrt, lvill probnbly I"t ";;;#;;trann bui tltey arc lti[ rreeded to assure rrroir".o1>cration. Eleware of claiurs tlrot " ;i;;;;j;laddjtive w.ilI ,,r.cjuvelrate,,your
syrterrr or rriaf<"purnping the tarrk urtrrecessary.
' Sumruary
Do not dispose ol- iLeurs drat will destrov tfienaLural digestiorr proccsses ;,, you. fS66."'-conhnlinate the grcund tvoter, or overload Ures;rsLenr u,itlr excess wal.er. Flave ttr" t"li[
*
Ll^g_r] "Iy in spe cr e <t ar r <t p u u r pett. li y*'iof f o *utese rew siruple rules, your ISDS will prove tobe a safe an<I econourical ousite ,""d;;i-;l'- '
rvastewater keatlllcnt for rrralry years.
- - --
Despite LIte best of care, ,o,u* ,yrt.ri, ,to
nra lfurc(ion, eit her backing. rpilil,; iiel t ingor le-aking fronr rhe absorplioir rr"Jfi,,i,"*,r'",the frorrr cover of ilris brochuro). Sl*iil;; '
lappen, conract rne l-Icalttr D"p;;;;;';;;".They can actvise you o, p;",i;;;';,,{,jfi;"
sysl.oIt1.
JEIIIIIITSON COUNTY
D EI'AIITIVItrN T OII HItrALTI-I
AND ENVIRONMtrNT
Itrnvironrncntal l{eatflr Services
IB0I 19(r,Street
Goldeu, Colo;atlo g040I
303-271_5755
Puruping your $eptic tanl(
Sonre rrraterials in household servage are notea-sily dccomposed. A licensed sys-terirs ciJarrerwill punrp this nraterial fro,,, yori tor;i: ir.*;Irave a 2-conrparrnent hnk, froU, ,ia". .iiffi'frugluurperl regularly. I:ailure to ,"grf".lv ouu,oule rank Dray rcsult in sludge errtering ttie berlylr:* ir can ptug the soil p-or", ,nJr?r;[ il-failure., Irr ad<Jition, addirrg .,, "mr"r, ilf',.lf"ute.ouLtet ol-your sepl.ic tank rvill help Dreventsotlds.trorrt
_entering your absorptiou becl. Sin"erepairiug a failing absorption fr"a
"or, "*t
"""
tlrousauds of dollars, au elTluerrt fiii.;;;;routlne punrping tepreserrts a very reasolabletnveslnlent in proLecting your ISDS.
t!Xl+iFlrH
Edf-{H
Ed
I'rfutled on llccyclerJ paper
{!*LP
Septic System
Maintenance
h ttu://hea lth.Ie ffc o.us
Thc nrodern onsitc rvastc,watcr treatluont
sysleur, or illdividual selvage rlisposal systcur,
as it is rrrore colruuonly lcrorvu, is an
ettvironntental ly sound rrretlrotl of .rvastervaIer
trcatrrrenI irt urcas rvhere public servers al.e not
available. This guide should trelp you
rundcrstarrd horv your systern I'unctions and rvill
provirlc tips and inforinatiorr that shorrld help
inrprovc its operation ancl prolorrg its useful liIe.
Scptic Sys(enr
What it is and how it lyorlrs
A typical ISDS corrsists ol.a septic tank arrtl au
lbsorytion bed (sonretimes callerl a teachilg
Iieltl). 1lrc septic tank is usunlty rua<le of
concre(e or o(lrer durable nrateri:rls. IUost tarrks
have a capacity of 1,000 gallous or ruore atrd
are dividcd irrto trvo conrpartluelrts. Servage
from tlre dwelling enters thc first courpnrtrr-teut
of the tank. Il.erc, bacterial tlecornposifiolr
occurs and nratcrials that canllol. be digestecl
seLtle to tlre bottonr as sludge or floal to the top
aild fonn a scunl layer. Tlrc rernaiuing liqtricl
then flolvs ilrto the secorrd colrrpartrueirt ri,herc
additional trcal.mcut occurs. All.trouglr rnost
scptic Lanks are rron-t.llccharricat, sorie lrave utuotor or aerator tha( agi(otes Lhe servage. .l-hese
nlechtulisnls arc an iluportaut part of t.his tygrc of
tatrk and slroultl not be reurovcd or
disconnected, as tlils will scriously affecl ttrr:
operation of Lhe sysl.errr.
I;r<m the tauk the par.(ially Lreated selysge or
e.flluent I'lows l.o tlre aLrsorpl.iorr betJ arrrllntr:rs a
sr:ries of perforatccl pipes bedded irr gravel. l[
then drains tlrrough the gravel aud the soil
below rvhere it is further treatEd ilrd Illtsred
bcfore reentering the groundwater. The filtering
action of the soil renroves ruost of the lrarml'ul
bacteria. The resulL is a high degree of
treatrleut occurritrg in a natural,
crtvironrrreu(ally sound process.
Wnsteryatcr'f rcalrrreut anrl Disposal in thc Soil
Not all contarrrinauts are rcruovctl by these
systenrs. Ni(mte, a clrelrical by-product of
hurnau rvaste, is rrot reuroved antl nray impact
gro-u udrvater quality. Distarrce separatiori frour
rvells and proper ruaiuteuarice is uecessary to
inorease trcatrneut effcctiverress as rvell ai the
lifespan of the system.
Carilrg for your septic systent
Au ISDS is orrly designed to trcar household
lyastclvater. Al thou gh typical houscl rolct soaps
utd bleaners should not cause a probtcnr, Iiquicts
such as pailrts, solvenl.s, thinners, pestici<lcs,
an(ifreeze, or photographic chernicals should
rrever be Jroured dorvu the drain. These
ruaterials can dalnage your sysLenl alrcl seriously
pr.rllute the grouudlvater.
Likewise, itelns such as disposabte <Iiapers,
cigarette butts, anrl sanitary napkins shoukJ rrot
be put into the system. Kitctreu wastes such as
bones, eggshells, and coffee grounds do not
readily decompose alrd should be throlvrr out.
Grcase is one <lf the worse enenties of your
ISDS: pans should be wiped clean prior to
washing and excess grease or drippings shoul<l
rrot be poured down tlre draiu.
Uulike a public scwer, Your ISDS is designcd
to accelrt lirnil.ed flow. prolonged overloading
of the systcnr nray cause sluggish drain-s,
selyage backups, or eflluent surfacing olr (he
absoqrtiorr bed- Spuce your water use out over
tirne. Don't do nrultiple loads of lauudry or
pennit thrce or four showers irr a rolv.
OtHrlng
nll
Scptic'fank
BAIIKING RESOLUTION OF
BIG R LOT OWIIERS ASSOCIATION, INC.
Resolved that the Alpine Bank of Rifle, Colorado, hereinafter called the Bank" is designated
as a depository of this Corporation, and that the officers and agents of this Corporation hereby are
authorized to deposit any ofthe funds ofthis Corporation in such Bank, either at its head office or
atany of its branches.
Further Resolved that, until the further order of this Board of Directors, any funds of this
Corporation deposited in such Bank be subject to withdrawal or charge at any time upon checks,
notes, drafts, bills of exchange, acceptances, undertakings, or other instruments or orders for the
paynent of money when made, signed, drawn, accepted, or endorsed on behalf of this Corporation
by any one of the present holders of such offices being the following:
Names
Robert M. Regulski
Peter Van Domelen
Titles
President
Secretary/Treasurer
Further Resolved that the Bank is hereby authorized to pay any zuch instnrment or make any
such charge and also to receive the same from the payee or ottrer holder without inquiry as to the
circumstances of issue or the disposition ofthe proceeds even if drawn to the individual order of any
signrng person, or payable to such Bank or others for his account, or tendered in paprent of his
individual obligation, and whether drawn against an account in the name of this Corporation or in
the name of any officer or agent of this Corporation as such.
Further Resolved that the Secretary or any other officer of this Corporation hereby is
authorized to certify to the Bank the names of the present officers of this Corporation and other
persons authorized to sign for it and the offices respectively held by them, together with specimens
oftheir signatures, and in case of any change of anyholder of any such office orholders ofany such
offices, the fact of such change and the names of any new officers and the offices respectively held
by them, together with specimens oftheir signatr:res; and the Bank hereby is authorized to honor any
instrument signed by any new ofEcer or officers in respect of whom it has received any such
certificate or certificates with the same effect as if such officer or officers were named in the
foregoing resolution in the place of any person or percons with the same title or titles.
Ftrther Resolved that the Bank by promptly notified in writing by the Secretary or any officer
of this Corporation of any change in these resolutions, and that until it has actually received such
notice in uniting it is authorized to act in pursuance of these resolutions, and that until it has actually
so received such notice it shall be indemnified against any loss suffered or liability incurred by it in
continuing to act in pursuance of these resolutions, even though these resolutions may have been
changed.
Dated this 10ft day of October, 2007.
Peter Van Domelen, Secretary
BYLAWS
OF
BIG R LOT OWII"ERS ASSOCIATION,INC.
ffi"&1',
The principal office of the corporation shall be 28485 Highway 6 &24,Rifle, CO 81650 situate in
Garfield Courty, Colorado. The corporation may also have one or more offices at such other places
as the Board of Directors may determine or the business may require.
ARTICLE tr
MEETINGS
Annual Meetings. The annual meeting ofBig R Lot Owners Association, Inc. shall be held on a date
selected by the Board of Directors, but not later than July I of each year. At such meeting, the
president shall report on the business and activities ofthe corporation during the previous calendar
year. The date, place, and hour ofthe annual meeting shall be designated by the Board of Directors,
and the secretary shall cause notice of the meeting to be mailed not less than ten (10) nor more than
fifty (50) days prior to said annual meeting.
Special Meetines. A special meeting of the corporation may be called by the president or by the
Board of Directors or upon written request of one-half of the members in good standing, provided
such requests specify the purpose for which the meeting is called. The date of any special meeting
shall be not less than five (5) nor morb than fifteen (15) days after the posting of a mail notice. No
business shall be transacted at any special meeting except such business as shall have been specified
in the notice of said meeting.
Ouorum. The presence in person or by proxy of not less than a simple majority of the holders of the
total members votes shall be necessary to constitute a quorum for the fuansaction of business at a
meeting of members.
Proxies. Every member ofthe corporation entitled to vote at any meeting thereofmay vote by proxy.
A proxy shall be in writing and revocable at the pleasure of the member executing it. Unless the
dr.uation of the proxy is specified, it shall be invalid after ninety (90) days from the date of its
execution.
Order of Business. The order of business shall be as follows at all the meetings ofthe corporation
and the Board of Directors:
Calling ofthe ro11;
Proof of notice of meeting or waiver of notice;
Reading ofthe minutes;
Receiving communications;
Election of officers and admission of new members;
L
b.
c.
d.
e.
f. Reports of officers;
g. Reports of committees;
h. Unfinished business;
i. New business;j. Date and place of next meeting.
Any question as to priority of business shall be decided by the chair without debate. This order of
business may be altered or suspended at any meeting by a majority vote of the members present.
ARTICLE III
BOARD OT'DIRECTORS
Number of Directors. The government, business, and property ofthe corporation shall be managed
and controlled by its Board ofDirectors. The affairs ofthe Corporation shall be governed by aBoard
of Directors, consisting of not fewer than tlree (3) persons in accordance with the Bylaws, except
that there need be only as many Directors as there are Owners of Lots. The Directors may be
nonresidents of Colorado, but all Directors mustbe Owners oflots, which inthe case ofcorporate,
limited liability company or partnership ownership shall include the general parfirers, managers,
officers and directors of each such corporate, limited liability company or parfrrership Owner,
provided that so long as Declarant is the Owner of six (6) or more Lots, anyperson may serye as a
Director and the exclusive right to vote for the election of the Board of Directors shall be vested
solely in Declarant. Once the Declarant no longer has exclusive right to vote for the election of the
Board of Directors, the Directors shall be elected at the annual meeting.
Terms of Directors: At the first annual meeting at which directors may be elected, the members shall
elect from among the Lot Owners the Directors who shall serve a term of one year. At each annual
meeting thereafter, the members shatl fill the respective vacanbies by electing Directors from among
the Lot Owners who shall serve a term of one year.
Nominations and Election of Directors. Nomination for election to the Board of Directors shall be
made at the annual meeting. Each member entitled to vote, or his proxy, may cast one vote with
respect to each vacancy in the Board of Directors by secret written ballot. The persons receiving the
largest number of votes shall be elected. Cumulative voting is not permiued.
Vacancies. kr the case of any vacancy in the Board of Directors, the remaining directors,
notwithstanding the lack of a quorum, by an affirmative vote of the majority thereof, shall elect a
successor to hold office for the unexpired portion of the term.
Regular Meetings. Meetings ofthe Board ofDirectors shall be held whenever called bythe president
or by a majority of the directors. There shall be a minimum of one (1) meeting per monttr. The
secretary shall cause writtennotice five (5) days inadvance statingthe time andplace ofeach regular
meeting of the Board of Directors unless such meeting has been set at the previous meeting of the
Board of Directors, in which event, no further notice shall be required.
Special Meetings. Special meetings ofthe Board of Directors may be called by the president and/or
shall be called at thb written request of two directors. Notice of such special meeting may be in
writing, in person, or by telephone a minimum of tluee (3) hours in advance of the meeting time.
This notice shall state the business for the transaction of which the special meeting has been called
and no other business other than that stated in the notice shall be tansacted at such special meeting.
The secretary shall make a reasonable effort to contact each director.
Action Taken Without a Meeting. Any action which may be taken by the Board of Directors at a
meeting may be taken without a meeting if consent in writing setting forth the action to be taken
shall be signed before such action by all of the Directors. Any action so approved shall have the
same effect as though taken at a meeting of the Directors.
Ouonrm. A majority of the Board of Directors shall constitute a quonrm for the transaction of
business. If a quorum is not present, a lesser number may adjourn the meeting to a later date.
Conduct of Business. At meetings of the Board of Directors, business shall be tansacted in such
order as provided in Article II of these Bylaws. At all meetings of the Board of Directors, the
president or in this person's absence, avice president shall preside. The secretary ofthe corporation
shall act as secretary at all meetings of the board, and in case of absence, the chairperson of the
meeting may designate anyone attending to act as secretary.
Board Decisions.' The act of a majority of the directors present at a meeting at which a quonln is
present shall be the act of the Board of Directors, unless the act of a greater number is required by
law or by these Bylaws.
Proxies. Each director shall be entitled to vote at any meeting by proxy. A proxy shall be in writing
and revocable at the pleasure of the director executing it. No proxy shall be valid for more than one
(l) meeting
Compensation. Directors as such, shall not receive any stated salaries for their selices, but by
resolution of the Board of Directors expenses of attendance, if any, may be allowed for attendance
at any regular or special meeting of the board. Nothing herein contained shall be construed to
precludeany directorfrom senringthe corporation in any othercapacity andreceiving compensation
therefor.
Removal of Directors. Any one or more of the directors may be removed either with or without
cause, at any time, by a vote of two'thirds of the members present at any special meeting called for
that purpose.
ARTICLE TV
OIT'ICERS
Nr.unber. Officers of the Big R Lot Owners Association, Inc. shall be a president, a vice president
secretary, teasurer and such other officers as the Board of Directors may authorize. The ofEces of
Vice President, Secretary and Treasurer may be held by the same person. All officers shall be
elected by the Board of Directors from among its membership at the first regular meeting after it has
been elected.
President. The president shall preside at all meetings of the corporation and its Board of Directors
and shall be, ex-officio, a member of all committees; shall perform such other duties as may be
prescribed in these Bylaws or assigned to him by the corporation or by the Board of Directors in
order that the purposes of the corporation may be accomplished. The president shall sign and
execute all instruments of conveyance as authorized by the Board of Directors
Vice President. The vice president shall assume responsibilities as may be assigned by the president.
The vicepresident shall bepresident elect and shall performthe duties ofthepresidentinthe absence
or disability ofthat ofFrcerto act.
Trea$urer. The treasurer shall be responsible for receiving and disbursing the fimds of the
corporation and shall keep all monies ofthe corporation deposited in its name. At regular intervals,
the treasurer shall make reports to the Board of Director
Secretar.v. The secretary ofthe corporation shall cause the minutes of each meeting ofthe Executive
Committee and the Board of Directors to be kept in proper form and shall attest all official papers.
The secretary shall so give notice of all meetings in accordance with the Bylaws and shall Jign, *
secretary, documents and instruments authorized by the Board ofDirectors and shall have charge of
the seal ofthe corporation.
Vacancies. All vacancies in any office shall be filled by the Board of Directors without undue delay,
at its regular meeting, or at a meeting specially called for that purpose.
ARTICLE V
COMN{ITTEES
The president may appoint, with the approval ofthe Board of Directors, any committees it is deemed
necessary to properly carry on the business of the corporation. These committees are to be used to
study certain facets of the total operation and make recommendations to the Board of Directors for
action. Members of the committees may be any person felt best qualified to serye on the specified
committee.
ARTICLE VI
CoNTRACTS, CIIECKS, DEPOSITS, AIID GIFTS
Contracts. The Board of Directors may authorize any ofEcer or officers or agent or agents of the
corporation, in addition to the officers so authorized by these Bylaws, to enter into any contract or
execute and deliver any instrument in the name of, and on behalf of, the corporation, and such
authority may be general or may be confined to specific instances.
Checks. Drafts. or Orders. All checks, drafts, or orders for the payment of money, notes or other
evidences of indebtedness issued in the name of the corporation, shall be signed by such officer or
officers or agent or agents of the corporation, and in such manner as shall from time to time be
determined by resolution of the Board of Directors. In the absence of such determination by the
Board of Directors, such instruments shall be signed by the treasurer or an assistant treasurer and
countersigned by the president or a vice president ofthe corporation.
Deposits. All firnds of the corporation shall be deposited from time to time to the credit of the
corporation in such banks, tust companies, or other depositories as the Board of Directors may
select.
Gifts. The Board of Directors may accept on behalf of the corporation any contribution, glft,
bequest, or devise for any purpose ofthe corporation
Conflicts of Interest.
Disclosure. Every member ofthe Board ofDirectors and all officers ofthe corporation shall
disclose any conflict of interest that exists regarding any tansaction, purchase, contact or other
pecuniary transaction of the corporation for which the director or officer exercises a substantial
discretionary firnction on behalf of the corporation. A conflict of interest exists when the director
or officer is additionally a director, president, general manager, parfrrer, executive officer or owns
or controls directly or indirectly a substantial interest in any non-governmental entity participating
in the transaction with the corporation.
b. Non-Participation. In addition to disclosing the potential conflict of interest as set forlh
above, any member of the corporation shall refrain from participating in or exercising any
discretionary function conceming such matter. Should such member or officer fail to voluntarily
refrain from such participation, the Board of Directors, by majority vote, may compel such director
or officer to refrain from such participation.
ARTICLE VII
BOOKS AND RECORDS
The corporation shall keep correct and complete books and records ofaccount and shall also keep
minutes of the proceedings of its members, Board of Directors, committees having and exercising
any of the authority of the Board of Directors, and shall keep at the principal office a record gving
the names and addresses ofthe members entitled to vote. All books and records of the corporation
may be inspected by any member, or his agent or attorney, for any proper purpose at any reasonable
time.
ffiIH*;H
The fiscal year of the corporation shatl be the calendar year.
ARTICLE TX
SEAL
The Board of Directors shall provide a corporate seal.
ARTICLE X
AMENDMENTS
The directors, by an affimtative vote of two-thirds Ql3) vote of the membership of the Board of
Directors, may make, alter, or amend the Bylaws of this corporation without noti"" at any regular
meeting, or any special meeting if mentionthereof is contained in the notice of the call of any such
meeting.
, DULYADOPTE
on the lLaay or OC-(o I
by the Board of Directors of Big R Lot Owners Association, Inc.
,2007.
ATTEST:
,,Ek\LlLe
6
placement and compaclion of excavated
vert pipe and concrete -.2
control strew bale check dams
of utilitv ooles end wire Lot I
opinion of probable conEtruclion cost was prepared for planning purpos€s only. Colorado River
responsible for variances from this estimate as actual costs may vary due to refinoment of project scope, bid and market
6f12@A M1C REjobliles\600-BigR\costestBi gR. xls Page 1