20253630362 CIAL RECORDS OF PIMA GOUNTY, AZ (~ eRECORDED C WHEN bas RETURN TO: mn? arés-Kelly, Recorder Smith 2 Wabhsley PLLC SS) C5 NT 2940 NsSwan Road, Ste. 212 Ss Tego 85712 2 2 “aS FIRSR AMENDMENT TO CS SO This First Amend o Barrio Lindo Declaration of ants, Conditions, Restrictions, and Easements (“Amendment”) is effective as of the date it is recorded, amending the Barrio Lindo Declaration of Covenants, Conditions, Restrictions, and Easements, recorded at Sequence Number 20211440620 in the Official Records of Pima County, Arizona ay 24, 2021 (“Declaration”). oN WHEREAS, Equilibrium 28 W 18th SG fc is an Arizona limited liabil company, which is the Declarant pursuant to Article 1, Section 1.20 of the peste SS y this Declaration, unti ination of the Declarant Contr es In addition to specific aor rights granted elsewhere in XS Period, this Declarati ay only be amended by the Declaran OS and may be amen r any purpose, without the consent o LY approval of any< ers or Members, or any other , S regardless of whe er any such amendment is es in nature. .
WHEREAS, Article I, Section 1.22 of the Declaration provides the Declarant Control Period began upon the recording of the Declaration and will not expire until the Declarant’s voluntary relinquishment of its Declarant) Control Period rights; or (3) Q December 3 35. we WHEREAS, notwithstanding any terms ot the Declaration, A.R.S. § 33-1820(4)5) provides.the Declarant Control Period must terminate not later than the date on which:the
3) Q December 3 35. we WHEREAS, notwithstanding any terms ot the Declaration, A.R.S. § 33-1820(4)5) provides.the Declarant Control Period must terminate not later than the date on which:the second ip last Lot is sold to a Person other, thanDeclarant. } op SS > cS WHEREAS, the Declaration, Conttol Period has not terminated b cauise: (1) ‘Declarant currently holds title to all s; (2) Declarant has not voluntar} re inquished y of its rights; and (3) it is not ye ember 31, 2025. Y SS LS l ESS Q NO 20253630362 Page 2 of 3 SN \ wpa, the Declaration does not presen esr or regulate leases or oes rental activity) within the Lots. WY xy NuEReas, the Declarant now desites amend the Declaration to more ex sta tal activity is allowed within the Lots provide greater clarity and certainity.a out othese rights to prospective purchasers.
© we . SS NOW, THEREFORE, Declarant, hereby amends the Declaration ows.
on & AMENDMENT S&S S 1. Article V, son of the Declaration is hereby amended by inserting the following Section 5.1.26 immediately after Section 5.1.25: Leasing 5.1.26 An Owner may lease all or any portion of the —Qwner is responsible for the O ‘3, Tenants’, the <6) enants’ guests or invitees’, and ther Occupant of §) Owner’s Lot to a Tenant for any pee d of time. Each (cQyY the Lot’s, compliance with all f the Governing CO (Cs Documents. Each Owner etal nsure the use of the GS) = Owner’s Lot by a T e Tenant’s guests or enant; w~ invitees, or any other Occupant of the Lot, complies Ss Ov (Or with all applicable zon 1g,’ codes, ordinances, laws, or © Qe oy other governmenta lations. Notwithstanding any oy SS other provision eclaration, after the Period o ees &S Declarant Contr is Section may not be amend repealed, or ise modified in any way unless
Qe oy other governmenta lations. Notwithstanding any oy SS other provision eclaration, after the Period o ees &S Declarant Contr is Section may not be amend repealed, or ise modified in any way unless is approved by the unanimous wri Owners of all Lots. No lesser v: Il t. For the purposes of this Sectiortva “I dase” shall refer to any lawful rental agreement of any kind.
Nothing in this Section in any way limits or modifies the Association’s rights to request certain information on an Owner pursuant to A.R.S. § 33-1806.01. \ 2. ecitals are incorporated herein a ‘have the effect of stipulations of Q 3. except as amended herein, all isd the Declaration remain in full i) ande without modification.
ono oop ono ent Defined terms used and n rwise defined in this Amendment have the S ings given to such terms in the tion, as previously amended.
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SS Ss Ss A A 20253630362 Page 3 of A SS SS SS ITNESS WHEREOF, the Declaraht hereby executes this Amendment, which 5 is effective immediately upon recording.
IBRIUM 28 W 18TH ST., we 2, G Equilibrium Fund Manager, L YO Its: Manager & By: © S Sofonias Astatke S : Its: Manager Hurd: State of Ariz6na i> ) ss.
County Hern ) 4 . wo eaves nhs SUBSCRIB SWORN TO, AND OHDOT eforé me this 2t™ Q ) day of AB MEL, 2025, by Sofonias Astatke,) open re of Equilibrium Fund (O) es , an Arizona limited liability compan ate ee is the Manager of Equilibriu A x HS, LLC, an Arizona limited liability’company, for and on behalf a 2 My Commission Expi GY MACH vw