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Home My WebLink About20100648.tiff a DEPARTMENT OF PLANNING SERVICES Compliance Division PAlt NORTH OFFICE 918 10T" Street GREELEY, CO 80631 ' Website: WWW.CO.WELD.CO.US E-mail Address: bsalzmanCcilco.weld.co.us Q PHONE: (970) 353-6100, Ext. 3555 • FAX: (970) 304-6498 COLORADO SOUTHWEST OFFICE 4209 CR 24.5 LONGMONT, CO 80504 PHONE: (720) 652-4210, Ext. 8730 FAX: (720) 652-4211 September 1, 2005 MR. MICHAEL LAFFERTY 4702 PEAKVIEW RD SCOTTS ACRES ERIE, CO 80516 Subject: VI-0400244, Part of Lot 8, Scotts Acres Subdivision, Weld County, Colorado Dear Mr. Lafferty: The Weld County Department of Planning Services Staff has closed the zoning violation case on your property as my records indicated that USR-1503&USR-1502 were approved by the Board of County Commissioners on June 1, 2005. Please keep in mind my records show you still have not recorded your Use by Special Review plats. If not recorded in a timely fashion,Michelle Martin,Planner will need to proceed with a Probable Cause in order to revoke USR-1503 and USR-1502. If USR-1503 or USR-1502 is revoked,your case would then be turned back over to me. Therefore, please understand the importance of completing the Use by Special Review process to avoid future action. Thank you for your cooperation in this matter. Should you have any questions regarding this letter, or if you need any further information, please feel free to contact me at the above address,telephone number or e-mail address. Sincerely, Bethany Salzman Zoning Compliance Officer II pc: VI-0400244 Michelle Martin, Planner County Attorney's Office 2010-0648 efrilV-6- 0 /777 �D SERVICE,TEAMWORK,INTEGRITY,QUALITY 1111111 IIIII 1111111111 IIIII 11111 Vc11 untY III 1,11,1!. !!1 2 R 11.00 D 0002. Steve olerk & EXHIBIT A GRANT OF STORM SEWER PIPELINE EASEMENT TO STENERSON, OLSON & LOWREY DEVELOPMENT, LLC KNOW ALL MEN BY THESE PRESENTS, that ALAN WHITTERN and CATHY DAWN WHITTERN (referred to in this Easement as Grantors) , in consider- ation of $ 2, 600 and other good and valuable consideration (re- placement of their existing driveway culvert) paid by STENERSON, OLSON & LOWREY DEVELOPMENT, LLC, a Colorado Limited Liability Corporation (referred to in this Easement as Grantee) , the receipt and sufficiency of which is hereby acknowledged, does hereby grant, bargain, sell, transfer, and convey to Grantee, its successors and assigns, a nonexclusive and perpetual easement with the right to erect, construct, install, and lay and thereafter use, operate, inspect, repair, maintain, enlarge, replace, and remove a storm sewer pipeline in, over, and across the following-described real property owned by Grantor in Weld County, State of Colorado: Lot A of Recorded Exemption RE-284, aka 13876 Elmore Road; together with the right of ingress and egress over Grantor' s adjacent real property for the purposes for which the above- mentioned rights are granted. The easement hereby granted shall be 10 feet in width and shall be located across the above-described real property and is described as follows : the south 10 . 00 feet of the aforesaid parcel; In addition to the perpetual easement described above, Grantor grants to the Grantee a temporary easement (for purposes of con- struction only and to automatically expire upon completion and acceptance of the restoration by the grantors) , 20 feet in width, immediately adjacent to the permanent easement described above, and which shall lie on the north side of the permanent easement as the requirements of construction dictate. The Grantee, in consider- ation of the granting of such additional temporary construction easement, covenants and agrees to restore the disturbed areas to equal or better condition than before the start of initial con- struction of the pipeline and appurtenant facilities . Grantor reserves the right to utilize its property in any lawful manner provided that such usage does not interfere with the rights and privileges conferred herein. The consideration recited in this easement shall constitute payment in full for all damages sustained by Grantor by reason of the installation of the facilities and structures referred to in this easement . Page 1 of 2 E.U.REORTED COPY 1111111 11111 11111 1111111111 111111 nil III 11111 IIII iii 3310891 08/08/2005 02:33P Weld County, CO 2 of 2 R 11.00 D 0.00 Steve Moreno Clerk & Recorder The foregoing agreement, together with other provisions of this Easement, shall constitute a covenant running with the land for the benefit of the Grantee, its successors, agents and assigns. The Grantor covenants that Grantor is the owner of the above-described real property and that said real property is free and clear of all encumbrances and liens . IN WITNESS WHEREOF, Grantor 1 has executed this Grant of Storm Sewer Pipeline Easement this �� day of Nar�9 , 2005 . GRANTORS t \ Alan ' ttern Cat hyPawn Whittern STATE OF COLORADO ss. COUNTY OF �jk ) The foregoing Storm Sewer Piipeline Easement was acknowledged before me this day of 1/1716D-O-- , 2005 by Alan Whittern and Cathy Dawn Whittern. Witness my hand and official seal . My commission expires : 1' �1 ' 2007 A. A04-414,_ NOTARY '•m 11 . ruBLIC ' 60\- Page 2 of 2 wh i teas2.eww 11111 11111 11111 H TIN IVIED III 11111 IM III' 3310892 08/08/2005 02:33P Weld County, CO 1 of 1 R 6.00 0 0.00 Steve Moreno Clerk& Recorder QUIT CLAIM DEED THIS DEED,made this 2(. day of O%-y ,2005,between Sr i✓�/G1O� �%GI/✓, Zl oa'4 - 9e'✓QIres e, / G. e of the County ofj?—fpn/, State of Colorado,grantor, and AA5.17,49 C,e/b✓c /7f4Aet< &WV- S ,4yee eitto/✓ whose legal address is ,grantee: WITNESSETH, That the grantor for and in consideration of the sum of Ten and no/100 ($10.00) Dollars, the receipt and sufficiency of which is hereby acknowledged, remised, released, sold and QUITCLAIMED, and by these presents does remise, release, sell and QUITCLAIM unto the grantees, their heirs, successors and assigns forever, not in tenancy in common but in joint tenancy,all the right, title, interest, claim and demand which the grantor has in and to the real property, together with improvements, if any,situate, lying and being in the County of idle-0 and State of Colorado described as follows: /V047-24///fill(f' ©tJ%4cr /3 Glue eCc a-o ,9/n- as known by street and number as: TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging, or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever of the grantor, either in law or equity, to the only proper use, benefit and behoof of the grantees,t heir heirs and assigns forever.The singular number s hall include the plural, the plural the singular,and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF,the grantor has executed this deed on the date set forth above. STATE OF Colorado COUN'T'Y OF The fojegoing instrument a � �,�c k/nqvie��ed before me this day of tOfr by ( • My Commission expires: I11111111111111111111111111111111I!"lI III111111111IIII 3310893 08/08/2005 02:33P Weld County, CO 1 of 1 R 6.00 D 0.00 Steve Moreno Clerk& Recorder QUIT CLAIM DEED THIS DEED,made this /42 day of "47 ,2005,between of the County of c9.&/, State of Colorado,grantor, and ' whose legal address is,grantee: WITNESSETH, That the grantor for and in consideration of the sum of Ten and no/100 ($10.00) Dollars, the receipt and sufficiency of which is hereby acknowledged, remised, released, sold and QUITCLAIMED, and by these presents does remise, release, sell and QUITCLAIM unto the grantees, their heirs, successors and assigns forever, not in tenancy in common but in joint tenancy, all the right, title, interest, claim and demand which the grantor has i and to the real property, together with improvements, if any, situate, lying and being in the County of et-h and State of Colorado described as follows: /1/O/1—B,r,Ic/ahle Par Loi of tae P✓it-rr as known by street and number as: TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging, or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever of the grantor, either in law or equity, to the only proper use, benefit and behoof of the grantees, their heirs and assigns forever. The singular number shall include the plural, the plural the singular,and the use of any gender shall be applicable to all genders.nd dP / lC1 IN WITNESS WHEREOF,the grantor has executed this deed on the date set forth above. STATE OF Colorado COUNTY OF d,{/ria /pe The_ Aoregoing instrument ack wl dged before me this ,l'Je day of /i /lac! �0CZ_S by w My Commission expires: y/9/0G7 AEI 11111 11111 11111 IIIII 111111411 111 IIIII III! 1111 3310894 08/08/2005 02:33P Weld County, CO 1 of 1 R 6.00 D 0.00 Steve Moreno Clerk& Recorder QUIT CLAIM DEED THIS DEED,made this z , day of /4 ,2005,between �'6✓�/i-StJ�✓, OtSUn/ � • GC of the County of' 4pp‘,/, State of Colorado,grantor, and des I/ 1 C,itWe 2 a. nri✓e-ns /9550c,-/to,�/ whose legal address is,grantee: WITNESSETH, That the grantor for and in consideration of the sum of Ten and no/100 ($10.00) Dollars, the receipt and sufficiency of which is hereby acknowledged, remised, released, sold and QUITCLAIMED, and by these presents does remise, release, sell and QUITCLAIM unto the grantees, their heirs, successors and assigns forever, not in tenancy in common but in joint tenancy, all the right, title, interest, claim and demand which the grantor has in and to the real property,together with improvements, if any, situate,lying and being in the County of W 13 and State of Colorado described as follows: ,4L7— 8✓,7c 6/e pc)re o e 2e ce),e. O fin- 1 /✓�5/i4 C/2/WE Rn-,lc2c , as known by street and number as: TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging, or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever of the grantor, either in law or equity, to the only proper use, benefit and behoof of the grantees,their heirs and assigns forever. The singular number shall include the plural, the plural the singular,and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF,the grantor has executed this deed on the date set forth above. STATE OF Colorado COUNTY OF The for going instrument '/ dged before me this al0 day of by ,'lO—i�f My Commission expires: L� _ 111111 11111 111 11111111 111111II11111111111111 3310895 08/08/2005 02:33P Weld County, CO 1 of 44 R 221.00 D 0.00 Steve Moreno Clerk & Recorder DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR NESTING CRANE RANCH rKrED conr IBM 111111IIII 11111 II 1111311 iii 111 IIII III 3310895 08/08/2005 02:33P Weld County, CO 2 of 44 R 221.00 D 0.00 Steve Moreno Clerk & Recorder TABLE OF CONTENTS ARTICLE I DEFINITIONS 2 Section 1.02 Association 7 Section 1.03 Board of Directors 2 Section 1.04 Building 2 Section 1.05 Common Area 7 Section 1.06 Common Area Improvements 2 Section 1.07 Common Expense 2 Section 1.08 Declarant 3 Section 1.09 Declarant Control Period 3 Section 1.10 Declaration 3 Section 1.11 Design Guidelines 3 Section 1.12 First Mortgage 3 Section 1.13 First Mortgagee 3 Section 1.14 Improvement 4 Section 1.15 Licensed Property 4 Section 1.16 Lot 4 Section 1.17 Lot Improvement 4 Section 1.18 Maximum Number of Lots 4 Section 1.19 Member 4 Section 1.20 Mortgage 4 Section 1.21 Mortgagee 4 Section 1.22 Nesting Crane Ranch 4 Section 1.23 Owner 4 Section 1.24 Participating Builder 5 Section 1.25 Plat 5 Section 1.26 Properties and Project 5 Section 1.27 Residence 5 Section 1.28 Supplementary Declaration 5 ARTICLE II PROPERTY RIGHTS 5 Section 2.01 Owners' Easement of Enjoyment 5 Section 2.02 Delegation of Use 6 Section 2.03 Common Area and Improvements Thereon 6 Section 2.04 Common Area Use 6 ARTICLE III EASEMENTS 6 Section 3.01 Maintenance Easement 6 Section 3.02 Emergency Easement 6 ii 11111111111111111iii11111111111h..71 III 111111111Iiii 3310895 08/08/2005 02:33P Weld County, CO 3 of 44 R 221.00 0 0.00 Steve Moreno Clerk& Recorder ARTICLE IV THE ASSOCIATION 6 Section 4.01 The Association 6 Section 4.02 Membership 6 Section 4.03 Voting Rights; Declarant Control Section 4.04 Board of Directors 7 Section 4.05 Transfer 7 Section 4.06 Powers 8 Section 4.07 Examination of Books and Records 9 ARTICLE V CERTAIN RIGHTS AND OBLIGATIONS OF THE ASSOCIATION 9 Section 5.01 Common Area 9 Section 5.02 Emergency Access 10 Section 5.03 Miscellaneous Services 10 Section 5.04 Professional Management 10 Section 5.05 Maintenance of Individual Lots 11 Section 5.06 Identity of Board of Directors 11 Section 5.07 Rights of Action 11 ARTICLE VI ASSESSMENTS 11 Section 6.01 Obligation 11 Section 6.02 Board Establishes Assessment 12 Section 6.03 Uniform Rate of Assessment 12 Section 6.04 Time for Payment of Assessments 13 Section 6.05 Special Assessments for Capital Improvements 13 Section 6.06 Budget Ratification 13 Section 6.07 Assessment Lien 14 Section 6.08 Personal Obligation 14 Section 6.09 Notice to First Mortgagee 14 Section 6.10 Statement of Status of Assessment Payment 14 Section 6.11 Personal Liability of Purchaser for Assessments 15 Section 6.12 Working Capital and Assessment Reserves 15 Section 6.13 First Mortgagee-Foreclosure--Liability for Unpaid Assessments 15 Section 6.14 Association's Right of Acceleration Upon Default 16 in 11111111111 IIIII 11111111 1111111111 III 1111111111111 3310895 08/08/2005 02:33P Weld County, CO 4 of 44 R 221.00 D 0.00 Steve Moreno Clerk& Recorder ARTICLE VII RESTRICTIVE COVENANTS AND OBLIGATIONS 16 Section 7.01 Residential 16 Section 7.02 Sales and Construction Facilities of Declarant 16 Section 7.03 Compliance With Law 17 Section 7.04 Rules and Regulations 17 Section 7.05 No Other Business 17 Section 7.06 Setbacks and Dimensions 17 Section 7.07 Miscellaneous Use Restrictions 18 Section 7.08 Failure to Maintain 25 ARTICLE VIII ARCHITECTURAL REVIEW COMMITTEE 15 Section 8.01 Membership 25 Section 8.02 Evidence of Action 25 Section 8.03 Duties 26 Section 8.04 Approval of Plans 26 Section 8.05 Certain Exemptions for Declarant; Participating Builders 27 Section 8.06 Reserved Right of Declarant 27 Section 8.07 Binding Agreement to Pay Legal Costs 27 Section 8.08 Minor Violations of Setback Requirements 78 Section 8.09 No Review 28 ARTICLE IX INSURANCE 28 Section 9.01 Comprehensive General Liability and Property Insurance 28 Section 9.02 Fire and Hazard Insurance 28 Section 9.03 No Individual Fire Insurance on Common Area 29 Section 9.04 Owner's Personal Liability and Property Insurance 29 Section 9.05 Fidelity Insurance Coverage 30 Section 9.06 Other Insurance 30 Section 9.07 Attorney in Fact 30 Section 9.08 Proceeds 30 Section 9.09 Notice of Cancellation or Modification 30 Section 9.10 Annual Review of Policies 30 Section 9.11 Deductibles 31 Section 9.12 Directors and Officers Liability Insurance 31 Section 9.13 Waivers 31 ARTICLE X CASUALTY 31 Section 10.01 Association As Agent and Attorney in Fact 31 Section 10.02 General Authority of Association 31 Section 10.03 Notices and Cost Estimates 31 Section 10.04 Insurance Proceeds Sufficient to Repair 32 Section 10.05 Insurance Proceeds Insufficient to Repair 32 iv 1111111 11111 111 LE HII 111111 111111 III 11111 IIII IIII 3310895 08/08/2005 02:33P Weld County, CO 5 of 44 R 221.00 D 0.00 Steve Moreno Clerk & Recorder ARTICLE XI CONDEMNATION 32 Section 11.01 Consequences of Condemnation 32 Section 11.02 Proceeds and Notice 32 ARTICLE XII GENERAL RESERVATIONS 32 Section 12.01 Reservation of Easements, Exceptions and Exclusions 32 Section 12.02 Rights of Declarant and Participating Builders Incident to Construction 32 ARTICLE XIII PRE-EXISTING RESERVATIONS, RESTRICTIONS, EASEMENTS AND COVENANTS 33 Section 13.01 Weld County 33 Section 13.02 Other Recorded Documents 33 ARTICLE XIV REVOCATION OR AMENDMENT OF DECLARATION 33 Section 14.01 Revocation 33 Section 14.02 Duration and Amendment 33 Section 14.03 Amendments to Conform to VA, FHA, FNMA or FHLMC Requirements 33 Section 14.04 Technical Amendments 33 ARTICLE XV MISCELLANEOUS PROVISIONS 34 Section 15.01 Mailing Address 34 Section 15.02 Compliance with Provisions 34 Section 15.03 Severability 34 Section 15.04 Terminology 34 Section 15.05 State Law 34 Section 15.06 Declarant's Rights Transferable 34 Section 15.07 Registration of First Mortgagees 34 Section 15.08 Approval by First Mortgagees 35 Section 15.09 Conflict 35 v 1IIIIII1111111111EElll11111111111 id co 111I1coo11111111 33 6 of 44 R 221.00 D 0.00 Steve Moreno Clerk& Recorder DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR NESTING CRANE RANCH STENERSON, OLSON&LOWREY DEVELOPMENT, LLC,a Colorado limited liability company(the"Declarant"), as the owner of certain real property located in Weld County,Colorado, and more particularly described on Exhibit A, attached hereto and incorporated herein by this reference (the "Properties"), which Properties consist of NINE (9) individual Lots to be sold, and related Common Area and Common Area Improvements as set forth on the Plat,hereby makes the following grants, submissions, and declarations: RECITALS Declarant desires to provide for the preservation and enhancement of property values, and opportunities in the Properties,contributing to the personal and general health, safety and welfare of residents and for the maintenance of the Common Area and Improvements, and for that purpose, Declarant desires to subject the Properties, together with such additions as may hereafter be made thereto,to the covenants,conditions,restrictions, easements,charges and liens hereinafter set forth, each and all of which is and are for the benefit of the Properties and each Owner thereof. Declarant intends that the Project and the Association shall be exempt from the operation of the Colorado Common Interest Ownership Act, C.R.S. §§ 38-33.3-101, et seq. (the "Act"), as provided in Section 116 of the Act, except as otherwise specifically provided in the Act. DECLARATION NOW, THEREFORE, Declarant declares that the Properties and such additions as may hereafter be made are and shall be held, transferred, sold, conveyed and occupied subject to the following uniform covenants, conditions,restrictions, easements, charges and liens which shall run with the real property and be binding on all persons having or acquiring any right, title or interest in the Properties or any part thereof, their heirs, successors, and assigns, and shall inure to the benefit of be binding upon, and be enforceable by Declarant, its successors in interest,each Owner and his successors in interest, and Nesting Crane Ranch Owners Association, and its successors in interest. 1 111111 11111 11111 11111 11111 11111111111 III 11111 33108 3 of 44 R 221.00 D 0.00 Steve Moreno Clerk& Recorder ARTICLE I. DEFINITIONS The following terms shall have the following meanings when used, unless the context otherwise requires: 1.01 Association. "Association" shall mean and refer to the Nesting Crane Ranch Owners Association,its successors and assigns. 1.02 Board of Directors. 'Board of Directors" or "Board" shall mean and include the governing body of the Association as provided in this Declaration,the Articles of Incorporation and the By-Laws thereof. 1.03 Building."Building" shall mean and include any building constructed or existing on the Properties. 1.04 Common Area. "Common Area"shall mean and refer to the real property described as Common Area in Exhibit B, together with all Common Area Improvements thereon and rights appurtenant thereto, and all personal property used in connection therewith.The Common Area may generally include open space, certain private streets, detention and/or retention ponds, drainage facilities, entry signs and features, retaining walls, drives and access easements, sidewalks, fences, greenbelt areas, bridges and any recreational amenities described in this Declaration or the Plat. 1.05 Common Area Improvements. "Common Area Improvements"shall mean and refer to any and all improvements located in, under,or upon the Common Area, as originally developed and constructed by Declarant or as later added by the Association, which Common Area Improvements may include entryways,greenbelts,open space and non-dedicated and private roadways, all as may be located upon the Common Area described herein. 1.06 Common Expense. "Common Expense" shall mean and refer to: (a) Expenses of administration, operation or management, repair, maintenance or replacement of the Common Area of the Project; (b) Expenses declared Common Expenses by the provisions of this Declaration, the Articles of Incorporation and By-Laws of the Association; (c) All sums lawfully assessed against the Lots by the Board of Directors of the Association; (d) Expenses determined to be Common Expenses by the Association; (e) Expenses as are provided in any management agreement applicable to the Properties; and 2 1 11111111111 11111 111 IIIII 111111111111 III IIIII1111IIII 3310895 08/08/2005 02:33P Weld County, CO 8 of 44 R 221.00 D 0.00 Steve Moreno Clerk& Recorder (t) Expenses incurred in the maintenance of any property over which the Association has a license and/or maintenance agreement with public agencies,authorities or utilities, including, but not limited to Weld County, Colorado. 1.07 Declarant. "Declarant" shall mean and include Stenerson, Olson & Lowrey Development, LLC, a Colorado limited liability company, its successors and assigns, if such successors and assigns should acquire Lots owned by Declarant and a notice of assignment of any or all of Declarant's rights hereunder is recorded in the records of the Office of the Clerk and Recorder of Weld County, Colorado, specifying the assignee of Declarant's rights. 1.08 Declarant Control Period. "Declarant Control Period" means the period of time beginning on the date on which the Declaration is recorded in the records of the Clerk and Recorder of Weld County, Colorado,and ending on the happening of any of the following events,whichever occurs first: (a) Upon the date sixty(60)days after the date on which Declarant has conveyed one hundred percent (100%) of the Maximum Number of Lots to purchasers other than Declarant or a successor Declarant; or (b) On a date certain set forth in a written notice from Declarant to the Secretary of the Association of its intent to terminate this reserved right as of such date;provided,however,that in the event there is more than one Declarant, such notice must be signed by all such Declarants. 1.09 Declaration. "Declaration" shall mean and refer to this instrument and any amendment or supplement thereto, recorded in the records of the office of the Clerk and Recorder of Weld County, Colorado. 1.10 Design Guidelines. "Design Guidelines" shall be any written architectural and design guidelines adopted by the Board of Directors. 1.11 First Mortgage. "First Mortgage" shall mean and refer to any unpaid and outstanding mortgage,deed of trust or other security instrument recorded in the records of the Office of the Clerk and Recorder of Weld County, Colorado, encumbering any Lot having priority of record over all other recorded liens except those governmental liens made superior by statute (such as general ad valorem tax liens and special assessments). "First Mortgage" shall also mean and refer to any executory land sales contract wherein the Administrator of Veterans Affairs,an officer of the United States of America, is the seller, whether or not such contract is recorded,and whether such contract is owned by the Administrator or has been assigned by the Administrator and is owned by the Administrator's assignee, or a remote assignee, and the land records in the Office of the Clerk and Recorder of Weld County, Colorado show the Administrator as having the record title to the Lot. 1.12 First Mortgagee. "First Mortgagee"shall mean and include the holder or beneficiary of any recorded First Mortgage. 3 ILO 11111 11111 EM IIIII 11111 IIII IIII 3310895 08/08/2005 02:33P Weld County, CO 9 of 44 R 221.00 D 0.00 Steve Moreno Clerk & Recorder 1.13 Improvement. "Improvement"shall mean and refer to any improvement constructed on a Lot, including,but not limited to any Residence,building,garage, out-building,structure, fixture, landscaping, site grading,driveway, sidewalk,drainage channel,culvert,roadway,fence,wall,deck, patio, shed,swimming pool,or pond,located on any part of the Project or Properties, including,but not limited to, buildings, structures or fixtures located on the Properties or any Lot prior to the recording and effective dates of this Declaration. 1.14 Licensed Property."Licensed Property"shall mean and include any property owned by a governmental unit or entity which is maintained by the Association and used by the Members pursuant to a license agreement with a governmental unit or entity,including but not limited to Weld County, Colorado. 1.15 Lot."Lot"shall mean and refer to any separately numbered plot of land shown upon the recorded Plat, with the exception of the Common Area and any public streets,but together with any appurtenances thereto or Improvements thereon. 1.16 Lot Improvement. "Lot Improvement" shall mean and refer to any Improvements located upon a Lot in addition to a Residence, as above defined, as such Improvements were originally installed by the Declarant or later approved for installation by the Association and intended for use in connection with the ownership of such Lot. 1.17 Maximum Number of Lots. "Maximum Number of Lots" shall mean the maximum number of Lots which Declarant may create in the Project by originally including such Lots within the Declaration.The Maximum Number of Lots shall be NINE(9),unless the Maximum Number of Lots is changed by an amendment to this Declaration in accordance with Section 4.06. 1.18 Member. "Member"shall mean and refer to those persons entitled to membership in the Association. "Member" and"Owner"(as hereinafter defined)may be used interchangeably herein, unless the context provides otherwise. 1.19 Mortgage. "Mortgage" shall mean and include any recorded mortgage, deed of trust or other security instrument by which a Lot or any part thereof is encumbered. 1.20 Mortgagee. "Mortgagee" shall mean and include a beneficiary under a Mortgage. 1.21 Nesting Crane Ranch. "Nesting Crane Ranch"shall mean the Project and the Properties as defined in Section 1.25. 1.22 Owner. "Owner"shall mean and include any person or entity,including the Declarant,at any time owning a Lot.The term'-Owner"shall not refer to any Mortgagee as herein defined,unless such Mortgagee has acquired title pursuant to foreclosure or any proceeding in lieu of foreclosure. The terms "Owner" and "Member" (as hereinabove defined) may be used interchangeably herein, unless the context provides otherwise. 4 1111111 11111 till IIIIII Idl III 111111 III IIII 3310895 08/08/2005 02:33P Weld County, CO 10 of 44 R 221.00 0 0.00 Steve Moreno Clerk& Recorder 1.23 Participating Builder. "Participating Builder'shall mean an Owner other than Declarant that acquires a portion of the Properties from Declarant and which is designated in writing by Declarant as a Participating Builder. 1.24 Plat. "Plat" shall mean and refer to the plat of Nesting Crane Ranch recorded , in Book at Page , under Reception No. , of the records of the Office of the Clerk and Recorder of Weld County, Colorado, as the same may be amended from time to time. 1.25 Properties and Project. "Properties" and "Project" shall mean and refer to that certain real property described on Exhibit A. 1.26 Residence. "Residence"shall mean and refer to the improvements located upon any Lot built for single family occupancy as a residence which are constructed on or after the date on which this Declaration is recorded in the records of the Office of the Clerk and Recorder of Weld County, Colorado. 1.27 Supplementary Declaration."Supplementary Declaration"shall mean any Declaration of Covenants, Conditions, and Restrictions which may be recorded on a portion of the Property which is in addition to this Declaration and contains covenants, conditions, and restrictions, in addition to those set forth herein applicable only to that portion of the Property. ARTICLE II. PROPERTY RIGHTS 2.01 Owners' Easements of Enjoyment. Every Owner shall have a right and easement of enjoyment in and to the Common Area and any Licensed Property which shall be appurtenant to and shall pass with the title to every Lot, subject to the following provisions: (a) The right of the Association to suspend the voting rights and right to use of any Common Area and Common Area Improvements by a Member for any period during which any assessment against his Lot remains unpaid; (b) The right of the Association to suspend the voting rights and right to use of any Common Area and Common Area Improvements by a Member for a period not to exceed sixty(60) days for any and each infraction of its published Rules and Regulations; (,c) The right of the Association to dedicate or transfer all or any part of the Common Area to any public agency, authority or utility for such purposes and subject to such conditions as may be agreed to by the Members. No such dedication or transfer shall be effective unless an instrument signed by sixty-seven percent (67%) of the Members agreeing to such dedication or transfer has been recorded; and, (d) The right of the Association, in accordance with this Declaration and its Articles of Incorporation and By-Laws,to borrow money for the purpose of improving the Common Area or Licensed Property, or the existing Common Area Improvements, and in aid thereof,to mortgage or 5 111111111111111111111111111 IIIIIIir1I III 111111 III 1111 3310895 08/08/2005 02:33P Weld County, CO 11 of 44 R 221.00 D 0.00 Steve Moreno Clerk& Recorder encumber the Properties, and the rights of such Mortgagee in the Properties shall be subordinate to the rights of the Owners hereunder. 2.02 Delegation of Use. Any Owner may delegate, in accordance with the By-Laws,his right of enjoyment to the Common Area, Licensed Property, and Common Area Improvements to the members of his family, his tenants, invitees, or contract purchasers who reside on the Properties. 2.03 Common Area and Improvements Thereon. Declarant hereby covenants for itself, its successors and assigns, that prior to the expiration or earlier termination of the Declarant Control Period,Declarant shall convey to the Association, for the benefit of all of the Owners, any Common Area and Common Area Improvements, free and clear of all liens and encumbrances, except for taxes for the current and subsequent years, and subject to easements, rights-of-way, covenants, conditions, exceptions and restrictions of record. 2.04 Common Area Use.The Common Area and Common Area Improvements described in Section 2.03 of this Declaration and any licenses obtained by the Association for use of publicly- owned properties are reserved for the common use and enjoyment of the Owners for pedestrian traffic, vehicular traffic, and other such uses common to all the Owners as determined by the Association, pursuant to the covenants, provisions, and restrictions contained herein, or as further defined in the Association By-Laws and any Rules and Regulations promulgated by the Association. ARTICLE III. EASEMENTS 3.01 Maintenance Easement. An easement is hereby granted to the Association, to be exercised by its officers, directors, agents, employees and contractors upon, across, in, over and under the Common Area as may be necessary or appropriate to perform the duties and functions which it is obligated or permitted to perform pursuant to this Declaration, including but not limited to the right to maintain any private streets and drives, fire lane signs within public or private roads or rights-of-way,and to construct and maintain on the Common Area maintenance and storage facilities for the use of the Association.The Association is hereby granted the right to create easements upon, across, in over and under the Common Area for installing, replacing, repairing and maintaining all utilities, including but not limited to water, sewer, gas, telephone, electricity, master television antenna system, cable television, irrigation, storm sewer and drainage, if any; provided that such easements are reasonably necessary for the ongoing development and operation of the Project. 3.02 Emergency Easement. An easement for ingress and egress is hereby granted to all police, sheriff, fire protection, ambulance and other similar emergency agencies or persons to enter upon the Common Area and all Lots in the Project in the performance of their duties. ARTICLE IV. THE ASSOCIATION 4.01 The Association.The administration of the Project shall be governed by this Declaration and the Articles of Incorporation and By-Laws of the Association. 6 1111111111111111 3310895 08/08/2005 02:33P Weld County, CO 12 of 44 R 221.00 D 0.00 Steve Moreno Clerk & Recorder 4.02 Membership. An Owner of a Lot shall automatically become a Member of the Association and shall remain a Member for the period of the Owner's Lot ownership. If title to a Lot is held by more than one person, the membership related to that Lot shall be shared by all such persons in the same proportion of interests and by the same type of tenancy in which the title of the Lot is held. An Owner shall be entitled to one membership for each Lot owned. Each membership shall be appurtenant to the Lot and shall be transferred automatically by conveyance of the Lot. No Member shall be entitled to a preemptive right or option to purchase any Lot. No person or entity other than an Owner may be a Member of the Association, but the rights of membership may be assigned to a Mortgagee as further security for loans secured by a Mortgage of a Lot. 4.03 Voting Rights; Declarant Control. (a) Voting Rights. The Owners shall comprise the only class of membership in the Association. All Owners shall be entitled to one(I)vote for each Lot owned on any matter on which voting by the Owners is permitted or required by this Declaration, the Articles of Incorporation or By-Laws of the Association. When more than one (1) person holds an interest in any Lot, all such persons shall be Members. The vote for such Lot shall be exercised as they among themselves determine in accordance with the By-laws,but in no event shall more than one(1)vote be cast with respect to any Lot. (b) Declarant Control. Declarant shall be entitled, only during the Declarant Control Period, to appoint the members of the Board of Directors of the Association as provided in Section 4.04(b). 4.04 Board of Directors. (a) The Association shall be managed by its Board of Directors. The Board of Directors shall be elected by a vote of the Owners in annual meetings or special meetings of the Association, at which a quorum is present, called for that purpose according to the Articles of Incorporation and By-Laws of the Association. The Board of Directors shall have such powers and duties and shall serve for such terms of office as are set forth in the Articles of incorporation and By- Laws of the Association. (b) Notwithstanding the foregoing voting rights of the Owners, Declarant hereby reserves the right to appoint the Board of Directors of the Association during the Declarant Control Period. Declarant further reserves the right to remove,with or without cause,any Directors appointed by Declarant. (c) Notwithstanding any provision to the contrary in this Declaration, the Owners other than Declarant shall be entitled to remove any member of the Board of Directors, other than any Director appointed by Declarant, by the affirmative vote of sixty-seven percent (67%) of the Owners other than Declarant without the prior written approval of the First Mortgagees. 4.05 Transfer. Except as otherwise expressly stated herein, any of the rights, interests and obligations of the Association set forth or reserved herein may not be transferred or assigned to any 7 111111 Ill 1111111111 IIIII II 11611 111111 3310895 08/08/2005 02:33P Weld County, CO 13 of ba R 221.00 D 0.00 Steve Moreno Clerk & Recorder other person or entity. No such transfer or assignment shall relieve the Association of any of the obligations set forth herein. No such transfer or assignment shall revoke or change any of the rights or obligations of any Owners as set forth herein. 4.06 Powers. The Association shall be granted all of the powers described in C.R.S. ' 38- 33.3-302, including but not limited to all powers necessary to govern, manage, maintain, repair, administer, and regulate the Project and to perform all of the duties required of the Association. Notwithstanding the preceding sentence, unless Owners of sixty-seven percent (67%) of the Lots have given their prior written approval, the Association shall not be empowered or entitled to: (a) By act or omission, seek to abandon or terminate the Project or dissolve the Association; (b) Partition or subdivide any Lot; (c) Annex any additional land into the Project by means of an amendment to this Declaration; (d) By act or omission, seek to abandon,partition or subdivide,the Common Area or any Common Area Improvements thereon; (e) Use hazard insurance proceeds for loss to the Common Area Improvements for other than the repair, replacement, or reconstruction of such Common Area Improvements; (f) Merge or consolidate with another project or association, except for such provisions as may otherwise be provided herein relating to the annexation of additional lands to the Properties; (g) Except as may result from the exercise of the annexation provisions in this Declaration, change the method of determining the obligations, assessments, dues or other charges which may be levied against an Owner; (h) Change the voting rights or the extent of rights and easements of each Owner in and to the Common Area and Common Area Improvements thereon; (i) By act or omission change, waive or abandon any scheme of regulations, or enforcement thereof, pertaining to the architectural design or exterior appearance of Residences,or the maintenance or upkeep of the Common Area; (j) Fail to maintain fire and extended coverage on insurable Common Area Improvements on a current replacement cost basis in an amount not less than one hundred percent (100%) of the insurable value (based on current replacement costs); or (k) Abandon,mortgage,encumber,sell or transfer the Common Area or any Common Area Improvements thereon (provided that the granting of easements for utilities, including cable 8 I111111VIIIVIIIVIIIVII111111VII I'l'IIIIIti!Rorer r 3310895 0810812005 0 14 of 44 R 221.00 0 0.0 Sleve Moreno C e television, or for other public purposes consistent with the intended uses of such Common Area by the Association shall not be deemed a transfer). 4.07 Examination of Books and Records. All Owners, First Mortgagees and insurers or guarantors of a First Mortgage of a Lot in the Project shall, upon request, be entitled to: (a) Inspect the books and records of the Association during normal business hours; (b) Receive a copy of a financial statement of the Association for the preceding fiscal year at no charge; (c) Receive written notice of all meetings of the Association and be permitted to designate a representative to attend all of such meetings; and (d) Receive current copies of this Declaration,By-Laws,Articles of Incorporation and any Rules and Regulations concerning the Project, provided that reasonable copying charges are advanced to the Association by the party requesting copies. If requested by a holder, insurer or guarantor of a First Mortgage in writing, an audited financial statement for the immediately preceding fiscal year will be provided free of charge to the party so requesting, if available. If an audited financial statement is unavailable, then one shall be prepared at the expense of the party so requesting and furnished within a reasonable time following such request. ARTICLE V. CERTAIN RIGHTS AND OBLIGATIONS OF THE ASSOCIATION 5.01 Common Area. (a) The Association, subject to the rights of Owners with respect to their individual Lots, shall be responsible for the exclusive management and control of the Common Area and Common Area Improvements (including furnishings and equipment related thereto), and any open space designated for maintenance by the Association on the Plat, and shall maintain and keep the same in good, clean, attractive and sanitary condition. (b) The Association shall maintain,repair and replace,as a Common Expense,certain perimeter fencing within the Project.The Association shall have an easement over,on,across,under and through the Lots(but excluding the Residences thereon)for the purpose of performing the duties described in this Section. (c) The Association may, upon acceptable license and maintenance agreements with public agencies, utilities, or jurisdictions, assume responsibility for maintaining any sidewalks, fences, landscaping improvements and other improvements within rights-of-way and other properties owned by such public agencies,on property owned by such public agencies,utilities,or jurisdictions, including, but not limited to Weld County, Colorado. The cost of such management operation, maintenance, and repair by the Association shall be borne as provided in ARTICLE VI. 9 11111 11111 1111 1111 Mill III 111111 111 11 3310895 08/08/2005 02:33P Weld County, CO 15 of 44 R 221.00 0 0.00 Steve Moreno Clerk& Recorder (d) Landscaping in the Common Area shall be primarily native plants and grasses of the drought-tolerant variety. The Association shall maintain,repair and replace the landscaping in the Common Area. The cost of such landscaping maintenance, repair and replacement, including irrigation, shall be a Common Expense. To the extent deemed necessary, the Association shall arrange for irrigation of the Common Area by hand or truck from time to time after Declarant has completed the period of irrigation of that landscaping as required pursuant to any agreement between Declarant and Weld County.The Association shall have the right to install an irrigation system in the Common Area to provide for the irrigation of such landscaping. The cost of such irrigation system, and the cost of water supplied for such irrigation, shall be a Common Expense. (e) Any landscaping in the Common Area that is located within the intersection sight triangles at the entrance to the Project must be less than 3.5 feet in height at maturity. 5.02 Emergency Access. Subject to an appropriate easement or license agreement in favor of the Association, the Association shall maintain the emergency access easement (the"Emergency Access") between Lot 7 and Lot 8, as depicted on the Plat, and the continuation of the Emergency Access outside the Project up to the boundary of the Seemore Heights Subdivision.The Association shall have the authority, subject to approval by Weld County, to pave, re-pave, perform road maintenance and snow removal,repairs, and replacement of the Emergency Access on an as-needed basis.The cost of performing such maintenance,repair of the Emergency Access shall be borne as a Common Expense. 5.03 Miscellaneous Services. The Association may obtain and pay for the services of any person or entity to manage its affairs, or any part thereof,to the extent it deems advisable, as well as such other personnel as the Association shall determine to be necessary or desirable for the proper operation of the Project, whether such personnel are furnished or employed directly by the Association or by any person or entity with whom or which it contracts.The Association may obtain and pay for legal and accounting services necessary or desirable in connection with the operation of the Project or the enforcement of this Declaration. The Association may arrange with others to furnish electricity, water, trash collection, snow removal, building and grounds maintenance and other services as appropriate to the Project. During the Declarant Control Period, any contracts or leases entered into shall contain a right of termination, without cause,which is exercisable without penalty at any time after transfer of control,upon not more than thirty(30)days prior written notice to the other party thereto; however, such right of termination need not be present in those contracts and leases wherein the subject matter is an essential service and where long term contracts are required. The cost of such services shall be borne as provided in ARTICLE VI. 5.04 Professional Management. The Association may obtain and pay for services of a professional "Management Contractor" to manage its affairs, or any part thereof, to the extent it deems advisable, whether such services are in lieu of, or supplemental to, the services described under Section 5.02 above. During the Declarant Control Period, any management contracts entered into by the Association with respect to such professional management of the Properties, and any contracts that such professional management shall enter into on behalf of the Association,may not be for a term exceeding one (1) year, and must contain a provision allowing either party to cancel the contract with or without cause, and without a payment of a termination fee or penalty, upon thirty 10 iiiiiiIIIII \ th iiiiiiiioltiiiiiiiiiiiiiiii 3310895 0810812005 16 of 44 R 221.00 D 0.00 Steve Moreno Clerk& Recorder (30)days prior written notice. Further, and in connection with the Association's right to contract for management and personnel,whether on-site or off-site in nature,the Association shall have the right to limit the use of portions of the Common Area for purposes of maintenance and storage facilities, management office facilities,management housing facilities to the extent allowable, and other such purposes as deemed desirable and necessary by the Association for the purposes of management and maintenance of the Properties. The Management Contractor shall be an independent contractor and neither the Management Contractor, nor any of its employees, shall be considered as employees of the Association. 5.05 Maintenance of Individual Lots. The ownership of the Lots, together with Residences and existing Lot Improvements, shall be evidenced by a Deed to such Lot, together with the Improvements thereon. Maintenance, upkeep,and repairs of the Lots and the Improvements thereon, including but not limited to, any perimeter fencing on such Lots not maintained by the Association as provided in the Plat or this Declaration, shall be the sole responsibility of the individual Owners thereof. 5.06 Identity of Board of Directors. From time to time, but not less than annually, the Association shall mail to each Owner a notice containing the names and addresses of the members of the Board of Directors, and the Management Contractor, if there is one. 5.07 Rights of Action. The Association and any Owner shall have an appropriate right of action at law or in equity against any person or other Owner to enjoin the violation of any of the provisions of this Declaration or with decisions of the Association made pursuant to this Declaration and for failure to comply with the provisions of this Declaration or with decisions of the Association made pursuant to this Declaration; and any Owner shall have similar rights of action against the Association. Any remedies granted to the Association in this Declaration shall be in addition to any remedies otherwise available to it at law or in equity. ARTICLE VI. ASSESSMENTS 6.01 Obligation. All Owners (including Declarant) shall be obligated to pay the estimated assessments imposed by the Board of Directors to meet the Common Expenses of maintenance, operation and management of the Property,the Association,and the various functions and duties of the Association. The Board may establish any reasonable system for collection periodically of Common Expenses, in advance or arrears as deemed desirable. Initially, the assessment for the estimated Common Expenses on an annual basis shall be payable monthly in advance on the first day of each month or at such other interval as may be established by the Board of Directors. In the event a Lot is sold to a non-Declarant purchaser during the year,the annual assessment shall be prorated to the closing date and paid at closing, together with the working capital deposit required by Section 6.12 hereof. Assessments made shall be based upon the estimated cash requirements as the Board shall from time to time determine to be paid by all of the Owners. Estimated expenses shall include the cost of maintenance and operation of the Common Area, Common Area Improvements, cost of maintenance of the publicly-owned properties subject to a license and maintenance agreement as described in Section 5.01,expenses of management,taxes and special assessments,unless separately assessed, insurance premiums for insurance coverage as required herein or as deemed desirable or 11 \11111 IHIBill HHH��UUU�I Ul Idiot Ili 11110 i�111�� 3310895 17 of 44 R 221.00 D 0.00 Steve Moreno Clerk& Recorder necessary by the Board,landscaping,trash removal(if provided by the Association),care of grounds, wages,legal and accounting fees,management fees,expenses and liabilities incurred by the Board or Management Contractor under or by reason of this Declaration, payment of any deficit remaining from a previous assessment period, the creation of a reasonable contingency or other reserve or surplus fund for the maintenance or replacement of those Common Area Improvements which must be maintained or replaced on a periodic basis as well as other costs and expenses relating to the Common Area, Licensed Property, and the purposes and responsibilities of the Association. The omission or failure of the Board to fix the assessments for any assessment period shall not be deemed a waiver, modification, or release of the Owners from their obligation to pay the same. The Board shall have the right,but not the obligation,to make pro-rata refunds of any assessments in excess of the actual expenses incurred after the end of the fiscal year. 6.02 Board Establishes Assessment. (a) Prior to the Association leving any assessments, the Board shall establish the maximum annual Common Expense assessment for the Association. (b) Each year the Board shall establish the annual Common Expense assessment based on a budget determined in accordance with Section 6.06. (c) During the Declarant Control Period, the maximum annual Common Expense assessment may be increased each year by an amount of not more than ten percent (10%) over the preceding year. (d) After the Declarant Control Period, the maximum annual Common Expense assessment may be increased each year by an amount of ten percent(10%) or less without a vote of the Owners. The maximum annual Common Expense assessment may be increased by an amount greater than ten percent (10%) by a vote of the Owners of at least sixty-seven percent(67%) of the Lots in the Project. (e) The Board of Directors may fix the annual Common Expense assessment at an amount not in excess of the maximum. 6.03 Rate of Assessment. (a) Subject to the provisions of this Section,the assessment for each Lot shall be the amount of estimated expenses determined by the Board under Section 6.01 or Section 6.05,divided by the total number of Lots in the Project at the time of such assessment. The rate of assessment for any Lots shall be uniform at the following rates: (i) Upon occupancy for residential purposes,each Lot shall be assessed at 100% of the rate established by the Board of Directors; and (ii) Prior to occupancy for residential purposes,each Lot shall be assessed at a rate of 25% of the rate established by the Board of Directors. 12 �IIIIIIiiiIIIIIIiiiull I IIIIII MUM VIII VIII IIweld ounty, CO 3310895 08/08/2005 •18 of 44 R 221.00 0.00 Steve Moreno Clerk& Recorder 0 (b) Annual and any special assessments may be collected on an annual or more frequent basis, as determined from time to time by the Board of Directors. 6.04 Time For Payment of Assessments. Assessments shall be due and payable on the date specified in the written notice specifying the amount of the assessment and the number, amount and due date of any installments thereof. The Association shall mail such notice to each Owner at his registered address at least annually with respect to Common Expense assessments and at least thirty (30) days before the due date of any special assessment. Each assessment shall bear interest at the rate of twenty-one percent(21%) per annum from the date it becomes due and payable if not paid within fifteen (15) days after such date, and there shall be a Twenty Dollar($20.00) late charge for each installment of assessment payment that is delinquent. Failure of the Association to give timely notice of any assessment as provided herein shall not affect the liability of the Owner of any Lot for such assessment,but the date when payment shall become due in such case shall be deferred to a date fifteen(15)days after the due date indicated in the properly sent notice.The Association may elect to have the annual Common Expense assessments paid monthly, or on such periodic basis deemed desirable by the Association; a default in the payment of any installment of the annual assessment shall additionally give the Association the right to accelerate the remaining amount of annual assessment as immediately due and payable, as further referenced hereinafter. 6.05 Special Assessments For Capital Improvements. In addition to the annual Common Expense assessments authorized by this Article, the Board of Directors may levy in any assessment year a special assessment payable over such a period as the Association may determine, for the purpose of defraying, in whole or in part,the cost of any construction or reconstruction,unexpected repair or replacement of the Project or any part thereof, or for any other expense or purchase incurred or to be incurred as provided in this Declaration. This Section shall not be construed as an independent source of authority for the Association to incur expense, but shall be construed to prescribe the manner of assessing the expense authorized by other Sections hereof which shall make specific references to this Article or as set forth in the preceding sentence. Any amounts assessed pursuant hereto shall be assessed to the Owners at a uniform rate.Notice in writing of the amount of such special assessments and the time for payment thereof shall be given promptly to the Owners and no payment shall be due less than thirty (30) days after such notice shall have been mailed to the registered mailing address of the respective Owner. A special assessment shall bear interest at the rate of twenty-one percent (21%) per annum from the date it becomes due and payable, if not paid within thirty(30)days after such date, and there shall be a reasonable late charge as set by the Board of Directors. 6.06 Budget. At least sixty(60) days prior to levying any annual or special assessment, the Board of Directors shall adopt a budget of the estimated cash requirements for that assessment. Within thirty(30)days after the budget is adopted,the Secretary of the Association(on behalf of the Board of Directors) shall cause to be delivered to each Owner at his or its registered address, by regular United States mail, first-class postage prepaid,the following: (i)a summary of the proposed budget, and(ii) a statement of the amount of the assessment per Lot and the number and amount of any installments thereof. 13 IIIIIIII VIII VIII VIII e�lllll Loer IIIIIII110 R IL pp 7:201.303: Steve Moreno Clerk 19 at 44 6.07 Assessment Lien. (a) All sums assessed but unpaid for the share of Common Expenses or special assessments chargeable to any Lot,including any fees,late charges,fines,interest,costs or attorneys' fees, shall constitute a lien on such Lot superior to all other liens and encumbrances except (a) tax and special assessment liens on the Lot in favor of a taxing authority and (b) all sums unpaid on a First Mortgage of record, including all unpaid obligatory sums as may be provided by such encumbrance.Notwithstanding anything in the preceding sentence,the lien provided by this Article VI shall be prior and superior to a First Mortgage with respect to annual assessments for Common Expenses in an amount equal to the Common Expense assessment based on a periodic budget adopted by the Association under Section 6.06 which would have become due,in the absence of any acceleration,during the six(6)months immediately preceding institution by either the Association or any party holding a lien senior to any part of the Association lien of an action or a nonjudicial foreclosure either to enforce or to extinguish the lien. To evidence the lien as herein permitted, the Board of Directors may but shall not be required to prepare a written notice setting forth the amount of such unpaid indebtedness, the amount of accrued penalty thereon, the name of the Owner, and a description of the Lot and record the same in the records of the Office of the Clerk and Recorder of Weld County, Colorado. Such lien for assessment shall attach from the due date of the assessment. The lien may be enforced by foreclosure of the defaulting Owner's Lot by the Association in the manner for foreclosing a mortgage on real property. In the event of any such foreclosure,the Owner shall be liable for the amount of unpaid assessments,any interest and penalties thereon,the costs and expense of the foreclosure proceedings,the costs and expense for filing the notice of the lien,and all reasonable attorneys' fees in connection therewith. (b) The Association shall have the power to bid on a Lot at foreclosure sale and to acquire and hold, lease,mortgage and convey the same. Any Mortgagee holding a Mortgage on a Lot may pay any unpaid assessment payable with respect to such Lot and any and all costs and expenses with respect thereto,and the lien on such Lot for the amounts paid shall have the same priority as the lien of the Mortgage. Except as otherwise provided in Paragraph 6.07(a) above, the lien for assessments referred to herein shall be at all times subordinate to the lien of any First Mortgage held by a First Mortgagee. By accepting a deed to a Lot,each Owner shall thereby waive and release any and all rights and claims that Owner may have in and to the Lot as a homestead exemption or any other exemption. 6.08 Personal Obligation. The amount of any assessment chargeable against any Lot shall be a personal and individual debt of the Owner thereof.No owner may become exempt from liability for the assessment by abandonment or waiver of the use or enjoyment of any of the Common Area or Common Area Improvements. The Association may bring suit to recover a money judgment for unpaid Common Expenses plus interest, costs and expenses, including attorney's fees, without foreclosing or waiving the assessment lien provided herein. 6.09 Notice to First Mortgagee. If requested in writing, the Association shall report to the First Mortgagee of a Lot any default hereunder or unpaid assessments remaining in default or unpaid or uncured for longer than sixty (60) days. 14 11111 11111 11111 111111111111 III 1111111 11 1111 3310895 08/08/2005 02:33P Weld County, CO 20 of 44 R 221.00 D 0.00 Steve Moreno Clerk& Recorder 6.10 Statement of Status of Assessment Payment. Upon payment of a reasonable fee of not less than Twenty-Five Dollars($25.00)(except for First Mortgagees who shall be exempt from such fee) and upon the written request of any Owner, Mortgagee or any designee of an Owner or Mortgagee,delivered to the Association by certified mail, first-class postage prepaid,return receipt requested, the Association shall issue a written statement setting forth the amount of the unpaid assessments, if any, with respect to such Lots, which shall be delivered to the inquiring party by certified mail, first-class postage prepaid, return receipt requested to the inquiring party at his or its address set forth in such request. Unless such request shall be complied with within fourteen (14) days after receipt of that request by the Association, and if the request was properly addressed and sent by certified mail, first-class postage prepaid, return receipt requested, then all unpaid assessments which became due prior to the date of making such request shall be subordinate to the lien of a Mortgagee which acquired its interest subsequent to requesting such statement. If the request is made by a prospective purchaser,the lien for the unpaid assessment shall be released auto- matically if the statement is not furnished within the fourteen-day period herein;provided thereafter, that an additional written request is made by such purchaser, and the submission of the additional request is properly addressed and evidenced by a certified mail receipt and the request is not complied with within ten (10) days and the purchaser subsequently acquires the Lot. 6.11 Personal Liability of Purchaser For Assessments. A purchaser of a Lot shall not be personally liable for unpaid assessments against the Lot up to the time of conveyance to that purchaser. 6.12 Working Capital and Assessment Reserves. (a) Each Owner originally purchasing a Lot from Declarant shall be required to deposit and maintain continuously with the Association an amount equal to three(3)months of the amount of the first annual Common Expense assessment, such reserve amount to be held without interest accruing to the Owner, which sum shall be used by the Association or Management Contractor as a working capital fund. This amount may be recovered by a seller from a purchaser at the time of resale. After the expiration of the Declarant Control Period, in the event the Board decides there is and will be sufficient working capital without this fund, and the reserve for repair and replacement of the Common Area is equal to or greater than the amount of the working capital fund, then this amount may be returned to each current Owner. Such advance payment shall not relieve an Owner from making the regular monthly installment payment of the annual Common Expense assessment as the same becomes due, and the Association shall not be required to deduct from such advance payment sums due for common assessments by an Owner prior to instituting any proceedings against the Owner for delinquent common assessments. (b) The Association shall establish an adequate reserve fund for the maintenance, repair and replacement of the Common Area and Common Area Improvements maintained by the Association.This reserve fund shall be maintained through regular installments of Common Expense assessments. 6.13 First Mortgagee--Foreclosure--Liability for Unpaid Assessments. Each First Mortgagee of a Lot within the Project who obtains title to the Lot pursuant to the remedies provided in the 15 i 111111 11111 11111 HI iiiii III i iii iii 3310895 08/08/2005 02:33P Weld County, CO 21 of 44 R 221.00 D 0.00 Steve Moreno Clerk& Recorder Mortgage or foreclosure of the Mortgage,or any purchaser at a foreclosure sale,will take the Lot free of any claims for unpaid assessments and charges against the Lot which accrue prior to six (6) months before the time such First Mortgagee or purchaser at a foreclosure sale obtains title to the Lot, but shall not relieve the First Mortgagee or purchaser from liability for, or lien from, any assessments made thereafter. Any unpaid assessment,which was rendered uncollectible by the effect of this Section, may be reallocated and assessed to all Lots as a Common Expense. 6.14 Association's Right of Acceleration Upon Default. In addition to the other remedies provided for the Association upon the default of an Owner in the payment of an annual assessment, special assessment, or any installment thereof, and in the event an Owner shall default in the payment of any installment of an annual or special assessment, then the Association shall have the right to declare immediately due and owing the total amount of such annual or special assessment as remains outstanding at the time of such installment default.This right of acceleration in the event of default in the payment of any installment of assessments shall apply whether the Association pursues the obligation personally against the Owner or through foreclosure of the Owner's Lot, as provided above. ARTICLE VII. RESTRICTIVE COVENANTS AND OBLIGATIONS 7.01 Residential. The Lots are hereby restricted to residential use and uses related to the convenience and enjoyment of such residential use.No Buildings or structures shall be moved from other locations onto the Lots or Common Area; no Common Area or Lot Improvements other than those originally planned or installed by Declarant shall be erected or constructed on the Common Area or upon any Lot unless approved by the Architectural Review Committee or its designated representative. No barn or other out-building shall be used or permitted to be kept or stored on any portion of a Lot, either temporarily or permanently, unless approved by the Architectural Review Committee. Any such buildings shall be located within the applicable setbacks and shall be constructed of the same materials and have the same exterior color as the Residence, and shall be subject to approval by the Architectural Review Committee. 7.02 Sales and Construction Facilities of Declarant.Notwithstanding any provision in Section 7.01, Declarant, any Participating Builders, and their agents, employees and contractors shall be permitted to maintain during the period of construction and sale of the Buildings in the Project upon such portion of the Property as Declarant may choose, such facilities as in the sole opinion of the Declarant may be reasonably required,convenient,or incidental to the construction, sale or rental of Lots and Residences including, but not limited to, construction and storage areas, construction trailers, model homes and business and sales offices located in any Lots in the Project, lighting, and temporary parking facilities for all employees of Declarant, provided, however, that the limit on Declarant's right to use the Property for sales purposes shall not limit its right to use the property for construction or development purposes;provided further that these rights shall terminate no later than ten(10)years after the effective date of this Declaration,and provided further,that such use shall not interfere in any way with the right of ingress or egress to any privately owned Residence and the use and enjoyment thereof as a private Residence, nor the rights of ingress or egress to the Common Area and Improvements thereon, nor the use thereof for recreation or other proper purposes by the Owners and the Members, agents and Officers of the Association. 16 I 11111111111111111111! 11111 I l l l l hrl l l III 1111111111111 3310895 08/08/2005 02:33P Weld County, CO 22 of 44 R 221.00 D 0.00 Steve Moreno Clerk& Recorder 7.03 Compliance With Law. No improper or unlawful use shall be permitted or made of the Properties or any part thereof.All valid laws,ordinances,and regulations of all governmental bodies having jurisdiction over the Project shall be observed. 7.04 Rules and Regulations. Rules and Regulations may be adopted by the Board of Directors, provided such Rules and Regulations shall be furnished to Owners prior to the time they are adopted and that Owners be notified as provided in the By-Laws of the Association that the Board of Directors will consider adoption of the Rules and Regulations so that Owners will have an opportunity to be heard or furnish input regarding the adoption and so that such Rules and Regulations shall be uniform and nondiscriminatory. After adoption, a copy of such Rules and Regulations shall be provided to all Owners.The Association may also adopt a fine system to impose monetary penalties for such infractions, or take judicial action against any Owner to enforce compliance with such Rules, Regulations, or other obligations, including injunctive relief or to obtain damages for noncompliance, all to the extent permitted by law. The Board of Directors may adopt and publish a fine schedule which shall list fines which shall be imposed for violations of this Declaration, the Association By-Laws, Articles of Incorporation, and any Rules and Regulations. 7.05 No Other Business. Lots shall be used for residential purposes only, including uses which are customarily incident thereto and shall not be used at any time for business,commercial or professional purposes; provided, however, that an Owner shall be entitled to conduct business activities from within his Lot, subject to the following restrictions: (i) the business activity shall be conducted entirely from within the Lot; (ii) the business activity shall not include the commercial manufacture, creation, exchange, storage or sale of chattels, goods, wares or merchandise; (iii) the existence or operation of the business activity is not apparent or observable from outside the Lot;(iv) the business activity conforms to all zoning requirements for the Project; (v) the business activity does not involve regular visits to the Lot by customers,patients, clients, suppliers or other business invitees or door-to-door solicitation of residents of the Project; and (vi) the business activity is consistent with the residential character of the Project and does not constitute a nuisance, a hazardous or offensive use, or a threat to the safety or security of the other residents of the Project. The term"business", as used in this Section,shall have its ordinarily and generally accepted meaning and shall include, without limitation, any occupation, work or activity undertaken on an ongoing basis which involves the provision of goods or services to persons other than the provider's family and for which the provider receives a fee, compensation or other form of consideration,regardless of whether such activity is engaged in full or part time, such activity is intended to or does generate a profit or fee or a license is required.No other business activity of any kind shall be conducted in any Lot or on the Project, except that permitted by the Association or otherwise provided herein. 7.06 Setbacks and Dimensions. (a) No portion of any Residence, garage, barn, or other building shall be located outside any applicable setback described in any Plat or other document approved by Weld County. (b) Minimum square footage is square feet for ranch-style Residences and square feet for multi-level Residences. 17 1101 HEIDE 1111111111 iiiIII IIIIII II31111111111 3310895 08/08/2005 02:33P Weld County, CO 23 of 44 R 221.00 D 0.00 Steve Moreno Clerk& Recorder 7.07 Miscellaneous Use Restrictions (a) Wildlife. The Colorado Division of Wildlife advises as follows: The area in which the Project is located provides winter range for bald eagles, foraging areas for ducks and geese, and is within the overall range for pheasant, mule deer and white-tailed deer. Coyote, fox, raccoon, skunk, songbirds, other raptors and herptofauna may also occur in the area. Noxious weeds should be monitored and controlled in the Project. Each Owner should be aware that planting trees, shrubs and other herbaceous plants may attract wildlife, and that wildlife may damage ornamental landscaping.The Colorado Division of Wildlife will not be responsible for any damages incurred as a result of wildlife. Owners should also be aware of the presence of native predators. Pets should not be allowed to roam free. Any domesticated livestock or farm animals permitted in the Project(subject to the other provisions of this Declaration) should be secured with wildlife-proof fencing appropriate for the species being raised.Pets may negatively interact with wildlife even on Lots and the Owners will be responsible for these types of problems. Owners should secure pet and animal feeds, trash containers and barbecue,rills. Owners should keep pets' vaccinations current.All control of wildlife will be the Owners' responsibility, with the possible exception of bears and mountain lions. Owners should also be aware that hunting may be an ongoing fall and winter activity on lands surrounding the Project. Shooting will typically occur in the early morning until dark in these areas. Owners should be aware that the sound of gunfire, although distracting or even disturbing, is permitted on neighboring properties and is to be expected during hunting seasons. (b) Septic Systems. Each Lot shall be served by an individual sewage disposal system, which shall include a primary and secondary septic absorption field site. In addition to any other regulations,prior to construction of a Residence,the Owner will obtain a design for the septic system by a licensed professional engineer. That design shall establish the location of the primary and secondary septic absorption field site(collectively,the`'Leach Field")for the Lot. There shall be no permanent landscaping, structures, dirt mounds or other Improvements in the Leach Field of each Lot. (c) Fences and Walls.No fences,hedges or walls shall be erected or maintained upon the Lots, except such as are installed by Declarant as part of the development of the Project or approved by the Architectural Review Committee. No perimeter Lot fencing shall be permitted, except as approved by the Architectural Review Committee. (d) Antennas. Except those specifically permitted by the Telecommunications Act of 1996,no exterior radio or television antenna,aerial, satellite dish,or other type of radio or television receiving system shall be erected or maintained without the prior written approval of the Architectural Review Committee. 18 1 111111 1111 11111 Et 111 11111 11111 111 111111111 111 3310895 08/08/2005 02:33P Weld County, CO 24 of 44 R 221.00 D 0.00 Steve Moreno Clerk & Recorder (e) Repair of Buildings. No Improvement upon any Lot shall be permitted to fall into disrepair, and each such Improvement shall at all times be kept in good condition and repair and adequately painted or otherwise finished by the Owner before the surfacing becomes weather-beaten or worn off. Any stain or paint shall be approved by the Architectural Review Committee. Materials which are customarily left unfinished are permitted so long as in the opinion of the Architectural Review Committee they have not become unsightly. (t) Reconstruction of Buildings. Any improvement which may be destroyed in whole or in part by fire, hail, windstorm or any other cause or act of God, shall be rebuilt or all debris removed so as not to render any such property or any portion thereof, in the opinion of the Architectural Review Committee, unsanitary, unsightly, offensive or detrimental to any other property or to its occupants. (g) Nuisances.No noise or other nuisance shall be permitted to exist or operate upon any Lot so as to be, in the opinion of the Architectural Review Committee,offensive or detrimental to any other property or its occupants. Without limiting the generality of any of the foregoing provisions, no exterior lights, speakers, horns, whistles, bells or other sound devices (other than security devices used exclusively for security purposes) shall be located, used or placed on any Lot without the prior written approval of the Committee.No rubbish or debris of any kind shall be placed or permitted to accumulate upon any Lot and no odors shall be permitted to arise therefrom so as to render any such property or any portion thereof, in the opinion of the Architectural Review Committee, unsanitary, unsightly, offensive or detrimental to any other property or to its occupants (h) Unsightly Articles. No unsightly article shall be permitted to remain on any Lot so as to be visible from adjoining property or public or private thoroughfares. Without limiting the generality of the foregoing, trailers, mobile homes, recreation vehicles, graders, trucks (other than pickups used solely for the private and non-business use of the residents of a Residence), boats, tractors, campers,wagons,buses,sleighs,motorcycles,motor scooters,snowmobiles,snow removal equipment, garden and maintenance equipment, and all commercial and business vehicles shall be kept at all times, except when in actual use, in an approved garage, out-building or in a storage facility located off the Project. No equipment, tools, lumber, grass, plant waste, shrub or tree clippings, metals, building materials or scrap shall be kept, stored or allowed to accumulate on any property. No lawn or yard art shall be allowed on the Property or on any Lot without prior approval of the Architectural Review Committee. The Association shall have the right to enter upon any Lot in order to remove any vehicle or other unsightly article located upon any Lot in violation of this Section and store the vehicle or article in a storage facility off the Project site.Any costs or expenses incurred by the Association shall be borne by the Owner as provided in Section 7.08. Except for short-term use by guests or invitees of the Owner,no more than six(6)vehicles shall be kept on any Lot without the prior written approval of the Committee.The Owner shall be entitled to park one(1) passenger car, pickup truck or utility vehicle outside an attached garage on the Owner's Lot on an occasional basis for a period which shall not exceed twenty-four (24) consecutive hours. Without limiting the generality of the foregoing: (i) No commercial-type vehicles, other than pickup trucks not in excess of three-quarter(3/4) ton as defined by the Colorado Motor Vehicle Department which are solely for 19 111111111111111111111111111 1111111111111 3310895 08/08/2005 02:33P Weld County, CO 25 of 44 R 221.00 0 0.00 Steve Moreno Clerk& Recorder personal use,shall be allowed on the Common Area,any Lot,or any street or driveway in the Project except while engaged in transport to and from any Building or Lot. For purposes of applying this provision, any vehicle having any advertising material affixed to its exterior shall be deemed a "commercial-type" vehicle. (ii) All vehicles stored or parked on any portion of the Project for any period of time must be properly licensed by the State of Colorado, except those vehicles belonging to visitors or guests of an Owner. (iii) No recreational vehicles may be parked or stored outside on any portion of the Project at any time, except in a Building or enclosure approved by the Architectural Review Committee,or during transport to or from a Building or Lot,or for purposes of loading or unloading, for a period not to exceed twenty-four (24) hours. Notwithstanding the preceding sentence, upon prior written approval of the Committee,a recreational vehicle owned by an Owner's visitor or guest may be parked outside on the Owner's Lot or an adjacent street or drive for a period not to exceed seventy-two (72) hours, or upon prior written approval of the Committee, for a period of up to fourteen (14) days in a driveway located on a Lot. (iv) No trailers of any kind shall be allowed on any portion of the Project, except while directly engaged in transport to or from a Building or Lot. (v) No abandoned or inoperative vehicles of any kind shall be parked or stored on any portion of the Project, except in an approved garage or out-building. An "abandoned or inoperative vehicle" shall be defined as any vehicle which is not currently licensed or has not been driven under its own propulsion for a period of three(3)days or longer;provided,however,that this definition will not include vehicles properly parked by Owners while on vacation or traveling. The Association may cause a written notice describing the "abandoned or inoperative vehicle" and requesting removal thereof to be served on the Owner in possession of the vehicle or Lot on which the vehicle is located, or posted on the vehicle itself. If the vehicle shall not have been removed within twenty-four(24) hours after service or posting of that notice, the Association shall have the right to enter the Lot, if necessary, and to remove the vehicle from the Project and store the vehicle off-site without any liability to the Association. Any costs and expenses, including reasonable attorney's fees, incurred by the Association, in connection with service or posting of any notice, or removal, transportation and storage of any"abandoned or inoperative vehicle" under this Section shall be borne by the Owner as provided in Section 7.08. (i) Storage.No Lot shall be used as storage or work space for rebuilding any motor or other vehicles described in Paragraph 7.07(h), unless such repair or rebuilding is performed entirely within an approved garage with the door kept closed at all times(except under such circumstances in which a closed door would create a health or safety hazard); provided, however, that no vehicle under repair shall be permitted to become an unsightly article or nuisance. No Lot shall be used for the storage of explosives, gasoline or other volatile, inflammatory or incendiary materials or devices. Gasoline, oil, propane or other fuel used in the operation of a snow blower, lawnmower, barbecue grill or the like may be kept within an attached garage if stored in a safe manner in a container designed for the purpose of storing such materials, and which will prevent accidental spills and fires. • 20 1111111 11111 11111 11111 11111 11111 III 1111111 111111 3310895 08/08/2005 02:33P Weld County, CO 26 of 44 R 221.00 D 0.00 Steve Moreno Clerk & Recorder The Owner shall be solely responsible for maintaining any fuel or other volatile substances in compliance with all applicable laws,any Rules and Regulations imposed by the Association and any requirements imposed by any underwriter of any insurance policy maintained by the Association. (j) Signs and Flags. No sign or flag of any kind shall be displayed to the public view on any Lot;provided,however,that signs and United States or Colorado flags of reasonable size not to exceed 20 square feet may be displayed on or from a Residence. Any such signs shall be solely for advertising the Residence for sale or lease or indicating that the residence has been "sold" for a period of two weeks after closing. Signs and flags used for sale, administration and directional purposes by Declarant during development of the Project will be permitted without the consent of any Owner or First Mortgagee. (k) Residential Use Only. No Lot and no Residence on any Lot shall be used for any purpose other than for residential purposes and uses ancillary to residential purposes. However, nothing in this Declaration shall prevent the lease of a Lot by the Owner thereof for residential purposes;provided that such lease shall be in writing and for a minimum term of six(6)months. No commune, co-operative or similar type living arrangement shall be permitted on any Lot. (1) Hazardous Activities. No activities shall be conducted on any Lot,Common Area or Licensed Property and no Improvements constructed on any Lot, Common Area, or Licensed Property which are or might be unsafe or hazardous to any person or property. Without limiting the generality of the foregoing, no firearms shall be discharged upon any Lot and no open fires shall be lighted or permitted on any Lot, except in a contained barbecue unit while attended and in use for cooking purposes or within a safe and well-designed interior fireplace. (m) Garage Sales. No garage, patio, porch or lawn sale shall be held on any Lot, except that the Owner of any Lot may conduct such sale if the items sold are only his own furniture and furnishings, not acquired for purposes of resale; if such sale is held at such time and in such manner as not to disturb any other resident of the area; and if such sale is held in full compliance with all applicable governmental ordinances, statutes,resolutions,rules and regulations,on an infre- quent, occasional basis. (n) New Construction. All Residences shall be of new construction and no existing Residence shall be moved onto any Lot. No other building(including but not limited to playhouses and storage sheds)may be moved onto a Lot without the prior written approval of the Architectural Review Committee and without compliance with the restrictions set forth in this ARTICLE VII. (o) Sprinkler Systems. Each Residence shall include a residential fire sprinkler system approved by the building department having jurisdiction over the Project. The residential fire sprinkler system shall be designed and installed as part of the original construction of the Residence, and any subsequent modification of the Residence which involves the enlargement of the Residence or the creation of additional finished living space within the Residence. 21 I 11111111111111111111111111111111Illlh,11 1111111II IIII 3310895 08/08/2005 02:33P Weld County, CO 27 of 44 R 221.00 0 0.00 Steve Moreno Clerk & Recorder (p) Storage of Building Materials. No building materials shall be stored on any Lot except temporarily during continuous construction of an Improvement or its approved alteration or improvement. (q) Temporary Structures. No trailer,mobile home, tent or shack or other temporary building, improvement or structure shall be placed upon any property, except that temporary structures necessary for storage of tools and equipment and for office space for architects, builders and foremen during actual construction may be maintained by Declarant or Participating Builders,or by an Owner with the prior approval of Architectural Review Committee, such approval to include the nature, size and location of such structure. (r) Basketball Hoops.Permanently affixed or installed basketball hoops shall only be allowed if the backboard is affixed to the attached garage of the Residence and painted the same color as the Residence; or as otherwise approved by the Architectural Review Committee. (s) Landscaping. (i) Subject to the provisions of Paragraph (b) of this Section (restricting landscaping in the septic absorption field), all portions of a Lot not improved with the Residence, driveway, walkways, patios or decks (referred to as the unimproved area of a Lot) shall be landscaped by the Owner thereof;provided,however,that this obligation shall not apply to any Lots owned by Declarant or a Participating Builder and held for sale, except in cases where Declarant or Participating Builder rents the Residence for residential occupancy, in which event Declarant and Participating Builder shall have the obligation to install landscaping in accordance with this paragraph. All landscaping shall be installed in accordance with landscaping plans submitted to and approved by the Architectural Review Committee which shall be drawn to scale and shall set forth the location of landscaping, type of landscape materials, and be in accord with the requirements of this paragraph and other provisions of this Declaration. At a minimum, landscape plans must show coordination with adjacent Lots and property for landscaping and drainage. No landscaping may impede designed and/or established drainage ways. No permanent landscaping shall be installed in any Leach Field. (ii) No landscape plan shall be approved if it permits or requires more than 12,000 square feet of irrigated turf without specific Architectural Review Committee approval of such additional amount of irrigated turf. (iii) All Lots shall be landscaped within six(6)months after the issuance of a Certificate of Occupancy for the Residence or six (6)months after the conveyance of the Lot to the Owner other than Declarant or a Participating Builder, whichever shall be later. (iv) The landscaping of each Lot having once been installed shall be maintained in a neat, attractive, sightly and well-kept condition, which shall include keeping lawns mowed, hedges, shrubs, and trees pruned and trimmed, appropriate irrigation,replacement of dead, diseased or unsightly materials, and removal of weeds and debris. 77 I 111111 11111 11111 1111111111 111111 llhllIII 1111111 11 1111 3310895 08/08/2005 02:33P Weld County, CO 28 of 44 R 221.00 D 0.00 Steve Moreno Clerk& Recorder (v) Notwithstanding any contrary provision in this Declaration, the Association and any Owner shall have the right to enforce the provisions of any landscape plan, including the maintenance of the Lot according to such plan,in the manner provided in Section 5.07. (t) Vegetable Garden. Vegetable gardens are prohibited except in screened back yard areas, and only then when part of an approved landscape plan. (u) Livestock, Poultry, and Pets. No animals or pets other than domesticated dogs, cats, and other common household pets shall be allowed on the Property. Raising or keeping livestock such as horses, cows, sheep, goats, poultry, pigs, swine and the like is prohibited. Household pets may be kept on any Lot, provided that they are not kept,bred or maintained for any commercial purpose. All common household pets shall be allowed upon any Lot subject to any applicable ordinances imposed by any governmental entity having jurisdiction over the Project. All household pets shall be controlled by their owners at all times, and shall not be allowed off their Owner's Lot except when properly leashed and accompanied by the pet owner or his representative. Each Owner of a Lot shall be financially responsible for any damage caused by a household pet kept on the Owner's Lot. The Association shall have the right to repair any damage caused by any such household pet, and the cost of any repairs shall be borne by the Owner as provided in Section 7.08. (i) Roofing. All roofs shall be specifically approved by the Architectural Review Committee.Any exposed rooftop mechanical or ventilating equipment,flashing,sheet metal, vent stacks or pipes and all other non-structural projections from the surface of the roof shall be finished in a compatible or neutral color compatible with the underlying roof material. (v) Colors.All exterior painting or staining shall be of colors specifically approved by the Architectural Review Committee. (w) Decks and Patios.Decks and patios,including trellises,arbors,and other exterior structures, shall be compatible with the architectural style, materials and colors of the Residence. (x) Awnings. Metal and plastic awnings are prohibited. Canvas awnings must be of a color compatible with the base color of the Residence. No awning may be installed without the prior approval of the Architectural Review Committee. (y) Windows. Windows shall be specifically approved by the Architectural Review Committee. (z) Window Coverings. Window coverings visible from the exterior shall be compatible with the architectural character of the residence. Reflective shades and reflective film- type window coverings are specifically prohibited. (aa) Solar Panels.Any solar panels and related appurtenances and equipment,whether included in the original construction or added at a later date,shall be designed and constructed so as to appear as an integrated part of the building architecture.This shall generally mean that the panels shall be roof mounted so that the top surface is flush with the roof surface, with all appurtenances 23 1 IIIIII 11111 11111 Emit! thin III 1111111111111 3310895 08/08/2005 02:33P Weld County, CO 29 of 44 R 221.00 D 0.00 Steve Moreno Clerk& Recorder recessed into the structure's attic. When solar orientation prohibits this approach, the roof shall be altered so that the panels appear to be"built-in", i.e.,shall not be visible. If panels are ground or wall mounted, they shall be integrated into the structure using compatible materials so that the panels appear as a natural extension of the house. (bb) Garages.Residences within the Project shall have garages with the capacity for at least two (2) cars. No garages (or combination of garages or covered parking areas) shall have the capacity for more than six(6)cars,unless approved by the Architectural Review Committee.It shall not be a violation of this Declaration to park a motor home in an approved garage. (cc) Swimming Pools/Hot Tubs. Any swimming pools, spas,hot tubs,jacuzzis, and the like shall be screened from view of adjacent Lots and rights of way, by screening materials and methods approved by the Architectural Review Committee. (dd) Mechanical Equipment/Utilities.All utilities shall be installed underground.On- grade utility appurtenances, such as electrical transformers, utility meters, etc., shall be screened using approved means. Mechanical equipment, such as air conditioners, heating equipment, etc., shall be installed as an integral part of the architecture whenever possible. (ce) Dog Houses/Runs. Dog houses, shelters, and runs require Architectural Review Committee approval prior to construction or installation. Chain link enclosures are prohibited. All dog fencing shall be approved by the Architectural Review Committee. (ft) Exterior Lighting. Exterior lighting shall be complementary to the architectural design of the Residence in size, style and color. All exterior lighting, including security lights,must be directed downward and the lighting"cone"shall be kept within the boundaries of the Lots and not be allowed to spill onto adjacent properties. Exterior lighting shall not be directed in such a manner as to create an annoyance to adjoining properties. Walkway or path light fixtures must be directed toward the ground and shall not exceed 24" in height. High wattage area lighting("yard lights") are prohibited. Illumination of roofs or features on roofs is prohibited. (gg) Play Equipment. Play equipment shall require the approval of the Architectural Review Committee prior to installation. Play equipment shall be of an appropriate scale and approved materials and color. (hh) Driveways. Any modification to a driveway shall require the approval of the Architectural Review Committee prior to construction or installation. (ii) Retaining Walls. Any retaining walls shall require approval of the Architectural Review Committee prior to construction or installation. Retaining walls shall be constructed of stone, split face block or brick in a color compatible with the color of the Residence. No wood retaining walls shall be allowed in any front yard in the Project. Retaining walls that divert water onto other properties or otherwise substantially alter existing drainage patterns are prohibited. 24 1iiiiii1111iIIIItII itilliiiiiim iiiiiiiiiiiiiiiii 3315 30 of 44 R 221.00 D 0.00 Steve Moreno Clerk& Recorder 7.08 Failure to Maintain. In the event that the Owner of a Lot shall fail to maintain the Lot and Improvements thereon in a manner consistent with the requirements of this Declaration, any Design Guidelines or any Supplementary Declaration, the Architectural Review Committee or the Association, its Management Contractor,agents, contractors and employees shall have the right,in addition to any other remedies,to enter upon the Lot and to repair,maintain,and restore the Lot,the exterior of the Residence, and any other improvements on the Lot in the manner contemplated by this Declaration and any Supplementary Declaration. The cost of such maintenance, repair, and restoration shall be the responsibility of the Owner and shall be added to and become a part of the annual assessments applicable to the Lot. ARTICLE VIII. ARCHITECTURAL REVIEW COMMITTEE 8.01 Membership. (a) The Board of Directors may appoint an Architectural Review Committee (hereinafter referred to as the"Architectural Review Committee")which shall be composed of three (3) or more members. In the event no such appointment is made, then the Board of Directors shall constitute the Architectural Review Committee and shall have all of the duties and responsibilities of the Architectural Review Committee as set forth herein. Any member of the Architectural Review Committee not appointed by Declarant may be removed by the Board of Directors at any time. (b) In the event of death, disability,or resignation of any member of the Architectural Review Committee, the Board of Directors shall have (from either the Architectural Review Committee of the Board of Directors) authority to designate a successor or successors. (c) An affidavit executed by a majority of the members of the Architectural Review Committee and maintained in the Association's records shall be sufficient evidence of the membership and of the other recitals therein contained. 8.02 Evidence of Action.The Architectural Review Committee's approval or disapproval as required in this Declaration shall be in writing, as indicated by the signatures of a majority of the Architectural Review Committee or its designated representative. The Architectural Review Committee shall not be required to maintain records of plans submitted. Approval by the Architectural Review Committee shall be conclusive evidence of compliance with this Declaration, provided that Improvements are constructed in substantial compliance with the plans as approved. The Architectural Review Committee shall exercise reasonable efforts to approve or disapprove plans submitted to it within forty-five (45) days after submission. In the event the Architectural Review Committee fails to approve a proposal within sixty(60) days after plans and specifications have been submitted to it by hand delivery against a written receipt or by mailing, certified mail, first-class postage prepaid, return receipt requested to the Architectural Review Committee at the address designated by the Association, the request shall be deemed DISAPPROVED by the Committee. If no suit to enjoin the proposed construction has been commenced within one(1)year after the proposed construction has begun and became apparent, approval by the Architectural Review Committee will not be required, and the covenants in this Article shall be deemed to have been complied with fully. 25 I IIIII I IIIII IIIII 210115 111 IIIII II31 int 111/1111 11 lit 3310895 0108 31 of 44 R 221.00 D 0.00 ,33 Steue Moreno Clerk& Recorder d County, CO 8.03 Duties.The Architectural Review Committee shall act upon and approve or disapprove any and all matters to be submitted to the Architectural Review Committee pursuant to any of the provisions of this Declaration and shall have all duties and powers as are hereinafter provided and set forth. The Architectural Review Committee may, in its sole discretion, employ or appoint a representative to review plans and specifications submitted to the Architectural Review Committee and make decisions to approve or disapprove any submission or to perform any inspections of any work in progress or after completion. In the event a representative acting on behalf of the Architectural Review Committee decides a request for architectural approval which is adverse to the applicant,the applicant shall have the right to appeal such decision to the full Committee,by written request submitted to and received by the Committee within thirty (30) days after the applicant's receipt of the decision by the Committee's representative. Neither the Architectural Review Committee or any member thereof be liable, in any manner, for any action or failure to act done in good faith arising out of their service on the Architectural Review Committee. 8.04 Approval of Plans. (a) All plans and specifications in connection with the construction (which is commenced on or after the effective date of this Declaration)of any Improvements,including but not limited to any Residence, swimming pool, ancillary structure, exterior lighting, machinery, solar panel or installation,deck,patio,patio enclosure, fence,wall,driveway, out-building,or other struc- ture, and in connection with any grading, landscaping or gardening of any portion of the Lot, including without limitation,the removal or planting of any trees,shrubs or other vegetation,exterior maintenance and remodeling of any Residence or other structure, including, but not limited to, changing the initial color or exterior materials of the Residence, or any other Lot Improvements or appurtenances, such as mailboxes,or any alteration of any of the above described improvements to a Lot shall be submitted to the Architectural Review Committee or its designated representative for its prior written approval. (b) Before any construction or alteration begins, plans (no smaller than %"= t'-0" scale or as approved by the Committee) and specifications showing the nature,kind, shape, height, materials, and location, the exterior design the exterior materials to be used, the color scheme, the site plan, a topographic survey, the location of the driveway and sidewalks and plans for the proper landscaping and drainage of the Lot with respect to adjacent Lots must be submitted to the Architectural Review Committee for its prior written approval. (c) The Architectural Review Committee shall determine in its sole discretion whether to approve any plans submitted to it for review. In passing upon such plans, specifications and other requirements, the Architectural Review Committee may take into consideration whether the proposed Residence or other structure or alteration and the materials of which it is to be built are reasonable and suitable for the Lot upon which the Residence or other structure or alteration is to be erected,the harmony thereof with the surroundings, and the effect of the Residence or other structure or alteration as planned on the outlook from and/or property values of adjacent or neighboring property. 26 11111 11111111 IP Weld County,sins* �� 3310895 32 of 44 R 221.00 D 0.00 Steve Moreno Clerk& Recorder (d) No Residence, Improvement, fence, wall, driveway, landscaping, structure or alteration of any kind, including,but not limited to, those specifically described in this Article VIII, which has not received prior written approval by the Architectural Review Committee and which does not fully comply with such approved plans and specifications, shall be erected, constructed, placed, or maintained upon any Lot. No changes or deviations in and from such plans and specifications as so approved shall be made without the prior written consent of the Architectural Review Committee.The Architectural Review Committee shall not be responsible for any structural defects in such plans or specifications or in any building or structure erected according to such plans and specifications. (e) In passing upon such plans, specifications, and other requirements, the Architectural Review Committee may, in the exercise of its sole discretion, apply the pertinent requirements and considerations set forth in the covenants and restrictions set forth in this Declaration, any Supplementary Declaration and/or any Design Guidelines promulgated by the Architectural Review Committee. 8.05 Certain Exemptions for Declarant and Participating Builders. Notwithstanding any provision to the contrary in this Declaration,neither Declarant nor any Participating Builder,nor any contractor or subcontractor performing work for any Participating Builder,shall be subject to any of the provisions of Paragraphs 7.07(e), 7.07(f), 7.07(g), 7.07(h), 7.07(i), 7.07(j) and 7.07(k). The Architectural Review Committee shall have no right to control any work performed by or on behalf of Declarant or a Participating Builder which has obtained approval for plans as provided in Section 8.04.This Section shall be a complete defense to any action by the Architectural Review Committee to enforce the provisions of Paragraphs 7.07(e), 7.07(1), 7.07(g), 7.07(h),7.07(i),7.07(j)and 7.07(k), against Declarant or a Participating Builder or any contractor or subcontractor performing work for Declarant or a Participating Builder. 8.06 Reserved Right of Declarant.Notwithstanding the above provisions,and until Declarant has conveyed its last Lot to a purchaser, Declarant shall have the right, and the right is hereby specifically reserved unto Declarant, to appoint the members of such Architectural Review Committee and to fill any vacancies therein created. (This Section supersedes the authority granted in Section 8.01 above.) 8.07 Binding Agreement to Pay Legal Costs. In the event that an Owner shall dispute the determination of the Architectural Review Committee and files a lawsuit to overrule, vacate or otherwise mitigate the effect of any determination of the Architectural Review Committee, or if an Owner fails to submit for approval any action as required by Section 8.04 and the Architectural Review Committee any Owner,or the Association brings an action to enforce these provisions,then the Owner and the Association are hereby bound to the agreement that any and all costs, including reasonable attorney's fees, associated with the institution and defense of such a suit, shall, to the extent permitted by a court of competent jurisdiction, be paid to the prevailing party by the losing party. 8.08 Variance. The Architectural Review Committee may, in its sole discretion, grant reasonable variances or adjustments from any conditions or restrictions imposed by this Declaration. 27 1111111111111111111111111111111111111 III 11111 Ill 1111 3310895 08/08/2005 02:33P Weld County, le 33 of 44 R 221.00 D 0.00 se Moreno Clerk& Recorder A variance or adjustment shall only be granted if it is not material, detrimental or injurious to the other property or improvements to the neighborhood, and shall not defeat the general intent and purpose of this Declaration. Any variance granted by the Architectural Review Committee shall not affect or negate the requirements of any other applicable authorities. 8.09 No Review.The following types of changes, additions,or alterations do not require the approval of the Architectural Review Committee. Although exempt from Architectural Review Committee review, all work must proceed in accord with all applicable law, codes, and regulations, and the provisions of this Declaration. (a) Addition of plants to a property in accordance with a previously approved landscape plan. (b) Modifications to the interior of a Residence when those modifications do not unduly affect the outside appearance of the structure. (c) Repainting or restaining of the exterior of the Residence in original color. (d) Repairs to a structure in accordance with previously approved plans and specifications. (e) Reroofing with roofing materials of the same quality (or better) and color as original materials. (t) Seasonal decorations if removed promptly(within fifteen(15)days following the holiday). ARTICLE IX. INSURANCE 9.01 Comprehensive General Liability and Property Insurance. (a) Comprehensive general liability and property damage insurance shall be purchased by the Board of Directors and shall be maintained in force at all times, the premiums thereon to be paid by the Association as a Common Expense. If Declarant pays the premium, it shall be entitled to reimbursement from the Association. The insurance shall be carried with reputable companies authorized to do business in the State of Colorado,in such amounts as the Board may determine;the insurance carrier should have a current rating by Best's Insurance Reports of VI or better, or a financial rating of Class VI and a general policyholder's rating of at least A. If the insurer does not meet this rating requirement, the insurer must be reinsured by a company that does have a current rating by Best's Insurance Reports of VI or better. (b) A policy of comprehensive general liability insurance shall be in force for a minimum amount of One Million Dollars (51,000,000.00) per occurrence, covering all claims for bodily injury and/or property damage arising out of a single occurrence, such coverage to include protection against liability for non-owned and hired automobiles,liability for property of others,and, if applicable,host liquor liability and other risks which are customarily covered with projects similar 28 3310895 0810812005 02.33P Weld County, CO M of 44 R 221.00 0.00 Steve Moreno Clerk& Recorder in construction, location, and use.The policy or policies shall name as insureds all of the Owners,the Association, each member of the Board of Directors, the Management Contractor, and their respective agents and employees. Declarant shall be named as an additional insured on such policy or policies until such time as Declarant shall have conveyed all the Lots in the Project. The policy or policies shall insure against loss arising from perils in the Common Area and in any other areas which the Association has a maintenance responsibility and shall include contractual liability coverage to protect against such liabilities as may arise under the contractual exposures of the Association or the Board of Directors. (c) The policy or policies shall contain a "severability of interest" clause or endorsement which shall preclude the insurer from denying a claim of an Owner or the Association because of negligent acts of the Association or other Owners. 9.02 Fire and Hazard Insurance. Fire and hazard insurance shall be purchased by the Board of Directors and shall thereafter be maintained in force at all times, the premiums thereon to be paid by the Association as a Common Expense, such policy to cover all Common Area Improvements.The policy or policies shall be of a master or blanket type with a standard all risk endorsement,and insure against loss from perils therein including broad form coverage on all of the Improvements in the Common Area, except such as may be separately insured, and except land, foundation, excavation and other items normally excluded from coverage. Such policy or policies shall contain extended coverage,vandalism,and malicious mischief endorsements. The Improvements to be insured under this clause shall be continually insured to value, and the policy or policies shall contain replacement cost insurance. If reasonably available,the policy or policies shall contain a stipulated amount clause, or determinable cash adjustment clause, or similar clause to permit a cash settlement covering speci- fied value in the event of destruction and a decision not to rebuild.The policy or policies shall name as insureds the Association and Declarant.The policy or policies shall also cover personal property owned by the Association or in common by the Owners, their tenants, invitees or agents, and shall further contain a waiver of subrogation rights by the carrier as to negligent Owners. If Declarant pays the premium for the policy or policies, it shall be entitled to reimbursement from the Association. The insurance shall be carried with reputable companies authorized to do business in the State of Colorado,in such amounts as the Board may determine.The insurance carrier should have a current rating by Best's Insurance Reports of VI or better or a financial rating of Class VI and a general policyholder's rating of at least A. If the insurer does not meet this rating requirement, the insurer must be reinsured by a company that does have a current rating by Best's Insurance reports of VI or better. 9.03 No Individual Insurance on Common Area.The blanket policy or policies to be carried by the Association and referenced under Section 9.02 above must provide that it is primary over any policy or policies separately carried by an individual Lot Owner and that the proceeds of the individual policy or policies carried by such Owner shall only be used to the extent that the proceeds of the insurance carried by the Association are insufficient to cover any losses to the Common Area. 9.04 Owner's Personal Liability and Property Insurance.An Owner may carry such property, fire and personal liability insurance as such Owner may desire. It is understood that the Association 29 111111111111111111111111111111111 ICI III 111111111 Iiii 3310895 08/08/2005 02:33P Weld County, CO 35 of 44 R 221.00 0 0.00 Steve Moreno Clerk& Recorder policies described herein will provide no insurance coverage for the Lots or the improvements situate thereon. 9.05 Fidelity Insurance Coverage.The Association shall provide for fidelity coverage against dishonest acts on the part of the Officers, Directors, Management Contractors, employees or volunteers responsible for handling funds belonging to or administered by the Association. The fidelity bond or insurance must name the Association as the named insured and shall be written in an amount sufficient to provide protection, which is in no event less than the greater of Fifty Thousand Dollars ($50,000.00) and one and one-half(1.5) times the insured's estimated annual operating expenses and reserves. In connection with such coverage,an appropriate endorsement to the policy to cover any person or persons who serve without compensation shall be added if the policy would not otherwise cover volunteers. 9.06 Other Insurance. The Board of Directors may purchase and maintain in force as a Common Expense,debris removal insurance,plate or other glass insurance,fidelity bonds,and other insurance or bonds that the Board deems necessary.The Board shall purchase and maintain worker's compensation and unemployment insurance to the extent that the same shall be required by law respecting employees of the Association. Notwithstanding any other provisions herein, the Association shall continuously maintain in effect such casualty, flood and liability insurance, and a fidelity bond, meeting the insurance and fidelity bond requirements for such project established by the Federal Home Loan Mortgage Corporation, the Federal National Mortgage Association and Government National Mortgage Association, so long as any are a Mortgagee or Owner of a Lot within the Properties, except to the extent such coverage is not available or has been waived in writing by either or all of the above. 9.07 Attorney in Fact.The Association is hereby appointed the attorney in fact for all Owners to negotiate loss adjustment on the policy or policies carried by the Association under this ARTICLE IX. 9.08 Proceeds.The Association shall receive the proceeds of any casualty insurance payments received on the policies obtained and maintained pursuant to this Article. To the extent that repairs and reconstruction are required herein and there is a determination that the Properties shall not be rebuilt, the proceeds shall be distributed in the manner provided in ARTICLE X regarding casualty, damage or destruction. 9.09 Notice of Cancellation or Modification.The policy and/or policies required by Sections 9.01, 9.02 and 9.05 must provide that they cannot be canceled or substantially modified, by any party, without at least ten (10) days prior written notice to the Association, and to each holder of a First Mortgage which has requested in writing that it be listed as a scheduled holder of a First Mortgage in the insurance policy. 9.10 Annual Review of Policies. All insurance policies shall be reviewed at least annually by the Board of Directors to ascertain whether the coverages contained in the policies are sufficient for the upcoming year,whether any necessary repairs or replacements of the property which occurred in the preceding year were covered by insurance, and that all possible insurance claims have been filed. 30 1 111111 1111 1111 11111 1111 IIIIII 111141111 1111 IIII IIII 3310895 08/08/2005 02:33P Weld County, CO 36 of 44 R 221.00 0 0.00 Steve Moreno Clerk& Recorder 9.11 Deductibles. No insurance policy applicable to either fire or extended coverage shall contain a deductible clause which exceeds the greater of: (a) Five Hundred Dollars ($500.00); or (b) One percent (1%) of the face amount of the policy. If an Owner,who by negligent or willful act,causes damage to the Common Area or other Properties which are insured as a Common Expense,then the Owner shall bear the whole cost of the deductible required in the blanket insurance policy for the Association on the Common Area and other such Properties. An Owner shall be responsible for any action of members of his family,his tenants or his guests which cause damage to the Common Area or other Properties. 9.12 Directors' and Officers' Liability Insurance. If available at a reasonable cost, the Association shall obtain and maintain adequate liability coverage to protect against any negligent act upon the part of the Directors or Officers of the Association. 9.13 Waivers. All such policies of insurance shall contain waivers of subrogation and waivers of any defense based on an invalidity arising out of the acts of a Member of the Association. ARTICLE X. CASUALTY 10.01 Association As Agent and Attorney In Fact. All of the owners irrevocably constitute and appoint the Association as their true and lawful agent and attorney in fact in their name, place and stead for the purposes of dealing with the Common Area upon its damage, destruction, obsolescence and/or condemnation as hereinafter provided. Acceptance by any grantee of a deed from Declarant or from any Owner shall constitute appointment of the Association as agent and attorney in fact as herein provided. 10.02 General Authority of Association. As attorney in fact, the Association shall have full and complete authorization,right and power to make,execute and deliver any contract,deed or other instrument with respect to the interest of an Owner which may be necessary or appropriate to exercise the powers herein granted.Repair and reconstruction of the Common Area Improvements as used in this Article means restoring the Project to substantially the same condition in which it existed prior to damage. Notwithstanding the provisions of Section 4.06 above, the proceeds of any insurance collected shall be used by the Association for the purpose of repair or reconstruction unless Owners, to which at least eighty percent (80%) of the votes in the Association are allocated, and sixty-seven percent (67%) of the First Mortgagees (based on one (1) vote for each Lot subject to a First Mortgage owned or held)agree not to rebuild in accordance with the provisions set forth in this Article. 10.03 Notices and Cost Estimates.As soon as practical after an event causing damage to, or destruction of any part of the Common Area,the Association shall immediately obtain estimates that it deems reliable of the cost of repair or reconstruction of that part of the Project damaged or destroyed. 31 I 111111 1111 IIIII till 11111111111 /III/III 3310895 08/08/2005 02:33P Weld County, CO 37 of 44 R 221.00 D 0.00 Steve Moreno Clerk& Recorder 10.04 Insurance Proceeds Sufficient to Repair. In the event that proceeds from insurance coverage are sufficient to cover the cost of repair or construction after a casualty pursuant to the esti- mate of costs obtained by the Association, then such repair or reconstruction shall be promptly performed by the Association as attorney in fact for the Owners pursuant to this Article. 10.05 Insurance Proceeds Insufficient to Repair. If the insurance proceeds are insufficient to repair or reconstruct the damage or destroyed Common Area or Common Area Improvements, such damage shall be repaired as promptly as possible by the Association and any costs of such repair or reconstruction in excess of insurance proceeds available shall be assessed against all Owners as a Common Expense pursuant to ARTICLE VI. ARTICLE XI. CONDEMNATION 11.01 Consequences of Condemnation. At any time during the continuance of the ownership pursuant to this Declaration, if all or any part of the Common Area shall be taken, or condemned by any public authority, or sold, or otherwise disposed of in lieu of or in avoidance thereof, the provisions of this ARTICLE XI shall apply. 11.02 Proceeds and Notice. Subject to the Association's compliance with C.R.S. ' 38-33.3- 107,all compensation,damages,or other proceeds therefrom,the sum of which is hereinafter called the "Condemnation Award" shall be payable to the Association; provided, however, that the Association shall provide timely notice of such condemnation proceeding or condenming authority acquisition to all Owners and First Mortgagees who request such notice. ARTICLE XII. GENERAL RESERVATIONS 12.01 Reservation of Easements, Exceptions,and Exclusions.Declarant reserves the right to establish from time to time,by dedication or otherwise,utility(including cable television)and other easements, for purposes including but not limited to streets, paths, walkways, drainable recreation areas, parking areas, ducts, shafts, flues, conduit installation areas, and to create other reservations, exceptions and exclusions consistent with the ownership of the Properties for the best interest of all Owners and the Association in order to serve all the Owners within the Project. The rights herein reserved unto Declarant shall continue until Declarant no longer retains an interest in the Project,or twenty(20) years after the effective date of this Declaration, whichever occurs first. 12.02 Rights of Declarant and Participating Builders Incident to Construction. Notwithstanding any contrary provision in this Declaration, an easement is hereby reserved by and granted to Declarant and any Participating Builder for access, ingress, and egress over, in, upon, under, and across the Project, including but not limited to the right to store materials thereon and to make such other use thereof as maybe reasonably necessary or incidental to Declarant's or any such Participating Builder's construction on the Properties; provided, however, that no such rights or easements shall be exercised by Declarant in such a manner as to unreasonably interfere with the occupancy,use, enjoyment, or access by any Owner,his family members,guests,or invitees,to or of that Owner's Lot. 32 1111111 11111 11111 1111111111 111111 II I IMI 11111 IIII till 3310895 08/08/2005 02:33P Weld County, CO 38 of 44 R 221.00 D 0.00 Steve Moreno Clerk& Recorder ARTICLE XIII. PRE-EXISTING RESERVATIONS, RESTRICTIONS, EASEMENTS AND COVENANTS. The Property was subject to the following reservations, restrictions, conditions, exceptions, easements and covenants at the time of the recordation of this Declaration: 13.01 Weld County. Any restrictions in the use of property created by the Plat,and building and zoning ordinances of Weld County, Colorado. 13.02 Other Recorded Documents. Any other reservations, restrictions, conditions, exceptions, conditions, easements and covenants not enumerated under this Declaration or the Association Articles of Incorporation or By-Laws, but which exist of record at the time of the recordation of this Declaration, including but not limited to the matters described on Exhibit C. ARTICLE XIV. REVOCATION OR AMENDMENT OF DECLARATION 14.01 Revocation. Except as provided specifically elsewhere herein, this Declaration shall not be revoked unless the Owners of Lots to which sixty-seven percent (67%) of the votes in the Association are allocated consent and agree to such revocation by instrument(s) duly recorded. 14.02 Duration and Amendment.The covenants and restrictions of this Declaration shall run with and bind the Properties for a term of forty(40)years from the date this Declaration is recorded, after which time they shall be automatically extended for successive periods of ten (10) years. Subject to any provision in Section 4.06 above, this Declaration shall not be amended, except as otherwise herein provided, without the consent of Owners of Lots to which at least sixty-seven percent(67%) of the votes in the Association are allocated. Such amendment may be evidenced by either a recorded instrument indicating such consent or by a recorded certificate of the Secretary of the Association certifying (i) that at a meeting of the Owners, duly called at which a quorum was presented, the Owners of Lots, to which sixty-seven (67%) of the votes in the Association are allocated, consented to the Amendment,unless a higher percentage is required for such consent and approval by Section 4.06 above, in which case the certificate shall reflect the higher percentage,and (ii)that copies of such written consent and approval are in the corporate records of the Association. 14.03 Amendments to Conform to VA, FHA, FNMA or FHLMC Requirements. Notwithstanding any provision in this Declaration to the contrary, during the Declarant Control Period, Declarant shall have the right to unilaterally amend this Declaration in order to comply with the requirements of the Veteran's Administration, Federal Housing Administration,Federal National Mortgage Association,or the Federal Home Loan Mortgage Corporation. Such amendment shall not require the vote or consent of Owners in the Project. 14.04 Technical Amendments. Declarant hereby reserves and is granted the right and power to record technical amendments to this Declaration at any time during the Declarant Control Period for the purposes of correcting spelling, grammar, dates or as is otherwise necessary to clarify the meaning of the provisions of this Declaration. 33 Ill 11111 11111 11111 IIIII/iii II III 101 till 3310895 08/08/2005 02:33P Weld Counry 39 of 44 R 221.00 D 0.00 Steve Moreno Clerk& Recorder ARTICLE XV. MISCELLANEOUS PROVISIONS 15.01 Mailing Address. Each Owner and First Mortgagee shall register his or its mailing address with the Association, and all notices,demands and statements shall be sent by regular United States Mail, first-class postage prepaid, addressed in the name of the Owner or First Mortgagee at such registered mailing address. All notices to Declarant shall be sent by certified mail, first-class postage prepaid, return receipt requested, to the following address: DECLARANT: STENERSON, OLSON & LOWREY DEVELOPMENT, LLC 3040 South Newcombe Way Lakewood, Colorado 80227 until such address is changed by notice of address change given to the Association. 15.02 Compliance with Provisions. Each Owner shall comply strictly with the provisions of this Declaration, the Articles of Incorporation, By-Laws, Rules and Regulations, resolutions, and contracts of the Association as the same may from time to time be in force and effect. Failure to comply with any of the same shall be grounds for an action to recover sums due for damages or injunctive relief or both, together with reasonable attorney fees, court costs, and injunction bond premiums maintainable by the Board of Directors, or the Management Contractor, on behalf of the Owners, or by any Owner. 15.03 Severability. If any of the provisions of this Declaration or any paragraph, sentence, clause, phrase, word or section or the application thereof in any circumstances is invalidated, such invalidity shall not affect the validity of the remainder of this Declaration, and the application of any such provisions, paragraph, sentence, clause, phrase, word, or section in any other circumstances shall not be affected thereby. 15.04 Terminology. Whenever used herein, unless the context shall otherwise provide, the singular number shall include the plural and the singular; and the use of any gender shall include all genders. 15.05 State Law. The provisions of this Declaration shall be in addition and supplemental to all laws of the State of Colorado. 15.06 Declarant's Rights Transferable. Any right or interest of Declarant hereunder, established or reserved,may be transferred or assigned by Declarant either separately,or with one or more of such rights or interest, to any person or entity without the consent of the Owners, the Association, or any First Mortgagee. 15.07 Registration of First Mortgagees. Whenever this Declaration permits or requires that a First Mortgagee receive notice, such requirement of notice shall be waived if the First Mortgagee has failed to register its name and proper address with the Association for the purpose of such notices as 34 1 111111 11111 11111 11111 11111 Illllrill III viii Iiii 1111 3310895 08/08/2005 02:33P Weld County, CO 40 of 44 R 221.00 D 0.00 Steve Moreno Clerk& Recorder provided in Section 15.01. The Association shall maintain as part of its books and records a list of the First Mortgagees who have registered in order to receive any notices which are permitted or required to be given to First Mortgagees under this Declaration. 15.08 Approval by First Mortgagees. Whenever this Declaration requires the approval of First Mortgagees,only those First Mortgagees who have registered as provided under Section 15.07 need be included in the request for approval and in any determination of whether the applicable percentage of First Mortgagees have approved any intended action. Any First Mortgagee registered as provided under Section 15.07 and mailed a request for approval, but who fails to respond within thirty(30) days to a request for approval, will be deemed to have approved the intended action. 15.09 Conflict. In the event of any conflict between the use restrictions imposed in this Declaration and any use restriction or regulation imposed by any governmental agency having jurisdiction over the Properties, the more stringent use restrictions shall control. In the event of any conflict between the Articles of Incorporation and the By-Laws,the Articles shall control;in case of any conflict between this Declaration and the By-Laws,the Declaration shall control;and in the case of any conflict between the Articles and this Declaration, this Declaration shall control. SIGNATURE PAGE FOLLOWS. 35 1111111 11111 11111 11111 31 MIME 111 III 11111 3310895 08/08/2005 02:33P Weld County, CO 41 of 44 R 221.00 D 0.00 Steve Moreno Clerk& Recorder DATED this /' day of .J/✓er , 20 N5r— DECLARANT: STENERSON, OLSON & LOWREY DEVELOPMENT, LLC, a Colorado limited liability company 7 BY: /_ a, . STATE OF COLORADO ) ) ss. COUNTY OF Jefferson ) The above and foregoing Declaration of Covenants, Conditions, and Restrictions for Nesting Crane was acknowledged before me this '3 day of J(j 11C , 2Z by Jeffrey Olson as Manager of Stenerson, Olson & Lowrey Development, LLC, a Colorado limited liability company, on behalf of such limited liability company. My commission expires: /a�„.D.I CV Witness my hand and official seal. BILLIE J. MOORE Fk i L ,.,, ,,_„ ____ , i6Cl ,� NOTARY PUBLIC Notary Public } OF COLORADO 36 1 111111 11111 111 ��11111 I�I�CI 111Id I 11�1IItl It 1111 3310895 08/08/2005 42 of 44 R 221.00 D 0.00 Steve Moreno Clerk& Recorder EXHIBIT A (Legal Description of Project) Lots 1-9, inclusive, Tracts A, B and C, Nesting Crane Ranch, according to the plat thereof recorded ,20 ,in Book at Page , under Reception No. ,of the records of the Office of the Clerk and Recorder of Weld County, Colorado, County of Weld, State of Colorado. 37 1111%IIIII\� �I��SS III�I Iililitil� 4310895 0810 33P Weld �It�1I�� t tilt 43 of 44 R 221.00 D 0.00 Steve Moreno Clerk& Recorder EXHIBIT B (Legal Description of Common Area) Tracts A, B and C, Nesting Crane Ranch, according to the plat thereof recorded ,20 ,in Book at Page , under Reception No. ,of the records of the Office of the Clerk and Recorder of Weld County, Colorado, County of Weld, State of Colorado. 38 11111 11111 11111 1111111111 c hill 111111 I I 1111111 111 1111 3310895 08/08/2005 02:33P Weld County, CO 44 of 44 R 221.00 D 0.00 Steve Moreno Clerk & Recorder EXHIBIT C (Title Matters) 39 Attn. LouAnn Penfold, 7-15-2005 The following letter addresses the letter you submitted to the Weld County Planning Department concerning USR-1502. I will meet all requirements by doing the following. 1. All construction will be in accordance with the provisions of the fire code. 2. Water supply to the residence will be supplied by a hydrant that is of the appropriate distance and flow as discussed earlier. 3. If such hydrant is not available, a residential sprinkler system will be installed after plan approval by your office. 4. The address to the residence will be displayed in a highly visible and appropriate manner. If these do not totally address your concerns about USR-1502 feel free to contact me at (303) 828-2891. Chad Lease Dear Mr. Hoover, 7-15-2005 The following letter address the concerns contained in your response to Weld County planning Dept. in regards to USR-1502/1503. The recommendations by your depart- ment will be accomplished with the following. 1. All grass and pasture area will be thoroughly searched to reduce the disturbance of any ground nesting birds. 2. All equipment will be cleaned prior to leaving the area to reduce spread of weeds, and areas disturbed due to construction will be reseeded to reduce erosion. 3. There are no black-tailed prairie dogs on the property. If these do not totally address your concerns about USR-1502/1503 feel free to contact me at (303) 828-2891. Chad Lease chad lease property Page 1 of 1 Michelle Martin From: Kim Ogle Sent: Thursday, July 14, 2005 1:45 PM To: Michelle Martin Subject: RE: chad lease property Ceclia is with the State. therefore I would accept the letter based on her professional opinion psecific to the identified report. Kim From: Michelle Martin Sent: Thursday, July 14, 2005 1:22 PM To: Kim Ogle Subject: FW: chad lease property Kim, Do you think this letter will satisfy his condition that states he has to do a Geo. permit or get a letter from the state waving the requirement? This is in reference to USR-1502 From: Greenman, Celia [mailto:Celia.Greenman@state.co.us] Sent: Wednesday, July 13, 2005 4:49 PM To: Michelle Martin Subject: chad lease property Dear Ms Martin, With regard to the Chad Lease property, which is lot 8 of Scott's Acres, in NE 9, Ti N R68W, the property is undermined by the Morrison Mine at a depth of about 129 ft. below ground surface. A Mine Subsidence Evaluation was performed by Western Environment and Ecology, and their results were summarized in a letter report dated July 8, 2005. I agree with the conclusion of the report, that residential construction of buildings less than or equal to 75 ft in length would not be exposed to mine subsidence-related strains resulting in significant damage to the structure. For that size structure, the geologic hazard of coal mine subsidence would have little or no effect on the intended use at the site. This conclusion pertains to the site chosen by Mr. Lease as the proposed residence location. Sincerely, Celia Greenman Colorado Geological Survey 303-866-2811 The information contained within this email is intended for the addressed recipients only. Any other use of this information is prohibited. Hello