HomeMy WebLinkAbout20070444.tiff PLANNED UNIT DEVELOPMENT (PUD) SKETCH PLAN APPLICATION
FOR PLANNING DEPARTMENT USE DATE RECEIVED:
RECEIPT#/AMOUNT# 1$ CASE# SSIGNED:
APPLICATION RECEIVED BY PLANNER ASSIGNED:
Parcel Number / 6 9 - I D - D - c O ( 2
(12 digit number-found on Tax I.D.information,obtainable at the we County Assessor's Office,or www.co weld.co.us).
(Include all lots being included in the application area,
If additional sp ce is required,attach an additional sheet)
Legal Description ' srTi0iv of ie S'aa't1 AAA ion /12,Township / North, Range (7West
Property Address(If Applicable) 402
Existing Zone District:?it l2, Proposed Zone District:?u,D, Total Acreage:8/251t Proposed#/Lots 9 Average Lot Size: 3,3,3 + Minimum Lot Size: O I,D Proposed Subdivision Name:D+sTacr7kiv 7k/m:/r P4."),
Proposed Area(Acres)Open Space: .5.7/ 5-1s this application to be reviewed as a Cluster PUD?Yes No X
Are you applying for an exception to the Public Water requirements? Yes No X
FEE OWNER(S)OF THE PROPERTY(If additional space is required,attach an additional sheet)
Name: TZ M LI-C. — Sol,,v Le, ZAdeI1 LMn)zrfger
Work Phone# Home Phone# 97?539--U4'3 Email Address
Address: 4aoo LOCK tgj
City/State/apCode F 'r T 1,4147:2N 10/0 — ?ad
APPLICANT OR AUTHORIZED AGENT(See Below:Authorization must accompany applications signed by Authorized Agent)
Name: S,Z�yj ) ��� — John) ti: /Ariel Manvet. boxy &
Work Phone#,.c^q-E?5)-/?S4Home Phone# Email Address ddgd91iheor/s rr-�rors Lcrn
Address: 9675 W ct I o /
City/State/Zip Code rtrq-T 1 u p75nI / Cc%hgd o g'pea.I
UTILITIES: Water C atilt-14 tif2a- . Coq,vf, Wq'fei- l'7, icr;-/ .
Sewer Stud;v.da¢1 Sewage Dispc5a1 5y4k.ins
Gas: Nor
✓1-✓2 i/,Able
Electric: itvfjed 'Po we r
Phone: G?wr'4;
DISTRICTS: School: 'rr-8
Fire: For-T Luo7`0N F-5
Post:
I(We)hereby depose and state under penalties of perjury that all statements,proposals,and/or plans submitted with
or contained within the application are true and correct to the best of my(our)knowledge. Signatures of all fee owners
of property must sign this application. If an Authorized Agent signs,a letter of authorization from all fee owners must
be included with the application. If a corporation is the fee owner,notarized evidence must be included indicating the
signatory has the legal authority to sign for the corporation.
ri2/vl 2!01-71/144//,',,ya-
Signature: OwAuAgent Date Signature: Owner or Authorized Agent Date
////t4
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2007-0444
Page 1 of 1
--Original Message--
From: Jacqueline Hatch
To: Jarvis Fosdick
Sent: Tuesday, September 26,2006 9:08 AM
Subject: RE: Distant Thunder PUD
Jarvis
It would be great if you could adjust all the plans now (prior to submittal). I will leave the application up
at the front counter here in the south office for you to pick up.
Thanks
Jacqueline
From:Jarvis Fosdick[mailto:intermill@gwest.net]
Sent:Tuesday, September 26, 2006 8:56 AM
To: Jacqueline Hatch
Cc: ddg@ncconstructors.com
Subject: Distant Thunder PUD
. .-.-.__ .-.. .. .
Re:School District and other Responses
Hello Jacqueline, Patty Schultz with RE-8 school district )' , .
mii*,,,
says that their buses will not use a bus-pull-out lane along '14
WCR 19, she says that given the length of the internal
roadway the bus can pick up at each house and turn
around within the cul-de-sac. She doesn't need the /
shelter or the bus lane. The post office wants a mail
kiosk, however. No other concerns have been found. Attached are the documents indicating such.
These changes will require alterations to the Engineering plans, ROW dedications to WCR 19 and
the project narrative. Would it be best to revise the plans now?
Jarvis Fosdick
Intermill Land Surveying, Inc.
1301 North Cleveland Ave., Loveland,CO 80537 Fax:(970)835-9775 Phone:(970)889-0516 Email:intermill@gwest.net
NOTICE:
USE OF THIS ELECTRONIC MEDIA BY ANYONE OTHER THAN INTERMILL LAND SURVEYING,INC.SHALL BE AT THE SOLE
RISK OF SUCH USER AND WITHOUT LIABILITY OR LEGAL EXPOSURE TO INTERMILL LAND SURVEYING,INC.BY SAVING
THESE FILE(S),USER ACCEPTS RESPONSIBILITY FOR THIS ELECTRONIC MEDIA.
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2/15/2007
ULES OF ORUANIZATI(
JZM, LLC
J, the undersigned natural person of die age of eighteen years . re, acting as organizer
of t limited liability company under the Colorado Limited Liabilit: Cotupany Act, adopt the
f wing ,Article of Organization for such limited liability company:
FIRST: '1'h! name of the limited liability comp .c is JZM t t*;
773,1,71 `.
-` `)NJ): 'file period i f a
duration is thirty years. �'� r ! %r I - i c
I
T111kI? The limn d lability company i2n t05-31—''0 1,7:58
pursuant to the C'O1' nrlo Linritc 1 ability Company Act rgauir; i' for any legal and lawful purpose
FOURITI: The mailing address and street address of ie ii-.idal registered office of the
limited liability company is 9031 Weld County Road 13, Lo 'ions, Colorado, 80504 and the
in me of its proposed registered agent in Colorado at that alit ' John W. Zadel.1:F171 Manage; cat of this limited liability company is vested in the managers and
not the members.
SIXTH: The n- rues and business addresses of the mitt i managers re:
John W:-Zade1, 3031 We!&county Road 13,Longmont Colorado_80504 - _
Mari•t Zadc l 9031 Weld F-ounty-Rsd 13; Longmont, Colorado'80504
SL`TENTH The name and address of the amzeds
Tcrfir 4Wraddl:9Q311 1'i I County Road 13, Lougm°, t, Colorado 80504
IN WI NESS WHEREOF, the above named organizer signed these Articles of
Orgauizatioi: in the A22-day of May, 1996.
v
STATE OF COLORADO )
COUNTY OF BOUJB' R ) ss:
I, the undeisigned, a •otary public, hereby certify that on the rday of May, 1996, the
above named organizer perso ally appeared before me and being by me first duly sworn declared
that he is the person who sinned die foe' ;oing Articles of Organization as organizer and the
statements therein contained are true.
IN WITNESS WHEREOF,I have hereunto set niv hand and official seal this 30^
of May, 1996. day
�d,,��p�FJ)'tirf,4
I Yr;il,?pi on expires: ,—
:i,UTiiflJ-%
Pow-1G: 'IU Public
Notary Fu b
'floe mini i o
MY COMMISSION EXP! —
JUNE 28,MA
7-- - v
�
\S\' OPERATING AGREEMENT
�- �� JZM, LLC
This Agreement made this if day ofit , 1996, effective
be'ween John W. Zadel and Mary C. Zadel, herein er collectively referred
to as "members" and JZM, LLC, hereinafter referred to as the "LLC".
L INTRODUCTION
The parties have formed a limited liability company effective on i//,gaWlj for the
sole purpose of . The rights and obligations of the LLC and the members
shall be provided in the \irides of Organization and this Operating Agreement.
II. PLACE OF BUSINESS
The principal i lace of business of the LLC shall be 9031 Weld County Road 13,
Longmont, Colorado, ( r such other address to which the business may from time to time be
moved.
III. DURATION OF THE LLC
The LLC shall commence operations on 5,///q9(,
for a term of not to exceed / and shall continue
f
or by agreement betwee i the thirty
arrtiesa)years thereafter unless temuna sooner by operation of law
[V. CAPITAL CONTRIBUTIONS
The undersign( i menu ers shall make initial capital contributions to the LLC according to
the percentage or thei ownership by the contributions of capital shown below. Each member
owns an undivided interest in die business and company as follows:
......._ Interest Initial Capital Contribution
blii W.Zadel ) d <'
MuyC Zadel O J
' V. ADDITIONAL CAPITAL CONTRIBUTIONS
A. The members shall contribute in proportionate mounts any additional capital deemed
necessary, for the operation of the LLC as required by a vote of the members,provided, however,
that in the event that any member refuses or fails to contribute his share of my or all of the
additional capital; then the other members or any one of them may contribute the additional capital
not paid in by such refusing member and shall receive therefore an increase in the proportionate
share of the ownership and profit interest in the entire LLC based on the new proportion of their
capital account as compared to the total of all capital accounts of members.
,I . : Utile.s otherwise agreed,the right to make up additional capital contributions of a refusing
member shall be available in the same proportions as the members electing to make the contribution
hold profit interests in the LLC (excluding the interests held by members refusing to make the
additional capital colt tributions).
Bt ,In lieu of voting an additional assessment of capital to meet operating expenses or to
finance new:ingestments, the LLC may, as determined by the managers, borrow money from one
JZM/Operating Agmt/6/25/96/jac
lie ;J_
tiro actsn ,
or
of the ers, members, r rson& In the t'eat that a negotiated with aamanager or member, hehorshe shall be entitled to receive interest agreement is a rate and
upon such terms to be determined by the managers, excluding the i imager making said loan, if
applicable, and said loan shall be repaid to the manager or member, with unpaid interest, if any, as
soon as the affairs of the LLC will permit. The loan shall be evic enced by a promissory note
obligating the assess of the LLC. Such inte'est and repayment of the amounts so loaned are to be
entitled to prior ty of payment over the division and distribution of capital contributions and profit
among member;.
VI. PURPOSES
business he purpose of the LLC is environmental remediation services and such other lawful
purposes of which the LLC may elect to pursue in the future.
VII. DIVISION OF PROFITS AND LOSSES
Each of the members shall own an interest in the LLC as set forth in Paragaph IV, entitled
"Capital Contributions",except as the same may hereafter vary or change as provided in Paragraph
V,entitled "Contributions of Additional Capital" and as the same may be modified pursuant to this
Paragraph VII. All profits of the LLC enterprise shall be shared by each of said members
according to the percentage of ownership and profit interest each member owns. A separate capital
account shall be maintained for each member. No member shall make anv withdrawals from
capital without prior approval of the LLC. If the capital account of the member becornes impaired
his share of subse_yuentLLC profits shall be first credited to ins capital account until that account
has been restored.
The profits and gains of the LLC shall initially be divided and the losses, deductions, and
credits of the LLC shall be borne in the following proportions:
The division of profits and losses and the ownership interests of Paragraph IV above shall
be adjusted from time to time based on member capital accounts existing on the last day of
December of each year to reflect the then existing capital account balances as a percentage of all
members'capital accounts.
All distributions of assets of the LLC,including cash, shall be made in the same allocations
among members as described above.
The managers shall determine, in their discretion, whether distributions of assets of the
LLC should be made to the members; provided, however, that no distribution of assets may be
made to a member if, after giving effect to the distribution, all liabilities of the LLC, other than
liabilities to members on account of their capital and income accounts, would exceed the fair value
of the LLC assets.
A member has no right to demand and receive any distribution from the LLC in any form
other than cash.
For purposes of this Agreement, "Capital Account(s)" shall mean an account to be
maintained with respect to each Member in accordance with federal income tax accounting
principles and Treasury Peg'ilations Section 1.704-1(b) or any successor provision. Each Capital
Ac such count shall be increased b the amount of(i) any cash contribu-ion to the capital of the Company
by
(n
et of anr y 1 abilitied the s secured by such contributed market value of property trty corm hat the Compan to the y is consi such
dered
JZM/Operating Agmy6/25/96/jac
to assume or take subject to, under Section 752 of the Code), (ii) the distributive share of the
Company's income and gain (or items thereof) as allocated to such Member pursuant to Paragraphs
IV, V and VII hereof, and (iii) the distributive share of income exempt from tax. Each Capital
Account shall be decreased by (i) the amount of any loss or deduction (or items thereof)allocated
to such Member pursuant to Paragraphs IV, V and VII hereof, (ii) Ili.: amount of all distributions in
cash to such Member pursuant to this Agreement, (iii) the fair mar et value of property distributed
to such Member (net of any liabilities secured by such distribut d property that the Member is
considered to assume or take subject to under Section 752 of the Code), and (iv) the distributive
share of expenditures of the Company described in Section 705(a)(2)(B) of the Code. The
following rules shall apply in maintaining Capital Accounts:
A. If property the Company,
Capital Accounts shall be adjusteds though such property had been sold whether in liquidation
the date of such
distribution for its then fair market value, and any gain or loss on slit sale had been allocated in
accordance with Paragraph IV.
F. If property is contributed to the Company, Capital Accounts shall be adjusted in
with ance with Treasury Regulation Section 1.704-1(b)(2)(iv)(d)(1). The Members recognize that
respect to properly contributed to the LLC by a Member and with respect to property revalued
in accordance with Tr asury Regulation § 1.704-1(b)(2)(iv)(f),there will be a difference between
the agreed values or "carrying values" of such property at the time of contribution or revalt ation
and the adjusted tax basis of such property at that time. All items tax depreciation, cost reef:wayr___
amortization,amonntreali7ed-and gain or loss-with respect to such assets shall be allocated among
the Members to take into account the book-tax disparities in accordance with the provisions of
I.R.C. §§ 704(b) and 704(c) of the Code and the Treasury Regulations under those sections.
C. If, in any taxable year, the Company has in effect an election under Section 754
of the Code, Capital Accounts shall be adjusted to the extent required by Treasury Regulation
Section 1.704-1(b)(2)(iv)(m).
D. 'n the event of a permitted sale or exchange of a Member's interest, the Capital
Account of the transferor shall become the Capital Account of the transferee to the extent it relates
to the transferred membership interest in accordance with Section 1.704-1(b)(2)(iv)of the Treasury
Regulations.
E. The manner in which Capital Accounts are to be maintained pursuant to
Paragraphs IV, V and V II is intended to comply with the requirements of Section 704(b) of the
Code and the Treasury Regulations promulgated thereunder. If in the opinion of the Company's
accountants the manner in which Capital Accounts are to be maintained pursua'u to the Preceding
provisions of this Paragraph VII should be modified in order to comply with Sc ;tion 704(b)of the
Code and the Treasury Regulations thereunder, then notwithstanding anythi ig to the contrary
contained in the preceding provisions of this Paragraph VII, the method in whic i Capital Accounts
are maintained shall be so modified; provided, however, that any change in the manner of
maintaining Capit 1 Accounts shall not materially alter the economic agreement between or among
the members.
F. Upon liquidation of the Company (or any member's membership interest),
liquidating distributions will be made in accordance with the positive Capital Account balances of
the members, as determined after taking into account all Capital Account adjustments for the
Company's taxable year during which the liquidation occurs. Liquidation proceeds will be paid in
accordance with Paragraph XI. The Company may offset damages for breach of this Operating
Agreement by a member whose interest in'liquidated (either upon the Disassociation of the member
or the liquidation of the Company) against the amount otherwise distributable to such member.
TLM/Operating Agmt/6/25/96/jac
VIII. RULES RELATING TO THE M EMBERS
A. Additional members may be admitted upon the unanimous written consent of all
members.
B. A member shall be entitled to one vote on any matter for which members are
required to vote, with each vote to be weighted as to a member's percentage ownership interest of
4 the LLC. A member may vote in
the members shall be made by a majority vote rson I ir by proxy f th ownershipeinterests owned of sbyth members at
a properly called meeting of the members at which a quorum is present, or by unanimous written
;In( consent of the members.
3d.
C. Meetings of members may be h eld at such time and place, either within or
without the State of Colorado, as may be determined by the managers or the person or persons
calling the meeting.
U D. An annual meeting of the members shall be held at a time and place designated
E. Special meetings of the members may be called by the managers or by at least
one-tenth of the ownership interests entitled to vote at the meeting.
F. Written notice stating,g tthe c i and hourof
shah the meeting o m the case of
g purpose for which the meeting is called, shall be delivered not less than ten
(10)days nor more than fifty(50)days before the date of the meeting,either personally or by mail,
by or at the direction of the managers or any other person calling the meeting, to each member of
record entitled to vote at such meeting. A waiver of notice in writing, signed by the member
before, at, or after the time of the meeting stated in the notice shall be equivalent to the giving of
such notice.
G.
defective notice unB s the attenmemding acmee ti g, member waives objection to the lack of notice or
meeting or the transacting of business at the meeting.
A the mmemeetr ing, objects to meeting e holding ofwaives
the
objection to consideration at such meeting of a particular matter not withinthe purpose
esc ied in
the notice unless the member objects to considering the matter when it is presented.e°se described in
H. A majority of the ownership interests in the LLC entitled to vote shall constitute
a quorum at the meeting of members. If a quorum is not represented at any meeting of the
members, such meeting may be adjourned for a period not to exceed sixty (60) days at any one
adjournment;provided,however, that if the adjoumment is for more than thirty(30)days, a notice
of the adjourned meeting shall be given to each member entitled to vote at the meeting
IX. MANAGERS
A. Management and the conduct of the business of the LLC shall be vested in the
managers. The managers may adopt resolutions to govern their activities and the manner in which
they shall perform their duties to the LLC.
B. Managers shall be natural persons eighteen(18)years of age or older.
C. The number of managers shall be one. The number of managers shall be
increased or de creased by the vote or consent of the members. The initial manager shall hold office
until the first annual meeting of members and until his successor has been elected and qualified.
Thereafter, each manager elected by the members shall hold office for a one-year term or until his
r•
JZM/Operating Agmt/6/25/96/jac
or her successor has been elected and qualified.Managers shall be elected by a vote or consent of
the members at an annual meeting or at a special meeting called for that purpose. The initial
manager shall be John W. Zadel.
D. Meetings of the manages may be held at such time and place as the managers
by resolution shall determine
A Written notice of
hours before the e meetings of the managers shall be delivered at least twenty-four (24)
I7t hours the twenty-four perhour sonally, by telecopier, or by mail actually delivered to the manager
no before, at, or after the time of the meeting statederiod. A tver of in the notice, shall be e in quivalent alert byt tthe manager
he giving of
such notice.
unless, By he beginning f meeting,the meeting,amanager waives objection to the lack of notice or defective notice
rh transacting of business at the meeting, the manager objects to the holding of the meeting or the
n
A majority of the managers, if more than one,endued to vote shall constitute a quonun at
the meeting of managers.
All decisions of the manages shall be made by a majority vote of the managers, if more
h than one, at a properly called meeting of the mangers at whicha quorum��
tunanimous written consent-of-the managers. In the event the managers are deadlocked,the
v — majority vote of the ownership interests of the members shall control.
E. The managers shall have the duties and responsibilities as described in the
Colorado Limited Liability Company Act, as amended from time to time with the following
I restrictions:
of the shall execute The managers, or any one of the managers, as designated by resolution
disposition of members,he property any instruments or documents providing for the acquisition
$5,000.00. An afiratve vote of a majorLLC or ity or f the membership ship interest or lending s must the authorize such
actions to be taken.
the managers as design Except
as provided
d in Paragraph IX E. (i), the managers, or any one of
ii. E no edocuments providing for the acquisition, borrowin managers, shall execute r dispositionany instruments the property or
the LLC. g,mortgage,or of the of i.$5,000.00 shall be authorizedii Any debt contracted or liability incurred by the LLC in amounts less that
documents required to beecuted by the LLC shall be signed a resolution of the berthe managers or anyone of the
managers as designated by resolution of the managers.
iv. The managers may designate any one of the managers or delegate an
employee or agent to be responsible for the daily and continu;ng operations of the business affairs
of the LLC. All decisions affecting the policy and management of the LLC,including the control,
employment,compensation, and discharge of employees; the employment of contractors and
subcontractors; and the control and operation of the property, including the perfomtance of
contracts or services of the LLC,and all other matters pertaining to the operation of the business,
except as specifically provided by Paragraph IX E. (i),shall be trade by the managers.
QM/Operating Agmt/6/25/96/jac
v./ the bank account of the LLC and alter or persons designated by the
LLC connection witlrthe business affairs of the make,
liver,accept, or ndorse y draw checks upon
,-, any commercial paper n
F. At all times during
tune,attention, and t all m se to the term of a manager, the
4
shall with reasonable s and use reasonable efforts in managnr shall ghee reasonable
sahall
f said LLCM and power, exert himself or herself for thhe e business
joint interest said
and shall truly andC; and
e diligently pursue the LLC objective. 4 benefit, and
G. Managers,employees, and agents of the LLC shall be endued to be indemnified
' by the LLC to the extent pr-,vided in the Colorado Limited Liability
from time to time, and sl o I be entitled to the advance of expenses, including attorney's fees
defense or prosecution of a claim against Company Act, and amended
gfnt him or her in the capacity of a manager,employee,'1II the
or
aservices the LLC in a fullH. The time ducaring
the period of '
$services
to sal shall be endued to receiveat he is providing l ongoing day to day
$ decrease d Such cma shall be paid as a LLC operating a monthly sal Such salary ary if
time to time b✓a majority vote of the interests f the LLC. be increased
X. BOOKS AND RECORDS
A. The d records of the LLC or atsuch o e place as the managers by vote oe LLC shall
consent shall designate.
be maintained at the principal office of
B. Each member shall at all times have access to the books and records of the LLC
for inspection and copying. Each member shall also be entitled:i. To obtain such information reasonably related to com the e managrs
membership interest
demand for an
hip.interest in the LLC.any Pose ii. To have financial condition and any other info a and full information re
mtarion regarding the affairs j of arding the state of the business and
g sus of the LLC.
for each year prom a m. To have a copy of the LLC's federal,state
P y after they are available to the LLC;and and local income tax returns
render an accountin iv. To have a formal accounting of the LLC off
g just and reasonable. airs whenever circurnstances
The books shall be maintained on a cash basis. The fiscal
be the calendar year. Distributions to income accounts shall
closed and balanced at the end of each calendarbe made year of the LLC shall
by vote or consent of the managers, it shall be year a and,$if the closing date. The managers m. The books shallay
authorize the re any audit is determined to be necessary
public authorize
the preparation of year-end profit-and-loss statements, balance sheet,and tax returns ya
XI. DISSOLUTION
A. The LLC shall be dissolved upon the occurrence of any of the following events:
i. At any time by unanimous agreement of the members;
JZM/Operating Agmt/6/25/96/jac
/
/ Articles of Or n' Upon the expiration of the period fixed ed for the duration of the LLC in its
iii. Upon the death, retirement, resignation, expulsion, ban u tc
dissolution of a member.
P Y, or
elec t io continue the Notwithstanding
business dissol LLC of the LLC under Paragraph may yjn ninety njdays theby the unanimous XI A. (iii), the members
pt (90) after ten unction and by chasi :the d t of theremainingete
Ct expelled, or bankrupt member's ("Withdrawn Member") ee the deceased, retired, members Membership Interest
B. Upon a dissolution of the LLC, the as>ets shall be used and distributed in the
following order:
l.,( i. To pay or provide for the payment of all LLC liabilities to creditors other
tot than members, and liquidating expenses and obligations;
it
n. To pay the reasonable compensation and expenses of managers incurred
in liquidation; and
"I' members in accordance with we mamount
nt then remaining to
_and Colorado Limited Liability statutory scheme for ditribution paid
gquidafionlof the LLC under
4ty Company Act,as amended from time to time.
subject to ArticEe c andotherwise required in the Colorado Limited VII),no member shall have any liability tLiability
st re allll Companyr Act of a
d deficit balance in such member's Capital Account
Y portion a
c C. i. If the members elect to continue the business under Paragraph XI A. for
the retirement, resignation, expulsion or bankruptcy of a member, the purchase price of the
Withdrawn Member's Membership Interest shall be e
account as of the Effective Date, equal o the of the end Member's p fiscal
year, decreased by his or her share of the LLC losses, deductions, and credits computed to the
plus his or her income account as of the of the prior fiscal
Effective Date. The purchase price is subject to setoff for any
Member's wrongful dissolution of the LLC by reason of the Withdrawn Member's expulsion,
retirement, resignation, or Jr rilru tc . damaged for the Withdrawn
members interest shall be governed b The
purchase price and terms of repurchase of a deceased
' by Paragraphs XIV and XVII.
i as a purchase price determined under Paragraph XI C.(i) shall be paid to
the Withdrawn Member
ow
a. 25% of the total purchase price within 30 days of the notice of
intention to purchase;
b. the remaining sums of the purchase price shall be due and
payable in one year.
D. The Effective Date shall be
the date of death of a deceased member, the date of
personal notice is received, or the date the certified mail is postmarked, in the case of a retired,resigned, or expelled member; or the date the notice is delivered to the Withdrawn Member or the
place of official business of the LLC, in case of bankruptcy of a member.
JZM/Operating A g mt/6/25/96/jac
/
/ XII. RESTRICTIONS ON
TRANSFER
No member's interest in the LLC may
whatsoever to any person or firm,whatowniso vetsa jy the LLC without having first been offered
or disposedthe eh r in my manner
interests interestsin the LLC shall be and only upon the written consent of other the other members t the
t other members. C si P edged by any member without thewritten
att no s nt of the None of the
oterm ofbe s E member by executing this q wy con consent of LLC and all
admission lide, and individual member a made pursuant to the terms
of hereby reemnts to thegtransfer me
he provided the individual re y transfer its interest to a uus agreement D and/or
h' mains a trustee ' trust for the member snug a member's
m control of the trust or its family's benefit
shall not A purchaser of a Membership
Interest of the LLC shall not become a member and
members, but sspat be entitled to tr of
te the share wthout the unanimousselling consent of the non-selling
f member would be entitled. gains, losses, deductions, credits
n XIII. OFFER AND
A member desiriong ACCEPTANCE
same to the other members holdingtransfer or dispose of his interest shallfirst offer to sell the
notice to each other member thenon the sa1 interests pursuant by the member desiringto sell Each e such mem rdshallto a right of of have fide w st refusal
e s� byY purchase
� such interest, by tree offer received proportionate
of such amount o of the su event any giving notice of acceptance within
right to
r
suchp Ce with to thirty a
lfails to exeright to such option seto prtionat part o f
day period, the other members shall have the right to
the interest offered to such non-accepting member(s), ' ��
thirty ti day period. For such
o-a this ce agreement t apurchase
a proportionate such shall be determined by within ten m days after expiration interestof excluding from that toal dividing his profit interest purchasing thetmerit interests
rests ofo all
member x who declines to the interest being by also pe total profit interests interest owned
members
offered for offered and t) multiplied dtip the the
owned by b any
sale, In the eventrallinterestowned by the offer mbrisby being
accepting members, the LLC shall thereupon have the right to remaining the interest
of
the offering member. g member not purchased by the
th the offngn In the event the accepting members and thechCe any t punh
off the of a the ember, the offering member shall LLC do r ct vey a interest
terms of the bona fide written offer for a entitled to riod t to osexc exceed
convey . Ifs interest
not consum Hated within such time and on the terms of the bona fide offer, the�members right to
transfer the interest conveyance interest shall be subject o to fare conditions and
suchdays. a sale is
ot
and any applicablethis itions shall termite. Such transfer greem t,
laws.
restrictions of this agreement
XIV. LIFE INSURANCE AND PURCHASE AT DEATH
beneficiary The LLC may obtain insurance on the life of any
LLC for c the ry of the policies. All policies and any proceeds received thereunder
purposes of this Agreement member, naming itself as
any mmber purposes this The LLC a ereundesshall on held by the
s
agreement. If the required to out out its
insurance i under t of
agreemst ent
the time the LLC the elects to purchase insurance polices to fund the purchae of obligations member's
ies and shall,
if requested give m proof death,o LLC shall pay all premiums
premiers. The amount of ursuranceent to the on each member shall 15 days o after cthe e duecdate of each
members.
amount as decided by the
IZM/Operating Agmt/6/25/96/jac
nrn14 IPf`..:•
The LLC shall be the sole owner of any insurance
payment of pzemiums and dividends declared and
beneficiary of such insta paid on the policies and may apply to the
ante policies. policies and the LLC shall be the
A. Upon the death of him. Thethe decedent shall ll ll the decedent's of any interest rest in the LLC now o
purchase price f the d interest may pawned or and the estate or[red[of
by
below. shall be the value as dete caned u hereafter gcquired
venires under Paragraph XdII
re For the
�• ( shall apply to the F the purposes
rp sexecutingofthis agreement, the provisions concerning
PP Y
r
transfer theirinterest into a trust controlled thiss agreement as individuals and if such death memb of a er(s) later
be invoked upon the death of the individual be
r xecutterthis agreement regardless of herein shall
such
interest is held at the time of such member's death.
L The purchase
`ti 30 days after the a purchase
a price a shall be paid in cash to the estate or trust of the decedent within
tc purchase price or upon receipt ofpany personal
proceeds by the LLC, whichever occurs later.
representative of such estate or the determination of the
Such purchase price shall be paid on the following terms.i. an u net procee of any insurance equal
tothe
greater of 25% of the total purchase price of the
net procee is, within 30 ncehe policy
ye ownedof inte by the LLC on th i, the term "t et days any purchase. Forr pur ores life asset forth
proceeds"i et proceeds less any insurance
e ance policy" shall be defined to be p theses gross life
insurance
solely to the LLC's obligation incurred by the LLC or theomembers related
receipt of the insurance proceeds;
equal monthly ii. the remaining sums of the
years after th first payments based due her under with interest on thenpaid amounts e price shall be due and gs adjusleted
in
ear r'tizatior with all unpaid amounts being due 3
on the fu it day of each month at the interest rate of 2% over the Wall Street Journal
existing o a he' last published date of the month being adjusted
immediately prior to th ;interest change prime rate
B. In the event the LLC does not exercise its option to purchase the decedent's
interest or the LLC is legally unable to purchase the deceased member's interest, then in such event
the surviving member(s)has the following options:i.pursuant to this provision, to ideextent l of
th the deceased
is legally� member's interest will be
estate of the decedent shall sell the interest in the LLC now owned or hereafter acquiredpurchased
The remaininog able, the LLC shall purchase and the
member ahall have testright t the tdecedent
ecpuedcha e may
Io a purchased by the suc surviving memb iving by ti e
of acceptance within thirty proportionate amount of such interest, by
days after receipt of notification from the LLC or the deceased
member's representative of the applicability giving notice
member's
such option to of this paragraph. In the event any member fails to
exright to se suchaop a proportionate purchase within such thirty day period, the ,
ten days expiration part of the interest offered to such non-accepting
shall have the
member's afterofsuc shallyre ypriod. For purposes of this Agreement pg member,within
LLC by the proportionate o profits interest re the remdeterminedaining by divide a purchasing
the
member's ta profits
t and also of thermg members (excluding from tattotal the Pthe deceased
member's
profit purchase interest his proportionate excludingthe interest in the LLC owned by an
declinesmember to[ u Inshare) multiplied by profit Y to deceased
who
e LLC and/or the LLC. Inthe event all interest owned b the deceased member is not purchased by
thaccepting members, this paragraph shall be of no further effect. The purchase
JZM/Operating Agmt/6/25/96/jac
,..m. was
a lit
price of the interest shall be
terms shall be the same the value as determined under
as set forth in paragraph XIV Paragraph . below
A. i and ii above, and the payment
provisions of Paragraphii. In the event the interest of the decedent is not
illXI. XIV A. or XIV B., then the LLC shall be Purchas pursuant ro the
ph dissolved pursued ant to Paragraph
C. For purposes of this agreement, any
owned by the LLC on the decedent's life shall not increaec the decedent's capital account
ph decedent's interest is •tot t insurance dc proceeds for line insurance
°l purchased pursuant to either Paragraph XIV A or B.
unless the
XV. OPTION FOR MANDATORY PURCHASE OF
A. Each memberan INTEREST
the LLC upon A.
terms and conditions containedtion to each other member to
mandatory option of this Paragraph
in this Paragraph purchase his interest of
exercise the e to exercise such option aragraph XV shall notifyBt Ph XV. ``e member wembet to
f vc
exerciseleed. Such membees elect and shall set forth the price writing every other member of member". g to exercise such option shall be referred which ttoe option shall be ofire "electing
s
'8 shall have the op of hin 20 days of the notice given e5 in the notice on thepurchase all of fire elec ' by the electing member, the chase in
5 in the tics on within payment h terms set forth below.
s emaini g the purchase all notify sg tet fo to member's i ember and if below. The remaining members shallele the
day period of their intention gmm toer purchase e , all of the t u electing
such interest on the terms theyset intend to purchase the electing member's interest, the
members e shall first be ued tom in this paragraph unless otherwise agreed. Y mlt
continue their respective purchase the interest of the electing member The proportions
member's interest)eirr ant ownership percentages of the remaining in
any remaining g interest(not oproportionate
interest nm°ns to the electing then the de remaining do�not wish to buy counting the electing
the remainder. member's the event interest,any remaining members shall be entitled to purchase
thef
the any member does not wish to buy his proportionate intterre t of
ten e (l electing days to member's sf interest, then the other remainin
ten (10) i sreot, y the electing member of their inter on tobers m rc a ell l o t addicting
purchase all of the electing
PIn the event the remaining members do not notify
to purchase of the electing member's interest within
the o urcht of a allofremainingthin the 20-da the electing eio , member extended their wish
memberent shall member(s)not electing to purchase its proportionate ate interest), the electing
ys on thethen have the right to purchase all of the remainirr
of,the remaining purchase terms set forth below and the electing g member's interest within ten(10)
g members. g member must purchase all the interest
B. For purposes of this paragraph, the
purchase price shall be paid on the
following terms
to purchase; i. 25% of the total purchase price within 30 days of the notice of intention
days. ii. the remaining sums of the purchase price shall be due and payable in 120
,,._. In the event the member giving his tic?`;,:
interest fails to the payment required of intent to purchase the other member's
member fails timely ape all of the non-electing under XV B i
member's interest,rthen m either event, s, in the event the uch
72M/Operating Agmt/6/25/96/jac
defaulting member shall thereupon lose his right to purchase such interest and the non-defaulting
member(s) shall have the right to purchase the defaulting nember's interest (or a proportionat
amount) for an amount equal to the defaulting
amount) times the net book value of ti e LLC as shown on the most recently completed balance
(
g member's interest in the LLC (or a proportionate
sheet of the LLC. Such amount shall be paid within 45 days of the date of default.Ipayment required n i theXV g i of default in the payment of any installment, after the
Street Journal () interest shall thereafter accrue at the higher rate of 2% over the Wall
Streetbalance aerate existing on the date the down payment is made or 15%per annum n t the
unpaid n all unpaid c sum of purchase price until all payments are brought current and at the electiot of the
pprincipal and interest shall be due and payable in full.
XVL SECURITY
As security for the performance of the obligations hereunder, a member purchasing the
interest of another member shall pledge to the selling member all interest purchased and those
owned by the purchasing member. In the event of a default in the obligations of the
member which default shall continue for three (3) months, the withdrawing
entitled to the interest pledged. purchasing
months, the draw In the alternative, in the event of a default contiinuuing for shall
l(3)
payment of the monies owed. bar shall have the right to proceed against the defaulting member for
The members shall execute all documents reasonably required to evidence the transfer of
interest and the pledge of interest
XV , PURCHASE PRICE
Finterest in or the LLC shall boses of radcemh��above and Para
be equal to thepercentage rceh capibelow,tal a member's ownership
oth
total capital accounts for all members at the time of a triggering
t hisunder i ragr ph. to the
Upon the death of any gg�i°g event this paragraph.
deceased member,the remaining member(s)may
party by paying to such party or her legal representative Y Purchase the interest of the
or if agreement as to value cannot be reached itthhi iirrt days after the date when the
determination of such value shall have e agreed value of such interest,
been requested, the following procedures shall control:
A. Within ten days, the parties shall attempt to agree upon a single certified public
accountant;
B. In the event the parties are unable to agree upon a single certified public
accountant, the party or parties whose interest is to be sold and the a
of the parties who are to acquire such interest shall each designate it wrttin
accountant within twenty party or the majority in interest
account public dashallys f then,withi the n
ommencement of the valuationprocess, d th one certified e
cupon the value of the LLC. In the event the tthirty
o edgpublic accountants e date of their rust
ual meeting,o agree
within said thirty day period, they shall themselves appoint a third certified nagree
decision of a majority of the three certified public accountants as to the value of the LLC shall
control and be binding onpublic accountant. The
control shall be value n all farts LLC��� ofed a member's ownership respective ownership interest and discounted for the minors y iv erest, if process cable.multipliedy thst under eir
and purchasing party or parties shall each bear one-half of the costs of the applicable.
valuation. The If any party
fails to timely designate a certified public accountant the other
timely designation may then apply to any District Court Judge for the County of Boulder,
Colorado, to have him appoint party or parties who have made
a certified public accountant for the non-designating party.
JZM/operadng Agmt/6/25/96/jac
The remaining n embers shall have the option to purchase the deceased member's
interest for a period of 60 days after the value is determined. If the remaining members elect to
purchase such interest, they shall assume all the existing LLC obligations and indemnify the selling
member from liability thereon.
For purposes of this paragraph, the purchase price shall be paid on the following
terms:
a) 25% of the total purchase price within 60 clays of the notice of intention to
purchase;
b) the remaining sums of the purchase price shall be due and payable in equal
monthly payment based on a 15 year amortization with all unpaid amounts being due 3 years after
the fast payment is due hereunder adjusted on the first day of each month at the interest rate of 2%
over the Wall Street Journal prime rate existing on the last published date of the month immediately
prior to the interest change date.
XVIII. EXPULSION OF A MEMBER
A. A member shall be expelled from the LLC upon the occurrence of any of the
following events:
i. If a member shall violate any of the provisions of this Agreement
ii. If a member's Membership Interest shall be subject to a charging order
or tax lien, which is not dismissed or resolved to the satisfaction of the managers of the LLC
within thirty (30)days after assessment or attachment.
B. Upon the occurrence of an event described in Paragraph XVIII A., written
notice o expulsion shall be given to the violating member either by serving the same by personal
delivery or by mailing the same by certified mail to his or her last known place of residence, as
shown on the books of said LLC. Upon the receipt of personal notice, or the date of the postmark
for certified mail, the violating member shall be considered expelled, and shall have no further
rights as a member of the LLC, except to receive the amounts to which he or she is entitled under
Paragraph XI.
XIX. BANKRUPTCY OF A MEMBER
A. A member shall be considered bankrupt if the member files a petition in
bankruptcy(or an involuntary petition in bankruptcy is filed against the member and the petition is
not dismissed within sixty (60) days) or makes an assignment for the benefit of creditors or
otherwise takes any proceeding or enters into any agreement for compounding his or her debts
other than by the payment of them in the full amount thereof, or is otherwise regarded as insolvent
under any Colorado insolvency act.
B. The Effective Date of a member's bankruptcy shall be the date that the
managers, having learned of the member's bankruptcy, give notice in writing stating that the
member is regarded as bankrupt under this Agreement, such notice to be served personally or by
leaving the same at the place of business of the LLC. As of the Effective Date, the bankrupt
member sha U have no further rights as a member of the LLC, except to receive the amounts to
which he or the is entitled under Paragraph XI.
JZM/Operating Agmt/6/25/96/jac
XX. RETIREMENT OR RESIGNATION OF A MEMBER
A. A member shall have the right, at any time, to retire or resign as a member of
the LLC by giving three (3) months'notice to the LLC at the LLC's place of business.
B. Upon giving notice of an intention to retire or resign, the Withdrawn Member
shall be entitled to have his or her Membership Interest purchased as provided in Paragraph XI if
the remaining members elect to continue the business of the LLC under Paragraph XI. Upon the
receipt of notice of the remaining members' election to continue the business, the Membership
Interest of the Withdrawn Member in the LLC shall cease and terminate, and the Withdrawn
Member shall only be entitled to the payments provided in Paragraph XL
XXL REPURCHASE OPTION UPON OCCURRENCE OF CERTAIN EVENTS
A. For purposes of this Paragraph, a Triggering Event shall be defined as the
occurrence of the following event:
i. In the event an individual member has transferred his interest to a trust
controlled by such individual as trustee as permitted by Section XII above, upon the individual
ceasing to act as the trustee with control of such trust.
B. Upon the occurrence of a Triggering Event, the LLC may, at its option, and if
the LLC is l.;gally able,purchase from the member of which a Triggering Event has occurred, (the
the"Triggering Member") and the Triggering Member, his representatives and assigns, shall sell all
Member..erIfsuch option is exerest rcised, te he LLC
ned or price of hereafter
acquired by such
the value as
determined under Paragraph XVII above.
The purchase price shall be paid to the triggering Member after the value of the
Triggering Member's interest is determined pursuant to Paragraph XVII above, on the following
terms: i.30 days of the notice of intention an
toamounpurchase;
the greater of 10% of the total purchase price within
ii. the remaining sums of the purchase price shall be due and payable in
monthly payments due on the first day of the month,equal to a 15 year amortization of the amount
financed using an interest rate equal to 9 percent per annum, with all unpaid amounts being due 10
years after the first payment is due hereunder. The purchase l rice may be prepaid in full or in part
at any time without penalty. In the event the LLC sells substo'Bally all its assets or in the event the
surviving member(s) sells more than 51 percent of the outstai ding interests of the LLC to persons
other than those persons owning interest in the LLC at the date of the triggering Event as defined
above, the unpaid amounts owing hereunder shall be due in full. In the event of default in the
payment of any monies owing which default continues for 45 days after written notice of default,
all monies owing shall be due in full and after such 45 day period has elapsed, the unpaid balance
shall draw interest at the rate of 18 percent per annum. In the event of a filing by or against the
LLC for bankruptcy,all sums owing shall be due and payable in full.
C. In the event the LLC does not exercise its option to purchase the Triggering
Member's interest or if the LLC is legally unable to purchase all of the Triggering Member's
interest, then in such event the remaining member(s) may purchase the Triggering Member's
interest under the following teams:
r
JZM/Operating Agmt/6/25/96/jac
- ,/
i. Provided all of the Triggering Member's interest will be purchased
pursuant to this provision, at the option of the remaining member(s), the LLC may
percentage of the interest owned by the Triggering Member and the Triggering
any interest in the LLC now owned purchase a
LLC be int a or hereafter acquired by him. SuchinterestIpurchas shall sell
theshallpercentage as approved by the members of the LLC. The remaining interesturchased the
f
Triggering Member may be purchased by the remaining members who are
agreement. Each such member shall have the right to purchase a proportionate amount of such
interest, by giving notice of acceptance parties to this
the Triggering within thirty days after receipt of notification from the LLC
or8gering Member of the applicability of this paragraph. In the event any member fails to
exercise such option to purchase within such
thirty day period, the other members shall have the
right to purchase a proportionate part of the interest offered to such non-accepting member, within
ten days after expiration of such thirty day period. For purposes of this Agreement a purchasing
member's proportionate share shall be determined by dividing the number of his interest by the
total outstanding interests(excluding from that total the interest of the Triggering Member and also
excluding the interest owned by any member who declines to purchase his proportionate share and
excluding any interest to be purchased by the LLC under this paragraph)
of the Triggering Member. The purchase price of the interst shall the value as the interest
etermined
underB (i)paragrapii)h XVII above and the payment terms shall be the same as set forth in Paragraph
the survry and (member above w be by t e o minimum
inth ou cash paid at the time of purchase by the LLC and
and the purchasing member(s) shall be personally liable for the purchase price of the interest
personally purchased by the member(s)and shall personall tal purchase price of the Triggering Member's interest
any interest purchased by the LLC. Y guarantee the payment by the LLC for
D. In the event the interest of the Triggering Member is not purchased pursuant to
the provisions of Paragraph XXI B or C the LLC shall purchase all interest of the Triggering
Member if it is legally able, but if not legally able, the Triggering
of the LLC and all interest shall remain subject to the terms of tis agreementpand the repurr repurchase
option set forth in this Paragraph remain a member
XXI shall lapse as to the Triggering Member.
..----
XXII. COLORADO LA W
This Agreement and all questions arising under it shall be determined in accordance with
the laws of the State of Colorado.
XXIII. NOTICE
Whenever under this Agreement, notice is required to be given, it shall be given in writing,
and if such notice is served by certified mail,is posted. Notices shall be addressed to it sthhe respective parties aave t addresses ss s listed on the
LLC's books.
XXIV. ACKNOWLEDGMENT OF INVESTORS
Each member who is or becomes a party to this agreement acknowledges that he is a
resident of Colorado, that he is acquiring the membership interest for investment
for his own account, and that he does not intend to sell such interest in the LLC in the foreseeable
future; that he is aware that his investment in the LLC is strictly a speculation, ndrposeh only,
afford any loss he might suffer as a result of acquiring thatheis and that that can
interest in the LLC of the LLC may be classified as a restricted security
cq g such interest; that aware the
resold without a federal exemption from registration, or registration o the securi that ty at tthheytime of
sale; and that he has reviewed and understands the nature of the business and proposed business of
the LLC to his satisfaction, and that no member, or agent of the LLC has made any representations
JZM/Operating Agmt/6/25/96/jac
to him as to how much the value of such interest in the LLC might increase or how much income
might be realized by the LLC.
XXV. BENEFIT
This Agreement shall bind and extend to the heirs,representatives, successors and assigns
of the parties hereto, including their creditors.
XXVI. ATTORNEY'S FEES.
In the event any party hereto initiates legal proceedings to interpret or enforce any t .rm of
this Agreement, the prevailing party shall be entitled to an award of attorney's fees and costs
incurred.
XXVII. PRIOR AGREEMENTS
This Agreement supersedes all prior agreements and no amendment of this A
be effective unless set forth in a written amendment signed by all the members and theL LC. shall
IN WITNESS WHEREOF, the parties have executed this Operating Agreement on the date
and year first written above.
JZM,LLC
By r/
.- J .Zadel
By r
Mary C adel
STATE OF COLORADO
COUNTY OF BOULDER ) ss.
•
• The foregoing instrument was acknowledged before me this
b u 1996 by John W. Zadel and Maryday C. Zadel.
My commission expires:
•
Witness my hand and official seal.
Notary Public
JZM/Operating Agmt/6/25/96/jac
WELD Cl JNTY ROAD ACCESS INFORMAT. .4 SHEET
Weld County Department of Public Works
111 H Street, P.O. Box 758, Greeley, Colorado 80632
Phone: (970) 356-4000, Ext. 3750 Fax: (970)304-6497
Road File#: Date:
RE#: Other Case#:
1. Applicant Name John Zadel Phone (970) 539-1083
Address 4200 WCR 19 City Fort Lupton state CO Zip 80621
2. Address or Location of Access Portion of the South Half
Section 10 Township 1 Range 67 Subdivision Block Lot
Weld County Road #: WCR 19 Side of Road East Distance from nearest intersection ±2000'
3. Is there an existing access(es)to the property? Yes No X # of Accesses
4. Proposed Use:
❑ Permanent U Residential/Agricultural ❑ Industrial
❑ Temporary • Subdivision ❑ Commercial ❑ Other
***************** *****»************************************************* ************************
5. Site Sketch
Legend for Access Description:
AG =Agricultural
RES = Residential WCR 12
O&G = Oil&Gas
D.R. = Ditch Road
O = House
O = Shed
= Proposed Access `� N
C
r. -
= Existing Access 3
Proposed Access /1\
to internal Subdivision
Roadway(Distant Thunder Road)
WCR 10
NT
*******************************
OFFICE USE ONLY:
Road ADT Date Accidents Date
Road ADT Date Accidents Date
Drainage Requirement Culvert Size Length
Special Conditions
❑ Installation Authorized ❑ Information Insufficient
Reviewed By: Title:
Distant Thunder P.U.D.
Final Plat Application
Statement of Compliance
Applicant: John Zadel— Distant Thunder P.U.D.
Planner: Jacqueline Hatch
Legal Description: Portion of the S1/2 Section 10,TIN, R67W, Weld County
Location: East of and adjacent to CR 19; 1 mile South of Hwy 52
This proposal is for a 81.25 +/- acre Planned Unit Development, which is, situate
approximately East and adjacent to Weld County Road 19, 1/4 mile North of Weld
County Road 10. This P.U.D.proposal will be a covenant-controlled development
consisting of 9 single-family residential lots (zoned P.U.D.). The residential lots will
average approximately 3.4 acres in size with a traditional wood framed house of one and
two stories. The P.U.D. will provide approximately 48.65+acres of Open Space (No
residences shall be allowed on the Open Space Lot) owned and maintained by the
Homeowners Association.
The Weld County Board of Commissioners granted a change of zone from A (Agricultural)
Zone District to a PUD (Planned Unit Development) Zone District subject to conditions.
Each condition has been fulfilled. A description of how the Final Plat meets each criterion
accompanies the condition.
Condition A:
A sign with a graphical representation of the subdivision should be placed at the
entrance to the subdivision. To address this concern, the applicant shall submit a set
of sign standards as required by Section 27 -6-90.E.1 of the Weld County Code for
review and approval.
Distant Thunder P.U.D. will have a subdivision sign. The sign placement is within
a landscape easement on the North side of the intersection of Distant Thunder
PUD and WCR 19. The sign plan was submitted for review and approved by the
Department of Public Works.
Condition B:
Weld County's "Right to Farm" as provided in Appendix 22-E of the Weld County
Code, shall be indicated on the plat.
In addition to providing the "Right to Farm" on all recorded plats, the Distant
Thunder PUD Covenants include the clause under Article III3.15.
Distant Thunder PUD Final Plat Statement October 12,2006 -1 -
Condition C:
The applicant shall address the requirements of the Department of Planning Services
landscape referral received August 4, 2003. Evidence of such shall be provided to the
Department of Planning Services.
The requirements of the landscape referral have been addressed. The requirements
asked for specific information regarding the cultivars of plant types, which have
been listed. The seed method, rate and propagation of the seed mix were also
requested and provided on the plan. Additional information pertaining to the
construction of the PUD signage was also requested In response the signage plan
was modified and detailed to address issues such as attachment of pre-cut lettering,
construction of the internal core, footing depth, wall batter, reinforcement and
material type and color. The referral requested detailed plans for a student bus-
stop shelter and mail kiosk. Because the school district will not require a bus pick-
up lane a bus shelter will not be built A mail kiosk will be placed along Distant
Thunder Road. A mail kiosk will be purchased from the post office by the
developer. The post office will help determine placement. The referral also requires
culverts and driveway crossings at the swale between the Distant Thunder Road
and the residential properties be shown graphically on the landscape plan. The
swale is no longer incorporated into the landscape plan, however, the culverts are
specified within the engineer's plan set The Final comment pertains to the
Wetlands. These wetlands are unmapped and non jurisdictional and resulted from
a broken watermain. The main has since been repaired and the "wetlands" are
naturally drying up. The requirements of the Department of Planning Services
stated in the landscape referral have been addressed.
Condition D:
The applicant shall address the requirements of the City of Dacono as outlined in the
referral received August 22, 2003. Evidence of such shall be provided to the
Department of Planning Services.
The requirements of the City of Dacono have been met and addressed. These
issues have been formalized in an agreement recorded March 15, 2004 at Reception
No. 3161681 between applicant and the City
Condition E:
The applicant shall provide evidence of an attempt to obtain a signed and recorded
agreement with Kerr-McGee Rocky Mountain Corporation. Evidence of such shall be
provided to the Department of Planning Services.
The applicant has succeeded in obtaining an agreement with Kerr-McGee. The
Agreement was signed by both parties and recorded April 18, 2005 at Reception No.
3278280.
Condition F:
The applicant shall address the requirements and conditions of the Weld County
Sheriffs Office as outlined in the referral received September 16, 2003. Written
evidence of such shall be provided to the Department of Planning Services.
The requirements of the Sheriffs Office have been addressed as indicated by Ken
Poncelow.
Distant Thunder PUD Final Plat Statement October 12,2006 -2-
Description of On-site Uses:
Lot use from the Covenants, Article III 3.1, "A lot may be used only for one single-
family dwelling. The primary residential building must include as a part thereof a
garage, or if a garage is not included as a part of the residence, then a separate garage
structure shall have similar architectural design and exterior design and appearance
consistent with that of the residence accommodated thereby. " And from Article III 3.2,
"Size: The dwelling space of the residence, exclusive of the garage and open porches,
shall contain a minimum of 1,800 square feet for one-story homes and 2,400 square feet
for two story homes offinished non-basement living space. The maximum height of the
residence and any accessory building is not to exceed thirty (30)feet. "
Open space uses: Approximately 49 acres of Open Space will be designated with this
P.U.D.for the benefit of the owners. The open space is intended to help maintain the
natural integrity of the land. Each homeowner will have the opportunity to use the Open
Space. The Home Owner's Association will maintain the Open Space.
Additional uses and restrictions are listed in the Distant Thunder Covenants.
Adherence to Development Guide:
DEVELOPMENT GUIDE REQUIREMENTS
Major Components of the Development Guide
6.3.1 Component One-Environmental Impacts
Noise and Vibration-No noise or vibration is anticipated,other than normal occurrences,within in this
development. The Homeowners Association shall have the ability to site and address(within their power)
any complaints of noise or vibration within this P.U.D.
Smoke,Dust and Odor-Reseeding shall take place after construction in order to limit blowing dust.
Erosion control and dust control methods will be used during and after construction to limit blowing dust.
No smoke or odors are anticipated being a problem within this development other than what is created due
to agricultural activities.
Heat,Light and Glare-We feel that these particular impacts are not applicable to this development. This
development is of like development within the area. It is generally at the same elevation as the surrounding
areas therefore it will not be on top of a hill to cause problems such as glare from windows or bright lights
that can be seen for miles. Individual homes shall use standard illumination which will limit the extent of a
possible lighting nuisance. Home illumination standards can be addressed through the restrictive covenants
of the P.U.D.
Visual/Aesthetic Impacts-This development will be compatible with surrounding development in that it
will contain relatively the same densities and style of home and out buildings. Utility lines will be
underground. Landscaped areas along with open space will give this development a rural atmosphere
which will fit well with residential and agriculture activities in the area. We feel that this proposal will
enhance the immediate area instead of creating negative visual or aesthetic impacts.
Distant Thunder PUD Final Plat Statement October 12,2006 -3-
Electrical Interference-This particular impact should not be a problem within this P.U.D. Typical
household appliances are expected such as cordless phones,garage door openers and cellular phones.
Water Pollution-Septic systems shall be installed per Health Department regulations,which will dismiss
and/or minimize any ground water contamination.
Waste Water Disposal-Each lot will contain an individual sewage disposal system as installed per Weld
County Health Department regulations and/or specifications.
Wetland Removal-This site has one small wetland area along the North boundary of proposed Lot 3.
There is no plan in place to remove the wetland. Rather the applicant would like to leave the wetland as is.
Due to the size of Lot 3,the wetland will not interfere with any of the proposed improvements for this site.
Erosion and Sedimentation-Erosion control and reseeding methods will be used during and after
construction. The restrictive covenants will address animal units per lot and the practice of grazing to
minimize erosion problems as well as dust control.
Excavating,Filling and Grading-Normal excavation shall occur during infrastructure installation and
the construction of homes. Construction activities shall be in accordance with standard procedures as well
as Weld County Public Works regulations.
Drilling,Ditching and Dredging-These impacts do not apply to this development.
Air Pollution -This should not be a factor for this development. Only residential development will occur,
therefore pollution,which can be associated with heavy commercial,or industrial uses will not be present.
Solid Waste-This impact does not apply to this development.
Wildlife Removal-Currently,we are not proposing any type of wildlife relocation program. Certain
wildlife will relocate on their own due to the development of this property. Much of the wildlife will stay
or frequent the development due to the proposed acreage of the lots and the amount of open space to be
retained. Exotic or endangered species are not present on the site.
Natural Vegetation Removal-Minimal disturbance of the natural vegetation shall be enforced during
construction. Areas that are disturbed shall be reseeded after construction is completed.
Radiation/Radioactive Material-These impacts do not apply to this development.
Drinking Water Source-Domestic water shall be supplied by Central Weld County Water District.
Please see attached letter received from the Water District.
Traffic Impacts-The low density proposed for this development should have minimal impact on the
surrounding County and State road systems. Adequate County roads are adjacent and/or available to this
development. Public Works, in a referral response received August 31,2001, indicated that the developer
will not be required to submit a Traffic Impact Study.
6.3.2 Component Two-Service Provision Impacts
Schools-This proposed development would be within the Weld County School District(RE-8). We feel
that with the 9 lots proposed for this development,a minimal impact will occur regarding the school
district. A referral was received from the school district and they had no conflicts with this development.
Please see attached letter regarding school district impact fees and agreement.
Distant Thunder PUD Final Plat Statement October 12,2006 -4-
Law Enforcement-This P.U.D.will be served by the Weld County Sheriffs Department for protection
and safety. We are assuming that no additional patrols will be needed for the additional 9 lots proposed.
Fire Protection-The Ft. Lupton Fire Department will serve this development. It is our intent to meet the
Fire District's needs for fire hydrant placement,and Residential Sprinkler Plans. Please see the attached
letter regarding fire hydrant placement. Construction shall comply with all codes as adopted by the Weld
County Board of Commissioners.
Ambulance-Ambulance service will be provided by Weld County Ambulance. The Ft.Lupton Fire
Department as well as Air Life of Greeley will provide additional emergency service. Again,we feel that
with the additional 9 lots proposed,minor impact shall occur regarding Ambulance service. Law
Enforcement,Fire Protection and Ambulance services are based on an as needed basis.
Transportation-Weld County Road 19 is adequate in classification,width and structural capacity to
handle the minimal traffic impact as proposed with this development.Public Works has indicated that the
existing roads can support the expected increase in traffic.
Traffic Impact Analysis-Public Works,in a referral response received August 31,2001, indicated that
the developer would not be required to submit a Traffic Impact Study.
Storm Drainage. See attached Drainage Plan and Study.The natural drainage for this site generally flows
east to west to the existing barrow ditch along Weld County Road 19. The terrain is relatively flat
consisting of 0%to 3%slopes. The steeper terrain takes place mid way on the property. New drainage
facilities will consist of minor rerouting of immediate historical drainage patterns utilizing barrow ditches
along with installation of culverts under the proposed road and/or driveways as required. Due to the soil
types,area of open space and the size of the proposed lots, it is not believed to impact the existing drainage
significantly. Slight increase in runoff is expected due to channelization and increased imperviousness due
to new construction. However,the increase would appear to be insignificant.
We recommend storm water continue to flow overland to the west utilizing new and existing barrow
ditches. Due to the size of the lots,area of the open space,and the expected slight increase in storm water
runoff,we do not anticipate the need for additional detention facilities. Standard barrow ditches along the
proposed road should be adequate to carry all'runoff. All structures should be raised above surrounding
grade a minimum of two(2)feet to prevent flooding due to irrigation and storm water.
Utility Provisions. Please see attached letters from Public Service(Electric)and Central Weld County
Water District(Domestic Water). Quest(Telephone)is in the process of supplying a will serve letter and
contract. We will submit their letter as we receive it.
Water Provisions. Please see attached letter from Central Weld County Water District.Central Weld
County Water District shall provide public water for this development. There is an existing water main
within Weld County Road 19. This development will be required to tie into this water main and extend it
into the subject property to service all lots. Each lot shall have an individual tap.
Sewage Disposal Provisions. The Health Department has indicated that an individual on lot septic system
will be adequate for the type of use and size of the proposed development. The nine(9)residential lots will
install engineered individual on lot septic systems per Weld County Health Department regulations and/or
specifications.
6.3.2 Component Three -Landscaping Elements
Please see attached Landscape Plan. The open space proposed for this development will be re-seeded into
native grasses in the attempt to preserve water,yet give the development a mature agricultural and natural
look. Evergreen and Ash trees exist within the open space to the South,not only for esthetic purposes but
also as a buffer or natural screening between this development and the uses to the South. We are proposing
Distant Thunder PUD Final Plat Statement October 12,2006 -5-
an entrance sign for this development. Vegetation will be planted at the entrance of the subdivision for
esthetic purposes.
No treatment for the perimeter is proposed with this development other than what exists or is shown on the
Landscape Plan.
Landscaping proposed for this development will be virtually maintenance free. Native grasses will be used
for Open Space ground cover which will require no watering other than Mother Nature. Trees will be used
which also require little to no additional watering once the tree has been established. As mentioned
previously,numerous evergreen and ash trees exist along the South boundary,which are established and
require no additional watering. The developer/landowner will be responsible for the care of the native
grasses and trees until such time the Homeowner's Association is in place and can assume the
responsibilities of the care and maintenance.
Please see the attached improvements agreement,which contains the cost and planting schedule for said
landscaping elements.
6.3.4 Component Four-Site Design
Please revert back to the beginning of this narrative that identifies consistencies and compatibility's as it
relates to the Comprehensive Plan and the existing uses surrounding this development.
This development does not fall within an Overlay District as identified by maps officially adopted by Weld
County.
6.3.5 Component Five-Common Open Space Usage
Approximately 47.6 acres will be provided for private open space for the use of the inhabitants of this
development. This area will be private and not available for public use but should be viewed as open space
provided to the public to ensure continued agricultural activities and enhance visual impacts of the
development. The open space will be owned and maintained by a Homeowner's Association that will be
established before any lots are sold.
6.3.6 Component Six-Signage
We are proposing an entrance sign for this development. Please see attached Landscape Plan for location
and size. A stop sign along with a street name sign will be erected at the entrance of the P.U.D.
6.3.7 Component Seven - M.U.D. Impact
This proposed P.U.D. does not apply to an M.U.D.
6.3.8 Component Eight-Intergovernmental Agreement Impacts
The PUD is located within the Frederick, Firestone, and Dacono IGA area. A signed agreement
between the applicant and the City of Dacono was recorded March 15,2004 at Reception No. 3161681
addresses the concerns of Dacono and this proposed PUD.
Distant Thunder PUD Final Plat Statement October 12,2006 -6-
Conclusion:
Through out the review process the applicant has tried to accommodate all concerns of
the Department of Planning and the Referral Agencies. Distant Thunder P.U.D. strives to
meet the requirements as set further by Weld County and does so greatly. There is every
intention to meet with and address the concerns of those who have expressed interest in
this P.U.D. In addition each of the requirements from the Change of Zone Resolution has
been met. The uses of Distant Thunder P.U.D. have consistent throughout the process
and are compatible with the surrounding area. Care has been taken to recognize and
follow design guidelines in multiple components of planned land use and construction. It
is our strong belief that the requirements of the Change of Zone and the P.U.D. process in
general have been met at or above Weld County Standards.
As always, if you should have any questions, concerns or desire additional information
regarding this Planned Unit Development Final Plat submittal, please feel free to call me at
(970) 669-0516.
Sincerely,
INTERMILL LAND SURVEYING, INC.
Jarvis Fosdick
Project Manager
Intermill Land Surveying, Inc.
1301 North Cleveland Ave.
Loveland, CO 80537
Phone: (970)669-0516
Fax: (970) 635-9775
Intermill@qwest.net
Distant Thunder PUD Final Plat Statement October 12,2006 -7-
Distant Thunder P.U.D.
Estimated Development Costs
November 8, 2006
The following is the estimated costs for the development of Distant Thunder P.U.D.
1. Lot grading, Street grading and street preparation $ 4,960.00
2. Street paving as per specifications including base $38,440.00
3. Water main line installation including services $ 6,300.00
4. Fire hydrants (2) including installation $ 7,000.00
5. Surveying and lot staking lump sum $ 2,500.00
6. Street signs and stop sign including installation $ 250.00
7. Landscaping and reseeding lump sum $ 2,500.00
8. Road culvert including installation $ 1,500.00
9. Telephone conduit installation $4,500.00
10. Electrical transformers and cabling $ 5,400.00
11. Engineering and supervision costs $ 2,500.00
Total estimated costs $75,850.00
Please see attached proposed method of financing of the construction costs
Distant Thunder P.U.D.
Functional Roadway Classification
Applicant: John Zadel— Distant Thunder P.U.D.
Planner: Chris Gathman
Legal Description: Portion of the S1/2 Section 10,T1N, R67W, Weld County
Location: East of and adjacent to CR 19; 1 mile South of Hwy 52
"One copy of evidence from the appropriate jurisdiction stating that the street and/or
highway facilities providing access to the property are adequate in functional
classification, width and structural capacity to meet the traffic requirements of the uses of
the proposed zone district. "
• Adequate County roads are adjacent and/or available to this development. Public
Works, in a referral response received August 31, 2001, indicated that the
developer will not be required to submit a Traffic Impact Study.
• Weld County Road 19 is adequate in classification, width and structural capacity
to handle the minimal traffic impact as proposed with this development. Public
Works has indicated that the existing roads can support the expected increase in
traffic. See referral received by Planning Services August 11, 2003.
• Item 2.e of the Corrected Resolution of the Grant of Change of Zone #600 finds
that"Street or highway facilities providing access to the property are adequate in
functional classification, width and structural capacity to meet the traffic
requirements of the uses of the proposed PUD Zone District."
• 45-feet of additional right of way has been requested by the City of Dacono and is
shown for dedication on the final plat.
Roadway Functional Classification July 28,2006 Page 1 of 1
Distant Thunder, P.U.D.
Construction Schedule
November 8,2006
The proposed construction schedule for Distant Thunder,P.U.D. and the stages for the
development are as follows:
1. February,2007- Survey staking for lot grading
2. February,2007—Lot grading as may be necessary
3. February,2007-Survey staking for the street grading including cut and fill
4. March,2007—Installation of the water main,water services and fire hydrants.
5. March,2007—Installation of the road culvert
6. April,2007—Installation of necessary sleeving under the road way for electrical
and telephone cabling
7. April,2007—Road sub grade preparation, including grade staking, compaction and
grading of the sub grade to plus or minus .10 inch
8. May,2007—Paving of the inter road and cul-de-sac as per specifications
9. May, 2007—Installing the gravel shoulders on the road way
10. June,2007—Installing street signage as required
11.June,2007—Installing subdivision sign monument
12.June,2007—Installing the landscaping and reseeding as per the plan
13. July, 2008—Installing the Post Office mail box kiosk
14. July,2007—Final clean up of the subdivision
Construction time frame to start approximately February,2007 and completion of the
project in July of 2007
August 9, 2006
Attn: Weld County Department of Planning Services
RE: Statement of method of financing Distant Thunder P.U.D. development
To Whom It May Concern:
The financing of the development construction for Distant Thunder P.U.D. will be with
my personal funds.
Sincerely,
Owner(s) JZM, LLC:
dif
ohm W. el as President
Report Date: 11/09/2006 10:55AM WELD COUNTY TREASURER Page: 1
CERTIFICATE OF TAXES DUE CERT#:21376
SCHEDULE NO: R8613300 ORDER NO: S0161957
ASSESSED TO: VENDOR NO: 9
JZM LLC SECURITY TITLE OF GREELEY
4200 COUNTY RD 19 3690 W 10TH ST, 2ND FLOOR
FORT LUPTON, CO 80621 GREELEY CO 80634
LEGAL DESCRIPTION:
S2 10-1-67 EXC BEG W4 COR SEC S70' N89D46'E 2566.48'N0D06'W 65'TH W TO BEG ALSO EXC 52SW4
(3.04R3D) SITUS:WELD
PARCEL: 146910000012 SITUS ADD: WELD
TAX YEAR CHARGE TAX AMOUNT INTEREST FEES PAID TOTAL DUE
2005 TAX 213.94 0.00 0.00 213.94 0.00
TOTAL TAXES 0.00
GRAND TOTAL DUE GOOD THROUGH 11/09/2006 0.00
ORIGINAL TAX BILLING FOR 2005 TAX DISTRICT 2234-
Authority Mill Levy Amount Values Actual Assessed
WELD COUNTY 17.900* 68.55 AGRICULTURAL 13,176 3,830
SCHOOL DIST RE8 18.399 70.47 ----_
NCW WATER 1.000 3.83 TOTAL 13,176 3,830
CWC WATER 0.000 0.00
FORT LUPTON FIRE 8.922 34.17
AIMS JUNIOR COL 6.357 24.35
WELD LIBRARY 3.281 12.57
TAXES FOR 2005 55.859` 213.94
Credit Levy
FEE FOR THIS CERTIFICATE 10.00
ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER
OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE
CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY AND MOBILE HOMES-AUGUST 1,
^ REAL PROPERTY-AUGUST 1. TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIERS CHECK.
SPECIAL TAXING DISTRICTS AND THE BOUNDARIES OF SUCH DISTRICTS MAY BE ON FILE WITH THE BOARD OF COUNTY
COMMISSIONERS,THE COUNTY CLERK,OR THE COUNTY ASSESSOR.
This certificate does not include land or improvements assessed under a separate account number,personal property taxes,
transfer tax or misc.tax collected on behalf of other entities,special or local improvement district assessments or
mobile homes,unless specifically mentioned.
I,the undersigned,do hereby certify that the entire amount of taxes due upon the above described parcels of real property and all
outstanding sales for unpaid taxes as shown by the records in my office from which the same may still be redeemed with the amount
required for redemption are as noted herein.In witness whereof,I have hereunto set my hand and seal this 09th day of November,2006.
TREASURER,WELD, DONALD D. MUELLER,BY:
P.O. l ,CO /l5 lUL—
Greeley, O 80632
(970)353-3845 ext.3290 �'
DISTANT THUNDER
DESIGN GUIDELINES
Distant Thunder P.U.D.Association is the name of the homeowner association. Distant Thunder
P.U.D. is a quality development which will consist of single family residential community.
The Overall appearance of Distant Thunder is intended to be neat, uncluttered, and spacious with a
country feel. The goal of architectural standards is to establish a broad framework within which
quality of design will be ensured, while giving full range to the creative abilities of the architect.
ALL CONSTRUCTION THAT IS UNDERTAKEN ON THE PROPERTY, WHETHER NEW
BUILDINGS, SITE CONSTRUCTION, OR CHANGES TO EXISTING FACILITIES SHALL
BE SUBJECT TO REVIEW AND APPROVAL UNDER THESE STANDARDS.
SCOPE OF DESIGN REVIEW
No structure, including but not limited to residences, outbuildings, barns, storage sheds, dog
houses, stables,paddocks, antennae, flag poles, fences, walls,house numbers, mail boxes, exterior
lighting, swimming pools, tennis courts, spas, irrigation systems,jungle gyms,tree houses, or
other improvements("Improvements) shall be constructed or maintained upon any Lot,nor shall
any alteration, nor shall any replat of any Lots,nor shall any repainting to the exterior of a
structure be made,nor shall any landscaping be performed unless complete plans and specifications
therefore, showing the exterior design, height, building material,and color scheme shall have been
submitted to and approved in writing by the Design Review Committee (DRC).
DESIGN REVIEW COMMITTEE
Homes which are to be built in Distant Thunder community which has architectural guidelines
and covenants which are at least as restrictive as the association will be required to submit plans to
the Declarant and the Distant Thunder Homeowners Association Design Review Committee
(DRC).The DRC functions under the Distant Thunder P.U.D. Association Board (Board). The
DRC will be composed of three people.
The Committee shall exercise its best judgment to see that all Improvements, construction,
landscaping, and alterations of lands and structures thereon within Distant Thunder P.U.D.
conform to and harmonize with existing surroundings. The Committee shall not he liable in
damage to any person submitting a request for approval or to any Owner within Distant Thunder
P 1 F.D by reason of any action. failure to act. approval, or disapproval with regard to such
request 1pproyals by the Committee are related to the aesthetics and no pans shall rely upon
such approvals as certifying structural integrity, safety, engineering soil conditions, or absence of
natural hazards and the Committee shall have no liability for any defects in the structural integrity,
engineering, or soils conditions or from effects of natural hazards.
Regardless of any approval granted by the Committee, if any Improvements are made in Distant
Thunder P.U.D. which does not comply in every respect with the Architectural Guidelines,then the
Committee may require removal of the nonconforming Improvements. If the nonconforming
Improvements are not timely removed as required by the Committee, then the Committee or the
Board (or their agents)may enter the Property and/or Lot and remove the nonconforming
Improvements and the Board will assess the Owner for any associated costs. If any of the above
listed activities are commenced without the approval of the Committee as provided herein, the
Owner also shall be subject to a fine of$200.00 per day for every day the violation exists,which
fine shall be paid to,and the collection of which as a penalty assessment, shall be enforced by the
Board.
If the Committee denies, imposes conditions on, or refuses approval of a proposed Improvement,
the Applicant may appeal to the Board by giving written notice, certified,return receipt requested,
of such appeal to the Board. The Board shall hear the appeal within forty-five (45) days of
receipt of notice.
Other Conditions
Approval of plans by the Distant Thunder shall not be deemed to constitute compliance with the
requirements of any local, state, or federal building, zoning, safety, health, or fire codes. It shall
be the responsibility of the owner or his duly authorized representative to assure such compliance.
Nor shall the Distant Thunder approval waive any requirements or restrictions contained in these
guidelines, unless such waiver or variance is specifically requested by the owner, approved by the
DRC, and may properly be granted by the Distant Thunder and approved by regulating authority.
The covenants shall remain in force as the legal restrictions governing all construction.
Approval of plans is valid for twelve (12)months. Construction must begin within this period. If
not,plans must be resubmitted and reviewed again without further submittal fees. Submittal of a
different dwelling on the same lot requires another review fee.
The committee reserves the right to waive or vary any of the procedures or standards set forth all
natural surface drainage, whether off site or on site, shall always be permitted to freely pass
through all Lots as required in order to reach its natural destination.
Grading and Drainage
All improvements shall be designed to minimize grading. When necessary, cut and fill slopes
shall be kept to a maximum slope of 3:1. Steeper slopes will be permitted only when
approved by Owner's soils engineer when excessive disturbance would otherwise result.
Grades shall he "rolled back" into existing slopes with no sharp contrasts No grading shall
extend he ond existing lot lines. R here disruption or re-alignment of existing drainage
courses must occur. reconstruction shall be done in a naturalized manner. allow,Mg eater to
percolate and tlovs in a non-destructik e course. Cult erts or other drainage structures shall
he detailed. Drainage and erosion shall not negatively affect neighboring tots; if such
condition exists, Owner will be required to correct.
2
Building Location, Setbacks, and Driveways
r-
All construction for the main residence shall be built within the building envelope established
for that particular site.Building envelopes are indicated on the pot plan. All construction on
any site shall be built within the setbacks established by the filed plat.
OUTBUILDINGS:At a minimum: side setback-25',rear-25'
Access to each residence shall be via private driveway or public road.Driveway shall be
sited to minimize earthwork and shall not exceed 5%slopes, except where short pitches up to
10%will lessen site impact and improve access.
Finished driveways shall be concrete, asphalt, or approved masonry pavers to a minimum
width of 12 feet. Driveway shall extend from the property line to the edge of public road
paving.
Retaining Walls
Retaining walls shall be a maximum of 4'in height(unless a variance is approved)and shall
be constructed of natural stone, unit masonry,or timbers.
Heating and Cooling Units and Solar Panels
Heating and cooling units shall not be installed nor allowed to remain on the roof of any
building or structure.
Solar panels are not allowed on roofs. Use of any other solar panels must be approved by
Association.
Floor plans
A. "Floor Plans" at a scale of 1/8" =I'D or larger. The floor plans shall show exterior
dimensioning, including the size and location of all exterior openings.
B. "Roof Plan(s)" at the same scale as the floor plans.
C. All "Exterior Elevations" at the same scale as floor plans and indicating both existing and
final grades, finish floor elevations and roof elevations. Exterior materials shall be shown
on the elevations. Exterior colors may be shown on the elevations or on separate schedule
at the owner's option.
Although the initial builder is not required to submit landscaping plans if the builder is
doing no landscaping, any retaining walls, barras, or other such planned improvements or
landscaping which the builder is providing must be shown.
E. Fill out and submit a Design Review Submission form.
3
F• Payment must be included with Submittals or Submittal will not be reviewed.
ARCHITECTURAL AND SITE STANDARDS
Sight Distance at Intersections
No structure, fence, wall, hedge, or shrub planting which obstructs sight lines at elevations
between two (2)and six 6) feet above the roadways shall be placed or permitted to remain on any
corner Lot within the triangular area formed by the street property lines and a line connecting
them at points twenty-five (25) feet from the intersections of the street lines, or in the case of a
Rounded property corner, from the intersection of the street property lines extended. No tree shall
be planted within such distances of intersections unless the foliage line is maintained at sufficient
height to prevent obstruction of sight lines.
Erosion Control and Surface Drainage
During all site disruptions, techniques for controlling erosion within the site and onto other sites
shall be used. Revegitation shall begin as quickly as possible after soil disruption, and shall be
well established pursuant to landscaping requirements.
The Owner shall implement erosion control measures to stabilize the Lot during construction and
prior to landscaping to protect the Lot from erosion and to prevent erosion of the Lot and runoff
from the Lot from flowing onto the streets, adjoining Lots, and public or common areas. The
Owner shall implement and maintain erosion control measures following construction and
landscaping if necessary to protect the Lot from erosion and to prevent erosion of the Lot and
runoff from flowing onto the streets,adjoining Lots, and public or common areas.Herein at its
discretion, for good cause shown.
Neither the DRC nor its assigns shall be liable in damages to anyone submitting plans to them for
approval,or to any owner by reason of mistake in judgment,negligence or nonfeasance arising
out of; or in connection with, the approval or disapproval or failure to approve any plans or
specifications. Every owner or other person who submits plans to the DRC for approval agrees,
by submission of such plans and/or specifications,that he will not bring suit against the DRC to
recover damages.
PROCEDURE
After preparing detailed plans (See Submittal Requirements), the owner shall submit two sets of
site plans, two sets of building plans. two Design Review Submission Forms. and the appropriate
fee
Plan, ,hall he hand delivered to: I/N,1 (,lohn W. Lade)I at 4200 Weld Counts Road 19.
Ft l Upton. CO
4
The DRC will review the plans submitted and will provide a written response no later than 2 1
days after the submittal If major compliance issues exist, the owner will be asked to resubmit the
plans following revisions. The initial fee will cover the first submission review and one (I)
resubmission review. If non-compliance still exists, a re-submittal fee will be charged per fee
schedules.
SUBMITTAL REQUIREMENTS
The first submittal for each different model a builder is building must include all of the following;
however, subsequent submittals for the same model may be limited to the Site Plan, Color
Selection,and Identification of the model being proposed, with plans only being resubmitted if
there are significant changes to the exterior such as, but not limited to, the addition of porches,
dormers, etc.)
All plans shall be of the same sheet size and shall include the following:
A "site plan" of existing and proposed Improvements, indicating existing and new topography
with a two(2)foot contour interval, existing trees, and drainage ways; all legal restrictions
including rights-of-way, easements, property ones and required setbacks. If there exist or in-
progress structures on adjacent lots, these should be shown. The site plan shall show proposed
building locations(s), driveways (including surfacing material),parking areas,proposed grading
and drainage, erosion control method, outbuildings and fencing. Finish grade elevations at the
corners of the buildings as well as elevation of the finished floor(s)shall also show on the site
plan. The scale of the site plan shall be 1"=20 feet or larger.
5
Architectural Design
No mandatory architectural "style" is required for this development. However, the limitations
following are intended to encourage the design of residences harmonious with the environment,
suggesting designs which incorporate materials, colors and textures which generally blend with the
landscape and develop proportions,mass and details which promote the semi-rural atmosphere.
The structures should be visually appealing; uninteresting ones will be disallowed.
A. Size of Homes. The dwelling space, exclusive of the garage and open porches, shall contain
a minimum of 2,000 square feet for a one story and 2,800 feet for a two story or Multilevel
homes of finished non-basement living space.
B. Home Orientation. Homes should be constructed so that the front faces generally toward
the front lot line and is set back in a manner consistent with the Architectural Guidelines.
Exceptions for the orientation of the unit may be granted by the Committee if the exterior
appearance of sides or rear of the house facing the front lot line is equal to or better in
appearance than the front of the house.
C. Pre-constructed Homes: No homes of a pre-constructed nature shall be allowed
D. Building Height.No building solar device shall exceed a height of 38 feet measured from
the average finished grade adjacent to the foundation. Chimneys, flues, roof vents, etc.,
need not be included in this measurement.
E. Roofs. Roofs and roof lines must be interesting to the eye. Roof pitch shall not be less
than 5 inches in 12 inches. Steeper pitches will be encouraged.Acceptable roofing
materials include, but are not limited to: concrete tile, quarry tile and certain composition
shingles, but definitely excluding 3-tab and t-lock. Certain architectural metal roofs will
be considered.
F. Exterior Materials. The exterior materials on all residence must be aluminum, masonry,
stone stucco, or material with a stucco-like appearance. The residence must be at least fifty
percent 50%masonry brick stucco or stone. Any vinyl sophists or trim will be allowed.
G. Color. Exterior finishes shall be subdued colors, generally in earth tones:Brighter accents
used judiciously will be considered if kept under 10% of the exterior wall surface.
H. Foundation Walls. Foundation walls shall not be exposed between finish grade and the
bottom of the exterior finish material for more than 12 inches. This requirement applies to
l+aIkout basement conditions.
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Accessory. Utility and Miscellaneous Structures
Rules and Regulations.
Detached garages, barns, gazebos, greenhouses, storage, or outbuildings shall match the main residence in
color,style,and materials. All ancillary buildings must be on a poured foundation and are allowed only if
site conditions and location are such that they do not become offensive or objectionable to neighboring lots.
No temporary and/or portable buildings will be allowed. Solar equipment shall be incorporated into a
structure and be architecturally compatible with the residence. Rooftop mounted equipment is not allowed.
A Types. The following Outbuildings are permitted on the Lots: well-maintained
storage sheds,and detached garages not directly attached to the Living Unit which it
serves.
B. Number. A maximum of two Outbuildings may be constructed upon each Lot. Location
of Outbuildings allowed will be based on plot plan drawings. .
C. Size. In no event shall the ground floor area of an Outbuilding exceed the ground floor
area of the Living Unit on the Lot.
D. Height. The height of any outbuilding should not exceed 14'from average grade to eave
line. Design should be such that it blends into the Lot. Use of existing topography may be
required to create the least imposing outbuilding possible.
E. Location. The outbuilding should be placed on the rear portion of the Lot,which is that
portion of the Lot between the rear Lot line and the nearest line or point of the Living
Unit, shall be set back at least twenty-five(25)feet from the side and rear Lot lines.
F. Design. The outbuildings must be of design,materials, and style related to and compatible
with the design, materials,and style of the Living Unit. The exterior of the structure shall
match the main residence in color and style, including roof pitch.All outbuildings shall be
placed upon and securely anchored to a permanent concrete or masonry foundation.
G. Submittal of Plans and Specifications. Prior to construction of the outbuilding, Owner
shall submit to the Committee for its approval the plans and specifications for any
outbuilding.
Fences and Screening
The intent of the community is to encourage as little use of fencing and screening as possible in order to
keep an open and undivided landscape. The use of fences for animal retention and/or screening will he
permitted when used in a judicious and inoffensive manner.
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Perimeter fencing used along street frontages or between property lines shall be 3-rail white vinyl or PVC to
match project fencing used along frontages.
Non-perimeter fencing used to retain animals shall be wood or plastic posts and rails with one to five
horizontal rails to a maximum of six(6)feet high. Clear space between rails shall not be less than two times
the rail width. Fences may include approved wire netting of 2x4, 4x4,4x6, or 6x6 pattern attached
permanently to posts and rails.Dog runs should be mesh only with wood posts with a wood top rail, such
area to be a maximum of 300 square feet.
Privacy fences shall not exceed 6'in height and shall enclose a maximum area of no more than 2/3 the area
of the footprint of the house, including attached garage,to a maximum of 5,000. Fencing materials shall be
compatible with materials in the main residence.Acceptable materials are wood, stucco, brick, or stone.
Privacy fences shall be attached to, or in very close proximity, to the main residence between the rear lot
line and the nearest point or line of the residence.
Screening fences are restricted to the rear portion of the lot and shall be attached to an
outbuilding if one is used.
CONSTRUCTION PERIOD REGULATIONS
In the interest of all Owners and contractors,the following regulations shall be enforced during the
construction period. These regulations shall be a part of the construction document specifications for each
residence.
The DRC may require the contractor to provide a plan of construction limits prior to start of construction,
to include snow fencing and barricades. The plan shall include size and location of construction material
storage areas,limits of excavation,access areas,parking,chemical toilet,dumpster(s),fire extinguisher,
utility trenching and construction sign.
Drainage swales and driveway culverts for each Lot shall be maintained by the Owner of said Lot. Builders
must install a culvert prior to beginning any construction on a Lot and must ensure construction traffic
uses the culvert and does not drive across the drainage ditch. Owner must maintain the ditch in front of
Owner's lot and is responsible for ensuring its proper functioning.
All temporary structures such as construction trailers or sheds shall be removed immediately upon
completion of construction.
Daily cleanup of the construction site is mandatory. All trash and debris shall be stored in a fenced trash
disposal area and shall be removed when fence is filled.
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,-� A plan for erosion control measures to be implemented for lot stabilization during construction and prior to
landscaping,and the schedule for installation of such erosion control measures,must be submitted and approved
prior to commencement of construction.
No construction may begin before 6:00 A.M.and no construction may continue past 8:00 P.M.Monday through
Friday and 6:00 P.M.Saturday and legal holidays.On Sunday,there must be no exterior construction.Toilet
facilities must be provided for all sites under construction.
No person may reside on a Lot in a vehicle or other structure(permanent or temporary)while a home is under
construction.Homes may be occupied only after there is a certificate of occupancy which has been issued by
Weld County.
LANDSCAPING
Revegitation of all areas disturbed by construction must be completed,along with all other required landscaping.
Irrigation systems,if needed,shall efficiently distribute water directly to the plants which require it.Temporary,
drip,or other low-water consumption irrigation systems are encouraged.
Each site,in addition to Revegitation of all disturbed areas,shall be required to introduce new planting as follows:
1. a minimum of 12 trees per acre
2. a minimum of 6 shrubs per lot
3. minimum size requirements: large deciduous 2"(Inch T
Ornamental 1'to Vi-cal
Large evergreen 6 feet tall
Small evergreen 4 feet tall
Shrubs 5 gal container
See Attachment"C"for suggested planting species(drought tolerant species are strongly recommended).
Landscaping Plan. Prior to commencement of landscaping,Owner shall submit a landscaping plan through the
homeowners association(See"Procedure"on Page 3),and must include the Submitted Fee(Attachment A)
which shall include the following:
Preservation ofAbsorption Fields.All active absorption field areas or leach field areas must be protected. No
permanent landscaping,structures,dirt mounds,animal husbandry activities or other activities that would interfere
with the construction,or maintenance or functions of the field shall be permitted.
Tree, Ground Cover and Shrubbery Plan. A plan for preparing the Lot for and planting trees and lawn.grass_
or other appropriate ground coyer. including natural covers. and appropriate shrubherx h r the entire Lot.
including the area up to the street pavement or sidewalk: however,the manicured. intensely irrigated lawn area
shall he limited to tine thousand (5.0001 square feet [he landscape plan shall provide for minimum of twelve
t 12)trees per acre of I ot area. Deciduous trees shall have a minimum old 2'-i two-inch)trunk
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Diameter(measured by caliper)and evergreens shall be not less than four feet(4') in height and in a variety
as further described. Tree planting may be phased, but at least half of the trees shall be included in the initial
landscaping installation. The Board shall have the right to amend the landscaping standards.
Landscaping Submitted_A "landscaping plan"at a scale of I'=30 feet or larger must be submitted
containing the following:
I. Scale-written and graphic, and North arrow
2. Existing plant material on the site
3. Planting to be removed or relocated
4. Existing and proposed structures and paving
5. Berms,walls, fences or any other buffering device
6. Title block with name of project,name of person preparing plan, and date prepared
7. A written or graphic statement describing type of irrigation system proposed and
areas to be covered
8. Plant schedule showing number and location of plants of each species,plant name,
size and condition(B&B or container)
9. Any other proposed improvements visible to adjacent lot owners or the public
Completion of Landscaping_For the purposes of this section,a "growing season" shall mean and refer
to the period of May 1 through August 31 of each year. As soon as practicable after the certificate of
occupancy is issued for a Living Unit on a Lot,the Owner shall have substantially completed the
landscaping of said Lot. In the event a certificate of occupancy is issued during a growing season,
landscaping must be completed prior to the end of the next full growing season. In the event a certificate of
occupancy is issued between September 1 and April 30, landscaping must be completed prior to the end of
the next immediate growing season
Protection Prior to Landscaping. In the event landscaping is not completed during the first growing
season after the certificate of occupancy is issued, all areas of implanted soil shall be protected from
erosion by straw mulch and seed, hay bales and/or erosion control matting as necessary to prevent
erosion,runoff,and loss of bare ground areas.
Repair of Landscaping_In the event of death or destruction of any landscaping, including trees, shrubbery
or sod,Owner shall be required to replace such landscaping within sixty(60)days after such death or
destruction;or if such death or destruction occurs March 1 through June 31, then such replacement must
occur at the beginning of the next growing season.
Enforcement Should any Owner fail to comply with the landscaping requirements,the Committee shall have
the power to require compliance or alternatively may complete the landscaping and require the Owner to pay the
costs for such completion,such costs to he assessed against that Lot.
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E: irz1..
DISTANT THUNDER COVENANTS
ARTICLE I-PREAMBLE
Declarant is the owner of that certain real property situate in Weld County, Colorado,
described on Exhibit "A" hereof (the property). The Property has been platted as DISTANT
THUNDER P.U.D. simultaneously with this declaration.
Declarant desires to develop the Property for residential purposes. Declarant deems it desirable to
subject the Property to the covenants, conditions and restrictions set forth in this Declaration in
order to preserve the values of the individual lots and to enhance the quality of life for all owners of
such lots.
Declarant therefore declares that all of the Property is and shall be held, transferred, sold, conveyed
and occupied subject to the terms, restrictions, limitations, conditions, covenants, obligations, hens,
right of ways, and easements which are set fort in the Declaration, all of which shall run with the
Property and shall inure to the benefit of, and be binding upon, all parties having and right, title, or
interest in the Property or and portion thereof, and such person's heirs, grantees, legal
representatives, successors and assigns.
Any restrictions or regulations not addressed specifically shall be in accordance with Weld County
Estate Zoning, i.e., number and type of animals allowed on each lot, home occupations, etc.
"A" and owned by the "Owner", with the exception of any
"Common Area". No Lot shall hereafter be subdivided except by Declarant.
ARTICLE 2-DEFINITIONS
2.1 General: The words and terms defined in this Article shall have the
meanings herein set forth unless the context clearly indicates otherwise.
22 Association: Shall mean and refer to DISTANT THUNDER P.U.D.
Homeowner's Association, a Colorado Nonprofit Corporation established pursuant to
Article IV of this Declaration. The members of the Association shall be Lot Owners as
defined herein.
2.3 Common Areas: Shall refer to all real Property or interests therein owned by
the Association and easements and rights of way for the common use and enjoyment of the
Owners, together with and including, but not by way of limitation, the road Distant Thunder
Road, utilities, and utility easements.
2.4 Declarant: Shall mean JZM, LLC., owner of the Property, their successors
and assigns.
2.5 Declarant responsibilities: Shall refer to the road constructed pursuant to
specifications required by Weld County known as Distant Thunder Road.
Declarant shall install a gravel road according to the specifications of Weld County
The Association shall maintain, repair, and replace the road after the Developer has
installed such facility.
Declarant shall plant non-weed natural vegetation in the right of way adjacent to Distant
Thunder Road. The Association shall maintain and replace non-weed vegetation after
the Declarant has planted such vegetation and said Association has assumed
responsibilities.
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2.6 Lot: Shall mean and refer to any parcel or plot of land located
within the exterior boundaries of the Property described on Exhibit"A"and owned
by the"Owner", with the exception of any"Common Area". No Lot shall hereafter
be subdivided except by Declarant.
2.7 Road and Utility Easements: Shall mean and refer to the road
Distant Thunder Road and all utility easements presently existing on the Property or
subsequently constructed by the Declarant on the tracts or parcels of the property.
"Roads" and"Utility Easements" shall not include private driveways or utility
extensions constructed by individual Owners to provide access and utilities to
dwellings or other structures located upon such Owner's lot of the Property.
2.8 Single Family Dwelling: Shall mean an independent
structure designed and occupies as a residence for a single family.
2.9 75% Control period means a length of time seven (7) years after initial
recording of the Declaration in Weld County, Colorado. However, the 76% Control
Period shall expire earlier, upon the first to occur of the following events if any of the
following occur within the time period that is specified in the first sentence of this
section: a. sixty (60) days after conveyance of seventy-five percent (7%0 of the Lots
That May Be Included to Owners other than a Declarant or a builder; (b) two (2) years
after that last conveyance of a Lot by the Declarant or a builder I n the ordinary coarse
of business.
2.10 Subdivision: Shall mean and refer to DISTANT THUNDER P.U.D.
2.11 Voting Rights: Each Member shall be entitled, for each Lot owned, to one
vote on each matter that comes to a vote of the Association; provided that the right to cast
such vote is subject to this Declaration, the Articles of Incorporation and Bylaws of the
Association. No votes allocated to a Lot owned by the Association may be cast. The
maximum number of votes which may be cast in connection with any matter shall be
equal to the denominator of the Allocated Interests at the time the vote is taken.
2.12 Design Guidelines: See Attached Distant Thunder Guidelines for
building.
Other terms may be defined in specific provisions contained in the Declaration and
shall have the meaning assigned by each such definition.
ARTICLE 3. ASSOCIATION
Section 3.1. Authority of Board of Directors.
Except as provided in this Declaration, the Articles of Incorporation, or the Bylaws of the
Association, the Board of Directors may act in all instances on behalf of the Association.
Section 3.2. Election of Part of the Executive Board during the Period of Master
Declarant Control
Not later than sixty (60) days after conveyance of twenty-five percent (25%) of the Lots that
May Be Included to Owners other than a Declarant or a Builder, at least one (1) member
and not less than twenty-five percent (25%) of the members of the Board of Directors must
be elected by Members other than the Declarant or a Builder, provided that the Declarant
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reserves the right to appoint a majority of the Board. Not later than sixty (60) days after
conveyance of fifty percent (50%) of the Lots that May Be Included to Owners other than
the Declarant or a Builder, not less than thirty-three and one-third percent (33 1/3%) of the
directors must be elected by Members other than the Declarant or a Builder, provided that
the Declarant reserves the right to appoint a majority of the Board.
Section 3.3. Authority of Declarant During 75% Control Period.
Except as otherwise provided in this Article, during the 75% Control Period, the
Declarant or Persons appointed by the Declarant may appoint all officers and Directors,
and may remove all officers and Directors which have been appointed by the Declarant.
The Declarant may voluntarily surrender the right to appoint and remove officers and
Directors before termination of the 75% Control Period; but, in that event, the Declarant
may require, for the duration of the 75% Control Period, that specified actions of the
Association or Board of Directors, as described in a recorded instrument executed by the
Declarant, be approved by the Declarant before they become effective.
Section 3.4. Termination of 75% Control Period.
Not later than the termination of the 75% Control Period, the Members shall elect a Board
of Directors, at least a majority of whom must be Owners other than the Declarant or
designated representatives of Owners other than the Declarant. The Board of Directors
shall elect the officers. Such members of the Board of Directors and officers shall take
office upon election.
Section 3.5. Delivery of Property by Declarant.
After the Members other than the Declarant elect a majority of the members of the Board
of Directors, the Declarant shall deliver to the Association all property of the Owners and
of the Association held by or controlled by the Declarant, if and to the extent required by
CCIOA.
Section 3.6. Budget.
Within thirty (30) days after adoption of any proposed budget for the Community, the
Board of Directors shall mail, by ordinary first-class mail, or otherwise deliver a summary
of the Association budget to all the Owners and shall set a date for a meeting of the
Owners to consider ratification of the budget not less than fourteen (14) nor more than fifty
(50) days after mailing or other delivery of the summary. Unless at that meeting the
budget is rejected by the vote or agreement of Members to which at least eighty percent
(80%) of the votes in the Association are allocated, then the budget is ratified, whether or
not a quorum is present. In the event that the proposed budget is rejected, the periodic
budget last ratified by the Members must be continued until such time as the Owners
ratify a subsequent budget proposed by the Directors.
Any budget prepared with respect to Limited Common Elements shall be submitted in
accordance with the requirements set forth above, but shall be sent only to those Owners
against whose Lots the costs associated with certain Limited Common Elements are
assessed and who shall be entitled to vote on such budget in accordance with the voting
requirements set forth above.
Section 3.7. Rules and Regulations.
Rules and regulations concerning and governing the Lots, Common Elements, and/or this
Community may be adopted, amended or repealed from time to time by the Board of
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Directors, and the Board of Directors may establish and enforce penalties for the
infraction thereof, including, without limitation, the levying and collecting of fines for the
violation of any of such rules and regulations. The rules and regulations may state
procedural requirements, interpretations and applications of the provisions of this
Declaration, including without limitation, blanket requirements, blanket interpretations,
and blanket applications. The Board has the authority to adopt or vary one or more rules
and regulations that are different for different types of Lots, if any exist. Any rules and
regulations that are adopted shall be in accordance with, and shall not be inconsistent
with or contrary to, this Declaration, the Master Declaration, and all provisions thereof.
Section 3.8. Association Books and Records.
The Association shall make available to Owners, prospective purchasers, Security
Interest Holders, and insurers or guarantors of any such Security Interest, current copies
of this Declaration, and the Articles of Incorporation, Bylaws, rules and regulations,
books, records and financial statements of the Association. "Available" shall mean
available for inspection, upon request, during normal weekday business hours or under
other reasonable circumstances.
Section 3.9. Information Regarding Security Interests.
Each Member shall, within twenty (20) days of encumbering such Member's Lot with a
Security Interest, and at other times upon request of the Association, provide the
Association with the name and address of such Security Interest Holder, a copy of the
instrument(s) creating the Security Interest(s), and the loan number(s) (or other
identifying number of such Security Interest(s)). Within twenty (20) days after any change
in the name or address of a Security Interest Holder on a Member's Lot, and at other
times upon request of the Association, such Member shall provide the aforesaid
information to the Association with respect to each Security Interest held by such Security
Interest Holder.
Section 3.10. Management Agreements and Other Contracts.
Any agreement for professional management of the Association's business or other
contract providing for the services of the Declarant shall have a maximum term of three
(3) years and any such agreement shall provide for termination by either party thereto,
with or without cause and without payment of a termination fee, upon not more than
ninety (90) days' prior written notice.
ARTICLE 4. COVENANT FOR ASSESSMENTS
Section 4.1. Personal Obligation for Assessments.
Each Owner of a Lot, including Declarant and each Builder, by acceptance of a deed
therefore, whether or not it shall be so expressed in such deed, covenants and agrees and
shall be personally obligated to pay to the Association: annual Assessments or charges.
special Assessments, and other charges, fines, fees, interest, late charges, and other
amounts. all as provided in this Declaration; with such Assessments and other amounts
to be established and collected as hereinafter provided. The obligation for such
payments by each Owner to the Association is an independent covenant with all amounts
due, from time to time, payable in full when due without notice or demand (except as
otherwise expressly provided in this Declaration), and without set-off or deduction. All
Owners of each Lot shall be jointly and
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Severally liable to the Association for the payment of all Assessments, fees, and charges
and other amounts attributable to their Lot. Each amount, together with interest, late
charges, costs, and reasonable attorney's fees, shall also be the personal obligation of
the Person who was the Owner of such Lot at the time when the amount became due.
The personal obligation for delinquent amounts (including Assessments) shall not pass
to such Owner's successors in title unless expressly assumed by them.
Section 4.2. Purpose of Assessments.
The Assessments levied by the Association shall be used to promote the recreation,
health, safety and welfare of the residents of the Lots, and for all of those purposes and
activities which may be required of the Association or which the Association may be
empowered to pursue pursuant to this Declaration, the Articles of Incorporation or Bylaws
of the Association, or by law.
Section 4.3. Amount of Annual Assessment.
Until the effective date of an Association budget ratified by the Members with a different
amount for annual Assessments, as provided above, the amount of the annual
Assessment against each Lot shall not exceed Thirty-Five Dollars ($35.00) per month.
However, the rate of annual and special Assessments paid by Initially Unoccupied Lots
shall be less than that paid by other Lots, as provided in the next Section.
Section 4.4. Rate of Assessment.
4.4.1. Annual and special Assessments shall be sufficient to meet the expected
needs of the Association and shall be apportioned among the Lots in accordance with
their Allocated Interest. Notwithstanding the foregoing, however, the amount of the
annual Assessments and special Assessments against the Initially Unoccupied Lots shall
be set at a lower rate than that charged against other Lots, because the Initially
Unoccupied Lots receive and benefit from fewer services funded by the Assessments
than the other Lots. Colorado Revised Statutes §38-33.3-315(3) (b) states that"Any
common expense or portion thereof benefiting fewer than all of the units shall be
assessed exclusively against the units benefited." Based on this provision, the Initially
Unoccupied Lots shall pay annual and special Assessments at the rate of 40% of any
annual Assessment or special Assessment charged to Lots other than Initially
Unoccupied Lots.
4.4.2. The annual Assessments shall include an adequate reserve fund for the
maintenance, repair, replacement and reconstruction of those items that must be
maintained repaired, replaced or reconstructed on a periodic basis, and for the payment
of insurance deductibles.
4.4.3. During the 75% Control Period, the Declarant may in its discretion, but
shall not be required to, cover certain costs of the Association by payment of any
amount(s), which shall be treated as an advance against future Assessments due from
the Declarant; provided, however, that any such advances which have not been credited
against Assessments due from the Declarant as of termination of the 75% Control Period
shall then be repaid by the Association to the Declarant, without interest, to the extent that
the Association has funds in excess of its working capital funds, reserve funds, and
operating expenses to date for the calendar year in which the 75% Control Period
terminates; and provided further, however, that any of such advances which are not repaid
5
to the Declarant shall continue to constitute advances against future Assessments due
from the Declarant until conveyance by the Declarant of all of the property described on the
attached Exhibits A and D. If the Declarant elects in its discretion to pay any amounts as
provided in this subparagraph, Declarant shall not, under any circumstances, be obligated
to continue payment or funding of any such amount(s) in the future.
4.5. Date of Commencement of Annual Assessments.
Annual Assessments shall commence at such time as the Board of Directors may
determine in its discretion. After any annual Assessment has been made by the
Association, annual Assessments shall be based on a budget adopted by the Association.
A budget shall be so adopted by the Association no less frequently than annually. The
annual Assessments shall be due and payable in monthly installments, in advance, on
the first day of such monthly period or on such other dates, and with such frequency
(which may be other than monthly, but not less frequently than annually), as the Board of
Directors determines in its discretion from time to time, provided that the first annual
Assessment shall be adjusted to reflect the time remaining in the first Association fiscal
year. Any Owner purchasing a Lot between installment due dates shall pay a pro rata
share of the last payment due.
4.6. Special Assessments.
In addition to the annual Assessments authorized in this Article, the Board of Directors
may levy, in any fiscal year, with the approval of the votes of sixty-seven percent (67%)
of a quorum of the Association votes cast by Members voting in person or by proxy at a
meeting duly called for this purpose, a special Assessment applicable to that year only,
for the purpose of defraying in whole or in part the cost of any construction,
reconstruction, repair or replacement of a capital Improvement upon any portion of real
property for which the Association has repair and/or reconstruction obligations, including
fixtures and personal property related thereto, or for repair or reconstruction of any
damaged or destroyed Improvements located on said real property, or for the funding of
any expense or deficit incurred by the Association. Any such special Assessment shall
be set against each Lot in accordance with the Allocated Interests set forth in this
Declaration.
4.7. Assessments/Charges for Services to the Master Association and/or
Separate Areas of the Community.
The Association may, at any time from time to time, provide services to the Master
Association and/or to any area(s) (containing less than all of the Lots) in the Community. If
such services are not funded by the annual Assessments or special Assessments, then
such services shall be provided, if at all, pursuant to an agreement in writing between the
Association and the Master Association and/or the Owners of the Lots for which such
service is to be provided, as applicable, with such agreement to include a statement and
terms for payment of the costs, fees and expenses that are to be paid by such Owners
for such services, and which amounts shall include overhead expenses of the
Association. Services which may be provided by the
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6
Association pursuant to this Section include, without limitation, (a) the construction, care,
operation, management, maintenance, repair, replacement, reconstruction and
renovation of Improvements or property owned by such Owner(s); (b) the provision of any
services or functions to such area, such as trash removal; (C) the maintenance and
servicing of septic systems if fewer than all of the Lots contain septic systems; (d) the
enforcement of the provisions of any Supplemental Declaration, Supplemental Covenants
or any other document or agreement for, on behalf of, and in the name of the applicable
Owners; (e) the collection of Assessments for, in the name of, and on behalf of the Master
Association, or(f) the payment of taxes or other amounts for Owners with funds provided
by such Owners; (g) the procurement of insurance for Owners; (h) the appointment and
supervision of a manager(s) for area; and (I) the maintenance and servicing of septic
systems if fewer than all of the Lots contain septic systems.
4.8. Lien for Assessments.
4.8.1. The Association has a statutory lien on a Lot for any amount levied against
that Lot or the Owner thereof, including for fines imposed against the Lot's Owner. The
amount of the lien shall include all those items set forth in this Section from the time such
items become due. If an Assessment is payable in installments, each installment is a lien
from the time it becomes due, including the due date set by any valid Association
acceleration of installment obligations.
4.8.2. Recording of this Declaration constitutes record notice and perfection of the
lien. No further recordation of any claim of lien for Assessments is required. However, the
Board of Directors or managing agent of the Association may prepare, and record in the
county in which the applicable Lot is located, a written notice setting forth the amount of
the unpaid indebtedness, the name of the Owner of the Lot, and a description of the Lot. If
a lien is filed, the costs and expenses thereof shall be added to the Assessment for the Lot
against which it is filed and collected as part and parcel thereof. The Association's lien may
be foreclosed in like manner as a mortgage on real estate.
4.9. Priority of Association Lien.
4.9.1. A lien under this Article 4 is prior to all other liens and encumbrances on a
Lot accept:
4.9.1.1. Liens and encumbrances recorded before the recordation of the
Declaration;
4.9.1.2. A Security Interest on the Lot which has priority over all other
security interests on the Lot and which was recorded before the date on which the
assessment sought to be enforced became delinquent; and
4.9.1.3. Liens for real estate taxes and other governmental Assessments or
charges against the Lot.
4.9.2. A lien under this Section is also prior to the Security Interests described in
the preceding subsection 4.9.1 2 to the extent, if any, provided in CCIOA.
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4.9.3. This Section does not affect the priority of mechanics' or materialmen's liens
or the priority of liens for other Assessments made by the Association.
4.9.4. The Association's lien on a Lot for Assessments and other amounts shall be
superior to any homestead exemption now or hereafter provided by the laws of the State of
Colorado or any exemption now or hereafter provided by the laws of the United States. The
acceptance of a deed to land subject to this Declaration shall constitute a waiver of the
homestead and any other exemption as against said Association lien.
4.10. Certificate of Status of Assessments.
The Association shall furnish to an Owner or such Owner's designee, or to a Security
Interest Holder or its designee, upon written request delivered personally or by certified
mail, first class postage prepaid, return receipt, to the Association's registered agent, a
written statement setting forth the amount of unpaid Assessments currently levied against
such Owner's Lot. The statement shall be furnished within fourteen (14) calendar days
after receipt of the request and is binding on the Association, the Board of Directors, and
every Owner. If no statement is furnished to the Owner or Security Interest Holder or
their designee, delivered personally (including delivery by telefax) or by certified mail, first
class postage prepaid, return receipt requested, to the inquiring party, then the
Association shall have no right to assert a lien upon the Lot for unpaid Assessments
which were due as of the date of the request. The Association shall have the right to
charge a reasonable fee for the issuance of such certificates.
4.11. Effect of'on-Payment of Assessments;Remedies of the Association.
Any Assessments not paid within ten (10) days after the due date thereof shall bear
interest from the due date at the rate of twenty-one percent (21%) per annum, or at such
lesser rate as may be set from time to time by the Board of Directors, and the Board of
Directors may assess thereon a monthly late charge in such amount as may be
determined by the Board of Directors in its discretion from time to time. The Association
may bring an action at law against the Owner personally obligated to pay the same, or
foreclose the lien against such Owner's Lot. If a judgment or decree is obtained,
including, without limitation, in a foreclosure action, such judgment or decree shall include
reasonable attorney's fees to be fixed by the court, together with the costs of the action,
and may include interest and late charges, as above provided. No Owner may be
exempt from liability for payment of any assessment by waiver of the use or enjoyment of
any of the Common Elements or by abandonment of the Lot against which the
Assessments are made, or because of dissatisfaction with the Association or its
performance. This Article does not prohibit actions or suits to recover sums for which this
Declaration creates a lien, nor does this Article prohibit the Association from taking a
deed in lieu of foreclosure.
4.12. Surplus Funds.
Any surplus funds of the Association remaining after payment of or provision for
expenses of the Association, and any prepayment of or provision for reserves, shall be
retained by the Association as reserves and need not be paid to the Owners or credited to
them to reduce their future Assessments.
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4.13. Working Capital Fund.
The Association shall require the first Owner (other than the Declarant or a Builder) of
any Lot who purchases that Lot from the Declarant or a Builder to make a non-
refundable contribution to the Association in an amount equal to two (2) months
Assessments (regardless of whether or not annual Assessments have commenced as
provided in Section 4.5 hereof)- Said contribution shall be collected and transferred to
the Association at the time of closing of the sale by Declarant or a Builder of each Lot and
shall, until use, be maintained for the use and benefit of the Association, including,
without limitation, to meet unforeseen expenditures or to purchase additional equipment,
property or services. Such contribution to the working capital fund shall not relieve an
Owner from making regular payments of Assessments as the same become due. Upon
the sale of his Lot, an Owner shall be entitled to reimbursement at closing (in the form of
a credit on the closing settlement statement) from the purchaser of such Lot (but not
from the Association) for the portion of the aforesaid contribution to working capital fund
which has not been used by the Association at the time of conveyance of the Lot by
such Owner.
4.14. Other Charges.
The Association may levy and assess charges, costs and fees for matters such as, but
not limited to, the following, in such reasonable amounts(s) as the Board of Directors may
determine in its discretion at any time from time to time, including reimbursement of
charges that are made to the Association by its managing agent or other Person:
copying of Association or other documents; return check charges; charges for telefaxes;
long distance telephone calls; transfer charges or fees upon transfer of ownership of a
Lot; charges for notices and demand letters; and other charges incurred by the
Association for or on behalf of any Owner(s). All such charges, costs and fees shall be in
addition to the Assessments levied by the Association, but shall be subject to all of the
Association's rights with respect to the collection and enforcement of Assessments.
4.15. Assessments for Misconduct.
If any Association expense is caused by the misconduct of any Owner, as determined
by the Board of Directors, the Association may assess that Association expense
exclusively against such Owner and his Lot.
ARTICLE 5.ARCHITECTURAL REVIEW COIVEVII 'TEE
5.1 Composition of Committee
The Architectural Review Committee shall consist of two(2)or more persons appointed by the
Board of Directors: provided,however,that until automatic termination of the Special Declarant
Rights as provided, in Section 2.9 thereof,the Declarant may appoint the Architectural Review
Committee. The power to"appoint'as provided herein. shall without limitation the power to:
constitute the initial membership of the Architectural Review Committee: appoint member(s)to the
Architectural Review Committee.neither with nor without cause, any time. and appoint the successor
thereof Each such appointment mac be made for such term(s)of office.subject to the aforesaid power
of removal. as rnav be sent from time lo time in the discretion of the appointer.
5.2. Review by Committee&Requirement for Approval by Governmental Entities.
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5.2.1. Subject to Sections 5.10 and 5.13 of this Declaration,no Improvements shall
be constructed,erected, placed,planted,applied or installed upon any Lot unless plans and
specifications therefore(said plans and specifications to show exterior design,height,
materials,color,and location of the Improvements,and type of landscaping,walls,
windbreaks and grading plan,as well as such other materials and information as may be
required by the Committee),shall have been first submitted to and approved in writing by
the Architectural Review Committee. The Architectural Review Committee shall exercise
its reasonable judgment to the end that all Improvements conform to and harmonize with
the existing surroundings, residences, landscaping and structures and that such
Improvements are consistent with the Design Guidelines or design rules referenced in
Section 5.4(Design Rules)of this Declaration. In its review of such plans,specifications
and other materials and information,the Architectural Review Committee may require that
the applicant(s)reimburse the Committee for the actual expenses incurred by the
Committee in the review and approval process. Such amounts, if any,shall be levied in
addition to the assessment against the Lot for which the request for Architectural Review
Committee approval was made,but shall be subject to the Association's lien for
Assessments and subject to all other rights of the Association for the collection of such
Assessments,as more fully provided in this Declaration.
5.2.2. As more fully provided in the Master Declaration,no Improvement shall be
constructed,erected,placed,planted,applied or installed on any Lot,until the same has
been submitted to and approved by the design review committee of the Master Association
in accordance with the Master Declaration and all guidelines,regulations,rules and
requirements for submission and processing of requests for approval promulgated,enacted,
adopted,amended,interpreted,repealed and reenacted by the Master Association or its
design review committee,from time to time.
5.2.3. In addition to the foregoing review and approvals,the construction,erection,
addition,deletion,change or installation of any Improvements shall also require the
applicant to obtain the approval of all governmental entities with jurisdiction there over,and
the issuance of all required permits, licenses and approvals by all such entities. Without
limiting the generality of the preceding sentence,issuance of building permit(s)by Weld
County,Colorado,if required,shall be a pre-condition to commencement of any
construction of,alteration of,addition to,or change in,any Improvement.
5.2.4. All active absorption field areas or leach field areas must be protected. No
permanent landscaping,structures,dirt mounds,animal husbandry activities or other activities that
would interfere with construction,or maintenance or functions of the field shall be permitted.
5.3. Procedures.
The Architectural Review Committee shall decide each request for approval within thirty (30) days
after the complete submission of all plans. specifications and other materials and information
which the Committee may require in conjunction therewith. If the Architectural Review
Committee fails to decide any request within thirty (30)days after the complete Submission of all
plans. specifications. materials and other information with respect thereto, then approval shall be
deemed to have been denied.
5.4. Design Rules.
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The Architectural Review Committee may,at any time from time to time with the advice of the
Board of Directors, enact issue,promulgate, modify,amend, repeal,re-enact,and enforce, Design
Guidelines or design rules,to interpret and implement the provisions of this Article. Without
limiting the generality of the foregoing, such provisions may contain guidelines to clarify the types
of designs and materials that may be considered in design approval, may state requirements for
submissions in order to obtain review by the Committee, may state procedural requirements,
and/or may specify acceptable Improvement(s)that may be installed without the prior approval of
the Architectural Review Committee. Any architectural or design rules so adopted by the
Committee shall be consistent, and not in conflict,with this Article,the Declaration,the Design
Guidelines or design rules.
5.5. Delegation (and Acceptance) of Design Review and Approval.
The Declarant,during the time when the Declarant has the right to appoint the Architectural
Review Committee,and the Board thereafter, may delegate any or all design review and/or
approval functions pursuant to this Declaration to a design review committee appointed by the
Master Association,and may accept from a design review committee appointed by the Master
Association,delegation of any or all review and/or approval functions of such design review
committee. The party with the right to appoint the Architectural Review Committee may,at any
time, determine to reclaim the delegated rights. To reclaim the delegated rights,written notice
must be given to the Board of Directors of the Master Association,the Board of Directors of the
Association,to which such rights were delegated,that such right is being reclaimed by the
Association, and the reclamation shall be effective upon receipt of the notice by the Board of
Directors.Delegation of architectural review and/or approval to any Master Association shall not
constitute a waiver of the Association's right of architectural review and/or approval as provided
in this Declaration.
5.6. Vote and Appeal.
A majority vote of the Architectural Review Committee is required to approve a request for
approval pursuant to this Article, unless the Committee has appointed a representative to act for
it, in which case the decision of such representative shall control. 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,then the applicant shall have the right to an appeal of
such decision to the full Committee,upon a written request therefore submitted to the Committee
within thirty(30)days after such decision by the Committee's representative.
5.7. Prosecution of Work after Approval.
After approval of a request for architectural approval,the work to complete the same shall be
accomplished as promptly and diligently as possible and in complete conformity with the
approval. Either the failure to complete the proposed Improvement within one(1)year after the
date of approval of the application therefore, except as to Builders(who shall not be subject to
such I-year limitation), or failure to complete the Improvement in accordance with the
Description and materials furnished to the Committee and the conditions imposed with such
approval. shall constitute a violation of this Article.
5.8 Inspection of Work.
The Architectural Review Committee. the Design Review Committee, or their duh authorized
representatives) shall have the right to inspect any Improvement prior to, during or after
completion of the same, in order to determine whether or not the proposed Improvement is being
completed or has been completed in compliance with this Article and any approval therefore
granted by the Committee. However, unless the Committee expressly states, in a written
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document,that an Improvement is being completed or has been completed in conformance with
the approval therefore,no such conformance shall be implied from inspection of the Improvement
either during the work or after completion thereof.
5.9. Records.
The Architectural Review Committee shall maintain written records of all applications submitted
to it and all actions taken by it thereon and such records shall be available-to Members for
inspection at reasonable hours of the business day.
5.10. Variance.
The Architectural Review Committee may grant reasonable variances or adjustments from any
conditions and restrictions imposed by this Article 5 or Article 10 hereof, in order to overcome
practical difficulties or prevent unnecessary hardships arising by reason of the application of any
such conditions and restrictions. Such variances or adjustments shall be granted only in case the
granting thereof shall not be materially detrimental or injurious to the other property or
Improvements in the neighborhood and shall not militate against the general intent and purpose
hereof.
5.11. Waivers;No Precedent.
The approval or consent of the Architectural Review Committee, or any representative thereof,to
any application for architectural approval shall not be deemed to constitute a waiver of any right to
withhold or deny approval or consent by the Committee or any representative thereof as to any
application or other matters whatsoever as to which approval or consent may subsequently or
additionally be required.Nor shall any such approval or consent be deemed to constitute a
precedent as to any other matter.
5.12. Liability.
The Architectural Review Committee, and any members thereof, shall not be liable in equity or
damages to any person submitting requests for approval or to any Owner by reason of any action,
failure to act, approval,disapproval,or failure to approve or disapprove in regard to any matter
within their jurisdiction hereunder.In reviewing any matter,the Architectural Review Committee
shall not be responsible for the safety,whether structural or otherwise of the Improvements
submitted for review,nor the conformance with applicable building codes or other governmental
laws or regulations,and any approval of an Improvement by the Architectural Review Committee
shall not be deemed an approval of any such matters. No Member or other Person shall be a third
party beneficiary of any obligation imposed upon,rights accorded to,action taken by,or approval
granted by the Architectural Review Committee.
5.13. Exemption for Declarant and Builders.
5.13.1. Notwithstanding anything to the contrary contained in this Declaration, until
automatic termination of the Special Declarant Rights as provided in Section I.30 hereof
the Declarant shall be exempt from the provisions of this Article except for the
requirements to obtain approval from all governmental entities with jurisdiction there over
(as provided in Section 5.2.3 hereof).
5.13.2. Notwithstanding anything to the contrary contained in this Declaration, as
long as a Builder has received design approval from the Declarant, such Builder shall be
exempt from the provisions of this Article except for the requirements to obtain approval
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from all governmental entities with jurisdiction there over(as provided in Section 5.2.3
hereof). The exemption contained in this subsection shall expire upon the termination of
the Special Declarant Rights as provided in Section 1.30 hereof.
ARTICLE 6. INSURANCE
6.1. Insurance.
The Association shall maintain insurance in connection with the Common Elements. The
Association shall maintain insurance as required by applicable law or applicable regulation,
including CCIOA(Colorado Common Interest Ownership Act),which insurance shall include,
without limitation,property insurance,commercial general liability insurance, and fidelity
coverage or fidelity bonds. In addition,the Association may maintain insurance on such other
property, and/or against such other risks,as the Board of Directors may elect in its discretion from
time to time, including, but not limited to,personal liability insurance to protect directors and
officers of the Association from personal liability in relation to their duties and responsibilities in
acting as directors and officers on behalf of the Association.
6.2. General Provisions of Insurance Policies.
All policies of insurance carried by the Association shall comply with this Section. All policies
of insurance carried by the Association shall be carried in blanket policy form naming the
Association as insured,or its designee as trustee and attorney-in-fact for all Owners,and each
Owner shall be an insured person under such policies with respect to liability arising out of any
Owner's membership in the Association. The policy or policies shall contain a standard non-
contributory Security Interest Holder's clause in favor of each Security Interest Holder and a
provision that it cannot be canceled or materially altered by either the insured or the insurance
company until thirty(30)days prior written notice thereof is given to the insured and each
Security Interest Holder, insurer or guarantor of a Security Interest. The Association shall furnish
a certified copy or duplicate original of such policy or renewal thereof,with proof of premium
payment and a certificate identifying the interest of the Owner in question,to any party in interest,
including Security Interest Holders, upon request. All policies of insurance carried by the
Association shall also contain waivers of subrogation against any Owner or member of such
Owner's household. Further, all policies of insurance carried by the Association shall contain
Waivers of any defense based on invalidity arising from any acts or neglect of an Owner where
such Owner is not under the control of the Association or Master Association.
6.3. Deductibles.
The Association may adopt and establish written non-discriminatory policies and procedures
relating to the submittal of claims, responsibility for deductibles,and any other matters of claims
adjustment. Any loss,or any portion thereof,which falls within the deductible portion of a policy
that is carried by the Association, may be borne by the Person who is responsible for the
maintenance, repair, replacement and reconstruction of the property which is damaged or
destroyed, may he apportioned among the Persons sharing in a joint duty of repair and
maintenance.and/or may he partly or wholly borne by the Association,at the election of the Board
of Directors. Notwithstanding the foregoing. after notice and hearing, the Association may
determine that a loss, either in the form of a deductible to he paid by the Association or an
uninsured loss resulted from the act or negligence of one or more Owners. Upon said
determination by the Association,any such loss or portion thereof may be assessed to the
Owner(s) in question in such amount(s)as the Board of Directors deems appropriate, and the
Association may collect such amount(s) from said Owner(s) in the same manner as any
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assessment.
6.4. Payment of Insurance Proceeds.
Any loss covered by an insurance policy described in Section 6.1 must be adjusted with the
Association, but the insurance proceeds for that loss shall be payable to any insurance trustee
designated for that purpose, or otherwise to the Association,and not to any Security Interest
Holder. The insurance trustee or the Association shall hold any insurance proceeds in trust for
the Association, Owners and Security Interest Holders as their interests may appear. Subject to
the provisions of Section 7.1 of this Declaration,the proceeds must be disbursed first for the
repair or restoration of the damaged property;and the Association,Owners and Security Interest
Holders are not entitled to receive payment of any portion of the proceeds unless there is a surplus
of proceeds after the property has been completely repaired or restored and any budget or reserve
deficit funded,or unless the Community is terminated.
6.5. Association Insurance as Primary Coverage.
If at the time of any loss under any policy which is in the name of the Association,there is other
insurance in the name of any Owner and such Owner's policy covers the same property or loss,or
any portion thereof,which is covered by such Association policy, such Association policy shall
be primary insurance not contributing with any of such other insurance. An Owner shall be liable
to the Association for the amount of any diminution of insurance proceeds to the Association as a
result of policies of insurance of an Owner,and the Association may collect the amount from said
Owner in the same manner as any assessment. Any such Owner's policy shall also contain
waivers of subrogation.
6.6. Acceptable Insurance Companies.
Each insurance policy purchased by the Association must be written by an insurance carrier
which is authorized by law to do business in the State of Colorado. The Association shall not
obtain any policy where(a)under the terms of the insurance company's charter,bylaws, or policy,
contributions or Assessments may be made against the mortgagor or mortgagee's designee,or(b)
under the terms of the carrier's charter, bylaws,or policy, loss payments are contingent upon action
by the carrier's board of directors,policy holders or members, or(c)the policy includes any
limiting clauses(other than insurance conditions)which could prevent mortgagees or any Owner
from collecting insurance proceeds.
6.7. Insurance to be maintained by Owners.
An insurance policy issued to the Association does not eliminate the need for Owners to obtain
insurance for their own benefit. Insurance coverage on each Owner's Lot and the Improvements
thereon, as well as on all the furnishings and personal property belonging to an Owner,and public
liability insurance coverage on each Lot, shall be the responsibility of the Owner of such Lot.
Owners shall also be responsible for obtaining any policies of title insurance required in connection
with any sale of a Lot other than the purchase by the initial Owner(s)from the Declarant. In the
event the homeowner's insurance policies held by different Owners of Lots or held by an Owner
and the Association and which are underwritten by different insurers,the Owner shall he
responsible for ensuring that such Owner's insurer agrees. in the event damage occurs to the
covered property. to facilitate payment of the insurance proceeds when two insurers are involved
and that the insurer will pay all undisputed proceeds and one-half of any disputed proceeds(up to
the amount of coverage provided by such insurance) subject to the right of such insurer to recover
from the other insurer any such sums for which the other insurer is found to be liable.
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ARTICLE 7. DAMAGE OR DESTRUCTION
7.1. Damage or Destruction.
7.1.1. Any portion of the Community for which casualty insurance is required to
be carried by the Association under this Declaration which is damaged or destroyed must be
repaired or replaced promptly by the Association unless:
7.1.1.1. The Community is terminated;
7.1.1.2. Repair or replacement would be illegal under any state or local
statute or ordinance governing health or safety;
7.1.1.3. Sixty-seven percent(67%)of the Members,including every
Member whose Lot will not be rebuilt,vote not to rebuild;or
7.1.1.4. Prior to conveyance of any Lot to a Person other than the Declarant,
a Security Interest Holder rightfully demands all or a substantial part of the
insurance proceeds;
7.1.2. The cost of repair or replacement that is covered by insurance carried by the
Association,but which is in excess of insurance proceeds and reserves,is an Association
expense. If the entire Community is not repaired or replaced,the insurance proceeds
attributable thereto must be used to restore the damaged area to a condition compatible with
the remainder of the Community and,except to the extent that other Persons will be
8. Residential Use.
Subject to Section 13.7 of this Declaration and Sections 8.5 and 8.6 of the Master Declaration,
Lots shall be used for residential use only, including uses which are customarily incident thereto,
and shall not be used at any time for business, commercial or professional purposes.
Notwithstanding the foregoing,however,Owners may conduct business activities within their homes
provided that the following conditions are satisfied:
8.1 The business conducted is clearly secondary to the residential use of the
home and is conducted entirely within the home;
8.2 The existence or operation of the business is not apparent or detectable from
outside of the home by sight, sound,smell or otherwise,or by the existence of signs
indicating that a business is being conducted;
8.3 The business does not result in an undue volume of traffic or parking within
the Community,which determination may be made by the Board of Directors in its sole
discretion from time to time;
8.4 The business conforms to any rules and regulations that may be imposed by
the Board of Directors from nine to time on a uniform basis to protect the peace, tranquility.
and quality of the Community. The business conforms to all zoning requirements and is lawful in
nature
8.5. Household Pets
No animals, livestock, birds, poultry, reptiles or insects of any kind shall be raised, bred, kept or
boarded in or on a Lot; provided, however, that the Owners or tenants of each Lot may keep a
15
reasonable number of dogs,cats,or other domestic animals which are bona fide household pets, so
long as such pets are not kept for any commercial purpose and are not kept in such number or in
such manner as to create a nuisance to any resident of the Lots.No Pitt Bulls dog will b allowed.
The Association shall have,and is hereby given,the right and authority to: set a size or poundage
limit on pets; regulate the type(s)of pets that are permitted to be kept; determine in its sole
discretion that any dog(s),cat(s)or other household pet(s)are being kept for commercial purposes
or are being kept in such number or in such manner as to be unreasonable or to create a nuisance;
or that an Owner or tenant is in violation of the leash laws of the applicable jurisdiction or other
applicable governmental laws,ordinances, or other provisions related to household pets; or
determine that an Owner or tenant is otherwise in violation of the provisions of this Section,and
to take such action or actions as it deems appropriate to correct the same. An Owner's or tenant's
right to keep household pets shall be coupled with the responsibility to pay for any damage
caused by such pets, as well as any costs incurred by the Association as a result of such pets, and
any such costs and damages shall be subject to all of the Association's rights with respect to the
collection and enforcement of Assessments as provided in Article 4 hereof.
8.6. Temporary Structures.
Except as hereinafter provided,no structure of a temporary character, including but not limited to,
a house,trailer,tent or shack shall be placed or erected on any Lot without the consent and
approval of the Architectural Review Committee and in accordance with the Design Guidelines;
provided, however,that during the actual construction, alteration,repair or remodeling of a
structure or a capital improvement,necessary temporary structures for storage of materials may be
erected and maintained by the person doing such work. Storage shed, play house,tree house,
detached garage,or similar type of structure shall not be considered to be a"structure of a
temporary character,"within the meaning of this section,subject to the Design Guidelines or
guide rules. The work of constructing, altering or remodeling any structure or other capital
improvement shall be prosecuted diligently from the commencement thereof until the completion
thereof. Further, no unsightly conditions, structures, facilities,equipment or objects shall be as
located on any Lot as to be visible from the street or from any other Lots.
8.7. Miscellaneous Improvements.
No advertising or signs of any character shall be erected,placed,
permitted,or maintained on any Lot other than a name plate of the occupant and a street
number,and except for a"For Sale," "Open House," "For Rent"or security sign(s)of not
more than a total of five(5)square feet each.Notwithstanding the foregoing,reasonable
signs,advertising,or billboards used by the Declarant and/or any Builder(with the written
consent of the Declarant)in connection with the sale or rental of the Lots,or otherwise in
connection with initial development of or construction on the Lots, shall be permissible.
8.7.1. Other than during initial construction,no construction materials,wood
piles,or storage areas shall be as located on any Lot as to be visible from a street or from
the ground level of any other Lot.after initial construction is complete. for more than thith
(10)dacs out of am calendar year
8.7.2. Except for solar panels.which are regulated by law no types of
.- refrigerating, cooling or heating apparatus shall be permitted on a roof.
8.7.3. Except as may otherwise be permitted by the Architectural Review
Committee, subject to any provisions of the Design Guidelines or guide rules,no exterior
radio antenna, television antenna,or other antenna, satellite dish,or audio or visual
16
reception device of any type shall be placed,erected or maintained on any Lot,except inside
a residence or otherwise concealed from view;provided,however,that any such devices
may be erected or installed by the Declarant during its sales or construction upon the Lots;
and provided further,however,that the requirements of this subsection shall not apply to
those "antenna"(including certain satellite dishes)which are specifically covered by the
Telecommunications Act of 1996 or regulations adopted there under,as amended.As to
"antenna"(including certain satellite dishes)which are specifically covered by the
Telecommunications Act of 1996 or regulations adopted there under,as amended,the
Association shall be empowered to adopt rules and regulations governing the types of
"antennae"(including certain satellite dishes)that are permissible and,to the extent permitted by the
Telecommunications Act of 1996 or regulations adopted there under,a
Amended, establishing reasonable, non-discriminatory restrictions or requirements relating to
appearance,safety, location and maintenance.
8.7.5. Fences shall be permitted only in accordance with the prior,written
approval of the Architectural Review Committee;except such fences as may be constructed,
installed or located by the Declarant or Builder in their development of,or construction of
Improvements in,the Community.
8.7.6. No wind generators,hanging articles(including without limitation
clotheslines),drying yards,or service yards,shall be constructed,installed,erected or
maintained on any Lot,except upon the approval of the Architectural Review Committee and subject
to the other restrictions in the Governing Documents and Master Declaration.
8.7.7. Dog runs shall be permitted on a Lot only with the prior written approval
of the Architectural Review Committee,subject to any provisions of the Design Guidelines
or guide rules.
8.7.8. All driveways must be installed,constructed,maintained,repaired and
replaced with a hard surface material such as concrete,crushed rock or asphalt.
8.7.9. All structures must comply with applicable law and the requirements of
the Architectural Review Committee.
8.8. Vehicular Parking, Storage and Repairs.
8.8.1. House trailers,camping trailers,boat trailers,hauling trailers,jet skis,boats,or
accessories thereto,trucks(larger than one(1)ton),self-contained motorized
recreational vehicles,or other similar types of recreational or commercial vehicles or
equipment,may be parked on a driveway on a Lot or parked or stored elsewhere on a Lot if
such vehicles or equipment are screened from view in accordance with the prior approval of
the Architectural Review Committee.However,any such vehicle may be otherwise parked
as a temporary expedient for loading. delivery_or emergency. This restriction. however.
shall not restrict trucks or other commercial vehicles which are necessan for construction or
maintenance of any portion of the Community or any Improvements located thereon.
8.8? Except as othenwise provided in this and the next sentence,no
disassembled or partially disassembled vehicles of any type, shall be parked, stored,
maintained,or used in the front yard or driveway of any Lot(unless such parking or storage
will be within the fully enclosed garage of a Lot)nor shall any such vehicle be parked or
stored on any property visible from the ground level of any other Lot.
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8.8.3. Except as hereinabove provided,no abandoned or inoperable
automobiles or vehicles of any kind shall be stored or parked in the Community. An
"abandoned or inoperable vehicle"shall be defined as any automobile,truck,motorcycle,or
other similar vehicle,which has not been driven under its own propulsion for a period one
week(7 days),or which does not have an operable propulsion system installed therein,or
which is not then currently registered and licensed;provided,however,that otherwise Permitted
vehicles parked by Owners while on vacation(for a maximum of two(2)weeks)or during a period of
illness shall not be deemed to be abandoned.
8.8.4. In the event the Association shall determine that a vehicle is parked or
stored on any Lot in violation of subsections 10.8.1,10.8.2,or 10.8.3,then a written notice
describing said vehicle shall be personally delivered to the owner thereof(if such owner can
be reasonably ascertained)or shall be conspicuously placed upon the vehicle(if the owner
thereof cannot be reasonably ascertained),and if the vehicle is not removed within a
reasonable time thereafter,as determined by the Association in its discretion from time to
time,the Association shall have the right to remove the vehicle at the sole expense of the
owner thereof.
8.8.5. No activity such as,but not limited to,maintenance,repair,replacement,
reconstruction,rebuilding,dismantling,repainting or servicing of any kind of vehicles,
trailers or boats,may be performed or conducted in the Community unless it is done within
completely enclosed structure(s)which screen the sight and sound of the activity from the
street and from adjoining property.The foregoing restriction shall not be deemed to prevent
washing and polishing of any motor vehicle,boat,trailer,motor-driven cycle,or other
vehicle,together with those activities normally incident and necessary to such washing and
polishing.
8.9. Nuisances.
No nuisance shall be permitted in the Community nor any use,activity or practice which is a
source of annoyance or embarrassment to,or which offends or disturbs the resident of any Lot or
which interferes with the peaceful enjoyment or possession and proper use of any Lot, or any
portion thereof, by its residents. As used herein,the term "nuisance" shall not include any
activities of Declarant which are reasonably necessary to the development and construction of,and
sales activities in,the Community; provided, however,that such activities of the Declarant shall
not unreasonably interfere with any Owner's use and enjoyment of his Lot,or with any Owner's
ingress and egress to or from his Lot and a public way.No noxious or offensive activity shall be
carried on in the Community nor shall anything be done or placed in the Community which is or
may become a nuisance or cause embarrassment,disturbance or annoyance to others.Further, no
improper,offensive or unlawful use shall be permitted in the Community or any portion thereof.
All valid laws, ordinances and regulations of all governmental bodies having jurisdiction over the
Community, or any portion thereof, shall be observed.
8.ID. A'o Hazardous Activities'. Vo Hceardous Materials or('hemicals
No activities shall be conducted on any Lot. or within Improvements constructed on an Lot.
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 an exterior fireplace, or except such campfires or picnic fires on
property which may be designated for such use by the Association. Further, no hazardous
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Materials or chemicals shall at any time be located,kept or stored in,or at any Lot except such
As may be contained in household products normally kept at homes for use of the residents
thereof and in such limited quantities so as to not constitute a hazard or danger to person or
property.
8.11. No Annoying Light, Sounds or Odors.
No light shall be emitted from any Lot which is unreasonably bright or causes unreasonable glare;no
sound shall be emitted from any Lot which is unreasonably loud or annoying;and no odor shall be
permitted from any Lot which is noxious or offensive to others.Any exterior lighting installed or
maintained on a Lot or Improvements(s)shall either be indirect or of such controlled focus and
intensity so as not to disturb the residents of adjacent or nearby property.
8.12. Restrictions on Trash and Materials.
No refuse,garbage,trash,lumber,grass,shrubs or tree clippings,plant waste,metal,bulk materials,
scrap or debris of any kind shall be kept,stored,or allowed to accumulate except inside the residence
on any Lot,nor shall any such items be deposited on a street,unless placed in a suitable container
suitably located solely for the purpose of garbage pickup.Notwithstanding the preceding,an Owner
may accumulate such items in a compost pile or other similar fertilization system for their personal
home use.All equipment for the storage or disposal of such materials shall be kept in a clean and
sanitary condition.No garbage or trash cans or receptacles shall be maintained in an exposed or
unsightly manner.
8.13. Lots to be Maintained
Each Lot shall at all times be kept in a clean,sightly and wholesome condition by the Owner thereof.
No trash,litter,junk,boxes,containers,bottles,cans,implements or machinery shall be permitted to
remain upon any Lot except as necessary during the period of construction or as provided in Section
10.12 of this Declaration.
8.14. Leases.
The term"lease",as used herein,shall include any agreement for the leasing or rental of a Lot,or any
portion thereof,and shall specifically include,without limitation,month-to-month rentals and
subleases.Any Owner shall have the right to lease his Lot,or any portion thereof,under the following
conditions:
8.14.1. All leases shall be in writing.
8.142. All lences shall provide that the terms of the lease and lessee's occupancy
of the leased premises shall be subject in all respects to the provisions of this Declaration,
and the Articles of Incorporation,Bylaws and rules and regulations of the Association;and
that any failure by the lessee to comply with any of the aforesaid documents,in any respect,
shall be a default under the lease.
8-15 Lundccuping of Lots
Within the time frames as hereinafter provided.the Owner(other than Declarant or a Builder)of each
I of shall install landscaping(which may include native grasses)on all of the Lot which is not covered b_s
a building or building Improvement,and shall thereafter maintain such
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Landscaping in a neat and attractive condition, including periodic and horticultural
correct pruning, removal of weeds, and replacement of landscaping. The Owner of each
Lot (other than Declarant or a Builder) shall install landscaping (which may include native
grasses) on such Lot within one hundred eighty (180) days after Certificate of
Occupancy. Lot by such Owner if said time period occurs between April 1 and October 1;
if said time period does not occur between such dates, then such landscaping shall be
installed by such Owner by the following October 1. Landscaping plans and other
required documents shall be professionally done, shall be in accordance with the Design
Guidelines or guide rules (which may specify landscaping requirements), and shall be
submitted to the Architectural Review Committee for review; and the approval prior to the
installation of landscaping (which may include native grasses), except where installed by
the Declarant or Builder. In addition, each Owner shall be responsible for revegetating
landscaped areas of his Lot that are disturbed by construction. If any Owner fails to
comply with this Section, or with the requirements of the Architectural Review Committee
in installation of landscaping (which may include native grasses), the Association may, at
the direction of the Board of Directors, enter upon such Lot and install or maintain
landscaping (which may include native grasses)for which the Owner shall be obligated to
pay, in accordance with and subject to the provisions of Section 8.2 of this Declaration.
8.16. Restrictions on Mining or Drilling.
No property within the Community shall be used for the purpose of mining, quarrying,
drilling, boring or exploring for or removing oil, gas or other hydrocarbons, minerals,
rocks, stones, gravel or earth, except drilling or exploring for oil, gas or other hydrocarbons
pursuant to oil and gas leases in effect on the date that this Declaration is recorded, as
the same may be amended and supplemented from time to time.
8.17. Oil and Gas Well Disclosure.
Oil field Production: If Oil/Gas production facilities become present within the said
subdivision, oil/gas vehicles have the right to access their facilities within the subdivision
without any interference by lot owners.
By acceptance of a deed to a Lot, each Owner recognizes the existence
of oil and gas leases on the Community and Annexable Area and the surface activity
associated with such oil and gas leases, and assumes the risk of owning property near or
adjacent to an oil and gas well operation. Such risks include, without limitation, injury or
damage to person and/or property arising out of or resulting from the drilling, operation and
maintenance of an oil and gas well; noise associated with an oil and gas well operation;
explosion and fire; leakage of oil and/or gas from drilling or production facilities; vehicles
servicing the oil and gas site (collectively the "Oil and Gas Well Risks"). The waiver and
release set out in Section 13.16 shall apply to this Section.
ARTICLE 9. RIGHT TO FARM COVENAMT
9.1. The Right to Farm Covenant: Weld County is the most productive
agricultural county in the United States The rural areas of Weld County may be open and
spacious, but they are intensively used for agriculture. Persons moving into a rural area
must recognize there are drawbacks, including conflicts with long-standing agricultural
practices and lower level of services than in town.
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Agricultural users of the land should not be expected to change their long-established
agricultural Practices to accommodate the intrusions of urban users into a rural area. Well
run agricultural activities will generate off-site impacts, including noise from tractors and
equipment; dust from animal pens, fields work, harvest, and gravel roads; odor from
animal confinement, silage, and manure; smoke from ditch burning; flies and mosquitoes;
the use of pesticides and fertilizers in the fields, including the use of aerial spraying.
Ditches and reservoirs cannot simply be moved "out of the way" of residential
development without threatening the efficient delivery of irrigation to fields which is
essential to farm production.
Weld County covers a land area of over 4,000 square miles in size (twice the size of the
state of Delaware)with more than 3,700 miles of state and county roads outside of
municipalities. The sheer magnitude of the area to be served stretches available resources.
Law enforcement is based on responses to complaints more than on patrols of the county
and the distances which must be traveled may delay all emergency responses, including
law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who
must leave their jobs and families to respond to emergencies.
County gravel roads, no matter how often the are graded, will not provide the same kind of
surface expected for a paved road. Snow removal priorities mean that roads from
subdivisions to artenals may not be cleared for several days after a major snowstorm. Snow
removals for roads within subdivisions are of the lowest priority for the public works or may be
the private responsibility for the homeowners. Services in rural areas, in many cases, will
not be equivalent to municipal services.
ARTICLE 10. PROPERTY RIGHT'S IN THE COMMON ELEMENTS
r 10.1. Owners'Easements of Enjoyment.
The"Colorado Common Interest Ownership Act", (CCIOA)shall apply to these Covenants.
Subject to this Article,every Owner shall have a non-exclusive right and easement for the purpose
of access to their Lots and for use for all other purposes, in and to the Common Elements,and
such easement shall be appurtenant to and shall pass with the title to every Lot, subject to the
designation of certain Common Elements as Limited Common Elements.However: no use shall
be made of the Common Elements which will in any manner violate the statutes,rules,or
regulations of any governmental authority having jurisdiction over the Common Elements;no
Owner shall engage in any activity which will temporarily or permanently deny free access to any
part of the Common Elements to all Members, nor shall any Owner place any structure
whatsoever upon the Common Elements; and no use shall ever be made of the Common Elements
which will deny ingress and egress to those Owners having access to their Lots only over
Common Elements,and the right of ingress and egress to said Lots is hereby expressly granted.
10.2. Extent of Owners'Easements.
Subject to the other provisions of this Article, the rights and easements of enjoyment created
hereby are subject to the following:the Common Elements may not be used in any manner which
violates the statutes. rules_ or regulations of any governmental authority with jurisdiction over the
Common Elements:and no Owner may place any structure on the Common Elements. In addition.
such rights and easements are subject to the following rights of the Association:
10.2.1. The right of the Association to borrow money for the purpose of improving
the Common Elements and to mortgage said property as security for any such loan;
provided,however,that the Association may not subject any portion of the Common
Elements to a Security Interest except in accordance with CCIOA;and
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•
10.2.2. The right of the Association to take such steps as are reasonably necessary to
protect the Common Elements against foreclosure;and
10.2.3. The right of the Association to promulgate and publish standards,guidelines,
rules and regulations,with which each Member shall strictly comply;and
10.2.4. The right of the Association to suspend the voting rights of a Member for
any period during which any assessment against his Lot remains unpaid and,for a period
not to exceed sixty(60)days,for any infraction of the Association Bylaws or the rules and
regulations of the Association;and
10.2.5. The right of the Association to dedicate or transfer all or any part of the
Common Elements owned by the Association to any public agency,authority,or utility for
such purposes and subject to such conditions as may be agreed to by the Members,provided
that no such dedication or transfer shall be effective unless the same is done in accordance
with CCIOA.Notwithstanding the foregoing,the granting of permits, licenses and
easements for public utilities,roads or for other purposes reasonably necessary or useful for the
proper maintenance or operation of the community.
10.2.6. ARTICLE 11.
11.3. Declarant's Use of Common Elements.
An easement is hereby granted to the Declarant through the Common Elements as may be
reasonably necessary for the purpose of discharging any of Declarants obligations or exercising
any rights of the Declarant, including without limitation Special Declarant Rights.No Owner
shall engage in any activity which will temporarily or permanently interfere with this easement
through the Common Elements.No motorized vehicles allowed on common element.No Grazing
of animals.
11.4. Limited Common Elements.
Subject to the terms and provisions of this Declaration, every Owner shall have the right to use and
enjoy the Limited Common Elements appurtenant to such Owner's Lot or which are otherwise
designated for use by such Owner's Lot. Such right shall be exclusive except as to those Owners
with a right to use such Limited Common Elements.
11.5. Delegation of Use.
Any Owner may delegate his right of enjoyment to the Common Elements and facilities to the
members of his family, his tenants, or contract purchasers who reside on his Lot.
11.6. Payment of Taxes or Insurance by Security Interest Holders.
Security Interest Holders shall have the right.jointly or singly, to pay taxes or other charges or
Assessments which are in default and which may or have become a lien against the Common
Elements and may pay overdue premiums on hazard insurance policies or secure new hazard
insurance coverage on the lapse of a policy for the Common Elements. and any Security Interest
Holders making any such payments shall he owed immediate reimbursement therefore from the
Association.
11.7. Conveyance or Encumbrance of Common Elements.
Portions of the Common Elements may be conveyed or subjected to a Security Interest by the
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Association only in accordance with CCIOA and this Declaration.
11.8. Designation of Common Elements.
Declarant in recording this Declaration has designated certain areas of land as Common Elements
intended for the common use and enjoyment of Owners for recreation and other related Activities,
as provided in this Declaration and other applicable documents. The Common Elements owned by
the Association is not dedicated hereby for use by the general public.
11.9. Duty to Accept Property and Facilities Transferred by Declarant
The Association shall accept title to any Common Elements, including Improvements thereon,as
well as personal property,equipment,easements and any property on which the Association has
or assumes maintenance responsibilities,transferred to the Association by the Declarant,together
with responsibility to perform all duties and functions of the Association which are set forth in
this Declaration or otherwise assumed by the Association. As of the date of recording of this
Declaration, interests which are planned to be transferred by the Declarant to the Association are
planned to consist only of fee simple title to Common Elements to be located in the property
described on the attached Exhibit A and/or the Annexable Area and/or easements.
ARTICLE 12. DISPUTE RESOLUTION
12.1. Intent of Article;Applicability of Article;and Applicability, of Statutes of
Limitation.
12.1.1. Each Party(as defined below)agrees to encourage the amicable
resolution of disputes,without the emotional and financial costs of litigation.Accordingly,
each Party covenants and agrees to submit all Claims each alleges to have to the procedures
set forth in this Article and not to a court of law.
12.12. By acceptance of a deed for a Lot,each Owner agrees to abide by the
terms of this Article.
12.1.3. No Claim(as defined below)may be initiated after the date when
institution of legal or equitable proceedings based on such Claim would be barred by the
applicable statute of limitation or statute of repose.
Section 12.2. Definitions Applicable to this Article.
For purposes of this Article only,the following terms have the meanings set forth in this Section:
12.2.1. "AAA"means the American Arbitration Association.
12.2.2. "Party"means each of the following: Declarant, its officers,directors,
partners, members, employees and agents;the Association, its officers, directors and
committee members:all persons subject to this Declaration:an builder its officers.
directors. partners. members.employees and agents;and any person not otherwise subject to
this Declaration who agrees to submit to this Article.
?.?.3. "Claimant" means any Party having a Claim.
12.2.4. "Claim"means,except as exempted by the terms of this Article,any
claim,grievance or dispute between one Party and another,regardless of how the same may
have arisen or on what it might be based, including without limitation those arising out of or
related to(i)the interpretation,application or enforcement of any of the Governing
Documents or the rights,obligations and duties of any Party under any of the Governing
Documents;(ii)the design or construction of improvements; (iii)any statements,representations,
promises,warranties,or other communications made by or on behalf of any Party.
12.2.5. "Inspecting Party"means a Party causing an inspection of the Subject
Property to be made.
12.2.6. "Respondent"means any Party against whom a Claimant asserts a
Claim.
12.2.7. "Subject Property"means the property being inspected pursuant to the
inspection right provided in Section 12.7 of this Declaration.
12.2.8. "Termination of Mediation"means a period of time expiring thirty(30)
days after a mediator has been agreed upon by the parties(however,a mediator shall be
selected no later than 45 days after the Claimant has given notice to the Respondent of the
Claim and if the parties are unable to agree on a mediator,one shall be chosen by the AAA)
and the matter has been submitted to mediation(or within such other time as determined by
the mediator or agreed to by the Claimant and Respondent)and upon the expiration of
which the Claimant and Respondent have not settled the Claim.
12.3. Approval Required for Association Actions.
Except as provided in Section 12.6 below,the approval of seventy-five percent(75%)of a quorum
(as provided in Section 12.4)of the Association votes cast by Members voting in person or by
proxy at a meeting duly called for this purpose,or voting pursuant to written ballot,must be
obtained before the Association shall have the power to institute action on any Claim pursuant to
this Article,or to make any counterclaim or cross-claim in any lawsuit or other action brought
against the Association. Such approval must be obtained in accordance with the requirements of
Section 12.4.
12.4. Notice and Quorum for Association Actions.
Written notice of any meeting of Members which includes a vote pursuant to Section 12.3 hereof
shall be sent to all Members not less than thirty(30)days nor more than fifty(50)days in advance
of the meeting. Such written notice,or if the vote is to be by written ballot then such written
ballot, shall include the following information:
12.4.1. A statement regarding the nature of the Claim. Such statement shall
include,without limitation,the name(s)of the proposed Respondent(s),the basis and reason
for the Claim,and any other information necessary to adequately explain the nature of the
proposed Claim; and
124 2_ A good-faith estimate of the costs and fees. including the fees of
consultants. expert witnesses and attorneys, reasonably anticipated to he incurred by or for
the Association in prosecuting the Claim. with such estimate prepared by the primary
attorney the Board proposes to have prosecute the Claim on its behalf and
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12.4.3. A statement advising Members that the costs and fees of prosecuting any
Claim may substantially increase the amount of Assessments payable by the Owners to the
Association;and
12.4.4. A good-faith estimate of the manner in which any moneys reasonably
anticipated to be recovered from the Claim will be distributed or paid to consultants,expert
witnesses,the Association, its attomey(s)and any others,prepared by the primary attorney
the Board proposes to have prosecute the Claim on its behalf;and
12.4.5. A good faith estimate of the projected time frame for resolution of the
Claim;and
12.4.6. All terms and provisions of the agreement between the Association and
the attomey(s)the Board proposes to have prosecute the Claim.
The presence of Members or of proxies,or if by ballot then receipt by the Association of written
ballots,entitled to cast seventy-five percent(75%)of all of the Association votes,shall constitute a
quorum at any meeting at which the Members vote on approval of any Claim the Association wishes
to bring.
12.5. Required Form of Proxy or Ballot.
Each written proxy,and each ballot,which purports to vote on,or authorize a vote on,approval of
the Association bringing a Claim shall contain the following statement:
Despite the fact that my annual Assessments may be significantly
increased by the costs and fees associated with the proposed claim, I/we
APPROVE the authority of the Association to bring such claim.
12.6. Exclusions from "Claim."
Unless specifically exempted by this Article,all Claims between any of the Parties shall be subject to
the provisions of this Article. Notwithstanding the foregoing, unless all Parties thereto otherwise
agree, "Claim" does not include the following, whether such are brought by lawsuit,counterclaim or
cross-claim and the same shall not be subject to the provisions of this Article:
12.6.1. An action by the Association to enforce the provisions of Article 4 of
this Declaration(Covenant for Assessments);and
12.6.2. An action by the Association to obtain a temporary restraining order or
injunction(or equivalent emergency equitable relief)and such other ancillary relief as the
court may deem necessary in order to enforce any of the provisions of Article 10 of this
Declaration(Restrictions)or of Article 5 of this Declaration(Architectural Review);and
12.6.3. any suit between or among Owners. which does not include Declarant_a
Participating Builder or the Association as a party, if such suit asserts a Claim which would
constitute a cause of action independent of the Governing Documents: and am suit in which any
indispensable party is not a Party.
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12.7. Right to Inspect.
Prior to any Party commencing any proceeding to which another Party is a party, including but
not limited to an alleged defect of any Improvement,the Respondent shall have the right to be
heard by the Claimant and, if any Claimant is the Association,by the Members,and to access,
inspect, correct the condition of,or redesign any portion of any Improvement as to which a defect
is alleged or otherwise correct the alleged dispute;provided,however,any correction to,or
redesign of, an Improvement shall be made upon terms and conditions acceptable to all affected
Parties. In the exercise of the inspection rights contained herein,the Inspecting Party shall:
12.7.1. Be careful to avoid unreasonable intrusion upon,or harm,damage or
costs to the affected Party including,without limitation,using its best efforts to avoid
causing any damage to,or interference with,any Improvements to the Subject Property;
12.7.2. Minimize any disruption or inconvenience to any person who occupies
the Subject Property;
12.7.3. Remove daily all debris caused by the inspection and located on the
Subject Property;and
12.7.4. In a reasonable and timely manner,at the sole cost and expense of the
Inspecting Party,promptly remove all equipment and materials from the Subject Property
and repair and replace all damage,and restore the Subject Property to the condition of the
Subject Property as of the date of the inspection unless the Subject Property is to be
immediately repaired.
The Inspecting Party shall not permit any lien,claim or other encumbrance arising from the
exercise of its right to inspect to accrue against or attach to the Subject Property. The Inspecting
Party shall indemnify,defend, and hold harmless the affected Owners and their tenants,guests,
employees and agents,against any and all liability, claims,demands, losses, costs and damages
incurred, including court costs and attorneys'fees,resulting from any breach of this Section by the
Inspecting Party.
Section 12.8. Mandatory Procedures.
12.8.1. Good Faith Negotiations. The Parties shall make every reasonable
effort to meet in person and confer for the purposes of resolving the Claim by good faith
negotiation. Any Party may be represented by attorneys and independent consultants to
assist such Party in negotiations and to attend meetings.
12.8.2. Notice. Prior to proceeding with any claim against a Respondent,each
Claimant shall give a notice to each Respondent.which notice shall state plainly and
concisely:
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12.8.2.1. the nature of the Claim,including all persons involved and Respondent's
role in the Claim;
12.8.2.2. the legal or contractual basis of the Claim(i.e.,the specific
authority out of which the Claim arises);and
12.8.2.3. the specific relief and/or proposed remedy sought.
12.8.3. Mediation.
12.8.3.1. If the Parties do not resolve the Claim through negotiations
within thirty days after submission of the Claim to the Respondent(s),Claimant
shall have an additional thirty(30)days to submit the Claim to mediation under the
auspices of the AAA in accordance with the AAA's Commercial or Construction
Industry Mediation Rules,as appropriate.
12.8.3.2. If Claimant does not submit the Claim to mediation within such
time,or does not appear for the mediation,Claimant shall be deemed to have
waived the Claim,and Respondent shall be released and discharged from any and
all liability to Claimant on account of such Claim;provided,nothing herein shall
release or discharge Respondent from any liability to any person other than the
Claimant.
12.8.3.3. My settlement of the Claim through mediation shall be
documented in writing by the mediator and signed by the Parties.If a Termination
of Mediation occurs,the mediator shall issue a notice of Termination of Mediation.
The Termination of Mediation notice shall set forth that the Parties are at an impasse
and the date that mediation was terminated.
12.8.3.4. Each Party shall bear its own costs of the mediation,including
attorneys'fees,and each Party shall share equally all charges rendered by the
mediator.
12.8.3.5. If the Parties agree to a resolution of any Claim through
negotiation or mediation in accordance with Section 12.8.3 and any Party thereafter
fails to abide by the terms of such agreement,then any other Party may file suit or
initiate arbitration proceedings to enforce such agreement without the need to again
comply with the procedures set forth in Section 12.8. In such event,the Party taking
action to enforce the agreement shall be entitled to recover from the non-complying
Party(or if more than one non-complying Party,from all such Parties pro rata)all
costs incurred in enforcing such agreement, including without limitation,attorneys'
fees and court costs.
12 8.4. Binding Arbitration
12.8.4.1. l ipon termination of Mediation. if Claimant desires to pursue the Claim.
Claimant shall thereafter be entitled to initiate final.binding arbitration
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of the Claim under the auspices of the AAA in accordance with the AAA's Commercial or
Construction Industry Arbitration Rules,as appropriate,subject to any Federal arbitration statutes
and State arbitration statutes as applicable. Any judgment upon the award rendered by the arbitrator
may be entered in and enforced by any court having jurisdiction over such Claim. Unless otherwise
mutually agreed to by the parties to the Claim,there shall be one arbitrator who,to the extent
feasible,shall have expertise in the area(s)of dispute,which may include legal expertise if legal
issues are involved.
12.8.4.3 Each Party shall bear its own costs and expenses and an equal
share of the arbitrator's and administrative fees of arbitration.Notwithstanding the
foregoing,if a Parry unsuccessfully contests the validity or scope of arbitration in a
court of law,the arbitrator or the court shall award reasonable attorneys'fees and
expenses incurred in defending such contests,including those incurred in trial or on
appeal,to the non-contesting Party.All decisions respecting the arbitrability of any
Claim shall be decided by the arbitrator.
12.8.4.3 The award of the arbitrator shall be accompanied by detailed written
findings of fact and conclusions of law.Except as may be required by law
or for confirmation of an award,neither a party nor an arbitrator may disclose the
existence,content,or results of any arbitration without the prior written consent of all parties to the
Claim.
12.9. Liability for Failure of Association to Maintain an Action
No director or officer of the Association shall be liable to any person for failure to institute or
maintain or bring to conclusion a cause of action,mediation or arbitration for a Claim if the
following criteria are satisfied: (i)the director or officer was acting within the scope of his or her
duties;(ii)the director or officer was acting in good faith;and(iii)the act or omission was not
willful,wanton or grossly negligent.
12.10. Severability.
All provisions of this Article are severable.Invalidation of any of the provisions of this Article,by
judgment,court order or otherwise, shall in no way affect or limit any other provisions of this
Article which shall remain in full force and effect.
12.11. Amendment.
Notwithstanding anything to the contrary contained in this Declaration,this Article 12 shall not be
amended unless such amendment is approved by Members to which at least eighty percent(80%)
of the votes in the Association are allocated.
ARTICLE 13. GENERAL PROVISIONS
13 I Enforcement; Fines
13 1.1 Enforcement of the covenants. conditions. restrictions.easements.
reservations,rights-of-way, liens. charges and other provisions contained in this
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Declaration,the Articles of Incorporation,Bylaws or rules and regulations of the Association,as
amended,may be by any proceeding at law or in equity against any Person(s)violating or attempting
to violate any such provision. Except as otherwise provided in this Declaration,the Association and
any aggrieved Owner shall have the right to institute,maintain and prosecute any such proceedings
subject to Article 12 of this Declaration(Dispute Resolution).For each claim, including,but not
limited to,counterclaims,cross claims and third-party claims, in any proceeding to enforce the
provisions of CCIOA or of the Declaration,Articles of Incorporation,Bylaws or rules and regulations
of the Association,the court shall award to the party prevailing on such claim the prevailing party's
reasonable collection costs and attorney fees and costs incurred in asserting or defending the claim.
Failure by the Association or any Owner to enforce any covenant,restriction or other provision
herein contained,or any other provision of any of the aforesaid documents,shall in no event be
deemed a waiver of the right to do so thereafter.
13.1.2. Subject to the following sentence,the Association shall have the right to levy and
collect fines(as provided in Article 4 of this Declaration(Assessments))for the violation of any
provision of any of the aforesaid documents. Prior to collection of any fines,the Association,the
Board of Directors,or an authorized management company of the Association,shall mail a notice of
violation to the Person(s)alleged to be in violation of any such provision and such notified Person(s)
has a right to a hearing upon submission to the Board of Directors of a written request for hearing,
which is properly signed by such Person(s)and dated,within ten(10)days after the notice of
violation has been mailed or such other time as the Board of Directors may decide in its discretion
from time to time;failure of a notified Person to request a hearing in writing within the required time
period shall constitute a waiver of such right to a hearing.
13.2. Severability.
All provisions of this Declaration,the Articles of Incorporation and Bylaws of the Association,
are severable. Invalidation of any of the provisions of any such documents, by judgment,court
order or otherwise, shall in no way affect or limit any other provisions which shall remain in full
force and effect.
13.3. Conflict of Provisions.
In case of any conflict between this Declaration and the Master Declaration,the Master
Declaration shall control. In case of any conflict between this Declaration and the Articles of
Incorporation or Bylaws of the Association,this Declaration shall control.In case of any conflict
between the Articles of Incorporation and the Bylaws of the Association,the Articles of
Incorporation shall control.
13.4. Conflict with CCIOA.
In the event that any of the terms or provisions of this Declaration are in conflict or inconsistent
with CCIOA,the terms or provisions of CCIOA shall control and govern. In case of any such
conflict or inconsistency, the applicable terms and provisions contained in this Declaration shall_
to the extent possible_ be construed in accordance with CCIOA. and an'y
29
provisions regarding obligations to pay Assessments to the Association and any right to cast votes as
Members,shall apply to annexed property immediately upon the effective date of the Annexation of
Additional Land(which shall constitute the date of recording of the Annexation of Additional Land
unless otherwise stated therein).The Declarant's right to annex the Annexable Area without
approval shall terminate automatically when the Special Declarant Rights terminate,as provided in
Section 1.30 of this Declaration.
13.5.5. Subsequent to the date of recording hereof,each Person(except a
Builder)who purchases any portion of the property described on the attached Exhibit D
("Parcel"),will have agreed pursuant to applicable documents that such Parcel will be
governed by this Declaration.The Declarant,therefore,reserves the right(but not the
obligation)during the time period set forth in subsection 13.5.3 of this Section to annex the
Parcel to the Declaration without further authorization from the Person(except a Builder)
who has purchased such Parcel,even if such annexation occurs subsequent to conveyance
of the Parcel by Declarant.
13.5.6. The property which is described on the attached Exhibit A and each
portion of the Community which is annexed to this Declaration by the Declarant shall be
subject to a right of withdrawal by the Declarant. Such withdrawal may be accomplished, if
at all,in accordance with CCIOA.However,the Declarant's right to withdraw each such
portion of the Community shall expire and terminate,as to each portion of the Community
which has been annexed to this Declaration,upon the first conveyance of any Lot in such
portion of the Community to any Person other than the Declarant,but in any event,no later
than automatic termination of the Special Declarant Rights as provided in Section 1.30
hereof.
Section 13.6. Subdivision or Replatting of Lots.
The Declarant or the Association will not change the number of Lots in the Community. No Lot
may be further subdivided from that existing at the time such Lot becomes subject to this
Declaration. There will be no Replatting of the commons element.
Section 13.7. Declarant's and Builder's Use.
Notwithstanding anything to the contrary contained in this Declaration, it shall be expressly
permissible and proper for Declarant, its employees, agents,and contractors, as well as any Builder
(but only with the written consent of the Declarant),to perform such reasonable activities,and to
maintain upon portions of the Lots and the Common Elements such facilities as Declarant deems
reasonably necessary or incidental to the construction and sale of Lots and development and
construction of Improvements.The foregoing includes,without limitation, locating,maintaining
and relocating management offices, signs,model units and sales offices,in such numbers,of such
sizes,and at such locations as it determines in its reasonable discretion from time to time. Further,
nothing contained in this Declaration shall limit the rights of Declarant or require the Declarant to
obtain approvals.
30
13.7.1.1. excavate,cut,fill or grade any property(with the consent of
the Owner thereof)or to construct,alter,demolish or replace any Improvements;to use any
Improvements on any property(with the consent of the Owner thereof)as a construction,
management,model home or sales or leasing office in connection with the development,
construction or sale of any property; and/or
13.7.1.2. to require Declarant to seek or obtain any approvals under this
Declaration or any Supplemental Declaration for any such activity.Any real estate
used as a sales office,management office,or a model,shall be a Lot or part of a Lot.
13.8. Duration, Revocation, and Amendment
13.8.1. Each and every provision of this Declaration shall run with and bind the
land perpetually. Except as otherwise provided in this Declaration,this Declaration may be
amended by a vote or agreement of Owners holding more than sixty-seven percent(67%)of
the Allocated Interests;provided,however,while Declarant owns any portion of the
property described on Exhibits A and D,no amendment may be made to this Declaration
except with the affirmative vote or agreement of Members holding ninety percent(90%)of
the Allocated Interests.
13.8.2. Every amendment,if any,to the Declaration must be done in compliance
with CCIOA.
13.8.3. Notwithstanding anything to the contrary contained in this Declaration,
the Declaration may be amended in whole or in part,at any time from time to time,by the
Declarant without the consent or approval of any other Owner,any Security Interest Holder,
or any other Person, in order to comply with the requirements,standards,or guidelines of
any of the Agencies or of recognized secondary mortgage markets. Such right of
amendment shall terminate automatically when the Special Declarant Rights terminate,as
provided in Section 1.30 hereof.
13.8.4. Notwithstanding anything to the contrary contained in this Declaration,
this Declaration,or any map or plat,may be amended in whole or in part,at any time from
time to time,by the Declarant without the consent or approval of any other Owner,any
Security Interest Holder,or any other Person, in order to correct clerical,typographical,or
technical errors. Such right of amendment shall terminate automatically when the Special
Declarant Rights terminate,as provided in Section 1.30 hereof.
13.8.5. Except as to amendments which may be made by the Declarant,
amendments to the Declaration may be prepared,executed,recorded,and certified by any
officer of the Association designated for that purpose or. in the absence of designation. by
the president of the Association Such certification shall. in the case of an amendment
requiring the approval of Owners.cerlifi that the Association has received the requisite
31
approvals.Amendments to this Declaration which may be made by the Declarant pursuant to this
Declaration or as permitted by CCIOA,may be signed by the Declarant and shall require no other
signatory.
13.8.6 Any Amendments to this Declaration that could be a burden to Weld County for
maintaining any of the common elements must first be approved by the Weld County Board of
County Commissioners.
13.9. Registration of Mailing Address.
Each Owner and each Security Interest Holder, insurer or guarantor of a Security Interest,shall
register his mailing address with the Association, and except for annual statements and other routine
notices,all other notices or demands intended to be served upon an Owner,or upon a Security Interest
Holder, insurer or guarantor of a Security Interest, shall be sent by either registered or certified mail,
postage prepaid,addressed in the name of such Person at such registered mailing address. However, if
any Owner fails to notify the Association of a registered address,then any notice or demand may be
delivered or sent,as aforesaid,to such Owner at the address of such Owner's Lot. All notices, demands,
or other notices intended to be served upon the Board of Directors or the Association during the 75%
Control Period shall be sent by registered or certified mail, postage prepaid,JZM LLC 4200 Weld
County Road 19,Fort Lupton CO. 80621, unless such address is changed by the Association during the
75%Control Period; subsequent to termination of the 75% Control Period,the Association shall notify
the Owners of a different address for notices which may be done not less often than biannually with the
office of the Colorado Secretary of State.
13.10. Termination of Community.
The Community may be terminated only in accordance with CCIOA.
13.11. Transfer of Special Declarant Rights.
A Special Declarant Right created or reserved under this Declaration may be transferred only by
an instrument evidencing the transfer recorded in every county in which any portion of the Community is
located,and in accordance with CCIOA.
13.12. Eminent Domain.
The taking by eminent domain of a Lot(s)or Common Element(s),or any portion thereof, shall be
done in accordance with applicable law, including without limitation CCIOA.
13.13. Limitation on Liability.
The Association,the Board of Directors,the Architectural Review Committee,the Declarant,
any Builder, and the officers, directors, members, partners, agents and employees of the same,shall not
be liable to any Person for any action or for any failure to act unless the action or failure to act was not in
good faith and was done or withheld with malice. The release and waiver set forth in Section 13.16 shall
apply to this Section.
1 3.14. So Representations. Guarantees'or Warranties.
No representations. guaranties or warranties of any kind. express or implied. shall he deemed to
have been given or made by Declarant. the Association,the Board of Directors,the Architectural Review
Committee, any Builder, or by any of their officers,directors, members,partners,agents or employees, in
connection with any portion of the Community,or any
32
improvement,its or their physical condition,structural integrity, freedom from defects, zoning,
compliance with applicable laws,fitness for intended use,or view,or in connection with the subdivision,
sale,operation,maintenance,cost of maintenance,taxes or regulation thereof,unless and except as shall be
specifically set forth in writing. The release and waiver set forth in Section 13.18 shall apply to this
Section.
13.15. Disclaimer Regarding Safety.
DECLARANT,THE BUILDERS,THE ASSOCIATION, THE BOARD OF DIRECTORS AND
THE ARCHITECTURAL REVIEW COMMITTEE,AND THEIR OFFICERS,DIRECTORS,
MEMBERS,PARTNERS, AGENTS AND EMPLOYEES,HEREBY DISCLAIM ANY OBLIGATION
REGARDING THE SECURITY OF ANY PERSONS OR PROPERTY WITHIN THE COMMUNITY.
BY ACCEPTING A DEED TO PROPERTY WITHIN THE COMMUNITY, EACH OWNER
ACKNOWLEDGES THAT DECLARANT,THE BUILDERS,THE ASSOCIATION,THE BOARD OF
DIRECTORS AND THE ARCHITECTURAL REVIEW COMMI I 1 EE,AND THEIR OFFICERS,
DIRECTORS,MEMBERS,PARTNERS,AGENTS AND EMPLOYEES,ARE ONLY OBLIGATED TO
DO THOSE ACTS SPECIFICALLY ENUMERATED HEREIN,OR IN THE ARTICLES OF
INCORPORATION,BYLAWS AND RULES AND REGULATIONS OF THE ASSOCIATION, AND
ARE NOT OBLIGATED TO DO ANY OTHER ACTS WITH RESPECT TO THE SAFETY OR
PROTECTION OF PERSONS OR PROPERTY WITHIN THE COMMUNITY.THE RELEASE AND
WAIVER SET FORTH IN SECTION 13.18 SHALL APPLY TO THIS SECTION.
13.16. Waiver.
By acceptance of a deed to a Lot,each Owner hereby releases,waives,and discharges the
Declarant,the Association,the Board of Directors,each Builder,and their respective officers,directors,
members,partners,agents and employees,heirs, personal representatives, successors and assigns, from all
losses,claims,liabilities,costs,expenses,and damages, arising directly or indirectly from any hazards,
disclosures or risks set forth in this Declaration, including without limitation, Sections 10.17,13.14,
13.15, 13.16,13.17.
13.17. Headings.
The Article, Section and subsection headings in this Declaration are inserted for convenience of
reference only,do not constitute a part of this Declaration,and in no way define,describe or limit the scope
or intent of this Declaration or any of the provisions hereof.
13.18. Gender.
Unless the context requires a contrary construction,the singular shall include the plural and the
plural the singular and the use of any gender shall be applicable to all genders.
13.19. Run with Land;Binding Upon Successors.
The benefits, burdens and all other provisions contained in this Declaration shall be covenants
running with and binding upon this Community and all real property and Improvements which are not now
or hereafter become a part thereof. [he benefits, burdens and all other
33
Provisions contained in this Declaration shall be binding upon, and inure to the benefit of the
Declarant, the Association and all Owners, and upon and to their respective heirs, personal
representatives,successors and assigns.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK)
34
,N(m KERR-MCGEE ROCKY MOUNTAIN CORPORATION
1999 BROADWAY•SUITE 3600•DENVER,COLORADO 80202
PHONE 303/2963600
'Al( 3601
April 27, 2005
Mr. John Zadel
4200 Weld County Road 19
Fort Lupton, CO 80621
Re: Distant Thunder— Surface Use Agreement
Township 1 North, Range 67 West, 6th P.M.
Section 10: N/2SW/4
Weld County, Colorado
Dear Mr. Zadel:
Enclosed, please find a copy of the executed Surface Use Agreement between
Kerr-McGee Rocky Mountain Corporation and JZM, LLC dated March 31, 2005
pertaining to the above described lands. The original Surface Use Agreement has been
sent to Weld County for recording and Kerr-McGee will provide a copy to you upon
receipt.
You may contact me at 720-264-2638 should you have any questions.
Very truly yours,
Kerr-McGee Rocky Mountain Corporation
Lisa M. Schiel
Associate Land Analyst
SURFACE USE AGREEMENT
This Surface Use Agreement ("Agreement") is entered into and made effective this i
day of March 2005, and is between Kerr McGee Rocky Mountain Corporation ("KMG") with an
address of 1999 Broadway, Suite 3600, Denver, CO 80202, and JZM, LLC, with an address of
4200 Weld County Road 19, Fort Lupton, CO 80621, herein after referred to as "Surface
Owner".
A. Surface Owner owns the surface estate of that certain tract of land more
particularly described on Exhibit "A" attached hereto, being the N/2SW/4 of Section 10,
Township 1 North, Range 67 West, Weld County, Colorado (hereinafter referred to as the
"Property");
B. Surface ownership of the Property is subject to the rights of the oil and gas
mineral leasehold estate, which a portion is now owned by KMG;
C. Surface Owner plans to develop the surface of the Property as a residential
subdivision known as "Distant Thunder PUD";
D. KMG has the right to develop its oil and gas leasehold estate on the Property; and
E. This Agreement sets forth the parties' rights and obligations regarding the
relationship between the development of the Property by Surface Owner and KMG's
operation and development of its oil and gas leasehold estate, such rights and obligations
to be binding upon the parties' successors and assigns.
In consideration of the mutual covenants contained herein, and other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as
follows:
1. AREAS RESERVED FOR FUTURE WELLS.
Surface Owner shall provide KMG the areas designated on Exhibit "A" (the"Oil and Gas
Operations Areas"), in its present condition, for any operations conducted by KMG in
connection with Future Wells, including, but not limited to, production activities, workovers,
well deepenings, recompletions, fracturing and replacement wells. Except for the area included
within the Oil and Gas Operations Areas, and including the access roads and all access and
necessary easements associated with flowlines, gathering lines and pipelines as provided in this
Agreement, KMG shall not occupy the surface of the Property for any Future Wells except in the
event of an emergency or for reasonable incidental, temporary and non-damaging activities, and
KMG shall be strictly and solely responsible for any damages that may occur as a result of
KMG's activity on such portions of the Property.
2. WELL LOCATIONS.
KMG shall have the right to drill wells within the Oil and Gas Operations Areas,
including horizontal and directional wells that produce from and drain lands other than the
Property provided such lands are validly pooled with all or any portion of the lands included in
KMG's oil and gas lease covering the Property, and so long as such locations are permitted
locations under the then applicable well spacing regulations of the Colorado Oil and Gas
Conservation Commission ("COGCC") or exceptions granted thereto by the Director of the
COGCC, and the Surface Owner shall not protest or object to any such exception location.
KMG shall not otherwise have the right to drill new wells on the Property.
3. SETBACK REQUIREMENTS AND WAIVERS.
The Oil and Gas Operations Areas are more particularly described on the attached
Exhibit "A". Surface Owner will not locate any building or structure within the Oil and Gas
Operations Area. KMG's operations within the Oil and Gas Operations Areas shall include all
reasonably necessary use of the surface, including access to such area as shall be mutually agreed
upon by the Parties for use of the surface for maintenance, well deepenings, recompletions,
workovers, fracturing and other production activities required for reasonably prudent operations
of any wells drilled on the Property.
Surface Owner understands and acknowledges that the COGCC has rules and regulations
that apply to the distance between a wellhead and public roads, production facilities, building
units and surface property lines, among other things. Surface Owner hereby waives all setback
requirements in the COGCC Rule 603, or any successor rule or amendment to the COGCC
setback rules, and to any other state or local setback requirements or other requirements or
regulations that are or become inconsistent with this Agreement or that would prohibit or
interfere with the rights of KMG its successors and assigns, to explore for and produce the oil
and gas in accordance with this Agreement. Surface Owner understands, and should inform
subsequent owners of the Property or any portion thereof, that KMG or its successors and assigns
may cite the waiver in this paragraph in order to obtain a location requirement exception or
variance under COGCC rules or from a local jurisdiction consistent with the operations within
the Oil and Gas Operations Areas as contemplated by this Agreement. Surface Owner agrees not
to object to the use of the surface in the Oil and Gas Operations Areas consistent with this
Agreement and that it will provide KMG or its successors and assigns with whatever written
support they may reasonably require to obtain permits from the COGCC or any local
jurisdiction.
KMG shall endeavor to diligently pursue any drilling operations to minimize the total
time period and to avoid rig relocations or startup during the course of drilling. Surface Owner
waives any objections to continuous (i.e., 24-hour) drilling operations.
4. ACCESS.
Surface Owner shall provide to KMG all necessary easements for access to the Oil and
Gas Operations Areas. Such access shall be mutually agreed upon by the Parties and shall be of
sufficient scope to allow KMG to conduct any operations contemplated for the Future Wells.
The access roads to be used by KMG will be those roads either that are in place or those that are
anticipated to be constructed by Surface Owner at Surface Owner's sole cost and expense as part
of Surface Owner's development of the Property.
5. BATTERIES AND EQUIPMENT.
KMG shall have the right to locate, build, repair and maintain tanks. separators,
dehydrators, compressors and other equipment reasonably appropriate for the operation and
production of the Future Wells within the Oil and Gas Operations Areas on Exhibit"A".
With respect to KMG's equipment and facilities other than flowlines:
a. KMG shall install and maintain, at its sole cost and expense, all fences
around Future Wells in compliance with the Rules and Regulations of the COGCC;
b. KMG shall install and maintain, at its sole cost and expense, all gates and
locks necessary for the security of any wells or facilities in the Oil and Gas Operations
Areas. Such gates and locks shall be the standard gates and locks used by KMG ;
c. KMG shall paint any production facilities for any wells, including
wellhead guards, with paint that is approved by the COGCC; and
d. Surface Owner shall not inhibit KMG's access to the Oil and Gas
Operations Areas or inhibit ICMG's operations within the Oil and Gas Operation Areas
by landscaping or other improvements, unless otherwise agreed upon between Surface
Owner and KMG.
6. FLOWLINES AND PIPELINES.
KMG shall have the right to replace any and all flowlines, gathering lines and pipelines
for gas and liquids, including replacement of any future lines as provided herein, necessary in
connection with KMG's production and transportation of oil and gas from any wells on the
Property. All flowlines and pipelines shall be located at a depth of approximately 48 inches from
the surface. The construction and burying of additional flowlines, gathering lines and pipelines
shall be at the sole cost and expense of KMG or its gas purchaser. Should Surface Owner
request any future or additional relocation of existing flowlines or pipelines, or request relocation
of any flowlines or pipelines hereinafter constructed on the Property, and KMG agrees to such
relocation, Surface Owner shall be responsible for any and all relocation costs. Surface Owner
shall maintain a minimum of 48 inches and not more than 72 inches of cover over all pipelines
and flowlines during any of Surface Owner's operations.
7. NOTICE OF FUTURE OPERATIONS.
KMG shall provide at least seven days prior written notice to Surface Owner of any
operations in connection with the reworking, fracturing, deepening or other operation on any
Future Well or any replacement well; provided, however, that KMG shall provide at least 30
days prior written notice to Surface Owner of the initial drilling of any Future Well. Regardless
of the foregoing notice requirements, KMG shall have immediate access in the event of an
emergency.
The notification of operations shall describe the following:
1. The proposed starting date for the proposed activity;
2. The proposed operations to be performed at the site;
3. The approximate duration of the proposed activities.
Not less than five working days prior to KMG's mobilization on the applicable Oil and
Gas Operations Areas, either KMG or Surface Owner may request an on-site meeting. The
purpose of the meeting shall be to inform Surface Owner of the expected activity and to
coordinate site access, hazards, barricades, restoration or any other issues that affect the use of
and the safety of Surface Owner's development.
8. NOTICES TO HOMEOWNERS AND BUILDERS.
Surface Owner shall furnish all buyers of the Property from Surface Owner with a plat or
map showing the Oil and Gas Operations Areas. In addition, Surface Owner shall provide notice
to all builders, homeowners and other buyers of the Property from Surface Owner and the
homeowner associations that:
a. Such buyers are not purchasing and do not own any interest in the oil and
gas mineral estate;
b. There may be ongoing oil and gas operations and production in the Oil
and Gas Operations Areas on the surface of the Property;
c. Future purchasers of all or a portion of the Property, as successors in
interest to Surface Owner, will be acquiring a proportionate interest in Surface Owner's
rights under this Agreement and assuming those obligations undertaken by Surface
Owner pursuant to this Agreement; and
d. Homeowner associations and buyers of individual lots or homes, as
successors in interest to Surface Owner, will be acquiring a proportionate interest in
Surface Owner's rights under this Agreement, and will be subject to the waivers
contained in Sections 11 and 12 and the covenants contained in Section 3 prohibiting the
location of any building or structure within the Oil and Gas Operations Areas and
waiving objection to any setback rules of the COGCC or any local jurisdiction.
9. GOVERNMENTAL PROCEEDINGS.
Surface Owner shall not oppose KMG in any agency or governmental proceedings,
including but not limited to the COGCC, Weld County or other governing body proceedings,
related to KMG's operations on the Property, including but not limited to drilling, workovers,
well deepenings and recompletions, provided that KMG's position in such proceedings is
consistent with this Agreement.
10. REPRESENTATIONS.
Each party represents that it has the full right and authority to enter into this Agreement.
KMG does not represent that it has rights to settle matters for all of the mineral owners in the
Property. and this Agreement shall only apply to and bind the KMG leasehold interest in the
property.
11. SUCCESSORS.
The terms, covenants and conditions hereof shall be binding upon and shall inure to the
benefit of the parties and their respective heirs, devises, executors, administrators, successors and
assigns; provided, as to KMG, successors and assigns shall be deemed to be limited to lessees
under the oil and gas leases which KMG owns.
12. TERM.
This Agreement shall become effective when it is fully executed and shall remain in full
force and effect until KMG's leasehold estate expires or is terminated, and KMG has plugged
and abandoned all wells owned all or in part by KMG and complied with the requirements of all
applicable oil and gas leases pertaining to removal of equipment, reclamation, cleanup and all
other applicable provisions of the leases and existing laws and regulations. If Surface Owner
does not obtain and record an approved plat covering the Property within two years of the date of
this agreement, this agreement shall automatically terminate and become null and void.
13. NOTICES.
Any notice or other communication required or permitted under this Agreement shall be
sufficient if deposited in U.S. Mail,postage prepaid, addressed to each of the following:
If to KMG:
Ken McGee Rocky Mountain Corporation
1999 Broadway, Suite 3600
Denver, Colorado 80202
Attention: Director of Lands Denver Basin
If to Surface Owner:
JZM, LLC
4200 Weld County 19
Fort Lupton, CO 80621
Attention: John Zadel
Any party may, by written notice so delivered to the other parties, change the address or
individual to which delivery shall thereafter be made.
14. RECORDING.
This Agreement, any amendment hereto, shall be recorded by KMG, which shall provide
the other parties with a copy showing the recording information as soon as practicable thereafter.
15. SURFACE DAMAGES; WAIVER OF PAYMENTS.
15.1 In consideration of the Parties' respective rights, obligations and benefits, as
outlined herein, this Agreement shall constitute the surface use or surface damage agreement
provided for under the COGCC'sRules and Regulations or under any oil and gas lease covering
the Property.
15.2 The term "surface damage payments" as used herein shall be given the meaning
commonly used in the oil and gas industry. As part of the consideration for this limitation by
KMG, of what would otherwise be the right to make reasonable use of any part of the Property in
the conduct of its operations, KMG shall not be obligated to pay, and Surface Owner hereby
waives any right to receive, any further surface damage payments, license or use fees including
all damages provided for under any oil and gas lease or leases now or hereafter covering the
Property, with respect to any operations conducted on the Oil and Gas Operations Areas or
upon access roads, flowlines, gas gathering pipelines, or other easements used in connection
with the Oil and Gas Operations Areas. KMG may provide a copy of this Agreement to the
COGCC or to any local jurisdiction, person or entity or any court of law as evidence of this
waiver. The waiver of surface damages provided herein shall include any claim for excessive
surface use insofar as the Oil and Gas Operations Areas is used to produce oil and gas from
any portion of the Property or other lands pooled therewith. In the event KMRMC is ever
required to cross, occupy or utilize any part of the Property other than the Oil and Gas
Operations Areas, the access roads thereto or any ROWs used in connection with the Oil and
Gas Operations Areas, KMRMC shall be liable for any and all damages that may occur as a
result thereof.
16. ARBITRATION.
Any controversy or claim arising out of or relating to this Agreement, or the breach
thereof, shall be resolved by arbitration conducted in Denver, Colorado and shall be administered
by the American Arbitration Association under its commercial rules, and judgment on the award
rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
17. APPLICABLE LAW.
This Agreement shall be governed by and construed in accordance with the laws of the
State of Colorado, without reference to its conflict of laws provisions.
18. ENTIRE AGREEMENT.
This Agreement sets forth the entire understanding among the parties hereto regarding the
matters addressed herein, and supersedes any previous communications, representations or
agreement, whether oral or written. This Agreement shall not be amended, except by written
r' document signed by all parties.
19. EXECUTION AND BINDING EFFECT.
This Agreement may be executed in any number of counterparts each of which shall be
deemed an original instrument but all of which together shall constitute one and the same
instrument, and shall be binding upon and inure to the benefit of the parties, and each of their
respective heirs, executors, administrators, successors and assigns and is executed by the parties
as of the Effective Date set forth above.
The parties have executed this Agreement on the day and year first above written.
KERR MCG t OCK OU AIN CORPORATION
L
By:
JA ES P. WAS0N
Atto •ey-in-Fa
JZM,LLC
JCIIIN W. ZADEL
Manager
ACKNOWLEDGMENTS
STATE OF COLORADO )
CITY AND ) ss.
COUNTY OF DENVER )
A;r, 1
The foregoing instrument was acknowledged before me this ilk day oflofarc&2005, by
JAMES P. WASON, as Attorney-in-Fact for Ken McGee Rocky Mountain Corporation, on behalf
of such corporation.
Witness my hand and official seal. / �'711
;�yPM'.S�HFy�
/Notary Public r� I
My Commission Expires: . S
STATE OF COLORADO ) �►� AVElI.to%e Off'
) ss. ����F CO��r
COUNTY OF WELD )
MyCommission Expires 03r15r1008
The foregoing instrument was acknowledged before me this .31 day of March 2005, by
JOHN W. ZADEL as Manager of JZM, LLC, on behalf of said company.
Witness my hand and official seal. ;
°-()ha,riu LW c75
Notary Public
My Commission Expires: .5 -,;J --.200
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681 3161681 03/15/2004 11.59A Weld County, CO
1 of 7 R 36.00 D 0.00 Steve Moreno Clerk& Recorder
AGREEMENT pi
THIS AGREEMENT is made and entered into this %/dt41ay of
2003, by and between JZM, LLC, hereinafter referred to as "Owner," and the CITY F DACONO,
a municipal corporation of the State of Colorado, hereinafter referred to as "Dacono" or"City".
WITNESSETH:
WHEREAS, Owner is the owner of certain real property located in Weld County,
Colorado, with a street address of 4200 Weld County Road 19, Ft. Lupton, CO 80621, and more
particularly described and depicted on Exhibit "A" attached hereto and incorporated herein by
reference(such property is hereinafter referred to as"the Property"); and
WHEREAS, the Property is located within the Urban Growth Area of the City, as
identified in the Interim Coordinated Planning Agreement among Weld County, the City of Dacono
and the Towns of Firestone and Frederick(the "ICPA"); and
WHEREAS, Owner has submitted to Weld County an application for approval of a large-
lot residential subdivision to be located on the Property, which application is pending under Weld
County Case No. S-600; and
WHEREAS, as a condition of any such approval, and pursuant to the ICPA, the Owner is
obligated to execute an annexation agreement with the City; and
WHEREAS, the parties by this agreement desire to set forth their understanding with
respect to annexation of the Property to the City; and
WHEREAS, it is to the mutual benefit of the parties hereto to enter into the following
Agreement.
NOW, THEREFORE, IN CONSIDERATION OF THE ABOVE PREMISES AND
THE COVENANTS AS HEREINAFTER SET FORTH, IT IS AGREED BY AND
BETWEEN THE PARTIES AS FOLLOWS:
1. Incorporation of Recitals. The parties confirm and incorporate the foregoing recitals
into this Agreement.
2. Purpose. The purpose of this Agreement is to set forth certain terms and conditions
with respect to annexation of the Property to the City. Except as expressly provided for herein to
the contrary, all terms and conditions herein are in addition to any and all requirements concerning
annexation and development contained in the City of Dacono Municipal Code, development
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regulations, and Comprehensive Plan, and the Municipal Annexation Act of 1965. as amended.
C.R.S. §31-12-101 et seq. This Agreement shall not he construed to preclude further agreements
concerning annexation of the Property to the City or the provision or financing of municipal
services to the Property.
3. Annexation. Owner shall apply for and consent to the annexation of the Property to
the City when requested in writing by the City Council, so long as the Property is eligible for
annexation to the City. The Owner will also sign an annexation petition, or a petition for
annexation election, when requested by the City Council, and will vote for annexation to the City if
an annexation election relating to the Property is held. The City agrees it will not make any request
to Owner under this Paragraph sooner than four years from the date of execution of this Agreement,
unless sooner permitted pursuant to Paragraph 5.
4. Property to he Annexed. The Property the Owner shall annex to the City pursuant to
this Agreement is the Property described on Exhibit A, attached hereto and incorporated herein by
reference, or such portion thereof as the City may request. To facilitate any requested annexation of
a portion of the Property, Owner hereby consents to the division of the Property for annexation
purposes only,to the extent such consent is required by C.R.S. §31-12-105(1). Owner shall execute
additional evidence of such consent upon request by the City.
5. Failure to Annex; Appointment of Attorney-in-Fact. In the event Owner fails to
annex the Property to the City as required by this Agreement the City may, at is sole option and
without otherwise limiting its legal rights, bring an action at law or equity, including an action for
specific performance, to enforce Owner's obligations hereunder. Further, Owner, for themselves,
their successors, transferees, heirs, and assigns hereby irrevocably appoint the City Administrator of
Dacono as Owner's lawful attorney-in-fact for the purpose of signing any annexation petition or
petition for annexation election, for voting in any annexation election, and for executing any and all
other documents determined by the City to be necessary for annexation of the Property to the City.
The City Administrator shall exercise the powers under this appointment only upon written request
of the City Council, and only if the Owner and/or its successors, transferees, heirs and assigns have
not signed a petition for annexation within thirty (30) days after receipt of a written request made
pursuant to Paragraph 3. This power of attorney is granted and intended to be valid for the longest
period of time permitted by state statute. In the event the state statute is amended to shorten the
validity of this power of attorney to a period of less than five years, the City may exercise this
power of attorney at any time prior to the expiration of the validity thereof, even if within the four-
year waiting period set forth in Paragraph 3. The City may also require annexation of the Property
at any time in the event the Property is used for purposes other than a large-lot residential
subdivision as the same is proposed or may be approved by Weld County under Case No. S-600.
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6. Obligations Enforceable. The parties agree that this Agreement, pursuant to C.R.S.
§31-12-121, constitutes an enforceable obligation upon the Owner, their successors, heirs. and
assigns to annex the Property to the City under the terms hereof
7. Annexation Documents. When requested by the City, Owner shall provide at its
expense a legal description, annexation petition, annexation maps, surveys, newspaper publications,
and other reports and documents determined by Dacono to be necessary to accomplish the
annexation of the Property to the City. Dacono shall prepare the annexation impact report.
8. Plat Note. Owner shall include on any subdivision plat for the Property a note
stating as follows: "The property platted herein is subject to that certain Agreement regarding
annexation to the City of Dacono which is recorded at Reception No. [Reception No of this
Agreement will he inserted] of the records of the Weld County Clerk and Recorder. Such
Agreement provides that the property platted herein may be annexed to the City of Dacono."
9. legislative Discretion. The Owner acknowledges that annexation of the Property is
subject to the legislative discretion of the City Council of the City of Dacono. Nothing in this
Agreement is intended or shall be construed to require the City to annex the Property or to initiate
any annexation proceedings relating to the Property.
10. No Other Annexation. Under no circumstances shall the Property be annexed to
another municipality without the prior written permission of the City Council, which may be
granted or denied in the sole and absolute discretion of the City.
11. Covenants to Run with l.and/Rinding Effect. This Agreement and all covenants
herein touch and concern the real property described in Exhibit A and shall be covenants running
with the land. This Agreement shall be binding upon and inure to the benefit of the Owner and the
City, and their respective heirs, transferees, successors, and assigns. This Agreement shall be
recorded with the County Clerk of Weld County, Colorado, at Owner's expense.
12. No Repeal of Laws. Nothing contained in this Agreement shall constitute or be
interpreted as a repeal of the City's ordinances or resolutions, or as a waiver of the City's legislative,
governmental, or police powers to promote and protect the health, safety, and welfare of the City
and its inhabitants.
13. Severability. The parties agree that if any part, term, portion, or provision of this
Agreement is held by a court of competent jurisdiction to be illegal or in conflict with any law of
the State of Colorado, the validity of the remaining parts, terms,portions, or provisions shall not be
affected, and the rights and obligations of the parties shall be construed and enforced as if the
Agreement did not contain the particular part, term,portion, or provision held to be invalid.
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14. Future Cooperation. The parties agree that they will cooperate with one another in
accomplishing the terms, conditions, and provisions of the Agreement. and will execute such
additional documents as necessary to effectuate the same.
15. Amendment. This Agreement may be amended only by mutual agreement of the
City and Owner. Such amendments shall be in writing, shall be recorded with the County Clerk of
Weld County, Colorado, shall be covenants running with the land, and shall be binding upon all
persons or entities having an interest in the Property subject to the amendment unless otherwise
specified in the amendment.
16. Entire Agreement. This Agreement embodies the entire agreement of the parties.
There are no promises, terms, or obligations other than those contained herein, and this Agreement
supersedes all previous communications, representations, or agreements, either verbal or written,
between the parties.
17. Owner. As used in this Agreement, the term"Owner" shall include any of the heirs,
successors, transferees or assigns of Owner, which include, but are not specifically limited to,
owners of individual lots within the proposed subdivision of the Property. All such parties shall
have the right to enforce this Agreement and shall be subject to the terms of this Agreement as if
they were the original parties thereto.
18. Amendments to Law. As used in this Agreement, unless otherwise specifically
provided herein, any reference to any provision of any City ordinance, resolution, regulation, or
policy is intended to refer to any subsequent amendments or revisions to such City ordinance,
resolution, regulation, or policy, and the parties agree such amendments or revisions shall be
binding upon Owner.
19. Notice. All notices required under this Agreement shall be in writing and shall be
hand-delivered or sent by facsimile transmission or registered or certified mail, return receipt
requested, postage prepaid, to the addresses of the parties herein set forth. All notices by hand
delivery shall be effective upon receipt. All facsimile transmissions shall be effective upon
transmission receipt. All notices by mail shall be considered effective seventy-two (72) hours after
deposit in the United States mail with the proper address as set forth below. Either party by notice
so given may change the address to which future notices shall be sent.
Notice to City: City of Dacono
512 Cherry Street
P.O. Box 186
Dacono, CO 80514
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With copy to: Light, Harrington & Dawes. P.C.
1512 Larimer Street, #550
Denver, CO 80202
Notice to Owner: JZM, LLC
4200 Weld County Road 19
Ft. Lupton, CO 80621
20. Governing Law. The laws of the State of Colorado shall govern the validity,
performance, and enforcement of this Agreement. Should either party institute legal suit or action
for enforcement of any obligation contained herein, it is agreed that the venue of such suit or action
shall be in Weld County, Colorado.
21. Headings. The paragraph headings in this Agreement shall not be used in the
construction or interpretation hereof as they have no substantive effect and are for convenience
only.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first
set forth above.
CITY OF DACONO
By: f Gtrli� ,
Wade Carlson, Mayor
ATTEST:
Nancy ElliottCity Clerk
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OWNER:
JZM, LLC
BY fr/
Zadel, ager
ACKNOWLEDGEMENT
STATE OF COLORADO )
)ss
COUNTY OF //acil )
The above and foregoing signature of John Zadel as Manager of JZM, LLC was
subscribed and sworn to before me this /5r,A. day of , Wte.a i 3z•®o=f.
Witness my hand and official seal.
My commission expires on: /1-1 3® Zo-o-5
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08/13/2003 2:56 PM[kkh]F\Company Shared Folders\DeconoUnnex\a. mN.adel.doc
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EXHIBIT A
Legal Description
N } SW} SECTION 10, 'TOWNSHIP 1 NORTH, RANGE 67 WEST OF THE 6TH P.M. ,
WELD COUNTY, COLORADO.
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