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Home My WebLink About20060756.tiff PLANNED UNIT DEVELOPMENT (PUD) CHANGE OF ZONE APPLICATION FOR PLANNING DEPARTMENT USE DATE RECEIVED: RECEIPT#/AMOUNT# /$ CASE#ASSIGNED: APPLICATION RECEIVED BY PLANNER ASSIGNED: Parcel Number 0799 07 000025 (12 digit number-found on Tax I.D.information,obtainable at the Weld County Assessor's Office,or www.co.weld.co.us)- (Include all lots being included in the application area,If additional space is required,attach an additional sheet) Legal Description pt. ,Section 07 ,Township 06 North,Range 63 West Property Address(If Applicable) Existing Zone District:AG Proposed Zone District: PUD Total Acreage: 303.7+/-Proposed#/Lots 17 Average Lot Size: 5.15 acres Minimum Lot Size:3.2 acres Proposed Subdivision Name:Deer Meadows PUD Proposed Area (Acres)Open Space: acres Is this application to be reviewed as a Cluster PUD?Yes X No_ Are you applying for an exception to the Public Water requirements?No Yes X As allowed through Cluster PUD FEE OWNER(S)OF THE PROPERTY(It additional space is required,attach an additional sheet) Name:Trinity Properties LP c/a Ed Flynn Work Phone# Home Phone#N/A Email Address NA Address: 356 Foxenwood Drive City/State/Zip Code Santa Maria,CA 93455 APPLICANT OR AUTHORIZED AGENT(See Below:Authorization must accompany applications signed by Authorized Agent) Name: Todd Hodges Design, LLC Work Phone#: (970)613-8556 Home Telephone#: N/A Email Address: toddhodgesdesignaqwest.net Address: 1269 North Cleveland Avenue City/State/Zip: Loveland.CO 80537 UTILITIES: Water: North Weld County Water District Sewer: Proposed Septic Gas: LP Electric:Homeliaht Division Phone: Qwest DISTRICTS: School: Kersey School District Fire: Galeton Fire Protection District Post: Gill 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. , Ad //-/°rte' Signature. er or Authorized Agent Date Signature:Owner or Authorize Agent EXHIBIT 1 2006-0756 Trinity Properties, LP Ed Flynn 35G Foxenwood Drive Santa Maria, California 93455 To Whom It May Concern: Please be advised that I, Ed Flynn, , Trinity Properties, hereby authorize Todd Hodges Design, LLC, to represent Trinity Properties in our endeavor to subdivide our property located in part of Section 7, Township 6 North, Range 63 West of 6th P.M., Weld County, Colorado. aP Ed Fl date Deer Meadows Cluster/ Non-Urban Development PUD Trinity Properties LP Specific Development Guide Introduction The Deer Meadows Cluster Planned Unit Development (PUD) follows Article X of Chapter 27, Weld County Code as a Cluster PUD. The provisions of Section 27-10-20.H allow for 17 single-family residential units to be clustered on no more than 1/3 of the total land mass. The entire site is 303.7 +/- acres. The 17 residential lots are clustered around existing site features (terrain) on 87.7 +/- acres (28.8% of the site). The road rights— of- way and open space tracts at the entry of the subdivision are 13.4 acres (4.41% of the site). The remaining 202.6 acres (66.71% of the site) in Outlots A and B are proposed as an agricultural conservation easement for a minimum of 40 years, consistent with the Cluster PUD criteria. The property is located north of and adjacent to Weld County Road 70 and west of and adjacent to Weld County Road 63 right-of-way. This Development Guide is submitted with this application through the Specific Development Guide option and in adherence to Article X of Chapter 27, Weld County Code as a Cluster PUD. The Weld County Code Chapter 23 defines Non Urban Scale Development to include, "land used or capable of being used for agricultural purposes and including development which combines clustered residential uses and agricultural uses in a manner that the agricultural lands are suitable for fanning and ranching operations for the next 40 years." This application clearly meets this definition of Section 23-1-90 "Non Urban Scale Development" in that the Cluster PUD option is to reserve 2/3 of the property as an agricultural conservation easement for a minimum of 40 years. The proposed 17 lots range in size between 3.2 and 10.2 acres. Two tracts are placed at the western entrance of the subdivision. Tract 1 (0.7 acres) and Tract 2 (0.2 acres) shall be used for common open space, signage, mail kiosk and potential bus stop purposes. The final bus stop location will be confirmed with the School District. Evidence of a preliminary approval is included in application materials. The applicant will continue to work with the school district and the post office throughout the three-step Cluster PUD application and development process. The intent of the entire PUD application process is to Change the Zone of, and Nat the property for uses compatible with surrounding land uses, permitting 17 single-family Estate lots, open space and 202.6 acres in two agricultural outlots. The intended use of these agricultural outlots is to meet the intent of the Cluster PUD regulations and to construct agricultural buildings as necessary on each. At this time the proposal is to transfer ownership of Outlot A to the Homeowners association. The intended uses of these outlots includes pasture, a potential indoor/outdoor arena that is consistent with the agricultural zone district, and outbuildings associated with agricultural uses. The development of the site will be compatible with the architectural style of the surrounding land-uses and with the overall character of the area. This development proposes the ability of each lot to have Auxiliary Quarters as defined by Weld County Code Section 23-1-90. This definition shall be adhered to. Proposed land uses within this property include those allowed by right in both the Estate and Agricultural Zone Districts. Covenants have been provided with this application submittal and addresses items such as animal units, architectural limitations and use of Outlot A by the Homeowners Association. 1 The following Development Guide has been prepared in accordance with Sections 27-4-20 and 27-10- 20, of the Weld County Code. Section 27-4-20.E.14. Initial impact plan addressing all impacts this use will have on the proposed site and surrounding land uses. A listing of potential impacts is cited in Section 27-6-30 of this Chapter. (SPECIFIC DEVELOPMENT GUIDE) Section 27-6-40. Component One—environmental impacts 1. Noise and vibration 2. Smoke, dust and odors 3. Heat, light and glare 4. Visual/aesthetic impacts 5. Electrical interference 6. Water pollution Development of this proposal should not result in any negative environmental impacts, including the above listed environmental concerns. The end use of the site will be residential and agricultural. 7. Wastewater disposal All wastewater disposal on the site will be through the use of Individual Septic Disposal Systems. 8. Wetland removal To the applicant's knowledge, this proposal does not remove wetlands. A Preliminary Site Investigation prepared by Savage and Savage dated June 7, 2005 was provided with the Sketch Plan application and is enclosed again herein. This document identified potential non jurisdictional wetlands in the northern portion of the property. These areas are not located near the proposed lots. 9. Erosion and sedimentation 10. Excavating,filling and grading 11. Drilling, ditching and dredging Any on-site grading, drilling, ditching or dredging will be done sympathetically. The applicant has placed standard "No-Build" circles prescribed by County Code on the plat around existing oil/gas facilities. The applicant has also preserved future drill site windows. These elements are illustrated on the plan. Erosion will be kept to a minimum. A drainage report dated November 21, 2005 prepared by Wohnrade Civil Engineers Inc. is included with the Change of Zone application submittal. 12. Air pollution 13. Solid waste 14. Wildlife removal 15. Natural vegetation removal This proposal will not result in negative impacts to the above listed concerns. 16. Radiation/radioactive material To the applicant's knowledge,there are no radioactive materials located on this site. 17. Drinking water source The drinking water source is through Individual Wells through a proposed augmentation plan. Information from the County Attorney's Office and evidence of the submitted augmentation plan were included with Sketch Plan application materials and included with this application again. As stated in their referral dated August 26, 2005, the State Engineers Office with the State Division of Water Resources is aware of the pending Augmentation Plan. Case No. 04CW342 was filed in Division I 2 Water Court in late 2004. This pending application seeks a plan for augmentation for 17 individual domestic wells and two irrigation wells. The plan would allow for the lawn and garden irrigation of up to 8,000 square feet. In addition, each well will be allowed to provide water for livestock. The two irrigation wells will be able to provide limited irrigation to 1.25 acres. Replacement water for the well depletions will be provided via recharge accretions from two recharge ponds to be located on the property. The junior recharge water right delivered to the two recharge ponds will be administered by the New Cache la Poudre Irrigating Company pursuant to a pending agreement. During times when the recharge accretions are insufficient to cover the out-of-priority depletions from the wells, the New Cache la Poudre Irrigating Company will lease sufficient replacement supplies to the Home Owners Association. While a final decree for the pending 04CW342 case may not be final for several years due to the high volume of pending cases in Division I Water Court, a Substitute Water Supply Plan has been presented to the State Engineer to allow for the temporary operation of the plan and the construction of the 19 wells. 18. Traffic impacts The internal roadway in the PUD is designed to meet the requirements of Chapters 24 and 26 of the Weld County Code. The vehicular circulation system is proposed to be gravel. The width, depth of the roadway will be designed to meet the Weld County Public Works standards and regulations and meets the criteria for the Cluster Development Plan. The internal roadway is proposed to be maintained by the Homeowner's Association. The primary access to the subdivision is from Weld County Road 70 across from Weld County Road 61.5. The internal road, Tannehill Trail, is a thru street providing two access points. No loading zones are proposed as the use will be residential. Additionally, no off-street parking areas have been depicted -- as the ample lot size will adequately accommodate residential parking needs. The applicant has met with the Galeton Fire Protection District concerning the road layout and design. An eyebrow turn has been placed on the plat by Lot 17. The design of the roadway within the development is based on the existing terrain and allows the clustering of the lots on the non-productive portions of this site. The internal roadway is proposed to be gravel based on the"rural"nature of this development,access from an existing county road that is gravel and the fact that this is a "non-urban" type development based on the Cluster PUD criteria. The Weld County Code Chapter 23 defines Non Urban Scale Development to include, "land used or capable of being used for agricultural purposes and including development which combines clustered residential uses and agricultural uses in a manner that the agricultural lands are suitable for farming and ranching operations for the next 40 years." This application clearly meets this defmition of Section 23-1-90 "Non Urban Scale Development" in that the Cluster PUD option is to reserve 2/3 of the property as an agricultural conservation easement for a minimum of 40 years. Each building permit issued on the property shall conform to the Weld County Road Impact Fee Program. Section 27-6-50 Component Two—service provision impacts 1. Schools 2. Law enforcement 3. Fire protection 4. Ambulance Service providers for this Planned Unit Development include the Kersey School District, Weld County law enforcement, and the Galeton Fire Protection District. The applicant has met with the Kersey 3 School District and Galeton Fire Protection District. A school bus collection area has been designated at the western subdivision entrance as Tracts 1 and 2. The applicant will continue to work with the school district concerning the designated bus stop area. A 5,000 gallon water storage tank is proposed to be located in either Outlot A or Tract 1 for use by the Fire Department. The applicant will continue to work with the Fire Department. The property owners will be in contact with the United States Postal Service to discuss the development and will continue working with them throughout this review process. 5. Transportation (including circulation and roadways) 6. Traffic impact analysis by registered professional engineer Based on the referral from Public Works dated August 22, 2005, a traffic impact analysis by a registered professional engineer is not required. The design of the roadway within the development is based on the existing terrain and allows the clustering of the lots on the non-productive portions of this site. The internal roadway is proposed to be gravel based on the "rural" nature of this development, access from an existing county road that is gravel and the fact that this is a "non-urban" type development based on the Cluster PUD criteria. This development adheres to the definition of Non Urban Scale Development found in Chapter 23 which includes in the definition, "land used or capable of being used for agricultural purposes and including development which combines clustered residential uses and agricultural uses in a manner that the agricultural lands are suitable for farming and ranching operations for the next 40 years." This application clearly meets this definition in that the Cluster PUD option is to reserve 2/3 of the property as an agricultural conservation easement for a minimum of 40 years. 7. Storm drainage Storm drainage will be handled on-site. A Drainage Report prepared by Wohnrade Civil Engineers, Inc. is included in application materials. 8. Utility provisions 9. Water provisions 10. Sewage disposal provisions The drinking water source is through Individual Wells through a proposed augmentation plan. Information from the County Attorney's Office and evidence of the submitted augmentation plan were included with Sketch Plan application materials and are included herein. As stated in their referral dated August 26, 2005, the State Engineers Office with the State Division of Water Resources is aware of the pending Augmentation Plan. All wastewater disposal will be handled through Individual Sewage Disposal Systems. Sewage disposal for each individual residence is to be provided by an Individual Sewage Disposal System (ISDS) in accordance with Individual Sewage Disposal System Regulations — Weld County Department of Public Health and Environment. Preliminary tests suggest conventional ISDS are anticipated in most areas. Engineered ISDS will be required where fast percolating soil and shallow ground water were encountered on some lots. Site specific investigations are required for each lot to determine percolation rates and subsurface soil and ground water conditions. Section 27-6-60 Component Three—landscaping elements 1. Landscape plan 2. Treatment, buffering or screening and perimeter treatment 3. Maintenance schedule for landscaping elements 4. On-site improvements agreement 5. Evidence of adequate water Any landscaping improvements will be focused on the entry treatment. A sign detail is included. An on-site improvements agreement will be submitted with the Final Plan application. The nature of this development does not necessitate the need for a buffering or screening perimeter treatment. 4 Section 27-6-70 Component Four—site design 1. Unique site features The site contains rolling topography and pasture land. The existing site features allowed for a clustering of the 17 lots on the non-production portions of the property while allowing for continued pasture use of the agricultural tracts. The Greeley No. 2 Ditch forms the northern and portions of the western and eastern property boundaries. Recharge ponds, structures that are part of the augmentation plan supporting the wells used in the subdivision, will provide a visual amenity and riparian wildlife habitat. 2. PUD rezoning consistent with Chapter 22 of Weld County Code Section 22-2-190.D.2.a PUD.Policy 4.1 states, "The design of a planned unit development should ensure compatibility and harmony with existing and planned uses on adjacent properties and within the planned unit development." The applicant has carefully considered the uses on-site, topographical features, adjacent properties and the existing use of the property. The result is consistent with the existing and planned uses on adjacent properties. A. Goal 1 indicates, "Conserve agricultural land for agricultural purposes which foster the economic health and continuance of agriculture." Through this Cluster PUD Plan, two-thirds of the property has been preserved in adherence with Section 27-10-20.A, "If the Cluster PUD is proposed on agricultural lands, the land shall be currently used or capable of being used for agricultural production such as farming and ranching operations for the next forty (40) years from the date of final approval." Outlots A and B of this property shall remain, for the next 40 years, in uses associated with ranching, including pasture, grazing and may have agricultural accessory structures constructed upon them. The agricultural uses would allow for an indoor/outdoor arena and accessory structures consistent with the agricultural zone district. Goal 3 "Discourage urban-scale residential, commercial and industrial development, which is not located adjacent to existing incorporated municipalities." Section 27-10-20.G of the Weld County Code states the Cluster PUD, "may be used in urban and nonurban areas." This proposal is considered Non- Urban Scale Development per the definition of Non-Urban Scale Development in Section 27-2-140 of the Weld County Code, "Nonurban scale development shall also include land used, or capable of being used, for agricultural purposes and including development which combines clustered residential uses and agricultural uses in a manner that the agricultural lands are suitable for farming and ranching operations for the next forty (40) years." The site is not located adjacent to a municipality or other PUD's, subdivisions, municipal boundaries or an urban growth corridor or boundary. The property is located approximately %2 mile north of Barnesville, 6 miles southeast of Galeton, 4 miles northeast of Gill, and 8 miles northeast of Kersey. 3. Compatibility within PUD zone district 4. Compatibility with surrounding land uses The existing design of the subdivision takes into consideration the existing uses of the surrounding properties, the existing irrigation practices of the area, and limiting topographical site features. All recorded plats will include the Weld County Right to Farm, found in Appendix 22-E of the County Code. The applicant proposes to adhere to the Estate Zone District on the Estate lots, PUD open space on the two tracts and the Agricultural District for the two outlots. The bulk requirements listed in the Weld County Code for both Districts will be adhered to. The residential lots will have the opportunity for Auxiliary Quarters as defined in Section 23-1-90 of the Weld County Code. This proposal is compatible with the existing and future land uses of the surrounding area. 5 5. Overlay districts Upon review of the Weld County flood hazard, geological hazard and airport influence maps, as well as the I-25 Mixed Use Development Area Map and Chapter 19 of the Weld County Code, this proposal is not located within these overlay districts. Section 27-6-80 Component Five—common open space usage The common open space areas within this subdivision are designed and proposed to be consistent with the requirements of Section 27-6-80 of the Weld County Code. 1. Permanent common open space restrictions 2. Establishment of homeowners organization 3. Mandatory membership in homeowners organization 4. Homeowners organization responsibilities 5. Homeowners organization powers 6. Ownership and maintenance of common open space 7. 15% common open space allocation Through the Cluster PUD Option of Article X, Chapter 27, Weld County Code, a minimum 2/3 of the property must be preserved. This proposal meets the requirement by providing 202.6 acres (66.7% of the site) in agricultural Outlots A and B. Future uses on site will be required to establish a Homeowners Association to govern the method of open space restrictions, as well as the maintenance and ownership of the common elements, including the two open space tracts, Outlot A, and Tannehill Trail. Agricultural accessory buildings may be constructed on the Agricultural Outlots A and B. The project site is not within an area requiring a 15% Common Open Space allocation. Section 27-6-90 Component Six—signage ^ All signage within this PUD will comply with the sign standards set forth in the Weld County Code. Future signs require a Building Permit. An example of signage proposed is included within this application. Section 27-6-100 Component Seven—MUD impact This proposal is not located within the Mixed Use Development Boundary as delineated by Weld County. Section 27-6-110 Component Eight—intergovernmental agreement impacts This proposal is not located within an Intergovernmental Agreement Urban Growth Boundary area. Section 27-10-20 Standards of the Cluster PUD The following narrative has been prepared in accordance with the most recent Procedural Guide found on the Weld County Website stipulating, "a narrative addressing how this application complies with the Cluster PUD standards listed in Section 27-10-20 of the Weld County Code." 27-10-20.A If the Cluster PUD is proposed on agricultural lauds, the land shall be currently used or capable of being used for agricultural production such as farming and ranching operations for the next forty (40)years from the date of final approval. AND 27-10-20.B The outlot shall be restricted to operations and be free from development for any other uses for a period of forty (40)years from the date of final approval. Outlots A and B shall remain in uses associated with ranching, including pasture, grazing for at least 40 years and may have agricultural accessory structures constructed upon them. This proposal meets the requirement by "reserving a minimum 2/3 of the total area of the tract for the preservation" of land by the designation of 202.6 acres (66.7% of the site) as Outlots A and B. Agricultural accessory buildings 6 may be constructed on the Agricultural Outlots. Covenants will be provided with the Final Plat application. 27-10-20.C A minimum of two-thirds (2/3) of the total area of the tract must be reserved for the preservation of contiguous land. This proposal meets this criteria. 27-10-20.D The outlot may be used for all agricultural uses by right, as passive view corridors, recreation or the preservation of environmentally-sensitive features such as wildlife habitat or critical areas. Future uses on site will be required to establish a Homeowners Association and Covenants to govern the method of open space restrictions, as well as the maintenance and ownership of the common elements. Agricultural accessory buildings may be constructed on the Tracts. Draft Covenants are provided with this application. 27-10-20.E Public access to the outlot is not a requirement. The outlot may be substituted for the common open space requirement used in the traditional PUD application. The location of this project would not merit Common Open Space through a Traditional PUD application. The future establishment of Covenants and a Homeowners Association will detail public access. Outlot A is proposed to be transferred to the Homeowners Association. 27-10-20.F The intent of the A(Agricultural)Zone Districts as outlined in Chapter 23 and the Comprehensive Plan,Chapter 22 of this Code,including Weld County's Right to Farm,Appendix 22-E, shall be met. As stated previously in this Development Guide, the intent of the Agricultural Zone District of Chapter 23,the Goals and Policies of the Agricultural District of Chapter 22 and the Weld County Right to Farm of Appendix 22-E shall be met, if not exceeded through this application. 27-10-20.G A Cluster PUD may be used in urban and nonurban areas. A cluster PUD shall follow the procedures as outlined in this Code. The site location is in a non-urban area. All other procedures, standards and guidelines for a Non-Urban PUD as outlined in the Weld County Code and the most recent procedural guide on the Weld County Website have been followed. 27-10-20.11 The number of single family residential units must not exceed two (2) per thirty-five acre increment. The residential lots created by this option may not be further subdivided in the future. This proposal meets this criteria. 7 Deer Meadows Cluster PUD /Non-Urban Development Trinity Properties LP Response to Sketch Plan Staff and Referral Agency Comments This portion of the application materials for the aforementioned Change of Zone will respond to comments received with the Sketch Plan from Weld County Planning Services Staff and Referral Agencies. North Side Lateral Company and North Side Ditch Company A fifty (50) foot easement is shown from the center line of the North Side Extension Ditch Company canal. Activities within this easement will be limited to maintenance personnel and equipment. Basement construction will be evaluated on a site-specific basis. Department of The United States Army, Corps of Engineers The report prepared by Savage and Savage Environmental dated June 7, 2005, concluded that no waterways were observed on the proposed Deer Meadows site therefore,no permitting will be required by the U.S.Army Corps of Engineers. Anadarko The applicant and their representatives have been in contact with Molly Sommerville,representative to Anadarko. The applicants will continue working towards a surface use agreement. In the case that an agreement cannot be achieved,the existing and future drill sites will be as shown on the enclosed Change of Zone Plat. Weld County Department of Public Works The applicant has incorporated the referral response dated August 22, 2005 regarding internal and external road issues. The applicant and their Engineering and Planning representatives met with Peter Schei of Weld County Public Works on December I,2005. The following items were discussed and/or have been addressed: • The applicant will construct Weld County Road 70 from the current termination to the eastern entrance to the proposed subdivision. Construction of WCR 70 beyond the eastern entrance of the subdivision would not connect to any existing or proposed roads and therefore should not be required. Improvements to WCR 70 adjacent to this development shall be gravel which is consistent with the existing roadways within the vicinity of this proposal. • All rights-of-way are verified and labeled on the enclosed Change of Zone plat. • Off-site and On-Site Improvements Agreements will be submitted with the Final Plat application and approved by the Weld County Department of Public Works and Planning Services with final approval by the Weld County Board of Commissioners. • An eyebrow turn-around has been illustrated on the attached plat. • The internal road is proposed to be gravel. Galeton Fire Protection District The applicant has met with the Galeton Fire Protection District on several occasions. The requests made during theses meetings have been incorporated into the site design. Geologic Investigation Report and State Geological Survey Individual site investigations for foundations and septic systems will be completed for site-specific construction design prior to building permit application. Testing for radon should be conducted after construction of each residential structure and mitigation measures should follow, if necessary. All on-site construction will be designed and/or engineered according to site-specific limitations. 1 West Greeley Soil Conservation District The West Greeley Soil Conservation District provided soil classifications and limitations with their referral dated August 5, 2005. This information, coupled with the Engineering documents and Geological documents will be used to best manage development and conservation measures on the site. Department of Public Health and Environment The list of items below corresponds to the paragraphs of the Weld County Department of Public Health and Environment referral dated August 31,2005. 1. Paragraph 1: No issue to address. 2. Paragraph 2: Timing noted. 3. Paragraph 3: Setback, slope and site limitations will be considered for individual site design. 4. Paragraph 4: The storage and management of manure will be addressed in the Stormwater Management Plan(SWMP)as part of the General Permit Application to the Colorado Department of Public Health and Environment. This documentation will be prepared after the Final Plat has been submitted to Weld County. 5. Paragraph 5: The management of the water tank used for fire suppression is to be accomplished by the Homeowners Association and annual review by the Galeton Fire Protection District. This shall be addressed and outlined in the Covenants submitted with this application. 6. Paragraph 6: No issue to address. Weld County Sheriff The list of items below corresponds to the Weld County Sheriff's referral dated August 22,2005. 1. A school bus stop has been approved by the School District. 2. Mail distribution will occur at the entrance as illustrated on the attached Change of Zone plat. 3. A permanent sign is proposed,as attached in the Landscape and Sign Plan. 4. Items 4 — 6: A Homeowners Association contact will be provided to the Sheriff's Department. Internal road maintenance has been addressed in Covenants supplied herein . 7. Fencing of existing and future oil and gas facilities will be a decision made between the Applicant and operators/mineral owners and may be addressed in any potential surface use agreements. 8. The subdivision street name and address list will be provided to the Sheriff's Department through the Final Plat referral process. This information is not made available to the applicant until after the Change of Zone hearing process by Weld County Planning Services. Platte Valley School District A referral dated August 31,2005 specified the current cash-in-lieu of land dedication fees to be paid to the school district. In addition, Superintendent McClain noted that the school district is "satisfied that the provisions made for our transportation needs meet the requirements of the district." A signed entry detail has been included in the change of zone submittal. Colorado Division of Wildlife The Colorado Division of Wildlife provided a detailed referral dated September 10, 2005. This referral provided several suggestions which have either been incorporated into the Covenants,the Development Guide,or as part of the site design. The following highlights are summarized herein: 1. Any livestock residing on the individual lots shall be confined to corrals with the exception of limited grazing on the particular lot. Lot grazing standards shall be established by the Homeowner's Association with the assistance of the CSU Cooperative Extension Service. See Covenants 11.10.k. 2. Weed Management and Abatement measures will be established by the Homeowner's Association with the assistance of the CSU Cooperative Extension Service and Weld County Public Works. See Covenants 7.1 & 11.10.s. 3. Should perimeter fencing be needed, a three-strand, double stay barb-wire fence is the choice for perimeter fencing. The lowest strand shall not be lower than 18 inches measured from the ground. The highest strand shall not be higher than 38 inches measured from the ground. Each lot has the option of fencing a portion of the property near the house for child and pet containment. Such fencing type shall be 2 established by the Homeowners Association and specified in the Covenants to be submitted with this application. See Covenants 11.10.w. 4. Open Space Hunting regulations, including a safety guide, will be specified in the Covenants to be submitted with the Final Plat application. See Covenants 11.10.d. 5. Motorized vehicles will not be allowed in the Common Open Space area unless used for emergency and maintenance duties as specified in the Covenants to be submitted with this application. See Covenants 11.10.dd. 6. Stormwater runoff from portions of Lots 6 — 10 will drain overland to the existing drainageway located within Outlot A. Whenever possible, developed stormwater runoff from the remainder of the site will be routed to permanent sediment basins prior to entering the existing drainageway. 7. Domestic dogs and cats will be kept on-site in fenced areas. Dogs used for hunting shall be allowed in the Common Open Space when used for training exercises or in hunting this area. Cats shall not be allowed to roam freely outdoors. Pet foods will be contained within closed structures to mitigate uninvited wildlife. See Covenants 11.10j ,k and r. 8. The Common Open Space and potentially Outlot A will be maintained by the Homeowners Association. The goal will be to maintain this area in its present state, or better. The management plan will be developed with the assistance of CSU Cooperative Extension and include grazing, mowing, weed management, preservation and protection of the wet meadows and ephemeral ponds, fire protection, fertilization and other site enhancement measures. This plan shall be established and submitted with the Final Plat application. See Covenants 11.10.dd. 9. Weed management and nuisance wildlife abatement shall be guided by the Covenants and through legal methods. See Covenants 11.10.s. Adequate Water Supply Statement As stated in their referral dated August 26, 2005, the State Engineers Office with the State Division of Water Resources is aware of the pending Augmentation Plan. Case No. 04CW342 was filed in Division I Water Court in late 2004. This pending application seeks a plan for augmentation for 17 individual domestic wells and two irrigation wells. The plan would allow for the lawn and garden irrigation of up to 8,000 square feet. In addition each well will be allowed to provide water for livestock. The two irrigation wells will be able to provide limited irrigation to 1.25 acres. Replacement water for the well depletions will be provided via recharge accretions from two recharge ponds to be located on the property. The junior recharge water right delivered to the two recharge ponds will be administered by the New Cache la Poudre Irrigating Company pursuant to a pending agreement. During times when the recharge accretions are insufficient to cover the out-of-priority depletions from the wells, the New Cache la Poudre Irrigating Company will lease sufficient replacement supplies to the Home Owners Association. While a final decree for the pending 04CW342 case may not be fmal for several years due to the high volume of pending cases in Division I Water Court, a Substitute Water Supply Plan has been presented to the State Engineer to allow for the temporary operation of the plan and the construction of the 19 wells. 3 Report Date: 11/23/2005 08:52AM WELD COUNTY TREASURER Page: 1 STATEMENT OF TAXES DUE SCHEDULE NO: R0928101 ASSESSED TO: TRINITY PROPERTIES LP 356 FOXENWOOD DR SANTA MARIA, CA 93455 LEGAL DESCRIPTION: PT SW4 7-6-63 PT LOT B REC EXEMPT RE-912 EXC THAT PT OF LOT B AMD REC EXEMPT RE-912 (2.10R6D) PARCEL: 079907000025 SITUS ADD: TAX YEAR CHARGE TAX AMOUNT INTEREST FEES PAID TOTAL DUE 2004 TAX 98.16 0.00 0.00 98.16 0.00 TOTAL TAXES 0.00 GRAND TOTAL DUE GOOD THROUGH 11/23/2005 0.00 ORIGINAL TAX BILLING FOR 2004 TAX DISTRICT 0741 - Authority Mill Levy Amount Values Actual Assessed WELD COUNTY 19.957 34.33 AGRICULTUR 5,948 1,720 SCHOOL DIST RE7 24.187 41.60 NCW WATER 1.000 1.72 TOTAL 5,948 1,720 GALETON FIRE 1.939 3.33 AIMS JUNIOR COL 6.328 10.88 WELD LIBRARY 3.249 5.59 WEST GREELEY CONSERVATION 0.414 0.71 TAXES FOR 2004 57.074 98.16 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. P.O. Box 458 Greeley, CO 80632 (970)353-3845 ext. 3290 V� LLD COUNTY TREASURL_c Pursuant to the Weld County Subdivision Ordinance, the attached Statement(s) of Taxes Due, issued by the Weld County Treasurer, are evidence that, as of this date, all property taxes, special assessments and prior tax liens currently due and payable connected with the parcel(s) identified therein have been paid in full. Signed ( ft Date �3 �� _.... (----- , 1 -------\\, ...._. „........, 1 I 1 0 I 0 DEER MEADOWS P.U.D. I Cr TRACT 1 i Z D -LANDSCAPED 0 ISLAND AASHTO LARGE SCHOOL BUS U MINIMUM TURNING PATH 0 -*----- 85.0' -�- -1 MINIMUM TURNING RADIUS= 25.4' w �� 16.0' i. 8196.0' EXISTING EDGE i 5.0' ----- - OF GRAVEL ROAD - f / 8196.0' _. -J - �� R32.0' - ------- WCR�61 -1/2 58.0 ._ _ __ _ 1I I TANNEHILL TRAIL " " " " [[[ .:.:::::::):::::7_.:-. �� MINIMUM TURNING RADIUS= 39.4' R25.0' 825. i.I 26.0 . --�` _ _ - 8196.0' � 8196.0' ( r10.d` - '— II \\\TURNOUT FOR MAILBOX DROP-OFF li f IIf I TRACT 2 PROPOSED EDGE OF SHOULDER ti , I P °POSED _ E GE OF r I S OULDER w 1 r 1 I I i 60 0 I _• 60 120 180 Feet i I---4 ( FEET ) I • ! I f 7 inchh � 60 ft. —} ProIRI:X2.0 DEER MEADOWS P.U.D. C Dotie EXHIBIT A WOHNRADE CIVIL ENGINEERS, INC. s 1 t 11/05/05 _ S` MINIMUM AREA FOR X10 1' �• Phone:(847)381-2748,Fu:(847)]81-2746 .0 �° SCHOOL BUS :TURNAROUND � L J NOV-29-2005(TUE) 16: 53 0046 (FOK)9706668832 P 002/002 Nov 2S ZOOS 3: 13PM ''hld Counts School Distri 27r-13s-8511 p. 1 j Nov. 22 05 OBo30a Debbie Tannehill 970-353-2522 p.2 I i ' I Pc.wr Fax Nola 7671 ow i grab I lit caws.772...ate ana 0080. CF. f1.Q'i Pe.e► 33L-Q rliell F"6SL-eta a. gm' 334.-IS-ii A 1 i DEER MEADOWS P.U.D. i I I TRACT .1 r IANDWAPED CIAO MOM LACE SCHOOL BLS 200661 TURNING PATH ' 00.0 M*I%N TURNING nous- 25.4' 10.0' mac 600E 10 ..: : :i _ --0GRIl1CL RONI ��-�s�I- .... �J . t WCR 61-1/2 5 --ilfre ce { ! 1-- , . . . . . ; - . :. / / " "�_ TANNEMDJ_TRAIL �Jr R25.0' NMW 'VOWS RNIIUSe JO.a' .12 ' 10.0 r Mutt TURNOUT FOR Walk* DROP-OFT TOOT 2 PROPOSE0 FACE OF SHCHLDER i PROPOSED SHOULDER , • ! I H 4115111� \ • i O 0 60 120 100 Fed i �- � � - — Hmssal CUM FED'1 IRO is. eo / [1.4".:hrisH ! DEER MEADOWS P.U.D. • EXHBIT A r0Otl69Mo0!CIVIL Pusea e.,.,moo. 1 MINIMUM AREA FOR Sem '» `-�se BCHOOL BUS TURNAROU PISINtla"`0"Ae"1N' O 1 Trinity Properties, LP Ed Flynn 356 Foxenwood Drive Santa Maria, California 93455 Sign Plan for Deer Meadows Cluster PUD It ISTI:iI tett ,. a l Y 70 f :e4,44.1.* ov+ cnL OJYwn n This photograph is an example of the sign style for 11 Deer Meadows PUD. The sign shall be 4 x 4 feet v. ....r per the Artist standards (see drawing at right) and shall be placed in the Island Entrance to the I , , property II , l I i i Savage and Savage ENVIRONMENTAL 4.: practical solutions for environmental issues _ .A.-... . . 4610 Haystack Drive 970 674 8080 telephone Windsor,Colorado 80550 970 674 8088 facsimile k savageandsavage@earthlink.net ". . ',' #•9 June 7, 2005 Todd Hodges Todd Hodges Design, LLC 1269 North Cleveland Avenue Loveland, Colorado 80537 Dear Mr. Hodges: On May 25, 2005, Savage and Savage staff conducted a preliminary site investigation for the Deer Meadows P.U.D. project that is proposed for low density housing by Trinity Properties. The site is located at the northwest corner of the intersection of Weld County Road 70 and 63 in Weld County, Colorado. The purpose of the site investigation was to access the likelihood of encountering jurisdictional wetlands and potential habitat for threatened or endangered species. The investigation of the Deer Meadows site consisted of a pedestrian and vehicle inspection of the approximately 304 acres contained within Section 7, Township 6 North, Range 63 West of the 6th Prime Meridian, Weld County, Colorado. The property is bounded on the north, east, and west by the Greeley Ditch No. 2/North Side Lateral and fence lines, and on the south by Weld County Road 70 and a fence line. Currently, ongoing land uses at the site include open rangeland and oil and gas production. Adjacent land uses include homesteads and agriculture. Findings of the preliminary site investigation are detailed below. The general location of potential threatened or endangered species and likely wetlands are described below. (General Location Map) Waters of the United States Waters of the United States, regulated by the U.S. Army Corps of Engineers, are all waters which were, are, or could be used in interstate commerce; and include (but are not limited to) rivers, streams, sloughs, and wetlands. There are no water features within the proposed Deer Meadows site. Todd Hodges Deer Meadows PUD—Preliminary Site Investigation Page 2 Wetlands Regulated wetlands encountered in Colorado include submergent, emergent, wet meadows, sloughs, surface water drainage ditches, bogs, and potholes. Within the property emergent types of wetlands were observed. Emergent wetlands are those areas where the vegetation is rooted in a saturated or inundated area and the vegetation emerges from the wet area. Within the property, potential emergent wetlands were observed near the northeast boundary of the site within a saline ephemeral tule marsh and near the northwest boundary of the site within a water sedge marsh. Along the periphery of the site, below the Greeley Ditch No. 2/North Side Lateral, are small isolated inclusions of hydrophytic vegetation. The hydrophytic vegetation is dominated by three-square (Scirpus americanus). It was determined from our initial investigation that all of the potential wetlands are outside of the proposed development sites and are likely non-jurisdictional as they appear to be isolated from any tributary Waters of the United States. Threatened or Endangered Species Preble's Meadow Jumping Mouse Habitat The Preble's meadow jumping mouse (Zapus hudsonius preblei) is a federally listed threatened species that generally occurs near wetlands and water bodies. Currently, the U.S. Fish and Wildlife Service is requiring habitat assessment and/or live-trapping surveys for all projects in potential Preble's habitat. The property was evaluated for potential Preble's habitat, based on the current U.S. Fish and Wildlife Service guidelines. We concluded that Preble's meadow jumping mouse habitat is not found within the proposed site due to a lack of suitable wetlands or water bodies. Limited potential habitat may be present along the banks of the Greeley Ditch No. 2/North Side Lateral that is adjacent to the site. The ditch will not be disturbed as a part of this project. Ute Ladies'-tresses Orchid Habitat The Ute ladies'-tresses orchid (Spiranthes diluvialis) is a federally listed threatened plant species characteristically found in wet meadows and alluvial flood plains below 6500 feet in northern Colorado, southwestern Wyoming, and the Uintah Basin of Utah. Habitat assessments and/or pedestrian surveys during the blooming period are required for sites within the South Platte River 100-year floodplain and in characteristic habitat which includes areas with a seasonally high water table, wet meadows, stream channels, floodplains, areas with vegetation in the facultative wet or obligate classification, and jurisdictional wetlands. Todd Hodges Deer Meadows PUD—Preliminary Site Investigation Page 3 Potential wetlands were observed near the northeast boundary of the site within a saline ephemeral tule marsh and near the northwest boundary of the site within a water sedge marsh. Along the periphery of the site, below the Greeley Ditch No. 2/North Side Lateral, are small isolated inclusions of hydrophytic vegetation. The orchid is not found in very saline soils. The potential wetlands described above have a high saline concentration and therefore it was concluded that orchid habitat is not present on the proposed Deer Meadows site. Colorado Natural Heritage Program Search A Colorado Natural Heritage Program database search was conducted on May 27, 2005. No threatened or endangered species or candidate species were found to be within the vicinity of the proposed Deer Meadows site. Discussion and Recommendations No waterways were observed on the proposed Deer Meadows site. Potential wetlands identified were not within the building envelopes proposed for the development. Therefore, we concluded that no permitting will be required by the U.S. Army Corps of Engineers for this project. If changes to development plans envision disturbances to the noted potential wetlands or ditch, permits may be required. Based on the lack of observed critical habitat for the Preble's meadow jumping mouse and Ute ladies'-tresses orchid on the Deer Meadows site, mouse or orchid surveys are not recommended for this site. If I can provide additional information or clarification regarding the preliminary site investigation for the Deer Meadows site please contact me. Sincerely, Edith Savage Principal attachment: General Location Map tl1 �''"•-...Z...... � .,,„), tom. • ,4 ti . :Ei . .,r) TO 1' .. .0 e' .Ai • . -• • IL ',Via • Qx › ,... 4,- % 't0. . ... • , v i 1::;) i . ., • OS 1:1 .,Ate...:_.... ,:-.7.. A4 L. • I.`1• co Itt X 0 1%."."1:.. .,ts . <0 .. co.,' r. • ........0 .13 J. 1 . . . Its N. f!, , re) \ '.4 `I 1 u.; •s.,. SAO? C. • l''..4 er... /II hi• <O. 0 i �t I �C �'. • it I ,I • I. + I.! I' ..3 ....NI,.r,s •fir is- .t .. * • ' ti r Jdi DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR DEER MEADOWS Name of Common Interest Community:DEER MEADOWS Name of Owners Association: DEER MEADOWS HOMEOWNERS ASSOCIATION,INC. Declarant(s): TRINITY PROPERTIES,L.P. Type of Common Interest Community: PLANNED COMMUNITY a TABLE OF CONTENTS PREAMBLE 1 WITNESSETH /�I 1 ARTICLE 1 - DEFINITIONS " '.47 1.1. Act < S < 2 1.2. Agency 2 1.3. Architectural Design Standards 2 1.4. Articles 2 1.5. Annual Assessment 2 1.6. Assessments 2 1.7. Association 2 1.8. Association Documents 2 1.9. Builder 2 1.10. Bylaws 2 1.11. Clerk and Recorder 3 1.12. Common Elements 3 1.13. Common Expenses 3 1.14. Declaration 3 1.15. Executive Board 3 1.16. First Mortgage 3 1.17. First Mortgagee 4 1.18. Improvements 4 1.19. Lot 4 1.20. Manager 4 1.21. Member 4 1.22. Mortgage 4 1.23. Mortgagee 4 1.24. Notice 4 1.25. Owner 4 1.26. Parcel 5 1.27. Plat 5 1.28. Project 5 1.29. Property 5 1.30. Related User 5 1.31. Rules and Regulations 5 1.32. Single Family 5 1.33. Successor Declarant 5 1.34. Supplemental Declaration 5 ii 1.35. Supplemental Plat 5 1.36. Undefined Terms 5 1.37. Unit 5 ARTICLE 2 - NAME, PROPERTY SUBJECT TO THIS DECLARATION AND ALLOCATION OF INTEREST 2.1. Name /7� 6 2.2. Existing Property = 6 2.3. Expansion Property �" . '7t eft? 6 2.4. Maximum Number of Units t 6 2.5. Identification of Units ✓ 6 2.6. Description of Units 6 2.7. Allocation of Interests 6 ARTICLE 3 - MEMBERSHIP AND VOTING RIGHTS; ASSOCIATION STRUCTURE AND OPERATIONS 3.1. Association Name 6 3.2. Transfer of Membership 6 3.3. Membership 7 3.4. Voting 7 3.5. Declarant Control 7 3.6. Books and Records 7 3.7. Manager 7 3.8. Cooperation with Other Associations 7 3.9. Rights of Action 8 3.10. Implied Rights and Obligations 8 ARTICLE 4 - POWERS OF THE EXECUTIVE BOARD 8 ARTICLE 5 - MECHANICS' LIENS 5.1. No Liability 10 5.2. Indemnification 10 5.3. Association Action 10 ARTICLE 6 - EASEMENTS 6.1. Recorded Easements 10 6.2. Utility Easements 11 iii 6.3. Reservation of Easements, Exceptions and Exclusions 11 6.4. Use of Easement Area 11 6.5. Emergency Access Easement 11 ARTICLE 7 — MAINTENANCE 7.1. Maintenance by Owners . 11 7.2. Maintenance by Association) i. , 11 7.3. Association Maintenance as Commo3nxpense 12 r> J ` i ARTICLE 8 - INSURANCE 8.1. General Insurance Provisions 12 8.2. Property and Commercial General Liability Insurance 12 8.3. Fidelity Insurance 13 8.4. Workers'Compensation Insurance 13 8.5 Directors, Officers and Members Liability Insurance 13 8.6. Notice 13 8.7. Common Expenses 14 8.8. Other 14 ARTICLE 9- ASSESSMENTS 9.1. Obligation 14 9.2. Budget 14 9.3. Annual Assessments 14 9.4. Apportionment of Annual Assessments 15 9.5. Special Assessments 15 9.6. Default Assessments 15 9.7. Effect of Nonpayment;Assessment Lien 15 9.8. Personal Obligation 16 9.9. Payment by Mortgagee 16 9.10. Statement of Status of Assessment Payment 17 9.11. Maintenance of Accounts;Accounting 17 ARTICLE 10-RESERVED SPECIAL DECLARANT RIGHTS 10.1. Special Declarant Rights 17 10.2. Construction: Declarant's Easement 18 10.3. Declarant's Property 18 10.4. Limitations on Special Declarant Rights 18 10.5. Interference With Special Declarant Rights 18 10.6. Rights Transferable 18 iv _ ARTICLE 11 -ARCHITECTURAL REVIEW AND OTHER RESTRICTIONS 11.1. Association Power 18 11.2. Review 18 11.3. No Review 19 11.4. Membership of Architectural Review Committee 19 11.5. Plan Review Procedure f, 20 11.6. Notice of Completion . .; 21 11.7. Remedies Upon Noncompliar�Fo /.L 21 11.8. Authority to Hire, Assess Costs, ancf kaOg Funds 22 11.9. Records ,a < 22 11.10. Restrictions on Use 22 1 11.11. Waivers;No Precedent 31 ARTICLE 12—MORTGAGEE'S RIGHTS 12.1. Distribution of Insurance or Condemnation Proceeds 31 12.2. Right to Pay Taxes and Charges 31 12.3. Audited Financial Statement 31 12.4. Notice of Action 31 12.5. Action by Mortgagee 32 ARTICLE 13-DURATION OF COVENANTS AND AMENDMENT 13.1. Term 32 13.2. Amendment 32 13.3. Declarant Rights 32 13.4. Execution of Amendments 32 13.5. Revocation 33 ARTICLE 14-WELD COUNTY'S RIGHT TO FARM 14.1. Rural Weld County 33 14.2. Agricultural Uses 33 14.3. Rural Services 33 14.4. Parental Supervision 34 v ARTICLE 15- GENERAL PROVISIONS 15.1. Restriction on Declarant Powers 34 15.2. Enforcement 34 15.3. Alternative Dispute Resolution 34 15.4. Registration of Mailing Address 34 15.5. Limitation on Liability 34 15.6. No Representations or Warranties 34 15.7. Disclaimer Regarding Safety 35 15.8. Severability /, 35 15.9. Conflicts Between Docuinetity'!) 35 15.10. Conflict With Act ' � /7 35 y , EXHIBIT A LEGAL DESCRIPTION 37 EXHIBIT B MINIMUM ARCHITECTURAL DESIGN STANDARDS 38 EXHIBIT C LIEN HOLDER'S CONSENT 40 vi DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR DEER MEADOWS (A Common Interest Community) PEEAMBLE THIS DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS (the "Declaration") is made on the date hereinafter set forth by TRINITY PROPERTIES, L.P., hereinafter referred to as "Declarant." WITNESSETH : WHEREAS, Declarant is the owner of a parcel of land located in the County of Weld, State of Colorado, as described on Exhibit A attached hereto. WHEREAS, this Declaration is executed pursuant to and in furtherance of a common and general plan: (i) to protect and enhance the quality, value, desirability, and attractiveness of all property that may be subject to this Declaration; (ii) to provide for an Association as a vehicle to perform certain functions for the benefit of Owners of Property which may become subject to this Declaration; (iii) to define duties, powers, and rights of the Association; and (iv) to define certain duties, powers, and rights of.Owners of Property subject to this Declaration with respect to the Association and with respect to the functions undertaken by the Association. NOW THEREFORE,Declarant for itself, its successors and assigns,hereby declares that all property herein or hereafter made subject to this Declaration,in the manner hereinafter provided,and each part thereof shall, from the date the same becomes subject to this Declaration, be owned, held, transferred, conveyed, sold, leased, rented, hypothecated, encumbered,used, occupied, maintained, altered, and improved subject to the covenants, conditions, restrictions, limitations, reservations, exceptions, equitable servitudes, and other provisions set forth in this Declaration for the duration thereof, all of which shall run with the title to such property and be binding upon all parties having any right, title, or interest in said property or any part thereof and upon their heirs, personal representatives, successors, and assigns and shall inure to the benefit of each party having any such right, title, or interest in said property or any part thereof. 1 ARTICLE 1 -- DEFINITIONS The following words when used in this Declaration or any Supplemental Declaration, the Articles of Incorporation or any Amendments thereto, and the Bylaws or any Amendments thereto, shall have the following meanings: 1.1. Act shall mean and refer to she Colorado Common Interest Ownership Act found in Title 38 of the Colorado Revised StatutoS Any reference in the Association Documents to the Act or a section of the Act shall refer to the Aqt as prrrsontly enacted or subsequently amended. 1.2. Agency shall mean any agency or 4/Oration that purchases or insures residential mortgages. s, 1.3. Architectural Design Standards shall mean design standards adopted by the Architectural Review Committee from time to time that govern the quality of workmanship, color of materials, harmony of external design with existing structures, and location with respect to topography and finish grade elevation and the master drainage plan and all other appearances of buildings and structures in the Project. The Minimum Architectural Design Standards are set forth in Exhibit B attached hereto. 1.4. Articles shall mean the Articles of Incorporation for Deer Meadows Homeowners Association,Inc., a Colorado nonprofit corporation,and any amendments that may be made to those Articles from time to time. — 1.5. Annual Assessment shall mean the Assessment levied pursuant to an annual budget. 1.6. Assessments shall mean the Annual, Special,and Default Assessments levied pursuant to the terms of this Declaration. Assessments are also referred to as a Common Expense liability as defined under the Act. 1.7. Association shall mean Deer Meadows Homeowners Association, Inc., a Colorado nonprofit corporation, and its successors and assigns. 1.8. Association Documents shall mean this Declaration and any Supplemental Declaration, the Articles of Incorporation, the Bylaws, the Plat and any procedures, rules, regulations, Architectural Design Standards, or policies adopted under such documents by the Association. 1.9. Builder shall mean any person who acquires from Declarant one or more Lots for the purpose of constructing thereon a building and selling such building, together with the Lot upon which it is situated to any member of the general public. 1.10. Bylaws shall mean the Bylaws adopted by the Association, as amended from time to time. 2 1.11. Clerk and Recorder shall mean the office of the Clerk and Recorder in the County of Weld, State of Colorado. 1.12. Common Elements shall mean all real and personal property, including water rights, and including all Common Elements as designated on the Plat, now or hereafter owned by the Association for the common use and enjoyment of the Owners. Common Elements shall also mean and refer to any and all personal property and Improvements owned or leased by the Association and shall include, by way of example but without limitation, any exterior signage which identifies the subdivision, the bus stop, exterior lightftivirrigation systems (including ditches and culverts), recreation equipment, and any other personal property owned by the Association. The Common Elements are to be devoted to the comnion,* an4)enjoyment of the Owners (subject to the provisions hereof) and are not dedicated for use by/the general public except as indicated on the subdivision Plat and the real estate records of the Clerkand Recorder of Weld County, Colorado. Common Elements shall be owned by the Association. In no event shall the Common Elements fail to be transferred to the Association on a date which is not later than sixty (60) days after the completion of the transfer of all Lots from the Declarant or the Declarant's successors and assigns to third party purchasers. Each Owner and members of the Owner's family residing on the Project may use the appurtenant Common Elements in accordance with the purpose for which they are intended,without hindering or encroaching upon the lawful rights of any of the other Owners. The Executive Board may adopt Rules and Regulations governing the use of the Common Elements, but such Rules and Regulations shall be uniform and nondiscriminatory. Each Owner, by the acceptance of his or her deed or other instrument of conveyance or assignment and such Owner's guests agree to be bound by any such adopted Rules and Regulations. 1.13. Common Expenses shall mean: (i) all expenses expressly declared to be common expenses by this Declaration or by the Bylaws of the Association; (ii) all other expenses of administering, servicing, conserving, managing, maintaining, repairing, or replacing the Common Elements;(iii)insurance premiums for the insurance required or permitted under this Declaration;and (iv) all expenses lawfully determined to be Common Expenses by the Executive Board. Common Expenses benefitting fewer than all the Units may, in the discretion of the Executive Board, be assessed exclusively against those Units benefitted. 1.14. Declaration shall mean this Declaration and the Plat and amendments and supplements to the foregoing. 1.15. Executive Board shall mean the governing body of the Association. 1.16. First Mortgage shall mean any Mortgage that is not subject to any monetary lien or encumbrance except liens for taxes or other liens that are given priority by statute. 3 1.17. First Mortgagee shall mean any person named as a Mortgagee or beneficiary in any First Mortgage, or any successor to the interest of any such person under such First Mortgage. 1.18. Improvements shall mean and refer to all improvements now or hereafter constructed including,without limitation,all buildings,exterior lighting, signs,benches,walks,driveways,patios, decks, sheds, hot tubs, pools, landscaping(including pasture grass), fencing, irrigation and drainage systems (including ditches and culverts), site grading, and parking areas within the Project. 1.19. Lot shall mean and refer.tp any numbered area of land designated for separate ownership or occupancy as shown on thee/e4ided Plat. Lot shall also mean a"Unit" as defined in C.R.S. § 38-33.3-103 as originally enacted',dr/4Vsequently amended. Lot shall not include any Common Elements including outlots. 1.20. Manager shall mean a person or entity engaged by the Association to perform certain duties, powers, or functions of the Association, as the Executive Board may authorize from time to time. 1.21. Member shall mean and refer to every person or entity that holds membership in the Association by virtue of the ownership of a Unit. 1.22. Mortgage shall mean any mortgage, deed of trust or other document pledging any Residential Unit or interest therein as security for payment of a debt or obligation. 1.23. Mortgagee shall mean any person named as a mortgagee or beneficiary in any Mortgage, or any successor to the interest of any such person under such Mortgage. 1.24. Notice shall mean and refer to: (i) written notice hand delivered or sent by prepaid United States mail to the mailing address of a Unit or to any other mailing address designated in writing by the Unit Owner or to the last known address of the intended recipient, or (ii) notice through an Association publication which is hand delivered or sent by prepaid United States mail to the Units; or(iii) notice delivered by electronic mail or facsimile to an Owner at the electronic mail address or facsimile number designated by the Owner. 1.25. Owner shall mean any person, corporation, partnership, association, contract seller, or other legal entity or any combination thereof,including Declarant,who owns the record fee simple interest in a portion of one or more Lots and shall include the purchaser under any executory land sales contract wherein the Administrator of Veterans' Affairs is the seller, whether or not recorded, and whether owned by said Administrator or his assigns. The term Owner shall include any grantee, transferee, heir, successor, personal representative, executor, administrator, devisee, and assign of any Owner but shall not refer to any Mortgagee as herein defined or other person or entity having an ownership interest in any portion of a Lot merely as security for the performance of an obligation, unless such Mortgagee has acquired title pursuant to foreclosure or any proceeding in lieu of foreclosure. 4 1.26. Parcel shall mean each platted, numbered, and recorded division of vacant land as depicted on the Plat. 1.27. Plat shall mean that part of this Declaration that is a land survey Plat recorded in the real estate records of Weld County, Colorado, depicting any portion of the Property subject to this Declaration. 1.28. Project shall mean the common interest community created by this Declaration and as shown on the Plat. 1.29. Property shall mean the real pio e y)described in Exhibit A. 1.30. Related User shall mean any member ofthb family of an Owner who resides with such Owner, guests and invitees of an Owner, employees and agents of an Owner, and occupants,tenants, and contract purchasers residing in a Unit. 1.31. Rules and Regulations shall mean those rules and regulations as may be adopted by the Board of Directors for the management,preservation,safety, control and orderly operation of the Project and governing the use of the Common Elements provided, however, that such Rules and Regulations shall be uniform and nondiscriminatory. Copies of all such Rules and Regulations shall be furnished to Owners prior to the time that they become effective. 1.32. Single Family shall mean an individual living alone, or any number of persons living together as a single household who are interrelated by blood, marriage, adoption or other legal custodial relationship; or not more than two (2)unrelated adults and any number of persons related to those unrelated adults by blood, adoption, guardianship or legal custodial relationship. 1.33. Successor Declarant shall mean any person or entity to whom Declarant assigns any or all of its rights, obligations, or interest as Declarant, as evidenced by an assignment or deed of record executed by both Declarant and the transferee or assignee and recorded with the Clerk and Recorder. 1.34. Supplemental Declaration shall mean an instrument which amends this Declaration. 1.35. Supplemental Plat shall mean a supplemental plat of the Project which depicts any change in the Project through a Supplemental Declaration. 1.36. Undefined Terms.Each term not otherwise defined in this Declaration, including the Plat, shall have the same meaning specified or used in the Act. 1.37. Unit shall mean a physical portion of the common interest community which is designated for separate ownership or occupancy as shown on the recorded Plat. Unit shall not include any Common Elements including outlots. 5 ARTICLE 2-NAME, PROPERTY SUBJECT TO THIS DECLARATION AND ALLOCATION OF INTERESTS 2.1. Name. The name of the Project is Deer Meadows. The Project is a planned community pursuant to the Act. 2.2. Existing Property. The real property which is and shall be held, transferred, sold, conveyed, and occupied subject to this Declaration is located in Weld County,Colorado, and is more particularly described on Exhibit A. /%,' /1-) / , 2.3. Expansion Property. The real prdpprty/hich is and shall be held, transferred, sold, conveyed, and occupied subject to this Declaration may only be expanded as set forth in the Act. 2.4. Maximum Number of Units. Declarant reserves the right to create up to a total of seventeen (17) Units. 2.5. Identification of Units. The identification number of each Unit is shown on the Plat. 2.6. Description of Units. Each Unit shall be described by its lot number as shown on the final plat. 2.7. Allocation of Interests. The Common Expense liability and voting in the Association are allocated to each Unit as follows: a. The percentage of liability for Common Expenses shall be determined by using a formula in which the numerator is one (1) and the denominator is the total number of Units subject to this original Declaration, or subject to this Declaration from time to time; and b. There shall be one (1) vote per Unit. ARTICLE 3- MEMBERSHIP AND VOTING RIGHTS; ASSOCIATION STRUCTURE AND OPERATIONS 3.1. Association Name. The name of the Association shall be Deer Meadows Homeowners Association, Inc.. Every Owner of a Unit shall be a Member of the Association. Membership shall be appurtenant to and may not be separated from ownership of a Unit. 3.2. Transfer of Membership. An Owner shall not transfer, pledge, or alienate their membership in the Association in any way, except upon the sale or encumbrance of their Unit and then only to the purchaser or Mortgagee of their Unit. The Association shall not create a right of first refusal on any Unit and Owners may transfer ownership of their Units free from any such right. 6 3.3. Membership. The Association shall have one class of membership consisting of all Owners, including the Declarant so long as Declarant continues to own an interest in a Unit. Except as otherwise provided for in the Association Documents, each Member shall be entitled to vote in Association matters as set forth in this Declaration and the Bylaws. Each Owner,including Declarant while Declarant owns any Unit, is subject to all the rights and duties assigned to Owners under the Association Documents. 3.4. Voting. There shall be one vets per Unit. /(' / jr 1) 3.5. Declarant Control. Declarant sh'4Pbe/entitled to appoint and remove the members of the Association' s Executive Board and officers of-the Association to the fullest extent permitted under the Act and as set forth in the Association Documents. Declarant may voluntarily relinquish such power by recording a notice executed by Declarant with the Clerk and Recorder but, in such event, Declarant may at its option require that during the period Declarant would otherwise be entitled to appoint and remove directors and officers, specified actions of the Association or the Executive Board as described in the recorded notice be approved by Declarant before they become effective. 3.6. Books and Records. The Association shall maintain and shall make reasonably available for inspection, upon request, to Owners and their authorized agents, current copies of the Association Documents and the books, records and financial statements of the Association, and any other documents as listed in C.R.S. 38-33.3-317. The term "reasonably available" shall mean available during normal business hours, upon notice of five business days, to the extent that (i) the request is made in good faith and for a proper purpose, (ii) the request describes with reasonable particularity the records sought and the purpose of the request, and (iii) the records are relevant to the purpose of the request(C.R.S. 38-33.3-317(4). The Association may charge a reasonable fee for copying such materials. If the documents requested are on the Association's website, they shall be considered reasonably available. The Association shall not be required to provide written copies of any documents contained on the Association's website. 3.6.1 Sale of Unit-Disclosure to Buyer. In order to comply with C.R.S. 38-33.3- 223,the Association shall use its best efforts to accommodate a request by the seller for documents that are within the Association's control in accordance with C.R.S. 38-33.3-317. Said request must be in writing to the Association. The Association shall provide or make available all of the information required by this statute to sellers within five (5) business days from the date of the written request. Sellers and Buyers are urged to obtain the said information from the Association website for immediate access. If the documents requested are on the Association website,they shall be considered reasonably available. The Association shall not be required to provide written copies of any documents contained on the Association website. C.R.S. 38-33.3-223 provides that the seller must disclose to the buyer the following documents : 7 (a) The bylaws and the rules of the association; (b) The declaration; (c) The covenants; (d) Any party wall agreements; (e) Minutes of the most recent annual unit owners' meeting and of any executive board meetings that occurred within the six months immediately preceding the title deadline; (f) The association's operating budget; (g) The association's annual income and expenditures statement; and (h) The assoclatioy's annual balance sheet. 3.7. Manager. The Association may employ or contract for the services of a Manager to whom the Executive Board may delegate certain powers, functions, or duties of the Association, as provided in the Bylaws of the Association. The Manager shall not have the authority to make expenditures except upon prior approval and direction by the Executive Board. 3.8. Cooperation with Other Associations. The Association shall have the right and authority at any time,from time to time,to enter into agreements and otherwise cooperate with other homeowner associations and any districts, to share the costs and responsibility for any maintenance, repair, replacement or other matters, to perform maintenance, repair or replacement for any person(s) in consideration of payment or reimbursement therefor, to utilize the same contractors, subcontractors, managers or others who may perform services for the Association, any other homeowner associations and any districts, or to otherwise cooperate with any other homeowner associations and any districts in order to increase consistency or coordination,reduce costs, or as may otherwise be deemed appropriate or beneficial by the Executive Board in its discretion from time to time. The costs and expenses for all such matters, if any, shall be shared or apportioned between the Association and any other homeowner associations and any districts, as the Executive Board may determine in its discretion from time to time. Additionally, the Association shall have the right and authority at any time, from time to time, to enter into agreements and otherwise cooperate with any other homeowner associations and any districts to collect assessments, other charges or other amounts which may be due to such entity and to permit any such entity to collect assessments, other charges or other amounts which may be due to the Association;in any such instance,the Association shall provide for remittance to such entity of any amounts collected by the Association or to the Association of any amounts collected by such entity. 3.9. Rights of Action. The Association on behalf of itself and any aggrieved Owner, shall be granted a right of action against any and all Owners for failure to comply with the provisions of the Association Documents, or with decisions of the Executive Board made pursuant to authority granted to the Association in the Association Documents. In any action covered by this section, the Association or any Owner shall have the right, but not the obligation, to enforce the Association Documents by any proceeding at law or in equity, or as set forth in the Association Documents, or by mediation or binding arbitration if the parties so agree. The prevailing party in any arbitration or 8 judicial relief shall be entitled to reimbursement from the non-prevailing party or parties, for all reasonable costs and expenses, including attorney fees in connection with such arbitration or judicial relief Failure by the Association or by any Owner to enforce compliance with any provision of the Association Documents shall not be deemed a waiver of the right to enforce any provision thereafter. 3.10. Implied Rights and Obligations. The Association may exercise any right or privilege expressly granted to the Association in the Association Documents, by the Act, and by the Colorado Revised Nonprofit Corporation Act. ARTICLE 4 — POWE4'>QfriT5 EXECUTIVE BOARD 4.1. Powers. Except as provided in the B3laws and the Act,the Executive Board may act in all instances on behalf of the Association, to: a. Adopt and amend bylaws and rules and regulations and Architectural Design Standards; b. Adopt and amend budgets for revenues,expenditures and reserves, and collect Assessments; c. Hire and terminate managing agents and other employees, agents, and independent contractors; d. Institute, defend, or intervene in litigation or administrative proceedings in its own name on behalf of itself or two or more Owners on matters affecting the Project; e. Make contracts and incur liabilities; f. Regulate the use, maintenance, repair, replacement, and modification of Common Elements, if any; g. Cause additional Improvements to be made as a part of the Common Elements, if any; h. Acquire,hold,encumber,and convey in the name of the Association any right, title, or interest to real or personal property, except that Common Elements, if any, may be conveyed or subjected to a security interest only if Members entitled to cast at least eighty percent(80%)of the votes agree to that action; notwithstanding the foregoing,the Association may dedicate or transfer all or any portion of the common area to any governmental authority; 9 i. Grant easements, leases, licenses, and concessions through or over the Common Elements, if any; j. Annex additional property, pursuant to the terms of this Declaration; k. Impose and receive any payments, fees or charges for the use, rental, or operation of the Common Elements, if any; 1. Impose charges for/late/payment of Assessments,recover reasonable attorney fees and other legal'cdst1for::collection of Assessments and other actions to enforce the power of the Associ Lion, regardless of whether or not suit was initiated, and after Notice and opportunity to be heard, levy reasonable fines for violations of the Association Documents; m. Impose reasonable charges for the preparation and recordation of amendments to the Declaration or statements of unpaid Assessments; n. Provide for the indemnification of its officers and Executive Board and maintain directors' and officers' liability insurance; o. Assign its right to future income, including the right to receive Assessments; P. Exercise any other powers conferred by the Declaration or Association Bylaws; Q. Exercise all other powers that may be exercised in this state by legal entities of the same type as the Association; r. Delegate powers to a master association as provided in C.R.S. §38-33.3-220. If powers are delegated to a master association, the executive board of the master association must be elected pursuant to C.R.S. §38-33.3-220. s. Merge or consolidate the project with another common interest community of the same form of ownership. t. Exercise any other powers necessary and proper for the governance and operation of the Association. ARTICLE 5 - MECHANICS' LIENS 5.1. No Liability. If any Owner shall cause any material to be furnished to their Unit or any labor to be performed therein or thereon, no Owner of any other Unit shall under any circum- stances be liable for the payment of any expense incurred or for the value of any work done or — 10 material furnished. All such work shall be at the expense of the Owner causing it to be done, and such Owner shall be solely responsible to contractors, laborers, materialmen, and other persons furnishing labor or materials to their Unit. 5.2. Indemnification. If, because of any act or omission of any Owner, any mechanic's or other lien or order for the payment of money shall be filed against the Common Elements, if any, or the Association (whether or not such hen or order is valid or enforceable as such), the Owner whose act or omission forms the basis for'Atichifilp or order shall at his own cost and expense cause the same to be canceled and discharged"of,Cecotd)or bonded by a surety company reasonably acceptable to the Association, or to such other OWit&o Owners, within twenty(20)days after the date of filing thereof, and further shall indemnify and hold all the other Owners and the Association harmless from and against any and all costs, expenses, claims, losses, or damages including,without limitation, reasonable attorney fees resulting therefrom. 5.3. Association Action. Labor performed or materials furnished for the Common Elements, if any, if duly authorized by the Association in accordance with this Declaration or its Bylaws, shall be the basis for the filing of a lien pursuant to law against the Common Elements,if any. Any such lien shall be limited to the Common Elements, if any, and no lien may be effected against an individual Unit or Units. ARTICLE 6 - EASEMENTS 6.1. Recorded Easements. The Property shall be subject to all easements as shown on any Plat, those of record, those provided in the Act (including easements for encroachment set forth in Section 214 of the Act and an easement for maintenance of any such encroachment), and otherwise as set forth in this Article. 6.2. Utility Easements. There is hereby created an easement as denoted on the Plat for ingress and egress, installation, replacing, repairing and maintaining all utilities, including, but not limited to water, sewer, gas, telephone, cable TV, electricity, drainage, and fences. Said easement includes future utility services not presently available to the Units which reasonably may be required in the future.By virtue of this easement, it shall be expressly permissible for the companies providing utilities to erect and maintain the necessary equipment within such easement on any of the Units. 6.3. Reservation of Easements, Exceptions and Exclusions. The Association is hereby granted the right to establish from time to time, by declaration or otherwise, utility and other easements, permits, or licenses over the Common Elements and Lots, for the best interest of all the Owners and the Association. However, no such easement shall unreasonably interfere with an Owner's use of their Lot. Each Owner is hereby granted a perpetual non-exclusive right of ingress to and egress from the Owner's Unit over and across the Common Elements appurtenant to that Owner's Unit, which right shall be appurtenant to the Owner's Unit, and which right shall be subject 11 to limited and reasonable restriction on the use of Common Elements, if any, set forth in writing by the Association.6.4. Use of Easement Area. Within reserved easements, as shown on recorded Plats, or herein reserved, there shall be no structure, tree or shrub planting, or any other material installation which may damage or interfere with the installation or maintenance of utilities such as plumbed gas or water lines, wired electrical, cable television, or telephone utility lines. A Unit Owner shall not alter,inhibit, or change the direction of water-flow in drainage channels established in said easements or in any way that discharges drainage ontoaijadent Units. The easement area of each Unit and all Improvements in it, including fences, shall be Maintai ed continuously in good repair by the Owner of said Unit, except for those Improvements for which a public utility shall be responsible.It shall be the responsibility of the Unit Owner to notify with due speed the appropriate public utility of any known flaws, defects, or damage to any utility Improvements on said Owners Unit. 6.5. Emergency Access Easement. A general easement is hereby granted to all police, sheriff,fire protection, ambulance, and other similar emergency agencies or persons to enter upon the Property in the proper performance of their duties. ARTICLE 7— MAINTENANCE 7.1. Maintenance by Owners. Each Owner shall maintain and keep in repair his Unit, landscaping, fencing and any structures or buildings thereon, including the fixtures thereof to the extent current repair shall be necessary in order to avoid damaging other Units and to maintain a good appearance for the Project. 7.2. Maintenance by Association(except as set forth in Article 7,§7.1). The Association shall be responsible for the maintenance and repair of the Common Elements as shown on the Plat, and such maintenance and repair shall be the Common Expense of all Owners. This maintenance of the Common Elements shall include, but shall not be limited to, upkeep, repair and replacement of all landscaping, walls, fences, gates, signage, irrigation systems, and Improvements located in the Common Elements, as well as the fire department tank cistern on Tract 2. The Association shall maintain Tannehill Trail. A plan shall be developed by the Association to maintain roadways within the subdivision, especially during inclement weather conditions for emergency vehicles. In the event the Association does not maintain or repair the Common Elements,Declarant shall have the right,but not the obligation, to do so at the expense of the Association. 7.3. Association Maintenance as Common Expense. The cost of maintenance and repair by the Association shall be a Common Expense of all of the Owners, to be shared by each Owner equally. If maintenance is necessitated by damage caused by the negligence, misuse, or tortuous act of an Owner or Owner's agent, then the person or Owner causing the damage shall be responsible for the repair and expense. 12 ARTICLE 8 — INSURANCE 8.1. General Insurance Provisions. The Association shall acquire and pay for,out of the Assessments levied in accordance with this Declaration, any insurance policies required by the Act and such other insurance as the Executive Board may, within its discretion, determine. Such insurance required by this Article or the Act shall conform to the requirements set forth in C.R.S. §38-33.3-313(4)(a)-(d) which are as follow: 1/' /'i a. Each Unit Owner is an,l fstirp$erson under the policy with respect to liability arising out of such Unit 'bwner's interest in the Common Elements or membership in the Association. , b. The insurer waives its rights to subrogation under the policy against any Unit Owner or member of his household. c. No act or omission by any Unit Owner,unless acting within the scope of such Unit Owner's authority on behalf of the Association, will void the policy or be a condition to recovery under the policy. d. If, at the time of a loss under the policy, there is other insurance in the name of a Unit Owner covering the same risk covered by the policy, the Association's policy provides primary insurance. 8.2. Property and Commercial General Liability Insurance. Commencing not later than the time of the first conveyance of a Lot to a person other than Declarant, the Association shall maintain, to the extent reasonably available: a. Insurance on Common Elements. Property insurance on the Common Elements and also on property that must become Common Elements for broad form covered causes of loss, except that the total amount of insurance must be not less than the full insurable replacement cost of the insured property less applicable deductibles at the time the insurance is purchased and at each renewal date, exclusive of land, excavations, foundations, and other items normally excluded from property policies. b. Commercial General Liability Insurance. Commercial general liability insurance in a minimum amount of one million dollars ($1,000,000.00) or otherwise larger amount deemed sufficient in the judgment of the Executive Board against claims and liabilities arising in connection with the ownership, existence, use, or management of the Common Elements, insuring the ExecutiveBoard,the Association,the management agent,and their respective employees, agents, and all persons acting as agents. The Declarant shall be 13 included as an additional insured in such Declarant's capacity as the Unit Owner and board member. The Unit Owners shall be included as additional insureds but only for claims and liabilities arising in connection with the ownership, existence, use, or management of the Common Elements. The insurance shall cover claims of one or more insured parties against other insured parties. 8.3. Fidelity Insurance. Fidelity,insurance or fidelity bonds may be maintained by the Association to protect against dishonest/acts)on the part of its officers, directors, trustees, independent contractors, employees, and on the patI/of all others, including any Manager hired by the Association, who handle or are responsible forhandlrhg the funds belonging to or administered by the Association. In addition, if responsibility for handling funds is delegated to a Manager, such insurance must be obtained by or for the Manager and its officers, employees, and agents, as applicable. Such fidelity insurance or bond shall name the Association as insured and shall contain waivers of all defenses based upon the exclusion of persons serving without compensation from the definition of"employees" or similar terms or expressions. 8.4. Workers' Compensation Insurance. The Executive Board shall obtain workers' compensation or similar insurance with respect to its employees, if applicable, in the amounts and forms as may now or hereafter be required by law. 8.5 Directors,Officers and Members Liability Insurance. The Association may maintain liability coverage to protect Directors, Officers and Committee Members from any acts or omissions committed in their capacity as a director, officers or committee member. 8.6. Notice. If any insurance required by this Article is not reasonably available, or if any policy of such insurance is canceled or not renewed without a replacement policy therefore having been obtained, the Association promptly shall cause notice of that fact to be hand delivered or sent prepaid by United States mail to all Unit Owners. 8.7. Common Expenses. Premiums for insurance that the Association acquires and other expenses connected with acquiring such insurance are Common Expenses. 8.8. Other. An insurance policy issued to the Association does not obviate the need for Owners to obtain insurance for their own benefit. ARTICLE 9 - ASSESSMENTS 9.1. Obligation. Each Owner, including Declarant while an Owner of any Unit, is obligated to pay to the Association: (i) the Annual Assessments; (ii) Special Assessments; and (iii) Default Assessments. 14 9.2. Budget. Within ninety (90) days after the adoption of any proposed budget for the Common Interest Community, the Executive Board shall mail, by ordinary first-class mail, or otherwise deliver a summary of the budget to all Owners and shall set a date for a meeting of the Owners to consider the budget. Such meeting shall occur within a reasonable time after mailing or other delivery of the summary, or as allowed for in the Bylaws. The Executive Board shall give notice to the Owners of the meeting as allowed for in the Bylaws. The budget proposed by the Executive Board does not require approval from the Owners and it will be deemed approved by the Owners in the absence of a veto at the noticed meeting by a majority of all Owners, whether or not a quorum is present. In the event that the'proposed budget is vetoed, the periodic budget last proposed by the Executive Board and not vetoed by the Owners must be continued until a subsequent budget proposed by the Executive Board is not vetoed by,the Owners. 9.3. Annual Assessments. Annual Assessments made for Common Expenses shall be based upon the estimated cash requirements as the Executive Board shall from time to time determine to be paid by all of the Owners. Estimated Common Expenses shall include, but shall not be limited to, the cost of routine maintenance and operation of the Common Elements, if any, expenses of management and insurance premiums for insurance coverage as deemed desirable or necessary by the Association, landscaping of the Property, care of grounds within the Common Elements, if any, routine repairs, replacements and renovations within and of the Common Elements, if any, wages, common water and utility charges for the Common Elements, if any, legal and accounting fees, management fees, expenses and liabilities incurred by the Association under or by reason of this Declaration, payment of any deficit remaining from a previous Assessment period, and the creation of a reasonable and adequate contingency or other reserve or surplus fund for insurance deductibles and general, routine maintenance, repairs and replacement of Improvements within the Common Elements, if any, on a periodic basis, as needed. Annual Assessments shall be payable in monthly installments or on such other dates as the Executive Board determines. The omission or failure of the Association to fix the Annual Assessments for any Assessment period shall not be deemed a waiver, modification, or release of the Owners from their obligation to pay the same. The Association shall have the right, but not the obligation, to make prorated refunds of any Annual Assessments in excess of the actual expenses incurred in any fiscal year. 9.4. Apportionment of Annual Assessments. The Common Expenses shall be allocated among the Lots on the basis of the allocated interest for Common Expenses in effect on the date of Assessment, provided however that the Association reserves the right to allocate all expenses related to fewer than all of the Lots to the Owners of those affected Lots only. Notwithstanding the foregoing, the amount of Annual Assessment against Lots on which a certificate of occupancy has not been issued may be set at a lower rate than the rate of Annual Assessment against those Lots on which a certificate of occupancy has been issued pursuant to C.R.S. §38-33.3-315(3)(b),as amended, since such Lots do not receive certain benefits including the same services as other Lots. The lower rate of Assessment against such Lots shall be determined by the Board based upon the costs and expenses of the services actually provided to such Lots. 15 9.5. Special Assessments. In addition to the Annual Assessments, the Association may levy in any fiscal year one or more Special Assessments, payable over such a period as the Association may determine, for the purpose of defraying, in whole or in part, the cost of any construction or reconstruction, unexpected repair or replacement of Improvements within the Common Elements, if any, or for any other expense incurred or to be incurred as provided in this Declaration. This Section shall not be construed as an independent source of authority for the Association to incur expense, but shall be construed to prescribe the manner of assessing expenses authorized by other sections of this Declaration. Any amounts assessed pursuant to this Section shall be assessed to Owners according to their allocated interests for Common Expenses, subject to the right of the Association to assess only preainyst the Owners of affected Units any extraordinary maintenance, repair or restoration work on fewer t}tan all of the Units which shall be borne by the Owners of those affected Units only, and any extraordinary,insurance costs incurred as a result of the value of a particular Owner's Unit or the actions of a particular Owner(or his agents, servants,guests, tenants or invitees) shall be borne by that Owner. Notice in writing of the amount of such Special Assessments and the time for payment of the Special Assessments shall be given promptly to the Owners, and no payment shall be due less than ten(10) days after such notice shall have been given. 9.6. Default Assessments. All monetary fines assessed against an Owner pursuant to the Association Documents, or any expense of the Association which is the obligation of an Owner or which is incurred by the Association on behalf of the Owner pursuant to the Association Documents, shall be a Default Assessment and shall become a lien against such Owner's Unit which may be foreclosed or otherwise collected as provided in this Declaration. Notice of the amount and due date of such Default Assessment shall be sent to the Owner subject to such Assessment at least ten (10) days prior to the due date. 9.7. Effect of Nonpayment; Assessment Lien. Any Assessment installment, whether pertaining to any Annual, Special, or Default Assessment, which is not paid on or before its due date shall be delinquent. If an Assessment installment becomes delinquent, the Association, in its sole discretion, may take any or all of the following actions: a. Assess a late charge for each delinquency in such amount as the Association deems appropriate; b. Assess an interest charge from the due date at the yearly rate of eighteen percent (18%), or such other lawful rate as the Executive Board may establish; c. Suspend the voting rights of the Owner during any period of delinquency; d. Suspend the rights of the Owner, and the Owner's family, guests, lessees, and invitees, to use Common Element facilities during any period of delinquency; e. Accelerate all remaining Assessment installments so that unpaid Assessments for the remainder of the fiscal year shall be due and payable at once; 16 f. Bring an action at law against any Owner personally obligated to pay the delinquent Assessments; and g. Proceed with foreclosure as set forth in more detail below. Assessments chargeable to any Unix shall constitute a lien on such Unit. The Association may institute foreclosure proceedings against thp'defaulting Owner's Unit in the manner for foreclosing a mortgage on real property under the laws of/the State of Colorado. In the event of any such foreclosure, the Owner shall be liable for the amount of unpaid Assessments, any penalties and interest thereon,the cost and expenses of such proceedings,the cost and expenses for filing the notice of the claim and lien, and all reasonable attorney fees incurred in connection with the enforcement of the lien. The Association shall have the power to bid on a Unit at foreclosure sale and to acquire and hold, lease, mortgage, and convey the same. Liens for Assessments and their priority shall be as provided in C.R.S. §38-33.3-316. 9.8. Personal Obligation. Each Unit Owner is liable for Assessments made against such Owner's Unit during the period of ownership of such Unit. No Unit Owner may be exempt from liability for payment of the Assessments by waiver of the use or enjoyment of any of the Common Elements or by abandonment of the Unit against which the Assessments are made. Suit to recover a money judgment for unpaid Assessments, any penalties and interest thereon,the cost and expenses of such proceedings, and all reasonable attorney fees in connection therewith shall be maintainable without foreclosing or waiving the Assessment lien provided in this Declaration. 9.9. Payment by Mortgagee. Any Mortgagee holding a lien on a Unit may pay any unpaid Assessment payable with respect to such Unit, together with any and all costs and expenses incurred with respect to the lien, and upon such payment that Mortgagee shall have a lien on the Unit for the amounts paid with the same priority as the lien of the Mortgage. 9.10. Statement of Status of Assessment Payment. Upon payment of a reasonable fee set from time to time by the Executive Board,the Association shall furnish to a Unit Owner or such Unit Owner's designee or to a holder of a security interest or its designee upon written request, delivered personally or by certified mail, first-class postage prepaid, return receipt, to the Association's registered agent or Manager, a written statement setting forth the amount of unpaid Assessments currently levied against such Owner's Unit, The statement shall be furnished within fourteen (14) calendar days after receipt of the request and is binding on the Association,the Executive Board, and every Unit Owner. If no statement is furnished to the Unit Owner or holder of a security interest or his or her designee,delivered personally 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 Unit for unpaid Assessments which were due as of the date of the request. 9.11. Maintenance of Accounts;Accounting. If the Association delegates powers of the Executive Board or its officers relating to collection,deposit,transfer,or disbursement of Association 17 funds to other persons or to a Manager, then such other persons or Manager must: (i) maintain all funds and accounts of the Association separate from the funds and accounts of other associations managed by the other person or Manager; (ii) maintain all reserve and working capital accounts of the Association separate from the operational accounts of the Association, and (iii) provide to the Association an annual accounting and financial statement of Association funds prepared by the Manager, a public accountant, or a certified public accountant. ARTICLE 10 — RESERVED SPECIAL DECLARANT RIGHTS ' //;) 10.1. Special Declarant Rights. Declatanp reserves the Special Declarant Rights as defined from time to time in the Act, including without limitation, the right or combination of rights as follows: a. To complete any Improvements indicated on the Plat; b. To maintain sales offices, management offices, model homes, and signs advertising the common interest community; c. To use easements through the Common Elements and Lots for the purpose of making Improvements within the common interest community; d. To appoint or remove any officer of the Association or any Executive Board member during any period of Declarant control. 10.2. Construction: Declarant's Easement. Declarant reserves the right to perform warranty work, repairs and construction in Units and Common Elements,to store materials in secure areas, and to control and have the right of access to work and make repairs until completion. All work may be performed by Declarant without the consent or approval of the Executive Board. Declarant has an easement through the Common Elements as may be reasonably necessary for the purpose of discharging Declarant's obligations or exercising Special Declarant Rights,whether arising under the Act or reserved in this Declaration. This easement includes the right to convey access, utility, and drainage easements to a governmental entity. 10.3. Declarant's Property. Declarant reserves the right to remove and retain all its property used in the sales, management, construction, and maintenance of the property, whether or not they have become fixtures. 10.4. Limitations on Special Declarant Rights. Unless terminated earlier by a document executed by Declarant and recorded in the real estate records of Weld County, Colorado, any reserved Development Rights and Special Declarant Rights may be exercised by Declarant, as long as Declarant: (a) is obligated under any warranty or obligation; (b) holds a Development Right to create additional Units or Common Elements;(c)owns any Unit;(d)owns any security interest in any 18 Unit; or(e) ten(10)years have elapsed after recording of this Declaration in the real estate records of Weld County, Colorado. Earlier termination of certain rights may occur in accordance with the Act. 10.5. Interference With Special Declarant Rights. While the Declarant is entitled to exercise its Special Declarant Rights,neither the Association nor any Unit Owner may take any action or adopt any rule that will interfere with or diminish any Special Declarant Right without the prior written consent of Declarant and any entity to whom Special Declarant Rights have been assigned. • / ) 10.6. Rights Transferable. Any Special Declarant rights or other Declarant rights created or reserved under this Declaration may be transferred by an instrument evidencing the transfer recorded in Weld County, Colorado. Such instrument shall be executed by the transferor,Declarant, and the transferee. ARTICLE 11 — ARCHITECTURAL REVIEW; OTHER RESTRICTIONS 11.1. Association Power. The Association shall have the right and power to prohibit any activities deemed unsafe, unsightly, unreasonably noisy or otherwise offensive to the senses and perceptible from another Unit or the Common Elements, if any, by promulgating Rules and Regulations which restrict or prohibit such activities. 11.2. Review. No buildings,structures or other Improvements including fences,driveways, parking areas, and landscaping (including pasture grass) shall be planted, installed, constructed, modified, altered, repaired, or rebuilt, nor shall any other action be taken that alters the exterior appearance of the Lot or Improvements, including lighting and color, unless first approved in writing by the Architectural Review Committee. The Architectural Review Committee shall exercise reasonable judgment to the end that all buildings, structures, modifications, alterations, or additions to the Units conform to and harmonize with existing surroundings and structures. The Architectural Review Committee has the absolute right to deny any requested landscaping, buildings, structures, modifications, alterations, or additions which the Architectural Review Committee reasonably determines do not conform to and harmonize with existing surroundings and structures. 11.3. No Review. Notwithstanding the foregoing,the following types of changes,additions, or alterations do not require the approval of the Architectural Review Committee: 11.3.1. Addition of plants to a Lot in accordance with a previously approved Landscape Plan; 11.3.2. Modification to the interior of a residence when those modifications do not unduly affect the outside appearance of the structure; 19 11.3.3. Repainting or restaining of the exterior of the residence in the original _ color; 11.3.4. Repairs to a structure in accordance with previously approved plans and specifications; 11.3.5. Reroofing with roofing materials of the same, or better, quality and color as original material; and 11.3.6. Seasonal decorations ifsemoved promptly (within fifteen (15) days following the holiday)..≥ Although exempt from Architectural Review Committee review,all work must proceed in accordance with all applicable law, codes, and regulations and the provisions of this Declaration. 11.4. Membership of Architectural Review Committee. The Architectural Review Committee shall consist of three (3) members, all of whom shall be appointed by Declarant. Declarant shall have the continuing right to appoint all three (3) members during the Appointment Period(as hereafter defined). The Association shall have the right to appoint such members after the end of the Appointment Period. The "Appointment Period" shall mean the period of time commencing as of the date of recordation of this Declaration and continuing until the earliest to occur of the following events: (a)when all Units in the Project have been conveyed to persons other than Declarant and certificates of occupancy have been issued for the residences constructed thereon;(b) ten (10) years after the date this Declaration is recorded; or (c) when, in its discretion, Declarant voluntarily relinquishes such right. During the Appointment Period,Declarant shall not be obligated to appoint members to the Architectural Review Committee. In such event,Declarant or Declarant's designated representative shall exercise all rights and obligations of the Architectural Review Committee as set forth in this Article. Members of the Architectural Review Committee may but shall not necessarily be members of the Association. Members of the Architectural Review Committee to be appointed by the Association shall be appointed by the Executive Board. Members of the Architectural Review Committee appointed by the Executive Board may be removed at any time by the Board, and shall serve for such term as may be designated by the Executive Board, or until resignation or removal by the Board. During the Appointment Period, Declarant shall give the Association written notice of the appointment or removal of any member of the Architectural Review Committee. After the Appointment Period, the Association may at any time and from time to time change the authorized number of members of the Architectural Review Committee. A majority of the Architectural Review Committee shall constitute a quorum of the Committee, and a majority of Committee members present at any meeting where a quorum is present shall be required for Committee action. Notice of all Architectural Review Committee meetings shall be furnished to each member of the Committee. 11.5. Plan Review Procedure. Prior to commencement of any onsite work, the Owner or such Owner's designated representative (hereinafter referred to as "Applicant") must obtain the written approval of the Architectural Review Committee. _ 20 a. Plan Submittal. The Applicant must submit to the Architectural Review Committee the following minimum items(in addition to other items which the Architectural Review Committee deems necessary or advisable for it to act under the circumstances): (i) Site plan; (ii) Complete construction plans; (iii) Specifications, including color schemes and material samples for the building, addition or alteration; (iv) Payment in full of all anticipated costs as set forth below; and (v) Landscape plan including types and quantity of plants, including grasses. b. Plan Approval. Upon receipt by the Architectural Review Committee of all items set forth above, the Architectural Review Committee shall thereafter have thirty (30) days to furnish Applicant with written notice of approval or rejection of the plans as submitted. The approval may contain certain conditions including, but not limited to, deadlines for the completion of the Improvements. If rejected,the Architectural Review Committee shall furnish a written explanation of the basis for its rejection and shall, if practical,furnish suggested modifications which would render the plans acceptable, subject to resubmission for review and approval upon completion of any such modifications. The Architectural Review Committee may condition its approval upon certain modifications being made to the plans, in which event such plans shall be deemed approved only upon submission to the Architectural Committee of one (1) complete set of all revised plans fully incorporated and reflecting all such required modifications. c. Failure to Respond. If for any reason the Architectural Review Committee has not responded to the Applicant in writing within the thirty(30)day period as provided above, the Applicant shall notify the Architectural Review Committee of such failure in writing by certified mail, return receipt requested. Thereafter,unless the Architectural Review Committee furnishes written notice of approval or rejection as required above within fifteen (15) days following receipt of said notice from the Applicant, the plans as submitted shall be deemed approved. In the event the Architectural Review Committee has notified Applicant of the necessity of submitting additional documentation,the thirty(30)day and fifteen(15)day periods set forth above shall not begin until Applicant has submitted all required documentation. 21 d. Dispute of Committee Action. If an Owner disputes the rejection of the — Owner's application or the conditions placed upon the approval of the Owner's Application and files a lawsuit related to said dispute, the Architectural Review Committee and the Association shall be entitled to recover all costs and attorneys' fees incurred in connection with such suit unless a court determines the Architectural Review Committee or Association actions were wanton and willful. 11.6. Notice of Completion. Upon completion of the construction, modification or alteration of any Improvements,the Applicant shall furnish written notice to the Architectural Review Committee of same. Thereafter, the Architectural Review Committee or its designee shall have the right to inspect the Improvements to assure compliance with the approved plans and the Applicant shall cooperate with the Architectural Review Committee or its designee to arrange the inspection. If the Applicant fails or refuses to permit such inspection, or if upon inspection it is determined that such Improvements do not comply with the approved plans,the Architectural Review Committee may furnish Applicant with written notice of noncompliance and exercise all remedies permitted herein, at law or in equity. 11.7. Remedies Upon Noncompliance. The Architectural Review Committee shall have the right to inspect the work during and after the time the work is being performed. If at any time the Architectural Review Committee determines an Owner or Applicant is not in compliance with the Architectural Design Standards or approved plans, including without limitation the failure to submit plans for approval prior to commencing any onsite work, the Architectural Review Committee shall furnish notice of noncompliance to the Owner. Upon such notice,the Owner shall immediately cease all work other than is required to bring the Improvements into compliance. If the Owner fails to immediately cease all such work, or fails to bring the Improvements into such compliance within a reasonable period of time not exceeding thirty (30) days, the Architectural Review Committee and the Association shall have all rights and remedies available pursuant to this Declaration, at law or in equity. Such rights and remedies include but are not limited to the following: a. Injunctive Relief The Architectural Review Committee and the Association may seek appropriate injunctive relief in order to compel the Owner to cease all work and bring the Improvements into compliance or authorize the Architectural Review Committee or the Association to undertake all steps and actions, on the Owner's behalf and expense. Said expense shall be a personal obligation of the Owner and a charge and lien against said Owner's Unit as with Assessments as provided herein. b. Damages,Costs,and Attorney Fees. The Architectural Review Committee and the Association may recover from the Owner all damages, costs, and attorney fees suffered or incurred in connection with the existence or remedy of any Improvements not in compliance with this Declaration, the Architectural Design Standards or approved plans, as applicable. Said 22 damages, costs, and attorney fees shall be a personal obligation of the Owner and a charge and lien against said Owner's Lot as with Assessments as provided herein. 11.8. Authority to Hire, Assess Costs, and Raise Funds. The Architectural Review Committee has the authority to hire or retain such professionals or other persons as it deems neces- sary for the purposes described herein. The Architectural Review Committee shall also have the power to require the Owner submitting matters to it for approval to pay reasonably necessary costs of the submission prior to their review and as a necessary condition thereof Any excess funds shall be returned, but the submitting Owner,shall remain liable to pay any additional expense(s) if prepayment is insufficient. 11.9. Records. The Architectural Review Committee shall maintain written records of all applications submitted to it and all actions taken thereon for a period of five (5) years. 11.10. Restrictions on Use.Use and enjoyment of each Unit shall be subject to the following restrictions: a. Land Use. No Unit or portion thereof shall be used for any purpose other than as permitted by applicable zoning. No group housing or board and care homes shall be permitted. b. No Further Subdivision. No Unit or any building shall be further subdivided or separated into smaller units by any Owner, and no portion less than all of any such Unit or building or any easement or other interest therein shall be conveyed or transferred by an Owner, provided that this shall not prohibit deeds of correction, deeds to resolve boundary line disputes, and similar corrective instruments. c. Nuisances. No noxious or offensive activity shall be carried on upon any Unit, nor shall any thing be done thereon which may become an annoyance to the neighborhood. No annoying light, sound, or odor shall be emitted from any Unit onto any other Unit(s)which can be considered offensive or intrusive to other Unit Owners or occupants. The Architectural Review Committee may adopt Rules and Regulations concerning the type and hours of operation of exterior lighting. d. Discharge of Weapons. No person shall discharge, fire, or shoot any gun, pistol, crossbow, bow and arrow, slingshot, or other firearm or weapon whatsoever, including BB guns and pellet guns,within the Common Interest Community. The Association may adopt a rule allowing the use of the above described items subject to specific requirements. Notwithstanding the foregoing, the discharge of firearms or weapons by any member of any law 23 enforcement agency in the course of such member's official duty shall not be _ deemed a violation of this provision. e. Temporary Structures. No structures of a temporary character such as trailers, mobile homes, tents, shacks, garages, barns, or other outbuildings shall be used on any Unit at any time as a residence either temporarily or permanently. f. Accessory Buildings. No accessory buildings, storage barns, or sheds shall be constructed or moved onto any Unit without written consent of the Architectural Re,View Committee. Said structures shall not be unreasonably prohibited so long as,fail consideration is given to architectural integration of materials, colors, and placement on the property. g. Offsite Built Homes. No building built of site in a factory or construction yard including a building on a permanent chassis with a HUD (United States Department of Housing and Urban Development) label, commonly referred to as a"Mobile Home", shall be permitted. h. Signs. No sign of any kind shall be displayed to the public view on any Unit except customary name and address signs and one (1) "For Sale" sign advertising the Unit for sale(not to exceed six(6) square feet)and such other signs as specifically permitted by the Executive Board. In no event shall any sign exceed the size limitation as provided in the Weld County Code, which is currently thirty-two (32) square feet. Political signs are prohibited to the greatest extent possible under C.R.S. 38-33.3-106.5. Oil, Gas, and Mining. No oil drilling, oil development operations, oil refining, quarrying, or mining operations of any kind shall be permitted upon, in or under any Unit. Nor shall any oil wells, tanks, tunnels, mineral excavations, or shafts be permitted upon any Unit. No derrick or other structures designed for use in boring for oil or natural gas shall be erected, maintained, or permitted on any Unit. j. Household Pets. Household pets such as dogs, cats, and such other household pets which may be specifically approved from time-to-time by the Executive Board, may be kept on a Unit provided, and unless otherwise authorized by the Executive Board, no more than a total of four (4) such household Pets (of which no more than three (3) shall be adult dogs) maybe kept on any Unit. The offspring of an owner's pet shall not be considered for purposes of the number restrictions until they are six(6)months old. No such household pets may be kept,bred,or maintained for any commercial purposes and the manner of keeping such animals shall not be allowed to result in any 24 unsanitary conditions or a nuisance or annoyance to the occupants of other Units. The Executive Board may adopt Rules and Regulations regarding the type of animals recognized as household pets and requirements for keeping such household pets on any Unit. Household pets shall be properly housed and penned or fenced in enclosures approved by the Architectural Review Committee. Animals shall not be permitted to roam onto other Units. Pet foods will be contained within closed structures to mitigate uninvited wildlife. No animals shall be allowed on the Common Elements except in strict compliance with Rules and Regulations adopted by the Association. The Owners of a Unit shall be responsible for any damage or injury caused by any animals owned or kept by,-the Owners. Without limiting the foregoing, continuous and/or frequent barkit g or howling by dogs is hereby defined as a nuisance. k. Livestock. No more than the number of animal units permitted by the Weld County Code shall be permitted per lot. Only the following large animals shall be permitted on a lot. A "large animal" is defined as one of the following adult animals: cow,horse, or any other animal designated and approved from time-to-time by the Executive Board. No small animals shall be kept on a lot except with the prior written approval of the Executive Board. A "small animal" includes but is not limited to sheep, goats, rabbits, chickens, ducks, geese, or other small poultry or birds. Small animals shall be housed in adequate coops,hutches, or other enclosures to protect them from predators. No swine or any animal not included in the above lists may be kept on a Unit. No large or small animals may be kept, bred, or maintained for any commercial purposes and the Units shall not be used for feed yards, poultry farms, horse boarding and/or breeding operations or other commercial or industrial type uses. The manner of keeping large and/or small animals shall not be allowed to result in any unsanitary conditions or a nuisance or annoyance to the occupants of other Units. The Executive Board may adopt Rules and Regulations regarding the type, quantity, and requirements for keeping large and small animals on any Unit, and in doing so may take into consideration the vegetation and type of irrigation available, the carrying capacity of the Unit, the type and necessity of shelter for the animals, the manner in which the Lot Owner has maintained the vegetation and control of weeds on the Unit, and such other considerations as the Executive Board may deem germane. Any decision by the Executive Board regarding the type and number of animals which may be kept upon a Unit shall not be effective unless and until it has been reduced to writing. Any such decision may later be rescinded or modified by the Executive Board, and any Unit Owner affected by such rescission or modification shall have a reasonable time(not to exceed forty-five (45) days) to comply with such rescission or modification. Large and small animals shall be properly housed and penned or fenced in enclosures 25 approved by the Architectural Review Committee. Any livestock residing on the individual lots shall be confined to corrals with the exception of limited grazing on the particular lot. Lot grazing standards shall be established by the Association with the assistance of the CSU Cooperative Extension Service. Animals shall not be permitted to roam onto other Units. The Owners of a Unit shall be responsible for any damage or injury caused by any animals owned or kept by the Owners. No part of any Property shall be over-grazed, as determined by the Architectural Review Committee. If invisible fencing is used, it must be one hundred percent (100%) effective or replaced with fencing approved by the)Architectural Review Committee within one (1) month's time after notification)of containment. No occupant or Owner shall allow an excess accumulation(as determined by the Architectural Review Committee) of manure on any Unit, Garbage and Refuse Disposal. No Unit shall be used or maintained as a dumping ground for rubbish,trash,or garbage.Trash,garbage, or other waste shall not be kept except in sanitary and secure containers. All containers shall be kept in a clean and sanitary condition and shall not be kept in public view except during the scheduled day of pick up. The Association, acting through its Executive Board, shall have the right to require that any trash collection within the Common Interest Community be performed by one company and that trash be collected from all Lots by such company on the same day of each week. The Executive Board shall select the trash company based on competitive bids. The cost of trash collection shall be paid by each Owner directly to the trash collection company, and the Association shall not have the duty to assess the cost of trash collection as a Common Expense. Nothing herein contained shall be construed to prohibit an Owner from personally disposing of trash from his Lot. This section shall not apply to a contractor during the construction of a Residence of other improvements on a Lot. The contractor may dispose of trash, rubbish, debris, and other construction materials from the Lot either personally or by contracting with a trash collection company. The trash collection company may remove trash, rubbish, debris, and other construction materials from the Lot during the construction of the Residence as often as the contractor deems appropriate. All dumpsters shall have lid tie-downs to protect them from animals. m. Storage of Materials. Storage of materials shall be done in accordance with the following provisions: (i) No occupant or Owner of any Unit shall store or permit to be stored or to accumulate,upon any Unit,any debris, any piles of manure,piles of dirt, machinery or equipment or any part thereof, old or rusted pieces of metal, rubber or any type of junk, or other miscellaneous 26 items unless approved by the Architectural Review Committee or concealed from public and neighbor views within an enclosed structure. (ii) Storage of building materials is permitted only to facilitate continuous building projects in progress.Unit Owners shall supervise and assure secure storage of all building materials during construction to prevent damage to otherstitictures or littering throughout neighborhood as a result of heavy wihda,, (iii) No tanks for the storage of any materials other than propane fuel shall be erected, placed, or permitted above or below the surface of any Unit without the express written consent of the Architectural Review Committee. The Architectural Review Committee shall have the right to approve the location of any propane tank, and require screening around said tank. Any firewood pile shall be screened and located ' within the confines of a privacy fence approved by the Architectural Review Committee. n. Hazardous Activities. No activities shall be conducted on any Unit which are or might be unsafe or hazardous to any person or any property. No firearms shall be discharged upon any Unit and no open fires shall be lighted or permitted on any Unit except in a contained barbecue unit while attended and in use for cooking purposes or within an interior approved fireplace. No burning of trash, leaves, or other materials shall be allowed. The storage of any type of explosive devices, compounds, chemicals, or materials is prohibited. o. Motor Vehicles, Recreational Vehicles, Disabled Vehicles, Vehicle Storage and Repair. No inoperable, unlicenced or junked motor vehicles, trailers, boats, or other equipment shall be kept on any Lot or about the Project in any manner. No more than a combined total of three (3) of the following may be parked on a Lot except in an enclosed building: motor vehicles and motor cycles. No more than two(2)tractors may be parked on a Lot except in an enclosed building. No more than a total of one (1) motor home, camper,trailer, horse trailer, or recreational vehicle may be parked on a Lot except in an enclosed building. No more than one (1) boat may be parked on a Lot except in an enclosed building. A reasonable number of pieces of farm equipment used to maintain the Lot may be kept on a Lot. All of the above must be operable and, if applicable, properly licensed. No tractor-trailers or semi-trucks may be parked on a Lot at anytime. Except as set forth above nothing else shall be parked or stored on a Lot except in an enclosed building unless specifically permitted by Rules and Regulations 27 adopted by the Association. No motor vehicles, motor cycles, motor homes, campers,trailers,recreational vehicles,boats,tractors,and equipment shall be stored or parked for more than 72-hours on any street within the Project. No tractor-trailer or semi-truck shall be allowed at any time on any street in the Project except for delivery of materials during construction or moving vans, while being used to move personal property to or from a Lot. Nothing contained herein shall prevent the Owner or Owners of any Lot from storing any of said vehicles(except tractor-trailers or semi-trucks)in a garage on their Lot. No automotive repairs/shall be done on any street, or Lot which may be seen from the view of adjacent'prbperties. The restrictions set forth above shall not restrict the parking of trucks or,other commercial vehicles for a reasonable time upon a Lot,which vehicles are necessary for the construction of a building on said Lot. P. Antennas. No exterior radio antennas,television antennas,or other antennas may be erected unless approved in writing by the Architectural Review Committee. Any facility for the transmission or reception of audio or visual signals shall be kept and maintained, to the extent reasonably possible, underground or within an enclosed structure. Notwithstanding the foregoing, neither the restrictions nor the requirements of this Section shall apply to those antennas (which may include some satellite dishes and other devices) that are specifically covered by the Telecommunications Act of 1996, as amended from time to time. As to antennas which are specifically covered by the Telecommunications Act of 1996, as amended, the Committee shall be empowered to adopt rules and regulations governing the types of antennas that are permissible hereunder, and to the extent permitted by the Telecommunications Act of 1996, as amended, establishing reasonable, non- discriminatory restrictions relating to appearance, safety, location, and maintenance. q. Home Occupations/Businesses. The conduct of a home occupation or business within the Project is prohibited unless the following requirements are met: home occupations or businesses must be conducted inside the residence and not occupy more than fifteen percent(15%) of the total floor area of the residence. Home occupations or businesses must be conducted only by the residents of said dwelling with no nonresidents employed at the residence. No retail sales shall be conducted on the Lot or in public view. Home occupations or businesses must be conducted within the scope of the zoning ordinances of Weld County. Customer visits must be limited to an occasional frequency. Customer parking must be in the driveway or immediately in front of the residence. There shall be no evidence of a home occupation or business from the outside of the residence. 28 r. Clothes Lines and Dog Runs. No clothes lines shall be located on any Lot and dog runs must first be approved by the Architectural Review Committee. s. Maintenance and Repair of Landscaping and Improvements:Except for areas covered by buildings, driveways or parking areas, all land areas shall be covered with plants or other ground cover,pursuant to a plan approved by the Architectural Review Committee. The landscaping shall be installed within eighteen (18) months after the issuance of a certificate of occupancy. Maintenance and repair of landscaping and Improvements shall be subject to the following provisions: /,/ �. (i) Each Owner shall provide prudent and regular exterior maintenance upon each Unit including painting, repairs and/or replacement of roofs, gutters, downspouts, exterior building surfaces, trees, shrubs, grass and other landscaping(including pasture grass), fences, walks, driveways and other surfaces, and all other exterior Improvements to maintain the visual attractiveness and value of the Units in the Project. Unit Owners shall not allow weeds or other unsightly vegetation on Units to exceed twelve inches in height. Owners must properly control noxious weeds. Weed management and abatement measures will be established by the Association with the assistance of the CSU Cooperative Extension Service and Weld County Public Works. The Association may adopt a rule concerning weed management and nuisance wildlife abatement. (ii) Failure to maintain: In the event an Owner of any Unit in the Project shall fail to maintain the premises and the Improvements thereon as provided herein, the Association or the Architectural Review Committee, after Notice to the Owner and a reasonable opportunity for the Owner to perform all necessary work, may undertake such work on behalf of and at the Owner's expense. Any such expense shall be reimbursed to the Association or Architectural Review Committee within thirty(30)days of the furnishing of Notice to such Owner that such reimbursement is owed, together with costs of collection thereof, attorney fees,and interest thereon. Said obligation shall be a personal obligation of the Owner and a charge and lien against each Owner's Unit as provided herein for Assessments. t. Non-Owner Occupants. All covenants, restrictions, rules, regulations, and provisions of this Declaration shall be binding on non-Owner occupants without exception.Property Owners who lease their property shall be required to furnish to lessees copies of this Declaration along with a written lease referencing this Declaration; leasing or being absent from the property shall 29 not release property Owners from liabilities and responsibilities described herein. u. Water and Sewer. No individual water supply system or sewage disposal system shall be permitted on any Unit unless it is in compliance with all state and county health regulations and approved by the Weld County Department of Public Health and Environment. Leach fields must be designed by a licensed engineer. Activities such as permanent landscaping, structures, dirt mounds, animal husbandry activities, or other activities that would interfere with the construction, maintenance, or function of the absorption fields are expressly prohibited in the absorption field sites. v. No Violation of Law. Nothing shall be done or kept in or on any portion of the Project by a Unit Owner or occupant which would be in violation of any statute,rule, ordinance, regulation, permit, or validly imposed requirement of any governmental body having jurisdiction over the Project. The Association shall have no duty or obligation to enforce any such statute, rule, ordinance, regulation, permit or validly imposed requirement. w. Fencing. No fencing of any type shall be constructed on any Lot within the Project without prior approval in writing by the Architectural Review Committee. The Association may adopt rules concerning fencing including compliance with recommendations of the Colorado Division of Wildlife. — Project perimeter fencing, if any, shall be three-strand, double stay barb-wire fencing,with the lowest strand being no lower than eighteen(18)inches from the ground, and the highest strand being no higher than thirty-eight (38) inches from the ground. x. No Imperiling of Insurance. Nothing shall be done or kept in or on any portion of the Project which might result in an increase in the premiums with respect to insurance obtained for all or any portion of the Project or which might cause cancellation of such insurance, except with the prior written consent of the Executive Board. y. Architectural Design Standards. The minimum Architectural Design Standards for the Project are set forth in Exhibit B attached hereto and made a part hereof. The Architectural Review Committee has the power and authority to make additional requirements for any residential construction or reconstruction within the Project. The Architectural Review Committee may modify or amend the Architectural Design Standards so long as such modifications and amendments are consistent with this Declaration. The Architectural Review Committee may grant reasonable variances or adjustments for any conditions and restrictions imposed by this Article in 30 order to overcome practical difficulties or prevent unnecessary hardships arising by reason of the application of any such conditions and restrictions. Such variances shall be granted only in case the granting thereof shall not be materially detrimental or injurious to the other property or Improvements in the Project and shall not be contrary to the general intent and purpose hereof. During the period of Declarant's Reserved Rights,the minimum standards set forth in Exhibit B cannot be altered without Declarant's approval. z. Underground Lines. All electric, television, telephone, and other lines running from any property line,of a Lot to a residence or other structure shall be placed underground. / /,>> aa. Trash Burning. Trash,leaves,and other/siihilar materials shall not be burned within the Project. bb. Drainage. No Owner shall change the topography or drainage pattern of a Lot including, not by limitation, any drainage easement areas, from the topography or drainage pattern established by the Declarant unless such change is approved by the Architectural Review Committee, Any Owner who in any way materially modifies the topography or drainage pattern of a Lot without such consent shall be liable for any and all damages stemming therefrom, and may be required to return such topography or drainage patterns to their original state. If any Owner fails to fully abide by this provision, the Association or the Architectural Review Committee, after Notice to the Owner and a reasonable opportunity to perform all necessary work restoring drainage patterns, may undertake such work on behalf of and at the Owner's expense. Any such expense shall be reimbursed to the Association or Architectural Review Committee within thirty(30) days of the furnishing of Notice to such Owner that such reimbursement is owed,together with costs of collection thereof, attorney fees, and interest thereon. Said obligation shall be a personal obligation of the Owner and a charge and lien against each Owner's Lot as provided herein for Assessments. cc. Damage to Residence. If all or any portion of a residence is damaged or destroyed by fire or other casualty, it shall be the duty of the Owner, with all due diligence,to rebuild,repair, or reconstruct the residence in a manner that will substantially restore it to its appearance and condition immediately prior to the casualty. dd. Common Open Space. The Common Open Space,will be maintained by the Association. The goal will be to maintain this area in its present state, or better. The management plan will be developed with the assistance of CSU Cooperative Extension and will include grazing,mowing,weed management, 31 preservation and protection of the wet meadows and ephemeral ponds, fire protection, fertilization and other site enhancement measures. Motorized vehicles will not be allowed in the Common Open Space area unless used for emergency and maintenance duties as specified in these covenants. ee. Prohibitions Contrary to Public Policy. The Association shall comply with C.R.S. 38-33.3-106.5 as presently enacted or subsequently amended. Said statute currently provides tljaf an association shall not prohibit any of the following: / r' i 1. The display of the Americarrtl?g by a unit owner on that unit owner's property, in a window of the imit,pwnef s residence, or on a balcony adjoining the unit owner's property if the American flag is displayed in a manner consistent with the federal flag code,P.L. 94-344; 90 stat. 810;4 U.S.C.4 to 10. The association rules may regulate the location and size of flags and flagpoles,but shall not prohibit the installation of a flag or flagpole. 2. The display by a unit owner of a service flag bearing a star denoting the service of the unit owner or a member of the unit owner's immediate family in the active or reserve military service of the United States during a time of war or armed conflict, on the inside of a window or door of the unit owner's residence. The Association may adopt reasonable rules regarding size and manner of display of service flags; except that the maximum dimensions allowed shall be not less than nine inches by sixteen inches 3. The display of a political sign by a unit owner on that unit owner's property or in a window of the unit owner's residence; except that an association may prohibit the display of political signs earlier than forty-five days before the day of an election and later than seven days after an election day. An association may regulate the size and number of political signs that may be placed on a unit owner's property if the association's regulation is no more restrictive than any applicable city, town, or county ordinance that regulates the size and number of political signs on residential property. If the city, town, or county in which the property is located does not regulate the size and number of political signs on residential property, the association shall permit at least one political sign per political office or ballot issue that is contested in a pending election, with the maximum dimensions of thirty-six inches by forty-eight inches, on a unit owner's property. As used in this paragraph, "political sign" means a sign that carries a message intended to influence the outcome of an election, including 32 supporting or opposing the election of a candidate, the recall of a public official, or the passage of a ballot issue. 4. The parking of a motor vehicle by a unit owner on a street, driveway, or guest parking area in the common interest community if the vehicle is required to be available at designated periods at the unit owner's residence as a condition of the unit owner's employment and all of the following criteria are met: (i) the vehicle has a gross vehicle weight rating of ten thousand/pounds or less; (ii)the unit owner is a bona fide member of a volunteer' ire department or is employed by an emergency service provider, agefined in C.R.S. 29-11-101(1.6); (iii) the vehicle bears an official emblep'i Or other visible designation of the emergency service provider; and (iv)'parking of the vehicle can be accomplished without obstructing emergency access or interfering with the reasonable needs of other unit owners to use streets and driveways within the common interest community. 11.11. Waivers; No Precedent. The approval or consent of the Architectural Review Committee or any representative thereof, or of the Board of Directors, 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, or by the Board of Directors, 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. ARTICLE 12 - MORTGAGEE'S RIGHTS The following provisions are for the benefit of holders, insurers, or guarantors of First Mortgages on Units. To the extent permitted under Colorado law and applicable, necessary or proper, the provisions of this Article apply to this Declaration and also to the Articles, Bylaws, and Rules and Regulations of the Association. 12.1. Distribution ofInsurance or Condemnation Proceeds. In the event of a distribution of insurance proceeds or condemnation awards allocable among the Units for losses to, or taking of, all or part of the Common Elements, neither the Owner nor any other person shall take priority in receiving the distribution over the right of any Mortgagee who is a beneficiary of a First Mortgage against the Unit. 12.2. Right to Pay Taxes and Charges. Mortgagees who hold First Mortgages against Units may jointly or singularly,pay taxes or other charges which are in default and which may or have become a charge against any Common Elements,and may pay overdue premiums on hazard insurance policies, or secure new hazard insurance coverage on the lapse of a policy for such Common 33 Elements, and Mortgagees making such payments shall be owed immediate reimbursement therefor from the Association. 12.3. Audited Financial Statement. Upon written request from any Agency or Mortgagee which has an interest or prospective interest in any Unit or the Project, the Association shall prepare and furnish within ninety (90) days an audited financial statement of the Association for the immediately preceding fiscal year, at the expense of such Mortgagee or Agency. 12.4. Notice of Action. Any First Mortgagee and any Agency which holds, insures, or guarantees a First Mortgage, upon written regjest to the Association (which shall include the Agency's name and address and the Unit number;will b'e entitled to timely written notice of: G'a a. Any proposed termination of the common interest community; b. Any condemnation loss or any casualty loss which affects a material portion of the Project or which affects any Unit on which there is a First Mortgage held, insured, or guaranteed by such Agency; c. Any delinquency in the payment of Assessments owed by an Owner subject to the Mortgage where such delinquency has continued for a period of sixty (60) days; d. Any lapse, cancellation, or material modification of any insurance policy maintained by the Association pursuant to this Declaration. 12.5. Action by Mortgagee. If this Declaration or any Association Documents require the approval of Mortgagees, then if any Mortgagee fails to respond to any written proposal for such approval within thirty(30) days after such Mortgagee is given proper notice of the proposal(or such longer time as may be set forth in the notice), such Mortgagee shall be deemed to have approved such proposal provided that the notice was delivered to the Mortgagee by certified or registered mail, return receipt requested. ARTICLE 13 - DURATION OF COVENANTS AND AMENDMENT 13.1. Term. The covenants and restrictions of this Declaration shall run with and bind the land in perpetuity. 13.2. Amendment. Except in cases of amendments that may be executed by the Declarant or the Association under the Act, this Declaration, or any provision of it, may be amended only by vote or agreement of Owners holding not less than sixty-seven percent (67%) of the votes possible to be cast under this Declaration. The covenants contained in this Declaration requiring maintenance 34 of the private street and irrigation system shall not be modified or terminated without the consent of the Weld County Board of County Commissioners. 13.3. Declarant Rights. To the extent permitted under the Act, provisions in this Declaration reserving or creating Special Declarant Rights may not be amended without the consent of Declarant. 13.4. Execution of Amendments. Any amendment must be executed by the President of the Association and recorded, and approval of such amendment may be shown by including within or attaching a certificate of the Secretary of the Association to the recorded instrument certifying the approval of a sufficient number of Owners Of thp';alnendment. Notwithstanding the foregoing, Declarant, acting alone, reserves to itself the right and po).'er to modify and amend this Declaration and the Nat to the fullest extent permitted under the Act,and:this Declaration. 13.5. Revocation. This Declaration will not be revoked nor shall the common interest community created hereby be terminated(except as provided above regarding total destruction and/or total condemnation),without the consent of the Owners to which at least seventy-five percent(75%) of the votes in the Association are allocated evidenced by a written instrument duly recorded with the Clerk and Recorder. ARTICLE 14 - WELD COUNTY'S RIGHT TO FARM 14.1. Rural Weld County. Weld County is one of the most productive agricultural counties in the United States, ranking fifth (5th) in total market value of agricultural products sold. 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 and accept there are drawbacks, including conflicts with longstanding agricultural practices and a lower level of services than in town. Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural area: open views, spaciousness, wildlife, lack of city noise and congestion, and the rural atmosphere and way of life. Without neighboring farms, those features which attract urban dwellers to rural Weld County would quickly be gone forever. 14.2. Agricultural Uses. 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; slow-moving farm vehicles on rural roads;dust from animal pens,field work,harvest and gravel roads; odor from animal confinement, silage and manure; smoke from ditch burning;flies and mosquitoes; and 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. Section 35-3.5-102, Colorado Revised Statutes, provides that an agricultural operation shall not be found to 35 be a public or private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that are commonly or reasonably associated with agricultural production. 14.3. Rural Services. Weld County covers a land area of over four thousand(4,000)square miles in size(twice the size of the State of Delaware)with more than three thousand seven hundred (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 they are bladed,will not provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads from subdivisions to arterials may not be cleared for several days after a major snowstorm. Snow remp` 1 for roads within subdivisions are of the lowest priority for public works or may be the private rIsPgi{sibility of the homeowners. Services in rural areas, in many cases,will not be equivalent to municipal services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers. 14.4. Parental Supervision. Children are exposed to different hazards in the County than in an urban or suburban setting. Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center pivot operations, high speed traffic, sand burs, puncture vines, territorial farm dogs and livestock present real threats to children. Controlling children's activities is important, not only for their safety, but also for the protection of the farmer's livelihood. Parents are responsible for their children. ARTICLE 15 - GENERAL PROVISIONS 15.1. Restriction on Declarant Powers. Notwithstanding anything to the contrary herein, no rights or powers reserved to Declarant hereunder shall exceed the time limitations or permissible extent of such rights or powers as restricted under the Act. Any provision in this Declaration in conflict with the requirements of the Act shall not be deemed to invalidate such provision as a whole but shall be adjusted as is necessary to comply with the Act. 15.2. Enforcement. Except as otherwise provided in this Declaration,the Executive Board, Declarant, Architectural Review Committee, or any Owner shall have the right to enforce, by a proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens, and charges now or hereafter imposed by the provisions of this Declaration. Failure by the Executive Board of the Association, Declarant, Architectural Review Committee, or by any Owner to enforce any restriction, condition, covenant, reservation, lien, or charge now or hereafter imposed by the provisions of this Declaration shall in no event be deemed a waiver of the right to do so thereafter. Enforcement shall be pursuant to C.R.S. 38-33.3-123,as presently enacted or subsequently amended, which provides as follows: 36 15.2.1 If any unit owner fails to timely pay assessments or any money or sums due to the association, the association may require reimbursement for collection costs and reasonable attorney fees and costs incurred as a result of such failure without the necessity of commencing a legal proceeding. For any failure to comply with the provisions of this article or any provision of the declaration, bylaws, articles, or rules and regulations, other than the payment of assessments or any money or sums due to the association, the association, any unit owner, or any class of unit owners adversely affected by the failure to comply may seek reimbursement for collection costs and reasonable attorney fees TO costs incurred as a result of such failure to comply, without the necesstty otcomtnencing a legal proceeding. For each claim or defense, including but not hilted to counterclaims, cross- claims, and third-party claims,and except as otherwise provided in this section 15.2.1, in any legal proceeding to enforce or defend the provisions of this article or of the declaration, bylaws, articles, or rules and regulations, 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. Notwithstanding the previous paragraph, in connection with any claim in which a unit owner is alleged to have violated a provision of this article or of the declaration, bylaws, articles, or rules and regulations of the association and in which the court finds that the unit owner prevailed because the unit owner did not commit the alleged violation: (i)the court shall award the unit owner reasonable attorney fees and costs incurred in asserting or defending the claim; and (ii) the court shall not award costs or attorney fees to the association. In addition,the association shall be precluded from allocating to the unit owner's account with the association any of the association's costs or attorney fees incurred in asserting or defending the claim. A unit owner shall not be deemed to have confessed judgment to attorney fees or collection costs. 15.2.2 Notwithstanding any law to the contrary, no action shall be commenced or maintained to enforce the terms of any building restriction contained in the provisions of the declaration, bylaws, articles, or rules and regulations or to compel the removal of any building or improvement because of the violation of the terms of any such building restriction unless the action is commenced within one year from the date from which the person commencing the action knew or in the exercise of reasonable diligence should have known of the violation for which the action is sought to be brought or maintained. 37 15.3 Alternative Dispute Resolution. As set forth in C.R.S. 38-33.3-124, the cost, complexity, and delay inherent in court proceedings make litigation a particularly inefficient means of resolving neighborhood disputes. The Association may adopt protocols that make use of mediation or arbitration as alternatives to, or preconditions upon, the filing of a complaint between a unit owner and association in situations that do not involve an imminent threat to the peace, health, or safety of the community. Any controversy between an association and a unit owner arising out of the provisions of this article maybe submitted to mediation by either party to the controversy prior to the commencement of any legal proceeding. The mediation agreement, if one is reached, may be presented to the court as a stipulation. Either party to the mediation may terminate the mediation process without prejudice. If either party subsequently violates the stipulation, the other party may apply immediately to the court for relief. The'dcclaration, bylaws, or rules of the association may specify situations in which disputes shall be re blbed by binding arbitration under the "Uniform Arbitration Act", part 2 of article 22 of title 13,.C.TLS? 15.4. Registration of Mailing Address. Each Owner and each security interest holder, insurer, or guarantor of a security interest, shall register their mailing address with the Association. All notices, demands, or other notices intended to be served upon the Board of Directors or the Association during the period of Declarant control shall be sent by registered or certified mail, postage prepaid, c/o Trinity Properties, L.P., 1601 Pelican Lakes Point#201-B,Windsor, Colorado 80550, unless such address is changed by the Association during the period of Declarant control. Subsequent to the termination of the period of Declarant control, the Association shall notify the Owners of a different address for notices. 15.5. Limitation on Liability. The Association,Board of Directors, Architectural Review Committee, Declarant, and any member, agent, or employee of any of the same, shall not be liable to any person for actions taken or omissions made in the performance of their duties except for wanton and willful acts or omissions. 15.6. No Representations or Warranties. No representations or warranties of any kind, express or implied, shall be deemed to have been given or made by the Declarant or its agents and employees, in connection with any portion of the community, or any Improvement, or their physical condition, zoning, compliance with applicable laws, fitness for intended use, 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. 15.7. Disclaimer Regarding Safety. DECLARANT AND THE ASSOCIATION 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 AND THE ASSOCIATION 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. EACH 38 OWNER ASSUMES FULL RESPONSIBILITY FOR THE SAFETY OF FAMILY, FRIENDS, GUESTS, AND PETS AND AGREES TO INDEMNIFY AND HOLD HARMLESS THE DECLARANT AND THE ASSOCIATION FROM ANY CLAIMS RELATED TO SAFETY OR PROPERTY DAMAGE ISSUES OF ANY KIND. 15.8. Severability. Invalidation of any one of these covenants or restrictions by judgment or court order shall in no way affect any other provisions which shall remain in full force and effect. 15.9. Conflicts Between Documents. In case of conflict between this Declaration and the Articles and the Bylaws of the Association,t j$5Declaration shall control. In case of conflict between the Articles and the Bylaws, the Articles slIacgpyol. 15.10. Conflict With Act. In the event that'any of'he terms or provisions of this Declaration are in conflict or inconsistent with the Act, the terms 6i provisions of the Act 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 the Act, and any conflict with or violation of the Act by any terms or provisions of this Declaration shall not affect, void, or render unenforceable any other term or provision of this Declaration(which shall be in full force and effect in accordance with their terms). DECLARANT: TRINITY PROPERTIES,L.P. By: Debbie Tannehill, STATE OF COLORADO ) ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me on the day of , 2005 by Debbie Tannehill, of Trinity Properties, L.P.. WITNESS my Hand and Official Seal. My commission expires: Notary Public 39 EXHIBIT A TO DECLARATION OF COVENANTS,CONDITIONS AND RESTRICTIONS FOR DEER MEADOWS LEGAL DESCRIPTION OF PROPERTY SUBJECT TO THIS DECLARATION A portion of Section 7, Township 6 North,Range 63 West of the 6th P.M., County of Weld, State of Colorado /// <-1 n n ill 40 EXHIBIT B TO DECLARATION OF COVENANTS,CONDITIONS AND RESTRICTIONS FOR DEER MEADOWS MINIMUM ARCHITECTURAL DESIGN STANDARDS Section 1. Minimum Square Footage. The ground floor finished area of any residence, exclusive of open porches, patios and vehicle garages, shall not be less than fifteen hundred (1,500) square feet for a one-story residence. Section 2. No Modular BuildingA No modular structures will be permitted. 'e; i� r Section 3. Accessory Buildings • „racsory buildings shall be subject to Architectural Review Committee approval as setbtlytl,the Declaration. The maximum size of the buildings may not exceed the maximum size penditied by,Weld County, Colorado. i Th 41 n C EXHIBIT C TO fl DECLARATION OF COVENANTS,CONDITIONS AND RESTRICTIONS FOR DEER MEADOWS LIEN HOLDER'S CONSENT The lienholder of record, , states that it has reviewed the terms and conditions of the Declaration of Covenants, Conditions and Restrictions for Deer Meadows and the Plat of the Property and expressly consents to said Declaration. 6'/ /') /) / By: State of Colorado ) ) ss County of Weld ) The foregoing instrument was acknowledged before me this day of 2005, by , as of Witness my Hand and Official Seal. My commission expires: Notary Public S:\Wp80\A\Trinity Properties\Deer Meadows covenants\Covenants\Covenants draft 111805.wpd 42 f n Security Title Guaranty Co. 7791 Highland Meadows Pkwy#A Windsor,CO 80528 Phone: (970)266-9870 Fax: (970)266-9879 Thank you for giving us the opportunity to provide your closing and settlement services DELIVERY TRANSMITTAL DATE: December 19,2005 FILE NO.: 50100219,Amend.No. I PROP. ADDR.: Vacant,Greeley,CO 80631 OWNER/BUYER: Trinity Properties,L.P./Trinity Properties,L.P. Below is a list of clients to whom the attached materials have been delivered. Should you have any questions regarding these materials,please contact Security Title Guaranty Co. at the above phone number. Please review the attached materials carefully. Schedule A: Amended Legal Description Please Deliver To The Customers Listed Below: TO: Bill and Debbie Tannehill ATTN: P.O.Box 393 PHONE: Windsor,CO 80550 FAX: E-MAIL: DELIVERY: MAIL ❑If checked,supporting documentation enclosed NO.OF COPIES: 1 TO: Todd Hodges Design,LLC ATTN: Anne Johnson 1269 North Cleveland Avenue PHONE: Loveland,CO 80537 FAX: E-MAIL: toddhodgesdesign@earthlink.net DELIVERY: MAIL O If checked,supporting documentation enclosed NO.OF COPIES: 1 TO: Trinity Properties,L.P. ATTN: 1812 56th Avenue PHONE: Greeley,CO 80634 FAX: E-MAIL: DELIVERY: MAIL ❑ If checked,supporting documentation enclosed NO. OF COPIES: 1 TO: Otis, Coan& Stewart ATTN: G. Brent Coan 1812 56th Avenue PHONE: (970)330-6700 Greeley,CO 80634 FAX: (970)330-2969 E-MAIL: DELIVERY: DELIVER&FAX ❑If checked,supporting documentation enclosed NO. OF COPIES: 1 C.) 12/19/2005 1:19:23 jfid DCB `_ , 7 File No.: S0100219,Amend.No.1 STANDARD COMMITMENT FOR TITLE INSURANCE ISSUED BY Security Title Guaranty Co. AS AGENT FOR First American Title Insurance Company INFORMATION The Title Insurance Commitment is a legal contract between you and the company. It is issued to show the basis on which we will issue a Title Insurance Policy to you. The Policy will insure you against certain risks to the land title, subject to the limitations shown in the Policy. The Company will give you a sample of the Policy form,if you ask. The Commitment is based on the land title as of the Commitment Date.Any changes in the land title or the transaction may affect the Commitment and the Policy. The Commitment is subject to its Requirements,Exceptions and Conditions. THIS INFORMATION IS NOT PART OF THE TITLE INSURANCE COMMITMENT. YOU SHOULD READ THE COMMITMENT VERY CAREFULLY. IF YOU HAVE ANY QUESTIONS ABOUT THE COMMITMENT PLEASE CONTACT THE ISSUING OFFICE. AGREEMENT TO ISSUE POLICY First American Tide Insurance Company, referred to in this commitment as the Company, through its agent Security Title Guaranty Co.,referred to in this Agreement as the Agent, agrees to issue a policy to you according to the terms of this commitment. When we show the policy amount and your name as the proposed insured in Schedule A, this commitment becomes effective as of the Commitment Date shown in Schedule A. If the Requirements shown in the Commitment have not been met within six months after the Commitment date, our obligation under this Commitment will end. Also our obligation under this Commitment will end when the Policy is issued and then our obligation to you will be under the Policy. Our obligation under this Commitment is limited by the following: The Provisions in Schedule A. The Requirements in Schedule B-1. The Exceptions in Schedule B-2. The Disclosures and Conditions contained in this Commitment. This Commitment is not valid without SCHEDULE A and Sections 1 and 2 of SCHEDULE B attached. Or) 12/19/2005 1:19:23 jhd DCB File No.: 50100219,Amend.No.I r CONDITIONS DEFINITIONS (a) "Mortgage"means mortgage,deed of trust or other security instrument. (b) "Public Records"means title records that give constructive notice of matters affecting the title according b state law where the land is located. (c) "Land" means the land or condominium unit described in Schedule A and any improvements on the land which are real property. 2. LATER DEFECTS The Exceptions in Schedule B—Section 2 may be amended to show any defects,liens or encumbrances that appear for the first time in public records or are created or attached between the Commitment Date and the date on which all of the Requirements of Schedule B— Section 1 are met.We shall have no liability to you because of this amendment. 3. EXISTING DEFECTS If any defects, liens or encumbrances existing at Commitment Date are not shown in Schedule B,we may amend Schedule B to show them.If we do amend Schedule B to show these defects,liens or encumbrances,we shall be liable to you according to Paragraph 4 below unless you knew of this information and did not tell us about it in writing. 4. LIMITATION OF OUR LIABILITY Our only obligation is to issue to you the Policy referred to in this Commitment,when you have met its Requirements.If we have any liability to you for any loss you incur because of an error in this Commitment our liability will be limited to your actual loss caused by your relying on this Commitment when you acted in good faith to: ▪ comply with the Requirements shown in Schedule B-Section 1 or ▪ eliminate with our written consent any Exceptions shown in Schedule B-Section 2. We shall not be liable for more than the Policy Amount shown in Schedule A of this Commitment and our liability is subject to the terms of the Policy form to be issued to you. 5. CLAIMS MUST BE BASED ON THIS COMMITMENT Any claim,whether or not based on negligence,which you may have against us concerning the title to the land must be based on this Commitment and is subject to its terms. t DISCLOSURES GAP PROTECTION When this Company conducts the closing and is responsible for recording or filing the legal documents resulting from the transaction, the Company shall be responsible for all matters which appear on the record prior to such time of recording or filing. MECHANIC'S LIEN PROTECTION If you area buyer of a single family residence you may request mechanic's lien coverage to be issued on your policy of insurance. If the property being purchased has not been the subject of construction,improvements or repair in the last six months prior to the date of this commitment,the requirements will be payment of the appropriate premium and the completion of an Affidavit and Indemnity by the seller. If the property being purchased was constructed,improved or repaired within six months prior to the date of this commitment, the requirements may involve disclosure of certain financial information,payment of premiums,and indemnity,among others. The general requirements stated above are subject to the revision and approval of the Company. SPECIAL TAXING DISTRICT NOTICE The subject land may be located in a special taxing district; a certificate of taxes due listing each taxing jurisdiction shall be obtained from the county treasurer or the county treasurer's authorized agent;and information regarding special districts and the boundaries of such districts may be obtained from the board of county commissioners,the county clerk and recorder,or the county assessor. PRIVACY PROMISE FOR CUSTOMERS We will not reveal nonpublic personal information to any external non-affiliated organization unless we have been authorized by the • customer,or are required by law. CONSUMER DECLARATION STATEMENT This Commitment for Title Insurance may include a Schedule B exception reference to recorded evidence that a mineral estate has been severed,leased,or otherwise conveyed from the surface estate. If such reference is made,there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals or geothermal energy in the property. The referenced mineral estate may include the right to enter and use the property without the surface estate owner's permission.You may be able to obtain title insurance coverage regarding any such referenced mineral estate severance and its affect upon your ownership. Ask your title company representative for assistance with this issue. l • Security Title Guaranty Co. C n 7791 Highland Meadows Pkwy#A Windsor,CO 80528 Phone: (970)266-9870 Fax: (970)266-9879 COMMITMENT SCHEDULE A Commitment No: 50100219,Amend.No. 1 1. Commitment Date: November 7,2005 at 8:00 a.m. 2. Policy or Policies to be issued: Proposed Insured: Policy Amount (a)Owner's Policy $ TO COME Trinity Properties,L.P.TBD 3. Fee Simple interest in the land described in this Commitment is owned,at the Commitment Date by: i ' Trinity Properties,L.P. 4. The land referred to in this Commitment is described as follows: See Exhibit A attached hereto and made a part hereof. (for informational purposes only) Vacant, Greeley,CO 80631 PREMIUM: TBD Commitment $ 314.00 12/19/2005 1:19:24 jhd DCB l 12/19/2005 1:19:23 jhd DCB /s1 / et) File No.: S0100219,Amend.No.1 (1.8) Exhibit A A tract of land located in Section 7,Township 6 North,Range 63 West of the 6s'P.M., County of Weld, State of Colorado,being more particularly described as follows: Beginning at the South Quarter corner of said Section 7 and considering the South line of said Section 7 to bear South 89°59'56"West and with all other bearings contained herein being relative thereto; Thence South 89°59'56"West, 355.56 feet along said South line to the Southeast corner of Lot A of AMRE 912 recorded May 21,2001 as Reception No. 2850069; Thence North 02°10'31"East, 1414.49 feet along the East boundary of said Lot A and Lot B of AMRE 912; Thence North 52°07'42"West,465.31 feet along the Northeasterly boundary of said Lot B to a point on the South right-of-way line of the Greeley Ditch No. 2/North side lateral extension ditch, said point lying 50.00 feet Southerly and Easterly from the centerline of said ditch as measured at right angles thereto; Thence along the South right-of-way line by the following 43 courses: 1)North 06°48'11"West, 560.53 feet; 2)North 85°04'49"East, 114.27 feet; 3) South 85°04'17"East, 118.13 feet; 4)North 66°48'05"East, 100.66 feet; 5)North 37°35'21"East,92.54 feet; 6)North 21°53'02"East, 155.97 feet; 7)North 04°06'12"East, 151.94 feet; ^ ' 8)North 30°59'34"West,250.19 feet; 9)North 20°03'50"West, 160.19 feet; 10)North 11°59'19"West, 111.02 feet; 11)North 09°40'28"West, 539.00 feet; 12)North 16°32'40"East, 507.27 feet; 13)North 37°18'02"East,71.23 feet; 14)North 68°15'06"East,459.76 feet; 15) South 78°30'06"East,49.45 feet; 16) South 54°26'51"East, 162.79 feet; 17) South 86°05'50"East, 186.73 feet; 18) South 32°35'31"East, 152.59 feet; 19) South 69°01'59"East, 153.91 feet; 20)North 74°00'35"East, 132.61 feet; 21)North 30°50'26"East, 112.63 feet; 22)North 01°02'26"West, 179.78 feet; 23)North 83°07'22"East, 170.44 feet; 24)North 35°23'55"East, 116.24 feet; 25)North 06°25'24"West,377.48 feet; 26)North 10°52'18"East, 134.11 feet; 27)North 39°55'56"East,98.05 feet; 28)South 83°58'01"East, 121.19 feet; 29) South 46°35'51"East,261.14 feet; 30) South 87°30'52"East, 173.07 feet; 31)North 37°26'41"East, 190.86 feet; 32)North 69°24'25"East,58.83 feet; 33) South 71°15'41"East,93.86 feet; 34) South 30°22'43"East,75.16 feet; 12/19/2005 1:19:23 jhd DCB t ` File No.: 50100219,Amend.No.1 ^ 35)South 19°35'39"East,326.80 feet; 36)South 07°46'49"East, 155.89 feet; 37)South 17°35'21"West,351.65 feet; 38)South 13°59'32"East,228.42 feet; 39) South 27°42'31"East,305.14 feet; 40) South 30°38'20"East,689.28 feet; 41) South 21°10'00"East,238.27 feet; 42) South 26°27'04"East, 153.97 feet; 43) South 34°31'25"East, 134.71 feet to a point on the East line of the Southeast'/,of said Section 7, said point lying South 00°48'02"West, 39.68 feet from the East Quarter Corner of said Section 7; Thence South 00°48'02"West,2616.40 feet along the East line of said Southeast 1/4 to the Southeast corner of said Section 7; Thence South 89°59'56"West,2637.16 feet along the South line of said Southeast''/.to the South Quarter Corner and the Point of Beginning; County of Weld, State of Colorado. t 12/19/2005 1:19:23 jhd DCB File No.: 80100219,Amend.No.1 Form No. 1344-BI (CO-88) ALTA Plain Language Commitment C SCHEDULE B-Section 1 Requirements The following requirements must be met: a. Pay the agreed amounts for the interest in the land and/or for the mortgage to be insured. b. Pay us the premiums, fees and charges for the policy. c. Obtain a certificate of taxes due from the county treasurer or the county treasurer's authorized agent. d. Provide us the "Affidavit and Indemnity" signed by the parties listed in Paragraph 3, Schedule A of this "Commitment and notarized. e. The following documents satisfactory to us must be signed, delivered and recorded: f. This Commitment is subject to such further Exceptions and/or Requirements as may appear necessary when the name of the(Proposed Insured, Schedule A,Item 2A)has been disclosed. 1. Correction Deed from Rocky D. Tannehill and Mid Coast Development, Inc., a Colorado Corporation to Trinity Properties,L.P. This requirement is necessary because Quit Claim Deed recorded August 9, 2002 at Reception No. 2976729 contains the following errors: a. An incomplete acknowledgement. b. Lack of Corporate Seal for Mid Coast Developments c. Lack of proper Colorado Conveyance language. 2. Certified copy of the Certificate of Limited Partnership for Trinity Properties, L.P., a Limited Partnership, issued by the proper officer of the State of California, or a Certificate of Registration to transact business within the State of Colorado, issued by the Secretary of Colorado regarding such limited partnership. 3. Certificate of Authority to transact business in Colorado of Mid Coast Development, Inc., a California corporation, issued by the Secretary of State of Colorado, or a certified copy thereof. NOTE: IF THE SALES PRICE OF THE SUBJECT PROPERTY EXCEEDS $100,000.00 THE SELLER SHALL BE REQUIRED TO COMPLY WITH THE DISCLOSURE OR WITHHOLDING PROVISIONS OF ^ C.R.S. 39-22-604.5 (NONRESIDENT WITHHOLDING). 12/19/2005 1:19:23 jhd DCB File No.: S0100219,Amend.No.I Form No. 1344-B2(CO-88) ALTA Plain Language Commitment SCHEDULE B-Section 2 Exceptions Any policy we issue will have the following exceptions unless they are taken care of to our satisfaction: 1. Taxes and Assessments not certified to the Treasurer's Office. 2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or by making inquiry of persons in possession thereof. 3. Easements,or claims of easements,not shown by public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the land would disclose,and which are not shown by the public records. 5. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 6. Any and all unpaid taxes, assessments and unredeemed tax sales. 7. Rights of way for county roads 30 feet wide on each side of section and township lines, as established by the Order of the Board of County Commissioners for Weld County, recorded October 14, 1889 in Book i 86 at Page 273. 8. Right of way for said railway in width and in manner as provided by the acts of Congress in relation thereto, as reserved by the Union Pacific Railroad Company in the Deed recorded June 13, 1914, in Book 270 at Page 538,in which the specific location is not defined. 9. March Reservoir and Ditch, and any and all rights of way therefore as evidenced by Map and Statement filed March 24, 1906,as Reception No. 109320,in which the specific location is not defined. 10. Extension Ditch and Reservoir, and any and all rights of way therefore as evidenced by Map and Statement filed October 3, 1906,as Reception No. 113391, in which the specific location is not defined. 11. The North Side Reservoir Company's Reservoir No. 1, and any and all rights of way therefore, as evidenced by Map and Statement filed March 17, 1909 as Reception No. 138983, in which the specific located is not defined. 12. Reservations by the Union Pacific Railroad Company of(1) oil, coal and other minerals underlying the land, (2) the exclusive right to prospect for, mine and remove oil, coal and other minerals, and (3) the right of ingress and egress and regress to prospect for,mine and remove oil, coal and other minerals, all as contained in Deed recorded June 3, 1914, Book 270 at Page 538, and any and all assignments thereof or interests therein. 13. Matters as shown on Land Survey Plat recorded June 5, 2002 as Reception No. 2958571. t • 12/19/2005 1:19:23 jhd DCB ` File No.: 80100219,Amend.No.1 Form No. 1344-B2(CO-88) ALTA Plain Language Commitment SCHEDULE B-Section 2 Exceptions(Continued) 14. Deed of Trust from Rocky D. Tannebill and Mid-Coast Development, Inc., a California Corporation, to the Public Trustee of Weld County, for the benefit of John D. Christiansen as Personal Representative of the Estate of James E. Christiansen, securing an original principal indebtedness of$190,000.00, and any other amounts and/or obligations dated June 13, 2002,recorded June 21, 2002 as Reception No. 2963188. Assignment of above Deed of Trust to The Double Arrow Ranch Trust recorded March 21, 2003 at Reception No. 3043727.. 15. Request For Notification of Surface Development by RME Petroleum Company recorded May 28, 2002 at Reception No. 2955038. • 16. An Oil and Gas Lease, from Andarko E & P Company LP as Lessor(s)to United States Exploration, Inc. as Lessee(s) dated October 15, 2004, recorded December 13, 2004 at Reception No. 3243320, and any and all assignments thereof or interests therein. • 17. An easement for pipeline and incidental purposes granted to Duke Energy Field Services by the instrument recorded July 12, 2005 at Reception No. 3302490. 18. Unrecorded Oil and Gas Leases executed in 2005 by and between Trinity Properties, L.P. and Petroleum ^ Development Corporation as indicated by the Colorado Oil and Gas Commission. E ? f 0 n n Drainage Design Considerations for Deer Meadows P.U.D. aWeld County, Colorado Change of Zone Submittal November 21, 2005 El aPrepared for: Trinity Properties, LP a 356 Foxenwood Drive Santa Maria, Califomia 93455 Prepared by: Wohnrade Civil Engineers, Inc. 337 W.Main Street Barrington, Illinois 60010 Phone:(847)381-2745, Fax: (847)381-2746 r Project Number:0502.00 WI i El �-. Wohnrade Civil Engineers, Inc. November 21, 2005 E Weld County Department of Planning Services 1555 N. 17"'Avenue Greeley, Colorado 80631 Re: Drainage Design Considerations for Deer Meadows P.U.D. Weld County, Colorado Change of Zone Application Dear Staff: Wohnrade Civil Engineers, Inc. is pleased to submit this drainage study for Deer ra Meadows P.U.D. for your review. This report complies with the storm drainage design and technical criteria defined in Section 24-7-130 of the Weld County Code. 7 We acknowledge that review of this study by Weld County is for general conformance with submittal requirements, current design criteria and standard engineering principles and practices. If you should have any questions or comments as you review this report, please feel nn free to contact me at your convenience. Sincerely, �? WOHNRADE CIVIL ENGINEERS, INC. Reviewed By: A,171r.rth 11 1 30325e Melissa L. Chalona, P.E. Mary B. Wohn _!• M� d_J Illinois Office: Colorado Oflbe: 337 W.Maki Street 1269 N.Cleveland Avenue ( Barrington,Illinois 60010 Loveland,Colorado 80538 Phone:847-381-2745 888-381-2745 Fax 847381-2748 n TABLE OF CONTENTS C VICINITY MAP Page No. I INTRODUCTION 1.1 Objective 1 1.2 Project History and Previous Studies 1 1.3 Mapping and Surveying 1 L i II SITE LOCATION AND DESCRIPTION 2.1 Site Location 1 2.2 Site Description 1 III HISTORIC CONDITIONS 3.1 Historic Drainage Patterns 2 3.2 Historic Drainage Basins 2 IV DEVELOPED CONDITIONS 4.1 Proposed Site Development 3 4.2 Developed Drainage Basins 4 4.3 Developed Drainage Patterns 4 4.4 Detention Pond 1 5 r f V DESIGN CRITERIA 5.1 Design References 6 5.2 Hydrologic Criteria 6 [ VI EROSION CONTROL 6.1 Erosion Control Plan 6 VII CONCLUSIONS 7.1 Compliance with Standards 7 7.2 Variances 7 ri REFERENCES 8 EXHIBITS Exhibit 1 Flood Insurance Rate Map (FIRM) Exhibit 2 Offsite Basins Exhibit 3 Typical Section - Local Streets APPENDICES Appendix A: Historic Condition Hydrology Appendix B: Developed Condition Hydrology PLANS Sheet 1/2 Historic Condition Drainage Plan Sheet 212 Developed Condition Drainage Plan r aVicinity Map for Deer Meadows P.U.D. 104°30.000'W 104°29.000'W 104°28.000' W WGSD4104°27.000' W ion z o '• I I \ oi o a 1 ° 3 'El , 1144'-� ..� ',, •.i — ,i t ae I, r .0. ti n 0 ) % 5 i JJ > n _, . 1 ir•ri , , .w es o n (11,71 to g 4� '��ao n..,8 N g 12 -1�,\ s > "`} ITmM Prosodies 17 Lot P U D I 4 � h t 'i ' c a v vJ _, � . � �. 13 13 .., 18 1� .wr . 16 z a C., 't 1 �F# -� z n g • =rte. .� o �, w t • r; ; 1 O \ .Aw" 14t. \ 24 ,' 6 q 20 .wr-_ . 'o° 21 104°30.000'W 104°79.000'W 104°28:000' W wcs84104°27.000' W TN s 1 Ft! iirmalaerar q ar Wil a4tas aMap ended.lk1 OIO 02002 Naticedospphic(www e'zonthopo) — Drainage Design Considerations for Deer Meadows P.U.D. Weld County, Colorado Change of Zone Application November 21, 2005 1. INTRODUCTION 1.1 Objective This study documents the results of a comprehensive hydrologic and hydraulic analysis of both pre and post-development conditions for the proposed Deer Meadows P.U.D. development. The existing site is within an Agricultural Zone District in Weld County. The intent of the P.U.D. application process is to allow a zoning change from agricultural to a P.U.D. Estate, Agricultural and Open Space District, and will be processed by the County thru the specific development guide submittal. 1.2 Project History and Previous Studies One previous study is know to exist for this site. The study is entitled Drainage Design Considerations for Deer Meadows P.U.D., Weld County. Colorado, Sketch Plan Submittal, by Wohnrade Civil Engineers, Dated July 20, 2005. 1.3 Mapping and Surveying Field survey information and topographic mapping with a contour interval of 1- foot was obtained by Wohnrade Civil Engineers from Intermill Land Surveying, Inc., Loveland, Colorado. Additional topography outside of the project boundary was taken from USGS topographic mapping with a ten (10) foot contour interval. II SITE LOCATION AND DESCRIPTION 2.1 Site Location The site is located in the east half of Section 7, Township 6 North, Range 63 West of the 6th Principal Meridian, Weld County, Colorado. The site is bounded by Weld County Road 70 on the south, Weld County Road 63 right-of-way on the east, and the Greeley No. 2 Canal on the north (See Vicinity Map.) 2.2 Site Description The Deer Meadows P.U.D. site is approximately 303.7 acres, and consists of rolling topography and pasture land. The site is currently used for agricultural purposes, and includes existing oil/gas facilities with appurtenant access roads. The Greeley No. 2 Canal bounds the site on the north and east, and flows generally from west to east. There is a ditch access road located on the south side of the ditch. There are two existing residences located adjacent to the site. The first home is located west of the site, at the northwest corner of the County Road 70/County Road 61 % intersection, and the second residence is located directly south of Drainage Design Considerations Wohnrade Civil Engineers. Inc. Deer Meadows P.U.D.-Change of Zone Application November 21, 2005 • Page 2 County Road 70. Properties adjacent to the site on the north and east are currently undeveloped. Soil borings located throughout the site have revealed free groundwater at depths ranging from 1.3 feet to17.3 feet below existing grade (see Reference 2) Surface soils consisted of three (3) general soil groups; Aquolls and Aquepts, Valent sand and Vona sandy loam. The Flood Insurance Rate Map (FIRM) from the National Flood Insurance Program has been referenced to determine if the site is located within a regulatory floodplain. The area is located in Flood Map 080266 0525, a not- - printed area in Zone C (See Exhibit 1.) III. HISTORIC CONDITIONS 3.1 Historic Drainage Patterns The majority of the site (Basins H1-H3, 179.4 acres) drains overland generally from north to south at slopes ranging from 0.39% to 9.52% towards County Road 70. There were no visible culvert crossings under the road at discharge locations from the site. Stormwater runoff from the western portion of the site (39.0 acres), and the northeastern portion of the site (77.2 acres) drain to several ephemeral ponds where stormwater is retained on-site. Runoff from off-site Basin O1 (5512 acres) would appear to be detained inadvertently on the north side of the Greeley No. 2 Canal, based on visual observations of the topography by the design engineer. In our opinion, it is unlikely that stormwater runoff from Basin O1 will enter the project site. In addition to the apparent inadvertent detention, the Weld County Soil Survey indicates that much of the soils located within Basin O1 have a very high permeability rate, which will minimize the amount of runoff significantly. Stormwater runoff from offsite Basin O2 (7.1 acres) located to the east, enters the site at the southwest corner of the property. Runoff from this basin is conveyed to an existing ephemeral pond located in Basin 4. 3.2 Historic Drainage Basins The site is has been divided into eight (8) historic drainage basins. Basins H1- H3 drain to the south towards Weld County Road 70. Basins H4 - H6 drain to _ several ephemeral ponds where stormwater runoff is retained on-site. Basin H7 drains off-site to the east, and Basin H8 drains into the Greeley No. 2 Canal (See Sheet %). Basin H1 (15.7 acres) is located in the southwest corner of the site and drains overland from north to south towards Weld County Road 70. The 5 and 100- Drainage Design Considerations Wohnrade Civil Engineers. Inc. Deer Meadows P.U.D.-Change of Zone Application ' November 21, 2005 V. Page 3 year peak discharges from Basin H1 are 0.3 cfs and 12.1 cfs respectively. Basin H2 (157.0 acres) is located in the center of the site and drains overland generally from north to south towards Weld County Road 70. The 5 and 100- year peak discharges from Basin H2 are 1.6 cfs and 61.8 cfs respectively. Basin H3 (6.7 acres) is located in the southeast corner of the site and drains overland towards Weld County Road 70. The 5 and 100-year peak discharges from Basin H3 are 0.2 cfs and 6.3 cfs respectively Basin H4 (39.0 acres) is located along the west side of the property and drains — overland to several ephemeral ponds located within the basin. The 5 and 100- year peak discharges from Basin H4 are 0.7 cfs and 28.9 cfs respectively. Basin H5 (57.5 acres) is located in the northeast corner of the site and drains overland to several ephemeral ponds located within the basin. The 5 and 100- year peak discharges from Basin H5 are 1.1 cfs and 44.4 cfs respectively. Basin H6 (19.7 acres) is located on the east side of the site and drains overland to several ephemeral ponds located within the basin. The 5 and 100-year peak discharges from Basin H6 are 0.3 cfs and 13.4 cfs respectively. Basin H7 (4.7 acres) is located on the east side of the site and drains off-site to the east. The peak 5- and 100-year discharges at Design Point 7 are 0.1 and 3.8 cfs respectively. — Basin H8 (3.4 acres) is located on the north border of the site and drains off-site to the north undetained. The peak 5- and 100-year discharges at Design Point 8 are 0.1 and 3.4 cfs respectively. VI. DEVELOPED CONDITIONS 4.1 Proposed Site Development The proposed development of the site will consist of 17 single-family estate lots on 87.6 acres, two tracts of 0.6 and 0.2-acres, and two agricultural outlots totaling 202.6 acres. The proposed area of development is located in the middle and southern portions of the site, with access off of Weld County Road 70. A large portion (202.6 acres) of the site will remain in an agricultural conservation easement. Site improvements will include an internal road (Tannehill Trail) with a gravel surface (See Typical Section, Exhibit 3) which will be a through street with two _ access points onto Weld County Road 70. The drinking water source is proposed through Individual wells, and wastewater disposal will be handled using individual sewage disposal systems on each lot. Drainage Design Considerations Wohnrade Civil Engineers, Inc. Deer Meadows P.U.D. -Change of Zone November 21, 2005 Page 4 4.2 Developed Drainage Basins The 303.7 acre site has been divided into ten (10) developed basins. Developed runoff will generally mimic historic flow patterns. Runoff from roughly 170.0 acres (Basins 2,3 and 9) of the Deer Meadows P.U.D. site will be routed to an on-site detention pond (Pond 1) located in the southern portion of the site, adjacent to the Weld County Road 70 (See Sheet 2/2.) Runoff from roughly 15.1 acres (Basins 1 and 10) will drain towards Weld County Road 70 to a historic discharge location. Runoff from roughly 8.1 acres (Basins 7 and 8) will be released undetained to the east and north respectively at historic rates. Runoff from the remainder of the site (Basins 4-6, 110.4 acres) will follow historic flow paths to several on-site ephemeral ponds and be retained on-site. 4.3 Developed Drainage Patterns The overall drainage pattern of the site will remain generally unchanged from historic to developed conditions. Site grading will be done sympathetically, with a minimum amount of disturbance. Basin 1 (7.9 acres) will continue to drain overland toward the Weld County Road 70. Tract 2 and Lot 4 are located within this basin. The peak 10- and 100-year discharges at Design Point 1 are 1.4 and 5.8 cfs respectively. Basin 2 (92.0 acres) will drain overland and in roadside ditches to the south towards Detention Pond 1. This basin includes a conservation easement and proposed estate lots. The peak 10- and 100-year discharges at Design Point 2 are 8.0 and 45.9 cfs respectively. Basin 3 (14.6 acres) will drain overland and in roadside ditches south and west to Pond 1. Basin 3 includes estates Lots 11-13. The peak 10- and 100-year — discharges at Design Point 3 are 3.1 and 14.8 cfs respectively. Basin 4 (35.8 acres) will continue to drain overland towards several existing ephemeral ponds located within the basin. This basin includes Lots 2 and 3, and a portion of Outlot B. The peak 10- and 100-year discharges at Design Point 4 are 4.8 and 27.8 cfs respectively. Basin 5 (57.5 acres) will continue to drain overland towards existing ephemeral ponds located within the basin. The majority of this basin lies with a conservation easement, and will remain undisturbed. The peak 10- and 100- year discharges at Design Point 5 are 6.8 and 44.4 cfs respectively. Drainage Design Considerations Wohnrade Civil Engineers, Inc. Deer Meadows P.U.D. -Change of Zone November 21, 2005 Page 5 Basin 6 (17.1 acres) will drain overland and in a roadside ditch south towards an existing ephemeral pond located in Lot 15. Basin 6 includes Lots 14-16, and a portion of Outlot B. The peak 10- and 100-year discharges at Design Point 6 are 2.1 and 12.2 cfs respectively. Basin 7 (4.7 acres) will continue to drain off-site to the east undetained. The quantity, quality, and character of runoff will remain unchanged from historic to developed conditions. The peak 10- and 100-year discharges at Design Point 7 are 0.6 and 3.8 cfs respectively. Basin 8 (3.4 acres) will continue to drain off-site to the north undetained. The quantity, quality, and character of runoff will remain unchanged from historic to developed conditions. The peak 10- and 100-year discharges at Design Point 8 are 0.6 and 3.4 cfs respectively. Basin 9 (63.4 acres) will continue to drain overland to the south and in roadside ditches towards a proposed culvert located at the north end of Tannahill Trail, then continue to Pond 1. This basin includes a conservation easement and Lots 14-17. The peak 10- and 100-year discharges at Design Point 9 are 7.0 and 40.0 cfs respectively. Basin 10 (7.2 acres) will continue to drain overland to Weld County Road 70. Tract 1 and Lot 1 are located within this basin. The peak 10- and 100-year discharges at Design Point 10 are 1.4 and 6.4 cfs respectively. Basins 1 and 10 both flow towards Weld County Road 70 along the west portion of the site. They have a combined peak 10- and 100-year discharge of 2.8 and 12.2 cfs. Basins 2,3, and 9 all are routed to Pond 1 with a combined peak 10- and 100- - year discharges at Design Point 2 of 12.2 and 70.2 cfs. 4.4 Detention Pond 1 Detention Pond 1 is located in the southern portion of the site adjacent to the Weld County Road 70. This pond will serve as a detention facility for the developed portion of the Deer Meadows P.U.D. site. The 100-year peak discharge from the developed site will be released offsite to the south at the 5 year historic rate (Section 24-7-130 Storm Drainage Design and Criteria Manual). The 5-year historic rate is calculated to be 10.7 cfs. Drainage Design Considerations Wohnrade Civil Engineers, Inc. Deer Meadows P.U.D. -Change of Zone November 21, 2005 it Page 6 V. DESIGN CRITERIA 5.1 Design References Drainage criteria outlined in the Storm Drainage Criteria Manual by the Urban _ Drainage and Flood Control District (Reference 1), has been referenced in the preparation of this study. 5.2 Hydrologic Criteria Due to the relatively small onsite basin size the Rational Method has been used to estimate peak stormwater runoff from the project site. Calculations made as part of this investigation along with other supporting material, are contained in Appendix A. An initial 5-year and 10-year design storm and, major 100-year design storm has been used to evaluate the proposed drainage system as per Table 24.2, Chapter 24 of the Weld County Code. Rainfall intensity data for the Rational Method has been taken from IDF equations generated specifically for the Deer Meadows P.U.D. site by the computer program "Watershed Modeling" by Eagle Point software. Input of precipitation amounts for the generation of intensity equations — have been taken from the NOAA Atlas 2, Volume III-Colorado. VI. EROSION CONTROL 6.1 Erosion Control Plan According to comments received from the Colorado Division of Wildlife, the soil types located within the project site are fragile and highly susceptible to erosion. Every attempt will be made to minimize disturbance to the site, and retain the natural vegetative cover. The proposed rainfall erosion control plan during construction will consist of temporary structural erosion control measures. Silt fencing will be installed along the top of bank on the north side of County Road 70 to prevent sediment migration. Vehicle tracking control will be provided at the entrance to the site to prevent sediment transport from vehicles exiting the site. Sediment logs will also be placed in drainage ditches as a check dam to reduce the velocity of flow, and prevent sediment transport. Permanent sediment basins will be installed at appropriate locations per the Division of Wildlife recommendations. Permanent vegetative erosion control will be used in conjunction with landscaping surrounding future residences. Permanent revegetation of areas disturbed by construction will be the responsibility of the contractor. Permanent riprap will also be provided at the outlet of Pond 1, and at the outlet of proposed culverts Drainage Design Considerations Wohnrade Civil Engineers, Inc. Deer Meadows P.U.D. -Change of Zone .--. November 21, 2005 Page 7 • VII. CONCLUSIONS 7.1 Compliance with Standards All applicable drainage criteria have been complied with in accordance with the 'Weld County Code". This study conforms to the guidelines specified in Section 27-6-50, paragraph B, item 7, of the Weld County Code. 7.2 Variances No variances are requested as part of this development. Drainage Design Considerations Wohnrade Civil Engineers, Inc. Deer Meadows P.U.D. -Change of Zone November 21, 2005 Page 8 REFERENCES 1) Urban Storm Drainage Criteria Manual,. Urban Drainage and Flood Control District, Wright McLaughlin Engineers, Denver, Colorado, March, 1969. 2) Engineering Geology Report for a Proposed Subdivision, Part of Section _ 7, Township 6 North, Range 63 West of the 6th P.M., Weld County. Colorado, Terra Logics Consulting, LLC, May 23, 2005. 3) Drainage Design Considerations for Deer Meadows P.U.D., Weld County, Colorado. Sketch Plan Submittal, by Wohnrade Civil Engineers, Dated July 20, 2005. Exhibits E c r r r01112116113INIC 0 11812116037111Ceemaw0"C r tE reInewwx EJ a 11•1211111121C �Oq�Op�C f[rVIE_D J l 4 Igl MOO= Cam'Hwy 74 A' r r .' ., E f 1: OOO2NOOAOC 00tlN0O7OC OOO2M07OOC 0 Sot r c� t THE DEER 080266 0525 WHIC MEADOWSS NON-PRINTED AREA N ZONE SITE IS LOCATED ON FLOOD MAP C. [_ 'I r 2 DEER MEADOWS PUD c rDolt CHANGE OF ZONE APPLICATION WOHNRADE CIVIL ENGINEERS, INC. 1 "PM Shoot 337 V. Soot EXHIBIT 160010 ( 3 ..� FIRM MAP 0802660525 7 ' `M ' n~ \ ii" ,„„re- s.... _ 11 X23 �-, y� 21 t9 __ 20 _ , l i l -C.7:43/4.---:?* �� V �` \iv - r, IS , /,-,..1-?. {/f, \—vii, N_, - 1 �' 0 h r.�a i +�• �v 1.:..-` 0n, w 32 l� of } • , 1 : \ �' , v+ •, ' ' S E 4' J .. LL V ti \ 1 ! - a i i se „. is .• ,\ n 2 P -1 :3, p.,, , .,., 47.H,, as r +, 'r r '_p r \,..„ ._.2 7 1` DEER MEADOWS PUD N. t INONNRADE CIVIL ENGINEERS, ..7,05EXHIBIT 2 INC. int 337 W.ue Soot Phone(1347)361-2745.StyeOFF-SITE BASINS re= `� ' �'~ e 3 I n C n R.O.W. R.O.W. 60'-0" 1 30'-0" I 24'-0" 4' 4' SHOULDER SHOULDER 12'-0" 12'-0" -6'-0"---8'-0" 4:1 IMX 2% MIN. 2 M •1 `'t SWALES AS REQUIRED RAVEL SURFACE THICKNESS TO BE DETERMINED IN FINAL DESIGN) GRAVEL SHOULDER RAVEL BASE COARSE THICKNESS TO BE DETERMINED IN FINAL DESIGN) TYPICAL SECTION - LOCAL ROADWAY 24' GRAVEL SURFACE W/ 4' GRAVEL SHOULDERS NOT TO SCALE NOTE: ROAD SECTION TO BE DESIGNED BY SOILS ENGINEER AND APPROVED BY COUNTY ENGINEER PRIOR TO CONSTRUCTION (atm DEER MEADOWS P.U.D. CHANGE OF ZONE APPLICATION WOHNRADE CIVIL ENGINEERS, INC. 3 NA. EXHIT 3 scow phew: 047)311-2745.337 W. Main Street TYPICAL STREET SECTION 047)351-2744 3 Appendix A _ Historic Condition - 5 Year Composite Runoff Coefficient Calculations Character of Surface Runoff Project: Deer Meadows,PUD — Coefficient Streets:Paved Calculations By: M. Chalona 0.88 Date:November 21, 2005 Streets:Gravel 0.45 Drives and Walks 0.87 _. Roofs 0.85 Undeveloped Areas 0.01 Runoff Coefficients are taken from the Urban Drainage Design Criteria Manual, Table 3-1 Basin Basin Area of Area of Area of Area of Roofs Area of Weighted ID Area Streets: Streets: Concrete Undeveloped Runoff Paved Gravel Lawns,Sandy Soil Coefficient — (Acres) (Acres) (Acres) (Acres) (Acres) (Acres) H1 15.7 0.00 0.00 0.00 0.00 15.70 0.01 - H2 157.0 0.00 0.00 0.00 0.00 157.00 0.01 H3 6.7 0.00 0.00 0.00 0.00 6.70 0.01 H4 39.0 0.00 0.00 0.00 0.00 39.00 0.01 H5 57.5 0.00 0.00 0.00 0.00 57.50 0.01 H6 19.7 0.00 0.00 0.00 0.00 19.70 0.01 H7 4.7 0.00 0.00 0.00 0.00 4.70 0.01 H8 3.4 0.00 0.00 0.00 0.00 3.40 0.01 — Total 303.7 - SAPROJECTS\TRI\DRNG\CNANGE OF ZONE\Tn-histC.wpd Historic Condition - 10 Year Composite Runoff Coefficient Calculations — Character of Surface Runoff Project: Deer Meadows, PUD Coefficient Streets:Paved Calculations By: M. Chalona _ 0.90 Date: November 21, 2005 Streets:Gravel 0.50 Drives and Walks 0.88 — Roofs 0.90 Undeveloped Areas 0.05 — Runoff Coefficients are taken from the Urban Drainage Design Criteria Manual, Table 3-1 Basin Basin Area of Area of Area of Area of Roofs Area of Weighted — ID Area Streets: Streets: Concrete Undeveloped Runoff Paved Gravel Lawns,Sandy Soil Coefficient (Acres) (Acres) (Acres) (Acres) (Acres) (Acres) H1 15.7 0.00 0.00 0.00 0.00 15.70 0.05 — H2 157.0 0.00 0.00 0.00 0.00 157.00 0.05 H3 6.7 0.00 0.00 0.00 0.00 6.70 0.05 H4 39.0 0.00 0.00 0.00 0.00 39.00 0.05 H5 57.5 0.00 0.00 0.00 0.00 57.50 0.05 - H6 19.7 0.00 0.00 0.00 0.00 19.70 0.05 H7 4.7 0.00 0.00 0.00 0.00 4.70 0.05 - 118 3.4 0.00 0.00 0.00 0.00 3.40 0.05 Total 303.7 - 51FROJECTS\TRI\DKNG\CFIANGE OF ZONE\Tn-histC.wpd _ Historic Condition - 100 Year Composite Runoff Coefficient Calculations Character of Surface Runoff Project: Deer Meadows, PUD — Coefficient Streets:Paved Calculations By:M. Chalona 0.93 - Streets:Gravel 0.60 Date: November 21, 2005 Drives and Walks 0.89 — Roofs 0.90 Undeveloped Areas 0.20 _ Runoff Coefficients are taken from the Urban Drainage Design Criteria Manual, Table 3-1 Basin Basin Area of Area of Area of Area of Roofs Area of Weighted ID Area Streets: Streets: Concrete Undeveloped Runoff Paved Gravel Lawns,Sandy Soil Coefficient — (Acres) (Acres) (Acres) (Acres) (Acres) (Acres) H1 15.7 0.00 0.00 0.00 0.00 15.70 0.20 - H2 157.0 0.00 0.00 0.00 0.00 157.00 0.20 H3 6.7 0.00 0.00 0.00 0.00 6.70 0.20 H4 39.0 0.00 0.00 0.00 0.00 39.00 0.20 H5 57.5 0.00 0.00 0.00 0.00 57.50 0.20 - H6 19.7 0.00 0.00 0.00 0.00 19.70 0.20 H7 4.7 0.00 0.00 0.00 0.00 4.70 0.20 Ha 3.4 0.00 0.00 0.00 0.00 3.40 0.20 — Total 303.7 - S:\PROJECTS\TRI\DRNG\CHANGE OF ZONE\Tri-HistC.wpd Wohnrade Civil Engineers,Inc. 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