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Home My WebLink About20073668.tiff • • PUD FINAL PLAT WIDc ADMINISTRATIVE REVIEW COLORADO CASE#: PF-1099 PLANNER: Brad Mueller APPLICANT: Soaring Skies Ventures, LLC REPRESENTATIVE: Timothy Halopoff P.O. Box 1245 2819 Seccomb St. Fort Collins, CO 80522-1245 Fort Collins, CO 80526 REQUEST: Final plat approval for 9 residential lots with Estate Zone uses, 3 open space tracts, and oil and gas production on 54.6 acres. (Sorrel Ridge PUD). LEGAL Lot B RE-3685, being part of S2 of Section 5, Township 7 North, Range 67 West of the DESCRIPTION: 6'" P.M. Weld County, Colorado. LOCATION: East of and adjacent to County Road 15 and approximately 1/4 mile north of County Road 84. ACRES: 54.6 +/- PARCEL NUMBER: 0705 05 300018 THE DEPARTMENT OF PLANNING SERVICES' STAFF APPROVES THIS APPLICATION FOR THE FOLLOWING REASONS: 1. The submitted materials are in compliance with the application requirements of Section 27-7-30 of the Weld County Code. 2. The request is in conformance with Section 27-7-40.C of the Weld County Code, as follows: A. Section 27-7-40.C.1--That the proposal is consistent with Chapters 19, 22, 23, 24 and 26 of the Weld County Code. The proposal is consistent with other aforementioned documents as follows: 1) Section 22-3-50.8.1, P.Goal 2 -- Require adequate facilities and services to assure the health, safety and general welfare of the present and future residents of the County. The proposed PUD will be serviced by North Weld County Water District, and Individual Sewage Disposal Systems will handle the effluent flow. The site lies within the Boxelder Sanitation District, but no sewer service is economically available to the site, as indicated in correspondence from the District on May 31, 2005 and subsequently. B. Section 27-7-40.C.2 — That the uses which would be allowed in the proposed PUD will conform with the performance standards of the PUD Zone District contained in Article 11, Chapter 27 of the Weld County Code. 2007-3668 Soaring Skies Ventures, LLC Final Plat(Sorrel Ridge PUD)—PF-1099 Page PL✓P3o Section 27-2-20, Access standards — 'All PUD developments will be served by an internally paved road system according to County standards. An exception to paving may be granted by the Director of Public Works for residential PUDs of nine (9) lots or less located in nonurban areas as defined in Chapter 22 of the Weld County Code, when the PUD is not located within close proximity to other PUDs, subdivisions and municipal boundaries, and when access to the PUD is not from a public road which is paved or will be paved within a year of approval of the PUD." The proposed development is an urban scale development. As stated in the application, the applicant will pave all internal roads. Section 27-2-40, Bulk requirements—All bulk standards of the Estate Zone District will apply; the applicant is not requesting a waiver from the bulk requirements of the Estate Zone District. Section 27-2-50, Circulation — The planned interior roadway of two 12-foot paved lanes does not include adequate width for on-street parking. Conditions of approval require that all references to on-street parking be removed from the covenants. Section 27-2-90, Urban scale development — Urban scale developments are developments exceeding nine (9) lots and/or located in close proximity to existing PUDs, subdivisions, municipal boundaries or urban gowth corridors and boundaries. All urban scale developments shall pave the internal road systems of the development. The proposed development is located within a quarter-mile of another approved rural subdivision (Sage Hill PUD) and is therefore urban in scale. Paved internal roads are planned. The applicant has met the remaining performance standards as delineated in Section 27-2- 10. The Conditions of Approval and Development Standards ensure compliance with Sections 27-2-20 through 27-2-210 of the Weld County Code. C. Section 27-7-40.C.3 --That the uses which would be permitted will be compatible with the existing or future development of the surrounding area as permitted by the existing zoning, and with the future development as projected by Chapter 22 of the Weld County Code or master plans of affected municipalities. The proposed site is not influenced by an Intergovernmental Agreement but is located within the three-mile referral area for the Town of Severance and Larimer County. Neither jurisdiction provided comment on this Final Plat application but previously indicated at Change of Zone no conflicts with their interests. D. Section 27-7-40.C.4 --That adequate water and sewer service will be made available to the site to serve the uses permitted within the proposed PUD in compliance with the performance standards in Article II, Chapter 27 of the Weld County Code. The proposed PUD will be serviced by North Weld County Water District, and Individual Sewage Disposal Systems will handle the effluent flow. E. Section 27-7-40.C.5 -- That street or highway facilities providing access to the property are adequate in functional classification, width, and structural capacity to meet the traffic requirements of the uses of the proposed PUD Zone District. The Weld County Department of Public Works has not required improvements to County Road 15. F. Section 27-7-40.C.6— In the event the street or highway facilities are not adequate, the applicant shall supply information which demonstrates the willingness and financial capacity to upgrade the street or highway facilities in conformance with the Transportation Sections of Chapters 22, 24 and 26, if applicable. Conditions of Approval ensure that the applicant will complete Improvements Agreements for on-site improvements. G. Section 27-7-40.C.7 -- That there has been compliance with the applicable requirements contained in Chapter 23 of the Weld County Code regarding overlay districts, commercial mineral deposits, and soil conditions on the subject site. The site does not lie within an Soaring Skies Ventures. LLC Final Plat(Sorrel Ridge PUD)—PF-1099 Page 2 overlay district. Conditions of Approval require the site-specific geotechnical report or open hole inspection (performed by a registered engineer) prior to construction. Effective January 1, 2003, Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County Road Impact Program. (Ordinance 2002-11) Effective August 1, 2005, Building Permits issued on the proposed lots will be required to adhere to the fee structure of the Capital Expansion Impact Fee and the Stormwater/Drainage Impact Fee. (Ordinance 2005-8 Section 5-8-40) H. Section 27-7-40.C.8--If compatibility exists between the proposed uses and criteria listed in the development guide, and the final plan exactly conforms to the development guide. The submitted Specific Development Guide does accurately reflect the performance standards and allowed uses described in the proposed Estate Zone District, as described previously. The Department of Planning Services'approval is conditional upon the following: 1. Prior to Recording the PUD Final Plat: A. The Plat shall be amended to include the following: 1) The title on the plat shall be shown as Sorrel Ridge PUD PF-1099. (Department of Planning Services) 2) Add all final plat notes indicated below. (Department of Planning Services) 3) Landscape and utility plans shall be added to the plat, as required by Sections 27-9-30 , -'r ---- and 27-9-40. (Department of Planning Services) 4) All requirements of the Weld County Utilities Advisory Committee reflected in the minutes of the hearing on August 10, 2006, shall be delineated on the final plat prior to recording. (Utility Advisory Committee) 5) Provide recordation information for all existing easements, such as the irrigation 5/ easement shown on Sheet 2 of the submitted draft plat. (Department of Planning Services) 6) Revise the description for Tract C to be a utility and drainage easement (versus utility y only). (Department of Planning Services) 7) Any proposed development sign shall be located outside of utility easements and shall meet the required ten (10) foot setback from road rights-of-way. A plan detail of the proposed sign shall be included on the final plat. (Department of Planning Services) 8) The proposed bus shelter shall be located outside of utility easements and shall meet ti the required twenty (20) foot setback from road rights-of-way. (Department of Planning Services) 9) The final plat shall indicate the location of the mail kiosk, entry sign, and bus shelter within the open space tracts. The location of the structures shall meet all required offsets and setbacks and shall not be located within utility easements. (Department of Planning Services) 10) Call out the easement shown encircling the cul-de-sac head on Sheet 3 of the submittal j draft Final Plat. Correct this easement to also cross the 20-foot easement along the east border of Lot 6. (Department of Planning Services) Soaring Skies Ventures, LLC Final Plat(Sorrel Ridge PUD)—PF-1099 Page 3 • 11) Revise the note for the irrigation easement, calling out "additional ditch easement." If this proposed irrigation easement is for access and maintenance of the ditch, then provide additional supporting language. (Department of Planning Services) 12) Revise the Landscape Plan to call out the proposed material for the jogging/walking trail, as per Section 27-9-30.B.5 of the Weld County Code. Call out all plant materials, providing the common and the botanical names, the size, and the number of each plant. Delineate on the plan set all fencing, perimeter landscaping, etc., described in A rik the application narrative. (Department of Planning Services) B. The applicant shall provide evidence that the proposed street nar4 (i.e., Sorrel Ridge Rgad) has been reviewed and approved by Planning Services —Addressingrthe Sheriff's Officio, the post office, and emergency respond. (Department of Planning Services) C. The applicant shall submit evidence that the school and postal district have approved the locations of the pedestrian shelter and mailbox. (Department of Planning Services) D. The applicant shall amend the Improvements Agreement According to Policy Regarding A' Collateral for Improvements to include the development sign, pedestrian shelter, postal boxes, landscaping and fencing. Provide written bids on letterhead for landscaping estimates. A revised Improvements Agreement for Public Road Maintenance shall be submitted, also reflecting the changes indicated by the Department of Public Work in their referral dated August 14, 2006. This agreement shall be reviewed by County Staff and accepted by the Board of County Commissioners. (Departments of Planning Services and Public Works) E. The applicant shall submit a final drainage report addressing all comments from Public Works v. memo dated September 21, 2006. (Department of Public Works) F. The applicant shall submit to Public Works stamped, signed and dated final plat drawings and .e7 roadway / construction & grading plan drawings for review with the final plan application and approval, addressing all comments from their memo dated September 21, 2006. Construction details must be included. Stop signs and street name signs will be required at all intersections and shown as a signing plan on final roadway plans. The current edition of the Manual on Uniform Traffic Control Devices (MUTCD) shall govern the signing plan. (Department of Public Works) G. The applicant shall submit evidence that a cash-in-lieu of land dedication fee has been paid to 4/ the RE-4 Windsor School District. (Department of Planning Services) H. The applicant shall provide evidence that an attempt to address the concerns of the Poudre Fire Authority have been met. (Department of Planning Services) I. The applicant has submitted preliminary covenants for Sorrel Ridge. The covenants shall be ya amended to include the following: References to parking on the street should be removed; no parking is allowed due to the narrow road section. Section 6.1.i shall be amended to omit on-street parking, and t/ the following added: "No parking is allowed on the street, due to the design width of the street." Section 7.10 should be altered so as to not refer to on-street parking. Provide a commitment that if public sewer service is available at the subdivision 6 boundary that all homes will connect to service within five (5) years. (Department of Planning Services) iii. Section 18.2 should be omitted. Weld County will not accept enforcement of private covenants. (Department of Planning Services) Soaring Skies Ventures, LLC Final Plat(Sorrel Ridge PUD)—PF-1099 Page 4 iv. Within the legal description (Exhibit A), the covenants shall reference the final plat name along with a space to include the recording information of the final plat, rather than utilize the current legal description. (Department of Planning Services) J. The applicant shall submit Certificates from the Secretary of State showing the Homeowners Association has been formed and registered with the state. (Department of Planning Services) K. The applicant shall submit evidence that Tracts A, B, and C have been deeded to the Sorrel Ridge Homeowners Association. (Department of Planning Services) L. The applicant shall provide a completed agreement with the mineral rights owners for the compatible development for the surface estate and oil and gas estates, or they shall provide ✓ evidence of an attempt to reach such agreement. (Department of Planning Services) M. The applicant shall submit two (2) paper copies of the revised plat for review and final approval to the Weld County Department of Planning Services. (Department of Planning Services) N. Finalized covenants and the appropriate recording fee (currently $6 for the first page and $5 0, for all others) shall be submitted to the Weld County Department of Planning Services for LS ,e, recording at the Weld County Clerk and Recorders office. (Department of Planning Services) $(DL O. The applicant shall submit a digital file of all drawings associated with the Final Plan application. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are .shp (Shape Files), Arclnfo Coverages and Arclnfo Export files format type is .e00. The preferred format for Images is .tif (Group 4) ... (Group 6 is not acceptable). (Dept. of Planning Services) s ur -t 2. The Final Plat is conditional upon the following and that each be placed on the Final Plat as notes t H prior to recording: A. The Planned Unit Development shall consist of nine (9) residential lots as indicated in the application materials on file in the Department of Planning Services. The lots shall adhere to the uses allowed in the E (Estate) Zone District. The PUD will be subject to and governed by the Conditions of Approval stated hereon and all applicable Weld County Regulations. (Department of Planning Services) B. All landscaping within the site distance triangles must be less than 31/2 feet in height at maturity. (Department of Public Works) C. A Homeowner's Association shall be established prior to the sale of any lot. Membership in the Association is mandatory for each parcel owner. The Association is responsible for it liability insurance, taxes and maintenance of open space, streets, private utilities and other facilities. Open space restrictions are permanent. (Department of Planning Services) D. Weld County's Right to Farm as delineated on this plat shall be recognized at all times. (Department of Planning Services) E. Water service shall be obtained from the North Weld County Water District. (Department of Public Health and Environment) F. This subdivision is not served by a municipal sanitary sewer system. Sewage disposal shall / be by septic systems designed in accordance with the regulations of the Colorado Department of Public Health and Environment, Water Quality Control Division and the Weld Soaring Skies Ventures, LLC Final Plat(Sorrel Ridge PUD)—PF-1099 Page 5 County Code in effect at the time of construction, repair, replacement, or modification of the . system. Septic systems shall be designed for site specific conditions including, but not limited to, shallow groundwater, bedrock, gravel and/or clay. (Department of Public Health and Environment) G. A stormwater discharge permit may be required for a development/redevelopment /construction site where a contiguous or non-contiguous land disturbance is greater than or equal to one acre in area. Contact the Water Quality Control Division of the Colorado ✓ Department of Public Health and the Environment at www.cdphe.state.co.us/wq/PermitsUnit for more information. (Department of Public Health and Environment) H. During development of the site, all land disturbances shall be conducted so that nuisance conditions are not created. If dust emissions create nuisance conditions, at the request of the ✓ Weld County Health Department, a fugitive dust control plan must be submitted. (Department of Public Health and Environment) In accordance with the Regulations of the Colorado Air Quality Control Commission any development that disturbs more than 5 acres of land must incorporate all available and ✓ practical methods that are technologically feasible and economically reasonable in order to minimize dust emissions. (Department of Public Health and Environment) J. If land development creates more than a 25-acre contiguous disturbance, or exceeds 6 months in duration, the responsible party shall prepare a fugitive dust control plan, submit an air pollution emissions notice, and apply for a permit from the Colorado Department of Public Health and Environment. (Department of Public Health and Environment) K. Prior to the release of building permits on any Lot, the Lot owner shall verify with the nearest Wrod 4%ce. Town/City or Sanitation District to determine the location of the nearest sanitary sewer line. , P In accordance with the Weld County Code, if a sewer line exists within four hundred (400) feet of the property line and the sewer provider is willing to serve the proposed structure, a septic permit cannot be granted by the Weld County Department of Public Health and b'9."cT` Environment. Evidence of such shall be submitted in writing to the Weld County Department rcir .ro 4 of Planning Services. (Department of Planning Services) L. The Sheriff's Office has limited traffic enforcement powers for private roadways within the subdivision. (Weld County Sheriff's Office) M. Oil and gas production facilities within this subdivision shall be fenced off in order to mitigate the potential for tampering. (Weld County Sheriff's Office) N. A separate building permit shall be obtained prior to the construction of any structure ✓ including the mail kiosk, bus shelter, or any monument sign. (Department of Building Inspection) O. A plan review is required for each building for which a building permit is required. Two complete sets of plans are required when applying for each permit. Residential building plans may be required to bear the wet stamp of a Colorado registered architect or engineer. (Department of Building Inspection) P. Buildings shall conform to the requirements of the codes adopted by Weld County at the time of permit application. Current adopted codes include the 2003 International Residential / Code; 2003 International Building Code; 2003 International Mechanical Code; 2003 International Plumbing Code; 2003 International Fuel Gas Code; 2002 National Electrical Code and Chapter 29 of the Weld County Code. (Department of Building Inspection) Soaring Skies Ventures, LLC Final Plat(Sorrel Ridge PUD)—PF-1099 Page 6 Q. Each residential building will require an engineered foundation based on a site-specific geotechnical report or an open hole inspection performed by a Colorado registered engineer. Engineered foundations shall be designed by a Colorado registered engineer. (Department of Building Inspection) R. Fire resistance of walls and openings, construction requirements, maximum building height and allowable areas will be reviewed at the plan review. Setback and offset distances shall be determined by Chapter 23 of the Weld County Code. (Department of Building Inspection) S. Building height shall be measured in accordance with the 2003 International Building Code for the purpose of determining the maximum building size and height for various uses and types of construction and to determine compliance with the Bulk Requirements from Chapter '- 27 of the Weld County Code. Building height shall be measured in accordance with Chapter 27 of the Weld County Code in order to determine compliance with offset and setback requirements. When measuring buildings to determine offset and setback requirements, buildings are measured to the farthest projection from the building. Property lines shall be clearly identified and all property pins shall be staked prior to the first site inspection. (Department of Building Inspection) T. Landowners must provide a letter of approval from the Poudre Valley Fire Authority prior to new construction. (Department of Building Inspection) U. All homes in the Sorrel Ridge subdivision must have fire sprinklers. This requirement is in v due to the lack of secondary access/fire lane at the site. (Poudre Fire Authority) V. All signs including entrance signs shall require building permits. Signs shall adhere to Section 23-4-60 through Section 23-4-120 of the Weld County Code. These requirements shall apply to all temporary and permanent signs. (Department of Planning Services) W. Effective January 1, 2003, Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County Road Impact Program. (Ordinance 2002-11) (Department of Planning Services) X. Effective August 1, 2005, Building Permits issued on the subject site will be required to adhere to the fee structure of the Capital Expansion Impact Fee and the Stormwater/Drainage Impact Fee. (Ordinance 2002-11) (Department of Planning Services) Y. Installation of utilities shall comply with Section 24-9-10 of the Weld County Code. „ (Department of Planning Services) Z. The property owner shall be responsible for compiling with the Performance Standards of / Chapter 27, Article II and Article VIII, of the Weld County Code. (Department of Planning Services) AA. Weld County personnel shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Development Standards stated herein and all applicable Weld County Regulations. (Department of Planning Services) BB. The site shall maintain compliance at all times with the requirements of the Weld County Departments of Public Works, Public Health and the Environment, and Planning Services, and adopted Weld County Code and Policies. (Department of Planning Services) CC. No development activity shall commence on the property, nor shall any building permits be issued on the property until the final plan has been approved and recorded. (Department of Planning Services) Soaring Skies Ventures, LLC Final Plat(Sorrel Ridge PUD)—PF-1099 Page 7 DD. The PUD Final Plan shall comply with all regulations and requirements of Chapter 27 of the Weld County Code. (Department of Planning Services) EE. Section 27-8-60 of the Weld County Code - Failure to record a Planned Unit Development Final Plan -- If a final plan plat has not been recorded within one (1) year of the date of the approval of the PUD final plan, or within a date specified by the Board of County Commissioners, the Board may require the landowner to appear before it and present evidence substantiating that the PUD final plan has not been abandoned and that the applicant possesses the willingness and ability to record the PUD final plan plat. The Board of County Commissioners may extend the date for recording the plat. If the Board determines that conditions supporting the original approval of the PUD final plan cannot be met, the Board may, after a public hearing, revoke the PUD final plan. FF. Section 27-8-70 of the Weld County Code - Failure to Commence a Planned Unit Development Final Plan - If no construction has begun or no USE established in the PUD within one (1) year of the date of the approval of the PUD Final Plan, the Board of County Commissioners may require the landowner to appear before the it and present evidence substantiating that the PUD Final Plan has not been abandoned and that the applicant possesses the willingness and ability to continue the PUD. The Board may extend the date for initiation of the PUD construction and shall annually require the applicant to demonstrate that the PUD has not been abandoned. If the Board determines that conditions supporting the original approval of the PUD Final Plan have changed or that the landowner cannot implement the PUD Final Plan, the Board may, after a public hearing, revoke the PUD Final Plan and order the recorded PUD Plan vacated. GG. Section 27-8-80.A of the Weld County Code - Failure to Comply with the PUD Final Plan - The Board of County Commissioners may serve written notice upon such organization or upon the owners or residents of the PUD setting forth that the organization has failed to o-n-'<t— comply with the PUD Final Plan. Said notice shall include a demand that such deficiencies of maintenance be cured within thirty (30) days thereof. A hearing shall be held by the Board within fifteen (15) days of the issuance of such notice, setting forth the item, date and place of the hearing. The Board may modify the terms of the original notice as to deficiencies and may give an extension of time within which they shall be rectified. HH. Section 27-8-80.B of the Weld County Code - Any PUD Zone District approved in a Final 7 Plan shall be considered as being in compliance with Chapter 24 of the Weld County Code and Section 30-28-101, et seq., CRS 8. Prior to release of collateral: By ` Date ', Zor�G Brad Mueller 4. Planner Soaring Skies Ventures, LLC Final Plat(Sorrel Ridge PUD)— PF-1099 Page 8 ,‘I , (jr ; Cr DEPARTMENT OF PLANNING SERVICES NORTH OFFICE 91 8 10T" Street lA� lilit GREELEY, CO 80631 1 PHONE: (970) 353-61 O0, Ext. 3540 C . FAX: (970) 304-6498 COLORADO July 19, 2006 Soaring Skies Ventures c/o Tim Halopoff 2819 Secomb St. Fort Collins CO 80526 Subject: PF-1099- Request for approval of a Final plat approval for 9 lots in the Sorrel Ridge PUD (fka Shepherds Hill Estate PUD) on a parcel of land described as Lot B of RE-3685; Pt S2 of Section 5, T7N, R67W of the 6th P.M., Weld County, Colorado. Dear Applicant: Your application and related materials for the request described above are complete and in order at the present time. I have scheduled a meeting with the Weld County Utilities Advisory Committee for Thursday, August 10, 2006, at 10:00 a.m. This meeting will take place in the Hearing Room, Weld County Department of Planning, 918 10th Street, Greeley, Colorado. It is the policy of Weld County to refer an application of this nature to any town or municipality lying within three miles of the property in question or if the property under consideration is located within the comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of the submitted materials to the Severance Planning Commission for their review and comments. Please call Severance at 970-686-1218, for information regarding the date, time and place of the meeting and the review process. It is recommended that you andior a representative be in attendance at each of the meetings described above in order to answer any questions that might arise with respect to your application. If you have any questions concerning this matter, please feel free to call me. Sincerely,y, Brad Mueller Planner • • Page 1 of 2 Brad Mueller From: Brad Mueller Sent: Thursday, April 26, 2007 10:51 AM To: Halopoff, Timothy Cc: Brad Mueller Subject: RE: Sorrel Ridge Tim, I looked a little more closely at the condition and requirements. I think that you might be assuming that the timeline is attached to the Change of Zone. In reality, the final plat is already administratively approved (with conditions), so the timeline requirements from our code are tied to that. If you look at the review letter from me dated October 20, 2006, note EE says that the final has to be recorded within 1 year of the date of the approval. Since this was an administrative approval, that date is October 20, 2006. If you still think that you're not going to get collateral by October 20, 2007, then I'Ii proceed with getting an official approval extension. However, if you think you'll be OK by then, then I'd recommend we just proceed without worrying about the extension. Let me know your preference. Thanks. Brad From: Halopoff, Timothy [mailto:THalopoff@JREngineering.com] Sent: Monday, April 23, 2007 2:30 PM To: Brad Mueller Subject: RE: Sorrel Ridge Brad, Thank you for all of your help on this project. Per our discussion, I have attached a letter requesting a 1-year extension on our Change of Zone Plat for Sorrel Ridge to insure that we have all of our rights preserved until we receive our construction loan and thereby post our collateral to Weld County through a Letter of Credit and move to construction. The letter explains everything. Please, let me know when this request to the Board of County Commissioners will be heard. Thanks again. • Warm regards, Tim Original Message From: Brad Mueller [mailto:bmueller@co.weld.co.us] Sent: Monday, April 09, 2007 3:12 PM To: Halopoff, Timothy Subject: Sorrel Ridge Tim, I'm following up on your request that I confirm that everything needed for recording Sorrel Ridge has been provided. I have not yet received the collateral/Letter of Credit for the project. Once these are received, we will 04/26/2007 • • Page 2 of 2 schedule approval with the Board. Once approved, the plat can be recorded. All other items have been received, including most recently the Landscape Plan for recordation. Please let me know if you have any questions. Thanks. Brad 04/26/2007 MEETING NOTES • • J•R ENGINEERING A Westrian Company Job Name: S ore,c E r /2 f o r .E Job No.: f F- (O Subject: RAJA( APPl4a✓An. A-r- o PO Fattc t_Joruer E. -Marc Source: "rim LIAL.ofoe? Telephone: 97a. tic. S-2z9 Meeting Date: `//Z/O7 With: $A-A-O fr1uef-c &r- / Am 77,t_..,erinJG It? Tk-b= Fr N.Art_ A,PP,La c-n LA-'o Sc AYE ? CAv A-t ,e ,t L) IT1A /DS QEe.o2o. s—C eZe opt /f " •7 / (4.,i S o A M, trio O `J/G ni F/ /t't ' L A'L o f "1-14-t- Fi A.,RL 1 L/-r #4,,j p A-1_C_ Of n45 ELE'caaLet,.--G FF . ate -RS F- ,1-•A,L r- 1-• ?uh Li c .-.-ta/4c- /A'° r c A-rl..".J r rt. 0n/ 4-•-/, A-7,t-a✓A-t OF DA--€ Cori s-p. 5d c it.a,-1 Dn A^14 P&ve A77-s it-ac a£E. I-1-1 /Q.A-t-1.4 V rt..c.e7 es.4-i tc of �j /�� D L -t-; CaL C i GM .J IL CON 47 t-+ !M %1-ft LAT 4 L V ( to , z&.O / LOC , ) . Ara A fit A., uP /4-ovsc /camera,. c t-uout_ 0 d,: rc_cA-ce_ r- f-'t=.LL9✓ 71-h'; w t"Ng A•'v (C -(`-1 A:1 L /K1.•'(- f L A r ,es ca A-71 J a k r .`-P i 7N-c r fl t c fc-rt C o t • I) Ani / W / cc_ ONL.y (-+4 € Cwa 7?-6 LLM-v-1'Y< cit./. �AN Lt cJ J/ 71;--i f-J-ar t n , j?c, Signed: ❑ J ❑ ❑ .020 Greenwood Plaza Boulevard 2620 East Prospect Road,Suite 190 4310 ArrowsWest Drive 12195 Mariposa St.,Suite 100 Englewood,CO 80111 Fort Collins,CO 80525 Colorado Spring,CO 80907 Westminster,CO 80234 103-740-9393•Fax:303-721-9019 970-491-9888•Fax:970-491-9984 719-593-2593•Fax:719-528-6613 720-872-9850-Fax:720-872-9852 Sorrel Ridge Final Plat recoil/ (PF 1099) • Page 1 of 1 Halopoff, Timothy From: Drew Scheltinga [dscheltinga@co.weld.co.us] Sent: Wednesday, November 01, 2006 11:51 AM To: Brad Mueller Cc: Halopoff, Timothy; Brian Varrella Subject: PF-1099 Sorrel Ridge Brad All requirements of Public Works Department have been met by the applicant. The Improvements Agreement will have to be approved by the Commissioners prior to recording the plat. I have the original Improvements Agreement and will send it to you through inter-office mail. I have spoken to Tim Halopof and he will provide the surety to you for review by the County Attorney and attachment to the agreement prior to placing it on the Commissioners agenda. Call if you have any questions. Drew Scheltinga, P. E. Weld County Public Works Department 1111 H Street P. O. Box 758 Greeley, CO 80632 970-304-6496 X3750 dscheltinga@co.weld.co.us 4/2/2007 Sorrel Ridge Landscape Plan Ask Page 1 of I Brad Mueller From: Copper, Adam [ACopper@JREngineering.comj Sent: Wednesday, March 28, 2007 8:56 AM To: Brad Mueller Cc: Halopoff, Timothy Subject: Sorrel Ridge Landscape Plan Brad, I have made the changes you requested to the landscape plan and attached it in a pdf to this email. Please review the plan for completeness and let me know if that is all you need. I will drop off a signed copy once I hear back from you that it is ok. Thanks, Adam Copper Design Engineer II JR Engineering 2620 E.Prospect Road, Ste. 190 Fort Collins, CO 80525 (970)491-9888 Fax(970)491-9984 acopper alirengineering.com <<3945001 FPLS 3-28-07.pdf>> 03/28/2007 0 VdOl3MdC d3O bby M J J bOJ ....v..n.• �9 JNRItli N19N 1 2I-t Jll S3N(ILNY.53 Ma 9N Yv0a / H1dON L HSAfA01S VOIIJIS ° °° 6604 d 3JOId 13dbOS A < i I 55 1555555: 5555 55: rc kr -it 4 va H S 66'T 4., i I'I 2• ₹ ===:36 Ir v 1 I:Ur. 'dam ibu0 ^o cdia' 55 .1 a F, M :6 rEoL CG Y> " tea, „nn,t tttrilaHitg-ggEl a °JI z X41 iggg�a�+�� `�V of a W Z U9 It I h a�'9 a. n/ i I� 83 33 � L.1_ 1 ill U ° ICI 1i(119�� ✓%2��%c 1 (A t. Z i i % '.II 'Ili O Q 11 bJ1 ; , m a_. 55 ,55 saw 57 ---r _,,,__6_2;,___, __ + _ _ ___-555_I e/ E . Sorrel Ridge Status Page 1 of 2 • Brad Mueller From: Brad Mueller Sent: Tuesday, November 28, 2006 8:00 AM To: Halopoff, Timothy Cc: Copper, Adam; Brad Mueller Subject: RE: Sorrel Ridge Status Tim, Here's a list of outstanding items for Sorrel Ridge. Numbers refer to the Conditions of Approval as described in the review letter. 1.A.1 —Couple of notes are missing, specifically FF and GG. Also, where did note 33 (drainage maintained by HOA) come from? If from Public Works, it's fine to leave. s 1.A.5 — Recording information is missing for the 20' NWCWD water easement on Sheet 3 (unless it's proposed, but I think it's existing?). 1.A.11. —Additional ditch easement on Sheet 3 doesn't explain terms of the easement. Is it for access and ✓ maintenance? If so, change to read: "additional ditch easement for access and maintenance, dedicated by the recording of this plat." Other miscellaneous plat items: • Numbering should be 1 of 4 sheets, etc. The landscaping sheet should be 4 of 4 (not 16 of 18 for this set). • Landscaping sheet includes a note "Weld County native seed mixture, see detail Sheet 17." There is no sheet 17 in this plat set. • The detail for the project monument sign should include dimensions to verify that it meets sign code requirements. (This detail on the plat is the zoning approval process for the sign.) .4t Act, PF- (013 With these changes, the plat is fine (assuming the size you propose for the size is acceptable). You can cut a mylar, or I'm happy to look at one last quick check set. • y 1.I.ii —The draft copy of the CC&Rs did not seem to include a commitment that"if public sewer service is available at the subdivision boundary that all homes will connect to service within five (5)years." / 1.I.iv. —The CC&R Exhibit A still references the old RE lot, instead of the PUD created by the plat. CC&Rs —The draft copy we received has copy in it—"Error! Bookmark not defined."—throughout it. Found on pp. 7, 10, 15, 18, 26, etc. When we get the final copy, be sure to double-check it. CC&R's —We need a signed, recordable copy. Recording Fees —We rec'd $323 on November 6, which is short $62 (if the CCR page count doesn't change). The breakdown is as follows: plat ($41), CCRs ($276), HOA Action Declarant ($16), Special Warranty ($2), Bylaws ($41). Surety/Improvements Agreement. We have a signed, final IA with everyone's approval, but no surety. We need to receive a letter of credit, bond, etc., so we can take the IA to the Board for approval. Once received, that will take a couple weeks, possibly longer with the holidays and the Board's somewhat jumbled scheduled next month. A letter of credit, if you use that type, needs to be in a certain form, which I've attached. That should do it — please let me know if you have questions. Thanks. Brad 11/28/2006 • J R ENGINEERING December 4, 2006 Brad Mueller Weld County Planning 918 10th Street Greeley, CO 80631 RE: Sorrel Ridge list of outstanding items, Dear Mr. Mueller, Below I have copied the items that you wrote that are still outstanding for Sorrel Ridge to be recorded. I have written under each item how they have been addressed. Tim, Here's a list of outstanding items for Sorrel Ridge. Numbers refer to the Conditions of Approval as described in the review letter. 1.A.1 —Couple of notes are missing, specifically FF and GG. Also, where did note 33 (drainage maintained by HOA) come from? If from Public Works, it's fine to leave. - The notes FF and GG are on the right"Notes (cont)i- on the first page of the plat as notes numbered 36 & 37. - Note 33 did come as a redlined comments from Public Works. 1.A.5— Recording information is missing for the 20' NWCWD water easement on Sheet 3 (unless it's proposed, but I think it's existing?). - The easement is proposed with this plat. 1.A.11. —Additional ditch easement on Sheet 3 doesn't explain terms of the easement. Is it for access and maintenance? If so, change to read: "additional ditch easement for access and maintenance, dedicated by the recording of this plat." 427 - The easement on Sheet 3 is for access and maintenance and the wording has been changed accordingly. Other miscellaneous plat items: • Numbering should be 1 of 4 sheets, etc. The landscaping sheet should be 4 of 4 (not 16 of 18 for this set). 2620 East Prospect Road,Suite 190,Fort Collins,CO 80525 970-491-9888• Fax:970-491-9984•www.jrengineering.com • • - (Thud \Vashhurn with .11: I.n_ineerulg is currentl\ '.\wing \ou a letter stating why the Landscape sheet should not he recorded with this !:nisi Plat. (r r .r- 00(e • Landscaping sheet includes a note"Weld County native seed mixture, see detail Sheet 17." There is no sheet 17 in this plat set. 4 - ('had \\-ilslthurn with IN Engineering is currently \\•rIlllig vuVO11a letter stating why the landscape sheet should not he recorded with this Final Pint. -F'x (rc)c) f< • The detail for the project monument sign should include dimensions to verify that it meets sign code requirements. (This detail on the plat is the zoning approval process for the sign.) - The detail for the protect monument sign has been revised to show the dimensions of the si gin. t.+ With these changes, the plat is fine (assuming the size you propose for the size is acceptable). You can cut a mylar, or I'm happy to look at one last quick check set. —The draft copy of the CC&Rs did not seem to include a commitment that"if public sewer service is available at the subdivision boundary that all homes will connect to service within five(5) years." - Section 7.16 Water & Sanitation. This section address the homes belna connected to public sewer within 5 years of being available. 1.I.iv. —The CC&R Exhibit A still references the old RE lot, instead of the PUD created by the plat. - Exhibit A is referring to the new PUD being created with a blank section to insert the Reception No. when the Final Plat is recorded. CC&Rs—The draft copy we received has copy in it—"Error! Bookmark not defined." —throughout it. Found on pp. 7, 10, 15, 18, 26, etc. When we get the final copy, be sure to double-check it. - AI! of the Bookmark errors have been removed. CC&R's—We need a signed, recordable copy. - A signed. recordable copy has been included. Recording Fees—We rec'd $323 on November 6, which is short$62 (if the CCR page count doesn't change). The breakdown is as follows: plat($41), CCRs ($276), HOA Action Declarant ($16), Special Warranty($2), Bylaws($41). - A check for $62 has been included. Surety/Improvements Agreement. We have a signed, final IA with everyone's approval, but no surety. We need to receive a letter of credit, bond, etc., so we can take the IA to the Board for approval. Once X:''39450.0I`.Word\Letters\Brad Muller Comments 124-06 received, that will take a couple weeks, possibly longer with the holidays and the Board's somewhat jumbled scheduled next month. A letter of credit, if you use that type, needs to be in a certain form, which I've attached. - The letter of credit is still currently being secured, but ,viii have in a week or so. o That should do it— please let me know if you have questions. Thanks. Brad It is my understanding now that it appears there are only two items left before the plat can be recorded. The landscape sheet needs to be resolved between you and Chad Washburn and the letter of credit needs to be secured and sent to you. If there any other outstanding items that I have overlooked please let me know, so they can be resolved as quickly as possible. Warm regards, JR ENGINEERING, LLC Timothy J. Ha opoff.� Lead Project Engineer cc: File X:`:39450.01\Word\Letters`.Brad Muller Comments 12-4-06 Page 1 of? Brad Mueller From: Halopoff, Timothy [THalopoff@JREngineering.com] Sent: Thursday, September 14, 2006 11:28 AM To: Brian Varrella; Drew Scheltinga Cc: Brad Mueller; Copper, Adam Subject: RE: Sorrel Ridge (PF-1099) drainage Brian, JR Engineering has already made the appropriate changes to the report. Our solution is to subtract the off-site 5- year release rate from our 100-year allowable release rate and continue to subtract the north onsite flow from our 100-year release rate, making our final release rate 3.9 cfs. No regrading is necessary because our berm was higher than needed as originally submitted. We did need to widen the spillway by ten feet making it 70' wide while maintaining 1' of freeboard during a complete 100-year emergency overflow, should the outlet structure clog. We plan to drop off the updated report tomorrow morning so that your review continues seamlessly. Sorry for the 1- day delay. Warm regards, Tim Original Message From: Brian Varrella [mailto:bvarrella@co.weld.co.us] Sent: Thursday, September 14, 2006 11:17 AM To: Drew Scheltinga Cc: Brad Mueller; Halopoff, Timothy Subject: Sorrel Ridge (PF-1099) drainage Drew, I am currently reviewing the Sorrel Ridge (PF-1099) drainage report submitted by JR Engineering. I spoke with Tim Halopoff of JR this morning about the information contained in the report. The proposed detention pond is designed to release at the rate of the combined 5-year onsite and offsite flow, but Weld County Code 24-7-130(D) specifies the release rate shall be set by the 5-year onsite discharge only. To correct this error, JR will have to reconfigure the detention pond and the drainage plan for the lower portions of the site. I asked Tim if he would like me to complete my review, or if he would prefer to resubmit the report. Tim would like to resubmit a new report that is compliant with County Code, and continue the review process after the new report has been received. Will this be an acceptable agreement? Please contact me if you have any questions. Thanks, Brian Brian K. Varrella, P.E. Weld County Public Works 1111 H Street Greeley, CO 80632 phone: 970-304-6496, ext. 3741 09/18/2006 Message • • Page 1 of 1 Brad Mueller From: Boxelder Sanitation District [bsd@verinet.com] Sent: Tuesday, September 12, 2006 3:23 PM To: Brad Mueller Cc: 'Tim Halopoff; office@wvc-law.com; 'Boxelder Engineering' Subject: Status of Soaring Skies Sorrel Ridge, PF-1099 Dear Mr. Mueller: I am following up on my conversation with the planner on call Ms. Jacqueline (?) earlier today. I am told that you are out of the office and intend to return to work next week. The Soaring Skies Sorrel Ridge project is in the Boxelder Sanitation District's planning area. As part of the plan review process earlier this year, the District offered comments including some suggested conditions on the approval of the subdivision. The project, through its principal (Mr. Tim Halopoff)and its counsel, has recently requested that the District waive/withdraw many of the suggested conditions because of the economic hardship that would result from the imposition of said conditions. I have previously indicated to Mr. Halopoff that the District does not intend to hamper the project. Rather that Boxelder is interested in exploring mechanisms by which to mitigate, with some rudimentary planning today, future problems that the District would inherit in trying to serve the project. In view of this mindset, the District is not opposed to revisiting the recommendations it had made in the past. Would you please advise on the status of the project and what is awaited from the District? Thank you. Sincerely, Ravi Srivastava, Ph.D., P.E. General Manager Boxelder Sanitation District 3201 E. Mulberry, Unit Q PO Box 1518 Fort Collins, CO 80522 (970)498-0604; (970)498-0701-fax; bsd@verinet.com 10/09/2006 LETTER OF TRANSMITTAL ftp J•R ENGINEERING A Westrian Company To: Weld County Planning Division Date: 09/07/06 980 10th street Job Name: Sorrel Ridge Greeley, CO 80631 Job Number: 39450.01 Phone: 970-353-6100 Re: Sorrel Ridge Proposed Sewer Attention: Brad Mueller We are sending you the following items: 4 Attached ❑ Under separate cover *Prints ❑ Originals ❑ Documents ❑ Sepias ❑ Disks No.of Copies Description Remarks 1 Letter from Charles Cuypers 1 E One Sewer Price List 1 E One Grinder Pump Specs 1 11x17 Boxelder Proposed Mains Map 1 2 Separate Letters from Ravi Srivastava 1 24x36 Plat 1 Proposed Sanitary Sewer on Sorrel Ridge Property Notes: Please find with this transmittal letter the items listed above for Sorrel Ridge referring to the proposed sanitary sewer system. Thank You, Adam Copper If material received is not listed above, kindly notify us at once. Transmitted by: ❑ First Class Mail ❑ Express Mail ❑ Certified Mail ❑ Pick Up ❑ Airborne Express: O Early AM 0 Afternoon ❑ FedEx: O Early AM 0 Afternoon ❑ UPS: O Early AM 0 Afternoon ZI Messenger: O Emergency 0 Rush 0 Regular � 7 Signed: ✓e/i/ CC: ❑ ❑ ❑ 6020 Greenwood Plan Boulevaid 2620 Est Prospect Road,Suite 190 4310 Arrows West Drive 12301 N.Gant Street,Suite 110 Geenwaxi Village,CO80111 Fort Collins,CO80525 Colorado Springs,C'O80907 Thornton,CO 80241 303-74)-9393•Fax:303-721-X719 970-191-)888•Fax:070491-9984 719-593-2593•Fax:719-528-6613 720-872-9850•Fax:720-872-9853 i-- ,--r 11l�' 1 "—ti )1`1�S �/ ,? 'f' —•{ r G_ _ ... _ Et Yj s , ii: rt ' . . `` I . . -• - ii I � r a :o t. a N 1 yi - _ F - I N °, ! u+ I', t 3 I I SNISYS ONI1f191N1NO3 10Ia1SI0 NOIIVLNVS 113013X09 I •V -, ^•i 1OM1SIONOIiYiNpS ^`,.., 4F7' I SNPI1031NOd H1nOS r...u;e{" .? I " 33NVNBA3S IONM01 _...^. ,.' i Imo,'•.4r - C .. et zz yii_ ...,i I k t __ .xronavar ., xtvMat 1 _ NISVSBfIS 03dW0d ; ..,.� I . L- - -.� I �- - i I i f r„. kt '� oo.,•o,e� .-� _7 — .— I its \ f I FIELD CHECK Inspection Date: ry/zz to e' Applicant: Se.:.a,Ne. SiUG VE,,,,,res Case #: P&=- i o pi 0\ Request: Legal: Section: T: N R: W Location: Parcel ID #: Acres: Zoning Land Use 11 of- 4cG. — acA S S eA i I Comments: u �„u�� n-P t e1.�-1'l.Cti-c r4,,#-e nCg-ti -- -fieL,Jca-cdca Signature ❑ House(s) ❑ Derelict Vehicles c Outbuilding(s) E Non-commercial junkyard (list components) ❑ Access to Property ❑ Irrigation Sprinkler ❑ Crop Productions ❑ Crops }fj Site Distance n Wetlands E Mobile Home(s) ❑ Oil & Gas Structures c Other Animals On-Site c Wildlife ❑ Water Bodies ❑ Utilities On-Site (transmission lines) A Ditch C ❑ Topography Note any commercial business/commercial vehicles that are operating from the site. PLANNED UNIT DEVELOPMENT (PUD) FINAL PLAT APPLICATION I FOR PLANNING DEPARTMENT USE DATE RECEIVED: 77 's' /o6 RECEIPT #/AMOUNT# /$ CASE #ASSIGNED: Pr- (019 APPLICATION RECEIVED BY PLANNER ASSIGNED: Parcel Number 0 7 0 5 - _ O 5 - 3 - O o - D / 8 (12 digit number-found on Tax I.D. information, obtainable at the Weld County Assessor's Office, or www.co.weld.co.us). (Include ail lots being included in the application area, If additional space is required,attach an additional sheet) Legal Description A Fah-tog 0C rNE Sou'n-t %2 OF , Section 5 , Township 7 North, Rangeto7 West Property Address(If Applicable) SEE ArrACt-e,-D Ao02-6as s4+€67-- Existing Zone District : E Proposed Zone District: E Total Acreage: 541. 6,3 Proposed #/Lots y Average Lot Size: z/.66 AG,Minimum Lot Size: 4'.00 Ac Proposed Subdivision Name: 5o,z&rL eloUE Proposed Area (Acres) Open Space: 8.49 Ac.. Are you applying for Conceptual or Specific Guide? Conceptual Specific ✓ FEE OWNER(S) OF THE PROPERTY (If additional space is required,attach an additional sheet) Name: SoA2ii, ` 5/cias Ve,.run..e' LLC. Work Phone# 97o. 9So,$3Z9 Home Phone# 97o.2i5. 5z99 Email Address tint, opof-r© .3ren,G,Nem.A1( Address: ?O./3ox (V/S City/State/Zip Code Fortr CDL.L,N c Co B0S-2 — I LYr APPLICANT OR AUTHORIZED AGENT (See Below:Authorization must accompany applications signed by Authorized Agent) Name: /one, 7+y j. /-4ALeeo>Cr p. E. Work Phone# 9?o.5do.932_9 Home Phone# `no.v5.5299 Email Address th.,./ofooFF(' yC..hoo• mM Address: 25 (9 SCccoti+,5 sr. -T,,d ` Re - y°li- trig �l City/State/Zip Code Fo - C oLU r•/S Co B di-Z-4 UTILITIES: Water: (Jo,cnl lydeL.0 CoaJpl-7 Wans- c Ms-rye-ter Sewer: Rox rwF-c S4.1 rna-naej Dt..-,vL.Lr (n/o CPL+P r SELvtct) Gas: XrtL c e.t Ay Electric: Pouortr VAr_L&'( AEA €sec. Phone: ( 6.57- DISTRICTS: School: V./d Ln (1 ,, Scr+aet Dtc-rvc.sr7- RE- Fire: Po J2.c VALLSt ,,LS Aim4-o,Lt,-Li Post: U• S. ?as- -t SEiLNtcE- I(We)hereby depose and state under penalties of perjury that all statements,proposals,and/or plans submitted with or contained within the application are true and correct to the best of my(our)knowledge. Signatures of all fee owners of property must sign this application. If an Authorized Agent signs, a letter of authorization from all fee owners must be included with the application. If a corporation is the fee owner, notarized evidence must be included indicating the signatory has the legal authority to sign for the corporation. I (we), the undersigned, hereby request the Department of Planning Services to review this PUD Final Plat or request hearings before the Weld County Planning Commission and the Board of County Commissioners concerning the PUD Final Plat for the above described unincorporated area of Weld County, Colorado: 6-Z$- off Signature: Ow r or Autho �d�P,gent Date Signature: Owner or Authorized Agent Date -10- • WELD COUNTY, COLORADO DEPARTMENT OF PLANNING SERVICES 918 10TH STREET GREELEY, CO 80631 PHONE: 970-353-6100, EXT. 3540/FAX: 970-304-6498 20 ' t,, Receipt No. t",1 13531 ed From: Permit Type No. Description Fee 2E/SE '-PMH JSR ;ITE PLAN REVIEW :HANGE OF ZONE UD IINOR/MAJOR SUB UILDABLE LOTS DDITIONAL 30% EE FOR SUB's E-SUBDIVISIONS OA 1 iDP/GHDP \PS/POSTAGE )PIES JESTIGATION FEE CORDING FEE ff CHECK NO. T i TOTAL FEE Tim Halopoff Soaring Skies Ventures, LLC P.O. Box 1245 Fort Collins, Colorado 80522-1245 July 7, 2006 Brad Mueller Weld County Planning Department 918 10th Street Greeley, CO 80631 RE: Sorrel Ridge PUD Final Plan Compliance Statement Dear Mr. Mueller, As you know, the intention of Sorrel Ridge is to create nine estate lots of four to eight acres each with homes ranging in price from $600,000 to $1,000,000. Each lot will be allowed one outbuilding, one loafing shed and a restricted number of horses consistent with the rural environment and the surrounding properties in the area. All homes in the subdivision will have to comply with strict Home Owner's Association covenants and Design Guidelines (copies of which are included with this submittal). Furthermore, all requirements set forth in the Change of Zone resolution (PZ#1099) as well as the Development Guide have been properly addressed as follows: A. ENVIRONMENTAL IMPACTS 1. Noise and Vibration: There will be no Industrial, Agricultural or Commercial activities allowed on this property, therefore, the noise decibels exuded from this subdivision would be similar to that of any Estate Residence community. The noise and vibration levels are negligible. 2. Smoke, Dust and Odors: The CC&R's for Sorrel Ridge prohibit burning of any kind as a source for disposal and/or clearing of brush and weeds. This will largely eliminate smoke from the subdivision. The existing irrigation will remain in use as a means of flood irrigating each individual property. This system allows for dust reduction by promoting ground cover and foliage. The subdivision has a paved road with gravel shoulders, which will further enhance dust control. The CC&R's provide guidelines that require and monitor horse living areas to ensure that maintenance and sanitary practices are regularly in use. Sorrel Ridge will be serviced by a single solid waste disposal company, which will remove household garbage from individual private property. 3. Heat, Light and Glare: Heat, Light and Glare will not be an issue to neighboring properties because of the rural nature of this development. There are no streetlights to illuminate the night sky. CC&R's control the lighting that is allowed on the outside of homes and on each individual property. 4. Visual/Aesthetic Impacts: Sorrel Ridge has protective covenants, which minimize adverse visual impacts while increasing the aesthetic value of the general area. The covenants govern building heights, building materials, exterior colors and structure placement. Attractive landscaping and groundeover will compliment the estates as well as the entry features and detention pond area. Homes will be strategically placed to create view corridors that will facilitate an open airy feeling for both the cstate owners and surrounding property owners. All improvements compliment and follow the existing grade contours so as not to disturb the hillside. 5. Electrical Interference: There are no facilities added to this subdivision that will add electrical disturbances or create electrical interference of any kind. Existing electrical lines will serve the subdivision, thereby requiring no change to the existing electrical infrastructure. CC&R's limit antenna and satellite dish location and height. 6. Water Pollution: A detention pond will cleanse the stone water by allowing time for the sediment to settle and decreasing the peak flow rates during storm events. 7. Wastewater Disposal: Wastewater generated from each individual residence will be treated and maintained on each lot via the use of the Individual Sewage Disposal Systems (ISDS). Boxelder Sanitation District and Weld County both approved of the use of these clean and efficient systems. All such units will comply with the requirements set forth by the Weld County Health Department guidelines and regulations. 8. Wetland Removal: There are no wetland areas existing on this property therefore this does not apply. 9. Erosion and Sediment: Historically, this site has been free of any dramatic erosion or sedimentation due to the moderate levels of natural groundeover growth onsite and the gradual existing grades. There is currently no evidence of erosion or sedimentation occurring. A specific erosion control and landscape plan has been prepared for this project that will ensure the stability of the land. 10. Excavating, Filling and Grading: No overlot or mass grading will be performed on this project. The disruption of this site is minimal and is limited to road grading and ditch installation. Following utility installation, an at grade road is being constructed and paved, which will eliminate any signs of grading. Individual homebuilders will construct and clean onsite as required by State Storm Water Management Plan Permits. Impacts caused by site construction are negligible. 11. Drilling, Ditching and Dredging: There will be no drilling, ditching or dredging necessary to complete the construction of this development. 12. Air Pollution: The Home Owners Association limits and restricts the operation of gross pollution machines and vehicles. There are an estimated 86 vehicle trips per day produced by this subdivision. The amount of air pollution generated by this subdivision is extremely low and will not impact the environment and neighboring homeowners at noticeable and measurable levels. 13. Solid waste: The Home Owners Association requires that the solid waste be removed from the site by a single commercial waste hauler thereby limiting the amount of truck traffic into and from the neighborhood. 14. Wildlife Removal: This site has historically been used for dairy fanning and has been maintained as needed by tractor equipment. Neither does there exist nor has existed any wildlife habitat on this site. Most migrating birds and herds travel along the ridge to the east where the land exists as uninhibited natural open space and wildlife corridors. 15. Natural Vegetation Removal: The natural vegetation on this property is of poor quality and mainly consists of sparse dry land wheat and weeds. Mowing currently controls the natural vegetation. When the road, entrance feature and detention pond are constructed, great care will be given to landscaping to ensure the reintroduction of natural and native vegetation. Upon individual lot building, landscaping and revegetaion will meet or exceed the current plant and groundcover quality. 16. Radiation/Radioactive Material: The geological hazards report for Sorrel Ridge indicates that there is no radioactive substructure or material located beneath or on this site. Additionally, no radioactive materials will be allowed to exist or be stored on site. 17. Drinking Water Sources: The North Weld County Water District is providing a potable water system for this subdivision. Delivery of this water is currently available and is provided by an eight-inch water line in WCR 15. An eight-inch water line will be built as part of the construction phase under the proposed Son-el Ridge Road cul-de-sac with (9) water tap services that extend to the individual estate lots. 18. Traffic Impacts: Weld County Public Works estimates that the (9) residential estate lots will add 86 trips per day to the surrounding transportation infrastructure. This impact will have an insignificant impact on the existing roadways in the area. The proposed cul-de-sac for the subdivision will be a paved local street and will connect to WCR 15. B. SERVICE PROVISION IMPACTS 1. Schools: School services for Sorrel Ridge is provided by Weld County RE-4 School District, which is based in Windsor, Colorado. An agreement has been created that establishes an impact fee of $10,931.13 for the (9) lot additions. The district has also approved the school bus pick-up/drop-off entrance median and pedestrian shelter. This entrance median eliminates the need for a bus turnout on WCR 15. 2. Law Enforcement: The Weld County Sheriffs Department shall provide Law enforcement to the entire subdivision. The Sheriffs Department has reviewed the sketch plan submittal and zone change packages and is supportive of the Sorrel Ridge Homeowners Association that will provide contact information and support to the Department. The subdivision includes amenities that addressed their concerns about subdivision signage, street addressing and accessibility maintenance. The Sheriffs Department has approved the pedestrian shelter, mailbox and signage locations, since the U.S. Postal service and School District RE-4 has already approved those amenities. 3. Fire Protection: Poudre Fire Authority shall provide Fire protection to the entire subdivision. Fire hydrant spacing and locations, roadways, turnarounds and signage have been provided on the plans as required by Poudre fire Authority and have all been approved. 4. Ambulance: The Northern Colorado Ambulance Service shall provide Ambulance services to the residents of Sorrel Ridge. 5. Transportation: WCR 15 and cross streets WCR 84 and 86 provide Regional transportation for Sorrel Ridge. WCR 84 and 15 arc 24' fully paved street sections and WCR 86 is a 24' graded and partially paved street section. WCR 84 and 15 exist within a 60' Right of Way. WCR 86 has had 30' of it's southerly right of way dedicated by the Sage Hill final plat and is currently not maintained by the Weld County Public Works Department. The Final Plat for Sorrel Ridge has dedicated 30' of Right of Way for the east side of Weld County Road 15, which will provide for half of the total section. The proposed Sorrel Ridge Road cul-de-sac shall be a 24' paved street section complete with 4' gravel shoulders and borrow ditch on the north side. Sorrel Ridge Road shall tie into WCR 15. 6. Traffic Impact Study: A traffic impact study was not required by the Weld County Public Works Department because of the minimal impact that this subdivision will have on the existing transportation corridors. 7. Storm Drainage: All storm drain patterns have been maintained by the system installed on site. All flows will drain west as they do historically, and will be directed to a detention pond that will reduce the 5 and 100-year storm events to existing rates before discharging the flow to the existing 12" storm pipe that runs west under WCR 15. The detention pond will settle suspended solids and reduce direct storm flow, thereby improving the quality of runoff. 8. Utility Provisions: All of the jurisdictional utility service providers have been contacted and have approved Sorrel Ridge Estates for service by an actual Line Extension Service Contracts. The jurisdictions have verified that the current systems have ample sizing to accommodate this subdivision. 9. Water Provisions: The North Weld County Water District will provide Water service to all nine lots on the property. A Water Line Extension Agreement has been executed and approved (attached) that states that (9) taps are available and the district via an extended water line under the proposed Sorrel Ridge Road will provide that potable water service. 10. Sewage Disposal Provision: Boxelder Sanitation District has approved the use of Individual Sewage Disposal Systems (ISDS) for this subdivision. Percolation tests have been performed by Earth Engineering Consultants (EEC) and have proven that the soils are suitable for an ISDS on all lots. The Weld County Dept. of Health and Environment has concluded that secondary septic envelopes are unnecessary due to the large lot sizes. Each lot will require site- specific Testing. 11. Structural Road Improvements: All adjacent roadways currently meet or exceed the structural capacity and conditions needed to serve this subdivision. The proposed Sorrel Ridge Road will have a final geotechnical report developed prior to approval of the final roadway section. The section will meet or exceed the typical section specified by the Department of Public Works and Chapter 24 of the Weld County Code. C. LANDSCAPING ELEMENTS Landscaping for Sorrel Ridge consists of the following elements: Landscape Plans: An approved landscape plan has been generated that clearly represents all of the common space structures and foliage that will include but not be limited to fencing, streetscape, detention pond planting and re-vegetation. The plan has been prepared in accordance with Section 27-9-30 of this document. 2. Perimeter Treatment and Buffering: Sorrel Ridge is complimented with several aesthetic appurtenances that add delineation and structure to this subdivision. Slight benning and split rail fences will be placed around the perimeter of the tract, mainly where the subdivision is adjacent to public roadways. Ground cover and landscaping has been provided in and around the entrance features and detention pond. No mineral or gas wells or mines is allowed on-site, thereby removing the need to buffer or hide any unsightly elements. Setback easements for structures have been established to buffer the homes from roadways and pedestrians. 3&4. Maintenance: The Sorrel Ridge Home Owners Association will provide maintenance for all improvements within common space areas. The Home Owners Association will maintain the borrow ditches, detention pond and entrance median. All individual lot owners shall maintain all portions of their respective properties. 5. Irrigation Water: Sorrel Ridge will purchase a share of irrigation water that will be owned and managed by the Sorrel Ridge Homeowners Association. An irrigation system has been designed to allow each individual lot to irrigate from the Cactus Hill Lateral directly to each lot via an underground irrigation system. D. SITE DESIGN 1. Unique Features: The Cactus Hill Lateral Irrigation Ditch is centered on the eastern property line of Sorrel Ridge. We have contacted the North Poudre Irrigation Company and provided them a 25' easement and re-recorded the centerline of the ditch. This ditch can and will irrigate the lots of this subdivision, provided that each individual lot owner wants a share in irrigation water. The ditch provides a buffer between Sorrel Ridge and the natural open space to the east. 2. Ch. 22 Consistency: Sorrel Ridge and the plans and documents submitted for P.U.D. review are thoroughly consistent with the goals and policies of Chapter 22. 3&4. PUD Zone Compatibility: Sorrel Ridge has been approved with Estate Zoning. The property, site location and neighboring properties all clearly confirm that this project is duly compatible with P.U.D. Zoning. The adjacent properties are residential parcels with similar density and agricultural in nature. The subdivision blends well with the existing uses. 5. Hazard Areas: This project does not lie within a Flood Hazard, Geological Hazard or Airport Overlay District. E. COMMON OPEN SPACE USAGE 1. Common Open Space: Sorrel Ridge has been designed to provide 9.49 Acres of common open space that will be dedicated to the homeowners association for the common use of it's members. This acreage amounts to 17.25% of the 55.02 Acres of developable property. The requirement of 15% open space, set at the sketch plan phase, has been exceeded and therefore Sorrel Ridge meets or exceeds its open space obligation to the county and will provide a spacious and enjoyable natural feature to the lot owners. 2. Home Owners Assn: Membership, rules and responsibilities of the Home Owners Association and its members have been executed in strict compliance with this code. A copy of the CC&R's has been provided to the county with this submittal and shall be recorded after the final plat is recorded. F. SIGNAGE 1. On-Site Signage: Traffic control signs and street information signs will be installed at the intersection of WCR 15 and proposed Sorrel Ridge Road. Subdivision identification signage will also be located in the median of the road. G. M.U.D. IMPACT 1. M.U.D. Area: This project is not located within an M.U.D. area. H. INTERGOVERNMENTAL AGREEMENTS IMPACT 1. I.A.I. Impact: This project is not located within an area governed by intergovernmental agreements. We are confident that you will find this PUD to meet or exceed all of the standards set forth by the governing jurisdictions involved with this property. We thank everyone involved and look forward to receiving approval soon. Thank you, Tim Halopoff Managing Member Soaring Skies Ventures, LLC Soaring Skies Ventures, LLC P.O. Box 1245 Fort Collins Colorado 80522-1245 July 7, 2006 Brad Mueller Weld County Planning Department 918 10th Street Greeley, CO 80631 RE: Section 27-7-30.L of the Weld County Code/Sage Hill PUD —PZ 1093 Dear Mr. Mueller, Soaring Skies Ventures, LLC is a group of nine individuals with the financial backing to complete the Sorrel Ridge project without financing if needed. However, financing has been obtained with Adams Bank and Trust in Firestone, CO for the construction costs associated with this development. The estimated costs for the street, waterline, storm drainage facilities, utilities to serve the individual lots and all other facilities necessary to serve the site will be approximately $325,000 or less. In addition, Adams Bank and Trust will be providing a Letter of Credit to assure that the infrastructure will be completed as planned and maintained and/or repaired as required. If you have any questions or concerns, please don't hesitate to call me at 970-215-5299. Thank you, Tim Halopoff Managing Member Soaring Skies Ventures, LLC 3 E 2 en E^ i0, C U v 3 C m rc V o O 0, L 0 O 9re 02 070 O ,. 0 w Y Em O O Z w0, O I t R• V a O V m r. 9 a 16; u c U J u 3 3 w 2 rc , • • (Wolfe, Van Jckern & Cuypers LEP ATTORNEYS AT LAW CENTRE FOR ADVANCED TECHNOLOGY KENNETH C.WOLFS 1008 CENTRE AVENUE WW Id County Planning Department CHERYL LEE VAN ACKERN FORT COLLINS.COLORADO 8o5l� GREELEY OFFICE CHARLES J. CUYPERS JUL 1 7 2006 _July 7, 2006 RECEIVE Sheri Lockman Weld County Planning Department Weld County Department of Planning Services GREELEY OFFICE 918 — 10th Street JUL Greeley, Colorado 80631 1 1 2006 Re: Soaring Skies Ventures, LLC RECEI V E® Title Opinion Dear Ms. Lockman: I have acted as counsel to Soaring Skies Ventures, LLC, a Colorado limited liability company, (the"Developer"), with respect to the real property located in Weld County Colorado that is more particularly described as Lot B, Recorded Exemption No. 0705-05-3- RE 3685 recorded on February 18, 2004 as Reception No. 3154846, being a part of the South One-Half of Section 5, Township 7 North, Range 67 West of the 6th PM, County of Weld, State of Colorado. In rendering the opinions set forth herein, I have examined certain recorded documents, original or copies, certified or otherwise, by which the Developer acquired the above described real property and the Articles of Organization and Operating Agreement for the limited liability company of the Developer, and such other documents, certificates and other records as I have deemed necessary or appropriate as a basis for the opinions set forth herein. In my examination, I have assumed the genuineness of all signatures, the conformity of copies of the documents submitted to me, and the authenticity of such documents. As to any facts material to this opinion that I did not independently establish or verify, I have relied upon oral or written statements and representations of the managers of the Borrower. I am admitted to the practice of law in the State of Colorado and I express no opinion as to the laws of any other jurisdiction other than the laws of the United States of America to the extent referred to specifically herein. Based upon and subject to the foregoing, and the qualifications, limitations and exceptions set forth below, I am of the opinion that: 1. The Developer, Soaring Skies Ventures LLC, is a limited liability company, duly organized, validly existing, and in good standing under the laws of the State of Colorado and has TELEPHONE 970493-8787 FAX 970493-8788 OFFICE@WVC-LAW.COM July 7, 2006 Page 2 recorded a Statement of Authority in the office of the clerk and recorder for Weld County, Colorado on August 25, 2005 at Reception No. 3316855. 2. The Developer has all requisite power to execute, deliver, and perform its obligations under the documents relating to the acquisition of the above-described real property. 3. The Developer owns the above described property in fee simple by virtue of the Warranty Deed from Dyecrest Dairy Limited Liability Company, a Colorado limited liability company, as Grantor, to Soaring Skies Ventures, LLC, a Colorado limited liability company, Grantee, dated September 9, 2005 and recorded in the office of the clerk and recorder for Weld County, Colorado on September 26, 2005 at Reception No. 3325806. 4. To my knowledge, there are no material legal actions or proceedings pending or threatened against or with reference to the Developer, the Property, or any of the members of the Developer, as applicable, before any court, quasi-judicial or administrative body or regulatory agency. 5. The execution and delivery of the Final Plat, Development Agreement, Declaration of Covenants, Conditions and Restrictions and related documents by Developer does not violate, conflict with, result in a breach of or default under any applicable statute, regulation, rule, order, or other legal requirement applicable to Developer or any agreement by which Developer is bound. 6. The title of Soaring Skies Ventures, LLC, in the above-described real property is subject to the following: a. Rights or claims of parties in possession not shown by the public records. b. Easements, or claims of easements, not shown by the public records. c. Discrepancies, conflicts in boundary lines, shortage in area, encroachments and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. d. 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. e. Taxes for the year 2006, and subsequent years only, not yet due and payable. f Rights of way, whether in fee or easement only, for county roads 30 feet wide on each side of section and township lines as established by Order of the Board of County Commissioners for Weld County, recorded October 14, 1889 in Book 86 at Page 273. g. Reservations by the Union Pacific Railroad Company of(1) all coal and other minerals underlying subject property, (2) the exclusive right to prospect for, mine and remove coal and other minerals, and (3) the right of ingress and egress and regress to prospect for, mine and remove coal and other minerals, all as contained in Deed recorded July 7, 2006 Page 3 November 3, 1906 in Book 233 at Page 58, and any interests therein or rights thereunder; subject to the Relinquishment and Quitclaim from Anadarko Land Corp., formerly known as Union Pacific Land Resources Corporation, Grantor, and Soaring Skies Ventures LLC, Grantee, dated March 2, 2006 and recorded in the office of the clerk and recorder for Weld County, Colorado on March 9, 2006 at Reception No. 3369257; and, subject to the Memorandum of Agreement from Anadarko Land Corp., formerly known as Union Pacific Land Resources Corporation, and Soaring Skies Ventures LLC, dated December 5, 2005 and recorded in the office of the clerk and recorder for Weld County, Colorado on March 9, 2006 at Reception No. 3369258. h. Cactus Hill Ditch Extension of Cowan Ditch No. 1, and any and all rights of way therefore, as evidenced by Map and Statement filed September 28, 1907 as Reception No. 122760, in which the specific location is not defined. i. Right of way, whether in fee or easement only, for electric line or system and appurtenances, granted to Poudre Valley Rural Electric Association by Duane Aranci and Marlane J. Aranci by instrument recorded April 3, 1980 in Book 899 as Reception No. 1821265, in which the specific location of the easement is not defined. J. Matters as shown in Land Survey Plat recorded August 10, 1999 as Reception No. 2713134. k. Terms, agreements, provisions, conditions, obligations and easements as contained in Use by USR No. 1289 recorded August 22, 2001 as Reception No. 2876924. 1. Request for Notification of Surface Development recorded May 28, 2002 as Reception No. 2954952. m. Tunis, agreements, provisions, conditions, obligations and easements as contained in Recorded Exemption No. 0705-05-3-RE-3685, recorded February 18, 2004 as Reception No. 3154846. n. Any question, dispute or adverse claims as to any loss or gain of land as a result of any change in the river bed location by other than natural causes, or alteration through accretion, reliction, erosion or avulsion of the center thread, bank, channel or flow of waters in the Cactus Hill Ditch lying within subject Land; and any question as to the location of such center thread, bed,bank or channel as a legal description monument or marker for purposes of describing or locating subject lands. NOTE: There are no documents in the land records of the office of the Clerk and Recorder of Weld County, accurately locating past or present location(s) of the center thread, bank, bed or channel of the above ditch or indicating any alterations of the same as from time to time may have occurred. July 7, 2006 Page 4 o. Matters of Survey including but not limited to Notes and Areas of Concern as shown in ALTA/ACSM Land Title Survey prepared by J.R. Engineering, LLC, dated June 24, 2005 under Job No. 39450.01 p. Deed of Trust from Soaring Skies Ventures, LLC, a Colorado limited liability company to the Public Trustee of the County of Weld for the use of Adams Bank & Trust dated June 2, 2006 and recorded June 15, 2006 at Reception No. 3396426. q. Easement and Right of Way Agreement between Soaring Skies Ventures. LLC, Grantor, and The North Poudre Irrigation Company, Grantee, dated December 1, 2005 and recorded in the office of the clerk and recorder for Weld County, Colorado on February 1, 2006 at Reception No. 3359473. The opinion set forth above is subject to the following qualifications: a. This opinion is issued solely for the benefit of Weld County, State of Colorado. b. This opinion is provided as a legal opinion only and not as guaranty or warranty of the matters discussed herein. c. As to matters of fact material to this opinion, I have relied, after due inquiry, upon the public records of Weld County and the State of Colorado, as well as matters of which this writer has personal knowledge. I have no actual knowledge or reason to believe any the documents on which this opinion is based are untrue or incomplete in any material respect. This opinion may not be relied upon for any other purpose and is not to be used, circulated, quoted or relied upon by any other person, firm or entity for any purpose without my prior express written consent. Sincer yours, Charles J. Cuypers CJC:s pc: Tim Halopoff Susan Joy VJ.44 .,/ 1, II U4-Uf-/UUfl 1 !l•!LI!'L" 'dsJ4"11111111111111111 III 1111111111111 855 1 of 1 R 6.00 0 0.00 Steve Moreno Clerk& Recorder STATEMENT OF AUTHORITY (§38-30-172, C.R.S.) 1. This Statement of Authority relates to an entity named Soaring Skies Ventures, LLC. 2. The type of entity is a limited liability company: 3. The entity is formed under the laws of Colorado. 4. The mailing address for the entity is P.O. Box 1245, Fort Collins, Colorado 80522-1245. 5. The name and position of each person authorized to execute instruments conveying, encumbering, or otherwise affecting title to real property on behalf of the entity is: Timothy J. Halopoff, Member/Manager. 6. The authority of the foregoing person to bind the entity is not limited. 7. This statement of Authority is executed on behalf of the entity pursuant to the provisions of§38-30-172, C.R.S. Executed this 2 3"day of August, 2005. Soaring Skies Ventures, LLC By: Timothy opo Me / anager STATE OF COLORADO COUNTY OF WELD The foregoing instrument was acknowledged before me this Z=a day of August, 2005, by Timothy J. Halopoff, as Member/Managers of Soaring Skies Ventures, LLC. Witness my hand and official seal. My commission expires: /(- 2 2OO S \`\\'\P� ` EtSENq�y•'I • *utz*Th •��®•� •fir: • Notary Public ? puB�. . pp d>, •.2: After recording,return to. LLP /��/O1111111O� O```` Wolfe,Van Ackern 8 Cu 1008 Centre Avenue Fort Collins,Colorado 80526 • en � C p 0 t u At u) ,,:....,, c..._ 03) zd. ta o cn 0 v L G G d ii i LO '� 3 d' i ! ftu1 C .4 -_p ** co d � , '� d a: e. r: O tan .�,, i g L __, cs‘ , , , : ,, ...,.,„,„i) ..„, )? „ ).... , .t a 5., e: ,.:::: ,) . , g. .: ,,,, ;i': .. iii i..1) ♦c —c- -' Ian .," ,./) v 'qt t ` e'. _ w ?"l, d 1--I ii 2,r rata b,'.'4'i r ib,+ --41,1/4c{412- ','''-: 1 C P " rr �,< a x"�a,�+�' `§: r re gum '. tr " t w ay ,7i ' '/''''','n _-..;...4: f / .t`v, ,F a % . 3+-- , `k4r- '' �J .. . tn'iM '' 't 'er = ' ''',4 „, A,`ti. 1,%.,',' q.. er ?t41., -�'yg'. ie...k Y '�y e,, --lc-A.el` .tip -, ', ,;;44.,71:4‘.-.„,a, Y'y y',`h,. �..G- e 6 ' ° �" -:!£n'N LLft "''' `.4. rt'E��SJ.,,,,--.1.(..2....z.-.-„.,.4K ` .n. ctd.�"} +a"z.. :. �.+r3 rz � �5� ii`r'Y,wiu�'�se. �� - «.,.a1`a `W' JUN-28-2008 WED 01 57 P11 • FAX NO. • P. 02 WELD COUNTY TREASURER 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 Pri9r tax liens currently due arid payable connected with the parcel(s) identified therein have been paid in full. • Si Ined 22\ . // �) WELD COUNTY, COLORADO DEPARTMENT OF PLANNING SERVICES 918 101H STREET GRELEY, CO 80631 PHONE: 970-353-6100, EXT.3540 /FAX: 970-304 6498 20 Receipt No. . .r 7 Date: r ,t_t3 I, r: Received From: No, Description Fee Permit Type 4221 REISE 4221-USR 4221-SITE PLAN REVIEW 4221-CHANGE OF ZONE 4221-PUD 4221-MINOR/MAJOR SUB #OF BUILDABLE LOTS 42 FRI 30% ■ - FEE FOR SUBR SUB's 4221-RE-SUBDIVISIONS - 4221-BOA 4291-FHDP/GHDP 4430-MAPS/ POSTAGE - 4430-COPIES - 4730-INVESTIGATION FEE c,00-RECORDING FEE`, i MISC. TOTALFFE —i F,SFI CHECK NO.�-- ,eipted By. DLExp. JUN-28-2006 WED 01 :57 PM • FAX NO. • P. 01 Report Date; 06/28/2006 01.:SGPM WELD COUNTY TREASURER Page: 1 STATEMENT OF TAXES DUE _ SCHEDULE NO: R2846904 ASSESSED TO: SOARING SKIES VENTURES LLC 2815, SECCOMB ST PO BOX 1245 FORT COLLINS, CO 80526 LEGAL DESCRIPTION: PT 5-7-67 LOT B REC EXEMPT RE-3685 (.39D) PARCEL: j 070505300018 SITUS ADD: TAX YEAR CHARGE TAX AMOUNT INTEREST FEES PAID TOTAL DUE 2005 I TAX 626.98 0.00 0.00 626.98 0.00 0.00 TOTAL TAXES ... GRAND TOTAL DUE GOOD THROUGH 06/28/2006 0.00 ORIGINAL TAX BILLING FOR 2005 TAX DISTRICT 2411 - Authority Mill Levy Amount Values Actual Assessed WELD COUNTY 17.900 129.25 AGRICULTUR 24,891 7,220 SCITOOL I)IST RE4 48,735 351.86 ----------'--'- NCW WATER 1.000 7.22 TOTAL 24,891 7,220 NWC WATER 0.000 0.00 POUDRE ✓ALL FIRE 9.301 67.15 AIMS JU1 IOR COL 6.357 45.90 WINDSOR LIBRARY 3.546 25.60 II ^ ^ TAXES FOR 2005 86.839 626.98 ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OP CURRENT TAXES BY THE LIENHOLDER OR TO AD ERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL,NEED TO tlE CONTACT iD PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY AND MOBILE HOMES -AUGUST 1, REAL PRO'. ERTY -AUGUST 1. TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIERS CHECK. P.O. Box 58 Greeley, CO 80632 (970) 353-13845 ext. 3290 IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS (PUBLIC ROAD MAINTENANCE) THIS AGREEMENT. made and entered into this day of , 20 , by and between the County of W eld, State of Colorad o,acting through its Board of County Commissioners,hereinafter c ailed"County," and Se7o,—II nrJs ✓..7�a reS/�C, hereinafter called "Applicant." WITNESSETH: WHEREAS,Applicant is the owner of, or has a controlling interest in the following described property in the County of Weld. Colorado: Lot e, of IZECo2DED EiEMpTIo.J :# 36a 5; 13Et,J(a A PAR'r oF T7+E 5oun-1 %z of 5ecn095r ToW,J5r-ttP AlottiH, RANAC C) . EsT oF m-t Cork C l t., WELD CJJNry Lo l D LA OO • WHEREAS, a final Subdivision/Planned Unit Development (PUD) Plat of said property, to be known as SQL �tQrg� has been submitted to the County for approval; and WHEREAS,relevant Sections of the Weld County Code provide that no Subdivision Final Plat,Planned Unit Development Final Plat, or Site Plan shall be approved by the County until the Applicant has submitted a Subdivision Improve ments Agreement guaranteeing the construction of the public improvements shown on plans,plats and supporting docum ents of the Subdivision Final P lat,Planned Unit Dev elopment Final Plat,or Site Plan,which improvements,along with a time sche dule for completion,are listed in Exhib its "A" and "B" of this Agreement. N OW,THEREFORE,IN CONSIDERATI ON OF the foregoing and of the acceptance and approval of said Final Plat, the parties hereto prom ise, covenant and agree as follows: 1.0 Engineering Services: Applicant shall furnish,at its own expense, all en gineering services in connection with the design and construction of the Subdivision or Planned Unit Development improvements listed on Exhibit "A," which is attached hereto and incorporated herein by reference. 1.1 The required engineering services shall be performed by a Professional Engineer and Land Surveyor registered in the State of Colorado,and shall conform to the standards and criteria established by the County for public improvements. 1.2 The required engineering services shall consist of, but not be limited to, surveys, designs,plans and profiles, estimates, construction supervision, and the submission of necessary documents to the County. 1.3 Applicant shall furnish drawings and cost estimates for roads within the Subdivision o r Planned Unit Development to the County for approval prior to the letting of any constmction contract Before acceptance of the roads within the Subdivision or Planned Unit Development by the County,Applicant shall furnish one set of reproducible "as-built" drawings and a final statem ent of constru ction cost to the County. 2.0 Rights-of-way and Easements: Before commencing the construction of any improvements herein agreed upon, Applicant shall acquire, at its own expense, good and sufficient rights-of-way and easements on all lands and facilities traversed by the proposed improvements. All such rights-of-way and easements used for the construction of roads to be accepted by the County shall be conveyed to the County and the documents of conveyance shall he furnished to the County for recording. 3.0 Construction: Applicant shall furnish and install, at its own expense, the Subdivision or Planned Unit 1 Development improvements listed on Exhibit "A," which is attached hereto and incorporated herein by reference,according to the construction schedule set out in Exhibit"B" also attached hereto and incorporated herein by reference. 3.1 Said construction shall be in strictconformance to the plans and drawings approved by the County and the specifications adopted by the County for such public improvements. Whenever a Subdivision or Planned Unit Development is proposed within three miles of an incorporated community located in Weld County or located in any adjacent county, the Applicant shall be required to install improvements in accordance with the requirements and standards that would exist if the plat were developed within the corporate limits of that community. If the incorporated community has not adopted such requirements and standards at the time the Subdivision or Planned Unit Development is proposed, the requirements and standards of the County shall be adhered to. If both the incorporated community and the County have requirements and standards, those requirements and standards that are more restrictive shall apply. 3.2 Applicant shall employ, at its own expense,a qualified testing company previously approved by the County to perform all testing of materials or construction that is required by the County; and shall furnish copies of test results to the County. 3.3 At all times during said construction, the County shall have the right to test and inspect,or to require testing and inspection of material and work, at Applicant's expense. Any material or work not conforming to the approved plans and specifications shall be removed and replaced to the satisfaction of the County at Applicant's expense. 3.4 Applicant shall furnish proof that proper arrangements have been made for the installation of sanitary sewer or septic systems, water, gas, electric and telephone services. 3.5 Said Subdivision or Planned Unit Development improvements shall be completed, according to the terms of this Agreement, within the construction schedule appearing in Exhibit "B." The Board of County Commissioners, at its option, may grant an extension of the time of completion shown on Exhibit"B" upon application by the Applicant subject to the terms of Section 6 herein. 4.0 Release of Liability: Applicant shall indemnify and hold harmless the County from any and all liability loss and damage Countymay suffer as a result of all suits,actions or claims of every nature and description caused by,arising from,or on account of said design and construction of improv ements,and pay any and all judgments rendered againstthe County on account of any such suit,action or claim,together with all reasonable expenses and attorney fees incurred by County in defending such suit, action or claim whether the liability, loss or damage is caused by,or arises out of the negligence of the County or its officers, agents, employees, or otherwise except for the liability, loss, or damage arising from the intentional torts or the gross negligence of the County or its employees while acting within the scope of their employment. All contractors and other employees engaged in construction of the improvements shall maintain adequate worker's compensation insurance and public liability insurance coverage, and shall operate in strict accordance with the laws and regulations of the State of Colorado governing occupational safety and health. 5.0 Off-Site Improvements Reimbursement Procedure: The subdivider,applicant,or owner maybe reimbursed for off-site road improvements as provided in this section when it has been determined by the Board of County Commissioners that the road facilities providing access to the Subdivision or Planned Unit Development are not adequate in structural capacity,width,or functional classification to support the traffic requirements of the uses of the Subdivision or Planned Unit Development. 5.1 The subdivider, applicant, or owner shall enter into an off-site improvements agreement prior to recording the finalplat when the subdivider,applicant,or owner expectsto receive reimbursement for part of the cost of the off-site improvements. 5.2 The off-site improvements agreement shall contain the following: 2 The legal description of the property to be served. The name of the owner(s)of the property to be served. - A description of the off-site improvements to be completed by the subdivider,applicant,or owner. The total cost of the off-site improvem ents. The total vehicular trips to be generated at build-out by the Subdivision, Resubdivision, or Planned Unit Development,as specified by the ITE Trip Generation Manual,or by special study approved by the Board of County Commissioners. A time period for completion of the off-site improvements. The terms of reimbursement. - The current address of the person to be reimbursed during the term o f the agreement. - Any off-site improvements agreement shall be made in conformance with the Weld County policy on collateral for improvements. 5.3 If the subdivider. applicant, or owner fails to comply with the improvements agreement, the opportunity to obtain reimbursement under this section is forfeited. 5.4 When it is determined by the Board of County Commissioners that vehicular traffic from a Subdivision,Resubdivision,or Planned Unit Development will use a road improvement constructed under an improvem ents agreem ent,the subseq uent subdivider,applic ant,or owner shall reimburse the original subdivider, applicant, or owner, for a portion of the original construction cost. In no event shall the original subdivider, applicant, or owner collect an amount which exceeds the total cost of improvements less the pro rata share of the total trip impacts generated by the original development. Evidence that the original subdivider, applicant, or owner has been reimbursed by the subsequent subdivider, applicant or owner shall be submitted to the Department of Planning Services prior to recording the Subdivision, Resubdivision, or Planned Unit Development Final Plat. 5.5 The amount of road improvement costs to be paid by the subsequent subdivider, applicant, or owner of a Subdivision, Resuhd ivision, or Planned Unit Development using the road improvements constructed under a prior improvement agreement will be based upon a pro rata share of the total trip impacts associated with the number and type of dwelling units and square footage and type of nonresidential developments intended to use the road improvement. The amount of road improvement costs shall also consider inflation asmeasured by the changes in the ColoradoConstruction Costlndex used by the Colorado Division of Highways. The cost of road improvements may be paid by cash contribution to the prior subdivider, applicant or owner, or by further road improvements which benefit the prior subdivider, applicant, or owner's property. This decision shall be at the sole discretion of the Board of County Commissioners based upon the need for further off-site road improvements. 5.6 The report entitled TRIP GENERATION (Third Edition, 1982) of the institute of Transportation Engineers shall normally be used for calculating a reasonable pro rata share of the road improvement construction costs for all Subdivisions.Resubdivisions, or Planned Unit Developments. A special transportation study shall be used for land uses not listed in the ITE Trip Generation Manual. Any question about the number of trips a Subdivision, Resuhd ivision,or Planned Unit Development will generate shall be decided by the County Engineer. 5.7 The term for which the subdivid er,applicant,or owner is entitled to reimbursement un der the off-site improvements agreement entered into between the subdivider and the County, is ten years from the date of execution of a contract for road improvements. 5.8 This provision is not intended to create any cause of action against Weld County or its officers or employees by any subdivider,applicant, or owner for reimbursement, and in no way is Weld County to be considered a guarantor of the moniesto be reimbursed by the subsequent subdividers,applicants, or owners. 3 6.0 Acceptance of Streets for Maintenance b v the County: Upon compliance with the followingprocedures by the Applicant,streets within a Subdivision or Planned Unit Development may be accepted by the County as a part of the County road system and will be maintained and repaired by the Cou my. 6.1 If desired by the County, portions of street improvements may be placed in service when completed according to the schedule shown on Exhibit "B," but such use and operation shall not constitute an acceptance of said portions. 6.2 County may, at its option, issue building permits for construction on lots for which street improvements detailed herein have been started but not completed as shown on Exhibit"B,"and may continue to issue building permits so long as the progress of work on the Subdivision or Planned Unit Development improvements in that phase of the development are satisfactory to the County; and all terms of this Agreement have been faithfully kept by Applicant. 6.3 Upon completion of the construction of streets within a Subdivision or Planned Unit Development and the filing of a Statement of Substantial Compliance, the applicant(s) may request in writing that the County Engineer inspect the streets and recommend that the Board ofCounty Commissioners accept them for partial maintenance by the County. Partial maintenance consists of all maintenance except for actual repair of streets,curbs and gutters, and related street improvements. Not sooner than nine months after acceptance for partial maintenance of streets, the County Engineer shall, upon request by the applicant, inspect the subject streets, and notify the applicant(s) of any deficiencies. The County Engineer shall reinspect the streets after notification from the applicant(s)that any deficiencies have been corrected. If the County Engineer finds that the streets are constructed accordin g to County standards, he shall recommend acceptance of the streets for full maintenance. Upon a receipt of a positive unqualified recommendation from the County Engineer for acceptance of streets within the development, the Board of County Commissioners shall accept said streets as public facilities and County property, and shall be responsible for the full maintenance of said streets including repair. 7.0 General Requirements for Collateral: 7.1 The value of all collateral submitted to Weld County must be equivalent to One-Hundred percent (100%) of the value of the improvem ents as shown in this Agreement. Prior to Final Plat approval, the applicant shall indicate which of the five types of collateral preferred to be utilized to secure the improvements subject to final approval by the Board ofCounty Commissioners and the execution of this Agreement. Acceptable collateral shall be submitted and the plat recorded within six (6)months of the Final Plat approval. If acceptable collateral has not been submitted within six (6)months then the Final Plat approval and all preliminary approvals shall automatically expire. An applicant may request that the County extend the Final Plat approval provided the cost estimates are updated and the development plans are revised to comply with all current County standards, policies and regulations. The improvements shall be completed within one(1)yearafter the Final Plat approval(not one year after acceptable collateral is submitted) unless the applicant(s) requests that this Agreement be renewed at least thirty (30) days prior to its expiration and further provides that cost estimates for the remaining improvements are updated and collateral is provided in the amount of One-Hundred percent(100%)of the value of the improvements remaining to be completed. If improvements are not completed and the agreement not renewed within these time frames, the County,at its discretion,may make demand on all or a portion of the collateral and take steps to see that the improvements are made. 7.2 The applicant may choose to provide for a phased development by means of designating filings of a Planned Unit Development Final Plan or Subdivision Final Plan. The applicant would need only to provide collateral for the improvem ents in each filing as approved. The County will place restrictions on those portions of the property that are not covered by collateral which willprohibit the conveyance of the property or the issuance of building permits until collateral is provided or until improvements are in place and approved pursuant to the req uirements for a Request for Release of Collateral. 7.3 The applicant intends to develop in accordance with Exhibits "A" and "B." The costs of the improvements described in Exhibit "A" will be adjusted higher or lower for the year and quarter in 4 which the contemplated work is being performed based on "The State Highway Bid Price Index" contained in the "Quarterly Cost Report" of The Engineering News-Record as published by The McG raw-Hill Companies. The applicant has provided costestimates feral)phases of the development which will be adjusted in accordance with The State Highway Bid Price Index at the time of posting of collateral for each phase. 8.0 Improvements Guarantee: The five types of collateral listed below are acceptable to Weld County subject to final approval by the Board of County Commissioners. 8.1 An irrevocable Letter of Credit from a Fed eral or State licensed financial institution on a form approved by Weld C ounty. The Letter of Credit shall state at least the following: 8.1.I The Letter of Credit shall be in an amount equivalent to One-Hundred percent(100%)of the total value of the improvements as set forth in Section 6.0 and Exhibits "A" and "B." 8.1.2 The Letter of Credit shallprovide for payment upon demand to Weld Countyi f the developer has not performed the obligations specified in the Improvements Agreement and the issuer has been notified of such default. 8.1.3 The applicant may draw from the Letter of Credit in accordance with the provisions of this policy. 8.1.4 The issuer of the Letter of Credit shall guarantee that, at all times, the unreleased portion of the Letter of Credit shall be equal to a minimum of One-Hundred percent (100%) of the estimated costs of completing the uncompleted portions of the required improvements,based on inspections of the development by the issuer. In no case shall disbursement for a general improvement item exceed the cost estimate in the Improvements A greement (i.e., streets, sewers, water mains and landscaping, etc.). The issuer of the Letter of Credit will sign the Improvements Agreement acknowledging the agreement and its cost estimates. 8.1.5 The Letter of Credit shall specify that fifteen percent (15%) of the total Letter of Credit amount cannot be drawn upon and will remain available to Weld County until released by Weld County. 8.1.6 The Letter of Credit shall specify that the date of proposed expiration of the Letter of C redit shall be either the date of release by Weld County of the final fifteen percent (15%),or one year from the date of Final Plat approv al, whichever occurs first. Said letter shall stipulate that, in any event, the Letter of Credit shall remain in full force and effect until after the Board has received sixty (60) days written notice from the issuer of the Letter of Credit of the pending expiration. Said notice shall be sent by certified mail to the Clerk to the Board of County Commissioners. 8.2 Trust Deed upon all or some of the proposed development or other property acceptable to the Board of County Commissioners provided that the following are submitted: 8.2.1 In the event property within the proposed development is used as collateral, an appraisal is required of the property in the prop osed development by a disinterested Member of the American Institute of Real Estate Appraisers (M.A.1.) indicating that the value of the property encumbered in itseurrent degreeofdevelopment is sufficient to cover One-Hundred percent(100%)o f the cost of the improvements as set forth in the Improvements Agreement plus all costs of sale of the property. 8.2.2 In the event property other than the property to be developed has been accepted as collateral by Weld County. then an appraisal is required o f the property by a Member of the Institute of Real Estate Appraisers (M.A.1.) indicating that the value of the property encumbered in its current state of development is sufficient to cover One-Hundred percent (100%) of the 5 • cost of the improvements as set forth in the Improvements Agreement plus all costs of sale of the property. 8.2.3 A title insurance policy insuring that the Trust Deed creates a valid encumbrance which is senior to all other liens and encumbrances. 8.2.4 A building permit hold shall be placed on the encumbered property, 8.3 Escrow Agreement that provides at least the following: 8.3.1 The cash in escrow is at least equal to One-Hundred percent (100%)of the amountspecified in the Impro vements A greement. 8.3.2 The escrow agent guarantees that the escrowed funds will be used for improvements as specified in the agreement and for no other purpose and will not release any portion of such funds without prior appro val of the Weld County Board of Commissioners. 8.3.3 The escrow agent will be a Federal or state-licensed bank or financial institution. 8.3.4 If Weld County determines there is a default of the Improvements Agreement, the escrow agent,upon request by the County,shall release any remaining escrowed funds to the County. 8.4 A surety bond given by a corporate surety authorized to do business in the State of Colorado in an amount equivalent to One-Hundred percent(100%) of the value of the improvements as specified in the Improvements Agreement. 8.5 A cash deposit made with the County equivalent to One-Hundred percent(100%)of the value of the improvements. 9.0 Request for Release of Collateral: Prior to release of collateral for the entire project or for a portion of the project by Weld County, the Applicant must present a Statement of Substantial Compliance from an Engineer registered in the State of Colorado that the projector a portion of the project has been completed in substantial compliance with approved plans and specifications documenting the following: 9.1 The Engineer or his representative has made regular on-site inspections during the course of construction and the construction plans utilized are the same as those approved by Weld County. 9.2 Test results must be submitted for all phases of this project as per Colorado Department of Transportation(CDOT) Schedule for minimum materials sampling, testing and inspections found in CDOT Materials Manual. 9.3 "As-built" plans shall be submitted at the time the letter requesting release of collateral is submitted. The Engineer shall certify that the project"as-built" is in substantial compliance with the plans and specifications as approved, or that any material deviations have received prior approval from the County Engineer. 9.4 The Statements of Substantial Compliance must be accompanied, if appropriate, by a letter of acceptance of maintenance and responsibility by the appropriate utility company, special district or town for any utilities. 9.5 A letter must be submitted from the appropriate Fire Authority indicating the fire hydrants are in place in accordance with the approved plans. The letter shall indicate ifthe fire hydrants are operational and state the results of fire flow tests. 9.6 The requirem ents in Sections 9.0 thru 9.5 shall be noted on the final construction plans. 6 9.7 Following the submittal of the Statement of Substantial Compliance and recommendation of acceptance of the streets for partial maintenance by the County, the applicant(s)may req uest release of the collateral for the project or portion of the project by the Board. This action will be taken at a regularly scheduled public meeting of the Board. 9.8 The request for release of collateral shall be accompanied by "Warranty Collateral" in the amount of fifteen percent (15%) of the value of the improvements as shown in this Agreement excluding improvements fully accepted for maintenance by the responsible governmental entity, special district or utility company. 9.9 The warranty collateral shall be released to the applicant upon final acceptance by the B oard ofC ounty Commissioners for full maintenance under Section 5.3 herein. 10.0 Public Sites and Open Spaces: When the Board of CountyCommissioners,pursuant to a rezoning, Subdivision or Planned Unit Development, requires the dedication,development and/or reservation of areas or sites other than Subdivision or Planned Unit Development streets and utility easements ofa character, extent and location suitable for public use for parks,greenbelts or schools, said actions shall be secured in accordance with one of the following alternatives,or as specified in the Planned Unit Development plan, if any: 10.1 The required acreage,as may be determined by relevant Sections of the Weld County Code,shall be dedicated to the County or the appropriate school district, for one of the above purposes. Any area so dedica ted shall be maintained by the County or school district. 10.2 The required acreage,as determined by relevant Sections of the Weld County Code may be reserved through deed restrictions as open area, the maintenance of which shall be a specific obligation in the deed of each lot within the Subdivision or Planned Unit Development. 10.3 In lieu of land, the County may require a payment to the County in an amount equal to the market value at the time of Final Plat submission of the required acreage as determined by relevant Sections of the Weld County Code. Such value shall be determined by a competent land appraiser chosen jointly by the Board and the Applicant. The cash collected shall be deposited in an escrow account to be expended for parks at a later date. 11.0 Successors and Assigns: This Agreement shall be binding upon the heirs,executors,personal representatives, successors and assigns of the Applicant,and upon recording by the County,shall be deemed a covenant running with the land herein described, and shall be binding upon the successors in ownership of said land. 7 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year first above written. APPLICANT: /��'� � APPLICANT:____) sr14`, 5. 14 e��of4_ PE- TITLE: t14NAGz (_ _M s.4_ i°` Subscribed and sworn to before me this q day of 0C--TD i--- , 20O1V . �\P.\ SEAk 1/4 ` �' ,OTAP,y My Commission expires: � C- NotaryPublicSi ��® :* PUMA :0%S. ATTEST: BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Weld County Clerk to the Board , Chair BY: Deputy Clerk to the Board APPROVED AS TO FORM: County Attorney S EXHIBIT "A" Name of Subdivision R C p 1 rC or Planned Unit Development SO R EL tl TE Filing: 9 LOT Pb'.0 } CSTRTG 20A lia D Location: f4ST sine OF I,vCR ISJ A/oPTli or LVCPSN + sov1H 01 WC li 86 Intending to be legally bound, the undersigned Applicant hereby agrees to provide throughout this Subdivision or Planned Unit Development the following improvements. (Leave spaces blank where they do not apply.) Improvements Quantity Units Unit Estimated Construction Costs Cost Site grading 9,OC10 etr' Vilcq, V 24)c700 — Street grading 1-/CCO C V JNl+t)tth I: III 0O0 L Street base 0,500 TO'! Et/taw ISY( cCC ' Street paving A 9CG' S it IIA U y 97/ 96 0 «, Curbs, gutters,and culverts Sidewalk Storm sewer facilities 6 (Alp 5 /,)&oo/mp gt 7, 106' °-2- Retention ponds/STRUCrugr S I fA f4Sc.,a/fA -' N,Sew 'a Ditch Improvements Subsurface drainage QUS SHFI-T I EA I).7,c004,-... c'r/o 2,2 1 2, +Ft 904 I M IIIS00%4 P 17SCJo Mo.V uy E4'r/ SL ire I EA /2.o'da a P 7rr✓o— Laterals (house connected) On-site sewage facilities On-site water supply and storage Water Mains (includes bore) OI?Oc' bp :11 rt-i'S/jp ti 41,020-S- Fire hydrants 5 EA P Liz/FA V clt 7S0cc-- Survey and street monuments and boxes j EA D 1)9A7/FA 11 I, !`P0 °— Street lighting Street Names I EA II 72)/FA 91 725 Cc-- Fencing requirements Landscaping/;'gEoTv - I EA P J' arii1F,¢ 5 jq,c/vo Park improvements I f4 if S,G','c'16.4 11 8,0rie ' Road culvert Grass lined Swale/yf/'I I EA f33Ui.c164 .7 Slot 0 -"- Telephone 9 c, P GG'f5 � 1 a'/r-A -' 90cra�=. Gas ls:v 6F I1 6/y P is/ex: `� Electric 9 [CT) ti 7woitdi I 21d 01: y • Water transfer SUB-TOTAL: y 3 Qs, L6d '"-- Engineering and Supervision Costs S 3cl/569 (Testing,inspection,as-built plans and work in addition to preliminary and final plat; supervision of actual construction by contractors) TOTAL ESTIMAT ED COST OF IMPROVEMENTS AND SUPERVISION S i-j 351216' 9 The above improvements shall be constructed in accordance with all County requirements and specifications, and conformance with this provision shall be determined solely by Weld County, or its duly authorized agent. Said improvements shall be completed according to the construction schedule set out in Exhibit "B." By: Applicant Tifta1 T. l--A-,_ce fy PE Applicant --Ml CimiL /'l.sro,_SJp!e_ Date: Or tv,f-2 7 , 2 0 o 4,. Title (If corporation, to be signed by President and attested to by S ecretary, together with corporate seal.) 10 EXHIBIT "B" Name of Subdivision C p or Planned Unit Development Sa 2ya�c I Or4e Filing: j for BO. D ESTA-r a.zti e Location: .A5r Soo_,__of c1(_15, /11°2314 of V4L2__54, AJo Soma or 1.4cit Q All improvements shall be completed within_ / _years from the date of approval of the final plat. Construction of the improvements listed in Exhibit"A" shall be completed as follows: (Leave spaces blank where they do not apply.) Improvements Time for Completion Site grading a W KS Street grading 2 Ws-s Street base 2.. Wkc Street paving I WIC Curbs. gutters, and culverts Sidewalk MIA Storm sewer facilities 2—w re5 Retention ponds 2 W td • Ditch improvements /1 Subsurface drainage (A Sanitary sewers WA Trunk and forced lines N/A Mains N/A Laterals (house connected) N(A On-site sewage facilities MtA On-site water supply and storage NIA Water mains 5 Wks Fire hydrants Survey and street monum ents and boxes I Wt.( Street lighting N/A Street name signs ( Dory Fencing requirements Ig/A Landscaping 3w Park improvements 2 L,/6(S Road culvert N�A Grass lined swale I .1It( Telephone y WI`i- Gas 4 Wss Electric 4 Wks Water transfer /A SUB-TOTAL: 34 wl`s 11 The County,at its option,and upon the request of the Applicant.may grant an extension of time for completion for any particular improvements shown above, upon a showing by the Applicant that the above schedule cannot be met. By: Applicant Applicant A.v4C r./L t n. Lrt Date: a-ro g_sc 1 , 20 a:, . Title (If corporation, to be signed by President and attested to by S ecretary. together with corporate seal.) 12 Sorrel Ridge Final Plat recordation (PF 1099) Page 1 of 1 Brad Mueller From: Drew Scheltinga Sent: Wednesday, November 01, 2006 10:51 AM To: Brad Mueller Cc: HalopofT@JREngineering.com; Brian Varrella Subject: PF-1099 Sorrel Ridge Brad All requirements of Public Works Department have been met by the applicant. The Improvements Agreement will have to be approved by the Commissioners prior to recording the plat. I have the original Improvements Agreement and will send it to you through inter-office mail. I have spoken to Tim Halopof and he will provide the surety to you for review by the County Attorney and attachment to the agreement prior to placing it on the Commissioners agenda. Call if you have any questions. Drew Scheltinga, P. E. Weld County Public Works Department 1111 H Street P. O. Box 758 Greeley, CO 80632 970-304-6496 X3750 dscheltinga@co.weld.co.us 11/01/2006 (NJ 0as-r EXHIBIT "A" Name of Subdivision SOAR E L i T O&-E or Planned Unit Development Filing: q LOT QU.n. _ (STATE 201/ED Location: __VIST SIDE OF IULR _I5) _koRTH OF U/U234 SooTN OF VA Sb Intending to be legally bound,the undersigned Applicant hereby agrees to provide throughout this Subdivision or Planned Unit Development the following improvements. (Leave spaces blank where they do not apply.) Improvements Quantity Units Unit Estimated Construction Costs Cost Site grading coca C T3/e V lt),C100 ai" Street grading 4000 Ly t?/t Il, 070 .gs Street base _2)300 TON v w $y (10 0 a2- Street paving 3 900 Sy ism/ y y q7, `f 0 0 S—"- Curbs, gutters,and culverts Sidewalk Storm sewer facilities b &MP II,,Aw/rs,p .' 77y, 100 S` TRU e� .1 Retention ponds/SC Tuxes 1 M 49,50v Y,Sad '' Ditch Improvements Subsurface drainage BUS SHE-rER I FA $7,Oaus .2,0wolfs _Mka go I MA 3I,soa/ i COO 52- MoNV.y BNr/SL ore I CA J?,ada/04- .Y zi Ova Laterals(house connected) On-site sewage facilities On-site water supply and storage Water Mains (includes bore) 3 0o Lp IIK.3S,/GF It y4aOS=° Fire hydrants j EA #Y/W/eh 11 q, 7S0a Survey and street monuments and boxes ) PA #I,9aa/EA i it 400 c= Street lighting Street Names I EA 4 725/EA # 7.60- Fencing requirements Landscaping/SEeorN6 I EA iNaar/4A I iitra ai Park improvements I 6A" # 80dc/ea d aa> K Road culvert Grass lined swaleirk//1 I 04 S33,uca AA s 33U0or Telephone q tars ,$ 1,0r0/CA II 000= Gas ',sav LF f Vic J I;dO0 Electric 9 10TS g 7ma/tur I a7,daa 91" Water transfer SUB-TOTAL: if 395, 68a Engineering and Supervision Costs $ 3 yi S 6s (Testing,inspection,as-builtplans and work in addition to preliminary and final plat; supervision of actual construction by contractors) TOTAL ESTIMATED COST OF IMPROVEMENTS AND SUPERVISION $ I.)3Sy.2W 9 Sorrel Ridge Final Plat recordation (PF 1099) Page 1 of 1 Brad Mueller From: Brian Varrella Sent: Monday, October 09, 2006 3:06 PM To: Halopoff, Timothy; Drew Scheltinga Cc: Brad Mueller; DTanaka@abtbank.com Subject: RE: Sorrel Ridge Final Plat recordation (PF 1099) Tim, I tried to contact you twice last week for one more revision, and to discuss your TRM channel protection, and have not heard back from you. Please contact me before you submit finals with signature. I will approve them after I have verified the 3 outstanding items have been resolved. Brian From: Halopoff, Timothy [mailto:HalopofT@]REngineering.com] Sent: Monday, October 09, 2006 2:35 PM To: Drew Scheltinga Cc: Brian Varrella; Brad Mueller; DTanaka@abtbank.com Subject: Sorrel Ridge Final Plat recordation (PF 1099) Drew, How is everything going? I have amended the Sorrel Ridge Agreement as you asked. The Drainage Report and Construction Documents are approved by Mr. Varrella for signature and I met with Mr. Mueller to line out the outstanding planning items. Please, let me know if you have anything else. Thank you. Warm regards, Timothy J. Halopoff, P.E. Lead Project Engineer JR ENGINEERING i'A 5 I In 1",to.Mr. 5Y 2620 E.Prospect Road, Suite 190 Ft. Collins,CO 80525 W:970.491.9888 C:970.980.8329 F:970.491.9984 cmailto:thalopoff(a�jrengineering,com> «SORREL IMPROVEMENTS AGREEMENT.pdf» 10/18/2006 Sorrel Ridge Final Plat recordation (PF 1099) Page 1 of 1 Brad Mueller From: Halopoff, Timothy [HalopofT@JREngineering.comj Sent: Monday, October 09, 2006 2:35 PM To: Drew Scheltinga Cc: Brian Varrella; Brad Mueller; DTanaka@abtbank.com Subject: Sorrel Ridge Final Plat recordation (PF 1099) Drew, How is everything going? I have amended the Sorrel Ridge Agreement as you asked. The Drainage Report and Construction Documents are approved by Mr. Varrella for signature and I met with Mr. Mueller to line out the outstanding planning items. Please, let me know if you have anything else. Thank you. Warm regards, Timothy J. Halopoff, P.E. Lead Project Engineer JR ENGINEERING A\\FS I RIAN(l)AIPA\t 2620 E. Prospect Road, Suite 190 Ft. Collins,CO 80525 W:970.491.9888 C:970.980.8329 F:970.491.9984 <mailto:thalopoff@jrengineering.com> «SORREL IMPROVEMENTS AGREEMENT.pdf» 10/18/2006 Sorrel Ridge Road Name Page 1 of 1 1, Copper, Adam From: Carle Dann [cdann@poudre-fire.org] Sent: Tuesday, October 31, 2006 11:45 AM To: Copper, Adam Cc: 'Carle Dann' Subject: RE: Sorrel Ridge Road Name Adam, PFA approves the Sorrel Ridge Road. There are no sound-alikes in the PFA district. However, in regard to lot addressing, our map book shows a 41228 WCR 15. Your southernmost address you showed me is 41212, followed by 41318. Based on the addresses, the existing 41228 would be in-between 41212 and 41318, but I have a hunch this isn't the case. There is also a 41285 on the other side of the road which, based on the 41300 of your document, should be south of the development; we need to ensure this is accurate. Want to see our map book? Or maybe one of us could drive out there to check it out. Carle Dann, Fire Protection Technician Poudre Fire Authority Fort Collins, Colorado Phone 970.416.2869 From: Copper, Adam [mailto:ACopper@JREngineering.com] Sent: Tuesday, October 31, 2006 8:26 AM To: cdann@poudre-fire.org Subject: Sorrel Ridge Road Name Carle, I have attached a word doc showing the proposed street name Sorrel Ridge Road and the preliminary addresses for each lot. The addresses will not be finalized until the plat has been recorded. I have also included 3 pdfs of the proposed plat as well for your reference. The entrance to the development is located approximately 2000' north of the intersection of WCR 15 and WCR 84. If the fire department approves the street names could you please send an email confirmation addressing this. Thanks, Adam Copper Engineer I JR Engineering 2620 E. Prospect Road, Ste. 190 Fort Collins, CO 80525 (970)491-9888 Fax(970)491-9984 acopper jrencineering.com «LI SORREL RIDGE.doc» «3945001FP SHEET 2.pdf» «3945001FP COVER.pdf» «3945001FP SHEET 3.pdf» 10/31/2006 Page 1 of 1 Copper, Adam From: Ham, Bonnie J - Ft Collins, CO [Bonnie.J.Ham@usps.gov] Sent: Wednesday, November 01, 2006 1:37 PM To: LDodge@co.weld.co.us Cc: Copper, Adam Subject: Sorrel Ridge Hi Lin, Adam Copper at JR Engineering asked me to send you this info. The name of Sorrel Ridge is not being used in Fort Collins, and has not been requested by anyone up to this point. It is available for their new subdivision in Weld County ( delivered by us). Let me know if I can help in the future, Thanks, Bonnie7fam growth coordinator VSPS 11/1/2006 Copper, Adam From: Ken Poncelow[kponcelow@co.weld.co.us] Sent: Thursday, November 02, 2006 11:29 AM To: Copper, Adam Subject: Re: Road Name The street name is approved. Sent from my BlackBerry Wireless Handheld Original Message From: Copper, Adam To: Ken Poncelow Sent: Thu Nov 02 11 :24 :43 2006 Subject: RE: Road Name Ken, Sorry but could you be more specific because this is my only proff to the planning department that you are ok with Sorrel Ridge Road. Thanks, Adam Original Message From: Ken Poncelow [mailto:kponcelow@co.weld.co.us] Sent: Thursday, November 02, 2006 11:22 AM To: Copper, Adam Subject : Road Name Your street name is approved. 1 SORREL RIDGE PUD Developer: Soaring Skies LLC (formerly SHEPHERDS HILL ESTATES PUD) Timothy Halopoff Case #PZ-1099 (Change of Zone from Ag to PUD) Planner: Sheri Lockman PT S2 5-7-67 ZONED PUD/ESTATE IS NOTIN FLOOD PLAIN (0475D) NORTH WELD COUNTY WATER DISTRICT BOXELDER SANITATION DISTRICT POUDRE VALLEY REA XCEL ENERGY POUDRE VALLEY FPD WELD COUNTY SD RE-4 QWEST COMMUNICATIONS 9 RESIDENTIAL LOTS PRELIMINARY ADDRESSING - revised 11/1/05 Lot 1 41212 Sorrel Ridge Road Lot 2 41318 Sorrel Ridge Road Lot 3 41324 Sorrel Ridge Road Lot 4 41330 Sorrel Ridge Road Lot 5 41336 Sorrel Ridge Road Lot 6 41340 Sorrel Ridge Road Lot 7 41346 Sorrel Ridge Road —or- 41355 Sorrel Ridge Road (depending on access) Lot 8 41356 Sorrel Ridge Road Lot 9 41350 Sorrel Ridge Road Tract A 41366 Sorrel Ridge Road Lin Dodge, Building Technician Building Department 918 10th Street Greeley CO 80631 Phone: (970)353-6100, extension 3574 Sorrel Ridge Bus Shelter Page 1 of 1 t. Copper, Adam From: Stephanie Watson [SWatson@windsor.k12.co.us] Sent: Tuesday, October 31, 2006 6:53 AM To: Copper, Adam Subject: RE: Sorrel Ridge Bus Shelter Adam, Thank you for moving the shelter closer to the road. This gives the District several options regarding bus stops for the kids from the development. The District approves of the updated location. If you need anything else, please let me know. Stephanie Stephanie R. Watson Assistant Superintendent Windsor School District From: Copper, Adam [mailto:ACopper@JREngineering.com] Sent: Monday, October 30, 2006 10:39 AM To: Stephanie Watson Subject: Sorrel Ridge Bus Shelter Stephanie, The bus shelter has been relocated closer to WCR 7 as we had discussed on the phone. I have attached another pdf showing the bus shelter just to the right as you enter on sorrel ridge road for your review. If you agree with this new location could you please write back confirming your acceptance. Thanks, Adam Copper Engineer I JR Engineering 2620 E.Prospect Road, Ste. 190 Fort Collins, CO 80525 (970)491-9888 Fax(970)491-9984 acopperkjrengineering.com <<3945001 LS.pdf» 10/31/2006 UNITED STATES POSTAL SERVICE Date: June 28, 2005 Subject: Mail Delivery at Shepherds Hills Estates To: Weld County Planning and Zoning The Fort Collins Postal Service has met with Tim Halopoff as the engineer for Soaring Skies Ventures, LLC. We agreed on the location for the cluster box unit near the edge of the 8' gravel shoulder at the entrance of the development. If you have any questions please call Carl Jenkins at 970-225- 4130. ji y_e_vh„,„z) Carl Jenkins Growth Coordinator USPS 301 E. Boardwalk Dr. Fort Collins, Co. 80525-9998 vc/ u..) cuuo Hun 1U.u0 1111 19llt)JUIS JUI1UUL lllbIK1Ul PHA NU. (U btlb bCdU F. U1/U1 09/29/2005 13:02 FAX 970 491 9984 JR ENGINEERING Ij002 MEMORANDUM t'� I•R ENGINEERING 0.Weserlan Company To: Mr.John Karbula,Superintendent—Weld County RE-4 From: Timothy J.Halopoff,do Soaring Skies Ventures,LLC Date: September 29,2005 Subject: Shepherds Hill Estates-Entrance school bus pickup Mr. Karbula, This memo is in regards to the PUD Sketch Plan comments that we received of your concern for the bus pick-up area and required turning radius. We are proposing that the bus pick-up be located along the north side of the entrance into the subdivision. This would require the school bus to make a U-turn around the entrance island and not need to turn around within the cul-de-sac at the end of the drive. Our proposed layout is very similar to subdivision entrance layouts previously accepted by Brian Lessman. I am attaching a copy of the layout that Brain had approved and a copy of our proposed layout. You will see that a 40' long city bus is able to make the 180°-turn to the pedestrian shelter. This template is the largest single axle bus available and is able to stay within the edges of asphalt. This entrance layout is adequate for what the district requires for a turn around radius. We would like to receive your approval for this entrance layout and position of the pedestrian shelter. Upon your approval,please sign or initial this memo and the proposed layout sheet and return via fax. Please call me if you shall have any questions or comments. You can reach me at(970)491-9888 or at thalopoff@jrengineering.com. We appreciate your attention to this matter and look forward to your response. 'Clnis wakz ow val+ok5 — )6 44114445 Signed with Approval: John ar ula, S p tendent—Weld County RE-4 6020 Greenwood II=Boulevard 2620 East Preertct RoutSuite 190 4310 Anaesl Dive 12195 Mad O 4Suie 100 On4rwood Wive,CO SOt II FarrCallind,CO 50525 Comada Sprin6+,C080907 W,-Wmindtet.co 80234 303.7409397•rag 303-721-9019 970491+)888•I'we 970-491.9954 710,593-2593.13x:719.528-6613 726872-9550•Fux'7214872.9853 /G EDUCATION FOR LIFE W_ND S OR Karen Trusler Superintendent of Schools October 25, 2006 Weld County Planning Department 918 10th Street Greeley, CO 80631 Re: Case Number PF-1099 To Whom It May Concern: The District is in receipt of cash in lieu of land dedication fees in the amount of$10,931.13 for the referenced project. This amount will satisfy all District requirements in this regard as currently proposed. Sincerely, ,� &- k. w Stephanie R. Watson Assistant Superintendent Business Services cc: Timothy J. Halopoff WELD COUNTY SCHOOL DISTRICT RE-4 1020 Main Street •P.O. Box 609 •Windsor,CO 80550 •(970)686-8000 •Fax(970)686-5280 1 /-f . 1 uck re Fire Prevention Bureau Phone: 970-221-6570 ''Authority 102 Remington Street Fax: 97O-221-6635 �,llhol 1ty Fort Collins,CO 80524 Internet: www.poudre-fire.org N- TO: Sheri Lockman Weld County Planner FROM: Ron Gonzales, Assistant Fire Marshal, Plan Review RE: Sorrel Ridge, Case# PZ-1099 DATE: Wednesday, March 29, 2006 Cc: Soaring Skies Venture, LLC P.O. Box 1245 Fort Collins, CO 80522-1245 In accordance with the 97LCLUC 8.1.4C, Other Standards, the Poudre Fire Authority will enforce the 97Uniform Fire Code along with its accompanying local ordinances as follows: REQUIRED ACCESS: A fire lane is required, this fire lane shall be visible by painting and signage, and maintained unobstructed. A fire lane plan shall be submitted for approval prior to installation. 97UFC901.2.2.1; 901.3; 901.4.2; 902.2.1 NOTE: Because a fire lane is not being provided,all residential buildings on lots 1-9 shall be fire sprinklered. SPRINKLER REQUIREMENTS: All homes in this subdivision shall be fire sprinklered because the required second point of access is not being provided. This project is approved with fire sprinklers only, due to lack of access. The Poudre Fire Authority requests this note be included on the plat for Case#PZ-1099. Page 1 of 2 Halopoff, Timothy From: Carle Dann [cdann@poudre-fire.orsl Sent: Friday, August 25, 2006 3:58 PM To: Halopoff, Timothy Subject: Sorrel Ridge Agreement Approval Yes, the letter stands, we will not require a second access point, as long as the houses are equipped with PFA- approved automatic fire sprinklers. Sorry for the verbosity before. I was trying to provide some history for you. Carle Dann, Fire Protection Technician Poudre Fire Authority Fort Collins, Colorado Phone 970.416.2869 • From: Halopoff, Timothy [mailto:THalopoff@JREngineering.com] Sent: Friday, August 25, 2006 3:44 PM To: Carle Dann Subject: RE: Sorrel Ridge Agreement Carle, I appreciate the information on future developments w/ long roads. I didn't want to cause any rift, I just thought that the original letter covered our backs on access requirements and then to hear something different caused me to worry. Please, confirm that the way I understand your position on this project is that PVF will honor the original letter dated March 29, 2006 and approve Sorrel Ridge based on note # 14 of our final plat, which will remain. I do understand that future projects will not be so fortunate. A brief response would be appreciated to make sure that I'm not misunderstanding you. Thanks for resolving this for me. Warm regards. Tim Original Message From: Carle Dann [mailto:cdann@poudre-fire.org] Sent: Friday, August 25, 2006 12:22 PM To: Halopoff, Timothy Cc: 'Carle Dann' Subject: RE: Sorrel Ridge Agreement Hi, Tim. Not having the benefit of seeing the March 29, 2006 letter, but having seen the Sorrel Ridge plans from September 2005, which showed the emergency access easement, you can understand my hesitation to approve the project with only one access point, particularly when it's a dead-end road almost 1/2 mile long. After reading the letter and talking with Ron, we'll honor the letter (note #14 of the site plan). The way the Fire Code reads is that if a dead-end street exceeds 660 feet in length, short fire lanes are permitted to facilitate a second point of access. If the second access point cannot be provided, all structures beyond the 660-foot limit must be fire sprinklered. Yes, it's nice the houses will have A.S., but we still have to be able to get to them. That's what the 10/26/2006 Page 2 of 2 second access point would have addressed. The road is considerably longer than 660 feet (I know, I'm beginning to repeat myself), and it wouldn't even be a short fire road that would facilitate a second point of access. One thing the Fire Code doesn't address (not even the 2006 IFC, which we're about to adopt) is when a third access point should be required. To me, this looks like a classic project of when we'd need a third access point. But again, we have neither code nor amendment to require that. Just an FYI. Call if you have questions. Carle Dann, Fire Protection Technician Poudre Fire Authority Fort Collins, Colorado Phone 970.416.2869 From: Halopoff, Timothy [mailto:THalopoff@JREngineering.com] Sent: Wednesday, August 23, 2006 3:23 PM To: cdann@fcgov.com Cc: rgonzales@poudre-fire.org Subject: Sorrel Ridge Agreement Carle, I called Ron Gonzales on March 29, 2006 to meet with him regarding secondary access to the Sorrel Ridge subdivision. Weld County wanted to know whether we were keeping it or not. Ron wrote this letter while I was still in PVF's meeting room and assured me and Weld County that sprinklers would suffice. Please, contact me if this letter is not going to be honored. Thank you. Warm regards, Timothy J. Halopoff, P.E. Lead Project Engineer JR ENGINEERING A WESTRLAN COMPANY 2620 E. Prospect Road, Suite 190 Ft. Collins, CO 80525 W:970.491.9888 C:970.980.8329 _ -- F:970.491.9984 <mailto:thalopoff(a irengineering_corn> «SORREL_PVF_LETTER.PDF» 10/26/2006 111111111111 IIIII 1111111111111111111111111 Jill! Jill IIII 3364702 02/22/2006 01:28P Weld County, CO 1 of 15 R 76.00 D 0.00 Steve Moreno Clerk& Recorder SURFACE USE AGREEMENT THIS SURFACE USE AGREEMENT ("Agreement") is effective this 5th day of December, 2005, by and among ANADARKO E&P COMPANY LP ("Anadarko E&P"), formerly known as Union Pacific Resources Company, ANADARKO LAND CORP. ("Anadarko Land"), formerly known as Union Pacific Land Resources Corporation (together the "Anadarko Entities"), both with an address of Post Office Box 1330, Houston, Texas 77251-1330 and SOARING SKIES VENTURES, LLC ("Surface Owner") with an address of 2819 Seccomb Street, Fort Collins, Colorado 80526. A. Surface Owner owns the surface estate for approximately 55 acres of property located in Weld County, Colorado, in the SW/4 of Section 5, Township 7 North, Range 67 West, which is more specifically described in the attached Exhibit 1 and referred to hereinafter as the"Property." B. The Anadarko Entities together own all of the oil, gas and associated liquid hydrocarbons that underlie the Property, and Anadarko Land owns the minerals exclusive of oil, gas and associated liquid hydrocarbons. C. Current Colorado Oil and Gas Conservation Commission rules and regulations allow the owners and/or lessees of the oil and gas for the Property to locate oil and/or gas wells in five drilling windows in a quarter section, one in approximately the center of each quarter quarter section and one in the center of the quarter section. D. The parties enter into this Agreement to provide for the coexistence and joint development of the surface estate and the oil and gas estate for the Property and to delineate the process with which they shall comply with respect to the development of the two estates. -E. This Agreement is limited to the compatible development of the surface estate and the oil and gas estate for the Property; it does not in any respect apply to the minerals other than the oil, gas and associated liquid hydrocarbons owned by Anadarko Land in the Property which is the subject of a separate agreement between Anadarko Land and Surface Owner. NDW"TH , m consi eration of the covenants and mutual promises set forth in this Agreement, including in the recitals, the parties agree as follows: 1. Oil and Gas Operations Area. a. The Anadarko Entities agree that they shall drill and/or operate oil and/or gas wells only within the location identified on Exhibit 2 and which is hereinafter referred to as 11111111111111111rill 1►1►I 11 1311111 11111 III! III► -3364702 02/22/2006 01:28P Weld County, CO 2 or 15 R 76.00 D 0.00 Steve Moreno Clerk& Recorder the "Oil and Gas Operations Area." Operations and uses within the Oil and Gas Operations Area include, but are not limited to, drilling, completion, and maintenance of wells and equipment, production operations, workovers, well recompletions and deepenings, fracturing, twinning, and drilling of replacement wells and the location of associated oil and gas production and drilling equipment and facilities. b. The Oil and Gas Operations Area shall include the area which is generally in the shape of a circle with the wellhead or future wellheads in the center and a radius of 250 feet as reflected on Exhibit 2. c. The Anadarko Entities shall continue to have the right to drill more than one well with attendant facilities within the Oil and Gas Operations Area and to deepen, recomplete or twin any well that is drilled or has been drilled, as well as to drill directional and horizontal wells that produce from and drain the Property or lands other than the Property. d. Surface Owner shall not plat any surface property line within the Oil and Gas Operations Area, and no temporary or permanent building or other structure or improvement shall be located by Surface Owner within the Oil and Gas Operations Area. The Oil and Gas Operations Area shall be for the exclusive use of oil and gas operations and production and for the location of oil and gas wells and associated oil field drilling and production equipment. e. The Anadarko Entities shall also have the right to locate, build, repair and maintain tanks, separators, dehydrators, compressors and all other associated oil and gas drilling and production equipment and facilities within the Oil and Gas Operations Area. 2. Access to Oil and Gas Operations Areas. a. Access to the Oil and Gas Operations Area shall be at the location identified on Exhibit 2. b. Access may be changed by mutual agreement of Surface Owner and the appropriate oil and gas interest owners; provided however, all costs and expenses of such relocations shall be borne by the party which requests them. c. No party shall unreasonably interfere with the use by the other of an access road. d. u ace wner shall—keep the portions of access roads jointly usedty-both Surface Owner and the Anadarko Entities in good condition and repair until such roads are dedicated to a local jurisdiction; provided, however, if the Anadarko Entities cause damage to a portion of a road that is jointly used by both the Anadarko Entities and Surface Owner and which is constructed to the specifications in section 2.e.(1), the Anadarko Entities agree to promptly repair any damage which they cause which is a direct result of their use of the road. 2 III!0111112111111111111111111 " 1111111! III "I" III!III! 2/2006 01:28P Weld County CO 3 of 15 R 76.00 D 0.00 Steve Moreno Clerk & Recorder e. Construction and Width of Access Roads. (1) Access roads or portions of access roads that are jointly used by the Anadarko Entities and Surface Owner shall be thirty (30) feet or more in width, and Surface Owner shall construct or improve all paved or improved joint access roads so as to withstand the weight of oilfield equipment. Specifically, Surface Owner shall construct the roads so that they can be used to withstand the weight of 104,000 pounds and 26,000 pounds per axle. (2) Access roads or portions of access roads that are used exclusively by the Anadarko Entities shall be generally thirty (30) feet or more in width, and the Anadarko Entities shall install and maintain such roads or portions of roads to those state and local standards that apply to oil and gas operations. 3. Pipelines, Flowlines and Pipeline Easements. a. Flowlines and pipeline easements shall be at the locations identified on Exhibit 2. b. Locations of pipelines, flowlines and such easements may be changed by mutual agreement of Surface Owner and the appropriate oil and gas interest owners; provided, . however, all costs and expenses of such relocations shall be borne by the party which requests the relocation. In the event that Surface Owner requests the relocation of a pipeline or flowline, the applicable oil company shall provide Surface Owner with a written estimate of the relocation costs which Surface Owner shall thereafter promptly remit to the oil company. The payment shall be adjusted up or down upon completion of the work and after an itemized statement is provided to Surface Owner. c. Pipeline easements shall be fifty (50) feet in width during construction activities and thirty (30) feet in width for all operations, maintenance and transportation activities. Flowline easements shall be thirty(30) feet in width for all operations. d. Pipeline and flowline easements shall be for the exclusive use of oil and gas production operations; provided, however, the easements may be shared by the Anadarko Entities and their lessees, assignees of lessees and successors and assigns. e. Surface Owner shall be entitled to reserve the right to cross the pipeline easements at approximately right angles, and Surface Owner shall also have the right to install and maintain easements that are adjacent to, but not within, the easements identified herein, -- obi utilitylines, including those for water, gas, sewer, electnc, telehone, cabs television, and fiber optic and other pipelines; provided, however; i) any new underground facilities which travel along a pipeline easement identified herein shall be located a distance horizontally of at least ten (10) feet from parallel existing pipelines; ii) any new underground facilities shall have at least twenty-four (24) inches of vertical clearance between such new facility and a pipeline provided for herein; and iii) any overhead power lines shall be at least twenty(20) feet above the ground. 3 111111111111111111111111 IIIII H IIIIIIII II 1111111111111 3364702 02/22/2006 01:28P Weld County, CO 4 of 15 R 76.00 D 0.00 Steve Moreno Clerk & Recorder f. Surface Owner shall grant the pipeline easements (for production from the Property and/or other lands) to the Anadarko Entities at the time the Anadarko Entities request them and at no cost to them. 4. Plats and Local Applications. Surface Owner shall identify the Oil and Gas Operations Area and access route and pipeline easements on its plats and in all applications for development it files with a local jurisdiction, and the plats shall include restrictions that no property line or temporary or permanent building, structure or other improvement related to the surface development shall be located, constructed or installed within the Oil and Gas Operations Area. Surface Owner shall record the plats in the Office of the Clerk and Recorder of Weld County and provide written evidence to the Anadarko Entities of the recording. 5. Waiver of Surface Damage Payments. Surface Owner hereby waives all surface damage payments or other such payments for the use of the Property or portions thereof pursuant to any current or future COGCC or local regulation, state statute, common law or prior agreement for each and every well and related wellsite that is or will be drilled and located within the Oil and Gas Operations Area and for associated oil and gas equipment and facilities, flowlines, access and pipeline easements. The Anadarko Entities or their lessees or their assignees may provide a copy of this Agreement to the COGCC or any local jurisdiction, person or entity or court of law as evidence of this waiver. 6. Waiver of Setback Requirements. Surface Owner understands and acknowledges that the COGCC has rules and regulations that apply to the distance between a wellhead and public roads, production facilities, building units and surface property lines, among other things. Surface Owner hereby waives all setback requirements in COGCC Rule 603, or any successor rule or amendment to the COGCC setback rules, and to any other state or local setback requirements that are or become inconsistent with this Agreement or that would prohibit or interfere with the rights of the Anadarko Entities to explore for and produce the oil and gas in accordance with this Agreement. Surface Owner understands that the Anadarko Entities may cite the waiver in this section 6 in order to obtain a location exception or variance under COGCC rules or from a local jurisdiction. 7. Governmental Proceedings. a. Surface Owner Will Not Object. Surface Owner agrees that it will not object in any forum to the use by the Anadarko Entities of the surface of the Property consistent with this Agreement and hereby waives any such right to object. Surface Owner fur her agrees that it waives an T.-le-UM—has to request an inspection pursuant lo COGCC rules and policies for the purpose of attaching conditions to a well permit or permits. Surface Owner agrees, in addition, that it will provide such other written approvals and waivers which are requested by the Anadarko Entities and consistent with this Agreement, including, but not limited to, all approvals and waivers to drill a well or to conduct oil and gas operations on the Property because of any law or regulation, including any local ordinance and regulations of 4 1111111 IIIII IIIII 1111111 Inn HIRE HIM viii• 2364702 02/22/2006 01:28P Weld County CO 5 of 15 R 76.00 D 0.00 Steve Moreno Clerk & Recorder the COGCC, and including, for example, waivers to state and local setback requirements and to any setback requirements from a surface property line or for an exception location. b. Oil Companies Will Not Object. The Anadarko Entities agree that they will not object in any forum to a request by Surface Owner to annex, zone, rezone, plat or replat all or any portion of the Property to extent such request is consistent with this Agreement. 8. Notices of Hearings. Surface Owner shall provide the Anadarko Entities with written notice not less than thirty (30) days before each hearing for consideration of a plat application or other land use application for the Property or portions of the Property to be held before a local jurisdiction and also with ten (10) days written notice from the date it obtains approval from Weld County or other local jurisdiction of approval for final application for development that applies to all or any portion of the Property. 9. Notice to Homeowners and Builders. Surface Owner shall furnish all builders and developers which purchase all or any portion of the Property and each person or entity who proposes to enter into a contract to purchase a lot which is adjacent to, or any part of which is within, 350 feet from the Oil and Gas Operations Area or a flowline or pipeline easement, with a plat that shows the locations of the Oil and Gas Operations Area and the flowlines and pipeline easements. In addition, Surface Owner shall provide written notice to all such purchasers that includes the following: i. they are not purchasing and will not own any rights in the oil, gas and mineral estate in and to the Property; ii. there may be ongoing oil and gas operations and production on the surface of the Property within the Oil and Gas Operations Area, pipelines and flowline easements and access routes; iii. there are likely to be wells drilled and additional oil and gas production facilities constructed and installed within the Oil and Gas Operations Area and additional flowlines and pipelines constructed and maintained on the Property; iv. heavy equipment will be used by the Anadarko Entities from time to time for oil and gas drilling and production operations and such operations may be conducted on a 24-hour basis; and v. homeowner associations and buyers of individual lots or homes will be subjt to and-liurdenedliy all of the covenants and waivers made by Surface Owner in this Agreement, including, but not limited to those covenants and waivers; a) prohibiting the location of any temporary or permanent building, structure, or other improvement within the Oil and Gas Operations Area; b) waiving objections to the drilling of wells, the construction of facilities, and the conduct of oil and gas operations on the Property consistent with this Agreement; c) waiving surface damage 5 t 1111111111111111111111111111 II IIIIIIII III Hi IIII IIII • 3364702 02/22/2006 01:28P Weld County, CO 6 of 15 R 76.00 D 0.00 Steve Moreno Clerk& Recorder payments; and d) waiving objections to the setback requirements under the rules of the COGCC or any local jurisdiction. 10. Notice of Oil and Gas Operations. The Anadarko Entities shall provide Surface Owner with notice of drilling operations and subsequent well operations in accordance with COGCC rules and regulations. 11. Impact Mitigation. Surface Owner shall bear all costs to install such noise and visual impact mitigation measures it desires or the local jurisdiction requires at or around the Oil and Gas Operations Area which are in excess of or in addition to those measures which are required by COGCC regulations for areas which are not high density; provided, however, the operator of the well within the Oil and Gas Operations Area shall have reasonable discretion to veto or protest the types and locations of impact mitigation measures in order to allow for safe oil and gas operations. 12. Individual Liability of Oil Companies. Nothing in this Agreement is intended to create a cause of action by any oil company against any other oil company or to enlarge or diminish any right or interest created by any agreement or lease or assignment of lease between or among the oil companies. Nothing in this Agreement creates any leasehold rights or gives any mineral rights to an oil company where none exists. The liability of the oil • companies to perform any obligation hereunder or to comply with any agreement included herein or with any state or local rule or regulation is individual and several and not joint or collective. This Agreement does not create a joint venture or partnership between or among the oil companies. The Anadarko entities shall in no event be liable for the acts or omissions of their lessees or farmoutees or the assignees or contractors and subcontractors of any of them. 13. Authority to Execute Agreement. Each party represents that he/she/it has the full right and authority to enter into this Agreement with respect to the surface rights, oil and gas interests, or oil and gas leasehold interests he/she/it owns in the Property, as applicable. 14. No Waiver of Rights. The Anadarko Entities do not waive the rights they have pursuant to each of their respective oil and gas interests to explore for, drill and produce the oil and gas for the Property or for ingress and egress to the Oil and Gas Operations Area, except as specifically provided in this Agreement. 15. Successors and Assigns. This Agreement and all of the covenants in it shall be binding upon the subsequent lessees and assignees of lessees and also the personal repiesentatives, heirs, successors and assigns o a of_the parties, and—the benefits of this Agreement shall inure to all of them. This Agreement and all of the covenants in it shall be covenants running with the land. 16. Recording. Surface Owner shall record this Agreement with the Clerk and Recorder of Weld County and provide evidence to the Anadarko Entities of the recording. 6 • 111111 11111 IIIII 1111111 IIIII II 11111111 III IIIII IIII IIII 3364702 02f22/2006 01:28P Weld County, CO 7 of 15 R 76.00 0 0.00 Steve Moreno Clerk& Recorder 17. Governing Law. The validity, interpretation and performance of this Agreement shall be governed and construed in accordance with the laws of the State of Colorado. 18. Severability. If any part of this Agreement is found to be in conflict with applicable laws, such part shall be inoperative, null and void insofar as it conflicts with such laws; however, the remainder of this Agreement shall be in full force and effect. In the event that any part of this Agreement would otherwise be unenforceable or in conflict with applicable laws due to the term or period for which such part is in effect, the term or period for which such part of this Agreement shall be in effect shall be limited to the longest period allowable which does not cause such part to be unenforceable or in conflict with applicable laws. 19. Notices. Any notice or communication required or permitted by this Agreement shall be given in writing either by; i) personal delivery; ii) expedited delivery service with proof of delivery; iii) United States mail, postage prepaid, and registered or certified mail with return receipt requested; or iv) prepaid telecopy or fax, the receipt of which shall be acknowledged, addressed as follows: Anadarko E&P Anadarko E&P Company LP and Anadarko Land: c/o Anadarko Petroleum Corporation Attention: Land Manager—Western Division/CBM Post Office Box 9149 Houston, Texas 77380-9149 Surface Owner: Soaring Skies Ventures, LLC 2819 Seccomb Street Fort Collins, Colorado 80526 Any party may, by written notice as provided in this section, change the address of the individual to which delivery of notices shall be made thereafter. 20. Tncomnratinn h� tcrren incorpora e into t is Agreement by this reference. 21. Entire Agreement. This Agreement sets forth the entire understanding among the parties and supersedes any previous communications, representations or agreements, whether oral or written. No change of any of the terms or conditions herein shall be valid or binding on any party nnless_in_3uriting andsigned-by-an-authorized-representative of each party. 22. Counterpart Executions. This Agreement may be executed in counterparts, each of which shall be deemed an original. 7 IR liii II DIME III 11// 1111 fit • 3364702 02/22/2006 01:28P Weld County, CO 8 of 15 R 76.00 D 0.00 Steve Moreno Clerk & Recorder IN WITNESS WHEREOF, the undersigned parties have caused this Agreement to be executed by a duly authorized representative on the dates set forth in the acknowledgements, to be effective on the date first above written. ANADARKO LAND CORP. ANADARKO E&P COMPANY LP By: rte— c By: Name: Jame . Newcomb Name: J s L. ewcomb Its: Agent & Attorney in Fac Its: Ag t & Attorney in Fact SOARING SKIES VENTURES, LLC By: Name: Its: 8 111111111111111111111111 IIIII 11 11111111 III 11111 1111 1111 3364702 02/22/2006 01:28P Weld County, CO 9 of 15 R 76.00 D 0.00 Steve Moreno Clerk& Recorder IN WITNESS WHEREOF, the undersigned parties have caused this Agreement to be executed by a duly authorized representative on the dates set forth in the acknowledgements, to be effective on the date first above written. ANADARKO LAND CORP. ANADARKO E&P COMPANY LP CORPORATION By: By: Name: Name: Its: Its: SOARING SKIES VENTURES, LLC By: i� Name: -nMn?htK ,3- i.a('of-r Its: AttA tke,, :.mac-. AAF'i' IC- 8 111111 l•IIII 11111111111111111 II 11111111 III 111111111 IIII 3364702 02/22/2006 01:28P Weld County, CO 10 of 15 R 76.00 D 0.00 Steve Moreno Clerk& Recorder ACKNOWLEDGMENTS STATE OF TEXAS ) ) ss. COUNTY OF MONTGOMERY ) n^ 6 The foregoing instrument was acknowledged before me this I Di- day of lum-Yi 200i by James L. Newcomb , as Agent & Attorney in Fact for ANADARKO E&P COMPANY LP. Witness my hand and official seal. My Commission expires: D I of Dg ..-•(!� , SUZANN TURNER Pi t ;) MY COMMISSION EXPIRES : f ,n�,/� 10.1:10 Augus170,2008 t� �•J L f(`� ota ublic STATE OF TEXAS ) ) ss. COUNTY OF MONTGOMERY ) M 6 The foregoing instrument was acknowledged before me this � day of CiaryTh 2005 by James L. Newcomb as Agent & Attorney in Fact for ANADARKO LAND CORP. _____ Witness my hand and official acal My Commission expires: 0)loi bz •'•s "' N SUZANiN TURNER � . . , Cl , C��^'�'+ • ;•1 MY COMMISSION EXPIRES s�. :.. August 10.2000 ` Notar lic 9 11/1111111 11111 1111111 11111 11 11 02/22/2006 01:28P �1111dnIII nty11111 III Ill 3364702 , CO 11 of 15 R 76.00 D 0.00 Steve Moreno Clerk & Recorder STATE OF COLORADO ) ) ss. COUNTY OF in{lip etc' ) The foregoing instrument was/, acknowledged before me this day of A2C�tm62i 2005 bcrirs( ' -C. 4 /rfkl!! , as filentr rit MG,nbit for SOARING SKIES VENTURES, LLC. Witness my hand and official seal. My Commission expires: /O-/., (G DANCT .1 <<InS Notary Public 09114 adss%ii Notary !l ublic [ star)I ';cdorcr c; 10 I fill Inn III 111111 IM lilt 3364702 02/22/2006 01:28P Weld County, CO 12 of 15 R 76.00 D 0.00 Steve Moreno Clerk & Recorder Exhibit 1 to Surface Use Agreement effective December 5, 2005 between and among Anadarko E&P Company LP, Anadarko Land Corp. and Soaring Skies Ventures, LLC Legal Description Lot B of Recorded Exemption No. 0705-05-3-RE3685 recorded February 18, 2004 at Reception No. 3154846, being a part of the S 1/2 of Section 5, Township 7 North,Range 67 West of the 6th P.M., County of Weld, State of Colorado. 11 111111111111 11111 LIE 11111 11 11111111II 1111111 I I I I I I I 3364702 02/22/2006 01:28P Weld County, CO 13 of 15 R 76.00 D 0.00 Steve Moreno Clerk& Recorder Exhibit 2 to Surface Use Agreement effective December 5, 2005 between and among Anadarko E&P Company LP, Anadarko Land Corp. and Soaring Skies Ventures, LLC Oil and Gas Operations Area See attached drawing. 12 -— —arw+u ennasa 64LS'Sicoc P2+4'JN•®cwn�e7 fft alwna` .• ".. elm.....".4 mow., Sfil-LLS00 00'SWIM IYO! �t A�� oorao�OD `ALNn00 0l3M b R >wl»na0 r'staxa. 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( , 1 :::4..., S ( / "j ! � �~\/ . . : . � .\ ) ; - pn / ^ . . A ; k i 0 laSE MEM ID egezt i ism MUM NMI I. 91'2MEM ■w»°( MEM a ■■U NMI NO0 . MON gym k le 0® 1_ §E 2§( - ii r4 o.-2 . r S ©U 4 \ u C|/ Or N) ®§§ k ; q E..• Ziflb \ arf ---- - _: :r , — -- —-iliC- -- . . , •1;6 q gig \ �j )He I } m el— lit! � �7 ® i� »' . P / l v Q� ! . § \ ---�- » -- � _- & —-- _ - — --- _ - __----------_—s _ _ [4: ^ Colorado Secretary of State -Fil d Date and Time: 10/31/2006 08:40 AM Document processing fee Id Number: 20061444749 If document is filed on paper $125.00 If document is filed electronically $ 25.00 Document number: 20061444749 Fees& forms/cover sheets are subject to change. To file electronically,access instructions for this form/cover sheet and other information or print copies of filed documents,visit www.sos.state.co.us and select Business Center. Paper documents must be typewritten or machine printed. ABOVE SPACE FOR OFFICE USE ONLY Articles of Incorporation for a Nonprofit Corporation filed pursuant to §7-90-301,et seq.and §7-122-101 of the Colorado Revised Statutes(C.R.S) 1. Entity name: Sorrel Ridge Homeowners Association (The name of a nonprofit corporation may,but need not,contain the term or abbreviation "corporation", "incorporated", "company", "limited", "corp.", "inc.", 'co."or"ltd" §7-90-601,CRS) 2. Use of Restricted Words (if any of these terms are contained in an entity name,true ❑ "bank"or"trust"or any derivative thereof name of an entity,trade name or trademark ❑ "credit union" ❑ "savings and loan" stated in this document,mark the applicable ❑ "insurance","casualty","mutual",or"surety" box): 3. Principal office street address: 2819 Seccomb Street (Street name and number) Fort Collins CO 80526 (City) Unitte States (Postal/Zip Code) (Province—if applicable) (Country—if not US) 4, Principal office mailing address: P.O. Box 1245 (if different from above) (Street name and number or Post Office Box information) Fort Collins CO) 80522-1245 (City) Unlit States (Postal/Zip Code) (Province—if applicable) (Country—ifnot US) 5.Registered agent: (if an individual): Haiopoff Timothy J. (Last) (First) (Middle) (Suffix) OR(if a business organization): 6.The person appointed as registered agent in the document has consented to being so appointed. 7.Registered agent street address: 2819 Seccomb Street (Street name and number) Fort Collins CO 80526 (City) (State) (PostabZip Code) S.Registered agent mailing address: P.O. Box 1245 (if different from above) (Street name and number or Post Office Box information) ARTINC_NPC Page 1 of 3 Rev. 11/16/2005 Fort Collins CO 80522-1245 (City) UAfi£eW States (Postal/Zip Code) (Province—if applicable) (Country—if not US) 9. If the corporation's period of duration is less than perpetual,state the date on which the period of duration expires: (mm/dd/lyly) 10. (Optional) Delayed effective date: (mm/dd/yyyy) 11.Name(s)and address(es)of incorporator(s): (if an individual) Halopoff Timothy J. (Last) (First) (Middle) (Suffix) OR(if a business organization) P.O. Box 1245 (Street name and number or Post Office Box information) Fort Collins COe 80522-1245 (City) Uf11�etO States (Postal/Zip Code) (Province-if applicable) (Country-if not US) (if an individual) (Last) (First) (Middle) (Suffix) OR(if a business organization) (Street name and number or Post Office States Box information) (City) UfllTettl (Postal/Zip Code) (Province—if applicable) (Country—if not US) (if an individual) (Last) (First) (Middle) (Suffix) OR(if a business organization) (Street name and number or Post Office Box information) (City) Uni et States (Postal/Zip Code) (Province—if applicable) (Country—if not US) (If more than three incorporators,mark this box ❑ and include an attachment stating the names and addresses of all incorporators.) ARTINC_NPC Page 2 of 3 Rev.11/16/2005 12.The nonprofit corporation is formed under the Colorado Revised Nonprofit Corporation Act. 13.The corporation will ❑✓ OR will not ❑ have voting members. 14.A description of the distribution of assets upon dissolution is attached. 15.Additional information may be included pursuant to §7-122-102,C.R.S. and other organic statutes. If applicable,mark this box E and include an attachment stating the additional information. Notice: Causing this document to be delivered to the secretary of state for filing shall constitute the affirmation or acknowledgment of each individual causing such delivery, under penalties of perjury,that the document is the individual's act and deed,or that the individual in good faith believes the document is the act and deed of the person on whose behalf the individual is causing the document to be delivered for filing,taken in conformity with the requirements of part 3 of article 90 of title 7,C.R.S.,the constituent documents,and the organic statutes,and that the individual in good faith believes the facts stated in the document are true and the document complies with the requirements of that Part,the constituent documents,and the organic statutes. This perjury notice applies to each individual who causes this document to be delivered to the secretary of state,whether or not such individual is named in the document as one who has caused it to be delivered. 16.Name(s)and address(es)of the individual(s)causing the document to be delivered for filing: Cuypers Charles J. (Last) (First) (Middle) (Suffix) 1008 Centre Ave. (Street name and number or Post Office Box information) Fort Collins CO 80526 (Coy) �Jt11IeQ States Code) (Province—if applicable) (Country—if not US) (The document need not state the true name and address of more than one individual. However,if you wish to state the name and address of any additional individuals causing the document to be delivered for filing,mark this box ❑ and include an attachment stating the name and address of such individuals) Disclaimer: This form,and any related instructions,are not intended to provide legal, business or tax advice,and are offered as a public service without representation or warranty. While this form is believed to satisfy minimum legal requirements as of its revision date, compliance with applicable law,as the same may be amended from time to time,remains the responsibility of the user of this form. Questions should be addressed to the user's attorney. ARTINC_NPC Page 3 of 3 Rev.11/16/2005 NOTICE: This "image"is merely a display of information that was filed electronically. It is not an image that was created by optically scanning a paper document. No such paper document was filed Consequently, no copy of a paper document is available regarding this document. Questions?Contact the Business Division. For contact information,please visit the Secretary of State's web site. Click the following links to view attachments Attachment 1 Attachment to Articles of Incorporation Attachment to Articles of Incorporation of Sorrel Ridge Homeowners Association Distribution of Assets Upon Dissolution. Upon the dissolution of the Corporation, the Executive Board shall, after paying or making provision for the payment of all of the liabilities of the Corporation, dispose of all of the assets of the Corporation as required by Colorado law and the Internal Revenue Code. Issued EIN Page 1 of 1 to Internal Revenue Service The- DEPARTMENT OF THE TREASURY Daily I I I Federal Tax ID / El This is your provisional Employer Identification Number: 20-5799881 Today's Date is: October 31, 2006 GMT You will receive a confirmation letter in U.S. mail within fifteen days. The letter will also contain useful tax information for your business or organization. If you have input any of the information on your application in error, please wait seven days and contact the EIN Toll Free area at 1-800-829-4933, Monday- Friday,7:30am-5:30pm. If you do not want to call, please make corrections on the letter you receive confirming your EIN and return it to the IRS. If you are going to complete other on-line applications that require your Employer Identification Number(EIN)you can copy it by performing the following steps: 1) Use your mouse to highlight your EIN (blue number on top of page)by moving your pointer on top of the number. 2) Press the Ctrl key at the same time pressing the C key. Once you copy your FIN you can paste it in the appropriate place by pressing the Ctrl key at the same time pressing the V key. You may click on the buttons below for different print options or to fill out another Form SS-4. Review and Print.Form SS-4 Fill Out Another Form SS.4 Click here to return to the Internet Employer Identification Number landing (start) page. https://sa.www4.irs.gov/sa vign/issueETN.do 10/31/2006 Print Review IRS Form SS-4 EIN Page 1 of 1 Form SS-4 Application for Employer Identification Number EIN (Rev.December 20011 (For use by employers,corporations,partnerships,trusts,estates,churches, 20-5799881 Department of the government agencies,Indian tribal entities,certain individuals,and others.) Treasury See separate instnlcttons for each line. 'Keep copy for records. Internal Revenue Service P a your OMB Na.1545-0003 P Legal name of entity(or individuak for whom the EIN is being requested SORREL RIDGE HOMEOWNERS ASSOCIATION 2 Trade name of business(if different from name on line 1) 3' Executor,trustee,'care or name TIMOTHY J HALOPOFF 4a' Mailing address(room,apt.,suite no.and street,or P.O.box) 5a Street address(if different)(Do not enter a P.O.box) PO BOX 1245 4b' City,state,and ZIP code 5b City,state,and ZIP code FORT COLLINS CO 80522 - 1245 - 6' County and state where principal business is located County LARIMER State CO 7a Name of principal officer,general partner,grantor,owner,or truster 7h SSN,ITIN,EIN 8a' Type of entity(check only one) L!:Estate(SSN of decedent) ['Sole Proprietor(SSN) r_Plan administrator(SSN) ['Partnership C Trust(SSN of grantor) rCorporation(enter form number to be filed) * [''National Guard ['Stateflocal government r'Personal Service ['.Farmers'cooperative (TI Federal government/military ['-•"••Church or church-controlled organization r REMIC r Indian tribal govemmentlenterprises r�'Other nonprofit organization(specify) * HOA Group Exemption NO.(GEN) ► ['Other(specify) fib If a corporation,name the state or foreign country State Foreign county (if applicable)where incorporated CO 9' Reason for applying(check only one) L-Banking purpose(specify purpose) i✓-''Started new business(specify type) r Changed type of organization(specify new type) ► HOA r Purchased going business [''Hired employees(Check the box and see line 12) IT Created a trust(specify type) ► ['Compliance with IRS withholding regulations r Created a pension plan(specify type) ' ['Other(specify) 10' Date business started or acquired(month,day,year) 11 Closing month of accounting year OCT 31 2006 12 First date wages or annuities were paid or will be paid(month,day,year) Note:lf applicant is a withholding agent,enter date income will first be paid to nonresident alien.(month day vearl 13 Highest number of employees expected in the next twelve months Note:/f the applicant Agriculture Household Other does not expect to have any employees during the period,enter'-O' t 0 0 0 14' Check box that best describes the principal activity of your business I Heath care&social assistance r'Wholesale-agent/broke I:ConsWction IT Rental&leasing ['Transportation&warehousing I.Accommodation&food service r Wholesale-other ['Real estate r Manufacturing ['Finance&insurance ri Retail C Other(specify) 15' Indicate principal line of merchandise sold;specific construction work done;products produced;or services provided. HOMEOWNERS ASSOCIATION 16a* Has the applicant ever applied for an employer identification number for this or any other business? FT Yes P.No Note If'Yes'please complete lines 16b and 16c 16b If you checked"tee on line 16a,give applicant's legal name and trade name shown on prior application if different from line 1 or 2 above. Legal name Trade name 16c Approximate date when,and city and state where,the application was fled.Enter previous employer identification number if known. Approximate date when filed(month,day,year) City and state where fled Previous EIN Complete section only if you want to authorize the named individual to receive the enbNs EIN and answer questions about the completion et this form Third Designee's name Designee's telephone number(include area[ Party CHARLES J CUYPERS Designee Address and ZIP code ( 970 ) 493- 8787 Designees tax number(include area code) 1008 CENTRE AVE FORT COLLINS CO 80526- ( 970 ) 493- 8788 Under penalties of perjury.'declare that I have examined this appication,and to the best of my knowledge and belief.tt is true. Applicants telephone number(include area correct and complete. Name and title(type or print clearly) ( ) - TIMOTHY J HALOPOFF Applicants fax number(include area cede) Signature 'Nat Required Date " October 31,2006 GMT ( ) - https://sa.www4.irs.gov/sa vign/review.do? 10/31/2006 SORREL RIDGE HOMEOWNERS ASSOCIATION ACTION OF DIRECTORS BY UNANIMOUS CONSENT The undersigned Timothy J. Halopoff and James Randall, the Directors of the Executive Board named in the Articles of Incorporation of SORREL RIDGE HOMEOWNERS . ASSOCIATION, a corporation formed under the Colorado Nonprofit Corporation Act, hereby waive notice of and the holding of the organizational meeting of the Executive Board and unanimously consent to the adoption of the following resolutions and recording thereof among the minutes of proceedings of the Association: RESOLVED, that the Articles of Incorporation of the Association filed with the Secretary of State of the State of Colorado on October 31, 2006, a copy of which is annexed to these resolutions,be, and the same hereby are, approved and accepted. RESOLVED, that the Bylaws, a copy of which is annexed to these resolutions, are hereby adopted and declared to be the Bylaws of this Association. RESOLVED, that the following persons are elected officers of the Association in the respective capacities set before their names to serve until the first annual meeting of the Executive Board and until their respective successors are elected and qualified: President Timothy J. Halopoff Secretary/Treasurer James Randall RESOLVED, that the Secretary of the Association be instructed to procure a well-bound book in which to preserve the minutes of the meetings of the Executive Board and Members of the Association, and in which shall be kept the Certificate of Incorporation issued by the Secretary of the State of Colorado, attached to which is the duplicate original to the Articles of Incorporation, and the original copy of the Bylaws of the Association. The Secretary shall also be instructed to procure such ledgers, books of account and other supplies as may be required. RESOLVED, that the seal of the Association, if acquired and used, shall consist of a circular imprint bearing around the outside rim the words " SORREL RIDGE HOMEOWNERS ASSOCIATION " and the word "COLORADO" and in the center the word "SEAL." RESOLVED, that the officers of the Association cause to be prepared, appropriate books and records in which shall be recorded, among other things, the names and addresses of the Members of the Association and the Owners of Lots in Sorrel Ridge P.U.D. RESOLVED, that the principal office of the Association be established and maintained at 2819 Seccomb Street, Fort Collins, Colorado 80526, until said location is changed by further resolution of the Executive Board. The undersigned, being all of the Directors of the Executive Board of SORREL RIDGE HOMEOWNERS ASSOCIATION,hereby unanimously consent to, approve and adopt the foregoing resolutions effective October 31, 2006, notwithstanding the actual date of signing. Executed: October 3i5;2006. J es Randall, Director Executed: October 3icr. 2006. Timothy J. H. op�off, Di CERTIFICATION I hereby certify that the foregoing Action of Directors by Unanimous Consent was filed among the minutes of the Executive Board of SORREL RIDGE HOMEOWNERS ASSOCIATION. Executed: October 3 I 51,2006. (>Gsatul(yn lk � dn�a u es Randall, S cretary BYLAWS OF SORREL RIDGE HOMEOWNERS ASSOCIATION ARTICLE I. NAME AND LOCATION The name of this nonprofit Corporation is Sorrel Ridge Homeowners Association, hereinafter referred to as the "Association." The principal office of the Corporation shall initially be located at 2819 Seccomb Street, Fort Collins, Colorado 80526, but meetings of Members and Directors maybe held at such places within the state of Colorado, County of Lorimer, as may be designated by the Executive Board. ARTICLE II. DEFINITIONS "Act" shall refer to the Colorado Common Interest Ownership Act (Colorado Revised Statutes 38-33.3-101 et. seq.), as amended from time to time. "Association" shall mean and refer to Sorrel Ridge Homeowners Association, a Colorado Corporation, its successors and assigns. "Common Area" shall mean all real property owned by the Association for the common use and enjoyment of the owners. "Declarant" shall mean and refer to Sorrel Ridge, Inc. a Colorado corporation, its successors and assigns. "Declaration" shall mean and refer to the Declaration of Covenants, Conditions and Restrictions for Sorrel Ridge recorded in the office of the Weld County Clerk and Recorder, Colorado. "Members" shall mean and refer to the lot owners within the common interest community who shall be entitled to membership as provided in the Declaration. "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of the fee simple title to any lot within the Property, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation. "Property" shall mean and refer to the Lots and Common Element described in the Declaration of Covenants, Conditions and Restrictions for Sorrel Ridge, which properties are know collectively as "Sorrel Ridge", in Weld County, Colorado. ARTICLE III. MEMBERSHIP Every person or entity who is a record owner of a fee, or undivided fee, interest in any lot within the Property including contract sellers, but not including contract purchasers, shall be a member of the Association. The foregoing is not intended to include persons or entities who hold an interest merely as security for the performance of an obligation. Membership shall be appurtenant to, and may not be separated from ownership of any lot. ARTICLE IV. VOTING RIGHTS 4.1 Declarant's Rights. Declarant reserves the right to appoint and remove the officers and members of the Executive Board of the Association until the earlier to occur of the following: (a) sixty days after conveyance of seventy-five percent (75%) of the lots within the Property to owners other than Declarant; or (b) two years after the last conveyance of a lot by Declarant in the ordinary course of business. 4.2 Transfer of Rights to Owners. Not later than sixty days after conveyance of one- fourth (1/4th) of the lots within the Property to owners other than Declarant, at least one member and not less than twenty-five percent of the Members of the Executive Board must be elected by owners other than Declarant. Not later than sixty days after conveyance of fifty percent (50%) of the lots to owners other than Declarant, not less than thirty-three and one-third percent of the members of the Executive Board must be elected by owners other than Declarant. 4.3 Elections by Owners. Upon termination of the period of Declarant's control, the owners shall elect an Executive Board of at least three members, at least a majority of whom must be owners other than Declarant. To be eligible to be a member of the Executive Board, a Director must be an Owner who is not in violation of the Declaration. The Members may vote to have approximately one-third of the Executive Board elected each year so as to provide some continuity in the management. The Executive Board shall appoint the officers. The Executive Board and officers shall take office upon termination of the period of Declarant control. 4.4 Surrender of Declarant's Rights. Declarant reserves the right to voluntarily surrender Declarant's right to appoint and remove officers and members of the Executive Board before termination of the period of Declarant control set forth above, in which event Declarant may require, for the duration of the period of Declarant control set forth above, that specified actions of the Association or Executive Board, as described in a recorded instrument executed by Declarant, be approved by Declarant before they become effective. ARTICLE V. MEETINGS OF MEMBERS 5.1 Annual Meetings. The first annual meeting of the Members shall be held in October, 2006, and each subsequent regular annual meeting of the Members shall be held in February of 2 each year thereafter. If the day for the annual meeting of the Members is a legal holiday, the meeting will be held at the same hour on the first day following which is not a legal holiday. 5.2 Special Meetings. Special meetings of the Members may be called at any time by the President or by a majority of the Executive Board, or upon written request of Members who are entitled to cast at least twenty percent (20%) of the votes. 5.3 Notice of Meetings. Written notice of each meeting of the Members shall be given by, or at the direction of, the Secretary or person authorized to call the meeting, by mailing a copy of such notice, postage prepaid, not less than ten (10) nor more than fifty(50) days before such meeting to each member entitled to vote thereat, addressed to the mailing address of each lot or to any other mailing addressed designated in writing by each lot's owner. Notices may also be hand-delivered. The notice of any meeting must state the time and place of the meeting and the items on the agenda, including the general nature of any proposed amendment to the Declaration or these Bylaws, any budget changes, and any proposal to remove an officer of a member of the Executive Board. 5.4 Quorum. A quorum shall be deemed present throughout any meeting of the Association if persons entitled to cast at least twenty percent (20%) of the votes are present, in person or by proxy at the beginning of the meeting. If, however, such quorum shall not be present or represented at any meeting, the Members entitled to vote thereat shall have power to adjourn the meeting from time to time, without notice other than announcement to those Members present or represented. A majority of the votes entitled to be cast by the Members present, or represented by proxy at a meeting at which a quorum is present, shall be necessary to transact business and to adopt decisions binding on all Members. 5.5 Voting/Proxies. At all meetings of Members, each member may vote in person or by proxy. All proxies shall be in writing and filed with the Secretary. Every proxy shall be revocable and shall automatically cease upon conveyance by the member of his lot. Voting at meetings shall comply with Section 38-33.3-310 of the Act. ARTICLE VI. EXECUTIVE BOARD, SELECTION 6.1 Number. The affairs of the Association shall initially be managed by an Executive Board of three (3) Directors. The number of Directors may be enlarged or reduced from time to time but the Executive Board shall be composed of at least two Directors. The number and selection of Directors elected by persons other than the Declarant shall comply with the provisions of Section 38-33.3-303 (6) of the Act. 6.2 Classification of Tenure. If the Executive Board is composed of six Directors, the Directors are hereby divided into three classes. Each class will consist, as nearly equal as possible, of one-third of the number of Directors then constituting the whole Executive Board. The term of office for those of the first class shall expire at the annual meeting next ensuing. 3 The term of office of the second class shall expire one year thereafter. The term of office of the third class shall expire two years thereafter. At each succeeding annual election, the Directors elected shall be chosen for a full term of three years to succeed those whose terms expire. In case of any increase in the number of Directors, the additional directorships so created may be filled in the first instance in the same manner as a vacancy in the Executive Board. 6.3 Removal. Any Director may be removed from the Executive Board, with or without cause,by a majority vote of the Members of the Association. In the event of death, resignation, or removal of a Director, his successor shall be selected by the remaining Members of the Executive Board and shall serve for the unexpired term of his predecessor. 6.4 Compensation. No Director shall receive compensation for any service he or she may render to the Association. However, any Director may be reimbursed for his actual expenses incurred in the performance of his duties. ARTICLE VII. NOMINATION AND APPOINTMENT OF DIRECTORS 7.1 Nomination. Until otherwise required by the Act, the Directors shall be appointed by the Declarant. Thereafter, and to the extent that Directors are to be elected by persons other than the Declarant, nominations for election to the Executive Board shall be made from the floor at the annual meeting. Such nominations may be made from among Members or nonmembers. 7.2 Election. Election to the Executive Board shall be by secret written ballot. At such election the Members or their proxies may cast, in respect to each vacancy, as many votes as they are entitled to exercise under the provisions of the Declaration. The persons receiving the largest number of votes shall be elected. Cumulative voting is not permitted. ARTICLE VIII. MEETING OF DIRECTORS 8.1 Regular Meetings. Regular meetings of the Executive Board may be held monthly without notice or on such other schedule as the board may determine at such place and hour as may be fixed from time to time by resolution of the Executive Board. Should said meeting fall upon a legal holiday, then that meeting shall be held at the same time on the next day which is not a legal holiday. 8.2 Special Meeting . Special meetings of the Executive Board shall be held when called by any two Directors, after not less than three(3) days notice to each Director. 8.3 Quorum. A majority of the number of Directors shall constitute a quorum for the transaction of business. Every act or decision done or made by a majority of the Directors present at a duly held meeting at which a quorum is present shall be regarded as the act of the Executive Board. 4 ARTICLE IX. POWERS AND DUTIES OF THE EXECUTIVE BOARD 9.1 General Powers. The Executive Board shall have the power to perform all the duties, obligations and responsibilities provided in the Covenants, Conditions, Restrictions and Easements for Sorrel Ridge Homeowners Association and by law as well as those powers which are clearly implied in order carry out the intent of the Declaration and the Act. 9.2 Governance Policies of Executive Board. The Executive Board shall perform the following in its management of the affairs of the Association: (a) Maintain accounting records using generally accepted accounting principles; (b) Adopt rules and regulations concerning collection of assessments, Director's conflicts of interest, conduct of meetings, and enforcement of Declaration, including notice and hearing procedures and schedule of fines; (c) Adopt policy regarding inspection and copying of Association records by Owners or Owner's agents and investment of reserve funds; (d) Adopt procedure for amending rules and regulations; and, (e) Adopt policy for reimbursement of Directors for attending educational meetings and seminars on responsible governance of associations. ARTICLE X. OFFICERS AND THEIR DUTIES 10.1 Enumeration of Offices. The offices of this Association shall be a President, a Secretary, and a Treasurer, and such other officers as the Executive Board may from time to time by resolution create. 10.2 Election of Officers. The election of officers shall take place at the first regular meeting of the Executive Board. 10.3 Term. The officers of this Association shall be elected annually by the Executive Board and each shall hold office for one (1) year unless he or she shall sooner resign, or shall be removed, or otherwise disqualified to serve. 10.4 Resignation and Removal. Any officer may be removed from office with or without cause by the Executive Board. Any officer may resign at any time by giving written notice to the Executive Board, the President or the Secretary. Such resignation shall take effect on the date of receipt of such notice or at any late time specified therein, and unless otherwise specified therein, the acceptance of such resignation shall not be necessary to make it effective. 10.5 Vacancies. A vacancy in any office may be filled by appointment by the Executive Board. The officer appointed to such vacancy shall serve for the remainder of the term of the officer replaced. 5 10.6 Multiple Offices. The offices of Secretary and Treasurer may be held by the same person. No person shall simultaneously hold more than one of any of the other offices except in the case of special offices created pursuant to Section 4 of this Article. 10.7 Duties. The duties of the officers are as follows: President The President shall preside at all meetings of the Executive Board; shall see that orders and resolutions of the Executive Board are carried out; shall sign all leases, mortgages, deeds and other written instruments and may co-sign all checks and promissory notes. Secretary The Secretary shall record the votes and keep the minutes of all meetings and proceedings of the Executive Board and of the Members; keep the corporate seal of the Association and affix it on all documents requiring said seal; serve notice of meetings of the Executive Board and of the Members; keep appropriate current records showing the Members of the Association together with their addresses, and shall perform such other duties as required by law. Treasurer The Treasurer shall receive and deposit in appropriate bank accounts all monies of the Association and shall disburse such funds as directed by resolution of the Executive Board; may sign all check and promissory notes of the Association; keep proper books of account; may cause an annual audit of the Association books to be made by a public accountant at the completion of each fiscal year; and shall prepare an annual budget and a statement of income and expenditures to be presented to the membership at its regular annual meeting, and deliver a copy of each to the Members. ARTICLE XI. COMMITTEES The Executive Board may appoint such committees as deemed appropriate in carrying out its purposes. ARTICLE XII. BOOKS AND RECORDS 12.1 Inspection of Books and Records. The Association shall make available for inspection at its principal office, upon request, during normal business hours or under other reasonable circumstances to Owners and holders of security interests, current copies of the association documents and the books, records, and financial statements of the Association 6 prepared pursuant to the Bylaws. Any Owner or security interest holder may make a written request to the Association for a copy of the financial statements for the preceding year. The Association may charge a reasonable fee for copying such materials. 12.2 Association Records. The Association shall maintain the following records at its principal office: (a) Final Plat (b) Development Agreement (c) Final Use Plan (d) Articles of Organization (e) By-laws (1) Declaration and amendments (g) Resolutions of the Executive Board (h) Minutes of Owners' meetings and records of Owners' actions without meetings for past three years ()) All written communications to Owners for past three years (j) Names, addresses and telephone numbers of current Directors and officers (k) Most recent financial reports (1) All financial reports and audits for past three years. ARTICLE XIII. ASSESSMENTS The Association shall have all rights and authorities granted it by the Declaration and the Act, to levy and collect assessments. ARTICLE XIV. CORPORATE SEAL The Association may elect to obtain a seal in circular form having within its circumference the words, "Sorrel Ridge Homeowners Association, a Colorado Nonprofit Corporation." ARTICLE XV. AMENDMENTS 15.1 These Bylaws may be amended, at any regular or special meeting of the Executive Board at which a quorum is present,by a vote of 67 percent of the votes present. Members must be given notice of such proposed amendment, as required by the Act. 15.2 In the case of any conflict between the Articles of Incorporation and these Bylaws, the Articles shall control; and in the case of any conflict between the Declaration and these Bylaws, the Declaration shall control. 7 ARTICLE XVI. MISCELLANEOUS The fiscal year of the Association shall begin on the first day of January and end of the thirty-first day of December of every year, except that the first fiscal year shall begin on the date of incorporation. IN WITNESS WHEREOF, we, being all of the Directors of the Executive Board of Sorrel Ridge Homeowners Association, have hereunto set our hands this 3Irday of October, 2006. Timothy J. opoff,Dire Ames Randall, Director CERTIFICATION I, the undersigned,hereby certify: (a) I am the duly elected and acting Secretary of Sorrel Ridge Homeowners Association, a Colorado Nonprofit Corporation, and, (b) the foregoing Bylaws constitute the original Bylaws of said Association, as duly adopted at a meeting of the Executive Board thereof, held on the 315r day of October, 2006. dam) Ctimistai es Randall, Secretary 8 SORREL RIDGE HOMEOWNERS ASSOCIATION ACTION OF DECLARANT/MEMBER BY UNANIMOUS CONSENT The undersigned, Soaring Skies Ventures, LLC,being the sole Declarant and Member under the Declaration of Covenants, Conditions, Restrictions and Easements for Sorrel Ridge Homeowners Association, hereby waive notice of and the holding of a meeting of the Members of the Sorrel Ridge Homeowners Association ("Association") and unanimously consent to the adoption of the following resolutions and recording thereof among the minutes of proceedings of the Association: RESOLVED, that the Articles of Incorporation of the Association filed with the Secretary of State of the State of Colorado on October 31, 2006, a copy of which is annexed to these resolutions,be, and the same hereby are, approved and accepted. RESOLVED, that the Bylaws, a copy of which is annexed to these resolutions, are hereby adopted and declared to be the Bylaws of the Association. RESOLVED, that the following persons are designated as Directors of the Executive Board of the Association until their respective successors are elected and qualified: Timothy J. Halopoff, Director James Randall, Director RESOLVED, that the Secretary of the Association be instructed to procure a well-bound book in which to preserve the records of the proceedings of the Members of the Association. The Secretary shall also be instructed to procure such ledgers, books of account and other supplies as may be required. The undersigned, being all of the Declarants and Members of Sorrel Ridge Homeowners Association hereby unanimously consent to, approve and adopt the foregoing resolutions effective October 31, 2006, notwithstanding the actual date of signing. Declarant/Member SOARING SKIES VENTURES, LLC, A Colorado Limited Liability Company By: Z— �r4 alopo Timothy J. ff, g DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS, AND EASEMENTS FOR SORREL RIDGE P.U.D. TABLE OF CONTENTS RECITALS I ARTICLE I. DECLARATION OF COVENANTS,CONDITIONS AND RESTRICTIONS 1 1.1 Imposition of Covenants 1 1.2 Development and Use ARTICLE II. DEFINITIONS 2 ARTICLE Ill. THE RESIDENTIAL COMMUNITY 7 3.1 Establishment of Planned Community 7 3.2 Declaration of Lot Boundaries 7 3.3 Plat 7 ARTICLE IV. ASSOCIATION AS ATTORNEY-IN-FACT 7 ARTICLE V .THE ASSOCIATION 7 5.1 Association Management Duties 7 5.2 Common Element and Improvements 8 5.3 Association's Responsibility for Common Element 8 5.4 Membership 8 5.5 Classes of Membership and Voting Rights 9 5.6 Allocated Interests 9 5.7 Appointment of Officers and Directors by Declarant 9 5.8 Budget 9 5.9 Owners' and Association's Addresses for Notices 10 5.10 Compliance with Documents 10 5.11 Rules and Regulations 10 5.12 Cooperation with Other Associations I I 5.13 Cooperation with Local Government I1 5.14 Cooperation with Developers I I 5.15 Manager 11 5.16 Delegation by Association Board I I 5.17 Ownership of Personal Property and Real Property for Common Use 12 5.18 Annual Notice of Books and Records 12 5.19 Maintenance Reserves 13 5.20 Implied Rights and Obligations 13 5.21 Litigation Matters 13 5.22 Governance Policies of Executive Board 13 ARTICLE VI. DESIGN REVIEW COMMITTEE 14 6.1 Committee and Guidelines 14 6.2 DRC Membership and Organization 15 6.3 Purpose and General Authority 16 • 6.4 DRC Discretion 16 6.5 Binding Effect 16 6.6 Organization and Operation of DRC 16 6.7 Expenses 17 i 6.8 Other Requirements 18 6.9 Limitation of Liability 18 6.10 Enforcement 18 6.11 Reconstruction of Common Element 19 6.12 Variances 19 6.13 Color '0 6.14 Address Signage 20 6.15 Fences 20 6.16 Mailboxes '0 6.17 Subdivision '0 ARTICLE VII. PROPERTY USE RESTRICTIONS '0 7.1 General Restriction '0 7.2 Residential Use of Lots 20 7.3 Home Occupations 2 I 7.4 Household Pets and Livestock " 7.5 Pet Runs and Animal Enclosures 23 7.6 Signage 23 7.7 Leases 23 7.8 Storage of Inoperative Vehicles 24 7.9 Repair 24 7.10 Parking '4 7.11 Trash 24 7.12 Screens,Awnings, Flags and Other Accessories 25 7.13 Storage '5 7.14 Antennae or Electrical or Cooling Devices 25 7.15 Electrical,Television,Natural Gas and Telephone Service 25 7.16 Water and Sanitation 26 7.17 Wells '6 7.18 Temporary Structures 26 7.19 Outside Burning '6 7.20 Noise 26 7.21 Lighting '6 7.22 Nuisances 26 7.23 Use of Facilities 27 7.24 Enforcement 27 ARTICLE VIII. MAINTENANCE 77 8.1 Owner's Responsibility for Lot 77 8.2 Owner's Negligence 27 8.3 Association's Easement to Perform Work '8 ARTICLE IX. PROPERTY RIGHTS IN COMMON ELEMENT 28 9.1 Dedication of Common Element 28 92 Owners' Easements of Enjoyment '8 9.3 Delegation of Use 29 9.4 Easements for Utilities, Infrastructure and Access 29 9.5 Utilities 29 9.6 Emergency Access Easement 29 9.7 Declarant' Rights Incident to Construction 29 ARTICLE X. COVENANT FOR MAINTENANCE ASSESSMENTS 30 10.1 Creation of the Lien and Personal Obligation for Assessments 30 10.2 Purpose of Assessments 30 10.3 Calculation and Apportionment of Assessments and Expenses 30 10.4 Special Assessments 31 10.5 Uniform Rate of Assessment 31 10.6 Common Expenses Attributable to Fewer than All Lots 31 10.7 Date of Commencement of Annual Assessments and Payment Period 32 10.8 Collection 32 10.9 Default Assessments 32 10.10 Effect of Nonpayment of Assessment 32 10.11 Successor's Liability for Assessment 33 10.12 Waiver of Homestead Exemption; Subordination of the Lien 34 10.13 Statement of Status of Assessments 34 10.14 Failure to Assess 35 ARTICLE XI. DAMAGE OR DESTRUCTION 35 11.1 Estimate of Damage or Destruction 35 11.2 Repair and Reconstruction 35 11.3 Funds for Repair and Reconstruction 35 11.4 Disbursement of Funds for Repair and Reconstruction 35 11.5 Decision Not to Rebuild 36 11.6 Damage or Destruction Affecting Lots 36 ARTICLE XII. CONDEMNATION 36 12.1 Rights of Owners 36 12.2 Partial Condemnation;Distribution of Award; Reconstruction 36 12.3 Complete Condemnation 37 ARTICLE XIII. INSURANCE 37 13.1 General Insurance Provisions 37 13.2 Authority to Purchase 37 13.3 Physical Damage Insurance on Common Element 37 13.4 Liability Insurance 38 13.5 Fidelity Insurance 39 13.6 Flood Insurance 39 13.7 Provisions Common to Physical Damage Insurance, Liability Insurance, Fidelity Insurance and Flood Insurance 39 13.8 Personal Liability Insurance of Officers and Directors 41 13.9 Workmen's Compensation Insurance 41 13.10 Other Insurance 41 13.11 Insurance Obtained by Owners 41 ARTICLE XIV. INDEMNIFICATION 41 ARTICLE XV. SPECIAL DECLARANT RIGHTS 42 15.1 Special Declarant' Rights 42 15.2 Additional Reserved Rights 43 15.3 Order of Exercise of Declarant's Rights 43 15.4 Rights Transferable 43 iii ARTICLE XVI. EXPANSION 44 16.1 Reservation of Right to Expand 44 16.2 Declaration of Annexation 44 ARTICLE XVII. DRAINAGE 44 17.1 Acknowledgment 44 17.2 Moisture 45 17.3 Grading 45 17.4 Water Flow 45 17.5 Action by Owner 45 17.6 Disclaimer 46 ARTICLE XIII. MISCELLANEOUS PROVISIONS 46 18.1 Enforcement 46 18.2 Term of Declaration 46 18.3 Amendment of Declaration 46 18.4 Captions 46 18.5 Gender 47 18.6 Waiver 47 18.7 Invalidity and Severability 47 18.8 No Partition of Common Area 47 18.9 Conflict 47 18.10 Weld County's Right to Farm 47 EXHIBIT"A" 49 EXHIBIT"B" 49 EXHIBIT"C" 50 iv DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS, AND EASEMENTS FOR SORREL RIDGE P.U.D. THIS DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS FOR SORREL RIDGE P.U.D. is made and entered into this day of December, 2006,by SOARING SKIES VENTURES, LLC, a Colorado Limited Liability Company (Declarant). RFCITAI S A. Declarant is the owner of Sorrel Ridge P.U.D. located in the County of Weld, State of Colorado. legally described on Exhibit "A" attached hereto and incorporated herein by this reference (Property). The final plat for Sorrel Ridge P.U.D., having been duly approved and executed, has been recorded in the Office of the Clerk and Recorder for Weld County, Colorado at Reception No. . The Property situated in Sorrel Ridge P.U.D. is subject to this Declaration. B. The purpose of Declarant in making this Declaration is to create a planned common interest community known as Sorrel Ridge P.U.D. in accordance with the Colorado Common Interest Ownership Act, C.R.S. § 38 33.3-101, et sec}., as amended and supplemented from time to time. C. Declarant intends to ensure the attractiveness of the Property, including the residences and other improvements constructed on it: to protect and enhance the values and amenities of the Property; to provide for the administration. operation, use and maintenance of common element: and to promote the health, safety and welfare of the Owners of property in the Project. ARTICLE I. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 1.1 Imposition of Covenants. Declarant hereby makes, declares, and establishes the following covenants, conditions, restrictions, and easements (Covenants) that shall affect all of the Property. From this day forward, the Property shall constitute a planned common interest community known as Sorrel Ridge P.U.D. (Residential Community) under the Act and shall be held, sold and conveyed subject to these Covenants. These Covenants shall run with the land and shall be binding upon all Persons having any right, title, or interest in all or any part of the Property, including Declarant, and its heirs, successors, assigns, tenants, employees, guests, and invitees. These Covenants shall inure to the benefit of each Owner of the Property or part thereof. 1.2 Development and I Ise. Upon completion, the Residential Community shall consist of a maximum of nine (9) Lots for single-family residential use. No Lots in excess of that number may be established on the Property or by the subdivision of existing Lots. ARTICLE II. DEFINITIONS When used in this Declaration, unless the context clearly indicates otherwise, capitalized terms not otherwise defined in the Act arc defined as follows: 2.1 "Act" or "CCIOA" shall mean and refer to the Colorado Common Interest Ownership Act, C.R.S. §38-33.3-101, et seq , as amended and supplemented from time to time, or any successor legislation to these statutes. 2.2 "Allocated Interests" shall mean and refer to liability for Common Expenses and votes in the Association. 2.3 "Annual Assessments" shall mean the Assessments levied annually pursuant to Section 8.3. 2.4 "Articles" or "Articles of Incorporation" shall mean and refer to the Articles of Incorporation which have been filed with the Secretary of State of Colorado to create Sorrel Ridge Residential Association, as such Articles may be amended from time to time. 2.5 "Assessments" shall mean and refer to all Common Expense Assessments. Special Assessments, Default Assessments, Individual Assessments and Fines levied by the Executive Board pursuant to this Declaration, the Bylaws or the Rules and Regulations. 2.6 "Association" or "Residential Association" shall Sorrel Ridge Residential Association, a Non-Profit Corporation, or any successor to said Association by whatever name, charged with the duties and obligations set forth in these Covenants. 2.7 "Bylaws" shall mean and refer to any instructions, however denominated, which are adopted by the Residential Association for the regulation and management of the Residential Association, including amendments to same. 2.8 "Common Element" shall mean and refer to any real estate, easements or other real estate interests within the Residential Community owned or leased by the Association, other than a Lot. Unless otherwise permitted by amendment of this Declaration, the "Common Element" shall be limited to the real property described on Exhibit "B" attached hereto and incorporated herein by 2 this reference, and the Improvements located (or to be located) thereon, and other appurtenances as are necessary or desirable for the full use and enjoyment by of such Improvements by the Members of the Association and Owners and occupants of Lots within The Residential Community. 2.9 "Common Expense Assessments" shall mean and refer to all Assessments made for Common Expenses and levied by the Executive Board. 2.10 "Common Expenses" shall mean and refer to the expenditures made or financial liabilities incurred for the ownership, use, operation, regulation, maintenance and repair of the Common Element and operation and management of the Residential Association. These expenses include,but are not necessarily limited to: (a) Expenses of administering, maintaining, leasing, insuring, repairing or replacing the Common Element and facilities and improvements located thereon. (b) Expenses declared to be Common Expenses by this Declaration. (c) Expenses agreed upon as Common Expenses by the Association. (d) Such reasonable reserves as may be established by the Association, whether held in trust or by the Association, for repair, replacement or addition to the Common Element or any other real or Personal property acquired or held by the Association. (e) Management fees. (I) Expenses incurred in connection with the use, operation, maintenance and repair of the Common Element and such other features as the Association shall deem reasonable and prudent or as are required by law or contract. (g) Taxes, fees, and similar charges. 2.11 "Declarant" shall mean and refer to SOARING SKIES VENTURES. LLC, or any other Person or group of Persons acting in concert who (a) as a part of a common promotional plan, offers to dispose of to a purchaser a Declarant's interest in a Lot not previously disposed of to a purchaser; or (b) reserves or succeeds to any Special Declarant Right. 2.12 "Declaration" shall mean and refer to this Declaration of Covenants, Condition, Restrictions and Easements for Sorrel Ridge P.U.D., including any amendments hereto and also including, but not limited to. any Plats of The Residential Community recorded in the Office of the Clerk and Recorder of Weld County, Colorado. 2.13 "Default Assessment" shall mean an Assessment levied by the Association pursuant to Article X. 3 2.14 "Design Guidelines" shall mean the guidelines and rules published and amended and supplemented from time to time by the Design Review Committee. 2.15 "Design Review Committee" or "Committee" or "DRC" shall mean the committee formed pursuant to Article VI to maintain the quality and architectural harmony of Improvements in the Residential Community. 2.16 "Director" shall mean and refer to a member of the Executive Board. 2.17 "Dispose" or "Disposition" shall mean and refer to a voluntary transfer of any legal or equitable interest in a Lot.but the term does not include the transfer or release of a Security Interest. 2.18 "Documents" shall mean and refer to this Declaration, any Plat as recorded and filed, the Articles, the Bylaws, and the Rules and Regulations as they may be amended from time to time, together with any exhibit, schedule or certificate accompanying such Documents. 2.19 "Executive Board" shall mean and refer to the Executive Board designated in the Declaration to act on behalf of the Association. 2.20 "Expansion Property" shall mean such additional real property owned or subsequently acquired by Declarant or subject to an option to purchase held by Declarant. which Declarant may make subject to the provisions of this Declaration by duly recorded Declaration of Annexation. 2.21 "Fines" shall mean and refer to any monetary penalty imposed by the Executive Board against a Member or Owner because of a violation of this Declaration, the Articles, the Bylaws or the Rules and Regulations by such Member or Owner, a member of the Owner's family or tenant or guest of the Owner. 2.22 "Improvement(s)" shall mean all buildings, structures, parking areas, fences, walls, decorative landscaping features, hedges, plantings, and other landscaping, lighting, poles, driveways, roads, ponds, irrigation facilities, swimming pools, recreational equipment, signs, changes in any exterior color or shape, excavation and all other site work, including, without limitation, grading, road construction, utility improvements, removal of trees or plantings, and any new exterior construction or exterior improvement which may not be included in the foregoing. "Improvement(s)" does not include turf, shrub, or tree repair or replacement of a magnitude which does not change exterior colors or exterior appearances. "Improvement(s)" includes both original improvements and all later changes and improvements. 2.23 "Landscaping" shall mean and refer to a space of ground covered with lawn, ground cover, shrubbery, trees, flowers and other plant materials which may be complimented with earthen berms, masonry. rock or bark mulch or other ground cover and other similar landscaping materials, together with irrigation/sprinkler systems associated with same (but excluding such systems if 4 owned by another entity with which the Association contracts for such service), all harmoniously combined with other Improvements. 2.24 "Limited Common Element" shall mean a portion of the Common Element, designated in this Declaration, or on any Plat or Map, or by the Act, for the exclusive use of one(1) or more but fewer than all of the Lots. The Board may designate parts of the Common Element from time to time for use by less than all of the Lot Owners. 2.25 "Lot" shall mean and refer to a physical portion of the Residential Community in Sorrel Ridge P.U.D. which is designated for separate ownership or occupancy and the boundaries of which are described in or determined from the applicable declarations and recorded Plats. The governing legal descriptions of the Lots shall be determined in accordance with the appropriate recorded Plat and declaration. Such Lots shall be governed by this and such other declarations as apply to each Lot. 2.26 "Manager" shall mean and refer to a Person employed or engaged to perform management services for the Association. 2.27 "Member" shall mean any Person holding membership in the Residential Association. 2.28 "Mortgage" shall mean any mortgage, deed of trust, or other document which is recorded in the office of the Clerk and Recorder of Weld County, Colorado, and which encumbers any portion of the Property or interest therein as security for the payment of a debt or obligation. 2.29 "Owner" shall mean the Owner of record, including Declarant, and including a contract purchaser, whether one (I) or more Persons of fee simple title to any Lot, but shall not mean or refer to any Person who holds such interest merely' as security for the performance of a debt or other obligation, including a Mortgage, unless and until such Person has acquired fee simple title pursuant to foreclosure or other proceedings. 2.30 "Period of Declarant Control" shall mean the period during which Declarant may appoint and remove Directors and officers of the Association as permitted under the Act. The Period of Declarant Control will begin on the date this Declaration is first recorded in the office of the Clerk and Recorder of Weld County. Colorado, and will end no later than: (i) sixty (60) days after conveyance of seventy-five percent (75%) of the Lots that may be created within the Property and the Expansion Property, to Owners other than Declarant; (ii)two (2) years after the last conveyance of a Lot by Declarant in the ordinary course of business; or, (iii) the date on which Declarant voluntarily terminates the Period of Declarant Control by recording a notice to that effect in the office of the Clerk and Recorder of Weld County, Colorado.whichever of the foregoing dates or events occurs first. 2.31 "Person" means a natural Person, a corporation, a partnership, a limited liability company,an association, a trust or any other entity or combination of the foregoing. 5 2.32 "Plat" or"Final Plat' shall mean the final plat for Sorrel Ridge P.U.D. approved by the County of Weld and recorded in the Office of the Clerk and Recorder for Weld County, Colorado at Reception No. , and any engineering survey or surveys of all or part of the Property, together with such other diagrammatic plans and information regarding the Property as may be required by the Act or other applicable law, or as may be included in the discretion of Declarant, as each such survey may be amended and supplemented from time to time, and all as recorded in the office of the Clerk and Recorder of Weld County, Colorado. 2.33 "Property" shall mean and include the property described on Exhibit "A" and initially subjected to this Declaration and any Expansion Property made subject to these Covenants. 2.34 "Residential Community" shall mean Sorrel Ridge P.U.D., a planned common interest community as defined by the Act created by this Declaration, consisting of the Property, including any Expansion Property, and all of the Improvements located on the Property. 2.35 "Residential Community Documents" shall mean the basic documents creating and governing the Sorrel Ridge P.U.D., including, but not limited to, this Declaration, the Articles of Incorporation and Bylaws, the Design Guidelines, the Residential Community Rules and Regulations, and any other procedures, rules, regulations or policies adopted under such documents by the Association. 2.36 "Security Interest" shall mean and refer to an interest in real estate or Personal property, created by contract or conveyance, which secures payment or performance of an obligation. The term includes a lien created by a mortgage. deed of trust, trust deed, security deed, contract for deed, land sales contract. lease intended as security, assignment of lease or rents intended as security, pledge of an ownership interest in an association, and any other consensual lien or title retention contract intended as security for an obligation. 2.37 "Security Interest Holder" shall mean and refer to a Person owning a Security Interest in a Lot situated on the Property, except the Security Interest for real property taxes and assessments made by Weld County, Colorado. or other governmental authority having jurisdiction over The Residential Community. 2.38 "Special Assessment" shall mean an Assessment levied pursuant to Section 10.4 by Executive Board. 2.39 "Special Declarant Rights" shall mean and refer to the rights reserved for the benefit of the Declarant to perform those acts specified in this Declaration. 2.40 "Successor Declarant" shall mean any Person to whom Declarant assigns any or all of its rights, obligations or interest as Declarant, as permitted by the Act and Residential Community Documents. 6 ARTICLE III. THE RESIDENTIAT. COMM!INITY 3.1 Establishment of Planned Community. By this Declaration, the Residential Community is established as a planned common interest community under the Act, consisting of nine (9)Lots. 3.2 Declaration of Lot Boundaries. The boundaries of each Lot are designated on the Plat, and each Lot is identified by the number or address noted on the Plat. 3.3 Plat. The Plat shall conform to the requirements of the Act and shall be filed for record in the office of the Clerk and Recorder of Weld County, Colorado. The Plat may be filed as a whole or as a series of Plats from time to time. Any Plat filed subsequent to the first Plat shall be termed a supplement to the Plat, and the numerical sequence of each supplement shall be shown on it. ARTICLE IV. ASSOCIATION AS ATTORNEY-IN-FACT Each and every Owner hereby irrevocably constitutes and appoints the Association as such Owner's true and lawful attorney-in-fact in such Owner's name, place, and stead for the purpose of dealing with any Improvements on the Common Element upon damage or destruction or a complete or partial taking by condemnation as provided herein. Acceptance by any grantee of a deed or other instrument of conveyance from Declarant or from any Owner shall constitute appointment of the Association as attorney-in-fact as provided in this Article. As attorney-in-fact, the Association shall have full and complete authorization, right, and power to make, execute, and deliver any contract, assignment, deed, waiver, or other instrument with respect to the interest of any Owner which may be necessary or appropriate to exercise the powers granted to the Association as attorney-in-fact. ARTICLE V . THE ASSOCIATION 5.1 Association Management Duties. Subject to the rights and obligations of Declarant as set forth in this Declaration, and the rights and obligations of the Owners, the Association shall be responsible for the administration and operation of the Property as provided by this Declaration. In addition, the Association may undertake contractual responsibilities relating to other Property, facilities or services that are used by or available to the Owners under arrangements, including, without limitation, those described in this Article. The Executive Board shall exercise for the Association all powers, duties and authorities vested in or obligated to be taken by the Association and not reserved to Declarant, or other applicable law. 7 5.2 Common Element and Improvements. Declarant shall transfer to the Association by Special Warranty Deed those tracts constituting the Common Element located within the Property, from time to time, subject to various easements as dedicated on any Plat or by separate recorded instrument. Declarant shall transfer to the Association by written instrument any Improvements located on the Common Element after the Declarant has completed the construction of such Improvements thereon. From time to time before the expiration of the Special Declarant Rights Period, Declarant may, but shall not be obligated to, convey to the Association, by written instrument recorded with the Clerk and Recorder of Weld County, Colorado, certain other parts of the Property (including the Expansion Property) as Common Element. The Common Element generally is designated by this Declaration for the common use, benefit and enjoyment of the Owners, Occupants, employees, tenants, guests and invitees, and such other Persons as may be permitted to use the Common Element, as Declarant may specify. Nothing in this Declaration or the other Residential Community Documents shall be construed as a dedication to public use, or a grant to any public, or quasi-public authority or utility, or an assumption of responsibility for the maintenance of any Common Element by such authority or utility, absent an express written agreement to that effect. 5.3 Association's Responsibility for Common Flement. The Association, subject to the rights and obligations of the Owners set forth in this Declaration, shall be responsible for the management and control of the Common Element conveyed pursuant to Section 5.2, above, and all Common Facilities and Improvements on the Common Element (including any equipment related thereto), and shall keep it in good, clean, and attractive condition and repair, pursuant to the terms and conditions of this Declaration. The Association shall maintain, repair, replace, beautify and keep neat, attractive, and in good order all of the Common Element, Common Facilities, Improvements, Landscaping, exterior lighting, open space, wetlands owned by or which is the responsibility of the Association. Any use of the Common Element and Common Facilities by Owners, Occupants, employees, tenants, guests and invitees, and such other Persons permitted access to the Common Element shall be subject to and governed by any applicable Residential Community Rules. The Association, acting through the Executive Board, may grant easements, rights-of-way, leases, licenses and concessions through or over the Common Element without the independent approval by the Owners; subject. however, to the right of Declarant and the Owners to use the Common Element as provided in this Declaration. 5.4 Membership. Every Owner shall be a Member of the Association. Membership shall be appurtenant to and may not be separated from Ownership of any Lot. No Owner, whether one (1) or more Persons. shall have more than one (1) Membership per Lot owned, but all of the Persons owning each Lot shall be entitled to rights of Membership and of use and enjoyment appurtenant to such Ownership. 8 5.5 Classes of Membership and Voting Rights. The Association shall have one class of voting Membership composed of all Owners, including Declarant. All Members shall be entitled to vote on Association matters on the basis of each Member's Ownership Interest, as defined. The votes cast in favor or in opposition to any issue before the Membership shall be tallied on the basis of the Owners' Membership Interests in the Property actually voting. Any dispute concerning the Owners' Membership Interests voting on an issue shall be determined by reference to the real estate records of Weld County including the Final Plat and any amendments thereto and recorded Documents, or the most recent Declaration of the Declarant or Executive Board. whichever applies. When more than one Person is an Owner of any Lot, all such Persons shall be Members. The vote for such Lot may not be divided, but must be a single act exercised by one Person as the Owners collectively determine. Any Person, upon becoming a Member, on request shall furnish to the Secretary of the Association a photocopy or certified copy of the recorded instrument, lease, or other written evidence, vesting the party with the interest required to become a Member of the Association. 5.6 Allocated Interests. The liability for Common Expense and votes in the Association allocated to each Lot are set forth as follows: (a) Except as specifically provided to the contrary in this Declaration, the percentage of liability for Common Expenses shall be allocated on the basis of each Owner's Membership Interest for their respective Lot(s) in the Residential Community; and. (b) The number of votes in the Association shall be allocated on the basis of each Owner's Membership Interest for their respective Lot(s) in the Residential Community. 5.7 Appointment of Officers and Directors by Declarant. Until the expiration of the Period of Declarant Control, Declarant shall retain the exclusive powers to appoint and remove the Directors on Executive Board and Officers of the Association. Notwithstanding the foregoing. Declarant may voluntarily surrender the right to appoint and remove the Directors and Officers of the Association before the end of the Period of Declarant Control by providing a notice to that effect to the Association and otherwise complying with the procedures for termination of this Special Declarant Right. Upon voluntarily terminating this Special Declarant Right in advance of the expiration of the Period of Declarant Control, Declarant may require that specified actions of the Association as described in an instrument executed and recorded by Declarant in the office of the Clerk and Recorder of Weld County, Colorado. be approved by Declarant before those actions become effective. 5.8 Budget. Within thirty (30) days after adoption of any proposed budget for the Association. the Board shall mail, by ordinary first-class mail, or otherwise deliver, a summary of 9 the budget to the Owners and shall set a date for a meeting of the Owners to consider ratification of the budget not less than fourteen (14) nor more than sixty (60) days after mailing or other delivery of the summary. Unless at that meeting the budget is rejected by the vote or agreement of Owners of Lots to which at least sixty-seven percent (67%) of the Owner's Membership Interests in the Association are allocated, then the budget is ratified, whether or not a quorum is present. In the event that the proposed budget is rejected, the periodic budget last ratified by the Owners shall he continued until such time as the Owners ratify a subsequent budget proposed by the Board. 5.9 Owners' and Association's Addresses for Notices. All Owners of each Lot shall have one and the same registered mailing address to be used by the Association or other Owners for notices, bills, and all other communications regarding Association matters. The address shall be that which is assigned by Weld County unless the Owner or Owners of a Lot shall furnish a different registered address to the Secretary of the Association after receiving title to the Lot. The registration shall be in written form and signed by all of the Owners of the Lot or their authorized representative(s). If all of the Owners cannot agree, then the assigned address of the Lot shall be deemed the registered address until another registered address is furnished as required under this Section. If the address of the Lot is the registered address of the Owners, then any notice shall be deemed duly given if delivered to any Person occupying the Lot or sent to the Lot by first class mail. If the Lot is unoccupied, the notice shall be held and available for the Owners at the principal office of the Association. All notices, demands, and correspondence intended to be served upon the Executive Board shall be sent to the address of the Association or such other address as the Board may designate from time to time by a notice delivered to all Owners in accordance with this Section. 5.10 Compliance with Documents. Each Owner shall abide by and benefit from the provisions, covenants, conditions, and restrictions contained in the Residential Community Documents. 5.11 Rules and Regulations. The Association, from time to time and subject to the provisions of the Residential Community Documents, may adopt, amend and repeal "Residential Community Rules and Regulations" governing, among other things and without limitation: (a) The use of the Common Element and Common Facilities; and (b) The use of parking facilities, street, driveways, sidewalks, trails, trash and recycling storage, and similar amenities, if any, within the Residential Community. A copy of the Residential Community Rules and Regulations in effect shall be distributed to each Member of the Association. Any change in the Residential Community Rules and 10 Regulations shall be distributed to each Member within a reasonable time following the effective date of the change. Without limiting the generality of the foregoing, the Board may suspend voting rights of a Member after notice and hearing and take such enforcement action as provided in the Bylaws for an infraction of the Residential Community Rules and Regulations. 5.12 Cooperation with Other Associations. The Association shall have the right, power and authority to contract in writing with other Associations governing common interest communities within the Residential Community for services involved in management of the Association's affairs. Any such contract may provide for payment by the Association of the reasonable estimated expense of providing such services, including in such event the fair share of the overhead expenses of the other Association. 5.13 Cooperation with local Government. The Association will cooperate with local governmental and quasi-governmental authorities in all respects to enable the Association and such authorities to efficiently and economically provide their respective services to the Owners. It is contemplated that from time to time either the Association or any of those authorities may use the services of the other in furthering their respective obligations, and they may contract with each other to better provide for such cooperation. 5.14 Cooperation with Developers. The Association may cooperate with developers of adjacent parcels. including, without limitation, parcels developed for residential or commercial purposes, in all respects to enable the Association and the Owners of such properties and/or Associations representing same, to efficiently and economically provide appropriate services to the Owners of the respective parcels. It is contemplated that from time to time either the Association or any of those authorities may use the services of the other in furthering their respective obligations, and that they may contract with each other to better provide for such cooperation and services. 5.15 Manager. The Association may employ or contract for the services of a Manager to act for the Association in the furtherance of Association purposes according to the powers and duties delegated to the Manager pursuant to the Bylaws or resolution of the Board, provided that no such employment shall be by a contract having a term of more than three (3) years, and each such contract shall be subject to cancellation by the Association on ninety (90) days or less prior notice without cause and without payment of a termination fee. The Manager shall not have the authority to make expenditures for additions or Improvements except upon specific prior approval and direction by the Board. The Board or any officer of the Association shall not be liable for any omission or improper exercise by a Manager of any such duty, power, or function so delegated by written instrument executed by or on behalf of the Board. 5.16 Delegation by Association Hoard. Without limiting the generality of the provisions in this Article, the Executive Board may delegate certain of its powers to any committee or other entity that the Board may choose to form. II Any delegation by the Board under this Article is subject to compliance with the Bylaws, and the Board, when so delegating, will not be relieved of its responsibilities under the Residential Community Documents. 5.17 Ownership of Personal Property and Real Property for Common Use. The Association, through action of its Executive Board, may acquire, hold, and Dispose of tangible and intangible Personal Property and real Property. The Board, acting on behalf of the Association, shall accept any real or Personal Property, leasehold, or other Property interests within the Residential Community and conveyed to the Association by Declarant. 5.18 Annual Notice of Rooks and Records. The Association shall make available for inspection at its principal office, upon request, during normal business hours or under other reasonable circumstances to Owners and holders of Security Interests, current copies of the Residential Community Documents and the books, records, and financial statements of the Association prepared pursuant to the Bylaws. Any Owner or Security Interest Holder may make a written request to the Association for a copy of the financial statements for the preceding year. The Association may charge a reasonable fee for copying such materials. The Association shall maintain the following records at its principal office: (a) Final Plat (b) Development Agreement (c) Final Use Plan (d) Articles of Organization: (e) By-laws; (f) Declaration and amendments; (g) Resolutions of the Executive Board; (h) Minutes of Owners' meetings and records of Owners' actions without meetings for past three years; (i) All written communications to Owners for past three years; (j) Names, addresses and telephone numbers of current Directors and officers; (k) Most recent financial reports; and, (1) All financial reports and audits for past three years. At least once each calendar year. the Association shall provide all Owners with a written notice providing general information about the Association and its governing documents. Not later than ninety (90) days after the end of its fiscal year, the Association shall make available upon request to Owners the Association's financial and operating information. Not later than ninety (90) days after the Association changes the address of its principal office, the Association shall provide notice of the change of address to all Owners. The foregoing disclosure requirements may be met by posting on the Association's webpage, maintaining the documents and information in a binder at the principal office of the Association, or personal delivery or mailing of the information to all Owners. 12 5.19 Maintenance Reserves. The Association shall establish and maintain an adequate reserve fund from Annual Assessments for maintenance, repair or replacement of Common Element and Improvements and for any other facilities for which contribution from the Association is required. 5.20 Implied Rights and Ohli ations. The Association shall perform all of the duties and obligations imposed on it expressly by the Residential Community Documents, together with every other duty or obligation reasonably to be implied from the express provisions of the Residential Community Documents or reasonably necessary to satisfy any such duty or obligation reasonably to be implied from the express provisions of the Residential Community Documents or reasonably necessary to satisfy any such duty or obligation. The Association may exercise any other right or privilege: (i) given to it expressly by the Residential Community Documents; (ii) reasonably to be implied from the existence of any right or privilege given expressly by the Residential Community Documents; or, (iii) reasonably necessary to effectuate any such right or privilege. 5.21 l.iti ation Matters. The Association and its officers and Directors shall have no obligation, right, or authority, to administer, manage, investigate, report, litigate, arbitrate, mediate or otherwise be involved in any claims or disputes asserted, or which might be assertable, by individual Owners against any Declarant, Owner. developer, contractor or other party with regard to alleged construction defects, express or implied construction warranties or similar claims or actions pertaining to any Building or other Improvements constructed in or on any Lot within the Residential Community (Claim). Without limiting the foregoing, the Association shall not be considered a proper party in interest in any such action or proceeding with respect to any Claim. Without limiting the foregoing, the Association shall not be involved directly or indirectly, in organizing, administering, supervising, managing or otherwise soliciting involvement in any class action or litigation in connection with any Claim. Nothing herein contained shall be construed as limiting the rights and obligations of the Association with respect to the assertion of claims with respect to any Improvements located within or upon the Common Element. nor shall it preclude the assertion of any Claims directly by an individual affected Owner of a Lot. Due to the foregoing restriction, neither the Executive Board nor the Association will have any obligation, responsibility or liability to any Owner or Member on account of the existence of any Claims or refusal of the Association or the Executive Board to pursue any such Claims. 5.22 Governance Policies of Executive Board. The Executive Board shall perform the following in its management of the affairs of the Association: 13 (a) Maintain accounting records using generally accepted accounting principles. (b) Adopt rules and regulations concerning collection of assessments, Director's conflicts of interest, conduct of meetings, and enforcement of Declaration, including notice and hearing procedures and schedule of fines. (c) Adopt policy regarding inspection and copying of Association records by Owners or Owner's agents and investment of reserve funds. (d) Adopt procedure for amending rules and regulations. (e) Adopt policy for reimbursement of Directors for attending educational meetings and seminars on responsible governance of associations. ARTICLE VI. DESIGN REVIEW COMMITTEE 6.1 Committee and Guidelines. There is hereby established a Design Review Committee (DRC) which shall be responsible for the establishment and administration of Design Guidelines to facilitate the purposes and intent of this Declaration. The DRC may issue and enforce Design Guidelines applicable to the Residential Community. The DRC may amend, vary, repeal and augment the Design Guidelines from time to time, in the DRC's sole discretion based on concerns for good planning and design, the aesthetic, architectural and environmental harmony of the Residential Community or other factors as necessary or desirable to fulfill the intent of the Design Guidelines and implement the purposes of this Declaration. The Design Guidelines shall be binding on all Owners and other Persons governed by this Declaration. The Design Guidelines may include, among other things, those restrictions and limitations set forth below: (a) Standards establishing and dictating an architectural theme and requirements pertaining to building style and design, construction materials and site planning. (b) Procedures for making application to the DRC for design review approval. including the documents to be submitted and the time limits in which the DRC must act to approve or disapprove any submission. (c) Time limitations for the completion, within specified periods after approval, of the Improvements for which approval is required under the Design Guidelines. (d) Designation of a building site on a Lot, establishing the maximum developable area of a Lot and set-back or view corridor requirements. 14 (e) Minimum and maximum square foot areas of living space that may be developed on any Lot. (f) Limitations on the height of any building or other Improvement. (g) Specifications for the location, dimensions and appearance or screening of any permitted fences, accessory structures, antennae or other such Improvements. (h) Landscaping regulations, including requirements for installing and maintaining landscaping on the entire Lot and, for certain Lots identified in the Design Guidelines, on parkways abutting the Lot and the street or road providing access to the Lot; time limitations within which all landscaping must be completed; limitations and restrictions prohibiting the removal or requiring the replacement of existing trees; and guidelines encouraging the use of plants indigenous to the locale and compatible with the design theme of the Residential Community; and other practices benefiting the protection of the environment, aesthetics and architectural harmony of the Residential Community. Regulations for landscaping shall comply with C.R.S. §37-60-126. (i) Parking is prohibited on the street within the Property due to design width of the street. Parking is permitted only on a Lot or within an enclosed garage. Regulations for parking emergency vehicles shall comply with C.R.S. §38-33.3-106.5. (j) General instructions for the construction, reconstruction, refinishing or alteration of any Improvement, including any plan to excavate, fill or make any other temporary or permanent change in the natural or existing surface contour or drainage or any installation of utility lines or conduits on the Property, addressing matters such as loading areas, waste storage. trash removal, equipment and materials storage, grading, transformers and meters. (k) Designation of front, side or rear entry garages. (1) Use and design of private alleys and street located within the Property. (m) Design, use and installation of raw water irrigation systems to ensure efficient use of water. (n) Construction of animal enclosures and regulations governing the keeping of animals. 6.2 DRC Membership and frgani7ation. The DRC shall be composed of not less than three (3) nor more than five (5) Persons. The DRC may include one (I) or more professional design consultants, but need not include any Member of the Association. All members of the DRC 15 shall be appointed, removed and replaced by Declarant, in its sole discretion until such time as Declarant no longer own any Lots within the Residential Community, unless Declarant earlier waives this right by notice to the Association recorded in the office of the Clerk and Recorder of Weld County, Colorado. At such time, the Executive Board shall succeed to Declarant's right to designate the number of and to appoint, remove or replace the members of the DRC. 6.3 Purpose and General Authority. The DRC shall review, study and either approve or reject proposed Improvements on all Lots situated on the Property to ensure compliance with this Declaration and as further set forth in the Design Guidelines and such rules and regulations as the DRC may establish from time to time to govern its proceedings. No Improvement shall be erected, placed, reconstructed, replaced, repaired or otherwise altered, nor shall any construction, repair or reconstruction be commenced until plans for the Improvements shall have been approved by the DRC; provided, however, that Improvements that are completely within a building may be undertaken without such approval. All Improvements shall be constructed only in accordance with approved plans. 6.4 DRC Discretion. The DRC shall exercise its best judgment to see that all Improvements conform and harmonize with any existing structures as to external design, quality and type of construction, seals, materials, color, location on the Lot, height, grade and finished ground elevation, and the schemes and aesthetic considerations set forth in the Design Guidelines and the other Residential Community Documents. The DRC, with the approval of the executive Board, based on concerns for good planning and design, the aesthetic, architectural and environmental interests of the Residential Community, or other factors as necessary or desirable to fulfill the intent of the Design Guidelines, may excuse compliance with such requirements in specific situations and may permit compliance with different or alternative requirements. 6.5 Binding Effect. The actions of the DRC in the exercise of its discretion by its approval or disapproval of plans and other information submitted to it, or with respect to any other matter before it, shall be conclusive and binding on all interested parties. 6.6 Or anijation and Operation of DRC. The organization and operation of the DRC shall conform to the following: (a) Term of Members. The term of office of each member of the DRC shall continue at the pleasure of the appointing authority pursuant to Section 6.2, and run until his successor shall have been appointed. Should a DRC member die, retire or become incapacitated, or in the event of a temporary absence of a member, a successor may be appointed as provided in Section 6.2. (b) Chairman. The chairman of the DRC shall be elected annually from among the members of the DRC by a majority vote of such members. In the absence of a chairman, the members may appoint or elect a successor, or if the absence is temporary, an interim chairman. 16 (c) Conduct of Meetings. The DRC chairman shall take charge of and conduct all meetings and shall provide for reasonable notice to each member of the DRC prior to any meeting. The notice shall set forth the time and place of the meeting, and notice may be waived by any member. (d) Voting. The affirmative vote of a majority of the then serving members of the DRC shall govern its actions and be the act of the DRC. (e) Review of Plans. The DRC shall consider and act upon any and all requests submitted for its approval. The DRC shall approve plans and specifications submitted to it only if it determines that the construction, alteration, and additions contemplated thereby, and in the location as indicated, will comply with this Declaration; will serve to preserve and enhance the values of Lots within the Residential Community: will be consistent with the spirit and intent of this Declaration; and will maintain a harmonious relationship among structures, vegetation, and topography within the Residential Community. The DRC shall consider the quality of workmanship, type of materials, and harmony of exterior design with other dwellings, if any, located within the Residential Community. Should the DRC fail to approve or disapprove the plans and specifications submitted to it by an Owner within thirty (30) days after complete submission of all required documents, the plans shall be resubmitted to the DRC by certified mail, return receipt requested, with a copy to the Declarant, by certified mail, return receipt requested, and, in the event that the DRC fails to approve or disapprove any plans and specifications as herein provided within thirty (30) days after such resubmission to the DRC and Declarant by certified mail, the same shall be deemed to have been approved, as submitted; provided, however, that no building or other structure shall be erected or allowed to remain on any Lot which violates or is inconsistent with any of the covenants or restrictions contained in this Declaration. The issuance of a building permit or license for the construction of improvements inconsistent with this Declaration shall not prevent the Association or any Owner from enforcing the provisions of this Declaration as provided by Section 6.10. below. (f) Expert Consultation. The DRC may avail itself of other technical and professional advice and consultants as it deems appropriate, and the DRC may delegate its plan review responsibilities, except final review and approval, to one (1) or more of its members or to consultants retained by the DRC. Upon that delegation, the approval or disapproval of plans and specifications by such member or consultant shall be equivalent to approval or disapproval by the entire DRC. 6.7 Expenses. Except as provided in this Section, all expenses of the DRC shall be paid by the Association and shall constitute a Common Expense. The DRC shall have the right to charge a fee for each application submitted to it for review, in an amount which may be established by the DRC from time to time, and such fees shall be collected by the DRC and remitted to the I7 Association to help defray the expenses of the DRC's operation. The members of the DRC shall not be entitled to any compensation for services performed pursuant to these Covenants. 6.8 Other Requirements. Compliance with the Residential Community design review process is not a substitute for compliance with County building, zoning and subdivision regulations, and each Owner is responsible for obtaining all approvals, licenses, and permits as may be required prior to commencing construction of Improvements. 6.9 Limitation of Liability. The DRC shall use reasonable judgment in accepting or disapproving all plans and specifications submitted to it. Neither the DRC nor any individual DRC member shall be liable to any Person for any official act of the DRC in connection with submitted plans and specifications, except to the extent the DRC or any individual DRC member acted with malice or wrongful intent. The Association shall not be obligated to indemnify any member of the DRC to the extent any such member of the DRC is adjudged to be liable for acting with malice or wrongful intent in the performance of his duty as a member of the DRC, unless and then only to the extent that the court in which such action or suit may be brought determines that in view of all circumstances of the case, such Person is fairly and reasonably entitled to indemnification for such expense as such court shall deem proper. 6.10 Enforcement. The DRC shall conform to the following in the performance of its duties and responsibilities: (a) Inspection. Any member or authorized consultant of the DRC, or any authorized officer, Director, employee or agent of the Association may enter upon any Lot at any reasonable time after notice to the Owner, without being deemed guilty of trespass, in order to inspect Improvements constructed or under construction on the Lot to determine whether the Improvements have been or are being built in compliance with the Residential Community Documents and the plans and specifications approved by the Design Review Committee. (b) Completion of Construction. Before any Improvements on a Lot may be occupied, the Owner of the Lot shall be required to obtain a temporary certificate of compliance issued by the DRC indicating substantial completion of the Improvements in accordance with the plans and specifications approved by the DRC, and imposing such conditions for issuance of a final certificate of compliance as the DRC may determine appropriate in its reasonable discretion. Without limiting the generality of the preceding sentence, the DRC may require, as a condition to the issuance of the temporary certificate of compliance, that the Owner deposit with the DRC such sums as may be necessary to complete the landscaping on the Lot by a specified date. If the landscaping is not completed as scheduled, the DRC may apply the deposit to cover the cost of completing the work and enforce such other remedies as are available to the Association for the failure of the Owner to comply with this Declaration. 18 (c) Certificate of Compliance. Upon payment of a reasonable fee established from time to time by the Design Review Committee, and upon written request of any Owner or his agent, an existing or prospective Security Interest Holder, or a prospective grantee, the Design Review Committee shall issue an acknowledged certificate, in recordable form, setting forth generally whether, to the best of the Design Review Committee's knowledge, the improvements on a particular Lot are in compliance with the terms and conditions of the Design Guidelines. (d) Deemed Nuisances. Every violation of this Declaration is hereby declared to be and to constitute a nuisance, and every public or private remedy allowed for such violation by law or equity against a Member shall be applicable. Without limiting the generality of the foregoing, this Declaration may be enforced as provided below. (i) Fines for Violations. The DRC may adopt a schedule of fines for failure to abide by the DRC rules and the Design Guidelines, including fines for failure to obtain any required approval from the DRC. (ii) Removal of Nonconforming Improvements with Court Order. The Association, upon request of the DRC and after first obtaining a court order from a Colorado court having jurisdiction thereof, may enter upon any Lot and remove any Improvement constructed, reconstructed, refinished, altered or maintained in violation of this Declaration. The Owner of the Improvement shall immediately reimburse the Association for all expenses incurred in connection with such removal. If the Owner fails to reimburse the Association within thirty (30) days after the Association gives the Owner notice of the expenses, the sum owed to the Association shall bear interest at the Default Rate from the date of the advance by the Association through the date of reimbursement in full, and all such sums and interest shall be a Default Assessment enforceable as provided in Article VIII. 6.11 Reconstniction of Common Element. The reconstruction by the Association after destruction by casualty or otherwise of any Common Element that is accomplished in substantial compliance with "as built" plans for such Common Element shall not require compliance with the provisions of this Article or the Design Guidelines. 6.12 Variances. The DRC may authorize variances from compliance with any provisions of this Declaration when circumstances such as natural obstructions, hardships, aesthetics or environmental considerations may require. Such variances must be evidenced in writing and shall become effective when signed by at least a majority of the members of the DRC. If any such variance is granted, no violation of the provisions of this Declaration shall be deemed to have occurred with respect to the matter for which the variance was granted;provided, however, that the granting of the variance shall not operate to waive any provisions of this Declaration for any purpose except as to the particular property and the particular provision hereof covered by the 19 variance, nor shall the granting of a variance affect in any way the Owner's obligation to comply with all governmental laws and regulations affecting the property concerned, including, but not limited to, zoning ordinances and setback lines or requirements imposed by any governmental authority having jurisdiction. 6.13 Color. All dwellings and other structures constructed on any Lot shall be stained or painted in such colors as are approved in writing by the Declarant (for a period of ten (10) years from the date of the recording of this Declaration) or thereafter by the DRC. 6.14 Address Signage. Each dwelling within the Residential Community shall have an address sign/house number affixed, of a design and at a location established and/or approved by the DRC, which shall at all times endeavor to maintain uniformity of such signage. 6.15 Fences. Any fence to be constructed on a Lot must be approved by the DRC. All fences shall be constructed of materials acceptable to the DRC, and shall conform in all respects to the standard subdivision design as adopted from time to time by the DRC. The DRC shall provide the fence detail information to any Owner requesting such information. This Section shall not apply to entrance or "monument" fencing, or to entrance signage or to other signage that may or may not actually be incorporated into fencing, but that may be located on, adjacent to or in the vicinity of fencing. The DRC shall also designate those areas in which common fencing shall be required and the height, type and style of such common fencing. 6.16 Mailboxes. All mailboxes must be approved by the DRC. Mailboxes shall be constructed of materials acceptable to the DRC, and shall conform in all respects to the standard subdivision design as adopted from time to time by the DRC. The Declarant and Association shall have authority to establish a system of centrally located mailboxes and to prohibit use of individually owned, private mailboxes at any time. 6.17 Subdivision. No Lot may be further subdivided without the approval of the Executive Board of the Association, which approval shall be within its sole discretion. This provision shall not be construed to prohibit or prevent the dedication or conveyance of any portion of a Lot as an easement for public utilities. ARTICLE VII. PROPERTY T ISE RESTRICTIONS 7.1 General Restriction. The Property shall be used only for the purposes set forth in this Declaration, as permitted by the applicable ordinances of Weld County, and the laws of the State of Colorado and the United States, and as set forth in the Residential Community Documents or other specific recorded covenants affecting all or any part of the Property. 7.2 Residential T Jse of T ots. Each Lot may be used only for residential purposes and developed by the construction of a single-family residence. No business or commercial building 20 may be erected on any Lot, and no business or commercial enterprise or other non-residential use may be conducted on any part of a Lot, except as provided in Section 7.3. below. 7.3 Home Occupations. The conduct of a home occupation on a Lot within the Residential Community shall be considered accessory to the residential use of the Lot and not a violation of this Declaration, provided that the following requirements are met: (a) Such home occupation shall be conducted only within the interior of the dwelling located on such Lot and shall not occupy more than fifteen percent (15%) of the total finished area within the dwelling. (b) No signs or advertising devices of any nature whatsoever shall be erected or maintained on any Lot with respect to such home occupation, except those approved in writing by the DRC. (c) Any trade or business conducted on a Lot shall be conducted only by the residents thereof. (d) No noise or offensive activities shall be conducted on any Lot and no Lot shall be used, in whole or in part, for the storage of any property or thing that will cause the Lot to appear in an unclean or untidy condition or that will create an eyesore. (e) No substance, thing or material which emits foul or obnoxious odors, or causes any noise that might disturb the peace, quiet, comfort or serenity of the occupants of the surrounding Lots shall be permitted on a Lot. (0 No trade or occupation shall be conducted from a Lot unless one(I) or more of the Owners of such Lot reside within the dwelling on such Lot, and any such trade or occupation shall cease and terminate when the Owner(s) of such Lot ceases to reside thereon. (g) No retail sales shall be conducted on any Lot and no customer parking shall be allowed. (h) There shall be no evidence of a home occupation visible from the outside of a dwelling. (i) Not more than four (4) additional vehicular trips shall be allowed each day on or to any Lot for deliveries or pick ups in connection with such trade or business, including deliveries or pick ups by commercial delivery services, such as Federal Express and United Parcel Service, and further provided that no such vehicle shall remain at the Lot for a period in excess of fifteen minutes per trip. 21 7.4 Household Pets and Livestock. No household pets, livestock, birds, reptiles, or animals (collectively "Animals") of any kind may be raised, bred or kept on any portion of the Residential Community, except as provided by this Section: (a) A reasonable number of dogs, cats and other household pets owned by an Owner, such Owner's family, or tenant, may be kept, provided that they are not kept, bred or maintained for any commercial purpose. The Executive Board may adopt rules and regulations regarding the maintenance of animals upon the Property, including the maximum number and size thereof. (b) A maximum of one (I) horse per one-half(1/2) acre of enclosure or corral or one (1) acre of Lot, whichever is less, may be permitted to be kept and maintained on a Lot. (i.e. A Lot consisting of 3.0 acres with an enclosure of 2.0 acres may keep and maintain 3 horses only) (c) 4-H animals shall not be permitted on any Lot. 4-H animals shall include donkeys, burros. cattle, pigs, sheep, goats, alpacas, llamas, and similar animals. Neither shall, fowl, such as chickens, geese, turkeys, emus, or ostriches, and similar animals be permitted. (c) Any equine offspring will not be considered in determining the total number of horses on a Lot until such offspring attains one(1)year of age. (d) No Lot shall be overgrazed, and the grazing of horses shall not change the character of the Lot. "Overgrazing," as used herein, is the continued heavy grazing during active growth that is both severe and frequent which exceeds the recovery capacity of the plant community and creates a deteriorated range. Grazing shall be limited to an intensity level that will maintain enough cover to protect the soil and maintain or improve the quality and quantity of desirable vegetation. The Owner of any Lot on which grazing occurs must purchase and convey one-half (1/2) share of North Poudre Irrigation Water or an acceptable equivalent to the Association for use on the Owner's Lot during summer months or as the water is available for irrigation. (e) No animals may be boarded, kept, bred, used, or maintained on any Lot for any commercial purpose, including, by example and not limitation, horseback riding lessons. (f) In the event a household pet or livestock shall constitute a nuisance or inconvenience to a resident of the Property, or if the area where the animals are maintained is unsightly, unclean, in disrepair, or is a hazard to health and welfare of a resident or other animals of the Property, then the Executive Board shall have the obligation to direct that the animal be permanently removed from the Property. 22 (g) Animals shall not be allowed to run at large within the Property, but shall be at all times on a leash or other immediate control of its owner. It shall be the duty of the Executive Board, or its representative, to notify Weld County Animal Control Authority of animals found at large on the Property in violation of County Ordinances or this Declaration. (h) All animals kept shall have current inoculations as required by Weld County or the State of Colorado and good veterinary practice. Because of the sensitive nature involved in controlling noise, nuisance and care of animals when viewed from the perspective of adjoining Owners, all control and decisions relating to the enforcement and retention of animals on any Lot in the Development shall reside in the absolute control and authority of the Design Review Committee. (i) Costs of enforcement of this Section, including reasonable attorney's fees, shall be assessed against the Owner of the Lot on which such animal is kept, as a Default Assessment to which the Owner's Lot is subject. Any such Default Assessment shall not be subject to a maximum assessment limitation of any kind. 7.5 Pet Runs and Animal Enclosures. No pet run, animal enclosure, corral, or other fenced-in areas or structure for the keeping, maintenance, containment, or shelter of household pets or livestock shall be permitted upon any Lot without the prior written approval of the DRC. In considering whether to approve any such pet run, animal enclosure, corral, or other fenced-in areas or structure, the DRC shall consider the location, size, concealment, proximity to surrounding structures and adjacent Lots, proposed building materials. aesthetic appeal and harmony of exterior design in relation to surrounding structures. No pet run, animal enclosure, corral, fenced-in areas, structure, invisible fence or similar restraints shall be installed within or encroach upon any portion of the Common Element. 7.6 Signage. No signs or advertising of any character shall be erected, placed or permitted or maintained within the Residential Community unless the Executive Board or the DRC has given consent to the same in writing. This provision shall not apply to permanent signs identifying the Residential Community which are installed by the Declarant as part of the development of the Residential Community, nor shall this provision preclude Declarant or its agents, as long as Declarant are the Owners of any Lot within the Residential Community, from placing such signs as Declarant deem appropriate, without limitation on size or location, offering the Property or Lots for sale. The Executive Board may adopt rules and regulations permitting signs advertising Lots for sale at such location and of such character as the Board shall designate, provided that in no event shall individual Lot Owners be entitled to place advertising signs on the Common Element, nor shall any such Lot Owner be allowed to use more than one (1) sign to advertise such Owner's Lot for sale. 7.7 Teases. No lease of a Lot or dwelling thereon shall be for a period of less than six (6) months and every lease shall be in writing. The written lease shall contain provisions requiring 23 that the tenant comply with all provisions of this Declaration and the other Residential Community Documents. The Board may require that all leases be submitted to it for approval before the lease will be effective and that all tenants meet with a Person designated by the Board to review the requirements of the Declaration and other Residential Community Documents. The Association shall have the power to enforce the provisions of the Declaration and the other Residential Community Documents against any tenant regardless of the provisions of a lease. The Association shall have the power to levy fines and Assessments against a tenant based on such tenant's actions, the same as it would have against a Lot Owner. 7.8 Storage of Inoperative Vehicles. Inoperative vehicles shall not be stored, parked or permitted to remain upon or adjacent to a Lot, except within a fully enclosed garage on the Lot. For purposes of this provision, any disassembled or partially disassembled car or other vehicle or any car or other vehicle which is not capable of moving under its own propulsion, or is not so moved, for two (2) consecutive days shall be considered an "inoperative vehicle" subject to the terms of this Section 7.8. 7.9 Repair. No activities such as, but not necessarily limited to, maintenance, repair, rebuilding, dismantling, repainting or servicing of any kind of vehicle, trailer or boat may be performed on any Lot unless performed entirely within a completely enclosed garage attached or associated with the dwelling located on such Lot. Without limiting the foregoing, no such activity shall be performed upon any of the Common Element. The foregoing restrictions shall not be deemed to prevent washing and/or polishing of any motor vehicle. 7.10 Parking. No trailer, motor home, bus, camper, commercial-type vehicle, truck, commercial van, vehicle-mounted camper, whether chassis or slide-in, or pick-up coach, tent trailer, boat, truck trailer, machine, tractor, semi-tractor, tractor trailer, all terrain vehicles, motorcycles, or similar vehicles or equipment, shall be parked, placed, erected, maintained or constructed on any Lot or the Common Element for any purpose. Trucks, vans, trailers, campers, motor homes, pick- up coaches, tents or boats which can be and are stored completely within an enclosed garage and are not used for living purposes will not be in violation of these restrictions. Furthermore, no parking shall be permitted within the private driveways or alleys except in areas specifically designated for that purpose by Declarant or the Association; parking shall be permitted only on those portions of the Common Element, if any, specifically designated for such purpose by this Declaration or by the Association, for such purpose. 7.11 Trash. All Owners shall maintain their Lots in a clean and well-maintained condition. No storage of trash will be permitted in or outside on any Lot in a manner which may permit the spread of fire, odors, seepage or encouragement of vermin. All equipment, garbage cans, service yards, woodpiles or storage piles shall be kept screened by adequate planting or fencing so as to conceal them from view of neighboring Lots and the street. All rubbish, trash, garbage or other unsightly items must be deposited in locations in containers on Lots approved or provided by the Association. The Association may adopt rules and regulations further defining the deposit of rubbish, trash or garbage and other matters related thereto. Without limiting the foregoing, the 24 Association, acting through the Board, shall have the right to require that the trash collection within the Residential Community be performed by one (1) company and that trash collected from all Lots by such company be on the same day of each week. Unless the Board expressly adopts a resolution to the contrary, such cost of trash collection shall be a Common Expense. In the event the Association so elects, all Owners shall make use of the trash collection service provided or contracted for by the Association. This Section shall not apply to a contractor during construction of a dwelling or other improvements within the Residential Community. Such contractor may dispose of trash, rubbish, debris and other construction materials either Personally or by contracting with a trash collection company. 7.12 Screens Awnings Flags and Other Accessories. No pool cabanas, guest houses, gazebos, greenhouses, decks, screens, storm doors, awnings, flags, clothes lines, basketball goals (whether attached or movable) and similar exterior accessories shall be installed or used on or about any Lot without the prior written approval of the DRC. In considering whether to approve any such accessory, the DRC shall consider the location, size, visual impact on the Lot and proximity to adjacent Lots, aesthetic appeal and harmony of exterior design in relation to surrounding structures. Use or installation of any such accessory shall also be subject to such rules and regulations as may be adopted by the Association from time to time. In any event, if any such accessories are permitted by the DRC and the Association, the Owner installing same on its Lot shall be responsible to fully and properly maintain such accessories at all times. 7.13 Storage. No tanks for the storage of gas, fuel, oil, chemicals or other matter shall be erected, placed or permitted above the surface on any Lot. No detached storage buildings, service yards, woodpiles or storage areas shall be permitted on any Lot without the approval of the DRC, which may require enclosure or screening, such as privacy fences, landscaping or berming, to conceal such area from the view of neighboring Lots. 7.14 Antennae or Electrical or Cooling Devices. No exterior television antenna, radio antenna or satellite transmitting or receiving devices shall be placed, allowed or maintained upon any portion of any dwelling or other structure located upon a Lot or any other portion of the Property without the express written consent of the Association or the DRC. In addition. no electronic devices or systems causing unreasonable electrical interference with radio or television receivers located within a dwelling upon any Lot shall be placed or maintained on any Lot. Notwithstanding the foregoing, a single satellite dish with horizontal elements not in excess of eighteen (18) inches in diameter will be allowed on a Lot, provided the Owner screens, conceals, installs the satellite dish below the level of the peak of the roofline, or otherwise minimizes the visual impact of the satellite dish to the extent feasible. No air conditioners shall be mounted on the exterior of any dwelling. The DRC may grant relief from the provisions of this Section for good cause shown. 7.15 Electrical Television. Natural Gas and Telephone Service. All electrical, television, natural gas and telephone service installations shall be placed underground. 25 7.16 Water and Sanitation. Each structure designed for occupancy shall connect with public water and sanitation sewer facilities within five years of such services being made available at the boundary of the Property by Weld County or any other approved utility supplier. Until sanitation facilities are made available from Weld County or any other approved utility supplier, all structures designed for occupancy shall be connected to and served by a fully functional, private septic system that meets at all times the codes of the governmental entities having jurisdiction of said system. 7.17 Wells. All water wells shall be located on the Lot that is served by the well. Water wells shall be maintained and operated in a manner that will protect ground and surface waters from any contamination whether biological and/or chemical. All water wells shall be constructed and operated using current best practices. All required approval from appropriate governmental authorities shall first be obtained by Owners before constructing and operating any water well. No well from which oil, or gas is produced shall be dug, nor shall storage tanks, reservoirs, or any installation of power, telephone or other utility lines (wire, pipe, or conduit) be made or operated anywhere on the Property except in connection with a public agency or duly certified public utility companies; provided, however, that the foregoing shall not prevent the drilling of or installation of water wells by the Association, or the Declarant or its assigns, provided further that all required approval from appropriate governmental authorities shall first be obtained. 7.18 Temporary Strnctnres. No temporary structures shall be permitted except as may be determined to be necessary during construction and as specifically authorized by the DRC, and except as necessary for the exercise by Declarant of the Special Declarant Rights. 7.19 Outside Burning. There shall be no exterior fires, except barbecues, outside fireplaces and braziers contained within facilities or receptacles and in areas designated and approved by the DRC. Incinerators and incinerator fires are prohibited. No Owner shall permit any condition upon its portion of the Property that creates a fire hazard or is in violation of fire prevention regulations. 7.20 Noise. No exterior horns, whistles, bells or other sound devices, except security devices used exclusively to protect the security of the Property or Improvements, shall be placed or used on any portion of the Property. 7.21 Lighting. All exterior lighting of the Improvements and grounds on the Property shall be subject to regulation by the Design Review Committee. 7.22 Nuisances. No obnoxious or offensive activity shall be carried on upon any Lot or the Common Element, nor shall anything be done thereon which may be, or may become, an annoyance or nuisance to any other Owner. Nothing contained herein shall be construed as prohibiting or restricting construction activities by Declarant at any time, seven (7)days per week. 26 7.23 Ilse of Facilities. The common facilities provided by the Residential Association for the use and benefit of Owners of Lots within the Residential Community shall be subject to such reasonable rules and regulations as may be adopted from time to time by the Association. No Owner or such Owner's family members or guests, invitees or tenants shall engage in any activity which violates any such rules and regulations. 7.24 Enforcement. The Association may take such action as it deems advisable to enforce this Declaration as provided in this Declaration. In addition, the Association and the Design Review Committee shall have a right of entry on any part of the Property for the purposes of enforcing this Article, and any costs incurred by the Association or the Design Review Committee in connection with such enforcement which remain unpaid thirty (30) days after the Association has given notice of the cost to the Owner and otherwise complied with the Act shall be subject to interest at the Default Rate from the date of the advance by the Association or the Design Review Committee through the date of payment in full by the Owner, and shall be treated as a Default Assessment enforceable as provided in Article X. ARTICLE VIII. MAINTENANCE 8.1 Owner's Responsibility for i.ot. Except as provided in the Residential Community Documents or by written agreement with the Association, all maintenance of a Lot and the Improvements located thereon shall be the sole responsibility of the Owner of the Lot. Each Owner shall maintain his Lot and Improvements in accordance with the community-wide standards of the Residential Community. The Association may, in the discretion of the Board, assume the maintenance responsibilities of such Owner if, in the opinion of the Board, the level and quality of maintenance being provided by such Owner does not satisfy such standards. Before assuming the maintenance responsibilities, the Board shall notify the Owner in writing of its intention to do so, and if the Owner has not commenced and diligently pursued remedial action within thirty (30) days after the mailing of such written notice, then the Association may proceed. The expenses of the maintenance by the Board shall be reimbursed to the Association by the Owner within thirty (30) days after the Association notifies the Owner of the amount due, and any sum not reimbursed within that thirty (30) day period shall bear interest at the Default Rate from the date of the expenditure until payment in full. Such charges shall be a Default Assessment enforceable as provided in Article X. 8.2 Owner's Negligence. If the need for maintenance, repair or replacement of any portion of the Common Element (including Improvements located on it) arises because of the negligent or willful act or omission of an Owner or his family member, guest, invitee or tenant, then the expenses incurred by the Association for the maintenance, repair or replacement shall be a Personal obligation of that Owner. If the Owner fails to repay the expenses incurred by the Association within thirty (30) days after the notice to the Owner of the amount owed, then those expenses shall bear interest at the Default Rate from the date of the advance by the Association 27 until payment by the responsible Owner in full, and all such expenses and interest shall become a Default Assessment enforceable as provided in Article X. 8.3 Association's Easement to Perform Work. The Association shall have an easement across each Lot permitting the Association, its employees, agents, and independent contractors, to enter upon the Lot as reasonably necessary in order to perform the work to be performed on the Lot by the Association pursuant to this Declaration. All Persons performing such work shall use their best efforts to minimize interference with the Owner's use and enjoyment of the Lot when performing such work. ARTICLE IX. PROPERTY RIGHTS IN COMMON El FMENT 9.1 Dedication of Common Element. Declarant hereby dedicate the Common Element to the common use and enjoyment of the Owners, as hereinafter provided. 9.2 Owners' Easements of Enjoyment. Every Owner shall have a right and easement of enjoyment in and to the Common Element and such easement shall be appurtenant to and shall pass with title to every Lot, subject to the following provisions: (a) The right of the Association to promulgate and publish reasonable Rules and Regulations as provided in the respective Declaration. (b) The right of the Association to suspend rights to use the Common Element by an Owner for any period during which any Assessment against the Owner's Lot remains unpaid to the Association and for a period not to exceed sixty (60) days for any infraction of the Association's published rules and regulations. (c) The right of the Association acting through the Executive Board, to dedicate or transfer all or any part of the Common Element to any municipality, county, state or public entity or utility for such purposes and subject to such conditions as may be agreed to by the Members; provided that no such dedication or transfer shall be effective unless the Members entitled to cast at least sixty-seven percent (67%) of the votes of the Association agree to such dedication, transfer, purpose, and condition, and unless written notice of the proposed agreement and action is sent to every Member at least thirty (30) days in advance of any action taken by the Executive Board; and provided further that the granting of easements for public utilities or for other public purposes consistent with the intended use of the Common Element shall not be deemed a transfer within the meaning of this clause. (d) The right of the Association to close or limit use of the Common Element while maintaining, repairing and making replacements in the Common Element. 28 9.3 Dele.stion of I Ise. Any Owner may delegate, in accordance with the Bylaws, the Owner's right of enjoyment to the Common Element and facilities to the members of his or her family, tenants, employees, guests or invitees who reside on or lawfully occupy the Owner's Lot. 9.4 Easements for I Jtilities Infrastnicture and Access. Declarant reserves for itself and its successors and assigns and hereby grants to the Association, acting through the Executive Board, the concurrent right to administer and enforce, by Declaration or otherwise, easements over, upon, and under the Common Element shown on the final plat for Sorrel Ridge P.U.D. 9.5 Utilities. There is created within the final plat for Sorrel Ridge P.U.D. certain easements over, upon, and under the Common Element for installation, operation, replacement, repair and maintenance of utility lines and/or facilities, subject to strict compliance with the following conditions by the Person installing, or upon completion of installation, owning or providing the utility service: (a) Written notice to the Declarant of the planned installation with a copy of the plans showing the location and installation of the lines and facilities attached. (b) Compliance with all requirements and instructions of the Declarant concerning the proposed installation in order to eliminate or minimize disruption, damages, or interference with existing utilities and ensure an orderly, efficient occupancy of easements. (c) Upon completion of the installation of lines and facilities, a complete set of as- built drawings shall be delivered to the Declarant in addition to those required by any public entity. Notwithstanding the foregoing provisions, the Declarant reserves the right to require any Person intending to install utility lines and/or facilities over, upon, or under the Common Element to obtain a specific easement for the applicant's occupancy prior to commencement of installation. 9.6 Emergency Access Easement. A general easement is hereby granted to all police, sheriff, fire protection, ambulance, and all other similar emergency and public safety agencies or services to enter upon the Common Element in the lawful and proper performance of their duties. 9.7 Declarant' Rights Incident to Construction . Declarant, for itself and its successors and assigns, hereby retains a right and easement of ingress and egress over, upon, and under the Common Element and the right to store materials thereon and to make such other use thereof as may be reasonably necessary or incident to the construction of the Improvements in Sorrel Ridge P.U.D. or other real property owned by Declarant; provided that no such rights shall be exercised by Declarant in such a way as to unreasonably interfere with the occupancy, use, enjoyment, or access to an Owner's Lot by that Owner or his family,tenants, employees, guests, or invitees. 29 ARTICLE X. COVENANT FOR MAINTENANCE ASSESSMENTS 10.1 Creation of the Lien and Personal Obligation for Assessments. Declarant, for each Lot owned within the Property, hereby covenants, and each Owner of any Lot, by acceptance of a deed therefore, whether or not it shall be so expressed in any such deed, are deemed to covenant and agree to pay to the Association: (a) Annual Assessments or charges as provided in this Declaration to generally carry out the functions of the Association. (b) Special Assessments for capital Improvements and other purposes as stated in this Declaration, such Annual and Special Assessments to be fixed, established, and collected from time to time as provided below. (c) Default Assessments which may be assessed against a Lot pursuant to the Residential Community Documents for the Owner's failure to perform an obligation under the Residential Community Documents or because the Association has incurred an expense on behalf of the Owner under the Residential Community Documents. The Annual, Special, and Default Assessments, together with Fines, interest, costs, and reasonable attorneys' (and legal assistants') fees and other charges allowed under the Act, shall be a charge on the land and shall be a continuing lien upon the Lot against which each such Assessment is made until paid. Each such Assessment, together with Fines, interest, costs, and reasonable attorneys' fees and other charges allowed under the Act, shall also be the Personal obligation of the Owner of such Lot as of the time the Assessment falls due, and two (2) or more Owners of a Lot shall be jointly and severally liable for such obligations. 10.2 Purpose of Assessments. The Assessments levied by the Association shall be used exclusively to improve and maintain the Common Element (or Property outside of the Residential Community if such action might enhance Property values within the Residential Community or otherwise further the purpose and intent of this Declaration) by actions including, but not limited to, the payment of taxes and insurance on the Common Element; payment for operation, maintenance, repair, replacement, and additions to any other Improvements on the Common Element; establishment of reserve accounts; payment of the cost of labor, equipment, materials, management, and supervision, and the salary or fee of the Manager. 10.3 Calculation and Apportionment of Assessments and Expenses. The Executive Board shall prepare a budget before the closing of each fiscal year of the Association and submit the budget to the Association. Annual Assessments for Common Expenses shall be based upon the estimated net cash flow for the Association to cover items including, without limitation, the 30 cost of routine maintenance, repair and operation of the Common Element; expenses of management; premiums for insurance coverage required by law or deemed prudent or necessary by the Board; snow removal, Landscaping, care of grounds and common lighting within the Common Element; routine renovations within the Common Element; wages; common water and utility charges for the Common Element; legal and accounting fees; management fees; taxes and capital Improvements; 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 supplementing of the Association's funds for general, routine maintenance, repairs and replacement of Improvements within the Common Element on a periodic basis, as needed; the creation of reasonable contingency reserves, working capital and/or sinking funds; and any other costs, expenses and fees, which may be incurred or may reasonably be expected to be incurred by the Association for the benefit of the Owners under or by reason of this Declaration. Each Owner shall be responsible for that Owner's share of the Common Expenses based on the Owner's Membership Interest as defined. Notwithstanding the preceding sentence, any Common Expenses or portion thereof benefiting fewer than all of the Lots shall be assessed exclusively against the Lots benefited. Further, the costs of insurance may be assessed in proportion to risk, and the costs of utilities may be assessed in proportion to usage. 10.4 Special Assessments. In addition to the Annual Assessments authorized by Sections 10.1 and 10.3, above, the Executive Board may levy in any fiscal year one (I) or more Special Assessments, applicable to that year only, for the purpose of defraying, in whole or in part, the cost of any construction or reconstruction, repair or replacement of a described capital Improvement upon the Common Element, including the necessary fixtures and Personal Property related thereto, or, after adopting and submitting a revised budget to the Association, to make up any shortfall in the current year's budget. If any of the Special Assessments levied pursuant to this Section shall be used for the construction of new facilities (as opposed to repair and reconstruction of existing facilities) in the Residential Community and if the total amount of Special Assessments levied for such construction exceeds twenty-five percent (25%) of the gross annual budget for the Association for that year, then the use of Special Assessments for such construction shall require the approval of the Owners representing at least sixty-seven percent (67%) of the votes of the Association Membership. 10.5 Uniform Rate of Assessment. Both Annual Assessments and Special Assessments must be fixed at a uniform rate for each type of Lot classified by type of use or other distinguishing characteristics, but the basis and rate of Assessments for each type of use or other characterization may be varied as provided in this Section. 10.6 Common Expenses Attributable to Fewer than All i.ots. Common Expenses attributable to fewer than all the Lots shall be subject to the following: 31 (a) An Assessment to pay a judgment against the Association may be made only against the Lots in the Residential Community at the time the judgment was entered, in proportion to their respective liabilities for Common Expenses. (b) If a Common Expense is caused by the misconduct of an Owner, the Association may assess that expense exclusively against that Owner's Lot. c) Fees, charges, taxes, impositions, late charges. Fines, collection costs and interest charged against an Owner pursuant to this Declaration, or the Residential Community Documents are enforceable as Common Expense Assessments. (d) Any Common Expense or portion thereof benefiting fewer than all of the Lots must be assessed exclusively against all the Lots benefited in the proportions determined by the Board after considering the relative size and value that the Lots being benefited bear to all Lots benefited. 10.7 Date of Commencement of Annual Assessments and Payment Period. The Annual Assessments shall commence as to all Lots situated on the Property and Expansion Property that has been transferred to an Owner other than the Declarant no later than thirty (30) days after the date of the conveyance by Declarant of a Lot to said Owner. The first Annual Assessment shall be prorated according to the number of months remaining in the calendar year. 10.8 Collection. Assessments shall be collected on a periodic basis as the Executive Board may determine from time to time, but until the Board directs otherwise, Assessments shall be payable monthly in advance on the first day of each calendar month. The omission or failure of the Association to fix Assessments for any Assessment period will not be deemed a waiver, modification, or release of the Owners from their obligation to pay the same. 10.9 Default Assessments. All monetary Fines, penalties, interest or other charges or fees assessed against an Owner pursuant to the Residential Community 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 Residential Community Documents and any expense (including, without limitation, attorneys' fees) incurred by the Association as a result of the failure of an Owner to abide by the Residential Community Documents, shall be a Default Assessment and shall become a lien against such Owner's Lot which may be foreclosed or otherwise collected as provided in this Declaration. 10.10 Fffect of Nonpayment of Assessment. Any Assessment installment, whether pertaining to Annual, Special, or Default Assessments, which is not paid within thirty (30) days after its due date shall be delinquent. In the event that an Assessment installment becomes delinquent or in the event any Default Assessment is established under this Declaration, the Association, in its sole discretion, may take any or all of the following actions: 32 (a) Assess a late charge for each delinquency at uniform rates set by the Executive Board from time to time. (b) Assess an interest charge from the date of delinquency at the Default Rate, which rate shall be the maximum rate allowed by law. (c) Suspend the voting rights of the Owner during any period of delinquency. (d) Accelerate all remaining Assessment installments for the fiscal year in question so that unpaid Assessments for the remainder of the fiscal year shall be due and payable at once. (e) Bring an action at law against any Owner Personally obligated to pay the delinquent installments. (f) File a statement of lien with respect of the Lot, and foreclose as set forth in more detail below. The remedies provided under this Declaration shall not be exclusive, and the Association may enforce any other remedies to collect delinquent Assessments as may be provided by law. Any Assessment chargeable to a Lot shall constitute a lien on the Lot, effective the due date of the Assessment. To evidence the lien, the Association may, but shall not be obligated to, prepare a written lien statement with respect to the Lot, setting forth the name of the Owner, the legal description of the Lot, the name of the Association, and the delinquent Assessment amounts then owing. Any such statement shall be duly signed and acknowledged by the President or a Vice President of the Association or by the Manager, and shall be served upon the Owner of the Lot by mail to the address of the Lot or at such other address as the Association may have in its records for the Owner. At least ten (10) days after the Association mails the statement to the Owner, the Association may record the statement in the office of the Clerk and Recorder of Weld County, Colorado. The Association may proceed to foreclose the statement of lien in the same manner as provided for the foreclosure of Mortgages under the statutes of the State of Colorado. In either a Personal action or foreclosure action, the Association shall be entitled to recover as a part of the action, the interest, costs, and reasonable attorneys' fees (including legal assistants' fees) with respect to the action. No Owner may waive or otherwise escape liability for the Assessments provided for in this Declaration by nonuse of the Common Element or by abandonment of his Lot. 10.11 Successor's Liability for Assessment. In addition to the Personal obligation of each Owner to pay all Assessments and the Association's perpetual lien for such Assessments, all successors to the fee simple title of a Lot, except as provided in Section 10.12, below, shall be jointly and severally liable along with the prior Owner or Owners thereof for any and all unpaid 33 Assessments, interest, late charges, costs, expenses, and attorneys' fees and legal assistants' fees against such Lot without prejudice to any such successor's right to recover from any prior Owner any amounts paid by such successor. This liability of a successor shall not be Personal and shall terminate upon termination of such successor's fee simple interest in the Lot. In addition, such successor shall be entitled to rely on the statement of status of Assessments by or on behalf of the Association under Section 10.14, below. 10.12 Waiver of Homestead F.xemption:,_ Subordination of the Lien. The lien of the Assessments shall be superior to and prior to any homestead exemption provided now or in the future by any federal law or the laws of the State of Colorado, and to all other liens and encumbrances except the following: (a) Liens and encumbrances recorded before the date of the recording of this Declaration. (b) Liens for real estate taxes and other governmental Assessments or charges duly imposed a Colorado governmental or political subdivision or special taxing district, or any other liens made superior by statute. (c) The lien for all sums unpaid on a first Security Interest perfected before the date on which the Assessment sought to be enforced is levied, including any and all advances made by the first Security Interest Holder and notwithstanding that any of such advances may have been made subsequent to the date of attachment of the Association's lien. A lien under this Section is also prior to all Security Interests to the extent that the Assessments are based on the periodic budget adopted by the Association and which would have become due, in the absence of acceleration, prior to institution of an action to enforce either the Association's lien or a Mortgage, and statutory liens recognized under Colorado law. All other Persons who hold a lien or encumbrance not described in subsections (a) through (c) above, shall be deemed to consent that any such lien or encumbrance shall be subordinate to the Association's future liens for Assessments, interest, late charges, costs, expenses and attorneys' fees, as provided in this Article, whether or not such consent is specifically set forth in the instrument creating any such lien or encumbrance. 10.13 Statement of Status of Assessments. The Association shall furnish to an Owner or his designee or to any Security Interest Holder a statement setting forth the amount of unpaid Assessments then levied against the Lot in which the Owner, designee or Security Interest Holder has an interest. The Association shall deliver the statement Personally or by certified mail, first class postage prepaid, return receipt requested, to the inquiring party within fourteen (14) calendar days after the registered agent of the Association receives the request by Personal delivery or by certified mail, first class postage prepaid, or return receipt requested. The 34 information contained in such statement, when signed by the Treasurer of the Association or the Manager, shall be conclusive upon the Association, the Board, and every Owner as to the Person or Persons to whom such statement is issued and who rely on it in good faith. The Association may charge such fee for this service as it determines to be appropriate from time to time. 10.14 Failure to Assess. The omission or failure of the Board to fix the Assessment amounts or rates or to deliver or mail to each Owner an Assessment notice shall not be deemed a waiver, modification or release of any Owner from the obligation to pay Assessments. In such event, each Owner shall continue to pay Annual Assessments on the same basis as for the last year for which an Assessment was made until a new Assessment is made, at which time any shortfalls in collections may be assessed retroactively by the Association in accordance with any budget procedures as may be required under the Act. ARTICLE XI. DAMAGE OR DFSTRI JCTION 11.1 Estimate of Damage or Destruction. As soon as practical after an event causing damage to or destruction of any part of the Common Element, the Association shall, unless such damage or destruction shall be minor, obtain an estimate or estimates that it deems reliable and complete of the costs of repair and reconstruction of that part of the Common Element so damaged or destroyed. "Repair and reconstruction" as used in this Article shall mean restoring the damaged or destroyed Improvements to substantially the same condition in which they existed prior to the damage or destruction. 11.2 Repair and Reconstruction. As soon as practical after obtaining estimates, the Association shall diligently pursue to completion the repair and reconstruction of the damaged or destroyed Improvements. As attomey-in-fact for the Owners, the Association may take any and all necessary or appropriate action to effect repair and reconstruction, and no consent or other action by any Owner shall be necessary. Assessments of the Association shall not be abated during the period of insurance adjustments and repair and reconstruction. 11.3 Funds for Repair and Reconstruction. The proceeds received by the Association from any hazard insurance shall be used for the purpose of repair, replacement, and reconstruction. If the proceeds of the insurance are insufficient to pay the estimated or actual cost of such repair and reconstruction, the Association may, pursuant to Article X above, levy, assess, and collect in advance from all Owners, without the necessity of a special vote of the Owners except as provided in Section 10.4, a Special Assessment sufficient to provide funds to pay such estimated or actual costs of repair and reconstruction. Further levies may be made in like manner if the amounts collected prove insufficient to complete the repair and reconstruction. 11.4 Disbursement of Funds for Repair and Reconstruction. The insurance proceeds held by the Association and the amounts received from the Special Assessments provided for in Article X above, constitute a fund for the payment of the costs of repair and reconstruction after casualty. 35 It shall be deemed that the first money disbursed in payment for the costs of repair and reconstruction shall be made from insurance proceeds, and the balance from the Special Assessments. If there is a balance remaining after payment of all costs of such repair and reconstruction, such balance shall be distributed to the Owners in proportion to the contributions each Owner made as a Special Assessment to the Association under Section 10.4, above, or, if no Special Assessments were made, then on the basis of the allocation to the Owners of Common Expenses under Section 10.3, above, first to the Security Interest Holders and then to the Owners, as their interests appear. 11.5 Decision Not to Rebuild. If Owners representing at least sixty-seven percent (67%) of the votes in the Association, including the vote of every Owner of Improvements that will not be restored and including, during the Special Declarant Rights Period, the vote of Declarant, and any other votes required by the Act, agree in writing not to repair and reconstruct and no alternative Improvements are authorized, then and in that event the Property shall be restored to its natural state and maintained as an undeveloped portion of the Common Element by the Association in a neat and attractive condition. Any remaining insurance proceeds shall be distributed in accordance with the Act. 11.6 Damage or Destruction Affecting I In the event of damage or destruction to the Improvements located on any of the Lots, the Owner thereof shall promptly repair and restore the damaged Improvements to their condition prior to such damage or destruction. If such repair or restoration is not commenced within one hundred eighty (180) days from the date of such damage or destruction, or if repair and reconstruction is commenced but then abandoned for a period of more than sixty (60) days, then the Association may, after notice and hearing as provided in the Bylaws, impose a fine accruing at the rate of One Thousand Dollars ($1,000.00) per day or such other rate imposed by the Board in compliance with the Act, charged against the Owner of the Lot until repair and reconstruction is commenced, unless the Owner can prove to the satisfaction of the Association that such failure is due to circumstances beyond the Owner's control. Such fine shall be a Default Assessment and lien against the Lot as provided in Article X. above. ARTICLE XII. CONDEMNATION 12.1 Rights of Owners. Whenever all or any part of the Common Element shall be taken or conveyed in lieu of and under threat of condemnation by any authority having the power of condemnation or eminent domain, each Owner shall be entitled to notice of the taking, but the Association shall act as attorney-in-fact for all Owners in the proceedings incident to the condemnation proceeding, unless otherwise prohibited by law. 12.2 Partial Condemnation; Distribution of Award. Reconstruction. The award made for such taking shall be payable to the Association as trustee for all Owners to be disbursed as follows: 36 (a) If the taking involves a portion of the Common Element on which Improvements have been constructed, then, unless, within sixty (60) days after such taking, Owners representing at least sixty-seven percent (67%) of the votes in the Association, including, during the Special Declarant Rights Period, the vote of Declarant, shall otherwise agree, the Association shall restore or replace such Improvements so taken on the remaining land included in the Common Element to the extent lands are available therefor, in accordance with plans approved by the Executive Board, the DRC, Weld County, if required, and any other authority having jurisdiction in such matters. (b) If such Improvements are to be repaired or restored, the provisions in Article XII above regarding the disbursement of funds in respect to casualty damage or destruction which is to be repaired shall apply. (c) If the taking does not involve any Improvements on the Common Element, or if there is a decision made not to repair or restore, or if there are net funds remaining after any such restoration or replacement is completed, then such award or net funds shall be distributed on the basis of the Common Expenses allocated to the Owners under Article XII, above, first to the Security Interest Holders and then to the Owners, as their interests appear. 12.3 Complete Condemnation. If all of the Residential Community is taken, condemned, sold, or otherwise disposed of in lieu of or in avoidance of condemnation, then the regime created by this Declaration shall terminate, and the portion of the condemnation award attributable to the Common Element shall be distributed as provided in Article XII, above. ARTICLE XIII. INSI IRANCF 13.1 General Insurance Provisions. All insurance coverage obtained by the Executive Board shall conform to any minimum requirements of the Act. 13.2 Authority to Purchase. All insurance policies relating to the Common Element shall be purchased by the Executive Board or its duly authorized agent. The Executive Board, the Manager. and Declarant shall not be liable for failure to obtain any coverage required by this Article or for any loss or damage resulting from such failure if such failure is due to the unavailability of such coverage from reputable insurance companies, or if such coverage is available only at demonstrably unreasonable costs. Notwithstanding the foregoing, if the insurance described in Sections 13.3 and 13.4, below, is not reasonably available, or if any policy of such insurance is cancelled or not renewed without a replacement policy having been obtained, the Association promptly shall cause notice of that fact to be hand delivered or otherwise delivered to Owners by such methods as required by the Act. 13.3 Physical Damage Insurance on Common Element. The Association shall obtain insurance for all insurable Improvements, if any, owned by it on the Common Element in an 37 amount equal to the full replacement value (i.e., one hundred percent [100%] of the current "replacement cost" exclusive of land, foundation, excavation, depreciation on personal property, and other items normally excluded from coverage), which shall include all building service equipment and the like, common personal property and supplies, and any fixtures or equipment upon the Common Element. In addition, such policy shall provide the following: (a) Loss or damage by fire and other hazards covered by the standard extended coverage endorsement with the standard "all-risk" endorsement covering sprinkler leakage, debris removal, cost of demolition, vandalism, malicious mischief, windstorm, and water damage. (a) Such other risks as shall customarily be covered with respect to projects similar in construction, location, and use to the Common Element. (c) A waiver of any right of the insurer to repair, rebuild or replace any damage or destruction, if a decision is made pursuant to this Declaration not to do so. (d) The following endorsements (or equivalent): cost of demolition; contingent liability from operation of building laws or codes; increased cost of construction; agreed amount or elimination of co-insurance clause; and inflation guard(if available). (e) The deductible, if any, on any insurance policy purchased by the Executive Board may be treated as a Common Expense payable from Annual Assessments or Special Assessments allocable to all of the Lots or to only some of the Lots, if the claims or damages arise from the negligence of particular Owners (if the repairs benefit only particular Owners). or as an item to be paid from any working capital reserves established by the Executive Board. Except as otherwise set forth in this Article, the maximum deductible amount shall be the lesser of Ten Thousand Dollars ($10,000.00) or one percent (1%)of the policy face amount. Prior to obtaining or renewing any policy of physical damage insurance, the Executive Board shall review or obtain an appraisal of the then current replacement cost of Improvements (exclusive of the land, excavations, foundations and other items normally excluded from such coverage) for the purpose of determining the amount of physical damage insurance to be secured pursuant to this Article. 13.4 Liability Insurance. The Association shall obtain a comprehensive policy of commercial general liability insurance and property damage insurance as provided by the Act with such limits as the Executive Board may from time to time determine, insuring each member of the Executive Board, the Association, the Manager, and the respective employees, agents and all persons acting as agents of the Association against any claims and liability in connection with the ownership, existence, use, operation, maintenance, or management of the Common Element and alleys, sidewalks, street and roads within The Residential Community and any other areas under the 38 control of the Association. Declarant shall be included as an additional insured in Declarant' capacity as an Owner. The Owners shall be included as additional insureds, but only for claims and liabilities arising in connection with the ownership, existence, use, operation, maintenance, or management of the Common Element. Such comprehensive policy of public liability insurance shall include the following: (a) Coverage for contractual liability, liability for non-owned and hired automobiles, and, if applicable, host liquor liability, employer's liability, and such other risks as shall customarily be covered with respect to developments similar to The Residential Community in construction, location, and use. (b) A cross liability endorsement under which the rights of a named insured under the policy shall not be prejudiced with respect to an action against another insured. The Executive Board shall review the coverage and limits at least once every two (2) years, but, generally, the Executive Board shall carry such amounts of insurance usually required by private institutional mortgage lenders on projects similar to The Residential Community, and in no event shall such coverage be less than One Million Dollars ($1,000,000.00) for all claims for bodily injury or property damage arising out of one (1) occurrence. Reasonable amounts of "umbrella" liability insurance in excess of the primary limits shall also be obtained in an amount not less than Two Million Dollars ($2,000,000.00). 13.5 Fidelity Insurance. Fidelity bonds shall be maintained by the Association to protect against dishonest acts on the part of its officers, directors, employees, and all others who handle or are responsible for handling the funds of or administered by the Association. If responsibility for handling funds is delegated to a Manager, such bonds shall be required for the Manager and its officers, employees, and agents. as applicable. Such bonds shall contain waivers by the issuers of all defenses based upon the exclusion of persons serving without compensation from the definition of "employees," or similar teens or expressions. Such bonds shall name the Association as an obligee and cover the maximum funds that will be in the custody of the Association or any management agent at any time while the bond is in force. 13.6 Flood Insurance. If any part of the Improvements, if any, on the Common Element are located in a Special Flood Hazard Area, which is designated A, AE, AH, AO. A1-30, A-99, V, VE or V1-30 on a Flood Insurance Rate Map, the Association shall obtain a policy of flood insurance in an amount equal to one hundred percent (100%) of the insurable value of the Improvements or the maximum coverage available under the appropriate National Flood Insurance Administration program. 13.7 Provisions Common to Physical Damage Insurance, Liability Insurance Fidelity Insurance and Flood Insurance. Any insurance coverage obtained by the Association under the provisions of this Article above shall be subject to the following provisions and limitations: 39 (a) The named insured under any such policies shall include Declarant, until all of the Lots have been conveyed, and the Association, as attorney-in-fact for the use and benefit of the Owners, or the authorized representative of the Association (including any trustee with whom the Association may enter into an insurance trust agreement, or any successor trustee, each of which is sometimes referred to in this Declaration as the "Insurance Trustee"), who shall have exclusive authority to negotiate losses under such policies. (b) Each Owner shall be an insured person with respect to liability arising out of the Owner's interest in the Common Element or membership in the Association. (c) In no event shall the insurance coverage obtained and maintained pursuant to this Article be brought into contribution with insurance purchased by the Owners or their Security Interest Holders. (d) The policies shall provide that coverage shall not be prejudiced by: any act or neglect of any Owner (including an Owner's family, tenants, servants, agents, invitees, and guests) when such act or neglect is not within the control of the Association; any act or neglect or failure of the Association to comply with any warranty or condition with regard to any portion of The Residential Community over which the Association has no control; or conduct of any kind on the part of an Owner (including the Owner's family, tenants, employees, agents, invitees and guests)) or any Director, officer, employer, or Manager of the Association, without prior demand to the Association and a reasonable opportunity to cure. (e) The policies shall contain the standard mortgagee clause commonly accepted by private institutional mortgage investors in the area in which The Residential Community is located, and provide that coverage may not be cancelled in the middle or at the end of any policy year or other period of coverage or substantially modified or reduced (including cancellation for nonpayment of premiums) without at least thirty (30) days' prior written notice mailed to the Association and to each Person to whom a certificate of insurance has been issued, at their respective last known addresses. (f) The policies shall contain a waiver by the insurer of any right to claim by way of subrogation against Declarant, the Executive Board, the Association, the Manager. and any Owner and their respective agents, employees, or tenants, and in the case of Owners, members of their households, and of any defenses based upon co-insurance. (g) The policies described in Sections 13.3 and 13.4, above, shall provide that any "no other insurance" clause shall expressly exclude individual Owners' policies from its operation so that the physical damage policy or policies purchased by the Executive Board 40 shall be deemed primary coverage, and any individual owners' policies shall be deemed excess coverage. 13.8 Personal Liability Insurance of Officers and Directors. To the extent obtainable at reasonable cost, appropriate officers' and directors' personal liability insurance may be obtained by the Association to protect the officers and Directors from personal liability in relation to their duties and responsibilities in acting as such officers and Directors on behalf of the Association. 13.9 Workmen's Compensation Insurance. The Association shall obtain workmen's compensation or similar insurance with respect to its employees, if any, in the amounts and forms as may now or hereafter be required by law. 13.10 Other Insurance. The Association may obtain insurance against such other risks, of a similar or dissimilar nature, as it deems prudent and appropriate with respect to the Association's responsibilities and duties. 13.11 insurance Obtained by Owners. No insurance coverage obtained by an Owner covering the Owner's personal property and personal liability shall operate to decrease the amount which the Executive Board, on behalf of all Owners, may realize under any policy maintained by the Executive Board or otherwise affect any insurance coverage obtained by the Association or cause the diminution or termination of that coverage. Any such insurance obtained by an Owner shall include a waiver of the particular insurance company's right of subrogation against the Association and other Owners. ARTICLE XIV. INDEMNIFICATION To the full extent permitted by law, each officer and Member of the Executive Board of the Association shall be and is hereby indemnified by the Members and Owners and the Association against all expenses and liabilities, including attorneys' fees, reasonably incurred by or imposed upon him or her in any proceeding to which he or she may be a party, or in which he or she may become involved, by reason of his or her being or having been an officer or Director on the Executive Board of the Association, or any settlement thereof, whether or not he or she is an officer or a Member of the Executive Board of the Association at the time such expenses are incurred, except in such cases where such officer or Member of the Executive Board is adjudged guilty of willful misfeasance or malfeasance in the performance of his or her duties; provided that in the event of a settlement, the indemnification shall apply only when the Executive Board approves such settlement and reimbursement as being in the best interests of the Association. 41 ARTICLE XV. SPECIAL, DECLARANT RIGHTS AND ADDITIONAT RESERVED RIGHTS 15.1 Special Declarant' Rights. Declarant hereby expressly reserves the right, for a period of ten (10) years following the recordation of this Declaration in the Office of the Clerk and Recorder of Weld County, Colorado. to perform the acts and exercise the rights hereinafter specified ("Special Declarant Rights"). The Special Declarant Rights, including development rights, are the following: (a) Control of Association and Executive Board. The right to remove any officer or Member of the Executive Board during the Period of Declarant Control. (b) Completion of Improvements. The right to complete Improvements indicated on Plats filed with Weld County, Colorado, as they may be amended from time to time. (c) Construction and Access Easements. The right to use easements through the Common Element for the purpose of making Improvements and to provide access to all real estate within Sorrel Ridge P.U.D. The right to construct, and complete the construction of Improvements on the Common Element. (d) Merger. The right to merge or consolidate part or all of Sorrel Ridge P.U.D. with another developed property of the same form of Ownership and to merge or consolidate the Association with any association or associations governing all or any part of a common interest community in Sorrel Ridge P.U.D. (e) Annexation of Expansion Property. The right to annex all or part of any Expansion Property to the Property. (f) Creation of Lots. The right to create Lots and Common Element on the Property, except as otherwise specifically limited in this Declaration. (g) Withdrawal of Property. The right to withdraw real estate, whether contained within the Property initially subject to this Declaration or within the Expansion Property, from the Residential Community. (h) Sales Offices. The right to construct, maintain and/or relocate from time to time, model residences, sales offices, construction offices, management offices, signs advertising the Lots and to conduct sales activities thereon. Such rights shall include, without limitation, the right to install signage, both fixed and movable, flags and flag poles. 42 15.2 Additional Reserved Ri•hts. In addition to the Special Declarant Rights set forth in Section 15.1, above, Declarant also reserves the following additional rights ("Additional Reserved Rights"): (a) T Ise Agreements. The right to enter into, establish, execute, amend and otherwise deal with contracts and agreements for the use. lease, repair, maintenance or regulation of the Improvements and other facilities constructed or to be constructed on the Common Element. (b) Colorado Common Interest Ownership Art, The right to amend this Declaration to comply with the requirements of the Colorado Common Interest Ownership Act in the event any provision contained herein does not so comply with the Act. (c) Executive Board Votes and Common Expense Allocations. The right to determine the number of votes of Members on the Executive Board and allocations of Common Expenses to Members as provided by Sections 5.5 and 5.6 above. (d) Allocations Regarding Limited Common Element. The right to allocate specified areas which constitute a part of the Common Element as Limited Common Element for the exclusive use of the Owners of Lots to which the specified areas shall become appurtenant. (e) Right of Amend Declaration. The right to amend this Declaration and any Plat in connection with the exercise of any Development Right or any other Special Declarant Right to the extent permitted by the Act, and Declarant also reserves the additional rights retained for the benefit of Declarant in this Article and in other provisions of this Declaration. 15.3 Order of Exercise'of Declarant's Rights Declarant makes no representations and gives no assurances regarding the legal description or the boundaries of any phase of the Expansion Property or the order in which the phases of the Expansion Property may be developed or incorporated into the Residential Community. Further, the fact that Declarant may exercise one (I) or more of Declarant's rights on a portion of the Property, including the Expansion Property, shall not operate to require Declarant to exercise a right with respect to any other portion of the Property. 15.4 Rights Transferable. Any Special Declarant Right or Additional Reserved Right created or reserved under this Article for the benefit of Declarant may be transferred to any Person by an instrument describing the rights transferred and recorded in Weld County, Colorado. Such instrument shall be executed by Declarant and the transferee. 43 ARTICLE XVI. EXPANSION 16.1 Reservation of Right to Expand. Declarant reserves the right to, and the effect of this Declaration shall be expanded, to include all or any part of any and all Lots created within or annexed to Sorrel Ridge P.U.D. as Lots under this Declaration. The consent of the existing Owners or Security Interest Holders shall not be required for any such expansion, and Declarant may proceed with expansion without limitation at its sole option. Declarant shall have the unilateral right to transfer to any other Person this right to expand by an instrument duly recorded. Declarant shall pay all taxes and other governmental assessments relating to the expansion property as long as Declarant owns such property. 16.2 Declaration of Annexation. Any such expansion shall be accomplished automatically, upon recording by the Declarant of a Declaration of Annexation and one(1) or more supplemental Plats describing the real estate sought to be included. Upon recording of a Declaration of Annexation in compliance with the terms of this Declaration, this Declaration shall automatically, and without further documentation, be deemed amended to include the expansion property described in such Declaration of Annexation as being subject to the terms of this Declaration. Upon recordation of a Declaration of Annexation, the definitions used in this Declaration shall be expanded automatically to encompass and refer to the expanded common interest community. An expansion of this Declaration to include additional Common Element may be accomplished upon recording by Declarant of a Declaration of Annexation on or before the expiration of the period of Special Declarant Rights. The Declaration of Annexation shall describe the real property to be added to the Common Element and submit the same to the covenants, conditions, restrictions and easements contained in this Declaration. Such Declaration of Annexation shall not require the consent of the Owners or Security Interest Holders. Any such expansion shall be effective upon the filing for record of a Declaration of Annexation and supplemental Plat. Any such expansion may be accomplished in stages by successive supplements or in any one supplemental expansion. ARTICLE XVII. DRAINACIF 17.1 Acknowledgment. Soils within the State of Colorado consist of expansive soils, low-density soils, and moisture retentive soils which will adversely affect the integrity of a dwelling if the dwelling and the Lot on which it is constructed are not properly maintained. Expansive soils contain clay minerals which have the characteristic of changing volume with the addition or subtraction of moisture, thereby resulting in swelling and/or shrinking soils. The addition of moisture to low-density soils causes a realignment of soil grains, thereby resulting in consolidation and/or collapse of the soils. 44 17.2 Moisture. Each Owner of a Lot shall use his or her best efforts to assure that the moisture content of those soils supporting the foundation and the concrete slabs forming a part of the dwelling constructed thereon remain stable and shall not introduce excessive water into the soils surrounding the dwelling. 17.3 Grading. Each Owner of a Lot shall maintain (and not alter) the grading and drainage patterns of the Lot as indicated in the subdivision plans on file with the Planning Office of Weld County. 17.4 Water Flow. The Owner of a Lot shall not impede or hinder in any way the water falling on the Lot from reaching the drainage courses established for the Lot and the Residential Community. 17.5 Action by Owner. To accomplish the foregoing, each Owner of a Lot covenants and agrees, among other things: (a) Not to install improvements, including, but not limited to, landscaping, items related to landscaping, walks, driveways, parking pads, patios, fences, walls, additions to a dwelling, or any other item or improvement which will change the grading of the Lot. (b) To fill with additional soil any back-filled areas adjacent to the foundation of the dwelling and in or about the utility trenches on the Lot in which settling occurs to the extent necessary from time to time maintain the grading and drainage patterns of the Lot. (c) Not to water the lawn or other landscaping on the Lot excessively. (d) Not to plant flower beds (especially annuals) and gardens adjacent to or within four(4) feet of the foundation and slabs of the dwelling located on the Lot. (e) To install any gravel beds in a manner which will assure that water will not pond in the gravel areas, whether due to non-perforated edging or due to installation of the base of the gravel bed at a level lower than the adjacent lawn. (I) To install a moisture barrier (such as polyethylene) under any gravel beds, except any gravel beds in back-filled areas). (g) To assure that: (i) water that flows from downspout extensions or splash blocks is allowed to flow rapidly away from the foundation and/or slabs; and, (ii) splash blocks are maintained under sill cocks. (h) To re-caulk construction joints opening up between portions of exterior slabs and garage slabs in order to thereby seal out moisture. 45 17.6 Disclaimer. Declarant shall not be liable for any loss or damage to a dwelling caused by or in anyway connected with soil conditions or failure of an Owner to control drainage on any Lot. ARTICLE XIII. MTSCELI.ANEOT IS PROVISIONS 18.1 Enforcement. The Association or the Owner of any of the Lots on the Property may enforce the restrictions, conditions, covenants and reservations imposed by the provisions of Residential Community Documents by proceedings at law or in equity against any Person or against the Association violating or attempting to violate any of the said Articles, Bylaws or Rules and Regulations, or restrictions and limitations of this Declaration, either to recover damages for such violation, including reasonable attorneys' fees incurred in enforcing this Declaration, or to restrain such violation or attempted violation or to modify or remove structures fully or partially completed in violation hereof, or both. Failure of the Association, the Executive Board, DRC, or any Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. The Association shall not be liable to reimburse any Member or Owner for attorneys' fees or costs incurred in any suit brought by a Member or Owner to enforce or attempt to enforce any provision of the Residential Community Documents. 18.2 Term of Declaration. This Declaration shall run with the land, shall be binding upon the Members and upon all Persons owning Lots and any Persons hereafter acquiring said Lots, and shall be in effect in perpetuity unless amended or terminated as provided herein or in the Act (to the extent applicable). 18.3 Amendment of Declaration. Except as otherwise provided in the Act and this Declaration, and subject to provisions elsewhere contained in this Declaration requiring the consent of Declarant or others, any provision, covenant, condition, restriction or equitable servitude contained in this Declaration may be amended or repealed at any time and from time to time upon approval of the amendment or repeal by vote of Members of the Association holding at least sixty- seven percent (67%) of the votes of the Association present in Person or by proxy at a duly constituted meeting of the Members. The approval of any such amendment or repeal shall be evidenced by the certification by the Executive Board of the Association of the vote of Members. The amendment or repeal shall be effective upon the recordation in the Office of the Clerk and Recorder of Weld County, Colorado, of a certificate, executed by the President and Secretary of the Association setting forth the amendment or repeal in full and certifying that the amendment or repeal has been approved by the Members and certified by the Executive Board as set forth above. 18.4 Captions. The captions contained in the Documents are inserted only as a matter of convenience and for reference, and in no way define, limit or describe the scope of the Documents or the intent of any provision thereof. 46 18.5 Gender. The use of the masculine gender refers to the feminine gender, and vice versa, and the use of the singular includes the plural, and vice versa, whenever the context of the Documents so require. 18.6 Waiver. No provision contained in the Documents is abrogated or waived by reason of any failure to enforce the same. irrespective of the number of violations or breaches which may occur. 18.7 Invalidity and Severahility. The invalidity of any provision of the Documents does not impair or affect in any manner the validity, enforceability or effect of the remainder, and if a provision is invalid, all of the other provisions of the Documents shall continue in full force and effect. 18.8 No Partition of Common Area. The Common Element shall be owned by the Association. No Member shall bring any action for partition or division of the Common Element. By acceptance of a deed or other instrument of conveyance or assignment, each Owner shall be deemed to have specifically waived such Owner's rights to institute or maintain a partition action or any other action designed to cause a division of the Common Element, and this Section may be pleaded as a bar to any such action. Any Owner who shall institute or maintain any such action shall be liable to the Association, and hereby agrees to reimburse the Association for its costs, expenses, and reasonable attorneys' fees in defending any such action. 18.9 Conflict. If there is any conflict between the Residential Community Documents and the provisions of the Act, the provisions of the Act, to the extent applicable, shall control. In the event of any conflict between this Declaration and any other Document, this Declaration shall control. 18.10 Weld County's Right to Farm. Weld County's Right to Farm adopted in Appendix 22-E of the Weld County Code and set forth at length in Exhibit"C" attached hereto is made a part of this Declaration by reference. IN WITNESS WHEREOF, Declarant has caused this Declaration to be executed as of the day and year first above written. SOARING SKIES VENTURES, EEC, A Colorado Limited Liability Company By: Timothy J. Hal poff, May 47 s;`aN TWI(,Sp�`1 • } I I. • : STATE OF COLORADO ) ��sj••,AUB� ;.••°% ) ss. ri`q O• F, Q,P COUNTY OF ) ` My Commission ExpL-1.1-9 lreIs�" The foregoing instrument was acknowledged before me this N day of Nevenrber,e(PI't 2006. by Timothy J. Halopoff. as Manager of SOARING SKIES VENTURES. LLC. a Colorado Limited Liability Company. WITNESS my hand and official seal. Notary Public My Commission Expires: E frulD '2 I 2X C APPROVAL, RATIFICATION AND CONFIRMATION The undersigned, having a Security Interest in the real property described on Exhibit "A" attached hereto and incorporated herein by reference, hereby approves, ratifies, confirms and consents to the foregoing Declaration of Covenants, Conditions, Restrictions and Easements for Sage Hill P.U.D.. IN WITNESS WHEREOF. the undersigned has caused its name to be hereunto subscribed this ber, 2006. S OTA/1r,:L ADAMS BANK AND TRUST, A State Chartered panic J )q'•AGBt.�G�QO Dale Tanaka, Vi*VT— tsl dent Con'fiOFC0A0 STAIE '8rs�i(dP ° O°10 ) ) ss. COUNTY OF LARIMER ) The foregoing instrument was acknowledged before me this I day of Neverrrber, 2006, by Dale Tanaka as Vice President of Adams Bank and Trust, a State Chartered Bank. WITNESS my hand and official seal. My commission expires: \la 17--12 D \drl ritM Notary Public 48 EXHIBIT "A" Legal Description of Sorrel Ridge, P.U.D. PF-1099 Sorrel Ridge P.U.D. Subdivision (PF-1099) recorded in the Office of the Clerk and Recorder for Weld County. Colorado at Reception No. on December , 2006, being a part of the South 'V2 of Section 5, Township 7 North, Range 67 West of the 6th P.M., County of Weld, State of Colorado. EXHIBIT "B" Legal Description of the Common Element in Sorrel Ridge,P.U.D. PF-1099 Tracts A. B. and C, Sorrel Ridge P.U.D. Subdivision (PF-1099)recorded in the Office of the Clerk and Recorder for Weld County,Colorado at Reception No. on December , 2006, being a part of the South Yz of Section 5, Township 7 North, Range 67 West of the 6`h P.M., County of Weld, State of Colorado. 49 EXHIBIT "C" Weld County's Right to Farm Statement Weld County is one of the most productive agricultural counties in the United States, ranking fifth 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 areas: 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. 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; hunting and trapping activities; shooting sports, legal hazing of nuisance wildlife; 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. Property owners and residents cannot take water from irrigation ditches, lakes or other structures unless they have an adjudicated right to the water. Section 35-3.5-102, C.R.S., provides that an agricultural operation shall not be found to 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. 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 removal for roads within subdivisions are of the lowest priority for public works or may be the private responsibility 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. People 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 and open burning present real threats. 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. 50 I in DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS,AND EASEMENTS FOR SORREL RIDGE P.U.D. TABLE OF CONTENTS RECITALS 1 ARTICLE I. DECLARATION OF COVENANTS,CONDITIONS AND RESTRICTIONS 1 1.1 Imposition of Covenants 1 1.2 Development and Use 2 ARTICLE II.DEFINITIONS 2 ARTICLE III. THE RESIDENTIAL COMMUNITY 7 3.1 Establishment of Planned Community 7 3.2 Declaration of Lot Boundaries 7 3.3 Plat 7 ARTICLE IV. ASSOCIATION AS ATTORNEY-IN-FACT 7 ARTICLE V.THE ASSOCIATION 7 5.1 Association Management Duties 7 5.2 Common Element and Improvements 8 5.3 Association's Responsibility for Common Element 8 5.4 Membership 8 5.5 Classes of Membership and Voting Rights 9 5.6 Allocated Interests 9 5.7 Appointment of Officers and Directors by Declarant 9 5.8 Budget 9 5.9 Owners' and Association's Addresses for Notices 10 5.10 Compliance with Documents 10 5.11 Rules and Regulations 10 5.12 Cooperation with Other Associations 11 5.13 Cooperation with Local Government 11 5.14 Cooperation with Developers 11 5.15 Manager 11 5.16 Delegation by Association Board 11 5.17 Ownership of Personal Property and Real Property for Common Use 12 5.18 Annual Notice of Books and Records 12 5.19 Maintenance Reserves 13 5.20 Implied Rights and Obligations 13 5.21 Litigation Matters 13 5.22 Governance Policies of Executive Board 13 ARTICLE VI. DESIGN REVIEW COMMITTEE 14 6.1 Committee and Guidelines 14 6.2 DRC Membership and Organization 15 6.3 Purpose and General Authority 16 6.4 DRC Discretion 16 6.5 Binding Effect 16 6.6 Organization and Operation of DRC 16 6.7 Expenses 17 6.8 Other Requirements 18 6.9 Limitation of Liability 18 6.10 Enforcement 18 6.11 Reconstruction of Common Element 19 6.12 Variances 19 6.13 Color 20 6.14 Address Signage 20 6.15 Fences 20 6.16 Mailboxes 20 6.17 Subdivision 20 ARTICLE VII. PROPERTY USE RESTRICTIONS 20 7.1 General Restriction 20 7.2 Residential Use of Lots 21 7.3 Home Occupations 21 7.4 Household Pets and Livestock 22 7.5 Pet Runs and Animal Enclosures 23 7.6 Signage 23 7.7 Leases 24 7.8 Storage of Inoperative Vehicles 24 7.9 Repair 24 7.10 Parking 24 7.11 Trash 24 7.12 Screens,Awnings,Flags and Other Accessories 25 7.13 Storage 25 7.14 Antennae or Electrical or Cooling Devices 25 7.15 Electrical,Television,Natural Gas and Telephone Service 25 7.16 Water and Sanitation 26 7.17 Wells 26 7.18 Temporary Structures 26 7.19 Outside Burning 26 7.20 Noise 26 7.21 Lighting 26 7.22 Nuisances 26 7.23 Use of Facilities 27 7.24 Enforcement 27 ARTICLE VIII. MAINTENANCE 27 8.1 Owner's Responsibility for Lot 27 8.2 Owners Negligence 27 8.3 Association's Easement to Perform Work 28 ARTICLE IX. PROPERTY RIGHTS IN COMMON ELEMENT 28 9.1 Dedication of Common Element 28 9.2 Owners'Easements of Enjoyment 28 9.3 Delegation of Use 29 9.4 Easements for Utilities,Infrastructure and Access 29 9.5 Utilities 29 9.6 Emergency Access Easement 29 9.7 Declarant'Rights Incident to Construction 29 ii ARTICLE X. COVENANT FOR MAINTENANCE ASSESSMENTS 30 10.1 Creation of the Lien and Personal Obligation for Assessments 30 10.2 Purpose of Assessments 30 10.3 Calculation and Apportionment of Assessments and Expenses 30 10.4 Special Assessments 31 10.5 Uniform Rate of Assessment 31 10.6 Common Expenses Attributable to Fewer than All Lots 31 10.7 Date of Commencement of Annual Assessments and Payment Period 32 10.8 Collection 32 10.9 Default Assessments 32 10.10 Effect of Nonpayment of Assessment 32 10.11 Successor's Liability for Assessment 33 10.12 Waiver of Homestead Exemption;Subordination of the Lien 34 10.13 Statement of Status of Assessments 34 10.14 Failure to Assess 35 ARTICLE XI. DAMAGE OR DESTRUCTION 35 11.1 Estimate of Damage or Destruction 35 11.2 Repair and Reconstruction 35 11.3 Funds for Repair and Reconstruction 35 11.4 Disbursement of Funds for Repair and Reconstruction 35 11.5 Decision Not to Rebuild 36 11.6 Damage or Destruction Affecting Lots 36 ARTICLE XII. CONDEMNATION 36 12.1 Rights of Owners 36 12.2 Partial Condemnation;Distribution of Award;Reconstruction 36 12.3 Complete Condemnation 37 ARTICLE XIII. INSURANCE 37 13.1 General Insurance Provisions 37 13.2 Authority to Purchase 37 13.3 Physical Damage Insurance on Common Element 37 13.4 Liability Insurance 38 13.5 Fidelity Insurance 39 13.6 Flood Insurance 39 13.7 Provisions Common to Physical Damage Insurance, Liability Insurance, Fidelity Insurance and Flood Insurance 39 13.8 Personal Liability Insurance of Officers and Directors 41 13.9 Workmen's Compensation Insurance 41 13.10 Other Insurance 41 13.11 Insurance Obtained by Owners 41 ARTICLE XIV. INDEMNIFICATION 41 ARTICLE XV. SPECIAL DECLARANT RIGHTS 42 15.1 Special Declarant' Rights 42 15.2 Additional Reserved Rights 43 15.3 Order of Exercise of Declarant's Rights 43 15.4 Rights Transferable 43 iii ARTICLE XVI. EXPANSION 44 16.1 Reservation of Right to Expand 44 16.2 Declaration of Annexation 44 ARTICLE XVII. DRAINAGE 44 17.1 Acknowledgment 44 17.2 Moisture 45 17.3 Grading 45 17.4 Water Flow 45 17.5 Action by Owner 45 17.6 Disclaimer 46 ARTICLE XIII. MISCELLANEOUS PROVISIONS 46 18.1 Enforcement 46 18.2 Term of Declaration 46 18.3 Amendment of Declaration 46 18.4 Captions 46 18.5 Gender 47 18.6 Waiver 47 18.7 Invalidity and Severability 47 18.8 No Partition of Common Area 47 18.9 Conflict 47 18.10 Weld County's Right to Fann 47 EXHIBIT"A" 49 EXHIBIT"B" 49 EXHIBIT"C" 50 iv DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS,AND EASEMENTS FOR SORREL RIDGE P.U.D. THIS DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS FOR SORREL RIDGE P.U.D. is made and entered into this day of November, 2006,by SOARING SKIES VENTURES, LLC, a Colorado Limited Liability Company (Declarant). RECITALS A. Declarant is the owner of Sorrel Ridge P.U.D. located in the County of Weld, State of Colorado, legally described on Exhibit "A" attached hereto and incorporated herein by this reference (Property). The final plat for Sorrel Ridge P.U.D., having been duly approved and executed, has been recorded in the Office of the Clerk and Recorder for Weld County, Colorado at Reception No. . The Property situated in Sorrel Ridge P.U.D. is subject to this Declaration. B. The purpose of Declarant in making this Declaration is to create a planned common interest community known as Sorrel Ridge P.U.D. in accordance with the Colorado Common Interest Ownership Act, C.R.S. § 38-33.3-101, et seq , as amended and supplemented from time to time. C. Declarant intends to ensure the attractiveness of the Property, including the residences and other improvements constructed on it; to protect and enhance the values and amenities of the Property; to provide for the administration, operation, use and maintenance of common element; and to promote the health, safety and welfare of the Owners of property in the Project. ARTICLE I. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 1.1 imposition of Covenants. Declarant hereby makes, declares, and establishes the following covenants, conditions, restrictions, and easements (Covenants) that shall affect all of the Property. From this day forward, the Property shall constitute a planned common interest community known as Sorrel Ridge P.U.D. (Residential Community) under the Act and shall be held, sold and conveyed subject to these Covenants. These Covenants shall run with the land and shall be binding upon all Persons having any right, title, or interest in all or any part of the Property, 1 including Declarant, and its heirs, successors, assigns, tenants, employees, guests, and invitees. These Covenants shall inure to the benefit of each Owner of the Property or part thereof. 1.2 Development and UseError! Bookmark not defined . Upon completion, the Residential Community shall consist of a maximum of nine (9) Lots for single-family residential use. No Lots in excess of that number may be established on the Property or by the subdivision of existing Lots. ARTICLE II. DEFINITIONS When used in this Declaration, unless the context clearly indicates otherwise, capitalized terms not otherwise defined in the Act are defined as follows: 2.1 "Act" or "CCIOA" shall mean and refer to the Colorado Common Interest Ownership Act, C.R.S. §38-33.3-101, et seq , as amended and supplemented from time to time, or any successor legislation to these statutes. 2.2 "Allocated Interests" shall mean and refer to liability for Common Expenses and votes in the Association. 2.3 "Annual Assessments" shall mean the Assessments levied annually pursuant to Section 8.3. 2.4 "Articles" or "Articles of Incorporation" shall mean and refer to the Articles of Incorporation which have been filed with the Secretary of State of Colorado to create Sorrel Ridge Residential Association, as such Articles may be amended from time to time. 2.5 "Assessments" shall mean and refer to all Common Expense Assessments, Special Assessments, Default Assessments, Individual Assessments and Fines levied by the Executive Board pursuant to this Declaration, the Bylaws or the Rules and Regulations. 2.6 "Association" or "Residential Association" shall Sorrel Ridge Residential Association, a Non-Profit Corporation, or any successor to said Association by whatever name, charged with the duties and obligations set forth in these Covenants. 2.7 "Bylaws" shall mean and refer to any instructions, however denominated, which are adopted by the Residential Association for the regulation and management of the Residential Association, including amendments to same. 2.8 "Common Element" shall mean and refer to any real estate, easements or other real estate interests within the Residential Community owned or leased by the Association, other than a Lot. Unless otherwise permitted by amendment of this Declaration, the "Common Element" shall 2 be limited to the real property described on Exhibit "B" attached hereto and incorporated herein by this reference, and the Improvements located (or to be located) thereon, and other appurtenances as are necessary or desirable for the full use and enjoyment by of such Improvements by the Members of the Association and Owners and occupants of Lots within The Residential Community. 2.9 "Common Expense Assessments" shall mean and refer to all Assessments made for Common Expenses and levied by the Executive Board. 2.10 "Common Expenses" shall mean and refer to the expenditures made or financial liabilities incurred for the ownership, use, operation, regulation, maintenance and repair of the Common Element and operation and management of the Residential Association. These expenses include, but are not necessarily limited to: (a) Expenses of administering, maintaining, leasing, insuring, repairing or replacing the Common Element and facilities and improvements located thereon. (b) Expenses declared to be Common Expenses by this Declaration. (c) Expenses agreed upon as Common Expenses by the Association. (d) Such reasonable reserves as may be established by the Association, whether held in trust or by the Association, for repair, replacement or addition to the Common Element or any other real or Personal property acquired or held by the Association. (e) Management fees. (0 Expenses incurred in connection with the use, operation, maintenance and repair of the Common Element and such other features as the Association shall deem reasonable and prudent or as are required by law or contract. (g) Taxes, fees, and similar charges. 2.11 "Declarant" shall mean and refer to Soaring skies Ventures, LLC, or any other Person or group of Persons acting in concert who (a) as a part of a common promotional plan, offers to dispose of to a purchaser a Declarant's interest in a Lot not previously disposed of to a purchaser; or (b)reserves or succeeds to any Special Declarant Right. 2.12 "Declaration" shall mean and refer to this Declaration of Covenants, Condition, Restrictions and Easements for Sorrel Ridge P.U.D., including any amendments hereto and also including,but not limited to, any Plats of The Residential Community recorded in the Office of the Clerk and Recorder of Weld County, Colorado. 2.13 "Default Assessment" shall mean an Assessment levied by the Association pursuant to 3 Article X. 2.14 "Design Guidelines" shall mean the guidelines and rules published and amended and supplemented from time to time by the Design Review Committee. 2.15 "Design Review Committee" or "Committee" or "DRC" shall mean the committee formed pursuant to Article VI to maintain the quality and architectural harmony of Improvements in the Residential Community. 2.16 "Director" shall mean and refer to a member of the Executive Board. 2.17 "Dispose" or "Disposition" shall mean and refer to a voluntary transfer of any legal or equitable interest in a Lot,but the term does not include the transfer or release of a Security Interest. 2.18 "Documents" shall mean and refer to this Declaration, any Plat as recorded and filed, the Articles, the Bylaws, and the Rules and Regulations as they may be amended from time to time, together with any exhibit, schedule or certificate accompanying such Documents. 2.19 "Executive Board" shall mean and refer to the Executive Board designated in the Declaration to act on behalf of the Association. 2.20 "Expansion Property" shall mean such additional real property owned or subsequently acquired by Declarant or subject to an option to purchase held by Declarant, which Declarant may make subject to the provisions of this Declaration by duly recorded Declaration of Annexation. 2.21 "Fines" shall mean and refer to any monetary penalty imposed by the Executive Board against a Member or Owner because of a violation of this Declaration, the Articles, the Bylaws or the Rules and Regulations by such Member or Owner, a member of the Owner's family or tenant or guest of the Owner. 2.22 "Improvement(s)" shall mean all buildings, structures, parking areas, fences, walls, decorative landscaping features, hedges, plantings, and other landscaping, lighting, poles, driveways, roads, ponds, irrigation facilities, swimming pools, recreational equipment, signs, changes in any exterior color or shape, excavation and all other site work, including, without limitation, grading, road construction, utility improvements, removal of trees or plantings, and any new exterior construction or exterior improvement which may not be included in the foregoing. "Improvement(s)" does not include turf, shrub, or tree repair or replacement of a magnitude which does not change exterior colors or exterior appearances. "Improvement(s)" includes both original improvements and all later changes and improvements. 2.23 "Landscaping" shall mean and refer to a space of ground covered with lawn, ground cover, shrubbery, trees, flowers and other plant materials which may be complimented with earthen berms, masonry, rock or bark mulch or other ground cover and other similar landscaping materials, 4 together with irrigation/sprinkler systems associated with same (but excluding such systems if owned by another entity with which the Association contracts for such service), all harmoniously combined with other Improvements. 2.24 "Limited Common Element" shall mean a portion of the Common Element, designated in this Declaration, or on any Plat or Map, or by the Act, for the exclusive use of one (I) or more but fewer than all of the Lots. The Board may designate parts of the Common Element from time to time for use by less than all of the Lot Owners. 2.25 "Lot" shall mean and refer to a physical portion of the Residential Community in Sorrel Ridge P.U.D. which is designated for separate ownership or occupancy and the boundaries of which are described in or determined from the applicable declarations and recorded Plats. The governing legal descriptions of the Lots shall be determined in accordance with the appropriate recorded Plat and declaration. Such Lots shall be governed by this and such other declarations as apply to each Lot. 2.26 "Manager" shall mean and refer to a Person employed or engaged to perform management services for the Association. 2.27 "Member" shall mean any Person holding membership in the Residential Association. 2.28 "Mortgage" shall mean any mortgage, deed of trust, or other document which is recorded in the office of the Clerk and Recorder of Weld County, Colorado, and which encumbers any portion of the Property or interest therein as security for the payment of a debt or obligation. 2.29 "Owner" shall mean the Owner of record, including Declarant, and including a contract purchaser, whether one (1) or more Persons of fee simple title to any Lot, but shall not mean or refer to any Person who holds such interest merely as security for the performance of a debt or other obligation, including a Mortgage, unless and until such Person has acquired fee simple title pursuant to foreclosure or other proceedings. 2.30 "Period of Declarant Control" shall mean the period during which Declarant may appoint and remove Directors and officers of the Association as permitted under the Act. The Period of Declarant Control will begin on the date this Declaration is first recorded in the office of the Clerk and Recorder of Weld County, Colorado, and will end no later than: (i) sixty (60) days after conveyance of seventy-five percent (75%) of the Lots that may be created within the Property and the Expansion Property, to Owners other than Declarant; (ii)two (2) years after the last conveyance of a Lot by Declarant in the ordinary course of business; or, (iii) the date on which Declarant voluntarily terminates the Period of Declarant Control by recording a notice to that effect in the office of the Clerk and Recorder of Weld County, Colorado, whichever of the foregoing dates or events occurs first. 2.31 "Person" means a natural Person, a corporation, a partnership, a limited liability 5 company, an association, a trust or any other entity or combination of the foregoing. 2.32 "Plat" or"Final Plat" shall mean the final plat for Sorrel Ridge P.U.D. approved by the County of Weld and recorded in the Office of the Clerk and Recorder for Weld County, Colorado at Reception No. , and any engineering survey or surveys of all or part of the Property, together with such other diagrammatic plans and information regarding the Property as may be required by the Act or other applicable law, or as may be included in the discretion of Declarant, as each such survey may be amended and supplemented from time to time, and all as recorded in the office of the Clerk and Recorder of Weld County, Colorado. 2.33 "Property" shall mean and include the property described on Exhibit "A" and initially subjected to this Declaration and any Expansion Property made subject to these Covenants. 2.34 "Residential Community" shall mean Sorrel Ridge P.U.D., a planned common interest community as defined by the Act created by this Declaration, consisting of the Property, including any Expansion Property, and all of the Improvements located on the Property. 2.35 "Residential Community Documents" shall mean the basic documents creating and governing the Sorrel Ridge P.U.D., including, but not limited to, this Declaration, the Articles of Incorporation and Bylaws, the Design Guidelines, the Residential Community Rules and Regulations, and any other procedures, rules, regulations or policies adopted under such documents by the Association. 2.36 "Security Interest" shall mean and refer to an interest in real estate or Personal property, created by contract or conveyance, which secures payment or performance of an obligation. The term includes a lien created by a mortgage, deed of trust, trust deed, security deed, contract for deed, land sales contract, lease intended as security, assignment of lease or rents intended as security, pledge of an ownership interest in an association, and any other consensual lien or title retention contract intended as security for an obligation. 2.37 "Security Interest Holder" shall mean and refer to a Person owning a Security Interest in a Lot situated on the Property, except the Security Interest for real property taxes and assessments made by Weld County, Colorado, or other governmental authority having jurisdiction over The Residential Community. 2.38 "Special Assessment" shall mean an Assessment levied pursuant to Section 10.4 by Executive Board. 2.39 "Special Declarant Rights" shall mean and refer to the rights reserved for the benefit of the Declarant to perform those acts specified in this Declaration. 2.40 "Successor Declarant" shall mean any Person to whom Declarant assigns any or all of its rights, obligations or interest as Declarant, as permitted by the Act and Residential Community 6 Documents. ARTICLE III. THE RESTDENTTAT,COMMI TNITY 3.1 Establishment of Planned Community. By this Declaration, the Residential Community is established as a planned common interest community under the Act, consisting of nine (9) Lots. 3.2 Declaration of Lot Boundaries. The boundaries of each Lot are designated on the Plat, and each Lot is identified by the number or address noted on the Plat. 3.3 Plat. The Plat shall conform to the requirements of the Act and shall be filed for record in the office of the Clerk and Recorder of Weld County, Colorado. The Plat may be filed as a whole or as a series of Plats from time to time. Any Plat filed subsequent to the first Plat shall be termed a supplement to the Plat, and the numerical sequence of each supplement shall be shown on it. ARTICLE IV. Error! Bookmark not defined.ASSOCTATTON AS ATTORNEY-TN-FACT Each and every Owner hereby irrevocably constitutes and appoints the Association as such Owner's true and lawful attorney-in-fact in such Owner's name, place, and stead for the purpose of dealing with any Improvements on the Common Element upon damage or destruction or a complete or partial taking by condemnation as provided herein. Acceptance by any grantee of a deed or other instrument of conveyance from Declarant or from any Owner shall constitute appointment of the Association as attorney-in-fact as provided in this Article. As attorney-in-fact, the Association shall have full and complete authorization, right, and power to make, execute, and deliver any contract, assignment, deed, waiver, or other instrument with respect to the interest of any Owner which may be necessary or appropriate to exercise the powers granted to the Association as attorney-in-fact. ARTICLE V . THE ASSOCIATION 5.1 Association Manag-.ment DutiesError! Bookmark not defined . Subject to the rights and obligations of Declarant as set forth in this Declaration, and the rights and obligations of the Owners, the Association shall be responsible for the administration and operation of the Property as provided by this Declaration. In addition, the Association may undertake contractual responsibilities relating to other Property, facilities or services that are used by or available to the Owners under arrangements, including, without limitation, those described in this Article. The Executive Board shall exercise for the Association all powers, duties and authorities vested in or obligated to be taken by the Association and not reserved to Declarant, or other applicable law. 7 5.2 Common Element and Improvements. Declarant shall transfer to the Association by Special Warranty Deed those tracts constituting the Common Element located within the Property, from time to time, subject to various easements as dedicated on any Plat or by separate recorded instrument. Declarant shall transfer to the Association by written instrument any Improvements located on the Common Element after the Declarant has completed the construction of such Improvements thereon. From time to time before the expiration of the Special Declarant Rights Period, Declarant may, but shall not be obligated to, convey to the Association, by written instrument recorded with the Clerk and Recorder of Weld County, Colorado, certain other parts of the Property (including the Expansion Property) as Common Element. The Common Element generally is designated by this Declaration for the common use, benefit and enjoyment of the Owners, Occupants, employees, tenants, guests and invitees, and such other Persons as may be permitted to use the Common Element, as Declarant may specify. Nothing in this Declaration or the other Residential Community Documents shall be construed as a dedication to public use, or a grant to any public, or quasi-public authority or utility, or an assumption of responsibility for the maintenance of any Common Element by such authority or utility, absent an express written agreement to that effect. 5.3 Association's Responsibility for Common Element. The Association, subject to the rights and obligations of the Owners set forth in this Declaration, shall be responsible for the management and control of the Common Element conveyed pursuant to Section 5.2, above, and all Common Facilities and Improvements on the Common Element (including any equipment related thereto), and shall keep it in good, clean, and attractive condition and repair, pursuant to the terms and conditions of this Declaration. The Association shall maintain, repair, replace, beautify and keep neat, attractive, and in good order all of the Common Element, Common Facilities, Improvements, Landscaping, exterior lighting, open space, wetlands owned by or which is the responsibility of the Association. Any use of the Common Element and Common Facilities by Owners, Occupants, employees, tenants, guests and invitees, and such other Persons permitted access to the Common Element shall be subject to and governed by any applicable Residential Community Rules. The Association, acting through the Executive Board, may grant easements, rights-of-way, leases, licenses and concessions through or over the Common Element without the independent approval by the Owners; subject, however, to the right of Declarant and the Owners to use the Common Element as provided in this Declaration. 5.4 Membership. Every Owner shall be a Member of the Association. Membership shall be appurtenant to and may not be separated from Ownership of any Lot. No Owner, whether one (1) or more Persons, shall have more than one (1) Membership per Lot owned, but all of the Persons owning each Lot shall be entitled to rights of Membership and of use and enjoyment appurtenant to such Ownership. 8 5.5 Classes of Membership and Voting Rights. The Association shall have one class of voting Membership composed of all Owners, including Declarant. All Members shall be entitled to vote on Association matters on the basis of each Member's Ownership Interest, as defined. The votes cast in favor or in opposition to any issue before the Membership shall be tallied on the basis of the Owners' Membership Interests in the Property actually voting. Any dispute concerning the Owners' Membership Interests voting on an issue shall be determined by reference to the real estate records of Weld County including the Final Plat and any amendments thereto and recorded Documents, or the most recent Declaration of the Declarant or Executive Board, whichever applies. When more than one Person is an Owner of any Lot, all such Persons shall be Members. The vote for such Lot may not be divided, but must be a single act exercised by one Person as the Owners collectively determine. Any Person, upon becoming a Member, on request shall furnish to the Secretary of the Association a photocopy or certified copy of the recorded instrument, lease, or other written evidence, vesting the party with the interest required to become a Member of the Association. 5.6 Allocated Interests. The liability for Common Expense and votes in the Association allocated to each Lot are set forth as follows: (a) Except as specifically provided to the contrary in this Declaration, the percentage of liability for Common Expenses shall be allocated on the basis of each Owner's Membership Interest for their respective Lot(s) in the Residential Community; and, (b) The number of votes in the Association shall be allocated on the basis of each Owner's Membership Interest for their respective Lot(s) in the Residential Community. 5.7 Appointment of Officers and Directors by Declarant. Until the expiration of the Period of Declarant Control, Declarant shall retain the exclusive powers to appoint and remove the Directors on Executive Board and Officers of the Association. Notwithstanding the foregoing, Declarant may voluntarily surrender the right to appoint and remove the Directors and Officers of the Association before the end of the Period of Declarant Control by providing a notice to that effect to the Association and otherwise complying with the procedures for termination of this Special Declarant Right. Upon voluntarily terminating this Special Declarant Right in advance of the expiration of the Period of Declarant Control, Declarant may require that specified actions of the Association as described in an instrument executed and recorded by Declarant in the office of the Clerk and Recorder of Weld County, Colorado, be approved by Declarant before those actions become effective. 5.8 Budget. Within thirty (30) days after adoption of any proposed budget for the 9 Association, the Board shall mail, by ordinary first-class mail, or otherwise deliver, a summary of the budget to the Owners and shall set a date for a meeting of the Owners to consider ratification of the budget not less than fourteen (14) nor more than sixty (60) days after mailing or other delivery of the summary. Unless at that meeting the budget is rejected by the vote or agreement of Owners of Lots to which at least sixty-seven percent (67%) of the Owner's Membership Interests in the Association are allocated, then the budget is ratified, whether or not a quorum is present. In the event that the proposed budget is rejected, the periodic budget last ratified by the Owners shall be continued until such time as the Owners ratify a subsequent budget proposed by the Board. 5.9 Owners' and Association's Addresses for Notices. All Owners of each Lot shall have one and the same registered mailing address to be used by the Association or other Owners for notices, bills, and all other communications regarding Association matters. The address shall be that which is assigned by Weld County unless the Owner or Owners of a Lot shall furnish a different registered address to the Secretary of the Association after receiving title to the Lot. The registration shall be in written form and signed by all of the Owners of the Lot or their authorized representative(s). If all of the Owners cannot agree, then the assigned address of the Lot shall be deemed the registered address until another registered address is furnished as required under this Section. If the address of the Lot is the registered address of the Owners, then any notice shall be deemed duly given if delivered to any Person occupying the Lot or sent to the Lot by first class mail. If the Lot is unoccupied, the notice shall be held and available for the Owners at the principal office of the Association. All notices, demands, and correspondence intended to be served upon the Executive Board shall be sent to the address of the Association or such other address as the Board may designate from time to time by a notice delivered to all Owners in accordance with this Section. 5.10 Compliance with DocumentsError! Bookmark not defined . Each Owner shall abide by and benefit from the provisions, covenants, conditions, and restrictions contained in the Residential Community Documents. 5.11 Rules and Regulations. The Association, from time to time and subject to the provisions of the Residential Community Documents, may adopt, amend and repeal "Residential Community Rules and Regulations" governing, among other things and without limitation: (a) The use of the Common Element and Common Facilities; and (b) The use of parking facilities, street, driveways, sidewalks, trails, trash and recycling storage, and similar amenities, if any, within the Residential Community. A copy of the Residential Community Rules and Regulations in effect shall be distributed 10 to each Member of the Association. Any change in the Residential Community Rules and Regulations shall be distributed to each Member within a reasonable time following the effective date of the change. Without limiting the generality of the foregoing, the Board may suspend voting rights of a Member after notice and hearing and take such enforcement action as provided in the Bylaws for an infraction of the Residential Community Rules and Regulations. 5.12 Cooperation with Other Associations. The Association shall have the right, power and authority to contract in writing with other Associations governing common interest communities within the Residential Community for services involved in management of the Association's affairs. Any such contract may provide for payment by the Association of the reasonable estimated expense of providing such services, including in such event the fair share of the overhead expenses of the other Association. 5.13 Cooperation with Local Government. The Association will cooperate with local governmental and quasi-governmental authorities in all respects to enable the Association and such authorities to efficiently and economically provide their respective services to the Owners. It is contemplated that from time to time either the Association or any of those authorities may use the services of the other in furthering their respective obligations, and they may contract with each other to better provide for such cooperation. 5.14 Cooperation with Developers. The Association may cooperate with developers of adjacent parcels, including, without limitation, parcels developed for residential or commercial purposes, in all respects to enable the Association and the Owners of such properties and/or Associations representing same, to efficiently and economically provide appropriate services to the Owners of the respective parcels. It is contemplated that from time to time either the Association or any of those authorities may use the services of the other in furthering their respective obligations, and that they may contract with each other to better provide for such cooperation and services. 5.15 Manager. The Association may employ or contract for the services of a Manager to act for the Association in the furtherance of Association purposes according to the powers and duties delegated to the Manager pursuant to the Bylaws or resolution of the Board, provided that no such employment shall be by a contract having a term of more than three (3) years, and each such contract shall be subject to cancellation by the Association on ninety (90) days or less prior notice without cause and without payment of a termination fee. The Manager shall not have the authority to make expenditures for additions or Improvements except upon specific prior approval and direction by the Board. The Board or any officer of the Association shall not be liable for any omission or improper exercise by a Manager of any such duty, power, or function so delegated by written instrument executed by or on behalf of the Board. 5.16 Delegation by Association Board. Without limiting the generality of the provisions in this Article, the Executive Board may delegate certain of its powers to any committee or other entity that the Board may choose to form. 11 Any delegation by the Board under this Article is subject to compliance with the Bylaws, and the Board, when so delegating, will not be relieved of its responsibilities under the Residential Community Documents. 5.17 Ownership of Personal Property and Real Property for Common T IseFrrnrt Bookmark not defined . The Association, through action of its Executive Board, may acquire, hold, and Dispose of tangible and intangible Personal Property and real Property. The Board, acting on behalf of the Association, shall accept any real or Personal Property, leasehold, or other Property interests within the Residential Community and conveyed to the Association by Declarant. 5.18 Annual Notice of Books and Records. The Association shall make available for inspection at its principal office, upon request, during normal business hours or under other reasonable circumstances to Owners and holders of Security Interests, current copies of the Residential Community Documents and the books, records, and financial statements of the Association prepared pursuant to the Bylaws. Any Owner or Security Interest Holder may make a written request to the Association for a copy of the financial statements for the preceding year. The Association may charge a reasonable fee for copying such materials. The Association shall maintain the following records at its principal office: (a) Final Plat (b) Development Agreement (c) Final Use Plan (d) Articles of Organization; (e) By-laws; (f) Declaration and amendments; (g) Resolutions of the Executive Board; (h) Minutes of Owners' meetings and records of Owners' actions without meetings for past three years; (i) All written communications to Owners for past three years; (j) Names, addresses and telephone numbers of current Directors and officers; (k) Most recent financial reports; and, (I) All financial reports and audits for past three years. At least once each calendar year, the Association shall provide all Owners with a written notice providing general information about the Association and its governing documents. Not later than ninety (90) days after the end of its fiscal year, the Association shall make available upon request to Owners the Association's financial and operating information. Not later than ninety (90) days after the Association changes the address of its principal office, the Association shall provide notice of the change of address to all Owners. The foregoing disclosure requirements may be met by posting on the Association's webpage, maintaining the documents 12 and information in a binder at the principal office of the Association, or personal delivery or mailing of the information to all Owners. 5.19 Maintenance Reserves. The Association shall establish and maintain an adequate reserve fund from Annual Assessments for maintenance, repair or replacement of Common Element and Improvements and for any other facilities for which contribution from the Association is required. 5.20 Tmplied Rights and Obligations. The Association shall perform all of the duties and obligations imposed on it expressly by the Residential Community Documents, together with every other duty or obligation reasonably to be implied from the express provisions of the Residential Community Documents or reasonably necessary to satisfy any such duty or obligation reasonably to be implied from the express provisions of the Residential Community Documents or reasonably necessary to satisfy any such duty or obligation. The Association may exercise any other right or privilege: (i) given to it expressly by the Residential Community Documents; (ii) reasonably to be implied from the existence of any right or privilege given expressly by the Residential Community Documents; or, (iii) reasonably necessary to effectuate any such right or privilege. 5.21 litigation Matters. The Association and its officers and Directors shall have no obligation, right, or authority, to administer, manage, investigate, report, litigate, arbitrate, mediate or otherwise be involved in any claims or disputes asserted, or which might be assertable, by individual Owners against any Declarant, Owner, developer, contractor or other party with regard to alleged construction defects, express or implied construction warranties or similar claims or actions pertaining to any Building or other Improvements constructed in or on any Lot within the Residential Community (Claim). Without limiting the foregoing, the Association shall not be considered a proper party in interest in any such action or proceeding with respect to any Claim. Without limiting the foregoing, the Association shall not be involved directly or indirectly, in organizing, administering, supervising, managing or otherwise soliciting involvement in any class action or litigation in connection with any Claim. Nothing herein contained shall be construed as limiting the rights and obligations of the Association with respect to the assertion of claims with respect to any Improvements located within or upon the Common Element, nor shall it preclude the assertion of any Claims directly by an individual affected Owner of a Lot. Due to the foregoing restriction, neither the Executive Board nor the Association will have any obligation, responsibility or liability to any Owner or Member on account of the existence of any Claims or refusal of the Association or the Executive Board to pursue any such Claims. 5.22 Governance Policies of Executive Board. The Executive Board shall perform the following in its management of the affairs of the Association: 13 (a) Maintain accounting records using generally accepted accounting principles. (b) Adopt rules and regulations concerning collection of assessments, Director's conflicts of interest, conduct of meetings, and enforcement of Declaration, including notice and hearing procedures and schedule of fines. (c) Adopt policy regarding inspection and copying of Association records by Owners or Owner's agents and investment of reserve funds. (d) Adopt procedure for amending rules and regulations. (e) Adopt policy for reimbursement of Directors for attending educational meetings and seminars on responsible governance of associations. ARTICLE VI. DESIGN REVIEW COMMITTEE 6.1 Committee and Guidelines. There is hereby established a Design Review Committee (DRC) which shall be responsible for the establishment and administration of Design Guidelines to facilitate the purposes and intent of this Declaration. The DRC may issue and enforce Design Guidelines applicable to the Residential Community. The DRC may amend, vary, repeal and augment the Design Guidelines from time to time, in the DRC's sole discretion based on concerns for good planning and design, the aesthetic, architectural and environmental harmony of the Residential Community or other factors as necessary or desirable to fulfill the intent of the Design Guidelines and implement the purposes of this Declaration. The Design Guidelines shall be binding on all Owners and other Persons governed by this Declaration. The Design Guidelines may include, among other things, those restrictions and limitations set forth below: (a) Standards establishing and dictating an architectural theme and requirements pertaining to building style and design, construction materials and site planning. (b) Procedures for making application to the DRC for design review approval, including the documents to be submitted and the time limits in which the DRC must act to approve or disapprove any submission. (c) Time limitations for the completion, within specified periods after approval, of the Improvements for which approval is required under the Design Guidelines. (d) Designation of a building site on a Lot, establishing the maximum 14 developable area of a Lot and set-back or view corridor requirements. (e) Minimum and maximum square foot areas of living space that may be developed on any Lot. (f) Limitations on the height of any building or other Improvement. (g) Specifications for the location, dimensions and appearance or screening of any permitted fences, accessory structures, antennae or other such Improvements. (h) Landscaping regulations, including requirements for installing and maintaining landscaping on the entire Lot and, for certain Lots identified in the Design Guidelines, on parkways abutting the Lot and the street or road providing access to the Lot; time limitations within which all landscaping must be completed; limitations and restrictions prohibiting the removal or requiring the replacement of existing trees; and guidelines encouraging the use of plants indigenous to the locale and compatible with the design theme of the Residential Community; and other practices benefiting the protection of the environment, aesthetics and architectural harmony of the Residential Community. Regulations for landscaping shall comply with C.R.S. §37-60-126. (i) Parking is prohibited on the street within the Property due to design width of the street. Parking is permitted only on a Lot or within an enclosed garage. Regulations for parking emergency vehicles shall comply with C.R.S. §38-33.3-106.5. 0) General instructions for the construction, reconstruction, refinishing or alteration of any Improvement, including any plan to excavate, fill or make any other temporary or permanent change in the natural or existing surface contour or drainage or any installation of utility lines or conduits on the Property, addressing matters such as loading areas, waste storage, trash removal, equipment and materials storage, grading, transformers and meters. (k) Designation of front, side or rear entry garages. (1) Use and design of private alleys and street located within the Property. (m) Design, use and installation of raw water irrigation systems to ensure efficient use of water. (n) Construction of animal enclosures and regulations governing the keeping of animals. 6.2 DRC Membership and Orgsni7ationFrror! Bookmark not defined . The DRC shall be composed of not less than three (3) nor more than five (5) Persons. The DRC may include 15 one (1) or more professional design consultants, but need not include any Member of the Association. All members of the DRC shall be appointed, removed and replaced by Declarant, in its sole discretion until such time as Declarant no longer own any Lots within the Residential Community, unless Declarant earlier waives this right by notice to the Association recorded in the office of the Clerk and Recorder of Weld County, Colorado. At such time, the Executive Board shall succeed to Declarant's right to designate the number of and to appoint, remove or replace the members of the DRC. 6.3 Purpose and General Authority. The DRC shall review, study and either approve or reject proposed Improvements on all Lots situated on the Property to ensure compliance with this Declaration and as further set forth in the Design Guidelines and such rules and regulations as the DRC may establish from time to time to govern its proceedings. No Improvement shall be erected, placed, reconstructed, replaced, repaired or otherwise altered, nor shall any construction, repair or reconstruction be commenced until plans for the Improvements shall have been approved by the DRC; provided, however, that Improvements that are completely within a building may be undertaken without such approval. All Improvements shall be constructed only in accordance with approved plans. 6.4 DRC Discretion. The DRC shall exercise its best judgment to see that all Improvements conform and harmonize with any existing structures as to external design, quality and type of construction, seals, materials, color, location on the Lot, height, grade and finished ground elevation, and the schemes and aesthetic considerations set forth in the Design Guidelines and the other Residential Community Documents. The DRC, with the approval of the executive Board, based on concerns for good planning and design, the aesthetic, architectural and environmental interests of the Residential Community, or other factors as necessary or desirable to fulfill the intent of the Design Guidelines, may excuse compliance with such requirements in specific situations and may permit compliance with different or alternative requirements. 6.5 Binding Rffeet. The actions of the DRC in the exercise of its discretion by its approval or disapproval of plans and other information submitted to it, or with respect to any other matter before it, shall be conclusive and binding on all interested parties. 6.6 Organization and Operation of DRC. The organization and operation of the DRC shall conform to the following: (a) Term of Members. The term of office of each member of the DRC shall continue at the pleasure of the appointing authority pursuant to Section 6.2, and run until his successor shall have been appointed. Should a DRC member die, retire or become incapacitated, or in the event of a temporary absence of a member, a successor may be appointed as provided in Section 6.2. (b) Chairman. The chairman of the DRC shall be elected annually from among the members of the DRC by a majority vote of such members. In the absence of a chairman, 16 the members may appoint or elect a successor, or if the absence is temporary, an interim chairman. (c) Conduct of Meeting. The DRC chairman shall take charge of and conduct all meetings and shall provide for reasonable notice to each member of the DRC prior to any meeting. The notice shall set forth the time and place of the meeting, and notice may be waived by any member. (d) Voting. The affirmative vote of a majority of the then serving members of the DRC shall govern its actions and be the act of the DRC. (e) Review of Plans. The DRC shall consider and act upon any and all requests submitted for its approval. The DRC shall approve plans and specifications submitted to it only if it determines that the construction, alteration, and additions contemplated thereby, and in the location as indicated, will comply with this Declaration; will serve to preserve and enhance the values of Lots within the Residential Community; will be consistent with the spirit and intent of this Declaration; and will maintain a harmonious relationship among structures, vegetation, and topography within the Residential Community. The DRC shall consider the quality of workmanship, type of materials, and harmony of exterior design with other dwellings, if any, located within the Residential Community. Should the DRC fail to approve or disapprove the plans and specifications submitted to it by an Owner within thirty (30) days after complete submission of all required documents, the plans shall be resubmitted to the DRC by certified mail, return receipt requested, with a copy to the Declarant, by certified mail, return receipt requested, and, in the event that the DRC fails to approve or disapprove any plans and specifications as herein provided within thirty (30) days after such resubmission to the DRC and Declarant by certified mail, the same shall be deemed to have been approved, as submitted; provided, however, that no building or other structure shall be erected or allowed to remain on any Lot which violates or is inconsistent with any of the covenants or restrictions contained in this Declaration. The issuance of a building permit or license for the construction of improvements inconsistent with this Declaration shall not prevent the Association or any Owner from enforcing the provisions of this Declaration as provided by Section 6.10,below. (0 Expert Consultation. The DRC may avail itself of other technical and professional advice and consultants as it deems appropriate, and the DRC may delegate its plan review responsibilities, except final review and approval, to one (1) or more of its members or to consultants retained by the DRC. Upon that delegation, the approval or disapproval of plans and specifications by such member or consultant shall be equivalent to approval or disapproval by the entire DRC. 6.7 Expenses. Except as provided in this Section, all expenses of the DRC shall be paid by the Association and shall constitute a Common Expense. The DRC shall have the right to charge a fee for each application submitted to it for review, in an amount which may be established 17 by the DRC from time to time, and such fees shall be collected by the DRC and remitted to the Association to help defray the expenses of the DRC's operation. The members of the DRC shall not be entitled to any compensation for services performed pursuant to these Covenants. 6.8 Other Requirements. Compliance with the Residential Community design review process is not a substitute for compliance with County building, zoning and subdivision regulations, and each Owner is responsible for obtaining all approvals, licenses, and permits as may be required prior to commencing construction of Improvements. 6.9 Limitation of T.iabilityFrrnr! Bookmark not defined . The DRC shall use reasonable judgment in accepting or disapproving all plans and specifications submitted to it. Neither the DRC nor any individual DRC member shall be liable to any Person for any official act of the DRC in connection with submitted plans and specifications, except to the extent the DRC or any individual DRC member acted with malice or wrongful intent. The Association shall not be obligated to indemnify any member of the DRC to the extent any such member of the DRC is adjudged to be liable for acting with malice or wrongful intent in the performance of his duty as a member of the DRC, unless and then only to the extent that the court in which such action or suit may be brought determines that in view of all circumstances of the case, such Person is fairly and reasonably entitled to indemnification for such expense as such court shall deem proper. 6.10 Enforcement. The DRC shall conform to the following in the performance of its duties and responsibilities: Error! Bookmark not defined.(a) Inspection. Any member or authorized consultant of the DRC, or any authorized officer, Director, employee or agent of the Association may enter upon any Lot at any reasonable time after notice to the Owner, without being deemed guilty of trespass, in order to inspect Improvements constructed or under construction on the Lot to determine whether the Improvements have been or are being built in compliance with the Residential Community Documents and the plans and specifications approved by the Design Review Committee. (b) Completion of Construction. Before any Improvements on a Lot may be occupied, the Owner of the Lot shall be required to obtain a temporary certificate of compliance issued by the DRC indicating substantial completion of the Improvements in accordance with the plans and specifications approved by the DRC, and imposing such conditions for issuance of a final certificate of compliance as the DRC may determine appropriate in its reasonable discretion. Without limiting the generality of the preceding sentence, the DRC may require, as a condition to the issuance of the temporary certificate of compliance, that the Owner deposit with the DRC such sums as may be necessary to complete the landscaping on the Lot by a specified date. If the landscaping is not completed as scheduled, the DRC may apply the deposit to cover the cost of completing the work and enforce such other remedies as are available to the Association for the failure of the Owner to comply with this Declaration. 18 (c) Certificate of Compliance. Upon payment of a reasonable fee established from time to time by the Design Review Committee, and upon written request of any Owner or his agent, an existing or prospective Security Interest Holder, or a prospective grantee, the Design Review Committee shall issue an acknowledged certificate, in recordable form, setting forth generally whether, to the best of the Design Review Committee's knowledge, the improvements on a particular Lot are in compliance with the terms and conditions of the Design Guidelines. (d) Deemed Nuisances. Every violation of this Declaration is hereby declared to be and to constitute a nuisance, and every public or private remedy allowed for such violation by law or equity against a Member shall be applicable. Without limiting the generality of the foregoing, this Declaration may be enforced as provided below. (i) Fines for Violations. The DRC may adopt a schedule of fines for failure to abide by the DRC rules and the Design Guidelines, including fines for failure to obtain any required approval from the DRC. (ii) Removal of Nonconforming Tmprovements with Court Order. The Association, upon request of the DRC and after first obtaining a court order from a Colorado court having jurisdiction thereof, may enter upon any Lot and remove any Improvement constructed, reconstructed, refinished, altered or maintained in violation of this Declaration. The Owner of the Improvement shall immediately reimburse the Association for all expenses incurred in connection with such removal. If the Owner fails to reimburse the Association within thirty(30) days after the Association gives the Owner notice of the expenses, the sum owed to the Association shall bear interest at the Default Rate from the date of the advance by the Association through the date of reimbursement in full, and all such sums and interest shall be a Default Assessment enforceable as provided in Article VIII. 6.11 Reconstruction of Common Element. The reconstruction by the Association after destruction by casualty or otherwise of any Common Element that is accomplished in substantial compliance with "as built" plans for such Common Element shall not require compliance with the provisions of this Article or the Design Guidelines. 6.12 Variances. The DRC may authorize variances from compliance with any provisions of this Declaration when circumstances such as natural obstructions, hardships, aesthetics or environmental considerations may require. Such variances must be evidenced in writing and shall become effective when signed by at least a majority of the members of the DRC. If any such variance is granted, no violation of the provisions of this Declaration shall be deemed to have occurred with respect to the matter for which the variance was granted; provided, however, that the granting of the variance shall not operate to waive any provisions of this Declaration for any 19 purpose except as to the particular property and the particular provision hereof covered by the variance, nor shall the granting of a variance affect in any way the Owner's obligation to comply with all governmental laws and regulations affecting the property concerned, including, but not limited to, zoning ordinances and setback lines or requirements imposed by any governmental authority having jurisdiction. 6.13 Color. All dwellings and other structures constructed on any Lot shall be stained or painted in such colors as are approved in writing by the Declarant (for a period of ten (10) years from the date of the recording of this Declaration) or thereafter by the DRC. 6.14 Address Signage. Each dwelling within the Residential Community shall have an address sign/house number affixed, of a design and at a location established and/or approved by the DRC,which shall at all times endeavor to maintain uniformity of such signage. 6.15 Fences. Any fence to be constructed on a Lot must be approved by the DRC. All fences shall be constructed of materials acceptable to the DRC, and shall conform in all respects to the standard subdivision design as adopted from time to time by the DRC. The DRC shall provide the fence detail information to any Owner requesting such information. This Section shall not apply to entrance or "monument" fencing, or to entrance signage or to other signage that may or may not actually be incorporated into fencing, but that may be located on, adjacent to or in the vicinity of fencing. The DRC shall also designate those areas in which common fencing shall be required and the height, type and style of such common fencing. 6.16 Mailboxes. All mailboxes must be approved by the DRC. Mailboxes shall be constructed of materials acceptable to the DRC, and shall conform in all respects to the standard subdivision design as adopted from time to time by the DRC. The Declarant and Association shall have authority to establish a system of centrally located mailboxes and to prohibit use of individually owned, private mailboxes at any time. 6.17 Subdivision. No Lot may be further subdivided without the approval of the Executive Board of the Association, which approval shall be within its sole discretion. This provision shall not be construed to prohibit or prevent the dedication or conveyance of any portion of a Lot as an easement for public utilities. ARTICLE VII. PROPFRTY 1 JSF. RF.STRJCTTONS 7.1 General Restriction. The Property shall be used only for the purposes set forth in this Declaration, as permitted by the applicable ordinances of the County, and the laws of the State of Colorado and the United States, and as set forth in the Residential Community Documents or other specific recorded covenants affecting all or any part of the Property. 20 7.2 Residential T Tse of Tots. Each Lot may be used only for residential purposes and developed by the construction of a single-family residence. No business or commercial building may be erected on any Lot, and no business or commercial enterprise or other non-residential use may be conducted on any part of a Lot, except as provided in Section 7.3, below. 7.3 Home Occupations. The conduct of a home occupation on a Lot within the Residential Community shall be considered accessory to the residential use of the Lot and not a violation of this Declaration,provided that the following requirements are met: (a) Such home occupation shall be conducted only within the interior of the dwelling located on such Lot and shall not occupy more than fifteen percent (15%) of the total finished area within the dwelling. (b) No signs or advertising devices of any nature whatsoever shall be erected or maintained on any Lot with respect to such home occupation, except those approved in writing by the DRC. (c) Any trade or business conducted on a Lot shall be conducted only by the residents thereof. (d) No noise or offensive activities shall be conducted on any Lot and no Lot shall be used, in whole or in part, for the storage of any property or thing that will cause the Lot to appear in an unclean or untidy condition or that will create an eyesore. (e) No substance, thing or material which emits foul or obnoxious odors, or causes any noise that might disturb the peace, quiet, comfort or serenity of the occupants of the surrounding Lots shall be permitted on a Lot. (f) No trade or occupation shall be conducted from a Lot unless one (1) or more of the Owners of such Lot reside within the dwelling on such Lot, and any such trade or occupation shall cease and terminate when the Owner(s) of such Lot ceases to reside thereon. (g) No retail sales shall be conducted on any Lot and no customer parking shall be allowed. (h) There shall be no evidence of a home occupation visible from the outside of a dwelling. (i) Not more than four (4) additional vehicular trips shall be allowed each day on or to any Lot for deliveries or pick ups in connection with such trade or business, including deliveries or pick ups by commercial delivery services, such as Federal Express and United Parcel Service, and further provided that no such vehicle shall remain at the Lot 21 for a period in excess of fifteen minutes per trip. 7.4 Household Pets and T Avestock. No household pets, livestock, birds, reptiles, or animals (collectively "Animals") of any kind may be raised, bred or kept on any portion of the Residential Community, except as provided by this Section: (a) A reasonable number of dogs, cats and other household pets owned by an Owner, such Owner's family, or tenant, may be kept, provided that they are not kept, bred or maintained for any commercial purpose. The Executive Board may adopt rules and regulations regarding the maintenance of animals upon the Property, including the maximum number and size thereof. (b) A maximum of one (1)horse per one-half(1/2) acre of enclosure or corral or one (1) acre of Lot, whichever is less, may be permitted to be kept and maintained on a Lot. (i.e. A Lot consisting of 3.0 acres with an enclosure of 2.0 acres may keep and maintain 3 horses only) (c) 4-H animals shall not be permitted on any Lot. 4-H animals shall include donkeys, burros, cattle, pigs, sheep, goats, alpacas, llamas, and similar animals. Neither shall, fowl, such as chickens, geese, turkeys, emus, or ostriches, and similar animals be permitted. (c) Any equine offspring will not be considered in determining the total number of horses on a Lot until such offspring attains one (1) year of age. (d) No Lot shall be overgrazed, and the grazing of horses shall not change the character of the Lot. "Overgrazing," as used herein, is the continued heavy grazing during active growth that is both severe and frequent which exceeds the recovery capacity of the plant community and creates a deteriorated range. Grazing shall be limited to an intensity level that will maintain enough cover to protect the soil and maintain or improve the quality and quantity of desirable vegetation. The Owner of any Lot on which grazing occurs must purchase and convey one-half (1/2) share of North Poudre Irrigation Water or an acceptable equivalent to the Association for use on the Owner's Lot during summer months or as the water is available for irrigation. (e) No animals may be boarded, kept, bred, used, or maintained on any Lot for any commercial purpose, including, by example and not limitation, horseback riding lessons. (f) In the event a household pet or livestock shall constitute a nuisance or inconvenience to a resident of the Property, or if the area where the animals are maintained is unsightly, unclean, in disrepair, or is a hazard to health and welfare of a resident or other animals of the Property, then the Executive Board shall have the 22 obligation to direct that the animal be permanently removed from the Property. (g) Animals shall not be allowed to run at large within the Property, but shall be at all times on a leash or other immediate control of its owner. It shall be the duty of the Executive Board, or its representative, to notify the County Animal Control Authority of animals found at large on the Property in violation of County Ordinances or this Declaration. (h) All animals kept shall have current inoculations as required by Weld County or the State of Colorado and good veterinary practice. Because of the sensitive nature involved in controlling noise, nuisance and care of animals when viewed from the perspective of adjoining Owners, all control and decisions relating to the enforcement and retention of animals on any Lot in the Development shall reside in the absolute control and authority of the Design Review Committee. (i) Costs of enforcement of this Section, including reasonable attorney's fees, shall be assessed against the Owner of the Lot on which such animal is kept, as a Default Assessment to which the Owner's Lot is subject. Any such Default Assessment shall not be subject to a maximum assessment limitation of any kind. 7.5 Pet Rims and Animal Fnclosures. No pet run, animal enclosure, corral, or other fenced-in areas or structure for the keeping, maintenance, containment, or shelter of household pets or livestock shall be permitted upon any Lot without the prior written approval of the DRC. In considering whether to approve any such pet run, animal enclosure, coral, or other fenced-in areas or structure, the DRC shall consider the location, size, concealment, proximity to surrounding structures and adjacent Lots, proposed building materials, aesthetic appeal and harmony of exterior design in relation to surrounding structures. No pet run, animal enclosure, corral, fenced-in areas, structure, invisible fence or similar restraints shall be installed within or encroach upon any portion of the Common Element. 7.6 Signage. No signs or advertising of any character shall be erected, placed or permitted or maintained within the Residential Community unless the Executive Board or the DRC has given consent to the same in writing. This provision shall not apply to permanent signs identifying the Residential Community which are installed by the Declarant as part of the development of the Residential Community, nor shall this provision preclude Declarant or its agents, as long as Declarant are the Owners of any Lot within the Residential Community, from placing such signs as Declarant deem appropriate, without limitation on size or location, offering the Property or Lots for sale. The Executive Board may adopt rules and regulations permitting signs advertising Lots for sale at such location and of such character as the Board shall designate, provided that in no event shall individual Lot Owners be entitled to place advertising signs on the Common Element, nor shall any such Lot Owner be allowed to use more than one (1) sign to advertise such Owner's Lot for sale. 23 7.7 Teases. No lease of a Lot or dwelling thereon shall be for a period of less than six (6) months and every lease shall be in writing. The written lease shall contain provisions requiring that the tenant comply with all provisions of this Declaration and the other Residential Community Documents. The Board may require that all leases be submitted to it for approval before the lease will be effective and that all tenants meet with a Person designated by the Board to review the requirements of the Declaration and other Residential Community Documents. The Association shall have the power to enforce the provisions of the Declaration and the other Residential Community Documents against any tenant regardless of the provisions of a lease. The Association shall have the power to levy fines and Assessments against a tenant based on such tenant's actions, the same as it would have against a Lot Owner. 7.8 Storag-. of Inoperative Vehicles. Inoperative vehicles shall not be stored, parked or permitted to remain upon or adjacent to a Lot, except within a fully enclosed garage on the Lot. For purposes of this provision, any disassembled or partially disassembled car or other vehicle or any car or other vehicle which is not capable of moving under its own propulsion, or is not so moved, for two (2) consecutive days shall be considered an "inoperative vehicle" subject to the terms of this Section 7.8. 7.9 Repair. No activities such as, but not necessarily limited to, maintenance, repair, rebuilding, dismantling, repainting or servicing of any kind of vehicle, trailer or boat may be performed on any Lot unless performed entirely within a completely enclosed garage attached or associated with the dwelling located on such Lot. Without limiting the foregoing, no such activity shall be performed upon any of the Common Element. The foregoing restrictions shall not be deemed to prevent washing and/or polishing of any motor vehicle. 7.10 Parking. No trailer, motor home, bus, camper, commercial-type vehicle, truck, commercial van, vehicle-mounted camper, whether chassis or slide-in, or pick-up coach,tent trailer, boat, truck trailer, machine, tractor, semi-tractor, tractor trailer, all terrain vehicles, motorcycles, or similar vehicles or equipment, shall be parked, placed, erected, maintained or constructed on any Lot or the Common Element for any purpose. Trucks, vans, trailers, campers, motor homes, pick- up coaches, tents or boats which can be and are stored completely within an enclosed garage and are not used for living purposes will not be in violation of these restrictions. Furthermore, no parking shall be permitted within the private driveways or alleys except in areas specifically designated for that purpose by Declarant or the Association; parking shall be permitted only on those portions of the Common Element, if any, specifically designated for such purpose by this Declaration or by the Association, for such purpose. 7.11 Trash. All Owners shall maintain their Lots in a clean and well-maintained condition. No storage of trash will be permitted in or outside on any Lot in a manner which may permit the spread of fire, odors, seepage or encouragement of vermin. All equipment, garbage cans, service yards, woodpiles or storage piles shall be kept screened by adequate planting or fencing so as to conceal them from view of neighboring Lots and the street. All rubbish, trash, garbage or other unsightly items must be deposited in locations in containers on Lots approved or provided by 24 the Association. The Association may adopt rules and regulations further defining the deposit of rubbish, trash or garbage and other matters related thereto. Without limiting the foregoing, the Association, acting through the Board, shall have the right to require that the trash collection within the Residential Community be performed by one (1) company and that trash collected from all Lots by such company be on the same day of each week. Unless the Board expressly adopts a resolution to the contrary, such cost of trash collection shall be a Common Expense. In the event the Association so elects, all Owners shall make use of the trash collection service provided or contracted for by the Association. This Section shall not apply to a contractor during construction of a dwelling or other improvements within the Residential Community. Such contractor may dispose of trash, rubbish, debris and other construction materials either Personally or by contracting with a trash collection company. 7.12 Screens, Awnings, Flags and Other Accessories. No pool cabanas, guest houses, gazebos, greenhouses, decks, screens, storm doors, awnings, flags, clothes lines, basketball goals (whether attached or movable) and similar exterior accessories shall be installed or used on or about any Lot without the prior written approval of the DRC. In considering whether to approve any such accessory, the DRC shall consider the location, size, visual impact on the Lot and proximity to adjacent Lots, aesthetic appeal and harmony of exterior design in relation to surrounding structures. Use or installation of any such accessory shall also be subject to such rules and regulations as may be adopted by the Association from time to time. In any event, if any such accessories are permitted by the DRC and the Association, the Owner installing same on its Lot shall be responsible to fully and properly maintain such accessories at all times. 7.13 Storage. No tanks for the storage of gas, fuel, oil, chemicals or other matter shall be erected, placed or permitted above the surface on any Lot. No detached storage buildings, service yards, woodpiles or storage areas shall be permitted on any Lot without the approval of the DRC, which may require enclosure or screening, such as privacy fences, landscaping or berming, to conceal such area from the view of neighboring Lots. 7.14 Antennae or Electrical or Cooling Devices. No exterior television antenna, radio antenna or satellite transmitting or receiving devices shall be placed, allowed or maintained upon any portion of any dwelling or other structure located upon a Lot or any other portion of the Property without the express written consent of the Association or the DRC. In addition, no electronic devices or systems causing unreasonable electrical interference with radio or television receivers located within a dwelling upon any Lot shall be placed or maintained on any Lot. Notwithstanding the foregoing, a single satellite dish with horizontal elements not in excess of eighteen (18) inches in diameter will be allowed on a Lot, provided the Owner screens, conceals, installs the satellite dish below the level of the peak of the roofline, or otherwise minimizes the visual impact of the satellite dish to the extent feasible. No air conditioners shall be mounted on the exterior of any dwelling. The DRC may grant relief from the provisions of this Section for good cause shown. 7.15 Electrical, Television,Natural Gas and Telephone Service. All electrical, television, 25 natural gas and telephone service installations shall be placed underground. 7.16 Water and Sanitation. Each structure designed for occupancy shall connect with public water and sanitation sewer facilities within five years of such services being made available at the boundary of the Property by the County or any other approved utility supplier. Until sanitation facilities are made available the County or any other approved utility supplier, all structures designed for occupancy shall be connected to and served by a fully functional, private septic system that meets at all times the codes of the governmental entities having jurisdiction of said system. 7.17 WellsError! Bookmark not defined . All water wells shall be located on the Lot that is served by the well. Water wells shall be maintained and operated in a manner that will protect ground and surface waters from any contamination whether biological and/or chemical. All water wells shall be constructed and operated using current best practices. All required approval from appropriate governmental authorities shall first be obtained by Owners before constructing and operating any water well. No well from which oil, or gas is produced shall be dug, nor shall storage tanks, reservoirs, or any installation of power, telephone or other utility lines (wire, pipe, or conduit) be made or operated anywhere on the Property except in connection with a public agency or duly certified public utility companies; provided, however, that the foregoing shall not prevent the drilling of or installation of water wells by the Association, or the Declarant or its assigns, provided further that all required approval from appropriate governmental authorities shall first be obtained. 7.18 Temporary Structures. No temporary structures shall be permitted except as may be determined to be necessary during construction and as specifically authorized by the DRC, and except as necessary for the exercise by Declarant of the Special Declarant Rights. 7.19 Outside Burning. There shall be no exterior fires, except barbecues, outside fireplaces and braziers contained within facilities or receptacles and in areas designated and approved by the DRC. Incinerators and incinerator fires are prohibited. No Owner shall permit any condition upon its portion of the Property that creates a fire hazard or is in violation of fire prevention regulations. 7.20 Noise. No exterior horns, whistles, bells or other sound devices, except security devices used exclusively to protect the security of the Property or Improvements, shall be placed or used on any portion of the Property. 7.21 Lighting. All exterior lighting of the Improvements and grounds on the Property shall be subject to regulation by the Design Review Committee. 7.22 Nuisances. No obnoxious or offensive activity shall be carried on upon any Lot or the Common Element, nor shall anything be done thereon which may be, or may become, an 26 annoyance or nuisance to any other Owner. Nothing contained herein shall be construed as prohibiting or restricting construction activities by Declarant at any time, seven(7) days per week. 7.23 [Ise of Facilities. The common facilities provided by the Residential Association for the use and benefit of Owners of Lots within the Residential Community shall be subject to such reasonable rules and regulations as may be adopted from time to time by the Association. No Owner or such Owner's family members or guests, invitees or tenants shall engage in any activity which violates any such rules and regulations. 7.24 Enforcement. The Association may take such action as it deems advisable to enforce this Declaration as provided in this Declaration. In addition, the Association and the Design Review Committee shall have a right of entry on any part of the Property for the purposes of enforcing this Article, and any costs incurred by the Association or the Design Review Committee in connection with such enforcement which remain unpaid thirty(30) days after the Association has given notice of the cost to the Owner and otherwise complied with the Act shall be subject to interest at the Default Rate from the date of the advance by the Association or the Design Review Committee through the date of payment in full by the Owner, and shall be treated as a Default Assessment enforceable as provided in Article X. ARTICLE VIII. MAINTFNANCF 8.1 Owner's Responsibility for T.ot. Except as provided in the Residential Community Documents or by written agreement with the Association, all maintenance of a Lot and the Improvements located thereon shall be the sole responsibility of the Owner of the Lot. Each Owner shall maintain his Lot and Improvements in accordance with the community-wide standards of the Residential Community. The Association may, in the discretion of the Board, assume the maintenance responsibilities of such Owner if, in the opinion of the Board, the level and quality of maintenance being provided by such Owner does not satisfy such standards. Before assuming the maintenance responsibilities, the Board shall notify the Owner in writing of its intention to do so, and if the Owner has not commenced and diligently pursued remedial action within thirty(30) days after the mailing of such written notice, then the Association may proceed. The expenses of the maintenance by the Board shall be reimbursed to the Association by the Owner within thirty (30) days after the Association notifies the Owner of the amount due, and any sum not reimbursed within that thirty (30) day period shall bear interest at the Default Rate from the date of the expenditure until payment in full. Such charges shall be a Default Assessment enforceable as provided in Article X. 8.2 Owner's Negligence. If the need for maintenance, repair or replacement of any portion of the Common Element (including Improvements located on it) arises because of the negligent or willful act or omission of an Owner or his family member, guest, invitee or tenant, then the expenses incurred by the Association for the maintenance, repair or replacement shall be a Personal obligation of that Owner. If the Owner fails to repay the expenses incurred by the 27 Association within thirty (30) days after the notice to the Owner of the amount owed, then those expenses shall bear interest at the Default Rate from the date of the advance by the Association until payment by the responsible Owner in full, and all such expenses and interest shall become a Default Assessment enforceable as provided in Article X. 8.3 Association's Easement to Perform Work. The Association shall have an easement across each Lot permitting the Association, its employees, agents, and independent contractors, to enter upon the Lot as reasonably necessary in order to perform the work to be performed on the Lot by the Association pursuant to this Declaration. All Persons performing such work shall use their best efforts to minimize interference with the Owner's use and enjoyment of the Lot when performing such work. ARTICLE IX. PROPERTY RIGHTS TN COMMON ET.E.MENT 9.1 Dedication of Common Element. Declarant hereby dedicate the Common Element to the common use and enjoyment of the Owners, as hereinafter provided. 9.2 Owners' Easements of Enjoyment. Every Owner shall have a right and easement of enjoyment in and to the Common Element and such easement shall be appurtenant to and shall pass with title to every Lot, subject to the following provisions: (a) The right of the Association to promulgate and publish reasonable Rules and Regulations as provided in the respective Declaration. (b) The right of the Association to suspend rights to use the Common Element by an Owner for any period during which any Assessment against the Owner's Lot remains unpaid to the Association and for a period not to exceed sixty(60) days for any infraction of the Association's published rules and regulations. (c) The right of the Association acting through the Executive Board, to dedicate or transfer all or any part of the Common Element to any municipality, county, state or public entity or utility for such purposes and subject to such conditions as may be agreed to by the Members; provided that no such dedication or transfer shall be effective unless the Members entitled to cast at least sixty-seven percent (67%) of the votes of the Association agree to such dedication, transfer, purpose, and condition, and unless written notice of the proposed agreement and action is sent to every Member at least thirty(30) days in advance of any action taken by the Executive Board; and provided further that the granting of easements for public utilities or for other public purposes consistent with the intended use of the Common Element shall not be deemed a transfer within the meaning of this clause. (d) The right of the Association to close or limit use of the Common Element while maintaining, repairing and making replacements in the Common Element. 28 9.3 Delegation of T Ise. Any Owner may delegate, in accordance with the Bylaws, the Owner's right of enjoyment to the Common Element and facilities to the members of his or her family, tenants, employees, guests or invitees who reside on or lawfully occupy the Owner's Lot. 9.4 Easements for T Jtilities Tnfrastnictnre and Access. Declarant reserves for itself and its successors and assigns and hereby grants to the Association, acting through the Executive Board, the concurrent right to administer and enforce, by Declaration or otherwise, easements over, upon, and under the Common Element shown on the final plat for Sorrel Ridge P.U.D. 9.5 utilities. There is created within the final plat for Sorrel Ridge P.U.D. certain easements over, upon, and under the Common Element for installation, operation, replacement, repair and maintenance of utility lines and/or facilities, subject to strict compliance with the following conditions by the Person installing, or upon completion of installation, owning or providing the utility service: (a) Written notice to the Declarant of the planned installation with a copy of the plans showing the location and installation of the lines and facilities attached. (b) Compliance with all requirements and instructions of the Declarant concerning the proposed installation in order to eliminate or minimize disruption, damages, or interference with existing utilities and ensure an orderly, efficient occupancy of easements. (c) Upon completion of the installation of lines and facilities, a complete set of as- built drawings shall be delivered to the Declarant in addition to those required by any public entity. Notwithstanding the foregoing provisions, the Declarant reserves the right to require any Person intending to install utility lines and/or facilities over, upon, or under the Common Element to obtain a specific easement for the applicant's occupancy prior to commencement of installation. 9.6 Fmergency Access Fasement. A general easement is hereby granted to all police, sheriff, fire protection, ambulance, and all other similar emergency and public safety agencies or services to enter upon the Common Element in the lawful and proper performance of their duties. 9.7 Declarant' Rights Incident to Constriction . Declarant, for itself and its successors and assigns, hereby retains a right and easement of ingress and egress over, upon, and under the Common Element and the right to store materials thereon and to make such other use thereof as may be reasonably necessary or incident to the construction of the Improvements in Sorrel Ridge P.U.D. or other real property owned by Declarant; provided that no such rights shall be exercised by Declarant in such a way as to unreasonably interfere with the occupancy, use, enjoyment, or access to an Owner's Lot by that Owner or his family, tenants, employees, guests, or invitees. 29 ARTICLE X. COVENANT FOR MAINTENANCE ASSESSMENTS 10.1 Creation of the Lien and Personal Obligation for Assessments. Declarant, for each Lot owned within the Property, hereby covenants, and each Owner of any Lot, by acceptance of a deed therefore, whether or not it shall be so expressed in any such deed, are deemed to covenant and agree to pay to the Association: (a) Annual Assessments or charges as provided in this Declaration to generally carry out the functions of the Association. (b) Special Assessments for capital Improvements and other purposes as stated in this Declaration, such Annual and Special Assessments to be fixed, established, and collected from time to time as provided below. (c) Default Assessments which may be assessed against a Lot pursuant to the Residential Community Documents for the Owner's failure to perform an obligation under the Residential Community Documents or because the Association has incurred an expense on behalf of the Owner under the Residential Community Documents. The Annual, Special, and Default Assessments, together with Fines, interest, costs, and reasonable attorneys' (and legal assistants') fees and other charges allowed under the Act, shall be a charge on the land and shall be a continuing lien upon the Lot against which each such Assessment is made until paid. Each such Assessment, together with Fines, interest, costs, and reasonable attorneys' fees and other charges allowed under the Act, shall also be the Personal obligation of the Owner of such Lot as of the time the Assessment falls due, and two (2) or more Owners of a Lot shall be jointly and severally liable for such obligations. 10.2 Purpose of Assessments. The Assessments levied by the Association shall be used exclusively to improve and maintain the Common Element (or Property outside of the Residential Community if such action might enhance Property values within the Residential Community or otherwise further the purpose and intent of this Declaration) by actions including, but not limited to, the payment of taxes and insurance on the Common Element; payment for operation, maintenance, repair, replacement, and additions to any other Improvements on the Common Element; establishment of reserve accounts; payment of the cost of labor, equipment, materials, management, and supervision, and the salary or fee of the Manager. 10.3 Calculation and Apportionment of Assessments and Expenses. The Executive Board shall prepare a budget before the closing of each fiscal year of the Association and submit the budget to the Association. Annual Assessments for Common Expenses shall be based upon 30 the estimated net cash flow for the Association to cover items including, without limitation, the cost of routine maintenance, repair and operation of the Common Element; expenses of management; premiums for insurance coverage required by law or deemed prudent or necessary by the Board; snow removal, Landscaping, care of grounds and common lighting within the Common Element; routine renovations within the Common Element; wages; common water and utility charges for the Common Element; legal and accounting fees; management fees; taxes and capital Improvements; 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 supplementing of the Association's funds for general, routine maintenance, repairs and replacement of Improvements within the Common Element on a periodic basis, as needed; the creation of reasonable contingency reserves, working capital and/or sinking funds; and any other costs, expenses and fees, which may be incurred or may reasonably be expected to be incurred by the Association for the benefit of the Owners under or by reason of this Declaration. Each Owner shall be responsible for that Owner's share of the Common Expenses based on the Owner's Membership Interest as defined. Notwithstanding the preceding sentence, any Common Expenses or portion thereof benefiting fewer than all of the Lots shall be assessed exclusively against the Lots benefited. Further, the costs of insurance may be assessed in proportion to risk, and the costs of utilities may be assessed in proportion to usage. 10.4 Special Assessments. In addition to the Annual Assessments authorized by Sections 10.1 and 10.3, above, the Executive Board may levy in any fiscal year one (1) or more Special Assessments, applicable to that year only, for the purpose of defraying, in whole or in part, the cost of any construction or reconstruction, repair or replacement of a described capital Improvement upon the Common Element, including the necessary fixtures and Personal Property related thereto, or, after adopting and submitting a revised budget to the Association, to make up any shortfall in the current year's budget. If any of the Special Assessments levied pursuant to this Section shall be used for the construction of new facilities (as opposed to repair and reconstruction of existing facilities) in the Residential Community and if the total amount of Special Assessments levied for such construction exceeds twenty-five percent (25%) of the gross annual budget for the Association for that year, then the use of Special Assessments for such construction shall require the approval of the Owners representing at least sixty-seven percent (67%) of the votes of the Association Membership. 10.5 Uniform Rate of Assessment. Both Annual Assessments and Special Assessments must be fixed at a uniform rate for each type of Lot classified by type of use or other distinguishing characteristics, but the basis and rate of Assessments for each type of use or other characterization may be varied as provided in this Section. 10.6 Common Expenses Attributable to Fewer than All Lots. Common Expenses attributable to fewer than all the Lots shall be subject to the following: 31 (a) An Assessment to pay a judgment against the Association may be made only against the Lots in the Residential Community at the time the judgment was entered, in proportion to their respective liabilities for Common Expenses. (b) If a Common Expense is caused by the misconduct of an Owner, the Association may assess that expense exclusively against that Owner's Lot. c) Fees, charges, taxes, impositions, late charges, Fines, collection costs and interest charged against an Owner pursuant to this Declaration, or the Residential Community Documents are enforceable as Common Expense Assessments. (d) Any Common Expense or portion thereof benefiting fewer than all of the Lots must be assessed exclusively against all the Lots benefited in the proportions determined by the Board after considering the relative size and value that the Lots being benefited bear to all Lots benefited. 10.7 Date of Commencement of Annual Assessments and Payment Period. The Annual Assessments shall commence as to all Lots situated on the Property and Expansion Property that has been transferred to an Owner other than the Declarant no later than thirty (30) days after the date of the conveyance by Declarant of a Lot to said Owner. The first Annual Assessment shall be prorated according to the number of months remaining in the calendar year. 10.8 Collection. Assessments shall be collected on a periodic basis as the Executive Board may determine from time to time, but until the Board directs otherwise, Assessments shall be payable monthly in advance on the first day of each calendar month. The omission or failure of the Association to fix Assessments for any Assessment period will not be deemed a waiver, modification, or release of the Owners from their obligation to pay the same. 10.9 Default Assessments. All monetary Fines, penalties, interest or other charges or fees assessed against an Owner pursuant to the Residential Community 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 Residential Community Documents and any expense (including, without limitation, attorneys' fees) incurred by the Association as a result of the failure of an Owner to abide by the Residential Community Documents, shall be a Default Assessment and shall become a lien against such Owner's Lot which may be foreclosed or otherwise collected as provided in this Declaration. 10.10 Effect of Nonpayment of Assessment. Any Assessment installment, whether pertaining to Annual, Special, or Default Assessments, which is not paid within thirty (30) days after its due date shall be delinquent. In the event that an Assessment installment becomes delinquent or in the event any Default Assessment is established under this Declaration, the Association, in its sole discretion, may take any or all of the following actions: 32 (a) Assess a late charge for each delinquency at uniform rates set by the Executive Board from time to time. (b) Assess an interest charge from the date of delinquency at the Default Rate, which rate shall be the maximum rate allowed by law. (c) Suspend the voting rights of the Owner during any period of delinquency. (d) Accelerate all remaining Assessment installments for the fiscal year in question so that unpaid Assessments for the remainder of the fiscal year shall be due and payable at once. (e) Bring an action at law against any Owner Personally obligated to pay the delinquent installments. (f) File a statement of lien with respect of the Lot, and foreclose as set forth in more detail below. The remedies provided under this Declaration shall not be exclusive, and the Association may enforce any other remedies to collect delinquent Assessments as may be provided by law. Any Assessment chargeable to a Lot shall constitute a lien on the Lot, effective the due date of the Assessment. To evidence the lien, the Association may, but shall not be obligated to, prepare a written lien statement with respect to the Lot, setting forth the name of the Owner, the legal description of the Lot, the name of the Association, and the delinquent Assessment amounts then owing. Any such statement shall be duly signed and acknowledged by the President or a Vice President of the Association or by the Manager, and shall be served upon the Owner of the Lot by mail to the address of the Lot or at such other address as the Association may have in its records for the Owner. At least ten (10) days after the Association mails the statement to the Owner, the Association may record the statement in the office of the Clerk and Recorder of Weld County, Colorado. The Association may proceed to foreclose the statement of lien in the same manner as provided for the foreclosure of Mortgages under the statutes of the State of Colorado. In either a Personal action or foreclosure action, the Association shall be entitled to recover as a part of the action, the interest, costs, and reasonable attomeys' fees (including legal assistants' fees) with respect to the action. No Owner may waive or otherwise escape liability for the Assessments provided for in this Declaration by nonuse of the Common Element or by abandonment of his Lot. 10.11 Successor's Liability for Assessment. In addition to the Personal obligation of each Owner to pay all Assessments and the Association's perpetual lien for such Assessments, all successors to the fee simple title of a Lot, except as provided in Section 10.12, below, shall be 33 jointly and severally liable along with the prior Owner or Owners thereof for any and all unpaid Assessments, interest, late charges, costs, expenses, and attorneys' fees and legal assistants' fees against such Lot without prejudice to any such successor's right to recover from any prior Owner any amounts paid by such successor. This liability of a successor shall not be Personal and shall terminate upon termination of such successor's fee simple interest in the Lot. In addition, such successor shall be entitled to rely on the statement of status of Assessments by or on behalf of the Association under Section 10.14, below. 10.12 Waiver of Homestead Exemption: Subordination of the Lien. The lien of the Assessments shall be superior to and prior to any homestead exemption provided now or in the future by any federal law or the laws of the State of Colorado, and to all other liens and encumbrances except the following: (a) Liens and encumbrances recorded before the date of the recording of this Declaration. (b) Liens for real estate taxes and other governmental Assessments or charges duly imposed a Colorado governmental or political subdivision or special taxing district, or any other liens made superior by statute. (c) The lien for all sums unpaid on a first Security Interest perfected before the date on which the Assessment sought to be enforced is levied, including any and all advances made by the first Security Interest Holder and notwithstanding that any of such advances may have been made subsequent to the date of attachment of the Association's lien. A lien under this Section is also prior to all Security Interests to the extent that the Assessments are based on the periodic budget adopted by the Association and which would have become due, in the absence of acceleration, prior to institution of an action to enforce either the Association's lien or a Mortgage, and statutory liens recognized under Colorado law. All other Persons who hold a lien or encumbrance not described in subsections (a) through (c) above, shall be deemed to consent that any such lien or encumbrance shall be subordinate to the Association's future liens for Assessments, interest, late charges, costs, expenses and attorneys' fees, as provided in this Article, whether or not such consent is specifically set forth in the instrument creating any such lien or encumbrance. 10.13 Statement of Status of Assessments. The Association shall furnish to an Owner or his designee or to any Security Interest Holder a statement setting forth the amount of unpaid Assessments then levied against the Lot in which the Owner, designee or Security Interest Holder has an interest. The Association shall deliver the statement Personally or by certified mail, first class postage prepaid, return receipt requested, to the inquiring party within fourteen (14) calendar days after the registered agent of the Association receives the request by Personal 34 delivery or by certified mail, first class postage prepaid, or return receipt requested. The information contained in such statement, when signed by the Treasurer of the Association or the Manager, shall be conclusive upon the Association, the Board, and every Owner as to the Person or Persons to whom such statement is issued and who rely on it in good faith. The Association may charge such fee for this service as it determines to be appropriate from time to time. 10.14 Failure to Assess. The omission or failure of the Board to fix the Assessment amounts or rates or to deliver or mail to each Owner an Assessment notice shall not be deemed a waiver, modification or release of any Owner from the obligation to pay Assessments. In such event, each Owner shall continue to pay Annual Assessments on the same basis as for the last year for which an Assessment was made until a new Assessment is made, at which time any shortfalls in collections may be assessed retroactively by the Association in accordance with any budget procedures as may be required under the Act. ARTICLE XI. DAMAGF OR DFSTRI TCTTON 11.1 Estimate of Damage or Destruction. As soon as practical after an event causing damage to or destruction of any part of the Common Element, the Association shall, unless such damage or destruction shall be minor, obtain an estimate or estimates that it deems reliable and complete of the costs of repair and reconstruction of that part of the Common Element so damaged or destroyed. "Repair and reconstruction" as used in this Article shall mean restoring the damaged or destroyed Improvements to substantially the same condition in which they existed prior to the damage or destruction. 11.2 Repair and Reconstmction. As soon as practical after obtaining estimates, the Association shall diligently pursue to completion the repair and reconstruction of the damaged or destroyed Improvements. As attorney-in-fact for the Owners, the Association may take any and all necessary or appropriate action to effect repair and reconstruction, and no consent or other action by any Owner shall be necessary. Assessments of the Association shall not be abated during the period of insurance adjustments and repair and reconstruction. 11.3 Funds for Repair and Reconstruction. The proceeds received by the Association from any hazard insurance shall be used for the purpose of repair, replacement, and reconstruction. If the proceeds of the insurance are insufficient to pay the estimated or actual cost of such repair and reconstruction, the Association may, pursuant to Article X above, levy, assess, and collect in advance from all Owners, without the necessity of a special vote of the Owners except as provided in Section 10.4, a Special Assessment sufficient to provide finds to pay such estimated or actual costs of repair and reconstruction. Further levies may be made in like manner if the amounts collected prove insufficient to complete the repair and reconstruction. 11.4 Disbursement of Funds for Repair and Reconstruction. The insurance proceeds held by the Association and the amounts received from the Special Assessments provided for in Article 35 X above, constitute a fund for the payment of the costs of repair and reconstruction after casualty. It shall be deemed that the first money disbursed in payment for the costs of repair and reconstruction shall be made from insurance proceeds, and the balance from the Special Assessments. If there is a balance remaining after payment of all costs of such repair and reconstruction, such balance shall be distributed to the Owners in proportion to the contributions each Owner made as a Special Assessment to the Association under Section 10.4, above, or, if no Special Assessments were made, then on the basis of the allocation to the Owners of Common Expenses under Section 10.3, above, first to the Security Interest Holders and then to the Owners, as their interests appear. 11.5 Decision Not to Rebuild. If Owners representing at least sixty-seven percent (67%) of the votes in the Association, including the vote of every Owner of Improvements that will not be restored and including, during the Special Declarant Rights Period, the vote of Declarant, and any other votes required by the Act, agree in writing not to repair and reconstruct and no alternative Improvements are authorized, then and in that event the Property shall be restored to its natural state and maintained as an undeveloped portion of the Common Element by the Association in a neat and attractive condition. Any remaining insurance proceeds shall be distributed in accordance with the Act. 11.6 Damage or Destruction Affecting Lots. In the event of damage or destruction to the Improvements located on any of the Lots, the Owner thereof shall promptly repair and restore the damaged Improvements to their condition prior to such damage or destruction. If such repair or restoration is not commenced within one hundred eighty (180) days from the date of such damage or destruction, or if repair and reconstruction is commenced but then abandoned for a period of more than sixty (60) days, then the Association may, after notice and hearing as provided in the Bylaws, impose a fine accruing at the rate of One Thousand Dollars ($1,000.00) per day or such other rate imposed by the Board in compliance with the Act, charged against the Owner of the Lot until repair and reconstruction is commenced, unless the Owner can prove to the satisfaction of the Association that such failure is due to circumstances beyond the Owner's control. Such fine shall be a Default Assessment and lien against the Lot as provided in Article X, above. ARTICLE XII. CONDEMNATTON 12.1 Rights of Owners. Whenever all or any part of the Common Element shall be taken or conveyed in lieu of and under threat of condemnation by any authority having the power of condemnation or eminent domain, each Owner shall be entitled to notice of the taking, but the Association shall act as attorney-in-fact for all Owners in the proceedings incident to the condemnation proceeding,unless otherwise prohibited by law. 12.2 Partial Condemnation, Distribution of Award; Reconstruction. The award made for such taking shall be payable to the Association as trustee for all Owners to be disbursed as follows: 36 (a) If the taking involves a portion of the Common Element on which Improvements have been constructed, then, unless, within sixty (60) days after such taking, Owners representing at least sixty-seven percent (67%) of the votes in the Association, including, during the Special Declarant Rights Period, the vote of Declarant, shall otherwise agree, the Association shall restore or replace such Improvements so taken on the remaining land included in the Common Element to the extent lands are available therefor, in accordance with plans approved by the Executive Board, the DRC, the County, if required, and any other authority having jurisdiction in such matters. (b) If such Improvements are to be repaired or restored, the provisions in Article XII above regarding the disbursement of funds in respect to casualty damage or destruction which is to be repaired shall apply. (c) If the taking does not involve any Improvements on the Common Element, or if there is a decision made not to repair or restore,or if there are net funds remaining after any such restoration or replacement is completed, then such award or net funds shall be distributed on the basis of the Common Expenses allocated to the Owners under Article XII, above, first to the Security Interest Holders and then to the Owners, as their interests appear. 12.3 Complete Condemnation. If all of the Residential Community is taken, condemned, sold, or otherwise disposed of in lieu of or in avoidance of condemnation, then the regime created by this Declaration shall terminate, and the portion of the condemnation award attributable to the Common Element shall be distributed as provided in Article XII, above. ARTICLE XIII. INS!JR ANCF 13.1 General insurance Provisions. All insurance coverage obtained by the Executive Board shall conform to any minimum requirements of the Act. 13.2 Authority to Purchase. All insurance policies relating to the Common Element shall be purchased by the Executive Board or its duly authorized agent. The Executive Board, the Manager, and Declarant shall not be liable for failure to obtain any coverage required by this Article or for any loss or damage resulting from such failure if such failure is due to the unavailability of such coverage from reputable insurance companies, or if such coverage is available only at demonstrably unreasonable costs. Notwithstanding the foregoing, if the insurance described in Sections 13.3 and 13.4, below, is not reasonably available, or if any policy of such insurance is cancelled or not renewed without a replacement policy having been obtained, the Association promptly shall cause notice of that fact to be hand delivered or otherwise delivered to Owners by such methods as required by the Act. 13.3 Physical Damage Insurance on Common Element. The Association shall obtain insurance for all insurable Improvements, if any, owned by it on the Common Element in an 37 amount equal to the full replacement value (i.e., one hundred percent [100%] of the current "replacement cost" exclusive of land, foundation, excavation, depreciation on personal property, and other items normally excluded from coverage), which shall include all building service equipment and the like, common personal property and supplies, and any fixtures or equipment upon the Common Element. In addition, such policy shall provide the following: (a) Loss or damage by fire and other hazards covered by the standard extended coverage endorsement with the standard "all-risk" endorsement covering sprinkler leakage, debris removal, cost of demolition, vandalism, malicious mischief, windstorm, and water damage. (a) Such other risks as shall customarily be covered with respect to projects similar in construction, location, and use to the Common Element. (c) A waiver of any right of the insurer to repair, rebuild or replace any damage or destruction,if a decision is made pursuant to this Declaration not to do so. (d) The following endorsements (or equivalent): cost of demolition; contingent liability from operation of building laws or codes; increased cost of construction; agreed amount or elimination of co-insurance clause; and inflation guard(if available). (e) The deductible, if any, on any insurance policy purchased by the Executive Board may be treated as a Common Expense payable from Annual Assessments or Special Assessments allocable to all of the Lots or to only some of the Lots, if the claims or damages arise from the negligence of particular Owners (if the repairs benefit only particular Owners), or as an item to be paid from any working capital reserves established by the Executive Board. Except as otherwise set forth in this Article, the maximum deductible amount shall be the lesser of Ten Thousand Dollars ($10,000.00) or one percent (1%) of the policy face amount. Prior to obtaining or renewing any policy of physical damage insurance, the Executive Board shall review or obtain an appraisal of the then current replacement cost of Improvements (exclusive of the land, excavations, foundations and other items normally excluded from such coverage) for the purpose of determining the amount of physical damage insurance to be secured pursuant to this Article. 13.4 Liability Insurance. The Association shall obtain a comprehensive policy of commercial general liability insurance and property damage insurance as provided by the Act with such limits as the Executive Board may from time to time determine, insuring each member of the Executive Board, the Association, the Manager, and the respective employees, agents and all persons acting as agents of the Association against any claims and liability in connection with the ownership, existence, use, operation, maintenance, or management of the Common Element and alleys, sidewalks, street and roads within The Residential Community and any other areas under the 38 control of the Association. Declarant shall be included as an additional insured in Declarant' capacity as an Owner. The Owners shall be included as additional insureds, but only for claims and liabilities arising in connection with the ownership, existence, use, operation, maintenance, or management of the Common Element. Such comprehensive policy of public liability insurance shall include the following: (a) Coverage for contractual liability, liability for non-owned and hired automobiles, and, if applicable, host liquor liability, employer's liability, and such other risks as shall customarily be covered with respect to developments similar to The Residential Community in construction, location, and use. (b) A cross liability endorsement under which the rights of a named insured under the policy shall not be prejudiced with respect to an action against another insured. The Executive Board shall review the coverage and limits at least once every two (2) years, but, generally, the Executive Board shall carry such amounts of insurance usually required by private institutional mortgage lenders on projects similar to The Residential Community, and in no event shall such coverage be less than One Million Dollars ($1,000,000.00) for all claims for bodily injury or property damage arising out of one (1) occurrence. Reasonable amounts of "umbrella" liability insurance in excess of the primary limits shall also be obtained in an amount not less than Two Million Dollars ($2,000,000.00). 13.5 Fidelity Insurance. Fidelity bonds shall be maintained by the Association to protect against dishonest acts on the part of its officers, directors, employees, and all others who handle or are responsible for handling the funds of or administered by the Association. If responsibility for handling funds is delegated to a Manager, such bonds shall be required for the Manager and its officers, employees, and agents, as applicable. Such bonds shall contain waivers by the issuers of all defenses based upon the exclusion of persons serving without compensation from the definition of "employees," or similar terms or expressions. Such bonds shall name the Association as an obligee and cover the maximum funds that will be in the custody of the Association or any management agent at any time while the bond is in force. 13.6 Flood Insurance. If any part of the Improvements, if any, on the Common Element are located in a Special Flood Hazard Area, which is designated A, AE, AH, AO, Al-30, A-99, V, VE or V1-30 on a Flood Insurance Rate Map, the Association shall obtain a policy of flood insurance in an amount equal to one hundred percent (100%) of the insurable value of the Improvements or the maximum coverage available under the appropriate National Flood Insurance Administration program. 13.7 Provisions Common to Physical Damage Insurance, Liability Insurance, Fidelity Insurance and Flood Insurance. Any insurance coverage obtained by the Association under the provisions of this Article above shall be subject to the following provisions and limitations: 39 (a) The named insured under any such policies shall include Declarant, until all of the Lots have been conveyed, and the Association, as attorney-in-fact for the use and benefit of the Owners, or the authorized representative of the Association (including any trustee with whom the Association may enter into an insurance trust agreement, or any successor trustee, each of which is sometimes referred to in this Declaration as the "Insurance Trustee"), who shall have exclusive authority to negotiate losses under such policies. (b) Each Owner shall be an insured person with respect to liability arising out of the Owner's interest in the Common Element or membership in the Association. (c) In no event shall the insurance coverage obtained and maintained pursuant to this Article be brought into contribution with insurance purchased by the Owners or their Security Interest Holders. (d) The policies shall provide that coverage shall not be prejudiced by: any act or neglect of any Owner (including an Owner's family, tenants, servants, agents, invitees, and guests) when such act or neglect is not within the control of the Association; any act or neglect or failure of the Association to comply with any warranty or condition with regard to any portion of The Residential Community over which the Association has no control; or conduct of any kind on the part of an Owner (including the Owner's family, tenants, employees, agents, invitees and guests)) or any Director, officer, employer, or Manager of the Association, without prior demand to the Association and a reasonable opportunity to cure. (e) The policies shall contain the standard mortgagee clause commonly accepted by private institutional mortgage investors in the area in which The Residential Community is located, and provide that coverage may not be cancelled in the middle or at the end of any policy year or other period of coverage or substantially modified or reduced (including cancellation for nonpayment of premiums) without at least thirty(30) days' prior written notice mailed to the Association and to each Person to whom a certificate of insurance has been issued, at their respective last known addresses. (f) The policies shall contain a waiver by the insurer of any right to claim by way of subrogation against Declarant, the Executive Board, the Association, the Manager, and any Owner and their respective agents, employees, or tenants, and in the case of Owners, members of their households, and of any defenses based upon co-insurance. (g) The policies described in Sections 13.3 and 13.4, above, shall provide that any "no other insurance" clause shall expressly exclude individual Owners' policies from its operation so that the physical damage policy or policies purchased by the Executive Board 40 shall be deemed primary coverage, and any individual owners' policies shall be deemed excess coverage. 13.8 Personal liability Insurance of Officers and Directors. To the extent obtainable at reasonable cost, appropriate officers' and directors' personal liability insurance may be obtained by the Association to protect the officers and Directors from personal liability in relation to their duties and responsibilities in acting as such officers and Directors on behalf of the Association. 13.9 Workmen's Compensation Insurance. The Association shall obtain workmen's compensation or similar insurance with respect to its employees, if any, in the amounts and forms as may now or hereafter be required by law. 13.Error! Bookmark not defined.10Other Insurance. The Association may obtain insurance against such other risks, of a similar or dissimilar nature, as it deems prudent and appropriate with respect to the Association's responsibilities and duties. 13.11 Tnsurance Obtained by Owners. No insurance coverage obtained by an Owner covering the Owner's personal property and personal liability shall operate to decrease the amount which the Executive Board, on behalf of all Owners, may realize under any policy maintained by the Executive Board or otherwise affect any insurance coverage obtained by the Association or cause the diminution or termination of that coverage. Any such insurance obtained by an Owner shall include a waiver of the particular insurance company's right of subrogation against the Association and other Owners. ARTICLE XIV. TNDFMNTFTCATTON To the full extent permitted by law, each officer and Member of the Executive Board of the Association shall be and is hereby indemnified by the Members and Owners and the Association against all expenses and liabilities, including attorneys' fees, reasonably incurred by or imposed upon him or her in any proceeding to which he or she may be a party, or in which he or she may become involved, by reason of his or her being or having been an officer or Director on the Executive Board of the Association, or any settlement thereof, whether or not he or she is an officer or a Member of the Executive Board of the Association at the time such expenses are incurred, except in such cases where such officer or Member of the Executive Board is adjudged guilty of willful misfeasance or malfeasance in the performance of his or her duties; provided that in the event of a settlement, the indemnification shall apply only when the Executive Board approves such settlement and reimbursement as being in the best interests of the Association. 41 ARTICLE XV. SPF.CTAT DFCT AR ANT RIGHTS AND ADDITIONAL,RESERVED RIGHTS 15.1 Special Declarant' Rights. Declarant hereby expressly reserves the right, for a period of ten (10) years following the recordation of this Declaration in the Office of the Clerk and Recorder of Weld County, Colorado, to perform the acts and exercise the rights hereinafter specified ("Special Declarant Rights"). The Special Declarant Rights, including development rights, are the following: (a) Control of Association and Executive Board. The right to remove any officer or Member of the Executive Board during the Period of Declarant Control. (b) Completion of Improvements. The right to complete Improvements indicated on Plats filed with Weld County, Colorado, as they may be amended from time to time. (c) Construction and Access Easements. The right to use easements through the Common Element for the purpose of making Improvements and to provide access to all real estate within Sorrel Ridge P.U.D. The right to construct, and complete the construction of Improvements on the Common Element. (d) Merger. The right to merge or consolidate part or all of Sorrel Ridge P.U.D. with another developed property of the same form of Ownership and to merge or consolidate the Association with any association or associations governing all or any part of a common interest community in Sorrel Ridge P.U.D. (e) Annexation of Expansion Property. The right to annex all or part of any Expansion Property to the Property. (f) Creation of T,ots. The right to create Lots and Common Element on the Property, except as otherwise specifically limited in this Declaration. (g) Withdrawal of Property. The right to withdraw real estate, whether contained within the Property initially subject to this Declaration or within the Expansion Property, from the Residential Community. (h) Sales Offices. The right to construct, maintain and/or relocate from time to time, model residences, sales offices, construction offices, management offices, signs advertising the Lots and to conduct sales activities thereon. Such rights shall include, without limitation, the right to install signage, both fixed and movable, flags and flag poles. 42 15.2 Additional Reserved Rights. In addition to the Special Declarant Rights set forth in Section 15.1, above, Declarant also reserves the following additional rights ("Additional Reserved Rights"): (a) TJae Agreements. The right to enter into, establish, execute, amend and otherwise deal with contracts and agreements for the use, lease, repair, maintenance or regulation of the Improvements and other facilities constructed or to be constructed on the Common Element. (b) Colorado Common Interest Ownership Act. The right to amend this Declaration to comply with the requirements of the Colorado Common Interest Ownership Act in the event any provision contained herein does not so comply with the Act. (c) Executive Board Votes and Common Expense Allocations. The right to determine the number of votes of Members on the Executive Board and allocations of Common Expenses to Members as provided by Sections 5.5 and 5.6 above. (d) Allocations Regarding Limited Common Element. The right to allocate specified areas which constitute a part of the Common Element as Limited Common Element for the exclusive use of the Owners of Lots to which the specified areas shall become appurtenant. (e) Right of Amend Declaration. The right to amend this Declaration and any Plat in connection with the exercise of any Development Right or any other Special Declarant Right to the extent permitted by the Act, and Declarant also reserves the additional rights retained for the benefit of Declarant in this Article and in other provisions of this Declaration. 15.3 Order of Exercise of Declarant's Rights Declarant makes no representations and gives no assurances regarding the legal description or the boundaries of any phase of the Expansion Property or the order in which the phases of the Expansion Property may be developed or incorporated into the Residential Community. Further, the fact that Declarant may exercise one (1) or more of Declarant's rights on a portion of the Property, including the Expansion Property, shall not operate to require Declarant to exercise a right with respect to any other portion of the Property. 15.4 Rights Transferable. Any Special Declarant Right or Additional Reserved Right created or reserved under this Article for the benefit of Declarant may be transferred to any Person by an instrument describing the rights transferred and recorded in Weld County, Colorado. Such instrument shall be executed by Declarant and the transferee. 43 ARTICLE XVI. EXPANSION 16.1 Reservation of Right to Expand. Declarant reserves the right to, and the effect of this Declaration shall be expanded, to include all or any part of any and all Lots created within or annexed to Sorrel Ridge P.U.D. as Lots under this Declaration. The consent of the existing Owners or Security Interest Holders shall not be required for any such expansion, and Declarant may proceed with expansion without limitation at its sole option. Declarant shall have the unilateral right to transfer to any other Person this right to expand by an instrument duly recorded. Declarant shall pay all taxes and other governmental assessments relating to the expansion property as long as Declarant owns such property. 16.2 Declaration of Annexation. Any such expansion shall be accomplished automatically,upon recording by the Declarant of a Declaration of Annexation and one (1) or more supplemental Plats describing the real estate sought to be included. Upon recording of a Declaration of Annexation in compliance with the terms of this Declaration, this Declaration shall automatically, and without further documentation, be deemed amended to include the expansion property described in such Declaration of Annexation as being subject to the terms of this Declaration. Upon recordation of a Declaration of Annexation, the definitions used in this Declaration shall be expanded automatically to encompass and refer to the expanded common interest community. An expansion of this Declaration to include additional Common Element may be accomplished upon recording by Declarant of a Declaration of Annexation on or before the expiration of the period of Special Declarant Rights. The Declaration of Annexation shall describe the real property to be added to the Common Element and submit the same to the covenants, conditions, restrictions and easements contained in this Declaration. Such Declaration of Annexation shall not require the consent of the Owners or Security Interest Holders. Any such expansion shall be effective upon the filing for record of a Declaration of Annexation and supplemental Plat. Any such expansion may be accomplished in stages by successive supplements or in any one supplemental expansion. ARTICLE XVII. DRATNACIF 17.1 Acknowledgment. Soils within the State of Colorado consist of expansive soils, low-density soils, and moisture retentive soils which will adversely affect the integrity of a dwelling if the dwelling and the Lot on which it is constructed are not properly maintained. Expansive soils contain clay minerals which have the characteristic of changing volume with the addition or subtraction of moisture, thereby resulting in swelling and/or shrinking soils. The addition of moisture to low-density soils causes a realignment of soil grains, thereby resulting in consolidation and/or collapse of the soils. 44 17.2 Moisture. Each Owner of a Lot shall use his or her best efforts to assure that the moisture content of those soils supporting the foundation and the concrete slabs forming a part of the dwelling constructed thereon remain stable and shall not introduce excessive water into the soils surrounding the dwelling. 17.3 Crrading. Each Owner of a Lot shall maintain (and not alter) the grading and drainage patterns of the Lot as indicated in the subdivision plans on file with the Planning Office of the County. 17.4 Water Flow. The Owner of a Lot shall not impede or hinder in any way the water falling on the Lot from reaching the drainage courses established for the Lot and the Residential Community. 17.5 Action by Owner. To accomplish the foregoing, each Owner of a Lot covenants and agrees, among other things: (a) Not to install improvements, including, but not limited to, landscaping, items related to landscaping, walks, driveways,parking pads,patios, fences, walls, additions to a dwelling, or any other item or improvement which will change the grading of the Lot. (b) To fill with additional soil any back-filled areas adjacent to the foundation of the dwelling and in or about the utility trenches on the Lot in which settling occurs to the extent necessary from time to time maintain the grading and drainage patterns of the Lot. (c) Not to water the lawn or other landscaping on the Lot excessively. (d) Not to plant flower beds (especially annuals) and gardens adjacent to or within four(4) feet of the foundation and slabs of the dwelling located on the Lot. (e) To install any gravel beds in a manner which will assure that water will not pond in the gravel areas, whether due to non-perforated edging or due to installation of the base of the gravel bed at a level lower than the adjacent lawn. (f) To install a moisture barrier (such as polyethylene) under any gravel beds, except any gravel beds in back-filled areas). (g) To assure that: (i) water that flows from downspout extensions or splash blocks is allowed to flow rapidly away from the foundation and/or slabs; and, (ii) splash blocks are maintained under sill cocks. (h) To re-caulk construction joints opening up between portions of exterior slabs and garage slabs in order to thereby seal out moisture. 45 17.6 Disclaimer. Declarant shall not be liable for any loss or damage to a dwelling caused by or in anyway connected with soil conditions or failure of an Owner to control drainage on any Lot. ARTICLE XIII. MTSCFJ,T ANEOT JS PROVISIONS 18.1 Enforcement. The Association or the Owner of any of the Lots on the Property may enforce the restrictions, conditions, covenants and reservations imposed by the provisions of Residential Community Documents by proceedings at law or in equity against any Person or against the Association violating or attempting to violate any of the said Articles, Bylaws or Rules and Regulations, or restrictions and limitations of this Declaration, either to recover damages for such violation, including reasonable attorneys' fees incurred in enforcing this Declaration, or to restrain such violation or attempted violation or to modify or remove structures fully or partially completed in violation hereof, or both. Failure of the Association, the Executive Board, DRC, or any Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. The Association shall not be liable to reimburse any Member or Owner for attorneys' fees or costs incurred in any suit brought by a Member or Owner to enforce or attempt to enforce any provision of the Residential Community Documents. 18.2 Term of Declaration. This Declaration shall run with the land, shall be binding upon the Members and upon all Persons owning Lots and any Persons hereafter acquiring said Lots, and shall be in effect in perpetuity unless amended or terminated as provided herein or in the Act (to the extent applicable). 18.3 Amendment of Declaration. Except as otherwise provided in the Act and this Declaration, and subject to provisions elsewhere contained in this Declaration requiring the consent of Declarant or others, any provision, covenant, condition, restriction or equitable servitude contained in this Declaration may be amended or repealed at any time and from time to time upon approval of the amendment or repeal by vote of Members of the Association holding at least sixty- seven percent (67%) of the votes of the Association present in Person or by proxy at a duly constituted meeting of the Members. The approval of any such amendment or repeal shall be evidenced by the certification by the Executive Board of the Association of the vote of Members. The amendment or repeal shall be effective upon the recordation in the Office of the Clerk and Recorder of Weld County, Colorado, of a certificate, executed by the President and Secretary of the Association setting forth the amendment or repeal in full and certifying that the amendment or repeal has been approved by the Members and certified by the Executive Board as set forth above. 18.4 Captions. The captions contained in the Documents are inserted only as a matter of convenience and for reference, and in no way define, limit or describe the scope of the Documents or the intent of any provision thereof. 46 18.5 Gender. The use of the masculine gender refers to the feminine gender, and vice versa, and the use of the singular includes the plural, and vice versa, whenever the context of the Documents so require. 18.6 Waiver. No provision contained in the Documents is abrogated or waived by reason of any failure to enforce the same, irrespective of the number of violations or breaches which may occur. 18.7 Invalidity and Severability. The invalidity of any provision of the Documents does not impair or affect in any manner the validity, enforceability or effect of the remainder, and if a provision is invalid, all of the other provisions of the Documents shall continue in full force and effect. 18.8 No Partition of Common Area. The Common Element shall be owned by the Association. No Member shall bring any action for partition or division of the Common Element. By acceptance of a deed or other instrument of conveyance or assignment, each Owner shall be deemed to have specifically waived such Owner's rights to institute or maintain a partition action or any other action designed to cause a division of the Common Element, and this Section may be pleaded as a bar to any such action. Any Owner who shall institute or maintain any such action shall be liable to the Association, and hereby agrees to reimburse the Association for its costs, expenses, and reasonable attorneys' fees in defending any such action. 18.9 Conflict. If there is any conflict between the Residential Community Documents and the provisions of the Act, the provisions of the Act, to the extent applicable, shall control. In the event of any conflict between this Declaration and any other Document, this Declaration shall control. 18.10 Weld County's Right to Farm. Weld County's Right to Farm adopted in Appendix 22-E of the Weld County Code and set forth at length in Exhibit"C" attached hereto is made a part of this Declaration by reference. IN WITNESS WHEREOF, Declarant has caused this Declaration to be executed as of the day and year first above written. SOARING SKIES VENTURES, LLC, A Colorado Limited Liability Company By: Timothy J. Halopoff, Manager 47 STATE OF COLORADO ) ss. COUNTY OF The foregoing instrument was acknowledged before me this day of November, 2006, by Timothy J. Halopoff, as Manager of SOARING SKIES VENTURES, LLC, a Colorado Limited Liability Company. WITNESS my hand and official seal. Notary Public My Commission Expires: APPROVAL, RATIFICATION AND CONFIRMATION The undersigned, having a Security Interest in the real property described on Exhibit "A" attached hereto and incorporated herein by reference, hereby approves, ratifies, confirms and consents to the foregoing Declaration of Covenants, Conditions, Restrictions and Easements for Sage Hill P.U.D.. IN WITNESS WHEREOF, the undersigned has caused its name to be hereunto subscribed this day of November, 2006. ADAMS BANK AND TRUST, A State Chartered Bank By: Dale Tanaka, Vice President STATE OF COLORADO ) ss. COUNTY OF LARIMER ) The foregoing instrument was acknowledged before me this day of November, 2006, by Dale Tanaka as Vice President of Adams Bank and Trust, a State Chartered Bank. WITNESS my hand and official seal. My commission expires: Notary Public 48 EXHIBIT "A" Legal Description of Sorrel Ridge, P.U.D. PF-1099 recorded hi the Office of the Clerk and Recorder for Weld County, Colorado at Reception No. • Lot B of recorded exemption No. 0705-05-3-RE-3685 being a part of the South %2 of Section 5, Township 7 North, Range 67 West of the 6th P.M., County of Weld, State of Colorado. EXHIBIT °B" Legal Description of the Common Element in Sorrel Ridge, P.U.D. Tracts A, B, and C, all situated in Lot B of recorded exemption No. 0705-05-3-RE-3685 being a part of the South Y of Section 5, Township 7 North, Range 67 West of the 6th P.M., County of Weld, State of Colorado. 49 EXHIBIT "C" Weld County's Right to Farm Statement Weld County is one of the most productive agricultural counties in the United States, ranking fifth 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 areas: 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. 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; hunting and trapping activities; shooting sports, legal hazing of nuisance wildlife; 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. Property owners and residents cannot take water from irrigation ditches, lakes or other structures unless they have an adjudicated right to the water. Section 35-3.5-102, C.R.S., provides that an agricultural operation shall not be found to 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. 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 removal for roads within subdivisions are of the lowest priority for public works or may be the private responsibility 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. People 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 and open burning present real threats. 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. 50 rageioi Brad Mueller From: Craig Emil Sent: Tuesday, October 10, 2006 2:57 PM To: Brad Mueller Subject: RE: CC&Rs, Sorrel Ridge (PF-1099) Brad, I reviewed the section 18.2 and agree with your concerns. I would recommend that section 18.2 be deleted. Craig From: Brad Mueller Sent: Tuesday, October 10, 2006 7:34 AM To: Craig Emil; Drew Scheltinga Cc: Brad Mueller Subject: CC&Rs, Sorrel Ridge (PF-1099) Craig, Thank you for having looked at these covenants. I have had occasion to look at these again in some detail, and I wanted to double-check something with you. There is a provision (Section 18.2 if you have a copy still) that reads in part: "The County of Weld is intended to be a third party beneficiary of this Declaration and may, at its discretion, enforce the covenants it deems appropriate." It goes on to give the terms of such exercise, then continues: "EXCEPT, THE COUNTY WILL NOT MAINTAIN OR REPAIR DRAINAGE FACILITIES, RETENTION PONDS, LANDSCAPING, OR OPEN SPACES" and then explains how the County would be reimbursed for such. My concern is two-fold. My understanding is that, historically, the County doesn't want to be involved in private covenants, so the whole clause seems a bit suspect. Secondly, if the County needed to reserve the right to any enforcement, I would think it would be as back-up to stormwater facilities (which this specifically exempts as written), since there can be state and federal consequences if those fail. Can you comment? I can get you each copies of the relevant section if you'd like. Thanks, Brad 10/I 0/2006 Page 1 of 1 Brad Mueller From: Craig Emil Sent: Wednesday, August 16, 2006 9:05 AM To: Brad Mueller Subject: Sorrel Ridge I have reviewed the covenants and do not have any issues. Is there anything in them that you would like discuss? Thanks, Craig 08/16/2006 rrH � DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS, AND EASEMENTS FOR SORREL RIDGE P.U.D. THIS DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS FOR SORREL RIDGE P.U.D. is made and entered into this day of July, 2006, by SOARING SKIES VENTURES, LLC, a Colorado Limited Liability Company (Declarant). RFCITAI.S A. Declarant is the owner of Sorrel Ridge P.U.D. located in the County of Weld, State of Colorado, legally described on Exhibit "A" attached hereto and incorporated herein by this reference (Property). The final plat for Sorrel Ridge P.U.D., having been duly approved and executed;has been recorded in the Office of the Clerk and Recorder for Weld County, Colorado at Reception No. . The Property situated in Sorrel Ridge P.U.D. is subject to this Declaration. B. The purpose of Declarant in making this Declaration is to create a planned common interest community known as Sorrel Ridge P.U.D. in accordance with the Colorado Common Interest Ownership Act, C.R.S. § 38-33.3-101, etsea , as amended and supplemented from time to time. C. Declarant intends to ensure the attractiveness of the Property, including the residences and other improvements constructed on it; to protect and enhance the values and / amenities of the Property; to provide for the administration, operation, use and maintenance of common element; and to promote the health, safety and welfare of the Owners of property in the Project. ARTICLE I. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 1.1 Imposition of Covenants. Declarant hereby makes, declares, and establishes the following covenants, conditions, restrictions, and easements (Covenants) that shall affect all of the Property. From this day forward, the Property sha11- constitute a planned common interest community known as Sorrel Ridge P.U.D. (Residential Community) under the Act and shall be held, sold and conveyed subject to these Covenants. These Covenants shall run with the land and shall be binding upon all Persons having any right, title, or interest in all or any part of the Property, including Declarant, and its heirs, successors, assigns, tenants, employees, guests, and invitees. These Covenants shall inure to the benefit of each Owner of the Property or part thereof. 1.2 Development and Ike. Upon completion, the Residential Community shall consist of a maximum of ( ) Lots for single-family residential use. No Lots in excess of that number 1 may be established on the Property or by the subdivision of existing Lots. 4 ARTICLE II. DFFINITIONS When used in this Declaration, unless the context clearly indicates otherwise, capitalized terms not otherwise defined in the Act are defined as follows: 2.1 "Act" or "CCIOA" shall mean and refer to the Colorado Common Interest Ownership Act, C.R.S. §38-33.3-101, etseo , as amended and supplemented from time to time, or any successor legislation to these statutes. 2.2 "Allocated Interests" shall mean and refer to liability for Common Expenses and votes in the Association. 2.3 "Annual Assessments" shall mean the Assessments levied annually pursuant to Section 8.3. 2.4 "Articles" or "Articles of Incorporation" shall mean and refer to the Articles of Incorporation which have been filed with the Secretary of State of Colorado to create Son-el Ridge Residential Association, as such Articles may be amended from time to time. 2.5 "Assessments" shall mean and refer to all Common Expense Assessments, Special Assessments, Default Assessments, Individual Assessments and Fines levied by the Executive Board pursuant to this Declaration, the Bylaws or the Rules and Regulations. 2.6 "Association" or "Residential Association" shall Son-el Ridge Residential Association, a Non-Profit Corporation, or any successor to said Association by whatever name, charged with the duties and obligations set forth in these Covenants. 2.7 "Bylaws" shall mean and refer to any instructions, however denominated, which are adopted by the Residential Association for the regulation and management of the Residential Association, including amendments to same. 2.8 "Common Element" shall mean and refer to any real estate, easements or other real estate interests within the Residential Community owned or leased by the Association, other than a Lot. Unless otherwise permitted by ame ent ofthis Declaration, the "f uzinaIIz Fle�nt" shall be limited to the real property describ on Exhibit ached hereto and incorporated h 2 Verein by this reference, and the Improvements located (or to be located) thereon, and other appurtenances as are necessary or desirable for the full use and enjoyment by of such Improvements by the Members of the Association and Owners and occupants of Lots within The Residential Community. 2.9 "Common Expense Assessments" shall mean and refer to all Assessments made for Common Expenses and levied by the Executive Board. 2.10 "Common Expenses" shall mean and refer to the expenditures made or financial liabilities incurred for the ownership, use, operation, regulation, maintenance and repair of the Common Element and operation and management of the Residential Association. These expenses include, but are not necessarily limited to: (a) Expenses of administering, maintaining, leasing, insuring, repairing or replacing the Common Element and facilities and improvements located thereon. (b) Expenses declared to be Common Expenses by this Declaration. (c) Expenses agreed upon as Common Expenses by the Association. (d) Such reasonable reserves as may be established by the Association, whether held in trust or by the Association, for repair, replacement or addition to the Common Element or any other real or Personal property acquired or held by the Association. (e) Management fees. (f) Expenses incurred in connection with the use, operation, maintenance and repair of the Common Element and such other features as the Association shall deem reasonable and prudent or as are required by law or contract. (g) Taxes, fees, and similar charges. 2.11 "Declarant" shall mean and refer to Soann sires Ventures, LLC, or any other Person or group of Persons acting in concert who (a) as a part _ a common promotional plan, offers to dispose of to a purchaser a Declarant's interest in a Lot not previously disposed of to a purchaser; or (b) reserves or succeeds to any Special Declarant Right. 2.12 "Declaration" shall mean and refer to this Declaration of Covenants, Condition, Restrictions and Easements for Sorrel Ridge P.U.D., including any amendments hereto and also including, but not limited to, any Plats of The Residential Community recorded in the Office of the Clerk and Recorder of Weld Count), Colorado. 2.13 "Default Assessment" shall mean an Assessment levied by the Association pursuant to Article X. 3 2.14 "Design Guidelines" shall mean the guidelines and rules published and amended and supplemented from time to time by the Design Review Committee. 2.15 "Design Review Committee" or "Committee" or "DRC" shall mean the committee formed pursuant to Article VI to maintain the quality and architectural harmony of Improvements in the Residential Community. 2.16 "Director" shall mean and refer to a member of the Executive Board. 2.17 "Dispose" or "Disposition" shall mean and refer to a voluntary transfer of any legal or equitable interest in a Lot, but the term does not include the transfer or release of a Security Interest. 2.18 "Documents" shall mean and refer to this Declaration, any Plat as recorded and filed, the Articles, the Bylaws, and the Rules and Regulations as they may be amended from time to time, together with any exhibit, schedule or certificate accompanying such Documents. 2.19 "Executive Board" shall mean and refer to the Executive Board designated in the Declaration to act on behalf of the Association. 2.20 "Expansion Property" shall mean such additional real property owned or subsequently acquired by Declarant or subject to an option to purchase held by Declarant, which Declarant may make subject to the provisions of this Declaration by duly recorded Declaration of Annexation. 2.21 "Fines" shall mean and refer to any monetary penalty imposed by the Executive Board against a Member or Owner because of a violation of this Declaration, the Articles, the Bylaws or the Rules and Regulations by such Member or Owner, a member of the Owner's family or tenant or guest of the Owner. 2.22 "Improvement(s)" shall mean all buildings, structures, parking areas, fences, walls, decorative landscaping features, hedges, plantings, and other landscaping, lighting, poles, driveways, roads, ponds, irrigation facilities, swimming pools, recreational equipment, signs, changes in any exterior color or shape, excavation and all other site work, including, without limitation, grading, road construction, utility improvements, removal of trees or plantings, and any new exterior construction or exterior improvement which may not be included in the foregoing. "Improvement(s)" does not include turf, shrub, or tree repair or replacement of a magnitude which does not change exterior colors or exterior appearances. "Improvement(s)" includes both original improvements and all later changes and improvements. 2.23 "Landscaping" shall mean and refer to a space of ground covered with lawn, wound cover, shrubbery, trees, flowers and other plant materials which may be complimented with earthen berms, masonry, rock or bark mulch or other ground cover and other similar landscaping materials, together with irrigation/sprinkler systems associated with same (but excluding such systems if 4 owned by another entity with which the Association contracts for such service), all harmoniously combined with other Improvements. 2.24 "Limited Common Element" shall mean a portion of the Common Element, designated in this Declaration, or on any Plat or Map, or by the Act, for the exclusive use of one(1) or more but fewer than all of the Lots. The Board may designate parts of the Common Element from time to time for use by less than all of the Lot Owners. 2.25 "Lot" shall mean and refer to a physical portion of the Residential Community in Sorrel Ridge P.U.D. which is designated for separate ownership or occupancy and the boundaries of which are described in or determined from the applicable declarations and recorded Plats. The governing legal descriptions of the Lots shall be determined in accordance with the appropriate recorded Plat and declaration. Such Lots shall be governed by this and such other declarations as apply to each Lot. 2.26 "Manager" shall mean and refer to a Person employed or engaged to perform management services for the Association. 2.28 "Member" shall mean any Person holding membership in the Residential Association. 2.30 "Mortgage" shall mean any mortgage, deed of trust, or other document which is recorded in the office of the Clerk and Recorder of Weld County, Colorado, and which encumbers any portion of the Property or interest therein as security for the payment of a debt or obligation. 2.31 "Owner" shall mean the Owner of record, including Declarant, and including a contract purchaser, whether one (1) or more Persons of fee simple title to any Lot, but shall not mean or refer to any Person who holds such interest merely as security for the performance of a debt or other obligation, including a Mortgage, unless and until such Person has acquired fee simple title pursuant to foreclosure or other proceedings. 2.32 "Period of Declarant Control" shall mean the period during which Declarant may appoint and remove Directors and officers of the Association as permitted under the Act. The Period of Declarant Control will begin on the date this Declaration is first recorded in the office of the Clerk and Recorder of Weld County, Colorado, and will end no later than: (i) sixty (60) days after conveyance of seventy-five percent (75%) of the Lots that may be created within the Property and the Expansion Property, to Owners other than Declarant; (ii) two (2) years after the last conveyance of a Lot by Declarant in the ordinary course of business; or, (iii) the date on which Declarant voluntarily terminates the Period of Declarant Control by recording a notice to that effect in the office of the Clerk and Recorder of Weld County, Colorado, whichever of the foregoing dates or events occurs first. 2.33 "Person" means a natural Person, a corporation, a partnership, a limited liability company, an association, a trust or any other entity or combination of the foregoing. 5 2.34 "Plat" shall mean the final plat for Sorrel Ridge P.U.D. recorded in the Office of the Clerk and Recorder for Weld County, Colorado at Reception No. , and any engineering survey or surveys of all or part of the Property, together with such other diagrammatic plans and information regarding the Property as may be required by the Act or other applicable law, or as may be included in the discretion of Declarant, as each such survey may be amended and supplemented from time to time, and all as recorded in the office of the Clerk and Recorder of Weld County, Colorado. 2.35 "Property" shall mean and include the property described on Exhibit "A" and initially subjected to this Declaration and any Expansion Property from time to time made subject to these Covenants. 2.36 "Residential Community" shall mean Sorrel Ridge P.U.D., a planned common interest community as defined by the Act created by this Declaration, consisting of the Property, including any Expansion Property, and all of the Improvements located on the Property. 2.37 "Residential Community Documents" shall mean the basic documents creating and governing the Sorrel Ridge P.U.D.. including, but not limited to, this Declaration, the Articles of Incorporation and Bylaws, the Design Guidelines, the Residential Community Rules and Regulations, and any other procedures, rules, regulations or policies adopted under such documents by the Association. 2.38 "Security Interest" shall mean and refer to an interest in real estate or Personal property, created by contract or conveyance, which secures payment or performance of an obligation. The term includes a lien created by a mortgage, deed of trust, trust deed, security deed, contract for deed, land sales contract, lease intended as security, assignment of lease or rents intended as security, pledge of an ownership interest in an association, and any other consensual lien or title retention contract intended as security for an obligation. 2.39 "Security Interest Holder" shall mean and refer to a Person owning a Security Interest in a Lot situated on the Property, except the Security Interest for real property taxes and assessments made by Weld County, Colorado, or other governmental authority having jurisdiction over The Residential Community. 2.40 "Special Assessment" shall mean an Assessment levied pursuant to Section 10.4 by Executive Board. 2.41 "Special Declarant Rights" shall mean and refer to the rights reserved for the benefit of the Declarant to perform those acts specified in this Declaration. 2.42 "Successor Declarant" shall mean any Person to whom Declarant assigns any or all of its rights, obligations or interest as Declarant, as permitted by the Act and Residential Community 6 Documents. ARTICLE III. THE RESIDENT!Al.COMMUNITY 3.1 Establishment of Planned Community. By this Declaration, the Residential Community is established as a planned common interest community under the Act, consisting of nine (9) Lots. 3.2 Declaration of l.ot Boundaries. The boundaries of each Lot are designated on the Plat, and each Lot is identified by the number or address noted on the Plat. 3.3 Plat. The Plat shall conform to the requirements of the Act and shall be filed for record in the office of the Clerk and Recorder of Weld County, Colorado. The Plat may be filed as a whole or as a series of Plats from time to time. Any Plat filed subsequent to the first Plat shall be termed a supplement to the Plat, and the numerical sequence of each supplement shall be shown on it. ARTICLE IV. ASSOCIATION AS ATTORNEY-IN-FACT Each and every Owner hereby irrevocably constitutes and appoints the Association as such Owner's true and lawful attorney-in-fact in such Owner's name, place, and stead for the purpose of dealing with any Improvements on the Common Element upon damage or destruction or a complete or partial taking by condemnation as provided herein. Acceptance by any grantee of a deed or other instrument of conveyance from Declarant or from any Owner shall constitute appointment of the Association as attorney-in-fact as provided in this Article. As attorney-in-fact, the Association shall have full and complete authorization, right, and power to make, execute, and deliver any, contract, assignment, deed, waiver, or other instrument with respect to the interest of any Owner which may be necessary or appropriate to exercise the powers granted to the Association as attorney-in-fact. ARTICLE V. THF ASSOCIATION 5.1 Association Management Duties. Subject to the rights and obligations of Declarant as set forth in this Declaration, and the rights and obligations of the Owners, the Association shall be responsible for the administration and operation of the Property as provided by this Declaration. In addition, the Association may undertake contractual responsibilities relating to other Property, facilities or services that are used by or available to the Owners under arrangements, including, without limitation, those described in this Article. The Executive Board shall exercise for the Association all powers, duties and authorities 7 vested in or obligated to be taken by the Association and not reserved to Declarant, or other applicable law. 5.2 Common Flement and Improvements. Declarant shall transfer to the Association by Special Warranty Deed those tracts constituting the Common Element located within the Property, from time to time, subject to various easements as dedicated on any Plat or by separate recorded instrument. Declarant shall transfer to the Association by written instrument any Improvements located on the Common Element after the Declarant has completed the construction of such Improvements thereon. From time to time before the expiration of the Special Declarant Rights Period, Declarant may, but shall not be to, convey to the Association, by written instrument recorded with the Clerk an. Recor' of Weld County, Colorado, certain other parts of the Property (including the Exp.nsion Pro' -. y) as Common Element. The Common Element generally is designated by this Declaration for the common use, benefit and enjoyment of the Owners, Occupants, employees, tenants, guests and invitees, and such other Persons as may be permitted to use the Common Element, as Declarant may specify. Nothing in this Declaration or the other Residential Community Documents shall be construed as a dedication to public use, or a grant to any public, or quasi-public authority or utility, or an assumption of responsibility for the maintenance of any Common Element by such authority or utility, absent an express written agreement to that effect. 5.3 Association's Responsibility for Common Element. The Association, subject to the rights and obligations of the Owners set forth in this Declaration, shall be responsible for the management and control of the Common Element conveyed pursuant to Section 5.2, above, and all Common Facilities and Improvements on the Common Element (including any equipment related thereto), and shall keep it in good, clean, and attractive condition and repair, pursuant to the terns and conditions of this Declaration. The Association shall maintain, repair, replace, beautify and keep neat, attractive, and in good order all of the Common Element, Common Facilities, Improvements, Landscaping, exterior lighting, open space, wetlands owned by or which is the responsibility of the Association. Any use of the Common Element and Common Facilities by Owners, Occupants, employees, tenants, guests and invitees, and such other Persons permitted access to the Common Element shall be subject to and governed by any applicable Residential Community Rules. The Association, acting through the Executive Board, may grant easements, rights-of-way, leases, licenses and concessions through or over the Common Element without the independent approval by the Owners; subject, however, to the right of Declarant and the Owners to use the Common Element as provided in this Declaration. 5.4 Membership. Every Owner shall be a Member of the Association. Membership shall be appurtenant to and may not be separated from Ownership of any Lot. No Owner, whether one (I) or more Persons, shall have more than one (1) Membership per Lot owned, but R all of the Persons owning each Lot shall be entitled to rights of Membership and of use and enjoyment appurtenant to such Ownership. 5.5 Classes of Membership and Voting Rights. The Association shall have one class of voting Membership composed of all Owners, including Declarant. All Members shall be entitled to vote on Association matters on the basis of each Member's Ownership Interest, as defined. The votes cast in favor or in opposition to any issue before the Membership shall be tallied on the basis of the Owners' Membership Interests in the Property actually voting. Any dispute concerning the Owners' Membership Interests voting on an issue shall be determined by reference to the real estate records of Weld County including the Final Plat and any amendments thereto and recorded Documents, or the most recent Declaration of the Declarant or Executive Board, whichever applies. When more than one Person is an Owner of any Lot, all such Persons shall be Members. The vote for such Lot may not be divided, but must be a single act exercised by one Person as the Owners collectively determine. Any Person, upon becoming a Member, on request shall furnish to the Secretary of the Association a photocopy or certified copy of the recorded instrument, lease, or other written evidence, vesting the party with the interest required to become a Member of the Association. 5.6 Allocated Interests. The liability for Common Expense and votes in the Association allocated to each Lot are set forth as follows: (a) Except as specifically provided to the contrary in this Declaration, the percentage of liability for Common Expenses shall be allocated on the basis of each Owner's Membership Interest for their respective Lot(s) in the Residential Community; and, (b) The number of votes in the Association shall be allocated on the basis of each Owner's Membership Interest for their respective Lot(s) in the Residential Community. 5.7 Appointment of Officers and Directors by Declarant. Until the expiration of the Period of Declarant Control, Declarant shall retain the exclusive powers to appoint and remove the Directors on Executive Board and Officers of the Association. Notwithstanding the foregoing, Declarant may voluntarily surrender the right to appoint and remove the Directors and Officers of the Association before the end of the Period of Declarant Control by providing a notice to that effect to the Association and otherwise complying with the procedures for termination of this Special Declarant Right. Upon voluntarily terminating this Special Declarant Right in advance of the expiration of the Period of Declarant Control, Declarant may require that specified actions of the Association as described in an instrument executed and recorded by Declarant in the office of the Clerk and Recorder of Weld County, Colorado, be approved by Declarant before those actions become effective. 9 5.8 Budget. Within thirty (30) days after adoption of any proposed budget for the Association, the Board shall mail, by ordinary first-class mail, or otherwise deliver, a summary of the budget to the Owners and shall set a date for a meeting of the Owners to consider ratification of the budget not less than fourteen (14) nor more than sixty (60) days after mailing or other delivery of the summary. Unless at that meeting the budget is rejected by the vote or agreement of Owners of Lots to which at least sixty-seven percent (67%) of the Owner's Membership Interests in the Association are allocated, then the budget is ratified, whether or not a quorum is present. In the event that the proposed budget is rejected, the periodic budget last ratified by the Owners shall be continued until such time as the Owners ratify a subsequent budget proposed by the Board. 5.9 Owners' and Association's Addresses for Notices. All Owners of each Lot shall have one and the same registered mailing address to be used by the Association or other Owners for notices, bills, and all other communications regarding Association matters. The address shall be that which is assigned by Weld County unless the Owner or Owners of a Lot shall furnish a different registered address to the Secretary of the Association after receiving title to the Lot. The registration shall be in written form and signed by all of the Owners of the Lot or their authorized representative(s). If all of the Owners cannot agree, then the assigned address of the Lot shall be deemed the registered address until another registered address is furnished as required under this Section. If the address of the Lot is the registered address of the Owners, then any notice shall be deemed duly given if delivered to any Person occupying the Lot or sent to the Lot by first class mail. If the Lot is unoccupied, the notice shall be held and available for the Owners at the principal office of the Association. All notices, demands, and correspondence intended to be served upon the Executive Board shall be sent to the address of the Association or such other address as the Board may designate from time to time by a notice delivered to all Owners in accordance with this Section. 5.10 Compliance with Documents. Each Owner shall abide by and benefit from the provisions, covenants, conditions, and restrictions contained in the Residential Community Documents. 5.11 Rules and Regulations. The Association, from time to time and subject to the provisions of the Residential Community Documents, may adopt, amend and repeal "Residential Community Rules and Regulations" governing, among other things and without limitation: (a) The use of the Common Element and Common Facilities; and (b) The use of parking facilities, streets, driveways, sidewalks, trails, trash and recycling storage, and similar amenities, if any, within the Residential Community. 10 A copy of the Residential Community Rules and Regulations in effect shall be distributed to each Member of the Association. Any change in the Residential Community Rules and Regulations shall be distributed to each Member within a reasonable time following the effective date of the change. Without limiting the generality of the foregoing, the Board may suspend voting rights of a Member after notice and hearing and take such enforcement action as provided in the Bylaws for an infraction of the Residential Community Rules and Regulations. 5.12 Cooperation with Other Associations. The Association shall have the right, power and authority to contract in writing with other Associations governing common interest communities within the Residential Coimunity for services involved in management of the Association's affairs. Any such contract may provide for payment by the Association of the reasonable estimated expense of providing such services, including in such event the fair share of the overhead expenses of the other Association. 5.13 Cooperation with Local Government. The Association will cooperate with local governmental and quasi-governmental authorities in all respects to enable the Association and such authorities to efficiently and economically provide their respective services to the Owners. It is contemplated that from time to time either the Association or any of those authorities may use the services of the other in furthering their respective obligations, and they may contract with each other to better provide for such cooperation. 5.14 Cooperation with Developers. The Association may cooperate with developers of adjacent parcels, including, without limitation, parcels developed for residential or commercial purposes, in all respects to enable the Association and the Owners of such properties and/or Associations representing same, to efficiently and economically provide appropriate services to the Owners of the respective parcels. It is contemplated that from time to time either the Association or any of those authorities may use the services of the other in furthering their respective obligations, and that they may contract with each other to better provide for such cooperation and services. 5.15 Manager. The Association may employ or contract for the services of a Manager to act for the Association in the furtherance of Association purposes according to the powers and duties delegated to the Manager pursuant to the Bylaws or resolution of the Board, provided that no such employment shall be by a contract having a term of more than three (3) years, and each such contract shall be subject to cancellation by the Association on ninety (90) days or less prior notice without cause and without payment of a termination fee. The Manager shall not have the authority to make expenditures for additions or Improvements except upon specific prior approval and direction by the Board. The Board or any officer of the Association shall not be liable for any omission or improper exercise by a Manager of any such duty, power, or function so delegated by written instrument executed by or on behalf of the Board. 5.16 Delegation by Association Hoard. Without limiting the generality of the provisions 11 in this Article, the Executive Board may delegate certain of its powers to any committee or other entity that the Board may choose to form. Any delegation by the Board under this Article is subject to compliance with the Bylaws, and the Board, when so delegating, will not be relieved of its responsibilities under the Residential Community Documents. 5.17 Ownership of Personal Property and Real Property for Common Use. The Association, through action of its Executive Board, may acquire, hold, and Dispose of tangible and intangible Personal Property and real Property. The Board, acting on behalf of the Association, shall accept any real or Personal Property, leasehold, or other Property interests within the Residential Community and conveyed to the Association by Declarant. 5.18 Annual Notice of Rooks and Records. The Association shall make available for inspection at its principal office, upon request, during normal business hours or under other reasonable circumstances to Owners and holders of Security Interests, current copies of the Residential Community Documents and the books, records, and financial statements of the Association prepared pursuant to the Bylaws. Any Owner or Security Interest Holder may make a written request to the Association for a copy of the financial statements for the preceding year. The Association may charge a reasonable fee for copying such materials. The Association shall maintain the following records at its principal office: (a) Final Plat (b) Development Agreement (c) Final Use Plan (d) Articles of Organization; (e) By-laws; (f) Declaration and amendments; (g) Resolutions of the Executive Board; (h) Minutes of Owners' meetings and records of Owners' actions without meetings for past three years; (i) All written communications to Owners for past three years; (j) Names. addresses and telephone numbers of current Directors and officers; (k) Most recent financial reports; and, (1) All financial reports and audits for past three years. At least once each calendar year, the Association shall provide all Owners with a written notice providing general information about the Association and its governing documents. Not later than ninety (90) days after the end of its fiscal year, the Association shall make available upon request to Owners the Association's financial and operating information. Not later than ninety (90) days after the Association changes the address of its principal office, the Association shall provide notice of the change of address to all Owners. The foregoing disclosure 12 requirements may be met by posting on the Association's webpage, maintaining the documents and information in a binder at the principal office of the Association, or personal delivery or mailing of the information to all Owners. 5.19 Maintenance Reserves. The Association shall establish and maintain an adequate reserve fund from Annual Assessments for maintenance, repair or replacement of Common Element and Improvements and for any other facilities for which contribution from the Association is required. 5.20 Implied Rights and Obligations. The Association shall perform all of the duties and obligations imposed on it expressly by the Residential Community Documents, together with every other duty or obligation reasonably to he implied from the express provisions of the Residential Community Documents or reasonably necessary to satisfy any such duty or obligation reasonably to be implied from the express provisions of the Residential Community Documents or reasonably necessary to satisfy any such duty or obligation. The Association may exercise any other right or privilege: (i) given to it expressly by the Residential Community Documents; (ii) reasonably to be implied from the existence of any right or privilege given expressly by the Residential Community Documents; or, (iii) reasonably necessary to effectuate any such right or privilege. 5.21 I,iti•ation Matters. The Association and its officers and Directors shall have no obligation, right, or authority, to administer, manage, investigate, report, litigate, arbitrate, mediate or otherwise be involved in any claims or disputes asserted, or which might be assertable, by individual Owners against any Declarant, Owner, developer, contractor or other party with regard to alleged construction defects, express or implied construction warranties or similar claims or actions pertaining to any Building or other Improvements constructed in or on any Lot within the Residential Community (Claim). Without limiting the foregoing, the Association shall not be considered a proper party in interest in any such action or proceeding with respect to any Claim. Without limiting the foregoing, the Association shall not be involved directly or indirectly, in organizing, administering, supervising, managing or otherwise soliciting involvement in any class action or litigation in connection with any Claim. Nothing herein contained shall be construed as limiting the rights and obligations of the Association with respect to the assertion of claims with respect to any Improvements located within or upon the Common Element, nor shall it preclude the assertion of any Claims directly by an individual affected Owner of a Lot. Due to the foregoing restriction, neither the Executive Board nor the Association will have any obligation, responsibility or liability to any Owner or Member on account of the existence of any Claims or refusal of the Association or the Executive Board to pursue any such Claims. 5.22 Governance Policies of Fxecutive Board. The Executive Board shall perform the 13 following in its management of the affairs of the Association: (a) Maintain accounting records using generally accepted accounting principles. (b) Adopt rules and regulations concerning collection of assessments, Director's conflicts of interest, conduct of meetings, and enforcement of Declaration, including notice and hearing procedures and schedule of fines. (c) Adopt policy regarding inspection and copying of Association records by Owners or Owner's agents and investment of reserve funds. (d) Adopt procedure for amending rules and regulations. (e) Adopt policy for reimbursement of Directors for attending educational meetings and seminars on responsible governance of associations. ARTICLE VI. DESIGN REVIEW COMMITTEE 6.1 Committee and Guidelines. There is hereby established a Design Review Committee (DRC) which shall be responsible for the establishment and administration of Design Guidelines to facilitate the purposes and intent of this Declaration. The DRC may issue and enforce Design Guidelines applicable to the Residential Community. The DRC may amend, vary, repeal and augment the Design Guidelines from time to time, in the DRC's sole discretion based on concerns for good planning and design, the aesthetic, architectural and environmental harmony of the Residential Community or other factors as necessary or desirable to fulfill the intent of the Design Guidelines and implement the purposes of this Declaration. The Design Guidelines shall be binding on all Owners and other Persons governed by this Declaration. The Design Guidelines may include, among other things, those restrictions and limitations set forth below: (a) Standards establishing and dictating an architectural theme and requirements pertaining to building style and design, construction materials and site planning. (b) Procedures for making application to the DRC for design review approval, including the documents to be submitted and the time limits in which the DRC must act to approve or disapprove any submission. (c) Time limitations for the completion, within specified periods after approval, of the Improvements for which approval is required under the Design Guidelines. 14 (d) Designation of a building site on a Lot, establishing the maximum developable area of a Lot and set-back or view corridor requirements. (e) Minimum and maximum square foot areas of living space that may be developed on any Lot. (0 Limitations on the height of any building or other Improvement. (g) Specifications for the location, dimensions and appearance or screening of any permitted fences, accessory structures, antennae or other such Improvements. (h) Landscaping regulations, including requirements for installing and maintaining landscaping on the entire Lot and, for certain Lots identified in the Design Guidelines, on parkways abutting the Lot and the street or road providing access to the Lot; time limitations within which all landscaping must be completed; limitations and restrictions prohibiting the removal or requiring the replacement of existing trees; and guidelines encouraging the use of plants indigenous to the locale and compatible with the design theme of the Residential Community; and other practices benefiting the protection of the environment, aesthetics and architectural harmony of the Residential Community. Regulations for landscaping shall comply with C.R.S. §37-60-126. (i) Regulations for parking vehiclesCr off of the street, within an enclosed garage or a designated area on a Lot. R ulations for rking emergency vehicle shall comply with C.R.S. §38-33.3-106.5. i pa 114"'+---'�� Po. -,t. S-1 ti�./ " 4O 4c. (j) General instructions for the construction, reconstruction, refinishing or alteration of any Improvement, including any plan to excavate, fill or make any other temporary or permanent change in the natural or existing surface contour or drainage or any installation of utility lines or conduits on the Property, addressing matters such as loading areas, waste storage, trash removal, equipment and materials storage, grading, transformers and meters. (k) Designation of front, side or rear entry garages. (1) Use and design of private alleys and streets located within the Property. (m) Design, use and installation of raw water irrigation systems to ensure efficient use of water. (n) Construction of animal enclosures and regulations governing the keeping of animals. 15 6.2 DRC Membership and Organization. The DRC shall be composed of not less than three (3) nor more than five (5) Persons. The DRC may include one (1) or more professional design consultants, but need not include any Member of the Association. All members of the DRC shall be appointed, removed and replaced by Declarant, in its sole discretion until such time as Declarant no longer own any Lots within the Residential Community, unless Declarant earlier waives this right by notice to the Association recorded in the office of the Clerk and Recorder of Weld County, Colorado. At such time, the Executive Board shall succeed to Declarant's right to designate the number of and to appoint, remove or replace the members of the DRC. 6.3 Purpose and General Authority. The DRC shall review, study and either approve or reject proposed Improvements on all Lots situated on the Property to ensure compliance with this Declaration and as further set forth in the Design Guidelines and such rules and regulations as the DRC may establish from time to time to govern its proceedings. No Improvement shall be erected, placed, reconstructed, replaced, repaired or otherwise altered, nor shall any construction, repair or reconstruction be commenced until plans for the Improvements shall have been approved by the DRC; provided, however, that Improvements that are completely within a building may be undertaken without such approval. All Improvements shall be constructed only in accordance with approved plans. 6.4 DRC Discretion. The DRC shall exercise its best judgment to see that all Improvements conform and harmonize with any existing structures as to external design, quality and type of construction, seals, materials, color, location on the Lot, height, grade and finished ground elevation, and the schemes and aesthetic considerations set forth in the Design Guidelines and the other Residential Community Documents. The DRC, with the approval of the executive Board, based on concerns for good planning and design, the aesthetic, architectural and environmental interests of the Residential Community, or other factors as necessary or desirable to fulfill the intent of the Design Guidelines, may excuse compliance with such requirements in specific situations and may permit compliance with different or alternative requirements. 6.5 Binding Fffeet. The actions of the DRC in the exercise of its discretion by its approval or disapproval of plans and other information submitted to it, or with respect to any other matter before it, shall be conclusive and binding on all interested parties. 6.6 Organization and Operation of DRC. The organization and operation of the DRC shall conform to the following: (a) Tenn of Members. The term of office of each member of the DRC shall continue at the pleasure of the appointing authority pursuant to Section 6.2, and run until his successor shall have been appointed. Should a DRC member die, retire or become incapacitated, or in the event of a temporary absence of a member, a successor may be appointed as provided in Section 6.2. (b) Chairman. The chairman of the DRC shall be elected annually from among the 16 members of the DRC by a majority vote of such members. In the absence of a chairman, the members may appoint or elect a successor, or if the absence is temporary, an interim chairman. (c) Conduct of Meetings. The DRC chairman shall take charge of and conduct all meetings and shall provide for reasonable notice to each member of the DRC prior to any meeting. The notice shall set forth the time and place of the meeting, and notice may be waived by any member. (d) Voting. The affirmative vote of a majority of the then serving members of the DRC shall govern its actions and be the act of the DRC. (e) Review of Plans. The DRC shall consider and act upon any and all requests submitted for its approval. The DRC shall approve plans and specifications submitted to it only if it determines that the construction, alteration, and additions contemplated thereby, and in the location as indicated, will comply with this Declaration; will serve to preserve and enhance the values of Lots within the Residential Community; will be consistent with the spirit and intent of this Declaration; and will maintain a harmonious relationship among structures, vegetation, and topography within the Residential Community. The DRC shall consider the quality of workmanship, type of materials, and harmony of exterior design with other dwellings, if any, located within the Residential Community. Should the DRC fail to approve or disapprove the plans and specifications submitted to it by an Owner within thirty (30) days after complete submission of all required documents, the plans shall be resubmitted to the DRC by certified mail, return receipt requested, with a copy to the Declarant, by certified mail, return receipt requested, and, in the event that the DRC fails to approve or disapprove any plans and specifications as herein provided within thirty (30) days after such resubmission to the DRC and Declarant by certified mail, the same shall be deemed to have been approved, as submitted; provided, however, that no building or other structure shall be erected or allowed to remain on any Lot which violates or is inconsistent with any of the covenants or restrictions contained in this Declaration. The issuance of a building permit or license for the construction of improvements inconsistent with this Declaration shall not prevent the Association or any Owner from enforcing the provisions of this Declaration as provided by Section 6.10, below. (r) Expert Consultation. The DRC may avail itself of other technical and professional advice and consultants as it deems appropriate, and the DRC may delegate its plan review responsibilities, except final review and approval, to one (1) or more of its members or to consultants retained by the DRC. Upon that delegation, the approval or disapproval of plans and specifications by such member or consultant shall be equivalent to approval or disapproval by the entire DRC. 6.7 Expenses. Except as provided in this Section, all expenses of the DRC shall be paid by the Association and shall constitute a Common Expense. The DRC shall have the right to 17 charge a fee for each application submitted to it for review, in an amount which may be established by the DRC from time to time, and such fees shall be collected by the DRC and remitted to the Association to help defray the expenses of the DRC's operation. The members of the DRC shall not be entitled to any compensation for services performed pursuant to these Covenants. 6.8 Other Requirements- Compliance with the Residential Community design review process is not a substitute for compliance with County building, zoning and subdivision regulations, and each Owner is responsible for obtaining all approvals, licenses, and permits as may be required prior to commencing construction of Improvements. 6.9 I imitation of Liability. The DRC shall use reasonable judgment in accepting or disapproving all plans and specifications submitted to it. Neither the DRC nor any individual DRC member shall be liable to any Person for any official act of the DRC in connection with submitted plans and specifications, except to the extent the DRC or any individual DRC member acted with malice or wrongful intent. The Association shall not be obligated to indemnify any member of the DRC to the extent any such member of the DRC is adjudged to be liable for acting with malice or wrongful intent in the performance of his duty as a member of the DRC, unless and then only to the extent that the court in which such action or suit may be brought determines that in view of all circumstances of the case, such Person is fairly and reasonably entitled to indemnification for such expense as such court shall deem proper. 6.10 Fnforcement. The DRC shall conform to the following in the performance of its duties and responsibilities: (a) Inspection. Any member or authorized consultant of the DRC, or any authorized officer, Director, employee or agent of the Association may enter upon any Lot at any reasonable time after notice to the Owner, without being deemed guilty of trespass, in order to inspect Improvements constructed or under construction on the Lot to determine whether the Improvements have been or are being built in compliance with the Residential Community Documents and the plans and specifications approved by the Design Review Committee. (b) Completion of Construction. Before any Improvements on a Lot may be occupied, the Owner of the Lot shall be required to obtain a temporary certificate of compliance issued by the DRC indicating substantial completion of the Improvements in accordance with the plans and specifications approved by the DRC, and imposing such conditions for issuance of a final certificate of compliance as the DRC may determine appropriate in its reasonable discretion. Without limiting the generality of the preceding sentence, the DRC may require, as a condition to the issuance of the temporary certificate of compliance, that the Owner deposit with the DRC such sums as may be necessary to complete the landscaping on the Lot by a specified date. If the landscaping is not completed as scheduled, the DRC may apply the deposit to cover the cost of completing the work and enforce such other remedies as are available to the Association for the failure of 18 the Owner to comply with this Declaration. (c) Certificate of Compliance. Upon payment of a reasonable fee established from time to time by the Design Review Committee, and upon written request of any Owner or his agent, an existing or prospective Security Interest Holder, or a prospective grantee, the Design Review Committee shall issue an acknowledged certificate, in recordable fonn, setting forth generally whether, to the best of the Design Review Committee's knowledge, the improvements on a particular Lot are in compliance with the terms and conditions of the Design Guidelines. (d) Dammed Nuisances. Every violation of this Declaration is hereby declared to be and to constitute a nuisance, and every public or private remedy allowed for such violation by law or equity against a Member shall be applicable. Without limiting the generality of the foregoing, this Declaration may be enforced as provided below. (i) Fines for Violations. The DRC may adopt a schedule of fines for failure to abide by the DRC rules and the Design Guidelines, including fines for failure to obtain any required approval from the DRC. (ii) Removal of Nonconfonming Improvements with Court Order. The Association, upon request of the DRC and after first obtaining a court order from a Colorado court having jurisdiction thereof, may enter upon any Lot and remove any Improvement constructed, reconstructed, refinished, altered or maintained in violation of this Declaration. The Owner of the Improvement shall immediately reimburse the Association for all expenses incurred in connection with such removal. If the Owner fails to reimburse the Association within thirty (30) days after the Association gives the Owner notice of the expenses, the sum owed to the Association shall bear interest at the Default Rate from the date of the advance by the Association through the date of reimbursement in full, and al] such sums and interest shall be a Default Assessment enforceable as provided in Article VIII. 6.11 Reconstruction of Common Flement. The reconstruction by the Association after destruction by casualty or otherwise of any Common Element that is accomplished in substantial compliance with "as built" plans for such Common Element shall not require compliance with the provisions of this Article or the Design Guidelines. 6.12 Variances. The DRC may authorize variances from compliance with any provisions of this Declaration when circumstances such as natural obstructions, hardships, aesthetics or environmental considerations may require. Such variances must be evidenced in writing and shall become effective when signed by at least a majority of the members of the DRC. If any such variance is granted, no violation of the provisions of this Declaration shall be deemed to have occurred with respect to the matter for which the variance was granted; provided, however, that the 19 granting of the variance shall not operate to waive any provisions of this Declaration for any purpose except as to the particular property and the particular provision hereof covered by the variance, nor shall the granting of a variance affect in any way the Owner's obligation to comply with all governmental laws and regulations affecting the property concerned, including, but not limited to, zoning ordinances and setback lines or requirements imposed by any governmental authority having jurisdiction. 6.13 Color. All dwellings and other structures constructed on any Lot shall be stained or painted in such colors as are approved in writing by the Declarant (for a period of ten (10) years from the date of the recording of this Declaration) or thereafter by the DRC. 6.14 Address Signal-. Each dwelling within the Residential Community shall have a address sign/house number affixed, of a design and at a location established and/or approved by the DRC, which shall at all times endeavor to maintain uniformity of such signage. 6.15 Fences. Any fence to be constructed on a Lot must be approved by the DRC. All fences shall be constructed of materials acceptable to the DRC, and shall conform in all respects to the standard subdivision design as adopted from time to time by the DRC. The DRC shall provide the fence detail information to any Owner requesting such information. This Section shall not apply to entrance or "monument" fencing, or to entrance signage or to other signage that may or may not actually be incorporated into fencing, but that may be located on, adjacent to or in the vicinity of fencing. The DRC shall also designate those areas in which common fencing shall be required and the height, type and style of such common fencing. 6.16 Mailboxes. All mailboxes must be approved by the DRC. Mailboxes shall be constructed of materials acceptable to the DRC, and shall conform in all respects to the standard subdivision design as adopted from time to time by the DRC. The Declarant and Association shall have authority to establish a system of centrally located mailboxes and to prohibit use of individually owned, private mailboxes at any time. 6.17 Subdivision. No Lot may be further subdivided without the approval of the Executive Board of the Association, which approval shall be within its sole discretion. This provision shall not be construed to prohibit or prevent the dedication or conveyance of any portion of a Lot as an easement for public utilities. • ARTICLE VII. PROPERTY I7SF RESTRICTIONS 7.1 General Restriction. The Property shall be used only for the purposes set forth in this Declaration, as permitted by the applicable ordinances of the County, and the laws of the State of Colorado and the United States, and as set forth in the Residential Community Documents or other specific recorded covenants affecting all or any part of the Property. 7.2 Residential I Ise of 1 ots. Each Lot may be used only for residential purposes and 20 developed by the construction of a single-family residence. No business or commercial building may be erected on any Lot, and no business or commercial enterprise or other non-residential use may be conducted on any part of a Lot, except as provided in Section 7.3, below. 7.3 Home Occupations. The conduct of a home occupation on a Lot within the Residential Community shall be considered accessory to the residential use of the Lot and not a violation of this Declaration, provided that the following requirements are met: (a) Such home occupation shall be conducted only within the interior of the dwelling located on such Lot and shall not occupy more than fifteen percent (15%) of the total finished area within the dwelling. (b) No signs or advertising devices of any nature whatsoever shall be erected or maintained on any Lot with respect to such home occupation, except those approved in writing by the DRC. (c) Any trade or business conducted on a Lot shall be conducted only by the residents thereof (d) No noise or offensive activities shall be conducted on any Lot and no Lot shall be used, in whole or in part, for the storage of any property or thing that will cause the Lot to appear in an unclean or untidy condition or that will create an eyesore. (e) No substance, thing or material which emits foul or obnoxious odors, or causes any noise that might disturb the peace, quiet, comfort or serenity of the occupants of the surrounding Lots shall be permitted on a Lot. (f) No trade or occupation shall be conducted from a Lot unless one (1) or more of the Owners of such Lot reside within the dwelling on such Lot, and any such trade or occupation shall cease and terminate when the Owner(s) of such Lot ceases to reside thereon. (g) No retail sales shall be conducted on any Lot and no customer parking shall be allowed. (h) There shall be no evidence of a home occupation visible from the outside of a dwelling. (i) Not more than four (4) additional vehicular trips shall be allowed each day on or to any Lot for deliveries or pick ups in connection with such trade or business, including deliveries or pick ups by commercial delivery services, such as Federal Express and United Parcel Service, and further provided that no such vehicle shall remain at the Lot for a period in excess of fifteen minutes per trip. 21 7.4 Household Pets and I ivestock. No household pets, livestock, birds, reptiles, or animals (collectively "Animals") of any kind may be raised, bred or kept on any portion of the Residential Community, except as provided by this Section: (a) A reasonable number of dogs, cats and other household pets owned by an Owner, such Owner's family, or tenant, may be kept, provided that they are not kept, bred or maintained for any commercial purpose. The Executive Board may adopt rules and regulations regarding the maintenance of animals upon the Property, including the maximum number and size thereof. (b) Livestock including horses, donkeys, burros, cattle, and like kind animals owned by an Owner, such Owner's family, or tenant may be raised or kept on any Lot. Each animal over the age of six (6) months shall be provided with not less than one (1) acre of space within its enclosure. (i.e. If two horses are kept with a single enclosure, the minimum area of the enclosure shall be not less than two (2) acres.) Each enclosure shall be approved by the Design Review Committee in writing. Animals shall not be raised, bred, trained, boarded, or kept for any commercial purpose. Animals shall not make objectionable noises or otherwise constitute a nuisance or inconvenience to any of the residents of the Property. (c) In the event a household pet or livestock shall constitute a nuisance or inconvenience to a resident of the Property, or if the area where the animals are maintained is unsightly, unclean, in disrepair, or is a hazard to health and welfare of a resident or other animals of the Property, then the Executive Board shall have the obligation to direct that the animal be pennanently removed from the Property. (d) Animals shall not be allowed to run at large within the Property, but shall be at all times on a leash or other immediate control of its owner. It shall be the duty of the Executive Board, or its representative, to notify the County Animal Control Authority of animals found at large on the Property in violation of County Ordinances or this Declaration. (e) All animals kept shall have current inoculations as required by Weld County or the State of Colorado and good veterinary practice. Because of the sensitive nature involved in controlling noise, nuisance and care of animals when viewed from the perspective of adjoining Owners, all control and decisions relating to the enforcement and retention of animals on any Lot in the Development shall reside in the absolute control and authority of the Design Review Committee. (1) Costs of enforcement of this Section, including reasonable attorney's fees, shall be assessed against the Owner of the Lot on which such animal is kept, as a Default Assessment to which the Owner's Lot is subject. Any such Default Assessment shall not 22 be subject to a maximum assessment limitation of any kind. 7.5 PetRetilunaancLAnimaLEnclosures. No pet run, animal enclosure, or other fenced-in areas or structure for the containment or shelter of household pets or livestock shall be permitted upon any Lot without the prior written approval of the DRC. In considering whether to approve any such pet run, animal enclosure, or other fenced-in areas or structure, the DRC shall consider the location, size, concealment, proximity to surrounding structures and adjacent Lots, proposed building materials, aesthetic appeal and harmony of exterior design in relation to surrounding structures. No pet run, animal enclosure, fenced-in areas, structure, invisible fence or similar restraints shall be installed within or encroach upon any portion of the Common Element. 7.6 Signag•. No signs or advertising of any character shall be erected, placed or permitted or maintained within the Residential Community unless the Executive Board or the DRC has given consent to the same in writing. This provision shall not apply to permanent signs identifying the Residential Community which are installed by the Declarant as part of the development of the Residential Community, nor shall this provision preclude Declarant or its agents, as long as Declarant are the Owners of any Lot within the Residential Community, from placing such signs as Declarant deem appropriate, without limitation on size or location, offering the Property or Lots for sale. The Executive Board may adopt rules and regulations permitting signs advertising Lots for sale at such location and of such character as the Board shall designate, provided that in no event shall individual Lot Owners be entitled to place advertising signs on the Common Element, nor shall any such Lot Owner be allowed to use more than one (I) sign to advertise such Owner's Lot for sale. 7.7 leases. No lease of a Lot or dwelling thereon shall be for a period of less than six (6) months and every lease shall be in writing. The written lease shall contain provisions requiring that the tenant comply with all provisions of this Declaration and the other Residential Community Documents. The Board may require that all leases be submitted to it for approval before the lease will be effective and that all tenants meet with a Person designated by the Board to review the requirements of the Declaration and other Residential Community Documents. The Association shall have the power to enforce the provisions of the Declaration and the other Residential Community Documents against any tenant regardless of the provisions of a lease. The Association shall have the power to levy fines and Assessments against a tenant based on such tenant's actions, the same as it would have against a Lot Owner. 7.8 Storage of Inoperative Vehicles. Inoperative vehicles shall not be stored, parked or permitted to remain upon or adjacent to a Lot, except within a fully enclosed garage on the Lot. For purposes of this provision, any disassembled or partially disassembled car or other vehicle or any car or other vehicle which is not capable of moving under its own propulsion, or is not so moved, for two (2) consecutive days shall be considered an "inoperative vehicle" subject to the terns of this Section 7.8. 7.9 Repair. No activities such as, but not necessarily limited to, maintenance, repair, rebuilding. dismantling, repainting or servicing of any kind of vehicle, trailer or boat may be performed on any Lot unless performed entirely within a completely enclosed garage attached or associated with the dwelling located on such Lot. Without limiting the foregoing, no such activity shall be performed upon any of the Common Element. The foregoing restrictions shall not be deemed to prevent washing and/or polishing of any motor vehicle. 7.10 Parking. No trailer, motor home, bus, camper, commercial-type vehicle, truck, commercial van, vehicle-mounted camper, whether chassis or slide-in, or pick-up coach, tent trailer, boat, truck trailer, machine, tractor, semi-tractor, tractor trailer, all terrain vehicles, motorcycles, or similar vehicles or equipment, shall be parked, placed, erected, maintained or constructed on any Lot or the Common Element for any purpose. Trucks, vans, trailers, campers, motor homes, pick- up coaches, tents or boats which can be and are stored completely within an enclosed garage and are not used for living purposes will not be in violation of these restrictions. Furthermore, no parking shall be permitted within the private driveways or alleys except in areas specifically designated for that purpose by Declarant or the Association;parking_shall be permitted only on O streets and in those y, specifically designated for such'— ^ purpose by this Declaration or by the Association, for such purpose. 7.11 Trash. All Owners shall maintain their Lots in a clean and well-maintained condition. No storage of trash will be permitted in or outside on any Lot in a manner which may permit the spread of fire, odors, seepage or encouragement of vermin. All equipment, garbage cans, service yards, woodpiles or storage piles shall be kept screened by adequate planting or fencing so as to conceal them from view of neighboring Lots and streets. All rubbish, trash, garbage or other unsightly items must be deposited in locations in containers on Lots approved or provided by the Association. The Association may adopt rules and regulations further defining the deposit of rubbish, trash or garbage and other matters related thereto. Without limiting the foregoing, the Association. acting through the Board, shall have the right to require that the trash collection within the Residential Community be performed by one (1) company and that trash collected from all Lots by such company be on the same day of each week. Unless the Board expressly adopts a resolution to the contrary, such cost of trash collection shall be a Common Expense. In the event the Association so elects, all Owners shall make use of the trash collection service provided or contracted for by the Association. This Section shall not apply to a contractor during construction of a dwelling or other improvements within the Residential Community. Such contractor may dispose of trash, rubbish, debris and other construction materials either Personally or by contracting with a trash collection company. 7.12 Screens, Awnings Flags and Other Accessories. No pool cabanas, guest houses, gazebos, greenhouses, decks, screens, storm doors, awnings, flags, clothes lines, basketball goals (whether attached or movable) and similar exterior accessories shall be installed or used on or about any Lot without the prior written approval of the DRC. In considering whether to approve any such accessory, the DRC shall consider the location, size, visual impact on the Lot and proximity to adjacent Lots, aesthetic appeal and harmony of exterior design in relation to surrounding structures. Use or installation of any such accessory shall also be subject to such rules and regulations as may 24 be adopted by the Association from lime to time. In any event, if any such accessories are permitted by the DRC and the Association, the Owner installing same on its Lot shall be responsible to fully and properly maintain such accessories at all times. 7.13 Storag-. No tanks for the storage of gas, fuel, oil, chemicals or other matter shall be erected, placed or permitted above the surface on any Lot. No detached storage buildings, service yards, woodpiles or storage areas shall be permitted on any Lot without the approval of the DRC, which may require enclosure or screening, such as privacy fences, landscaping or benming, to conceal such area from the view of neighboring Lots. 7.14 Antennae or Electrical or Cooling Devices. No exterior television antenna, radio antenna or satellite transmitting or receiving devices shall be placed, allowed or maintained upon any portion of any dwelling or other structure located upon a Lot or any other portion of the Property without the express written consent of the Association or the DRC. In addition, no electronic devices or systems causing unreasonable electrical interference with radio or television receivers located within a dwelling upon any Lot shall be placed or maintained on any Lot. Notwithstanding the foregoing, a single satellite dish with horizontal elements not in excess of eighteen (18) inches in diameter will be allowed on a Lot, provided the Owner screens, conceals, installs the satellite dish below the level of the peak of the roofline, or otherwise minimizes the visual impact of the satellite dish to the extent feasible. No air conditioners shall be mounted on the exterior of any dwelling. The DRC may grant relief from the provisions of this Section for good cause shown. 7.15 Electrical, Television Natural Gas and Telephone Service. All electrical, television, natural gas and telephone service installations shall he placed underground. 7.16 Water and Sanitation. Each structure designed for occupancy shall connect with water and sanitation facilities as are made available from time to time by the County or any other approved utility supplier. 7.17 Welts. All water wells shall be located on the Lot that is served by the well. Water wells shall be maintained and operated in a manner that will protect ground and surface waters from any contamination whether biological and/or chemical. All water wells shall be constructed and operated using current best practices. All required approval from appropriate governmental authorities shall first be obtained by Owners before constructing and operating any water well. No well from which oil, or gas is produced shall be dug, nor shall storage tanks, reservoirs, or any installation of power, telephone or other utility lines (wire, pipe, or conduit) be made or operated anywhere on the Property except in connection with a public agency or duly certified public utility companies; provided, however, that the foregoing shall not prevent the drilling of or installation of water wells by the Association, or the Declarant or its assigns, provided further that all required approval from appropriate governmental authorities shall first be obtained. 25 7.18 Temporary Strictures. No temporary structures shall be permitted except as may be determined to be necessary during construction and as specifically authorized by the DRC, and except as necessary for the exercise by Declarant of the Special Declarant Rights. 7.19 Outside Ruining. There shall be no exterior fires, except barbecues, outside fireplaces and braziers contained within facilities or receptacles and in areas designated and approved by the DRC. Incinerators and incinerator fires are prohibited. No Owner shall permit any condition upon its portion of the Property that creates a fire hazard or is in violation of fire prevention regulations. 7.20 Noise. No exterior horns, whistles, bells or other sound devices, except security devices used exclusively to protect the security of the Property or Improvements, shall be placed or used on any portion of the Property. 7.21 I i 'hu ng. All exterior lighting of the Improvements and grounds on the Property shall be subject to regulation by the Design Review Committee. 7.22 Nuisances. No obnoxious or offensive activity shall be carried on upon any Lot or the Common Element, nor shall anything be done thereon which may be, or may become, an annoyance or nuisance to any other Owner. Nothing contained herein shall be construed as prohibiting or restricting construction activities by Declarant at any time, seven (7) days per week. 7.23 Ilse of Facilities. The common facilities provided by the Residential Association for the use and benefit of Owners of Lots within the Residential Community shall be subject to such reasonable rules and regulations as may be adopted from time to time by the Association. No Owner or such Owner's family members or guests, invitees or tenants shall engage in any activity which violates any such rules and regulations. 7.24 Enforcement. The Association may take such action as it deems advisable to enforce this Declaration as provided in this Declaration. In addition, the Association and the Design Review Committee shall have a right of entry on any part of the Property for the purposes of enforcing this Article, and any costs incurred by the Association or the Design Review Committee in connection with such enforcement which remain unpaid thirty (30) days after the Association has given notice of the cost to the Owner and otherwise complied with the Act shall be subject to interest at the Default Rate from the date of the advance by the Association or the Design Review Committee through the date of payment in full by the Owner, and shall be treated as a Default Assessment enforceable as provided in Article X. ARTICLE VIII. MAINTENANCE 8.1 Owner's Responsibility for l.ot. Except as provided in the Residential Community Documents or by written agreement with the Association, all maintenance of a Lot and the Improvements located thereon shall be the sole responsibility of the Owner of the Lot. Each Owner 26 • shall maintain his Lot and Improvements in accordance with the community-wide standards of the Residential Community. The Association may, in the discretion of the Board, assume the maintenance responsibilities of such Owner if, in the opinion of the Board, the level and quality of maintenance being provided by such Owner does not satisfy such standards. Before assuming the maintenance responsibilities, the Board shall notify the Owner in writing of its intention to do so, and if the Owner has not commenced and diligently pursued remedial action within thirty (30) days after the mailing of such written notice, then the Association may proceed. The expenses of the maintenance by the Board shall be reimbursed to the Association by the Owner within thirty (30) days after the Association notifies the Owner of the amount due, and any sum not reimbursed within that thirty (30) day period shall bear interest at the Default Rate from the date of the expenditure until payment in full. Such charges shall be a Default Assessment enforceable as provided in Article X. 8.2 Owner's Negligence. If the need for maintenance, repair or replacement of any portion of the Common Element (including Improvements located on it) arises because of the negligent or willful act or omission of an Owner or his family member, guest, invitee or tenant, then the expenses incurred by the Association for the maintenance, repair or replacement shall be a Personal obligation of that Owner. If the Owner fails to repay the expenses incurred by the Association within thirty (30) days after the notice to the Owner of the amount owed, then those expenses shall bear interest at the Default Rate from the date of the advance by the Association until payment by the responsible Owner in full, and all such expenses and interest shall become a Default Assessment enforceable as provided in Article X. 8.3 Association's Easement to Perform Work, The Association shall have an easement across each Lot permitting the Association, its employees, agents, and independent contractors, to enter upon the Lot as reasonably necessary in order to perform the work to be performed on the Lot by the Association pursuant to this Declaration. All Persons performing such work shall use their best efforts to minimize interference with the Owner's use and enjoyment of the Lot when performing such work. ARTICLE IX. PROPERTY RIGHTS IN COMMON ELE,MFNT 9.1 Dedication of Common Element. Declarant hereby dedicate the Common Element to the common use and enjoyment of the Owners, as hereinafter provided. 9.2 Owners' Easements of Enjoyment. Every Owner shall have a right and easement of enjoyment in and to the Common Element and such easement shall be appurtenant to and shall pass with title to every Lot, subject to the following provisions: (a) The right of the Association to promulgate and publish reasonable Rules and Regulations as provided in the respective Declaration. 27 (b) The right of the Association to suspend rights to use the Common Element by an Owner for any period during which any Assessment against the Owner's Lot remains unpaid to the Association and for a period not to exceed sixty (60) days for any infraction of the Association's published rules and regulations. (c) The right of the Association acting through the Executive Board, to dedicate or transfer all or any part of the Common Element to any municipality, county, state or public entity or utility for such purposes and subject to such conditions as may be agreed to by the Members; provided that no such dedication or transfer shall be effective unless the Members entitled to cast at least sixty-seven percent (67%) of the votes of the Association agree to such dedication, transfer, purpose, and condition, and unless written notice of the proposed agreement and action is sent to every Member at least thirty (30) days in advance of any action taken by the Executive Board; and provided further that the granting of easements for public utilities or for other public purposes consistent with the intended use of the Common Element shall not be deemed a transfer within the meaning of this clause. (d) The right of the Association to close or limit use of the Common Element while maintaining,repairing and making replacements in the Common Element. 9.3 Dele'ation of Use Any Owner may delegate, in accordance with the Bylaws, the Owner's right of enjoyment to the Common Element and facilities to the members of his or her family, tenants, employees, guests or invitees who reside on or lawfully occupy the Owner's Lot. 9.4 Easements for Utilities Infrastructure and Access. Declarant reserves for itself and its successors and assigns and hereby grants to the Association, acting through the Executive Board, the concurrent right to administer and enforce, by Declaration or otherwise, easements over, upon, and under the Common Element shown on the final plat for Sorrel Ridge P.U.D. 9.5 Utilities. There is created within the final plat for Sorrel Ridge P.U.D. certain easements over, upon, and under the Common Element for installation, operation. replacement, repair and maintenance of utility lines and/or facilities, subject to strict compliance with the following conditions by the Person installing, or upon completion of installation, owning or providing the utility service: (a) Written notice to the Declarant of the planned installation with a copy of the plans showing the location and installation of the lines and facilities attached. (b) Compliance with all requirements and instructions of the Declarant concerning the proposed installation in order to eliminate or minimize disruption, damages, or interference with existing utilities and ensure an orderly, efficient occupancy of easements. (c) Upon completion of the installation of lines and facilities, a complete set of as- built drawings shall be delivered to the Declarant in addition to those required by any public 28 entity. Notwithstanding the foregoing provisions, the Declarant reserves the right to require any Person intending to install utility lines and/or facilities over, upon, or under the Common Element to obtain a specific easement for the applicant's occupancy prior to commencement of installation. 9.6 Emergency Access Easement. A general easement is hereby granted to all police, sheriff, fire protection, ambulance, and all other similar emergency and public safety agencies or services to enter upon the Common Element in the lawful and proper performance of their duties. 9.7 Declarant' Rights Incident to Construction. Declarant, for itself and its successors and assigns, hereby retains a right and easement of ingress and egress over, upon, and under the Common Element and the right to store materials thereon and to make such other use thereof as may be reasonably necessary or incident to the construction of the Improvements in Sorrel Ridge P.U.D. or other real property owned by Declarant; provided that no such rights shall be exercised by Declarant in such a way as to unreasonably interfere with the occupancy, use, enjoyment, or access to an Owner's Lot by that Owner or his family, tenants, employees, guests, or invitees. ARTICLE X. COVENANT FOR MAINTENANCE ASSFSSMFNTS 10.1 Creation of the Lien and Personal Obligation for Assessments. Declarant, for each Lot owned within the Property, hereby covenants, and each Owner of any Lot, by acceptance of a deed therefore, whether or not it shall be so expressed in any such deed, are deemed to covenant and agree to pay to the Association: (a) Annual Assessments or charges as provided in this Declaration to generally carry out the functions of the Association. (b) Special Assessments for capital Improvements and other purposes as stated in this Declaration, such Annual and Special Assessments to be fixed, established, and collected from time to time as provided below. (c) Default Assessments which may be assessed against a Lot pursuant to the Residential Community Documents for the Owner's failure to perform an obligation under the Residential Community Documents or because the Association has incurred an expense on behalf of the Owner under the Residential Community Documents. The Annual, Special, and Default Assessments, together with Fines, interest, costs, and reasonable attorneys' (and legal assistants') fees and other charges allowed under the Act, shall be a charge on the land and shall be a continuing lien upon the Lot against which each such Assessment is made until paid. 29 Each such Assessment, together with Fines, interest, costs, and reasonable attorneys' fees and other charges allowed under the Act, shall also be the Personal obligation of the Owner of such Lot as of the time the Assessment falls due, and two (2) or more Owners of a Lot shall be jointly and severally liable for such obligations. 10.2 Purpose of Assessments. The Assessments levied by the Association shall be used exclusively to improve and maintain the Common Element (or Property outside of the Residential Community if such action might enhance Property values within the Residential Community or otherwise further the purpose and intent of this Declaration) by actions including, but not limited to, the payment of taxes and insurance on the Common Element; payment for operation, maintenance, repair, replacement, and additions to any other Improvements on the Common Element; establishment of reserve accounts; payment of the cost of labor, equipment, materials, management, and supervision, and the salary or fee of the Manager. 10.3 Calculation and Apportionment of Assessments and Expenses. The Executive Board shall prepare a budget before the closing of each fiscal year of the Association and submit the budget to the Association. Annual Assessments for Common Expenses shall be based upon the estimated net cash flow for the Association to cover items including, without limitation, the cost of routine maintenance, repair and operation of the Common Element; expenses of management; premiums for insurance coverage required by law or deemed prudent or necessary by the Board; snow removal, Landscaping, care of grounds and common lighting within the Common Element; routine renovations within the Common Element; wages; common water and utility charges for the Common Element; legal and accounting fees; management fees; taxes and capital Improvements; 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 supplementing of the Association's funds for general, routine maintenance, repairs and replacement of Improvements within the Common Element on a periodic basis, as needed; the creation of reasonable contingency reserves, working capital and/or sinking funds; and any other costs, expenses and fees, which may he incurred or may reasonably be expected to be incurred by the Association for the benefit of the Owners under or by reason of this Declaration. Each Owner shall be responsible for that Owner's share of the Common Expenses based on the Owner's Membership Interest as defined. Notwithstanding the preceding sentence, any Common Expenses or portion thereof benefiting fewer than all of the Lots shall be assessed exclusively against the Lots benefited. Further, the costs of insurance may be assessed in proportion to risk, and the costs of utilities may be assessed in proportion to usage. 10.4 Special Assessments. In addition to the Annual Assessments authorized by Sections 10.1 and 10.3, above, the Executive Board may levy in any fiscal year one (1) or more Special Assessments, applicable to that year only, for the purpose of defraying, in whole or in part, the cost of any construction or reconstruction, repair or replacement of a described capital Improvement upon the Common Element, including the necessary fixtures and Personal Property 30 related thereto, or, after adopting and submitting a revised budget to the Association, to make up any shortfall in the current year's budget. If any of the Special Assessments levied pursuant to this Section shall be used for the construction of new facilities (as opposed to repair and reconstruction of existing facilities) in the Residential Community and if the total amount of Special Assessments levied for such construction exceeds twenty-five percent (25%) of the gross annual budget for the Association for that year, then the use of Special Assessments for such construction shall require the approval of the Owners representing at least sixty-seven percent (67%) of the votes of the Association Membership. 10.5 Uniform Rate of Assessment. Both Annual Assessments and Special Assessments must be fixed at a uniform rate for each type of Lot classified by type of use or other distinguishing characteristics, but the basis and rate of Assessments for each type of use or other characterization may be varied as provided in this Section. 10.6 Common Fxpenses Attributable to Fewer than All lots. Common Expenses attributable to fewer than all the Lots shall be subject to the following: (a) An Assessment to pay a judgment against the Association may be made only against the Lots in the Residential Community at the time the judgment was entered, in proportion to their respective liabilities for Common Expenses. (b) If a Common Expense is caused by the misconduct of an Owner, the Association may assess that expense exclusively against that Owner's Lot. c) Fees, charges, taxes, impositions, late charges, Fines, collection costs and interest charged against an Owner pursuant to this Declaration, or the Residential Community Documents are enforceable as Common Expense Assessments. (d) Any Common Expense or portion thereof benefiting fewer than all of the Lots must be assessed exclusively against all the Lots benefited in the proportions determined by the Board after considering the relative size and value that the Lots being benefited bear to all Lots benefited. 10.7 Date of Commencement of Annual Assessments and Payment Period. The Annual Assessments shall commence as to all Lots situated on the Property and Expansion Property that has been transferred to an Owner other than the Declarant no later than thirty (30) days after the date of the conveyance by Declarant of a Lot to said Owner. The first Annual Assessment shall be prorated according to the number of months remaining in the calendar year. 10.8 Collection. Assessments shall be collected on a periodic basis as the Executive Board may determine from time to time, but until the Board directs otherwise, Assessments shall 31 be payable monthly in advance on the first day of each calendar month. The omission or failure of the Association to fix Assessments for any Assessment period will not be deemed a waiver, modification, or release of the Owners from their obligation to pay the same. 10.9 Default Assessments. All monetary Fines, penalties, interest or other charges or fees assessed against an Owner pursuant to the Residential Community 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 Residential Community Documents and any expense (including, without limitation, attorneys' fees) incurred by the Association as a result of the failure of an Owner to abide by the Residential Community Documents, shall be a Default Assessment and shall become a lien against such Owner's Lot which may be foreclosed or otherwise collected as provided in this Declaration. 10.10 Effect of Nonpayment of Assessment. Any Assessment installment, whether pertaining to Annual, Special, or Default Assessments, which is not paid within thirty (30) days after its due date shall be delinquent. In the event that an Assessment installment becomes delinquent or in the event any Default Assessment is established under this Declaration, the Association, in its sole discretion, may take any or all of the following actions: (a) Assess a late charge for each delinquency at uniform rates set by the Executive Board from time to time. (b) Assess an interest charge from the date of delinquency at the Default Rate, which rate shall be the maximum rate allowed by law. (c) Suspend the voting rights of the Owner during any period of delinquency. (d) Accelerate all remaining Assessment installments for the fiscal year in question so that unpaid Assessments for the remainder of the fiscal year shall be due and payable at once. (e) Bring an action at law against any Owner Personally obligated to pay the delinquent installments. (f) File a statement of lien with respect of the Lot, and foreclose as set forth in more detail below. The remedies provided under this Declaration shall not be exclusive, and the Association may enforce any other remedies to collect delinquent Assessments as may be provided by law. Any Assessment chargeable to a Lot shall constitute a lien on the Lot, effective the due date of the Assessment. To evidence the lien, the Association may, but shall not be obligated to, prepare a written lien statement with respect to the Lot, setting forth the name of the Owner, the 32 legal description of the Lot, the name of the Association, and the delinquent Assessment amounts then owing. Any such statement shall be duly signed and acknowledged by the President or a Vice President of the Association or by the Manager, and shall be served upon the Owner of the Lot by mail to the address of the Lot or at such other address as the Association may have in its records for the Owner. At least ten (10) days after the Association mails the statement to the Owner, the Association may record the statement in the office of the Clerk and Recorder of Weld County, Colorado. The Association may proceed to foreclose the statement of lien in the same manner as provided for the foreclosure of Mortgages under the statutes of the State of Colorado. In either a Personal action or foreclosure action, the Association shall be entitled to recover as a part of the action, the interest, costs, and reasonable attorneys' fees (including legal assistants' fees) with respect to the action. No Owner may waive or otherwise escape liability for the Assessments provided for in this Declaration by nonuse of the Common Element or by abandonment of his Lot. 10.11 Successor's Liability for Assessment. In addition to the Personal obligation of each Owner to pay all Assessments and the Association's perpetual lien for such Assessments, all successors to the fee simple title of a Lot, except as provided in Section 10.12, below, shall be jointly and severally liable along with the prior Owner or Owners thereof for any and all unpaid Assessments, interest, late charges, costs, expenses, and attorneys' fees and legal assistants' fees against such Lot without prejudice to any such successor's right to recover from any prior Owner any amounts paid by such successor. This liability of a successor shall not be Personal and shall terminate upon termination of such successor's fee simple interest in the Lot. In addition, such successor shall be entitled to rely on the statement of status of Assessments by or on behalf of the Association under Section 10.14, below. 10.12 Waiver of Homestead Exemption. Subordination of the Lien. The lien of the Assessments shall be superior to and prior to any homestead exemption provided now or in the future by any federal law or the laws of the State of Colorado, and to all other liens and encumbrances except the following: (a) Liens and encumbrances recorded before the date of the recording of this Declaration. (b) Liens for real estate taxes and other governmental Assessments or charges duly imposed a Colorado governmental or political subdivision or special taxing district,or any other liens made superior by statute. (c) The lien for all sums unpaid on a first Security Interest perfected before the date on which the Assessment sought to be enforced is levied, including any and all advances made by the first Security Interest Holder and notwithstanding that any of such advances may have been made subsequent to the date of attachment of the Association's lien. 33 A lien under this Section is also prior to all Security Interests to the extent that the Assessments are based on the periodic budget adopted by the Association and which would have become due, in the absence of acceleration, prior to institution of an action to enforce either the Association's lien or a Mortgage, and statutory liens recognized under Colorado law. All other Persons who hold a lien or encumbrance not described in subsections (a) through (c) above, shall be deemed to consent that any such lien or encumbrance shall be subordinate to the Association's future liens for Assessments, interest, late charges, costs, expenses and attorneys' fees, as provided in this Article, whether or not such consent is specifically set forth in the instrument creating any such lien or encumbrance. 10.13 Statement of Status of Assessments. The Association shall furnish to an Owner or his designee or to any Security Interest Holder a statement setting forth the amount of unpaid Assessments then levied against the Lot in which the Owner, designee or Security Interest Holder has an interest. The Association shall deliver the statement Personally or by certified mail, first class postage prepaid, return receipt requested, to the inquiring party within fourteen (14) calendar days after the registered agent of the Association receives the request by Personal delivery or by certified mail, first class postage prepaid, or return receipt requested. The information contained in such statement, when signed by the Treasurer of the Association or the Manager, shall be conclusive upon the Association, the Board, and every Owner as to the Person or Persons to whom such statement is issued and who rely on it in good faith. The Association may charge such fee for this service as it determines to be appropriate from time to time. 10.15 Failure to Assess. The omission or failure of the Board to fix the Assessment amounts or rates or to deliver or mail to each Owner an Assessment notice shall not be deemed a waiver, modification or release of any Owner from the obligation to pay Assessments. In such event, each Owner shall continue to pay Annual Assessments on the same basis as for the last year for which an Assessment was made until a new Assessment is made, at which time any shortfalls in collections may be assessed retroactively by the Association in accordance with any budget procedures as may be required under the Act. ARTICLE XI. DAMAGE OR DFSTRJ ICTION 11.1 Estimate of Damage or Destruction. As soon as practical after an event causing damage to or destruction of any part of the Common Element, the Association shall, unless such damage or destruction shall be minor, obtain an estimate or estimates that it deems reliable and complete of the costs of repair and reconstruction of that part of the Common Element so damaged or destroyed. "Repair and reconstruction" as used in this Article shall mean restoring the damaged or destroyed Improvements to substantially the same condition in which they existed prior to the damage or destruction. 34 11.2 Repair and Reconstruction. As soon as practical after obtaining estimates, the Association shall diligently pursue to completion the repair and reconstruction of the damaged or destroyed Improvements. As attorney-in-fact for the Owners, the Association may take any and all necessary or appropriate action to effect repair and reconstruction, and no consent or other action by any Owner shall be necessary. Assessments of the Association shall not be abated during the period of insurance adjustments and repair and reconstruction. 11.3 Funds for Repair and Reconstruction. The proceeds received by the Association from any hazard insurance shall be used for the purpose of repair, replacement, and reconstruction. If the proceeds of the insurance are insufficient to pay the estimated or actual cost of such repair and reconstruction, the Association may, pursuant to Article X above, levy, assess, and collect in advance from all Owners, without the necessity of a special vote of the Owners except as provided in Section 10.4, a Special Assessment sufficient to provide funds to pay such estimated or actual costs of repair and reconstruction. Further levies may be made in like manner if the amounts collected prove insufficient to complete the repair and reconstruction. 11.4 Disbursement of Funds for Repair and Reconstruction. The insurance proceeds held by the Association and the amounts received from the Special Assessments provided for in Article X above, constitute a fund for the payment of the costs of repair and reconstruction after casualty. It shall be deemed that the first money disbursed in payment for the costs of repair and reconstruction shall be made from insurance proceeds, and the balance from the Special Assessments. If there is a balance remaining after payment of all costs of such repair and reconstruction, such balance shall be distributed to the Owners in proportion to the contributions each Owner made as a Special Assessment to the Association under Section 10.4, above, or, if no Special Assessments were made, then on the basis of the allocation to the Owners of Common Expenses under Section 10.3, above, first to the Security Interest Holders and then to the Owners, as their interests appear. 11.5 Decision Not to Rebuild. If Owners representing at least sixty-seven percent (67%)of the votes in the Association, including the vote of every Owner of Improvements that will not be restored and including, during the Special Declarant Rights Period, the vote of Declarant, and any other votes required by the Act, agree in writing not to repair and reconstruct and no alternative Improvements are authorized, then and in that event the Property shall be restored to its natural state and maintained as an undeveloped portion of the Common Element by the Association in a neat and attractive condition. Any remaining insurance proceeds shall be distributed in accordance with the Act. 11.6 Damage or Destruction Affecting I In the event of damage or destruction to the Improvements located on any of the Lots, the Owner thereof shall promptly repair and restore the damaged Improvements to their condition prior to such damage or destruction. If such repair or restoration is not commenced within one hundred eighty (180) days from the date of such damage or destruction, or if repair and reconstruction is commenced but then abandoned for a period of 35 more than sixty (60) days, then the Association may, after notice and hearing as provided in the Bylaws, impose a fine accruing at the rate of One Thousand Dollars (S1,000.00) per day or such other rate imposed by the Board in compliance with the Act, charged against the Owner of the Lot until repair and reconstruction is commenced, unless the Owner can prove to the satisfaction of the Association that such failure is due to circumstances beyond the Owner's control. Such fine shall be a Default Assessment and lien against the Lot as provided in Article X, above. ARTICLE XII. CONDFMNATION 12.1 Rights of Owners. Whenever all or any part of the Common Element shall be taken or conveyed in lieu of and under threat of condemnation by any authority having the power of condemnation or eminent domain, each Owner shall be entitled to notice of the taking, but the Association shall act as attorney-in-fact for all Owners in the proceedings incident to the condemnation proceeding, unless otherwise prohibited by law. 12.2 Partial Condemnation; Distribution of Award: Reconstruction. The award made for such taking shall be payable to the Association as trustee for all Owners to be disbursed as follows: (a) If the taking involves a portion of the Common Element on which Improvements have been constructed, then, unless, within sixty (60) days after such taking, Owners representing at least sixty-seven percent (67%) of the votes in the Association, including, during the Special Declarant Rights Period, the vote of Declarant, shall otherwise agree, the Association shall restore or replace such Improvements so taken on the remaining land included in the Common Element to the extent lands are available therefor, in accordance with plans approved by the Executive Board, the DRC, the County, if required, and any other authority having jurisdiction in such matters. (b) If such Improvements are to be repaired or restored, the provisions in Article XII above regarding the disbursement of funds in respect to casualty damage or destruction which is to be repaired shall apply. (c) If the taking does not involve any Improvements on the Common Element, or if there is a decision made not to repair or restore, or if there are net funds remaining after any such restoration or replacement is completed, then such award or net funds shall be distributed on the basis of the Common Expenses allocated to the Owners under Article XII, above, first to the Security Interest Holders and then to the Owners, as their interests appear. 12.3 Complete Condemnation. If all of the Residential Community is taken, condemned, sold, or otherwise disposed of in lieu of or in avoidance of condemnation, then the regime created by this Declaration shall terminate, and the portion of the condemnation award attributable to the Common Element shall be distributed as provided in Article XII, above. 36 ARTICLE XIII. INSURANCE 13.1 General Insurance Provisions. All insurance coverage obtained by the Executive Board shall conform to any minimum requirements of the Act. 13.2 Authority to Purchase. All insurance policies relating to the Common Element shall be purchased by the Executive Board or its duly authorized agent. The Executive Board, the Manager, and Declarant shall not be liable for failure to obtain any coverage required by this Article or for any loss or damage resulting from such failure if such failure is due to the unavailability of such coverage from reputable insurance companies, or if such coverage is available only at demonstrably unreasonable costs. Notwithstanding the foregoing, if the insurance described in Sections 13.3 and 13.4, below, is not reasonably available, or if any policy of such insurance is cancelled or not renewed without a replacement policy having been obtained, the Association promptly shall cause notice of that fact to be hand delivered or otherwise delivered to Owners by such methods as required by the Act. 13.3 Physical Damage Insurance on Common Element. The Association shall obtain insurance for all insurable Improvements, if any, owned by it on the Common Element in an amount equal to the full replacement value (i.e., one hundred percent [100%] of the current "replacement cost" exclusive of land, foundation, excavation, depreciation on personal property, and other items normally excluded from coverage), which shall include all building service equipment and the like, common personal property and supplies, and any fixtures or equipment upon the Common Element. In addition, such policy shall provide the following: (a) Loss or damage by fire and other hazards covered by the standard extended coverage endorsement with the standard "all-risk" endorsement covering sprinkler leakage, debris removal, cost of demolition, vandalism, malicious mischief; windstorm, and water damage. (a) Such other risks as shall customarily be covered with respect to projects similar in construction, location, and use to the Common Element. (c) A waiver of any right of the insurer to repair, rebuild or replace any damage or destruction, if a decision is made pursuant to this Declaration not to do so. (d) The following endorsements (or equivalent): cost of demolition; contingent liability from operation of building laws or codes; increased cost of construction; agreed amount or elimination of co-insurance clause; and inflation guard (if available). (e) The deductible, if any, on any insurance policy purchased by the Executive Board may be treated as a Common Expense payable from Annual Assessments or Special Assessments allocable to all of the Lots or to only some of the Lots, if the claims or 37 damages arise from the negligence of particular Owners (if the repairs benefit only particular Owners), or as an item to he paid from any working capital reserves established by the Executive Board. Except as otherwise set forth in this Article, the maximum deductible amount shall be the lesser of Ten Thousand Dollars (S 10,000.00) or one percent (1%) of the policy face amount. Prior to obtaining or renewing any policy of physical damage insurance, the Executive Board shall review or obtain an appraisal of the then current replacement cost of Improvements (exclusive of the land, excavations, foundations and other items normally excluded from such coverage) for the purpose of determining the amount of physical damage insurance to be secured pursuant to this Article. 13.4 Liability Insurance. The Association shall obtain a comprehensive policy of commercial general liability insurance and property damage insurance as provided by the Act with such limits as the Executive Board may from time to time determine, insuring each member of the Executive Board, the Association, the Manager, and the respective employees, agents and all persons acting as agents of the Association against any claims and liability in connection with the ownership, existence, use, operation, maintenance, or management of the Common Element and alleys, sidewalks, streets and roads within The Residential Community and any other areas under the control of the Association. Declarant shall be included as an additional insured in Declarant' capacity as an Owner. The Owners shall be included as additional insureds, but only for claims and liabilities arising in connection with the ownership, existence, use, operation, maintenance, or management of the Common Element Such comprehensive policy of public liability insurance shall include the following: (a) Coverage for contractual liability, liability for non-owned and hired automobiles, and, if applicable, host liquor liability, employer's liability, and such other risks as shall customarily be covered with respect to developments similar to The Residential Community in construction, location, and use. (b) A cross liability endorsement under which the rights of a named insured under the policy shall not be prejudiced with respect to an action against another insured. The Executive Board shall review the coverage and limits at least once every two (2) years, but, generally, the Executive Board shall carry such amounts of insurance usually required by private institutional mortgage lenders on projects similar to The Residential Community, and in no event shall such coverage be less than One Million Dollars (51,000,000.00) for all claims for bodily injury or property damage arising out of one (1) occurrence. Reasonable amounts of "umbrella" liability insurance in excess of the primary limits shall also be obtained in an amount not less than Two Million Dollars (S2,000,000.00). 13.5 Fidelity Insurance. Fidelity bonds shall be maintained by the Association to protect 38 against dishonest acts on the part of its officers, directors, employees, and all others who handle or are responsible for handling the funds of or administered by the Association. If responsibility for handling funds is delegated to a Manager, such bonds shall be required for the Manager and its officers, employees, and agents, as applicable. Such bonds shall contain waivers by the issuers of all defenses based upon the exclusion of persons serving without compensation from the definition of "employees," or similar terms or expressions. Such bonds shall name the Association as an obligee and cover the maximum funds that will be in the custody of the Association or any management agent at any time while the bond is in force. 13.6 Flood Insurance. If any part of the Improvements, if any, on the Common Element are located in a Special Flood Hazard Area, which is designated A, AE, AH, AO, Al-30, A-99, V, VE or V1-30 on a Flood Insurance Rate Map, the Association shall obtain a policy of flood insurance in an amount equal to one hundred percent (100%) of the insurable value of the Improvements or the maximum coverage available under the appropriate National Flood Insurance Administration program. 13.7 Provisions Common to Physical Damage Insurance Liability Insurance, Fidelity Insurance and Flood Insurance. Any insurance coverage obtained by the Association under the provisions of this Article above shall be subject to the following provisions and limitations: (a) The named insured under any such policies shall include Declarant, until all of the Lots have been conveyed, and the Association, as attorney-in-fact for the use and benefit of the Owners, or the authorized representative of the Association (including any trustee with whom the Association may enter into an insurance trust agreement, or any successor trustee, each of which is sometimes referred to in this Declaration as the "Insurance Trustee"), who shall have exclusive authority to negotiate losses under such policies. (b) Each Owner shall be an insured person with respect to liability arising out of the Owner's interest in the Common Element or membership in the Association. (c) In no event shall the insurance coverage obtained and maintained pursuant to this Article be brought into contribution with insurance purchased by the Owners or their Security Interest Holders. (d) The policies shall provide that coverage shall not be prejudiced by: any act or neglect of any Owner (including an Owner's family, tenants, servants, agents, invitees, and guests) when such act or neglect is not within the control of the Association; any act or neglect or failure of the Association to comply with any warranty or condition with regard to any portion of The Residential Community over which the Association has no control; or conduct of any kind on the part of an Owner (including the Owner's family, tenants, employees, agents, invitees and guests)) or any Director, officer, employer, or Manager of the Association, without prior demand to the Association and a reasonable opportunity to 39 cure. (e) The policies shall contain the standard mortgagee clause commonly accepted by private institutional mortgage investors in the area in which The Residential Community is located, and provide that coverage may not be cancelled in the middle or at the end of any policy year or other period of coverage or substantially modified or reduced (including cancellation for nonpayment of premiums) without at least thirty (30) days' prior written notice mailed to the Association and to each Person to whom a certificate of insurance has been issued, at their respective last known addresses. (0 The policies shall contain a waiver by the insurer of any right to claim by way of subrogation against Declarant, the Executive Board, the Association, the Manager, and any Owner and their respective agents, employees, or tenants, and in the case of Owners, members of their households, and of any defenses based upon co-insurance. (g) The policies described in Sections 13.3 and 13.4, above, shall provide that any "no other insurance" clause shall expressly exclude individual Owners' policies from its operation so that the physical damage policy or policies purchased by the Executive Board shall be deemed primary coverage, and any individual owners' policies shall be deemed excess coverage. 13.8 Personal I iability Insurance of Officers and Directors. To the extent obtainable at reasonable cost, appropriate officers' and directors' personal liability insurance may be obtained by the Association to protect the officers and Directors from personal liability in relation to their duties and responsibilities in acting as such officers and Directors on behalf of the Association. 13.9 Workmen's Compensation Insurance. The Association shall obtain workmen's compensation or similar insurance with respect to its employees, if any, in the amounts and forms as may now or hereafter be required by law. 13.10 Other Insurance. The Association may obtain insurance against such other risks, of a similar or dissimilar nature, as it deems prudent and appropriate with respect to the Association's responsibilities and duties. 13.11 Insurance Obtained by Owners. No insurance coverage obtained by an Owner covering the Owner's personal property and personal liability shall operate to decrease the amount which the Executive Board, on behalf of all Owners, may realize under any policy maintained by the Executive Board or otherwise affect any insurance coverage obtained by the Association or cause the diminution or termination of that coverage. Any such insurance obtained by an Owner shall include a waiver of the particular insurance company's right of subrogation against the Association and other Owners. 40 ARTICLE XIV. INDEMNIFICATION To the full extent permitted by law, each officer and Member of the Executive Board of the Association shall be and is hereby indemnified by the Members and Owners and the Association against all expenses and liabilities, including attorneys' fees, reasonably incurred by or imposed upon him or her in any proceeding to which he or she may be a party, or in which he or she may become involved, by reason of his or her being or having been an officer or Director on the Executive Board of the Association, or any settlement thereof, whether or not he or she is an officer or a Member of the Executive Board of the Association at the time such expenses are incurred, except in such cases where such officer or Member of the Executive Board is adjudged guilty of willful misfeasance or malfeasance in the performance of his or her duties; provided that in the event of a settlement, the indemnification shall apply only when the Executive Board approves such settlement and reimbursement as being in the best interests of the Association. ARTICLE XV. SPFCIAI DEC AR ANT RIGHTS AND ADDITIONAL, RESERVED RIGHTS 15.1 Special Declarant' Rights. Declarant hereby expressly reserves the right, for a period of ten (10) years following the recordation of this Declaration in the Office of the Clerk and Recorder of Weld County, Colorado, to perform the acts and exercise the rights hereinafter specified ("Special Declarant Rights"). The Special Declarant Rights, including development rights, are the following: (a) Control of Association and Executive Board. The right to remove any officer or Member of the Executive Board during the Period of Declarant Control. (b) Completion of Improvements. The right to complete Improvements indicated on Plats filed with Weld County, Colorado, as they may be amended from time to time. (c) Constriction and Access Easements. The right to use easements through the Common Element for the purpose of making Improvements and to provide access to all real estate within Sorrel Ridge P.U.D. The right to construct, and complete the construction of Improvements on the Common Element. (d) Mergtr. The right to merge or consolidate part or all of Sorrel Ridge P.U.D. with another developed property of the same form of Ownership and to merge or consolidate the Association with any association or associations governing all or any part of a common interest community in Sorrel Ridge P.U.D. (e) Annexation of Expansion Property. The right to annex all or part of any 41 Expansion Property to the Property. (1) Creation of 1 ots. The right to create Lots and Common Element on the Property, except as otherwise specifically limited in this Declaration. (g) Withdrawal of Property. The right to withdraw real estate, whether contained within the Property initially subject to this Declaration or within the Expansion Property, from the Residential Community. (h) Sales Offices. The right to construct, maintain and/or relocate from time to time, model residences, sales offices, construction offices, management offices, signs advertising the Lots and to conduct sales activities thereon. Such rights shall include, without limitation, the right to install signage, both fixed and movable, flags and flag poles. 15.2 Additional Reserved Rights. In addition to the Special Declarant Rights set forth in Section 15.1, above, Declarant also reserves the following additional rights ("Additional Reserved Rights"): (a) Use Agreements. The right to enter into, establish, execute, amend and otherwise deal with contracts and agreements for the use, lease, repair, maintenance or regulation of the Improvements and other facilities constructed or to be constructed on the Common Element. (b) Colorado Common Interest Ownership Act. The right to amend this Declaration to comply with the requirements of the Colorado Common Interest Ownership Act in the event any provision contained herein does not so comply with the Act. (c) Fxecutive Hoard Votes and Common Expense Allocations. The right to determine the number of votes of Members on the Executive Board and allocations of Common Expenses to Members as provided by Sections 5.5 and 5.6 above. (d) Allocations Regarding Limited Common Element. The right to allocate specified areas which constitute a part of the Common Element as Limited Common Element for the exclusive use of the Owners of Lots to which the specified areas shall become appurtenant. (e) Right of Amend Declaration. The right to amend this Declaration and any Plat in connection with the exercise of any Development Right or any other Special Declarant Right to the extent permitted by the Act, and Declarant also reserves the additional rights retained for the benefit of Declarant in this Article and in other provisions of this Declaration. 15.3 Order of Fxercise of Declarant's Rights. Declarant makes no representations and gives 42 no assurances regarding the legal description or the boundaries of any phase of the Expansion Property or the order in which the phases of the Expansion Property may be developed or incorporated into the Residential Community. Further, the fact that Declarant may exercise one(1) or more of Declarant's rights on a portion of the Property, including the Expansion Property, shall not operate to require Declarant to exercise a right with respect to any other portion of the Property. 15.4 Rights Transferable. Any Special Declarant Right or Additional Reserved Right created or reserved under this Article for the benefit of Declarant may be transferred to any Person by an instrument describing the rights transferred and recorded in Weld County, Colorado. Such instrument shall be executed by Declarant and the transferee. ARTICLE XVI. FXPANSION 16.1 Reservation of Ri ht to Fxpand. Declarant reserves the right to, and the effect of this Declaration shall be expanded, to include all or any part of any and all Lots created within or annexed to Sorrel Ridge P.U.D. as Lots under this Declaration. The consent of the existing Owners or Security Interest Holders shall not be required for any such expansion, and Declarant may proceed with expansion without limitation at its sole option. Declarant shall have the unilateral right to transfer to any other Person this right to expand by an instrument duly recorded. Declarant shall pay all taxes and other governmental assessments relating to the expansion property as long as Declarant own such property. 16.2 Declaration of Annexation. Any such expansion shall be accomplished automatically, upon recording by the Declarant of a Declaration of Annexation and one (1) or more supplemental Plats describing the real estate sought to be included. Upon recording of a Declaration of Annexation in compliance with the terms of this Declaration, this Declaration shall automatically, and without further documentation, be deemed amended to include the expansion property described in such Declaration of Annexation as being subject to the terms of this Declaration. Upon recordation of a Declaration of Annexation, the definitions used in this Declaration shall be expanded automatically to encompass and refer to the expanded common interest community. An expansion of this Declaration to include additional Common Element may be accomplished upon recording by Declarant of a Declaration of Annexation on or before the expiration of the period of Special Declarant Rights. The Declaration of Annexation shall describe the real property to be added to the Common Element and submit the same to the covenants, conditions, restrictions and easements contained in this Declaration. Such Declaration of Annexation shall not require the consent of the Owners or Security Interest Holders. Any such expansion shall be effective upon the filing for record of a Declaration of Annexation and supplemental Plat. Any such expansion may be accomplished in stages by successive supplements or in any one supplemental expansion. 43 ARTICLE XVII. DRAINAGF. 17.1 Acknowledgment. Soils within the State of Colorado consist of expansive soils, low- density soils, and moisture retentive soils which will adversely affect the integrity of a dwelling if the dwelling and the Lot on which it is constructed are not properly maintained. Expansive soils contain clay minerals which have the characteristic of changing volume with the addition or subtraction of moisture, thereby resulting in swelling and/or shrinking soils. The addition of moisture to low-density soils causes a realignment of soil grains, thereby resulting in consolidation and/or collapse of the soils. 17.2 Moisture. Each Owner of a Lot shall use his or her best efforts to assure that the moisture content of those soils supporting the foundation and the concrete slabs forming a part of the dwelling constructed thereon remain stable and shall not introduce excessive water into the soils surrounding the dwelling. 17.3 Gradinp. Each Owner of a Lot shall maintain (and not alter) the grading and drainage patterns of the Lot as indicated in the subdivision plans on file with the Planning Office of the County. 17.4 Water Flow. The Owner of a Lot shall not impede or hinder in any way the water falling on the Lot from reaching the drainage courses established for the Lot and the Residential Community. 17.5 Action by Owner. To accomplish the foregoing, each Owner of a Lot covenants and agrees, among other things: (a) Not to install improvements, including, but not limited to, landscaping, items related to landscaping, walks, driveways, parking pads, patios, fences, walls, additions to a dwelling, or any other item or improvement which will change the grading of the Lot. (b) To fill with additional soil any back-filled areas adjacent to the foundation of the dwelling and in or about the utility trenches on the Lot in which settling occurs to the extent necessary from time to time maintain the grading and drainage patterns of the Lot. (c) Not to water the lawn or other landscaping on the Lot excessively. (d) Not to plant flower beds (especially annuals) and gardens adjacent to or within four(4) feet of the foundation and slabs of the dwelling located on the Lot. (e) To install any gravel beds in a manner which will assure that water will not pond in the gravel areas, whether due to non-perforated edging or due to installation of the 44 base of the gravel bed at a level lower than the adjacent lawn. (f) To install a moisture barrier (such as polyethylene) under any gravel beds, except any gravel beds in back-filled areas). (g) To assure that: (i) water that flows from downspout extensions or splash blocks is allowed to flow rapidly away from the foundation and/or slabs; and, (ii) splash blocks are maintained under sill cocks. (h) To re-caulk construction joints opening up between portions of exterior slabs and garage slabs in order to thereby seal out moisture. 17.6 Disclaimer. Declarant shall not be liable for any loss or damage to a dwelling caused by or in anyway connected with soil conditions or failure of an Owner to control drainage on any Lot. ARTICLE XIII. MISCFLLANFOIIS PROVISIONS 18.1 Enforcement. The Association or the Owner of any of the Lots on the Property may enforce the restrictions, conditions, covenants and reservations imposed by the provisions of Residential Community Documents by proceedings at law or in equity against any Person or against the Association violating or attempting to violate any of the said Articles, Bylaws or Rules and Regulations, or restrictions and limitations of this Declaration, either to recover damages for such violation, including reasonable attorneys' fees incurred in enforcing this Declaration, or to restrain such violation or attempted violation or to modify or remove structures fully or partially completed in violation hereof, or both. Failure of the Association, the Executive Board, DRC, or any Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. The Association shall not be liable to reimburse any Member or Owner for attorneys' fees or costs incurred in any suit brought by a Member or Owner to enforce or attempt to enforce any provision of the Residential Community Documents. 1. 18.2 Enforcement by Governmental Entity. The County of Weld (the "County") is \v N intended to be a third party beneficiary of this Declaration and may, at its discretion, enforce the covenants it deems appropriate. Except in the case of an immediate need when the County is 7 ( authorized to act on behalf of and at the expense of the Association, the County shall proceed only / after notice and hearing. In the event that the Association or any successor to the Association fails / to maintain the Common Element in reasonably good order and condition or to enforce this Declaration which the County determines to be appropriate and necessary, the County may serve written notice upon such organization or upon the residents of The Residential Community setting forth the manner in which the organization has failed to maintain the Common Element in reasonable condition or to enforce this Declaration. The notice shall include a demand that such deficiencies be cured within thirty (30) days thereof and shall state the date and place of a hearing 45 thereon which shall be held before the County Administrator or his designee within fourteen (14) days of the notice. At such hearing, the County may modify the terms of the original notice as to deficiencies and may give an extension of time within which they shall be cured. If the deficiencies set forth in the original notice or in the modifications thereof are not cured within said thirty (30) days or any extension thereof, the County, in order to preserve the taxable values of the properties • within The Residential Community and to prevent the Common Element from becoming a public nuisance or to prevent or cure a violation of this Declaration, may enter upon said Common Element and maintain, improve if necessary, and enforce this Declaration; EXCEPT, THE COUNTY WILL NOT MAINTAIN OR REPAIR DRAINAGE FACILITIES, RETENTION PONDS, LANDSCAPING, OR OPEN SPACES. The cost of such maintenance by the County shall be paid by the Association within four(4) weeks and if not, then by the Owners of Lots within The Residential Community. Any unpaid assessments may be collected by the initiation of litigation or may become a lien on said properties at the County's discretion. To enforce the lien, the County shall file a notice of such lien in the Office of the County Clerk and Recorder upon the properties affected by such lien within The Residential Community. The County is authorized to recover all its legal costs, filing and recording fees and interest at twelve percent (12%) per annum with respect to all assessments which are not paid when due and covenants for which it deems enforcement is appropriate. 18.3 Term of Declaration. This Declaration shall run with the land, shall be binding upon the Members and upon all Persons owning Lots and any Persons hereafter acquiring said Lots, and shall be in effect in perpetuity unless amended or terminated as provided herein or in the Act (to the extent applicable). 18.4 Amendment of Declaration. Except as otherwise provided in the Act and this Declaration, and subject to provisions elsewhere contained in this Declaration requiring the consent of Declarant or others, any provision, covenant, condition, restriction or equitable servitude contained in this Declaration may be amended or repealed at any time and from time to time upon approval of the amendment or repeal by vote of Members of the Association holding at least sixty- seven percent (67%) of the votes of the Association present in Person or by proxy at a duly constituted meeting of the Members. The approval of any such amendment or repeal shall be evidenced by the certification by the Executive Board of the Association of the vote of Members. The amendment or repeal shall be effective upon the recordation in the Office of the Clerk and Recorder of Weld County, Colorado, of a certificate, executed by the President and Secretary of the Association setting forth the amendment or repeal in full and certifying that the amendment or repeal has been approved by the Members and certified by the Executive Board as set forth above. 18.5 Captions. The captions contained in the Documents are inserted only as a matter of convenience and for reference, and in no way define, limit or describe the scope of the Documents or the intent of any provision thereof 18.6 Gender. The use of the masculine gender refers to the feminine gender, and vice 46 versa, and the use of the singular includes the plural, and vice versa, whenever the context of the Documents so require. 18.7 Waiver. No provision contained in the Documents is abrogated or waived by reason of any failure to enforce the same, irrespective of the number of violations or breaches which may occur. 18.8 Invalidity and Severability. The invalidity of any provision of the Documents does not impair or affect in any manner the validity, enforceability or effect of the remainder, and if a provision is invalid, all of the other provisions of the Documents shall continue in full force and effect. 18.9 No Partition of Common Area. The Common Element shall be owned by the Association. No Member shall bring any action for partition or division of the Common Element. By acceptance of a deed or other instrument of conveyance or assignment, each Owner shall be deemed to have specifically waived such Owner's rights to institute or maintain a partition action or any other action designed to cause a division of the Common Element, and this Section may be pleaded as a bar to any such action. Any Owner who shall institute or maintain any such action shall be liable to the Association, and hereby agrees to reimburse the Association for its costs, expenses, and reasonable attorneys' fees in defending any such action. 18.10 Conflict. If there is any conflict between the Residential Community Documents and the provisions of the Act, the provisions of the Act, to the extent applicable, shall control. In the event of any conflict between this Declaration and any other Document, this Declaration shall control. 18.11 W l rnty's Right to Farm. Weld County's Right to Farm adopted in Appendix 22-E of the Weld County Code and set forth at length in Exhibit "C" attached hereto is made a part of this Declaration by reference. IN WITNESS WHEREOF, Declarant has caused this Declaration to be executed as of the day and year first above written. SOARING SKIES VENTURES. LLC, A Colorado Limited Liability Company By: Susan T. Joy, Manager 47 STATE OF COLORADO ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of July, 2006, by Susan T. Joy, as Manager of SOARING SKIES VENTURES, LLC, a Colorado Limited Liability Company. WITNESS my hand and official seal. Notary Public My Commission Expires: 4R APPROVAL, RATIFICATION AND CONFIRMATION The undersigned, having a Security Interest in the real property described on Exhibit "A" attached hereto and incorporated herein by reference, hereby approves, ratifies, confirms and consents to the foregoing Declaration of Covenants, Conditions, Restrictions and Easements for Sorrel Ridge P.U.D. IN WITNESS WHEREOF, the undersigned has caused its name to be hereunto subscribed this day of , 2006. a By: STATE OF COLORADO ) ) ss. COUNTY OF The foregoing instrument was acknowledged before me this day of 2006, by as of , a WITNESS my hand and official seal. My commission expires: Notary Public 49 EXHIBIT"A" I,egal Description of Sorrel Ridge, P.U.D Lot B, Recorded Exemption No. 0705-05-3- RE 368.5 recorded on February 18. 2004 as Reception No. 3154846, being a part of the South One-Half of Section 5, Township 7 North, Range 67 West of the 6ih PM. County of Weld, State of olorado. /�^�� EXHIBIT "B" \ Legal Description of the Common Element 1 EXHIBIT "C" 50 Weld County's R'ght to Farm Statement Weld County is one of the most productive agricultural counties in the United States, ranking fifth 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 areas: 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. 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; hunting and trapping activities; shooting sports, legal hazing of nuisance wildlife; 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. Property owners and residents cannot take water from irrigation ditches, lakes or other structures unless they have an adjudicated right to the water. Section 35-3.5-102, C.R.S.. provides that an agricultural operation shall not be found to 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. 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 removal for roads within subdivisions are of the lowest priority for public works or may be the private responsibility 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. People 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 and open burning present real threats. 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. 51 • REFERRAL LIST • Name: Soaring Skies Ventures LLB Case# PF-1099 County Towns & Cities Fire Districts z Attorney —Ault _Ault F-1 / z Health Department —Berthoud _Berthoud F-2 $$$ _Extension Office —Brighton _Briggsdale F-24 _Emergency Mgt Office - Ed Herring —Dacono _Brighton F-3 / z Sheriffs Office —Eaton _Eaton F-4 / z Public Works _Erie _Fort Lupton F-5 —Housing Authority —Evans _Galeton F-6 —Airport Authority _Firestone _Hudson F-7 _Johnstown F-8 ;/ z Building Inspection —Fort Lupton _LaSalle F-9 f z Code Compliance_S.-Ann N-Beth —Frederick _Kim Ogle(Landscape Plans) _Garden City _Mountain View F-10 Milliken F-11 _Lin(Addressing Change of Zone) —Gilcrest — _Ambulance Services —Greeley _Nunn F-12 _Grover _Pawnee F-22 State _Hudson _Platteville F-13 Div. of Water Resources Johnstown _Platte Valley F-14 ./of z Poudre Valley F-15 —Geological Survey —Keenesburg _Raymer F-2 —Department of Health —Kersey _Southeast Weld F-16 —Department of Transportation LaSalle — _Union Colony F-20 Historical Society Lochbuie — — _Wiggins F-18 Water Conservation Board —Longmont — Windsor/Severance_ F-17 —Oil&Gas Conservation Commission —Mead _Milliken Division of Wildlife —New Raymer —South Hwy 66 (Loveland) _Northglenn North Hwy 66(Greeley) —Nunn — Commissioner —Division of Minerals/Geology —Pierce —Platteville Soil Conservation Districts z Severance Big Thompson/FTC _Thornton Boulder Valley/Longmont _Windsor —Brighton/SE Weld _Centennial Counties —Greeley/West Greeley _Adams —Platte Valley _Boulder West Adams _Broomfield _Little Thompson z Larimer Federal Government Agencies Other _US Army Corps of Engrs ✓ z School District RE-4 _USDA-APHIS Vet Service z Anadarko Federal Aviation Admin(Structures z No. Weld County water Dist over 200 ft or w/in 20000 ft of Pub r' _z_Boxelder sanitation Airport _z N. Poudre irrig Federal Communications Comm F2INC9 Ste ldS 4. Oa �c CLc • So Referral List T A Name: C SeK[L Case# County Towns&Cities Fire Districts Attorney —Ault —Ault F-', ,ji-ieaitn Department —Bertnocd —Berthoud F•2 (Will charge$) Extension Office Br gnton _Bnggscare F-2c —Emergency Management Office-=d'Hernng —Daconc —Brighton F-C 7C Sneriffs Oflfce —Ea:or Eaton F-4(Will charge Si Pu'olic Works Erie For',_uoton F —Housing Authorty Evans Sale= =-6 Almon Autnority Autnority Firestone Hudson F-7 Z_Buildino Inspection For,Lupton Jonnstown -6 lc Code Compliance-Betr Ann/X. Preoericr: =aSalle F-P Garner City Mountain View F-1C _Kim Ogle lancscaoe Plans) —Gilcrest —Milliken F-1' —Lin or°eggy(Acoressino Chance of Zone) —Greeley _Nunn F-12 Amoulance Services Grover Fawnee F-22 State Hudson Platteville F:3 Div.of Water Resources Jonnstown Platte Valley F-14 Geological Survey Keenesourg ...›Feouore Valhev F-15 —Department of Healtr —Kersey Ravine:-7-2 F-2 Deoanment of Transportation LaSalle Southeast Weld Flo —Historica:Society —Lochhuie Union Colony F-26 —Water Conservation Board Longmont —Western Hilts F-20 On&Gas Conservation Commission —Meat _Wiggins=-,6 Division of Wildlife Milliken —Windsor/Severance F-1? South Hwy 66 lLoveiandi New Ramer _North Hwy 66(Greeley) —Northgienn Legal —Division of MineraisiGeoiogy Nunr Parcel ID# Soil Conservation Districts —Fierce Zone Acres? Bic Thompson °iattevilie ---7\ — Nt ,.]ci L. USDA _Boulder Valley' Severance '� Airood _Brighton —T norntor Geo Ha: Centennial —Winaso -_ jje t' C -Pane,F Eon Collins Counties G kivie t, 6:r i/, Road!moact ace Area' Greeiey Adams r (SW H' _ A? Winaso —Longmont —Boulder "Iffc, f b ICA. ORD K Morgan Broomfield tee'"—�� '"`� MU _on, Franc Valiey Larmer`Thl p Soutn.east Weld Other West Acams Denfral Doto.Water Conservancy Do: i Federal Government Agencies fr Hans Water —I I US Army Corps C' Soars nco' District E_- T" -DA ~PHIS Ve:Service An Eimowst(MC_L:Lea: Federal Av:atior Aomin 'Struc:uresove: Ditch Comoanc, over 205 ft c-v✓im 20000 t o'Fun Airocn Commissioner _ =_gera.Commcrr.catcns Comrr Weld County Planning Department GR'ELEY OFFICE Memorandum -' CE!V'ED TO: Brad Mueller, W.C. Planning'-1 DATE: August 18, 2006 • FROM: Pam Smith, W.C. Department of Public(162 COLORADO Health and Environment CASE NO.: PF-1099 NAME: Soaring Skies Ventures The Weld County Health Department has reviewed this Final Plan application and finds that all conditions appear to be adequately met. O:\PAM\Planning\Final Plat\pf-1099 Soaring Skies Ventures.rtf 1 • ,eQ • ,,It ( yVa�°��FV�� _. ... r .. ,, 4. „,.,., Go . . L O Weld County Referral lige COLORADO July 19, 2006 The Weld County Department of Planning Services has received the following item for review: Applicant Soaring Skies Ventures LLC Case Number PF-1099 Please Reply By August 17, 2006 Planner Brad Mueller Project Final plat approval for 9 lots in the Sorrel Ridge PUD (fka Shepherds Hill Estate PUD) Legal Lot B of RE-3685; Pt S2 of Section 5, T7N, R67W of the 6th P.M., Weld County, Colorado. Location East of and adjacent to CR 15 and approx. 1/4 mile north of CR 84 Parcel Number 0705 05 300018 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. Weld County Utility Board Hearing (if applicable) August 10. 2006 U- We have reviewed the request and find that it does/does not comply with our Comprehensive Plan U- We have reviewed the request and find no conflicts with our interests. ISee attached letter. Comments: Signature // -/�� Date l /9G Agency Sh/"/f c /`/-S J%--/-e.-ti ! ' C-Weld County Planning Dent. S•918 10"'Street Greeley, CO. 80631 x:•(970)353-6100 ext.3540 :•(9701 304-6498 fax Weld County Sheriffs Office M e mo To: Brad Mueller From: Ken Poncelow Date: July 27, 2006 Re: PK-1099 The Sheriffs Office recommends the following improvements for this housing sub-division: 1. The Sheriffs Office requests that builders and developers designate an area by the entrance of the sub-division in which to place a shelter for school children awaiting the school bus. This area should also include a pull off for the school bus which enables it to safely load and unload children out of the roadway. 2. Either mail distribution within the sub-division or a central drop off location within the sub-division should be developed so that residents do not have to cross a county road to obtain their mail. 3. A permanent sign should be placed at the entrance to the subdivision detailing the name of the sub-division, address, and a graphical presentation of the roadways within the subdivision. There should be a plan developed to maintain this sign. 4. If the roadways within this sub-division are not maintained or adopted by the county, individuals purchasing property in this sub-division should be notified that the Sheriffs Office will have limited traffic enforcement powers. 5. A plan should be developed to maintain roadways within the sub-division especially during inclement weather conditions for emergency vehicles. 6. The Sheriffs Office is very supportive of homeowner funded homeowner's associations. These associations provide a contact for the Sheriffs Office and a means of maintaining common areas. 7. If there are oil or gas production facilities within this sub-division, they need to be fenced off in order to mitigate the potential for tampering. These facilities are known to create an attractive nuisance for young people. Tampering not only creates a significant danger to safety but also of environmental damage with extensive mitigation and clean-up costs. 8. The names of all streets within the sub-division should be presented to the Sheriffs Office for approval. This will eliminate duplication of street names within the county. 9. The Sheriffs Office encourages Law Enforcement Authorities to provide additional funding for law enforcement requirements in the future. The Sheriffs Office lacks the ability to absorb any additional service demand without the resources recommended in the multi-year plan provided to the Weld County Board of County Commissioners or as 1 indicated by growth not considered at the time the plan was developed. I have no other comments on this proposal. • Page 2 MF,MORAND W Id v Planning 1wpartmun I TO: Tim' Halopoff, P. E., J R Engineering DATE: Septd'81,,,2006.,!6 as s . CFROM: Drew Scheltinga, P. E., Public Works Department COLORADO SUBJECT: PF-1099 Sorrel Ridge PUD (Final Plat 2nd Review) The first final plat administrative review memo was by Jesse Hein, dated August 14, 2006. The following review is on material submitted to this office on September 7 and September 15, 2006. General Comments: When a final plat is being recorded, Public Works requests the rights-of-way be clarified by either calling out the documents that created the rights-of-way or dedicating the rights-of-way on the plat. The plat submitted does not call out documents creating the right-of-way for WCR 15. There is right-of-way dedication language on the cover sheet but the west line of the subdivision is shown 30' east of the section line. Please call out the documents creating the right-of-way on the plat or include the right-of-way in the subdivision and show the right-of-way as being dedicated by the plat. Construction Plans: A benchmark providing vertical survey control shall be shown on the construction plans. Improvements Agreement: A revised Improvements Agreement meeting the requirements of September 7, 2006, final plat review memo shall be submitted. Drainage: A revised drainage report dated September 15, 2006, has been submitted. Attached is a memorandum from Brian Varrella dated September 19, 2006, reviewing the revised drainage report. Questions regarding drainage should be directed to Mr. Varrella. Public Works requires 3 sets of final construction plans with original P. E. stamps and signatures. One check set may be submitted for review prior to supplying the 3 wet sets. PC: Brad Mueller, Department of Planning Services Page 1 of 1 M\PLANNING-DEVELOPMENT REVIEW\3-final Plat(PE.MF.MJF)\PF-1099 Sorrel Ridge PUD\PF-1099 Sorrel Ridge PUD(Final Rat 2nd Review).DOC #00tarsi' MEMORANDUM TO: Drew Scheltinga,P.E. Public Works Dept. DATE: 19 September 2006 III ' C FROM: Brian Varre Works Dept. i COLORADO SUBJECT: PF-1099 Sorrel Ridge PUD (Final Plan) Weld County Public Works Department has reviewed this Final plan request. Comments made during this phase of the subdivision process may not be all-inclusive, as other concerns or issues may arise during the remaining application process. Drainage Comments ❑ Public Works received a Final Drainage and Erosion Control Report for Sorrel Ridge(PF-1099) on September 7, 2006,herein referred to as the final drainage report. The report was submitted by Timothy Halopoff(PE#37953),of JR Engineering, and is dated September 1, 2006. O The final drainage report was updated by JR Engineering on September 15, 2006,and submitted to Public Works the same day for review and comment. ❑ The final drainage report is stamped, signed, and dated by a registered P.E. licensed to practice in the state of Colorado. Construction plan sheets are stamped,but are not signed or dated. Public Works will not approve the final drainage report or construction documents without the appropriate P.E. stamp, signature, and date. Final Drainage Report Comments: ❑ Please address all redline comments in the drainage report and in the construction plan drawings. ❑ Proposed culverts with slopes less than 0.50%have the potential to become a future maintenance burden for the residents of Sorrel Ridge. This note applies to culverts P-1,P-2,P-3, and P-5. ❑ Please add the hydraulic calculations for culvert P-1 to the final drainage report appendix. o Please provide calculations to confirm the culvert under the access road(entrance)does not impair flow in the ditch along WCR 15 in a minor(10-yr) storm. Please calculate and report 100-yr hydraulics for this culvert. This was requested in the August 7,2006 review memorandum, and the calculations were not provided in the latest submittal of the final drainage report. o Please correct errors in the calculation of culvert hydraulics for all proposed pipes(P-2 through P-5). o Please note there is little or no cover over proposed culvert P-3 at the entrance to the pond. o Please test the freeboard for all proposed swales using UD&FCD guidelines on Table MD-2. ❑ The orifice plate design calculations assume a 12-inch diameter culvert. This is inconsistent with the culvert summary tables in the report and in the construction plan documents, all of which identify an outlet pipe of 15-inch diameter. Please correct the orifice place calculations. o Current TRM manufacturer installation details require 6 inch minimum burial. All TRM terminations details shall include a minimum burial of 2 ft for upstream and downstream leading edges of the fabric to prevent uplift and failure under high shear stresses. ❑ Please correct the error in the input discharge used in TRM calculations from 59.6 cfs to 69.6 cfs. Construction Plan Sheet Comments: ❑ Sheet 2: please change all references to Sage Hill Road to Sorrel Ridge Road. Correct all notes for accuracy. o Sheet 3: is Tract C a drainage easement also? If so,please label. o Sheet 4: please label all drainage easements. ❑ Sheet 5:please label proposed contours in the pond for ease of review and accuracy for construction. o Please call out a TRM product or approved equal for all swales and overflow areas, or typ. o Please add the key map from Sheet 13 to Sheet 5. Page 1 of 2 ❑ Sheet 6: please add the key map from Sheet 13 to Sheet 6. ❑ Sheet 9 and 10: please correct errors in the pipe and culvert summary table. ❑ Sheet 13: please recalculate the maximum shear stress for the swale summary table, as per HEC-15, Section 2.2.2 (FHWA 2005). o Sheet 17: please correct the storm drain outlet riprap protection detail to show the FES termination over riprap. o Riprap must extend behind and over the top of the FES for adequate protection against erosion around the FES caused by local runoff. ❑ Sheet 18: please show the orifice plate on the 15" CMP in the drop box detention pond outlet structure detail. o Please correct the upstream and downstream channel terminations for the TRM to show 2 ft of depth of burial. The applicant shall addressthe comments listed above. 'The'review process will continue only when all :appropriate.elementsdtavetbeemsubmitted. Any issues of concernnsmust beresolved,withcthe+P.ublic Works Department prior.to recorlingthe final plats. PC: PF-1099 Sorrel Ridge(Final Plan) Email&Original: Planner PC by Post: Applicant PC by Post: Engineer .....___.___.__... Page 2 of 2 • • Htl County Manning Department 1EELEY OFFICE it\C\ MEMORANDUM RICEIVED ' TO: Brad Mueller, Planning Department DATE: 14-August-2006 FROM: Jesse Hein, Public Work ent COLORADO SUBJECT: PF-1099 Sorrel Ridge PUD (Final Plat) Weld County Public Works Department has reviewed final plan materials and has the following development referral comments. Comments made during this stage of the review process may not be all-inclusive, as revised materials will have to be resubmitted and other concerns or issues may arise during further review Comments General Comments : A traffic study for the proposed subdivision was not required since access was from WCR 15 a paved roadway capable of handling the additional traffic. Thus, no offsite improvements were required. Right-of-way for WCR 15 shall be shown and dedicated on the final plat. Covenants were not submitted to Public Works for review. Drainage and detention pond shall be spelled out for maintenance by the Home Owners Association. Construction Plans: Stop signs and Street name signs shall be required at all intersections in accordance with the MUTCD standards and shown on the plans. A survey benchmark shall be shown on the construction plans. The following seeding note shall be added to the grading and erosion control notes: Unlined drainage facilities and all areas disturbed during construction shall be actively revegetated. Seed mixes should be selected to match the conditions where they will be used. Recommended seed mixes may be obtained from the Weld County Public Works Pest and Weed Supervisor. Public Works requires 3 sets of final construction plans with original P. E. stamps, signatures and date. One check set of final construction plans may be submitted for review prior to supplying the 3 sets of signed plans. Drainage: A final drainage report dated July 1, 2006, was submitted by J.R. Engineering, and was reviewed by Brian Varella, P. E., of the Public Works Depaitinent. Attached is a memorandum from Mr. Varella dated August 7, 2006 with comments regarding the proposed development. Please contact Mr. Varella with any questions regarding stormwater and drainage. „yAittN,. —x.,PM,.r".IF»,.„_I11., M,.,Fl..,� moan„ ,;_ .,, Page 1 oft Improvements Agreements: An Improvements Agreement for Sorrel Ridge has been submitted and is acceptable with the following revisions: 1. All cost items shall be shown on either the Exhibit A form or the attached Exhibit A. 2. The following items shall be added: Detention Pond and Structures Survey and street monuments and boxes Seeding Disturbed Areas Park Improvements/Trail Grass Lined Swale 3. The following revisions shall be made to the roadway cost estimate: Site grading and Street grading unit cost: $3/cy Street base unit cost: $30/ton 4. Engineering and Supervision Costs shall be 10%of the subtotal of all items with the exception of Water Transfer cost. A letter from the water company shall be submitted"waiving all surety for the value of water shares", if the value is not included in the Improvements Agreement. Recommendation ❑ The above comments are prerequisites and shall be fulfilled prior to recording the final plat. Any issues shall be resolved with Public Works prior to recording of the final plat.' •PC:PF-1074 Frank Wright(Final Plat) Email&Original:Planner:Broil Mueller PC by Post: Applicant:Soaring Skies Ventures do Tirn Ilolopoff PR PC by Post: Engineer:JR Engineering „Nisi PF,(Semi RPOguN I MI)dor Page 2 oft �,r, Kita � MEMORANDUM ID TO: Jesse Hei, EI.,Public Works Department DATE: 7 August 2006 FROM: Brre�orks Depat'AnentW� COLORADO SUBJECT: PF-1099 Sorrel Ridge PUD(Final Plan) Weld County Public Works Department has reviewed this Final plan request. Comments made during this phase of the subdivision process may not be all-inclusive, as other concerns or issues may arise during the remaining application process. Drainage Comments ❑ Public Works received a Drainage and Erosion Control Report for Sorrel Ridge(PF-1099) on July 21,2006, herein referred to as the final drainage report. The report was submitted by Timothy Halopoff(PE#37953), of JR Engineering, and is dated July 1, 2006. ❑ The final drainage report is stamped, signed, and dated by a registered P.E. licensed to practice in the state of Colorado. Construction plan sheets are not, and will not be approved by Public Works without a stamp, signature, and date. Drainage: ❑ Please address all redline comments in the drainage report and in the construction plan drawings. ❑ Please address all items included in the drainage review checklist attached to this memorandum. ❑ The vertical datum references feet,but does not define which vertical datum is being used on this project(i.e. NGVD-29,NAVD-88, etc.). Please identify or remove the discussion from the final drainage report. ❑ All lots on the property require detention to reduce flood hazard risks to the adjacent residents and property. This includes the lower portion of Basin DOf1,Basin DOf4, and Basin 101. o If any areas release the 100-year discharge undetained, the total discharge from those areas must be subtracted from the allowable 5-yr historic release rate for the entire site. o Please recalculate detention pond size, and provide conveyance to the detention pond from the swale on Sorrel Ridge Road. ❑ Weir coefficients of 3.09 for overtopping weirs are too high. Please support the selection of all weir coefficients with documentation. ❑ Please discuss channel freeboard for all swales in text, and support with calculations in the appendix. ❑ Please provide appropriate erosion control at pipe outlets and inlets, overflow areas, channel bends, high shear stress channels and swales, or any other areas requiring erosion control. Design calculations must be provided to support the selection of any and all erosion control measures, and must show stable channel conditions prior to the establishment of vegetation. ❑ Open channel hydraulics show all swales will be unstable in the 100-year storm. Please provide appropriate erosion control supported with hydraulic documentation and manufacturer specifications. ❑ Please provide calculations to confirm the culvert under the access road (entrance) does not impair flow in the ditch along WCR 15 in a minor(10-yr) storm. Please calculate and report 100-yr hydraulics for this culvert. ❑ The typical cross sections and tables in the plan sheets for all swales must include the 100-yr water surface elevation (WSEL,00), discharge (Qioo), velocity(V100),Froude number (Fr), maximum 100-yr depth (y,,,a„), and maximum shear stress (rma„). The maximum shear stress (2,„,a„) shall be used to determine channel stability based on HEC-15 criteria(FHWA 2005). Page 1 of 2 ❑ All culvert inlets shall include debris racks to prevent clogging due to debris accumulation and to protect the public safety. Debris racks shall be sloped at 3H:1V or flatter per UD&FCD research. Please add a detail for debris racks to the construction plan sheets. ❑ A dedicated drainage easement is required for all areas of 100-year inundation. Please identify and dimension all drainage easements on all plan sheets submitted with the Final Drainage Report. ❑ All easements must be clearly marked. This includes but is not limited to, utility easements,drainage easements, oil and gas easements, County and State right-of-ways, and others. o Please change all references to "TRF"in the final drainage report to "TRM." ❑ Appendix B comments: o Please correct errors in the calculation of Tc for the 10-and 100-year storm conditions. ❑ Appendix C comments: o Please use a Manning's-n value of 0.025 for all proposed CMPs,as per Weld County Storm Drainage Criteria. o Add a column in the summary table for the 100-yr EGL of all pipes and swales. o The EGL shall be no less than 6 inches below the rim elevation of any proposed inlet. Please correct as required. o The headwater-to-diameter ratio (HW/D) for the 100-year storm shall not exceed 1.5 for proposed culverts. Please correct as required. o Please correct any and all numerical inconsistencies between the report text,the report appendix, and construction plans. o Please label pipes and swales by a unique identifier(name or number)that is used consistently between the report and the construction plans. For example, the construction plans show the pipe between the two detention ponds as Pipe P-2. This identifier should be added to the Culvert Design/Analyzer Report title in the appendix, and should be identified on Drainage and Erosion Control Sheets 9 and 10 of 18. o Appendix E comments: o Please recalculate the required riprap protection according to UD&FCD methods from 1982 or 2001. Use a velocity appropriate for the downstream channel by hydraulic calculation instead of assuming 5.5 fps. Tailwater depth should be a function of downstream channel hydraulics and should not be assigned a random value. Tl eap}rlican#shall address the comments listed above The Milewprocess-willscontinueao ily hew I approprrate elements`haveateen≥submrtted.=Anyissues-of-concern mist be:resolved v#fhtel tilili Works: :7--k-Department prior to recording t ey thiapiats. PC:1'F-1099 Sorrel Ridge(Final Plan) Email & Original: Planner PC by Post: Applicant PC by Post: Engineer Page 2 of 2 WELD COUNTY CHANGE OF ZONE DRAINAGE REPORT CHECKLIST Name: Sorrel Ridge(PUD) Plan Date: Received July 21,2006 at PW,report dated July 1,2006. Location: E of WCR 15,between WCR 84 and 86 Rev.Date: August 7,2006 Case n: PF-1099 Rev.By: Brian K.Varrella,P.E.,Weld Co.Public Works Stormwater Dept. Adequately Attention Comments Comment Headings Addressed Required The Change of Zone drainage report is stamped,signed,and dated by X a registered P.E.licensed to practice in the State of Colorado All submitted construction plan sheets are stamped,signed,and X A stamp,signature,and date is required on all copies of all dated by a registered P.E.licensed to practice in the State of Colorado construction plan sheets. I. General Location and Description A. Location 1.Township,Range,Section,1-Section X 2.Local streets within and adjacent to the development X 3.Major open channels,lakes,streams,irrigation and other water resource facilities within and adjacent to proposed X development 4.Names of surrounding developments including jurisdiction X (municipalities) B. Description of Property 1.Area in acres X 2.Ground cover X 3.Major open channels and ownership X 4.General project description X 5.Irrigation facilities and ownership information X 6.Groundwater characteristics(where applicable) _ X II. Drainage Basins and Sub-Basins A. Major Basin Description 1.Reference to Weld County Master Drainage Plan(s)where X applicable 2.Major basin drainage characteristics X 3.Identification of all irrigation facilities within 200 ft of the X property boundary 4. Identification of all FEMA-defined 100-year floodplains and X floodways affecting the property. B. Sub-Basin Description 1.Historic drainage patterns on the subject property and X adjacent properties 2.Off-site drainage flow patterns and impacts on the subject X property Ill.Drainage Design Criteria Detention of the 100-year storm released at the 5-year historic Discussion of the optional criteria/deviation from X rate is required for ALL onsite areas,per Weld County CODE A. Weld County CODE. 24-7-130(D). Undetained onsite flows shall be subtracted from the allowable 5-yr release from the detention pond. B. Development Criteria Reference and Constraints 1.Discussion of previous drainage studies(i.e.project master plans)for the subject property that influence or are influenced by X the proposed drainage design for the site 2.Discussion of site constraints such as slopes,streets, utilities,existing structures,and the proposed development or X site plan impacts on the proposed drainage plan C. Hydrological Criteria 1.Identify design rainfall(source of design storm depth X information,NOAA Atlas, UD&FCD maps,etc.) 2.Identify design storm recurrence intervals X Weld County Public Works Page 1 of J Change of Zone Drainage Report Checklist Form Updated 06-22-2006 Attenton Comment Headings Adequately Required comments g Addressed Required 3.Identify runoff calculation method(s)and any computer X models 4.Identify detention discharge and storage calculation X method(s)and computer models 5.Discussion and justification of other criteria or calculation methods used that are not presented in or referenced by the X Weld County CODE D. Hydraulic Criteria 1.Identify various capacity County References X 2.Identify detention outlet type X 3.Identify check/drop structure criteria used X 4.Discussion of other drainage facility design criteria used that X are presented in the Weld County CODE IV. Drainage Facility Design A. General Concept 1.Discussion of concept and typical drainage patterns X Detention of the 100-year storm released at the 5-year historic 2.Discussion of compliance with off-site runoff considerations X rate is required for ALL onsite areas,per Weld County CODE and constraints 24-7-130(D). Undetained onsite flows shall be subtracted from the allowable 5-yr release from the detention pond. 3.Discussion of the content of all tables,charts,figures,or X drawings presented in the report 4.Discussion of anticipated and proposed drainage patterns X B. Specific Details 1.Discussion of compliance with drainage criteria(street,inlet, X (Street capacities over pipes must be checked,and freeboard and pipe capacities,etc.) discussed for swales. 2.Discussion of drainage problems encountered and solutions X at specific design points 3.Discussion of detention storage and outlet design X 4.Discussion of maintenance access and aspects of the design X 5.Provide copies of Draft CDPHE or State Engineer's permit X applications where applicable V. Conclusions Detention of the 100-year storm released at the 5-year historic rate is required for ALL onsite areas,per Weld County CODE A. Compliance with the Weld County CODE X 24-7-130(D). Undetained onsite flows shall be subtracted from the allowable 5-yr release from the detention pond. B. Drainage concept 1.Effectiveness of drainage design to control damage from X Swales all have Froude No.'s>0.8 and maximum shear storm runoff stresses('r)>0.8--channel protection is required. 2.Influence of proposed development on any applicable Weld X County Master Drainage Plan recommendations 3.Identification of and written approval of affected irrigation company or other property owner(s). Weld County may require that the applicant provide evidence that offsite impacted X jurisdictions have been notified of the proposed drainage plans and potential impacts. VI. References A. Reference all criteria and technical information used X VII.Appendices A. Hydrologic Computations 1.Land use assumptions regarding adjacent properties X 2.Initial and major storm runoff computations at specific design X points 3.Historic and fully developed runoff computations at specific X Please correct Tc calculations for the 10-and 100-year storm. design points 4.Computer model input and output X B. Hydraulic Computations Weld County Public Works Page 2 of 3 Change of Zone Drainage Report Checklist Form Updated 06-22-2006 Adequately Attention Comments Comment Headings Addressed Required No talc's provided for the entrance culvert in the WCR 15 1.Culvert sizing X drainage ditch. 2.Storm sewer sizing X Weld Co.storm drainage criteria=6 in.max depth on all 3.Street capacity evaluation X streets in the 10-yr storm,and 18 in.max depth in the 100-yr storm. 4.Storm inlet sizing X Freeboard not discussed,and channel protection required 5.Swale sizing X throughout,unless stable channel conditions can be verified through appropriate documentation. 6.Open channel sizing X See above. 7.Rundown and/or drop structure sizing X 8.Detention pond area/volume capacity(including water X quality),emergency overflow design,and outlet sizing 9.Erosion control and stable channel design,including swales X See above, and pipe outlets 10.Changes to Calculation Methods—if applicant/design engineer modifies any portion of UD&FCD spreadsheets used for hydrologic or hydraulic calculations,the applicant/design X engineer shall identify all changes to calculation assumptions or computer programs as to type of change and specific factors that were modified. 11.Computer model input and output X Weld County Public Works Page 3 of 3 Change of Zone Drainage Report Checklist Form Updated 06-22-2006 • . ,,,, ,, f . ,,,., ..„ ... ,.. ,,,„ \ • ...... 7 . . „._.,_. . : . Weld County Referral WII'Rc.COLORADO July 19, 2006 The Weld County Department of Planning Services has received the following item for review: Applicant Soaring Skies Ventures LLC Case Number PF-1099 Please Reply By August 17, 2006 Planner Brad Mueller Project Final plat approval for 9 lots in the Sorrel Ridge PUD (fka Shepherds Hill Estate PUD) Legal Lot B of RE-3685; Pt S2 of Section 5, T7N, R67W of the 6th P.M., Weld County, Colorado. Location East of and adjacent to CR 15 and approx. 1/4 mile north of CR 84 Parcel Number 0705 05 300018 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application. please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. Weld County Utility Board Hearing (if applicable) August 10, 2006 We have reviewed the request and find that it does/does not comply with our Comprehensive Plan We have reviewed the request and find no conflicts with our interests. ISee attached letter. Comments: Signature L e Date R _/ei O Agency c6(/(71/q 2171)c rinaie/ V .:Weld County Planning Dent. •:918 1C"Street. Greeley. CO. 80631 4(970)353-6100 ext.3540 4:(970) 304-6498 fax Kite ' ..‘;- ::,Q DEPARTMENT OF PLANNING SERVICES BUILDING INSPECTION NORTH OFFICE 918 10t"Street GREELEY, COLORADO 80631 lli PHONE (970) 353-6100, EXT.3540 FAX (970) 304-6498 C• SOUTHWEST OFFICE 4209 CR 24.5 LONGMONT CO 80504 COLORADO PHONE (720)652-4210 ext. 8730 FAX (720)652-4211 August 14, 2006 Soaring Skies Ventures LLC Final Plat approval for 9 Lots in the Sorrel Ridge PUD (Shepherds Hill Estate PUD) PF-1099 1. A separate building permit shall be obtained prior to the construction of any structure including any future entry way and or gates. 2. A plan review is required for each building for which a building permit is required. Two complete sets of plans are required when applying for each permit. Residential building plans may be required to bear the wet stamp of a Colorado registered architect or engineer. 3. Buildings shall conform to the requirements of the codes adopted by Weld County at the time of permit application. Current adopted codes include the 2003 International Residential Code; 2003 International Building Code; 2003 International Mechanical Code; 2003 International Plumbing Code; 2003 International Fuel Gas Code; 2002 National Electrical Code and Chapter 29 of the Weld County Code. 4. Each residential building will require an engineered foundation based on a site-specific geotechnical report or an open hole inspection performed by a Colorado registered engineer. Engineered foundations shall be designed by a Colorado registered engineer. 5. Fire resistance of walls and openings, construction requirements, maximum building height and allowable areas will be reviewed at the plan review. Setback and offset distances shall be determined by the Zoning Ordinance. 6. Building height shall be measured in accordance with the 2003 International Building Code for the purpose of determining the maximum building size and height for various uses and types of construction and to determine compliance with the Bulk Requirements from Chapter 23 of the Weld County Code. Building height shall be measured in accordance with Chapter 23 of the Weld County Code in order to determine compliance with offset and setback requirements. When measuring buildings to determine offset and setback requirements, buildings are measured to the farthest projection from the building. Property lines shall be clearly identified and all property pins shall be staked prior to the first site inspection. 7. Provide letter of approval from Poudre Valley Fire Protection District prior to new residential construction. Please contact me for any further information regarding this project. Si rely, o er igi %—� sBuildi g Offici I • • Weld County Referral COLORADO July 19, 2006 The Weld County Department of Planning Services has received the following item for review: • Applicant Soaring Skies Ventures LLC Case Number PF-1099 Please Reply By August 17, 2006 Planner Brad Mueller Project Final plat approval for 9 lots in the Sorrel Ridge PUD (fka Shepherds Hill Estate PUD) Legal Lot B of RE-3685; Pt S2 of Section 5, T7N, R67W of the 6th P.M., Weld County, Colorado. Location East of and adjacent to CR 15 and approx. 1/4 mile north of CR 84 Parcel Number 0705 05 300018 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. Weld County Utility Board Hearing (if applicable) August 10, 2006 have reviewed the request and find that it does/does not comply with our Comprehensive Plan We have reviewed the request and find no conflicts with our interests. LI See attached letter. �tw Comments: Lyn /L�H Q(1j p��(�1l�f A Rfti(1 U jibQ�>.1u c)*akk '� Signature , e h y� /� Date —j —g'O .x'11 _ Agency Lam► ^ \ 71r QAanotx 'OD •:•Weld County Planning Dept.pt 18 10'Str_ . Greeley. CO. 80631 :•(970)353-6100 ext.3540 :•(970)304-6498 fax . • , , , ,\ ic-,,, ,., , .,„_ .•.. ,N Weld County Planning Department GREELEY OFF IWeId County Referral�r YYY O AUG X 2006 Mot, ICD • RECEIVE[ � , COLORADO July 19, 2006 lui 2 4 2006 F OXE DER SANITATION D P,TRIC'T The Weld County Department of Planning Services has received the following item for review: Applicant Soaring Skies Ventures LLC Case Number PF-1099 Please Reply By August 17, 2006 Planner Brad Mueller Project Final plat approval for 9 lots in the Sorrel Ridge PUD (fka Shepherds Hill Estate PUD) Legal Lot B of RE-3685; Pt S2 of Section 5, T7N, R67W of the 6th P.M., Weld County, Colorado. Location East of and adjacent to CR 15 and approx. 1/4 mile north of CR 84 Parcel Number 0705 05 300018 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated wdn the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. Weld County Utility Board Hearing (if applicable) August 10, 2006 l—i We have reviewed the request and find that it does/does not comply with our Comprehensive Plan SJ e have reviewed the request and find no conflicts with our interests. ee attached letter. Comments: Signature r—Qt l 1 . n„,„c. L, Date 317 tA.19 -Loo 4.• Agency BcXel-Dew C' rn/IIAlt1N P) ' ltic7, Fl• CdLLINS. Co •i Weld County Piann,ng Dent. :•918 10'Street, Greeley. CO.80631 ••(970)353-6100 ext.3540 4(670) 304-6498 fax net; bSri19,F A -1- li O co Jr- Meld County Planning Departmet �U GREELEY OFFICE n . 1ST - ICT OCT 1 h 2006 17 October 2006 RECEIVED Mr. Brad Mueller Planner Weld County Planning Division gun 10th Street Greeley, Colorado 80631 Re: Sanitary Sewer Service to the Proposed Soaring Skies Sorrel Ridge PUD Dear Mr. Mueller: In early September, the Boxelder Sanitation District (District) received revised plans from the Soaring Skies Sorrel Ridge PUD. In addition, in the same time- frame, it received letters dated 28 August 2006 from Mr. Tim Halopoff suggesting possible mechanisms to address District concerns, and 6 Sept. 2006 from Mr. Charles Cuypers, counsel for the development, requesting that the District reconsider the comments it made regarding this project in its letter of 31July 2006. The District was unable to respond until some clarifying information was obtained from you regarding the status of the approval process for this subdivision. As a result of our successful (finally!) conversation a few moments ago and the clarifications provided therein, the District is offering these comments on the project. In its letter of 31 July 2006, the District had offered certain suggested conditions for the approval of the project. The development plan appears to have made provisions for a sanitary sewer line easement adjacent to the road within the subdivision. This easement, at the appropriate time in future, could be used to accommodate a sanitary sewer line within the subdivision. Many of the concerns identified by Mr. Cuypers are debatable. Yet, District staff is recommending that the development be allowed to progress through the approval process as the sanitary sewer issues with the sanitary sewer line easement identified in the revised plat is incorporated in the final plat for the subdivision. The other potential issues identified by District staff in the letter of 3201 East Mulberry. Unit Q - P.O. Box 1518 • Fort Collins, Colorado 80522 Phone (970) 498-0604 • Fax (970) 498-0701 • Email bsd@verinet.com • • Mr. Brad Mueller Weld County Planning Dept. 17 October 2006 Page 2 of 3 31 July 2006 may have to be resolved in the future, when sanitary sewer service is much closer to the subdivision. That said, if Soaring Skies is willing and able to implement the solutions it proposed in the letter of 28 August (copy attached) that would help avert most of such concerns and allow Soaring Skies to become a model solution for any future developments of such nature in this part of the county. Please note that the District is not suggesting making any of these a requirement for the approval of the project. I hope you would contact me if you have any additional questions or concerns. Sincerely, Ravindra M. Srivastava, Ph.D., P.E. General Manager Enclosure: 28 August 2006 letter from Mr. Halopoff Copy to: Charles Cuypers, Wolfe, Van Ackem & Cuypers Tim Halopoff, Soaring Skies Ventures \\Boxeldersrv\shared\DEVELOPMEN \Basins\East_Basin\Drake_Interceptor_Subbasin\Sorrel-Ridge\2006-10-17-Sorrel- Ridge.doc (Wolfe, Van g-ckem Cuypers LET ATTORNEYS AT LAW KENNETH C.WOLFS CENTRE FOR ADVANCED TECHNOLOGY CHERYL LEE VAN ACKERN 1008 CENTRE AVENUE FORT COLLINS,COLORADO 80526 CHARLES J.CUYPERS September 6, 2006 Ravindra M. Srivastava, General Manager Boxelder Sanitation District P.O. Box 1518 Fort Collins, Colorado 80522 Reference: Soaring Skies Ventures, LLC Final Plat Approval for Sorrel Ridge P.U.D. Dear Mr. Srivastava: Our firm represents Timothy J. Halopoff and Soaring Skies Ventures, LLC. Mr. Halopoff has provided me with copies of your letters of May 31, 2005 and July 31, 2006 regarding sanitary sewer service to Sorrel Ridge, the proposed subdivision in Weld County. Your most recent letter which was sent to Brad Mueller, Weld County Planning Division, comments that the proposed subdivision, if approved without public sanitary sewer service, should be subject to conditions including: 1) the property is to be included in Boxelder Sanitation District prior to approval of development plans by Weld County; 2) a plan is to be created for provision of public sanitary sewer service to the development when public sanitary sewer service is available within one mile; 3) easements or rights-of-way are to be created within the subdivision to accommodate sewer infrastructure; and, 4) a mechanism is to be identified and put in place to finance the construction of the public sanitary sewer improvements when condition 2, above is met. Your most recent letter contrasts with that sent to Mr. Halopoff on May 31, 2005 in which you wrote that Boxelder Sanitation District will not object to the proposed subdivision being provided with sanitary sewer service by individual sewage disposal systems (ISDS). Soaring Skies Ventures relied on your first letter in its design, planning,budgeting, and financing. If your comments become requirements for the subdivision, the cost of the development will increase substantially and the lots will likely become unmarketable due to the potential for each lot to become liable for additional costs that may exceed $100,000 per lot based on your estimated costs. We are requesting that your letter of July 31, 2006 be amended to eliminate conditions 1, 2 and 4. Considering that this is a very small project consisting of only nine residential lots it is impractical, if not impossible, for this project to proceed given the potential costs of meeting TELEPHONE 970493-8787 FAX 970493-8788 OFFICE@WVC-LAW.COM Ravindra M. Srivastava September 6, 2006 Page 2 Boxelder's requested conditions. With sewer service currently five miles away from the proposed development, it may be years, if ever, before service would be available to Sorrel Ridge. At best, there is only a possibility that a line may come within two miles of Sorrel Ridge in the foreseeable future. There is no reason for including Sorrel Ridge in Boxelder Sanitation District at this time. Such inclusion carries with it the possibility that the district could order that service be extended to Sorrel Ridge and that the property owners may be deemed to have waived their right to object. Properly designed and installed individual sewage disposal systems provide safe, efficient, and economical service to thousands of rural homes in Larimer and Weld counties. While we agree that it is preferable that a home be served by a public sanitary sewer connection, if the cost is unreasonable compared to the benefits received, then a new owner in Sorrel Ridge should not be burdened by a potential, mandatory expense that may exceed $100,000 per home. Considering information in your letter of May 31, 2005, the potential cost to the nine lots for construction of a gravity sewer line, including an oversized sewer line if required by the district, could cost as much as $1,000,000 for the off-site work for the last mile and around $300,000 for the installation of service lines and a main within Sorrel Ridge. The sewer line could costs as much as the real estate and all of the other infrastructure. If Boxelder was providing service within one mile of Sorrel Ridge at the present time and had plans to pick up additional users in the last mile, the requested conditions might make better economic sense. However, with just nine households in Sorrel Ridge, based on this writer's experience in representing sanitary sewer service providers in other jurisdictions, there is some question concerning whether a line running 1-2 miles before additional volume is picked up will work reliably in the absence of regular flushing. Finally, as you know, there are only a limited number of financial guaranty mechanisms for infrastructure construction that are generally acceptable to Weld County. These include posting a bond (which will have a substantial annual premium, even if a bond is available), cash, or a letter of credit. Currently the local banks charge one percent (1%) of the maximum exposure in a letter of credit as an annual fee. That means the cost of providing a financial guaranty would cost in the range of$10,000-$20,000 per year. This is simply not a workable solution. Soaring Skies Ventures, LLC, is willing to dedicate easements for installation of sewer lines within the development, although the requested 30 foot width is substantially greater than the 10-20 feet customary in developments. Also, Soaring Skies is willing to include in the development agreement or covenants a commitment that if public sewer service is available at Ravindra M. Srivastava September 6, 2006 Page 3 the development boundary that all homes would connect to service within five(5) years. These are the terms that we have seen adopted in other similar developments in Larimer County. Considering that ISDS is accepted as a safe, reliable, efficient and effective way to provide sanitary sewer service in this part of Weld County and considering how late in the day in the approval process these new conditions are requested, we are requesting that the comments in your letter of July 31 be withdrawn or amended. We would be pleased to discuss this letter with representatives of Boxelder Sanitation District. Sincerely yours, Charles J. Cuypers CJC:js pc: Timothy Halopoff, Soaring Skies Ventures, LLC Brad Mueller, Weld County Planning Office SannF 64 0 %-' y `Q co 1 •1ST - 1 G T 31 July 2006 Mr. Brad Mueller Planner Weld County Planning Division 980 10`h Street Greeley, Colorado 80631 Re: Sanitary Sewer Service to the Proposed Sorrel Ridge PUD Dear Mr. Mueller: The Weld County Planning Department has sent to Boxelder Sanitation District (District), for its review and comment, the referral for Sorrel Ridge PUD. The proposed development envisages the creation of 9 residential lots served through individual sewage disposal systems (ISDS). The nearest available active District sanitary sewer line is located approximately/ mile east of Interstate 25 and Highway 14, approximately 5 miles away (by road) from the proposed development. However, recent activity in the area of Sorrel Ridge indicates there may be a sanitary sewer line constructed witnin the next year that will extend gravity sewer service to the south Y of section 9 in township 7N, range 67W,. If this occurs, sewer service may be within approximately 2 miles of Sorrel Ridge. It is the preference of the District that developments within its service planning area receive sewer service through public sewer systems. Exceptions can be and are made when public sewer service is found to be cost prohibitive. If the proposed subdivision is approved without public sanitary sewer service, the District would prefer that the approval be conciitionai, subject to the following p rovisioris, to ensure that as and when sanitary sewer service is found to be proximate to the development, then the subdivision must do the needful to connect to public sewer. The suggested conditions are: 1. The property being considered for development is included in Boxelder Sanitation District prior to approval of development plans by the County. 2. A plan is created for provision of public sanitary sewer service to and within the development as and when public sanitary sewer is available within 1 mile of said development. This planning for public sanitary sewer service must reviewed and approved by Boxelder, which approval must precede the approval prior of development plans by the County. 3. Easements or rights of way are created to accommodate sewer infrastructure in accord with approved plans identified above. 3201 East Mulberry. Unit Q - P.O. Box 1518 • Fort Collins, Colorado 80522 Phone (970) 498-0604 • Fax (970) 498-0701 • Email bsd@verinet.com 31 July, 2006 Mr. Brad Mueller Sorrel Ridge PUD Page 2 of 2 4. A mechanism is identified and put in place to finance the construction of such public sanitary sewer improvements as and when the condition (2) above is satisfied. This mechanism must be reviewed by the County and the District, and executed prior to approval of development plans by the County. These suggested conditions are not intended to impede the property owners from exercising the right to develop the property. Rather, these are mechanisms that will ensure the avoidance of the types of problems that are currently being faced by property owners whose parcels are on ISDS but who have no readily identified methods (planning, engineering, financing) by which to abandon ISDS in favor of proximate public sanitary sewer service. The District has previously encountered this type of situation in Larimer County and brought to the attention of the personnel at the Larimer County Dept. of Health and Environment, issues associated with providing public sanitary sewer service to clusters of properties currently on ISDS but proximate to public sanitary sewer service. The absence of plans and funding mechanisms for engineering and construction of public sanitary sewer infrastructure to serve existing ISDS properties proximate to public sewer, has led to the suggestions contained herein. As a result of recent interaction on matters of this type, the Larimer County Department of Health has encouraged the developer to proactively address the issues identified the District. District staff has met with the developer and his engineer and is in the process of addressing the aforementioned issues. Perhaps it would be meritorious for the Weld County planning and/or environmental health personnel to meet with District staff so that we can discuss these matters of mutual interest. Please call if you have questions on this matter. Incerely, I- Ravindra M. Srivastava, Ph.D., P.E. Genera! Manager Copy: Soaring Skies Ventures, LLC \\boxeldersrv\shared\DEVELOPMEMIBasins\East_Basin\Drake_Interceptor_Subbasin\Sorrel-Ridge\2006-07-31-Sorrel- Rdge.doc • S (9€BSao/e. 9 • F as OUST - ICT 31 May 2005 Mr. Timothy J. Halopoff, P.E. Manager Terra Firma Ventures, LLC, 5oARINbt,Sties'[&NT Lt5 P.O. Box 1245 Fort Collins,CO 80522-1245 Re: Sanitary sewer service to the proposed Shepherds Hill Estates subdivision Dear Mr. alopeff: �r You have sought information on the availability of sanitary sewer to the property being considered for the proposed Shepherds Hill Estates, in which nine lots are planned on a parcel of about 55 acres in Section 5, T7N, R67W, in Weld County, Colorado. This parcel is described as RE-3685,Lot B. The nearest available active public sanitary sewer line is just north of Hwy. 14 in the Vista Bonita subdivision between LCR5 and 1-25. The proposed site is approximately 3 miles as the crow flies from any currently constructed sewer infrastructure and would probably need a sewer line that would have an alignment at least 4 miles long to get to the edge of the proposed development. A pressure sewer line, if constructed to this property, would have an estimated construction cost of about $25/ft. This type of pipeline would cost at least $0.5 million. A gravity sewer line with the same or an alternate alignment would cosi at least twice as much. Such a sewer line, if constructed, would need to be paid for completely by the developer. Furthermore, the District board of directors may ask the developer to over-size either of the sanitary sewer lines identified above. Such an oversized sewer line would probably cost more than $1 million. In view of the magnitude of the costs mentioned above and the fact that the subdivision has only nine lots, it would not be unreasonable for the proposed subdivision to be served via an alternate wastewater disposal system. Boxelder Sanitation District will not object to the proposed subdivision being provided sanitary sewer service by alternate means, such as individual sewage disposal systems (ISDS). In accord with the applicable local government regulations, if and when public sanitary sewer facilities reach the proximity of the proposed subdivision, the properties may be required to obtain service from the District. In light of this future possibility, it is recommended that the ISDS be designed with the flexibility of hooking up to public sanitary sewer as and when it becomes available. Please call if you have questions on this matter. Sincerely, Ravindra M. Srivastava, Ph.D., P.E. • General Manager Isoxeldersroshaleegtak EL P N iIi i2al Qopi-95tgiciR@DhEieiK iro%0522 Phone (970) 498-0604 • Fax (970) 498-0701 • Email bsdOverinet.com August 28, 2006 Dr. Ravi Srivastava RECEIVED Boxelder Sanitation District J-R ENGINEERING P.O.Box 1518 "'��'� LOGO A'Nestrian Company Fort Collins, CO 80522 S0XELDER SANITATION DISTRICT 970-498-0701 Dear Dr. Srivastava: In response to your letter to Mr. Brad Mueller, Weld County Planning Division, dated July 31, 2006 and following the discussion that you and I had over the phone in mid-August, I understand Boxelder's ever-increasing dilemma for its difficult ability to post-fit current subdivision hook up once possible future sanitary service becomes available. Still, it should be noted that your letter to Soaring Skies Ventures, LLC in May of 2005 was one of the determining factors in purchasing the Sorrel Ridge property, and we now find our subdivision burdened with having to bear unexpected costs of design, easement, legal fees and possible schedule delays associated with the newly recommended conditions offered by your district. As I understand the new conditions, we will need a letter from you that releases this property to be able to receive final approval. After review of your suggested conditions, Soaring Skies Ventures, LLC is able to offer the following solutions to show in good faith that future sewer connections to all 9 lots of this subdivision have been thought out and partially provided for when and if Boxelder services ever become available in this relatively remote area; an area that has limited potential for dense subdivisions due to the limited zoning allowed by Weld County. First, a 30' wide easement to Boxelder has been dedicated on the Final Plat (attached). Second, a preliminary design (attached) has been drafted that exhibits the ability for future homes to be able to tie into the location of a future sanitary line located within the mentioned easement. Last. a statement can he added to the CC&R's of the homeowners agreement that states that sewer connections if mandated by law, must be made within 5-years of sewer availability within 400' of the property. Any provisions beyond those stated above appear to have financial and schedule effects that may end our ability to develop this property. If that ability ceases to exist, it will have severe financial consequences to Soaring Skies Ventures, LLC. Consequences that our clients are not prepared to incur. We hope that the above-mentioned efforts satisfy your concerns and we look forward to hearing from you concerning these items soon. Sincerely, Timothy J. Halopoff� JR Engineering, LLC 2620 East Prospect Road,Suite 190.Fort Collins,CO 80525 970-491-9888•Fax:970-491-9984•www.jrengineering.com IIEDUCATION FOR LIFE WND S OR Stephanie R.Watson Assistant Superintendent Business Services Weld County Planning Department 17 GREELEY OFFICE August 2006 AUG 1 G 2006 Brad Mueller Weld County Planning Department RECEIVED 918 10th Street Greeley, CO 80631 RE: Sorrel Ridge PI)D Final Plat Dear Mr. Mueller: The above referenced Final Plat is proposed for nine single-family detached units on 54.6 acres located east of Weld County Road 15 and north of Weld County Road 84. This letter first summarizes the implications for school sites and facilities. Second, it addresses the school district's ability to financially accommodate the students this subdivision would generate. Based upon the application and previous information provided on behalf of the applicant, the following student generation is anticipated (see Table 1 for detailed calculations): Estimated Student Generation School Type (Grades Served) Students Elementary(K-5) 3 Middle (6-8) 2 Senior High (9-12) 2 Total 7 This level of student generation results in the need for 0.19 acres of land necessary to support the school facilities required to serve these students. While student and land impacts appear minimal, approved residential development within the area of the project contributes to a substantial cumulative impact upon the School District. In addition, the effect upon school site planning is significant because of the difficulty in acquiring school sites in the appropriate locations and sizes to serve such development. Given the rapid growth of other areas within the School District,Windsor Re-4 remains concerned with its financial ability to provide for continuing growth within the area of the project. This and related concerns are discussed in detail below. WELD COUNTY SCHOOL DISTRICT RE-4 Business Services 1020 Main Street • P.O. Box 609 - AVindso,, CO 80550 • 19'01 686-8000 • Fax (970) 686-5280 Site Issues Due to the size of the development,land dedication is not feasible to offset the impact of growth upon the School District. Therefore, District Re-4 requests cash-in-lieu of land at a higher amount to reflect current market value of land within the area. Given the substantial amount of residential development opportunity within District, it is strongly recommended that the County, developer and the School District consider the effects of growth upon existing and future school sites. Facility and Fiscal Capacity Issues Grandview Elementary Schools, Windsor Middle School, and Windsor High School currently serve this area. Capacities and recent enrollments of these schools are: Seats Student Eaiuilineut Available School(Grades) Capacity (10/1/05) (Short) Grandview Elementary (K-5) 400 338 62 Windsor Middle School(6-8) 700 788 (88) Windsor High School (9-12) 1240 956 284 Capacities of the schools that will serve this proposed development are either surpassing or quickly approaching their limit. The acceleration of residential growth and growth potential raises the School District's concern regarding its ability to provide adequate educational opportunities. Approved development far exceeds the District's current capacity to fund educational facilities. Consequently, approval of this project would exacerbate the expected seat (capacity) shortages. As of July 1, 2006, the District's total bonding capacity approximated $56.2 million at 20 percent of assessed valuation per state statute. Debt outstanding from the previous bond election is $34.2 million leaving $22 million available for future facility needs throughout the District. Given residential development and student potential from already approved but not completed projects, this amount is sorely deficient to provide the necessary school facilities. If recent rates of growth are maintained, the District expects that within the next five to ten years, a new high school will likely be required. The costs associated with building a new high school will more than consume the remaining debt capacity, compromising the District's ability to provide for other areas of need, especially at the middle school level. Inadequate bonding capacity is the direct result of residential growth occurring at a pace that well exceeds the District's statutorily limited ability to fund school construction. Recommendations The School District remains very concerned about the recent trend toward accelerated residential activity and the ensuing enrollment that will follow as well as the District's physical and financial abilities to serve that growth. Since land dedication is not feasible from a development of this size, the District requests that the developer agree to pay cash in lieu of land at the amount established by the County. Recent review of data regarding land sales suggests that the cash-in-lieu amount should increase from S1,200 to 52,240 per unit (see attached calculations). Therefore, it is requested that the County revise its valuation of land prices for all property within the School District. Page 2 of 3 Given the payment of cash in lieu of land at the updated value of$2,240 per unit, the School District does not object to the approval of this Preliminary Plat if the developer satisfies the following condition. It is respectfully requested that mitigation be provided to offset the unmet capital costs (i.e. lack of bonding capacity) that will be experienced for school structures. Cooperation of the County, District, and developer is necessary in offsetting the adverse fiscal impacts of the rapid growth within the area. Your continuing cooperation is sincerely appreciated, as is the opportunity to comment upon issues of interest to the County, the School District and our mutual constituents. Should you have questions or desire further information, please contact me at your convenience. Sincerely, Ski) bLi Stephanie R. Watson Assistant Superintendent Business Services Page 3 of 3 • • • Weld County Referral lk COLORADO July 19, 2006 The Weld County Department of Planning Services has received the following item for review: Applicant Soaring Skies Ventures LLC Case Number PF-1099 Please Reply By August 17, 2006 Planner Brad Mueller Project Final plat approval for 9 lots in the Sorrel Ridge PUD (fka Shepherds Hill Estate PUD) Legal Lot B of RE-3685; Pt S2 of Section 5, T7N, R67W of the 6th P.M., Weld County, ij Colorado. Location East of and adjacent to CR 15 and approx. 1/4 mile north of CR 84 Parcel Number 0705 05 300018 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. Weld County Utility Board Hearing (if applicable) August 10, 2006 We have reviewed the request and find that it does/does not comply with our Comprehensive Plan We have reviewed the request and find no conflicts with our interests. tSI See attached letter. Comments: ((Ay. L, a�.�.. CbtA SignatureDate z C U� Agency ?D c,, di ot, H t Ay,kti (-1 •'r Weld County Planning Dept. +918 10'"Street, Greeley, CO. 80631 4(970)353-6100 ext.3540 4(970)304-6498 fax Weld County Planning Department GREELEY OFFICE mire ire AUG 2 g 2006 Fire Prevention Bureau R • orE WED570 . • 102 Remington Street Fax: 970-221-6635 i Author 1tY Fort Collins, CO 80524 Internet: www.poudre-fire.or �s •i/ TO: Brad Mueller, Weld County Planner FROM: Carle Dann, Fire Protection Technician, Poudre Fire Authority, phone 970.416.2869 °a/c) RE: Sorrel Ridge PUD (PZ-1099) DATE: August 21, 2006 CC: Tim Halopoff Poudre Fire Authority will enforce the 1999 Larimer County Land Use Code Section 8.1.4.E., Other standards, and the 1997 Uniform Fire Code and its accompanying local ordinances, as follows > ACCESS: Referring to the attached letter from Ron Gonzales of Poudre Fire Authority, dated March 26, 2006, a fire lane (second access point) will not be required, if all houses in the subdivision are equipped with approved automatic fire- sprinkler systems. > WATER SUPPLY: Fire hydrants must be the type approved by the water district having jurisdiction and the Fire Department. Hydrant spacing and water flow must meet minimum requirements based on type of occupancy. Flow and spacing and flow requirements outside the Urban Growth Area are 500 gpm at 20 psi residual pressure, spaced not farther than 400 feet to any building, on 800-foot centers thereafter. These requirements may be modified if buildings are equipped with automatic fire sprinkler systems. ➢ ADDRESS NUMERALS: Address numerals shall be visible from the street fronting the property, and posted with a minimum of six-inch (6) numerals on a contrasting background. (Bronze numerals on brown brick are not acceptable). U€J1 gre Fire Prevention Bureau EE!Efire.org L lu.lth '�ty Fort Collins,CO 80524 TO: Sheri Lockman Weld County Planner FROM: Ron Gonzales,Assistant Fire Marshal, Plan Review RE: Sorrel Ridge, Case#PZ-1099 DATE: Wednesday, March 29, 2006 Cc: Soaring Skies Venture, LLC P.O. Box 1245 Fort Collins, CO 80522-1245 In accordance with the 97LCLUC 8.1.4C, Other Standards,the Poudre Fire Authority will enforce the 97Uniform Fire Code along with its accompanying local ordinances as follows: REQUIRED ACCESS: A fire lane is required,this fire lane shall be visible by painting and signage, and maintained unobstructed. A fire lane plan shall be submitted for approval prior to installation. 97UFC901.2.2.1; 9013; 901.4.2; 902.2.1 NOTE: Because a fire lane is not being provided, all residential buildings on lots 1-9 shall be fire sprinklered. SPRINKLER REQUIREMENTS: All homes in this subdivision shall be fire sprinklered because the required second point of access is not being provided. This project is approved with fire sprinklers only,due to lack of access. The Poudre Fire Authority requests this note be included on the plat for Case#PZ-1099. S S``'``"` R 1 {,.-j 1 ) bL' )- AL 1 e. 1 et C. — (Vi &J C 1 - 1 C„t, C ? ,, --hi— , e4 4 uv tn.-) 1 c— hw fa ' L� F /r SORREL RIDGE PUD Developer: Soaring Skies LLC (formerly SHEPHERDS HILL ESTATES PUD) Timothy Halopoff Case #PZ-1099 (Change of Zone from Ag to PUD) Planner: Sheri Lockman PT S2 5-7-67 ZONED PUD/ESTATE IS NOTIN FLOOD PLAIN (0475D) NORTH WELD COUNTY WATER DISTRICT BOXELDER SANITATION DISTRICT POUDRE VALLEY REA XCEL ENERGY POUDRE VALLEY FPD WELD COUNTY SD RE-4 QWEST COMMUNICATIONS 9 RESIDENTIAL LOTS PRELIMINARY ADDRESSING - revised 11/1/05 Lot 1 41212 Sorrel Ridge Road Lot 2 41318 Sorrel Ridge Road Lot 3 41324 Sorrel Ridge Road Lot 4 41330 Sorrel Ridge Road Lot 5 41336 Sorrel Ridge Road Lot 6 41340 Sorrel Ridge Road Lot 7 41346 Sorrel Ridge Road —or- 41355 Sorrel Ridge Road (depending on access) Lot 8 41356 Sorrel Ridge Road Lot 9 41350 Sorrel Ridge Road Tract A 41366 Sorrel Ridge Road Lin Dodge, Building Technician Building Department 918 10th Street Greeley CO 80631 Phone: (970)353-6100, extension 3574 10/21/05 WELD COUNTY ROAD ACCESS INFORMATION SHEET Weld County Department of Public Works 111 H Street, P.O. Box 758, Greeley, Colorado 80632 Phone: (970 )356-4000, Ext. 3750 Fax: (970) 304-6497 Road File #: Date: RE # : Other Case #: 1. Applicant Name 5oAi41NU 5/GCs Ve,.,ruaxs, LLC- Phone 97o•ZIS-SZ55 Address PO. toy /zYS City F,or Coc.u..S State Co Zip Sera 2-l2YS 2. Address or Location of Access tib%cto IZoavwfrol Acc ≤ Ar T4-ex.sr.wy a42icULtw-s-t-AcT-tss2ab's'➢f' Section 5 Township 74 Range (o7u/ Subdivision tl/A Block N/A Lot B RE-34.85- Weld County Road #: 15 Side of Road EAST Distance from nearest intersection 9!5O-R 3. Is there an existing access(es)to the property? Yes ✓ No # of Accesses 1.. 4. Proposed Use: / ❑ Permanent etJ tresidentiaAgricultural ❑ Industrial ❑ Temporary 04 $ubdivisiort ❑ Commercial ❑ Other 5. Site Sketch Legend for Access Description: AG = Agricultural Q Oa RES = Residential O8G = Oil&Gas GR 96, D.R. = Ditch Road CACTUS RILL LA-regai- n = House DD PRoPoscp ❑ = Shed 5ORQEr- IZw6E A = Proposed Access + tat • = Existing Access AACT N Ni ay• CI OD ca 8,f..«.........«......................... OFFICE USE ONLY: Road ADT Date Accidents Date Road ADT Date Accidents Date Drainage Requirement Culvert Size Length Special Conditions ❑ Installation Authorized ❑ Information Insufficient Reviewed By: Title: APPLICATION ASSISTANCE AND OFFICE LOCATIONS Department of Planning Services Weld County Planning and Zoning North Weld Building -17- • SPECIAL WARRANTY DEED (Soaring Skies Ventures LLC— Sorrel Ridge Homeowners Association) THIS SPECIAL WARRANTY DEED is made and entered as of the 6y of November, 2006, by and between SOARING SKIES VENTURES LLC, a Colorado Limited Liability Company, the address of which, for purposes of this Deed, is P.O. Box 1245, Fort Collins, Colorado 80522-1245 ("Grantor"), and SORREL RIDGE HOMEOWNERS ASSOCIATION, a Non-Profit Corporation, the address of which, for purposes of this Deed, is P.O. Box 1245, Fort Collins, Colorado 80522-1245 ("Grantee"). WITNESSETH: That the Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does hereby grant, bargain, sell, convey and confirm unto the Grantee, its successors and assigns, forever, all the real property, together with improvements, if any, situate, lying, and being in the County of Larimer, State of Colorado, legally described on Exhibit "A" attached hereto and incorporated herein by reference ("Property"). TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the Grantor, either in law or equity, of, in and to the Property, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the Property with the appurtenances unto the Grantee, its successors and assigns, forever. The Grantor, for itself, its successors and assigns, does covenant and agree that it shall and will warrant and forever defend the Property in the quiet and peaceable possession of the Grantee, its successors and assigns, against all and every person or persons claiming the whole or any part thereof, by, through or under the Grantor, subject to taxes for the current year and subsequent years, a lien but not yet due and payable, and except liens, assessments, encumbrances, covenants, conditions, restrictions, reservations, rights of way, easements, and other encumbrances, similar or dissimilar of record, and the Grantor warrants the title to the Property, against all and every person or persons claiming the whole or any part thereof, by, through or under the Grantor. er recording,return to: Wolfe,Van Ackern&Cuypere LIP 1008 Centre Avenue ;ort Collins. CO R0526 It is the intent of the Grantor that the Property be part of the Common Element subject to the Declaration of Covenants, Conditions, Restrictions and Easements for Sorrel Ridge P.U.D. IN WITNESS WHEREOF, the Grantor has executed this Special Warranty Deed as of the day and year first above written. SOARING SKIES VENTURES LLC A Colorado Limited Liability Company By Timothy J. Hal poff, Matta STATE OF COLORADO ) ) ss. COUNTY OF LARIMER ) The foregoing instrument was acknowledged before me this (` of November, 2006, by Timothy J. Halopoff, as Manager of SOARING SKIES VENTURES LLC, a Colorado Limited Liability Company. My Commission Expires: St 7- zoo? L = Notary Public C) rO EXHIBIT A N1, ` Legal Description of Property SORREL RIDGE P.U.D. PF-1099 Tracts A, B, and C, all situated in Lot B of recorded exemption No. 0705-05-3-RE-3685 being a part of the South '/2 of Section 5, Township 7 North, Range 67 West of the 6th P.M., County of Weld, State of Colorado, said tracts being part of Sorrel Ridge, P.U.D. PF-1099 recorded in the Office of the Clerk and Recorder for Weld County, Colorado at Reception No. on November , 2006. • (Street Address: All Vacant Land—No Street Addresses Assigned) SORREL RIDGE HOMEOWNERS ASSOCIATION ACTION OF DECLARANT/MEMBER BY UNANIMOUS CONSENT The undersigned, Soaring Skies Ventures, LLC, being the sole Declarant and Member under the Declaration of Covenants, Conditions, Restrictions and Easements for Sorrel Ridge Homeowners Association, hereby waive notice of and the holding of a meeting of the Members of the Sorrel Ridge Homeowners Association ("Association") and unanimously consent to the adoption of the following resolutions and recording thereof among the minutes of proceedings of the Association: RESOLVED, that the Articles of Incorporation of the Association filed with the Secretary of State of the State of Colorado on October 31, 2006, a copy of which is annexed to these resolutions,be, and the same hereby are, approved and accepted. RESOLVED, that the Bylaws, a copy of which is annexed to these resolutions, are hereby adopted and declared to be the Bylaws of the Association. RESOLVED, that the following persons are designated as Directors of the Executive Board of the Association until their respective successors are elected and qualified: Timothy J. Halopoff, Director James Randall, Director RESOLVED, that the Secretary of the Association be instructed to procure a well-bound book in which to preserve the records of the proceedings of the Members of the Association. The Secretary shall also be instructed to procure such ledgers, books of account and other supplies as may be required. The undersigned, being all of the Declarants and Members of Sorrel Ridge Homeowners Association hereby unanimously consent to, approve and adopt the foregoing resolutions effective October 31, 2006, notwithstanding the actual date of signing. Declarant/Member SOARING SKIES VENTURES, LLC, A Colorado Limited Liability Company By: Timothy J. alopoff, ger SORREL RIDGE HOMEOWNERS ASSOCIATION ACTION OF DIRECTORS BY UNANIMOUS CONSENT The undersigned Timothy J. Halopoff and James Randall, the Directors of the Executive Board named in the Articles of Incorporation of SORREL RIDGE HOMEOWNERS ASSOCIATION, a corporation formed under the Colorado Nonprofit Corporation Act, hereby waive notice of and the holding of the organizational meeting of the Executive Board and unanimously consent to the adoption of the following resolutions and recording thereof among the minutes of proceedings of the Association: RESOLVED, that the Articles of Incorporation of the Association filed with the Secretary of State of the State of Colorado on October 31, 2006, a copy of which is annexed to these resolutions, be, and the same hereby are, approved and accepted. RESOLVED, that the Bylaws, a copy of which is annexed to these resolutions, are hereby adopted and declared to be the Bylaws of this Association. RESOLVED, that the following persons are elected officers of the Association in the respective capacities set before their names to serve until the first annual meeting of the Executive Board and until their respective successors are elected and qualified: President Timothy J. Halopoff Secretary/Treasurer James Randall RESOLVED, that the Secretary of the Association be instructed to procure a well-bound book in which to preserve the minutes of the meetings of the Executive Board and Members of the Association, and in which shall be kept the Certificate of Incorporation issued by the Secretary of the State of Colorado, attached to which is the duplicate original to the Articles of Incorporation, and the original copy of the Bylaws of the Association. The Secretary shall also be instructed to procure such ledgers, books of account and other supplies as may be required. RESOLVED, that the seal of the Association, if acquired and used, shall consist of a circular imprint bearing around the outside rim the words " SORREL RIDGE HOMEOWNERS ASSOCIATION " and the word "COLORADO" and in the center the word "SEAL." RESOLVED, that the officers of the Association cause to be prepared, appropriate books and records in which shall be recorded, among other things, the names and addresses of the Members of the Association and the Owners of Lots in Sorrel Ridge P.U.D. RESOLVED, that the principal office of the Association be established and maintained at 2819 Seccomb Street, Fort Collins, Colorado 80526, until said location is changed by further resolution of the Executive Board. The undersigned, being all of the Directors of the Executive Board of SORREL RIDGE HOMEOWNERS ASSOCIATION, hereby unanimously consent to, approve and adopt the foregoing resolutions effective October 31, 2006, notwithstanding the actual date of signing. Executed: October 315;2006. /&al aiutsicat% J es Randall, Director Executed: October 31� 2006. Timothy J. H opp CERTIFICATION I hereby certify that the foregoing Action of Directors by Unanimous Consent was filed among the minutes of the Executive Board of SORREL RIDGE HOMEOWNERS ASSOCIATION. Executed: October 315', 2006. 644a 4} C� 4n�a � J. es Randall, S cretary BYLAWS OF SORREL RIDGE HOMEOWNERS ASSOCIATION ARTICLE I. NAME AND LOCATION The name of this nonprofit Corporation is Sorrel Ridge Homeowners Association, hereinafter referred to as the "Association." The principal office of the Corporation shall initially be located at 2819 Seccomb Street, Fort Collins, Colorado 80526, but meetings of Members and Directors may be held at such places within the state of Colorado, County of Larimer, as may be designated by the Executive Board. ARTICLE II. DEFINITIONS "Act" shall refer to the Colorado Common Interest Ownership Act (Colorado Revised Statutes 38-33.3-101 et. seq.), as amended from time to time. "Association" shall mean and refer to Sorrel Ridge Homeowners Association, a Colorado Corporation, its successors and assigns. "Common Area" shall mean all real property owned by the Association for the common use and enjoyment of the owners. "Declarant" shall mean and refer to Sorrel Ridge, Inc. a Colorado corporation, its successors and assigns. "Declaration" shall mean and refer to the Declaration of Covenants, Conditions and Restrictions for Sorrel Ridge recorded in the office of the Weld County Clerk and Recorder, Colorado. "Members" shall mean and refer to the lot owners within the common interest community who shall be entitled to membership as provided in the Declaration. "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of the fee simple title to any lot within the Property, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation. "Property" shall mean and refer to the Lots and Common Element described in the Declaration of Covenants, Conditions and Restrictions for Sorrel Ridge, which properties are know collectively as "Sorrel Ridge", in Weld County, Colorado. ARTICLE III. MEMBERSHIP Every person or entity who is a record owner of a fee, or undivided fee, interest in any lot within the Property including contract sellers, but not including contract purchasers, shall be a member of the Association. The foregoing is not intended to include persons or entities who hold an interest merely as security for the performance of an obligation. Membership shall be appurtenant to, and may not be separated from ownership of any lot. ARTICLE IV. VOTING RIGHTS 4.1 Declarant's Rights. Declarant reserves the right to appoint and remove the officers and members of the Executive Board of the Association until the earlier to occur of the following: (a) sixty days after conveyance of seventy-five percent (75%) of the lots within the Property to owners other than Declarant; or (b) two years after the last conveyance of a lot by Declarant in the ordinary course of business. 4.2 Transfer of Rights to Owners. Not later than sixty days after conveyance of one- fourth (1/4th) of the lots within the Property to owners other than Declarant, at least one member and not less than twenty-five percent of the Members of the Executive Board must be elected by owners other than Declarant. Not later than sixty days after conveyance of fifty percent(50%) of the lots to owners other than Declarant, not less than thirty-three and one-third percent of the members of the Executive Board must be elected by owners other than Declarant. 4.3 Elections by Owners. Upon termination of the period of Declarant's control, the owners shall elect an Executive Board of at least three members, at least a majority of whom must be owners other than Declarant. To be eligible to be a member of the Executive Board, a Director must be an Owner who is not in violation of the Declaration. The Members may vote to have approximately one-third of the Executive Board elected each year so as to provide some continuity in the management. The Executive Board shall appoint the officers. The Executive Board and officers shall take office upon termination of the period of Declarant control. 4.4 Surrender of Declarant's Rights. Declarant reserves the right to voluntarily surrender Declarant's right to appoint and remove officers and members of the Executive Board before termination of the period of Declarant control set forth above, in which event Declarant may require, for the duration of the period of Declarant control set forth above, that specified actions of the Association or Executive Board, as described in a recorded instrument executed by Declarant, be approved by Declarant before they become effective. ARTICLE V. MEETINGS OF MEMBERS 5.1 Annual Meetings. The first annual meeting of the Members shall be held in October, 2006, and each subsequent regular annual meeting of the Members shall be held in February of 2 each year thereafter. If the day for the annual meeting of the Members is a legal holiday, the meeting will be held at the same hour on the first day following which is not a legal holiday. 5.2 Special Meetings. Special meetings of the Members may be called at any time by the President or by a majority of the Executive Board, or upon written request of Members who are entitled to cast at least twenty percent(20%) of the votes. 5.3 Notice of Meetings. Written notice of each meeting of the Members shall be given by, or at the direction of, the Secretary or person authorized to call the meeting, by mailing a copy of such notice, postage prepaid, not less than ten (10) nor more than fifty (50) days before such meeting to each member entitled to vote thereat, addressed to the mailing address of each lot or to any other mailing addressed designated in writing by each lot's owner. Notices may also be hand-delivered. The notice of any meeting must state the time and place of the meeting and the items on the agenda, including the general nature of any proposed amendment to the Declaration or these Bylaws, any budget changes, and any proposal to remove an officer of a member of the Executive Board. 5.4 Quorum. A quorum shall be deemed present throughout any meeting of the Association if persons entitled to cast at least twenty percent (20%) of the votes are present, in person or by proxy at the beginning of the meeting. If, however, such quorum shall not be present or represented at any meeting, the Members entitled to vote thereat shall have power to adjourn the meeting from time to time, without notice other than announcement to those Members present or represented. A majority of the votes entitled to be cast by the Members present, or represented by proxy at a meeting at which a quorum is present, shall be necessary to transact business and to adopt decisions binding on all Members. 5.5 Voting/Proxies. At all meetings of Members, each member may vote in person or by proxy. All proxies shall be in writing and filed with the Secretary. Every proxy shall be revocable and shall automatically cease upon conveyance by the member of his lot. Voting at meetings shall comply with Section 38-33.3-310 of the Act. ARTICLE VI. EXECUTIVE BOARD, SELECTION 6.1 Number. The affairs of the Association shall initially be managed by an Executive Board of three(3) Directors. The number of Directors may be enlarged or reduced from time to time but the Executive Board shall be composed of at least two Directors. The number and selection of Directors elected by persons other than the Declarant shall comply with the provisions of Section 38-33.3-303 (6) of the Act. 6.2 Classification of Tenure. If the Executive Board is composed of six Directors, the Directors are hereby divided into three classes. Each class will consist, as nearly equal as possible, of one-third of the number of Directors then constituting the whole Executive Board. The term of office for those of the first class shall expire at the annual meeting next ensuing. 3 The term of office of the second class shall expire one year thereafter. The term of office of the third class shall expire two years thereafter. At each succeeding annual election, the Directors elected shall be chosen for a full term of three years to succeed those whose terms expire. In case of any increase in the number of Directors, the additional directorships so created may be filled in the first instance in the same manner as a vacancy in the Executive Board. 6.3 Removal. Any Director may be removed from the Executive Board, with or without cause, by a majority vote of the Members of the Association. In the event of death, resignation, or removal of a Director, his successor shall be selected by the remaining Members of the Executive Board and shall serve for the unexpired term of his predecessor. 6.4 Compensation. No Director shall receive compensation for any service he or she may render to the Association. However, any Director may be reimbursed for his actual expenses incurred in the performance of his duties. ARTICLE VII. NOMINATION AND APPOINTMENT OF DIRECTORS 7.1 Nomination. Until otherwise required by the Act, the Directors shall be appointed by the Declarant. Thereafter, and to the extent that Directors are to be elected by persons other than the Declarant, nominations for election to the Executive Board shall be made from the floor at the annual meeting. Such nominations may be made from among Members or nonmembers. 7.2 Election. Election to the Executive Board shall be by secret written ballot. At such election the Members or their proxies may cast, in respect to each vacancy, as many votes as they are entitled to exercise under the provisions of the Declaration. The persons receiving the largest number of votes shall be elected. Cumulative voting is not permitted. ARTICLE VIII. MEETING OF DIRECTORS 8.1 Regular Meetings. Regular meetings of the Executive Board may be held monthly without notice or on such other schedule as the board may determine at such place and hour as maybe fixed from time to time by resolution of the Executive Board. Should said meeting fall upon a legal holiday, then that meeting shall be held at the same time on the next day which is not a legal holiday. 8.2 Special Meetings. Special meetings of the Executive Board shall be held when called by any two Directors, after not less than three (3) days notice to each Director. 8.3 Quorum. A majority of the number of Directors shall constitute a quorum for the transaction of business. Every act or decision done or made by a majority of the Directors present at a duly held meeting at which a quorum is present shall be regarded as the act of the Executive Board. 4 ARTICLE IX. POWERS AND DUTIES OF THE EXECUTIVE BOARD 9.1 General Powers. The Executive Board shall have the power to perform all the duties, obligations and responsibilities provided in the Covenants, Conditions, Restrictions and Easements for Sorrel Ridge Homeowners Association and by law as well as those powers which are clearly implied in order carry out the intent of the Declaration and the Act. 9.2 Governance Policies of Executive Board. The Executive Board shall perform the following in its management of the affairs of the Association: (a) Maintain accounting records using generally accepted accounting principles; (b) Adopt rules and regulations concerning collection of assessments, Director's conflicts of interest, conduct of meetings, and enforcement of Declaration, including notice and hearing procedures and schedule of fines; (c) Adopt policy regarding inspection and copying of Association records by Owners or Owner's agents and investment of reserve funds; (d) Adopt procedure for amending rules and regulations; and, (e) Adopt policy for reimbursement of Directors for attending educational meetings and seminars on responsible governance of associations. ARTICLE X. OFFICERS AND THEIR DUTIES 10.1 Enumeration of Offices. The offices of this Association shall be a President, a Secretary, and a Treasurer, and such other officers as the Executive Board may from time to time by resolution create. 10.2 Election of Officers. The election of officers shall take place at the first regular meeting of the Executive Board. 10.3 Term. The officers of this Association shall be elected annually by the Executive Board and each shall hold office for one (1) year unless he or she shall sooner resign, or shall be removed, or otherwise disqualified to serve. 10.4 Resignation and Removal. Any officer may be removed from office with or without cause by the Executive Board. Any officer may resign at any time by giving written notice to the Executive Board, the President or the Secretary. Such resignation shall take effect on the date of receipt of such notice or at any late time specified therein, and unless otherwise specified therein, the acceptance of such resignation shall not be necessary to make it effective. 10.5 Vacancies. A vacancy in any office may be filled by appointment by the Executive Board. The officer appointed to such vacancy shall serve for the remainder of the term of the officer replaced. 5 10.6 Multiple Offices. The offices of Secretary and Treasurer may be held by the same person. No person shall simultaneously hold more than one of any of the other offices except in the case of special offices created pursuant to Section 4 of this Article. 10.7 Duties. The duties of the officers are as follows: President The President shall preside at all meetings of the Executive Board; shall see that orders and resolutions of the Executive Board are carried out; shall sign all leases, mortgages, deeds and other written instruments and may co-sign all checks and promissory notes. Secretary The Secretary shall record the votes and keep the minutes of all meetings and proceedings of the Executive Board and of the Members; keep the corporate seal of the Association and affix it on all documents requiring said seal; serve notice of meetings of the Executive Board and of the Members; keep appropriate current records showing the Members of the Association together with their addresses, and shall perform such other duties as required by law. Treasurer The Treasurer shall receive and deposit in appropriate bank accounts all monies of the Association and shall disburse such funds as directed by resolution of the Executive Board; may sign all check and promissory notes of the Association; keep proper books of account; may cause an annual audit of the Association books to be made by a public accountant at the completion of each fiscal year; and shall prepare an annual budget and a statement of income and expenditures to be presented to the membership at its regular annual meeting, and deliver a copy of each to the Members. ARTICLE XI. COMMITTEES The Executive Board may appoint such committees as deemed appropriate in carrying out its purposes. ARTICLE XII. BOOKS AND RECORDS 12.1 Inspection of Books and Records. The Association shall make available for inspection at its principal office, upon request, during normal business hours or under other reasonable circumstances to Owners and holders of security interests, current copies of the association documents and the books, records, and financial statements of the Association 6 prepared pursuant to the Bylaws. Any Owner or security interest holder may make a written request to the Association for a copy of the financial statements for the preceding year. The Association may charge a reasonable fee for copying such materials. 12.2 Association Records. The Association shall maintain the following records at its principal office: (a) Final Plat (b) Development Agreement (c) Final Use Plan (d) Articles of Organization (e) By-laws (0 Declaration and amendments (g) Resolutions of the Executive Board (h) Minutes of Owners' meetings and records of Owners' actions without meetings for past three years (i) All written communications to Owners for past three years (j) Names, addresses and telephone numbers of current Directors and officers (k) Most recent financial reports (1) All financial reports and audits for past three years. ARTICLE XIII. ASSESSMENTS The Association shall have all rights and authorities granted it by the Declaration and the Act, to levy and collect assessments. ARTICLE XIV. CORPORATE SEAL The Association may elect to obtain a seal in circular form having within its circumference the words, "Sorrel Ridge Homeowners Association, a Colorado Nonprofit Corporation." ARTICLE XV. AMENDMENTS 15.1 These Bylaws may be amended, at any regular or special meeting of the Executive Board at which a quorum is present, by a vote of 67 percent of the votes present. Members must be given notice of such proposed amendment, as required by the Act. 15.2 In the case of any conflict between the Articles of Incorporation and these Bylaws, the Articles shall control; and in the case of any conflict between the Declaration and these Bylaws, the Declaration shall control. ARTICLE XVI. MISCELLANEOUS The fiscal year of the Association shall begin on the first day of January and end of the thirty-first day of December of every year, except that the first fiscal year shall begin on the date of incorporation. IN WITNESS WHEREOF, we, being all of the Directors of the Executive Board of Sorrel Ridge Homeowners Association, have hereunto set our hands this . I rday of October, 2006. Timothy J. opof" f, Dire mes Randall, Director CERTIFICATION I, the undersigned, hereby certify: (a) I am the duly elected and acting Secretary of Sorrel Ridge Homeowners Association, a Colorado Nonprofit Corporation, and, (b) the foregoing Bylaws constitute the original Bylaws of said Association, as duly adopted at a meeting of the Executive Board thereof, held on the 3 i`•r day of October, 2006. ln aJ �. C Secretary R • • 8308 Colorado Blvd..WCR 13, Suite 200 Firestone, CO 80520 Phone: (303)833-6625 UNITED Fax: (720)240-0939 TITLE COMPANY OA/ n r'^J,J Thank you for giving us the opportunity to provide your closing G - (�11 and settlement services DELIVERY TRANSMITTAL DATE: June 1,2006 FILE NO.: U0013430 PROP.ADDR.: TBD - Weld County, ,CO OWNER/BUYER: /Soaring Skies Ventures,LLC Below is a list of clients to whom the attached materials have been delivered. Should you have any questions regarding these materials, please contact United Title Company at the above phone number. Please review the attached materials carefully. Please Deliver To The Customers Listed Below: TO: United Title Company ATTN: Sally Tower Firestone PHONE: (303) 833-6625 8308 Colorado Blvd.,WCR 13 FAX: (720)240-0939 Suite 200 E-MAIL: stower@unitedtitlecompany.com Firestone,CO 80520 DELIVERY: E-MAIL ❑ It checked,supporting documentation enclosed NO. OF COPIES: 1 TO: Adams Bank & Trust ATTN: Dale Tanaka 8308 Colorado Blvd. PHONE: (303)833-3575 P.O. Box 790 FAX: (303) 833-2796 - - Firestone, CO 80520 E-MAIL: dtanaka@abtbank.com DELIVERY: E-MAIL o If checked,supporting documentation enclosed NO. OF COPIES: 1 S • 06/01/2006 11:37:02 jh JH File No.: 00013430 STANDARD COMMITMENT FOR TITLE INSURANCE ISSUED BY United Title Company 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 TEE TITLE INSURANCE COMMITMENT. YOU SHOULD READ THE COMMITMENT VERY CAREFULLY. IF YOU HAVE ANY QUESTIONS ABOUT TIE COMMITMENT PLEASE CONTACT THE ISSUING OFFICE. AGREEMENT TO ISSUE POLICY First American Title Insurance Company, referred to in this commitment as the Company: through its agent United Title Company, 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 I and 2 of SCHEDULE B attached. • 06101/2006 11:37:02 jh 114 File No.: 110013430 CONDITIONS DEFINITIONS (a) "Mortgage means mortgage,deed of Dust or other security instrument. (b) 'Public Records"means title records that give constructive notice ofmaters affecting the title according to 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 I 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 usabout 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 goal faith to: • comply with the Requirements shown in Schedule B-Section I or • eliminate with our written consent my 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 isued to you. 5. CLALMS MUST BE BASED ON THIS COMMITMENT Any claim,whether or not hased on negligence,which you may have against us concerning the title to the land must be based on this Commitment and is subjea to its terms. DISCLOSURES GAP PROTECTION When this Company conducts the closing and is responsble for recording or filing the legal documents resulting from tie transaction,the Company shall be responsible for all matters which appear on the record prior to such time of recording or 61ng. MECHANIC'S LIEN PROTECTION If you are a buyer of a angle family residence you may request mecharic's lien coverage to be issued on your policy of insurance. If the property being purchased has not been the subject of constnscton,improvements or repair in the last six months prior to the date of this commitment,the requirerrents 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 app-oval 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 ofcounty commissioners,the county clerk and recorder,or the county assessor. PRIVACY PROMISE FOR CUSTOMERS We will not reveal nonpublicpersonal information to any external nonaffiliated organization unless we have bent authorized by the customer.or arc required by law. See attached Privacy Policy of Mercury Canpanies Inc.and United Title Company 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.At your title company representative for asistance with this issue. • 06/01/2006 II:37:02jh IFI File No.: U0013430 mercury companies- inc. Privacy Policy of Mercury Companies,Inc. And United Title Company We Are Committed to Safeguarding Customer Information In order to better serve your needs now and in the future,you have provided or will provide us with certrin information. We understand thatyou may be concerned about what we will do with smh information—particularly any personal or fimncial information. We agree thatyou have a right to know how we win utilize personal information you provide to us. Applicability This Privacy Policy governs our use of the information that you provide to us. It does not govern the manner in which we may use information we have obtained from any other source,such as information obtained from a public record or from another person or entity. Types of Information Depending upon which of our services you are utilizing,the types of nonpublic personal information that we may collect include: • Information we receive from you on applications,forms and in other mmmunications to us,whether in writing,in person,by telephone or any other means; • Information about your transitions with us,our affiliated companies,a others;and • Information we receive from a consumer-reporting agency. Use of Information The information you provide us is for our own legitimate business puposes and not for the benefit ofany affiliated or nonaffiliated party. Therefore,we will not release you information to affiliated and nonaffiliated parties except:(1)as necessary for us to provide tie product or service you have requested of us;or(2)as permitted by law. We may,however,store such information indefinitely,including tte period after which any customer relationship has ceased. Such information may be used for any internal purpose,such as quality control efforts or customer analysis. Furthermore,we may also provide all the information we collect,as described above,to companies that perform marketing services on our behalf,on behalf of our affiliated companies,or to other financial institutions with whom we or our affiliated companies have jointmarketing agreements. Former Customers Even if you are no longer our custorer,our Privacy Policy will continue to aptly to you. Confidentiality and Security We will use our beg efforts to ensure that no unauthorized paves have access to any of your information. We restrct access to nonpublic personal information about you to those individuals and entities that need to know that information to provide prodmts or services to you. We will useour best efforts to train and oversee our employees and agents to ensure that your information will be handled responsibly and in accordance with this Privacy Policy. We currently maintain physical,electronic,and procedural safeguards that comply with federal regulationsto guard your nonpublic personal information. alp United Title Company 8308 Colorado Blvd.,WOK 13, Suite 200 Firestone, CO 80520 Phone: (303)833-6625 Fax: (720)240-0939 CONLMIITMENT SCHEDULE A Commitment No: U0013430 1. Commitment Date: May 26,2006 at 8:00 a.m. 2. Policy or Policies to be issued: Proposed Insured: Policy Amount (a)Loan Policy 1 $ 375,000.00 Adams Bank& Trust, and/or assigns 3. Fee Simple interest in the land described in this Commitment is owned,at the Commitment Date by: Soaring Skies Ventures, LLC,A Colorado limited liability company 4. The land referred to in this Commitment is described as follows: Lot B of Recorded Exemption No. 0705-05-3-RE3685 recorded February 18, 2004 at Reception No. 3154846, being a part of the S '/z of Section 5,Township 7 North, Range 67 West of the 61°P.M., County of Weld, State of Colorado. (for informational purposes only) TBD - Weld County,, CO PREMIUM: Lenders Coverage $ 604.00 Tax Certificate $ 25.00 06/01/2006 11:37:08jh JH • 06/01/200611.37:02jh 1N File No.: U0013430 Form No. 1344-BI (CO-88) ALTA Plain Language Commitment 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: 1. Deed of Trust sufficient to encumber the fee simple estate or interest in the land described or referred to herein for the benefit of the Proposed Insured, Schedule A,Item 2 (a). NOTE: Statement of Authority for Soaring Skies Ventures, LLC, recorded August 25, 2005 as Reception No. 3316855 discloses the following: Timothy J. Halopoff as Member/Manager. (Pursuant to CRS 38-30-172 and CRS 38-30-108) 2. Release of the Deed of Trust from Soaring Skies Ventures LLC to the Public Trustee of Weld County for the benefit of Farmers Bank to secure an indebtedness in the principal sum of $260,700.00, and any other amounts and/or obligations secured thereby, dated September 9. 2005 and recorded September 26, 2005 as Reception No.3325807. 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). d 06/01/2006 11:37:02jh 3H File No.: 00013430 Form No. 1344-82(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. General Notes; County Notes; Restrictions, Terms and Obligations; Right of ways for Cactus Hill Lateral and Radius Oil and Gas Operation Area ; Proposed Easements and Access; as imposed by change of zone from the Agricultural Zone District to Planned Unit Development District by plat of Sorrel Ridge recorded May 18, 2006 as Reception No. 3389168. 8. Any existing leases or tenancies, mineral or otherwise. 9. Any water rights or claims or title to water, in, on or under the land. 10. Reservations made by the Union Pacific Railway Company in deed recorded November 3, 1906 in Book 233 at Page 58, providing substantially as follows: Reserving unto the company and its assigns all coal that may be found underneath surface of land herein described and the exclusive right to prospect and mine for same, also such right of way and other grounds as may appear necessary for proper working of any coal mines that may be developed upon said premises, and for transportation of coal from same; and any and all assignments thereof or interests therein. I I. Terms, conditions. provisions, agreements and obligations specified under the Surface Use Agreement by and between Anadarko E & P Company LLP (formerly known as Union Pacific Resources Company), and Soaring Skies Ventures, LLC recorded February 22, 2006 as Reception No. 3364702. 12. As limited by instrument recorded March 9, 2006 as Reception No. 3369257, wherein the Anadarko Land Corp. fica Union Pacific Land Company relinquished its rights to enter upon or damage the surface to the property. 13. Terms, conditions, provisions, agreements and obligations specified under the Memorandum of Agreement by and between Anadarko Land Corp. and Soaring Skies Ventures, LLC (Surface Owner) recorded March 9. 2006 as Reception No. 3369258. 06/01200611:37:02jh JH File No.: 1.10013430 Form No. 1344-B2(CO-88) ALTA Plain Language Commitment SCHEDULE B—Section 2 Exceptions (Continued) 14. Terms, conditions, provisions, agreements and obligations specified under the Easement and Right of Way Agreement by and between Soaring Skies Ventures LLC, a Colorado limited liability company and The North Poudre Irrigation Company, a Colorado non-profit corporation recorded February 1, 2006 as Reception No.3359473. • 11111111111111111 Ent"1111111 III 1111111111111 $p6 3325806 09/26/2005 10:444 Weld County, CO 1 of 1 R 6.00 0 43.45 Steve Moreno Clerk& Recorder WHEN RECORDED RETURN TO: Soaring Skies Ventures, LLC, a Colorado limited liability company 2819 Seccomb Street, P.O. Box 1245 SDF $43.45 Fort Collins, CO 80526 WARRANTY DEED THIS DEED, dated September 9, 2005, between Dyecrest Dairy Limited Liability Company, a Colorado limited liability company of the County of Larimer and State of Colorado, grantor(s), and Soaring Skies Ventures, LLC, a Colorado limited liability company, whose legal address is 2819 Seccomb Street, P.O. Box 1245, Fort Collins, CO 80526, of the County of Larimer and State of Colorado, grantee(s): WITNESS, that the grantor(s), for and in consideration of the sum of Four Hundred Thirty Four Thousand Five Hundred and 00/100 Dollars ($434,500.00), the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the grantee(s), his heirs and assigns forever, all the real property, together with improvements, if any, situate, lying and being in the County of Weld and State of Colorado, described as follows: Lot B of Recorded Exemption No. 0705-05-3-RE36B5 recorded February 18, 2004 at Reception No. 3154846, being a part of the S 1/2 of Section 5, Township 7 North, Range 67 West of the 6th P.M., County of Weld, State of Colorado. also known by street and number as: , , CO TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor(s), either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances; TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee(s), his heirs and assigns forever. The grantor(s), for himself, his heirs, and personal representatives, does covenant, grant, bargain and agree to and with the grantee(s), his heirs and assigns, that of the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are Free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature whatsoever, except general taxes for the year 2005 and subsequent years, and except easements, covenants, conditions, restrictions, reservations, and rights of way of record, if any. The grantor(s) shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable possession of the grantee(s), his heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF, the grantor has executed this deed on the date set forth above. Dyecrest Dairy Limited Liability Company, a Colorado limited liability company i / BY: Terence Dye Its: Manager STATE OF COLORADO )SS COUNTY OF WELD The foregoing instrument was acknowledged before me on September 09, 2005, by Terrence W. Dye who personally appeared as Manager of Dyecrest Dairy Limited Liability Comp y, a Colorado limi YJI liability om ny. Witness my hand and official seal. / , liability My Commission Expires: // ,61,0 otary Public %1ARYp -4k81-061 OA F•°F c....0OPI File No. TNGR0000603 DOC-WD Indv to Indv 4_ 11111111111111111III 1111111111 IIIIII III IIIII VIII IIII 3359473 02/01/2006 01:22P Weld County, CO 1 of 7 R 36.00 D 0.00 Steve Moreno Clerk& Recorder EASEMENT AND RIGHT OF WAY AGREEMENT This Easement and Right of Way Agreement, made and entered into effective as of the / day of December, 2005, by and between Soaring Skies Ventures LLC, a Colorado limited liability company,hereinafter called "Grantor" and The North Poudre Irrigation Company, a Colorado non-profit corporation, P.O. Box 100, 3729 Cleveland Avenue, Wellington. Colorado 80549, hereinafter called the "Ditch Company." 1. For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Grantor hereby grants, sells, conveys and transfers to the Ditch Company, its successors and assigns, a non-exclusive and permanent easement to construct, inspect, improve, repair, maintain, replace, remove and operate the westerly one—half of an open irrigation ditch and/or pipeline commonly known as the "Cactus Hill Lateral" for the storage, transmission, distribution, delivery and service of irrigation water, and all above ground and underground and service appurtenances thereto, including channels, metering stations, vaults, enclosures, identification signs, checks, headgates, dams and other fixtures, over, across, under and upon the following described land, situated in Lot A, Recorded Exemption No. 0705-5-3 RE 3685, as recorded at Reception No. 3154846, also located in Section 5, Township 7 North, Range 67 West of the 6th PM, County of Weld. State of Colorado, to wit: See attached Exhibit A. The easement and right of way described on Exhibit A for the ditch shall be 35 feet wide with the easterly line of the easement and right of way as described being the centerline of the Cactus Hill Lateral. 2. Grantor further grants to the Ditch Company within the easement and right of way: 2.01 The right to grade the easement area for the full width thereof and to extend the cuts and fills with such grading into and on the land along and outside of the easement to the extent as the Ditch Company may find reasonably necessary; 2.02 The right to support the ditch and pipeline across ravines and water courses with such structures as the Ditch Company shall deem necessary; 2.03 The right of ingress to and egress from the easement over and across all of the land of Grantor by means of such route or routes as the Grantor may designate from time to time; 2.04 The right to grade for, construct, maintain and use such roads on and across the easement as the Ditch Company may deem necessary in the exercise of the right of ingress and egress or to provide access to property adjacent to the land; 2.05 The right to install, maintain and use gates and/or cattle guards in all fences that cross or enclose the easement; 1111111111111111111111111111 /III 111111 III 11111 It 3359473 02/01/2006 01:22P Weld County, CD 2 of 7 R 36.00 D 0.00 Steve Moreno Clerk & Recorder 2.06 The right to mark the location of the easement by suitable markers set in the ground; provided that any such markers remaining after the period of construction shall be placed in fences or other locations which will not interfere with any reasonable use Grantor shall make of the easement; 2.07 All other rights necessary and incident to the full and complete use and enjoyment of the right-of-way and easement for the purposes herein granted. 3. Grantor hereby covenants and agrees: 3.01 The Grantor shall not erect or place any permanent building, structure; improvement, fence or tree on the described easement. The Ditch Company shall not be liable for the removal of any items placed on the easement in violation of this provision. Grantor agrees to remove such items at Grantor's sole expense. 3.02 Grantor shall not excavate in or near the ditch and shall not diminish nor substantially add to the ground cover in the easement or over the pipelines, if any, or appurtenances. 3.03 Grantor shall not grant any other easement, right-of-way, permit or license upon, under or over the easement without the written consent of the Ditch Company. 3.04 Grantor warrants that Grantor is the owner in fee of the above-described lands and will defend the title thereto against all claims, and that said lands are free and clear of encumbrances and liens of whatever character, except those appearing of record. 3.05 The Grantor reserves the right to use the easement for any purpose that is not inconsistent with or detrimental to the occupancy and/or use of the easement by the Ditch Company, including ingress to and egress from lots bordering the easement by the Grantor, its designated successors, their contractors, employees, materialmen, and assigns for the purpose of conducting therein and thereon such work of maintenance, improvement, construction, utility installation, development, installing and maintaining landscaping using plants and grasses that do not jeopardize the integrity of the ditch and/or pipeline, and other reasonable activities as the Grantor may deem necessary or desirable, and emergency access by public safety agencies. 4. It is agreed by the parties: 4.01 Grantor reserves all oil, gas and other minerals in, on and under the above- described lands, and Grantor shall not grant any right in the surface or otherwise that will materially interfere with the rights and privileges herein granted to the Ditch Company. 4.02 Each and every one of the benefits and burdens of this easement and right-of-way shall inure to and be binding upon the respective successors, and assigns of the parties hereto. 4.03 The easement includes the right to clean the ditch system, the right to deposit earth and other materials on the easement, the right to change the location of the ditch within the easement or to place the irrigation system in an enclosed pipe. 4.04 The Grantor grants the right of ingress to and egress from the easement over and across all of the land of Grantor by means of such route or routes as the Grantor may designate from time to time for the benefit of Ditch Company, its designated successors, their contractors, 1111111 11111 11111 111111 11111 HUE I 1111111 III 11111 I I I I I I I I 3359473 02/01/2006 01:22P Weld County, CO 3 of 7 R 36.00 D 0.00 Steve Moreno Clerk & Recorder employees, materialmen, and assigns for the purpose of conducting therein and thereon such work of maintenance, improvement, construction, utility installation, development, and other reasonable activities as the Ditch Company may deem necessary or desirable. 4.05 The Ditch Company is granted the full right and authority to cut, trim, remove, destroy, or modify any trees, shrubs, structures, fences, or other improvements within the easement that may cause a hazard to the ditch, pipeline, or facilities. The Grantor, landowners, and the homeowners association, shall not plant, place or maintain any trees, shrubs, structures, fences or other improvements within the easement. The Ditch Company shall install gates or cattle guards so that the Ditch Company has easy passage to its ditch, pipeline, and facilities. The Ditch Company shall provide keys to the Grantor for all locked gates or permit the Grantor to install its own locks. GRANTOR: Soaring Skies Ventures LLC, A Colorado Limited Liability Company, By: Timothy J. Ha poff, M ag GRANTEE: The North Poudre Irrigation Company, A Colorado Non-Profit Co ration, J By: &%c- I Mi tary Si .son, President HUH HUHU 1111111131 1111 111111 III 111111111 I I I I 3359473 02/01/2006 01:22P Weld County, CO 4 of 7 R 36.00 D 0.00 Steve Moreno Clerk & Recorder STATE OF COLORADO ) ) ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this I day of December, 2005, by Timothy J. Halopoff, as Manager of Soaring Skies Ventures LLC, a Colorado limited liability company, as Grantor. Witness my hand and official seal. Jp\. . ....k % or • O /� 11 r�Y i e 1,, �� n Q a ,,__._ Ni; ul$ici /ale N'.. .<2.M WIt�nli n expires: %k 2.2- \ 7--`'O 9 j•.i/E31-;"ate, pQ'r (�``o`C0`s STATE OF COLORADO ) My Commission Expires 6/22/2036 ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this day of September, 2005, by Gary Simpson, as President of The North Poudre Irrigation Company, a Colorado non-profit corporation, as Grantee. Witness my hand and official seal. i / 1L� Notary Public C i My commission expires: /7 /,_‘ a /'k 7% \ PUBLIC e z r 1111111 11111 11111 111111 lilt 1111 1411 III IIIII IIII IIII • 3359473 02/01/2006 01:22P Weld County, CO 5 of 7 R 36.00 D 0.00 Steve Moreno Clerk& Recorder LEGAL DESCRIPTION DITCH EASEMENT A PARCEL OF LAND LOCATED IN SECTION 5, TOWNSHIP 7 NORTH, RANGE 67 WEST OF THE 6TH PM, COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BASIS OF BEARING: THE SOUTH LINE OF LOT B, RECORDED EXEMPTION NO. 0705-05-3 RE-3685, RECORDED AT RECEPTION NO. 3154846 IN THE WELD COUNTY CLERK AND RECORDER'S OFFICE, AS BEARING N89°44'07"W. BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT B; THENCE N89°44'07"W, ON THE SOUTHERLY LINE OF SAID LOT B, A DISTANCE OF 35.18 FEET, TO A POINT OF CURVATURE; THENCE ON THE ARC OF A NON-TANGENT CURVE TO THE RIGHT, SAID CURVE HAVING A DELTA OF 01°09'52", A RADIUS OF 1424.99 FEET AND A LENGTH OF 28.96 FEET, THE CHORD OF SAID CURVE BEARING N04°55'41"W, A DISTANCE OF 28.96 FEET, TO A POINT OF CURVATURE; THENCE ON THE ARC OF A CURVE TO THE LEFT, SAID CURVE HAVING A DELTA OF 10°56'58", A RADIUS OF 615.00 FEET AND A LENGTH OF 117.53 FEET, THE CHORD OF SAID CURVE BEARING N09°49'15"W, A DISTANCE OF 117.35 FEET, TO A POINT OF NON-TANGENCY; THENCE N15°17'44"W, A DISTANCE OF 133.10 FEET, TO A POINT OF CURVATURE; THENCE ON THE ARC OF A NON-TANGENT CURVE TO THE LEFT, SAID CURVE HAVING A DELTA OF 21°38'10", A RADIUS OF 175.00 FEET AND A LENGTH OF 66.08 FEET, THE CHORD OF SAID CURVE BEARING N26°06'45"W, A DISTANCE OF 65.69 FEET, TO A POINT OF NON- TANGENCY; THENCE N36°55'50"W, A DISTANCE OF 142.77 FEET, TO A POINT OF CURVATURE; THENCE ON THE ARC OF A NON-TANGENT CURVE TO THE RIGHT, SAID CURVE HAVING A DELTA OF 21°47'08", A RADIUS OF 935.00 FEET AND A LENGTH OF 355.51 FEET, THE CHORD OF SAID CURVE BEARING N26°02'12"W, A DISTANCE OF 353.38 FEET, TO A POINT ON THE NORTHERLY LINE OF SAID LOT B; THENCE S89°44'27"E, ON SAID NORTHERLY LINE, A DISTANCE OF 36.36 FEET, TO THE NORTHEASTERLY CORNER OF SAID LOT B, AND A POINT OF CURVATURE; THENCE ON THE EASTERLY LINE OF SAID LOT B THE FOLLOWING SIX (6) COURSES; 1) THENCE ON THE ARC OF A NON-TANGENT CURVE TO THE LEFT, SAID CURVE HAVING A DELTA OF 21°10'15", A RADIUS OF 900.00 FEET AND A LENGTH OF 332.55 FEET, THE CHORD OF SAID CURVE BEARING S26°20'39"E, A DISTANCE OF 330.66 FEET, TO A POINT OF NON-TANGENCY; 2) THENCE S36°55'50"E, A DISTANCE OF 142.77 FEET, TO A POINT OF CURVATURE; 3) THENCE ON THE ARC OF A NON-TANGENT CURVE TO THE RIGHT, SAID CURVE HAVING A DELTA OF 21°38'10", A RADIUS OF 210.00 FEET AND A LENGTH OF 79.30 FEET, THE CHORD OF SAID CURVE BEARING S26°06'45"E, A DISTANCE OF 78.83 FEET, TO A POINT OF NON-TANGENCY; 4) THENCE 515°17'44"E, A DISTANCE OF 133.10 FEET, TO A POINT OF CURVATURE; 5) THENCE ON THE ARC OF A NON-TANGENT CURVE TO THE RIGHT, SAID CURVE HAVING A DELTA OF 10°56'58", A RADIUS OF 650.00 FEET AND A LENGTH OF 124.22 FEET, THE CHORD OF SAID CURVE BEARING S09°49'15"E, A DISTANCE OF 124.03 FEET, TO A POINT OF CURVATURE; X\3940000.x11\3945001\Word\LegalsO945001 LX I.doc PAGE 1 OF I 1111111111111111111111111111IIII III C3359473 02/01/2006 01:22P Wt.—, ounty, CO 6 of 7 R 36.00 D 0.00 Steve Moreno Clerk & Recorder 6) THENCE ON THE ARC OF A CURVE TO THE LEFT, SAID CURVE HAVING A DELTA OF 1°18'37", A RADIUS OF 1390.00 FEET AND A LENGTH OF 31.79 FEET, THE CHORD OF SAID CURVE BEARING S05°00'03"E, A DISTANCE OF 31.78 FEET, TO THE POINT OF BEGINNING. CONTAINING A CALCULATED AREA OF 29,535 SQUARE FEET. I. CHAD R. WASHBURN. A LICENSED PROFESSIONAL LAND SURVEYOR IN THE STATE OF COLORADO, DO HEREBY STATE THAT THE ABOVE LEGAL DESCRIPTION AND ATTACHED EXHIBIT WERE PREPARED UNDER MY RESPONSIBLE CHARGE AND ON THE BASIS OF MY KNOWLEDGE, INFORMATION, AND BELIEF, ARE CORRECT. •• LIC ''•• •• • FYS t - _ CHAD R. WASHBURN, PROFESSIONAL LAND SURVEYO', p t: !' C COLORADO PLS NO. 37963 ° '• I3/ 16 �2CD s FOR AND ON THE BEHALF OF JR ENGINEERING LLC. ••'•ss/O '''' NAI L THIS LEGAL DESCRIPTION DOES NOT CONSTITUTE A TITLE SEARCH BY JR ENGINEERING TO DETERMINE OWNERSHIP OF THIS TRACT OR VERIFY EASEMENTS OF RECORD. JR ENGINEERING AND THE SURVEYOR OF RECORD ASSUMES NO RESPONSIBILITY FOR OWNERSHIP RIGHTS OR EXISTING EASEMENT RIGHTS AND RECOMMENDS CONSULTATION WITH AN ATTORNEY X\3940000.a11\394500 I\Word\Legals\3945001 LX I doc PAGE 2 OF I HBO 11111 11111 EDO 111111 Hall III 11111 (III liii 3359473 02/01/2006 01:22P Weld County, CO 7 of 7 R 36.00 D 0.00 Steve Moreno Clerk & Recorder ID S89'44'27"E 36.36' / 100 5O O 1OO C- r� SCALE: 1" = 1OO' \ \ 6=21'1O'15" \ R=900.00' \ L=332.55' \ / CH=330.66' \ / 526'2O'39"E A=21'47'O8" \ R=935.00' ' \ \ L=355.51' \ CH=353.38' \ \ 35' DITCH EASEMENT N26'O2'12"W \ 29,535 SQ. FT. \ S `jS. \yT B \s ,2ss RECORDED LEEXEMPTION NO. 'cat:,•-�sa' 6=21'38'1O" O7O5—O5-3 RE-3685 �j\o, F R=210.00' RECEPTION NO. 3154846 \\ \\ L=79.30' / CH=78.83' \ S26'O6'45"E 6=21'38'1O" \ R=175.00'\ L=66.08' CH=65.69' N26'O6'45"W \\� W\-' - S A=1O'56'58" c)-\P= cr\ R=615.00' \ A=1O'56'58" L=117.53' \ R=650.00' a CH=117.35' L=124.22' o NO9'49'15"W \ CH=124.03' a \ 5O9'49'15"E 0 A=1'O9'52" \ R=1424.99' 1 a L=28.96' ,, 1 6=1'18'37" CH=28.96' I O R=1390.00' 8 N04'55'41"W \ L=31.79' / CH=31.78' u, N89'44'07"W 3087.08' / \\\ SOUTH LINE OF LOT B \ 505'00'03"E BASIS OF BEARING N89'44'07"W 35.18" \ x POINT OF BEGINNING o SOUTHEAST CORNER OF LOT B r. is DITCH EASEMENT SORREL RIDGE 3 JOB NO. 39450.01 NOVEMBER 4, 2005 CJ SHEET 1 OF 1 N NO1E: - THIS DRAWING DOES NOT REPRESENT A J R ENGINEERING MONUMENTED SURVEY AND IS ONLY INTENDED TO DEPICT THE ATTACHED nwevda comps y • LEGAL DESCRIPTION. 2620 East Raegrt Rxd,Sde 50•Fat Corry CO 80525 X 970-491-9888•Fax 97U-491-99B4•wawjregir�i�].rom AFFIDAVIT OF INTEREST OWNERS SURFACE ESTATE Application No. �' — I Oj9E Subject Property So MOUE — THE UNDERSIGNED, being first duly sworn, states that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners' of property (the surface estate) within five hundred (500) feet of the property being considered. This list was compiled from the records of the Weld County Assessor, or a person qualified to do the task, and shall be current as of a date no more than thirty (30) days prior to the date the application is submitted to the Department of Planning Services. 7 /2 C7 (o Signature AFFIDAVIT OF INTERESTE•AND OWNERS S Page 1 of I AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE Subject Parcel: 070505300018 THE UNDERSIGNED. states that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site. http://www.co.weld.co.us. and has not been modified from the original. The list compiled from the records of the Weld County Assessor was assembled within thirty days of the application's submission date. .. gnatur /7 7- it— a(0 Date Property Owners Within 500 ft. of Parcel# 070505300018 NAME I MAILING ADDRESS I PARCEL IDENTIFICATION # 2932 E VINE DR BUDERUS ROBERT L 070505300016 FORT COLLINS.CO 80524 41228 COUNTY RD 15 FRANTZ JOAN H 070505300015 FT COLLINS.CO 80524 7001 COUNTY RD 84 FRANTZ STEPHANIE A 070505300014 FT COLLINS.CO 80524 2625 TERRY LAKE RD RAY DEBRA BRYANT 070505000009 FT COLLINS.CO 80524 41285 COUNTY RD 15 ROTH JERRY R & 070506400053 FORT COLLINS.CO 80524 41285 COUNTY RD 15 ROTH JERRY R & 070506400054 FORT COLLINS.CO 80524 3112 APPALOSA CT SMITH RICHARD REX & 070505300017 FT COLLINS.CO 80526 http://maps.merrick.com/website/weld/setSgl.asp?cmd=buffer&PIN=070505300018&Parl... 7/12/2006 • Weld County, Colorado Page 1 of 3 • Weld County, Colorado 71 85 14 r s_ 52 71 34 ifr ' i' : � e ; : • w StE yitiox[ C a� sail _ a ii k9!' .al .~ fk i YI4. "A gy„ vae•rt i 'rp @ It t` SEVE NCE „, t y ' tat y..18 a.- r17 i'h::i r t ifr Wek..Gou_tyG brad.�iE`u..l :..°:. 4tV..£: i '.lJ . '{;Qnn ('. „.: http://maps.merrick.com/servlet/com.esri.esrimap.Esrimap?Servi ceName=weldovr&Fonn... 7/12/2006 Weld County, Colorado • • Page 2 of 3 Legend S•:^s_lud FoalJres t'r!•B.tIli"?'J,ygo rm t'rt6.)Ile''i'ge1 S t!+:+•e t:Roa9 lea me CDurlty B:ri ^❑ n., I El ❑ Jrx+, I. I❑ .xY.• ❑ 4re(.):r•;• ❑ J r7 Jr•. Sr_.tri r 3r,9 n ,,:,-rsrc , Pnotoara:):iy:h:th Ras., http://maps.merri ck.cum,servleticom.esri.esrimap.Esrimap?ServiceName=weldovr&Fonn... 7/12/2006 Weld County, Colorado • • Page 3 of 3 070505300018 SOARING SKIES VENTURES LLC Total Taxes: $626.98 2819 SECCOMB ST Amount Due: $0.00 FORT COLLINS, CO 80526 http://maps.merrick.com/servlet/corn.esri.esrimap.Esrimap?ServiceName=weldovr&Form... 7/12/2006 AFFIDAVIT OF INTEREST OWNERS MINERALS AND/OR SUBSURFACE Property Legal Description: _$F✓4 A PA.er dF we S0Ln-4 p,J6.—{4 LE eF SFc_1Jr/3 -7o.-4Srshhpfl/A, £d-'G e 67••J OG (oM p.m, c.,..+-.dry uF ci LPG 5mv*-, - o, Property Legal Parcel Number: ''/I _s nki—RS _ccat2 _LA tnpUPa 1v2_ n_. O7 —O - _ _34t-E STATE OF COLORADO ) ss. COUNTY OF WELD ) THE UNDER SIGNED, being first duly sworn, states that to the best of his or her knowledge, the attached list is a true and accurate list of the names and addresses of all mineral owners and lessees of mineral owners on or under the parcel of land being considered. The list shall be prepared from the real property records by a person qualified to do the task, and shall be current as of a date m ore than thirty (30) days prior to the date the application is submitted to the Department of Planning Services. Note: Mineral Notification is in addition to that required by C.R.S. 24-65.5-102 through 104. By: -'1// _/ Etg.�Title:_ nG„✓. -ltt•26-4 5cA-tu..' SHE, v6ti Ntiet, LLC The foregoing instrument was subscribed and sworn to me this La__ day of 20O(-.2 . WITNESS my hand and official seal. My Commission Expires: _43l?=Z.\_bC, �- ; Notary Public S • • .o Jr cot. Hy Commission Expires 812212006 • I Hill 1111 11111 liIlI l 11111III • 257 3369257 03/09/2006 01:21P Weld County, CO 1 of 4 R 21.00 D 0.00 Steve Moreno Clerk & Recorder RELINQUISHMENT AND QUITCLAIM THIS RELINQUISHMENT AND QUITCLAIM, effective this • day of ;; ,; 200 , by and between ANADARKO LAND CORP., formerly known as Union Pacific Land Resources Corporation, with an address of Post Office Box 1330, Houston, Texas 77251-1330 (hereinafter "Anadarko Land") and SOARING SKIES VENTURES, LLC with an address of 2819 Seccomb Street, Fort Collins, Colorado 80526 (hereinafter "GRANTEE"). WITNESSETH: RECITALS 1. The lands which are the subject of this Relinquishment and Quitclaim are the lands that are described on attached Exhibit A and are hereinafter referred to as the "Subject Lands." 2. By deed dated October 25, 1906 recorded on November 3, 1906 in the Office of the Clerk and Recorder of Weld County in Book 233, Page 58, Union Pacific Railroad Company conveyed to Burton D. Sanborn certain real estate in Weld County, Colorado, a portion of which are the Subject Lands. Said deed was made subject to the reservation by the grantor of; among other things, "(a)11 coal and other minerals within or underlying said lands." 3. By quitclaim deed dated April 1, 1971 recorded on April 14, 1971 in the Office of the Clerk and Recorder of Weld County in Book 644, Reception Number 1565712, Union Pacific Railroad Company quitclaimed to Union Pacific Land Resources Corporation, all of its right, title, and interest in and to certain real estate in Weld County, Colorado, a portion of which was the Subject Lands. 4. This Relinquishment and Quitclaim relates to surface entry only for the minerals excusive of oil, gas and associated liquid hydrocarbons that Anadarko Land owns in the Subject Lands. The minerals exclusive of oil, gas and associated liquid hydrocarbons are hereinafter referred to as the "Minerals." 4olfe, Van.=- ern&Qtypen ULF 1008 Cent; nue ?nrt CO.' ,fi 1.11111111111111111111111 Mill 1111111 01 11 "Ill • 3369257 03/09/2006 01:21P Weld County, CO 2 of 4 R 21.00 D 0.00 Steve Moreno Clerk & Recorder RELINQUISHMENT AND QUITCLAIM NOW THEREFORE, Anadarko Land, for and in consideration of the sum of TEN DOLLARS ($10.00) and other good and valuable consideration to it paid, the receipt of which is hereby acknowledged, has RELINQUISHED and forever QUITCLAIMED, and by these presents does RELINQUISH and forever QUITCLAIM unto GRANTEE, its grantees, successors and assigns, with respect to the Subject Lands only, the right to enter upon the surface of the Subject Lands to explore for and remove the Minerals by virtue of the reservation contained in the deed described in Recital 2, it being the intent hereof to relinquish only the right to enter upon the surface of the Subject Lands to explore for and remove the Minerals, and to leave in full force and effect all other rights reserved to Union Pacific Railroad Company in that deed, it being expressly understood that Anadarko Land's title to the Minerals shall be in no way affected and that Anadarko Land and any lessee, licensee, successor or assign of Anadarko Land shall have the right to remove the Minerals from the Subject Lands by subterranean entries, by means of operations conducted on the surface of other lands or otherwise by any means or methods suitable to Anadarko Land, its lessees, licensees, successors and assigns, but without entering upon or using the surface of the Subject Lands, and in such manner as not to damage the surface of the Subject Lands or to interfere with the use thereof by GRANTEE, its grantees, successors and assigns. This Relinquishment and Quitclaim is made subject to the specific understanding that all of the terms, conditions, provisions and reservations contained in the deed dated October 25, 1906 referenced in Recital 2 and not heretofore relinquished shall continue in full force and effect with respect to all lands conveyed thereby and not covered by this Relinquishment and Quitclaim, and it is further specifically understood that all the terms, conditions, provisions and reservations contained in that deed and not relinquished hereunder shall continue in full force and effect with respect to the Subject Lands. IN WITNESS WHEREOF, Anadarko Land has executed this Relinquishment and Quitclaim on the date set forth in the acknowledgment, to be effective on the date first written above. ANADARKO LAND CORP. By: #/ia- Name: Gt ,rpm Its: L/r_ ear �- 2 I NIIIII IIIII 11111 1111111 III IIIII.III III 11111 'MI MI • '3369257 03/09/2006 01:21P Weld County, CO 3 of 4 R 21.00 D 0.00 Steve Moreno Clerk & Recorder STATE OF TEXAS ) ) ss. COUNTY OF MONTGOMERY ) The foregoing instrument was acknowledged before me this day of _, 200 by C IA`A 4fr -c;, -, , as t,/,‘,.- /? �,-�,v.- for ANADARKO LAND CO P. /J . My Commission expires: 11 i r f (, I Witness my hand and official seal. • i I i 1\lotary Public / 3 111111111111IIIIIIIIIIIISIIIII1111111IIIHIMIIIIIIII • 3369257 03/09/2006 0 i:21P Weld County, CO 4 of 4 R 21.00 D 0.00 Steve Moreno Clerk& Recorder Exhibit A to Relinquishment and Quitclaim effective i'_ , , 2005 between Anadarko Land Corp. and Soaring Skies Ventures, LLC Legal Description Lot B of Recorded Exemption No. 0705-05-3-RE3685 recorded February 18, 2004 at Reception No. 3154846, being a part of the S 1/2 of Section 5, Township 7 North, Range 67 West of the 6th P.M., County of Weld, State of Colorado. 4 • 258 111111111111 3369258 03/09/2006 01:21P Weld County, CO 1 of 6 R 31.00 D 0.00 Steve Moreno Clerk & Recorder MEMORANDUM OF AGREEMENT THIS MEMORANDUM OF AGREEMENT is effective this 5th day of December, 2005, by and between ANADARKO LAND CORP., formerly known as Union Pacific Land Resources Corporation ("Anadarko Land"), with an address for business of Post Office Box 1330, Houston, Texas 77251-1330 and SOARING SKIES VENTURES, LLC ("Surface Owner") with an address of 2819 Seccomb Street, Fort Collins, Colorado 80526. A. Surface Owner owns the surface estate for property located in Weld County, Colorado, described as a 55 acre parcel in the SW/4 of Section 5, Township 7 North, Range 67 West, which Surface Owner proposes to develop as a residential subdivision and which is more specifically described in the attached Exhibit A and referred to hereinafter as the "Property." B. Anadarko Land owns all of the minerals exclusive of oil, gas and associated liquid hydrocarbons that underlie the Property, as well as a reversionary interest in the oil, gas and associated liquid hydrocarbons for the Property. C. The minerals exclusive of oil, gas and associated liquid hydrocarbons are hereinafter referred to as the "Minerals." D. Anadarko Land and Surface Owner have entered into an agreement that provides for the sale by Anadarko Land to Surface Owner of certain surface rights associated with the Minerals that is entitled "Agreement Concerning Certain Mineral Rights" ("Agreement"). E. The oil, gas and associated liquid hydrocarbons that underlie the Property are not the subject of the Agreement; however, they are the subject of a surface use agreement among Anadarko Land, Anadarko E&P Company LP (an affiliate of Anadarko Land) and Surface Owner. F. The parties desire, through the execution and recording of this Memorandum., to reaffirm and give notice of the Agreement and the rights and imerests created in the A greernent. NOW, THEREFORE, in consideration of the covenants and mutual promises set forth in the Agreement and this Memorandum of Agreement, including in the recitals, the parties agree as follows: I. Anadarko Land has granted to Surface Owner the right to purchase a relinquishment document for the surface rights for the Minerals under the terms, provisions and conditions set forth in the Agreement. 2. This Memorandum is not a complete summary of the Agreement and shall not be used in interpreting the provisions of the Agreement, nor in any way or manner does it amend, 1 vollc. Vu:: =it 8c Calypso ILI 1008 Centts® .ort Col'._ ,�9� ► 111111 11111 11111 1111111 III III 111111 III 11111 IIII Jill 3369258 03/09/2006 01:21r- JVeld County, CO • 2 of 6 R 31.00 D 0.00 Steve Moreno Clerk & Recorder modify or affect the terms, provisions, conditions and exceptions of the Agreement, and the Agreement shall govern and control in all respects, the duties, obligations, covenants, warranties and agreements of the parties. 3. Exhibit A is incorporated into this Memorandum by this reference. 4. This Memorandum shall be recorded in the Office of the Clerk and Recorder of Weld County. 5. This Memorandum may be executed in counterparts, each of which shall be deemed an original. IN WITNESS WHEREOF, the parties hereto have executed this instrument on the dates set forth in the acknowledgments, to be effective as of the date first above written. SOARING SKIES VENTURES, LLC ANADARKO LAND CORP. // By: By: Name: i+-.. Name: Its: �l � r t Its: 2 Milan �Mu IlilMi ME 11111 IIII III • 3369258 03/09/2006 01:4IP Weld County, CO 3 of 6 R 31.00 D 0.00 Steve Moreno Clerk & Recorder modify or affect the terms, provisions, conditions and exceptions of the Agreement, and the Agreement shall govern and control in all respects, the duties, obligations, covenants, warranties and agreements of the parties. 3. Exhibit A is incorporated into this Memorandum by this reference. 4. This Memorandum shall be recorded in the Office of the Clerk and Recorder of Weld County. 5. This Memorandum may be executed in counterparts, each of which shall be deemed an original. IN WITNESS WHEREOF, the parties hereto have executed this instrument on the dates set forth in the acknowledgments, to be effective as of the date first above written. SOARING SKIES VENTURES, LLC ANADARKO LAND CORP. By: By: tea Name: Name: vvv L C(4,1 alatT� ItS: ITS: Vo 1tb't. 2 111111111111 IM11111111 iu 'iI 111111 III HIM IIII IIII , 3369258 03/09/2006 01:2 I neld County, CO 4 of 6 R 31.00 D 0.00 Steve Moreno Clerk & Recorder ACKNOWLEDGMENTS STATE OF TEXAS ) ) ss. COUNTY OF MONTGOMERY ) The foregoing instrument was acknowledged before me this �`` day of ; ; 200 by C A ��/tc kc r as V.is t.-s.,>e-at for ANADARKO LAND CORP. Witness my hand and official seal. My Commission expires: Notary Public ,%\- STATE OF COLORADO ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of 2005 by as for SOARING SKIES VENTURES, LLC. Witness my hand and official seal. My Commission expires: Notary Public 3 iiIF! 11111111111111111iiii 111111iiiimiFMiII! • 3369258 03/09/2006 01:21P weld County, CO 5 of 6 R 31.00 D 0.00 Steve Moreno Clerk & Recorder ACKNOWLEDGMENTS STATE OF TEXAS ss. COUNTY OF MONTGOMERY ) The foregoing instrument was acknowledged before me this day of 2005 by as for ANADARKO LAND CORP. Witness my hand and official seal. My Commission expires: Notary Public STATE OF COLORADO ) ) ss. COUNTY OF 1/41/7)8c ) The foregoing instrument was acknowledged before me this 541- day of b CC.Pwho' , 2005 by%rrnci y • ¢dedepoH as /ktrrxis nsyv 1ik4amhf! for SOARING SKIES VENTURES, LLC. Witness my hand and official seal. My Commission expires: IU - C(00/1LA fq 1419,f Notary Public 3 1111111 1111111111 1111111 11 'i 111111 III 11111 Ell IIII • 3369258 03/0912006 1P Weld County, CO 6 of 6 R 31.00 0 0.00 Steve Moreno Clerk & Recorder Exhibit A to Memorandum of Agreement effective December 5, 2005 between Anadarko Land Corp. and Soaring Skies Ventures, LLC Legal Description Lot B of Recorded Exemption No. 0705-05-3-RE3685 recorded February 18, 2004 at Reception No. 3154846, being a part of the S 1/2 of Section 5, Township 7 North, Range 67 West of the 6th P.M., County of Weld, State of Colorado. 4 1i 111111 IIIII IIIII 1111111 fill 11 1111111110 11111 IIII IIII 3364702 02/22/2006 01:28P Weld County, CO 1 of 15 R 76.00 D 0.00 Steve Moreno Clerk & Recorder SURFACE USE AGREEMENT THIS SURFACE USE AGREEMENT ("Agreement") is effective this 5th day of December, 2005, by and among ANADARKO E&P COMPANY LP ("Anadarko E&P"), formerly known as Union Pacific Resources Company, ANADARKO LAND CORP. ("Anadarko Land"), formerly known as Union Pacific Land Resources Corporation (together the "Anadarko Entities"), both with an address of Post Office Box 1330, Houston, Texas 77251-1330 and SOARING SKIES VENTURES, LLC ("Surface Owner") with an address of 2819 Seccomb Street, Fort Collins, Colorado 80526. A. Surface Owner owns the surface estate for approximately 55 acres of property located in Weld County, Colorado, in the SW/4 of Section 5, Township 7 North, Range 67 West, which is more specifically described in the attached Exhibit 1 and referred to hereinafter as the "Property." B. The Anadarko Entities together own all of the oil, gas and associated liquid hydrocarbons that underlie the Property, and Anadarko Land owns the minerals exclusive of oil, gas and associated liquid hydrocarbons. C. Current Colorado Oil and Gas Conservation Commission rules and regulations allow the owners and/or lessees of the oil and gas for the Property to locate oil and/or gas wells in five drilling windows in a quarter section, one in approximately the center of each quarter quarter section and one in the center of the quarter section. D. The parties enter into this Agreement to provide for the coexistence and joint development of the surface estate and the oil and gas estate for the Property and to delineate the process with which they shall comply with respect to the development of the two estates. E. This Agreement is limited to the compatible development of the surface estate and the oil and gas estate for the Property; it does not in any respect apply to the minerals other than the oil, gas and associated liquid hydrocarbons owned by Anadarko Land in the Property which is the subject of a separate agreement between Anadarko Land and Surface Owner. NOWTHEREFORE,m consideration_of"the covenants"and mlual promises Set-forth in this Agreement, including in the recitals, the parties agree as follows: 1. Oil and Gas Operations Area. a. The Anadarko Entities agree that they shall drill and/or operate oil and/or gas wells only within the location identified on Exhibit 2 and which is hereinafter referred to as 1111111 11111 ►►►►11►►111! 11111II VIII III IEEE III► • 3364702 02/22/2006 01:28P Mao County, CO 2 of 15 R 76.00 D 0.00 Steve Moreno Clerk & Recorder the "Oil and Gas Operations Area." Operations and uses within the Oil and Gas Operations Area include, but are not limited to, drilling, completion, and maintenance of wells and equipment, production operations, workovers, well recompletions and deepenings, fracturing. twinning, and drilling of replacement wells and the location of associated oil and gas production and drilling equipment and facilities. b. The Oil and Gas Operations Area shall include the area which is generally in the shape of a circle with the wellhead or future wellheads in the center and a radius of 250 feet as reflected on Exhibit 2. c. The Anadarko Entities shall continue to have the right to drill more than one well with attendant facilities within the Oil and Gas Operations Area and to deepen, recomplete or twin any well that is drilled or has been drilled, as well as to drill directional and horizontal wells that produce from and drain the Property or lands other than the Property. d. Surface Owner shall not plat any surface property line within the Oil and Gas Operations Area, and no temporary or permanent building or other structure or improvement shall be located by Surface Owner within the Oil and Gas Operations Area. The Oil and Gas Operations Area shall be for the exclusive use of oil and gas operations and production and for the location of oil and gas wells and associated oil field drilling and production equipment. e. The Anadarko Entities shall also have the right to locate, build, repair and maintain tanks, separators, dehydrators, compressors and all other associated oil and gas drilling and production equipment and facilities within the Oil and Gas Operations Area. 2. Access to Oil and Gas Operations Areas. a. Access to the Oil and Gas Operations Area shall be at the location identified on Exhibit 2. b. Access may be changed by mutual agreement of Surface Owner and the appropriate oil and gas interest owners; provided however, all costs and expenses of such relocations shall be borne by the party which requests them. c. No party shall unreasonably interfere with the use by the other of an access road. -Suiface_Owner Shall"keep the porTions of access roads jomfly used-by both Surface Owner and the Anadarko Entities in good condition and repair until such roads are dedicated to a local jurisdiction; provided, however, if the Anadarko Entities cause damage to a portion of a road that is jointly used by both the Anadarko Entities and Surface Owner and which is constructed to the specifications in section 2.e.(1), the Anadarko Entities agree to promptly repair any damage which they cause which is a direct result of their use of the road. 2 a aio2o112zizoocllll01:28P 28 40IIIII 11111111 1111 1111 3 of 15 R 76.00 D 0.00 Steve Moreno Clerk & Recorder e. Construction and Width of Access Roads. (1) Access roads or portions of access roads that are jointly used by the Anadarko Entities and Surface Owner shall be thirty (30) feet or more in width, and Surface Owner shall construct or improve all paved or improved joint access roads so as to withstand the weight of oilfield equipment. Specifically, Surface Owner shall construct the roads so that they can be used to withstand the weight of 104,000 pounds and 26,000 pounds per axle. (2) Access roads or portions of access roads that are used exclusively by the Anadarko Entities shall be generally thirty (30) feet or more in width, and the Anadarko Entities shall install and maintain such roads or portions of roads to those state and local standards that apply to oil and gas operations. 3. Pipelines, Flowlines and Pipeline Easements. a. Flowlines and pipeline easements shall be at the locations identified on Exhibit 2. b. Locations of pipelines, flowlines and such easements may be changed by mutual agreement of Surface Owner and the appropriate oil and gas interest owners; provided, . however, all costs and expenses of such relocations shall be borne by the party which requests the, relocation. In the event that Surface Owner requests the relocation of a pipeline or flowline, the applicable oil company shall provide Surface Owner with a written estimate of the relocation costs which Surface Owner shall thereafter promptly remit to the oil company. The payment shall be adjusted up or down upon completion of the work and after an itemized statement is provided to Surface Owner. c. Pipeline easements shall be fifty (50) feet in width during construction activities and thirty (30) feet in width for all operations, maintenance and transportation activities. Flowline easements shall be thirty(30) feet in width for all operations. d. Pipeline and flowline easements shall be for the exclusive use of oil and gas production operations; provided, however, the easements may be shared by the Anadarko Entities and their lessees, assignees of lessees and successors and assigns. e. Surface Owner shall be entitled to reserve the right to cross the pipeline easements at approximately right angles, and Surface Owner shall also have the right to install and maintain easements that are adjacent to, but not within, the easements identified herein, for Utility-lines,_inel idir g those Tor Water, gas, sewer, ledfic,Tlep-}lone,_cable:Television, - - --- "and fiber optic and other pipelines; provided, however; i) any new underground facilities which travel along a pipeline easement identified herein shall be located a distance horizontally of at least ten (10) feet from parallel existing pipelines; ii) any new underground facilities shall have at least twenty-four (24) inches of vertical clearance between such new facility and a pipeline provided for herein; and iii) any overhead power lines shall be at least twenty(20) feet above the ground. 3 11101 �� 11111111111111111 I!IIII III 111111111 VIII • 3364702 02/22/2006 01:28P Weld County, CO 4 of 15 R 76.00 D 0.00 Steve Moreno Clerk & Recorder f. Surface Owner shall grant the pipeline easements (for production from the Property and/or other lands) to the Anadarko Entities at the time the Anadarko Entities request them and at no cost to them. 4. Plats and Local Applications. Surface Owner shall identify the Oil and Gas Operations Area and access route and pipeline easements on its plats and in all applications for development it files with a local jurisdiction, and the plats shall include restrictions that no property line or temporary or permanent building, structure or other improvement related to the surface development shall be located, constructed or installed within the Oil and Gas Operations Area. Surface Owner shall record the plats in the Office of the Clerk and Recorder of Weld County and provide written evidence to the Anadarko Entities of the recording. 5. Waiver of Surface Damage Payments. Surface Owner hereby waives all surface damage payments or other such payments for the use of the Property or portions thereof pursuant to any current or future COGCC or local regulation, state statute, common law or prior agreement for each and every well and related wellsite that is or will be drilled and located within the Oil and Gas Operations Area and for associated oil and gas equipment and facilities, flowlines, access and pipeline easements. The Anadarko Entities or their lessees or their assignees may provide a copy of this Agreement to the COGCC or any local jurisdiction,person or entity or court of law as evidence of this waiver. 6. Waiver of Setback Requirements. Surface Owner understands and acknowledges that the COGCC has rules and regulations that apply to the distance between a wellhead and public roads, production facilities, building units and surface property lines, among other things. Surface Owner hereby waives all setback requirements in COGCC Rule 6O3, or any successor rule or amendment to the COGCC setback rules, and to any other state or local setback requirements that are or become inconsistent with this Agreement or that would prohibit or interfere with the rights of the Anadarko Entities to explore for and produce the oil and gas in accordance with this Agreement. Surface Owner understands that the Anadarko Entities may cite the waiver in this section 6 in order to obtain a location exception or variance under COGCC rules or from a local jurisdiction. 7. Governmental Proceedings. a. Surface Owner Will Not Object. Surface Owner agrees that it will not object in any forum to the use by the Anadarko Entities of the surface of the Property consistent with this Agreement and hereby waives any such right to object. Surface Owner lu her agrees that iZ waives_arty rights/tuns to request aninspection pursuant-to COGCC rules and policies for the purpose of attaching conditions to a well permit or permits. Surface Owner agrees, in addition, that it will provide such other written approvals and waivers which are requested by the Anadarko Entities and consistent with this Agreement, including, but not limited to, all approvals and waivers to drill a well or to conduct oil and gas operations on the Property because of any law or regulation, including any local ordinance and regulations of 4 1111111 III 11111111111111111 IIwII I► Il 11111 tut lilt • /22/2006 01:213P . ounty, CO 5 of 15 R 76.00 D 0.00 Steve Moreno Clerk& Recorder the COGCC, and including, for example, waivers to state and local setback requirements and to any setback requirements from a surface property line or for an exception location. b. Oil Companies Will Not Object. The Anadarko Entities agree that they will not object in any forum to a request by Surface Owner to annex, zone, rezone, plat or replat all or any portion of the Property to extent such request is consistent with this Agreement. 8. Notices of Hearings. Surface Owner shall provide the Anadarko Entities with written notice not less than thirty (30) days before each hearing for consideration of a plat application or other land use application for the Property or portions of the Property to be held before a local jurisdiction and also with ten (10) days written notice from the date it obtains approval from Weld County or other local jurisdiction of approval for final application for development that applies to all or any portion of the Property. 9. Notice to Homeowners and Builders. Surface Owner shall furnish all builders and developers which purchase all or any portion of the Property and each person or entity who proposes to enter into a contract to purchase a lot which is adjacent to, or any part of which is within, 350 feet from the Oil and Gas Operations Area or a flowline or pipeline easement, with a plat that shows the locations of the Oil and Gas Operations Area and the flowlines and pipeline easements. In addition, Surface Owner shall provide written notice to all such purchasers that includes the following: i. they are not purchasing and will not own any rights in the oil, gas and mineral estate in and to the Property; ii. there may be ongoing oil and gas operations and production on the surface of the Property within the Oil and Gas Operations Area, pipelines and flowline easements and access routes; iii. there are likely to be wells drilled and additional oil and gas production facilities constructed and installed within the Oil and Gas Operations Area and additional flowlines and pipelines constructed and maintained on the Property; iv. heavy equipment will be used by the Anadarko Entities from time to time for oil and gas drilling and production operations and such operations may be conducted on a 24-hour basis; and v. homeowner associations and buyers of individual lots or homes will be su j& to acid-blif erred-by all of the covenants and waivers madevySurfaceDwnei in this Agreement, including, but not limited to those covenants and waivers; a) prohibiting the location of any temporary or permanent building, structure, or other improvement within the Oil and Gas Operations Area; b) waiving objections to the drilling of wells, the construction of facilities, and the conduct of oil and gas operations on the Property consistent with this Agreement; c) waiving surface damage 5 1111111 11111 11111 1►►►1►► 11111 I10IIIII III 11111 III! Ill! • 3364702 02/22/2006 01:28P d County, CO 6 of 15 R 76.00 D 0.00 Steve Moreno Clerk & Recorder payments; and d) waiving objections to the setback requirements under the rules of the COGCC or any local jurisdiction. 10. Notice of Oil and Gas Operations. The Anadarko Entities shall provide Surface Owner with notice of drilling operations and subsequent well operations in accordance with COGCC rules and regulations. 11. Impact Mitigation. Surface Owner shall bear all costs to install such noise and visual impact mitigation measures it desires or the local jurisdiction requires at or around the Oil and Gas Operations Area which are in excess of or in addition to those measures which are required by COGCC regulations for areas which are not high density; provided, however, the operator of the well within the Oil and Gas Operations Area shall have reasonable discretion to veto or protest the types and locations of impact mitigation measures in order to allow for safe oil and gas operations. 12. Individual Liability of Oil Companies. Nothing in this Agreement is intended to create a cause of action by any oil company against any other oil company or to enlarge or diminish any right or interest created by any agreement or lease or assignment of lease between or among the oil companies. Nothing in this Agreement creates any leasehold rights or gives any mineral rights to an oil company where none exists. The liability of the oil • companies to perform any obligation hereunder or to comply with any agreement included herein or with any state or local rule or regulation is individual and several and not joint or collective. This Agreement does not create a joint venture or partnership between or among the oil companies. The Anadarko entities shall in no event be liable for the acts or omissions of their lessees or farmoutees or the assignees or contractors and subcontractors of any of them. 13. Authority to Execute Agreement. Each party represents that he/she/it has the full right and authority to enter into this Agreement with respect to the surface rights, oil and gas interests, or oil and gas leasehold interests he/she/it owns in the Property, as applicable. 14. No Waiver of Rights. The Anadarko Entities do not waive the rights they have pursuant to each of their respective oil and gas interests to explore for, drill and produce the oil and gas for the Property or for ingress and egress to the Oil and Gas Operations Area, except as specifically provided in this Agreement. 15. Successors and Assigns. This Agreement and all of the covenants in it shall be binding upon the subsequent lessees and assignees of lessees and also the personal representative heirs,successors and assigns of all of The parties and the benefits OT this Agreement shall inure to all of them. This Agreement and all of the covenants in it shall be covenants running with the land. 16. Recording. Surface Owner shall record this Agreement with the Clerk and Recorder of Weld County and provide evidence to the Anadarko Entities of the recording. 6 1 111111 11111 11111 1111111 11111 II0NCII II► nl►1 Ili ►II► • 7 of 15 R 76.00 D 0.00 Steve Moreno Clerk & Recorder 17. Governing Law. The validity, interpretation and performance of this Agreement shall be governed and construed in accordance with the laws of the State of Colorado. 18. Severability. If any part of this Agreement is found to be in conflict with applicable laws, such part shall be inoperative, null and void insofar as it conflicts with such laws: however, the remainder of this Agreement shall be in full force and effect. In the event that any part of this Agreement would otherwise be unenforceable or in conflict with applicable laws due to the term or period for which such part is in effect, the term or period for which such part of this Agreement shall be in effect shall be limited to the longest period allowable which does not cause such part to be unenforceable or in conflict with applicable laws. 19. Notices. Any notice or communication required or permitted by this Agreement shall be given in writing either by; i) personal delivery; ii) expedited delivery service with proof of delivery; iii) United States mail, postage prepaid, and registered or certified mail with return receipt requested; or iv) prepaid telecopy or fax, the receipt of which shall be acknowledged, addressed as follows: Anadarko E&P Anadarko E&P Company LP and Anadarko Land: c/o Anadarko Petroleum Corporation Attention: Land Manager—Western Division/CBM Post Office Box 9149 Houston, Texas 77380-9149 Surface Owner: Soaring Skies Ventures, LLC 2819 Seccomb Street Fort Collins, Colorado 80526 Any party may, by written notice as provided in this section, change the address of the individual to which delivery of notices shall be made thereafter. 20. Incorporation by Reference. Exhibits 1 and 2 are incorporated into this Agreement by this reference. 21. Entire Agreement. This Agreement sets forth the entire understanding among the parties and supersedes any previous communications, representations or agreements, whether oral or written. No change of any of the terms or conditions herein shall be valid or binding on_any_party_unless in_writing-and-signed-by--an-authorized-representative of--each party. 22. Counterpart Executions. This Agreement may be executed in counterparts, each of which shall be deemed an original. 7 i 1111111111111111111111111111 i ii iii iiii IF iIF • 3364702 02/22/2006 01:28P Ih... County, CO 8 of 15 R 76.00 D 0.00 Steve Moreno Clerk 8 Recorder IN WITNESS WHEREOF, the undersigned parties have caused this Agreement to be executed by a duly authorized representative on the dates set forth in the acknowledgements, to be effective on the date first above written, ANADARKO LAND CORP. ANADARKO E&P COMPANY LP By: — ,s By: Name: James . Newcomb Name: J s L. ewcornb Its: A ent & Attorney in Fac Its: Ag t &Attorney in Fact rr+ 0 cc (f SOARING SKIES VENTURES, LLC By: Name: Its: 8 I 1111 11111 NU III 02/22/2006 , 11111111 III 11111 IIII IIII • 336470Weld County, CO 9 of 15 R 76.00 D 0.00 Steve Moreno Clerk & Recorder IN WITNESS WHEREOF, the undersigned parties have caused this Agreement to be executed by a duly authorized representative on the dates set forth in the acknowledgements, to be effective on the date first above written. ANADARKO LAND CORP. ANADARKO E&P COMPANY LP CORPORATION By: By: Name: Name: Its: Its: SOARING SKIES VENTURES, LLC By: r1_= 4/ � i Name: -t iMo n 5 eon= Its:Its: /,tA.„'Drt, — f4.4E vUiCL 8 I REND D 11111 EMI iii; 111111111 III I TI III III • 3364702 02/22/2006 01:26P Weld County, CD 10 of 15 R 76.00 D 0.00 Steve Moreno Clerk& Recorder ACKNOWLEDGMENTS STATE OF TEXAS ) ) ss. COUNTY OF MONTGOMERY ) 6 The foregoing instrument was acknowledged before me this 1 day of "y\,/ 200k by James L. Newcomb , as Agent & Attorney in Fact for ANADARKO E&P COMPANY LP. Witness my hand and official seal.My Commission expires: pp l DI De ...."i" ` ' SUZANN TURNER t MY COMMISSION EXPIRES �f66 n Notartyubhc STATE OF TEXAS ) ss. COUNTY OF MONTGOMERY ) 6 The foregoing instrument was acknowledged before me this day of rI 2005by James L. Newcanb as Agent & Attorney in Fact for ANADARKO LAND CORP. Witness my hand and official seal. My Commission expires: 4/c1 DC, /H\ SUZANN TURNER dr.71(A))4(t9 , �. Ivi'COATAISS0 2 EXPIRES�rf' 0.upcg 10,2008.. Notar 9 1 1111 11111 VIII 1111111 11111 II111111II111111iiiiui 3364702 02/22/2006 01:28P Welr. nty, CO • 11 of 15 R 76.00 D 0.00 Steve Moreno Clerk & Recorder STATE OF COLORADO ) ss. COUNTY OF /, ,in2!' _ ) The foregoing instrument was acknowledged n before me this day oft)ez en bet 2005 bylfn(0 S. 42 Ir )₹/'T, > as M i<U 1 4 l l er,�n��ir for SOARING SKIES VENTURES, JJ Witness my hand and official seal. My Commission expires: /0-R & &Ilk a a DANE kA, Notary Public Stole .. 10 i 111111 IINI 11111 iiiiiii 11111 !�iiiii iii 111111 iii ill! • 3364702 02/22/2006 01:20P Weld County, CO 12 of 15 R 76.00 D 0.00 Steve Moreno Clerk & Recorder Exhibit 1 to Surface Use Agreement effective December 5, 2005 between and among Anadarko E&P Company LP, Anadarko Land Corp. and Soaring Skies Ventures, LLC Legal Description Lot B of Recorded Exemption No. 0705-05-3-RE3685 recorded February 18, 2004 at Reception No. 3154846, being a part of the S 1/2 of Section 5, Township 7 North, Range 67 West of the 6th P.M., County of Weld, State of Colorado. 11 1111111 11111 11111 1111111 11111 c1IIIII III 111111 III IIII • 3364702 02/22/2006 01:28P Weld County, CO 13 of 15 R 76.00 D 0.00 Steve Moreno Clerk & Recorder Exhibit 2 to Surface Use Agreement effective December 5, 2005 between and among Anadarko E&P Company LP, Anadarko Land Corp. and Soaring Skies Ventures, LLC Oil and Gas Operations Area See attached drawing. 12 w.ri.w•• .&-e-I .J.ne.Wt n L •••••••••o°nxr. 662:tIi Gt6 ,� wa..w r,..aes' 'f� I ": I•'�"°" 00YMO f0D •A1Nnx, 0i3WI£ .iww..,..,c:.w. 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( >,/^/ \ \%\ s . \ \ ) k .k : . ; I ( .iglj \ \\ ; § [ um— ; ii Ba ` .. 0 } so ' al eon�Zk «0»■- §�|� w ec.i'2 • ;.S^ § IL la Orr2)( 2ii • or CO§00 ci ;ill �\ tr ®N.` 2§ .|| Imo mac| iiie bit bi / Zty irt 04 rati < thy - - - - . & : y . . . A . . . � `l �" % figF . . |+ pal Q ' # � »y R \ . % E Q___ 2 --w-- - - ' ) • - --- --- ______- ____ ----�� [ ----— / - --------- ! WATER SERVICE AGREEMENT (SORREL RIDGE PUD - SINGLE SYSTEM) THIS AGREEMENT is made and entered into as of the "s` day of • , 20 r , by and between the North Weld County Water District, acting by and through the North Weld County Water District Enterprise (hereinafter"District") and Soaring Skies Ventures LLC, (hereinafter "Developer'), of Sorrel Ridge PUD, (hereinafter"Development"). RECITALS WHEREAS, District is a statutory special district formed under the laws of the State of Colorado and is a quasi municipal corporation; and WHEREAS, the District Enterprise was created by the District, in order to comply with the provisions of Section 20, Article X of the Colorado Constitution and Article 45.1 of Title 37 of the Colorado Revised Statutes, as applicable; and WHEREAS, the District owns, maintains and operates a system for the storage of and distribution of potable water within Weld County and Larimer County, Colorado; and WHEREAS, the Developer desires to contract with the District for certain potable water supplies and services for the Development known as Sorrel Ridge PUD, located in the South A of Section 5, Township 7 North, Range 67 West of the 6`h Principal Meridian, State of Colorado, County of Weld, further described as Lot B of Recorded Exemption 3685, Parcel#070505300018; and WHEREAS, Developer intends to plat and/or develop more than three residential lots which will require dedication of raw water and/or payment of cash in lieu of raw water dedication in accordance with the terms of this Agreement; NOW, THEREFORE, in consideration of the premises and the covenants and agreements hereinafter set forth, it is agreed by and between the District and Town as follows: ARTICLE 1 WATER SUPPLY/FACILITIES 1.1 The District shall furnish Development a customary supply of water for a total of nine (9) individual Single-Family residential taps ("Residential Tap"), and one (1) Irrigation/Open-Space water taps ("Irrigation Tap"), and collectively identified as ("Tap or Taps"). The District shall furnish 70% of an acre foot(228,000 gallons) of water per equivalent Tap per annual water year, if the allotment for Colorado-Big Thompson (CBT) project water, which is determined by the Northern Colorado Water Conservancy District is 50% or greater. Whenever the CBT allotment is less than 50%for any annual water year, District will reduce or restrict the delivery of the amount of water per equivalent Tap as deemed proper and necessary by District to assure water supplies. 1.2 The water to be furnished by the District shall be potable water, which complies with the Federal Safe Drinking Water Act and any other applicable drinking water regulations. No promise or guarantee of pressure is made by the District or is to be implied from anything contained herein. 1.3 The District shall use reasonable diligence to provide a constant and uninterrupted supply of water, except for interruptions due to: (1) Uncontrollable forces; (2) Operations or devices installed for water system protection; (3) Maintenance, repair, replacement, installation of equipment, or investigation and inspection of the water Initials: ryu S P ASubdivislonsssoaring Skies Ventures,LLCAWSA(O5-I0-O6).doe I of 7 system, which interruption or reductions are temporary, and in the sole opinion of the District, if necessary. 1.4 The District shall install, own, repair and maintain a meter vault at each individual lot within the Development in which the District shall install equipment as deemed necessary, including but not limited to meters, reading devices, flow restricters, etc. 1.5 The District estimates the water supply to have a normal pressure range of seventy(70)to one hundred fifty (150) pounds per square inch (psi). The District will maintain an average minimum pressure of thirty five (35) psi to any tap. The maximum pressure that will be supplied to any Tap may be as great as one hundred fifty(150) psi. Therefore, the Developer(or Lot Owner) agrees to install preventative plumbing devices to restrict and/or release the pressure. Developer and/or Lot Owner releases District from any and all liability or claims that may be made against the District concerning damage from excessive water pressure supplied to the Development, Tap or lot. ARTICLE 2 TAPS, LINES AND FEES 2.1 The District must approve, in writing, all engineering and construction plans and materials of all Water Lines within any Development or Water Lines leading to the Development. The Developer shall be responsible for payment of the total cost of the construction for Water Lines within the Development(or Water Lines that are necessary to serve the Development)that will serve the Taps. "Water Lines", means all lines which carry water to the meter vault(s)within the Development. 2.2 From the meter to the structure or lot being served with water, water will be delivered through private service lines which are installed by the Developer or Lot Owner, and for which the District has no responsibility or liability. 2.3 After the Developer has installed and constructed the Water Lines, the Developer will be required to submit a letter of receipt of the value of the Water Lines; and after such installation and valuation of the waterline has been approved by the District, the District will conditionally accept the Water Lines by issuance of a conditional acceptance letter(see Exhibit"A"). Two years after conditional acceptance of the Water Lines, subject to final approval by the District, Developer shall dedicate ownership of the Water Lines to the District. The Developer may use the District's existing Water Lines to serve the individual Taps, if the District determines in its sole discretion, that the existing Water Line may be accessed and has available capacity and pressure to serve the Development. 2.4 For all Water Lines located within the Development's roadway or utility/waterline easements, future repair of paving or other improved surfaces subsequent to the initial installation of any Water Line shall be the responsibility of the Developer, Homeowners Association, or current owner of the Right-Of-Way. The District will repair and backfill the trench to the surface but will not rebuild any surface improvements, including but not limited to pavement, curb and gutter, sidewalk, or landscaping other than grasses. 2.5 No water service will be provided to any water Tap within the Development until all fees, expenses and charges as determined by the District have been paid and/or raw water dedicated. The fees, charges and expenses, and/or water dedication shall be as determined and defined by the District and based upon such fees, charges and expenses, and water dedication requirements then in effect. Developer understands that the amount due for such fees, charges and expenses, and/or water dedication are subject to change or modification at the sole discretion of District. Initials: 77r+ • !,.0 n P:\Subdivisions\Soanng Skies Ventures.LLC\WSA(05-10-08)doc Page 2 of 7 2.6 Pursuant to this Agreement, the fees, expenses and charges for a water Tap consist of: (1) Review& Inspection Fee as provided in Paragraph 2.8; (2) Infrastructure Enhancement Fee as determined in Paragraph 2.9; (3) Plant Investment Fee as provided in Paragraph 2.10; (4) Mileage Charge pursuant to Paragraph 2.11; and (5) Raw Water or Cash in Lieu Fee as provided in Paragraph 2.12; (6) Raw Water Storage Fee as provided in Paragraph 2.12.2; and (7) Meter Fee as provided pursuant to Paragraph 2.15. Notwithstanding anything to the contrary herein, payment of all fees, expenses and charges as established pursuant to this Agreement shall be a condition precedent to the District providing water service to any Tap within the Development. Except as provided in 7.1, if the total fees, expenses and charges are not paid, all prior fees, expenses and charges paid by the Developer for any improvements made by the Developer shall be considered as forfeited to the District as liquidated damages as accurate calculation and determination of damages would not be possible. 2.7 The Raw Water or Cash in Lieu Fee, Plant Investment Fee, and Mileage Charge must be completed and fulfilled jointly before the District provides any water service. Once these fees have been paid or completed, the Developer or Lot Owner will then have one (1) year to pay for and have the meter set. Upon installation of the meter, or, after one (1) year of payment of these referenced fees, the District shall commence billing the Developer or Lot Owner a Minimum Monthly Charge in accordance with the policies the District then in effect. The Minimum Monthly Charge shall apply whether or not any water is taken through the Tap. 2.8 The District will be expending resources for review and inspection of the Development including but not limited to engineering review, Water Line inspection, surveying, bacteriological testing, and pressure testing of the Water Line constructed for the development. The Developer will be required to reimburse the District for such expenses and shall be known as the"Review and Inspection Fee". The Review and Inspection Fee shall be solely determined by the District, and for this Development said fee shall be the sum of$3,400.0°. A portion of this payment determined to be$180.°° of said Fee shall be paid by the Developer and payment shall be made upon execution of this Agreement and the remainder$3,220.00 of said Fee be made prior to commencement of construction of Water Lines that will serve the Development issuance of any building permit, whichever occurs earliest. The Review and Inspection Fee, as established in this Paragraph 2.8 is non-refundable. 2.9 The District may be constructing substantial Infrastructure, including but not limited to approximately 4,400 Lineal Feet of 12"waterline and appurtenances from the intersection of WCR 13 & 90 north to the Storage Facility that supplies water including Fire Flows to this Development. Additionally the District will provide connection to the existing eight-inch (8")waterline in WCR 15 with three eight-inch (8") gate valves and stub out into the development or make connection to the waterline within the development. A portion of these enhancements will be attributable to the Development and an"Infrastructure Enhancement Fee"will be charged to the Developer. The Infrastructure Enhancement Fee shall be solely determined by the District, and for this Development said fee shall be the sum of$39,310.0°. A portion of this payment determined to be $6`,900.00 of said Fee shall be paid by the Developer and payment shall be made upon execution of this Agreement and the remainder$32,410.00 of said Fee be made prior to commencement of construction of Water Lines that will Initials: P.\Subdivisions\Soaring Skies Ventures,LLQWSA(05-10-061 doe 3 of 7 serve the Development, or the issuance of any building permit, whichever occurs earliest. The Infrastructure Enhancement Fee, as established in this Paragraph 2.9 is non-refundable. 2.10 The Developer or Lot Owner will be responsible for making payment of the "Plant Investment Fee". Said payment shall be made prior to the issuance of any building permit or the setting of a water meter, whichever occurs earliest. All Plant Investment Fees paid shall be in accordance with the Plant Investment Fee as established by the District and in effect at the time of the payment. No portion of the Plant Investment Fee shall be returned or refunded once established pursuant to this Agreement and the Development is approved by Weld County, even if the number of lots and/or Taps in the Development is later decreased or unsold. However, if the number of lots and/or Taps increases beyond the number initially established in Paragraph 1.1, Developer will pay the Plant Investment Fee for each new Tap within the Development at the rate for Plant Investment Fees then in effect. 2.11 The Developer or Lot Owner will be responsible for making payment of the "Mileage Charge". Said payment shall be made prior to the issuance of any building permit or the setting of a water meter, whichever occurs earliest. All Mileage Charges paid shall be in accordance with the Mileage Charge as established by the District and in effect at the time of the payment. No portion of the Mileage Charge shall be returned or refunded once established pursuant to this Agreement and the Development is approved by Weld County, even if the number of lots and/or Taps in the Development is later decreased or unsold. However, if the number of lots and/or Taps increases beyond the number initially established in Paragraph 1.1, Developer will pay the Mileage Charge for each new Tap within the Development at the rate for Mileage Charge then in effect. 2.12 The "Raw Water or Cash In Lieu Fee" requirement for this Development shall be met by payment of"Cash in Lieu". The Developer or Lot Owner will be responsible for making payment of this fee. Said payment shall be made prior to the issuance of any building permit or the setting of a water meter, whichever occurs earliest. All Cash In Lieu Fees paid shall be in accordance with the Cash In Lieu Fee as established by the District and in effect at the time of payment. 2.12.1 At the sole discretion of District, the District may allow the Developer to dedicate Raw Water to fulfill the raw water requirement. The raw water requirement for a Residential Tap being a single family residence on one (1) lot shall be the dedication of at least one (1) Unit of Colorado Big Thompson (CBT) project water per Tap, or at least one (1) share of North Poudre Irrigation Company (NPIC) stock for every four(4) residential Taps. 2.12.2 In addition to the dedication of the Raw Water, the Developer shall be responsible for a Raw Water Storage Fee as determined by District. The Raw Water Storage Fee shall be applied once for each Unit of CBT or four times per share of NPIC that is dedicated to the District. The Raw Water Storage Fee payment shall be made in conjunction with the dedication of the Raw Water. 2.13 The Developer shall provide the District with security, as deemed acceptable by District, to secure the installation and warranty of Water Lines within the Development during the two-year conditional acceptance period. Said security shall cover 25% of all costs for construction of said Water Lines, which shall be released at the expiration of the two-year warranty period and upon full acceptance of the Water Lines by the District. The type of security to be accepted shall be at the sole discretion of the District, which will normally be a letter of credit, certificate of deposit, or bond. 2.14 During the two-year conditional acceptance period, the Developer will be responsible for any repairs or maintenance of the Development Water Line improvements. All such repairs and/or maintenance shall be in accordance with the District policies and engineering requirements, and shall be reviewed and approved by Initials: P\Subdivisions\Soanng Skies Ventures.LLC\WSA(d5-td Q6).doc Page 4 of 7 the District prior to any repairs or maintenance being effected except in emergency situations. 2.15 Prior to a meter being set and water service being provided at or for any Tap, the Developer or parcel owner shall be required to complete the District's Tap application form, pay the Meter Fee, and pay any remaining fees, expenses and charges, if any, in accordance with the policies and procedures of the District at the time of any Tap application, or any other expenses or costs that may be incurred by the District in relation to the Development. ARTICLE 3 FIRE PROTECTION 3.1 Fire protection is a basic provision required for development activities in the Weld County for which this Development is to be constructed. The Development may be located within an established fire protection district("FPD") which has its own policies, procedures and requirements concerning fire protection which may be in addition to or supplement any requirements imposed by the Weld County. Developer understands that District is not responsible for compliance with any such FPD or Weld County requirements and such requirements are the sole responsibility of Developer, FPD and/or Weld County. Developer further understands that District is not required to provide fire flows or even allow fire protection devices, including but not limited to hydrants, Water Lines, sprinklers, and valves, to be installed, inspected, serviced or provided by District. 3.2 However, as a courtesy and public service, District will permit Developer to install certain fire protection infrastructure pursuant to the provision of this Article 3 and any other provisions or requirements deemed necessary by District, in its sole discretion. 3.3 Developer shall provide to the District, FPD and Weld County plans and specifications for fire protection infrastructure, including but not limited to location and size of Water Lines to serve fire hydrants ("Fire Facilities"). Said plans shall be in accordance with any specifications and requirements established by District, Weld County and/or FPD. 3.4 Upon final approval of the plans and design by District, Weld County and FPD, Developer shall be responsible for installation of the same including all costs incurred by District to review plans, installation, and inspection of the same by District. Upon approval of the installation of all such fire facilities by District, Weld County and FPD, District will thereafter assume the responsibility of effecting maintenance and repairs of such facilities but District will be compensated for such maintenance and repairs, in perpetuity, by Developer or Homeowners Association in the Development. Additionally, responsibility for all costs of maintenance and repairs shall become a part of covenants that run with the title to all lots and property within the Development, and which shall constitute a first and prior lien upon all lots and property in said Development. 3.5 As additional consideration for this Agreement, Developer understand that District has not and will not perform any independent review or analysis of the adequacy of any fire facilities. Accordingly, Developer releases District from any and all liability or claims of any type that could be made against the District, including but not limited to water pressure, line size, lack of water, maintenance, volume or velocity of flow, or any other item related to fire facilities in the Development. 3.6 All final approvals of this Development must make reference to the responsibility of the Developer or Homeowners Association concerning expenses of maintenance and repairs for the fire facilities pursuant to Paragraph 3.4. Initials: 7-314 IC '7 O P ASubdiv,stons\Soaring Skies Ventures,LLQ WSA(05-10-06)dec 5 of 7 ARTICLE 4 PETITION OF INCLUSION 4.1 If determined to be necessary by District, the Developer agrees to sign and execute a standard Petition of Inclusion, Exhibit"B". ARTICLE 5 EASEMENTS AND RIGHTS-OF-WAY 5.1 As additional consideration for this Water Service Agreement, Developer agrees to sign and execute any necessary Easements and Rights-of-Way regarding specific locations, widths, size of pipeline(s) and descriptions for Water Lines as determined by the District. This Agreement is conditional upon execution and recording of the Easement and Right-of-Way Agreement, and until such Easement and Right-of- Way Agreement is finalized to the satisfaction of the District and recorded, District shall not be required to provide any services of any type. 5.2 Additionally, any final development plat must be reviewed and approved by District as to all aspects of Easements and Rights-of-Way for water facilities, pipelines and fire facilities. All such items must be dedicated for public use and District must approve the final plat. ARTICLE 6 DUAL WATER(IRRIGATION) SYSTEM 6.1 This Agreement is for a single system water service which means that one (1) system provides water for all water usage within Sorrel Ridge PUD. Neither the Developer or any Lot Owner will construct, install or use a secondary or alternative water system within Sorrel Ridge PUD without an amendment to this Agreement to insure proper installation, use and connection of a dual water system. For any breach of this provision, District shall have the right to discontinue water service to the entire Development until an amendment to this Agreement has been finalized by the District, Developer and/or all Lot Owners. ARTICLE 7 MISCELLANEOUS 7.1 This Agreement is conditional as the final plat of the Development has not yet been approved by Weld County. If the final plat is not approved on or before the day of , 20_, this Agreement can then be terminated by Developer and the same shall be considered null and void. Notwithstanding any language to the contrary, Developer shall be entitled to a refund of 98% of costs and expenses paid pursuant to Article 2.11, 2.12 and 2.13 if such refund is applied for within one (1) year of the payment made to the District. The 2% retention by the District shall be considered as administrative expenses. All or any portion of costs or expenses the Developer incurred pursuant to Articles 2.1, 2.9, 2.10 and 2.17 shall not be entitled to a refund of any amount. 7.2 This Agreement cannot be assigned by Developer without the express written approval of District. 7.3 This Agreement shall inure to and be binding upon the parties hereto and their heirs, executors, personal representatives, successors and assigns. Initials: TiM RID P:\Subdivisions\Soanng Skies Ventures.LLC\W5A(05-10-08).doc Page 6 of 7 IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written. DEVELOPER: // , IMF d 7 Rau..LIFE- By: r-t4..,Abti./G MkA4 By: $o A.L,NL Skies Vb"ty S) LA-G DISTRICT: ATTEST: NORTH WELD COUNTY WATER DISTRICT By: :-- --- By: t ! Secretary / President STATE OF COLORADO ss. COUNTY OF LAZtMEe— The foregoing instrument was acknowledged before me this Z day of SuJE , 20 Ots , by TIM J. r}hi-oPor-F Developer. �� Witness my hand and official seal. F,\SEN....,A � • Cy p� S".}:.,2 ' ' My commission expires: I( -2/ -2009 _ : MitaTh PUMP lei Notary Pub& -x��OF00\0``' STATE OF COLORADO ) ss. COUNTY OF WELD The foregoing instrument was acknowledged before me this /2!<- day of , 20jj , by as ',: President and as Secretary of North Weld County Water District. Witness my hand and official seal. c �� ;-Aorar My commission expires: = r 9 , %-7.A PUB,\G :' O c „ Nbtaary Public Initials: 771-1 �l P.\Subdivisions\Soaring Skies Ventures,LLC\WSA(05-I0-06)doc 7 of 7 C 1. �$.1:+r. 1 r. 'F. lii� to ._ d �adk�T. _. SFWER SYSTEMS s. , t es 2000 Series, t x _ .rsaa r ; '; $P; ,r-.. Environment One Corporation The following prices are distributor list prices and do not include markup by plumbers, installing contractors or any other third party supplying E/One products to an end user. These prices also do not include freight, start-up or commissioning services, or any other value-added services provided by an E/One distributor or third party. Terms and Conditions Quotations Written quotations by Environment One Corporation are valid for 30 days from date of quotation. Payment Terms are net 30 days with credit approval. 1.5 percent per month charged to all overdue accounts. Cancellations/Restocking Charge A charge of 15 percent of the list price (or a minimum of$100) will be applied on any order of standard material canceled after the order has been released to production. Returns or cancellations of specially configured materials will be assessed a charge of equal to the list price of non—standard components of the order (to a minimum of 15% of list or $100, whichever is greater). All returns must be in new and restockable condition and all freight charges incurred must be paid. Delivery Pumps and accessories are usually shipped within four to six weeks after acceptance of a valid order. Spare parts are normally shipped within five to 10 working days after acceptance of a valid order. All orders are FOB Niskayuna, NY, unless otherwise agreed and confirmed in writing. Start-up Supervision This service is provided by qualified distributors. In other cases, factory personnel can be made available on a limited basis. Please consult factory. Service All service—related work will be performed by factory—qualified service centers nearest to the job site. Warranty work must be pre—authorized. Ordering Information When Ordering Grinder Pumps • Specify model • Specify 120 or 240 volts • Specify accessories, if required • Specify quantity of wrenches when ordering more than five units When Ordering Core Units Environment One Corporation • Specify 120 or 240 volts 2773 Balltown Road Niskayuna, New York 12309 • Discharge type Voice: (518) 346-6161 Fax: (518) 346-6188 www.eone.com Grinder Pumps Model Field Joint Tank Type Invert Dist. Discharge Weight List Price from Grade (in.) Elevation (lbs.) (U.S. Dollars) 2010-44 No HDPE No accessway — 216 $2,705.00 2010-61 No HDPE 24 15 238 $3,106.00 2010-74 No HDPE 36 27 254 $3,154.00 2010-93 No HDPE 55 46 270 $3,215.00 2010-124* No HDPE 86 77 280 $3,820.00 2010-158` No HDPE 120 111 325 $4,033.00 2012-47 No HDPE No accessway — 254 $2,959.00 2012-63 No HDPE 24 14 276 $3,537.00 2012-74 No HDPE 33 24 288 $3,574.00 2012-93 No HDPE 52 43 306 $3,631.00 2012-129 Yes HDPE 88 79 345 $4,627.00 2012-160 Yes HDPE 119 110 375 $4,779.00 2014-38 No HDPE No accessway — 431 $5,859.00 2014-93 No HDPE 57 46 570 $6,554.00 2014-129 Yes HDPE 97 85 609 $7,476.00 2014-160 Yes HDPE 119 113 639 $7,523.00 2015-38 No FIBR No accessway — 440 $10,904.00 2015-97 Yes FIBR 63 51 705 $13,070.00 2015-129 Yes FIBR 94 83 730 $13,126.00 2015-160 Yes FIBR 126 114 770 $13,250.00 2016-39 No FIBR No accessway — 580 $14,352.00 2016-104 Yes FIBR 67 57 845 $16,518.00 2016-129 Yes FIBR 93 82 860 $16,562.00 2016-160 Yes FIBR 124 114 891 $16,682.00 Core 120V Candy Cane discharge 108 $1,949.00 Core 240V Candy Cane discharge 108 $1,821.00 Core 120V Straight discharge 108 $1,968.00 Core 240V Straight discharge 108 $1,840.00 Standard units without accessway include: cable price adders will apply to simplex stations; double 240V core unit with electrical quick disconnect, basin, the prices for duplex stations: padlock for panel,alarm panel(simplex 250-1,duplex 50'length $26.00 260-1),and 10'of supply cable. 75'length $61.00 Standard outdoor units include: 100'length $97.00 240V core unit with electrical quick disconnect, basin, For 120V stations add the panel price adder plus$128 cover,keyed—alike padlock(E/One now provides only to the list price; duplex stations, add $256 plus adder. one lock),alarm panel(simplex 250-1,duplex 260-1), •2010-124&2010-158 are one—piece construction(no and 32'of Environment One direct bury cable. field joint)and must be shipped on side or by special Special cable lengths installed on outdoor units are trucking arrangements.Core is shipped separately. available in lengths of 50',75'and 100'.The following list Additional freight charges may apply. The above prices are for equipment only, FOB factory, and do not include freight, start-up/commissioning, other value-added services, or markup by plumbers, contractors,etc. 1 Home WasteWater Disposal Unit Model Tank Type Inlet Discharge Weight List Price (lbs.) (U.S. Dollars) 2010IDU HDPE 4.625" 1.25" 200 $2,478.00 IDU Core Assy 100 $1,693.00 Features: • Dimensions: 29" w x 37" I x 35" h • Appliance-like configuration •--4r ' • 91-gallon basin capacity " ,., j.fir: • Built-in inlet valve • On-slab or in-slab compatible • On-board diagnostic center and alarm • 5'240V plug-n-play power supply 1000 Series Grinder Pump Stations Model Tank Type Invert Dist. Discharge Weight List Price from Grade (in.) Elevation (lbs.) (U.S. Dollars) 1010-60 HDPE 26 22.8 238 $3,008.00 1010-74 HDPE 38.6 35.4 254 $3,051.00 1010-92 HDPE 57.5 54.3 270 $3,102.00 1010-124 HDPE 89.2 86.0 280 $3,194.00 1010-159 HDPE 158.6 120.6 307 $3,308.00 1010E adder $258.00 1000 Series Core 240V Complete $1,873.00 1000 Guaranteed Submergence 240V Complete $2,323.00 Standard unit includes: • HDPE wet well tank with weld-on HDPE cover. • 240V, single phase, 60 Hz — • Electrical quick disconnect and 32' of Environment One direct bury cable. !° • Alarm disconnect panel (250-1) and panel padlock. k po Special cable lengths installed are available in lengths of 50', 75' and 100'. The following list price adders will apply: .1 . 50'length $26.00 I r, 75'length $61.00 .«, 100'length $97.00 } * Note: 1000 Series stations greater than 93" in height are shipped on their sides. 9 N All cores are crated and shipped separately. The above prices are for equipment only, FOB factory, and do not include freight, start-up/commissioning, other value-added services, or markup by plumbers, contractors, etc. 2 After Market Grinder Pump — AMGP The Environment One AMGP is designed and supplied for the complete retrofitting of troublesome centrifugal grinder pumps. • Longest mean time between service calls • Lowest operation and maintenance costs • Non—jamming grinder • Engineered to fit virtually any other grinder pump wet well • Drop—in change over • Built—in check valve and anti—siphon valve • No mercury float switches • No grease fouled floats • No dielectric oil • UL listed \ ' • 240 Volt, 1 phase, 60 Hz or 120 Volt, 1 phase, 60 Hz ,a Part Part Number Description Weight Price (lbs.) AMGP complete 0210ADF Core unit with electrical quick 127 $2,421.00 disconnect (EQD), 32' of supply cable, 250-1 alarm disconnect panel, mushroom lid vent, PVC slide face assembly and 72" discharge hose assembly Pump only 0201AAC Core unit with EQD and 10' of 120 $1,873.00 supply cable Simplex Discharge Kit PB0730G01 $102.00 Duplex Discharge Kit PB0886G01 $155.00 The above prices are for equipment only, FOB factory, and do not include freight, start-up/commissioning, other value-added services, or markup by plumbers, contractors, etc. 3 MOD Series Control Panels Model Description List Price (U.S. Dollars) 250-1 Simplex, 240 VAC, 1 ph, NEMA 4X enclosure, dead front construction, $248.00 15 amp power and alarm circuit breakers, visual alarm, audible alarm with push to silence, padlock, push to run and redundant start circuit. 250-2 Identical to MOD 250-1 less audible alarm and push to silence $248.00 (240 VAC). 250-3 Identical to MOD 250-1 with dry contacts rated at 10 amps — $255.00 240 VAC/24 VDC — resistive. 250-4 Identical to MOD 250-1 with remote alarm contacts (240 VAC, 3 amp). $255.00 250-5 Simplex, 120 VAC, 1 ph, NEMA 4X enclosure, dead front construction, $291.00 20 amp power and 15 amp alarm circuit breakers, visual alarm, audible alarm with push to silence, padlock, push to run and redundant start circuit. 250-6 Identical to MOD 250-5 less audible alarm and push to silence $291.00 (120 VAC). 250-7 Identical to MOD 250-5 with dry contacts rated at 10 amps — $299.00 120 VAC/24 VDC — resistive. 250-8 Identical to MOD 250-1 with remote alarm contacts (120 VAC, 3 amp). $299.00 260-1 Duplex, 240 VAC, 1 ph, NEMA 4X enclosure, dead front construction, $340.00 15 amp power and alarm circuit breakers, visual alarm, audible alarm with push to silence, individual core indicator lights, padlock, push to run, redundant start circuit, one set dry contacts rated at 10 amps, 240 VAC/24 VDC — resistive and one set remote alarm contacts (120 VAC, 3 amp). 260-2 Duplex, 120 VAC, 1 ph, NEMA 4X enclosure, dead front construction, $378.00 20 amp power and 15 amp alarm circuit breakers, visual alarm, audible alarm with push to silence, individual core indicator lights, padlock, push to run, redundant start circuit, one set dry contacts rated at 10 amps, 240 VAC/24 VDC — resistive and one set remote alarm contacts (120 VAC, 3 amp). T260 Time-Based Alternating Duplex Panel, Standard, 240V $639.00 T260-120 Time-Based Alternating Duplex Panel, Standard, 120V $720.00 Special panel configurations available — call for price and delivery. 4 Grinder Pump Accessories Part Number Description List Price PD0263G01 Conversion Kit 200 Series core (UF cable) to 2000 Series station, temporary $56.00 PD0263G02 EQD Conversion Kit 200 Series core (Erickson EQDs) to 2000 Series station —temporary. $188.00 PD0263G03 Conversion Kit 200 Series core to 2000 Series station, permanent $151.00 PD0264G01 Conversion Kit 2000 Series core to 200 Series station (UF cable), temporary $78.00 PD0264G02 EQD Conversion Kit 2000 Series core to 200 Series station (Erickson EQD), temporary $165.00 PD0264G03 Conversion Kit 2000 Series core to 200 Series station, permanent $74.00 PA1002G01 Tank wrench assembly, 15", for 61" stations $40.74 PA1002G02 Tank wrench assembly, 33", for 74" stations $43.78 PA1002G03 Tank wrench assembly, 45", for 93" stations $45.77 PA1002G04 Tank wrench assembly, 69" for 105" stations $83.01 PA1002G05 Tank wrench assembly, 79", for 124"-129" stations $86.01 PA1002G06 Tank wrench assembly, 93", for 140" stations $88.02 PA1002G07 Tank wrench assembly, 115", for 160" stations $92.05 PB0510G01 Wrench extension assembly, 48", for 200" stations $42.26 PB0509G04 Wrench extension assembly, 69" $49.77 4" Flange in place of Grommet $61.00 6" Flange in place of Grommet (2014 —2016 only) $91.00 8" Flange in place of Grommet (2014 —2016 only) $115.00 6" Grommet in place of 4" Grommet $61.00 6" SDR 35 Grommet in place of 4" Grommet $91.00 Separate Redundant Check Valve $32.00 Integrated Redundant Check Valve, candy cane discharge $67.00 Integrated Redundant Check Valve, straight discharge $31.00 Additional 4" SCH-40 inlet grommet $79.00 Additional 6" SCH-40 inlet grommet $110.00 Additional 8"inlet $152.00 New Station with SS band clamp, std. $97.00 New Station with SS band clamp, flood plain $122.00 New Station, flood plain cover $25.00 2000 Series Supply Cable Kits Part Number Length (ft.) List Price PA1887G07 5 $70.00 PA1887G08 10 $78.00 PA1887G09 15 $85.00 PA1887G10 20 $93.00 PA1887G01 32 $110.00 PA1887G02 50 $135.00 PA1887G03 75 $171.00 PA1887G04 100 $206.00 PA1887G05* 125 $261.00 PA1887G06* 150 $315.00 PB0579G01 (EQD both ends) 6 (extension for accessway kits) $115.00 *WARNING: May result in voltage loss 5 2000 Series Accessway Parts Part Number Replacement Cover Kit Description List Price PC0569G15 Simplex Station Cover Kit $118.00 PC0569G16 Simplex Station Cover Kit - Flood Plain $119.00 PC0569G17 Duplex Station Cover Kit $122.00 PC0569G18 Duplex Station Cover Kit- Flood Plain $123.00 Part Number Accessway Extension Description List Price PC0588G01 Slip-On 2' — simplex — No Cover Kit $276.00 PC0588G02 Slip-On 4'— simplex — No Cover Kit $324.00 PC0588G07 Slip-On 2'—duplex— No Cover Kit $334.00 PC0588G08 Slip-On 4'—duplex — No Cover Kit $382.00 PC0588G03 Flanged 2'— simplex — No Cover Kit $365.00 PC0588G04 Flanged 4'— simplex — No Cover Kit $412.00 PC0588G09 Flanged 2'—duplex— No Cover Kit $422.00 PC0588G10 Flanged 4'—duplex— No Cover Kit $470.00 PC0588G05 Slip-On 2' — station with 2 corrugations — No Cover Kit $311 .00 PC0588G06 Slip-On 4' — station with 2 corrugations — No Cover Kit $359.00 Part Number Accessway Extension wl Cover Kit Description List Price PC0893G01 Slip-On 2' — simplex— Band Clamp— No Lid $377.00 PC0893G03 Slip-On 4' — simplex — Band Clamp— No Lid $423.00 PC0893G13 Slip-On 2' —duplex— Band Clamp — No Lid $435.00 PC0893G15 Slip-On 4'—duplex — Band Clamp — No Lid $480.00 PC0893G05 Flanged 2' — simplex — Band Clamp— No Lid $460.00 PC0893G07 Flanged 4'— simplex — Band Clamp — No Lid $506.00 PC0893G17 Flanged 2' —duplex— Band Clamp— No Lid $517.00 PC0893G19 Flanged 4' —duplex— Band Clamp— No Lid $561.00 PC0893G09 Slip-On 2' — station with 2 corrugations — Band Clamp — No Lid $410.00 PC0893G11 Slip-On 4' — station with 2 corrugations — Band Clamp — No Lid $455.00 Part Number Accessway Extension wl Flood Plain Cover Kit Description List Price PC0893G02 Slip-On 2' — simplex — Band Clamp — No Lid $378.00 PC0893G04 Slip-On 4' — simplex— Band Clamp — No Lid $424.00 PC0893G14 Slip-On 2' —duplex— Band Clamp— No Lid $436.00 PC0893G16 Slip-On 4' —duplex— Band Clamp— No Lid $481.00 PC0893G06 Flanged 2' — simplex — Band Clamp— No Lid $461.00 PC0893G08 Flanged 4' — simplex — Band Clamp — No Lid $507.00 PC0893G18 Flanged 2' — duplex— Band Clamp— No Lid $518.00 PC0893G20 Flanged 4'—duplex— Band Clamp— No Lid $562.00 PC0893G10 Slip-On 2' — station with 2 corrugations — Band Clamp — No Lid $412.00 PC0893G12 Slip-On 4' — station with 2 corrugations — Band Clamp — No Lid $456.00 6 Gatorgrinder Model Tank Type Invert Distance Discharge Weight List Price from Grade (in.) Elevation (lbs.) (U.S. Dollars) GGS-2448 FRP* Field installed 16 in. 190 $1,779.00 GGS-2460 FRP Field installed 24 in. 199 $1,832.00 GGS-2472 FRP Field installed 24 in. 209 $1,893.00 GGS-2484 FRP Field installed 24 in. 218 $1,955.00 GGS-2496 FRP Field installed 24 in. 227 $2,012.00 GGS-3048 FRP Field installed 16 in. 214 $1,917.00 GGS-3060 FRP Field installed 24 in. 226 $1,989.00 GGS-3072 FRP Field installed 24 in. 238 $2,080.00 GGS-3084 FRP Field installed 24 in. 250 $2,291.00 GGS-3096 FRP Field installed 24 in. 262 $2,382.00 GGS-3648 FRP Field installed 16 in. 259 $2,101.00 GGS-3660 FRP Field installed 24 in. 272 $2,185.00 GGS-3672 FRP Field installed 24 in. 287 $2,275.00 GGS-3684 FRP Field installed 24 in. 302 $2,433.00 GGS-3696 FRP Field installed 24 in. 337 $2,644.00 GGS-4848 FRP Field installed 16 in. 377 $2,668.00 GGS-4860 FRP Field installed 24 in. 396 $2,818.00 GGS-4872 FRP Field installed 24 in. 438 $2,971.00 GGS-4884 FRP Field installed 24 in. 486 $3,256.00 GGS-4896 FRP Field installed 24 in. 512 $3,410.00 * Fiberglass Reinforced Polyester Core, 240V (specify station height for proper discharge assembly) 127 $1,490.00 Alarm Panel, 3R (PC0733G01) (no push-to-run or audible alarm) 5 $158.00 120V Core Adder $119.00 120V Panel Adder, 3R(PC0733G02) $40.00 • Standard unit includes: 240V core, basin with fiberglass cover and fiberglass anti-flotation ring, 3R alarm panel, 4" DWV grommet, 32' of direct bury cable, electrical quick disconnect, and discharge assembly. Note that mushroom vent is not included; see next page. • Core unit includes electrical quick disconnect, 32' of supply cable, and discharge assembly (specify station height for proper discharge assembly) • 3R alarm panel consists of circuit breakers, alarm light, and terminal block in a NEMA 3R NORYL thermoplastic enclosure The above prices are for equipment only, FOB factory, and do not include freight, start-uplcommissioning, other value-added services, or markup by plumbers, contractors, etc. 7 Gatorgrinder Supply Cable Kits Part Number Length (ft.) List Price PC0570G33 10 $78.00 PC0570G34 15 $85.00 PC0570G35 20 $93.00 PC0570G29 32 $110.00 Gatorgrinder Basin Extensions Part Number Extension Const. Weight List Price Height (lbs.) GA-24X6EXT 6 in. FW* 35 $137.00 GA-30 X 6EXT 6 in. FW 40 $266.00 GA-36 X 6EXT 6 in. FW 45 $294.00 • Filament Wound Gatorgrinder Accessories & Options Part Number Adder • Mushroom vent with Sch 80 PVC nipple and adaptaflex seal fitting PB0739G01 $43.00 • 6" grommet in place of 4" grommet PA0558P09 $23.00 • 4" DR 35 grommet in place of 4" grommet PB0686P03 $7.00 • 6" DR 35 grommet in place of 4" grommet PA0558P12 $22.00 • Additional 4" grommet PB0686P01 $9.00 • Additional 6" grommet PA0558P09 $23.00 • Pitless adapter conversion kit with stainless steel handle, nipple $188.00 and hold-down bracket • Upgrade alarm panel to include audible alarm, push-to-silence switch, push-to-run switch and 4X enclosure PC0684G01 $91.00 Cost to upgrade fiberglass cover: Diameter: 24" 30" 36" 48" • Solid steel cover, 1/4" thick, enamel paint, dark green (almost black) $41.00 $32.00 $77.00 No added cost • Solid aluminum cover, 1/4" thick; not painted $268.00 $279.00 $341.00 $386.00 • Stainless steel cover, 316 SS; not painted — Ca/I for pricing— • 24" Fiberglass flood adder(rated for 1' flood) $98.00 The above prices are for equipment only, FOB factory, and do not include freight, start-up/commissioning, other value-added services, or markup by plumbers, contractors, etc. 8 Gatorgrinder Basin Assemblies Size Tank Type Weight List Price (lbs.) (U.S. Dollars) 24" x 48" H FRP 78.5 $615.00 24" x 60" H FRP 87.5 $668.00 24" x 72" H FRP 97.5 $728.00 24" x 84" H FRP 106.5 $790.00 24" x 96" H FRP 115.5 $845.00 30" x 48" H FRP 103 $754.00 30" x 60" H FRP 115 $825.00 30" x 72" H FRP 127 $915.00 30" x 84" H FRP 139 $1,125.00 30" x 96" H FRP 151 $1,215.00 36" x 48" H FRP 148 $938.00 36"x 60" H FRP 161 $1,019.00 36" x 72" H FRP 176 $1,099.00 36"x 84" H FRP 191 $1,268.00 36" x 96" H FRP 226 $1,476.00 48" x 48" H FRP 266 $1,503.00 48"x 60" H FRP 285 $1,652.00 48"x 72" H FRP 327 $1,805.00 48"x 84" H FRP 375 $2,090.00 48"x 96" H FRP 401 $2,243.00 ' Fiberglass Reinforced Polyester • Basin Assembly includes basin, solid fiberglass cover, anti-flotation ring, and 1 1/4" female NPT discharge fitting The above prices are for equipment only, FOB factory, and do not include freight, start-up/commissioning, other value-added services,or markup by plumbers, contractors, etc. 9 • • A Precision Castparts Company Environment One Corporation 2773 Balltown Road Niskayuna, New York 12309-1090 Tel: (01) 518.346.6161 Fax: 518.346.6188 www.eone.com LM000122 Rev.G 063005 E/One Sewers :'. #t ; � ICI Low Pressure Sewer Systems Using Environment One Grinder Pumps ---ter Contents Introduction 3 Advantages of LPS Systems 3 Description and Operation 3 Pump Operation 4 Pump Type 4 Motor Selection 5 Power Outages 7 Power Consumption 7 LPS System Design 9 Information Required 9 Grinder Pump Station Size Selection 9 Grinder Pump Placement 10 Pipe Selection 10 System Layout 11 Zone Designations 12 Completion of Pipe Schedule and Zone Analysis 14 Review 17 References 22 Manufacturer Evaluation List 30 • Introduction E/One low pressure sewer (LPS) systems offer the designer new freedom in solving many problem situations that have defied reasonably economical solutions using the conventional approach. Each LPS system design should be considered on the basis of its own unique circumstances. On such a basis, a sound choice between gravity and low pressure systems can be made. General criteria aid the engineer in making a preliminary choice between several alternative sys- tems: entirely low pressure, entirely gravity, entirely vacuum or a combination of systems. These criteria are presented and are intended to serve as a general guide. The final decision and design are the responsibility of the project consulting engineer, whose knowledge of local conditions, including construction costs, regulatory requirements and the client's particular needs, become vital to the preparation of the final designs and specifications. Advantages of LPS Systems LPS systems have low initial (front end) cost compared to gravity systems, which have nearly all the total investment allocated in the first stage. With the LPS system, grinder pump costs are incurred only as construction progresses. These costs will be deferred for many years in certain types of development programs. An LPS system is not subject to infiltration from ground water or from surface storm water entering through leaking pipe joints and manholes. With zero infiltration, treatment plants need not be sized to handle the peak flow rates caused by infiltration. Treatment efficiencies can be more consistent, and treatment plant operating costs decrease. An LPS system may become the critical factor in determining whether "marginal" land can be economically developed. Many attractive sites have been considered unsuitable for development because of the excessive costs typically associated with conventional sewer systems — sites with hilly terrain, land with negligible slope, high water tables, poor percolation characteristics, rock, seasonal occupancy or low population density. Many communities are planning to convert from septic tanks to central sewage collection and treatment systems to minimize health hazards and/or environmental deterioration. The major reduction in cost and the simplicity of installation of an LPS system have strong appeal for such community improvement programs. Small-diameter pipe pressure mains can be laid along existing roadways with minimum disruption to streets, sidewalks, lawns, driveways and underground utilities. Surface restoration costs are similarly minimized. Sewage delivered to the treatment plant (because it contains no infiltration) is more uniform in "strength," the volume is smaller, and peaks are greatly reduced. Description and Operation Grinder pumps of approved design accomplish all pumping and sewage-grinding processes for small-diameter LPS systems. The system consists of conventional drain, waste and vent (DWV) piping within the residence connected to the grinder pump inlet. The grinder pump may be installed above or below grade, indoors or outdoors. Depending on flow factors and model used, it may serve one or more resi- 3 q r dences, or several families in the case of apartment buildings. tr_ Grinder pumps discharge a finely ground slurry into small—diameter pressure piping. In a completely pressurized collection system, all the piping downstream from the grinder pump (including laterals and mains) will normally be under low pressure (60 psig or less). Pipe sizes will start at 1 1/4 inches for house connections (compared to 4 or 6 inches in gravity systems) and will be proportionally smaller than the equivalent gravity pipeline throughout the system.All pipes are arranged as zone networks without loops. it Depending on topography, size of the system and planned rate of buildout, appurtenances may include valve boxes, flushing arrangements, air release valves at significant high points, check valves and full-ported stops at the junction of each house connection with the low pressure sewer main. Pump Operation Low pressure sewer systems have become feasible with the availability of the Environment One grinder pump, the reliability of which has been proven in more than 34 years of service. The grinder pump station pro- vides adequate holding capacity, reliable grinding and pressure transport of a fine slurry to an existing gravity sewer, pump station or directly to a wastewater treatment plant. In operation, the grinder pump station will handle sewage and many items that should not, but often do, appear in domestic wastewater. For example, plastic, wood, rubber and light metal objects can be routinely handled without jamming the grinder or clogging the pump or piping system. The grinder pump will discharge this slurry at a maximum rate of 15 gpm or 11 gpm at a pressure of 40 psig. Transporting sewage several thousand feet to a discharge point at a higher elevation is possible as long as the sum of the static and friction losses does not exceed design limits of 138 feet TDH (60 psig). The grinder pump is actuated when the depth of the sewage in the tank reaches a predetermined "turn-on" level, and pumping continues until the "turn off' level is reached. The pump's running time is short, power consumption is low, and long pump life is ensured. The unit is protected against backflow from discharge lines by an integral check valve. Several grinder pump station models are available to satisfy various total and peak demand conditions. Pump Type The semi-positive displacement pump in the grinder pump station has a nearly vertical H-Q curve. This is the best type of pump for successful parallel operation of many pumps into a system of common low pressure mains. Since each pump will be located at a different point along common low pressure mains and at various elevations, each pump should operate in an efficient and predict- able manner, whether one pump or numerous pumps are operating at a given moment; the pumps in such a system do not have a single fixed "operating point," but must operate consistently over a wide range of heads that are continually, and often rapidly, changing. 4 The Environment One grinder pump has the capability of operating above the LPS system design criteria of 60 psig, or 138 feet (Figure 1). Based on the maximum daily number of pumps operating simultaneously (Table 3) versus the number of pumps connected to the system at the design pres- sure of 138 feet, the capability to operate significantly above the system's design pressure is man- datory in order for the system to operate properly during the approximately bimonthly peaks when the "absolute maximum" numbers of pumps are operating. This feature also ensures that pumping will continue under those conditions when higher—than—normal pressure occurs in the pipeline. System designs with calculated heads approaching the upper limits of recommended heads should be reviewed by Environment One application specialists. Contact your local Environment One Regional Sales Office or authorized distributor for a no-cost, computerized review of your design. Occasionally during "normal" operation, there will be short periods when higher-than-design pres- sures will be experienced. These can result from a variety of causes including solids buildup (ob- structions) or air bubbles. Deposits of solids or air accumulation will be purged from the line since the pump continues to produce an essentially constant flow, even though the cross section of the pipeline has temporarily been reduced. Higher velocities through the reduced cross section will provide the scouring action needed to correct such conditions as soon as they start to appear. These higher—than—expected pressure conditions are transitory occurrences. The only requirement is that no damage be done to the pumping equipment, pipelines or appurtenances during these occasional short periods. Environment One grinder pumps are driven by motors rated for continu- ous operation at 104 F/40 C above ambient temperature. They can operate at 50 percent above rated pressure for at least 5 minutes without excessive temperature rise. Based on the Albany, New York, demonstration project', for this type of overload to last even as long as one minute would be rare. Motor Selection A grinder pump station is an electromechanical system that depends on electric power for its operat- ing, control and alarm functions. The design and selection of Environment One's pump, motor, grinder and level—sensing controls were accomplished by optimizing the wastewater transport function of the unit within the necessary constraints for unattended, trouble—free operation in a residential environment. A single grinder pump core is common to all models of Environment One grinder pumps (models GP 2010, GP 2012, GP 2014, GP 2015 and GP 2016). This central core contains all of the working and control elements of the unit and is powered by a 1 hp, 240v (or 120v), 1,725 rpm capacitor start, thermally protected induction motor. Each of these motor features was carefully considered in the design of the grinder pump station. The pump should be considered as a residential appliance. For this reason, performing the grinding and pumping functions using no more than 1 hp to permit occasional use at 120v in older homes not wired for 240v is desirable. In order to achieve the high heads desired and provide constant flow at varying heads, the 1-hp motor is coupled to a pump of semi-positive displacement design (Figure 1). At a rating of 1 hp and 1,725 rpm, the Environment One grinder pump develops more than 8.4 foot- pounds of torque. Motors used to drive centrifugal pumps are often rated at 2.0 hp at 3,450 rpm and may produce less torque. When handling residential sewage, grinding torque may be demanded 5 Figure 1 Grinder Pump Performance Characteristics - .90 80 n i I 1 i "80 5 C Consult factory for - 170 0 intermittent use above 60 psi or 138 feetTDH —,; -I 160 05 ��- - 150 , I 3r; I 20 - — IL— 50 r - 11 D% a L' I z w `4 0 O D w 3S HIT - ---- 80 o UJ H ‘ i 4 6U o 0 2� Lii } i I... -7 3 O 10 - i -. H V I H.I 20 o _ .__ -1_ i I I - 10 C - -20 30 2r 'I 1 4 0 -- J .. y_ I I , 2 4 6 8 10 12 14 "6 17 l 9,HAR'OE (0). GPM 6 • during any portion of the starting or running cycle. When the pump stops (controlled by level) in the midst of grinding hard objects (e.g. tongue depressors, plastic items, etc.), it must, upon restarting, be able to provide sufficient torque to the grinder to overcome the resistance of any object remaining from the previous cycle. Power Outages Environment One grinder pump stations have adequate excess holding capacity to provide waste- water storage during most electrical power outages (Figure 2). This excess holding capacity is shown on curve A. Data from the Federal Power Commission on national electrical power outages is plotted as a cumulative distribution function (curve B). Note that only volume above the normal "turn-on" level was counted as available storage. The average flow of 1.54 gallons/hour/person is based on the actual measured flow over a one-year period at the Albany Demonstration Project4. The local electrical power utility should be contacted to obtain a history on the power interruptions of the feeder(s) scheduled to serve the low pressure sewer site. From this data, curve B should be replotted to reflect local conditions. In those rare local areas where the frequency and/or the duration of outages exceed 7.5 hours, the use of Model GP 2012, with its greater holding capacity than that of the GP 2010, could be considered. When power has been restored after a power outage, it is likely that nearly all the pumps in the system will try to operate simultaneously. Under these conditions, the dynamic head loss compo- nent of the total head will rise significantly. A number of pumps in the system would see a total back pressure high enough to cause the thermal overload protectors to automatically trip in a few min- utes. Operation under conditions that could cause damage to the pumps or the system would be avoided. While these pumps are offline, other pumps in the system would be able to empty their tanks. After one to two minutes, the group that tripped off on thermal overload would cool and restart. The system back pressure would have been reduced and the group would be able to pump down normally. This process repeats itself automatically under the influence of each unit's own thermal protector, reliably restoring the system to normal operation. Power Consumption Monthly power consumption of a residential grinder pump station is substantially less than that of other major appliances. At 250 gpd per residence, power cost of $0.11 per kwhr and a 1 hp, 75 percent efficient motor pumping at 15 gpm, the cost per month may be calculated as: Cost = (1*746*0.11*250*30)/(0.75*1000*15'60) = $0.91 per month To this is added the cost of running a 12-watt condensation heater: Cost = (30*24*0.11*12)/(1000) = $0.95 per month 7 Figure 2 Relationship of GP Storage Capacity to Power Outage Experience I- 1 i 2016- ' . = N OF PERSONS 5 154. GAL./HP/P i__h TO No Jr' TFCT Li-SS THAN x HO IW, — TOTAL No OF OUTAGES 5F NATIONc0 CURVE "B" BASED ON I +'LFORMATION SUPP IED BY FEDERAL ' pW_P LJMMISSIS =E rt ! (i 5' 01)14 E 01)1AC,Eo Dl12NG 13o8-i&13' ! EXAMP_g- F 1. GP 2010 INSTALLED 2 4 [ 2. FOUR PERSONS IN PESIDENC. L.. 22 3 FOLLOW VERT'.CAI. LINE 4 UPWARD ------ TO CURVE "A FOR 2C1C � - - . . r N ---_ - y _.__ -_- --__ _. . _ _ . -- 4 HOP ZONiALLY LEFT I SHOWS 7-V2 HOURS OF 0P CC (A ACI`T T O. HOP COINTALL I?IG'-T _. _ _� — ____.__ TO CURVE B I I I 6 VERTICALLY CCWN _._ _ -_--__- __ -- - ___._.__ SH W H,,_ % DR _', NATION- OJT:ACES ARS 5A7SFEc ,. 4 7 8 0 5...SAP___ J5 PERSONS IN RESI_ENCE OR 0ERC_NT OUTAGE ( 7 8 LPS System Design Once the initial analysis of a project has confirmed the feasibility of using the low-pressure ap- proach, the completion of a preliminary system design is straightforward. This is primarily a result of two characteristics of E/One's semi-positive displacement pump: near-constant flow over the entire range of operating pressures and the ability of the pump to handle transient overpressures. The balance of this section outlines a systematic approach to LPS system design, leading from pump model and pipe selection to a detailed zone and system analysis. Information Required The information that should be assembled prior to initiation of the LPS system design includes: • Topography map • Soil conditions • Climatic conditions (frost depth, low temperature and duration) • Water table • Applicable codes • Discharge location • Lot layout (with structures shown, if available) • Total number of lots • Dwelling type(s) • Use and flow factors (seasonal occupancy or year-round, appliances, water supply sources) • Area development sequence and timetable Grinder Pump Station Size Selection Use this table to select grinder pump models for the types of occupancy to be served. Model Recommended Flow (gpd) Adequate for Managing ... GP 2010 up to 700 Flow from one average single-family home, and up to two average, single-family homes where codes allow and with consent of the factory. GP 2012 up to 1,500 Flow from up to two average single-family homes, and up to six average, single-family homes where codes allow and with consent of the factory. GP 2014 up to 3,000 Flow from up to four average single-family homes, and up to 12 average, single-family homes with consent of the factory. GP 2015 up to 5,000 Flow from up to six average single-family homes, and up to 20 average, single-family homes with consent of the factory. GP 2016 up to 6,000 Flow from up to nine average single-family homes, and up to 24 average, single-family homes with consent of the factory. 9 Considerations include: • Wetwell and discharge piping must be protected from freezing • Model and basin size must be appropriate for incoming flows, including peak flows • Appropriate alarm device must be used • Suitable location Daily flows above those recommended may exceed the tank's peak flow holding capacity and/or shorten the interval between pump overhauls. The company should be consulted if higher inflows are expected. The final selection will have to be determined by the engineer on the basis of actual measurements or best estimates of the expected sewage flow. Grinder Pump Placement The most economical location for installation of the grinder pump station is in the basement of the building it will serve. However, due consideration must be given when choosing an indoor location. If there is a risk of damage to items located in the basement level, other provisions should be made during basement installation or an outdoor unit should be considered. Considerations such as ownership of the pumps by a municipality or private organization and/or the need for outdoor accessibility frequently dictate outdoor, in-ground installations. For outdoor installa- tions, all GP models are available with high density polyethylene (HDPE) integral accessways ranging in height up to 10 feet. By keeping the unit as close as possible to the building, the lengths of gravity sewer and wiring will be minimized, keeping installation costs lower while reducing the chances of infiltration in the gravity flow section. AC power from the building being served should be used for the grinder pump. Separate power sources add to installation and O&M costs, decrease overall reliability and frequently represent an aesthetic issue. When two dwellings are to be served by a single unit, the station is usually placed in a position requiring the shortest gravity drains from each home. With multi-family buildings, more than one grinder pump may be required. Pipe Selection The final determination of the type of pipe to be used is the responsibility of the consulting engineer. In addition, the requirements of local codes, soil, terrain, water and weather conditions that prevail will guide this decision. Although pipe fabricated from any approved material may be used, most LPS systems have been built with PVC and HDPE pipe. Continuous coils of small-diameter, HDPE pipe can be installed with automatic trenching machines and horizontal drilling machines to sewer areas at lower cost. Table 1 compares the water capacity of two types of PVC pipe commonly used: SDR-21 and Sch 40, and one type of HDPE, SDR-11.All three have adequate pressure ratings for low pressure sewer service. 10 Table 1 Table 2 PIPE WATER CAPACITY PVC PIPE COMPARISONS Gallons/100 feet of Pipe Length Nominal Pipe Size =2 in. Nominal Pipe Sch 40 SDR 21 SDR 11 Parameter Sch 40 SDR 21 Size (in.) PVC PVC HDPE 1 1/4 7.8 9.2 7.4 Wall Thickness, in. 0.154 0.113 1 1/2 10.6 12.1 9.9 2 17.4 18.8 15.4 Inside Diameter, in. 2.067 2.149 21/2 23.9 27.6 3 38.4 40.9 33.5 50 gpm Friction 4.16 3.44 4 66.1 67.5 55.3 Loss, ft/100 ft 5 103.7 103.1 84.5 6 150.0 146.0 119.9 8 260.0 249.0 203.2 Although both types of PVC pipes are suitable, the three parameters compared in Table 2 illustrate why SDR-21 is suggested as a good compromise between capacity, strength, friction loss charac- teristics and cost. System Layout A preliminary sketch of the entire pressure sewer system should be prepared (Figure 3). Pump models should be selected and their location (elevation) should be noted. The location and direction of flow of each lateral, zone and main, and the point of discharge should be shown. The system should be designed to give the shortest runs and the fewest abrupt changes in direc- tion. "Loops" in the system must be avoided as they lead to unpredictable and uneven distribution of flow. Although not shown in Figure 3, the elevation of the shutoff valve of the lowest-lying pump in each zone should be recorded and used in the final determination of static head loss. Since Environment One grinder pumps are semi-positive displacement and relatively insensitive to changes in head, precisely surveyed profiles are unnecessary. Air/vacuum valves, air release valves and combination air valves serve to prevent the concentration of air at high points within a system. This is accomplished by exhausting large quantities of air as the system is filled and also by releasing pockets of air as they accumulate while the system is in operation and under pressure. Air/vacuum valves and combination air valves also serve to prevent a potentially destructive vacuum from forming. Air/vacuum valves should be installed at all system high points and significant changes in grade. Combination air valves should be installed at those high points where air pockets can form. Air release valves should be installed at intervals of 2,000 to 2,500 feet on all long horizontal runs that lack a clearly defined high point. Air relief valves should be installed at the beginning of each downward leg in the system that exhibits a 30-foot or more drop. Trapped pockets of air in the system not only add static head, but also increase friction losses by reducing the cross sectional area available for flow. Air will accumulate in 11 downhill runs preceded by an uphill run. Long ascending or descending lines require air and vacuum or dual-function valves placed at ap- proximately 2000-foot intervals. Long horizontal runs require dual function valves placed at approxi- mately 2000-foot intervals. Pressure air release valves allow air and/or gas to continuously and automatically released from a pressurized liquid system. If air or gas pockets collect at the high points in a pumped system, then those pressurized air pockets can begin to displace usable pipe cross section. As the cross section of the pipe artificially decreases, the pump sees this situation as increased resistance to its ability to force the liquid through the pipe. Air relief valves at high points may be necessary, depending on total system head, flow velocity and the particular profile. The engineer should consult Environment One in cases where trapped air is considered a potential problem. Cleanout and flushing stations should be incorporated into the pipe layout. In general, cleanouts should be installed at the terminal end of each main, every 1,000 to 1,500 feet on straight runs of pipe, and whenever two or more mains come together and feed into another main. Zone Designations The LPS system illustrated in Figure 3 contains 72 pumps and is divided into 14 individually num- bered zones. Division into zones facilitates final selection of pipe sizes, which are appropriate in relation to the requirements that flow velocity in the system is adequate and that both static and dynamic head losses are within design criteria. Assignment of individual zones follows from the relationship between the accumulating total number of pumps in a system to the predicted number that will periodically operate simultaneously (Table 3). Table 4 was initially developed after careful analysis of more than 58,000 pump events in a 307-day period during the Albany project (4). It was extended for larger systems by application of probability theory.The validity of this table has since been confirmed by actual operating experience with thousands of large and small LPS systems during a 34-year period. Using Figure 3, the actual exercise of assigning zones is largely mechanical. The single pump farthest from the discharge point in any main or lateral constitutes a zone. This and downstream pumps along the main are accumulated until their aggregate number is sufficient to increase the number of pumps in simultaneous operations by one, i.e., until the predicted maximum flow in- creases by 11 gpm. Figure 3 shows that zones 1, 2 and 3 end when the number of pumps connected total 3, 6 and 9, and the number of pumps in daily simultaneous operation are 2, 3 and 4, respectively. Any place where two or more sections of main join, or where the outfall is reached, also determines the end of a zone. This design rule takes precedence over the procedure stated above, as seen in zones 3, 4, 6, 8, 9, 11, 12, 13 and 14. 12 Completion of Pipe Schedule Table 3 and Zone Analysis MAXIMUM NUMBER OF GRINDER PUMP CORES OPERATING DAILY The data recorded on the System Flow Diagram (Figure 3) is then transferred to Table 4. Number of Grinder Maximum Daily Pump Cores Connected Number of Grinder Pump Cores Operating Table 4 Column No. Designation Simultaneously 1 Zone Number 1 1 2 Connects to Zone 2-3 2 3 Number of Pumps in 4-9 3 Zone 10-18 4 4 Accumulated 19-30 5 Pumps in Zone 11 Length of Main this 31-50 6 Zone in Feet 51-80 7 81-113 8 Column 4 is completed by referring to Table 3, 114-146 9 where the maximum number of pumps in simul- 147-179 10 taneous operation is given as a function of the number of pumps upstream from the end of the 180-212 11 particular zone, The output of each zone will vary 213-245 12 slightly with head requirements, but under typical 246-278 13 conditions, the flow is approximately 11 gpm. 279-311 14 Calculate the maximum anticipated flow for each 312-344 15 zone by multiplying the number of simultaneous operations in Column 7 by 11 gpm and record 345-377 16 the results in Column 8. 378-410 17 411-443 18 To complete columns 9, 10, 12 and 13, refer to 444-476 19 Flow Velocity and Friction Head Loss table for the 477-509 20 type of pipe selected — in this case, Table 5 for SDR-21. It will be seen that the engineer will 510-542 21 frequently be presented with more than one 543-575 22 option when selecting pipe size. Sometimes a 576-608 23 compromise in pipe size will be required to meet 609-641 24 present needs as well as planned future develop- 642-674 25 ment. As a general rule, pipe sizes should be selected to minimize friction losses while keep- 675-707 26 ing velocity near or above 2 feet per second. 708-740 27 741-773 28 For example, Zone 1 has a maximum of two 774-806 29 pumps running (Column 7). Table 5 offers a 807-839 30 choice of 1.25-inch, 1.5-inch or 2-inch pipe. 1.5- inch pipe is selected since flow velocity equals 840-872 31 3.04 ft/sec and friction loss equals 2.15 ft/100 ft. 873-905 32 Since the zone is 205 feet in length (Column 11), 906-938 33 the total friction loss (Column 13) is: 939-971 34 972-1,004 35 14 Figure 3 cc CDw O c [i') O w w w D ' co owe n` W way d Icr w a _ _.I w 4 QI > d `` 2 I! L� ig A - 13 U co in en QC roF Q LI " O 0 rr O N r- 000 OM O O 7 0';'—' ' 00 00 - c 7 in M N N vNi cc en 0 j 2 ^ Cl" Ol oc oo N co 'n C C c W O vit o - ^' ' Q n OM Oen in tr) lel In en en en en i n O—i en en en en O O 0 0 M 0 W N = ^ Z F m z 2W O O O O O O O O aw `^ 'n Len in en in en (I) 8 $ `,12 v ? Fri ? ? o o f E • z C 2 O co -. o � vi cc in '0 0 0 rn 0c in t kenU U O " V O N V N Vt DC en 0 0 7 0 I M M M C Vl M NiN oA C — IC tr V O a E 'J N 't up vl V' V V V en en rn N 7 N • LL a_ 2 In C O N y W -c V) VD en c N vn in V1 en O — N W rOO = O v, oc v, oc v, N 0o a _ " ¢ JH N V in -. 00 7 00 M - 'n V V N N N 2 U. - W w Z rc 4 S N f N H C in en en in 0vo V) ,1- N vm N N N ,- UOU N ^„ E -145 N N N O O Ni -. —; N N LL LLf = z O O L1J -I ~ W in O 0 0 0 0 in 0 0 0 0 0 in o 2 U. Z O 0 W en en 0 � CO VNl en 0 M N o N D •• j 0 F N N en fn W IL J. w O N N X V in V N 0" 7 7 O 7 N v V N 7 V V a oc0a O a` co O. N ,D O O ^ 0 ^ E J M N M rn N N en N rn rn Ni M M rn a w r W d J x 7 O a Z W m w J Q t t ChM W v, o o in O• o 'n O O In o 0 (n 0 (b a N ^ (-.1 N ^ M M ^ N rn ^ N rn rn m � iiiZ CI CO H Q UI 7 • N x E N rn N V1 lD N M N N M N N N OD Ot m N M N it) ,,,ON M N N cn N N N J CC 2 N III W Q Xa CC n Q 0 N en 7 N in VD N en N N en N (,,I N a w 2 ? U) N x3mm lij co QOw O m it a U 0 cg Q 0 pp O 0 O O O O O 0 O S O 0 n O C O O O O O O 0 O O O < V O N N N N N N N N N N N N N N 0 ju W a Z t N QO U a N en 01 - en O V M N c en '0 C en N O < U co W elZ j N m O o, m hp, r- en 7 CD Cr, en -� en N a ? T N aLu CC s N zz O ZO N M in 0 0 O N •-• N V 7 7 0 a cr) 12 0 N Q Ed ll Y a O O Z ^ N rn 7 Vl c N 00 o O N M V m a a N 15 HF = (2.15 ft/100 ft)(205 ft) =4.41 ft For Zone 14, with 72 upstream pumps, it is seen that a maximum of seven pumps can be running simultaneously. Table 5 provides options of: 3-inch pipe: V = 3.14 ft/sec; HF = 1.12 ft/100 ft or 4-inch pipe: V = 1.90 ft/sec; HF = 0.33 ft/100 ft The smaller-diameter 3-inch pipe is selected because of the increased velocities, especially with the TDH below 138 feet. A choice of 3-inch pipe would lead to a friction loss in this zone of: HF = (1.12 ft/100 ft) (2200 ft) = 24.75 ft Accumulated friction loss (Column 14) for each zone is next determined by adding the friction loss for each zone from the system outfall (Zone 14) to the zone in question. Thus, from Figure 3 it is seen that the accumulated friction loss for Zone 1 is: Zone Number Friction Loss (ft) 14 24.75 12 2.70 9 5.85 6 8.46 5 4.83 3 16.56 2 5.86 1 4.41 73.41 ft =Accumulated friction loss, Zone 1 The same summation is completed for each zone. To complete the hydraulic analysis, refer to the drawing contours and record in Column 15 the maximum line elevation between the point of discharge and the zone under consideration. In Column 16, record the elevation of the lowest pump in the zone. Subtract the values in Column 16 from those in Column 15 and record only positive elevation differentials in Column 17.Add the values in Column 14 to those in Column 17 and record the total in Column 18 to show the maximum combi- nation of friction and static head a pump will experience at any given point in the system. 16 Review The accumulated data in Table 4 should finally be reviewed for conformity with the criteria of flow velocity greater than or equal to 2.0 ft/sec and total design head less than or equal to 138 feet. If the system pressure exceeds 92 feet, the number of cores operating will remain the same and the flow from each pump will be reduced from 11 gpm to 9 gpm. Data should be reviewed to determine whether system improvements could result from construction modifications. As an example, deeper burial of pipe in one or two critical high-elevation zones might bring the entire system into compliance with design criteria. Environment One should be consulted in marginal cases and/or concerning: • Odor control issues • Frost protection issues • Excessive static head conditions • Excessive total dynamic head conditions • Unusual applications 17 Table 5 SDR 21 PVC PIPE Flow Velocity and Friction Head Loss vs Pumps in Simultaneous Operation(C= 150) 1 1/4 in. 1 1/2 in. 2 in. 2 1/2 in. 3 in. 4 in. 5 in. 6 in. 8 in. N V HE V HE V HE V ' HE V HE V HE V HE V HE V HE N 1 1.99 1.15 1.52 0.60 1 2 3.99 4.16 3.04 2.15 1.95 0.73 2 3 5.98 8.82 4.56 4.56 2.92 1.54 1.99 0.61 3 4 7.97 15.02 6.08 7.77 3.89 2.63 2.66 1.04 1.79 0.40 4 5 4.87 3.97 3.32 1.57 2.24 0.60 5 6 5.84 5.57 3.99 2.20 2.69 0.85 6 7 6.81 7.41 4.65 2.93 3.14 1.12 1.90 0.33 7 8 5.32 3.75 3.59 1.44 2.17 0.42 8 9 5.98 4.66 4.04 1.79 2.44 0.53 9 10 6.64 5.67 4.49 2.18 2.71 0.64 10 11 4.93 2.60 2.98 0.76 1.95 0.27 11 12 5.38 3.05 3.25 0.90 2.13 0.32 12 13 5.83 3.54 3.52 1.04 2.31 0.37 13 14 6.28 4.06 3.80 1.19 2.48 0.43 14 15 4.07 1.36 2.66 0.48 1.88 0.21 15 16 4.34 1.53 2.84 0.55 2.00 0.23 16 17 4.61 1.71 3.02 0.61 2.13 0.26 17 18 4.88 1.90 3.19 0.68 2.25 0.29 18 19 5.15 2.10 3.37 0.75 2.38 0.32 19 20 5.42 2.31 3.55 0.82 2.50 0.35 20 21 5.69 2.53 3.73 0.90 2.63 0.39 21 22 5.96 2.76 3.90 0.98 2.75 0.42 22 23 6.24 2.99 4.08 1.07 2.88 0.46 23 24 Head Loss Calculations 4.26 1.16 3.00 0.49 24 25 From Modified Hazen -Williams Formula 4.44 1.25 3.13 0.53 25 26 4.61 1.34 3.25 0.57 26 27 100852 1.852 1 4.79 1.44 3.38 0.61 1.99 0.17 27 28 Hr= .2083 [( C ) x q d 48655 J 4.97 1.54 3.50 0.66 2.07 0.18 28 29 5.15 1.64 3.63 0.70 2.14 0.19 29 30 V = .3208 A 5.32 1.75 3.75 0.75 2.21 0.21 30 31 5.50 1.86 3.88 0.79 2.29 0.22 31 32 2 5.68 1.97 4.01 0.84 2.36 0.23 32 33 A= d Th = cross-sectional flow, sq. in. 5.86 2.08 4.13 0.89 2.44 0.25 33 34 4 6.03 2.20 4.26 0.94 2.51 0.26 34 35 C = 150 6.21 2.32 4.38 0.99 2.58 0.28 35 36 q =flow in gallons per minute 4.51 1.05 2.66 0.29 36 37 d = I38 .D. of pipe in inches = 4.63 1.10 2.73 0.30 37 4.76 1.16 2.81 0.32 38 39 [average O.D. - (2 x min. wall thickness] 4.88 1.21 2.88 0.34 39 40 I _5.01 1.27 2.95 0.35 40 _ 41 5.13 1.33 3.03 0.37 41 42 5.26 1.39 3.10 0.39 42 43 5.38 1.45 3.17 0.40 43 44 5.51 1.52 3.25 0.42 44 45 5 63 1.58 3 32 0.44 45 46 N = Number of pumps operating at 11 gpm 5.76 1.65 3.40 0.46 46 47 V= Flow velocity in ft/sec 5.88 1.72 3.47 0.47 47 48 H = Friction head loss in ft/100 ft of pipe 6.01 1.78 3.54 0.49 48 49 F p p 6.13 1.85 3.62 0.51 49 50 I I I I I I I I _6.26 1.92 3.69 0.53 50 19 Table 6 SCHEDULE 40 PVC PIPE Flow Velocity and Friction Head Loss vs Pumps in Simultaneous Operation(C= 150) 1 1/4 in. 1 1/2 in. 2 in. 2 1/2 in. 3 in. 4 in. 5 in. 6 in. 8 in. N V HE V HE V HE V HF V HE V HF V HF V HE V HE N 1 2.36 1.74 1.73 0.82 1.05 0.24 1 2 4.72 6.28 3.47 2.97 2.10 0.88 1.47 0.37 2 3 7.08 13.31 5.20 6.29 3.15 1.86 2.21 0.79 3 4 6.93 10.71 4.21 3.18 2.95 1.34 1.91 0.46 4 5 5.26 4.80 3.68 2.02 2.39 0.70 5 6 6.31 6.73 4.42 2.83 2.87 0.99 6 7 5.16 3.77 3.34 1.31 1.94 0.35 7 8 5.89 4.83 3.82 1.68 2.22 0.45 8 9 6.63 6.01 4.30 2.09 2.49 0.56 9 10 4.78 2.54 2.77 0.68 10 11 5.25 3.03 3.05 0.81 1.94 0.27 11 12 5.73 3.56 3.33 0.95 2.12 0.32 12 13 6.21 4.13 3.60 1.10 2.29 0.37 13 14 3.88 1.26 2.47 0.42 14 15 4.16 1.43 2.65 0.48 15 16 4,44 1.62 2.82 0.54 1.95 0.22 16 17 4.71 1.81 3.00 0.60 2.08 0.25 17 18 4.99 2.01 3.17 0.67 2.20 0.27 18 19 5.27 2.22 3.35 0.74 2.32 0.30 19 20 5.54 2.44 3.53 0.81 2.44 0.33 20 21 5.82 2.67 3,70 0.89 2.56 0.36 21 22 6.10 2.91 3.88 0.97 2.69 0.40 22 P3 4.06 1.05 2.81 0.43 23 24 Head Loss Calculations 4.23 1.14 2.93 0.47 24 25 From Modified Hazen -Williams Formula 4,41 1.23 3.05 0.50 25 26 4.59 1.32 3.17 0.54 26 27 H = .2083((100'_eszx q �.esz 4.76 1.42 3.30 0.58 27 28 F L( C ] d 4.6655 J 4.94 1.52 3.42 0.62 1.98 0.16 28 29 5.11 1.62 3.54 0.66 2.05 0.17 29 30 V = .3208 q 5.29 1.72 3.66 0.70 2 12 0.19 30 31 A 5.47 1.83 3.79 0.75 2.19 0.20 31 32 den 5.64 1.94 3.91 0.79 2.26 0.21 32 33 A= = cross-sectional flow, sq. in. 5.82 2.06 4.03 0.84 2.33 0.22 33 34 4 6.00 2.17 4.15 0.89 2.40 0.23 34 35 C = 150 6.17 2.29 4.27 0.94 2.47 0.25 35 36 q =flow in gallons per minute 4.40 0.99 2.54 0.26 36 37 d = I.D. of pipe in inches = 4.52 1.04 2.61 0.27 37 38 [average O.D. - (2 x min. wall thickness] 4.64 1.09 2.68 0.29 38 39 4.76 1.15 2.75 0.30 39 40 I 4.88 1.20 2.82 0.32 40 41 5.01 1.26 2.89 0.33 41 42 ! 5.13 1.31 2.96 0.35 42 43 5.25 1.37 3.03 0.36 43 44 5.37 1.43 3.11 0.38 44 45 5.49 1.49 318 0.39 45 46 N = Number of pumps operating at 11 gpm 5.62 1.56 3.25 0.41 46 47 V = Flow velocity in ft/sec 5.74 1.62 3.32 0.43 47 48 HF= Friction head loss in ft/100 ft of pipe 5.86 1.68 3.39 0.44 48 49 5.98 1.75 3.46 0.46 49 50 I I I I I I I I 6.11 1.81 3.53 0.48 50 20 Table 7 SDR 11 HDPE PIPE Flow Velocity and Friction Head Loss vs Pumps in Simultaneous Operation(C= 155) 1 1/4 in. 1 1/2 in. 2 in. 3 in. 4 in. 5 in. 6 in. 8 in. N V HF V HF V HF V HF V HF V HF V HF V HF N 1 2.47 1.84 1.86 0.92 1 2 4.95 6.63 3.72 3.32 2.38 1.12 2 3 7.42 14.04 5.58 7.03 3.57 2.37 1.64 0.36 3 4 7.44 11.98 4.76 4.04 2.19 0.61 4 5 5.95 6.11 2.74 0.92 5 6 7.14 8.56 3.29 1.30 1.99 0.38 6 7 3.83 1.72 2.32 0.51 7 8 4.38 2.21 2.65 0.65 8 9 4.93 2.75 2.98 0.81 1.95 0.29 9 10 5.48 3.34 3.31 0.98 2.17 0.35 10 11 6.03 3.98 3.65 1.17 2.39 0.42 11 12 3.98 1.38 2.60 0.49 12 13 4.31 1.60 2.82 0.57 1.99 0.24 13 14 4.64 1.83 3.04 0.65 2.14 0.28 14 15 4.97 2.08 3.25 0.74 2.29 0.32 15 16 5.30 2.35 3.47 0.84 2.45 0.36 16 17 5.63 2.63 3.69 0.94 2.60 0.40 17 18 5.97 2.92 3.90 1.04 2.75 0.44 18 19 6.30 3.23 4.12 1.15 2.90 0.49 19 20 4.34 1.27 3.06 0.54 20 21 4.56 1.39 3.21 0.59 21 22 4.77 1.51 3.36 0.64 1.98 0.18 22 23 4.99 1.64 3.52 0.70 2.08 0.19 23 24 Head Loss Calculations 5.21 1.77 3.67 0.76 2.17 0.21 24 25 From Modified Hazen -Williams Formula 5.42 1.91 3 82 0.82 2 26_ 0.23 25 26 5.64 2.06 3.98 0.88 2.35 0.24 26 27 1 85 q 1 85 ll 5.86 2.21 4.13 0.94 2.44 0.26 27 28 H F = .2083 [(1 C Cg x d 4.8655 J 6.07 2.36 4.28 1.01 2.53 0.28 28 29 4.43 1.08 2.62 0.30 29 30 V= .3208 A 4 59 1.15 2.71 0.32 30 31 4.74 1.22 2.80 0.34 31 32 dzn 4.89 1.29 2.89 0.36 32 33 A= 4 =cross-sectional flow, sq. in. 5.05 1.37 2.98 0.38 33 34 5.20 1.44 3.07 0.40 34 35 C= 150 5.35 1.52 3.16 0.42 35 36' q =flow in gallons per minute 5.50 1.60 3.25 0.44 36 37 d = I.D. of pipe in inches = 5.66 1.69 3.34 0.47 37 38 5.81 1.77 3.43 0.49 38 39 [average O.D. - (2 x min. wall thickness] 5.96 1.86 3.52 0.52 39 40 6.12 1.95 3.61 0.54 40 41 3.70 0.57 41 42 3.79 0.59 42 43 3.88 0.62 43 44 3.97 0.65 44 45 4.06 0.67 45 46 N = Number of pumps operating at 11 gpm 4.15 0.70 46 47 V= Flow velocity in ft/sec 4.24 0.73 47 48 HF= Friction head loss in 1/100 ft of pipe 4.33 0.76 48 49 4.42 0.79 49 50 [ I I I I I I _ 4.51 0.82 50 21 References 1. Carcich, I., Hetling, L.J., and Farrell, R.P. "A Pressure Sewer System Demonstration," EPA-R2- 72-091, Office of Research and Monitoring, U.S. Environmental Protection Agency, Washington, D.C., November 1972. 2. Farrell, R.P. "Long-Term Observation of Wastewater Observation Stations," TM-2, American Society of Civil Engineers, April 1968. 3. "Handbook of PVC Pipe: Design and Construction," Uni-Bell PVC Pipe Association, Dallas, Texas, Second Edition, 1982. 4. Hicks, T.G., and Edwards, T. W. "Pump Application Engineering," McGraw Hill, New York, 1971. 5. Stepanoff, A.J. "Centrifugal and Axial Flow Pumps," John Wiley and Sons, New York, 1948. 6. Tucker, L.S. "Hydraulics of a Pressurized Sewerage System and Use of Centrifugal Pumps," TM- 6, American Society of Civil Engineers, 1967. 7. Tucker, L.S. "Sewage Flow Variations in Individual Homes," TM-2, American Society of Civil Engineers, February 1967. 8. Waller, D.H. "Peak Flow of Sewage from Individual Homes,"TM-9, American Society of Civil Engineers, January 1968. 22 TYPICAL INDOOR INSTALLATION MODEL 2010 li r1 _ Y _-� Ili -CONTROL PANEL FE //,,,t0\, F�ECTH AL FULLY KP �L CLICK DISCONNECT En I fiii. --UNION L7 I -VeN- -��I r / T' III '` �` vL='.)I--70__L- D---Ti fh III ,AGE TT a { LINE r l i HI pI, � rE, T`- sEr /ICS LINE A' LE FORTED - BALL VALVE r . i A }, p 2 n A/ r o nnie I : I n P I ,, Coa.OR T A TON LIV0n0TT1 REV A 23 TYPICAL OUTDOOR INSTALLATION MODEL 2010 _j 1 ION-PC_—7 PANE, II I 0 . . ,4%;?\\� 2 L _,--,,—, � 4\per., `>) I SE TI Y NAN_E c. 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N �; / �� we Hous,��c // rfr / �\ W S s � A SUNS IN 7LT�Ptr rl. L] � b ` SNC 141 mm. H ,_„. \ I `;ti ji III..,r/ v / - 1 ,;,/ H\ A�/.j PIPE S/E .�P ��, � '� _ , SS STEEL �� L.I DNrc If� 2 P- `f2 mm. DF By ctiK. ,L DATE ISSUE SCALE au.7 k SEWER SYSTEMS REDUNDANT CHECK VA!VE 28 CHECK VALVE -_�/2" NPT THREADS N' I N N I ' BUNP.-N FLAPPER, 7 \v CASKET TYP. /\ N\ I�IA� STAINLESS STEELiN HARDWARE TYP. A III ANTI-SIPHON\\\V / t '�\ i VALVE N � �— `-‘ � �\ \\\,\ , \ o \ \� \\N I 'h': \\�N I\ II 256 mm �T� �F\N N V - vy PVc HOUSING \NNN NV N I fN �I 1-v2" NOT � CH � THPEA DS APS SPA 17/07/91 B 5/8 DP BY CHK'D DATE I ISSUEI SCALE lfrIK//�/%�//// SEWER SYSTEMS ANTI-SIPHON CHECK VALVE NA i,',-, 975 PO 29 Manufacturer Evaluation List General Requirements for Low Pressure Sewer Systems Service and • Local fast-response service and maintenance organization has been des- Maintenance ignated Check List • Manufacturers of all equipment specified for the system have supplied all installation details • Warranties for all equipment specified for the system have been evaluated • Fast replacement parts availability for all equipment in the system has been ensured by each equipment manufacturer • User instructions have been supplied to homeowners Grinder Pump • Designated for the specific purpose of grinding and pumping domestic waste- water • Suitable for parallel operation in a system containing thousands of pumps connected to a common discharge line • Has a history of reliable operation • Compatible with existing power sources and provides economical opera- tion • Simple to service and troubleshoot, easily accessible for removal of grinder pump core; designed with simple wiring and controls; easily disassembled and reassembled • Warranty covering parts and labor for a reasonable length of time • Supported by a thoroughly detailed installation manual, service manual and facilities for service training Certifications • Canadian Standards Association • Underwriters Laboratories, Inc. • National Sanitation Foundation Required Features • Non-clogging pump • Non-jamming grinder • Anti-siphon valve integral with grinder pump • All valves of non-clogging design: integral check valve, anti-siphon valve and redundant check valve • High-level warning alarm Motor • Low rpm (1,725) • Overload protection, built-in, automatic reset • High torque, low starting current Tank • Self scouring • Completely sealed • Non-corroding material Level Sensing • Non-fouling type Control • No moving parts in contact with sewage Motor Controls • Completely protected • Simple to service or replace • UL-listed alarm panel 30 e i _, k a:? A Precision Castparts Company Environment One Corporation 2773 Balltown Road Niskayuna, New York USA 12309-1090 Voice: (01) 518.346.6161 Fax: 518.346.6188 www.eone.com LM000170 Rev.D 071204 PL1830 2 Oversized Maps Located in Back of Original File Not Scanned Hello