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Home My WebLink About20062009.tiff ;Wi` a APPLICATION FLOW SHEET COLORADO APPLICANT: Terra Firma Ventures CASE #: PF-1093 REQUEST: Planned Unit Development Final Plan for 9 residential lots (Sage Hill) LEGAL: Lot A RE-3840 being part of the NW4 Section 5, Township 7 North, Range 67 West of the 6th P.M., Weld County, Colorado LOCATION: East of and adjacent to County Road 15 and south of and adjacent to County Road 86 PARCEL ID #: 0705 05 200001 ACRES: 34.99 +/_ Date By Application Received 2/10/2006 Application Completed 2/13/2006 SL Referrals listed 2/13/2006 SL Utility Board 3/16/2006 File assembled 114 Gb UnTh Letter to applicant mailed S Vicinity map prepared 2/13/2006 Referrals mailed Chaindexed ( Field check by DPS staff yy�' Administrative Review decision: / 7 G Date By County Commissioners Hearing Date(if applicable) Surrounding property owners notified Air photo and maps prepared CC action: CC resolution received Recorded on maps and filed 7-/ff ` 0 C ai— Overlay Districts Zoning Agricultural MUD Yes No x_ IGA Yes No x_ Airport Yes No_x_ Geologic Yes No_x_ Flood Hazard Yes No_x Panel #080266 0475 D 2006-2009 Road Impact Clear Day Page 1 of 1 Donna Bechler From: Brad Mueller Sent: Wednesday, July 26, 2006 8:49 PM To: Donna Bechler Subject: RE: Terra Firma Ventures Planning staff approval was 4/17/06. Flow sheet is in the mail. Thanks! From: Donna Bechler Sent: Tuesday, July 25, 2006 2:26 PM To: Brad Mueller Subject: Terra Firma Ventures Brad, Until recently, we received an Application Flow Sheet whenever a planner sent an administratively approved file to our office. I attached a copy of one we received for a previous case. This gives us the information we need as to when it was approved by Planning Staff. If we could continue to receive these, it would really help us. Thank you for sending the case file over for Terra Firma, however, I have been unable to find the date of approval by Planning Staff. Could you e-mail me the date it was approved so I can list it on the Resolution that was approved by the Commissioners on July 17th. If the date is listed on case file you just sent over, and I'm just not seeing it, please accept my apology. Thank you. Donna 7/27/2006 Memorandum TO: Clerk to the Board Office IDATE: July 23, 2006 C FROM: Brad Mueller, Assistant Director COLORADO Department of Planning Services RE: Terra Firma Ventures // Sage Hill PUD Planning Case No. PF-1093 Enclosed is the complete file contents of the final plat application for Terra Firma Ventures (Sage Hill PUD), Planning File No. PF-1093, which was processed administratively. Please advise me if additional information is required. 1 (sue le) l l$rs,o) Plat Checklist POC / Planner Item Comments Check Check Proper size and material 24" x 36" or 18" x 24"/Minimum 3 millimeter polyester sheet ,! t Lettering No stick-on lettering / Minimum 8 pt. lettering '.--- I Boundaries of Lots v Scale Suitable Scale? (1"=200'or 1"=100') L(' ✓ V ,LVtnl 111 Accesses indicated Shared Access?If so, is easement Certificate inclu ed? i ' Roads labeled,including � R.O.W 6 Building Envelope(s) - - - Vicinity Map Suitable Scale? (Minimum 1"=2000') J _ic--i re 4-) North Arrow ,/ Legal Description (art w,t,�6/35Cu -i ,.l i Fit ---- - f ' Notes from Planner/ Development Standards - Conditions of Approval O AI'r'mo KC b IA c o(.“-are rIA L P2oe1-' 0 M l$A ft"c iCJCN 1'S Owner's Certificate Notarial Certificate included?All owners must sign the plat, check the deed. Surveyor's Certificate and All surveyed plats Lt c1-4, Surveyor's Stamp Note: USR plats do not need to be surveyed Director of Planning Notarial Certificate included?(RE, SE, SPR,Final PUD if Staff Certificate Approved) �j(�,� Planning Commission (USR,COZ, Minor Sub. Final) �Yl !"'" 1 J /P•Certificate i Board Certificate (USR, COZ„Minor Sub Final) apr nl IA (Final PUD, RE, SE&ZPMH if Board approved) Typical Road Cross Section (COZ,Final Minor Sub. and Final PUD) Easements l Please return the plat to the CAD Technician within 24 hours of receiving the plat. Planner on Call: (Initials) Planner Signature: Date: Page 1 of 1 Sheri Lockman From: Sheri Lockman Sent: Friday, May 19, 2006 2:35 PM To: 'Halopoff, Timothy' Subject: Sage Hill Good afternoon Tim. I had a chance to review the covenants. They look fine. Please put a tab on the first page and on Section 2.34 so that they don't forget to fill in the blank when they are recording. The following should be a list of what is still outstanding: 1)Signed covenants and recording fee V e 2)Approval from Public Works ✓ — St`4 t"0. +, C-ns 3) Finalized Water Service Agreement V 4) Digital file of drawings✓61.4 rvc. 5) Collateral for improvements agreement 6) Mylar plats and recording fees✓ cten_... Lastly, as agreed, evidence that the mineral right purchaseCom Anadarko have been deeded to the HOA will be required prior to release of collateral because of the legal issues. Let me know if I have forgotten anything. Have a great weekend. Sheri 05/19/2006 Memorandum TO: Clerk to the Board Office VIIDc Board of County Commissioners DATE: July 13, 2006 COLORADO FROM: Brad Mueller, Assistant Director Department of Planning Services RE: Acceptance of Collateral and Improvements Agreement for PF-1093 (Sage Hill) The Department of Planning Services has received evidence of collateral for the Sage Hill subdivision (Planning File PF-1093), Terra Firma Ventures, LLC, owners. This collateral is in the form of a Letter of Credit(Option No. 1 from the Improvements Agreement)in the amount of $311,200.00, covering items outlined in Exhibit A of the attached executed Improvements Agreement plus the 15%guarantee required of the Agreement. The Improvements Agreement and collateral have been reviewed by the Departments of Planning Services and Public Works, as well as the County Attomey's Office,and it has been determined that the amount of collateral is sufficient to cover the proposed improvements. The Departments of Planning Services and Public Works recommend acceptance of this collateral and the attached Improvements Agreement, and they request scheduling with the Board. • 6MEMORANDt planning Department EELEY OFFICE w. mAyTO: Sheri Lockman, Dept. of Planning Services DATE 1n+:+?� •E €• FROM: Drew Scheltinga, P. E., Public Works Department Agreement) W (Improvements A COLORADO SUBJECT: PF-1093 Sage Hill g I have received a revised Improvements Agreement for Public Road enance as in my final platrev review ofF February 21, 2006. The agreement and exhibits trequested are acceptable. The agreement can be placed on the Board of County Commissioners agenda for approval. PC: PF-1093 Sage Hill Email & Original: Sheri Lockman, Dept. of Planning Services PC by Post Applicant/Engineer: Timothy Halopoff, Terra Firma Ventures Page 1 of 1 M:PLANNINC-DEVELOPMENT REVIEWI3-Final Plat(PF,MF,MJF)\PF-1093 Sage Hill\PF-1093 Sage Hill(Improvements Agreenent).DOC :111ADAMS eAlM&TRUST P.O. Box 790 Phone No. (303)833-3575 8308 Colorado Blvd. Fax No. (303)833-2796 Firestone, CO 80520 IRREVOCABLE LETTER OF CREDIT June 22, 2006 Board of County Commissioners of Weld County Attention: Clerk to the Board P.O. Box 758 Greeley Colorado 80632 Letter of Credit# 1322925 Dear Clerk to the Board: We hereby issue our Irrevocable Letter of Credit #1322925 in your favor for the account of Sage Hill Inc. in an amount not to exceed $311,200.00 (Three-hundred Eleven- thousand Two-hundred and NO/100) effective immediately and expiring on June 21, 2007 or any extended expiration date as indicated below. Funds under this Letter of Credit are available for payment by sight, by presentation of your sight draft(s) substantially in the form on Exhibit "1" accompanied by your written certificate substantially in the form of Exhibit "2". Partial and multiple drawings are permitted. This Letter of Credit will automatically be extended for a period of 1 year from the present or any future expiration date unless we notify you in writing by certified mail Sixty(60) days prior to any expiration date that we elect not to renew this Letter of Credit for any additional period. We hereby engage with you that all drawings in conformity with terms and conditions of the Letter of Credit will be duly honored upon presentation to our counters on or before any expiration date as indicated above. All bank charges, including any advising bank charges, are to be charged to Sage Hill Inc. If a demand for payment by you hereunder does not, in any instance, conform to the terms and conditions of this Letter of Credit, the bank shall give the Board written notice, and send copy of this notice by FAX to the board of County Commissioners (Attn: Clerk of the Board), within three business days of presentment of any nonconforming draft that the purported negotiation was not effective in accordance with the terms and conditions of the Letter of Credit, stating with particularity the reasons therefore. The bank will hold all documents at the bank for the Board, or send them to the Board, at the Board's option. Any such nonconforming demand may be corrected and resubmitted within three (3) business days of receipt of the bank's mailed notice of nonconformity. A re-submittal will be deemed to have been presented to the bank on the date of the original demand for payment. We are a current member of FDIC. This credit is subject to the Uniform Customs and Practice for Documentary Credits, 1993 revision, ICC publication number 500. This Irrevocable Letter of Credit sets forth in full the terms of our undertaking and such undertaking shall not in any way be modified, amended or amplified by reference to any document or instrument referred to herein or in which the Irrevocable Letter of Credit relates and any such reference shall not be deemed to incorporate herein by reference any document or instrument. Sincerely, ADAMS BANK & TRUST Dale Tanaka Vice President EXHIBIT 1 TO LETTER OF CREDIT DRAFT FOR PAYMENT DRAWN UNDER IRREVOCABLE LETTER OF CREDIT NO. DATE: , 200 PAY TO: The account of the Board of Commissioners of Weld County Colorado, Account No. , at Colorado, THE SUM OF DOLLARS ($ _) The Board of Commissioners of Weld County, Colorado By: Clerk to the Board EXHIBIT 2 TO LETTER OF CREDIT To: CERTIFICATE FOR PAYMENT The undersigned, a duly appointed officer of the Board of County Commissioners of Weld County, Colorado (the "Board"), hereby certifies to ADAMS BANK & TRUST (the "Bank"), with reference to the Bank's Irrevocable Letter of Credit No. , issued by the Bank in favor of the Board, that: (1) The undersigned is the City Clerk for the Board. (2) The City is authorized to make a drawing under the Letter of Credit. (3) The amount which is due and payable from the Letter of Credit is $311,200.00, and the amount of the sight draft accompanying this certificate does not exceed such amount. IN WITNESS WHEREOF, the undersigned has executed and delivered this certificate as of the day of , 200 . Board of County Commissioners of Weld County, Colorado By: Clerk to the Board IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS (PUBLIC ROAD MAINTENANCE) THIS AGREEMENT,made and entered into this day of , 204s, by and between the County of W eld,State of Colorad o,acting through its Board of County Commissioners,hereinafter called"Co unty," and "TERRA 1=,RMA VcrLn,.FS LI- . , hereinafter called "Applicant." WITNESSETH: WHEREAS,Applicant is the owner of,or has a controlling interest in the following described property in the County of Weld, Colorado: LcrA of IZECO,RileJ cxEMP-r'rc,.1 Tlo. cnOS-OS- Z- IZE - 3S'/O 13EINA A PA/LT of -i— Ns L %y of SScrtou 5, 7 taPJSMita 7$, .w4"€-. C01 W (>t= r'+t-E (vrL4 ME MC.ZAlA,J 1 Cour"r'I uF L LDt SI A'rL�' oF COL-O4.AO o . WHEREAS, a final Subdivision/Planned Unit Development (PUD) Plat of said property, to be known as SA6EN!Lt __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 Nat, 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 documents of the Subdivision Final P lat,Planned Unit Development Final Plat,or Site Plan,which improvements,along with a time schedule for completion, are listed in Exhibits "A" and "B" of this Agreement. NOW,THEREFORE,IN CONSIDERATION OF the foregoing and of the acceptance and approval of said Final Plat, the parties hereto promise, covenant and agree as follows: 1.0 Engineering Services: Applicant shall furnish,at its own expense,all engineering 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 C olorado,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 construction 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 statement of construction 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 be 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 improvem ents 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 County may 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 against the 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 Sub division or P tanned 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 expects to 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 improvements. 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 cur rent address of the person to be reimbursed during the term of 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 constmcted under an improvem ents agreem ent,the subsequent subdivider,applic ant,or owner shall reimburse the original subdivider, applicant, or owner, for a portion of the original con struction 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, Resub division,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, Resubdivision, 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 as measured by the changes in the Colorado Construction CostIndex 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,Resubdivision, or Planned Unit Development will generate shall be decided by the County Engineer. 5.7 The term for which the subdivider,applicant,or owner is en titled to reimbursement under 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 improvem ents. 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 monies to be reimbursed b y the subsequent subdividers,applicants, or owners. 3 6.0 Acceptance of Streets for Maintenance by the County: Upon compliance with the following procedures by the Applicant,streets within a Subdivision or Planned Unit Developmentmay be accepted by the County as a part of the County road system and will be maintained and repaired by the County. 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 o n the Subdivision or Planned Unit Development improvements in that phase of the development are satisfac tory 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 applicants) may request in writing that the County Engineer inspect the streets and recommend that the Board of County Commissioners accept them for partial maintenance by the County. Partial maintenance consists of a0 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 sh all 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 according to County standards, he shall recommend acceptance of the stre ets 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 of County 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) year after 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 am not completed and the agreement notrenewed within these time frames,the County,at its discretion,may make demand on all or a portion of thecollateral 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 o f a Planned Unit Development Final Plan or Subdivision Final Plan. The app licant 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 notcovered 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 requirements 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 MeG raw-Hill Comp anies. The applicant has provided costestimates for all 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 Federal or State licensed financial institution on a form approved by Weld C ounty. The Letter of Credit shall state at least the following: 8.1.1 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 County if 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 estimatedcosts 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 Agreement (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 ofproposed 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 approval, 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 proposed development by a disinterested Member of the American Institute of Real Estate Appraisers (M.A.I.) indicating that the value of the property encumbered in itscurrent degree of development 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 prop erty. 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 of the property by a Member of the Institute of Real Estate Appraisers (M.A.I.) indicating that the value of the property encumb ered 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 amount specified in the Improvements Agreement. 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 approval 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 C ounty determines there is a de fault of the Improvements Agreement, the escrow agent,upon request by the County,shall release any remaining es crowed funds to the C ounty. 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 We Id County, the Applicant must present a Statement of Substantial Compliance from an Engineer registered in the State of C olorado that the projector a portion of the project has been comple ted 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 if the fire hydrants are operational and state the results of fire flow tests. 9.6 The requirements 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 request 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 of C 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 sc hoofs, 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 dedicated 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 B oard 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. 715.1 APPLICANT:_��/ APPLICANT: --- — TITLE: MR r.u•44!rjfa_ �[1`` `, � E18EN /jai Subscribed and sworn to before me this ? day of f�/4� , 20 O�O. ��ti;$# -.. q•Cy s My Commission expires: *: a�/ = Notary Public y t 1( Z( 200 : tr•y PuB1•NG /Ulm IMO 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 8 EXHIBIT "A" Name of Subdivision or Planned Unit Development SA. 1-__-I!-S._. Filing: NiA__r_ —_iiiV•13- `Z Loy asraz£ Location: ______SE___Sn,L.N_=2 __ tar_—_Y`! _lS— 1!c+2_— C.A.__iifa_ 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 H,Soo GY $ 3 /CS 413, 500 Street grading H,Soo Of 83/cy 2t I3,500 3,500 Street base /,695- TN 104.10/m4 0 27, 634 Street paving 5,2415 5Y f//2.53/5', % 65, 7(9. Bf Curbs, gutters, and culverts — — Sidewalk Storm sewer facilities 350 LP 525/tF 5 9,7So Detention ponds 2,000 cY it 3 /cy 4 (0,000 Ditch Improvements — — — Subsurface drainage — — — — Sanitary sewers — — — — Trunk and forced lines — — — — Mains — — — Laterals (house connected) — — — — On-site sewage facilities — — — — On-site water supply and storage — — — — Water Mains(includes bore) /1350 Le. lv..-F ` yo,70o Fire hydrants 3 EA ii 2,'t /E4 I If. 000 Survey and street monuments and boxes — — — — Street lighting — — Street Names / 64 7#7F?6/eA 1 7456 Fencing requirements — — d — Landscaping / LS A/'1,000 if /y,000 Park improvements — Road culvert — — — Grass lined swale — — — Telephone 9 LOTS ii'/Ooo/L.aT 0 9,000 Gas 2,000 LF 4 9/L-F 1 /L/,OOu Electric 9 .s-r5 % fooDA-'T it)6,000 Water transfer — — — SUB-TOTAL: K 260, 5$9. S5- Engineering and Supervision Costs $ I O,000 (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 $ 2.70, 589'. Sr 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 ant--- -- — — — MANa6 (A. Isel Eet-1 Date: ra / q , 20 00(0. Title (If corporation, to be signed by President and attested to by Secretary, together with corporate seal.) 10 EXHIBIT "B" Name of Subdivision or Planned Unit Development S .4 1-lih Filing: N�� U.D. yi•-cT SLLPC2� Location: 5e.__ —Ac•D 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 sp aces blank where they do not apply.) Improvements Time for Completion Site grading (o WKc Street grading 2 1Jrc Street base ? w icc Street paving / tn!lc Curbs, gutters, and culverts Sidewalk Storm sewer facilities 2 w/c5 Detention ponds 2.. 41P-5 Ditch improvements / tnit Subsurface drainage Sanitary sewers Trunk and forced lines Mains Laterals (house connected) On-site sewage facilities On-site water supply and storage Water mains 5 wk-s Fire hydrants I w t Survey and street monuments and boxes Street lighting Street name signs Fencing requirements I DA'1 Landscaping Park improvements Road culvert Grass lined swale I w k Telephone 'f Las Gas 4 wic-S Electric .s KS Water transfer SUB-TOTAL: 3N '4?'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: -/1777 Applicant d—id --- -- --- AlA+.A.4 CC ME AAA eLS Date: S "7 , 2000 . Title (If corporation,to be signed by President and attested to by Secretary, together with corporate seal.) 12 Page 1 of 1 Brad Mueller From: Drew Scheltinga Sent: Thursday, July 13, 2006 7:48 AM To: Brad Mueller Cc: THalopoff@JREngineering.com; Peter Schei Subject: PF-1093 Sage Hill Brad Public Works has received payment from Tim Halopoff for Public Works Application Fees. All requirements on the part of Public Works have been met for recording of the final plat. Drew Scheltinga, P. E. Weld County Public Works Department 1111 H Street P. O. Box 758 Greeley, CO 80632 970-356-4000 X3750 dscheltinga@co.weld.co.us 07/13/2006 Page 1 of 1 Brad Mueller From: Tanaka, Dale [DTanaka@abtbank.com] Sent: Wednesday, July 12, 2006 1:32 PM To: Brad Mueller Cc: thalopoff@yahoo.com; Susan Joy Subject: FW: Sage Hill collateral Brad: What you term as the overage amounts to the 15% improvements gurarantee required by the development agreement. There is no overage. When the improvments are done and the county releases $270,589.85 of the letter of credit there will be $40,610.15 available for the improvments guarantee. Please let me know if you have questions. Thanks Dale Tanaka From: Brad Mueller [mailto:bmueller@co.weld.co.us] Sent: Wednesday, July 12, 2006 9:45 AM To: Tanaka, Dale Subject: Sage Hill collateral Dale, Thanks for the substitute page 1 for the LOC. I received a hand-written note asking to send you the old one, which I assume was by your request; I'll do that. One item that remained unchanged was the dollar amount, which was $311,200 versus the $270,589.85 listed in the Improvements Agreement. This "overage" is acceptable to us, but I do need some assurance from you on behalf of the owners that this is acceptable to you and them as well. An e-mail response is fine. Once you reply, we will schedule this again for the Board, which will allow us to continue to completion of the subdivision process. Thank you. Brad Mueller Weld County Planning This email has been scanned by the MessageLabs Email Security System. For more information please visit http://www.messagelabs.com/email This email has been scanned by the MessageLabs Email Security System. For more information please visit http://www.messagelabs.com/email 07/12/2006 f Weld County Planning Department GREELEY OFFICE RE: Collateral for PF #1093 (Sage Hill) JUN X 9 2006 RECEIVED Brad: I am returning this file to you because it is not ready to go before the Board of County Commissioners at this time. We need to have an Irrevocable Letter of Credit from the bank; the letters stating arrangements have been made, will not suffice. Yesterday, I e-mailed you and several others in the Departments of Planning and Public Works, a sample of an Irrevocable Letter of Credit authorized by the County Attorney, that the Bank can use when issuing the document. Perhaps you could e-mail a copy of it to them. The Adams Bank and Trust has listed two amounts, $311,200.00 and $19,400,which do not equal the amount(s) shown on Exhibit A of the Improvements Agreement. The amount(s) listed on the Exhibit and the amount that is listed on the Letter of Credit should be the same. If you have any other questions, you can contact me at Extension 4227. Thanks, Donna Bechler Deputy Clerk to the Board Memorandum TO: Clerk to the Board Office Ink Board of County Commissioners DATE: June 5, 2006 COLORADO FROM: Brad Mueller, Assistant Director Department of Planning Services RE: Acceptance of Collateral and Improvements Agreement for PF-1093 (Sage Hill) On May 31,2006 the Department of Planning Services received evidence of collateral in the form of a Letter of Credit (option No. 1) in the amount of ($311,200.00)for PF-1093 (Sage Hill), covering items outlined in Exhibit A of the attached executed Improvements Agreement. The improvements agreement and collateral has been reviewed by the Departments of Planning Services and Public Works and it has been determined that the amount of collateral is sufficient to cover the proposed improvements. The Departments of Planning Services and Public Works recommend acceptance of this collateral and the attached Improvements Agreement and request scheduling with the Board. 1 Page 1 of 1 Brad Mueller From: Drew Scheltinga Sent: Tuesday, June 27, 2006 9:28 AM To: Brad Mueller; Frank Piacentino; Roger Vigil Cc: Brian Varrella; Peter Schei Subject: RE: Sage Hill PF-1093 Gentlemen I have checked with Brian Varrella in our office and Public Works has received certified construction drawings and approved the Drainage, Grading and Storm Water Management Plan. We have the three required "wet sets", dated 5-18-06, in our office and do not need any more copies. I apologize for any delay in notifying planning of Public Works' plan approval. There was a question regarding a pipe size in the "wet set" that was submitted on 5-18-06. That has been resolved. Public Works has no further requirements for the issuance of a grading permit. Drew Scheltinga, P. E. Weld County Public Works Department 1111 H Street P. O. Box 758 Greeley, CO 80632 970-356-4000 X3750 dscheltiogaco.weld.co.us From: Brad Mueller Sent: Monday, June 26, 2006 4:38 PM To: Frank Piacentino; Roger Vigil; Drew Scheltinga Subject: RE: Sage Hill PF-1093 Drew, I received a memo from you to Sheri dated May 11, 2006, indicating that the IA was accepted for Sage Hill. The developers are wanting to start the grading. Have they also completed or gotten approval on these other items that Frank identified? Thank you for your help and clarification. I'll be happy to contact the owners if they are short some requrirements. Brad From: Frank Piacentino Sent: Monday, June 26, 2006 4:11 PM To: Roger Vigil Cc: Brad Mueller Subject: Sage Hill PF-1093 Roger, We will need approval from PW,before I can release a grading permit , They need to approve the SWAMP.and drainage plan Frank 06/27/2006 PF-1093, Sage Hill Page 1 of 1 Brad Mueller From: Halopoff, Timothy [THalopoff@JREngineering.com] Sent: Monday, June 26, 2006 3:50 PM To: Brad Mueller Cc: ritchell@co.weld.co.us; glhugh@glhconstruction.com; kheuer@connellresources.com; sjoy@fcgov.com Subject: PF-1093, Sage Hill Brad, I received your voicemail regarding the confusion on the Letter of Credit Forms between Dale Tanaka and the County. I personally guarantee that we are in possession of the funds backing the letters of credit and that the resolution to this simple misunderstanding is soon to be resolved by your lawyer and our bank. I believe that Mr. Morrison's recent ailment and someone else stepping in midway had a little to do with the miscommunication, but Mr. Morrison's return to health is the important thing. That being said, per your message, I understand that an early grading permit will be supported by you and is a fairly common occurrence. Therefore, our general contractor Greg Hughes with GLH or his agent will contact You and Roger Mitchell, Chief Building Inspector soon. I believe that we would like to pull the grading permit on Tuesday, June 27, but I will leave that to the constructors. I sincerely appreciate your effort to keep us on schedule and look forward to conducting future business together. Warm regards, Timothy J. Halopoff, P.E. Lead Project Engineer JR ENGINEERING A A4 FS IRIAN 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(ahjreng ineerinq.com> 06/26/2006 Page 1 of 1 Brad Mueller From: Roger Vigil Sent: Monday, June 26, 2006 3:59 PM To: Brad Mueller Subject: RE: Sage Hill PF-1093 --early grading permit Thanks, I will pass this on to front staff and plans examiners. From: Brad Mueller Sent: Monday, June 26, 2006 3:00 PM To: Roger Vigil Cc: Brad Mueller Subject: Sage Hill PF-1093 --early grading permit Roger, As we discussed, the Letter of Credit has been received for this subdivision, but we are working through the correct formatting and scheduling with the Board. Sheri had indicated that, other than the LOC, this site is approved for construction and, as such, any request for an early grading permit can be supported. Please let me know if there are any questions or concerns. Brad 06/26/2006 Page 1 of 4 Brad Mueller From: Brad Mueller Sent: Thursday, June 22, 2006 12:25 PM To: dtanaka@ABTBank.com Cc: Brad Mueller Subject: FW: Sage Hill PF-1093 Attachments: Letter of Credit.doc Mr. Tanaka, Please see correspondance below concerning the surety arrangments made in conjunction with the Sage Hill subdivision proposal within Weld County. As you see, the information we received does not satisfy the requirements for collateral. Please advise us on the owner's course of action; until that time,we will continue to hold recordation of the final plat. Brad Mueller Weld County Planning Services 970-353-6100 x3572 From: Brad Mueller Sent: Thursday, June 22, 2006 12:22 PM To: 'Halopoff, Timothy' Subject: RE: Sage Hill PF-1093 Tim, I have learned that the Improvements Agreement was not accepted by the Board's office, because the bank letters we received were not Letters of Credit (they only indicate "arrangements have been made"),and because the amounts did not match the$270,589.85 indicated and approved by Public Works in the Improvement Agreement document. The plat cannot be recorded until the IA is accepted first. I am attempting to contact the bank (Adams Band & Trust) about the problems, but your owner may want to follow up, too. Attached is a sample Letter of Credit that we would accept. Thank you, Brad Mueller Weld County Planning From: Halopoff,Timothy [mailto:THalopoff@JREngineering.com] Sent: Thursday, June 22, 2006 8:35 AM To: Brad Mueller Cc: sjoy@fcgov.com Subject: RE: Sage Hill PF-1093 Brad, 06/22/2006 Page 2 of 4 Thanks for the response. I hope the learning curve since sheri has left is beginning to straighten out. My understanding is that you were to send the Agreement Concerning Collateral along with the Final Plat to be reviewed and signed by the Board of County Commissioners. Your E-mail on May 31 said that all was square and that you'd be sending the documents to the BCC for approval, signatures and recording. I am close to beginning construction and need to swing by the Weld Recorders office for a copy of the Final Plat. Do you know the status yet? Please, advise. Warm regards, Tim Halopoff Original Message From: Brad Mueller [mailto:bmueller@co.weld.co.us] Sent: Wednesday, June 21, 2006 9:09 PM To: Halopoff, Timothy Cc: Brad Mueller Subject: RE: Sage Hill PF-1093 Tim, Got your call, too --sorry we've had problems connecting on this. Still recovering (?)from Sheri's leaving . I thought we had discussed that the Improvements Agreement needed approving. I have sent over, but need to check again. Let me do more digging and let you know. Brad From: Halopoff, Timothy [mailto:THalopoff@JREngineering.com] Sent: Monday, June 12, 2006 9:26 AM To: Brad Mueller Subject: RE: Sage Hill PF-1093 Brad, I wanted to check back with you to see where we stand in the recording process. Has Sage Hill been to the Board for approval? If not, when will it be before them? Thanks for your help. Warm regards, Tim Halopoff Original Message From: Brad Mueller [mailto:bmueller@co.weld.co.us] Sent: Wednesday, May 31, 2006 5:36 PM To: Halopoff, Timothy Subject: RE: Sage Hill PF-1093 I think all is square -- I'm working to get this to the BCC. B. From: Halopoff, Timothy [mailto:THalopoff@JREngineering.com] 06/22/2006 Page 3 of 4 Sent: Wednesday, May 31, 2006 3:13 PM To: Brad Mueller Cc: stjoy@yahoo.com Subject: RE: Sage Hill PF-1093 Brad, Thank you for letting me know that you have the mylar. I only had one fingernail left to chew on. Adams Bank and Trust forwarded you their commitment for a Weld County Letter of Credit today, so that takes care of the collateral issue. As far as the mineral and gas rights purchase deeded to the HOA, Sheri and I agreed that the rights cannot be deeded until the HOA doc's are recorded, otherwise, there is nothing on record to deed them to. The HOA doc's get recorded with the plat and as a side note, the recording fees have already been dropped off for both the HOA doc's and the Plat. In order to put the requirement of deeding the mineral and gas rights in the proper order, Sheri began making this requirement due before the release of the collateral by the county, following construction. I have attached the E-mail that she wrote on this issue(Please see line item 1.H.) . We wholly intend to deed the rights to the HOA as soon as the HOA doc's are recorded in the next few weeks. Thank you for asking about that. That being said, I believe that Sage Hill is complete and ready to be approved by the Commissioners and recorded. I trust that you will schedule the hearing and deliver the Plat and HOA doc's to the proper hands for signatures and recordation. Is there anything else that I need to do, attend the hearing or anything? I deeply appreciate your ability to wrap this up having only a week or so to become familiar with the project. Thanks again and please do not hesitate to contact me if there is anything that I can do. Respectfully, Timothy J. Halopoff, P.E. Lead Project Engineer JR ENGINEERING A WES ERIAV COM rANk 2620 E. Prospect Road, Suite 190 Ft. Collins,CO 80525 W:970.49I.9888 C:970.980.8329 F:970.491.9984 <mailto:thalopoffAirenq ineering.com> Original Message From: Brad Mueller [mailto:bmueller@co.weld.co.us] Sent: Wednesday, May 31, 2006 2:32 PM To: Halopoff, Timothy Subject: FW: Sage Hill PF-1093 From: Brad Mueller Sent: Wednesday, May 31, 2006 2:31 PM To: Tim Halopoff Subject: RE: Sage Hill PF-1093 Tim, 06/22/2006 Page 4 of 4 I got your call. I do have posession of the signed mylar. I will be the person holding it prior to recordation. It will be recorded after the Improvements Agreement is approved by the Board. I will send over the request to schedule this with the Board after getting the collateral information from you tomorrow. They will then hear it within a week or two. The only other outstanding item I could see was the evidence that hte mineral right purchases from Anadarko had been deeded to the HOA. Can you comment on that please? Thanks for your help. Brad From: Tim Halopoff[mailto:thalopoff@yahoo.com] Sent: Tuesday, May 30, 2006 10:14 AM To: Brad Mueller Cc: sjoy@fcgov.com Subject: Fwd: Sage Hill PF-1093 Brad, As discussed, Sheri was waiting to record the final plat that we dropped off to her last Tuesday, until we E-mailed her our finalized water service agreement (attached) and collateral guarantee from Adams Bank & Trust(I will E-mail to you on Thursday). Sheri was the one who normally retrieved the signatures from the Planning Commission and Board of Commissioners. Then she would have Clerk to the board record the plat and send me a copy. Please, let me know that you have the signed mylar as they are very valuable. Thank you. Tim Halopoff Note: forwarded message attached. Sneak preview the all-new Yahoo.com. It's not radically different. Just radically better. 06/22/2006 Page 1 of 4 Brad Mueller From: Brad Mueller Sent: Thursday, June 22, 2006 12:22 PM To: 'Halopoff, Timothy' Subject: RE: Sage Hill PF-1093 Attachments: Letter of Credit.doc Tim, I have learned that the Improvements Agreement was not accepted by the Board's office, because the bank letters we received were not Letters of Credit(they only indicate "arrangements have been made"), and because the amounts did not match the $270,589.85 indicated and approved by Public Works in the Improvement Agreement document. The plat cannot be recorded until the IA is accepted first. I am attempting to contact the bank(Adams Band &Trust) about the problems, but your owner may want to follow up, too. Attached is a sample Letter of Credit that we would accept. Thank you, Brad Mueller Weld County Planning From: Halopoff, Timothy [mailto:THalopoff@JREngineering.com] Sent: Thursday, June 22, 2006 8:35 AM To: Brad Mueller Cc: sjoy@fcgov.com Subject: RE: Sage Hill PF-1093 Brad, Thanks for the response. I hope the learning curve since sheri has left is beginning to straighten out. My understanding is that you were to send the Agreement Concerning Collateral along with the Final Plat to be reviewed and signed by the Board of County Commissioners. Your E-mail on May 31 said that all was square and that you'd be sending the documents to the BCC for approval, signatures and recording. I am close to beginning construction and need to swing by the Weld Recorders office for a copy of the Final Plat. Do you know the status yet? Please, advise. Warm regards, Tim Halopoff Original Message From: Brad Mueller [mailto:bmueller@co.weld.co.us] Sent: Wednesday, June 21, 2006 9:09 PM To: Halopoff, Timothy Cc: Brad Mueller Subject: RE: Sage Hill PF-1093 Tim, Got your call, too -- sorry we've had problems connecting on this. Still recovering (?)from Sheri's leaving . 06/22/2006 Page 2 of 4 I thought we had discussed that the Improvements Agreement needed approving. I have sent over, but need to check again. Let me do more digging and let you know. Brad From: Halopoff, Timothy [mailto:THalopoff@JREngineering.com] Sent: Monday, June 12, 2006 9:26 AM To: Brad Mueller Subject: RE: Sage Hill PF-1093 Brad, I wanted to check back with you to see where we stand in the recording process. Has Sage Hill been to the Board for approval? If not, when will it be before them? Thanks for your help. Warm regards, Tim Halopoff Original Message From: Brad Mueller [mailto:bmueller@co.weld.co.us] Sent: Wednesday, May 31, 2006 5:36 PM To: Halopoff, Timothy Subject: RE: Sage Hill PF-1093 I think all is square-- I'm working to get this to the BCC. B. From: Halopoff,Timothy [mailto:THalopoff@JREngineering.com] Sent: Wednesday, May 31, 2006 3:13 PM To: Brad Mueller Cc: stjoy@yahoo.com Subject: RE: Sage Hill PF-1093 Brad, Thank you for letting me know that you have the mylar. I only had one fingernail left to chew on. Adams Bank and Trust forwarded you their commitment for a Weld County Letter of Credit today, so that takes care of the collateral issue. As far as the mineral and gas rights purchase deeded to the HOA, Sheri and I agreed that the rights cannot be deeded until the HOA doc's are recorded, otherwise, there is nothing on record to deed them to. The HOA doc's get recorded with the plat and as a side note, the recording fees have already been dropped off for both the HOA doc's and the Plat. In order to put the requirement of deeding the mineral and gas rights in the proper order, Sheri began making this requirement due before the release of the collateral by the county, following construction. I have attached the E-mail that she wrote on this issue(Please see line item 1.H.) . We wholly intend to deed the rights to the HOA as soon as the HOA doc's are recorded in the next few weeks. Thank you for asking about that. That being said, I believe that Sage Hill is complete and ready to be approved by the Commissioners and recorded. I trust that you will schedule the hearing and deliver the Plat and HOA doc's to the proper hands for signatures and recordation. Is there anything else that I need to do, attend the hearing or anything? I deeply appreciate your ability to wrap this up having only a 06/22/2006 Page 3 of 4 week or so to become familiar with the project. Thanks again and please do not hesitate to contact me if there is anything that I can do. Respectfully, Timothy J. Halopoff, P.E. Lead Project Engineer JR ENGINEERING A WES[AL N,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(aflrengineerinq.com> Original Message From: Brad Mueller [mailto:bmueller@co.weld.co.us] Sent: Wednesday, May 31, 2006 2:32 PM To: Halopoff, Timothy Subject: FW: Sage Hill PF-1093 From: Brad Mueller Sent: Wednesday, May 31, 2006 2:31 PM To: Tim Halopoff Subject: RE: Sage Hill PF-1093 Tim, I got your call. I do have posession of the signed mylar. I will be the person holding it prior to recordation. It will be recorded after the Improvements Agreement is approved by the Board. I will send over the request to schedule this with the Board after getting the collateral information from you tomorrow. They will then hear it within a week or two. The only other outstanding item I could see was the evidence that hte mineral right purchases from Anadarko had been deeded to the HOA. Can you comment on that please? Thanks for your help. Brad From: Tim Halopoff [mailto:thalopoff@yahoo.com] Sent: Tuesday, May 30, 2006 10:14 AM To: Brad Mueller Cc: sjoy@fcgov.com Subject: Fwd: Sage Hill PF-1093 Brad, 06/22/2006 Page 4 of 4 As discussed, Sheri was waiting to record the final plat that we dropped off to her last Tuesday, until we E-mailed her our finalized water service agreement (attached) and collateral guarantee from Adams Bank & Trust(I will E-mail to you on Thursday). Sheri was the one who normally retrieved the signatures from the Planning Commission and Board of Commissioners. Then she would have Clerk to the board record the plat and send me a copy. Please, let me know that you have the signed mylar as they are very valuable. Thank you. Tim Halopoff Note: forwarded message attached. Sneak preview the all-new Yahoo.com. It's not radically different. Just radically better. 06/22/2006 Page 1 of 3 Brad Mueller From: Brad Mueller Sent: Wednesday, June 21, 2006 9:09 PM To: Halopoff, Timothy Cc: Brad Mueller Subject: RE: Sage Hill PF-1093 Tim, Got your call, too -- sorry we've had problems connecting on this. Still recovering (?)from Sheri's leaving . . . I thought we had discussed that the Improvements Agreement needed approving. I have sent over, but need to check again. Let me do more digging and let you know. Brad From: Halopoff, Timothy [mailto:THalopoff@JREngineering.com] Sent: Monday, June 12, 2006 9:26 AM To: Brad Mueller Subject: RE: Sage Hill PF-1093 Brad, I wanted to check back with you to see where we stand in the recording process. Has Sage Hill been to the Board for approval? If not, when will it be before them? Thanks for your help. Warm regards, Tim Halopoff Original Message From: Brad Mueller [mailto:bmueller@co.weld.co.us] Sent: Wednesday, May 31, 2006 5:36 PM To: Halopoff, Timothy Subject: RE: Sage Hill PF-1093 I think all is square -- I'm working to get this to the BCC. B. From: Halopoff, Timothy [mailto:THalopoff@JREngineering.com] Sent: Wednesday, May 31, 2006 3:13 PM To: Brad Mueller Cc: stjoy@yahoo.com Subject: RE: Sage Hill PF-1093 Brad, Thank you for letting me know that you have the mylar. I only had one fingernail left to chew on. Adams Bank and Trust forwarded you their commitment for a Weld County Letter of Credit today, so that takes 06/21/2006 Page 2 of 3 • care of the collateral issue. As far as the mineral and gas rights purchase deeded to the HOA, Sheri and I agreed that the rights cannot be deeded until the HOA does are recorded, otherwise, there is nothing on record to deed them to. The HOA doc's get recorded with the plat and as a side note, the recording fees have already been dropped off for both the HOA does and the Plat. In order to put the requirement of deeding the mineral and gas rights in the proper order, Sheri began making this requirement due before the release of the collateral by the county, following construction. I have attached the E-mail that she wrote on this issue(Please see line item 1.H.) . We wholly intend to deed the rights to the HOA as soon as the HOA dot's are recorded in the next few weeks. Thank you for asking about that. That being said, I believe that Sage Hill is complete and ready to be approved by the Commissioners and recorded. I trust that you will schedule the hearing and deliver the Plat and HOA dot's to the proper hands for signatures and recordation. Is there anything else that I need to do, attend the hearing or anything? I deeply appreciate your ability to wrap this up having only a week or so to become familiar with the project. Thanks again and please do not hesitate to contact me if there is anything that I can do. Respectfully, Timothy J. Halopoff, P.E. Lead Project Engineer JR ENGINEERING ANF til RIitYct>imaN% 2620 E. Prospect Road,Suite 190 Ft. Collins,CO 80525 W:970.491.9888 C:970.980.8329 F:970.491.9984 <mailto:thalopoff@yengineering.com> Original Message From: Brad Mueller [mailto:bmueller@co.weld.co.us] Sent: Wednesday, May 31, 2006 2:32 PM To: Halopoff,Timothy Subject: FW: Sage Hill PF-1093 From: Brad Mueller Sent: Wednesday, May 31, 2006 2:31 PM To: 'Tim Halopoff Subject: RE: Sage Hill PF-1093 Tim, I got your call. I do have posession of the signed mylar. I will be the person holding it prior to recordation. It will be recorded after the Improvements Agreement is approved by the Board. I will send over the request to schedule this with the Board after getting the collateral information from you tomorrow. They will then hear it within a week or two. The only other outstanding item I could see was the evidence that hte mineral right purchases from Anadarko had been deeded to the HOA. Can you comment on that please? Thanks for your help. Brad 06/21/2006 Page 3 of 3 From: Tim Halopoff [mailto:thalopoff@yahoo.com] Sent: Tuesday, May 30, 2006 10:14 AM To: Brad Mueller Cc: sjoy@fcgov.com Subject: Fwd: Sage Hill PF-1093 Brad, As discussed, Sheri was waiting to record the final plat that we dropped off to her last Tuesday, until we E-mailed her our finalized water service agreement (attached) and collateral guarantee from Adams Bank & Trust(I will E-mail to you on Thursday). Sheri was the one who normally retrieved the signatures from the Planning Commission and Board of Commissioners. Then she would have Clerk to the board record the plat and send me a copy. Please, let me know that you have the signed mylar as they are very valuable. Thank you. Tim Halopoff Note: forwarded message attached. Sneak preview the all-new Yahoo.com. It's not radically different. Just radically better. 06/21/2006 a ADAMS MAK&TRUST 4, P.O. Box 790 Phone No. (303)833-3575 8308 Colorado Blvd. Fax No. (303)833-2796 Firestone, CO 80520 May 31, 2006 Weld County Planning Department GRtuy EY OFFICE Brad Mueller JUN X 2 2006 Weld County Department of Planning 918 10`h Street RECEIVED Greeley Colorado 80631 Dear Mr. Mueller: Sage Hill Inc. has made arrangements with Adams Bank and Trust to issue a $311,200.00 (Three-Hundred Eleven Thousand Two-Hundred Dollars and No/100) Letter of Credit for the benefit of The Board of County Commissioners of Weld County Colorado. If you have any questions, comments or concerns, please call me at 303-833-3575, email me at Dtanaka@ABTBank.com or write me at the address above. Sincerely, /12 ‘g. Dale Tanaka Vice President a ADAMS BANK&TRUST P.O. Box 790 Phone No. (303)833-3575 8308 Colorado Blvd. Fax No. (303)833-2796 Firestone, CO 80520 May 31, 2006 Alan Overton North Weld County Water District 33247 Highway 85 Lucerne Colorado 80646 Dear Mr. Overton: Sage Hill Inc. has made arrangements with Adams Bank and Trust to issue a $19,400 (Nineteen-Thousand Four-Hundred Dollars and No/100) Letter of Credit for the benefit of North Weld County Water District. If you have any questions, comments or concerns, please call me at 303-833-3575, email me at Dtanaka4i)ABTBank.com or write me at the address above. Sincerely, Cla‘-441/4 Cr Dale Tanaka Vice President Page 1 of 2 Sheri Lockman From: Sheri Lockman Sent: Tuesday, May 09, 2006 9:51 AM To: 'Halopoff, Timothy' Subject: Sage Hill Good morning Tim. I took a look at the information submitted for PF-1093. I put a red lined copy of the plat and a copy of the improvements agreement in the mail. Here is a list of the conditions that still need to be addressed. Let me know if you have any questions. r- 1.A-The applicant shall amend the Improvements Agreement According to Policy Regarding Collateral for �,`klmprovements to include the development sign, pedestrian shelter, postal boxes, landscaping and fencing. Should 4 the applicant desire to construct the road to county standards and have it accepted for maintenance by the County, a revised Improvements Agreement for Public Road Maintenance shall be submitted. This agreement shall be reviewed by County Staff and accepted by the Board of County Commissioners. Our office has approved the agreement with the understanding that Landscaping includes the shelter and postal boxes. I forwarded a copy of the agreement to Public Works for their review/approval. We still need collateral. The following still need to be addressed: 1.B. -The Restrictive Covenants shall be amended as follows: 1) Weld County will not maintain drainage facilities, retention pond, landscaping or open spaces. The draft of the covenants that establishes the Homeowners Association (HOA) refers to "Common Element" and section 2.8 0 refers to Exhibit"A", which is not attached. It shall be clarified in the covenants what the Common Elements are and that the HOA is responsible for maintenance. 2) "Weld County's Right to Farm" as provided in Appendix 22-E of the Weld County Code shall be included in the covenants. 4- 3) Sections 9.4, 9.5, 15.1 and Section 3 of Use Restriction relate to utility easements. The Sections shall be amended to be consistent with and limited to those easements shown on the final plat. A'. 4) The covenants shall reference the final plat name along with a space to include the recording information. 1.C.The applicant shall submit to the Department of Planning Services the appropriate fee ($6 for the first page and $5 for all others) for recording the Restrictive Covenants in the Office of the Clerk and Recorder. 1.D -The applicant shall submit written evidence to the Department of Planning Services indicating that all Weld County Department of Public Works concerns have been addressed. \'� 1.E -The applicant shall submit evidence to the Department of Planning Services that the required School District „m,6' cash-in-lieu of land dedication fee has been paid. 1.G -The applicant shall submit a copy of a finalized Water Service Agreement between the applicant and North Weld County Water District for service to the PUD. 1.J -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 ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files format type is .e00. The preferred format for Images is .tif(Group 4). (Group 6 is not acceptable). 05/09/2006 Page 2 of 2 1.H -The applicant shall submit evidence that the mineral rights purchased from Andarko have been deeded to the Homeowners Association. - ok with the understanding that the minerals shall be deeded to the HOA prior to the release of collateral. 05/09/2006 Page 1 of 1 Sheri Lockman From: Drew Scheltinga Sent: Friday, May 12, 2006 10:48 AM To: Sheri Lockman Cc: THalopoff@JREngineering.com; Peter Schei; Brian Varrella Subject: PF-1093 Sage Hill Final Plat Sheri I have reviewed the changes made by J R Engineering on the plans and final plat in response to my review of 2/21/06. All changes have been made with the exception of two minor items on the final plat. This morning I had a telephone conversation with Tim Halopoff about the final plat items and he agreed to make the changes. The items were calling out the North Line of Section 5 and revising the dimension of 31.46' at the northeast corner of the plat. I do not require any further review. Drainage issues are still being worked out between Tim Halopoff and Brian Varrella. Drew Scheltinga, P. E. Weld County Public Works Department 1111 H Street P. O. Box 758 Greeley, CO 80632 970-356-4000 X3750 dscheltinga@co.weld.co.us 05/12/2006 Page 1 of 1 Sheri Lockman From: Halopoff, Timothy [THalopoff@JREngineering.com] Sent: Friday, May 12, 2006 11:04 AM To: Drew Scheltinga; Sheri Lockman Cc: Peter Schei; Brian Varrella Subject: RE: PF-1093 Sage Hill Final Plat Drew, Thanks for your review. We are adding the call out on the north line (the center line of WCR 86) as the North Line of NW corner of section 5. Also, the 31.46' plus the 2.24' equal the 33.70'. My surveyor will add a blowup of that corner (similar to that of Tract B)to more clearly display the linework in that vicinity. Thanks again! Warm regards, Tim Original Message From: Drew Scheltinga [mailto:dscheltinga@co.weld.co.us] Sent: Friday, May 12, 2006 10:48 AM To: Sheri Lockman Cc: Halopoff, Timothy; Peter Schei; Brian Varrella Subject: PF-1093 Sage Hill Final Plat Sheri I have reviewed the changes made by J R Engineering on the plans and final plat in response to my review of 2/21/06. All changes have been made with the exception of two minor items on the final plat. This morning I had a telephone conversation with Tim Halopoff about the final plat items and he agreed to make the changes. The items were calling out the North Line of Section 5 and revising the dimension of 31.46' at the northeast corner of the plat. I do not require any further review. Drainage issues are still being worked out between Tim Halopoff and Brian Varrella. Drew Scheltinga, P. E. Weld County Public Works Department 1111 H Street P. O. Box 758 Greeley, CO 80632 970-356-4000 X3750 dscheltingaco.weld.co.us 05/12/2006 a ADAMS HANK&TRUST P.O. Box 790 Phone No. (303)833-3575 8308 Colorado Blvd. Fax No. (303)833-2796 Firestone, CO 80520 May 31, 2006 Brad Mueller Weld County Department of Planning 918 10`h Street Greeley Colorado 80631 Dear Mr. Mueller: Sage Hill Inc. has made arrangements with Adams Bank and Trust to issue a $311,200.00 (Three-Hundred Eleven Thousand Two-Hundred Dollars and No/100) Letter of Credit for the benefit of The Board of County Commissioners of Weld County Colorado. If you have any questions, comments or concerns, please call me at 303-833-3575. email me at Dtanaka@;'.ABTBank.com or write me at the address above. Sincerely, hl #1 Dale Tanaka Vice President ADAMS BANK&TRUST P.O. Box 790 Phone No. (303)833.3575 8308 Colorado Blvd. Fax No. (303)833.2796 Firestone, CO 80520 May 31, 2006 Alan Overton North Weld County Water District 33247 Highway 85 Lucerne Colorado 80646 Dear Mr. Overton: Sage Hill Inc. has made arrangements with Adams Bank and Trust to issue a S19,400 (Nineteen-Thousand Four-Hundred Dollars and No/100) Letter of Credit for the benefit of North Weld County Water District. If you have any questions, comments or concerns, please call me at 303-833-3575, email me at Dtanaka n ABTBank.com or write me at the address above. Sincerely, Dale Tanaka Vice President 05/26/2006 1B:16 970-395-0997 NORTH WELD WATER PAGE 01 WATER SERVICE AGREEMENT (SAGE HILL PUD -SINGLE SYSTEM) THIS AGREEMENT is made and entered into as of the tz'd day of y, , 20 0L, by and between the North Weld County Water District, acting by and throigh the North Weld County Water District Enterprise (hereinafter"District") and Same klill. LLC, (hereinafter"Developer), of Sage Hill PUD, (hereinafter"Development"). "-feats E tryv+ '/6n4-&S 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 Sage Hill PUD, located in the Northwest Quarter'/.(NW1/4)of Section 5,Township 7 North, Range 67 West of the 6th Principal Meridian, State of Colorado, County of Weld,further described as Lot A of Recorded Exemption 3840;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 system,which interruption or reductions are temporary, and in the sole opinion of the District, if necessary. PASubP:\tubdivu dfs: 1Z' wvs\P mg subdivisions Under 2 Ynisege PUD(Eagle Ridge Esetea5.747)\WSA 2(05-10-0n)doc I of 7 05/26/2006 10:16 970-395-0997 NORTH WELD WATER PAGE 02 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: -T,Tit P:\SuOdivialona\Pending SubdMabna under 2 tra\Sage PUD(Eagle Ridge E.tatn5-7-67)1WSA_2(O5-10-06).doc Page 2 of'7 05/26/2006 10:16 970-395-0997 NORTH WELD WATER PAGE 03 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$1,840.00. A portion of this payment determined to be$180.°°of said Fee has been paid by the Developer on March 29, 2005 and the remainder $1,660.m 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 the WCR 15 Right-Of Way and an isolation valve into the Development. The District has estimated the total cost of such construction to be$101,950.00. 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$39,310.00. A portion of this payment determined to be$6,7759°of said Fee shall be paid by the Developer and payment shall be made upon execution of this Agreement and the remainder$32,535.00 of said Fee be made prior to commencement of construction of Water Lines that will Initials: -]1i4 PASubdivisions\Pending Subdivisions Under 2 Yn\Sege PUD(Eagle Ridge Esteros5-7-67)\WSA 2(05-10-06).doc 3 of 7 05/26/2006 10:16 970-395-0997 NORTH WELD WATER PAGE 04 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 TS1-I PASubdivisione'Pending SubdMsbns Under 2 Yrcl5ege P Eagle Ridge Estates5-747)iwSA_2(D5.10.DC).dec Page 4 of 7 05/26/2006 10:16 970-395-0997 NORTH kELD WATER PAGE 05 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, ff 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. tnitials: TcT I P\SubdivislonNending Subdivisions Under 2 Yrs PUD(Engle Ridge YrWcs5-]L-9WSA 2(05.10-06).doc 5 of 7 05/26/2006 10:16 97B-395-0997 NORTH WELD WATER PAGE 06 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 Sage Hill PUD. Neither the Developer nor any Lot Owner will construct, install or use a secondary or alternative water system within Sage Hill 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 Zz^!I day of , 20p-I,this Agreement can then be terminated by Developer and the same shtaie 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: Ta-t! P:1SubdRislonslPending Subdivisions Under 2 YrulSsgs PUD(Seger Ridge Esfues5-787)1WSA_2(o5 10-os).doc Page 6 of 7 05/26/2006 10:16 970-395-0997 NORTH WELD WATER PAGE 07 IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written. DEVELOPER: 5We By: Tnera a, ft.Acopaff- By: .�.� Mar a6,". MEn+.s5�c. MMIa'•E1,s net 6mbet_ DISTRICT: ATTEST: NORTH WELD COUNTY WATER DISTRICT By: ry President ad STATE OF COLORADO COUNTY OF La-Iwo— )ss. T e foregoing instrument was acknowledged before me this1 of Developert� 20,, by ttete „,� ..e, i �'c+n d�%AN , Witness my hand and official seal. � 'T [Y` My commission expires: Na.\a,J.Ip$ Notary Public STATE OF COLORADO ) ) Ss. COUNTY OF WELD The foregoing instrument was acknowledged before me this itd day of 20 0c , by as �'`�"Au: President and Ter,SH :. as Secretary of North Weld County Water District. Witness my hand and official seal. o•il'l u,,,, p`Poi D. /go 1420 My commission expires: lo-.q-2o- 8 �'..` .'..O,txOtAPUBUO ;QO a Notary Public %,,Op cotovo. ///tfiril IMO Initials: -)"T}{ P:\Subdirhlon.\Pending Subdivision,Under 2 Yrs\San MD(Eagle Ridge E.ndes5-7-67)1WSA„2(O$-10-06).doe 7 of 7 Page 1of3 Sheri Lockman From: Charles Cuypers[CJCuypers@WVC-Law.corn] Sent: Wednesday, May 17, 2006 3:31 PM To: Tim Halopoff; Susan Joy (E-mail) Subject: RE: Sage Hill Covenants Attachments: Declaration of Covenants Draft 5-17-06.doc Attached is the revised draft of the C,C&R's that takes into account the comments of various Weld County staff. Please note several items: 1. Please do not attach the design guidelines. The design guidelines are adopted by the Executive Board for the development, but are not recorded. The design guidelines are authorized by the C,C&R's. but are not part of the C,C&R's. Design guidelines change from time to time, so they are subject to ongoing revisions. Generally county staff does not review or comment on design guidelines. 2. The legal descriptions of the Sage Hill P.U.D. and the common element have been added to Exhibits A and B respectively. Sheri advised me that Sage Hill P.U.D. is the preferred form of reference for this project. 3. Specific language has been added in all caps in section 18.2 that Weld County will not maintain or repair drainage facilities, retention ponds, landscaping, or open spaces to comply with county comment#1. Section 5.3 states with absolute clarity that the association is responsible for the common element already. See county comment 1, also. 4. Weld County Right to Farm policy is now added by means of new section 18.11 and Exhibit C which states the v.-- policy verbatim. 5. In county comment#3, the county attorney objected to sections 9.4, 9.5, and 15.1 because the declarant or association had authority to create new easements and by that means could amend the declaration. Given the small amount of common element in this project, this isn't an issue worth discussing. The sections are revised to eliminate specific authority to create new easements. The easements show on the final plat are the only easements allowed on the common element. 6. Regarding county comment#4, the C,C&R's now state the final plat name repeatedly. The recitals on the first page and section 2.34 provide two places for inserting the reception number of the final plat when it is recorded. Do not overlook these when the final plat and the C,C&R's are recorded. 7. Please forward this revised draft to Sheri Lochman before signing and heading to Greeley. Sheri indicated that she will send out the revised document to various departments to check on our revisions. 8. You should check the spacing and formatting before printing this because I noted some formatting problems v' when the document came back from you. Once the C,C&R's are final and recorded,we will attach a correct table of contents and prepare binders with t, deliverables. Charles J. Cuypers Wolfe,Van Ackern & Cuypers LLP 1008 Centre Ave. Fort Collins, Colorado 80526 (970)493-8787 (970)493-8788-fax 05/17/2006 Page 2 of 3 Circular 230 Disclosure: To ensure compliance with Treasury Department regulations,we inform you that,unless specifically indicated otherwise,any tax advice contained in this message,including any attachments,was not intended or written to be used,and cannot be used,for the purpose of(i)avoiding penalties under the Internal Revenue Code or applicable state or local tax law provisions or(ii)promoting,marketing or recommending to another party any transaction or matter addressed herein. This email message from the law firm of Wolfe,Van Ackern&Cuypers LLP is for the sole use of the intended recipient(s) and may contain confidential and privileged information.Any unauthorized review,use,disclosure or distribution is prohibited. If you are not the intended recipient,please contact the sender by reply email and destroy all copies of the original message. Original Message From: Tim Halopoff[mailto:thalopoff@yahoo.com] Sent: Wednesday, May 17, 2006 2:32 PM To: Charles Cuypers Subject: RE: Sage Hill Covenants Thanks for the update. Tim Charles Cuypers <CJCuypers@WVC-Law.com>wrote: I am working on the C,C&R's this afternoon. The changes requested by the Weld County Attorney have turned out to be rather extensive, so it may be mid-afternoon before I am completed. Charles J. Cuypers Wolfe, Van Ackern & Cuypers LLP 1008 Centre Ave. Fort Collins, Colorado 80526 (970)493-8787 (970)493-8788 -fax Circular 230 Disclosure: To ensure compliance with Treasury Department regulations,we inform you that,unless specifically indicated otherwise,any tax advice contained in this message,including any attachments,was not intended or written to be used, and cannot be used,for the purpose of(i) avoiding penalties under the Internal Revenue Code or applicable state or local tax law provisions or (ii)promoting,marketing or recommending to another party any transaction or matter addressed herein. This email message from the law firm of Wolfe,Van Ackern&Cuypers LLP is for the sole use of the intended recipient(s)and may contain confidential and privileged information. Any unauthorized review,use,disclosure or distribution is prohibited. If you are not the intended recipient,please contact the sender by reply email and destroy all copies of the original message. Original Message From: Tim Halopoff [mailto:thalopoff@yahoo.com] Sent: Wednesday, May 17, 2006 11:08 AM To: Charles Cuypers Cc: Susan Joy Subject: Sage Hill Covenants Hi Charlie, 05/17/2006 Page 3 of 3 How are you doing? We're down to the final items to submit before we record our Final Plat, Yeah!!! I was following up to see if you had reviewed the CC&R's before recordation? I will make a trip down to Weld tomorrow and would like to drop a signed copy off to Sheri Lockman. Please advise. Warm regards, Tim New Yahoo! Messenger with Voice. Call regular phones from your PC and save big. Yahoo! Messenger with Voice. Make PC-to-Phone Calls to the US (and 30+ countries) for 2¢/min or less. 05/17/2006 Sage Hill Public Works Comments Page 1 of 1 Sheri Lockman From: Halopoff, Timothy [THalopoff@JREngineering.com] Sent: Wednesday, May 17, 2006 9:03 AM To: Peter Schei Cc: Perry Eisenach; Brian Varrella; Drew Scheltinga; Sheri Lockman; Claeys, Jason; Copper, Adam; stjoy@yahoo.com Subject: Sage Hill Public Works Comments Peter, I appreciate the efforts of your entire team in compiling such a thorough list of comments on the Sage Hill utility plans. I also thank you and everyone involved on the impromptu meeting yesterday afternoon and for staying past five to finish. I've reviewed all of the comments and after speaking with both of the Professional Land Surveyors in our office, find that the only comment that I can't address is moving the typical street cross section from the cover sheet of the utility plans to the Final Plat. The Weld County Land Use Code, section 27-9-20 does not require typical roadway cross sections on a legal instrument such as a Final Plat and a cross section located here is generally out of place. Section 27-9-40 specifically asks for the typical road section on the Final Plan Utility Map. Therefore, we'd prefer to leave the section on the cover sheet of the construction drawings. I will add the drainage maintenance note (as discussed)to the Final Plat that states that Weld County is not responsible for drainage related areas, including road side swales in the public right-of-way,just as it appears on the drainage and grading sheets. Other than this slight change, we will address the rest of the comments. Please verify that this is O.K. Also, I am having my entire team address these new comments as I'm writing and would like to deliver the revised drawings and hydrology report to your office tomorrow afternoon, Thursday May 18. Having studied previously approved P.U.D. and Minor Subdivision construction drawings from Weld County on other like developments from the recent past, I'm quite certain that this set will rank in the top 1% as far as detail and completeness go. In saying this and realizing that this project is one of the first to comply with the increased level of expectations that public works is enacting, I respectfully ask that as long as your concerns (as agreed to) have been met on the revised set, that public works notify Sheri Lockman in written form of your satisfaction and approval by Tuesday, May 23 so that we are free to record our final plat. It has been a pleasure collaborating together to resolve these issues and I look forward to working more with Weld County in the future. Warm regards, Timothy J. Halopoff, P.E. Lead Project Engineer JR ENGINEERING A WEE IRIAN :OMPANY 2620 E.Prospect Road, Suite 190 Ft. Collins,CO 80525 W:970.491.9888 C:970.215.5299 F:970.491.9984 <mailto:thalopoff[7a jrengineering.com> 05/17/2006 11 EDUCATION FOR LIFE W ND S O Stephanie R.Watson Assistant Superintendent Business Services May 15, 2006 Weld County Planning Department 918 10th Street Greeley, CO 80631 Re: Case Number PF-1093 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, `Cf.- - Wct_tt Stephanie R. Watson Assistant Superintendent Business Services cc: Terra Firma Ventures WELD COUNTY SCHOOL DISTRICT RE-4 Business Services 1020 Main Street • P.O. Box 609 • Windsor, CO 80550 - (970) 686-8000 • Fax (9701 686-5280 � ._ SAJA Kit� 'war -138521 1002 TERRA FIRMA VENTURES LLC avaree P.O. BOX 1246 2367375 FORT COLLINS.CO 80522-1245 / // DATE S1/b 06P 5 1 PAY TORDEROF3EF A/6".174 1.dtC.i) Ca OnirL. L✓. .nc I nt4G $,6 775-:f-' g � +2©JS44iJOAS_ J�NR'�.O>-•fives l-/YtLU LARS W .... : r lADAMS..SANK&-TRUST III yJot F/nsfetiP.GO EB5(k MEMO MICOC.c TgaLlcano•Afi'"C-v'uyer' A f4f ___ I: L041L395$': 236 737 So' LO.02 NOTES RECEIPT DATE O514(oe NO. 4273 C] Cr RECEIVED FROM fr,ta. e:Vw� Uenkwca by 1 ,"A t atc.p. CD t QS ADDRESS Sad¢. Rut Dui _ • x -6.....004,41-6.....004,41cwt... VAA4.J.�e.A o x RAA,4t dpUvs$ 44:44:015-11 n a] O txl� FOR ,kl&A WM.e-, OF T..CFA, ,,,,,A,-.0 &nikaUtPt*t, . 1' flc. aur, .._;. Ths, !u-0) CD Alvin* CASH Aimsbutier ^^ lt.3,9F,3/Q- 7 ACCONW t J 1o11S — K ' loot ©2001 IFCIV1®8L810 MAY-05-2006 FRI 10:21 AM CFC ENG. FAX NO. 9702216378 P. 01 05/02/2006 09:42 9702254139 PAGE 01/01 0 (0 • • 070 /' G 37S' Re Safe t,47/ advessi p cM'! h c , A °OA. esou /., ; Are WIA-fr vie f, / ,- / . �u 114410014 04— fa crid al< Cfiletitti /t/124 do;ve2�e-c Gov-t�e�-_ tests G r1lwliee/.Ilennle•N..ii U*08 Ha �. �euew4e Fiat Collin CO •aan ilaa BONNM J. HAM Gnowm CacinoiNATom CifUNITED STITU AOS7dt SERVICE 301 B 6ennowwc tot FOM'COLLINI CO 0052SOfl0a 970-22E4130 FM:0704229d19e ' www.Yrnn.00T Sage Hill PZ-1093 and Sorrel Ridge PZ-1099 Page 1 of 1 Sheri Lockman From: Halopoff, Timothy [THalopoff@JREngineering.com] Sent: Thursday, February 02, 2006 10:26 AM To: Sheri Lockman Cc: stjoy@yahoo.com Subject: Sage Hill PZ-1093 and Sorrel Ridge PZ-1099 Sheri, I have been able to finish the construction documents and hydrology report for Sage Hill PZ-1093 and would like to meet with you to deliver them and proceed with our administrative approval process. Monday or Tuesday afternoon, February 6th or 7th would work great. Do you have an opening available for either of those times? Switching gears to Sorrel Ridge PZ-1099, I recorded the Cactus Hill Lateral ditch easement yesterday. The reception number is #3359473. Our lawyer is working to track down the status of the Gas/Mineral easement/agreements that we signed and sent back to Anadarko (Molly Somerville) on December 6th, 2005. If ^\ we receive those signatures next week, I will record them immediately. Will you be able to schedule the hearing date once the Anadarko agreements are recorded? Please advise. y� Thanks again for all of your help. /I ,o r' im t Warm regards, Timothy J. Halopoff, P.E. Lead Project Engineer JR ENGINEERING ,41%ESTRI 4V COM \Y 2620 E.Prospect Road, Suite 190 Ft.Collins,CO 80525 W:970.491.9888 C:970.215.5299 F:970.491.9984 <mailto_thalopoff_Ai reng ineerinq.com_ 02/02/2006 Sage Hj11 - PZ#1093 Page 1 of 1 Sheri Lockman From: Halopoff, Timothy [THalopoff@JREngineering.com] Sent: Thursday, January 26, 2006 9:07 AM To: Sheri Lockman Cc: stjoy@yahoo.com Subject: Sage Hill - PZ#1093 Hello Sheri, I hope that things are going well with you. I am inquiring on the status of the Change of Zone Plat for Sage Hill. Were we able to get it recorded? I wanted to schedule an appointment with you to submit some time next week the Final Plat, CC&R's, Design Guidelines, hydrology report and Construction documents for the review of Peter, you and whoever else might need to see them. Is there anything that I should be aware of before submitting bond copies? Please advise. Warm regards, Timothy J. Halopoff, P.E. Lead Project Engineer JR ENGINEERING A wESTRIAN COMPANY 2620 E.Prospect Road, Suite 190 Ft.Collins,CO 80525 W:970.491.9888 C:970.215.5299 F:970.491.9984 <mailto:thalopoffirengineeriri ..com> 01/26/2006 Sage I-411 drop off Page 1 of 2 Sheri Lockman To: Halopoff, Timothy Subject: RE: Sage Hill drop off I will go ahead and get the change of zone plat recorded. We will get the required signatures when the Planning Commission meets next Tuesday. Since the conditions of approval didn't specifically call out setbacks for the structures I think it is ok to address them at final plat. Let me know when you are ready to submit the final plan. From: Halopoff, Timothy [mailto:THalopoff@JREngineering.com] Sent: Tuesday, January 10, 2006 12:45 PM To: Sheri Lockman Subject: RE: Sage Hill drop off Sheri, Thank you for the comments. I will address both of the setback items on the final documents and submit them when they are ready. Is the change of zone plat O.K. as is? Will Weld County handle the routing for signatures and recordation with the clerk? Warm regards, Tim Original Message From: Sheri Lockman [mailto:slockman@co.weld.co.us] Sent: Tuesday, January 10, 2006 9:51 AM To: Halopoff, Timothy Subject: RE: Sage Hill drop off Good morning Tim. I finally had a chance to look at the plats that were dropped off. Both the sign and pedestrian shelter are structures which require building permits and must meet setbacks. The sign must be 10'from the road rights-of-ways (Section 27-6-90)and the pedestrian shelter should be 20 feet from both the road rights-of-way and the adjacent property(Section 23-3-440). Tract B does not have any measurements and Tract A and C do not have any widths marked so all I can do is use a ruler. It appears the sign may have to be moved back and Tract C may have to be widened slightly at the location where the pedestrian shelter is to be located. You can submit the final plan as soon as these issues have been resolved. Let me know if you need any additional information or clarification. From: Halopoff, Timothy [mailto:THalopoff@JREngineering.com] Sent: Friday, January 06, 2006 4:28 PM To: Sheri Lockman Cc: stjoy@yahoo.com Subject: Sage Hill drop off Sheri, I wanted to apologize for not making an appointment with you for Susan Joy to drop off the mylar and disk. I hope that those items found you O.K. Is there anything else that we need to submit? I also wanted to know if it would help to drop off the Final construction drawings and Final Plat in a couple of weeks to you and Peter or do I have to wait until you ask for them. The only reason that I ask is so that I can schedule the work to be done. Thanks. Have a great weekend!! 01/10/2006 Sage Hill drop off Page 2 of 2 Warm regards, Timothy J. Halopoff,P.E. Lead Project Engineer JR ENGINEERING A WEST WAN COMPANY 2620 E.Prospect Road, Suite 190 Ft.Collins,CO 80525 W:970.491.9888 C:970.215.5299 F:970.491.9984 <mailto:thalopoffAirengineering.com> 01/10/2006 Page 1 of 1 Sheri Lockman From: Leon Sievers Sent: Wednesday, January 04, 2006 3:27 PM To: Sheri Lockman Subject: Terra Firma Ventures subdivision I just spoke with Chad at JR. It appears that RE 3840 is a part of the original RE 2331, in which the RE lot was platted to the ROW line and not the section line. I reviewed what he had to offer and told him that he needed to get a QCD from the original owner of the 30' of ROW that was not part of the original RE 2331 . If he could not accomplish that, then the new subdivision will stop at the ROW line, not the section line. Just another good example of why the ROW on all Subdivisions and RE's should be reviewed with knowledgeable diligence. Glad I could help, (or confuse?) Leon Sievers,PLS, SR/WA Senior Right-of-Way Agent/Land Surveyor Weld County Public Works Dept. PO Box 758 Greeley, Co 80632 (970) 356-4000 x 3785 /� �� De 01/05/2006 Page 1 of 1 Sheri Lockman To: Halopoff, Timothy Subject: Sage Hill Good afternoon. I finally had a chance to take a look at the paper plats. Here are the outstanding issues that I see. 1) The plat shall indicate the location of the development sign in the median. An outlot shall be created in the median so that the sign can be on property owned and maintained by the Homeowners Association. 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W}-t..' _.... 37,L• 4.r[.. a► l n . ,Q it # u 4.• ,. k3(-w 414.t eatil y• i A. -1,-4.4•t ease.t4L C4,1.4-/1/44.41.4 [��e r . % igi,!a I�_�/ti•. - a• `is ..f#L to Sage Hill and Sorrel Ridge Renderings Page 1 of 1 • Sheri Lockman From: Halopoff, Timothy [THalopoff@JREngineering.com] Sent: Wednesday, November 23, 2005 9:15 AM To: Sheri Lockman Subject: Sage Hill and Sorrel Ridge Renderings Attachments: 05-10-23_GraphicSH-11 x17.pdf; 05-10-23_GraphicSR-11 x17.pdf Sheri, Attached are the renderings that I promised to you. I also faxed the Agreements that Anadarko proposed so that you can include them in the Council documents. I will work on the Anadarko Hearing Waiver for Tuesday, November 29. Later today, I will also fax the easement docs that we are currently sending to NWIC for the Cactus hill lateral easement. They are satisfied. Thanks again, for keeping me on my toes. I really believe that these two P.U.D.'s are going to be great for Weld County. I hope that the Council and Commissioners agree. Warm regards, Timothy J. Halopoff, P.E. Lead Project Engineer IR ENGINEERING A W ES FRIAV CO31PAN% 2620 E. Prospect Road, Suite 190 Ft.Collins,CO 80525 W:970.491.9888 C:970.215.5299 F:970.491.9984 <mailto:tha_lopoff@jrengineering.com> <<05-10-23_GraphicSH-11 x17.pdf>> <<05-10-23_GraphicSR-11 x17.pdf» 11/23/2005 ' ' ir ii p• FZ s _ ... i; Wittlicl L. "f 1' )� w '.i I i.. ... i.. 1 Y r i-.1 "� '.e.Rl b I lit:' ./ ii •w ,fit t� � - \.' i v >w, /r i II - " w r ft :5..:;'..)i.-4-,,,t _ __ rT detain qie N�peen Ca sol IY ra Y oY K N se OI5 use* eM 'P� soss'�.�ri.u��.A1 deoes,gC const&[cpare tlN�a. �wY e�E wnplel a note pe mE. C.1'; Ilde�'m Tees war n sin.M parcels meor an us M dam pmp cebM sago INAL .�. ,_— C MatriP pd.The "ore f N°weedndi. .e is.„,,,„5,n T pry LRCU ED F 5F Side p(yp .UNDER NO MNtO. E5N iNE RtODUGT PL USED FOR ES. X ' 5P,t* Wlt5E5.W OUNTT1.t41�91 NOWNiMNTENESS.`ACCUM Y VE �yp� M,. ai cfl'nE55E SUC'NCH UCf.NOR OINCIN5ANY TIONCO.TAWTh FROM lNv leCOECT,INCOM OR MISEEMINORlFOed or 444Cfttodn RY to Y1FtlY.ne a.ndme mayaaeole�•rearpdaW orpenannlmandRbmaey wow ti n PZ-1 QS Ina .a46Wevef.iMlWl t 6ni6YJ1.t+alecbanic.metlemcal NBC S (� 1 ewlan ydWof ed tahKW Mlem l enynoneppmved W�a ,# '. t • woven tw.rd Weld Coal,. . . t '1, ' s I 1, I I :tie`` w a 14ca r i o f lit fR p_ 1 .5.:'-'1,;', J.' . rcf hc_ _ •:"y ¢'+ ,..c 4:444,„4..- hRR'&La,•t a ry i, ws e r.. i ' P. • I aSir1 3 2 1 6 5 8 5 - ( 7 8 9 10 11 12 - .7 — --- 8 f - - -- I 18 1,,, i7Aq 16 14 13 18 17 ' 941 19 20 21 22 23 24 19 20 ----- m.ao w .�waw+un.- Ylr Yw .- rnw u.frib byw Coat n.6nsa+e...na . iki NYbMpralWY aa. boayaY.r CE Pp A twain Mu ban eke k•a• mitt,erre30 29 28 27 DE7ar�<r+ .WELD COUNTY WES NOW OR 6IYVWREBB. . caUn�Rcl aRE9�aaE,n»taronE ' RCY.OR FROM coy�crrrmsoF san pROorx.T,NCR 1 ANY WC0PRECT,MCpIIEIE OR. iFEhErit Flbp�to derdnacUibEtlbe npa4r.t.rrarNMlh.nyr.�ab/ry r- rlrbow.r,hdu3iY.bit 1101 b..Wodr.lndr114{I.RlMbonOYrCl.mBi Buck noes Or 'MY�°mrm .ea=.ynar.raaaa ww....iatM.p�. re werYnaa.ataw.aoa.p. 31 32 31 • U 32 35 36 CR PZ-1093 4 1 2 1 6 5 • T 97 Vella* 10 11 12 7 8 Ranch ' 1 Hiahwav 14 C }: 18 17 18 17 16 15 14 i r, Si 19 20 21 22 23 24 19 - 20 .. 30 29 27- ---1 5 3o-- 29 ' ~t— 36 . .34_, — 32 3t```"32 1 - g , i • t 3w ! •- Y r' � k "4X'�4 +>a,�a4"i R t r3 R I lti : ;. Mq " ,/v , '.,* ,241'""a „fit"' V i } .h d y ? �M " C L ,„ R., elk' . a,• Access and view to south Home to, the north • CY?F9M�aY I ht 4 f 1 . 7RI s4 vv 'p. ' • • • :::::4;" • • • • • .•» a err-', O;, - View of the site View to the east • View to the west Sheri Lockman, Department of Planning Services Terra Firma Ventures LLC has applied for a Change of Zone from A (Agricultural) to PUD for nine residential lots with E (Estate) zone uses. /) ,_-,/8.er The sign announcing the Board of County Commissioners hearing was posted Oeteb a, 2005 by Planning Staff The site is located East of and adjacent to County Road 15 and south of and adjacent to County Road 86 Surrounding properties are agricultural in nature with homes in close proximity. PHOTOS 14 referral agencies reviewed this case, 11 responded favorably or included conditions that have been addressed through development standards and conditions of approval. No Correspondence have been received from Surrounding Property Owners The Weld County Planning Commission is recommending approval. The applicant has requested one change to the PUD. This would be changing the name from Eagle Ridge Estates to Sage Hill. And the interior street will be named Sage Hill Road. Staff requests that the Board ask that all references to Eagle Ridge Estates be amended to Sage Hill. Planning Staff is also requesting that conditions of approval 1.A and 5.6 be removed. 1.A is in regards to the Poudre Valley Fire Authority. The applicant has completed this condition. 5.B is in regards to designating a street name. This has also n8'been completed. Mr. Halopoff is here today to represent the applicants and I will be happy to answer any questions at this time. Sheri Lockman, Department of Planning Services Terra Firma Ventures LLC has applied for a Change of Zone from A (Agricultural) to PUD for nine residential lots with E (Estate) zone uses. The sign announcing the Planning Commissioners hearing was posted August 22, 2005 by Planning Staff The site is located East of and adjacent to County Road 15 and south of and adjacent to County Road 86 Surrounding properties are agricultural in nature with homes in close proximity. PHOTOS 14 referral agencies reviewed this case, 11 responded favorably or included conditions that have been addressed through development standards and conditions of approval. No Correspondence have been received from Surrounding Property Owners The Weld County Department of Planning Services is recommending approval of Eagle Ridge Estates. You have been handed a letter from Mr. Tim Halopoff the applicants representative which clarifies the plans for irrigation on the lots. Conditions of Approval 1.A and 7.E which relate to the irrigation water are no longer necessary and have been deleted from final staff comments. Mr. Halopoff is here today to represent the applicants and I will be happy to answer any questions at this time. NOTICE OF PUBLIC HEARING The Weld County Planning Commission will hold a public hearing on Tuesday, September 6, 2005, at 1:30 p.m. for the purpose of considering A Change of Zone from Agriculture to PUD for nine (9) lots with Estate Zone uses for the property described below. Approval of the request may create a vested property right pursuant to Colorado Law. CASE NUMBER: PZ-1093 APPLICANT: Terra Firma Ventures LLC PLANNER: Sheri Lockman LEGAL DESCRIPTION:Lot A of RE-3840 Pt NW4 of Section 5, T7N, R67W of the 6th P.M., Weld County, Colorado. TYPE AND INTENSITY OF PROPOSED USE: A Change of Zone from Agriculture to PUD for nine (9) lots with Estate Zone uses. LOCATION: East of and adjacent to CR 15 and south of and adjacent to CR 86. SIZE: 34.99+/-acres, more or less. The public hearing will be held in the Hearing Room, Weld County Planning Department, 918 10'" Street, Greeley, Colorado. Comments or objections related to the above request should be submitted in writing to the Weld County Department of Planning, 918 10th Street, Greeley, Colorado 80631, before the above date or presented at the public hearing on September 6, 2005. Copies of the application are available for public inspection in the Department of Planning Services, 918 10th Street, Greeley, Colorado 80631. Please call Voneen Macklin at (970) 353-6100, Ext. 3540, or Fax # (970) 304-6498, prior to the day of the hearing so that reasonable accommodations can be made if, in accordance with the Americans with Disabilities Act, you require special accommodations in order to participate in this hearing as a result of a disability. All NEIL a cases scheduled before the Planning 1f 3Y57 Commission for hearing are subject to vie cc 'O f l3`f5 A continuance, due to lack of quorum or pier-V ciatirbp otherwise. Contact the Department of ?}BLS Planning Services at(970)353-6100,ext. o P /° . 3540,for hearing continuance information. Michael Miller, Chair Weld County Planning Commission _ To be published in the Fort Lupton Press. - To be published one (1) time by August 17, 2005. Weld County Referral wipe July 18, 2005 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Terra Firma Ventures LLC Case Number PZ-1093 Please Reply By August 15, 2005 Planner Sheri Lockman Project A Change of Zone from Agriculture to PUD for nine (9)lots with Estate Zone uses. Legal Lot A of RE-3840 Pt NW4 of Section 5, T7N, R67W of the 6th P.M., Weld County, Colorado. Location East of and adjacent to CR 15 and south of and adjacent to CR 86. Parcel Number 0705 200001 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 Planning Commission Hearing (if applicable) September 6, 2005 ❑ 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. ❑ See attached letter. Comments: Signature Date Agency +Weld County Planning Dept. +918 10t Street,Greeley,CO.80631 ❖(970)353-6100 ext.3540 +(970)304-6498 fax • FAX TRANSMISSION weld county department of planning services Fax: 970-38 WILDePhone: 970 353-61000, exit. 3540 COLORADO To: Alison Berry Date: October 24, 2005 Fax: 303-296-1924 Pages: 3 Phone: From: Sheri Lockman Subject: PZ-1093 COMMENTS: Here are maps which relate to Terra Firma Ventures Change of Zone. I hope they are helpful CONFIDENTIAL This facsimile is intended only for the use of the individual or entity to which it is addressed and may contain information that is privileged, confidential, and exempt from disclosure under applicable law. If the reader of this facsimile is not the intended recipient nor the employee or agent responsible for delivering the facsimile to the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by telephone and return the original message to us at the above address via the U.S. Postal Service. Thank you. Eagle Ridge Estates - PZ-1093 Page 1 of 2 Sheri Lockman From: Halopoff, Timothy [THalopoff@JREngineering.com] Sent: Friday, September 16, 2005 11:44 AM To: Sheri Lockman Subject: RE: Eagle Ridge Estates - PZ-1093 Sheri, Thanks for tracking down the PVF referral comments. We are fine with "Sage Hill Road" if that works for you. I will fax the addressing sheet that Lin Dodge put together as a reminder to you . Have a wonderful weekend also. Thanks. Warm regards, Tim Original Message From: Sheri Lockman [mailto:slockman@co.weld.co.us] Sent: Friday, September 16, 2005 9:13 AM To: Halopoff, Timothy Subject: RE: Eagle Ridge Estates - PZ-1093 Good morning. I finally had a time to pull out the files and I did find the referral that the fire district sent to you. I agree, we can remove 1.A. I spoke to Lin Dodge about the road name. She chose"road"to avoid duplicating street names in the County. You could also use boulevard if you like. Let me know what you want to go with and we will change it at the Board of County Commissioners hearing. Have a nice weekend. From: Halopoff,Timothy [mailto:THalopoff@)REngineering.com] Sent: Wednesday, September 14, 2005 4:35 PM To: Sheri Lockman Cc: stjoy@fcgov.com Subject: Eagle Ridge Estates - PZ-1093 Hi Sheri, I wanted to check in with you regarding a few developments on this P.U.D. I believe that Susan Joy contacted you regarding changing the name of this subdivision to Sage Hill Estates. I believe that it was O.K.'d a few days ago. I will also fax a revised preliminary addressing sheet to you that we received from the County. It shows that they prefer Sage Hill Road. That is slightly different to line item 6.B. that asks for place, street or boulevard. Will road work? On a different note, as I read through the conditions of recordation of the Change of Zone Plat, line item 1.A. states that Poudre Valley Fire had not responded during the sketch plan or change of zone submittal process. I sent in Poudre Valley Fire comments some time back and they were included in the preliminary recommendation package to the Planning Council that you sent me. I believe that we may need to delete this line item before Planning Commission. Not sure. If you cannot find a copy, please let me know and I will refax them to you. Finally, thank you very much for working so well with us. Your expertise and knowledge has made 09/16/2005 Eagle Ridge Estates - PZ-1093 Page 2 of 2 this process very enjoyable and we look forward to working more together with you in the future. Warm regards, Timothy J. Halopoff, P.E. Project Engineer JR ENGINEERING A WESTRIAN COMPANY 2620 E. Prospect Road, Suite 190 Ft. Collins, CO 80525 970-491-9888 970-491-9984 (fax) <mailto:thalopoff@jrengineering.com> 09/16/2005 Eagle Ridge Estates - PZ-1093 Page 1 of 1 Sheri Lockman To: Halopoff, Timothy Subject: RE: Eagle Ridge Estates - PZ-1093 Good morning. I finally had a time to pull out the files and I did find the referral that the fire district sent to you. I agree, we can remove 1.A. I spoke to Lin Dodge about the road name. She chose "road"to avoid duplicating street names in the County. You could also use boulevard if you like. Let me know what you want to go with and we will change it at the Board of County Commissioners hearing. Have a nice weekend. From: Halopoff, Timothy [mailto:THalopoff@JREngineering.com] Sent: Wednesday, September 14, 2005 4:35 PM To: Sheri Lockman Cc: stjoy@fcgov.com Subject: Eagle Ridge Estates - PZ-1093 Hi Sheri, I wanted to check in with you regarding a few developments on this P.U.D. I believe that Susan Joy contacted you regarding changing the name of this subdivision to Sage Hill Estates. I believe that it was O.K.'d a few days ago. I will also fax a revised preliminary addressing sheet to you that we received from the County. It shows that they prefer Sage Hill Road. That is slightly different to line item 6.B. that asks for place, street or boulevard. Will road work? On a different note, as I read through the conditions of recordation of the Change of Zone Plat, line item 1.A. states that Poudre Valley Fire had not responded during the sketch plan or change of zone submittal process. I sent in Poudre Valley Fire comments some time back and they were included in the preliminary recommendation package to the Planning Council that you sent me. I believe that we may need to delete this line item before Planning Commission. Not sure. If you cannot find a copy, please let me know and I will refax them to you. Finally, thank you very much for working so well with us. Your expertise and knowledge has made this process very enjoyable and we look forward to working more together with you in the future. Warm regards, Timothy J. Halopoff, P.E. Project Engineer JR ENGINEERING A WESTRIAN COMPANY 2620 E. Prospect Road, Suite 190 Ft. Collins, CO 80525 970-491-9888 970-491-9984 (fax) <mailto:thalopoff@jrengineering.com> 09/16/2005 Sheri Lockman To: Susan Joy Cc: Lin Dodge Subject: RE: Subdivision Name Request Good morning. It shouldn't be a problem to change the name at the Final Plan stage. We don't have any subdivisions with the name Sage but I can't go as far as reserving it for you. If you are also changing the street name contact Lin Dodge in our office to see if she has any problems with the new street name. She can supply you with a new preliminary addressing sheet to have the post office review before you submit the final plan. Have a nice day! Original Message From: Susan Joy [mailto:sjoy@fcgov.com] Sent: Thursday, September 08, 2005 4 :54 PM To: Sheri Lockman Subject: Subdivision Name Request Hi Sheri ! My name is Susan Joy and I 'm Tim Halopoff' s partner on the Eagle Ridge Estates project that you are currently taking through the approval process for us. Thank you for being so helpful with our first project, by the way, you've really made this so easy and enjoyable for us ! I have a question though. . . .our Realtor has told us to change the name because "Eagle" seems to be everywhere out there and its hard to "establish an identity" and a marketing plan when it sounds so similar to other developments. S000000, I was wondering if the name "Sage Hill" is available? I know its too late to change it now on the plans but I understand that we can still change it later. If so, how can I reserve the new name? I 'm sorry for the trouble. We will do a better job of planning ahead next time, I promise! I think we are starting to figure things out now and we've managed to pull together the right people over the last few months who DO know what they are doing! :D Thank you again, Susan 213-1971 1 Page 1 of 1 Sheri Lockman From: Halopoff, Timothy [THalopoff@JREngineering.com] Sent: Thursday, July 14, 2005 1:22 PM To: Sheri Lockman Subject: FW: Groundwater, Eagle Ridge Estates Sheri, Thanks so much for all of your help on the two projects that I submitted on Monday. The E-mail below is from our geotech (EEC) regarding groundwater. It seems to be a very positive finding. I also spoke with Steve Smith at North Poudre Irrigation Company regarding the Cactus Hill Lateral easement dedication. I submitted a letter to you for Eagle Ridge offering to place a 25'easement, west of our eastern property line which is the ditch centerline. He said that the Irrigation company would agree with a 35' easement and allow us to re-record the misaligned centerline. I am more than happy to accommodate him. I will forward you his correspondence as soon as I have it. With this additional info, I believe that you will find both Eagle Ridge Estates and Shepherds Hill Estates to be comprehensive submittals. Thanks again. Warm regards, Tim Halopoff, P.E. Original Message From: Lester Litton [mailto:lesterl@earth-engineering.com] Sent: Thursday, July 14, 2005 12:07 PM To: Halopoff, Timothy Subject: FW: Groundwater Lester Original Message From: Lester Litton [mailto:lesterl@earth-engineering.com] Sent: Thursday, July 14, 2005 11:15 AM To: 'halopoft@jrengineering.com' Subject: Groundwater Tim Joe measured the groundwater levels in the three test holes at the Eagle Ridge Estates project this morning. None of the test holes showed any groundwater with open holes to depths of 13', 12' and 15'for B-1, B-2 and B- 3, respectively. It does not look like groundwater will adversely affect septic or home construction although each homeowner or home builder should complete an evaluation specific to their building location. Please call if you have any other questions. Lester L Litton, P.E. Earth Engineering Consultants, Inc. 07/14/2005 Eagle Ridge Estates groundwater levels Page 1 of 1 Sheri Lockman From: Halopoff, Timothy [THalopoff@JREngineering.com] Sent: Tuesday, July 12, 2005 11:29 AM To: Sheri Lockman Subject: Eagle Ridge Estates groundwater levels Sheri, I spoke with Earth Engineering Consultants about the groundwater levels out at Eagle Ridge Estates. To our surprise, the levels were not shallow at all. The groundwater was at 6' near the Cactus Hill Lateral but drop off to 10'+ all the way to 20'+where building envelopes will start. I will be receiving a letter or E-mail before the end of day. I would greatly appreciate it if you would hold the Colorado Geological Survey's, Department of Natural resources response package, from Karen A. Berry until I transmit EEC's letter to you this afternoon. I'm sorry for the delay and hope that the submittal receipt date and time don't suffer because of this. Warm regards, Timothy J. Halopoff, P.E. Project Engineer JR ENGINEERING A WESTRIAN COMPANY 2620 E. Prospect Road, Suite 190 Ft. Collins, CO 80525 970-491-9888 970-491-9984 (fax) <mai lto_thalopoff@)rengineeri ng.com> 07/13/2005 Page 1 of 1 • Sheri Lockman From: Halopoff, Timothy [THalopoff@JREngineering.com] Sent: Tuesday, August 09, 2005 7:43 AM To: Sheri Lockman Subject: RE: Eagle Ridge Sheri, I will try to have our lawyer send a copy of the deed and quit claim to me before recording it. I believe that he said that he was sending them to the county recorder today, but I should be able to catch him first. If not, the documents will be sent back to me with the bar code on them and I will fax them at that time. Please inform me if this is going to be a problem. Also, we are beginning to negotiate the exact same sort of deal with Anadarko for the surface rights on Shepherds Hill Estates. Therefore, I expect that we will be purchasing those soon also. Thank you, Tim Halopoff Original Message From: Sheri Lockman [mailto:slockman@co.weld.co.us] Sent: Monday, August 08, 2005 4:19 PM To: Halopoff,Timothy Subject: Eagle Ridge Good afternoon. Can you please get me a copy of the deed which transfers the mineral rights from Andarko. If you own the mineral rights there wouldn't be any notification requirements. Thanks 08/09/2005 08/09/2005 08:36 FAX 970 491 9984 JR ENGINEERING Q002 9704938788 07:20:47 a.m. 08-09-2005 1 /5 1008 CENTRE AVENUE TELEPHONE(970)493-8787 ('-tL/O fe, Van 5ckern & Cuypers LET FORTCOLLINS, FAX(970)493-8788 COLORADO 80526 OFFICE@ W VC-LAW.COM ATTORNEYS AT LAW FACSIMILE TRANSMITTAL Date: August 9.2005 CONFIDENTIALITY NOTICE: To: Tim Halopoff This message is intended for the use of the Fax number. 491-9984 Individual or entity to which it Is addressed and may contain information that is From: Charles J.Cuypers privileged, confidential and exempt from disclosure. If you have received this Reference: Anadarko Documents communication In error,please notify us immediately. Thank you. MESSAGE: 08/09/2005 08:36 FAX 970 491 9984 JR ENGINEERING a -. ... -.. - - - - . _ _.. _ _ FAX TRANSMITTAL IR ENGINEERING A Westrian Company Date: 8/1/0..r Company: ,��d - Cavan" — bet?. ct r PLANT'.._ .., S.E.c uL c,cs Fax#: ..... ....Sig s._:,te Y • (r.Y....9e Attention: S}'ci From: Ta-n o Comments: CA.GLE, At.P.G. - 4 cal-S S _k.a- c.c.s-Pt c.c.s-Pr% .42es-xax The number of transmitted pages,including this cover page is 6, If all pages are not received,please call. Hard copy mailed ClYes li No The information contained in this facsimile is confidential and intended only for the use of the individual or entity to whom this cover sheet is addressed. If the reader of this message is not the intended recipient or the employee or agent responsible to deliver it to the intended recipient, you are hereby notified that use, dissemination, distributions or copying of this communication is strictly prohibited. If you have received this communication in error,please immediately notes the transmitter by telephone. Job Number:35 y.1-o,OO Job Descriptor: Er♦y Le. ,tc PG( es-M> fl This facsimile has been sent from: 6020 Greenwood Pima Boulevard 2620 Fag Prospect Road.Suite 190 4310 AimwsWea Drive Grecnwood Village,CO 80111 Fat Collins,CO 80525 12301 gs.CO 80907 Thornton, 80241 110 303-740-9393.Fax:303-721-9019 970491.9888•Fax:970-491-9984 719-593-2 93.Fax:719-528-6613 720-872720-872.9853 Page 1 of 1 Sheri Lockman To: Halopoff, Timothy Subject: Sage Hill Good morning. I had a chance to review the paper plats for Sage Hill. The following should address my concerns: 1) Please compare the certificates with Appendix 26-P of the Weld County Code. The language should match. Also the Owners Certificate and a ica ion are Pniss ng 2)The vicinity map on page one needs to be to scale or you can delete it since page 3 also has a vicinity map. (1"=2000' is usual) 3) Remove the department names from the end of all County Notes. Those are for informational purposes only and will not be included on the final resolution. 4)Check for typographical errors in note F (fo and includig) 5) Notes A and H should match language in the final resolution / 6)The property line should go to the center of CR 15 unless the road was granted by a QCDeed or Warranty �I/ Deed. Most were done as a deed of dedication which does not give the county ownership. If the Recorded ,n. Exemption was done wrong this will be our chance to fix it. t• K 7)CR 86 -Verify exiting right-of-way and the documents creating it. Label the documents on the plat. If it can't be verified it needs to be dedicated. 8)All bearings and distances need to be included. (Lots&outlots) 9) Remove the topographic information. You may want to combine pages 2 and 3. The map on page 2 will need lots included and the map on page 3 needs bearings so it may be easier to combine them into one. Public Works will need to review the road cross section and the the final plat. Please submit 2 paper copies for review by our office and Public Works after the Board of County Commissioners hearing. Changes could still happen at the hearing. If you have any questions or concerns please give me a call. • 4 /Lf.}1A,,, 10/13/2005 MEETING NOTES ftp J•R ENGINEERING A Westrian Company job Name: SAVE N ILL Job No.: ly5o.on Subject: RNA i• Col..PLI A,I CC C/t ECICLIS-r TD RECo,t 0 FINAL PLAT Source: Tr,t 1-IALo?e.=G Telephone: 910.245. 5211 Meeting Date: 5/64g,With: Cam et LEO FAaa CASE it PF - loll. ADP irJ.c-nixn✓E IZc vu..-1 Cris,MF... c SELTIo,u PLANK I AiG SEA-vices' - APPR-.vi)nL Is CaNPITIcN.AL UPaN A. 5u- i'7-7-NU .C .2. 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I I '�'s � 15 UE i _ , 4 ''''4,11,4i- s� g I b d SUBDIVISION SIGNAGd 1�Ac �" :,.1 ,-1,1,01: Irl z ` s5" ,,,hs'gpas4, y *3 s �!.J.I1. t e. a �. .r r+� ,1 IL 1 Y i X,x1{I' T e r ka "lfrt+, �.t�'I q a h� a T I s i „ a - ,�a`' k 4 ,�,".}-1 q .,Ia<., i t`�'„' 2 .$T ; ,T ,4+a h 1 1-I.�s " x, LEI' x 4 8l y R,1 . t' S P 5� w I r N ?7 ,,t,4rd 4 � .f > x '' y � "t ry' 0''' ' _ i" aA ,. M'[j4. i +i nr4�A . �� 9 . i s 7 Irill�a.�,a.��> �;. �E3`r,,'�� er � ` �° f s� �� ,d,+ � : x " `` " �;IP9t P d 3(1 I�It .3 ,_ ' a �,. ' '` r r ° ', i +� {7.. El I IVIIIII4 at.a ..k yk•• :%I> .X�.x •yR, .rf..� �x a: X a) F!'„ 'N',,..., �.:ri [ arr o LI Va xF lrt `\t 7ia.t'•x\:'*n'5* �aa` h ati rX.,x.� . 1§ 3 12 BOX POSTAL PEDESTAL a I I / n I I r-- / ;n l // / °i 3 r r it I E of t g I I1 L 50.00' DRAINAGE EASEMENT g1 j 3ici F „_. ,. -EGIST ,'' ' I 15.00' UE I 'r •1 ES• ••• ! 1ri I IIV TQACT C 1 V ,•'� •1. : I i a / 95 1'. r $ `' `` �cR`E I 3a ....• 5 ..•.�..p` � S- 1- 0(0 11/11111111111111111111111/III 111111111 1111 1111 1111 3311505 08/09/2005 04:18P 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 a / day of , 2005, by and among ANADARKO LAND CORP., formerly known as RME Land Co . and Union Pacific Land Resources Corporation, and ANADARKO E&P COMPANY LP, formerly known as RME Petroleum Company and Union Pacific Resources Company, both with an address of Post Office Box 1330, Houston, Texas 77251-1330 (hereinafter the "Anadarko Entities"), and TERRA FIRMA VENTURES, LLC with an address of Post Office Box 1245, Fort Collins, Colorado 80522-1245 (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)ll 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 No. 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 for all of the minerals, pl including coal and other hard rock minerals and also oil, gas and associated liquid hydrocarbons, that the Anadarko Entities own in the Subject Lands. The minerals are 40) hereinafter referred to as "Minerals." SNE2 i LINQJ,s 44..€O �InIE�,- " U v: Tf ?Jim -rt-t`- r A�o ° c iii GN•rs Rut" tN ( U 1 N (.. ,NGo U > U �t BE A��c w¢ -pet-2 TD ' q,.,GeS o F 5 •� t cA N i �t CM-ALL ° ti U U TeacTs A, WnE� wi« a o 0 '- col (EA' oo,t- �s s.�--1 3 w 12.EUn-o MosE '145-. N a't- f LJ i I S ��cnRO6O • n r.Nxl IS Nei pi err --p+ANKS, SAGE 11111111111 lit ii iI11111 �� EMI III 11111IIIIIIII 3311505 08/09/2005 04:18P Weld County, CO 2 of 4 R 21.00 D 0.00 Steve Moreno Clerk & Recorder RELINQUISHMENT AND QUITCLAIM NOW THEREFORE, the Anadarko Entities for and in consideration of the sum of TEN DOLLARS ($10.00) and other good and valuable consideration to them paid, the receipt of which is hereby acknowledged, have RELINQUISHED and forever QUITCLAIMED, and by these presents do 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 the title of the Anadarko Entities to the Minerals shall be in no way affected and that the Anadarko Entities and any lessee, licensee, successor or assign of either of them shall have the right to remove the Minerals from the Subject Lands by directional or horizontal drilling and by subterranean entries or by meqns of operations conducted on the surface of other lands or otherwise by any means or methods suitable to the Anadarko Entities, their 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, the Anadarko Entities have executed this Relinquishment and Quitclaim on the date set forth in the acknowledgment, to be effective on the date and year first written above. ANADARKO LAND CORP. By: a Name: James L. ewcomo Its: Agent and Attorney-in-Fact ANADARKO E&P COMPANY LP By: f Name: Ja . Newcomo Its: Agent and Attorney-in-Fact 2 }Q • 1111111.1111111111111111111111111111111111111111111 33'11505 08/09/200504:1s81 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 02/ day of Ti�9a�( , 2005, by Timt5 L.flu.lcon 4 b , as Arm ,t, l )7,y-in-Rale- for ANADAIKO LAND CORP. My Commission expires: 7nuorti 1,)006 Witness my hand and official seal. Fl m n I ,Er HLL E C ILLREKW1 / ;,, IUIJ E APIFIE IE / I QtacGre�llk Notary R blic STATE OF TEXAS ) ) ss. County of Montgomery ) The foregoing instrument was acknowledged J before me this 2I day of , LJ , 2005, by T ere) ()t5 e,,Ccmb , as 4101 i o /(Mrncq-;n- re)t."-- for ANADARKO E&P COMPANY LP. My Commission expires: TJ marry 7)06 Witness my � fficial seal. ,�l t[^ O r 1,' 3 Notary Public 3 1111111 11111 11111 IIII 3311505 08/09/2005 04:18P Weld County, CO 4 of 4 R 21.00 D 0.00 Steve Moreno Clerk& Recorder EXHIBIT A to Relinquishment and Quitclaim dated \ftc.c„t... 2.7 , 2005 mong Anadarko Land Corp., Anadarko E&P Company LP and Terra FirmaVentures,LLC Leeal Description Lot A of Recorded Exemption No. 0705-05-2-RE-3840, recorded August 31, 2004 as Rec. ption No. 3211428, being a part of the Northwest Quarter of Section 5, Township 7 North, Range 67 West of the 6`h P.M., County of Weld, State of Colorado. also known by street and number as: vacant land 4 Colorado Secretary of State -Filed Date and Time: 05/03/2006 02:59 PM Document processing fee Entity Id: 20061183926 If document is filed on paper $125.00 If document is filed electronically $ 25.00 Document number: 20061 183926 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: Sage Hill Homeowners Association (The name of a nonprofit corporation may, but need not,contain the term or abbreviation "corporation", "incorporated", "company", "limited" "carp.", "inc", "co."or "ltd" §7-90-601, CR.S) 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" O "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) (State) (Postal/Zip Code) United States (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) (State) (Postal/Zip Code) United States (Province—ifapplicable) (Country—if not US) 5. Registered agent: (if an individual): Halopoff 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) (Postal/Zip Code) 8. Registered agent mailing address: (if different from above) (Street name and number or Post Office Box information) ARTINC_NPC Page 1 of 3 Rev. 11/16/2005 (City) (State) (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/yyyy) 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 CO 80526 (City) (State (Postal/Zip Code) Unite States (Province—ifapplicable) (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) (State) (Postal/Zip Code) United States (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) (State) (Postal/Zip Code) United States (Province-ifapplicable) (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 ❑ 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 (City) (State) (Postal/Zip Code) United States (Province—if applicable) (Country—if not US) (The document need not state the true name and address of more than one individual. However. fyou 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 Sage Hill 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. Attachment to Articles of Incorporation of Sage Hill 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. IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS (PUBLIC ROAD MAINTENANCE) THIS AGREEMENT,made and entered into this day of , 20b( , by and between the County of W eld,State of Colorado,acting through its Board of County Commissioners,hereinafter called"Co unty," and Tsg.a_e.rt Amp VEN ruLeS LLe, ,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: LtsrA 6r Raco,t0eJ exeMP'no ) No. 0705-oG- 2- RE. - 3Sclo I3E.uNA A Pnar aP T+c Nv.L 'y OF SEcn a"J 5, 'IOu,JSHtP 7N, �A Ut G7 w OF 1 H-c Corte P2trnE Nta2to1A J , Cow 't ur LAIC.1-D, SIA-TE 0l= CoLo2ADo . WHEREAS, a final Subdivision/Planned Unit Development (PUD) Plat of said property, to be known as ___SA has been submitted to the County for approval; and WHEREA S,relevant Sections of the Weld County Code provide that no Subdivision F inal Plat,Planned Unit Development Final Plat, or Site Plan shall be approved by the County until the Applicant has submitted a Subdivision Improvements Agreement guaranteeing the construction of the public improvements shown on plans,plats and supporting documents of the Subdivision Final P lat,Planned Unit Dev elopment Final Plat,or Site Plan,which improvements,along with a time schedule for completion, are listed in Exhibits "A" and "B" of this Agreement. NOW,THEREFORE,IN CONSIDERATION OF the foregoing and of the acceptance and approval of said Final Plat, the parties hereto promise, covenant and agree as follows: 1.0 Engineering Services: Applicant shall furnish,at its own expense,all engineering 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 construction contract. Before acceptance of the roads within the Subdivision or Pla nned 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 be 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 strict conformance 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 County may 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 improvements,and pay any and all judgments rendered against the County on account of any such suit,action or claim,tog ether 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 cap acity,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 expects to 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 of 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 agreement,the subsequent 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, Resub division, 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, Resubdivision, or Planned Unit Development using the road improvements constructed under a prior improvement agreement will be based upon a pm 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 as measured by the changes in the Colorado Construction Cost Index 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, Resubdivision, or Planned Unit Development will generate shall be decided by the County Engineer. 5.7 The term for which the subdivider,applicant,or owner is entitled to reimbursement under 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 monies to be reimbursed b y the subsequent subdividers,applicants, or owners. 3 6.0 Acceptance of Streets for Maintenance b y the County: Upon compliance with the following procedures by the Applicant,streets within a Subdivision or Planned Unit Developmentmay be accepted by the County as a part of the County road system and will be maintained and repaired by the County. 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 satisfac tory to the County; and all terms of this Agreement have been faithfully kept by Applicant. 6.3 Upon completion of the construed on 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 thatthe Board of County Commissioners accept them for partial maintenance by the County. Partial maintenance consists of a0 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 according 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 improvements 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 of County 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) year after 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%)ofthe value of the improvements remaining to be completed. If improvements are not completed and the agreement notrenewed within these time frames,the County,at its discretion,may make demand on allor 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 improvements in each filing as approved. The County will place restrictions on those portions ofthe property that are not covered by collateralwhich 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 requirements 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 McGraw-Hill Companies. The applicant has provided costestimates for all 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 Federal or State licensed financial institution on a form approved by Weld County. The Letter of Credit shall state at least the following: 8.1.1 The Letter of Credit shall be in an amount equivalent to One-Hundred percent (100%)of the total value of the improvem ents 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 County if 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 estimatedcosts 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 Agreement (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 up on 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 Credit 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 approval,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 proposed development by a disinterested Member of the American Institute of Real Estate Appraisers (M.A.I.) indicating that the value of the property encumbered in its current degree of development 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 prop erty. 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 of the property by a Member of the Institute of Real Estate Appraisers(M.A.I.) 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 amount specified in the Improvements Agreement. 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 approval of the Weld County Board o f Commissioners. 8.3.3 The escrow agent will be a Federal or state-licensed bank or financial institution. 8.3.4 If Weld C ounty determines there is a default of the Improvements Agreement, the escrow agent,upon req uest by the County,shall release any remaining es crowed 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 requirements 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 request 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 comp any. 9.9 The warranty collateral shall be released to the applicant upon final acceptance by the B oard ofCounty 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,gre enbelts 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 dedicated 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: _ 7151 APPLICANT: TITLE: Man±Er!N�_ �tnLf. ___--___ "AA' y/ SASEN�iii//i Subscribed and sworn to before me this day of f —__ _, 20 0( . ``�P ,.....;9ps, 1 . otAR i My Commission expires: � __ •• a.r ••*C Notary Public *; ; t 2,0061 • PUBiP •Q�` 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 8 EXHIBIT "A" Name of Subdivision or Planned Unit Development SAh_e_ iS,I.. Filing: NIA__ _1 U•D. `j L.oS__asxs a Location: mac t..___ CLE__i_A_CC-12.__ Lc__1!c+2— _.14 _2.f 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 //,Coo OY A 3 /c`I 4 /3,500 Street grading y,500 Of 33/cy 4' i3,500 Street base /,48C TN #/6,Yo/p4 fi27, 639 Street paving 5,2.'16" 51 It/Z•51/64 % 65, 719. B Curbs, gutters, and culverts — — — — Sidewalk — — — — Storm sewer facilities 350 LF 2.5/tF $ 8,750 Detention ponds 2,000 CC $ 3 /c, Jb 6„,000 Ditch Improvements — -- — Subsurface drainage — — — — Sanitary sewers — — — — Trunk and forced lines — — — — Mains — — — — Laterals (house connected) — — — — On-site sewage facilities — — — — On-site water supply and storage — — — — WaterMains (includesbore) /,$$o LE se72/L-F f 90,70o Fire hydrants 3 LA li 2,2ao/L`4 1 II, 000 Survey and street monuments and boxes — — — — Street lighting — — — — Street Names I EA 07146/64 Et 754 Fencing requirements — — — — Landscaping / /_5 $'/v,o00 IF /9, 000 Park improvements — — — — Road culvert — — -- — Grass lined swale — — — — Telephone 9 t.013 if 27 9,000 Gas 2,000 LP 07/LF st /'/,0oo Electric 9 L.-rs 0 S'°/-a it.16,0o0 Water transfer — — — — SUB-TOTAL: - # 200, 589. es- Engineering and Supervision Costs $ l0,000 (Testing,inspection,as-builtplans and work in addition to preliminary and final plat; supervision of actual construction by contractors) TOTAL ESTIMATED COST OF IMPROVEMENT S AND SUPERVISION $ 270, 5$5.. 8_5- 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 shhall be completed according to the construction schedule set out in Exhibit "B." / By: l 97.7 Applicant j — —�an—t— Mt) MEx.sCert-s. Date: ? y , 20 Ooh. Title (If corporation, to be signed by President and attested to by Secretary, together with corporate seal.) 10 EXHIBIT "B" Name of Subdivision or Planned Unit Development ki LA Filing: --N1Ei Ru.1D. Location: ---- SsfoPe� t_e --LnLs.rL_JS___AL+D WC& 86 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 6 We Street grading 2 Wrc Street base Z W kc Street paving / w/lc Curbs, gutters, and culverts Sidewalk Storm sewer facilities 2 w k5 petention ponds 2- wl'-S Ditch improvements / Nit Subsurface drainage Sanitary sewers Trunk and forced lines Mains Laterals (house connected) On-site sewage facilities On-site water supply and storage Water mains 5 wkc Fire hydrants / w t. Survey and street monuments and boxes Street lighting Street name signs Fencing requirements 1 DAL? Landscaping Park improvem ents Road culvert Grass lined swale l w k Telephone `f Lac Gas kS Electric wKc Water transfer SUB-TOTAL: 3H M/'.4 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. // Applicant // Ci -- ---- -- --- llA )1/1 A& '✓G r4 c o..v4E LS Date: —1.19 , 20 O 6 . Title (If corporation,to be signed by Pre sident and attested to by Secretary, together with corporate seal.) 12 Construction Estimate for Sage Hill Located at the SE corner of CR86 and CR15, Weld County Improvements Quantity Units Unit Cost Total Street Grading 4,500 CY $ 3.00 $ 13,500.00 Street Base 1,685 TN $ 16.40 $ 27,634.00 Street Paving 5,245 SY $ 12.53 $ 65,719.85 Street Cut CR 15 1 LS $ 287.00 $ 287.00 Storm Sewer Facilities 350 LF $ 25.00 $ 8,750.00 Detention Ponds 3,000 CY $ 3.00 $ 9,000.00 Ditch Improvements 300 CY $ 3.00 $ 900.00 Water Mains 1,850 LF $ 22.00 $ 40,700.00 Fire Hydrants 5 EA $2,200.00 $ 11,000.00 Street Names 1 EA $ 786.00 $ 786.00 Road Culvert 2 EA $7,333.00 $ 14,666.00 Grass Lined Swale 1 EA $2,697.00 $ 2,697.00 Telephone 9 LOT $1,000.00 $ 9,000.00 Gas 2,000 LF $ 7.00 $ 14,000.00 Electric 9 LOT $4,000.00 $ 36,000.00 $254,639.85 PL1794 Oversized Map Located in Original File Overall Utility Plans Not Scanned JAta UfJ✓ 44ii �1 a#cif ce/ ktee, DECLARATION OF COVENANTS, CONDIift"^ 04P-Lt �j GC (I>1 /st n,, „ p RESTRICTIONS, AND EASEMENTS I 9L i""`f` MIA , ), 34 SAGE HILL P.U.D. THIS DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS FOR SAGE HILL P.U.D. is made and entered into this day of May, 2006, by TERRA FIRMA VENTURES, LLC, a Colorado Limited Liability Company(Declarant). RECITALS A. Declarant is the owner of Sage Hill 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 Sage Hill 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 Sage Hill 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 Sage Hill 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 Sage Hill 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 Use. 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 "Animal 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 Sage Hill 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 Sage Hill 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 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 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 Terra Firma 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 Sage Hill 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. 2.14 "Design Guidelines" shall mean the guidelines and rules published and amended and supplemented from time to time by the Design Review Committee. 3 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 owned by another entity with which the Association contracts for such service), all harmoniously combined with other Improvements. 4 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 Sage Hill 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. 2.34 "Plat" shall mean the final plat for Sage Hill P.U.D. recorded in the Office of the Clerk and Recorder for Weld County, Colorado at Reception No. , and any engineering 5 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 Sage Hill 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 Sage Hill 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 Documents. 6 ARTICLE III. THE RESIDENTIAL 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 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 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 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 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. 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 to 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 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 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; Q) 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 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: (a) Maintain accounting records using generally accepted accounting 13 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) Regulations for parking vehicles on or off of the street, within an enclosed garage or a designated area on a Lot. 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 streets located within the Property. (m) Design, use and installation of raw water irrigation systems to ensure efficient use of water. 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 15 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 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, 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 16 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 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. 17 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. (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 18 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 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 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 19 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 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 USE 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 Use of Lots. 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 20 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. 7.4 Household Pets. No animals, birds or reptiles of any kind shall be raised, bred or kept on any portion of the Residential Community, except that a reasonable number of dogs, cats and other household pets 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 21 maintenance of animals upon the Property, including the maximum number and size thereof. 7.5 Pet Runs. No pet runs or other fenced-in areas for the containment of dogs or other pets shall be permitted upon any Lot without the prior written approval of the DRC. In considering whether to approve any such pet run or other fenced-in areas, 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. Furthermore, no invisible fences 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 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 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 22 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 streets and in 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 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 be adopted by the Association from time to time. In any event, if any such accessories are 23 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. 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 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 Structures. No temporary structures shall be permitted except as may be 24 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. 7.23 Use 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 Lot. 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 25 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 ELEMENT 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. 26 (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 Delegation 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 Sage Hill P.U.D. 9.5 Utilities. There is created within the final plat for Sage Hill 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 27 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 Sage Hill 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 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. 28 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 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 29 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: (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 30 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 31 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. 32 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 DESTRUCTION 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. 33 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 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 34 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: (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. 35 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 damages arise from the negligence of particular Owners (if the repairs benefit only 36 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, 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 ($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 37 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, 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: (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. 38 (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 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. 39 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. SPECIAL DECLARANT 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 Sage Hill 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 Sage Hill 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 Sage Hill P.U.D. (e) Annexation of Expansion Property. The right to annex all or part of any Expansion Property to the Property. 40 (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. 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) 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 41 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. 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 Sage Hill 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. 42 ARTICLE XVII. DRAINAGE 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 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 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. 43 (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. MISCELLANEOUS 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 Enforcement by Governmental Entity. The County of Weld (the "County") is 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 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 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 44 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 versa, and the use of the singular includes the plural, and vice versa, whenever the context of the Documents so require. 45 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 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. TERRA FIRMA VENTURES, LLC, A Colorado Limited Liability Company By: Timothy J. Halopoff, Manager 46 STATE OF COLORADO ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of May, 2006, by Timothy J. Halopoff, Manager of TERRA FIRMA VENTURES, LLC, a Colorado Limited Liability Company. WITNESS my hand and official seal. Notary Public My Commission Expires: 47 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 ,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 48 EXHIBIT "A" Legal Description of Sage Hill, P.U.D. Lot A of Recorded Exemption No. 3840, being part of the Northwest One-Quarter 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 Tracts A, B, and C, Sage Hill P.U.D., 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 BYLAWS OF SAGE HILL HOMEOWNERS ASSOCIATION ARTICLE I. NAME AND LOCATION The name of this nonprofit Corporation is Sage Hill 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 Sage Hill 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 Sage Hill, Inc. a Colorado corporation, its successors and assigns. "Declaration" shall mean and refer to the Declaration of Covenants, Conditions and Restrictions for Sage Hill recorded in the office of the Larimer 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 Sage Hill, which properties are know collectively as "Sage Hill", in Larimer 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 May, 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 Sage Hill 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 (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 (I) 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, "Sage Hill 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 Sage Hill Homeowners Association, have hereunto set our hands this day of May, 2006. Timothy J. Halopoff, Director Susan T. Joy, Director CERTIFICATION I, the undersigned, hereby certify: (a) I am the duly elected and acting Secretary of Sage Hill 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 day of May, 2006. , Secretary 8 WELD COUNTY, COLORADO DEPARTMENT OF PLANNING SERVICES 918 101K STREET GREELEY,CO 80631 PHONE: 970-353-6100, EXT. 3540/FAX:970-304-6498 Date: 20 Receipt No. '' 4 / Received From: Permit Type No. Description Fee 4221-RE/SE 4221-ZPMH 4221-US R 4221-SITE PLAN REVIEW 4221-CHANGE OF ZONE 4221-PUD 4221-MINOR/MAJOR SUB #OF BUILDABLE LOTS 4221-ADDITIONAL 30% FEE FOR SUB's 4221-RE-SUBDIVISIONS 4221-BOA 4221-FHDP/GHDP 4430-MAPS/POSTAGE 4430-COPIES 4730-INVESTIGATION FEE 6560-RECORDING FEE MISC. CASH OCHECK NO. TOTAL FEE Receipted By: DL# Exp. Hello