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Home My WebLink About20031425.tiff a(ti\ rig PUD FINAL PLAT WUDc. ADMINISTRATIVE REVIEW COLORADO CASE NUMBER: PF-568 PLANNER: C. Gathman APPLICANT: DNS Development, LLC CIO David Dalglish ADDRESS: 6025 Fox Hill Drive, Longmont, CO 80501 REQUEST: The Summit at Mountain View Planned Unit Development Final Plan LEGAL DESCRIPTION: Lot B of RE 2196; Part of the E2 of Section 5, Township 1 North, Range 68 West of the 6th P.M., Weld County, Colorado. LOCATION: 1/4 mile south of Highway 52 of WCR 5, West on Mountain View Street, North of Fir Avenue (West of Carmacar Ranchette Subdivision) ACRES: 28.6 +/- acres PARCEL#: 1467 05 100020 THE DEPARTMENT OF PLANNING SERVICES' STAFF APPROVES THIS APPLICATION FOR THE FOLLOWING REASONS: 1. The submitted materials are in compliance with the application requirements of Section 27-7-30 of the Weld County Code. 2. The request is in conformance with Section 27-7-40.C of the Weld County Code, as follows: A. Section 27-7-40.C.1--That the proposal is consistent with Chapters 19, 22,23,24 and 26 of the Weld County Code . The proposed site is not influenced by any intergovernmental agreements or the Mixed Use Development area. The proposal is consistent with the aforementioned documents as follows: 1) Section 22-2-60.A.1,A.Goal 1 --"Preserve prime farmland for agricultural purposes which foster the economic health and continuance of agriculture." Chapter 22, Section 22-2-60.1.1, A.Goal 9 indicates that eighty (80) acres is considered the minimum lot size for a viable farming operation. The subject parcel is 28.6 acres net in size and is classified as "High Potential Dry Cropland" farmland on the Important Farmlands of Weld County map dated 1979. Given the lack of viable soils,lack of irrigation water and shape of the parcel,the parcel is not economically viable for agricultural production. Therefore, prime farmland will not be removed from production. 2003-1425 PF-568,(Summit at Mountain View) 1 2) Section 22-2-60.C.2, A.Policy 3— "Conversion of agricultural land to residential, commercial and industrial development will be discouraged when the subject site is located outside of a municipality's comprehensive plan area, urban growth boundary area, or 1-25 Mixed Use Development area and urban development nodes." The application proposes non-urban scale development as defined by Section 27-2-140 of th Weld County Code. Section 27-2-140 defines non-urban scale development as"...developments comprising of nine(9)or fewer residential lots, located in a non-urban area as defined in Chapter 22 of the Weld County Code, not adjacent to other PUDs, subdivisions, municipal boundaries or urban growth corridors." This proposal includes public water and consists of seven (7) PUD Estate zoned residential lots and 4.445 acres of common open space. The minimum proposed lot size of 3.2 acres coupled with the overall density of one system per 4.08 acres meets the current Department policy. Section 27-2-190 defines urban scale development as that development that either exceeds nine(9) lots or is located within close proximity to existing PUDs, subdivisions, municipal boundaries or urban growth boundaries. The subject site is located north of and adjacent to the Peaks at Mountain View PUD and west of and adjacent to Carmacar Ranchettes,thus urban scale development standards shall be imposed. 3) Section 22-2-190.D.2.b, PUD.Policy 4.2 "A planned unit development which includes a residential use should provide common open space free of buildings, streets,driveways or parking areas. The common open space should be designed and located to be easily accessible to all the residents of the project and usable for open space and recreation..." The proposed open space of 4.445 acres meets the requirements of PUD.Policy 4.2. 4) Section 22-3-50.6.1, P.Goal 2"Require adequate facilities and services to assure the health, safety, and general welfare of the present and future residents of the County." The application has satisfied Chapter 27 of the Weld County Code in regard to water service. Water is to be provided by the Left Hand Water District. Evidence of pre-purchased water taps from Left Hand Water District is provided in the application materials. The application has satisfied Chapter 27 of the Weld County Code in regard to sewer service. Sewer will be provided by individual sewage disposal systems. Preliminary percolation data included in the sketch plan application indicates the area in the vicinity of Lot 5 will require an engineered system due to unsuitable percolation rates. The preliminary data includes that the other sites will be suitable for conventional septic systems. B. Section 27-7-40.C.2--That the uses which would be allowed in the proposed PUD will conform with the performance standards of the PUD Zone District contained in Article II, Chapter 27 of the Weld County Code. An approved on site improvements agreement will be required prior to recording the plat. All other Performance Standards have been addressed prior to the Final Plan. C. Section 27-7-40.C.3--That the uses which would be permitted will be compatible with the existing or future development of the surrounding area as permitted by the existing zoning, and with the future development as projected by Chapter 22 of the Weld County Code or master plans of affected municipalities. The proposed site does not lie within an Urban Growth Area, nor is the applicant proposing an Urban Scale Development. Weld County's Right To Farm has been attached to the Final Plat thus informing any new residents that the area of the surrounding community is agricultural in nature. This proposal is located within the three-mile referral boundaries of the Towns of Dacono, Erie and Frederick. The Towns of Erie and Frederick reviewed this proposal and indicated no conflicts exist. No PF-568,(Summit at Mountain View) 2 referral response was received from the Town of Dacono. The Department of Planning Services believes that the granting of this PUD Final Plan will have a minimal impact on the surrounding land uses. D. Section 27-7-40.C.4--That adequate water and sewer service will be made available to the site to serve the uses permitted within the proposed PUD in compliance with the performance standards in Article II, Chapter 27 of the Weld County Code. The Left Hand Water District has indicated its ability and willingness to service this application. Sewage disposal will be served by Individual Sewage Disposal Systems (I.S.D.S.). E. Section 27-7-40.C.5--That street or highway facilities providing access to the property are adequate in functional classification, width, and structural capacity to meet the traffic requirements of the uses of the proposed PUD Zone District. The Weld County Public Works Department reviewed this request and indicated no conflict with the proposed plan. The applicants have submitted an Improvements Agreement According Policy Regarding Collateral for Improvements (Private Road Maintenance). An Improvements Agreement (Public Road Maintenance) shall be submitted. A finalized Improvements Agreement will be required prior to recording the plat. F. Section 27-7-40.C.6— In the event the street or highway facilities are not adequate, the applicant shall supply information which demonstrates the willingness and financial capacity to upgrade the street or highway facilities in conformance with the Transportation Sections of Chapters 22, 24 and 26, if applicable. The applicant shall submit an off-site Road Maintenance and Improvements Agreement regarding access to the development via public gravel roadways. The applicant shall be responsible for dust suppression(chemical)during the time the development is under construction. G. Section 27-7-40.C.7-- That there has been compliance with the applicable requirements contained in Chapter 23 of the Weld County Code regarding overlay districts, commercial mineral deposits, and soil conditions on the subject site. Effective December 1, 1999, Building Permits issued on the proposed lots will be required to adhere to the fee structure of the Southwest Weld Road Impact Program Area 2. Development Standards will ensure that the site is developed according to the Colorado Geological Survey recommendations as outlined in their referral letter dated July 2, 2001. H. Section 27-7-40.C.8--lf compatibility exists between the proposed uses and criteria listed in the development guide, and the final plan exactly conforms to the development guide. The proposed PUD Final Plan uses are compatible with the criteria listed in the developmental guide. This recommendation is based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral agencies. The Department of Planning Services'approval is conditional upon the following: 1. Prior to Recording the PUD Final Plat: A. The Board of County Commissioners shall review and approve the signed and dated Improvements Agreement According to Policy Regarding Collateral for Improvements (Public Road Maintenance)including the form of collateral. The security for the Agreement shall be tendered and accepted by the Board of County Commissioners. (Department of Public Works) PF-568, (Summit at Mountain View) 3 B. The Board of County Commissioners shall review and approve the signed and dated Improvements Agreement According to Policy Regarding Collateral for open space, drainage and landscaping Improvements (Private Road Maintenance) including the form of collateral. The security for the Agreement shall be tendered and accepted by the Board of County Commissioners. (Department of Public Works) C. The applicant shall submit an off-site Road Maintenance and Improvements Agreement addressing access to the development via public gravel roadways to the Department of Public Works. The applicant shall be responsible for dust suppression (chemical)during the time the development is under construction. The security for the agreement shall be tendered and accepted by the Board of County Commissioners. (Department of Public Works) D. As required per the Mountain View Fire Protection District,in their referral dated September 17, 2002, the following provision should be added to the Restrictive Covenants for the Summit at Mountain View: "Mandatory Interior Fire Sprinkler Systems Required The Declarant has been informed by the Mountain View Fire Protection District that water supply for fire protection is not adequate for homes larger than 3,600 square feet and that the fire protection district will require a mandatory interior fire sprinkler to be installed in each residence over 3,600 square feet. Each lot owner who constructs a residence larger than 3,600 square feet shall be required to comply with the fire protection standards of the Mountain View Fire Protection District,as those standards exist on the date of the recording of this Declaration or are subsequently amended after the recording of this declaration." The Restrictive Covenants for the Summit at Mountain View shall be approved by the Weld County Attorney's Office and be ready for recording in the Office of the Clerk and Recorder. (Department of Planning Services) E. The applicant shall submit a revised Landscaping Plan that addresses the comments/concerns outlined in the referral response dated September 15,2002 from Kim Ogle - Department of Planning Services. The Landscape Plan shall be reviewed and approved by the Department of Planning Services. (Department of Planning Services) F. A Revised final drainage report addressing the requirements of the Department of Public Works in their referral dated October 28, 2002 shall be submitted to the Department of Public Works. Evidence of Department of Public Works approval shall be submitted to the Department of Planning Services. (Department of Public Works) G. An executed agreement between the applicant and the St. Vrain Valley RE-1J School District addressing the "cash-in lieu of land dedication fee" shall be submitted to the Department of Planning Services. (St. Vrain Valley RE-1J School District) H. The applicant shall address the requirements of the Weld County Sheriff's Office outlined in the referral received September 6, 2002. Evidence of Weld County Sheriff's Office approval shall be submitted to the Department of Planning Services.(Weld County Sheriff's Office) The applicant shall submit written evidence from the Left Hand Water District that the water agreement dated March 2001 is still valid and can be executed upon recording the final plat. (Department of Planning Services) PF-568, (Summit at Mountain View) 4 J. The applicant shall submit an 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). (Department of Planning Services) K. The Plat shall be amended to include the following: 1) The plat shall comply with Section 27-9-20 of the Weld County Code. (Department of Planning Services) 2) The most recent version of Weld County's Right to Farm as listed in Section 22, Appendix 22-E of the Weld County Code. (Department of Planning Services) 3) All notes on the approved and recorded Z-568 change of zone plat. (Department of Planning Services) 4) The applicant must remove the 20-foot building setback noted on the final plat. This is not a standard feature of a final plat. (Department of Public Works) 5) It is Public Works understanding the oil storage tank has been relocated. The new location and 200-foot setback shall be shown on the final plat. The applicant must confirm this for final plat approval. (Department of Public Works) 6) The applicant shall label the (60-foot) right-of-way for Summit Way on the final plat. (Department of Public Works) 7) A bus pullout will not be constructed for this development. Public Works and St. Vrain Valley School District (letter dated May 14, 2002) are not requesting this feature. Any reference to a bus pullout shall be removed from the final plat. (Department of Public Works) 8) The applicant shall show only one typical street cross-section in the roadway and grading plans. The section shown on sheet 2 of 6 should be removed. (Department of Public Works) 9) Summit Way is shown incorrectly in plan view as a 32-foot wide paved roadway on the Construction Plans. The applicant shall be consistent with the dimensioning of the roadway section throughout the plans. (Department of Public Works) 10) Easements shall be shown in accordance with County standards and / or Utility Board recommendations,also dimensioned on the final plat.(Department of Public Works) 11) The equestrian/pedestrian trail appears to be in conflict with the ditch(es) on the west boundary of the development. Provisions must be made for ditch easement(s). Ditch easement(s) (if applicable) should be indicated on the plat. (Department of Public Works) 12) The approved Landscape Plan in compliance with Section 27-9-30 of the Weld County Code. (Department of Public Works) PF-568, (Summit at Mountain View) 5 2. The Final Plat is conditional upon the following and that each be placed on the Final Plat as notes prior to recording: A. The Planned Unit Development shall consist of seven (7)lots. The PUD allows for Estate uses as set forth in Section 23-3-410 of the Weld County Code and as indicated in the application materials on file in the Department of Planning Services. The PUD is subject and governed by the Conditions of Approval and Development Standards stated hereon and all applicable Weld County Regulations. (Department of Planning Services) B. The site shall be developed in accordance with the recommendations contained in the geotechnical report and the recommendations of the Colorado Geological Survey contained in their letter dated July 2, 2001. (Colorado Geological Survey) C. Installation of utilities shall comply with Section 24-9-10 of the Weld County Code. (Department of Planning Services) D. The applicant shall utilize water from Left Hand Water District. (Department of Public Health and Environment) E. A Weld County Septic Permit is required for each proposed septic system and shall be installed according to the Weld County Individual Sewage Disposal System Regulations. Each septic system shall be designed for site-specific conditions, including but not limited to maximum seasonal high groundwater, poor soils and shallow bedrock. (Department of Public Health and Environment) F. The applicant shall obtain a storm water discharge permit from the Water Quality Control Division of the Colorado Department of Public Health and Environment, if required. Silt fences shall be maintained on the down gradient portion of the site during all parts of the construction phase of the project. (Department of Public Health and Environment) G. If land development creates more than a 25 acre contiguous disturbance, or exceeds six (6) months in duration, the responsible party shall prepare a fugitive dust control plan, submit an air pollution emissions notice, and apply for a permit from the Colorado Department of Public Health and Environment. (Department of Public Health and Environment) H. During the development of the site,all land disturbance shall be conducted so that nuisance conditions are not created. If dust emissions create nuisance conditions, at the request of the Weld County Department of Public Health and Environment,a fugitive dust control plan must be submitted. (Department of Public Health and Environment) In accordance with the Regulations of the Colorado Air Quality Control Commission, any development that disturbs more than five acres of land must incorporate all available and practical methods which are technologically feasible and economically reasonable in order to minimize dust emissions. (Department of Public Health and Environment) J. A Home Owner's Association shall be established prior to the sale of any lot. Membership in the Association is mandatory for each parcel owner. The Association is responsible for liability insurance,taxes and maintenance of open space, streets, private utilities and other facilities. Open space restrictions are permanent. (Department of Planning Services) PF-568,(Summit at Mountain View) 6 K. All signs, including entrance signs, shall require building permits. Signs shall adhere to Section 23-4-80 and Section 27-6-90 of the Weld County Code. (Department of Planning Services) L. Outdoor storage shall be screened from public rights of ways, and adjacent properties. (Department of Planning Services) M. Mandatory Interior Fire Sprinkler Systems Required: The Declarant has been informed by the Mountain View Fire Protection District that water supply for fire protection is not adequate for homes larger than 3,600 square feet and that the fire protection district will require a mandatory interior fire sprinkler to be installed in each residence over 3,600 square feet. Each lot owner who constructs a residence larger than 3,600 square feet shall be required to comply with the fire protection standards of the Mountain View Fire Protection District, as those standards exist on the date of the recording of the Declaration of Covenants or are subsequently amended after the recording of the Declaration of Covenants. N. Effective December 1, 1999, Building Permits issued on the lot will be required to adhere to the fee structure of the Southwest Weld Road Impact Program area 2. (Department of Planning Services) O. Section 27-8-70 of the Weld County Code - Failure to Commence a Planned Unit Development Final Plan- If no construction has begun or no USE established in the PUD within one (1)year of the date of the approval of the PUD Final Plan, the Board of County Commissioners may require the landowner to appear before the it and present evidence substantiating that the PUD Final Plan has not been abandoned and that the applicant possesses the willingness and ability to continue the PUD. The Board may extend the date for initiation of the PUD construction and shall annually require the applicant to demonstrate that the PUD has not been abandoned. If the Board determines that conditions supporting the original approval of the PUD Final Plan have changed or that the landowner cannot implement the PUD Final Plan,the Board may,after a public hearing,revoke the PUD Final Plan and order the recorded PUD Plan vacated. P. Section 27-8-80.A of the Weld County Code - Failure to Comply with the PUD Final Plan -The Board of County Commissioners may serve written notice upon such organization or upon the owners or residents of the PUD setting forth that the organization has failed to comply with the PUD Final Plan. Said notice shall include a demand that such deficiencies of maintenance be cured within thirty (30) days thereof. A hearing shall be held by the Board within fifteen(15)days of the issuance of such notice,setting forth the item,date and place of the hearing. The Board may modify the terms of the original notice as to deficiencies and may give an extension of time within which they shall be rectified. Q. Section 27-8-80.B of the Weld County Code -Any PUD Zone District approved in a Final Plan shall be considered as being in compliance with Chapter 24 of the Weld County Code and Section 30-28-101, et seq., CRS. 3. Upon completion of 1 and 2 above, the applicant shall submit two (2) paper copies of the plat for preliminary approval to the Weld County Department of Planning Services. Upon approval of the paper copies the applicant shall submit a Mylar plat along with all other documentation required as conditions of approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by Department of Planning Services'Staff. The plat shall be prepared in accordance with the requirements of Section 27-9-20 of the Weld County Code. The Mylar plat and additional requirements shall be submitted within thirty(30)days from the date the Administrative Review was PF-568,(Summit at Mountain View) 7 signed. The applicant shall be responsible for paying the recording fee. 4. Prior to the release of any building permits: A. The applicant shall supply a designated street sign and stop sign at the appropriate location. B. The applicant shall supply evidence to the Department of Planning Services that all requirements of the Mountain View Fire Protection District have been met. C. Effective December 1, 1999, Building Permits issued on lots in the Summit at Mountain View will be required to adhere to the fee structure of the Southwest Weld Service Area Road Impact Program Area 2. 5. Section 27-8-60 of the Weld County Code - Failure to Record a Planned Unit Development Final Plan - If a Final Plan plat has not been recorded within one (1)year of the date of the approval of the PUD Final Plan, or within a date specified by the Board of County Commissioners, the Board may require the landowner to appear before it and present evidence substantiating that the PUD Final Plan has not been abandoned and that the applicant possesses the willingness and ability to record the PUD Final Plan plat. The Board may extend the date for recording the plat. If the Board determines that conditions supporting the original approval of the PUD Final Plan cannot be met, the Board may, after a public hearing, revoke the PUD Final Plan. Date: November 15, 2002 Chris Gathman - Planner AICP PF-568, (Summit at Mountain View) 8 PLANNED UNIT DEVELOPMENT FINAL PLAN APPLICATION FOR PLANNING DEPARTMENT USE ONLY: Case Number Application Fee: Zoning District Receipt Number: Date Application Checked By: Planner Assigned to Case: BE COMPLETED BY APPLICANT: (Print or type only except for required signatures). I (we), the undersigned, hereby requests the Department of Planning Services to administratively review this application or request a hearing before the Board of County Commissioners, if applicable, concerning the Final Plan of this proposed subdivision of the following described unincorporated area of Weld County. LEGAL DESCRIPTION:L0rg0 RE2/g6) Prf2,r1eg or,5c,7f y-/4 En e, CO, (If additional space is required, attach an additional sheet of this same size.) PARCEL NUMBER: / 76 11, O2 D 2-O(12 digit number found on Tax I.D.or obtairoed in Assessor's Office.) NAME OF PROPOSED PUD SUBDIVISION Sz//A//i//T- r nia(Nr,4/N/ ///Ea; EXISTING ZONING jilD tcrfATE -7 LorS CHANGE OF ZONE CASE NUMBER #TSG g TOTAL AREA(ACRES) 2 f?. 3—$t, TOTAL AREA(acres)OF COMMON OPEN SPACE 41.V4'j- NO. OF PROPOSED LOTS -7 LOT SIZE: AVERAGE 3.2'_£;Z MINIMUM 3 22 4 UTILITIES: WATER: NAME 1 'FT /{,4P h&77 ,P ,0/577er c /- SEWER: NAME / 4 /r GAS: NAME 57r PHONE: NAME LG S ELECTRIC: NAME //V/7-EP Pc� -2 DISTRICTS: SCHOOL: NAME 4T/fJ/N /`Gt/ 5_�ffX'L- I2/5Tk1lc/ FIRE: NAME /L/G41NT{f/A!d/fiv f/�'/2/9eTiCi7C91 R'5i�C C? ENGINEERS NAME GH/j/ `DIALK '/I1/C,E5 C� , /-2.„ E PHONE 3C3`�c5 /-72/2 ADDRESS "742 d 2L 5r / o /Ij tp -/�JC rO 6036/PHONE SURFACE FEE (PROPERTY OWNERS)OF AREA PROPOSED FOR PUD FINAL PLAN: NAME: 3/V c DEve--A-,^PMFAa- 4/-C HOME TELEPHONE: ADDRESS: q-, ' r /f//E / , f Lo4/6-/40� £p �,S ?O'3/ BUS. TELEPHONE: -7727$'7' NAME: HOME TELEPHONE: ADDRESS: BUS. TELEPHONE: APPLICANT OR AUTHORIZED AGENT(if different than above):NAME: -O411//- GL%SAL HOME TELEPHONE:309-‘57-3P2/cr ADDRESS: 42),Z,3--poi Z! /LL v, LOA/6A10/YTCo fl2yBUS. TELEPHONE: 5,4i4-1SC OWNER(S)AND LESSEES OF MINERAL RIGHTS ON OR UNDER THE SUBJECT PROPERTIES: NAME: ' .x/Y LC NAI7/t/4R5T 3P'3-8'3a- og ADDRESS: /313 Pfirvic"e //E FT' L p O Cr) !ice 2 / Signature: Owner or Author d Agent 22 The Summit at Mountain View DEVELOPMENT GUIDE (27-6) (Specific) August 27, 2002 Description The Summit at Mountain View is a Planned Unit Development (PUD) in southwestern Weld County, Colorado approximately 2 miles northeast of the Town of Erie. The general concept for the PUD is to create smaller lots than what currently exists (one home with 28.594 acres). Since there is no irrigation water, this plan will make better use of the existing dry land by creating smaller more manageable parcels for a total of 7 single-family residences. The plan allows for horses and 4H projects, and for energy efficient houses in a rural environment. The existing single family home would have 3.285 acres. The newly created additional six parcels would range from 3.224 to 3.370 acres each. This application will require a zoning change from agricultural zoning to estate residential use. Perimeter open space, commonly available to all lots, offers a recreational area for owners and their animals, and provides a buffer for existing property owners to the East (Carmacar Ranchettes). This common area comprises 4.445 acres (15.5%). This proposed low density living environment will be controlled and managed via a Homeowners Association with an Architectural Control Committee and an appropriate Declaration of Covenants, Conditions, and Restrictions (CCR's). The Summit at Mountain View is sited to afford stellar views of Longs Peak, the Indian Peaks Wilderness and Boulder's Flatirons. Ready access to Boulder and Longmont is available from its close proximity to Colorado Highway 52 and to Denver, Loveland, and Fort Collins, via the North 1-25 corridor. Location The Summit at Mountain View is located approximately one-half mile northwest of Weld County Roads 12 and 5, immediately west of Carmacar Ranchettes, directly north of the Peaks @ Mtn View, and South of Colorado Highway 52 approximately one-half mile. Size The PUD size is 28.594 acres with 7 lots ranging from 3.224 acres to 3.370 acres in size, plus 4.445 acres of open space (15.5%). 1 Legal Description The PUD parcel is described as Lot B of Recorded Exemption 2196 being a part of the east half of Section 5, Township 1 North, Range 68 West of the 6`h Prime Meridian, Weld County, Colorado. Zoning Present—Agricultural Proposed - 7 Lot, Estate Residential PUD Utilities and Services Water: Left Hand Water District Sewer: Individual Septic Gas: KN Energy Telephone: Qwest Electric: United Power School: St. Vrain Valley School District RE-1J Fire: Mountain View Fire Protection District Law Enforcement: Weld County Sheriffs Department Ambulance: Tri-Area Ambulance Service and American Medical Response, Longmont, CO Access: Privately maintained Summit Way to Fir Avenue to Spruce Drive or Mountain View Street to Weld County Road 5 to Colorado Highway 52 or Weld County Roads 8, 10 or 12 to Interstate 25. Legal Status The parcel is owned by DNS Development, LLC, 451 215`Ave., Longmont, CO 80501. The proposed Listing Company for the lots at The Summit at Mountain View will be Coldwell Banker Residential Brokerage, 451 21st Ave., Longmont, CO 80501, (303) 772-7478. Marketing is planned for winter, 2001/2, and sales and closings subsequent to infrastructure development (i.e., roadway, utilities, signage, etc. and formation of the Homeowners Association, etc.). 2 The Summit at Mountain View DEVELOPMENT GUIDE (27-6) (Specific) August 27, 2002 Following are explanatory statements addressing how the Summit at Mountain View will address the following impacts: Component One - Environmental Impacts (27-6-40) The small scale, low-density nature of the development, by definition, strives to generate minimal environmental impacts both internally and externally. A. Noise &. Vibration (27-6-40,B.,1.): Except during authorized construction, gardening and mowing, no offensive or detrimental noise or vibration generating activities will be permitted that would negatively affect lot owners or the adjacent neighbors and the general public. Control responsibility shall lie with the Homeowners Association and/or the Architectural Control Committee. The speed limit on Summit Way shall not exceed 25 miles per hour. B. Smoke, Dust & Odors (27-6-40,B.,2.): No exterior fires (except barbecue fires within appropriate containers) shall be permitted unless specifically authorized by the Homeowners Association and appropriate governmental jurisdictions. No conditions which create a fire hazard or which are in violation of fire prevention regulations shall be allowed. Appropriate landscaping, including natural grass vegetation will be required on all lots and open space. Appropriate surface treatment and a 25 mph speed limit on Summit Way will prevail to minimized fugitive dust. All lot owners of the development will be required to pay an equitable share of the cost of surface treatment applied to the unpaved roadways, which provide access to the PUD. This would apply to the roadways where the vehicle trips exceed 200 per day, according to state Regulation Number 1, Subpart III, D Fugitive Dust. The most effective method for this treatment is to apply magnesium chloride. This information was obtained in an email from Robert Jorgenson at the state regulations department, dated 9/25/01. 3 Composting of yard/animal refuse will be encouraged. Manure shall be periodically removed or incorporated into the soil on a regular basis to mitigate odors and insect and pest propagation. Gardening and mowing may generate some dust. C. Heat, Light & Glare (27-6-40,B.,3.): No highly reflective window coating, such as metal foil, which acts as a light reflector will be allowed within the development, unless specifically authorized by the Homeowners Association and appropriate governmental jurisdictions. Any exterior lighting installed shall be indirect or of such controlled focus or intensity as not to disturb the residents of adjacent properties. No street lighting is planned. D. Visual/Aesthetic Impacts (27-6-40,B.,4.): The Summit at Mountain View will permit single family residences of design type ranch, two story, or split-level. Out buildings will be permitted, but they will be constrained to be consistent with the residences. This low-density development encourages high quality, energy efficient construction. The owner's intent for the visual character of this development is that it be consistent and harmonious with all adjacent properties, but keeping with modern design standards. Weld County Controls and Homeowner Association Covenants will demand mature landscaping, underground utilities, sheltered satellite dishes and veiled storage. New two story residences will have some impact on the Western view of the Carmacar subdivision along Fir Avenue. However, meetings with the Carmacar residents have led to the creation of a large portion of the open space being relocated to the eastern portion of the proposed PUD, thus maximizing the view for the two residences adjacent to the PUD on the East Side of Fir Ave. Also, the angle of the access street to the cul-de-sac has been designed to avoid headlights shining directly at either of these residences. Building envelopes are designed to preserve vistas and view planes internal and external to the project. The PUD will also be within site lines of one residence to the north. Architecture controls will insure congruence of finishes, colors, materials and amenities. Building height shall not exceed 35 feet. No building, fence, barn, corral, paddock or other permanent structure will be permitted without written approval of the Architectural Control Committee. Only temporary on-street parking will be allowed, such as that needed for 4 visitors or service vehicles. And all mobile equipment (including disabled), supplies, equipment, etc. must be completely sheltered from eye level view. Notwithstanding the foregoing; during periods of construction, not to exceed twelve (12) months/lot, temporary structures and equipment shall be allowed upon the individual lots, but not on Summit Way. Landscaping and grasses shall be maintained and periodically mowed or grazed to present an aesthetically appropriate presence. Xeriscape landscaping and/or grasses will be utilized upon the open space. An eight (8) foot wide fine crushed gravel pathway will border all lots. Scheduled maintenance of this path, such as grading and repair, will be the responsibility of the Home Owners Association. Total open space will be 4.445 acres (15.5% of the total PUD). A subdivision name sign and landscaping will identify the entrance to The Summit at Mountain View and will compliment the transition from Carmacar Ranchettes. E. Electrical Interference (27-6-40,B.,5.): Except for law enforcement, and fire and medical service providers, only normal consumer-based electrical and electronic equipment will be allowed on the site, without written approval of the Architectural Control Committee. Examples of allowed equipment are garage door openers, home security systems, cellular telephones, Internet dishes, and citizen band or amateur radios. No commercial power transmitters will be allowed on the site. F. Water Pollution (27-6-40,B.,6.): No wells for the production of water, oil or natural gas shall be dug or operated within the development except upon the authorization of the Homeowners Association and the appropriate governmental jurisdictions. No mining occurs presently, nor is anticipated in the future. G. Waste Water Disposal (27-6-40,B.,7.): The site slopes slightly from southwest to northeast at 2% to 5% grade. Storm water runoff coefficients will increase very slightly from current non- irrigated agricultural uses, because of residential and ancillary development on the 6 new lots and installation of a gravel surfaced roadway (Summit Way). A storm water retainage basin will be 5 constructed, if required. However, in any case, runoff will largely be absorbed by the soils with minor runoff migrating to the existing earthen borrow ditch along the west side of Fir Avenue. Sewage disposal will be via individual septic systems on the respective lots. H. Wetland Removal (27-6-40,B.,8.): No wetlands exist on the site. Erosion & Sedimentation (27-6-40,B.,9.): Landscaping and natural grasses will minimize wind and sheet water erosion. Negligible sedimentation in the Fir Avenue borrow ditch is expected. J. Excavating, Filling & Grading (27-6-40;B.,10.): The site is very flat. Minor filling and grading associated with construction of Summit Way will occur. Normal excavation associated with home/outbuilding construction, septic systems, common pathways, and the access road and underground utilities is expected. Surplus soil will be stockpiled and/or reused for landscaping. K. Drilling, Ditching or Dredging (27-6-40,B.,11.): See F. and J. above. Normal soils drilling and testing associated with foundation and septic design and construction will be required. No dredging will occur. Ditching for the installation of underground utilities will be required and joint trench installations will be encouraged. L. Air Pollution (27-6-40,B.,12.): See B, J and K above. M. Solid Waste (27-6-40,B.,13): See B. and G. above. Construction and household solid waste removal will be via private waste removal service providers, contractors or lot owners. N. Wildlife Removal (27-6-40,B.,14): 6 Not required. Native grasses will be planted on the open space to provide habitat for small mammals and birds. Sturdy, tightly closed containers for household refuse will be mandated by the CC&R's to rebuff pests. O. Natural Vegetation Removal (27-6-40,B.,15): This will be negligible, since all vegetation is either agricultural products or weeds and grasses. P. Radiation/Radioactive Removal (27-6-40,B.,16.): None, except for radon mitigation measures that will be considered relative to home design and construction. Q. Drinking Water Source (27-6-40,B.,17.): Potable water will be supplied by Left Hand Water District. See Development Guide, Component Two = Service Provision Impacts, (6.3.1.2.1.9), following this section. R. Traffic Impacts (27-6-40,B.,18): See Development Guide, Component Two - Service Provision Impacts, F, following this section. 7 The Summit at Mountain View DEVELOPMENT GUIDE (27-6) (Specific) August 27, 2002 Component Two - Service Provision Impacts (27-6-50) A. Schools (27-6-50,B.,1.): The PUD lies within the St. Vrain Valley School District, RE1J. Students will attend Erie Elementary School or the Erie Middle/Senior High Schools. Potential area growth could eventually mandate attendance elsewhere per St. Vrain Valley School District letter of June 27, 2001. The District's impact formula results in an additional 4 students incidental to the addition of 6 lots to this project. An agreement will be executed with the School District which will include a "cash-in lieu of land dedication fee" of$645 per lot, payable either by the developer or owners prior to building permit issuance. A pullout waiting area for buses and mailboxes will be created at the intersection of Fir Avenue and Summit Way - see Notes on the Landscape Plat. B. Law Enforcement (27-6-50,B.,2.): The proposed PUD will be served by the Weld County Sheriffs Department. Some concerns,. regarding this PUD, were raised in an Interoffice Memo written by Ken Poncelow, dated January 21, 2002. The applicants address these concerns as follows: 1. Issue: "We are better able to address neighborhood issues that may develop with an existing neighborhood governing body. There is no mention of this issue in this proposal" Response: Refer to statement on Page 1 of this document, under heading: Description: "This proposed low density living environment will be controlled and managed via a Homeowners Association with an Architectural Control Committee and an appropriate Declaration of Covenants, Conditions, and Restrictions (CCR's)." The managers of the Homeowners Association, or elected members of the HA, would fill the role of a "neighborhood governing body", to address neighborhood issues, and interface with the Sherriffs 8 office. 2. Issue: "There is an oil well and tank battery within this development. These need to be fenced off in order to mitigate the potential for tampering." Response: The oil well and tank are currently surrounded with high fencing that has barbed wire at the top. The Tank and battery are going to be moved off of the PUD property and located in the South-East corner of the property directly adjacent to the north, and will again be fenced in. Also, there will be restricted access to well and tank areas. 3. Issue: "No lighting is shown on the street named Summit Way." Response: The Final Plat submission will show street lighting for Summit Way, that meets Weld County standards. C. Fire Protection (27-6-50,B.,3.): The proposed PUD will be serviced by the Mountain View Fire Protection District. Two hydrants will be required on Summit Way, to satisfy spacing and access requirements. A Fire Flow Field Test was performed for the adjacent property (Peaks @ Mtn View) on May 11, 1999, which indicated available fire flow of 1,565 gallons per minute (gpm) at 20 psig at Weld County Road 5 and Spruce Drive. According to the referral from the Mountain View Fire Protection District, dated June 25, 2001 (see Sketch plan referrals), the minimum water requirement for one- and two-story single family residences up to 3,600 gross sq. ft. is 1000 gpm and 20 psig. Subsequent conversations with the fire district have resulted in the following guidelines: the requirements for buildings, including residences, which exceed 3,600 gross sq. ft., are highly dependent on the type of construction, and are therefore subject to review by the fire district. For a reference point, most buildings from 3,600 to 4,800 sq. ft. would require a minimum of 1500 gpm, and larger than 4,800 sq. ft. would require a minimum of 1750 gpm. If, upon review, the fire district deems the pressure is not sufficient, mandatory sprinkler systems shall be required. D. Ambulance (27-6-50,B.,4.): The ambulance service providers for the area are Tri-Area Ambulance Service and American Medical Response, Longmont, CO. A formal "Petition for Inclusion" must be tendered to each company before service can be initiated. E. Transportation (Circulation & Roadway) (27-6-50,B.,5.): Access to the PUD is directly from unpaved Fir Avenue (60 feet R.O.W.) 9 which runs along the west side of Carmacar Ranchettes subdivision. Direct routes through Carmacar are Mountain View Street and Spruce Drive, both unpaved, which lead from Weld County Road 5. Access within The Summit at Mountain View will be via an unpaved, privately maintained roadway (Summit Way) approximately 750 feet in length. Its 60 foot right-of- way and construction will comply with Weld County standards and those of the Town of Erie since the PUD lies within 3 miles of the Town's incorporated limits. Both lane widths will be 12 feet, respectively, with 4 foot wide shoulders. The single cul-de-sac will have a driven radius of 50 feet within a 65 foot right-of-way radius. Summit Way will intersect Fir Avenue at 90 degrees with a standard stop sign and street sign. The intersection with Fir Avenue is placed to minimize auto headlights shining into existing houses within Carmacar. The speed limit shall be 25 mph. No parking will be allowed on the road, shoulder or within the right-of-way of Summit Way. F. Traffic Impact Analysis (27-6-50,B.,6.): Given the low density of adjacent Carmacar Ranchettes, the low additional traffic impact of this proposed 6 additional lot estate residential PUD, and the fact that Fir Avenue and this PUD are essentially at a "dead-end" from a vehicular flow perspective, a Traffic Impact Analysis by the Weld County Public Works Department is not required — see letter from Drew Scheltinga, P.E., Engineering Division Manager. G. Storm Drainage (27-6-50,B.,7.): See Component One - Environmental Impacts, G — Waste Water Disposal. A Storm Water Drainage Study prepared by a licensed professional engineer in the State of Colorado will be submitted with the Detailed Development Guide and required submittals for the Planned Unit Development Final Plan and Plat. H. Utility Provisions (27-6-50,B.,8.): Utility easements to be shown on the Final Plat will provide not less than 15 feet front lot width and not less than 20 feet side and rear lot width. All open space shall be available for utility installations, as well as the Summit Way right-of-way. Water - See Section I. below. 10 Sewer- See Section J. below. Electric: A proposal letter was received from United Power, Inc., dated April 3, 2001. Power is available adjacent to the site and no capacity problems are anticipated. Electric lines will be underground with pad mounted transformers located in the Summit Way right-of-way. Joint trenching with other utilities will be encouraged. Natural Gas: Contact has been initiated with KN Energy, Inc. Natural gas is available in Carmacar Ranchettes and no capacity problems are anticipated. Natural gas lines will be underground and joint trenching with other utilities will be encouraged. Telephone: Contact has been initiated with U. S. West Communications. Service is available adjacent to the site and no problems are anticipated. Telephone lines will be underground and joint trenching with other utilities will be encouraged. Cable TV: Contact has been initiated with Comcast. Service is available in Park Lane Estates and Comcast is "building toward Carmacar." No problems are anticipated and joint trenching with other utilities will be encouraged. Dish Ant: Satellite dishes will be allowed within the proposed PUB if screened from eye level view. Water Provisions (27-6-50,B.,9.): Contact has been initiated with Left Hand Water District. The Subdivision Agreement for 6 additional single family residential taps has been approved and signed. (see letter attachments dated March 15 & 16, 2001,). Adequate capacity exists via an 8" line extension at the owner/ developer's cost from Fir Avenue. The extension will be installed according to Left Hand and Weld County specifications. Two fire hydrants will be required, spaced not more than 500 feet apart. The hydrants will be located in the Summit Way right-of-way, or close to Summit Way on Fir Ave. Six tap applications and associated fees have been tendered to Left Hand Water District (6 @ $25.00 each). A Subdivision/Multiple Tap Purchase Agreement (copy attached) has been signed. Plant investment fees in the amount of$16,224, and Line Participation Fees in the amount of$15,000 will be paid prior to activation of any taps. 11 In lieu of Raw Water Transfer, the owner/developer intends to pay the "Water Acquisition Fee," the "Water Reserve Rgmt," and the "Meter/Pit Charge," less credits, if applicable, in the amounts of$5,560 per lot prior to activation of any taps. Two Fire Hydrant Fund Fees totaling $2,400 will also be paid to Left Hand Water District. All water lines and meter/pits will be located underground. J. Sewage Disposal Provisions (27-6-50,B.,10.): Sewage disposal will be provided via private septic systems on the 6 additional individual lots. The systems will be designed and constructed to meet all applicable rules and regulations set forth by the Weld County Health Department. A "Preliminary Geotechnical Engineering Report", which includes Percolation Test Results and Septic System Recommendations, dated March 20, 2001, by Terracon, Longmont, CO, Project No. 22015041 is available upon request. K. Structural Road Improvements Plan (27-6-50,B.,11.): Not Applicable. 12 The Summit at Mountain View DEVELOPMENT GUIDE (27-6) (Specific) August 27, 2002 Component Three - Landscape Elements (27-6-60) More definitive landscaping plans will be brought forth in the Specific Development Guide to be submitted with the Final Plan & Plat. A. Intent (27-6-60,B.,1): The intent of the Landscape Plan for The Summit at Mountain View is to insure that the landscaping and aesthetics of the site are compatible with and complementary to those of surrounding land uses and that the site will afford an attractive, inviting living environment for those inside the PUD. Goals of this Plan include: Adopt a rural, open space theme Provide an esthetically pleasing transition from the adjacent Carmacar Ranchettes and the Peaks @ Mtn View to the PUD. Project a rural image, which focuses on the stellar views available of Longs Peak, the Flatirons and the Indian Peaks. Enhance westward views by defining building envelopes, thus maximizing views from each lot. Provide an open space, natural buffer around The Summit at Mountain View. Minimize maintenance demands, energy requirements, and water usage. Concepts of this Plan include: • A subdivision entry statement. • "Clustering" of landscaping elements • Xeriscaping and low maintenance (once established) materials and natural grasses. 13 • Low emittance and drip irrigation techniques. •. Through the efforts of the Homeowners Association: 1) encouraging residents to utilize sprinkling systems "off-sun" hours to minimize evaporative losses and 2) mandating not less than 10 mature (3"-4" trunk) trees on each of the 7 lots within 3 years of occupancy. B. Landscaping Compatibility (27-6-60,B.,2): See foregoing Section Intent, (27-6-60,B.,1.). C. Landscape Maintenance Schedule (27-6-60,B.,3.): All plantings will be specified to require minimal supplemental irrigation once established. Periodic fertilizing, watering and care will, however, be required for approximately the first three years subsequent to installation. The Homeowners Association will insure appropriate landscape maintenance occurs. The entryway will require minimal maintenance and will be kept in good order (cleaning, weeding, repair and maintenance) by the Homeowner Association. Similarly, maintenance of the open space and pathway will be by the Homeowners Association. D. Landscape Improvements Agreement (27-6-60,B.,4.): A Landscape Improvements Agreement will be submitted with the Final Plan & Plat. E. Landscape Irrigation (27-6-60,B.,5.): Potable water, provided by Left Hand Water District through an 8" distribution line in Summit Way will provide irrigation water. 14 The Summit at Mountain View DEVELOPMENT GUIDE (27-6) (Specific) August 27, 2002 Component Four- Site Design (27-6-70) A. Intent (27-6-70,B.,1.): In considering various design, lot layout, building envelope, access and landscaping issues, numerous alternatives have been reviewed. The site is a flat, dryland agricultural parcel currently planted in winter wheat. Minimal relief exists across the land and slopes of 2% to 5% prevail, generally to the northeast. A single large cottonwood tree exists at the west edge of the property in the'northwest quadrant. The tree will be retained. The parcel is dominated by stellar views of the Front Range to the southwest, west and northwest, as the parcel is slightly higher in elevation than adjacent lands. Surrounding uses and view planes include: • Directly south and adjacent to the PUD is The Peaks @ Mtn View, which has 5 estate residential lots, which range from 4.5 acres to 8.5 acres in size. Views from The Peaks looking North will be impacted slightly, but every effort will be taken to minimize that impact using building envelopes in the PUD. • Open fields, scattered development, the Town of Erie, the Boulder Valley, the Flatirons and Back Range to the southwest. Minimal view impacts will exist upon development when viewed from the southwest. • The rear of a house and a large storage/equestrian arena to the west and slightly south, which encumbers that view plane. The house and arena are situated on an agricultural site. This development will be seen from the rear of the house some 1/4+ mile away. • Delightful views of Longs Peak and the Indian Peaks to the northwest across an open field. Negligible impact will be perceived when viewed from the northwest. 15 • Looking north, two houses and outbuildings immediately adjacent to the site and scattered farms and houses down the Boulder Creek drainage to Longmont and beyond. The view plane from the north will be impacted only slightly, essentially only from the immediately adjacent two houses. • Easterly and southeasterly vision is dominated by Carmacar Ranchettes. Two residents along Fir Avenue will be impacted by low density development on the 6 additional lots as they look to the west, but meetings with them have resulted in incorporating their requests into the PUD, as much as feasible. • Building envelopes are designed to minimize visual obstruction from Carmacar and within The Summit at Mountain View as much as practical. The Intent of the Site Design is to: • Capture mountain views from the site. • Protect mountain views for Carmacar Ranchettes as much as practical. • Create an attractive, rural, energy efficient oriented development. • Screen, enclose and veil eye level views of equipment, stored materials, etc., as viewed from both within and external to the PUD. • Provide a private open space amenity surrounding the site for use by lot owners. B. Comprehensive Plan (27-6-70,B.,2.): In response to requests from adjacent property owners in the Carmacar Ranchettes, this PUD was set at 7 lots, rather than the maximum of 9 allowed in the Weld County PUD process. This was done to reduce the building density that will impact westerly views from Carmacar houses. A Sketch Plan response from Erie indicated that the proposed PUD does not meet their Comprehensive Plan of 1 Dwelling Unit per 5 acres density requirement. A subsequent phone conversation with Hallie Sawyer, The Town of Erie, resolved this issue. She thought the PUD was in a different area than where it actually is located. It is actually located in the 1 DU/2 ACRES area of the Erie Comprehensive Plan. She indicated that Erie will not oppose the PUD proposal. 16 C. Uses Allowed Within Zone District (27-6-70,B.,3.): The proposed PUD Zone District will provide 6 new building sites for single family housing, gardening and minor livestock activities. The individual lot sizes proposed in the Development Guide range from 3.224 to 3.370 acres allowing construction of residences, utility buildings for animals/equipment and appropriate grazing and exercise areas for allowable livestock. Livestock will be limited to horses, 4H animals, and household pets. Covenant controls to prevent overgrazing will be enforced by the Homeowners Association. Out buildings and animal enclosures must be approved by the Architectural Control Committee. D. Uses Allowed and Compatibility With Surrounding Uses (27-6-70,B.,4.): The areas surrounding this PUD include a mixture of residential housing on large lots, dryland and irrigated farming, stock grazing and stock impoundment. The "Right to Farm" covenant will be stated in the PUD's CC & R's and incorporated on all pertinent land use plats. Residents will be made aware of historical agricultural use of lands surrounding The Summit at Mountain View, that agricultural uses may change to other types of uses and that neighbors' longstanding practices and rights to protect their livelihood shall be protected. The proposed development will be compatible with surrounding land uses. F. Flood Hazard, Geologic Hazard, Airport Overlay District (27-6-70,B.,5.): None. 17 The Summit at Mountain View DEVELOPMENT GUIDE (27-6) (Specific) August 27, 2002 Component Five - Common Open Space Usage (27-6-80) A. Intent (27-6-80,B.,1.): Common open space is an essential element for creating an attractive living environment within The Summit at Mountain View and for providing a buffer with surrounding neighbors and land uses. This common open space will be permanent, and maintained by the Homeowners Association in perpetuity. Perimeter open space around the development, which is accessible from all 7 lots, totals 4.445 acres, or 15.5% of the 28.594 acre parcel. Walking, biking, running and horseback riding will be encouraged. No motorized vehicles will be allowed, except for occasional mowing and the maintenance of an 8 foot wide pathway. The open space will be 25 feet in width along the north and south sides of the PUD. A larger open space area will be along the East Side of the property. This was done to accommodate requests from Carmacar Ranchette owners that they have a large buffer area between them and the Summit at Mountain View. The largest open area is on the West Side, creating a private buffer to the west. B. Open Space Regulations (27-6-80,B.,2.): Consistent with Planned Unit Development Ordinance 197, permanent common open space managed and owned by the Homeowners Association will be a part of this PUD. The Homeowners Association will be established before any residences are sold and membership is mandatory for each owner. The Association shall assume responsibility for liability insurance, taxes, and maintenance of the open space. C. On-Site Improvements Agreement (27-6-80,B.,3.): An On-Site Improvements Agreement will be submitted with the Final Plan and Plat. 18 The Summit at Mountain View DEVELOPMENT GUIDE (27-6) (Specific) August 27, 2002 Component Six - Sianaoe (27-6-90) Signage shall include a standard stop sign and 2 street signs (Summit Way and Fir Avenue) on Summit Way at its intersection with Fir Avenue. Two standard 25 mph speed limit signs will be installed approximately midway on Summit Way, one for westbound traffic and one for eastbound traffic. Small residential address signs will be allowed as well as standard real estate sales signs or placards. Entry signage for The Summit at Mountain View will be incorporated into the Site Design and Landscape Plan elements. All other requirements contained in this section shall be adhered within the development. 19 The Summit at Mountain View DEVELOPMENT GUIDE (27-6) (Specific) August 27, 2002 Component Seven — MUD Impacts (27-6-100) Not Applicable. 20 DEVELOPMENT GUIDE (27-6) (Specific) August 27, 2002 Component Eight — Intergovernmental Agreements Impact (27-6-1101 Not Applicable. 21 DNS Development, LLC 451 21st Avenue, Longmont, CO 80501 David Dalglish, Project Manager, (303)651-3829 August 23, 2002 Ms. Carla Angeli, Planner Weld County Planning Department 1555 N. 17th Ave. Greeley, CO 80631 RE: Z-568, Summit at Mountain View PUD Final Plan Application Package Dear Carla: This letter addresses Item 16 of the PUD Final Plan Application Requirements. To the best of my knowledge, the proposed PUD Final Plan is in compliance with, and meets all criteria as set forth in, the Change of Zone. In addition, the uses for the PUD have not changed from the descriptions provided in the Change of Zone, as recorded. The Development Guide has been followed and adhered to. If there are any other concerns or questions, please call me at your earliest convenience. Sincerely, te Dave Dalglish Project Manag r %AUG 22 2002 8: 49AM HP ^ERJET 3200 p. 2 4 mm-wsrotmlovr DI:MITA DAVIDSON COLORADO saorrAirraivas ARTICLES OF INCORPORATION OF Zero2. 1 LID-h Y THE SUMMIT AT MOUNTAIN VIEW HOMEOWNERS A:[ Ish (A Colorado Nonprofit Corporation) $ 50.00 SECRETARY Of STATE 05-14-2002 07:42:50 The undersigned Incorporator hereby establishes a nonprofit corporation pursuant to the Colorado Revised Nonprofit Corporation Act, and adopts the following Articles of Incorporation. ARTICLE ONE - NAME: The name of the corporation is THE SUMMIT AT MOUNTAIN VIEW HOMEOWNERS ASSOCIATION("Association"). ARTICLE TWO - DURATION: The Association shall exist in perpetuity from the date of the filing of these Articles of Incorporation with the Secretary of State for the State of Colorado,until dissolved according to Colorado law. ARTICLE THREE -PRINCIPAL OFFICE, REGISTERED OFFICE AND REGISTERED AGENT: The initial principal office for the transaction of the business of Association shall be located at 451 21st Avenue, Longmont, CO 80501. The address of the initial registered office of the Association is 451 21st Avenue, Longmont, CO 80501, and the name of the registered agent at such address is Elizabeth J. Scholten. ARTICLE FOUR - PURPOSES OF THE ASSOCIATION: The purposes for which the Association is formed are: (a) to promote the interests and welfare, and be for the common benefit of the Owners of the Planned Community and Members of the Association and their Guests;(b)be and constitute the Association to which reference is made in THE DECLARATION OF COVENANTS,CONDITIONS AND RESTRICTIONS OF THE SUMMIT AT MOUNTAIN VIEW ("Declaration") recorded or to be recorded against the Planned Community in the Weld County, Colorado records; (c) to govern, in accordance with the Colorado Common Interest Ownership Act, the Colorado Revised Nonprofit Corporation Act, the Declaration, and the Articles of Incorporation, Bylaws and Rules and Regulations of the Association, the residential community known as THE SUMMIT AT MOUNTAIN VIEW ("Planned Community"),located in Weld County, Colorado; and (d) to provide for the administration, maintenance, repair and reconstruction of the Common Areas as provided for in the Declaration. ARTICLE FIVE - POWERS OF THE ASSOCIATION: In furtherance of the purposes stated above, the Association shall have and may exercise all of the rights, powers, privileges and immunities now or subsequently conferred upon nonprofit corporations by the Colorado Revised Nonprofit Corporation Act, the Colorado Common Interest Ownership Act, or granted under the Declaration,or the Articles of Incorporation,Bylaws or Rules and Regulations of the Association. .-. ' RUG 22 2002 8: 50RM HP 3ERJET 3200 P, 3 ARTICLE SIX-NONPROFIT: The Association shall be a nonprofit corporation,without shares of stock, and does not contemplate pecuniary gain or profit for the Members thereof. ARTICLE SEVEN-MEMBERSHIP AND VOTING RIGHTS: The Association will have voting members whose rights and privileges shall be as set forth in the Bylaws of the Association. ARTICLE EIGHT-BOARD OF DIRECTORS: The affairs of the Association shall be managed by a Board of Directors. The duties,qualifications,number and term of Directors and the manner of their election, appointment and removal shall be set forth in the Bylaws. ARTICLE NINE: LIABILITY OF DIRECTORS: No Director shall be personally liable to the Association for monetary damages for any breach of fiduciary duty as a Director, except that no Director's liability to the Association for monetary damages shall be eliminated or limited on account of any of the following: (a)any breach of the Director's duty of loyalty to the Association or its Members, (b) any acts or omissions of the Director not in good faith or that involve intentional misconduct or a knowing violation of law,or(c)any transaction in which the Director received improper personal benefit. Nothing herein will be construed to deprive any Director of the right to all defenses ordinarily available to a Director nor will anything herein be constructed to deprive any Director of any right for contribution from any other Director or other person. Any repeal or modification of this Article shall be prospective only and shall not adversely affect any right or protection of a Director of the Association existing at the time of such repeal or modification. ARTICLE TEN-AMENDMENT: Amendment of these Articles shall be(a)in accordance with the statutory requirements of the Colorado Revised Nonprofit Corporation Act, (b)subject to the restrictions contained in ARTICLE THIRTEEN below, and (c) be approved by the Owners of Lots within the Planned Community to which at least 67% of the votes in the Association are allocated. During the Period of Declarant Control, any proposed amendment of any provisions of these Articles shall not be effective unless Declarant has given its written consent to such amendment. ARTICLE ELEVEN -DISSOLUTION: The Association may be dissolved in accordance with the statutory requirements of the Colorado Revised Nonprofit Corporation Act, and with the consent of Members to which at least 67% of the votes in the Association are allocated and with the consent of 67% of the Eligible Mortgages. Upon dissolution of the Association, other than incident to a merger or consolidation, the assets of the Association shall be dedicated to an appropriate public agency to be used for 2 RUG 22 2002 8: 50AM HP 3ERJET 3200 p. 4 purposes similar to those for which this Association was created. In the event that such dedication is refused acceptance, such assets shall be granted, conveyed and assigned to any nonprofit corporation, association, trust or other organization devoted to similar purposes. ARTICLE TWELVE-CUMULATIVE VOTING:Cumulative voting shall not be allowed in the election of Directors. ARTICLE THIRTEEN - PRIOR APPROVALS: The following actions will require the prior approval of at least 67% of the Eligible Mortgagees: merger, consolidation or dissolution of the Association, material amendment of these Articles, and mortgaging of the Common Areas, and annexation of additional properties. If the Planned Community has been or may be approved by the Federal Housing Administration and/or the Veterans Administration,then during the Period of Declarant Control, the above actions will require such agencies' written approval. ARTICLE FOURTEEN -INCORPORATOR: The name and address of the Incorporator of the Association is Elizabeth J. Scholten, 451 21st Avenue, Longmont, CO 80501. ARTICLE FIFTEEN-DEFINITIONS: Terms used in these Articles of Incorporation which are defined in the Declaration shall have the same meaning and definition as such terms have in the Declaration. IN WITNESS WHEREOF,the Incorporator has caused these Articles to be executed this day of , 2002. •I '��•J. Scho ;Incorporator CONSENT OF THE REGISTERED AGENT The undersigned consents to the appointment as the authorized Registered Agent for THE SUMMIT AT MOUNTAIN VIEW HOMEOWNERS ASSOCIATION. • J. Sc ten, Register Agent 3 THE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF THE SUMMIT AT MOUNTAIN VIEW THIS DECLARATION OF COVENANTS,CONDITIONS AND RESTRICTIONS OF THE SUMMIT AT MOUNTAIN VIEW is made on the date hereinafter set forth, by the DNS DEVELOPMENT, LLC, a Colorado limited liability company("Declarant"). PREAMBLE WHEREAS, Declarant is the owner of certain real property located in Boulder, Colorado, as more particularly described on the attached Exhibits A and B; and WHEREAS, Declarant intends to create a residential community on the said real property together with other improvements thereon; and WHEREAS, Declarant will convey the said real property, subject to the protective covenants, conditions and restrictions, as hereinafter set forth. NOW THEREFORE, Declarant hereby submits the real property described on Exhibits A and B, together with all rights, and appurtenances thereto and improvements thereon to the provisions of the Colorado Common Interest Ownership Act, as it may be amended from time to time, subject however to the express limitation stated in the Act that a planned community created in Colorado after July 1, 1998 that contains no more than twenty units and is not subject to any development rights, as such are defined in the Act, is subject only to sections 38-33.3-106 and 38- 33.3-107 of the Act. In the event the said Act is repealed, the Act as it exists on the date this Declaration is recorded shall remain applicable. Declarant hereby declares that all of the said real property described on said Exhibits A and B shall be held and conveyed subject to the following covenants, conditions and restrictions, all of which are declared and agreed to be for the protection of the value of the said real property, and for the benefit of any persons having any right,title or interest in the said real property. Said covenants, conditions and restrictions shall be deemed to run with the land and shall be a burden and a benefit to any persons acquiring such interest, their grantees, heirs, legal representatives, successors and assigns, and acceptance of such interest by any such persons shall constitute such person=s agreement to be bound by the same. It is the purpose of these covenants that the present natural beauty and view, the natural growth and native setting and surrounding of THE SUMMIT AT MOUNTAIN VIEW always be protected as much as possible in connection with the uses and structures permitted by this instrument. Copyright 8 2002 By William A. Love All Rights Reserved ARTICLE ONE: DEFINITIONS As used in this Declaration,unless the context otherwise requires, the terms hereinafter set forth shall have the following meanings: 1.1 ACT means the Colorado Common Interest Ownership Act, C.R.S. ' 38-33.3-101, et seq., as it may be amended from time to time. 1.2 AGENCIES means and collectively refers to the Federal National Mortgage Association (FNMA),the Federal Home Loan Mortgage Corporation(FHLMC),the Department of Housing and Urban Development (HUD/FHA), the Veterans Administration(VA) or any other governmental or quasi-governmental agency or any other public, quasi-public or private entity which performs (or may in the future perform) functions similar to those currently performed by any of such entities. 1.3 ALLOCATED INTERESTS means the Common Expense Assessment Liability and the votes in the Association which are allocated to each of the Lots in the Planned Community. The formulas used to establish the Allocated Interests are as follows: (a) Common Expense Assessment Liability. All Common Expenses shall be levied against Lots on the basis of a fraction, the numerator of which is one and the denominator of which is the total number of Lots then within the Planned Community. (b) Votes. Owners shall be entitled to one vote for each Lot owned within the Planned Community;provided,however, in any election of directors, each Owner shall have the number of votes equal to the number of directors to be elected,to be cast no more than one vote per candidate (up to the number of directors to be elected). 1.4 ARTICLES means the Articles of Incorporation of the Association. 1.5 ASSESSMENTS mean the (a) Common Expense Assessments, (b) Special Assessments, (c) Individual Assessments, and(d) Fines levied pursuant to this Declaration. 1.6 ASSESSMENT LIEN means the statutory lien on a Lot for any Assessment levied against that Lot together with all Costs of Enforcement as herein defined. All Costs of Enforcement are enforceable as Assessments. If an Assessment is payable in installments,the full amount of the Assessment is a lien from the time the first installment becomes due. 1.7 ASSOCIATION means THE SUMMIT AT MOUNTAIN VIEW HOMEOWNERS ASSOCIATION, a Colorado nonprofit corporation, its successors and assigns, the Articles of Incorporation and Bylaws, of which along with this Declaration, shall govern the administration of 2 the Planned Community, the Members of which shall be all of the Owners of the Lots within the Planned Community. 1.8 BOARD OF DIRECTORS or BOARD means the Board of Directors of the Association duly elected pursuant to the Bylaws of the Association or appointed by Declarant as therein provided. The Board of Directors is the governing body of the Association and shall act on behalf of the Association. The term Board of Directors as used herein is synonymous with the term Executive Board as the latter term is used in the Act. 1.9 BUDGET means the annual budget of the Association prepared and adopted in accordance with Paragraph 4.10 hereof. 1.10 BYLAWS means the Bylaws which are adopted by the Board of Directors for the regulation and management of the Association. 1.11 COMMON AREAS means the real property (including all Common Area Improvements thereon) owned by the Association, all of which is held for the common use and enjoyment of the Owners, the description of which is more fully described on the attached Exhibit B, including the Common Open Space Lot all buildings, irrigation systems, fences and other improvements constructed on Common Open Space Lot_, and the private roads and utility easements within the Property, and all drainage facilities, detention ponds, and other drainage features installed by Declarant. The term Common Areas as used herein is synonymous with the term Common Elements as the latter term is used in the Act. 1.12 COMMON AREA IMPROVEMENTS means those Improvements located on the Common Areas,which are owned by the Association for the common use and enjoyment of the Owners and their Guests. 1.13 COMMON EXPENSE ASSESSMENTS means the funds required to be paid by each Owner in payment of such Owner's Common Expense Liability as more fully defined in Paragraph 5.2 hereof. 1.14 COMMON EXPENSE ASSESSMENT LIABILITY means the liability for the Common Expense Assessments allocated to each Lot determined in accordance with that Lot=s allocated Interests as set forth in Paragraph 1.3(a)hereof. 1.15 COMMON EXPENSES means expenditures made by or liabilities incurred by or on behalf of the Association, together with allocations to reserves. 3 1.16 COSTS OF ENFORCEMENT means all fees, late charges, interest and expenses, including receiver's fees, and reasonable attorneys' fees and costs incurred by the Association in connection with the collection of Assessments and Fines, and the enforcement of the terms, conditions and obligations of the Project Documents. 1.17 COUNTY means Weld County, Colorado. 1.18 DECLARANT means DNS DEVELOPMENT,LLC, a Colorado limited liability company, or its successors and assigns. A Person shall be deemed a Asuccessor and assign@ of Declarant only if'specifically designated in a duly recorded instrument as a successor or assign of the Declarant under this Declaration, and shall be deemed a successor and assign of Declarant only as to the particular rights or interests of the Declarant under this Declaration which are specifically designated in the written instrument. 1.19 DECLARANT RIGHTS means the development, special declarant and other rights granted to or reserved by Declarant of the benefit of Declarant as set forth in this Declaration and the Act. 1.20 DECLARATION means this Declaration, the Plat and any supplements and amendments thereto recorded in the Office of the County Clerk and Recorder. 1.21 DESIGN REVIEW COMMI I FEE means the Committee formed pursuant to ARTICLE SIX hereof to review and approve or disapprove plans for Improvements as defined herein as more fully provided for by this Declaration. 1.22 DESIGN REVIEW GUIDELINES means the DESIGN REVIEW GUIDELINES FOR THE SUMMIT AT MOUNTAIN VIEW, as amended and supplemented. These guidelines may be adopted by the Design Review Committee to implement and interpret the Design Review/Architectural Approval provisions of ARTICLE SIX of this Declaration. These guidelines may contain, among other things, guidelines that will clarify the design, materials,heights, size of structures and the maximum and minium setbacks that will be considered in Design Approval. 1.23 DWELLING UNIT OR UNIT means the residence constructed on each Lot within the Planned Community and any replacement thereof. Dwelling Unit shall include the Lot upon which such Dwelling Unit is constructed. 1.24 ELIGIBLE MORTGAGEE means a holder, insurer or guarantor of a First Security Interest who has delivered a written request to the Association containing its name, address,the legal description and the address of the Lot encumbered by its First Security Interest, requesting that the Association notify them on any proposed action requiring the consent of the specified percentage of Eligible Mortgagees. 1.25 FINES means those fines described in Paragraph 5.4(c) hereof. 4 1.26 FIRST MORTGAGEE means any Person which owns, holds, insures or is a guarantor of a Security Interest as herein defined,which is a First Security Interest encumbering a Lot within the Planned Community. A First Mortgagee shall also include the holder of executory land sales contracts wherein the Administrator of Veterans Affairs (Veterans Administration) is the Seller, whether such contract is recorded or not. 1.27 FIRST SECURITY INTEREST means a Security Interest (as hereinafter defined) that has priority of record over all other recorded liens except those liens made superior by statute (such as general ad valorem tax liens and special assessments). 1.28 GUEST means (a) any person who resides with an Owner within the Planned Community; (b) a guest or invitee of an Owner; (c) an occupant or tenant of a Dwelling Unit within the Planned Community, and any members of his or her household, invitee or cohabitant of any such person; or (d) a contract purchaser. 1.29 IMPACTED OWNER means an Owner who would reasonably be affected by any proposed Improvement, excluding the Owner making the proposal to the Committee. Impacted Owners are identified by the Design Review Committee and take into account the physical proximity of their Lots to the proposed Improvement and as well as other factors deemed pertinent by the Committee. 1.30 IMPROVEMENTS means: (a) all exterior improvements, structures, auxiliary structures and any appurtenances thereto or components thereof of every type or kind; (b) the grading, excavation, filling or similar disturbance to the surface of the land including, without limitation, change of grade, change of ground level, and change of drainage pattern; (c) all landscaping features, including, but not limited to, buildings, outbuildings, auxiliary buildings,patios,patio covers, awnings,painting or other finish materials on any visible structure, additions, walkways, sprinkler systems, garages, private drives, driveways, fences, screening walls, retaining walls, stairs, decks, landscaping, hedges, windbreaks, plantings, trees, shrubs, flowers,vegetables, sod, gravel, bark, exterior light fixtures,poles, signs, cooling, heating and water softening equipment; and (d)any change, alteration,modification, expansion, or addition to any previously approved Improvement, including any change of exterior appearance, finish material, color or texture. 1.31 LOT means each platted lot shown upon the Plat of the Planned Community which is subject to this Declaration, together with all appurtenances and improvements now or hereafter located 5 thereon. Lot shall include any Dwelling Unit constructed thereon as the term Dwelling Unit is herein defined. The term Lot as used herein is synonymous with the term Unit as the latter term is used in the Act. 1.32 LOTS THAT MAY BE CREATED means seven Lots, or the maximum number of Lots allowed by any governmental entity having jurisdiction over the Planned Community pursuant to any development plan, including those Lots made subject to the Declaration. Declarant shall not be obligated to expand the Planned Community beyond the number of Lots initially submitted to this Declaration. No Lot shall be re-subdivided nor shall any more than the maximum number of dwelling units allowed by State Law or County Ordinance be erected on any one Lot. In the event that the process of entitlement for Declarant to obtain Building Permits is placed on Ahold@ (e.g., moratorium, anti-growth legislation, etc.) for reasons beyond the control of Declarant,the time limitations set forth herein shall be extended until the impediment to entitlement is removed. 1.33 MANAGING AGENT means any one or more persons employed by the Association who is engaged to perform any of the duties,powers or functions of the Association. 1.34 MEMBER means each Owner, as defined in Paragraph 1.37 hereof. 1.35 MODIFICATION REVIEW COMMITTEE means the Committee formed pursuant to ARTICLE SIX hereof to review and approve or disapprove the plans for any modification, addition or alteration made on or to existing Improvements as defined herein as more fully provided for in this Declaration. 1.36 NOTICE AND HEARING means a written notice and an opportunity for a hearing before the Board of Directors in the manner provided in the Bylaws. 1.37 OWNER means the record Owner of the fee simple title to any Lot which is subject to this Declaration. 1.38 PARTICIPATING BUILDER means and refers to a Person or Persons who acquires a portion of the Planned Community for purposes of improving such Lots in accordance with any development plans for resale to third party purchasers, and who is designated by the Declarant as such by an instrument duly recorded in the Office of the County Clerk and Recorder. 1.39 PERIOD OF DECLARANT CONTROL means that period of time as defined in Paragraph 4.7 hereof. 6 1.40 PERSON means a natural person, a corporation, a partnership, an association, a trustee, a limited liability company,a joint venture, or any other entity recognized as being capable of owning real property under Colorado law. 1.41 PLANNED COMMUNITY means such real property and the improvements located thereon as more fully described on Exhibits A and B attached hereto. The name of the Planned Community is THE SUMMIT AT MOUNTAIN VIEW. 1.42 PLAT means the Final Plat of THE SUMMIT AT MOUNTAIN VIEW,a subdivision recorded in the records of the County Clerk and Recorder, and any supplements or amendments thereto. 1.43 PROJECT DOCUMENTS means this Declaration, the Plat, the Articles and the Bylaws, the Design Review Guidelines, as they may be amended or supplemented from time to time. 1.44 RULES means the Rules and Regulations adopted by the Board of Directors for the regulation and management of the Planned Community as amended from time to time. 1.45 SECURITY INTEREST means an interest in real estate or personal property created by contract which secures payment of an obligation. The term includes a lien created by a deed of trust, contract for deed, land or sales contract and UCC-1. 1.46 SPECIAL ASSESSMENTS means those Assessments defined in Paragraph 5.4(d) hereof. 1.47 VA AND/OR FHA APPROVAL means that the Planned Community has been or may be approved by the Veterans Administration and/or the Federal Housing Administration so that such agencies will insure or guarantee loans made upon the Lots within the Planned Community. 7 ARTICLE TWO: SCOPE OF THE DECLARATION 2.1 Property Subject to this Declaration. Declarant, as the Owner of fee simple title to the Planned Community, by recording this Declaration does hereby subject the Planned Community to the provisions of this Declaration. 2.2 Conveyances Subject to this Declaration. All covenants, conditions and restrictions which are granted or created by this Declaration shall be deemed to be covenants appurtenant to and running with the land, and shall at all times inure to the benefit of and be binding on any person having any interest in the Planned Community, their respective heirs, successors, personal representatives or assigns. Any instrument recorded subsequent to this Declaration and purporting to establish and effect any interest in the Planned Community shall be subject to the provisions of this Declaration despite any failure to make reference thereto. 2.3 Owner's Rights Subject to this Declaration. Each Owner shall own his or her Lot in fee simple and shall have full and complete dominion thereof, subject to the provisions of this Declaration. 2.4 Number of Lots. The number of Lots within the Planned Community is seven. 2.5 Identification of Lots. The identification number of each Lot is shown on the Plat of the Planned Community. 2.6 Lot Boundaries. The boundaries of each Lot are located as shown on the Plat of the Planned Community. 8 ARTICLE THREE: THE COMMON AREAS 3.1 Common Areas Dedication. Declarant, in recording the Plat of the Planned Community in the records of the County Clerk and Recorder,has designated certain areas of the Planned Community as Common Areas, more fully described on the attached Exhibit B. The Common Areas are not dedicated for use by the general public,but are dedicated to the common use and enjoyment of only the Owners of Lots located within the Planned Community and such Owners= Guests as more fully provided for in this Declaration. Said Plat is hereby incorporated herein and made a part of this Declaration. 3.2 Title to the Common Areas. Declarant hereby covenants that it will convey to the Association fee simple title to the Common Areas prior to the conveyance of the first Lot within the Planned Community to an Owner other than Declarant or Participating Builder. 3.3 Duty to Accept the Common Areas Transferred by Declarant. The Association shall accept title to said Common Areas and agrees to own and maintain any property, including all Common Area Improvements located thereon, and personal property relating thereto,transferred to the Association by Declarant as Common Areas. Any property or interest in property transferred to the Association by Declarant shall be transferred to the Association free and clear of all liens and monetary encumbrances (other than the lien of real estate taxes not then due and payable), subject to the covenants, easements and restrictions of record. 3.4 Duty to Manage and Care for the Common Areas. The Association shall manage, operate, care for, insure, maintain, repair, reconstruct, modify and improve all of the Common Areas and the Common Area Improvements located thereon and keep the same in an attractive and desirable condition for the use and enjoyment of all of the Owners and their Guests. 3.5 Owner's Rights in the Common Areas. Every Owner and such Owner's Guests shall have the right and easement of use and enjoyment in and to the Common Areas which shall be appurtenant to and shall pass with the title of the Lot to such Owner, subject to the Special Declarant Rights of Declarant reserved herein and the following rights of the Board of Directors: (a) To borrow money to improve the said Common Areas and to mortgage said Common Areas as security for any such loan; provided, however, that the Association may not subject any portion of the Common Areas to a security interest unless such is approved by Owners to which at least five of the votes in the Association are allocated, including five of the votes allocated to Lots not owned by Declarant as more fully set forth in'38-33.3-312 of the Act. (b) To convey or dedicate all or any part of the said Common Areas for such purposes and subject to such conditions as may be agreed to by the Owners to which at least five of the votes in the Association are allocated, including five of the votes allocated to Lots not owned by Declarant as more fully set forth in'38-33.3-312 of the Act. The granting of permits, licenses and easements shall not be deemed a conveyance or encumbrance within the meaning of this Paragraph as more fully set forth in'38-33.3-312 of the Act. 9 (c) To promulgate and adopt Rules and Regulations with which each Owner and their Guests shall strictly comply. (d) To suspend the voting rights of an Owner for any period during which any Assessment remains unpaid and, for a period not to exceed 60 days, for any infraction of the Declaration, Bylaws or Rules. (e) To take such steps as are reasonably necessary to protect the Common Areas against foreclosure. (f) To enter into, make,perform or enforce any contracts, leases, agreements, licenses, easements and rights-of-way, for the use of Common Areas by Owners and Guests for any purpose the Board may deem to be useful, beneficial or otherwise appropriate (also see Paragraph 4.13(b) hereof). (g) To close or limit the use of the Common Areas temporarily while maintaining, repairing and making replacements in the Common Areas, or permanently if approved by Members to which at least five of the votes in the Association are allocated, including five of the votes allocated to Lots not owned by Declarant as more fully set forth in'38-33.3-312 of the Act. (h) To make such use of the Common Areas as may be necessary or appropriate for the performance of the duties and functions which it is obligated or permitted to perform under this Declaration. (i) The rights granted to the Association and Board of Directors in Paragraph 4.13 hereof. 3.6 Delegation of Use. Any Owner may delegate his or her right of enjoyment to the Common Areas and facilities to their Guests. 10 ARTICLE FOUR: THE ASSOCIATION 4.1 Name. The name of the Association is THE SUMMIT AT MOUNTAIN VIEW HOMEOWNERS ASSOCIATION, and it is a Planned Community. 4.2 Purposes and Powers. The Association, through its Board of Directors, shall manage, operate, care for, insure, maintain, repair and reconstruct all of the Common Areas and Common Area Improvements and keep the same in an attractive and desirable condition for the use and enjoyment of all of the Owners and their Guests. Any purchaser of a Lot shall be deemed to have assented to, ratified and approval such designations and management. The Board of Directors shall have all of the powers, authority and duties permitted pursuant to the Act necessary and proper to manage the business and affairs of the Association. 4.3 Board of Directors/Managing Agent. The affairs of the Association shall be managed by a Board of Directors. By resolution the Board of Directors may delegate authority to a Managing Agent for the Association as more fully provided for in the Bylaws,provided no such delegation shall relieve the Board of final responsibility. 4.4 Articles and Bylaws. The purposes and powers of the Association and the rights and obligations with respect to Members set forth in this Declaration may and shall be amplified by provisions of the Articles and Bylaws, also see Paragraph 16.6 hereof. 4.5 Membership. Members of the Association shall be every record Owner of a Lot subject to this Declaration. Membership shall be appurtenant to and may not be separated from ownership of any Lot. Where more than one person holds interest in any Lot, all such persons shall be Members. The membership of the Association at all times shall consist exclusively of all Lot Owners or, following termination of the Planned Community, of all former Lot Owners entitled to distributions of the proceeds under'38-33.3-218 of the Act, or their heirs, personal representatives, successors or assigns. 4.6 Voting Rights. The Association shall have one class of voting membership. Owners shall be entitled to one vote for each Lot owned within the Planned Community; provided,however, in any election of directors, each Owner shall have the number of votes equal to the number of directors to be elected, to be cast no more than one vote per candidate (up to the number of directors to be elected). The vote for such Lot, the ownership of which is held by more than one Owner, may be exercised by any one of them unless an objection or protest by any other holder of an interest of the Lot is made prior to the completion of the vote, in which case the vote for such Lot shall be exercised as the persons holding such interest shall determine between themselves. Should the joint owners of a Lot be unable, within a reasonable time, to agree upon how they will vote any issue, they shall be passed over and their right to vote on such issue shall be lost. 11 4.7 Declarant Control of the Association. Subject to provisions of Paragraph 4.8 hereof, there is a "Period of Declarant Control" during which Period Declarant may appoint and remove any officer of the Association or any member of the Board of Directors. The Period of Declarant Control is a length of time expiring seven years after the recording of this Declaration; provided, however, the Period of Declarant Control in any event terminates no later than either: (a) 60 days after conveyance of six of the Lots That May Be Created to Owners other than Declarant or Participating Builder; (b)two years after the conveyance of the seventh Lot by Declarant in the ordinary course of business to Owners other than Declarant or Participating Builder; or (c) two years after any right to add new Lots to the Declaration was last exercised. In the event that the process of entitlement for Declarant to obtain Building Permits is placed on Ahold@ (e.g., moratorium, anti-growth legislation, etc.) for reasons beyond the control of Declarant,the time limitations set forth herein shall be extended until the impediment to entitlement is removed. Declarant may voluntarily surrender the right to appoint and remove officers and members of the Board of Directors before termination of the Period of Declarant Control. In that event, Declarant may require, for the duration of the Period of Declarant Control, that specified actions of the Board of Directors, as described in a recorded instrument executed by Declarant,be approved by Declarant before they become effective. 4.8 Election by Owners: Not later than 60 days after conveyance of two of the Lots That May Be Created to Owners other than Declarant or Participating Builder, at least one member of the members of the Board of Directors must be elected by Owners other than Declarant. Not later than 60 days after conveyance of four of the Lots That May Be Created to Owners other than Declarant or Participating Builder,not less than two members of the Board of Directors must be elected by Owners other than Declarant. Not later than the termination of the Period of Declarant Control as set forth in Paragraph 4.7 hereof, the Owners shall elect a Board of Directors consisting of three members, at least a majority of whom must be Owners other than Declarant. The Board of Directors shall elect the officers of the Association. The Owners' Board of Directors shall take office upon termination of the Period of Declarant Control upon election. 4.9 Delivery of Documents by Declarant. Within 60 days after the Owners other than Declarant elect a majority of the members of the Board of Directors, as set forth in Paragraph 4.8 hereof, Declarant shall deliver without charge to the Board of Directors all property of the Owners and of the Association relating to the Planned Community held by or controlled by Declarant, including, without limitation, the following items: (a) The original or a certified copy of the recorded Declaration,with all amendments and supplements thereto,the Articles, together with a current Certificate of Good Standing issued by the 12 Colorado Secretary of State, Bylaws, minute books, other books and records, including all income tax returns filed, and any Rules which may have been promulgated; (b) An accounting for Association funds and financial statements from the date the Association received funds and ending on the date the Period of Declarant Control ended in accordance with'38-33.3-303(9)(b) of the Act; (c) The Association funds or control thereof; (d) An inventory of and all of Declarant=s tangible personal property that has been represented by Declarant to be the property of the Association or that is necessary for and has been used exclusively in the operation and enjoyment of the Common Areas; (1) A copy (for the exclusive use of the Association) of any plans and specifications in Declarant=s possession used in the construction of any Common Area Improvements in the Common Areas; (1) All insurance policies then in force in which the Owners, the Association, or its directors and officers are named as insured persons; (g) Copies in Declarant=s possession of(i) any certificates of occupancy issued with respect to any Common Area Improvements and (ii) any other permits issued by governmental bodies applicable to the Planned Community and which are currently in force or which were issued within one year prior to the date on which Owners other than Declarant took control of the Association; (h) Written warranties of the contractor, subcontractors, suppliers and manufacturers that are assignable and still effective (to the extent not already assigned); (i) A roster of Owners and Eligible Mortgagees and their addresses and telephone numbers, if known, as shown on Declarant's records; (j) Employment contracts in which the Association is a contracting party; (k) Any service contract in which the Association is a contracting party or in which the Association of the Owners have any obligation to pay a fee to the persons performing the services; and (12) Recorded deeds conveying the Common Areas to the Association. 4.10 Budget: 13 (a) Annual Budget. In accordance with' 38-33.3-303 of the Act, the Board of Directors shall cause to be prepared, at least 60 days prior to the commencement of each calendar year, a Budget for such calendar year. Within 30 days after the adoption of any Budget by the Board,the Board shall mail, by ordinary first-class mail, or otherwise deliver,a summary of the Budget to each Owner and shall set a date for a meeting of the Owners to consider ratification of the Budget not less than 14 days nor more than 60 days after delivery of the summary. Unless at that meeting Owners to which at least five of the votes in the Association are allocated reject the Budget, the Budget shall be deemed ratified whether or not a quorum is present. In the event the Budget is rejected, the Budget last ratified by the Owners must be continued until such time as the Owners ratify a subsequent budget adopted by the Board of Directors. (b) Amended Budget. If the Board of Directors deems it necessary or advisable to amend a Budget that has been ratified by the Owners pursuant to Paragraph 4.10(a) above, the Board may adopt a proposed amendment to the Budget, deliver a summary of the proposed amendment to all Owners and set a date for a meeting of the Owners to consider ratification of the proposed amendment. The date of such meeting shall not be less than 14 days, nor more than 60 days, after the delivery of the summary of the proposed amendment. Unless at that meeting Owners to which at least five of the votes in the Association are allocated reject the amended Budget,the amended Budget shall be deemed ratified whether or not a quorum is present. 4.11 Association Agreements. Any agreement for professional management of the Planned Community or any contract providing for services of Declarant,may not exceed one year. Any such agreement must provide for termination by either party without cause and without payment of a termination fee or penalty upon 30 days written notice. The Association shall not be bound either directly or indirectly to contracts or leases (including management contracts) entered into during the Period of Declarant Control unless the Association is provided with a right of termination of any such contract or lease without cause, which is exercisable without penalty at any time after such conversion upon not more than 30 days' notice to the other party thereto. 4.12 Indemnification. Each Officer, Director and committee member of the Association shall be indemnified by the Association against all expenses and liabilities including attorney 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, Director or committee member of the Association, or any settlements thereof, whether or not he or she is an Officer, Director or committee member of the Association at the time such expenses are incurred, to the full extent permitted by Colorado law. 4.13 Certain Rights and Obligations of the Association: 14 (a) Attorney-in-Fact: This Declaration does hereby make mandatory the irrevocable appointment of an attorney-in-fact as herein provided to deal with the Planned Community upon its damage, destruction, condemnation and/or obsolescence. The Board of Directors is hereby irrevocably appointed attorney-in-fact for the Owners, and each of them, to manage, control and deal with the interest of such Owner in the Common Areas so as to permit the Association to fulfill all of its duties and obligations hereunder and to exercise all of its rights hereunder,to deal with the Planned Community upon its destruction, condemnation or obsolescence as hereinafter provided. Acceptance of any interest in any Lot shall constitute an appointment of the Board of Directors as attorney-in-fact as provided above and hereinafter. The Board of Directors shall be granted all of the powers necessary to govern,manage,maintain, repair, administer and regulate the Planned Community and to perform all of the duties required of it. (b) Contracts, Easements and Other Agreements: Subject to Paragraph 4.11 above, the Board of Directors shall have the right to enter into, grant, perform, enforce, cancel and vacate: contracts, easements,licenses, leases,agreements, and/or rights-of-way, for the use by Owners,their Guests, and other persons, concerning the Common Areas (see also Paragraph 3.5(1)hereof). Any of such contracts, licenses, leases, agreements, easements and/or rights-of-way, shall be upon such terms and conditions as may be agreed to from time to time by the Board of Directors, without the necessity of the consent thereto, or joinder therein, by the Owners or First Mortgagees. (c) Other Association Functions: The Association may undertake any activity, function or service for the benefit of or to further the interests of all, some or any Members on a self- supporting, Special Assessment or Common Expense Assessment basis. (d) Implied Rights: The Board of Directors shall have and may exercise any right or privilege given to it expressly by this Declaration, or reasonably to be implied from the provisions of this Declaration, or given or implied by law, or which may be necessary or desirable to fulfill its duties, obligations, rights or privileges. 4.14 Certain Rights and Obligations of Declarant and Participating Builder. So long as there are unsold Lots within the Planned Community owned by Declarant and/or Participating Builder, Declarant and Participating Builder shall enjoy the same rights and assumes the same duties as they relate to each individual unsold Lot. 4.15 Disclaimer Regarding Security. The Association may, but shall not be obligated to, take measures or maintain or support certain activities within the Planned Community designed to make the Planned Community more secure than it otherwise might be. Neither the Association nor Declarant or any representative or agent or either of them, shall in any way be considered insurers or guarantors of safety or security within the Planned Community,nor shall either of them be held liable of any loss or damage by reason of failure to provide adequate security or of the ineffective- 15 ness of any such security measures taken. No representation or warranty is made that any fire protection system, burglar alarm system or to the security system cannot be compromised or circumvented,nor that any such systems or security measure undertaken will prevent loss or provide the detection or protection for which the system is designed or intended. 16 ARTICLE FIVE: ASSESSMENTS 5.1 Obligation. Each Owner, including Declarant, shall be personally obligated to pay to the Association (a) Common Expense Assessments, (b) Special Assessments, (c) Fines, (d) Individual Assessments, and (e) Costs of Enforcement, which shall be a continuing lien upon the Lot against which each such Assessment is levied. The obligation for such payments by each Owner to the Association is an independent personal covenant with all amounts due, from rime to time,payable in full when due without notice or demand and without setoff or deduction. All Owners of each Lot shall be jointly and personally liable to the Association for the payment of all Assessments and Costs of Enforcement attributable to their Lot. The personal obligation for delinquent assessments shall not pass to such Owner's successors in title unless expressly assumed by them. The omission or failure of the Board of Directors to levy Assessments for any period shall not be deemed a waiver, modification or a release of the Owners from their obligation to pay. No Owner may waive or otherwise escape liability for the Common Expense Assessment provided for herein by the non-use of the Common Areas or the abandonment of such Owner=s Lot. 5.2 Purpose of the Common Expense Assessments. The Assessments levied by the Association shall be used exclusively for the purpose of promoting the welfare and interests of the residents of the Planned Community and the Members of the Association including (a) providing for the administration and management of the Planned Community, (b) providing for the upkeep, improvement, repair, maintenance and reconstruction for the Common Areas and Common Area Improvements, (c) providing blanket hazard insurance for the insurable Common Area Improve- ments, (d) providing liability insurance to cover incidents occurring on the Common Areas, (e) performing all other obligations of the Association hereunder and under the other Project Documents, and (f) satisfying any other purpose reasonable, necessary or incidental to such purposes. Assessments shall include the establishment and maintenance of a Reserve Fund for those items which the Association has an on going duty to repair, maintain or reconstruct on a periodic basis,provided,however, that such assessments levied during the Period of Declarant Control may not be used for the purposes of constructing capital improvements. 5.3 Date of Commencement of the Assessments; Declarant=s Right Of Offset. The Common Expense Assessment shall commence as to all Lots no later than 60 days after the first Lot is conveyed to an Owner other than Declarant or Participating Builder. Until the commencement of the collection of the Common Expense Assessment,Declarant shall pay all of the expenses incurred and paid for by the Association. Declarant may at any time advance operating funds to the Association. Declarant shall be entitled to offset such amounts so paid or advanced as a credit against future Common Expense Assessments payable by Declarant. 17 5.4 Levy of Assessments and Fines: (a) Common Expense Assessments: Common Expense Assessments shall be levied on all Lots based upon a Budget of the Association's cash requirements. The Common Expense Assessment Liability shall be allocated among the Lots in accordance with that Lot's Common Expense Assessment Liability as set forth in Paragraph 1.3 hereof and shall commence in accordance with Paragraph 5.3 hereof. To the extent that any Common Expenses or a portion thereof benefit fewer than all of the Lot Owners, such expenses may be assessed exclusively against the Lots benefitted as provided in C.R.S. ' 38-33.3-315(3)(b) of the Act. (b) Individual Assessments: The Board of Directors shall have the right to individually levy upon any Owner or Owners amounts as provided for by this Declaration, to include but not be limited to, charges levied under Paragraphs 6.16, 7.5, 7.14, 7.15, 7.17, 9.2, 9.6, 10.2, 10.3 11.4 and 11.6 hereof. No Individual Assessment shall be levied until the Owner or Owners to be charged have been given a Notice and Hearing as provided for in the Bylaws. Individual Assessments shall be collected as part of the Costs of Enforcement. Individual Assessments may be levied at any time as required and are exempt from any voting requirements by the membership required by other Assessments called for under the Declaration. (c) Fines: The Board of Directors shall have the right to levy a Fine against an Owner or Owners for each violation of this Declaration,the Bylaws,the Articles and the Rules. No such Fine shall be levied until the Owner or Owners to be charged have been given a Notice and Hearing as provided for in the Bylaws. Fines may be levied in a reasonable amount as determined from time to time by the Board of Directors in its discretion and uniformly applied. Fines shall be collected as part of the Costs of Enforcement. Fines may be levied at any time as required and are exempt from any voting requirements by the membership required for other Assessments called for under the Declaration. (d) Special Assessments: In addition to the other Assessments authorized herein, the Board of Directors, subject to the requirements set forth below, may levy a Special Assessment for the purpose of defraying, in whole or in part, any unexpected expense to include but not be limited to, the cost of any construction, reconstruction, improvement, repair or replacement of a capital improvement upon the Common Areas, including fixtures and personal property relating thereto, or for the funding of any operating deficit incurred by the Association provided that any such Assessment shall have the approval of Owners to whom at least five percent of the votes in the Association are allocated, who are voting in person or by proxy at a meeting duly called for this purpose. 18 Any such Special Assessment shall be levied against each Lot in accordance with that Lot's Common Expense Liability determined in accordance with Paragraph 1.3 hereof. Notwithstanding the foregoing, Special Assessments levied during the Period of Declarant Control may not be used for the purpose of constructing capital improvements. If the Planned Community has been or may be approved by the Federal Housing Administration and/or Veterans Administration,then until the termination of the Period of Declarant Control all Special Assessments for capital improvements in addition to the approval of the Owners as required above will require the written consent of the Veterans Administration and/or the Federal Housing Administration. 5.5 Due Date. Fines and Individual Assessments shall be due and payable as established by the Board of Directors. All other Assessments shall be levied on an annual basis and shall be due and payable in installments, in advance, in such frequency as the Board of Directors determines in its discretion from time to time, provided that the initial assessments shall be adjusted to reflect the time remaining in the first Association's fiscal year. Any Owner purchasing a Lot between annual due dates shall pay a prorated share. Special Assessments shall be due and payable as established by the Board of Directors but may be payable on an installment basis as determined by the Board. Written notice of all Assessments shall be sent to each Owner subject thereto specifying the type of Assessment, the amount and the date such Assessment is due. Mortgagees are not required to collect Assessments. 5.6 Remedies for Nonpayment of Assessments. If any Assessment (to include Costs of Enforce- ment) is not fully paid within 15 days after the same becomes due and payable, then interest shall accrue at the default rate set by the Board of Directors on any amount of the Assessment in default accruing from the due date until date of payment, and the Board may assess a Late Fee in an amount as determined in the Board's discretion. In addition the Board may in its sole discretion: (a) accelerate and declare immediately due and payable all unpaid installments of the Assessment payable for the balance of the fiscal year during which such default occurred; (b) bring an action at law against any Owner personally obligated to pay the Assessment and obtain a judgment for the amounts due; and (c) proceed to foreclose its lien against the Lot pursuant to the power of sale granted to the Association by this Declaration in the manner and form provided by Colorado law for foreclosure of real estate mortgages. 19 An action at law or in equity by the Association against an Owner to recover a judgment for unpaid Assessments may be commenced and pursued by the Association without foreclosing or in any way waiving the Association's lien for the Assessments. Failure to pay assessments does not constitute a default under an insured mortgage. 5.7 Assessment Lien. The Association is hereby granted an Assessment Lien against each Lot for any Assessment levied by the Board of Directors and for Costs of Enforcement levied against such Lot Owners when the Lot Owner fails to pay as required by the Declaration. All Costs of Enforcement incurred pursuant to this Declaration are enforceable as Assessments. If an Assessment is payable in installments, the full amount of the Assessment is a lien from the time the first installment thereof becomes due. The Association's lien on a Lot for Assessments shall be superior to all other liens and encumbrances on a Lot except the following: (a) liens and encumbrances recorded prior to the recording of this Declaration; (b) real property ad valorem taxes and special assessment liens duly imposed by Colorado governmental or political subdivision or special taxing district, or any other liens made superior by statue; and (c) the lien of any loan evidenced by a first mortgage or deed of trust and any executory land sales contract wherein the Administrator of Veterans Affairs (Veterans Administration) is seller, whether such contract is owned by the Veterans Administration or its assigns, and whether such contract is recorded or not, except to the extent the Act grants priority for Assessments to the Association. The Act does not affect the priority of mechanics' or materialmen's liens. Recording of the Declaration constitutes record notice and perfection of the lien. No further recordation of any claim of lien for Assessments under this Article is required. However,the Board of Directors may prepare, and record in the Office of the County Clerk and Recorder, a written notice setting forth the amount of the unpaid indebtedness, the name of the Owner of the Lot, and a description of the Lot. If a lien is filed,the cost thereof shall be considered a Cost of Enforcement. Sale or transfer of any Lot shall not affect the lien for said Assessments except that sale or transfer of any Lot pursuant to foreclosure by any First Mortgagee,or any proceeding in lieu thereof, including deed in lieu of foreclosure, or cancellation or forfeiture shall only extinguish the Assessment Lien only to the extent provided by Colorado law. No such sale, deed in lieu of foreclo- sure, nor cancellation or forfeiture shall relieve any Lot Owner from continuing liability for any Assessment thereafter becoming due, nor from the lien thereof. 20 Any First Mortgagee who acquires title to a Lot by virtue of foreclosing a first deed of trust or mortgage or by virtue of a deed in lieu of foreclosure will take the Lot free of any claims for unpaid Assessments and Costs of Enforcement against that Lot which have accrued prior to the time such First Mortgagee acquires title to the Lot, except to the extent the Act grants lien priority for Assessments of the Association. In any action by an Association to collect Assessments and Costs of Enforcement or to foreclose a lien for unpaid Assessments, the court may appoint a receiver for the Owner to collect all sums alleged to be due from the Owner prior to or during the pending of the action. The court may order the receiver to pay any sums held by the receiver to the Association during the pending of the action to the extent of the Association's Common Expense Assessments and Costs of Enforcement. The rights of the Association shall be expressly subordinate to the rights of any First Mortgagee of a Lot under any assignment of rents given in connection with a first deed of trust or mortgage. The Assessment Lien hereby given shall also be a lien upon all of the rents and profits of the encumbered Lot; provided, however, the lien shall be subject and subordinate to the rights of any First Mortgagee of a Lot under any assignment of rents given in connection with a first deed of trust or mortgage. Without prejudice to any other right or remedy,the Association may exercise its lien rights to rents and profits by delivering a Notice of Exercise to the occupant or any payor of rents and profits, and thereafter shall be entitled to collect all such rents and profits to the extent of any delinquency. The Association's lien on a Lot for Assessments and Costs of Enforcement shall be superior to any homestead exemption now or hereafter provided by the laws of the State of Colorado or any exemption now or hereafter provided by the laws of the United States. The acceptance of a deed to a Lot subject to this Declaration shall constitute a waiver of the homestead and any other exemption as against said Assessment Lien. 5.8 Assignment of Assessments. The Board of Directors shall have the unrestricted right to assign its right to receive Common Expense Assessments and other future income, either as security for obligations of the Association or otherwise, on the condition that any such assignment is approved in writing by Owners to which at least five of the votes in the Association are allocated, including five of the votes allocated to Lots not owned by Declarant. 5.9 Surplus Funds. Any surplus funds of the Association remaining at the close of the Association's fiscal year after payment of the Association=s expenses and funding the Reserve Fund shall be retained by the Association as unallocated reserves and need not be credited to the Owners to reduce their future Assessment Liability. 21 5.10 Working Capital Fund. At the closing of the initial sale, and each subsequent resale, of a Lot to an Owner other than Declarant or Participating Builder, a non-refundable contribution shall be made by such Owner or subsequent Owner to the Working Capital Fund of the Association in an amount equal to two months Common Expense Assessment then in effect. Said contribution shall be collected and transferred to the Association at the time of closing of the sale of each Lot and shall be held by the Association for the use and benefit of the Association including meeting unforeseen expenditures or purchasing additional equipment or services. Such contribution to the Working Capital Fund shall not relieve an Owner from making regular payments of Assessments as the same become due. Upon the later sale or transfer of his or her Lot, an Owner shall NOT BE ENTITLED to a credit from the Association for the aforesaid contribution. Declarant is prohibited from using the Working Capital Fund to defray any of its expenses, reserve contributions or construction costs, or to make up any budget deficits during Declarant Control Period. 5.11 Certificate of Status of Assessments. The Association shall furnish to an Owner or such Owner's First Mortgagee upon written request delivered personally or by certified mail, first class postage prepaid,return receipt requested, to the Association's Registered Agent, a written statement setting forth the amount of unpaid Assessments currently levied against such Owner's Lot. The statement shall be furnished within 14 business days after receipt of the request and is binding upon the Association,the Board of Directors, and every Owner. If no statement is furnished to the Owner or First Mortgagee, delivered personally or by certified mail, first class postage prepaid, return receipt requested to the inquiring party, then the Association shall have no right to assert a priority lien upon the Lot for unpaid Assessments which were due as of the date of the request (See C.R.S. '38-33.3-316). 5.12 No Offsets. All Assessments shall be payable in the amounts specified in the levy thereof,and no offsets or reduction thereof shall be permitted for any reason including, without limitation, any claim that the Association or the Board of Directors is not properly exercising its duties and powers under this Declaration. Declarant is exempt from the requirements of this Paragraph 5.12. 22 ARTICLE SIX: ARCHITECTURAL APPROVAL/DESIGN REVIEW 6.1 Generally. Each Improvement as defined in Paragraph 1.30 hereof must be constructed,and may thereafter only be removed, altered or modified, in accordance with the ADesign Guidelines,@ if available, and approved in accordance with ARTICLE SIX. The strict application of the following limitations and restrictions in any specific case may be modified or waived in whole or in part by the Committee if such strict application would be unreasonable or unduly harsh under the circumstances. Any such modification or waiver must be in writing. 6.2 Committee Approval of Improvements Required. The approval by the Design Review Committee (the ACommittee®) shall be required prior to the commencement of the construction, alteration, modification, expansion, addition, removal, demolition or destruction of any Improve- ments on any portion of the Planned Community, including any change of exterior appearance, finish material, color or texture, except, in any such case,by Declarant with respect to any original first built Improvements constructed by Declarant. This approval of the Committee is in addition to the review and approval by the County. A purchase of any Lot within the Planned Community does not grant any implied guarantee of approval of the Improvement to be located thereon by the Committee. No permission or approval shall be required to rebuild in accordance with originally approved plans and specifications. Nothing contained herein shall be construed to limit the right of an Owner to remodel the interior of his or her Dwelling Unit. 6.3 Membership of the Committee. The Committee shall consist of up to three members,the initial number and the members of which shall be determined by Declarant in its sole discretion. Declarant shall have the continuing right to appoint and reappoint the members of the Committee, which right shall terminate at the option of Declarant but in any event shall terminate without further act or deed upon the completion of construction of the last Dwelling Unit within the Planned Community, the provisions of Paragraph 12.3 hereof not withstanding. Thereafter, the Committee shall consist of three members, and the Board of Directors shall have the right to appoint the members of the Committee. Members of the Committee appointed by the Board of Directors must be Members of the Association. Members of the Committee appointed by Declarant may be removed at any time by Declarant and shall serve until resignation or removal by Declarant. Members of the Committee appointed by the Board of Directors may be removed at any time by the Board, and shall serve for such term as may be designated by the Board or until resignation or removal by the Board. 6.4 Address of the Committee. The address of the Committee shall be that of the principal office of the Association. 23 6.5 Submission of Plans/Design Review Fee. Prior to commencement of work to accomplish any proposed Improvement,the Person proposing to make such Improvement("Applicant") shall submit to the Committee, at its offices, or at such other place as the Committee may designate, such descriptions, surveys,plot plans, drainage plans, elevation drawings, construction plans, specifica- tions and samples of materials and colors as the Committee shall reasonably request, showing the nature, kind, shape, height, width, color, materials, and location of the proposed Improvement. The Committee may, in its guidelines or rules, provide for the payment of a fee to accompany each request for approval of any proposed Improvement. The Committee may provide that the amount of such fee shall be uniform for similar types of any proposed Improvements or that the fee shall be determined in any other manner, such as the estimated cost of the proposed Improvement. Said fee may be used to compensate any consultant as the Committee deems necessary to assist the Committee in the performance of its duties. Members of the Committee may be reimbursed for services rendered and for directly related out-of-pocket expenses. The Committee may require submission of additional plans, specifications or other information prior to approving or disapproving the proposed Improvement. Until receipt by the Committee of all required materials in connection with the proposed Improvement, the Committee may postpone review of any materials submitted for approval by a particular Applicant. Except as provided in Paragraph 6.2 hereof,no Improvement of any kind shall be erected, altered, placed, or maintained within the Planned Community unless and until the final plans, elevations, and specifications therefor have received written approval by the Committee as herein provided. 6.6 Delegation/Waiver. The Committee may at its discretion delegate to the Board of Directors or Modification Review Committee any of its powers granted to it by this Article by written notice to the Board of Directors indicating what powers and authority are granted to the Board or to the Modification Review Committee. Such delegation shall be effective from the date such notice is given. The approval or consent of the Committee, any representative thereof, or the Board of Directors, to any application for architectural approval shall not be deemed to constitute a waiver of any right to withhold or deny approval or consent by the Committee, any representative thereof, or the Board of Directors, as to any application or other matters whatsoever as to which approval or consent may subsequently or additionally be required. The Committee may waive or grant reasonable variances or adjustments to any provision of this ARTICLE SIX in the event there is a practical difficulty or unnecessary hardship. 6.7 Criteria for Approval. The question of reasonableness and good faith is the standard applicable in reviewing plans for approval by the Committee. The Committee shall have the right to disapprove any proposed Improvement which is not in accordance with the Design Guidelines, or is not suitable or desirable in the Committee's opinion for aesthetic or other reasons. 24 In passing upon the Improvement, the Committee shall have the right to take into consideration the suitability of the proposed Improvement and of the materials of which it is to be built, the color scheme, the site upon which it is proposed to erect the same, the harmony thereof with the surroundings, the topography of the land and the effect of the Improvement as planned on the outlook from the adjacent or neighboring Lots, and if it is in accordance with all of the provisions of this Declaration. The Committee may disapprove the proposed Improvement if the plans and specifications submitted are incomplete, or in the event the Committee deems the materials submitted be contrary to the spirit or intent of the Declaration. The Committee may condition its approval of any proposed Improvement upon the making of such changes thereon as the Committee may deem appropriate. 6.8 Decision of the Committee. The decision of the Committee shall be made within 30 days after receipt by the Committee of ALL materials required by the Committee unless such time period is extended by mutual agreement. The decision shall be in writing and, if the decision is not to approve a proposed Improvement, the reasons therefor shall be stated. The decision of the Committee shall be promptly transmitted to the Applicant at the address furnished by the Applicant to the Committee. A majority vote of the Committee shall constitute the action of the Committee. The Committee shall report in writing to the Board of Directors all final actions of the Committee if requested by the Board of Directors. The Committee shall not be required to keep the materials submitted beyond one year from date of approval or two years from the date of the completion of the Improvement to be constructed, which ever shall be the last to occur. 6.9 Appeal to the Board of Directors. If the Committee disapproves or imposes conditions on the approval of a proposed Improvement,the Applicant may appeal to the Board of Directors by giving written notice of such appeal to the Board of Directors and the Committee within 10 days after notice of such disapproval or conditional approval is given to the Applicant. The Board of Directors shall hear the appeal with reasonable promptness after reasonable notice of such hearing to the Applicant and the Committee and shall decide, with reasonable promptness, whether or not the proposed Improvement or the conditions imposed by the Committee shall be approved, disapproved or modified. If the Committee approves a proposed Improvement, any Impacted Owner created by the Committee=s decision may appeal the approval to the Board of Directors by giving written notice of such appeal to the Board of Directors,the Committee and the Applicant within 10 days after such approval. 25 The Board of Directors shall hear the appeal with reasonable promptness after reasonable notice of such hearing to the Applicant, the Impacted Owner and the Committee. The Committee shall decide with reasonable promptness,whether or not the proposed Improvement=s approval shall be upheld. The decision of the Board of Directors shall be final and binding on the parties concerned. 6.10 Failure of Committee to Act on Plans. Any request for approval of a proposed Improvement shall be deemed approved,unless disapproval or a request for additional information or materials is transmitted to the Applicant by the Committee within 30 days after the date of receipt by the Committee of ALL necessary materials as determined by the Committee. 6.11 Prosecution of Work After Approval. After approval of any proposed Improvement, the proposed Improvement shall be accomplished as promptly and diligently as possible and in complete conformity with the description of the proposed Improvement, any materials submitted to the Committee in connection with the proposed Improvement and any conditions imposed by the Committee. Failure to complete any proposed Improvement within one year from the date of the commencement of construction(commencement of excavation) shall constitute noncompliance with this Article unless extended by the Committee. 6.12 Notice of Completion. Upon completion of the Improvement,the Applicant shall give written Notice of Completion to the Committee. Until the date of receipt of a Notice of Completion, the Committee shall not be deemed to have notice of completion of any Improvement. 6.13 Inspection of Work. The Committee or its duly authorized representative shall have the right to inspect any Improvement prior to or after completion;provided that the right of inspection shall terminate 30 days after the Committee receives a Notice of Completion from the Applicant. 6.14 Notice of Noncompliance. If, as a result of inspections or otherwise, the Committee finds that any Improvement has been done without obtaining the approval of the Committee, or was not done in substantial compliance with the description and materials furnished to, and any conditions imposed by, the Committee, or was not completed within 12 months from the date of the commencement of construction, the Committee shall notify the Applicant in writing of the noncompliance; which notice shall be given, in any event within 30 days after the Committee has inspected the Improvement, but in no event no later than 30 days after the Committee's receipt of such Applicant's Notice of Completion. The Notice shall specify the particulars of the noncompli- ance and shall require the Applicant to take such action as may be necessary to remedy the noncompliance. 6.15 Failure of Committee to Act After Completion. If, for any reason other than the Applicant's act or neglect, the Committee fails to notify the Applicant of any noncompliance within 30 days after receipt by the Committee of written Notice of Completion from the Applicant, the Improvement shall be deemed to be in compliance if the Improvement was, in fact, completed as of the date of Notice of Completion. 26 6.16 Appeal to the Board of Directors of Finding of Noncompliance. If the Committee gives any Notice of Noncompliance, the Applicant may appeal to the Board of Directors by giving written notice of such appeal to the Board and the Committee within 10 days after receipt by the Applicant of the Notice of Noncompliance. If, after a Notice of Noncompliance, the Applicant fails to commence diligently to remedy such noncompliance, the Committee shall request a finding of noncompliance by the Board of Directors by giving written notice of such request to the Board of Directors and the Applicant within 30 days after delivery to the Applicant of a Notice of Noncompliance. In either event,the Board of Directors after Notice and Hearing shall decide, with reasonable promptness, whether or not there has been such noncompliance and, if so,the nature thereof. 6.17 Correction of Noncompliance. If the Board of Directors determines that a noncompliance exists,the Applicant shall remedy or remove the same within a period of not more than 30 days from the date of receipt by the Applicant of the ruling of the Board of Directors. If the Applicant does not comply with the Board's ruling within such period, the Board may, at its option,record a "Notice of Noncompliance" against the Lot on which the noncompliance exists, or may remove the noncom- plying Improvement or may otherwise remedy the noncompliance. The Board may levy an Individual Assessment in accordance with Paragraph 5.4(b) hereof against the Owner of such Lot for such costs and expenses incurred. The right of the Board of Directors to remedy or remove any noncompliance shall be in addition to all other rights and remedies which the Board of Directors may have at law, in equity, or under this Declaration. 6.18 Meetings of the Committee. The Committee shall meet from time to time as necessary to perform its duties hereunder. 6.19 No Implied Waiver or Estoppel. No action or failure to act by the Committee or by the Board of Directors shall constitute a waiver or estoppel with respect to future action by the Committee or the Board of Directors. Specifically, the approval by the Committee of any Improvement shall not be deemed a waiver of any right or an estoppel to withhold approval or consent for any similar Improvement or similar proposals, plans, specifications or other materials submitted with respect to any other Improvement. 6.20 Estoppel Certificates. The Board of Directors shall, upon the reasonable request of any interested party and after confirming any necessary facts with the Committee, furnish a certificate with respect to the approval or disapproval of any Improvement or with respect to whether any Improvement was made in compliance herewith. Any person, without actual notice to the contrary, shall be entitled to rely on said certificate with respect to all matters set forth therein. 27 6.21 Architectural Standards/Design Guidelines. The Committee may promulgate rules and regulations to interpret and implement the provisions of this Article. These rules and regulations shall be known as the "Design Review Guidelines" and shall contain, among other things,guidelines which will clarify the types of designs and materials that will be considered in design approval. The Applicant shall be responsible to apply for all permits and approvals required by the County. The Committee may review and revise the said Design Review Guidelines from time to time in its sole discretion so long as said guidelines are not discriminatory and are uniformly applied. 6.22 Modification Review Committee. The Modification Review Committee shall consist of three members, all of whom shall be appointed in accordance with Paragraph 6.2 hereof. The Modifica- tion Review Committee shall have jurisdiction over modifications, additions or alterations made on or to existing Improvements if such jurisdiction is delegated to it in writing by the Committee. The Modification Review Committee shall promulgate detailed Standards and Procedures governing its area of responsibility and practice. In addition thereto, the following shall apply: Plans and specifications showing the nature,kind, shape, color, size, materials and location of such modifications, additions or alterations shall be submitted to the Modification Review Committee for approval as to quality of workmanship and design and harmony in relation to the surrounding structures, topography and finish grade level. In the event the Modification Review Committee fails to approve or to disapprove such plans or to request additional information reasonably required within 30 days after submission,the plans shall be deemed approved. 6.23 No Liability for Committee Action. There shall be no liability imposed on the Design Review Committee or the Modification Review Committee, any member of said Committees,any authorized representative of said Committees, the Association, any member of the Board of Directors or Declarant for any loss, damage or injury arising out of or in any way connected with the perfor- mance of the duties of the Committees, if such party acted in good faith and without malice. In reviewing any matter, the Committees shall not be responsible for passing on safety, whether structural or otherwise, or conformance with building codes or other governmental laws or regulations, nor shall its approval of an Improvement be deemed approval of such matters. 28 ARTICLE SEVEN: LAND USE AND OTHER RESTRICTIONS 7.1 Limitations and Restrictions. All Lots and Common Areas shall be used and enjoyed subject to the following limitations and restrictions, and subject to the exemptions for Declarant as set forth in this Declaration. The strict application of the following limitations and restrictions in any specific case may be modified or waived in whole or in part by the Committee if such strict application would be unreasonable or unduly harsh under the circumstances. Any such modification or waiver must be in writing. 7.2 Land Use and Occupancy. Each Owner shall be entitled to the exclusive ownership and possession of such Owner=s Lot and Dwelling Unit. Subject to Declarant Rights reserved or described herein and the exemptions for Declarant set forth in Paragraph 7.26 hereof, no Dwelling Unit within the Planned Community shall be used for any purpose other than single-family residential purposes as generally defined, provided however, Owners may conduct business activities within their Dwelling Unit provided that all of the following conditions are satisfied in the sole discretion of the Board of Directors: (a) the business conducted is clearly secondary to the residential use of the Dwelling Unit and is conducted entirely within the Dwelling Unit; (b) the existence or operation of the business is not detectable from outside of the Dwelling Unit by sight, sound, smell or otherwise, or by the existence of signs indicating that a business is being conducted; (c) the business does not result in an undue volume of traffic or parking within the Planned Community, which determination shall be made by the Board of Directors in its sole discretion from time to time; (d) the business conforms to all zoning requirements and is lawful in nature; (e) the business conforms to any rules and regulations that may be imposed by the Board of Directors from time to time on a uniform basis. Uses described as Aday care® or Achild care® facilities (licensed or unlicenced) are expressly prohibited except with the prior written permission of the Board of Directors. 7.3 Building Locations, Height Restrictions and Lot Coverage. The Committee shall approve the location,height and square footage of any Improvement placed on any Lot. No Improvement shall exceed 35 feet in height or any such more restrictive standard as set forth in the County's Building Code or approved Development Plan, if any. Every building, structure or any other improvements to a Lot must be located within the building envelope as designated in the recorded Plat. Such approval must be obtained before commencement of any construction or alteration in accordance with ARTICLE SIX hereof. 7.4 Temporary Structures. No trailer, tent or other mobile Dwelling Unit(except in accordance with Paragraph 7.15 hereof) detached garage, shed or outbuilding or other auxiliary structure or building shall be placed or erected upon part of the Planned Community except with the prior written approval of the Committee obtained in each instance. No Dwelling Unit located upon the Planned Community shall be occupied in any manner at any time prior to its being fully completed in accordance with approved plans nor shall any Dwelling Unit when completed be in any manner occupied until there is compliance with all requirements, conditions, covenants, and restrictions herein set forth. 7.5 Restrictions on Garbage and Trash. Each Owner shall keep all of his or her trash, garbage, or other refuse in a container in his or her garage. Each Owner shall provide for the regular removal of such Owner=s trash and garbage and agrees to use one trash company as designated by the Board of Directors if one is so designated. Each Owner shall keep his or her Lot at all times in a neat and clean condition, and grass and weeds shall be kept mowed. No trash, litter, garbage, grass, shrub or tree trimmings, scrap refuse or debris of any kind shall be permitted to remain exposed upon any Lot so it is visible from any neighboring Lot, Common Areas or from the street except that any container containing such material may be placed outside at proper times for garbage or trash pickup. No trash, garbage or other refuse shall be burned in outside containers, barbecue pits or the like. The Board of Directors shall have the right and duty,through its agents and employees, after Notice and Hearing, to enter upon any Lot and remove such unsightly objects and materials. The cost of such removal shall be chargeable to such Owner by Individual Assessment in accordance with Paragraph 5.4(b). 7.6 Nuisances. No noxious or offensive activity shall be carried on upon the Planned Community or any part thereof, nor shall anything be done or maintained thereon which may be or become an annoyance or nuisance to the neighborhood or which is or may cause an unreasonable embarrass- ment, disturbance or annoyance to others, or detract from its value as an attractive residential community. Habitually barking, howling or yelping dogs shall be deemed a nuisance. 7.7 No Annoying Lights, Sounds or Odors. No light shall be emitted from any portion of the Planned Community which is unreasonably bright or causes unreasonable glare, and no sound or odor shall be emitted from any portion of the Planned Community which would reasonably be found by others to be noxious or offensive. 7.8 No Hazardous Activities. No activity shall be conducted on any portion of the Planned Community which is or might be unsafe or hazardous to any person or property. Without limiting the generality of the foregoing, no firearms shall be discharged upon any portion of the Planned Community and no open fires shall be lighted or permitted on any portion of the Planned Community except in a contained barbecue unit while attended and in use for cooking purposes or within a fireplace designed to prevent the dispersal of burning embers. 7.9 No Unsightliness. All equipment shall be stored within the Dwelling Unit or garage, including all bicycles, tractors, snow removal equipment and garden or maintenance equipment, except when actually in use. 7.10 Utilities. Except as provided in Paragraph 8.2 hereof, all electric, television, radio and telephone line installations and connections from the Owner's property line to the Dwelling Unit shall be placed underground and have the prior approval of the Committee. All utility installations shall comply with the Design Review Guidelines and all state laws and County ordinances. 7.11 Restrictions on Signs and Advertising Devices. No sign,poster,billboard, advertising device or display of any kind shall be erected or maintained anywhere within the Planned Community except such signs as may be approved in writing by the Committee which may include signs indicating protection by Security Systems and Neighborhood Watch Programs. One sign advertising a Lot for sale or for lease may be placed on such Lot or Dwelling Unit; provided however, that standards relating to dimensions, color, style and location of such sign shall be determined from time to time by the Committee and shall comply with the local sign codes and with all other applicable statutes, ordinances and regulations. Notwithstanding the foregoing, reasonable signs and advertising used by Declarant in connection with development of or construction on a Lot, shall be permissible. 7.12 Compliance with Insurance Requirements. Except as may be approved in writing by the Board of Directors, nothing shall be done or kept on the Planned Community which may result in an increase in the rates of insurance or would result in the cancellation of any insurance maintained by the Association. 7.13 Compliance with Laws. No unlawful use shall be permitted or conducted of any Lot. All laws, ordinances and regulations of all governmental bodies having jurisdiction over the Lots or any portion thereof shall be observed. 7.14 Pets/Other Animals. No more than five customary household pets (such as dogs or cats) and no more than three large animals (consisting of any combination of horses, goats, sheep, llamas or cows) and five small animals (such as rabbits or fowl) shall be kept on any Lot. The offspring of any such pets or animals shall not be considered in determining the total number of animals on a Lot until such offspring reach one year of age. No such pets or other animals of any kind shall be raised, bred or maintained for any commercial purpose and shall not kept in such number or in such manner as to create a nuisance or inconvenience to any resident of the Planned Community. The Board of Directors shall have the right and authority to determine in its sole discretion that dogs, cats,other household pets or other animals are being kept for commercial purposes or are being kept in such number or in such manner as to be unreasonable or to create a nuisance, or that an Owner is otherwise in violation of the provisions of this Paragraph. The Directors shall take such action or actions as it deems reasonably necessary to correct the violation to include after Notice and Hearing, directing permanent removal of the pet or pets from the Planned Community. Household pets and other animals shall not be allowed to run at large within the Planned Community, but shall at all times be under the control of its respective Owner. The Board of Directors is granted the authority to enforce the provisions of this Paragraph by the levy of Fines against the Owner in accordance with Paragraph 5.4(c) hereof. Reimbursement for any damages caused by such pets and other animals and costs incurred by the Association, including attorneys' fees and costs, in the removal of a pet(s) or other animals from the Planned Community or as incurred by the Association in cleanup after such pets or animals may be levied against the respective Owner as an Individual Assessment in accordance with Paragraph 5.4(b) hereof. No dog runs or animal pens of any kind shall be permitted on any Lot except with the prior written approval of the Committee. 7.15 Vehicular Parking, Storage and Maintenance. No house trailer, camping trailer, horse trailer, camper, camper shells,boat trailer,hauling trailer,boat or boat accessories, truck larger than 3/4 ton, recreational vehicle or equipment, mobile home, or similar vehicle may be parked or stored anywhere within the Planned Community unless it is parked in a garage or other out building,unless otherwise approved by the Board of Directors, and unless they are being actively loaded or unloaded. This applies to vehicles referred to above even if they are licensed by the State of Colorado or any other jurisdiction as "passenger vehicles". No emergency or temporary parking shall continue for more than one week. Parking is not allowed on landscaped, lawn areas or fire lanes. No abandoned, unlicenced, wrecked or inoperable vehicles of any kind shall be stored or parked within the Planned Community except in garages or except in emergencies. Any Awrecked@ vehicle shall be as determined by the Board of Directors in its sole discretion. Any Aabandoned or inoperable@ vehicle shall be defined as any of the vehicles listed above or any other kind of passenger vehicle which has not been driven under its own propulsion for a period of two weeks or longer, or which does not have installed within it an operable propulsion system; provided however, that any vehicle belonging to any Owner which is otherwise permitted will not be deemed to be abandoned while the Owner is ill or out of town so long as the Board has been notified. The Board of Directors shall have the right to remove and store a vehicle in violation of this Paragraph after Notice and Hearing,the expenses of which shall be levied against the Owner of the vehicle as an Individual Assessment in accordance with Paragraph 5.4(b) hereof. Each Dwelling Unit within the Planned Community shall include an enclosed garage of a size sufficient to accommodate a minimum of two full sized automobiles either attached or detached. Owners are encouraged to keep their garage doors closed except when in use. It was the intent of Declarant in designing the overall parking plan for th Planned Community that garages be used in such a manner so that vehicles would be parked within such garages. 7.17 Owner Caused Damages. If, due to the act or neglect of an Owner or such Owner's Guests, loss or damage shall be caused to any person or property within the Common Areas, such Owner shall be liable and responsible for the payment of same. The amount of such loss or damage, together with costs of collection and reasonable attorney's fees, if necessary, may be collected by the Board of Directors, from such Owner as an Individual Assessment against such Owner in accordance with Paragraph 5.4(b) hereof. Determination with respect to whether or not a particular activity or occurrence shall constitute a violation of this Paragraph 7.17 shall be made by the Committee and shall be final. 7.18 Exterior Equipment Prohibition. No exterior equipment or fixtures, including,but not limited to,the following shall be permitted without the written consent of the Committee: air conditioning units, swamp coolers, or other ventilating equipment; and any type or kind of wiring, ducts, or pipes, excluding holiday wiring. 7.19 Antennas and Satellite Dishes. No conventional television antennae of any kind may be installed on the exterior of any Dwelling Unit in the Planned Community. No satellite dishes, antennas, and similar devices for the transmission or reception of television, radio, satellite,or other signals of any kind shall be permitted, except that (a) satellite dishes designed to receive direct broadcast satellite or 2-way data communication service which are one meter or less in diameter; (b) satellite dishes designed to receive video programming services via multi-point distribution services which are one meter or less in diameter or diagonal measurement; or (c) antennas designed to receive television broadcast signals(APernvtted Devices@)shall be permitted, provided that any such Permitted Device for a Dwelling Unit is placed in the least conspicuous location on the Lot at which an acceptable quality signal can be received and is not visible from the street,Common Areas, or neighboring Dwelling Units,or is screened from the view from adjacent Dwelling Units in a manner approved by the Committee, and provided further that any such Permitted Device must be as small and unobtrusive as possible and, in the case of an antenna, may be installed on the exterior of a Dwelling Unit only if installation in the attic portion of the Unit is not physically possible or would impair reception. This Paragraph is intended to comply with the Telecommunications Act of 1996 (AAct@) and the rules and regulations promulgated by the Federal Communications Commission (AFCC@). Specifically, this Paragraph is not intended to unreasonably delay or prevent installation, maintenance or use of Permitted Devices;unreasonably increase the cost of installation,maintenance or use of Permitted Devices; or preclude reception of an acceptable quality signal. In the event that any portion of this Paragraph is found to violate the Act or any rule or regulation of the FCC the portion of this Paragraph that is found to be in violation shall be stricken and the remaining provisions of this Paragraph shall remain in full force and effect. 7.20 Lease of a Dwelling Unit. With the exception of a First Mortgagee who has acquired title to a Lot by virtue of foreclosing a first mortgage or by virtue of a deed in lieu of foreclosure, an Owner shall have the right to lease his or her Dwelling Unit upon such terms and conditions as the Owner may deem advisable, subject to the following: (a) any such lease or rental agreement must be in compliance with applicable local, state and federal laws; (b) no Owner may lease or rent (i) less than his or her entire Dwelling Unit; (ii) for transient or hotel purposes; or(iii) for a term of less than six months in duration unless it is a lease extension; (c) any lease or rental agreement shall be in writing and shall provide that the lease or rental agreement is subject to the terms of this Declaration, and the Articles and Bylaws, and the Rules of the Association; (d) such lease or rental agreement shall state that the failure of the lessee or renter to comply with the terms of this Declaration, or the Articles or Bylaws or the Rules shall constitute a default and such default shall be enforceable by either the Board of Directors or the lessor, or by both of them to include, but not be limited to, eviction of the lessee from the Dwelling Unit; and (e) the Board of Directors shall be furnished with a copy of the lease or rental agreement upon its request. 7.21 Fences and Other Exterior Improvements. Fences shall not be allowed to be constructed between or anywhere on Lots without the written approval of the Committee. No basketball hoops, poles or backboards, other playground equipment, clotheslines, wood piles or storage areas or containers may be installed on any Lot or in the Common Areas unless approved by the Committee and except as were installed or permitted to be installed by Declarant in its construction of Dwelling Units on the Lots. No mailboxes,porch and area lighting, property identification, landscaping,or other exterior improvements shall be constructed,installed, erected or maintained on any Lot unless approved by the Committee and except as were installed or permitted to be installed by Declarant in its construction of Dwelling Units on the Lots. 7.22 Rules. Every Owner and his or her Guests shall adhere strictly to the Rules as promulgated by the Board of Directors, as amended from time to time. 7.23 Exterior Lighting. Any exterior lighting installed on any Dwelling Unit shall be of such controlled focus and intensity so as to not disturb residents of neighboring Dwelling Units. 7.24 Waiver of Summary Abatement. Declarant and the Association each waive the right to use summary abatement or similar means to enforce the restrictions herein contained. Judicial proceedings must be instituted before any items of construction can be altered or demolished. 7.25 Exemptions for Declarant and Participating Builder. So long as Declarant and Participating Builder own a Lot within the Planned Community, Declarant and Participating Builder shall be exempt from the provisions of this ARTICLE SEVEN to the extent that it impedes, in Declarant=s sole discretion, Declarant's and/or Participating Builder=s development, construction, marketing, sales, or leasing activities. Said exemptions to be granted to Participating Builder in Declarant=s sole discretion. 7.26 Enforcement. The Association, acting through its Board of Directors, shall have the standing and power to enforce all of the above land use and other restrictions. ARTICLE EIGHT: EASEMENTS 8.1 Generally. The Planned Community shall be subject to all easements as shown or created on the Plat, those of record, those provided in the Act and those set forth in this Article and in other provisions of this Declaration. 8.2 Utility Easements. There is hereby created and granted a blanket easement on, over, in,under and through the Planned Community for the installation, replacement, repair, operation and maintenance of utilities, including but not limited to water, sewer, gas, telephone, electricity and satellite and cable systems. Said blanket easement includes future utility services not presently available to the Planned Community that may be reasonably required in the future. Should any utility company furnishing a service covered by the easement herein created request a specific easement by separate recordable document, Declarant shall have, and hereby reserves, the right and authority to grant such easement upon, across, over or under any part or all of the Planned Community without conflicting with the terms hereof; provided, however,that such power shall cease upon termination of the Declarant Rights as provided in Paragraph 13.3,at which time such reserved right shall vest in the Association. The easements granted in this Paragraph shall in no way affect, avoid, extinguish or modify any other recorded easement(s)within the Planned Community. 8.3 Easements for the Board of Directors. The Board of Directors (it=s agents, employees, and contractors) is hereby granted an easement on, over, in, under and through each Lot to perform its obligations pursuant to this Declaration. 8.4 Emergency Easements. A nonexclusive easement for ingress and egress is hereby granted to all police, sheriff, fire protection, ambulance, and other similar emergency agencies or persons, now or hereafter servicing the Planned Community, to enter upon any part of the Planned Community in the performance of their duties. 8.5 Recording Data Regarding Easements. Pursuant to ' 38-33.3-205(m)of the Act, the recording data for recorded easements and licenses appurtenant thereto,or included in the Planned Community or to which any portion of the Planned Community is or may become subject to are identified on the attached Exhibit D. 8.6 Easements Deemed Appurtenant. The easements and rights herein created for an Owner shall be deemed appurtenant to the Lots owned by such Owner. All conveyances and instruments affecting title to a Lot shall be deemed to grant and reserve the easements and rights of way as provided herein, as though set forth in said document in full, even though no specific reference to such easements or rights of way appear. ARTICLE NINE: INSURANCE/CONDEMNATION 9.1 Authority to Purchase/General Requirements. All insurance policies relating to the Association, the Common Areas and the Common Area Improvements shall be purchased by the Board of Direc- tors. The Board of Directors shall promptly furnish to each Owner and/or such Owner's First Mortgagee requesting same,written notice of the procurement of, subsequent changes in,renewals of, or termination of insurance coverages obtained on behalf of the Association. The Board of Directors shall not obtain any policy where under the terms of the insurance company's charter, bylaws, or policy, contributions or assessments may be made against the Association, Owner or First Mortgagee, or by the terms of carrier's charter, bylaws or policy, loss payments are contingent upon action by the carrier's Board of Directors,policyholders or members; or the policy includes any limiting clauses (other than insurance conditions) which could prevent Owners or First Mortgagees from collecting insurance proceeds. Each such policy shall provide that: (a) The insurer to the extent possible waives any right to claim by way of subrogation against Declarant,the Association, the Board of Directors, the Managing Agent or the Owners, and their respective agents, employees, Guests and, in the case of the Owners, the members of their households; (b) Such policy shall not be canceled, invalidated or suspended due to the conduct of any Owner or his or her Guests or of any Member, officer or employee of the Board of Directors or the Managing Agent without a prior demand in writing that the Board or the Managing Agent cure the defect and neither shall have so cured such defect within 45 days after such demand; (c) Such policy, including any fidelity insurance of the Association referred to in Paragraph 9.4 hereof may not be canceled, or substantially modified by any party (including cancellation for nonpayment of premium)without at least 30 days'prior written notice to the Board of Directors,the Managing Agent and to each First Mortgagee listed as a scheduled holder of a first mortgage in the policy; (d) Such policy must provide that no assessment may be made against First Mortgagee, its successors or assigns and that any assessment made against others shall not become a lien on a Lot or Dwelling Unit superior to the lien of a First Mortgagee; and (e) Declarant, so long as Declarant shall own any Lot, shall be protected by all such policies as an Owner, if such coverage is available. All policies of insurance shall be written by reputable companies duly authorized and licensed to do business in the State of Colorado with an A.M. Best's rating of"A" or better if reasonably available, or, if not reasonably available, the most nearly equivalent rating. All insurance policies shall contain the standard mortgagee clause or equivalent endorsement (without contribution) in which it appropriately names the First Mortgagee in the policy, its successors and assigns, beneficiary. 9.2 Hazard Insurance. The Board of Directors shall obtain and maintain a blanket, "all-risk" form policy of hazard insurance with extended coverage, vandalism, malicious mischief, windstorm, sprinkler leakage (if applicable), debris removal, cost of demolition and water damage endorsements, insuring any of the insurable improvements located on the Common Areas. Such insurance shall at all times represent 100% of the current replacement cost based on the most recent appraisal of all insurable improvements in the Common Areas. The current replacement cost shall not include values for land, foundation, excavation and other items normally excluded therefrom and shall be without deduction for depreciation and with no provision for co- insurance. If available, the policy shall be endorsed with a "Guaranteed Replacement Cost Endorsement". The Board of Directors shall review at least annually all of its insurance policies in order to insure that the coverages contained in the policies are sufficient. The Board of Directors shall consistent with good business practices, and at reasonable intervals obtain a written appraisal for insurance purposes, showing that the insurance represents 100% of the current replacement cost as defined above for all insurable improvements located on the Common Areas, together with any personal property owned by the Association. Such policies shall also provide: (a) The following endorsements or their equivalent:No Control Endorsement, Contingent Liability from Operation of Building Laws or Codes Endorsement, Cost of Demolition Endorsement, Increased Cost of Construction Endorsement)Agreed Amount Endorsement,and Inflation Guard Endorsement, if available. (b) That any "no other insurance" clause expressly exclude individual Owners' policies from its operation so that the property insurance policy purchased by the Board of Directors shall be deemed primary coverage and any individual Owners' policies shall be deemed excess coverage, and in no event shall the insurance coverage obtained and maintained by the Board of Directors hereunder provide for or be brought into contribution with insurance purchased by individual Owners or their First Mortgagees,unless otherwise required by law. A certificate, together with proof of payment of premiums, shall be delivered by the insurer to any Owner and First Mortgagee requesting the same, at least 30 days prior to expiration of then current policy. The insurance shall be carried naming the Association as the owner and beneficiary thereof for the use and benefit of the Association. Any loss covered by the policies carried under this Article shall be adjusted exclusively by the Board of Directors and provide that all claims are to be settled on a replacement cost basis. The Association shall hold any insurance proceeds received in trust for the Owners and their First Mortgagees as their interests may appear. The proceeds shall be disbursed first for the repair or restoration of the damaged Common Areas. Owners and First Mortgagees are not entitled to receive payment of any portion of the proceeds unless there is a surplus of proceeds after the Common Areas have been repaired or restored. No Owner or any other party shall be entitled to priority over First Mortgagees with respect to any distribution of the insurance proceeds.. The deductible, if any, on such insurance policy shall be as the Directors determine to be consistent with good business practice and which shall be consistent with the requirements of the First Mortgagees,not to exceed, however, $10,000.00 or one percent of the face amount of the policy whichever is less. Any loss falling within the deductible portion of a policy shall be paid by the Association. Funds to cover the deductible amounts shall be included in the Association's Reserve Funds and be so designated. The Board shall have the authority to levy,after Notice and Hearing,against Owners causing such loss for the reimbursement of all deductibles paid by the Association as an Individual Assessment in accordance with Paragraph 5.4(b) hereof. 9.3 Liability Insurance. The Board of Directors shall obtain and maintain comprehensive general liability(including eviction, libel, slander, false arrest and invasion of privacy) and property damage insurance covering all of the Common Areas, insuring each officer, director, the Managing Agent and the Association. Such coverage under this policy shall include, without limitation, the legal liability of the insureds for property damage, bodily injuries and deaths of persons that result from the operation, maintenance or use of the Common Areas and the legal liability arising out of lawsuits relating to employment contracts in which the Association is a party. Such insurance shall be issued on a comprehensive liability basis. Additional coverages may be required to include protection against such other risks as are customarily covered with respect to the Planned Community similar in construction, location and use, including,but not limited to, Host Liquor Liability coverage with respect to events sponsored by the Association, Workmen's Compensation and Employer's Liability Insurance, Comprehensive Automobile Liability Insurance, Severability of Interest Endorsement. IN THE EVENT THE ASSOCIATION HOSTS A FUNCTION AND CHARGES FOR FOOD OR DRINK AND LIQUOR IS SERVED, THERE WILL BE NO HOST LIQUOR LIABILITY COVERAGE FOR THE ASSOCIATION. IF MONEY IS CHARGED, A LIQUOR LIABILITY POLICY WOULD BE NEEDED TO GIVE COVERAGE TO THE ASSOCIATION. The Board of Directors shall review such limits once each year, but in no event shall such insurance be less than one million dollars covering all claims for bodily injury, including deaths of persons and property damage arising out of a single occurrence. Reasonable amounts of"umbrella" liability insurance in excess of the primary limits may also be obtained. Absolute liability is not imposed on Owners for damage to Common Areas or Lots within the Planned Community. 9.4 Fidelity Insurance. The Association shall obtain and maintain,to the extent reasonably available, fidelity insurance coverage for any Owner or Association employee who either handles or is responsible for funds held or administered by the Association. The insurance shall name the Association as insured, and shall contain waivers of any defense based upon the exclusion of persons who serve without compensation from any definition of"employee" or similar expression. The fidelity insurance policy should cover the maximum funds (including Reserve Funds) that will be in the custody of the Association or its management agent at any time while the policy is in force; provided,however, in any event the aggregate amount of such insurance shall not be less than a sum equal to three months= aggregate assessments on all Lots,plus Reserve Funds. The policy must include a provision that calls for 30 days' written notice to the Association before the policy can be canceled or substantially modified for any reason. The same notice must also be given to each servicer that services a Fannie Mae-owned or securitized mortgage in the Planned Community. A management agent that handles funds for the Association should be covered by its own fidelity insurance policy which must provide the same coverage required of the Association. 9.5 Additional Insurance. If the Common Areas within the Planned Community are identified by the Secretary of Housing and Urban Development(HUD) or the Director of the Federal Emergency Management Agency (FEMA) as a Special Flood Hazard Area, flood insurance for the Common Areas shall be maintained providing coverage equivalent to that provided under the National Flood Insurance Program in an amount of the then current replacement cost of the Common Areas and the Common Area Improvements located thereon as shown on the current FEMA map. If the Common Areas at the time of the recording of this Declaration are not identified as a Special Flood Hazard Area but become reclassified at a later date as such, the Board of Directors shall obtain flood insurance for the Common Areas in accordance with the above. Conversely flood insurance may be discontinued when the Common Areas are reclassified out of the Special Flood Hazard Area. The Association may also maintain coverage for: (a) Adequate Directors and Officers liability insurance, if reasonably available, and if deemed consistent with good business practices, for errors and omissions on all Directors and Officers to be written in an amount which the Board of Directors deems adequate; (b) Worker's Compensation and Employer's Liability Insurance and all other similar insurance with respect to employees of the Association in the amount and in the forms now or hereafter acquired by law; or (c) Such other insurance of a similar or dissimilar nature, as the Board of Directors shall deem appropriate with respect to the Planned Community. 9.6 Payment of Insurance Premiums. The cost of the insurance obtained by the Association in accordance with this Article shall be paid from Association funds and shall be collected from the Owners as part of the Common Expense Assessment as provided for in Paragraph 5.4(a) hereof. In the event there are not sufficient funds generated from the Common Expense Assessment to cover the cost of the insurance provided for above,then the deficiency shall be chargeable to each Owner by an Individual Assessment in accordance with Paragraph 5.4(b)hereof and such Assessment shall be exempt from any special voting requirements of the Membership. Such Assessment shall be prorated among Owners in accordance with the Owners'Common Expense Liability set forth in Paragraph 1.3 hereof. 9.7 Separate Insurance. No Owner shall be entitled to exercise his or her right to acquire or maintain such insurance coverage so as to decrease the amount which the Board of Directors, on behalf of all Owners, may realize under any insurance policy maintained by the Board or to cause any insurance coverage maintained by the Board to be brought into contribution with insurance coverage obtained by an Owner. All such policies shall contain waivers of subrogation. No Owner shall obtain separate insurance policies except as provided in this Paragraph. 9.8 Damage to Property. Any portion of the Common Areas and Common Area Improvements that is damaged or destroyed and for which insurance is carried by the Association, shall be repaired or reconstructed by the Board of Directors in accordance with ARTICLE TEN hereof. 9.9 Condemnation. If a part of the Common Areas are acquired by condemnation, that portion of any award attributable to the Common Areas taken must be paid to the Association as attorney-in- fact to be held in trust for the use and benefit of the Association,the Owners and the holders of their Security Interests as their interests may appear. No Owner or any other party shall be entitled to priority over First Mortgagees with respect to any distribution of the Condemnation Award. ARTICLE TEN: RESTORATION UPON DAMAGE OR DESTRUCTION 10.1 Duty to Restore Common Areas. In the event of damage or destruction to any portion of the Common Areas and or the Common Area Improvements which is covered by insurance carried by the Association, the insurance proceeds shall be applied by the Board of Directors to such reconstruction and repair. The Common Areas and its Improvements must be repaired and restored in accordance with either the original plans and specifications, or other plans and specifications which have been approved by the Board of Directors. 10.2 Use of Insurance Proceeds. If the insurance proceeds with respect to such damage or destruction are insufficient to repair and reconstruct the damage to the Common Areas, the Board of Directors shall levy an Individual Assessment in the aggregate amount of such insufficiency pursuant to Paragraph 5.4(b) hereof, and shall proceed to make such repairs or reconstruction. The amount of each Owner's Individual Assessment shall be such Owner's Common Expense Liability shall be determined in accordance with Paragraph 1.3 hereof. If all of the damage to the Common Areas covered by the Association's insurance is not repaired or reconstructed, the insurance proceeds attributable to the damage shall be used to restore the damaged portion of the Common Areas to a condition compatible with the remainder of the Planned Community and the remainder of the proceeds shall be distributed to the Association. 10.3 Duty to Restore Dwelling Units. If due to casualty or for any other reason a Dwelling Unit located on a Lot is destroyed or so damaged that the Dwelling Unit is no longer habitable, then the Owner of such Lot shall, within a reasonable time not to exceed 120 days after the event resulting in such damage or destruction, either commence and diligently pursue repair or reconstruction of the Dwelling Unit or demolish the same. All repair and reconstruction shall be in accordance with plans approved by the Committee in the event the plans and specifications differ from the original approved plans and specifications. Demolition of a Dwelling Unit shall include removal of any foundation slab,basement walls and floors,regrading the Lot to a level condition and the installation of such landscaping as may be required by the Committee pursuant to a plan submitted to the Committee by the Owner of said Lot. If an Owner does not either commence repair, reconstruction or demolition activities within a reasonable time as provided hereinabove and diligently pursue the same in conformance with plans approved by the Committee, then the Association may, in its reasonable discretion, after providing the Notice and Hearing, enter upon the Lot for the purpose of demolishing the balance of the Dwelling Unit and landscape the Lot in conformance with approved plans. The cost related to such demolition and landscaping shall be levied against the Owner as an Individual Assessment in accordance with Paragraph 5.4(b) hereof. ARTICLE ELEVEN: MAINTENANCE 11.1 Maintenance of the Common Areas and Common Area Improvements. The Association shall provide for the repair, maintenance and reconstruction of the Common Areas and Common Area Improvements. Without limiting the generality of the foregoing and by way of illustration, the Association shall keep the said Common Areas and its Improvements in an attractive, clean, functional and in good repair and may make necessary or desirable alterations or improvements thereon or thereto or replacements thereof. 11.2 Maintenance of the Dwelling Units and Lots. All Dwelling Unit and Lot maintenance, repair and reconstruction shall be the sole responsibility and at the sole expense of the Owner together with the maintenance of the landscaping thereon and any other structures, buildings or other improve- ments thereon. No landscaping shall be done, and no fences, hedges or walls shall be erected upon any Lot, except such as are installed in accordance with the initial construction of the Dwelling Unit or as approved by the Committee. If such improvements are approved for any Lot,then such improvements must be maintained, repaired and reconstructed by the Owner of the Dwelling Unit benefitted in a manner acceptable to the Board of Directors. 11.3 Owners Failure to Maintain,Repair and/or Reconstruct. In the event that a Lot or Dwelling Unit is not properly maintained and repaired, by the Owner, the Board of Directors, after Notice and Hearing to the Owner(and after a determination by the Board that the condition of such Lot and/or Dwelling Unit negatively impacts other Owners or the value of other Lots and Dwelling Units within the Planned Community) shall have the right to enter upon the Lot to perform such work as is reasonably required to restore the Lot and/or Dwelling Unit to a condition of good order and repair and charge the cost thereof to such Owner as an Individual Assessment in accordance with Paragraph 5.4(b)hereof. Absolute liability is not imposed upon Lot Owners for damage to the Common Area or Lots within the Planned Community. 11.4 Maintenance of Drainage Pattern. There shall be no interference with the established drainage pattern initially established by Declarant over any portion of the Planned Community, except as approved in writing by the Committee. Approval shall not be granted unless provision is made for adequate alternate drainage. The "established drainage pattern" shall mean the drainage pattern which exists at the time the overall grading of any property is completed by Declarant and shall include any established drainage pattern shown on the plans approved by the Committee. The established drainage pattern may include the drainage pattern from the Common Areas over any Lots within the Planned Community and from any Lot within the Planned Community over the Common Areas, or from any Lot over another Lot. Any proposed alteration to the drainage pattern must be prepared, signed and stamped by a qualified Professional Engineer registered in the state of Colorado. 11.5 Association Responsibility. The maintenance obligation on the part of the Association shall apply to such maintenance required by ordinary wear and tear and shall not apply to maintenance, repair and/or reconstruction resulting from willful neglect or destruction. In the event such repair, maintenance and/or reconstruction is resulting from the willful neglect or destruction by an Owner or such Owner's Guests,the Board of Directors shall have the right,to charge the costs of such repair, maintenance and/or replacement, to such Owner by an Individual Assessment in accordance with Paragraph 5.4(b) hereof. Determination of whether such repair, maintenance and/or reconstruction is the obligation of the Association and the determination of when,the magnitude and the manner of the above described maintenance, repair and/or reconstruction shall rest solely with the Board of Directors and shall be final. The Board of Directors will also have the sole responsibility for determining the kind and type of materials used in such repair and maintenance. 11.6 Board of Directors Access. Access to all of the Lots within the Planned Community to perform the said repair, maintenance and/or reconstruction by the Board of Directors, its agents and employees shall be made pursuant to the maintenance easement granted in accordance with Paragraph 8.3 hereof. ARTICLE TWELVE: DECLARANT RIGHTS 12.1 Reservation. Declarant reserves the following Declarant Rights which may be exercised,where applicable, anywhere within the Planned Community: (a) To complete the improvements as shown on the Plat; (b) To exercise any Declarant Rights reserved or described herein; (c) To maintain business/sales offices,parking spaces,management offices, storage areas, nursery, construction yard, signs, advertising and model Dwelling Units; (d) To maintain signs and advertising on the Common Areas to advertise the Planned Community; (e) To have and use, and to permit others to have and use, easements through the Common Areas as may be reasonably necessary for construction within the Planned Community and for the purpose of discharging Declarant=s obligations under the Act and this Declaration; (1) To amend the Declaration and/or the Plat in connection with the exercise of any Declarant Rights; and (g) To merge or consolidate the Planned Community with a common interest Community of the same form of ownership; (h) To appoint or remove any officer of the Association or a member of the Board of Directors during the Period of Declarant Control subject to the provisions of Paragraph 4.7 hereof; (i) To exercise any other Declarant Right created by any other provisions of this Declaration. 12.2 Rights Transferable. Declarant Rights 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 the records of the County Clerk and Recorder. Such instrument shall be executed by the transferor Declarant and the transferee. 12.3 Limitations. Declarant Rights shall terminate at the option of Declarant, but in any event such Rights shall terminate without further act or deed seven years after the date of the recording of this Declaration except as provided for in Paragraph 6.3 hereof regarding the Declarant Right to appoint and remove members of the Design Review Committee. Declarant shall have a right to create no more than seven Lots or the maximum number of Lots allowed by any governmental entity having jurisdiction over the Planned Community,pursuant to any development plan for the Planned Community. Declarant shall not be obligated to enlarge the Planned Community beyond the number of Lots initially submitted to this Declaration. In the event that the process of entitlement for Declarant to obtain Building Permits is placed on Ahold@ (e.g., moratorium, anti-growth legislation, etc.) for reasons beyond the control of Declarant, the time limitations set forth herein shall be extended until the impediment to entitlement is removed. 12.4 Interference with Declarant Rights. Neither the Association, the Board of Directors nor any Owner may take any action or adopt any rule that will interfere with or diminish Declarant Rights without the prior written consent of Declarant. 12.5 Use by Declarant. The exercise of Declarant Rights by Declarant or Participating Builder shall not unreasonably interfere with the access, enjoyment or use of any Lot by any Owner nor the access, enjoyment or use of the Common Areas; nor shall any activity be conducted which might be unsafe, unhealthy, or hazardous to any person. Participating Builder may share the Declarant=s Rights as granted by Declarant in it=s sole discretion. 12.6 Models, Sales Offices and Management Offices. Declarant and its duly authorized agents, representatives and employees may maintain any Dwelling Unit or Dwelling Units owned by the Declarant as a model Dwelling Unit or as a sales, leasing and/or management office(or may located a sales trailer within the Planned Community for any of such purposes). Declarant reserves the right at any time and from time to time to relocate its sales offices,management offices, signs advertising the Project, of any size, on one or more Lots or within the Common Area so long as Declarant continues to be an Owner of a Lot or the period of Declarant Control has not terminated pursuant to the terms of the this Declaration. 12.7 Declarant's Easements. Declarant reserves the right to perform warranty work, and repairs and construction work on Lots, Dwelling Units, Common Areas, and Common Area Improvements to store materials in secure areas, and to control and have the right of access to work and repair until completion. All work shall be performed by Declarant without the consent or approval of the Board of Directors, Owners or First Mortgagees. Declarant has an easement through the Common Areas as may be reasonably necessary for the purpose of discharging Declarant=s obligations or exercising of Declarant Rights, whether arising under the Act or reserved in this Article. Notwithstanding any other provision of this Declaration,the easements reserved herein shall remain in effect for the benefit of the Declarant until the termination of all applicable warranty periods with respect to any particular Lot, Dwelling Unit, Common Areas or Common Area Improvements. 12.8 Signs and Marketing. Declarant reserves the right to post signs on the Common Areas in order to promote sales of Lots and Dwelling Units. Declarant also reserves the right to conduct general sales activities in a manner which will not unreasonably disturb the rights of Owners. 12.9 Other Reserved Rights. The rights reserved in this ARTICLE TWELVE are in addition to all other rights reserved by or granted to Declarant in this Declaration or by the Act. 12.10 Exercise of Declarant Rights. The exercise of any or all of the Declarant Rights shall be at the sole option and discretion of Declarant. No assurances are made with respect to the boundaries of the Planned Community or the parcels of real property that may be subject to Declarant Rights nor the order in which Declarant Rights may be exercised. If Declarant exercises any Declarant Rights, such rights may,but need not,be exercised as to all or any other portion of the Planned Community. Notwithstanding anything in this Declaration to the contrary,no consent or agreement of, or notice to, the Owners or any Eligible Mortgagee shall be required in order to allow Declarant to exercise any of its Declarant Rights,provided such exercise otherwise complies with the applicable provisions of this Declaration. ARTICLE THIRTEEN: FIRST MORTGAGEE PROVISIONS The following provisions are for the benefit of holders, insurers, or guarantors of holders of first mortgages recorded against Lots within the Planned Community who qualify as an Eligible Mortgagee as defined by Paragraph 1.25 hereof To the extent applicable, necessary, or proper, the provisions of this ARTICLE THIRTEEN apply to both this Declaration and to the Articles and Bylaws. 13.1 Notices of Action. An Eligible Mortgagee shall be entitled to timely written notice of: (a) any material condemnation loss or any casualty loss which affects a material portion of the Planned Community or any Lot in which there is a first mortgage held, insured, or guaranteed by such Eligible Mortgagee; (b) any 60 day delinquency in the payment of Assessments or charges owed by an Owner of any Lot on which an Eligible Mortgagee holds a Security Interest; (c) any lapse, cancellation, or material modification of any mandatory insurance policy or fidelity bond maintained by the Association; (d) any proposed action which would require the consent of a specified percentage of Eligible Mortgagees.; and (e) any material judgment rendered against the Association. 13.2 Amendment to Documents/Special Approvals: (a) The consent of Owners to which at least five of the votes in the Association are allocated and the consent of 51% of the Eligible Mortgagees shall be required to add to or amend any material provisions of this Declaration or the Articles or Bylaws of the Association. A change to any of the following would be considered material. (i) voting rights; (ii) increase the Common Expense Assessment annually by more than 25% over the previously levied Common Expense Assessment, change the manner of the Assessment Liens, or the priority of the Assessment Liens; (iii) reduction in the reserves for maintenance, repair and replacement of the Common Areas; (iv) responsibility for maintenance and repairs; (v) right to use the Common Areas; (vi) convertibility of Lots into Common Areas or vice versa; (vii) hazard or fidelity insurance requirements; (viii) imposition of any restrictions on the leasing of Lots; (ix) imposition of any restrictions on a Lot Owner's right to sell or transfer his or her Lot; (x) restoration or repair of the Planned Community(after damage or partial condemna- tion) in a manner other than that specified in the Project Documents; (xi) any provision that expressly benefits mortgage holders, insurers or guarantors; (xii) a decision by the Board of Directors to establish self-management if professional management had been required previously by the Project Documents or by an Eligible Mortgagee. (b) The Association may not take any of the following actions without the consent of Owners to which at least five of the votes in the Association are allocated and the approval of at least 51% of the Eligible Mortgagees. (i) Reconstruct or repair the Planned Community after damage due to an insurable hazard or a partial condemnation in a manner other than specified in the Project Documents. (ii) Merge or consolidate the Planned Community with any other Planned Community or subject it to a Master Association. Such action shall also require the written approval from the Federal Housing Administration and/or the Veterans Administration if the Planned Community has been or may be approved by such agencies. (iii) Not repair or reconstruct, in the event of substantial destruction, any part of the Common Areas. (c) Any action to terminate the legal status of the Planned Community after substantial destruction or condemnation occurs must be agreed to by Owners to which at least five of the votes in the Association are allocated, and by 51% of the Eligible Mortgagees. (d) Any action to terminate the legal status of the Planned Community for reasons other than substantial destruction or condemnation occurs must be agreed to by Owners to which at least five of the votes in the Association are allocated, and by 67% of the Eligible Mortgagees. 13.3 Special FHLMC Provisions. Except as provided by statute in the case of a condemnation or a substantial loss to the Lots and/or Common Areas,unless at least 67%of the Eligible Mortgagees or five of the Owners (other than Declarant) have given their prior written approval, the Association may not: (a) by act or omission seek to abandon or terminate the Planned Community; (b) change the pro rata interest or obligations of any Lot in order to levy assessments, allocate distribution of hazard insurance proceeds or condemnation awards; (c) seek to abandon, partition, subdivide, encumber, sell or transfer the Common Areas by act or omission; (d) the granting of easements for public utilities or other purposes consistent with the intended use of the Common Areas is not a transfer within the meaning of this Paragraph 13.3(c); and (e) use hazard insurance proceeds for losses to any planned community property for other than the repair, replacement or reconstruction of the planned community property). 13.4 Implied Approval. Implied approval by an Eligible Mortgagee shall be assumed when an Eligible Mortgagee fails to submit a response to any written proposal for an amendment within 30 days after said Eligible Mortgagee receives proper notice of the proposal,provided this notice was delivered by certified or registered mail with return receipt requested. 13.5 Books and Records. Owners and their mortgagees shall have the right to examine the books and records of the Association at the office of the Association in accordance with the procedure set forth in the Association's Bylaws. ARTICLE FOURTEEN: MANDATORY DISPUTE RESOLUTION 14.1 Statement of Clarification. Without modifying or restricting the scope of this Article and as a statement of clarification only, nothing contained in this Article is intended to prevent the parties from attempting to resolve any differences between them through the normal course of business and communications. It is only when the parties are unable to resolve their differences and they wish to proceed further through the assertion of a AClaim@ as defined herein,that the Mandatory Dispute Resolution provisions contained in this Article are activated. 14.2 Alternative Method for Resolving Disputes. Declarant, the Association, its officers and directors; all Owners; design professionals; builders, including any of their subcontractors and suppliers; and any Person not otherwise subject to this Declaration but who agrees to submit to this Article (each of the foregoing entities being referred to as a AParty@), agree to encourage the amicable resolution of disputes involving the Planned Community and all of its improvements without the emotional and financial costs of litigation. Accordingly, each Party covenants and agrees to submit all Claims each may have to the procedures set forth in this ARTICLE FOURTEEN and not to a court of law. 14.3 Claims. Except as specifically excluded in Paragraph 14.4, all claims, disputes and other controversies arising out of or relating to the: (a) any Agreement for Sale and Purchase between Declarant and any Owner(except as may be expressly provided otherwise therein); (b) Property(as defined in any such Agreement) or the Dwelling Unit; (c) purchase of the Property or the Dwelling Unit; (d) interpretation, application or enforcement of this Declaration; (e) the soils of any property that lies within the Planned Community; (f) land development, design, construction, and/or alteration of the Improvements within the Planned Community and/or any alleged defect therein; (g) any rights, obligations and duties of any Party under this Declaration; (h) any Limited Warranty Agreement between Declarant and any Owner and/or the Association; or (i) any breach of any of the foregoing; all of which are hereinafter referred to as a AClaim,@ shall be subject to and resolved by submitting the Claim to mediation and, if not resolved during mediation, shall be resolved by Mandatory Binding Arbitration all in accordance with this ARTICLE FOURTEEN and not in a court of law. Notwithstanding the foregoing,no Claim may be asserted or brought unless there is either(i) actual physical damage to or actual loss of use of tangible real or personal property or(ii) bodily injury or wrongful death. 14.4 Claims Subject to Approval. Unless Owners to whom at least five of the votes in the Association are allocated agree to the contrary, the following shall not be Claims and shall not be subject to the provisions of this ARTICLE FOURTEEN: (a) any suit by the Association against any Party to enforce the provisions of ARTICLE FIVE (Assessments); (b) any suit by the Association or Declarant to obtain a temporary restraining order or injunction and such other ancillary relief as the court may deem necessary in order for the Association or Declarant to act under and enforce the provisions of ARTICLE SIX(Architectural Ap- proval/Design Review), or ARTICLE SEVEN (Land Use and Other Restrictions); (c) any suit by an Owner to challenge the actions of Declarant,the Association,Declarant acting as the Design Review Committee, or any other committee with respect to the enactment and application of standards or rules or the approval or disapproval of plans pursuant to the provisions of ARTICLE SIX(Architectural ApprovalDesign Review); and (d) any suit between or among Owners, that does not include Declarant or the Association. 14.5 Notice of Claim. Any Party alleging a Claim (AClaimant@) against any other Party (ARespondent@) shall submit all of their Claims by written notification delivered to each Respondent, stating plainly and concisely: (a) the nature of the Claim, including a list of any alleged construction defects, the Persons involved and Respondent's role in the Claim; (b) the legal or contractual basis of the Claim(i.e.,the specific authority out of which the Claim arises); (c) the date on which the Claim first arose; (d) the name and address of every Person, including without limitation any current or former employees of Respondent, whom Claimant believes does or may have information relating to the Claim; and (e) the specific relief and/or proposed remedy sought. 14.6 Timely Initiation. All Claims shall be initiated by the Claimant within a reasonable time after the Claim has arisen, and in any event,regardless of the nature of the Claim,within the time specified in the applicable Limited Warranty Agreement described in Paragraph 14.3(h) above for warranty Claims and no later than two years after the Claim arises for all other Claims. 14.7 Right to be Heard. Upon receipt of a Claim and prior to the Association or any Owner asserting the Claim commencing any mediation or arbitration Respondent shall have the right to make a written response and be heard by Claimant, affected Owners, and Association in an effort to resolve the Claim. 14.8 Right to Inspect and Repair. If the Claim is based on the land development, design, construction and/or alteration of any Improvements within the Planned Community then, upon reasonable notice to any affected Owners (or the Association if the affected area is owned by the Association), Respondent shall have the right to access the affected area at a reasonable time(s) for purposes of inspecting the condition complained of including but not be limited to, any investigative or destructive testing. The Association shall have the same right to inspect for any Claims by Owner against the Association in accordance with the above. In the exercise of the inspection rights contained herein, the Party causing the inspection to be made (AInspecting Party@) shall: (a) be careful to avoid any unreasonable intrusion upon, or harm, damage or costs to the other party including, without limitation, using its best efforts to avoid causing any damage to, or interference with, any improvements on the property being inspected (AAffected Property@); (b) minimize any disruption or inconvenience to any person who occupies the Affected Property; (c) remove daily all debris caused by the inspection and located on the Affected Property; and (d) in a reasonable and timely manner, at the Inspecting Party=s sole cost and expense, promptly remove all equipment and materials from the Affected Property and repair and replace all damage, and restore the Affected Property to the condition of the Affected Property as of the date of the inspection, unless the Affected Property is to be immediately repaired. The repair, replacement and restoration work shall include, without limitation, the repair or replacement to any structures,driveways, fences, landscaping,utility lines or other improvements on the Affected Property that were damaged, removed or destroyed by Inspecting Party. In the event the Inspecting Party wishes to make repairs to resolve the subject matter of the Claim, the Inspecting party shall have the right, at its option, to do so and to enter the Affected Property at a reasonable time(s) and upon reasonable notice for such purpose. The Inspecting Party shall not permit any claim, lien or other encumbrance arising from the exercise of its right to inspect and/or repair to accrue against or attach to the Affected Property. The Inspecting Party shall indemnify, defend and hold harmless the Affected Owners,or the Association if the Affected Property is owned by the Association, against any and all liability, claims, demands, losses, costs and damages incurred, including court costs and reasonable attorney=s fees, resulting from any breach of this Article by the Inspecting Party. 14.9 Good Faith Negotiations. The Parties shall make every reasonable effort to meet in person and confer for the purpose of resolving the Claim by good faith negotiation. Any party may be represented by attorneys and independent consultants (at such Party=s cost) to assist such party in negotiations and to attend meetings. 14.10 Mediation: (a) If the Parties do not resolve the Claim through negotiations within 30 days after the date of submission of the Claim to Respondent(s), as may be extended upon agreement of all affected Parties, Claimant shall have 30 additional days to submit the Claim to mediation under the auspices of an independent mediation service reasonably acceptable to all Parties. If Claimant does not submit the Claim to mediation within such time, or does not appear for the mediation, Claimant shall be deemed to have waived the Claim, and all Respondent(s) shall be released and discharged from any and all liability to Claimant on account of such Claim. (b) Any settlement of the Claim through mediation shall be documented in writing by the mediator and signed by the Parties. (c) If the Parties do not settle the Claim within 30 days after submission of the matter to the mediation, or within such other time as determined by the mediator or agreed to by the Parties, the mediator shall issue a notice of termination of the mediation proceedings (ATermination of Mediation®). The Termination of Mediation notice shall set forth that the Parties are at an impasse and the date that mediation was terminated. (d) Within 10 days after issuance of a Termination of Mediation, Claimant shall make a final written Settlement Demand to the Respondent(s), and the Respondent(s) shall make a final written Settlement Offer to the Claimant. If the Claimant fails to make a Settlement Demand, Claimant's original Claim shall constitute the Settlement Demand. If the Respondent(s) fail to make a Settlement Offer, Respondent(s) shall be deemed to have made a Azero® or Atake nothing® Settlement Offer. (e) Each Party shall bear its own costs, including attorney=s fees, and each Party shall share equally all charges rendered by the mediator(s) and all filing fees and costs of conducting the mediation proceeding. (0 If the Parties agree to a resolution of any Claim through negotiation or mediation in accordance with this ARTICLE FOURTEEN and any Party thereafter fails to abide by the terms of such agreement, then any other affected Party may file suit to enforce such agreement without the need to again comply with the procedures set forth in this ARTICLE FOURTEEN. In such event, the Party taking action to enforce the agreement shall be entitled to recover from the non-complying Party all costs incurred in enforcing such agreement, including, without limitation, reasonable attorney=s fees and court costs. 14.11 Arbitration: (a) If the Parties do not reach a settlement of the Claim within fifteen days after issuance of any Termination of Mediation and reduce the same to writing, the Claimant shall have fifteen additional days to submit the Claim to binding arbitration in accordance with the Arbitration Procedures contained in Exhibit E hereof and deliver an Arbitration Notice to all Respondent(s). (b) The Parties agree that where any Claim, dispute or other controversy existing between them is submitted to arbitration, and any other Party may have liability with respect thereto, all Parties including any third Parties agree that the third Parties may be joined as additional Parties in the arbitration, or if a separate arbitration exists or is separately initiated, to the consolidation of all arbitrations. It is the intent of the Parties to resolve all rights and obligations of all interested Parties at one time in one forum rather than in multiple proceedings. (c) Within 60 days after submission of the Claim, Claimant shall file with the arbitrator and deliver to Respondent(s) a certified list of construction defects that are the subject of the Claim, which list shall be signed by the attorney for Claimant, or if Claimant does not have an attorney, by Claimant, and shall include: (i) a statement that(a) the attorney for Claimant, or Claimant if Claimant does not have an attorney, has consulted with a Person not a Party to the Claim with expertise in the area of each construction defect that is the subject of the Claim(the AConstruction Consultant®) and(b)the Construction Consultant has inspected the improvements for which the construction defects are claimed, has reviewed the known facts, including such records, documents and other materials the Construction Consultant has found to be relevant to the construction defects, and has concluded that the Claim has substantial justification based on the Construction Consultant=s inspection and review of the known facts; (ii) a certification that the Construction Consultant can demonstrate by competent evidence that, as a result of training, education, knowledge and experience, the Construction Consultant is competent to testify as an expert and render an opinion as to the alleged construction defects; (iii) a certification signed by the Construction Consultant stating(A) such Person=s name, address, qualifications and credentials that render him or her competent to express an expert opinion as to the alleged construction defect, (B) that he or she has inspected each improvement and reviewed the known facts, including such records, documents and other materials which he or she has found to be relevant to the construction defects at issue, and (C) as to each improvement for which a construction defect Claim is asserted, an identification of the owner of the improvement, the location and date of construction of the improvement, and an identification of each claimed construction defect and its specific location; (iv) a computation of the damages alleged for each construction defect; (v) an identification,with respect to each improvement and construction defect, of each Party alleged to be responsible for such defect; (vi) a certification that each Party alleged to be responsible for the alleged construction defect has been given written notice of the defect and an opportunity to remedy the defect under the foregoing provisions of this Article and that the defect has not been remedied; and (vii) a copy of the notice of Claim served by Claimant on each Person that is named as a Party to the Claim. (d) If the Claim is not timely submitted to arbitration, if Claimant fails to appear for the arbitration proceeding, or if Claimant fails to file and deliver the certified list of construction defects as provided in subparagraph (c) above, the Claim shall be deemed abandoned, and Respondent(s) shall be released and discharged from any and all liability to Claimant arising out of such Claims. (e) The award rendered by the Arbitrator shall be final and binding,may be filed with any court of competent jurisdiction in the County in accordance with applicable law and judgment obtained thereon, and execution may issue. The Arbitrator shall have authority, in the sound exercise of discretion, to award the prevailing party such party=s costs and expenses, including reasonable attorney=s fees. (0 Claimant shall notify Respondent(s) prior to retaining any Person or entity as an expert witness for purposes of any arbitration or authorized litigation. 14.12 Consensus for Association Action. Except as provided for in Paragraph 13.4 hereof, the Association shall not commence any action, mediation or arbitration against Declarant or other Party for a Claim unless the Owners to which at least five of the votes in the Association are allocated agree to such proceedings. However, such Owner consent must be obtained by the Association only after the Board of Directors delivers written notice to all Members of the Association in accordance with the procedures set forth in the Bylaws with respect to meetings of Members. Such delivery shall include: (a) a description of the nature of the Claim and the relief sought; (b) a copy of any written response thereto, including any settlement proposal; (c) a statement advising Owners of their duties to disclose to prospective purchasers and lenders the Claim that the Association proposes to assert; (d) a statement that any recovery from the action may not result in receipt of funds to pay all costs of remedying the Claim as estimated by experts retained by the Association; (e) an estimate of the expenses and fees to the Association that the Board anticipates will be incurred in prosecuting the claim; and (f) a description of the agreement with the attorneys whom the Board of Directors proposes to retain to prosecute the cause of action. 14.13 Liability for Failure to Maintain an Action Against Declarant. No director or officer of the Association shall be liable to any Person for failure to institute or maintain or bring to conclusion a cause of action, mediation or arbitration for a Claim if the following criteria are satisfied: (a) the director or officer was acting within the scope of his or her duties; (b) the director or officer was acting in good faith; and(c) the act or omission was not willful, wanton or grossly negligent. 14.14 Utilization of Funds Resulting from the Cause of Action. In the event the Association receives funds as a result of any settlement, mediation, arbitration or judgment based upon a cause of action, after payment of fees and costs incurred in connection with prosecution of such action, the Association shall: (a) deposit the proceeds in a special, interest-bearing account; and(b)utilize the proceeds only for the purpose of performing remedial or repair work on the conditions which were the subject of the Claim or otherwise for purposes of remedying the Claim. 14.15 Exclusive Remedy. The provisions contained in this Article shall be the sole and exclusive remedy that the Association and other Parties shall have against Declarant for any Claim, and Declarant,the Association and each Owner expressly waives any right it may have to seek resolution of any Claim contemplated by this Article in any court of law or equity and any right to trial by jury. Should any Party commence litigation or any other action against any other Party, in violation of the terms of this Article, such Party shall reimburse the costs and expenses, including attorneys= fees, incurred by the other Party seeking dismissal of such litigation or action. If Claim involves Declarant or the Association,no Party shall record a memorandum or notice of lis pendens or similar instrument that would encumber or create a lien on real property owned by either Declarant or the Association, and any recording of the same shall be null and void and of no force or effect. 14.16 Binding Effect This ARTICLE FOURTEEN and the obligation to arbitrate shall be specifically enforceable under the applicable arbitration laws of the State of Colorado.The arbitration award shall be final and binding, and judgment may be entered upon it in any court of competent jurisdiction in the County to the fullest extent permitted under the laws of the State of Colorado. 14.17 Amendment. Neither this ARTICLE FOURTEEN nor Exhibit D may be amended unless such amendment is approved by a majority of the Board of Directors and Owners to whom at least five of the votes in the Association are allocated. Any amendment made without the requisite Board and Owners= vote shall be null and void and shall have no effect, and the last paragraph of Paragraph 15.2 hereof shall not apply. ARTICLE FIFTEEN: DURATION,AMENDMENT AND TERMINATION OF THE DECLARA- TION 15.1 Duration. The covenants,restrictions and obligations of this Declaration shall run with and bind the land in perpetuity until this Declaration is terminated in accordance with Paragraph 15.8 herein. 15.2 Amendments by Owners. Except in cases of amendments that maybe executed by the Board of Directors pursuant to Paragraph 9.9 hereof and Paragraph 15.3 and except as restricted by Paragraphs 13.2, 13.3, and 14.17 hereof,this Declaration may be amended by the written agreement by Owners of Lots to which at least five percent of the votes in the Association are allocated; provided however, an amendment may not: (a)create or increase Declarant Rights; (b) increase the number of Lots; or (c) change the Allocated Interests of a Lot without the written agreement of Owners of Lots to which at least five percent of the votes in the Association are allocated, including five percent of the votes allocated to Lots not owned by Declarant. Any such amendment shall be effective upon the recording of the amendment together with a notarized Certificate of an officer of the Association certifying that the requisite number of Owners and First Mortgagees or Eligible Mortgagees, if required, have given their written consent to the amendment. Such officer shall further certify that originals of such written consents by Owners and Mortgagees, as applicable, along with the recorded amendment, are in the records of the Association and available for inspection. Each amendment to the Declaration must be recorded in the Office of the County Clerk and Recorder. Signatures of Owners on an amendment need not be notarized. All signatures shall be irrevocable even upon the death of an Owner or the conveyance of the Lot, except that if an amendment is not recorded within three years of the date of signature, then the executing Owner or their successor or assigns may revoke their signature by a written and notarized document delivered to the Secretary of the Association. Amendments can be executed in counterparts,provided that such recorded document shall also contain a certification of the Secretary of the Association that all counterparts, as executed, are part of the whole. No action shall be commenced or maintained to challenge the validity of any aspect of any amendment of this Declaration, or the Articles or the Bylaws unless it is commenced within one year from the effective date of said amendment, unless fraud or willful negligence is asserted and proven and except as otherwise provided in Paragraph 14.17 hereof. 15.3 Amendments by Declarant. Declarant reserves the right to amend, without the consent of Owners or Eligible Mortgagees, this Declaration,the Articles and the Bylaws, at any time within the limitations set forth in Paragraph 12.3hereof, as follows: (a) To make nonmaterial changes, such as the correction of a technical, clerical, grammatical or typographical error or clarification of a statement. (b) To comply with any requirements of any of the Agencies or to induce any of the Agencies to make, purchase, sell, insure or guarantee First Mortgages. (c) To comply with any requirements of the Act or governmental agencies. 15.4 Amendment Terminology. As used in this Declaration or any of the Project Documents, the word Aamend@ or Aamendment@ shall be deemed to also mean alter,vary, change,waiver, delete, abandon, terminate, supplement, add to or otherwise modify in any manner the language of this Declaration or the Project Documents. 15.5 Consent of Declarant Required. As long as Declarant has any rights or obligations under or pursuant to this Declaration or any of the other Project Documents, any proposed amendment of any provision of this Declaration shall require Declarant=s written consent to such amendment. Any amendment made without Declarant=s written consent as required herein shall be null and void and shall have no effect and the last paragraph of Paragraph 15.2 hereof shall not apply. The foregoing requirement for consent of Declarant to any amendment shall terminate at the option of the Declarant but in any event, shall terminate without further act or deed in accordance with the limitations set forth in Paragraph 12.3 hereof. 15.6 Consent of Eligible Mortgagees Required. Amendments may be subject to the consent requirements of Eligible Mortgagees as more fully set forth in ARTICLE THIRTEEN hereof. 15.7 FHA/VA Approval. If the Planned Community has been or may be approved by the Federal Housing Administration and/or the Veterans Administration, then until the termination of the Period of Declarant Control hereof, the following actions will require the prior approval of the Federal Housing Administration and/or the Veterans Administration: annexation of additional properties, amendment of this Declaration and the assessment of a Special Assessment. 15.8 Termination. The Planned Community may be terminated only in accordance with Paragraph 13.2(c) and(d) hereof. The proceeds of any sale of real estate together with the assets of the Association shall be held by the Association as trustee for Owners and holders of liens upon the Lots as their interests may appear, as more fully set forth in 38-33.3-218 of the Act. ARTICLE SIXTEEN: GENERAL PROVISIONS 16.1 Right of Action. Subject to the provisions of ARTICLE FOURTEEN,the Association and any aggrieved Owner shall have an appropriate right of action against an Owner for such Owner's failure to comply with this Declaration or the Articles, Bylaws or the Rules and Regulations of the Association or with decisions of the Board of Directors which are made pursuant thereto. Owners shall have a similar right of action against the Association. 16.2 Successors and Assigns. This Declaration shall be binding upon and shall inure to the benefit of Declarant, the Association and each Owner and their heirs, personal representatives, successors and assigns. 16.3 Severability. If any part of any provision of this Declaration shall be invalid or unenforceable under applicable law, said part shall be ineffective to the extent such invalidity or unenforce ability only,without in any way affecting the remaining parts of said provision or the remaining provisions of this Declaration. 16.4 No Waiver. No provision contained in this Declaration shall be deemed to have been abrogated or waived by reason of any failure to enforce the same, irrespective of the number of violations or breaches which may occur. 16.5 Registration by Owner of Mailing Address: Notices. Each Owner shall register his or her mailing address with the Association. Except for monthly statements and other routine notices, which shall be personally delivered or sent by regular mail, all notices intended to be served upon an Owner pursuant to this Declaration, shall be delivered personally or sent by either registered or certified mail, postage prepaid, addressed in the name of the Owner at such registered mailing address or at the address of such Owner=s Lot if there is no registered mailing address for such Owner on file at the Association. MI notices, demands or other notices intended to be served upon the Board of Directors or the Association shall be sent by certified mail, postage prepaid, to the Registered Agent for the Association on file in the Office of the Secretary of State, State of Colorado. 16.6 Conflicting Provisions. The Project Documents are intended to comply with the requirements of the Act and the Colorado Revised Nonprofit Corporation Act (collectively, the AGoverning Acts@). If there is any conflict between any provision of the Project Documents and any mandatory provision of either of the Governing Acts,the mandatory provision of the applicable Governing Act shall control and neither Declarant nor the Association shall have any liability for actions taken in conformity with such Governing Act. If there is any conflict between any provision of the Project Documents and any permissive or non-mandatory provision of either of the Governing Acts, the provision of the Project Documents shall control. In the event of any conflict between this Declaration and any other Project Documents, this Declaration shall control. In the event either the Articles or Bylaws conflict with this Declaration, this Declaration shall control. In the event the Articles conflict with the Bylaws, the Articles shall control. 16.7 Captions. The captions and headings in this Declaration are for Convenience only, and shall not be considered in construing any provision of this Declaration. 16.8 Numbers and Genders. Whenever used herein,unless the context shall otherwise provide, the singular number shall include the plural,plural the singular,and the use of any gender shall include all genders. 16.9 Mergers. The Planned Community maybe merged or consolidated with another Planned Community of the same form of ownership by complying with '38-33.3-221 of the Act. 16.10 Captions. The captions and headings in this Declaration are for convenience only, and shall not be considered in construing any provision of this Declaration. IN WITNESS WHEREOF, Declarant has caused this Declaration to be executed this day of , 2002. DNS DEVELOPMENT, LLC A Colorado Limited Liability Company By: Elizabeth J. Scholten, Manager STATE OF COLORADO ) ) SS. COUNTY OF BOULDER ) The foregoing instrument was acknowledged before me this day of 2002 by Elizabeth J. Scholten as Manager of DNS DEVELOPMENT, LLC, a Colorado Limited Liability Company. My commission expires: WITNESS my hand and official seal. Notary Public EXHIBIT A TO THE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF THE SUMMIT AT MOUNTAIN VIEW LEGAL DESCRIPTION OF THE REAL PROPERTY SUBMITTED TO THE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF THE SUMMIT AT MOUNTAIN VIEW A tract of land located in the East %2 of Section 5, T1N, R68W, of the 6th P.M., Weld County, Colorado, more particularly described as follows: Lot B of recorded exemption No. 1467-05-1-RE 2196 recorded April 24, 1998 as Reception No. 2608497 being a part of the west one-half of the Northeast quarter of Section 5,T1N, R68W, of the 6th P.M.,Weld County, Colorado, EXCEPTING THEREFROM any portion of the aforementioned property lying within the Carmacar Ranchettes Subdivision as recorded June 1, 1970 as Reception No. 1548390 Weld County Records; ALSO EXCEPTING THEREFROM any portion of the aforementioned property lying within the Peaks @ Mtn View Subdivision as recorded April 19,2000 as Reception No. 2762590 Weld County Records. EXHIBIT B TO THE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF THE SUMMIT AT MOUNTAIN VIEW LEGAL DESCRIPTION OF THE COMMON AREAS SUBMITTED TO THE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF THE SUMMIT AT MOUNTAIN VIEW (TO BE SUPPLIED) EXHIBIT C TO THE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF THE SUMMIT AT MOUNTAIN VIEW THE RECORDING DATA FOR RECORDED EASEMENTS, LICENSES AND OTHER MATTERS OF RECORD WHICH THE PLANNED COMMUNITY IS OR MAY BECOME SUBJECT TO: 1. All easements referred to or contained in or granted or created by this Declaration. 2. All easements, conditions,restrictions and reservations as shown on the Plat. (BALANCE TO BE SUPPLIED) All recordings are in the records of the Weld County Clerk and Recorders Office,Weld County, Colorado. EXHIBIT D TO THE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF THE SUMMIT AT MOUNTAIN VIEW ARBITRATION PROCEDURES 1. All Claims subject to arbitration shall be decided by a single private party arbitrator to be appointed by the parties. 2. If the parties are unable to agree upon an Arbitrator within 30 days from the date of the Arbitration Notice, the presiding judge of the District Court in which the Planned Community is located shall appoint a qualified arbitrator upon application of a party. 3. No person shall serve as the arbitrator where that person has any financial or personal interest in the result of the arbitration or any family, social or significant professional acquaintance with any other party to the arbitration. Any person designated as an arbitrator shall immediately disclose in writing to all Parties any circumstance likely to affect the appearance of impartiality, including any bias or financial or personal interest in the outcome of the arbitration (AArbitrator Disclosure®). If any Party objects to the service of any arbitrator within 14 days after receipt of that Arbitrator's Disclosure, such arbitrator shall be replaced in the same manner in which that arbitrator was selected. 4. The Arbitrator shall fix the date, time and place for the hearing. The arbitration proceedings shall be conducted in the County in which the Planned Community is located unless otherwise agreed by the Parties. 5. Except as modified herein the arbitration shall be conducted pursuant to the then current Construction Industry Rules of Arbitration of the American Arbitration Association to the extent applicable, but shall not be conducted or administered by the American Arbitration Association. 6. No formal discovery shall be conducted in the absence of an order of the Arbitrator or express written agreement among all the Parties. 7. Unless directed by the Arbitrator, there will be no post-hearing briefs. 8. The Arbitration Award shall address each specific Claim to be resolved in the arbitration, provide a summary of the reasons therefore and the relief granted, and be rendered promptly after the close of the hearing and no later than 14 days from the close of the hearing,unless otherwise agreed by the Parties. The Award shall be in writing and shall be signed by the Arbitrator. 9. The Arbitrator shall have authority, in the sound exercise of discretion,to award the prevailing party such party=s costs and expenses, including reasonable attomey=s fees. Page 1 of 1 THE DECLARATION OF COVENANTS, CONDITIONS,AND RESTRICTIONS OF THE SUMMIT AT MOUNTAIN VIEW THIS DOCUMENT WAS DRAFTED BY, AND AFTER RECORDING, RETURN TO: William A. Love,Esq. Wells, Love& Scoby LLC 225 Canyon Blvd. Copyright 8 2002 Boulder, CO 80302 By William A. Love (303)449-4400 All Rights Reserved 8/20/02 l'1 REFERRAL LIST ti NAME: DNS Development, LLC CASE NUMBER: PF-568 REFERRALS SENT: August 30, 2002 REFERRALS TO BE RECEIVED BY: September 20, 2002 COUNTY TOWNS and CITIES _X Attorney -- _Ault _X Health Department Brighton _Extension Service Broomfield Emergency Management Office _X_Dacono _X Sheriffs Office Eaton _X Public Works _X Erie _Housing Authority Evans Airport Authority Firestone _X Building Inspection • _Fort Lupton _X Code Enforcement ' _X Frederick STATE Garden City Division of Water Resources Gilcrest _X Geological Survey- ' _Greeley _Department of Health _Grover Department of Transportation Hudson Historical Society _Johnstown Water Conservation Board Keenesburg _Oil and Gas Conservation Commission Kersey Division of Wildlife: LaSalle _X Loveland— Lochbuie Greeley _Longmont Division of Minerals/Geology Mead FIRE DISTRICTS Milliken Ault F-1 New Raymer Berthoud F-2 _Northglenn Briggsdale F-24 _Nunn _Brighton F-3 Pierce Eaton F-4 Platteville Fort Lupton F-5 Severance Galeton F-6 Thornton Hudson F-7 Windsor Johnstown F-8 La Salle F-9 _X Mountain View F-10 COUNTIES Milliken F-11 Adams Nunn F-12 Boulder Pawnee F-22 Larimer Platteville F-13 Platte Valley F-14 FEDERAL GOVERNMENT AGENCIES Poudre Valley F-15 US Army Corps of Engineers Raymer F-2 _USDA-APHIS Veterinary Service Southeast Weld F-16 _X Federal Aviation Administration Windsor/Severance F-17 Federal Communication Commission Wiggins F-18 Union Colony F-20 SOIL CONSERVATION DISTRICTS Brighton OTHER Fort Collins _X School District RE-1J, Greeley Ditch Company Longmont _X_Kim Ogle(Landscape Plans) West Adams _X Boulder Valley SEP.24.2002 11:42AM USA sop.," IONS NO.755 P.2 ' Weld County Referral eSeptember 3, 2002 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant DNS Development, LLC _ Case Number PF-568 Please Reply By September 20, 2002 'Planner Carla Angeli Project Final Plan for seven (7) Estate Zone Lots. Legal Lot B of RE-2196; part of the E2 of Section 5,T1 N, R68W of the 6th P.M., Weld County, Colorado. Location 1/4 mile south of Hwy 52 on WCR 5;west on Mountain View Street; north on Fir Avenue (west of Carmacar Ranchette Subdivision). Parcel Number 1467 05 100020 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. My 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. Weld County Utility Board Design Review Meeting: October 10, 2002 ❑ e have reviewed the request and find that it does/does not comply with our Comprehensive Plan Q We have reviewed the request and find no.conflicts with our interests. ID See attached/a —— — rnmmentr ?a( /Ai e_ E O 77th? IJ S � its Signature c _ . ;� Date 9 —2 7-c) Agency //a1® .��cv lrcC . *Weld County Planning Dept 41555 N.17th Ave.Greeley,CO.80631 4(970)353.6100 exr.3540 4(970)304.6498 fax . SEP.24.2002 11 42A USA 50}s+TIONS N0.755 P.1 INIT D p0 R UNITED POWER, INC. PO Box 929, Brighton, CO 80601 • one 303-658-0551 • 1-900-468-8809 Fax:303 59-2�7p . http_hvww unitedpowpower.com • . FAX TRANSMITTAL September 24,2002 To; WELD COUNTY UTILITY BOARD do Donita May,Secretary Phone: 970-353-6100 ext 3540 Fax: 970-304-6498 From: Al Trujillo, Senior Right Of Way Specialist Phone:303-637-1241 Fax: 303-637-1338 I REQUEST FORTION-EXCLUSIVEIJTILITY EASEMENTS PLANNERITI I i i i CASE NO. ll` PR07E I CARLA ANGELT C �_ I I t I I I - OF-568 SUMMIT AT MOUNTAIN VIEW l l l i l � l 1 1 . I i_ I I I I i l l � l i i i RESPONSE%RECOMMENDATIONS:NON-EXCLUSIVE UTILITY EASEMENTS I I I I. OPEN SPACE PARCELS TO INCLUDE UTILITY USEAGE III I I I I 1 PLEASE LET ME KNOW IF I CAN BE OF FURTHER ASSISTANCE ON THIS MATTER AND THANKS AGAIN FOR.YOUR HELP. Your Touchstone Energyt' Partner Sep 13 02 ❑6: 48p Mike /+abler 303- 6-6663 p. 2 Weld County Referral �• August 30, 2002 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant DNS Development, LLC Case Number PF-568 Please Reply By September 20, 2002 Planner Carla Angeli Project Final Pian for seven (7) Estate Zone Lots. Legal Lot B of RE.2196; part of the E2 of Section 5,T1 N, R68W of the 6th P.M., Weld County, Colorado. Location 1/4 mile south of Hwy 52 on WCR 5;west on Mountain View Street; north on Fir Avenue (west of Carmacar Ranchette Subdivision). Parcel Number 1467 05 100020 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. Weld County Utility Board Design Review Meeting: October 10, 2002 ❑ We have reviewed the request and find that 8 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 m,A. L ,„`' 7// Date a SCCe2voZ Agency Corte. d/✓ . Ci f1X1527) +Weld County Planning Dept. +1555 N.17th Ave.Greeley,CO.80631 3(970)353-6100 ext.3540 3(970)3046498 fax Weld Co;;,,., f-).1 .:nnt CCU 13 2002 rte:k aT Weld County Referral wimiC 7^' August 30, 2002 COLORADO 9-S The Weld County Department of Planning Services has received the following item for review Applicant DNS Development, LLC Case Number PF-568 Please Reply By September 20, 2002 Planner Carla Angeli b Project Final Plan for seven (7) Estate Zone Lots. Legal Lot B of RE-2196; part of the E2 of Section 5, T1 N, R68W of the 6th P.M., W County, Colorado. Location 1/4 mile south of Hwy 52 on WCR 5;west on Mountain View Street; north on Fir Avenue (west of Carmacar Ranchette Subdivision). Parcel Number 1467 05 100020 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. Weld County Utility Board Design Review Meeting: October 10, 2002 ❑ We have reviewed the request and find that it does/does not comply with our Comprehensiv> Plan We have reviewed the request and find no conflicts with our interests. D See attached letter. Comments: 7,7 Signature ,4 6, Wit-L.6,— Date 9/7/6z Agency clot& +Weld County Planning Dept. +1555 N. 17th Ave.Greeley,CO.80631 +(970)353-6100 ext.3540 +(970)304-6498 fax Weld County ?liming Der-tine-it 17FICE Ski' 0 9 2002 Weld County Referral C. August 30, 2002 COLORADO The Weld County Department of Planning Services has recgived the following item for review: Applicant DNS Development, LLC Case Number PF-568 Please Reply By September 20, 2002 Planner Carla Angeli Project Final Plan for seven (7) Estate Zone Lots. Legal Lot B of RE-2196; part of the E2 of Section 1, Ti N, R68W of the 6th P.M., Weld County, Colorado. Location 1/4 mile south of Hwy 52 on WCR 5;west on Mountain View Street; north on Fir Avenue (west of Carmacar Ranchette Subdivision). Parcel Number 1467 05 100020 r 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. Weld County Utility Board Design Review Meeting: October 10, 2002 ❑ 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: c Signature ( - � Date 9.6.0 Agency /( Y! ($ .O 4r +Weld County Planning Dept. +1555 N. 17th Ave.Greeley,CO.80631 +(970)353-6100 ext.3540 4(970)304-6498 fax 09/05/2002 14:04 3039262706 n TOWN OF ERIE PAGE 01/01 rea(t9 ril;\\D Weld' eld County Referral • C� August 30, 2002 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant DNS Development, LLC Case Number PF-568 Please Reply By September 20, 2002 Planner Carla Angell Project Final rlan for seven (7) Estate Zone Lots. Legal Lot B of RE-2196; part of the E2 of Section 5,T1 N, R68W of the 6th P.M. Weld County, Colorado. Location 1/4 mile south of Hwy 52 on WCR 5;west on Mountain View Street; north on Fir Avenue (west of Carmacar Ranchette Subdivision). Parcel Number 1467 05 100020 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. Weld County Utility Board Design Review Meeting: October 10, 2002 We have reviewed the request and find that it does/Moo`not comply with our Comprehensive Plan 921 We have reviewed the request and find no conflicts with our interests. O See attached letter. Comments: Signature Qjle-4(/ Date /�/�/!/erg � ZOOZ Agency l °Weld County Planning Dept. 91555 N. 17th Ave.Greeley,CO.80631 9(970)353-6100 ext.3540 4(970)304-6498 fax ckitz Weld County Referral WI ' C August 30, 2002 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant DNS Development, LLC Case Number PF-568 Please Reply By September 20, 2002 Planner Carla Angeli Project Final Plan for seven (7) Estate Zone Lots. Legal Lot B of RE-2196; part of the E2 of Sec'inn 5, Ti N, R68W of the 6th P.M., Weld County, Colorado. Location 1/4 mile south of Hwy 52 on WCR 5;west on Mountain View Street; north on Fir Avenue (west of Carmacar Ranchette Subdivision). Parcel Number 1467 05 100020 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. Weld County Utility Board Design Review Meeting: October 10, 2002 ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan t& We have reviewed the request and find no conflicts with our interests. ❑ See attached letter. Comments: U' t 1 're J.tvin "1 MA r20]Q i K f)`Ca f .1•Thp dQ Cb \f 16ifttirw N i il_51\Q . noktd Signature Date q "5"et) Agency 71S0\ ,q / nnry ?nC L •:-Weld County Planning Dept. +1555 N. 17th Ave.Greeley,CO.80631 +(970)353-6100 ext.3540 +(970)304-6498 fax Weld County Planning Department UM EY OFFICE (i 6 no- 302002 MEMORANDUM FILCEWED ' TO: Chris Gathman, Planner DATE/8 October 2002 C. FRO M: Peter Schei, P.E., Civil Engineer COLORADO SUBJECT: PF-568, Summit at Mountain Vie 'PUD (Final Plat) The Weld County Public Works Department has reviewed this final plat request and has the following remarks. CONDITIONS OF APPROVAL: ❑ A final plat drawing(s), signed, stamped and dated, shall be submitted to Public Works for review and approval. ❑ The applicant must remove the 20-foot building setback noted on the final plat. This is not a standard feature of a final plat. ❑ It is Public Works understanding the oil storage tank has been relocated. The new location and 200-foot setback shall be shown on the final plat. The applicant must confirm this for final plat approval. External Roadways: ❑ The applicant shall label the (60-foot) right-of-way for Summit Way on the final plat. o A bus pullout will not be constructed for this development. Public Works and St. Vrain Valley School District (letter dated May 14, 2002) are not requesting this feature. ❑ The applicant shall enter into Improvements Agreements According to Policy Regarding Collateral For Improvements. These agreements shall be approved by the BOCC prior to recording the final plat. o The applicant has submitted an on-site Improvements Agreement for Private Road Maintenance. This agreement is inaccurate, and should be a Public Road Maintenance agreement. Since Summit Way will be paved, the County will take it for maintenance following the warranty period. The applicant shall submit an on-site Improvements Agreement for Public Road Maintenance (Summit Way). o The applicant shall submit an off-site Road Maintenance and Improvements Agreement regarding access to the development via public gravel roadways. The N1-Y[IulPlmioing RmicwV-WmIPWiNF£6tl Sumw� dMouWviu Vcm PIIDlFiud PWpJot Page 1 of 3 ?so[bboo2 applicant shall be responsible for dust suppression (chemical) during the time the development is under construction. Internal Roadways: o The applicant shall show only one typical street cross-section in the roadway and grading plans. The section show-n on sheet 2 of 6 should be removed. o Summit Way is shown incorrectly in plan view as a 32-foot wide paved roadway on the Construction Plans. The applicant shall be consistent with the dimensioning of the roadway section throughout the plans. AEasements shall be shown in accordance with County standards and / or Utility Board recommendations, also dimensioned on the final plat. o Public Works does not require posting a speed sign. If the applicant posts a speed limit sign in Summit at Mountain View PUD, a similar sign and speed limit to that posted in Carmacar Ranchettes development must be used. Drainage: o Public Works in their change of zone referral dated January 29, 2002, had requested additional storm water information. The final drainage report must delineate off-site and on-site basins with historic and proposed runoff data for each, provide calculations for sizing of orifice and weir and culvert, discuss routing of detention pond discharge to existing drainage features, and show the 5-year storm release rate from the detention pond. An orifice is shown in the drainage report, but not on the grading and drainage plan. o A final drainage report stamped, signed and dated by a professional engineer licensed in • the State of Colorado shall be submitted with the final plat application. The 5-year storm and 100-year storm drainage studies shall take into consideration off-site flows both entering and leaving the development. Increased runoff due to development will require detention of the 100-year storm developed condition while releasing the 5-year storm existing condition. o The drainage report indicates there will be overland drainage, therefore the applicant shall address building site grading and note finished-floor-elevations on the Grading & Drainage Plan. ❑ The Ditch & Berm at Prop. Line section on the Grading & Drainage Plan must include a length dimension on the plan to delineate perimeter limits. o The final drainage report shall document a review of FEMA maps to determine if flood hazards exist. ❑ The applicant shall show and identify the irrigation ditch(es) adjacent to the west boundary of the development. A letter of confirmation from the ditch owner must be submitted to Public Works regarding the ditch(es), their use and/ or abandonment. Also, M-vPumnFlnnnuny Fcvlev.O.Fnul Plvl\PF-368Sumnul di Mouwwe View PUD IFinci Pluo doc Page 2 of 3 ?ROclobwu$ • .a.. easements for any ditch must be dedicated on the final plat. O The equestrian/pedestrian trail appears to be in conflict with the ditch(es) on the west boundary of the development. Provisions must be made for ditch easement(s). RECOMMENDATION: The above Conditions shall be fulfilled prior to recording the final plat. Any issues of concern must be resolved with the Public Works Department prior to recording the final plat. PC: PF-568 Email & Original: Planner PC by Post: Applicant (David Dalglish) PC by Post: Engineer (Foothills Engineering). MA-PcluNlmllug Mnaw\iPinul Plcl\Pp-SaB Sumnicl Mopnwii Vlrn PUP IFi, IP]'L&c Page 3 of 3 PSOuoM1m03 46(eg MEMORANDUM TO: Carla Angeli, Planner I wilpe DATE: September 15, 2002 COLORADO FROM: Kim Ogle, Planner III Y'v SUBJECT: The Summit at Mountain View PUD Case number PF-568 David Daglish, applicant 011 The Department of Planning Services has reviewed the Landscape Plat for The Summit at Mountain View PUD and offers the following comments. An Improvements Agreement for OP Private Road Maintenance was not received in the referral packet. Per the application materials, the applicant is proposing seven three plus acre residential lots and approximately 4.4 acres of common open space to maintained by the Home Owners Association. Improvements exist on Lot 6 of the PUD. The applicant's engineer shall prepare the Final Landscape Plan per the requirements of Section 23-2-690. The Vicinity Map shall be delineated at a scale of 1"=2000 feet and the Site Plan shall be delineated at a scale of 1"=100 of 1"=200 feet, an exceptions will be made to have the Landscape Plan drawn to a scale of 1"=50 feet. The Landscape Plan shall be developed in accordance with Section 27-9-30 of the Weld County Code. Further, the plan shall address Section 27-6-60.A; Section 27-6-60.B.2, fences, walls and berms; Section 27-6-60.B.3 maintenance; Section 27-6-60.B.4 Improvements Agreement. On-site landscape treatment consists of a shrub material fronting the drainage detention pond adjacent to Fir Avenue and Longs Peak Street. Additional evergreen trees are informally placed in a clump and gap pattern along the north property line, within the one hundred foot wide open space area. Although a berm has been delineated on the plat, south of Summit Way, there is not an indication as to how the berm will be stabilized to prevent wind and water erosion. Future submittals shall provide a detailed description of how this issue will be addressed. The application drawing package did not delineate the monument sign as described in the application materials. Future submittals shall provide a detailed Landscape Plan for the entry, including the design of the monument sign for the proposed development. Per the application materials, the open space areas currently consist of agricultural products, weeds and grasses. Should the weeds be determined to be noxious, the applicant shall contact Ron Broda of the Department of Public Works to develop a weed management plan. Evidence of such plan or evidence of compliance with the weed control Ordinance shall be submitted to the Department of Planning Services. It is recommended that the open space be planted in native and/or drought tolerant grasses. Future correspondence shall identify the species of grass seed mix and whether the mix is to be drilled or broadcast for installation. Further, the applicant has not addressed the landscape treatment for areas within the drainage detention pond. The applicant proposes to plant the Apache Plume shrub material in an area delineated on the Grading and Drainage Plan as a Detention Pond Outlet, see Detail, Page 2 of 6, staff has concerns as to how this will be achieved. Future correspondence shall indicate how the applicant will place plant material in an area with a concrete weir. r•� Staff has concerns with the lack of a selection of native grasses and the potential for noxious weeds to gain a foothold and establish themselves within the open space areas. Future correspondence shall identify the proposed management plan for the open space, particularly given the close proximity of the agricultural production lands in the immediate vicinity. Per the application materials, the open space area, including the entry area plant materials will be irrigated utilizing a non-potable water source, from either an installed watering system or by truck. Future correspondence shall identify the source of this water and the timing of delivery, as in earlier statements, there is no water available on site for the open space. Staff has concerns with the eight foot wide crushed fine crushed gravel pathway that is delineated around the perimeter of all PUD Lots. This path is labeled as a Equestrian/ Pedestrian Trail, typically located within a twenty five foot linear common open space area. The applicant shall provide specific documentation regarding the proposed improvements, including, but not limited to equestrian trails as identified on the Landscape Plan and additional information is required for the circulation and parking of the livestock trailers for this use within the Summit at Mountain View PUD. Staff remains concerned that the perimeter open space area will not be maintained and be adequately managed by the Home Owners Association resulting in an overgrown fringe area with the potential for noxious weeds, poorly maintain trail, and potentially animal wastes. Additional information is required for the waste management plan for this site and how the trail system will be connect with other trails in the area. o ) e\ K� The St. Vrain Valley School District requested a pullout waiting area for buses near the w � intersection of Fir Avenue and Summit Way. Future applications shall address the issue of bus 5�r Nkr pull-off and pick-up points, specific to the relationship of the point of ingress/ egress of the PUD. This shall be graphically delineated on the drawings. Further, the location and � relationship to the bus pull-off has not been delineated on the submitted drawings. The Final qn o \Plat shall reflect these additions to the development. \ The mailbox pedestal location and turn out is not delineated on the plats. This shall be � got- graphically delineated on the drawings. jk, 5 S The internal road for this PUD development shall be paved and meet the Code requirements of *4'b Chapters 24 and 27. Per Section 24-2-20 all PUD developments will be served by an internally 1 f LT,4 paved road system according to County standards. The cross-section delineated in the .t, drawing package has identified two 12-foot paved lanes and two 4-foot gravel shoulders sw adjacent to borrow ditches placed on each side of the road. The Department of Public Works ,uj shall address this issue. Ye Sa \oti A general note regarding the graphic delineation of the of the swale relative to the residential driveways. The driveways should be delineated to cross the swale, and a culvert if required shall be delineated on the plans. The applicant shall demonstrate compliance with Section 27-6-80.B of the Weld County Code specific to the fifteen percent useable open space requirement being met. Including the detention pond area in the open space calculations may not meet the intent of this section of the Code. Summary The applicant shall provide additional information pertaining to the selection of plant material in the open space areas, including type of xeric plant material to be installed. The applicant shall provide additional information pertaining to a Weed Management Plan through Ron Broda with the Department of Public Works, if required. Evidence of meeting this concern shall be submitted to the Department of Planning Services. The applicant shall provide additional information pertaining to the equestrian trail and associated elements. The applicant shall provide additional information pertaining to plant material mix of the proposed native grasses, the method of installation and the management practices to be implemented such that noxious weeds are not prevalent within this development. The applicant shall provide additional information pertaining to the location of the plants adjacent to the detention pond in relationship to the concrete weir. The applicant shall provide additional information pertaining to the entry sign and plant materials, including common, botanical and species names, size at installation and any additional information deemed necessary by Landscape Designer. The applicant shall provide evidence of the non-potable water source and delivery for irrigation for proposed plant materials. The applicant shall provide additional detail to the relationship of the bus pull-out, mail box location and point of ingress and egress for development. �,WE ('The applicant shall submit an Improvements Agreement for Private Road Maintenance for `s \review and approval prior to submitting the Final Plat. ke ok�n� ,D End Memorandum. Dy ,g05- \ landscape referral\estates at Hill Lake PUD_O.wpd SUMMIT AT MOUNTAIN VIEW Developer: DNS Development Case # Z-568 Planner: Carla Angell PT E2 05-01-68 LOT B RE-2196 ZONED ESTATE IS NOT IN FLOOD PLAIN (0960D) IS IN RIF AREA LEFT HAND WATER DISTRICT INDIVIDUAL SEPTIC SYSTEMS Lot 1 5580 Summit Way Lot 2 5570 Summit Way Lot 3 5560 Summit Way Lot 4 5555 Summit Way Lot 5 5559 Summit Way Lot 6 5569 Summit Way Lot 7 5579 Summit Way if an in COLORADO Peggy Gregory,Building Technician Building Department 1555 North 17th Avenue Greeley Co 80631 Phone:(970)353-6100,extension 3573 Fax: (970)304-6498 E-Mail:pgregory@co.weld.co.us Weld County Planking Denertment c^_cl_ O.-F CE St. Vram Valley SEA 1 3 2002 School District January 9,2002 L . x Carla Angeli Weld County Planning Department 1555 N. 17th Ave. Greeley, CO 80631 RE: Recommendation to opposes Summit at Mountain View Change of Zone{Lot B of RE-2196, situate in the East'A of Section 5, Ti N, R68W) Dear Trudy: Thank you for referring Summit at Mountain View Change of Zone to the School District. The District has reviewed the development proposal in terms of future student impacts and available school capacity and has the following RECOMMENDATION: the District is OPPOSED to the approval of this application due to this development's impact on already overcrowded school facilities. The Board of Education has established a district-wide policy of opposing new developments that add to the student enrollment of schools projected to be at or above 125% of their capacity. This particular application, which is currently located in the Erie Elementary and Erie Middle/Senior High feeder, will add 6 new single- family dwelling units with a potential impact of 4 additional students in this feeder. The District opposes this development because, as indicated in the chart below, Erie Elementary and Erie Middle/Senior High schools will exceed 125% of their capacity with the addition of students from this development. The District may reconsider this opposition should the developer wish to discuss how the development can be better timed to coincide with the District's construction of new facilities, or if other mitigation measures can be taken to accommodate this development's contribution of new students in light of school capacity shortfalls. PROPOSED DEVELOPNENT CAPACITY BENCHMARK Building Oct 01 Stdnts. Enrollment w, New Proj. Stdntt w/proposed Capacity Capacity Enrollment Impact Development Capacity 2005 development 2005 Elementary 528 501 2 503 95% 1199 1201 227% Middle/Senior 618 573 2 575 93% 1229 1231 199% Total 1146 4 2428 2432 The recommendation of the District noted above applies to the attendance boundaries current as of the date of this letter. Residential growth and new school facilities could affect the project's attendance area in the future. As of this time, there are no anticipated boundary changes or facility expansions that would warrant a change in the current attendance areas. Should the County decide to recommend approval of this development proposal, the School District's cash-in- lieu and/or land dedication requirement would still need to be satisfied. This requirement involves the dedication of land with the adjacent infrastructure or payment of an equivalent cash-in-lieu fee based on the student yield of the development. . Although cash-in-lieu fees are insufficient to help provide for construction of schools and resolving capacity shortages, it does assist in the purchase of land for future school sites. Since this property is not a likely future school site, the fee would be assessed per the attached chart. Also, transportation would most likely be provided for this site. Please let me know of any further questions. Sincerely, Glen Segrue, P Planning Specialist GS:jkr ST.VRAIN VALLEY SCHOOL DISTRICT PLANNING DEPARTMENT.395 SOUTH PRATT PARKWAY, LONGMONT, CO 80501.SCOTT TOILLION,MANAGER.PHONE 303-682-7229. FAX 303-682-7344. 3 m a E c 71 c r co « ii a C C 7 O 0 C T c C E co a E 7 to d• c o _ j N c c v� 0 . c 0 E c "' a v 0.1 0. 0 0 0 0 N c 7 0 00 00 00 > M COCO cri M d J Q 49 EA S S C 0 y• ma a 0 0 � co • 0 0 0 u J air Oa a O Q c C• Q C d N V U a a p LL 0 N co a oU •p 7 N '02.3, O 00 co N ,.W. V N L• .• c N C MNa -o O 0 o — v o 7 N LO r CO o y LL N a v .. 0 — N C CIR l) .o W M 7r r 4) O coN y O N O O O r V a` co a) m E N E 0 c N- r r- o 7 D Z w E LL co J c u_ o o a) o w a) cc E v n m rn C_ W N : m y0 C 6 _ 2 2 H U) N O a) m MEMORANDUM Weld County Planning Department GI-EL EY 0br''C To: Carla Angel S ? 0 6 2002 From: Ken Poncelow r., Date: September 5, 2002 [(C L L a V it: Subject: PF-568 The sheriffs office recommends the following improvements for this housing sub-division: 1. The names of all streets within the sub-division should be presented to the sheriffs office for approval. This will eliminate duplication of street names within the county. 2. A permanent sign should be placed at the entrances to the sub-division detailing the name of the sub-division, address, and a graphical presentation of the roadways within the subdivision. There should be a plan developed to maintain this sign. 3. If the roadways within this sub-division are not maintained or adopted by the county, individuals purchasing property in this sub-division should be notified that the sheriffs office will have limited traffic enforcement powers. 4. A plan should be developed to maintain roadways within the sub-division especially during inclement weather conditions for emergency vehicles. 5. The sheriffs office is very supportive of homeowner funded homeowners associations. These associations provide a contact for the sheriffs office and a means for maintaining common areas. 6. There is a oil or gas well within this sub-division. This needs to be fenced off in order to mitigate the potential for tampering. These facilities are known to create an attractive nuisance for young people. Tampering not only creates a significant danger to safety but also of environmental damage with extensive mitigation and clean-up costs. The Sheriffs Office lacks the ability to absorb any additional service demand without the resources recommended in the multi-year plan provided to the Board of County Commissioners or as indicated by growth not considered at the time the plan was developed. I have no other comments on this proposal. Weld County Referral C. August 30, 2002 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant DNS Development, LLC Case Number PF-568 Please Reply By September 20, 2002 Planner Carla Angeli Project Final Plan for seven (7) Estate Zone Lots. Legal Lot B of RE-2196; part of the E2 of Section 5, Ti N, R68W of the 6th P.M., Weld County, Colorado. Location 1/4 mile south of Hwy 52 on WCR 5;west on Mountain View Street; north on Fir Avenue (west of Carmacar Ranchette Subdivision). Parcel Number 1467 05 100020 _ J 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. Weld County Utility Board Design Review Meeting: October 10, 2002 ❑ 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 c___ J Date \ fl A dra- Agency c1/4\ ' t •:•Weld County Planning Dept. +1555 N. 17th Ave.Greeley,CO.80631 +(970)353-6100 ext.3540 +(970)304-6498 fasEf g tout N,pUN7gyq, MOUNTAIN VIEW FIRE PROTECTION DISTRICT Administrative Office: 9119 County Line Road•Longmont, CO 80501 (303) 772-0710• FAX (303) 651-7702 VIEW September 17, 2002 Ms. Carla Angeli Weld County Planning Department 1555 North 17th Avenue Greeley, CO 80631 Dear Ms. Angeli: I have reviewed the submitted material pertaining to the Summit at Mountain View, located 'A south of Highway 52, west of Weld County Road 5 at Fir Avenue and Mountain View Street (Case Number: PF-568). The Fire District does not object to final plan and subsequent development, provided the development is able to meet the requirements of the Fire District. All applicable codes must be met as they pertain to water supply, fire hydrant locations, fire department access, and street designs. Based on my review, I have the following comments: • Access appears to be satisfactory as indicated on the plans. Fire apparatus access roads must be designed and maintained to support the imposed loads of fire apparatus (60,000 pounds) and must have a surface that provides all-weather driving capabilities. All access roads will need to be constructed and approved before building permits are issued. • A minimum fire flow of 1,000 gallons per minute, measured at a residual pressure or 20 pounds per square inch, is required for one- and two-family dwellings not exceeding 3,600 gross square feet. All other buildings (including larger one- and two-family dwellings) require a minimum fire flow of 1,750 gallons per minute and may require more depending on the building size and type of construction as per Appendix III-A of the Uniform Fire Code. • If required water supply (fire flow) for fire protection can not be provided, the following language must be added to the subdivision covenants. Mandatory Interior Fire Sprinkler Systems Required. The Declarant has been informed by the Mountain View Fire Protection District that water supply for fire protection is not adequate for homes larger than 3,600 square feet and that the fire protection district will require a mandatory interior fire sprinkler system to be installed in each residence over 3,600 square feet. Each lot owner who constructs a residence larger than 3,600 square feet shall be required to comply with the fire protection standards of the Mountain View Fire Protection District, as those standards exist on the date of the recording of this Declaration or are subsequently amended after the recording of this Declaration. • Fire hydrants spacing is adequate as indicated on the plans submitted Fire hydrants must be in service before combustible building materials are brought onto the site. Station 1 Station 2 Station 3 Station 4 Station 5 Station 6 Station 7 9119 Cnty Line Rd. 10971 WCR 13 P.O.Box 575 P.O.Box 11 10911 Dobbin Run P.O.Box 666 P.O.Box 40 Longmont,CO Longmont.CO 299 Palmer Ave. 8500 Niwot Road Lafayette,CO 600 Briggs 100 So.Forest St. 80501 80504 Mead,CO 80542 Niwot,CO 80544 80026 Erie,CO 80516 Dacono,CO 80514 Ms. Carla Angeli September 17, 2002 Page Two • The street intersection must be marked with a sign showing the street name and address range at the time building construction begins. All residences shall have a legible address that is clearly visible from the street fronting the property. Address numbers or letters shall contrast with their background. • As soon as the final plat is approved, the applicant must provide to the Fire District an eight and one half-inch by eleven-inch map of the subdivision showing the street configuration, street names,hydrant locations and addresses of the lots if available. Nothing in this review is intended to authorize or approve of any aspect of this project that does not comply with all applicable codes and standards. We appreciate being involved in the planning process, should you have any questions,please contact me at(303)772-0710. Sincerely, LuAnn Penfold Fire Marshal LMP/lp cc: Mr. David Dalglish, 6025 Fox Hill Drive, Longmont, CO 80501 project file file 1p09.1r.02 a rest Weld County Referral C. August 30, 2002 COLORADO The Weld County Department of Planning Services has received the following item for review Applicant DNS Development, LLC Case Number PF-568 Please Reply By September 20, 2002 Planner Carla Angeli Project Final Han for seven (7) Estate Zone Lots. Legal Lot B of RE-2196; part of the E2 of Section 5, Ti N, R68W of the 6th P.M., Weld County, Colorado. Location 1/4 mile south of Hwy 52 on WCR 5; west on Mountain View Street; north on Fir Avenue (west of Carmacar Ranchette Subdivision). Parcel Number 1467 05 100020 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. Weld County Utility Board Design Review Meeting: October 10, 2002 ❑ We have reviewed the request and find that it does/does not comply with our Comprehen.;ive Plan ❑ We have reviewed the request and find no conflicts with our interests. kr See attached letter. Comments: 1/QcpiSignature . Date pp 23 2-60Z 7 " Agency *Weld County Planning Dept. +1555 N. 17th Ave.Greeley,CO.80631 +(970)353-6100 ext.3540 •+(970)304-6498 fax Pak Q DEPARTMENT OF BUILDING INSPECTION rs Weld County Administrative Offices 1555 N. 17th Avenue, Greeley, CO 80631 WEBSITE: www.co.weld.co.us Phone (970) 353-6100, Ext. 3540 Fax (970) 304-6498 COLORADO September 23, 2002 DNS Development, LLC Final Plan for seven (7) Estate Zone Lots. PF-568 1. Building permits shall be obtained prior to the construction of any building. 2. A plan review is required for each building. Plans shall bear the wet stamp of a Colorado registered architect or engineer. Two complete sets of plans are required when applying for each permit. 3. Buildings shall conform to the requirements of the codes adopted by Weld County at the time of permit application. Current adopted codes include the 1997 Uniform Building Code; 1998 International Mechanical Code; 1997 International Plumbing Code; 1999 National Electrical Code and Chapter 29 of the Weld County Code. 4. Each building will require an engineered foundation based on a site-specific geotechnical report or an open hole inspection performed by a Colorado registered engineer. Engineered foundations shall be designed by a Colorado registered engineer. 5. Building height shall be limited to the maximum height allowed per UBC Table 5-B. Wall and opening protection and limitations shall be in accordance with UBC Table 5-A. Separation of buildings of mixed occupancy classifications shall be in accordance with UBC Table 3-B and Chapter 3. Setback and offset distances shall be determined by the Zoning Ordinance. 6. Building height shall be measured in accordance with the 1997 Uniform Building Code for the purpose of determining the maximum building size and height for various uses and types of construction and to determine compliance with the Bulk Requirements from Chapter 27 of the Weld County Code. Building height shall be measured in accordance with Chapter 23 of the Weld County Code in order to determine compliance with offset and setback requirements. Offset and setback requirements are measured to the farthest projection from the building. 7. A Flood Hazard Development Plan shall be submitted for buildings constructed within the 100-year flood plain. Service,Teamwork, Integrity,Quality Page 2 Please contact me for any further information regarding this project. Sincerely, Jeff Reif Building Official Service,Teamwork, Integrity, Quality Memorandum TO: Chris Gathman, W.C. Pla nning ' DATE: November 6, 2002 O • FROM: Pam Smith, W.C. Department of Publ COLORADO Health and Environment J j CASE NO.: PF-568 NAME: DNS Developments mmit at Mountain View The Weld County Health Department has reviewed this final plat application. The submitted final plat has been recorded with the Weld County Clerk and Recorder office and includes the following notes: 1. Water service shall be obtained from the Left Hand Water District. 2. A Weld County Septic Permit is required for each proposed septic system and shall be installed according to the Weld County Individual Sewage Disposal System Regulations. Each septic system shall be designed for site-specific conditions, including but not limited to maximum seasonal high groundwater, poor soils, and shallow bedrock. 3. The applicant shall obtain a storm water discharge permit from the Water Quality Control Division of the Colorado Department of Public Health and the Environment, if required. Silt fences shall be maintained on the down gradient portion of the site during all parts of the construction phase of the project. 4. During development of the site, all land disturbances shall be conducted so that nuisance conditions are not created. If dust emissions create nuisance conditions, at the request of the Weld County Health Department, a fugitive dust control plan must be submitted. 5. In accordance with the Regulations of the Colorado Air Quality Control Commission any development that disturbs more than 5 acres of land must incorporate all available and practical methods that are technologically feasible and economically reasonable in order to minimize dust emissions. 6. If land development creates more than a 25-acre contiguous disturbance,or exceeds 6 months in duration, the responsible party shall prepare a fugitive dust control plan, submit an air pollution emissions notice, and apply for a permit from the Colorado Department of Public Health and Environment. 7. "Weld County's Right to Farm" as provided in Appendix 22-E of the Weld County Code shall be placed on any recorded plat. O:\PAM\PLANNING\FI NALPLAMP F567.RTF Oct-01 -02 12 : 58P Co loradl^Geo - Survey 303 89.a.., 2174 P -01 Lese% ::rt; Weld County Referral iggiC. August 30, 2002 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant DNS Development, LLC Case Number PF-568 Please Reply By September 20, 2002 Planner Carla Angeli Project Final Plan for seven (7) Estate Zone Lots. Legal Lot B of RE-2196; part of the E2 of Section 5,Ti N, R68W of the 6th P.M., Weld County, Colorado. Location 1/4 mile south of Hwy 52 on WCR 5;west on Mountain View Street; north on Fir Avenue (west of Carmacar Ranchette Subdivision). Parcel Number 1467 05 100020 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. Weld County Utility Board Design Review Meeting: October 10, 2002 O 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. U See attached letter. Comments:/ Our ton,vr,c-4 , Wedb pYG5U,�� w A k%c - oakGa(- 1 Si..to 2. 2 DC t- `di' rnN�'Y1n..v.CI-VDIn al. I otataopi..,th Pleas An vluf- n..irto....-1v hetvt. r� 'mine.. /nit sta-1sfay.kia i l� (tXUft -for yt')ot�uxw, or oil kah.k- -k aItoW -rvr bL.�1G 411 th*UoN oh Lot %i 1 not- 15 ahV hew ee..aot >t,�[�al or 5�orG(Y+nUit�a.� i#it'Ytmacton 'pra✓ia4tot 1 So C 65 1145 ho UV1Gw Coir,yr.Chh Signature �\ 6Of,�i �i\I et\bOvv Date 10 t ! 2002 Agency V tokoVG -0 Gtot of cic.( GOWN/ 111 U +Weld County Planning Dept. +1555 N.17th Ave.Greeley,CO.80631 4(970)353-6100 ext.3540 ('(970)304-6498 fax • COLORADO GE STATE OF COLOIZAD GEOLOGICAL SURVEY Division of O • Minerals and Geology • Department of Natural Resources 1313 Sherman Street,Room 715 Denver,Colorado 80203 Phone:(303)866-2611 FAX:(303)866-2461Fats JulyFAX 2, 2001 �Ve]d C D County F1aDRlDb'D DEPART Robert Anderson ePt NAT UM Weld County Planning Department 9 Cv� RESOURCE 1555 N. 17th Avenue Greeley, in livens COCG 80631 jE� Governor V Greg E.Watcher Subject: Executive Director Review of Summit at Mountain Michael B Long �V ntala View Division Director piT�Sketch plan i Ue Vicki Cowart Dear Mr. Anderson: • W - - 7 Stare Geologist and Director Colorado Geological Survey I rd the site June v2 y has completed its site visit Ivisi 7 iteion lots 001. I understand the developer platy of the subdivide d this 28.59-acre parceldispos into of3 to 3.5 acres with 4.75 acres of pe to e. this Individual sewage enced project. systems (ISDS) are planned. I reviewed open space. sewage the Preliminary Geotechnical Engineering I The report evaluates potential site dEngin 2and septic system eealm n constraints ort nandred byes general dcon several co mendations. Pment and makes March 20, my tnts: While I concur with the recommendations in th report,construction 1. Lignite lenses were m the report I have Lignite observed in claystone samples collected from and its associated gases are flammable, and therefore basements are founded in two of lignite-bearinghealthpotentially the the borings. a basements hazard The depth and formations, very hazardous. If overexcavated during P thickness of gases can seep into living grading. lignite-containing units should n space and create 2. 9i1 and asp be identified and tanks 11( 1 An oil/gas well is located on and production need to by proposed lot 6. The wells,surroundinganeighborhood facilities should will evaluated,toe b, �` setback back of building e feet Thebuil out, to Beterpheatro lose the al enfrom all definition toof determine if it meets the Coloradousing the proposed final density envelope, a high-density area. The oil Oil and Gas ),processing fa Ty of homes at batteries would then need to be fenced gas well s from hazards s then ( )i warning posted Commission's s and locked, with facilities and tank should be with the machine signs . P to advised and a plat note should be in uded informing potentially tainted protect residentspumps and related asoils. Prospective residents Pumps equipment may be loud, y ua nuisance,e that the willoil/gas g and maintenance. Potential buyers of h pose slot should be mwell be provided to the operator of the well and require ongoing 3' �;ro''��ware . (s)• made aware that access �L Groundwater must by Terracro. was observed at depths of 11 to 16 form drilled as a result of 1 Since groundwater levels tend to rise seasonally ind three perched hthe borings e c landscape irrigation and increased runoff, Y and foundation drains widll beer can necessary G:ICarlsonl Weld Summit at Mountain View.doc 07/03/01,11:18 AM Robert Anderson Page 2 of 2 July 2, 2001 Groundwater.continued. around all basement areas. I agree with the drain system recommendations presented on page 9 of Terracon's report. 4. Foundation and ISDS Design The site soils exhibit varying strengths, water contents, relative densities and percolation rates. Laboratory testing indicates that the soils possess low to moderate collapse/settlement potential, and the underlying bedrock is low to moderately expansive. Given the variability in soil thickness and soil and bedrock engineering properties, I agree with Terracon's statement(page 1)that"a design level geotechnical exploration will be required on each building site in order to provide specific design and construction recommendations for foundations, floor slabs and septic systems." Thank you for the opportunity to review and comment on this project. If you have questions or need clarification of issues identified during our review, please call me at(303) 894-2173, or e-mail jill.carlson@state.co.us. Sincerely, Jill Carlson, C.E.G. Engineering Geologist G\Carlson\Weld summit at Mountain View.doc 07/03/01,11:18 AM s-29-02; 12:37PM;LandmarK signs 4 ',5477670075 # It Qwest QWEST 12121 Gram Street Room 201 Thornton,Colorado 80241 August 28,2002 • Subject: Telephone facilities to planned/proposed development. Attn:David Dalglish QWEST will provide service to your planned/proposed development,Summit at mountain view ,Erie Exchange, Colorado. Provisioning the service will be in accordance with tariffs on file at,the Colorado Public Utilities Commission.I will need a final plat with measurements,easements, addresses,your phasing plan,and a trench plan before I can have this engineered.If there are any further questions,or if I can provide any assistance,please contact me on 303-451-3181. Sin Mourh 27710 _ Le ,Q Y ess `_ �J Senior Design En ' eer LDA's IIIIII IIIII IIIIIII IIII IIIIII IIIIIIIIIi HI IIIII IIII IIII 2901862 11/19/2001 01:69P a Sold Tsukamojo 1 of 1 R 6.00 0 0.00 Weld County CO m QUITCLAIM DEED - THIS DEED,made this 1st day or November, 2001 between Robert D. Scholten and Elizabeth S. Scholten, as to an undivded 1/3 interest as tenants in common and David G. Dalglish and Karla I. Dalglish, as to an undivided 1/3' of the *County of Weld Canada gmnta(s),and and Sole of DNS DEti3LOPMGNT LLC whose legal address h 451 21st Ave., Longmont, CO 80501 of the County of Boulder and State ofcaoradq wnta(sl WITNESS,tun the pentode),for and in consideration of the sum of NO CONSIDERATION. Transfer for title purposes only v the lx and sufficiencysufficiencyof which is hereby DOLLARS, receipt do remise.release,sell ��'ha ve remised.related,sold and QUITCLAIMED,and M'these and QUITCLAIM unto the pant its heirs,successors and assigns forever,all the risj,i.tide,interest,dale,and demand which the gamin and have in and to the rpl property,together with improvements,if any. .situate,lying and being in the Count of Weld add described ss follows: t ate of Cdor2 Lot B of Recorded Exemption No. 1467-05-1-RE 2196 recorded State 2 1998 as Reception No. 2608497 being a part of the West 1/2 of the Northeast 1/4 of Section 5, Township 1 North, Range 68 west df the 6th P.M., Weld County, Colo- rado also known by street and number as 5579 Fir Ave., Erie, CO 80516 • *interest as joint tenacy and Robert D. Niemeyer, as to an undivded 1/3 interest • also Imam by street and number= 5579 Fir Ave., Erie, CO 80516 assessor's schedule orpmal number. TO HAVE AND WHOM the come,together wi h eland Minn:trthe appurtenant=and privileges thereunto bellonging,or in anywise thereunto ipDertaining,and all the estate,right,title,interest and claim whatsoner of the pentads),either in law or equity,to the only proper use,buret and behoof of the grmnee(s) its heirs and assign former. IN WITNESS WHEREOF dtepanter(s)ha ye treated this dad on the date set forth above. "ekv //s. ' ✓ .e 1:41-€19A47,44 K44.& 4, o(S l ,, a,Ll STATE OF COLORADO a Countyof Boulde „ The foregoing instrument pea at E---79111FF�"'�_YYY t day of November by Robert D. Scholten, Peh en, David G. Dalglish, Karla I. Dalglish, & Robert D. Niemeyer • Witness my hand and official sal. 54.% u O`'9YQ Myammirsi mnapirer VAI/ a005 • 9T •B• 1.' / VIA Dower.ro,nn.w. � • DF C01.. J,,,,,1 /,ll.�w(xJ Ui7- ra,..w lk M' BwgraL9dos aeia orPerm Cs tiretll Gas legal Demipele03a-3190&.!.CRS) No.033,Rea 4.94. QUflCIArM mess Drafted PobW1.r,INl Wan Si..Denver,CO EOM--Dai)Ma-Slate—r0.9a vZ COMMONWEALTH LAND TITLE INSURANCE COMPANY 916 17TH AVENUE LONGMONT, CO 80501 Coldwell Banker Residential Brokerage Re 451 21st Avenue Longmont CO 80501 �� , Attn: Bets Scholten Order No. F930400 June 20, 2001 RE: Scholten, Elizabeth J. Dalglish, /Crutchley, Donald J. & Jeanne M. 5579 Fir Ave. In connection with the above matter, we are enclosing herewith the following: Title Insurance Commitment We are pleased to have the opportunity to be of service. If you have any questions or changes, please contact Commonwealth Land Title Insurance Co. at 772-9164 cc: Coldwell Banker the Preferred Realty Attn: Jim Green Commonwealth Land Title Insurance Co. Donald J. & Jeanne M. Crutchley FirstBank of Longmont Attn: Kerry Schey, Piller, Alspaugh & Wong, P.C. Attn: Phillip Wong • COMMONWEALTH LAND TITLE INSURANCE COMPANY COMMITMENT FOR TITLE INSURANCE SCHEDULE A • Commitment No. : F930400 1 . Effective Date : 'June 12, 2001, at 8 : 00 a.m. 2 . Policy or policies to be issued: Amount Premium A. ALTA Owner' s Policy $ 650, 000 .00 $1, 640 . 00 Proposed Insured: Robert D. Scholten and Elizabeth J. Scholten, as to an" undivided 1/3 interest and David G. Dalglish and Karla I . Dalglish, as to an undivided 1/3 interest and Robert D. Niemeyer, as to an undivided 1/3 interest B. ALTA Loan Policy $ 350, 000 .00 $100 .00 Proposed Insured: FirstBank of Longmont, its successors and/or assigns Tax Info Services $20 .00 Survey $Required Form 100 $30 .00 Form 8 .1 $30 . 00 Form 100 .30 $107 .00 Extended Coverage $35 .00 3 . The estate or interest in the land described or referred to in this commitment and covered herein is fee simple and title thereto at the effective date hereof vested in: Donald J. Crutchley and Jeanne M. Crutchley, in joint tenancy 4 . The land referred to in this commitment is described as follows : (SEE ATTACHED PAGE FOR LEGAL DESCRIPTION) COMMONWEALTH LAANDD TITLE INSURANCE COMPANY By LINDA BURC (/ A horized Signature Issued: June 20, 2001 LB/cjh h COMMONWEALTH LAND TITLE INSURANCE COMPANY Commitment No. : F930400 SCHEDULE A - Continued LEGAL DESCRIPTION Lot B of Recorded Exemption No. 1467-05-1-RE 2196 recorded April 24, 1998 as Reception No. 2608497 being a part of the West 1/2 of the Northeast 1/4 of Section 5, Township 1 North, Range 68 West of the 6th P.M. ,,,Weld County, Colorado. This binder supercedes commitment dated: May 10, 2001 Page 2 • COMMONWEALTH LAND TITLE INSURANCE COMPANY Commitment No. : F930400 SCHEDULE A —Continued REQUIREMENTS The following are the requirements to be complied with prior to the issuance of said policy or policies. Any other instrument recorded subsequent to the date hereof may appear as an exception under Schedule B of the policy to be issued. Unless otherwise noted, all documents must be recorded in the office of the clerk and recorder of the county in which said property is located. NOTE: PURSUANT TO SENATE BILL 91-14 (CRS 10-11-122) THE COMPANY WILL NOT ISSUE ITS POLICY OR POLICIES OF TITLE INSURANCE CONTEMPLATED BY THIS COMMITMENT UNTIL IT HAS BEEN PROVIDED A CERTIFICATE OF TAXES DUB OR OTHER EQUIVALENT DOCUMENTATION FROM THE COUNTY TREASURER OR THE COUNTY TREASURER'S AUTHORIZED AGENT; OR UNTIL THE PROPOSED INSURED HAS NOTIFIED OR INSTRUCTED THE COMPANY IN WRITING TO THE CONTRARY. NOTE: IF THIS TRANSACTION INCLUDES A SALE OF THE PROPERTY AND THE SALES PRICE EXCEEDS $100,000.00, THE SELLER MUST COMPLY WITH THE DISCLOSURE/WITHHOLDING PROVISIONS OF C.R.S. 39-22-604 .5 (NONRESIDENT WITHHOLDING) . NOTE: EFFECTIVE SEPTEMBER 1, 1997, CRS 30-10-406 REQUIRES THAT ALL DOCUMENTS RECEIVED FOR RECORDING OR FILING IN THE CLERK AND RECORDER'S OFFICE SHALL CONTAIN A TOP MARGIN OF AT LEAST ONE INCH AND A LEFT, RIGHT AND BOTTOM MARGIN OF AT LEAST ONE-HALF INCH. THE CLERK AND RECORDER MAY REFUSE TO RECORD OR FILE ANY DOCUMENT THAT DOES NOT CONFORM. A. Warranty deed from Donald J. Crutchley and Jeanne M. Crutchley to Robert D. Scholten and Elizabeth J. Scholten, as to an undivided 1/3 interest and David G. Dalglish and Karla I . Dalglish, as to an undivided 1/3 interest and Robert D. Niemeyer, as to an undivided 1/3 interest . B. Deed of Trust from Robert D. Scholten and Elizabeth J. Scholten, as to an undivided 1/3 interest and David G. Dalglish and Karla I . Dalglish, as to an undivided 1/3 interest and Robert D. Niemeyer, as to an undivided 1/3 interest to the Public Trustee of the County of Weld for the use of FirstBank of Longmont to secure $350, 000 .00 . Page 3 • COMMONWEALTH LAND TITLE INSURANCE COMPANY Commitment No. : 7930400 SCHEDULE A - Continued REQUIREMENTS C. A satisfactory affidavit and agreement (copy attached) indemnifying the Company against unfiled mechanics' and materialmen' s liens, executed by the persons indicated must be furnished to the Company, together with any additional premium required by the filed rates of the Company. Upon receipt of these items, pre-preprinted Item Number 4 will be deleted from the policy(s) when issued. NOTE: If subject property is currently under construction 'or new improvements have been made this commitment is subject to further requirements. • Page 4 . COMMONWEALTH LAND TITLE INSURANCE COMPANY Commitment No. : F930400 SCHEDULE B EXCEPTIONS The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession not shown by the public records . 2 . Easements, or claims of easements, not shown by the public records . 3 . Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records . • 4 . Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records . 5 . Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment . Note: The above exception will not appear on policies where closing and settlement has been performed by the company. 6. a. Taxes due and payable; and any tax, special assessments, charge or lien imposed for water or sewer service, or for any other special taxing district. b. Any and all unredeemed tax sales, if any. Note:Upon receipt of a Certificate of Taxes Due evidencing that there are no existing open tax sales, the above exception 6b will not appear on the policy to be issued hereunder. Notes PURSUANT TO CRS 10-11-122 NOTICE IS HEREBY GIVEN THAT: (A) THE SUBJECT PROPERTY MAY BE LOCATED IN A SPECIAL TAXING DISTRICT; (B) A CERTIFICATE OF TAXES DUE LISTING EACH TAXING JURISDICTION MAY BE OBTAINED FROM THE COUNTY TREASURER OR THE COUNTY TREASURER'S AUTHORIZED AGENT; (C) INFORMATION REGARDING SPECIAL DISTRICTS AND THE BOUNDARIES OF SUCH DISTRICTS MAY BE OBTAINED FROM THE BOARD OF COUNTY COMMISSIONERS, THE COUNTY CLERIC AND RECORDER, OR THE COUNTY ASSESSOR. Page 5 COMMONWEALTH LAND TITLE INSURANCE COMPANY Commitment No. : F930400 SCHEDULE B - Continued EXCEPTIONS 7 . Right of way, whether in fee or easement only, for for pipeline purposes, ,granted to Panhandle Eastern Pipe Line Company by Joe E. Brown by instrument recorded September 1, 1982 in Book 976 as Reception No. 1902514, in which the specific location of the easement is not defined. 8 . Oil and gas lease between Joseph E. Brown and The Vessels Company dated September 16, 1980, recorded October 21, 1980 in Book 917 as Reception No. 1839379, and any interests therein or rights thereunder. 9. Reservation of any and all mineral rights with stipulation in any future mineral leases that no drilling or structures may be located within 500 feet of any existing structures on the subject property, as reserved in instrument recorded March 25, 1992 as Reception No. 2281999 and any interests therein or assignments thereof . 10 . Easements and Notes as shown on Recorded Exemption No. 1467-05-1-RE2196 recorded April 24, 1998 as Reception No. 2608497 . 11. Right of Way for ditch purposes over the Westerly boundary line of subject property, as shown on Recorded Exemption No. 1467-05-1-RE2196 recorded April 24, 1998 as Reception No. 2608497 . 12 . Existing driveway across Lot A to be used as access to new lot, as shown on Recorded Exemption No. 1467-05-1-RE2196 recorded Aril 24, 1998 as Reception No. 2608497, said driveway showing going into subject property. The Owner' s Policy of title insurance committed for in this Commitment, if any, shall contain, in addition to the items set forth in Schedule B, the following items: (1) The Deed of Trust, if any, required under Schedule A. . (2) Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof . (3) Any and all unpaid taxes, assessments and unredeemed tax sales . NOTE: Exceptions 1-4 will not appear in the Loan Policy to be issued hereunder. NOTE: Exceptions 1-5 will not appear in the Owners Policy to be issued hereunder. Page 6 AFFIDAVLT OF INTERESTED LAND OWNERS .+. http://maps.metrick.con/website/wejet...5004,146705402004,146705405005,&Par2=500 AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE Subject Parcel: 146705100020 THE UNDERSIGNED, states that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been modified from the original. The list compiled from the records of the Weld County Assessor was assembled within thirty days of the application's submission date. v 7 L Si attire Date Property Owners Within 500 ft. of Parcel# 146705100020 NAME MAILING ADDRESS PARCEL IDENTIFICATION# 1143 WASHINGTON ST#2 BROTZMAN JAMES E & 146705102003 DENVER,CO 80203 BRUXVOORT RONALD R& 1827 LONGS PEAK ST LORETTA 146705101002 ERIE,CO 80516 1531 BROADWAY CENTURY SUMMIT INC 146705405004 BOULDER,CO 80302 1531 BROADWAY CENTURY SUMMIT INC 146705405006 _ BOULDER,CO 80302 5416 FIR AVE COOK WILLIAM V 146705402004 ERIE,CO 80516 HLO ANDY L &MARY 1867 LONGS PEAK ST ATRICIA 146705101003 ERIE,CO 80516 ARRENKOPF HAROLD V JR 1777 LONGS PEAK ST & DEVEE M 146705101001 ERIE,CO 80516 FIDELAK KAREN E & 1625 PEAK LN JONATHAN J 146705405003 ERIE,CO 80516 5487 ASPEN AVE HANES REESE N 146705402016 ERIE,CO 80516 1 of3 8/23/02 11:05 AM AFFIDAVIT OF INTERESTED LAND OWNERS i., http://maps.merrickcom/website/w*set...5004,146705402004,146705405005,&Par2=500 IHAUN CHESTER C & 5446 FIR AV GARET J ERIE,CO 80516 146705402003 IGHLAND ACQUISITION C/O ROBERT BULTHAUP GROUP LLC 6297 S POTOMAC WAY 146705000030 CENTENNIAL,CO 80111 HIGHLAND ACQUISITION C/O ROBERT BULTHAUP GROUP LLC 6297 S POTOMAC WAY 146705000031 CENTENNIAL,CO 80111 HODD DONALD E &PATRICIA 1758 OLD HWY 52 146705100015 S ERIE,CO 80516 5457 ASPEN AVE JONES KATHRYN AYDT 146705402015 ERIE,CO 80516 ICEAR FLORENCE I& VICTOR 5517 ASPEN AV A (HEIRS OF) ERIE,CO 80516 146705402017 PO BOX 898 KLOEPFER STEVEN & ELLENE 146705100019 ERIE,CO 80516-0898 1598 HWY 52 KLOEPFER STEVEN P 146705100013 ERIE,CO 80516 LEATHERMAN LARRY L & 5616 FIR AVE NORTH JUDY K ERIE,CO 80516 146705102001 MAHONEY MICHAEL J& 5506 FIR AV CAROLYN L 146705402001 ERIE,CO 80516 MOJO FRANCIS A JR&ANNE 1703 PEAK LN 146705405002 Z ERIE,CO 80516 5466 WELD CO RD 3 SCHRINER GENE L 146705000023 ERIE,CO 80516 SEABAUGH JOAN MARIE& 5617 ASPEN AVE DEWEY GENE 146705102004 ERIE,CO 80516 SIMPSON JOHN D&DOREEN 1838 COLD HWY 52 146705100007 L ERIE,CO 80516 589 COUNTY RD 7 SLAVIN ROBERT S & 146705405005 ERIE,CO 80516 5476 FIR AV VAN ZUIDEN BARBARA R& 146705402002 ERIE,CO 80516 2of3 8/23/02 11:05 AM AFFIDAXIT OF INTERESTED LAND OWNERS http://maps.mecrick.com/websitelw set...5004,146705402004,146705405005,&Paz2=500 VAUGHTERS KENNETH R& 5566 FIR AVE VANDA D ERIE,CO 80516 146705102002 YARDLEY DAVID J &NICOLE 1632 BROADWAY & 146705100008 BOULDER,CO 80302 3of3 8/23/02 11.05 AM Y d AFFIDAVIT OF INTEREST OWNERS MINERALS AND/OR SUBSURFACE Property Legal Description: L CT O F g E f l c74 p -/E Z,4=-t 4 SW Property Legal Parcel Number: /116 7©570 co Z a STATE OF COLORADO ) ss. COUNTY OF WELD THE UNDERSIGNED, being first duly sworn, states that to the best of his or her knowledge, the attached list is a true and accurate list of the names and address of all mineral owners and lessees of mineral owners on or under the parcel of land which is the subject of the application as their names appear upon the real property records in the Weld County Clerk and Recorder's Office. By: Ad c. &4/4 Title: pecjecc P/uS� rove Pay PR LLC The foregoing instrument was subscribed and sworn to me this, day of k1C g,k , 2002 . WITNESS my hand and official seal. My Commission Expires:My commission Expires 10/29/2005 1707 N. Main Street Longmont, CO 80501 rn,o.,x� ,N \4 QQG � Nota4 Public 18 k, - ,., f. v nor r.. / PUD CHANGE OF ZONE: NAMES OF MINERAL OWNERS AND LESSEES ON SUBJECT PROPERTY Please print or type ADDRESS, TOWN/CITY, NAME STATE AND ZIP CODE 1C31fl filer- /?€5curce-s 7±, , /XC riro�d��c��y�i�te 20) g�?<errolc2gv 19 aLEFT HAND WATER DISTRICT March 16, 2001 David Dalglish 6025 Fox Hill Drive Longmont, CO 80501 Re: Tap request#2082 Dear David: The Board of the Leif Hand Water District approved a Subdivision Agreement for six single family residential taps for your development. A copy of the Agreement is enclosed. After your review of the Agreement, please make an appointment with my assistant, Kim Lane, to sign the original and pay the required fees as stated in¶6. Please note that payment is required for the taps as outlined in¶6, raw water transfer in ¶7, and also for hydrant funds as outlined in ¶8. Please call if you have any questions. The tap price quoted in the agreement is current today. The fee due will be the current fee at the time of completion of the Agreement. Increases to tap fees may be made at the discretion of the Board, without prior notification. Sincerely, 44,747) G Kathryn A. Pet erson General Manager KAP •:kml G G.1,��"a a 5° / P.O. Box 210 •Niwot CO. 80544•(303) 530-4200 • Fax (303) 530-5252 S a car!in SUBDIVISION/MULTIPLE TAP PURCHASE AGREEMENT (includes Line Participation) I. PARTIES. The parties to this Agreement are the LEFT HAND WATER DISTRICT, a title 32 special district, ("District") and David Dalglish ("Applicant"). 2. RECITALS AND PURPOSE. The Applicant is the owner of certain property to be developed, as described herein. The District is a special district organized under Colorado law and which provides treated water service to its customers for which monthly service charges are made. The Applicant desires to purchase water taps for the development project. The purpose of this Agreement is to set forth the terms and conditions concerning the District's supplying such domestic water service to the proposed project. Accordingly, the parties agree to the following provisions in consideration of the mutual covenants set forth herein. 3. TERM OF AGREEMENT. In the event that the Applicant fails to obtain all applicable and required land use approvals of the Project within 180 days of execution of the Subdivision Agreement, the Agreement shall expire and all obligations herein including, without limitation, the District's commitment to sell such single family equivalencies as indicated in the Agreement shall automatically terminate. 4. LEGAL DESCRIPTION OF PROJECT. For purposes of this Agreement, the term "project" shall mean the property described on Exhibit A which is attached and incorporated herein, and which is known as the cumm i t at Mountain V i Pw Subdivision. The Applicant agrees to furnish a reproducible copy of the preliminary plat to the District and said plat is expressly incorporated in this Agreement. Any change or alteration in the area, size, shape, density, usages, requirements,tap equivalents needed, or timing of development of the subdivision which may affect the number of tap equivalents required for the project or the method or manner of the provision of water to or within the project shall first require the written approval of the District. 5. TAPS NEEDED FOR PROJECT COMPLETION. For purposes of this Agreement,the term "tap" shall mean that size of a connection to one of the District's treated water distribution lines and which is utilized and designed for a single family or its equivalency pursuant to the District's rules and regulations. The total number of single family equivalency("SFE")taps required for the project will be 6 . Of that total number, Applicant hereby requests and agrees to purchase, and District commits to sell to Applicant, 6 SFE taps pursuant to this Agreement,and any additional SFE taps needed for the project, if any, will be subject to further written agreements; provided, however, that nothing in this Agreement shall be construed as an obligation by the District to reserve the remaining balance of the total number of needed taps for the benefit of the Applicant. 6. TAP PURCHASE. Within 10 days of final plat approval,the Applicant will tender to the District a check in the amount of $ 16,224.00 representing pre-payment of 40% of the current plant investment fee component of the total SFE tap fee charged by the District for 6 SFE taps, with a deferral of the other components of the tap fees, including transfer of the raw water units required by this Agreement, until anticipated activation of the tap. In addition, to such pre-payment, Applicant shall pay a line participation fee for each such tap as set forth in paragraph 8 herein. 6.1 Applicant agrees to complete the purchase of the 6 committed taps by payment of the remaining components of the then applicable tap fee, excluding the raw water component, in accordance with the following schedule, provided that any taps purchased in full in any given year in excess of the minimum specified below shall be credited to the following year's minimum: 2 taps in year 1 1 taps in year 2 1 taps in year 3 1 taps in year 4 1 taps in year 5 6.2 In the event that the Applicant fails to complete the purchase of the minimum number of taps in each year specified above, or fails to complete the purchase of all six taps by March 15 , 200 6 the District shall retain the 40% deposit and the raw water shares/units transferred hereunder as liquidated damages and the obligation of the District to provide further taps shall be terminated. The undersigned acknowledges that by extending this Agreement, the District has agreed to commit a definite portion of the total capacity of its system to the Applicant and therefore must look to the Applicant for performance of its obligations to purchase the committed taps in order for the District to meet its financial obligations. 6.3 In the event of an intended increase in the tap fee charges (excluding the raw water component) District agrees to give notice of the proposed increase to the Applicant at least 30 days in advance of the effective date of such increase. 6.4 Upon completion of the improvements, the Applicant shall give District 90 days advance notice of its intention to physically connect the development to the District's lines and facilities to effectuate the raw water transfers. Applicant shall, before any such connection is made,transfer the raw water and pay the balance of any amounts due and owing for such tap fees, including without limitation, the raw water component (if water is not transferred to District) and other components of the tap fee, in accordance with the District's then applicable fee schedule. 7. RAW WATER TRANSFER. 7.1 As a condition of activation of the purchased taps, Applicant shall transfer 1.325 units of Colorado-Big Thompson Project water, administered by the Northern Colorado Water Conservancy District, for each tap purchased. The cash value of any excess units transferred to meet this requirement shall be applied or credited to the balance of the remaining tap fees due and owing. The raw water to be transferred shall consist of 7.95 CBT units as may be adjusted pursuant to District regulations. In the event that raw water is not transferred to the District upon execution of this Agreement, Applicant must obtain said units and effectuate the transfer of the C:IWIND0W9\TEMPISTANDRD FORM(COMBINED SUB 8 TAP)011901.DOC 2 raw water prior to activation of the taps. In the event that Applicant can not obtain the required raw water on the open market, the Applicant may, at the discretion of the District's Board and for good cause shown, make a cash payment in lieu of the transfer of raw water, in such an amount as the District may determine to be necessary to obtain raw water including administrative costs, transfer fees and other related costs, or in accordance with its then existing policies, rules and regulations. 7.2 Applicant shall give District 90 days advance notice of its intention to physically connect such taps to the District's lines and facilities to provide the District with sufficient time to effectuate the raw water transfers, if needed. Applicant shall, before any such connection is made, transfer the raw water and pay the balance of any amounts due and owing for such tap fees, including without limitation, the fee in lieu of raw water component (if water is not transferred to District) and all other components of the tap fee, in accordance with the District's then applicable fee schedule. 7.3 The failure of Applicant to complete the raw water transfer, or to pay the cash amount in lieu thereof as set forth in paragraphs 7.1 and 7.2, or to pay the remaining components of the tap fees for the total number of taps specified in paragraph 5, on or before the fifth anniversary of the initial payment to the District of the plant investment fee component of the tap fee, shall constitute a default. Upon such default any sums paid hereunder by Applicant shall be retained by District as liquidated damages for such default. It is understood and agreed by Applicant that the purpose of this requirement for completion of the purchase of all taps within a five year period is based upon the financial requirements of the District to fund its capital construction needs. The District, by this Agreement, has committed a definite portion of the total capacity of its system to the Applicant and, therefore, must look to the Applicant for performance of its obligations in order that the District may meet its capital construction and operating expenses. If there is a default by Applicant, District may recommit such taps to other applicants without further notice to Applicant. 8. PAYMENT OF LINE PARTICIPATION FEE. Within 10 days of final plat approval,and in conjunction with the pre-payment of the taps, Applicant shall tender to the District a check in the amount of$ 15,000.00 representing 100%of the line participation fee of$2500.00 per tap for the reimbursement to the District and/or third party or parties which paid for the construction costs of the main line(s) extension(s) which will service the project. 9. DESIGN SPECIFICATIONS. It is agreed, as a condition precedent to service, that all water lines and appurtenant facilities required to provide water service within the boundaries of Applicant's project as described on Exhibit A and all necessary transmission lines, connecting lines and appurtenant facilities necessary to connect with the lines of the District as presently engineered and installed, shall be installed at Applicant's sole cost and expense and shall be in accordance with design and specifications as fixed by the District. Applicant agrees that the actual installation and construction shall be subject to the general, as opposed to specific, supervision of, and inspection by,the District and all related costs of the District's engineering study, review, approval and inspection (including the District's cost and expenses of obtaining necessary easements if public rights-of-way are not available or if available, not feasible to utilize) shall be at the cost of Applicant. Fire Hydrants: Applicant agrees to pay a Fire Hydrant Fund C:IWINDOWSITEMPISTANDRD FORM(COMBINED SUB&TAP)011901.DOC 3 Fee, at the current rate of$ 1 ,200.00 per fire hydrant as shown on the approved Plans. A total of hydrants will be installed for a total Fund Fee of$ .214OO ,O4 . Applicant further agrees to give the District, through the District's Engineer, adequate notice, prior to commencement of construction, of the date when such construction shall begin. 10. EASEMENTS. Applicant shall furnish, at Applicant's expense, all easements,rights-of-way, and consents both within the project ( if public utility easements are not dedicated by the plat) and without the project, if required. Such easements, rights-of-way and consents shall be provided prior to commencement of construction. Those easements lying outside of the project and which may be required for the construction of any portion of the water lines and appurtenant facilities which may be needed to service the project (excluding public rights of way), and as determined by the District in its sole discretion, shall be obtained by District but at Applicant's expense. All such costs and expenses of easement acquisition shall be paid by Applicant to District as a condition precedent to service to the project. 11. WATER SERVICE. 11.1 The Applicant acknowledges that District is responsible only for making domestic water available to the project's individual taps at such pressure as may be available at the point of delivery as a result of the District's normal operation of its water system. The District may temporarily disconnect the flow of water in the main or at the individual points of delivery in order to repair, maintain, test, improve, or replace the main or other portions of the District's water distribution, storage and or supply system. 11.2 Applicant covenants and agrees that it will not make any warranties or representations to any home builder, contractor, developer, landscaping contractor,home owner, lessee, tenant, property owner, or any other person or entity, regarding the District's water system's capabilities, pressure, or flows. 11.3 Sale of Lines. Upon completion, approval and acceptance of the work by the District through the issuance of the District's certificate of acceptance, this Agreement shall operate as a sale, conveyance, transfer and assignment by the Applicant of all Applicant's interest and ownership in said lines to the District, free and clear of all liens and encumbrances, and shall warrant that the work has been done in accordance with the laws of the State of Colorado, and all other governmental subdivisions, agencies and units and in accordance with the design standards and requirements of the District. Applicant shall guarantee the lines as installed against faulty workmanship and materials to the District for a period of two years from conveyance and shall, during said period, pay all cost and expense of repair or replacement of said lines and, at the request of the District, furnish a bond guaranteeing said repair and replacement. Upon completion, approval, acceptance, conveyance and transfer of lines and facilities to the District, the District shall assume all responsibility thereafter, and all cost and expense for operation and maintenance except as to the above two-year guarantee. Completion of construction, inspection, approval and acceptance by the District, transfer of lines and facilities to the District, payment of all construction costs and expenses required to be done and paid by the Applicant are conditions precedent to the obligation of the District to furnish and provide water service to the project. C:MINDOWSITEMPISTANDRD FORM(COMBINED SUS&TAP)011901.DOC 4 12. OVERSIZE LINES. In the event Applicant shall be required to pay for installation of transmission and connecting lines outside the boundaries of Applicant's subdivision, and District requires that such lines and facilities be oversized to permit the use of those lines by the District to serve additional lands and property in addition to the property of the Applicant, District agrees to establish the cost of such over sizing and to reduce this cost to a "cost per tap" based upon the engineered capacity of the lines and the system which such over sizing can serve. District and Applicant shall enter into a Line Reimbursement Agreement which shall provide, as a minimum, that the District will impose a surcharge upon future users of the oversized line, said surcharge to be calculated on a per tap basis utilizing District's engineering estimate as to the line's total capacity. During a period of seven years from and after the date of the Line Participation Agreement, but not thereafter, the District will collect and pay to Applicant the collected line surcharges to reimburse Applicant for its additional costs in paying for the over sizing of the line. 13. DISTRICT REGULATIONS. All service provided under this Agreement shall be subject to the monthly service charges and all bylaws, rules and regulations of the District which may be in force from time to time. 14. GOVERNMENTAL REGULATIONS. All provisions of this Agreement to the contrary notwithstanding, the obligation of the District to furnish water service under this Agreement, is limited by, and subject to all orders,requirements and limitations which may be imposed by federal, state, county or any governmental or regulatory body or agency having jurisdiction and control over the District and/or the operation of its domestic water system and treatment facilities. 15. DOCUMENTS TO BE FURNISHED. Upon execution of this Agreement, or at such time or times as may be requested by District, Applicant agrees to furnish District the following: 15.1 A topographical survey of the property described in this Agreement; and 15.2 Final Subdivision plat approved by appropriate regulatory boards, commissions, or agencies, together with requirements and conditions fixed by such entities for development and evidence of the Applicant's compliance or plan for compliance; and 15.3 In the event the initial area to be served under this Agreement is not the entire project to be developed by Applicant and the remainder is being planned as a phased development, Applicant shall furnish sketch plans, preliminary plats and/or plans as developed by the Applicant with reference to the future total development of the entire property. It is understood and agreed that a request for information as to future plans and developments of the Applicant (and the consideration of such plans by the District in connection with its obligation to service Applicant's above-described land under this Agreement) shall in not be construed as an agreement or obligation of District to serve such other lands, additional lands, or areas proposed by the Applicant for such future development beyond that provided in existing written commitments. All information required to be furnished to District by Applicant shall be provided at Applicant's expense. C:IWINDOWS\TEMPISTANORD FORM(COMBINED SUB&TAP)011901 Doc 5 15.4 Recorded plats and drawings of the development, including a mylar map and AutoCAD diskette files certified by Applicant's engineer depicting all lines, valves, fittings and appurtenances as constructed, installed, and transferred pursuant to Paragraph 8 above. 16. DELAYS. Any delays in, or failure of, performance by any party of his or its obligations under this Agreement shall be excused if such delays or failure are a result of acts of God and nature, fires, floods, strikes, labor disputes, accidents, regulations or orders of civil or military authorities, restrictions or limitations contained in any initiative approved by the voters, shortages of labor materials, or other causes, similar or dissimilar, which are beyond the control of such party, including any governmental orders, directives, requirements or limitations described above. 17. PARAGRAPH CAPTIONS. The captions of the paragraphs are set forth only for convenience and reference, and are not intended in any way to define, limit, or describe the scope or intent of the Agreement. 18. ADDITIONAL DOCUMENTS OR ACTION. The parties agree to execute any additional documents and to take any additional action necessary to carry out this Agreement. 19. INTEGRATION AND AMENDMENT; PRIOR AGREEMENTS. This Agreement represents the entire agreement between the parties and there are no oral or collateral agreements or understandings. This Agreement may be amended only by an instrument in writing signed by the parties. The Applicant shall reimburse the District for any expenses incurred by the District in connection with any amendment of this Agreement requested by the Applicant. If any provision of this Agreement is held invalid or unenforceable, no other provision shall be affected by such holding, and all of the remaining provisions of this Agreement shall continue in full force and effect. 20. ALTERNATIVE DISPUTE RESOLUTION. In the event of any dispute or claim arising under or related to this Agreement, the parties shall use their best efforts to settle such dispute or claim through good faith negotiations with each other. If such dispute or claim is not settled through negotiations within 30 days after the earliest date on which one party notifies the other party in writing of its desire to attempt to resolve such dispute or claim through negotiations, then the parties agree to attempt in good faith to settle such dispute or claim by mediation conducted under the auspices of the Judicial Arbiter Group (JAG) of Denver, Colorado or, if JAG is no longer in existence, or if the parties agree otherwise, then under the auspices of a recognized established mediation service within the State of Colorado. Such mediation shall be conducted within 60 days following either party's written request therefor. If such dispute or claim is not settled through mediation, then either party may initiate a civil action in the District Court for Boulder County. 21. ASSIGNMENT. If Applicant is not in default hereunder, Applicant may assign this Agreement without the prior consent of the District, provided said assignment is in writing and further provided that the assignment is made in conjunction with a transfer of all or substantially all of the property described herein. No assignment shall, however, be effective upon the District unless and until the District receives written notice or copy of the assignment. 22. BINDING EFFECT. This Agreement shall inure to the benefit of, and be binding upon, the parties, and their respective legal representative, successors, and assigns;provided, however, that nothing C:WlNOOWSITEMPWTANORD FORM(COMBINED SUB d TAP)011901.DOC 6 in this paragraph shall be construed to permit the assignment of the Agreement except as otherwise specifically authorized herein. DATED: March 15. 2Q01 LEFT WAT RICT By: resident Box 210 Niwot, Colorado 80544 ATTF,�T'Lc" p .„-iy Secretary�� STATE OF COLORADO ) ) ss COUNTY OF BOULDER) The foregoing instrument was acknowledged before me this )--Schil. day of / ,20 01, ?S� by t � n �z [�- as President and 4-d_ ,LAC as Secretary of the Left Hand Water District. Witness my hand and official seal. My Commission Expires 4-20-2002 My commission expires: ev2 eniu „ Waits. �, Notary Public 7....../eO TA ;J NA is r, OF Co4G C]WINOOWSITEMPI$TANORO FORM(COMBINED SUB G.TAP)011901.000 7 Applicant By: STATE OF COLORADO ) ) ss COUNTY OF BOULDER) The f regoin 'nsstttrun}ent a ac owledged before me this 1'J `�lday of , 2001, by Witness my hand and official seal. My Commission Expires 4-20-2002 My commission expires: 4,f fl4tc 9 i Notary Public • r� r°° ;Y� C:IWINOOWSITEMPISTANDRO FORM(COMBINED SUB&TAP)011901.000 S INIT. D UNITED POWER, INC. p0 x.: 0 Box 929 Brighton, CO 80601 • Telephone:303-659-0551 • 1-800-468-8809 Fax:303659-212 • http//www. nitdowercom l < '1 v C 2 April 3, 200)- 53 J 1 / �i� r'.' / / , c f ,,7i i Rio^✓l !_ _;/_-7,I Tic/ t h �i G mo Mr. Dave Dalglish t ' � � , . Y>� P TekNotions eit - PO Box 2141 Longmont, CO 80501 Dear Mr. Dalglish: SUBJECT: Proposed Seven Lot Subdivision I have reviewed your letter of request for information concerning electric service to a proposed subdivision at 5579 Fir Avenue. Electric service is available in the area. A line extension would be required to serve the seven(7) lot site. The cost of the line extension would include an impact fee for the existing facilities plus the labor, materials, and overhead to install-the-new line extension./ I would anticipate a total cost of $40,000 - $45,000 r electric service. When we have final plans,we will work up an_estimated-cost._ In regard to the size of service (measured in amps), our experience is that building code requires greater than 200 amps on the 3,000 - 5,000 square foot houses. This is not a problem. However, it does preclude use of a front-lot-line meter pedestal such as was used at the Peaks at Mountain View. The larger houses typically required 300 - 400 amp services with a meter on the home. I believe that this information will answer your questions. If you have any other, please give me a call. i 1 Sincerely /6_,1L , ( t � r � I UNITED POWER,INC. 44 �� • /�� i____ �� S J , U ,..c,6 Bill Meier I-25 District Representative BM:vm A Touchstone Energry z Partner yctic 1 �^ RUG:20.2002 2:35PM UtUTED POWER EXT REP NO.044 P.2/4 • • INITu D UNITED POWER,INC. POWERP.O.Box 929,Brighton,CO 80801 • Tslepnanc 303.859.0551 • 1.800.488.8809 Fax:303.869-2172 • httpil A" r1.itedpawar.cam REQUIRED FOR SUBDIVISION ELECTRIC SYSTEM DESIGN Subdivision Final Plat—Aft sheets: paper copy and Auto-Cad file of overall layout • Subdivision construction plans—complete set Construction plans for off-site road Improvements requiring overhead lines to be relocated or converted to underground Preliminary Master Plan of entire subdivision development 'Subdivision Street Light Layout—Approved by appropriate government agency Exterior/Collector street lighting: fixture typeisize pole type/size Interior street lighting: fixture type/size pole type/size Preferred electric distribution alignment: Front lot line�-Rear lot line_ • Electric service locations for subdivision entrance sign, common area irrigation, etc. Community well: Motor size_ Phase 43 Voltage J v Residence square footage range 1/300 to SOOD sq. ft. Elect Panel_amp _ Residence heating type _ Air cond unit size-range - ton mn Electric meter location: location on residence_ front lot line meter pedestal Conduit road crossings to be installed by: Developer_ United Power Third party facilities within subdivision that require rerouting of electric service Other special electrical requirements • AUTO-CAD FILE REQUIREMENTS FOR ELECTRIC SERVICE SUBDIVISIONS AND PUD DEVELOPMENTS rein gdgtons cupou* CAD, viler.ce ill vlGk ®Clntkod ' ,r tc 303- With a letter of application for service to a subdivision or PUD develo meat,United Power ��_ 12/�2 currently requires that the developer provide a copy of the subdivision plat,complete construction plans for on site and offsite improvements and a complete set of landscape plans Effective immediately please fly to these requirements and an Auto-Cad file of the overall layout of the complete subdivision plat with a list of the layers that contain the following information and only those layers turned on. United Power prefers that the below features are placed on layers as designated below: 1. Street right-of-way Ca tern"' > L c7 2. Property and tract boundary lines Sou H//h, Go f/, • 3. Utility and drainage easements e s o,^ h c_ 4. Section corners and other primary survey ties 5 Ge-12o h 5 Section lines 5 Gvh v-h 6. Subdivision perimeter boundaries 5&'u n it :k1 Street names /1iofcs 8. Lot and block numbers llln tGs 9. Outlot and Tact annotation k For PUD developments,the layer containing the individual dwelling units must also be listed and left turned on. If you have any questions,please contact your United Power District Representative at telephone (303) 659-0551. Hello