HomeMy WebLinkAbout20040669.tiff DEPARTMENT OF PLANNING SERVICES
1555 N. 17th Avenue, Greeley, CO 80631
Phone (970) 353-6100, Ext. 3540, Fax# (970) 304-6498
MINOR SUBDIVISION FINAL PLAT APPLICATION
SITE SPECIFIC DEVELOPMENT PLAN
App. Ch'd By: Case Number:
App. Fee: Receipt Number:
Record. Fee: Receipt Number:
Planner Assigned to Case:
TO BE COMPLETED BY APPLICANT. Please print or type, except for necessary signature.
I (we), the undersigned, hereby request hearings before the Weld County Planning Commission and the
Weld County Board of County Commissioners concerning the proposed Change
of Zone for the foil wing described unincorporated area of Weld County,Colorado:
LEGAL DESCRIPTION: _ (_
f itional space is required, attach a iti �h� P n // Z S T 7�
NAME OF PROPOSED MINOR SUBDIVISION: w PA-5/n
C? TOTAL AR A(ACRES)
NUMBER OF PROPOSED' L TS 166 LOT SIZE: AVERAGE,).. SAMINIMUM
OVERLAY DISTRICTS 1`\
UTILITIES: Water: Name: Q0,12. c—/�tfVV� U kl - STk[ST
Sewer: Name: �_, / t�
Gas: Name: (��a/
Electric: Name: v JC
Phone: Name: l jT
—
DISTRICTS: School Name:
Fire: Name: 0 = )-FYL_c_FL 12g Z . A
PROPERTY OWNERS OF MINOR SUBDIVISION FINAL PLAT AREA:
Name: �('�l _ -f-r-1 t ,l Phone:
Address: Phone:
Name:
Address:
APPLICANT OR AUTHORIZED AGENT (if different than above).
Phone:
Name: _ /E t'S £utTF �S
Address: 1Z ZC ley
I hereby depose and state under the penalties of perjury that all state
are e true and ts, proposals,
correct ails, and/or
plans
to best
submitted with or contained withi this application
of my knowledge.
u . r or Au onzed Agent
EXHIBIT
Revised: 5/21/01
28
2004-0669
Weld Cc , Ociar4n1t7q(
"'E
')003
a :.c :iv D
October 30, 2003
Monica Daniels-Mika
Weld County
Department of Planning Services
1555 North 17th Avenue
Greeley, Colorado 80631
Re: Proposed W.B.Farm Estates Subdivision
Weld County, Colorado
Monica:
This letter shall serve as authorization for Snowdance Group, LLC, d/b/a
Snowdance Development Company to act on behalf of and as agent in all matters
pertaining to the minor subdivision approval of the above captioned property.
James C. Rawson is the owner of Snowdance and therefore, has authorization to
proceed with these matters with Weld County.
Sincerely,h1/14Wesley . and Julie A. Hill
•
) 0 1
LEGAL DESCRIPTION
LOT B OF RECORDED EXEMPTION NO. 0707-20-2-RE1563, RECORDED ON JUNE 26, 2003. RECEPTION
NUMBER 3077752
SURVEYOR'S CERTIFICATE
L JASPER FREESE. A REGISTERED PROFESSIONAL LAND SURVEYOR IN THE STATE OF COLORADO DO HEREBY CERTIFY
THAT THIS .' +i+++itMPTION PLOT WAS PREPARED UNDER MY PERSONAL SUPERVISION AND THAT THIS PLOT IS AN
ACCURA, q'EP"ESE. p). ``,',EREOF. I FURTHER CERTIFY THAT THE SURVEY AND THIS PLAT COMPLIES WITH ALL
APPL "tc'• !'+' S, t J ' . AND LAWS OF THE STATE OF COLORADO, STATE BOARD OF REGISTRATION FOR
PRA,/:�: r"c ;- �' ""'FESSIONAL LAND SURVEYORS.
! ` `
OR,S �'. -O REG, NO. 4392
PROPER 7n, TIFICATE
I, EARL V. HILL"-BEI_ -,. SOLE OWNER IN FEE OF THE ABOVE DESCRIBED PROPERTY DO HEREBY SUBDIVIDE THE SAI
AS SHOWN OF THE ATTACHED MAP. WE UNDERSTAND THIS PROPERTY IS LOCATED IN THE A-AGRICULTURE ZONE DISTR
AND IS ALSO INTENDED TO PROVIDE AREAS FOR THE CONDUCT OF OTHER USES BY RIGHT, ACCESSORY USES, AND USE:
BY SPECIAL REVIEWS. WE DO HEREBY DEDICATE, FOR THE BENEFIT OF THE PROPERTY SHOWN OR DESCRIBED HEREON
EASEMENTS FOR THE PURPOSES SHOWN OR DESCRIBED HEREON.
VTS �/� C /LL!
.S. CARL V.
HILL G/,
7r:••• CERTIFICATION WAS ACKNOWLEDGED BEFORE ME THIS ]sa_`BAY OF �„L._tr___ 2003 BY CARL V.
WELD
i :f S• • AND SEAL.
F THE l Z:}•SY 9kryillSIONX ES.
! OFi AAYaIf�tK
4TED. �� '. ''.R C •vs
GI CO
MORE ACCEPTANCE
.E
THIS PLAT IS APPROVED BY THE WELD COUNTY PLANNING COMMISSION, STATE OF COLORADO. APPROVAL OF THIS PLA1
iE DOES NOT CONSTITUTE ACCEPTANCE OF THE ROADS AND RIGHTS-OF WAY FOR MAINTENANCE BY WELD COUNTY. THE
R A CONSTRUCTION, MAINTENANCE, SNOW REMOVAL AND ALL ()THE MATTERS PERTAINING TO OR AFFECTING THE ROADS AND
RIGHTS-OF-WAY ARE THE SOLE RESPONSIBILITY OF THE LAND OWNERS WITHIN THE MINOR SUBDIVISION.
WITNESS MY HAND THIS _1 "DAY OF 'MAY , A.D., 2003.
1VELY ClitiezaCk22
CHAIR, WELD COUNTY PLANNING COMMISSION
IOSE
For Agency Use Only
GENERAL PERMIT APPLICATION .^.
COR - 03
STORMWATER DISCHARGES Date Received
ASSOCIATED WITH Year Month Day
CONSTRUCTION ACTIVITY
UPanui No COR-030000)
Please print or type. All items must be completed accurately and in their entirety or the application will be deemed incomplete and
processing of the permit will not begin until all information is received. Please refer to the instructions for information about the
required items. An original signature of the applicant is required.
Name and address of the permit applicant:
Company Name — / �i (
Mailing Address <SO t ( ape
City, State and Zip Code
1
Phone Number a1O)? p•g7g I Who is app ying? Owneft Devel'r • Contractor • Federal
Taxpayer (or Employer) ID/l: L Z La..
Entity Type: Private •/ Federal • State • C.t1 ry • City • Other:
Local Contact (familiar with facility)
Diane Houghtal.inw
Title Civil Engineer Phone Number
Location of the construction site:
Street Address e
City, State and Zip Code
County Weld Name of plan or development Ii e FAr„1 E64 QS
Legal Location (Township, Range, section, 1/4 section): N 74 Sec ec 'T 7N R L4 E
Latitude and Longitude 4b° 3 A. OOrr N 104° 40 Zen
Briefly describe the nature of the construction activity.
Cons+r 33pot ceei- ,. Circeoe1 roAet to escc,PSS --
F> npt.a rn.deA -uAt Ioi-s
,>; consi
4. Anticipated construction schedtt
Commencement date: J w,.e. to 3 Completion date- :va0-.4.0 r '0 3
5 Area of the construction site: Total area (acres) ZS A 4:e.
Area to undergo disturbance (acres) G.C as_
6 The name of the receiving stream(s). (If discharge is to a ditch or storm sewer, also include the name of the
ultimate receiving water):
teal Creek
7 Other environmental permits held for this construction activity (include permit number):
8. Stormwater Management Plan Certification:
"I certify under penalty of law that a complete Stormwater Management Plan,as described in Appendix A of this application
has been prepared for my facility. Based on my inquiry of the person or persons who manage the system,or those persons
directly responsible for gathering the information, the Stormwater Management Plan is, to the best of my knowledge and
belief, true, accurate, and co lete. I am aware that there are significant penalties for falsely certifying the completion of
said , including sibility of lute-lad imprisonment for knowing violations."
Si o�ADp►:c t Date Signed
Name(printed) Tide
9. Signature of Applicant (legally responsible person)
"I certify under penalty of law that I have personally examined and am familiar with the information submitted in this
application and all attachments and that,based on my inquiry of those individuals immediately responsible for obtaining the
information, I believe th, . . formation is true, accurate and complete. I am aware•that there are significant penalties for
submin info anon eluding the possib(Tity of fine or imprisonment."
Sign.• !� of pplicant — D Signeed•
Name (printed) Tide
•
5/95/conat -2-
W.B. Farms Estates Minor
Subdivision Plat Application Continued
Application Comment
Requirement
1 Completed application is included in each Packet.
2 A copy of the current title commitment is included in each
Packet.
3 The types of uses for the subdivision shall be limited to single
family residential dwellings and other approved structures.
4 There are no outstanding concerns to be addressed and resolved.
5 We are proposing eight lots and one recorded exemption.
6 The circulation system of the subdivision consists of a single
entrance from WCR 80 that branches into two (2) cul de sacs to
access the eight lots and an access roadway along the west
property line to access the recorded exemption. A school bus
turn around/stop and mailbox shelter is located at the north end
of the subdivision approximately 350 feet south of WCR 80.
There will be no sidewalk, curb nor gutter along the 60 foot Right
of Ways including 26 foot gravel or recycled asphalt roadway
surface that is 4 inches thick. The borrow ditches are
approximately 20 feet wide with 4:1 maximum slopes resulting in
a maximum depth of 5 feet. Parking for all residences will be
provided within the individual lots, no on-street parking will be
allowed.
7 The ownership, operation and maintenance of all common areas
within the subdivision will be accomplished through the
homeowners association.
8 N/A
9 A copy of a commitment letter from North Weld County Water
District dated October 23, 2002 is included in each Packet.
10 Please refer to Page 5 of the Geotechnical Engineering Report
dated March 19, 2002 that is included in each Packet.
11 We do not have letters from Qwest or US Cable although they
have indicated that they will serve the property and are
submitting plans for their improvements. Poudre Valley REA
have provided us with a contract which is under review at the
present time.
12 The covenants and restrictions are currently in their final draft
r
form for review and submittal, all easements are indicated upon
the final plat.
13 N/A
14 N/A
15 All easements are indicated upon the final plat.
16 We have not been provided with a Subdivision Improvements
Agreement, however,we are prepared to review, and if
acceptable, execute such an agreement.
17 We have not been provided with an Off-Site Road Improvements
Agreement, however are prepared to review, and if acceptable,
execute such an agreement.
18 Two copies of the Final Drainage Report is included in this
submittal.
19 Three copies of a list of owners of property within 500 feet of the
proposed subdivision provided by First American Heritage Title
are included in this submittal.
20 Carl Hill is the owner of all minerals, there are no leasehold
interests.
21 An Affidavit of Minerals Owners and Mineral Lessees is included
in each Packet.
22 We have successfully rezoned the property to Estate Zoning
specifically to accommodate this subdivision.
23 This statement(s) is found upon the Final Plat.
24 See #9 above.
25 See #10 above.
26 Any areas of the subdivision that potentially involve soil or
topographical conditions requiring special precautions or
hazards have been identified and it has been determined that the
proposed use is compatible with existing conditions.
27 The streets within the subdivision are adequate to meet the traffic
requirements of the subdivision and are a minimum of 26 feet
wide and shall have a minimum depth of 4 inches of gravel.
28 All off-site road facilities are adequate to meet the traffic
requirements of the subdivision.
29 The homeowner's association is responsible for repair,
maintenance, snow removal and other matters pertaining to the
Rights-of Way within the subdivision.
30 W.B. Farms Estates is not contiguous to a previously recorded
subdivision or unincorporated townsite.
31 See #6 above.
32 No additional access to county, state or federal highways will be
created.
--,
33 Access to all lots within the subdivision will be to an internal
road circulation system.
34 All drainage and storm water facilities are adequate.
35 The maximum number of lots within the subdivision shall not
exceed 9.
36 This subdivision will not cause an unreasonable burden on the
ability of local governments or districts to provide fire and police
protection or other services.
Colorado Department of Public health and Environment Page 2 of 3
Air Pollution Control Division
- LAND DEvELopMENT-
FUGITIVE DUST CONTROL PLAN FOR LAND DEVELOPMENT
(This must be submitted with the Air Pollutant Emission Notieem6Applicatioo for Emission Permit)
Regulation No. I requires that a fugitive dust control plan be submitted by applicants whose source/activity results in fugitive
dust emissions. The control plan must enable the source to minimize emissions of fugitive dust to a level that is technologically
feasible and economically reasonable. If the control plan is not adequate in minimizing emissions a revised control plan may be
required. The control plan(if acceptable to the Division)will be used for enforcement purposes on the sources.
Please check the dust control measures which you propose for your activity. The Division will enforce the control measures
checked. Use separate sheets if more space is needed. Also note items with an asterisk(•). This indicates those measures which
will probably be required.
t Control of Unpaved Roada on Site
• Watering
O Frequent(Watering Frequency of 2 or More Times Per Day)
$ As Needed,
O Application of Chemical Stabilizer
Vehicle Speed Control
Speeds limited to 3O mph maximum. Speed limit signs must be posted.
(Generally 30 mph is maximum approvable speed on site.)
18 Gravelling
II Control of Disturbed Surface Areas on Site
• Watering
❑ Frequent(Watering Frequency of 2 or More Times Per Day)
As Needed
❑ Application of Chemical Stabilizer
li! Vehicle Speed Control
Speeds Limited To 3 MPH Maximum. Speed Limit Signs Must Be Posted.
1+3t Revegetation Revegetation Must Occur Within One Year Of Soil Disturbance
1� Seeding with mulch
❑ Seeding without mulch
❑ Furrows at right angle to prevailing wind
Depth of furrows Inches(must be greater than 6")
W Compaction Of Disturbed Soil On A Daily Basis To Within 90%Of Maximum Compaction
(As determined by a Proctor Test).
❑ Foundation areas only;or
It All disturbed soil.
tal Wind Breaks
Type: S, 1- ce rice a (Example:Snow Fence,Silt Fence,etc.)
❑ Synthetic Or Natural Cover For Steep Slopes.
Type: (Netting,Mulching,etc.)
Revised July 2001 httn:t/www.ccivhe.state.co usiavistatron2rv.as2
Colorado Department of Public nealth and Environment Page 1 of 3
Air Pollution Control Division
- LAND DEvaonsustr-
Air Pollutant Emission Notice(APEN)-and-Application for Construction Permit
❑ New Facility 0 Transfer of Ownership * 0 Change in Production 0 No Change(APEN Update Only)
*Note: If you are transferring the ownership of a permit,you must also submit an Administrative Amendment
form and Transfer of Emission Pennit Agreement form.
Permit Number MRS Number
Company Name:
Billing Address: Zip Code:
Person to Contact: -0 I k Phone Number. 170-3 78-7a'2o
pe bk H�c. �nr
Email Address: I.icrL P at-44ns*• d Fan Number: q7�a-37B-7t2a
Please provide description of the activity: (Also,please provide a site map)
or,s4r� t1_ 330O42 S1- oC- ggrcw t. roast. 40
Se rue. rest aeni,a.t la#'el
Project Name&Location: J Q r n1 es-Vales
County: l,3r id Section: an Township: 7 st Range: 4(a
Total area of land in project: es .4 Acres
Date earthmoving will- Commence: ,t.nt 1O3 Stop:
Total area subject to earthmoving: (' Z Acres
Total disturbed area at any one time: (. 2 Acres
Area to be paved(roads,parking lots): _D Acres
Date paving will be completed: _
Estimated time to complete entire project(includes buildings) 3-5 y ear$
Brief description of how the project development will occur:
i2oo.dr.oa.y oaf 11 be. b,urlI. Iewr. La-‘s r..)elI
he.. &rata homes. t:onslr cieA o_s rnc.rkm4-
? s
•
Revised July 2001
Colorado Department of Public,.math and Environment
ent
Air Pollution Control Division
- LAND DEVELOPMENT-
IQ Prevention Of Mud And Dirt Carried Out Onto Paved Surfaces.
12. Acicntion
14 Gravel Entry Ways
❑ Washing Vehicle Wheels
❑ Other
O Cleanup of Paved Areas Frequency: Times Pa Day
❑ Street Sweeper
O Hose With Water
O Other:
Additional Sources of Emissions
List any other sources of emissions or control methods
Signs a le (not a vendor or consultant) D
'C C'\
Name ease ' t) Title
Check the appropriate box If you want
O Copy of the Preliminary Analysis conducted by the Division
O To review a draft of the permit prior to issuance
(Checking any of these boxes may result in an increased fee and/or processing time)
Send this form along with$119.96 to: Colorado Department of Public Health and Environment
Telephone:(303)692-3150 Mr Pollution Control Divides
APCDSS-B1
4300 Cherry Creek Drive South
Denver,CO 80246-1530
Smillingatulawinsamtun
(303)692-3148
andatilliOttlallbMktOng
(303)692-2135
Revised July 2001 hno://�cdphestate.co�cdphestate.co.us/ap/stationary.asp
( CN C,\:i\,>
August 29, 2003
Mr. Robert Huggins
Postmaster
United States Postal Service
125 2nd Street
Eaton,Colorado 80615
Re: WB Farms Estates
Mr. Huggins:
We are currently submitting our final plat and plans for WB Farms Estates
Subdivision, which is located west of Ault, Colorado, to the Weld County
Planning Department for approval. Weld County has requested that we obtain
your approval of the project addressing for each of the lots within the
subdivision. Therefore, I have enclosed a reduced copy of the Final Plat for WB
Farms Estates together with a Preliminary Addressing list that has been
furnished by Weld County. Please review the documents and advise of any and
all comments you may have at your earliest opportunity. Thank you for your
cooperation regarding this matter.
S. y,
. aws n
Snowdance Development Company
1750 251° Avenue, Suite 305 Greeley, Colorado 80634-4946
Business 970356.9787 Fax 970.353.3348
WB FARM ESTATES Developer: Carl Hill
Case #MZ-1011 (CHANGE OF ZONE FROM A TO E)
PT NW4 20-7-66 (Lot B RE-1563)
ZONED ESTATE
IS NOT IN FLOOD PLAIN (0475D)
IS NOT IN RIF AREA
NORTH WELD COUNTY WATER DISTRICT
INDIVIDUAL SEPTIC SYSTEMS
XCEL HOMELIGHT
9 LOTS
MAXIMUM BUILDING HEIGHT = 40'
PRELIMINARY ADDRESSING (NO INTERIOR ROAD NAME DOCUMENTED)
Lot 1 13388 CR 80 (existing dwelling)
Lot 2 13380
Lot 3 13382
Lot4 13370
Lot 5 13366
Lot 6 13372
Lot 7 13378
Lot 8 13386
Lot 9 13374
OUTLOT 13390
11/12/02
Lin Dodge, Building Technician
970-353-6100 x3574
AGREEMENT FOR IMPROVEMENTS FOR WCR 80
ROAD STABILIZATION for Dust Control
THIS AGREEMENT is made and entered into this _ day of , in the year
2003, by and between W.B. Farms Estates, LLC, developer of W.B. Farms Estates
, hereinafter referred to as "Developer", with an address of 2815 83rd Avenue, Greeley, Colorado
80634, Weld County Colorado, and the County of Weld, State of Colorado, by and through the
Board of County Commissioners of Weld County, Colorado, hereinafter referred to as "County,"
with offices located at 915 10th Street, Greeley, Colorado 80631.
WITNESSETH:
WHEREAS, the Developer has obtained approval for a Subdivision Final Plat for eight
(8) lots for W.B. Farms Estates, hereinafter referred to as the"Development," and
WHEREAS, WCR 80 from WCR 27 to WCR 29, hereinafter referred to as 'the Road",
will need ROAD STABILIZATION for dust control, in part, due to the increased traffic generated by
the Development, a distance of approximately one- mile, and
WHEREAS, WCR 80 abuts a portion of W.B. Farms Estates
, eight (8) of the lots will need WCR 80 for access to the Development, and
WHEREAS, W.B. Farms Estates, requires 3,960-feet of WCR 80 and will constitute 25
percent of the participation for the Road, and
WHEREAS, the proportional costs of STABILIZATION for the Road attributable to the
traffic generated by the lots in the Development using the Road, is estimated to be $1,812.50
per lot.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, the parties hereto agree as follow:
1. TERM
A. The term of this Agreement shall be from the date first written above to
the completion of STABILIZING the Road and final accounting by County
and payment of all land development charges by the Developer for the
eight (8) lots accessing the Road, or five years if WRC 80 is not
STABILIZED.
2. OBLIGATIONS OF THE COUNTY
A. Weld County shall STABILIZE the road, within five years of the date first
written above, the Road at a current estimated cost of $58.000. The
stabilization improvements are anticipated to be for two 13-foot travel
lanes designed in accordance with generally accepted engineering
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10/16/2003 1012 AM
practices but the actual design shall be at the discretion of Weld County.
B. Design, construction, and maintenance of this portion of Road shall be the
responsibility by the County.
C. County or Developer must STABILIZE the roads within five years of the
date first written above or forfeit all rights to land development charges,
which are the obligation of the Developer whether already in escrow or
remaining to be paid.
D. Weld County shall perform a final accounting once STABILIZATION is
complete and may collect from the escrow account (or from the developer
if the amount in the escrow is insufficient to satisfy developers obligation)
up to 25 percent of the total cost of STABILIZING WCR 80. If additional
traffic is generated prior to STABILIZING WCR 80, such that the
percentage of traffic generated by the development is less than 25 percent,
the County shall adjust the percentage charged to the developer
proportionately. Any amount which must be collected from the developer,
which is not paid within 45 days of final accounting, shall assessed
interest in the amount of 8 percent per annum.
3. OBLIGATION OF THE DEVELOPER
A. Developer agrees to pay the amount of $1,812.50 per each lot accessing
the Road. The actual amount shall be determined in accordance with
paragraph 2.D.
B. The Developer agrees to escrow monies as follows at the sale of the first
lot $1,812.50, at the sale of the second lot $1,812.50, at the sale of the
third lot $1,812.50, at the sale of the fourth lot $1,812.50, at the sale of the
fifth lot, $1,812.50, at the sale of the sixth lot $1,812.50, at the sale of the
seventh lot $1,812.50, at the sale of the eighth lot $1,812.50. The escrow
account shall be set up according to paragraph 4 herein.
C. The Developer shall not be released from this obligation unless County
does not STABILIZE the road within the time frame set forth in paragraph
2.C. herein. In no event shall Developer's obligation under this Agreement
exceed $14,500.00 subject to adjustment to a higher or lower figure from
the first quarter of 2003 to the year and quarter in which the contemplated
work is being performed based on "The State Highway Bid Price index
contained in the "Quarterly Cost report" of The Engineering News-Record
as published by The McGraw-Hill Companies.
4. ESCROW AGREEMENT, the terms of which will be subject to review by the
County that provides at least the following:
C%Pxwnmt.mid Satins,UC Rrvnnn'My 0.wummmRnjsut W.B.Fvm Enuta\Rnnd Imrynvvnmt.Apmnml(sinhilinniim)doc
Page 2 of 5
III/Ifi/$Mlt 1011 AM
A. The cash in escrow when fully funded is $14,500.00.
B. The escrow agent guarantees that the escrowed funds will be disbursed
according to the terms of this agreement and will not release any portion
of the funds without prior written approval of the Weld County Board of
County Commissioners.
5. SEVERABILITY
If any term or condition of this Agreement shall be held to be invalid, illegal, or
unenforceable, this Agreement shall be construed and enforced without such
provision to the extent that this Agreement is then capable of execution within the
original intent of the parties hereto.
6. NO THIRD PARTY BENEFICIARY ENFORCEMENT.
It is expressly understood and agreed that the enforcement of the terms and
conditions of this Agreement, and all rights of action relating to such
enforcement, shall be strictly reserved to the undersigned parties and nothing in
this Agreement shall give or allow any claim or right of action whatsoever by any
other person not included in this Agreement. It is the express intention of the
undersigned parties receiving services of benefits under this Agreement shall be
an incidental beneficiary only.
7. MODIFICATION AND BREACH
This Agreement contains the entire agreement and understanding between the
parties to this Agreement and supersedes any other agreements concerning the
subject matter of this transaction, whether oral or written. No modification,
amendment, notation, renewal, or other alteration of or to this Agreement shall be
deemed valid or of any force or effect whatsoever, unless mutually agreed upon in
writing by the undersigned parties. No Breach of any term, provisions, or clause
of this Agreement shall be deemed waived or excused, unless such waiver or
consent shall be in writing and signed by the party claimed to have waived or
consented. Any consent by any party hereto, or waiver of, a breach by any other
party, whether express or implied, shall not constitute a consent to waiver of, or
excuse for any other different or subsequent breach.
8. NO WARRANTY.
Neither County nor Developer, by virtue of their entering into this Agreement and
upon their promises to perform the work described herein, make warranties, either
express or implied, that the improvement work and/or maintenance of these roads
meet standards other than those generally required for counties and cities of the
size and type similar to County.
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IW1&10010SS AM
9. BINDING
This agreement shall be binding on the heirs, successors, and assigns of the
parties.
rt
IN WITNESS WHEREOF the parties hereto have signed this Agreement this day
of 0tT0 , 2003.
BY: 174w
Developer
ATTEST: BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Chair,
BY: Weld County Clerk to the Board
Deputy Clerk to the Board
APPROVED AS TO FORM:
County Attorney
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Page 4 of 5
I G/16/2n03 1022 AM
Cost Estimating for Offsite Improvements Agreement 21-Aug-2003 PAS
Weld County Road 80 stabilization for one-mile between CR 27 & CR 29. Weld County Public Works Dept.
Two 13-foot lanes = 26-feet.
one-mile estimate one-mile 75%
Material Quantity Units Cost per Unit Total Cost Percent Cost
Street Grading 2,542 ydA3 $2.50 ydA3 $6,355.00 $4,766.25
Street Base (Class 6) 2,542 ydA3 $15.00 ydA3 $38,130.00 $28,597.50
Chemical Stabilization 15,253 ydA2 $0.80 ydA2 $12,202.40 $9,151.80
(DC2000)
Engineering &Supervision Costs (fixed) $1,200 $1,200.00
Grand Total = 1 $57,887.401 $43,715.551 =°/0 Total
Estimate of Quantities
Material Length Width Depth Area Area Volume Volume Weight
feet feet feet ftA2 ydA2 ftA3 ydA3 ton
Street Grading 5,280 26 0.5 - - 68,640 2,54
Class 6 5,280 26 0.5 - - 68,640 2,542 -
Chemical 5,280 26 - 137,280 15,253 - - -
Percentage of the Section Mile
Applicant Part.(ft.) Total (ft.) Percentage Participation
3,960 5,280 75%
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IMPROVEMENTS AGREEMENT ACCORDING TO
POLICY REGARDING COLLATERAL FOR IMPROVEMENTS
(PRIVATE ROAD MAINTENANCE)
THIS AGREEMENT,made and entered into this day of ,20_,by and
between the County of Weld, State of Colorado, acting through its Board of County Commissioners,
hereinafter called "County," and W.B. Farms Estates,LLC hereinafter called "Applicant."
WITNESSETH:
WHEREAS, Applicant is the owner of, or has a controlling interest in the following described
property in the County of Weld, Colorado:
W.B. Farms Estates, aka Lot B of Recorded Exemption 0707-20-2-RE1563, Dated June 26,2003.
WHEREAS, a Final Subdivision/Planned Unit Development (PUD) plat of said property, to be
known as W.B. Farms Estates has been submitted to the County for approval, and
WHEREAS, relevant Sections of the Weld County Code provide that no Subdivision Final Plat,
Planned Unit Development Final Plat, or Site Plan shall be approved by the County until the Applicant has
submitted a Subdivision Improvement Agreement guaranteeing the construction of the public improvements
shown on plans, plats and supporting documents of the Subdivision Final Plat, Planned Unit Development
Final Plat,or Site Plan,which improvements,along with a time schedule for completion,are listed in Exhibits
"A" and"B"of this Agreement.
NOW, THEREFORE, IN CONSIDERATION OF the foregoing and of the acceptance and
approval of said Final Plat,the parties hereto promise, covenant and agree as follows:
1.0 Engineering Services: Applicant shall furnish,at its own expense,all engineering services in
connection with the design and construction of the Subdivision or Planned Unit Development
improvements listed on Exhibit "A," which is attached hereto and incorporated herein by
reference.
1.1 The required engineering services shall be performed by a Professional Engineer and
Land Surveyor registered in the State of Colorado, and shall conform to the
standards and criteria established by the County for public improvements.
1.2 The required engineering services shall consist of, but not be limited to, surveys,
designs,plans and profiles, estimates,construction supervision,and the submission
of necessary documents to the County.
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IMPROVEMENTS AGREEMENT ACCORDING TO
POLICY REGARDING COLLATERAL FOR IMPROVEMENTS
(PRIVATE ROAD MAINTENANCE)
THIS AGREEMENT, made and entered into this day of ,20_,by and
between the County of Weld, State of Colorado, acting through its Board of County Commissioners,
hereinafter called "County," and W.B. Farms Estates, LLC hereinafter called "Applicant."
WITNESSETH:
'WHEREAS, Applicant is the owner of, or has a controlling interest in the following described
property in the County of Weld, Colorado:
WHEREAS, a Final Subdivision/Planned Unit Development (PUD) plat of said property, to be
known as W.B. Farms Estates has been submitted to the County for approval, and
WHEREAS, relevant Sections of the Weld County Code provide that no Subdivision Final Plat,
Planned Unit Development Final Plat, or Site Plan shall be approved by the County until the Applicant has
submitted a Subdivision Improvement Agreement guaranteeing the construction of the public improvements
shown on plans, plats and supporting documents of the Subdivision Final Plat, Planned Unit Development
Final Plat,or Site Plan,which improvements,along with a time schedule for completion,are listed in Exhibits
"A" and"B" of this Agreement.
NOW, THEREFORE, IN CONSIDERATION OF the foregoing and of the acceptance and
approval of said Final Plat, the parties hereto promise, covenant and agree as follows:
1.0 Engineering Services: Applicant shall furnish,at its own expense,all engineering services in
connection with the design and construction of the Subdivision or Planned Unit Development
improvements listed on Exhibit "A," which is attached hereto and incorporated herein by
reference.
1.1 The required engineering services shall be performed by a Professional Engineer and
Land Surveyor registered in the State of Colorado, and shall conform to the
standards and criteria established by the County for public improvements.
1.2 The required engineering services shall consist of, but not be limited to, surveys,
designs,plans and profiles,estimates,construction supervision,and the submission
of necessary documents to the County.
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1.3 Applicant shall furnish drawings and cost estimates for roads within the Subdivision
or Planned Unit Development to the County for approval prior to the letting of any
construction contract. Applicant shall furnish one set of reproducible "as-built"
drawings and a final statement of construction cost to the County.
2.0 Rights-of-Way and Easements: Before commencing the construction of any improvements
herein agreed upon,Applicant shall acquire,at its own expense,good and sufficient rights-of-
way and easements on all lands and facilities traversed by the proposed improvements.
3.0 Construction: Applicant shall furnish and install, at its own expense, the Subdivision or
Planned Unit Development improvements listed on Exhibit"A,"which is attached hereto and
incorporated herein by reference, according to the construction schedule set out in Exhibit
"B" which is also attached hereto and incorporated herein by reference.
3.1 Said construction shall be in strict conformance to the plans and drawings approved
by the County and the specifications adopted by the County for such public
improvements. Whenever a Subdivision or Planned Unit Development is proposed
within three miles of an incorporated community located in Weld County or located
in any adjacent county, the Applicant shall be required to install improvements in
accordance with the requirements and standards that would exist if the plat were
developed within the corporate limits of that community. If the incorporated
community has not adopted such requirements and standards at the time the
Subdivision or Planned Unit Development is proposed, the requirements and
standards of the County shall be adhered to. If both the incorporated community and
the County have requirements and standards,those requirements and standards that
are more restrictive shall apply.
3.2 Applicant shall employ, at its own expense,a qualified testing company previously
approved by the County to perform all testing of materials or construction that is
required by the County; and shall furnish copies of test results to the County.
3.3 At all times during said construction, the County shall have the right to test and
inspect, or to require testing and inspection of material and work at Applicant's
expense. Any material or work not conforming to the approved plans and
specifications shall be removed and replaced to the satisfaction of the County at
Applicant's expense.
3.4 Applicant shall furnish proof that proper arrangements have been made for the
installation of sanitary sewer or septic systems, water, gas, electric and telephone
services.
3.5 Said Subdivision or Planned Unit Development improvements shall be completed,
according to the terms of this Agreement,within the construction schedule appearing
in Exhibit "B." The Board of County Commissioners, at its option, may grant an
extension of the time of completion shown on Exhibit "B" upon application by the
Applicant subject to the terms of Section 6 herein.
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4.0 Release of Liability: Applicant shall indemnify and hold harmless the County from any and
all liability loss and damage County may suffer as a result of all suits, actions or claims of
every nature and description caused by, arising from, or on account of said design and
construction of improvements,and pay any and all judgments rendered against the County on
account of any such suit,action or claim,together with all reasonable expenses and attorney
fees incurred by County in defending such suit, action or claim whether the liability, loss or
damage is caused by, or arises out of the negligence of the County or its officers, agents,
employees,or otherwise except for the liability,loss,or damage arising from the intentional
torts or the gross negligence of the County or its employees while acting within the scope of
their employment. All contractors and other employees engaged in construction of the
improvements shall maintain adequate worker's compensation insurance and public liability
insurance coverage,and shall operate in strict accordance with the laws and regulations of the
State of Colorado governing occupational safety and health.
(THERE IS NO SECTION 5)
6.0 Approval of Streets by the County: Upon compliance with the following procedures by the
Applicant, streets within a Subdivision or Planned Unit Development may be approved by
the County as public roads and will be maintained and repaired by a Homeowners
Association or, in its absence, the owners of lots within the Subdivision or Planned Unit
Development.
6.1 If desired by the County,portions of street improvements may be placed in service
when completed according to the schedule shown on Exhibit"B,"but such use and
operation shall not constitute an approval of said portions.
6.2 County may, at its option,issue building permits for construction on lots for which
street improvements detailed herein have been started but not completed as shown on
Exhibit "B," and may continue to issue building permits so long as the progress of
work on the Subdivision or Planned Unit Development improvements in that phase
of the development is satisfactory to the County; and all terms of this Agreement
have been faithfully kept by Applicant.
6.3 Upon completion of the construction of streets within a Subdivision or Planned Unit
Development and the filing of a Statement of Substantial Compliance, the
applicant(s)may request in writing that the County Engineer inspect its streets and
recommend that the Board of County Commissioners partially approve them. Not
sooner than nine months after partial approval, the County Engineer shall, upon
request by the applicant,inspect the subject streets,and notify the applicant(s)of any
deficiencies. The County Engineer shall reinspect the streets after notification from
the applicant(s) that any deficiencies have been corrected. If the County Engineer
finds that the streets are constructed according to County standards, he or she shall
recommend full approval. Upon a receipt of a positive unqualified recommendation
from the County Engineer for approval of streets within the development,the Board
of County Commissioners shall fully approve said streets as public but with private
pay.
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7.0 General Requirements for Collateral:
7.1 The value of all collateral submitted to Weld County must be equivalent to One-
Hundred percent (100%) of the value of the improvements as shown in this
Agreement. Prior to Final Plat approval, the applicant shall indicate which of the
five types of collateral preferred to be utilized to secure the improvements subject to
final approval by the Board of County Commissioners and the execution of this
Agreement. Acceptable collateral shall be submitted and the plat recorded within six
(6)months of the Final Plat approval. If acceptable collateral has not been submitted
within six(6)months then the Final Plat approval and all preliminary approvals shall
automatically expire. Applicant may request that the County extend the Final Plat
approval provided the cost estimates are updated and the development plans are
revised to comply with all current County standards,policies and regulations. The
improvements shall be completed within one (1)year after the Final Plat approval
(not one year after acceptable collateral is submitted) unless the applicant(s)
requests that this Agreement be renewed at least thirty (30) days prior to its
expiration and further provides that cost estimates for the remaining improvements
are updated and collateral is provided in the amount of One-Hundred percent
(100%) of the value of the improvements remaining to be completed. If
improvements are not completed and the agreement not renewed within these time
frames, the County, at its discretion, may make demand on all or a portion of the
collateral and take steps to see that the improvements are made.
7.2 The applicant may choose to provide for a phased development by means of
designating filings of a Planned Unit Development Final Plat or Subdivision Final
Plat. The applicant would need only to provide collateral for the improvements in
each filing as approved. The County will place restrictions on those portions of the
property that are not covered by collateral which will prohibit the conveyance of the
property or the issuance of building permits until collateral is provided or until
improvements are in place and approved pursuant to the requirements for a Request
for Release of Collateral.
7.3 The applicant intends to develop in accordance with Exhibits"A" and"B."
8.0 Improvements Guarantee: The five types of collateral listed below are acceptable to Weld
County subject to final approval by the Board of County Commissioners.
8.1 An irrevocable Letter of Credit from a Federal or State licensed financial institution
on a form approved by Weld County. The Letter of Credit shall state at least the
following:
8.1.1 The Letter of Credit shall be in an amount equivalent of One-Hundred
percent(100%)of the total value of the improvements as set forth in Section
6.0 and Exhibits "A" and "B."
8.1.2 The Letter of Credit shall provide for payment upon demand to Weld
County if the developer has not performed the obligations specified in the
Improvements Agreement and the issuer has been notified of such default.
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8.1.3 The applicant may draw from the Letter of Credit in accordance with the
provisions of this policy.
8.1.4 The issuer of the Letter of Credit shall guarantee that, at all times the
unreleased portion of the Letter of Credit shall be equal to a minimum of
One-Hundred percent (100%) of the estimated costs of completing the
uncompleted portions of the required improvements,based on inspections of
the development by the issuer. In no case shall disbursement for a general
improvement item exceed the cost estimate in the Improvements Agreement
(i.e., streets, sewers, water mains and landscaping, etc.). The issuer of the
Letter of Credit will sign the Improvements Agreement acknowledging the
agreement and its cost estimates.
8.1.5 The Letter of Credit shall specify that fifteen percent (15%) of the total
Letter of Credit amount cannot be drawn upon and will remain available to
Weld County until released by Weld County.
8.1.6 The Letter of Credit shall specify that the date of proposed expiration of the
Letter of Credit shall be either the date of release by Weld County of the
fmal fifteen percent(15%),or one year from the date of Final Plat approval,
whichever occurs first. Said letter shall stipulate that, in any event, the
Letter of Credit shall remain in full force and effect until after the Board has
received sixty(60)days written notice from the issuer of the Letter of Credit
of the pending expiration. Said notice shall be sent by certified mail to the
Clerk to the Board of County Commissioners.
8.2 Trust Deed upon all or some of the proposed development or other property
acceptable to the Board of County Commissioners provided that the following are
submitted:
8.2.1 In the event property within the proposed development is used as collateral,
an appraisal is required of the property in the proposed development by a
disinterested Member of the American Institute of Real Estate Appraisers
(M.A.I.) indicating that the value of the property encumbered in its current
degree of development is sufficient to cover One-Hundred percent(100%)
of the cost of the improvements as set forth in the Improvements Agreement
plus all costs of sale of the property.
8.2.2 In the event property other than the property to be developed has been
accepted as collateral by Weld County,then an appraisal is required of the
property by a Member of the Institute of Real Estate Appraisers (M.A.I.)
indicating that the value of the property encumbered in its current state of
development is sufficient to cover One-Hundred percent(100%)of the cost
of the improvements as set forth in the Improvements Agreement plus all
costs of sale of the property.
8.2.3 A title insurance policy insuring that the Trust Deed creates a valid
encumbrance which is senior to all other liens and encumbrances.
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8.2.4 A building permit hold shall be placed on the encumbered property.
8.3 Escrow Agreement that provides at least the following:
8.3.1 The cash in escrow is at least equal to One-Hundred percent(100%)of the
amount specified in the Improvements Agreement.
8.3.2 The escrow agent guarantees that the escrowed funds will be used for
improvements as specified in the agreement and for no other purpose and
will not release any portion of such funds without prior approval of the
Weld County Board of Commissioners.
8.3.3 The escrow agent will be a Federal or state-licensed bank or financial
institution.
8.3.4 If Weld County detcuuines there is a default of the Improvements
Agreement,the escrow agent,upon request by the County,shall release any
remaining escrowed funds to the County.
8.4 A surety bond given by a corporate surety authorized to do business in the State of
Colorado in an amount equivalent to One-Hundred percent(100%) of the value of
the improvements as specified in the Improvements Agreement.
8.5 A cash deposit made with the County equivalent to One-Hundred percent(100%)of
the value of the improvements.
9.0 Request for Release of Collateral: Prior to release of collateral for the entire project or for a
portion of the project by Weld County,the Applicant must present a Statement of Substantial
Compliance from an Engineer registered in Colorado that the project or a portion of the
project has been completed in substantial compliance with approved plans and specifications
documenting the following:
9.1 The Engineer or his representative has made regular on-site inspections during the
course of construction and the construction plans utilized are the same as those
approved by Weld County.
9.2 Test results must be submitted for all phases of this project as per Colorado
Department of Transportation Schedule for minimum materials sampling,testing and
inspections found in the Colorado Department of Transportation(CDOT)Materials
Manual.
9.3 "As built" plans shall be submitted at the time the letter requesting release of
collateral is submitted. The Engineer shall certify that the project "as-built" is in
substantial compliance with the plans and specifications as approved, or that any
material deviations have received prior approval from the County Engineer.
9.4 The Statements of Substantial Compliance must be accompanied,if appropriate,by a
letter of acceptance of maintenance and responsibility by the appropriate utility
company, special district or town for any utilities.
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9.5 A letter must be submitted from the appropriate Fire Authority indicating the fire
hydrants are in place in accordance with the approved plans. The letter shall indicate
if the fife hydrants are operational and state the results of fire flow tests.
9.6 The requirements in paragraphs 9.0 thru 9.5 shall be noted on the final construction
plans.
9.7 Following the submittal of the Statement of Substantial Compliance and
recommendation of approval of the streets by the County, the applicant(s) may
request release of the collateral for the project or portion of the project by the Board.
This action will be taken at a regularly scheduled public meeting of the Board.
9.8 The request for release of collateral shall be accompanied by "Warranty Collateral"
in the amount of fifteen percent(15%)of the value of the improvements as shown in
this Agreement excluding improvements fully accepted for maintenance by the
responsible governmental entity, special district or utility company.
9.9 The warranty collateral shall be released to the applicant upon final approval by the
Board of County Commissioners.
10.0 Public Sites and Open Spaces: When the Board of County Commissioners, pursuant to a
rezoning, Subdivision or Planned Unit Development,requires the dedication, development
and/or reservation of areas or sites other than Subdivision or Planned Unit Development
streets and utility easements of a character, extent and location suitable for public use for
parks, greenbelts or schools, said actions shall be secured in accordance with one of the
following alternatives,or as specified in the Planned Unit Development(PUD)Plan,if any:
10.1 The required acreage as may be determined according to the Weld County
Subdivision Regulations shall be dedicated to the County or the appropriate school
district,for one of the above purposes. Any area so dedicated shall be maintained by
the County or school district.
10.2 The required acreage as determined according to Chapter 24 of the Weld County
Code, may be reserved through deed restrictions as open area, the maintenance of
which shall be a specific obligation in the deed of each lot within the Subdivision or
Planned Unit Development.
10.3 In lieu of land,the County may require a payment to the County in an amount equal
to the market value at the time of Final Plat submission of the required acreage as
determined according to Chapter 24 of the Weld County Code. Such value shall be
determined by a competent land appraiser chosen jointly by the Board and the
Applicant. The cash collected shall be deposited in an escrow account to be
expended for parks at a later date.
11.0 Successors and Assigns: This Agreement shall be binding upon the heirs,executors,personal
representatives, successors and assigns of the Applicant,and upon recording by the County,
shall be deemed a covenant running with the land herein described,and shall be binding upon
the successors in ownership of said land.
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IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed on the day
and year first above written.
APPLICANT: 1\/0v4 4WA
APPLICANT:TITLE: mmAt1a
Subscribed and sworn to before me this lb day of Ocioter , ZOo7 •
�a�aammrnrn„r
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My Commission expires: `��C1,-e°M .r)1/4'�.,,� 2 M•
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ATTEST: M *n BOARD OF COUNTY COMMISSIONERS
A015,2004
WELD COUNTY, COLORADO
Weld County Clerk to the Board
, Chair
BY:
Deputy Clerk to the Board
APPROVED AS TO FORM:
County Attorney
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EXHIBIT "A"
Name of Subdivision
or Planned Unit Development: W.B. Farms Estates
Filing: N/A
Location: South of WCR 80 between WCR 27 and WCR 29
Intending to be legally bound,the undersigned Applicant hereby agrees to provide throughout this Subdivision
or Planned Unit Development the following improvements. (Leave spaces blank where they do not apply)
Improvements Quantity Units Unit Estimated
Costs Construction Cost
Site grading 9300 sq.yds. 1.50 $13,950.00
Street grading 9300 sq. yds. 2.40 $22,320.00
Street base
Street paving
Curbs,gutters,and culverts
Sidewalk
Storm sewer facilities
Retention ponds
Ditch Improvements
Subsurface drainage
Sanitary sewers
Trunk and forced lines
Mains
Laterals(house connected)
On-site sewage facilities
On-site water supply and storage
Water Mains(includes bore) 2225 if 21.20 $47,170.00
Fire hydrants 1 ea 3048.50 $ 3,048.00
Survey and street monuments and boxes 1 is 6880.00 $ 6,880.00
Street lighting
Street Names 1 is $ 700.00
Fencing requirements
Landscaping 1 is $16,000.00
Park improvements
Road culvert 105 if 57.20 $ 6,006.00
Grass lined swale
Telephone
Gas
Electric 1 is $37,542.00
Water transfer
SUB-TOTAL: $153,616.00
Engineering and Supervision Costs $10,000.00
(Testing,inspection, as-built plans and work in addition to preliminary and final plat; supervision of actual
construction by contractors)
TOTAL ESTIMATED COST OF IMPROVEMENTS AND SUPERVISION $163,616.00
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The above improvements shall be constructed in accordance with all County requirements and specifications,
and conformance with this provision shall be determined solely by Weld County,or its duly authorized agent.
Said im rovemen s shall be completed according to the construction schedule set out in Exhibit"B."
By: itI
Applicant
Applicant
MA a&,, Date: 664 ' t,Ci' , 20 63 .
Title
(If corporation, to be signed by President and attested to by Secretary,together with corporate seal.)
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EXHIBIT "B"
Name of Subdivision
or Planned Unit Development: W.B. Farms Estates
Filing: N/A
Location: South of WCR 80 between WCR 27 and WCR 29.
Intending to be legally bound,the undersigned Applicant hereby agrees to provide throughout this Subdivision
or Planned Unit Development the following improvements.
All improvements shall be completed within one (1) years from the date of approval of the final plat.
Construction of the improvements listed in Exhibit"A" shall be completed as follows:
(Leave spaces blank where they do not apply.)
Improvements Time for Completion
Site grading April 15,2004(est)
Street base May 01, 2004 (est)
Street paving N/A
Curbs, gutters, and culverts May 01, 2004 (est)
Sidewalk N/A
Storm sewer facilities N/A
Retention ponds April 15, 2004(est)
Ditch improvements April 15, 2004(est)
Subsurface drainage May 01. 2004 (est)
Sanitary sewers N/A
Trunk and forced lines N/A
Mains N/A
Laterals(house connected) N/A
On-site sewage facilities N/A
On-site water supply and storage May 15, 2004 (est)
Water mains June 15, 2004 (est)
Fire hydrants June 15, 2004(est)
Survey and street monuments and boxes July 1, 2004(est)
Street lighting N/A
Street name signs July 1, 2004(est)
Fencing requirements July 15, 2004 (est)
Landscaping August 1, 2004(est)
Park improvements N/A
Road culvert May 10. 2004 (est)
Grass lined swale August 1, 2004(est)
Telephone July 1, 2004(est)
Gas N/A
Electric July 1, 2004(est)
Water Transfer July 1, 2004 (est)
SUB-TOTAL:
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DECLARATION OF COVENANTS, CONDITIONS,
AND RESTRICTIONS
FOR
W.B. Farms Estates
(A Common Interest Community)
DECLARATION OF COVENANTS,
CONDITIONS, AND RESTRICTIONS
FOR
W.B. Farms Estates
(A Common Interest Community)
TABLE OF CONTENTS
Recitals 1
Article I- Submission of Real Estate 1
Article II - Definitions 2
Access Easement 2
Allocated Interests 2
Approval 2
Architectural Control Committee 2
Association 2
Bylaws 2
Common Elements 2
Common Expense Liability 2
Common, Expenses 2
Common Interest Community 3
Declarant 3
Declaration 3
Disposition 3
Documents 3
Executive Board 4
Identifying Number 4
Insurer 4
Lot 4
Owner 4
Mortgagee 4
Open Spaces 4
Person 4
Plat 4
Purchaser 5
Real Estate 5
Residence 5
Residential Use 5
Rules and Regulations 5
Security Interest 5
Single-family 6
•
Utility Easement •.: 6
Article III - Common Interest Community 6
Name. 6
Association 6
Planned Community 6
County 6
Legal Description 6
Maximum Number of Lots 6
Boundaries of Lots 6
Allocated Interests 7
Recording Data 7
Notice 7
Article IV -Association 7
Membership 7
Voting Rights and Assignment of Votes 8
Allocated Interests 8
Authority 8
Powers 8
Declarant Control 8
Executive Board Powers and Duties 8
Professional Management and Contract Termination Provisions 10
Executive Board Limitations 11
Owner's Negligence 11
Indemnification 11
Article V - Special Declarant Rights and
Additional Reserved Rights 12
Special Declarant Rights 12
Completion of Improvements 12
Exercise of Developmental Rights 12
Sales Management and Marketing 12
Construction Easements 12
Master Association 12
Merger 13
Control of Association and Executive Board 13
Amendment of Declaration 13
Additional Reserved Rights.. 13
Rights Transferable 13
Article VI- Reservation of Expansion and Development Rights 14
Expansion Rights 14
Withdrawal Rights 14
Amendment of the Declaration 14
Plat 15
Interpretation 15
Maximum Number of Lots 15
Construction Easement 15
Reciprocal Easements 16
Termination of Expansion and Development Rights 16
ii
'Transfer of Expansion and Development Rights 16
Article VII - Assessment for Common Expenses 17
Personal Obligation of Owners for Common Expenses 17
Purpose of Assessment 17
Amount of Assessment 17
Maximum Annual Assessment 17
Special Assessments for Capital Improvements 18
Notice and Quorum for any Action Authorized Under Sections 4 and 5 18
Uniform Rate of Assessment 18
Date of Commencement of Annual Assessments; Due Dates 18
Exempt Property 19
Record of Receipts and Expenditures 19
Notice to Security Interest 19
Certificate of Status of Assessments 19
Common Expenses Attributable to Fewer than All Lots 20
Article VIII-Lien for Nonpayment of Common Expenses 20
Article IX- Common Elements 21
Description of Common Elements 21
Open Space 21
Access Easement 21
Utilities 22
Fence,Entrance Signs, and Gates 22
Miscellaneous Improvements 22
Rules and Regulations 22
Owners'Easements of Enjoyment 22
Delegation of Use 23
Article X-Architectural Control 24
Architectural Control Committee 24
Membership 24
Purpose 24
Term 24
Decisions 24
Compensation 24
Delegation 24
Nonliability 25
Control 25
Submission 25
Rules and Guidelines 26
Review of Plans and Specifications 26
No Waiver of Future Approval 27
Land Use and Building Type 27
Residence Size 27
Garages 27
iii
i.00f 28
Siding 28
Color 28
Building Height 28
Outbuildings 28
Driveways 29
Building Location 29
Front Lot Line 29
Side Lot Line 29
Rear Lot Line 29
Sight Distance at Intersections 30
Construction 30
Fences 30
Landscaping 31
Signs ; 31
Clotheslines 31
Antennas 31
Storage Tanks and Containers 31
Damage or Destruction of Improvements 32
Article XI -Use Restrictions 32
Trash Collection 32
Mineral Extraction 32
Resubdivision 32
Restrictions on Leasing 32
Household Pets 33
Livestock 33
Horses 33
4- H Animals 33
Total Animals 33
Offspring 33
Grazing 33
Commercial Activity 34
Use of Common Elements 34
Occupancy of Lot 34
General Prohibition 34
Maintenance of Lots and Improvements 34
Nuisance 35
Temporary Structures 35
Restriction of Use 35
Storage of Vehicles 35
Discharge of Weapons 36
Disturbing the Peace 36
Article XII — Drainage 36
Acknowledgement 36
Moisture 36
iv
vdater Flow 36
Action by Owner 36
Disclaimer 38
Article XIII - Surrounding Agricultural Uses and Wildlife 38
Right to Farm 38
Wildlife _ 38
Article XIV-Mortgagee Protection 39
Introduction 39
Notice of Actions 39
Consent and Notice Required 39
Document Changes 39
Actions 41
Inspection of Books 42
Financial Statements 42
Enforcement 43
Attendance at Meetings 43
Appointment of Trustee 43
Payment of Delinquent Fees 43
Article XVI- General Provisions 43
Enforcement 43
Duration 44
Amendment 44
Captions 44
Gender 44
Waiver 44
Invalidity 44
Conflict 44
Ratification 48
iMOTICE TO CLOSING AGENTS: THIS IS A FEE-ASSESSED SUBDIVISION. CHECK
WITH THE HOMEOWNERS ASSOCIATION FOR FEE SCHEDULE.
DECLARATION OF COVENANTS,
CONDITIONS,AND RESTRICTIONS
FOR
W.B. Farms Estates
(A Common Interest Community)
THIS DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR
W.B. Farms Estates is made and entered into this day of , 2003, by the persons and
entities who are signatories to this Declaration ("the Owners").
RECITALS
A. The Owners are the owners of that certain real property located in the County of Weld,
State of Colorado legally described on Exhibit "A" attached hereto and incorporated herein by
reference ("the Real Estate").
B. The Owners desire to create a Common Interest Community on the Real Estate, pursuant
to the Colorado Common Ownership Act, Section 38-33.3-101, et seq., Colorado Revised Statutes,
as it may be amended from time to time ("the Act"), in which portions of the Real Estate will be
designated for separate ownership and the remainder of which will be owned by an Association of
Lot Owners.
C. W.B. FARMS ESTATES HOMEOWNERS ASSOCIATION (a Colorado nonprofit
corporation) has been incorporated under the laws of the State of Colorado for the purpose of
exercising the functions herein set forth.
ARTICLE I. SUBMISSION OF REAL ESTATE
The Owners hereby publish and declare that the Real Estate shall be held, sold, conveyed,
transferred, leased, subleased, and occupied subject to the following easements, covenants,
conditions, and restrictions which shall run with the Real Estate and shall be binding upon and inure
to the benefit of all parties having any right, title, or interest in the Real Estate or any portion thereof,
their heirs, personal representatives, successors, and assigns. Additionally, the Owners hereby
submit the Real Estate to the provisions of the Act. In the event the Act is repealed, the Act on the
date this Declaration is recorded in the office of the Clerk and Recorder of Weld County, Colorado,
shall remain applicable.
ARTICLE II. DEFINITIONS
Section 1: "Access Easement" shall mean and refer to an easement sixty (60) feet in width
which provides access to each Lot and the Open Spaces from a public street, road, or highway,
which easement is described and designated on the Plat as the interior roadways.
Section 2: "Allocated Interests" shall mean and refer to the Common Expense Liability and
votes in the Association.
Section 3: "Approval" or "Consent" shall mean securing the prior written approval or consent
as required herein before doing, making, or suffering that for which such approval or consent is
required.
Section 4: "Architectural Control Committee" shall mean and refer to the committee
established to review and approve plans for the construction of improvements on Lots as set forth in
Article X of this Declaration.
Section 5: "Association" or "Lot Owners' Association" shall mean and refer to W.B. Farms
Estates Homeowners Association (a Colorado nonprofit corporation), its successors and assigns,
organized and existing under the laws of the State of Colorado and specifically Section 38-33.3-301
of the Act.
Section. 6: "Bylaws" shall mean and refer to any instruments, however denominated, which
are adopted by the Association for the regulation and management of the Association, including
amendments to those instruments.
Section 7: "Common Elements" shall mean and refer to any real estate or real property
interests within the Common Interest Community owned by the Association, other than a Lot, and
other assets of the Association.
Section 8: "Common Expense Liability" shall mean and refer to the liability for Common
Expenses allocated to each Lot pursuant to this Declaration.
Section 9: "Common Expenses" shall mean and refer to expenditures made or liabilities
incurred by or on behalf of the Association, together with any allocations to reserves. These
expenses for the operation of the Common Interest Community include,but are not limited to:
(a) Expenses of administering, maintaining, leasing, insuring, or replacing the
Common Elements.
(b) Expenses declared to be Common Expenses by the Declaration.
(c) Expenses agreed upon as Common Expenses by the Association.
(d) Such reasonable reserves as may be established by the Association, whether held
in trust or by the Association, for repair, replacement, or addition to the Common Elements or any
other real or personal property acquired or held by the Association.
Section 10: "Common Interest Community" shall mean and refer to the Real Estate described
on Exhibit "A" attached hereto and incorporated herein by reference, together with any and all Real
Estate added to the Common Interest Community pursuant to Article V hereinafter.
Section 11: "Declarant" shall mean and refer to , a
Colorado corporation, or any other Person or group of Persons acting in concert who:
(a) As a part of a common promotional plan, offer to dispose of to a Purchaser such
Declarant's interest in a Lot not previously disposed of to a Purchaser; or
(b) Reserve or succeed to any Special Declarant Right.
Section 12: "Declaration" shall mean and refer to this Declaration, including any
amendments hereto and also including,but not limited to, plats of the Real Estate recorded in the
Clerk and Recorder's office of Weld County, Colorado.
Section 13: "Dispose" or "Disposition" shall mean and refer to a voluntary transfer of any
legal or equitable interest in a Lot, but the term does not include the transfer or release of a security
interest.
Section 14: "Documents" shall mean and refer to this Declaration, the Plat, and the Articles
of Incorporation, Bylaws, and Rules and Regulations of the Association, as supplemented or
amended from time to time.
Section 15: "Executive Board" shall mean and refer to the Executive Board of the
Association.
Section 16: "Identifying Number" shall mean and refer to a symbol or address that identifies
only one (1) Lot in the Common Interest Community.
Section 17: "Insurer" shall mean and refer to any governmental agency or authority that
insures or guarantees a Mortgage and that has provided written notice of such interest to the
Association.
Section 18: "Lot" shall mean and refer to a physical portion of the Common Interest
Community which is designated for separate ownership or occupancy and the boundaries of which
are described in or determined from the Plat. The term "Lot" as used in this Declaration shall have
the same meaning as the term "Unit" as used in the Act.
Section 19: "Owner" shall mean and refer to any Person who owns a Lot but does not include
a Person having an interest in a Lot solely as security for an obligation. The Declarant is the Owner
of any Lot created in the Declaration until that Lot is conveyed to another Person. The term "Owner"
as used in this Declaration shall have the same meaning as the term "Unit Owner" as used in the Act.
Section 20: "Mortgagee" shall mean and refer to any Person who has a security interest in a
Lot and who has provided written notice of such interest to the Association.
Section 21: "Open Spaces" shall mean and refer to the parcels of property designated as open
space(Outlot) on the Plat.
Section 22: "Person" shall mean and refer to a natural person, a corporation, a limited
liability company, a partnership, an association, a trust, or any other entity or combination thereof.
Section 23: "Plat" shall mean and refer to the Plat of the Real Estate, designated as W.B.
Farms Estates, recorded in the office of the Clerk and Recorder of Weld County, Colorado, and all
recorded supplements and amendments thereto. "Plat" shall include the Plats of any additional Real
Estate added to the Common Interest Community pursuant to Article V hereinafter, which Plats may
be designated as subsequently numbered phases of W.B. Farms Estates.
Section 24: "Purchaser" shall mean and refer to a Person, other than the Declarant, who, by
means of a transfer, acquires a legal or equitable interest in a Lot, other than:
(a) A leasehold interest in a Lot of less than forty (40) years, including renewal
options, with the period of the leasehold interest, including renewal options, being measured from
the date the initial term commences; or
(b) A Security Interest.
Section 25: "Real Estate" shall mean and refer to the Real Estate described on Exhibit "A"
attached hereto and incorporated herein by reference, together with any Real Estate added to the
Common Interest Community pursuant to Article V hereinafter.
Section 26: "Residence" shall mean and refer to a single-family residential dwelling
constructed on a Lot.
Section 27: "Residential Use" shall mean and refer to use of a Residence as a dwelling by a
single family.
Section 28: "Rules and Regulations" shall mean and refer to any instruments, however
denominated, which are adopted by the Association for the regulation and management of the
Common Interest Community, including any amendment to those instruments.
Section 29: ""Security". Interest" shall mean and refer to an interest in real property created
by contract or conveyance which secures payment or performance of an obligation. The term
includes a lien created by a mortgage, deed of trust, trust deed, security deed, contract for deed, land
sales contract, lease intended as security, assignment of lease or rents intended as security, pledge of
an ownership interest in an association, and any other consensual lien or title retention contract
intended as security for an obligation. "First Security Interest" shall mean and refer to a Security
Interest in a Lot prior to all other Security Interests except the Security Interest for real property
taxes and assessments made by Weld County, Colorado, or other governmental authority having
jurisdiction over the Common Interest Community.
Section 30: "Single-family" shall mean and refer to any individual or group of persons
related by blood or marriage or any unrelated group of not more than three (3) persons living
together in a Residence.
Section 31: "Utility Easement" shall mean and refer to an easement thirty (30) feet in width
adjacent to and parallel with all Access Easements and an easement twenty (20) feet in width
adjacent to and parallel with all rear Lot lines as shown on the Plat to provide utility services to all of
the Lots and Open Spaces.
Section 32: Unless the context clearly indicates otherwise, other terms defined in the Act
shall have the meanings attributable to such terms in the Act.
Section 33: Other terms in this Declaration may be defined in specified provisions contained
herein and shall have the meaning assigned by such definition.
ARTICLE III. COMMON INTEREST COMMUNITY
Section 1: Name. The name of the Common Interest Community is W.B. Farms Estates.
Section 2: Association. The name of the Association is W.B. Farms Estates Homeowner's
Association.
Section 3: Planned Community. The Common Interest Community is a planned community.
Section 4: County. The name of every county in which any part of the Common Interest
Community is situated is Weld County, Colorado.
Section 5: Legal Description. A legal description of the Real Estate included in the Common
Interest Community is set forth on Exhibit"A" attached hereto and incorporated herein by reference.
Additional Real Estate may be added to the Common Interest Community pursuant to Article V
hereinafter.
Section 6: Maximum Number of Lots. The maximum number of Lots that the Declarant
reserves the right to create within the Common Interest Community is eight (8).
Section 7: Boundaries of Lots. The boundaries of each Lot are set forth on the Plat of the
Real Estate. The Plat sets forth the Lot's Identifying Number.
Section 8: Allocated Interests. The Common Expense Liability and votes in the Association
shall be allocated among the Owners as follows:
(a) Each Owner's share of the Common Expenses shall be a fraction, the numerator of
which shall be one (1) and the denominator of which shall be the total number of Lots within the
Common Interest Community.
(b) Each Owner shall be entitled to one (1) vote for each Lot owned.
Section 9: Recording Data. All easements and licenses to which the Common Interest
Community is presently subject are shown on the Plat and on Exhibit "B" attached hereto. In
addition, the Common Interest Community may be subject to other easements or licenses granted by
the Declarant pursuant to the terms of this Declaration.
Section 10: Notice. Notice of matters affecting the Common Interest Community may be
given to Lot Owners by the Association or by other Lot Owners in the following manner: notice
shall be hand delivered or sent prepaid by United States mail to the mailing address of each Lot or to
any other mailing address designated in writing by the Lot Owner to the Association. Such notice
shall be deemed given when hand delivered or when deposited in the United States mail.
ARTICLE IV. ASSOCIATION
Section 1: Membership. Every Owner of a Lot which is subject to assessment shall be a
Member of the Association. The foregoing is not intended to include Persons who hold an interest
merely as security for the performance of an obligation. Membership shall be appurtenant to and
may not be separated from ownership of any Lot which is subject to assessment by the Association.
Ownership of such Lot shall be the sole qualification for membership. The Association does not
contemplate pecuniary gain or profit to the Members thereof, and the specific purposes for which it
is formed are as follows: (a) to operate the Common Interest Community known as W.B. Farms
Estates located in Weld County, Colorado, in accordance with the Act, as amended, and the
Colorado Nonprofit Corporation Act, as amended; (b) to promote the health, safety, welfare, and
common benefit of the residents of the Common Interest Community; and (c) to do any and all
permitted acts, and to have and exercise any and all powers, rights, and privileges which are granted
to a common interest community association under the laws of the State of Colorado, this
Declaration, and the Bylaws, Rules and Regulations, and other governing documents of the
Association.
Section 2: Voting Rights and Assignment of Votes. The effective date for assigning votes to
Lots created pursuant to this Declaration shall be the date on which this Declaration is recorded in
the records of the Clerk and Recorder of Weld County, Colorado.
Section 3: Allocated Interests. The Common Expense Liability and votes in the Association
allocated to each Lot are set forth as follows:
(a) The percentage of liability for Common Expenses shall be allocated on the basis
of equal liability for each Lot; and
(b) The number of votes in the Association shall be allocated on the basis of one (1)
vote for each Lot.
Section 4: Authority. The business and affairs of the Common Interest Community shall be
managed by the Association. The Association shall be governed by this Declaration and the Articles
of Incorporation, Bylaws, and Rules and Regulations of the Association, as amended from time to
time.
Section 5: Powers. The Association 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
Common Interest Community.
Section 6: Declarant Control. The Declarant, or persons designated by the Declarant; may:.
Appoint and remove the officers and. members of the Executive Board of the Association for a
period of fifteen (15) years after this Declaration is recorded in the office of the Clerk and Recorder
of Weld County, Colorado. The period of Declarant control as herein set forth is subject to the
limitations of Section 38-33.3-303(5) of the Act.
Section 7: Executive Board Powers and Duties. The Executive Board may act in all instances
on behalf of the Association. The Executive Board shall have, subject to the limitations contained in
this Declaration and the Act, the powers and duties necessary for the administration of the affairs of
the Association and of the Common Interest Community, which shall include, but not be limited to,
the following: .
(a) Adopt and amend Bylaws.
(b) Adopt and amend Rules and Regulations.
(c) Adopt and amend budgets for revenues, expenditures, and
reserves.
(d) Collect Common Expense assessments from Lot Owners.
(e) Hire and discharge Managers.
(0 Hire and discharge independent contractors, employees, and agents, other than
Managers.
(g) Institute, defend, or intervene in litigation or administrative proceedings or seek
injunctive relief for violation of the Documents in the Association's name, on behalf of the
Association, or two (2) or more Lot Owners on any matters affecting the Common Interest
Community.
(h) Make contracts and incur liabilities.
(i) Regulate the use, maintenance, repair, replacement, and modification of the
Common Elements.
(j) Cause additional improvements to be made as a part of the Common Elements.
(k) Acquire, hold, encumber and convey in the Association's name, any right, title, or
interest to real estate or personal property, but the Common Elements may be conveyed or subjected
to a Security Interest only pursuant to this Declaration and the Act.
(1) Grant easements for any period of time, including permanent easements, leases,
licenses, and concessions through or over the Common Elements, subject to the restrictions and
limitations of this Declaration and the Act.
(m) Impose and receive a fee or charge for the use, rental, or operation of the
Common Elements and for services provided to Lot Owners.
(n) Impose a reasonable charge for late payment of assessments and levy a reasonable
fine for violation of the Documents.
(o) Impose a reasonable charge for the preparation and recordation of supplements or
amendments to this Declaration and for statements of unpaid assessments.
(p) Provide for the indemnification of the Association's officers and the Executive
Board and maintain directors' and officers' liability insurance.
(q) Assign the Association's right to future income, including the right to receive
Common Expense assessments, but only upon the affirmative vote of the Owners of Lots to which at
least fifty-one percent (51%) of the votes in the Association are allocated, at a meeting called for that
purpose.
(r) Exercise any other powers conferred by the Documents.
(s) Exercise any other power that may be exercised in the State of Colorado by a
legal entity of the same type as the Association.
(t) Exercise any other power necessary and proper for the governance and operation
of the Association.
(u) By resolution, establish permanent and standing committees of Executive Board
members to perform any of the above functions under specifically delegated administrative standards
as designated in the resolution establishing the committee. All committees must maintain and
publish notice of their actions to Lot Owners and the Executive Board. However, actions taken by a
committee may be appealed to the Executive Board by any Lot Owner within forty-five (45) days of
publication of a notice. If an appeal is made, the committee's action must be ratified, modified, or
rejected by the Executive Board at its next regular meeting.
Section 8: Professional Management and Contract Termination Provisions.
The Association may utilize professional management in performing its duties hereunder. Any
agreement for professional management of the Association's business shall have a maximum term of
three (3) years and shall provide for termination by either party thereto, with or without cause and
without payment of a termination fee, upon sixty (60) days' prior written notice. Any contracts,
licenses, or leases entered into by the Association while there is Declarant control of the Association
shall provide for termination by either party thereto, with or without cause and without payment of a
termination fee, at any time after termination of Declarant control of the Association, upon sixty (60)
days' prior written notice; provided, however, that any contract entered into at any time by the
Association providing for services of the Declarant shall provide for termination at any time by
either party thereto, without cause and without payment of a termination fee, upon sixty (60) day's
prior written notice.
Section 9: Executive Board Limitations. The Executive Board may not act on behalf of the
Association to amend this Declaration, to terminate the Common Interest Community, or to elect
members of the Executive Board or determine their qualifications" powers, and duties or terms of
office of Executive Board members, but the Executive. Board may fill vacancies in its membership
for the unexpired portion of any term.
Section 10: Owner's Negligence. Notwithstanding anything to the contrary
contained in this Declaration in the event that the need for maintenance or repair of the Common
Elements or any improvements located thereon is caused by the willful or negligent act, omission, or
misconduct of any Lot Owner or by the willful or negligent act, omission, or misconduct of any
member of such Lot Owner's family or by a guest, invitee, employee, agent, contractor, or
subcontractor of such Lot Owner or any tenant or member of a tenant's family, the costs of such
repair and maintenance shall be the personal obligation of such Lot Owner, and any costs, expenses,
and fees incurred by the Association for such maintenance, repair, or reconstruction shall be added
to and become part of the assessment to which such Owner's Lot is subject and shall be a lien against
such Owner's Lot as provided in this Declaration. A determination of the willful or negligent act,
omission, or misconduct of any Lot Owner or any member of a Lot Owner's family or a guest,
invitee, employee, agent, contractor, or subcontractor of any Lot Owner or tenant or member of a
tenant's family and the amount of the Lot Owner's liability therefore shall be determined by the
Executive Board after notice to the Lot Owner and. the right to be heard before the Executive Board
in connection therewith.
Section 11: Indemnification. To the full extent permitted by law, each officer and member of
the Executive Board of the Association and each member of
the Architectural Control Committee shall be and are hereby indemnified by the Lot Owners and the
Association against all expenses and liabilities, including attorney's fees, reasonably incurred by or
imposed upon them in any proceeding to which they may be a party or in which they may become
involved by reason of their being or having been an officer or member of the Executive Board or
Architectural Control Committee of the Association, or any settlement thereof, whether or not they
are an officer or a member of the Executive Board or Architectural Control Committee of the
Association at the time such expenses are incurred, except in such cases where such officer or
member of the Executive Board or Architectural Control Committee is adjudged guilty of willful
misfeasance or malfeasance in the performance of his or her duties; provided that in the event of a
settlement, the indemnification shall apply only when the Executive Board approves such settlement
and reimbursement as being in the best interests of the Association.
ARTICLE V. SPECIAL DECLARANT RIGHTS AND
ADDITIONAL RESERVED RIGHTS
Section 1: Special Declarant Rights. Declarant hereby reserves the right for a period of
fifteen (15) years after this Declaration is recorded in the office of the Clerk and Recorder of Weld
County, Colorado, to perform the acts and exercise the rights hereinafter specified ("the Special
Declarant Rights"). Declarant's Special Declarant Rights include the following:
(a) Completion of Improvements. The right to complete improvements indicated on
the Plat.
(b) Exercise of Developmental Rights. The right to exercise any Development Right
reserved in Article VI of this Declaration.
(c) Sales Management and Marketing. The right to maintain one (1) sales office, one
(1) management office, signs advertising the Common Interest Community, and model Residences.
The Declarant shall have the right to determine the number of model Residences and the size and
location of the sales office, management office, and model Residences. The Declarant shall also
have the right to relocate the sales office, management office, and model Residences from time to
time, at the Declarant's' discretion. After the Declarant ceases to be the Owner of a Lot, the
Declarant shall have the right to remove any sales office or management office from the Common
Interest Community.
(d) Construction Easements. The right to use easements within the Common Interest
Community for the purpose of making improvements within the Common Interest Community or
within Real Estate which may be added to the Common Interest Community.
(e) Master Association. The right to make the Common Interest Community subject
to a master association.
(f) Merger. The right to merge or consolidate the Common Interest Community with
another Common Interest Community of the same form of ownership.
(g) Control of Association and Executive Board. The right to appoint or remove any
officer of the Association or any Executive Board member.
(h) Amendment of Declaration. The right to amend the Declaration in connection
with the exercise of any Development Rights.
(i) Amendment of Plat. The right to amend and supplement the Plat in connection
with the exercise of any Development Rights.
Section 2: Additional Reserved Rights. In addition to the Special Declarant Rights set forth
in Section 1 above, Declarant also reserves the following additional rights ("the Additional Reserved
Rights"):
(a) Dedications. The right to establish, from time to time, by dedication or otherwise,
access, utility, irrigation, and other easements over, across, and upon the Common Elements for
purposes including, but not limited to, streets, paths, walkways, drainage, recreation areas, and open
spaces, and irrigation of open spaces, Lots, and properties adjacent to the Common Interest
Community and to create other reservations, exceptions, and exclusions over, across, and upon the
Common Elements for the benefit of and to serve the Lot Owners and the Association.
(b) Use Agreements. The right to enter into, establish, execute, amend, and otherwise
deal with contracts and agreements for the use, lease, maintenance, improvement, or regulation of
Common Elements.
(c) Other Rights. The right to exercise any Additional Reserved Right created by any
other provision of this Declaration.
Section 3: Rights Transferable. Any Special Declarant Right or Additional Reserved Right
created or reserved under this Article for the benefit of the Declarant may be transferred to any
Person by an instrument describing the rights transferred and recorded in Weld County, Colorado.
Such instrument shall be executed by the transferor Declarant and the transferee.
ARTICLE VI. RESERVATION OF EXPANSION AND DEVELOPMENT_RIGHTS
Section 1: Expansion Rights. Declarant expressly reserves the right to subject all or any part
of the property described in Exhibit "C" attached hereto and hereby incorporated herein by reference
("the Development Property") to the provisions of this Declaration. The consent of the existing Lot
Owners or Mortgagees shall not be required for any such expansion, and Declarant may proceed
with such expansion without limitation, at its sole option.
Section 2: Withdrawal Rights. If all or any part of the Development Property is submitted to
this Declaration, Declarant expressly reserves the right to withdraw all or any portion of the
Development Property from the Common Interest Community by recording a document evidencing
such withdrawal in the office of the Clerk and Recorder of Weld County, Colorado. The Real Estate
withdrawn from the Common Interest Community shall be subject to whatever easements, if any, are
reasonably necessary for access to or operation of the Common Interest Community. Declarant shall
prepare and record in the office of the Clerk and Recorder of Weld County, Colorado, whatever
documents are necessary to evidence such easements.
Section 3: Amendment of the Declaration. If Declarant elects to submit the Development
Property, or any part thereof, to this Declaration, Declarant shall record an Amendment to the
Declaration containing a legal description of the Development Property, or portion thereof to be
submitted to this Declaration, and reallocating the Allocated Interests so that the Allocated Interests
appurtenant to each Lot will be apportioned according to the total number of Lots submitted to the
Declaration. The Allocated Interests appurtenant to each Lot in the Common Interest Community, as
expanded,. shall be a fraction, the numerator of which shall be one (1) and the denominator of which
shall be the total number of Lots within the Common Interest Community, as expanded. The
Amendment may contain additional covenants, conditions, and restrictions applicable only to the
Lots and/or Common Elements contained within the Development Property added to the Real Estate
by such Amendment. Such restrictions may (or may not) include, by example and not limitation,
restrictions on the number of horses, 4-H animals, and other livestock permitted to be maintained on
a Lot. Such Amendment may (or may not) prohibit horseback riding upon the Common Elements
contained within any Development Property added to the Real Estate by the Owners of Lots within
the Development Property as well as the Owners of Lots within the 'Real Estate initially included
within the Common Interest Community as described on Exhibit "A" attached to this Declaration.
Section 4: Plat. Declarant shall, contemporaneously with the amendment of this Declaration,
file a Plat showing the Development Property or portion thereof to be submitted to this Declaration
and the Lots and Common Elements created within the Development Property or portion thereof to
be submitted to this Declaration.
Section 5: Interpretation. Recording of amendments to this Declaration in the office of the
Clerk and Recorder of Weld County, Colorado, shall automatically (a) vest in each existing Lot
Owner the reallocated Allocated Interests appurtenant to each Owner's Lot; and (b) vest in each
existing Mortgagee a perfected Security Interest in the reallocated Allocated Interests appurtenant to
the encumbered Lot. Upon the recording of an amendment to this Declaration, the definitions in this
Declaration shall automatically be extended to encompass and to refer to the Real Estate, as
expanded. The Development Property, or any part thereof, shall be added to and become a part of the
Real Estate for all purposes. All conveyances of Lots after such expansion shall be effective to
transfer rights in all Common Elements as expanded, whether or not reference is made to any
amendment to this Declaration, subject to any restrictions on the use of the Common Elements as set
forth in the Amendment to this Declaration adding the Development Property, or any part thereof, to
the Real Estate. Reference to this Declaration in any instrument shall be deemed to include all
amendments to this Declaration without specific reference thereto.
Section 6: Maximum Number of Lots. The maximum number of Lots in the Common
Interest Community, as expanded, shall not exceed the number set forth in Article III, Section 6,
above. Declarant shall not be obligated to expand the Common Interest Community beyond the
number of Lots initially submitted to this Declaration.
Section 7: Construction Easement. Declarant expressly reserves the right to perform
construction work, store materials on Common Elements, and the future right to control such work
and the right of access thereto until its completion. All work may be performed by Declarant without
the consent or approval of any Lot Owner or Mortgagee. Declarant has such an easement through the
Common Elements as may be reasonably necessary for the purpose of discharging Declarant's
obligations and exercising Declarant's reserved rights in this Declaration. Such easement includes
the right to construct underground utility lines, pipes, wires, ducts, conduits, and other facilities
across the Real Estate for the purpose of furnishing utility and other services to the Development
Property. Declarant's reserved construction easement includes the right to grant easements to public,
quasi-public, or cooperative utility companies and to convey improvements within those easements.
Declarant further reserves the right to construct irrigation improvements within the Common
Elements and within any Utility or Access Easement.
Section 8: Reciprocal Easements. If all or any part of the Development Property is submitted
to but subsequently withdrawn from the Common Interest Community ("the Withdrawn Property"):
(i) the Lot Owner(s) of the Withdrawn Property shall have whatever easements are necessary or
desirable, if any, for access, utility service, repair, maintenance, and emergencies over and across the
Common Interest Community;. and (ii) the Lot Owner(s) in the Common Interest Community shall
have whatever easements are necessary or desirable, if any, for access, utility service, repair,
maintenance, and emergencies over and across the Withdrawn Property. Declarant shall prepare and
record in the office of the Clerk and Recorder of Weld County, Colorado, whatever documents are
necessary to evidence such easements. Such recorded easement(s) shall specify that the Lot Owners
of the Withdrawn Property and the Lot Owners in the Common Interest Community shall be
obligated to pay a proportionate share of the cost of the operation and maintenance of any easements
utilized by either one of them on the other's property upon such reasonable basis as the Declarant
shall establish in the easement(s). Preparation and recordation by Declarant of an easement pursuant
to this Section shall conclusively determine the existence, location, and extent of the reciprocal
easements that are necessary or desirable as contemplated by this Section.
Section 9: Termination of Expansion and Development Rights. The expansion and
development rights reserved to Declarant, for itself and its successors and assigns, shall expire
fifteen (15) years from the date of recording this Declaration in the office of the Clerk and Recorder
of Weld County, Colorado, unless the expansion and development rights are (i) extended as allowed
by law or (ii) reinstated or extended by the Association, subject to whatever terms, conditions, and
limitations the Executive Board may impose on the subsequent exercise of the expansion and
development rights by Declarant.
Section 10: Transfer of Expansion and Development Rights. Any expansion, development, or
withdrawal right created or reserved under this Article for the benefit of Declarant may be
transferred to any Person by an instrument describing the rights transferred and recorded in the
office of the Clerk and Recorder of Weld County, Colorado. Such instrument shall be executed by
the transferor Declarant and the transferee.
ARTICLE VII. ASSESSMENT FOR COMMON EXPENSES
.Section 1: Personal. Obligation of Owners for Common Expenses. The Declarant, for each
Lot owned, hereby covenants, and each Owner of any Lot by acceptance of a deed therefore,
whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay to the
Association Common Expense assessments imposed by the Association to meet the estimated
Common Expenses.
Section 2: Purpose of Assessment. The assessments levied by the Association shall be used
exclusively to promote the recreation, health, safety, and welfare of the Owners and for the
improvement and maintenance of the Common Elements.
Section 3: Amount of Assessment. The amount of the assessment for the estimated Common
Expenses which shall be paid by each Owner shall be determined by dividing the aggregate sum the
Association reasonably determines to be paid by all Owners by the total number of Lots within the
Common Interest Community, and the Owner of each Lot shall pay his proportionate share of such
aggregate sum.
Section 4: Maximum Annual Assessment. Until January 1 of the year immediately following
the date of commencement of annual assessments, the maximum annual assessment shall be Seven
Hundred Fifty Dollars ($750)per Lot.
(a) From and after January 1 of the year immediately following the date of
commencement of annual assessments, the maximum annual assessment may be increased effective
January of each year without a vote of the membership in conformance with the rise, if any, of the
Consumer Price Index for the Denver/Boulder region (published by the Department of Labor,
Washington, D.C.) for the preceding month of July.
(b) From and after January 1 of the year immediately following the date of
commencement of annual assessments, the maximum annual assessment may be increased above
that established by the Consumer Price Index formula by a vote of the Owners for the next
succeeding two (2) years, and at the end of each such period of two (2) years, for each succeeding
period of two (2) years, provided that any such change shall have the assent of two-thirds (2/3) of
the votes of the Owners who are voting in person or by proxy at a meeting duly called for this
purpose. The limitations hereof shall not apply to any change in the maximum and basis of the
assessments undertaken as an incident to a merger or consolidation in which the Association
participates.
(c) The Executive Board may fix the annual assessment at an amount not in excess of
the maximum.
Section 5: Special Assessments for Capital Improvements. In addition to the annual
assessments authorized above, the Association may levy, in any assessment year, a special
assessment applicable to that year only for the purpose of defraying, in whole or in part, payment of
any operating deficit and/or unbudgeted cost, the cost of any construction, reconstruction, repair, or
replacement of a capital improvement upon the Common Elements, including fixtures and personal
property related thereto, and the cost of any construction, reconstruction, repair, or replacement of
any street or road within the Common Interest Community; provided that any such Special
assessment shall have the assent of two-thirds (2/3) of the votes of the Owners who are voting in
person or by proxy at a meeting duly called for this purpose.
Section 6: Notice and Quorum for any Action Authorized Under Sections 4 and 5. Written
notice of any meeting called for the purpose of taking any action authorized under Section 4 or 5
shall be sent to all Owners not less than thirty (30) days nor more than sixty (60) days in advance of
the meeting. At the first such meeting called, the presence of Owners or of proxies entitled to cast
sixty percent (60%) of all the votes of the Owners shall constitute a quorum. If the required quorum
is not present, another meeting may be called, subject to the same notice requirement, and .the
required quorum at the subsequent meeting shall be one-half (1/2) of the required quorum at the
preceding meeting. No such subsequent meeting shall be held more than sixty (60) days following
the preceding meeting.
Section 7: Uniform Rate of Assessment. Both annual and special assessments must be fixed
at a uniform rate for all Lots and shall be collected on a monthly basis.
Section 8: Date of Commencement of Annual Assessments: Due Dates. The annual
assessments provided for herein shall commence as to all Lots on January 1 of the year following the
completion of the construction and installation of all streets and utilities within the Real Estate by the
Declarant. The Executive Board shall fix the amount of the annual assessment against each Lot at
least thirty (30) days in advance of each annual assessment period. Written notice of the annual
assessment shall be sent to every Owner subject thereto. Annual assessments shall be collected in
twelve(12) equal monthly installments.
Section 9: Exempt Property. The following property subject to the Declaration shall be
exempted from the assessments, charges, and liens created herein:
(a) All properties to the extent of any easement or other interest therein dedicated and
accepted by a municipal or quasi-municipal corporation or other local public utility or authority and
devoted to public use.
(b) All Common Elements.
Section 10: Record of Receipts and Expenditures. The Association shall keep detailed and
accurate records in chronological order of all of its receipts and expenditures, specifying and
itemizing the maintenance and repair of the Common Elements and any other expenses incurred.
Such records shall be available on request for examination by the Lot Owners and others with an
interest, such as prospective lenders.
Section 11: Notice to Security Interest. Upon the request of a holder of a First Security
Interest on a Lot, and upon payment of reasonable compensation therefore, the Association shall
report to such party any unpaid assessment or other defaults under the terms of this Declaration
which are not cured by the Lot Owner within thirty (30) days after written notice of default given by
the Association to the Lot Owner.
Section 12: Certificate of Status of Assessments. The Association, upon written request to
the Association, and upon payment of a reasonable fee, shall furnish to a Lot Owner or such Lot
Owner's designee, to a holder of a Security Interest or its designee, or to a closing agent handling the
closing of the sale or financing of the Owner's Lot a statement, in recordable form, setting out the
amount of the unpaid Common Expense assessments against the Lot. The statement must be
furnished within fourteen (14) business days after receipt of the request and is binding on the
Association, the Executive Board, and each Lot Owner. A properly executed certificate of the
Association as to the status of assessments on a Lot is binding upon the Association as of the date of
its issuance. Omission or failure to fix an assessment or deliver or mail a statement for any period
shall not be deemed a waiver, modification or release of a Lot Owner from his or her obligation to
pay the same.
Section 13: Common Expenses Attributable to Fewer than All Lots. The following Common
Expenses may be chargeable to fewer than all Lots:
(a) An assessment to pay a judgment against the Association may be made only
against the Lots in the Common Interest Community at the time the judgment was entered, in
proportion to their Common Expense Liabilities.
(b) If a Common Expense is caused by the misconduct of a Lot Owner, the members
of such Owner's family, or such Owner's guests, invitees, employees, agents, contractors,
subcontractors, or tenants, the. Association may assess that expense against that Lot Owner and such
Owner's Lot.
(c) Fees, charges, taxes, impositions, late charges, fines, collection costs, and interest
charged against a Lot Owner pursuant to the Documents and the Act are enforceable as Common
Expense assessments against such Owner's Lot.
ARTICLE VIII. LIEN FOR NONPAYMENT OF COMMON EXPENSES
Any assessment, charge, or fee provided for in this Declaration or any monthly or other
installment thereof which is not fully paid within ten (10) days after the. date due shall bear interest
at a rate determined by the Executive Board. In addition, the Executive Board may assess a late
charge thereon. Any Owner who fails to pay any assessment, charge, or fee of the Association shall
also be obligated to pay to the Association, on demand, all costs and expenses incurred by the
Association, including reasonable attorney's fees, in attempting to collect the delinquent amount. The
total amount due to the Association, including unpaid assessments fees, charges, fines, interest, late
payment penalties, costs, and attorney's fees, shall constitute a lien on the defaulting Owner's Lot as
provided in the Act. The Association may bring an action, at law or in equity, or both, against any
Owner personally obligated to pay any amount due to the Association or any monthly or other
installment thereof and may also proceed to foreclose its lien against such Owner's Lot. An action at
law or in equity by the Association against a delinquent Owner to recover a money judgment for
unpaid amounts due to the Association or monthly or other installments thereof may be commenced
and pursued by the Association without foreclosing or in any way waiving the Association's lien.
The Association's lien shall be superior to any homestead exemption now existing or hereafter
created by any state or federal law.
ARTICLE IX. COMMON ELEMENTS
Section 1: Description of Common Elements. The Common Elements within the Common
Interest Community shall consist of the following real property, easements, and such additional
Common Elements as may be conveyed to the Association in connection with any property which
may be added to the Common Interest Community pursuant to the terms of Article V hereinabove:
(a) Open Space. The Common Elements shall include the Outlot designated as Open
Space on the Plat.
(b) Access Easement. The Common Elements shall include, and the Declarant
hereby grants, bargains, sells, and conveys to the Association and to each Lot Owner, their heirs,
personal representatives, successors, assigns, and invitees, forever, and reserves unto itself, its
successors and assigns, a nonexclusive, perpetual easement sixty (60) feet in width over, across, and
upon the streets designated on the Plat. The Declarant further grants any governmental or quasi-
governmental entity having jurisdiction over the Common Interest Community a nonexclusive,
perpetual easement sixty (60) feet in width over, across, and upon the streets designated on the Plat
for routine and emergency access to the Lots and Open Spaces. The Declarant expressly reserves to
itself and its successors, assigns, and invitees the right to use the Access Easement and to grant and
convey the right to use the Access Easement to other Persons or entities. The Declarant shall
construct the streets within the Access Easement. Once constructed, the Association shall be
responsible for the maintenance, repair, renovation, and improvement of the streets, including, by
example and not limitation, snow removal. In the event any maintenance or repair of the streets is
necessitated by damage caused by a particular Owner or such Owner's invitees, including, by
example and not limitation, damage to the streets caused by trucks or other heavy equipment of any
contractor, agent, employee, or subcontractor of an Owner during the construction of a Residence on
the Owner's Lot, then the Association shall make the necessary repairs, but the cost thereof shall be
assessed as a special assessment against the Owner and the Owner's Lot who caused the damage or
whose contractors, agents, employees, subcontractors, or invitees caused the damage. Any special
assessment made in connection with the repair or maintenance of the streets shall be due and payable
ten (10) days after notice of the assessment is given to the Owner of the Lot subject to the
assessment.
(c) Utilities. The Common Elements shall include, and the Declarant hereby grants to
the Association, its successors and assigns, and reserves unto itself, its successors and assigns, a
nonexclusive, perpetual Utility Easement thirty (30) feet in width adjacent to all of the Access
Easements and twenty (20) feet in width adjacent to all rear Lot lines as shown on the Plat. The
Declarant and the Association shall have the right, at their sole and absolute discretion, to grant and
convey Utility Easements to any Person or entity for the installation, construction, maintenance, and
repair of utility pipes, conduits, wires, lines, systems, and facilities within the Utility Easement to
provide water, sewer, gas, electric, telephone, television, or other utility services to the Lots. Use of
the Utility Easement shall not be confined to present utility services available to the Common
Interest Community but may be expanded as additional utility services become available.
(d) Fence. Entrance Signs, and Gates. The Common Elements shall include, and
the Declarant hereby grants to the Association, its successors and assigns, and reserves unto itself, its
successors and assigns, the right to construct, install, maintain, repair, and improve (1) a fence along
all or a portion of the exterior boundary of the Common Interest Community, which fence may be
constructed within the Access and Utility Easement or any easement reserved by the Declarant or
granted to the Association on one or more Lots for such purpose; and (2) entrance signs and gates
identifying the Common Interest Community which may be installed within the Access and Utility
Easements or any easement reserved by the Declarant or granted to the Association on a Lot for such
purpose near the point at which the streets intersect public streets and roads.
(e) Miscellaneous Improvements. The Common Elements shall include all other
improvements installed by the Declarant or the Association within any Open Space, Access
Easement, Utility Easement, or other Common Element.
(1) Rules and Regulations. The Executive Board shall have the right to adopt
reasonable Rules and Regulations governing the use of all streets within the Common Interest
Community, provided that such Rules and Regulations apply to all Owners, their guests and invitees,
in a nondiscriminatory manner. Such Rules and Regulations may include establishing the maximum
speed limit for vehicles using the streets. The Executive Board shall have the right to assess fines for
violations of the Rules and Regulations.
Section 2: Owners' Easements of Enjoyment. Each Lot Owner shall have a right and
easement of enjoyment in and to the Common Elements, and such
easement shall be appurtenant to and shall pass with title to every Lot, subject to the following
provisions:
(a) The right of the Association to promulgate and publish reasonable Rules and
Regulations as provided in this Declaration.
(b) The right of the Association to suspend voting rights and the right to use the
Common Elements by an Owner for any period during which any assessment against his or her Lot
remains unpaid and for a period not to exceed sixty (60) days for any infraction of its published
Rules and Regulations; provided, however, that the Association may not prohibit access to any Lot.
(c) The right of the Declarant or the Association, acting through its Executive Board,
to dedicate or transfer any part of the Common Elements to any public, quasi-public, or cooperative
agency, authority, utility, or other entity.
(d) The right of the Association to close or limit use of the Common Elements while
maintaining, repairing, or making replacements in the Common Elements.
(e) The right of the Declarant to add all or any portion of the Development Property
to the Common Interest Community and, in connection therewith, to grant to the Owners of Lots
within the Development Property easements over and across the Common Elements.
(f) The right, but not the obligation, of the Declarant or the Association, acting
through its Executive Board, to construct, install, maintain, repair, and improve a gate at the
intersection of any street within the Common Interest Community and an adjacent public street or
road.
(g) The right of the Declarant and/or the Association to grant and convey an
easement to the City of Thornton within the Outlot for the Coal Bank Creek.
Section 3: Delegation of Use. A Lot Owner may delegate his or her right of enjoyment to the
Common Elements to the members of his or her family, guests, invitees, and tenants subject to the
terms and provisions of the Documents.
ARTICLE X. ARCHITECTURAL CONTROL
Section 1: Architectural Control Committee.
(a) Membership. The Architectural Control Committee shall consist of three (3)
persons. The members of the Architectural Control Committee shall be appointed by the Declarant.
At such time as the Declarant is no longer the Owner of one or more Lots within the Common
Interest Community (as may be expanded by the Declarant pursuant to the terms of Article V
hereinabove), then the members of the Architectural Control Committee shall be appointed by the
Executive Board from among the Owners.
(b) Purpose. The Architectural Control Committee is established for the purpose of
maintaining within the Common Interest Community a consistent and harmonious general character
of development and a style and nature of building design and visual appeal consistent with the
natural beauty and features of the Common Interest Community.
(c) Term. Each member of the Architectural Control Committee shall serve at the
pleasure of the person or entity appointing such member. In the event of the death or resignation of
any member of the Architectural Control Committee, the person or entity that appointed such
member shall appoint a successor.
(d) Decisions. All decisions of the Architectural Control Committee shall be by a
majority vote of those members of the Committee present at a meeting at which a quorum is present.
A majority of the members of the Architectural Control Committee shall constitute a quorum.
(e) Compensation. The members of the Architectural Control Committee shall not be
entitled to any compensation for services performed pursuant to this Declaration but shall be entitled
to reimbursement by the Association for all costs and expenses incurred in performing their duties
pursuant to this Declaration.
(1) Delegation. The Architectural Control Committee shall have the power to
delegate the responsibility for reviewing any application submitted to the Architectural Control
Committee to a professional architect, landscape architect, engineer, or other professional person
who is qualified to pass on the issues raised in the application. The Architectural Control Committee
shall also have the power to require that the applicant pay the fees reasonably incurred by the
Architectural Control Committee in retaining such professional to review the application submitted.
(g) Nonliabilitv. No member of the Architectural Control Committee shall be
liable to the Association or to any Owner or prospective Owner for any loss, damage, or injury
arising out of or in connection with the performance of the duties of the Architectural Control
Committee under this Declaration, unless such action constitutes willful misconduct or bad faith on
the part of the Architectural Control Committee. Review and consideration of any application
submitted to the Architectural Control Committee shall be pursuant to this Declaration, and any
approval granted shall not be considered approval of the structural safety or integrity of the
improvements to be constructed or conformance of such improvements with building codes, zoning
resolutions, subdivision regulations, or other governmental rules and regulations applicable to the
Common Interest Community.
Section 2: Control. No construction, alteration, addition, modification, exterior decoration,
exterior redecoration, or reconstruction of any building, fence, wall, structure, or other improvement
within the Common Interest Community shall be commenced or maintained until the plans and
specifications thereof shall have been approved by the Architectural Control Committee.
Section 3: Submission. Each application for approval shall include the following:
(a) Two (2) complete copies of a site plan of the Lot. The site plan shall show the
following information with a scale of one (1) inch on the plans for each forty (40) feet of actual
distance on the Lot:
(1) A building footprint with dimensions from front, rear, and side boundary lines
of the Lot.
(2) Driveways located or to be constructed on the Lot.
(3) Any existing structures on the Lot.
(4) Location of improvements with respect to utility lines and facilities.
(b) Two (2) complete sets of construction plans and specifications. Said plans and
specifications shall include the following minimum information:
(1) Floor plans of all levels of any Residence, which plans shall contain
sufficient detail to describe the elements of the floor plan design.
(2) Total square footage for each level of any Residence.
(3) Building elevations on all sides of the proposed structure containing sufficient
detail to determine roof form and material, window locations, siding material,
and door placements.
(4) A written description of the materials to be used in the roof and exterior walls
of the structure.
(5) The size, type, and material to be incorporated in any fencing to be located on
the Lot.
(6)The color of any paint, stain, or stucco to be applied to the improvements and
the color of the roofing material.
Section 4: Rules and Guidelines. The Architectural Control Committee may issue rules
setting forth procedures for the submission of plans for approval and may also issue guidelines
setting forth the criteria that the Architectural Control Committee will use in considering plans
submitted to it for approval.
Section 5: Review of Plans and Specifications. The Architectural Control Committee shall
consider and act upon any and all requests submitted for its approval. The Architectural Control
Committee shall approve plans and specifications submitted to it only if it determines that the
construction, alteration, or additions contemplated thereby, and in the location as indicated, will
comply with this Declaration, will serve to preserve and enhance the values of Lots within the
Common Interest Community, and will maintain a harmonious relationship among structures,
vegetation, topography, and the overall development of the Common Interest Community. The
Architectural Control Committee shall consider the quality of workmanship, type of materials, and
harmony of exterior design with other Residences located within the Common Interest Community.
Should the Architectural Control Committee fail to approve or disapprove the plans and
specifications submitted to it by an Owner of a Lot within thirty (30) days after complete submission
of all required documents, then such approval shall not be required; provided, however, that no
building or other structure shall be erected or allowed to remain on any Lot which violates any of the
covenants or restrictions contained in this Declaration. The issuance of a building permit or license
for the construction of improvements inconsistent with this Declaration shall not prevent the
Association or any Owner from enforcing the provisions of this Declaration. Approval by the
Architectural Control Committee shall be in writing or by endorsement on the plans.
Section 6: No Waiver of Future Approval. The approval by the Architectural Control
Committee of any proposal or plans and specifications for any work to be done on a Lot shall not be
deemed to constitute a waiver of any right to withhold approval or consent to any similar proposals,
plans, specifications, drawings, or other matter subsequently or additionally submitted for approval
by the same Owner or by another Owner.
Section 7: Land Use and Building Type. No building or other structure shall be erected,
altered, placed, or permitted to remain on any Lot other than one (1) single-family, site-built
Residence per Lot, with attached garage for a minimum of two (2) automobiles; outbuildings as
hereinafter described; and such other structures as may be approved by the Architectural Control
Committee.
Section 8: Residence Size. No Residence shall be erected, altered, or permitted to remain on
any Lot, of the Common Interest Community unless the ground floor area thereof; exclusive of
basements, open porches, and garages, is not less than two thousand (2,000) square feet for a single-
story Residence and a total of twenty-three hundred (2,300) square feet for a multi-level Residence.
The square footage of basements, walk-outs, and garden levels shall not be included in determining
the square footage of a multi-level Residence. For purposes of this provision, the terms "basement,"
"walk-out," and "garden level" shall mean any level, a portion of which is constructed below the
ground elevation.
Section 9: Garages. Each Residence shall include a minimum of an attached, two (2) car
garage. "Two (2) car garage" shall mean that Two (2) motor vehicles may be parked side-by-side in
the garage. The garage may have two (2) standard-size, single car garage doors or one (1) standard-
size, single-car garage door and one (1) standard-size, double-car garage door. Tandem garages in
which motor vehicles are parked one behind another shall not be deemed to satisfy the requirement
of a two (2) car garage even though the tandem garage may be capable of accommodating two (2)
motor vehicles. Larger garages shall be permitted if approved by the Architectural Control
Committee. If an Owner desires an additional detached garage, it may be permitted if approved by
the Architectural Control Committee. A detached garage must match the Residence in style, color,
and design. The Architectural Control Committee will consider location in reviewing plans for a
detached garage.
Section 10: Roof. Roof material shall be cedar shake; tile; wood fiber cement shingles;
"Heritage Premium" shingles manufactured by Tamko Roofing Products, Inc.; "Prestige Plus"
shingles manufactured by Elk Corporation; "Oakridge Shadow" shingles manufactured by Owens
Coming Corporation; or roofing materials comparable to the "Heritage Premium" shingles, "Prestige
Plus" shingles, or "Oakridge Shadows" shingles in design, style, and quality as may be approved by
the Architectural Control Committee.
Section 11: Siding. All exteriors shall be brick, masonry, stucco, or top grade synthetic
stucco or hardwood siding approved by the Architectural Control Committee. Brick or other
masonry, if used, shall wrap around the front corners of the Residence a minimum of four (4) feet.
Synthetic stucco siding may only be installed with adequate backing and in strict conformance to the
manufacturer's recommendations and specifications. No log homes shall be permitted.
Section 12: Color. All Residences and other structures constructed on any Lot shall be white
or earth-tone in color as approved by the Architectural Control Committee.
Section 13: Building Height. No Residence or other structure constructed upon any Lot shall
exceed thirty-five (35) feet in height from the top of the main floor foundation of such Residence or
structure to the highest point on the Residence or structure. The Architectural Control Committee
may grant relief from the provisions of this section for good cause shown.
Section 14: Outbuildings. Outbuildings, such as hay barns, stables, and corrals, shall be
permitted subject to Architectural Control Committee approval and the following guidelines:
(a) No outbuilding shall exceed two thousand five hundred (2,500) square feet in
size, unless approved by the Architectural Control Committee.
(b) All outbuildings shall be substantially the same style, color, and design as, or a
complementary style, color, and design to, the Residence constructed on the Lot. Metal buildings
may be permitted with Architectural Control Committee approval.
(c) If more than one outbuilding is constructed, all outbuildings shall be of the same
general color and design scheme.
(d) The Architectural Control Committee may consider the proposed location of
outbuildings in deciding whether to approve outbuildings and may require landscape screening or
masking. Without limiting the generality of the foregoing, no outbuilding shall be constructed so that
the closest part of the outbuilding is closer to an internal street than the furthest point of the
Residence is to the street. The Architectural Control Committee may grant relief from this provision
for outbuildings proposed on corner Lots.
Section 15: Driveways. All driveways shall be constructed of asphalt or concrete pavement
or other hard surfacing approved by the Architectural Control Committee. The Owner of each Lot
shall install a culvert at the entrance to the Owner's driveway. Driveway culverts shall meet all Weld
County size and quality standards and be double-walled black corrugated polyethylene pipe with
flared end sections of a quality equal to or better than "N-12" pipe manufactured by Advanced
Drainage Systems.
Section 16: Building Location. Except as otherwise provided in this section, no Residence or
other structure shall be constructed or placed upon any Lot nearer to the front Lot line, side Lot line,
or rear Lot line than the following minimum setback requirements:
(a) Front Lot Line: No building shall be located on any Lot nearer than fifty(50) feet
from the front Lot line.
(b) Side Lot Line: No buildings shall be located on any Lot nearer than twenty-five
(25) feet to the side Lot line.
(c) Rear Lot Line: No building shall be located on any Lot nearer than twenty-five
(25) feet to the rear Lot line. .
For purposes of this section, building corners, eaves, steps, open porches (roofed or not
roofed), or other components of a building shall be considered as part of the building. The
Architectural Control Committee or the Executive Board of the Association reserves the right to
designate which streets are front streets and which property lines are front Lot lines, side Lot lines,
and rear Lot lines. Any "reverse corner Lots" (i.e., those Lots having streets on two [2] sides of the
Lot) shall be required to satisfy the front Lot line setback requirements set forth above on both sides
of the Lot abutting such streets regardless of which direction the building thereon faces. The
Architectural Control Committee may grant relief from the provisions of this Section for good cause
shown. Notwithstanding the foregoing setback requirements, no building or other structure, except
fences, shall be constructed, installed, or permitted to remain within any easement.
Section 17: Sight Distance at Intersections. No fence, wall, hedge, or shrub planting which
obstructs sight lines at elevations less than six (6) feet above the street shall be placed or permitted to
remain on any corner Lot unless it is placed at least seventy-five (75) feet from the centerline of both
streets. No tree or obstruction. shall be permitted to remain on a corner Lot unless the foliage line is
maintained to sufficient height to prevent obstruction of sight lines.
Section 18: Construction. Construction of a Residence or other structure approved by the
Architectural Control Committee shall commence within nine (9) months after approval of the plans
and specifications, and the Owner shall thereafter proceed diligently with such construction. The
exterior of any such structure shall be completed within six (6) months of the date of commencement
of construction. The Architectural Control Committee may grant an extension of the foregoing time
periods for good cause and when such extension is requested by the Owner. Each Owner shall
provide portable toilet facilities and trash dumpster during construction of the Residence on such
Owner's Lot.
Section 19: Fences. Any fence to be constructed on a Lot must be approved by the
Architectural Control Committee. If the Owner of a Lot desires: (a) to fence any portion of the
perimeter boundary of his or her Lot; or(b) to fence any portion of his or her Lot within one hundred
(100) feet of the front property line; or (c) fence any portion of his or her Lot within one hundred
(100) feet of a side property line where it abuts an internal street, then the fence shall be a white,
three-rail PVC fence the same as that constructed by the Declarant along the front boundary of the
individual lots. An Owner may construct a privacy fence around a patio, deck, garden, or other
enclosed area, provided that the enclosed area does not exceed three thousand (3,000) square feet.
All privacy fences shall be constructed of wood, masonry, or other materials approved by the
Architectural Control Committee. No privacy fence may be constructed within twenty-five (25) feet
of the side Lot line. No privacy fence of any kind may be constructed nearer the front Lot line than
the midpoint of the side of the Residence constructed on the Lot. An Owner may construct a kennel
and dog run on the Lot, which dog run may be constructed of chain link fence, provided that the dog
run is partially screened from view from other Lots or adjacent streets by a privacy fence or
landscaping approved by the Architectural Control Committee. Interior fencing for the containment
of horses or permitted livestock may be constructed using PVC rail fencing, or other types of fencing
as may be approved by the Architectural Control Committee. In no event shall barbed wire or metal
t-posts be utilized. Wildlife-friendly fencing is encouraged, particularly at the rear of Lots.
Section 20: Landscaping. Each Lot shall be fully landscaped within twelve (12) months after
the issuance of a certificate of occupancy for a Residence on the Lot. Native grasses shall be a
permissible form of landscaping.
Section 21: Signs. No sign of any character shall be displayed or placed upon any Lot, with
the following exceptions: (a) one (1) sign per Lot of not more than six (6) square feet in total area
advertising a Lot for sale shall be permitted on any Lot; (b) the Declarant or the Association shall
have the right to place a permanent sign at each entrance to the Common Interest Community
identifying the development; (c) until such time as the Declarant is no longer the Owner of a Lot, the
Declarant or its agents shall have the right to place one or more signs on the Common Interest
Community, without limitation of size, offering Lots within the Common Interest Community for
sale; and (d) additional signs may be permitted if approved by the Architectural Control Committee.
Section 22: Clotheslines. Only retractable clotheslines may be installed on a Lot.
Section 23: Antennas. No antenna or other device for the transmission or reception of
television or radio signals or any other form of electromagnetic radiation, including, by example and
not limitation, satellite dishes, shall be erected, used, or maintained outdoors on any Lot, whether
attached to a building or structure or otherwise, unless approved by the Architectural Control
Committee. Antennae exceeding the height of the Residence shall not be permitted.
Section 24: Storage Tanks and Containers. No elevated tanks of any kind shall be erected,
placed, or permitted to remain on any Lot unless such tanks are screened from view from other Lots
and from the streets by fencing or landscaping in a manner approved by the Architectural Control
Committee. All air conditioning, refrigeration, cooling, heating, or other mechanical equipment or
system which is located outside of a Residence or other structure on a Lot shall be screened from
view from other Lots and from the streets by fencing or landscaping approved by the Architectural
Control Committee. Window air-conditioning units and swamp coolers shall not be permitted.
Section 25: Damage or Destruction of Improvements. In the event any Residence or other
structure constructed on a Lot is damaged, either in whole or in part, by fire or other casualty, said
Residence or other structure shall be promptly rebuilt or remodeled to comply with this Declaration;
or in the alternative, if the Residence or other structure is not to be rebuilt, all remaining portions of
the damaged structure, including the foundation and all debris, shall be promptly removed from the
Lot, and the Lot shall be restored to its natural condition existing prior to the construction of the
Residence or other structure.
ARTICLE XI. USE RESTRICTIONS
Section 1: Trash Collection. The Association, acting through its Executive Board, shall have
the right to require that any trash collection within the Common Interest Community be performed
by one company and that trash be collected from all Lots by such company on the same day of each
week. The Executive Board shall select the trash company based on competitive bids. The cost of
trash collection shall be paid by each Owner directly to the trash collection company, and the
Association shall not have the duty to assess the cost of trash collection as a Common Expense.
Nothing herein contained shall be construed to prohibit an Owner from personally disposing of trash
from his Lot. This section shall not apply to a contractor during the construction of a Residence or
other improvements on a Lot. The contractor may dispose of trash, rubbish, debris, and other
construction materials from the Lot either personally or by contracting with a trash collection
company. The trash collection company may remove trash, rubbish, debris, and other construction
materials from the Lot during the construction of the Residence as often as the contractor deems
appropriate. All dumpsters shall have lid tie-downs to protect them from animals.
Section 2: Mineral Extraction. No mining or extraction of oil, gas, gravel, or other minerals
shall be permitted on any Lot.
Section 3: Resubdivision. No Lot maybe further subdivided without the approval of the
Architectural Control Committee. This provision shall not be construed to prohibit or prevent the
dedication or conveyance of any portion of a Lot as an easement for public utilities.
Section 4: Restrictions on Leasing. No Lot Owner shall lease his or her Residence to any
group of people other than a "single family" as defined in Article II hereinabove nor shall any lease
be for a period of less than thirty (30) days. All such leases shall be in writing and shall contain a
covenant by the tenant or tenants that their use and occupancy of the Residence pursuant to the terms
of the lease are subject to the terms and conditions set forth in this Declaration and that such tenant
will abide by the terms contained herein as well as all Rules and Regulations promulgated by the
Association.
Section 5: Household Pets. Dogs, cats, or other household pets, as the same may be defined
and determined by the Association, may be kept on a Lot, provided the same are not boarded, kept,
bred, or maintained for any commercial purposes. No more than three (3) dogs and no more than a
total of four (4) adult dogs and adult cats may be kept on any Lot (one dog and three cats; or two
dogs and two cats; or three dogs and one cat; or four cats). Dogs and cats shall not be considered
adults until they are six (6) months old. Household pets shall be subject to all Rules and Regulations
adopted by the Association and all governmental ordinances or laws applicable to the Common
Interest Community. Dogs shall at all times be confined by fence, leash, or under voice command.
Each Owner of a pet shall be responsible for the prompt clean up and removal of such pet's
excrement from his or her Lot.
Section 6: Livestock. Livestock is permitted subject to the following conditions:
(a) Horses. A maximum of six (6) horses shall be permitted to be maintained on a
Lot.
(b) 4-H Animals. A maximum of three (3) 4-H-type animals shall be permitted to be
maintained on a Lot. 4-H-type animals shall include cows, sheep, goats, alpacas, llamas and similar
animals. Hogs and fowl, such as chickens, turkeys, emus, or ostriches, shall not be permitted.
(c) Total Animals. If fewer than six (6) horses are maintained on a Lot, additional 4-
H-type animals may be maintained, but in no event shall there be more than six (6) horses, or six (6)
4-H-type animals, or nine (9) total animals.
(d) Offspring. Any off-spring of the foregoing will not be considered in determining
the total number of animals on a Lot until such off-spring attains one (I) year of age.
(e) Grazing. No Lot shall be overgrazed, and the character of the Lot shall not be
changed by the grazing of animals and livestock. "Overgrazing," as used herein, is the continued
heavy grazing during active growth that is both severe and frequent which exceeds the recovery
capacity of the plant community and creates a deteriorated range. Grazing shall be limited to an
intensity level that will maintain enough cover to protect the soil and maintain or improve the quality
and quantity of desirable vegetation.
(f) Commercial Activity. No animals may be boarded, kept,bred, used, or maintained
on any Lot for any commercial purpose, including, by example and not limitation, horseback riding
lessons.
Section 7: Use of Common Elements. All use of the Common Elements shall be subject to
and governed by the Rules and Regulations adopted by the Association. No damage or waste shall
be committed to the Common Elements by Lot Owners, their families, tenants, guests, and invitees.
Section 8: Occupancy of Lot. In addition to any other restrictions imposed upon Lot Owners
with regard to the completion of a Residence and notwithstanding the issuance of a temporary or
permanent certificate of occupancy for the Residence by the appropriate governmental entity, no
Residence shall be occupied until all buildings, fences, walls, structures, and other improvements as
are set forth in the plans and specifications submitted to and approved by the Architectural Control
Committee shall first be constructed and installed, including, but not limited to, the rough grading of
the Lot and the installation of driveways and sidewalks thereon.
Section 9: General Prohibition. No use shall be made of an Owner's Lot which will in any
manner violate the statutes or rules and regulations of any governmental authority having
jurisdiction over the use of said Owner's Lot.
Section 10: Maintenance of Lots and Improvements. Owners of Lots shall keep or cause to
be kept all buildings, fences, and other structures and all landscaping located on their Lot in good
repair. Rubbish, refuse, garbage, and other solid, semi-solid, and liquid waste shall be kept within
sealed containers, shall not be allowed to accumulate on any Lot, and shall be disposed of in a
sanitary manner. No Lot shall be used or maintained as a dumping ground for such materials. All
containers shall be kept in a neat, clean, and sanitary condition and shall be stored inside a garage or
other approved structure. No trash, litter, or junk shall be permitted to remain exposed upon any Lot
and visible from adjacent streets or other Lots. Burning of trash on any Lot shall be prohibited. No
lumber or other building materials shall be stored or permitted to remain on any Lot unless screened
from view from other Lots and from the streets, except for reasonable storage during construction.
Section 11: Nuisance. Nothing shall be done or permitted on any Lot which is or may
become a nuisance. No obnoxious or offensive activities or commercial businesses or trades shall be
conducted on any Lot, except home occupations as defined and permitted by the applicable zoning
resolution of the governmental entity having jurisdiction over the Common Interest Community. In
addition to any restrictions imposed upon Lot Owners by the County of Weld with regard to home
occupations or businesses, no Owner shall conduct any business activity or home occupation upon
his or her Lot which shall involve the sale or storage of merchandise upon the Lot, the delivery of
merchandise or materials to the Lot by commercial vehicles more often than once a month, or the
use of more than fifteen percent (15%) of the space within a Residence for such business or home
occupation. Notwithstanding the foregoing, the Architectural Control Committee shall have the right
to authorize prohibited- business activities or home occupations upon any Lot, provided that it shall
first determine that such home occupation or business shall not unreasonably interfere with the use
and enjoyment of the Common Interest Community by other Lot Owners and provided further that
the Owner conducting such business activities or home occupation agrees to such reasonable Rules
and Regulations as may be imposed upon him or her by the Architectural Control Committee.
Section 12: Temporary Structures. No structure of a temporary character, including, by
example and not limitation, trailers, converted trailers, shacks, basements, tents, garages, or
accessory buildings, shall be used on any Lot as a Residence, temporarily or permanently.
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Section 13: Restriction of Use. No motor-driven, engine-powered, or other mechanically
propelled vehicle, including, by example and not limitation, automobiles, trucks, motorcycles, all-
terrain vehicles, and snowmobiles, may be used or operated within or upon any of the Open Spaces,
except in the event of an emergency or by the Association for maintenance purposes.
Section 14: Storage of Vehicles. Boats; campers, snowmobiles, all-terrain vehicles, trailers,
machines, tractors, semi-tractors, tractor trailers, trucks (except standard pickup trucks), and
inoperative automobiles shall not be stored, parked, or permitted to remain on any street, Lot, or
Common Element, except within fully-enclosed garages or within fully-screened, fenced areas
approved by the Architectural Control Committee. For purposes of this provision, any disassembled
or partially disassembled car or other vehicle or any car or other vehicle which has not been moved
under its own power for more than one (1) week shall be considered an inoperative automobile
subject to the terms of this Section. Notwithstanding the foregoing, horse trailers, fifth-wheel
campers, motor homes, and recreational vehicles may be parked in an orderly manner adjacent to a
structure on the Lot.
Section 15: Discharge of Weapons. No person shall discharge, fire, or shoot any gun, pistol,
crossbow, bow and arrow, slingshot, or other firearm or weapon whatsoever, including BB guns and
pellet guns, within the Common Interest Community. Notwithstanding the foregoing, the discharge
of firearms or weapons by any member of any law enforcement agency in the course of such
member's official duty shall not be deemed a violation of this provision.
Section 16: Disturbing the Peace. No person shall disturb, tend to disturb, or aid in disturbing
the peace of others by violent, tumultuous, offensive, disorderly, or obstreperous conduct, and nG
Owner shall knowingly permit such conduct upon any Lot owned by such Owner.
ARTICLE XII. DRAINAGE
Section 1: Acknowledgement. The soils within the state of Colorado consist of both
expansive soils and low-density soils which will adversely affect the integrity of the Residence if the
Residence and the Lot on which it is constructed are not .properly maintained. Expansive soils
contain clay minerals which have the characteristic of changing volume with the addition or
subtraction of moisture, thereby resulting in swelling and/ or shrinking soils. The addition of
moisture to low-density soils causes a realignment of soil grains, thereby resulting in consolidation
and/or collapse of the soils.
Section 2: Moisture: Each Owner of a Lot shall use his or her best efforts to assure. That the
moisture content of those soils supporting the foundation and the concrete slabs forming a part of the
Residence constructed thereon remain stable and shall not introduce excessive water into the soils
surrounding the Residence.
Section 3: Water Flow. The Owner of a Lot shall not impede or hinder in any way the water
falling on the Lot from reaching the drainage courses established for the Lot and the Common
Interest Community.
Section 4: Action by Owner. To accomplish the foregoing, each Owner of a Lot covenants
and agrees, among other things:
. (a) Not to install improvements, including, but not limited to, landscaping, items
related to landscaping, walls, walks, driveways, parking pads, patios, fences, additions to the
Residence, outbuildings, or any other item or improvement which will change the grading of the Lot.
The installation of such improvements is acceptable so long as the manner of installation is
consistent with, and does not change, the grading and drainage patterns of the Lot.
(b) To fill with additional soil any back-filled areas adjacent to the foundation of the
Residence and in or about the utility trenches on the Lot in which settling occurs to the extent
necessary from time to time to maintain the grading and drainage patterns of the Lot.
(c) Not to water the lawn or other landscaping on the Lot
excessively.
(d) Not to plant flower beds (especially annuals) and vegetable gardens adjacent to or
within three (3) feet of the foundation and slabs of the Residence.
(e) If evergreen shrubbery and grass is used within five (5) feet of the foundation
walls, to water the shrubbery and grass by controlled hand watering and to avoid excessive watering.
(0 To minimize or eliminate the installation of piping and heads
for sprinkler systems within five(5) feet of foundation walls and slabs.
(g) To install any gravel beds in a manner which will assure that water will not pond
in the gravel areas, whether due to non-perforated edging or due to installation of the base of the
gravel bed at a lever lower than the adjacent lawn.
(h)To install a moisture barrier(such as polyethylene)under any gravel beds.
(i) To maintain the gutters and downspouts which discharge water into extensions or
splash blocks by assuring that (i) the gutters and downspouts remain free and clear of all obstructions
and debris; (ii) the water that flows from the extension or the splash block is allowed to flow rapidly
away from the foundation and/or slabs; and (iii) the splash blocks are maintained under sill cocks.
(j) To re-caulk construction joints opening up between portions of the exterior slabs
and garage slabs in order to thereby seal out moisture.
Section 5: Disclaimer. The Declarant shall not be liable for any loss or damage to the
Residence, any outbuilding, concrete slab, driveway, sidewalk, or other improvement on any Lot
caused by, resulting from, or in any way connected with soil conditions on any Lot.
ARTICLE XIII. SURROUNDING AGRICULTURAL USES AND WILDLIFE
Section 1: Right to Farm. The rural land surrounding W.B. Farms Estates is intensively used
for agriculture, and Owners of Lots within the Common Interest Community must recognize that
there are agricultural practices ongoing and which will continue in the agricultural land surrounding
the Common Interest Community. Agricultural users of the land should not be expected to change
their long-established agricultural practices in order to accommodate the intrusions of urban users
into their area. Well-run agricultural activities will generate off-site impacts, including noise from
tractors and equipment; dust from animal pens, field work, harvest, and dirt roads; odor from animal
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confinement, silage, and manure; smoke from ditch burning; flies and mosquitoes; the use of
pesticides and fertilizers in the fields, including the use of aerial spraying. Ditches and reservoirs
cannot simply be moved "out of the way" of residential development without threatening the
efficient delivery of irrigation to fields which is essential to farm production. The rural nature of the
Common Interest Community is such that law enforcement response time will be slower than in an
urbanized area. Fire protection is provided by volunteers who must leave their jobs and families to
respond to emergencies. Children are exposed to different hazards in rural areas than in urban
settings. Farm equipment, oil field equipment, ponds, irrigation ditches, electrical pumps, sprinkler
systems, high-speed traffic, sand burs, puncture vines, territorial farm dogs, and livestock present
real threats to children. Controlling children's activities is important, not only for their safety, but
also for the protection of the surrounding agricultural interests.
Section 2: Wildlife. The Common Interest Community is located in a rural setting where
wildlife such as raccoons, skunks, coyotes, deer, and mosquitoes abound and can at times be a
nuisance. Deer and antelope may eat grass or hay in the field or which has been stored. The
Colorado Division of Wildlife will not be responsible for compensation for loss of grass, hay, or
other crops due to wildlife. Geese are attracted to bluegrass, and Owners should consider limiting the
amount of bluegrass planted. For the protection of wildlife during the hatching period, no access is
permitted to the Outlot (wetland area) from April 1 through July 15 of each year.
ARTICLE XIV. MORTGAGEE PROTECTION
Section 1: Introduction. Tis Article establishes certain standards and covenants which are for
the benefit of the holders, insurers, and guarantors of certain Security Interests. This Article is
supplemental to, and not in substitution for, any other provisions' of the Declaration, but in the case
of conflict, this Article shall control.
Section 2: Notice of Actions. The Association shall give prompt written notice to each
Mortgagee and Insurer of(and each Lot Owner hereby consents to and authorizes such notice):
(a) Any condemnation loss or any casualty loss which affects a material portion of
the Common Interest Community or any Lot in which there is a First Security Interest held, insured,
or guaranteed by such Mortgagee or Insurer, as applicable.
(b) Any delinquency in the payment of Common Expense assessments owed by a Lot
Owner whose Lot is subject to a First Security Interest held, insured, or guaranteed by such
Mortgagee or Insurer, as applicable, which remains uncured for a period of sixty (60) days.
(c) Any lapse, cancellation, or material modification of any insurance policy or
fidelity bond maintained by the Association.
(d)Any proposed action which would require the consent of a specified percentage of
Mortgagees as specified in Section 4 of this Article.
(e) Any judgment rendered against the Association.
Section 3: Consent and Notice Required.
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(a) Document Changes. Notwithstanding any requirement permitted by this
Declaration or the Act, no amendment of any provision of this Declaration pertaining to the matters
hereinafter listed by the Association or Lot Owners shall be effective without notice to all
Mortgagees and Insurers, and the vote of at least sixty-seven percent (67%) of the Lot Owners (or
any greater Lot Owner vote required in this Declaration or the Act) and until approved by at least
fifty-one percent (51%) of the Mortgagees (or any greater Mortgagee approval required by this
Declaration). The foregoing approval requirements do not apply to amendments effected by the
exercise of any Special Declarant Rights, Additional Reserved Rights, or Development Right set
forth in Articles V and VI of this Declaration:
(1) Voting rights.
(2) Assessments, assessment liens, or priority of assessment liens.
(3) Reserves for maintenance, repair, and replacement of Common Elements.
(4) Responsibility for maintenance and repairs.
(5) Redefinitions of boundaries of Lots, except that when boundaries of only
adjoining Lots are involved or a Lot is being subdivided, then only those Lot
Owners and the Mortgagees holding Security Interests in such Lot or Lots
must approve them.
(6) Convertibility of Lots into Common Elements or Common Elements into Lots.
(7) Expansion or contraction of the Common Interest Community or the addition,
annexation, or withdrawal of property to or from the Common Interest
Community, except expansion or contraction by exercise of Development
Rights pursuant to Article VI of this Declaration.
(8) Insurance or fidelity bonds.
(9) Leasing of Lots.
(1O) Imposition of any restrictions on a Lot Owner's right to sell or transfer his
Lot.
(11) A decision by the Association to establish self-management when
professional management had been required previously by any Mortgagee.
(12) A decision by the Association not to restore or repair the Common Elements
after a hazard damage or partial condemnation.
(13) Termination of the Common Interest Community after occurrence of
substantial destruction or condemnation of the Common Elements.
(14) Any provision that expressly benefits mortgage holders, insurers, or
guarantors.
(b) Actions. Notwithstanding any lower requirement permitted by this Declaration or
the Act, the Association may not take any of the following actions, other than rights reserved to the
Declarant as Special Declarant Rights, Additional Reserved Rights, or Development Rights set forth
in Articles V and VI of this Declaration, without the notice to all Mortgagees and Insurers as
required by Section 2 above and approval of at least fifty-one percent (51%) (or the indicated
percentage) of the Mortgagees:
(1) Convey or encumber the Common Elements or any portion thereof without
approval by eighty percent (80%) of the Mortgagees. (The granting of easements for public utilities
or for other public purposes consistent with the intended use of the Common Elements by the
Common Interest Community will not be deemed a transfer within the meaning of this clause.)
(2) The termination of the Common Interest Community for reasons other than
substantial destruction or condemnation of the Common Elements without approval by sixty-seven
percent (67%) of the votes of Mortgagees.
(3) The granting of any permits, easements, leases, licenses, or concessions
through or over the Common Elements (excluding, however, any utility, road, or other easements
serving or necessary to serve the Common Interest Community and excluding any leases, licenses, or
concessions for no more than one [1] year).
(4) The establishment of self-management when professional management had
been required previously by a Mortgagee.
(5) A decision by the Association not to restore or repair the Common Elements
after a hazard damage or partial condemnation.
(6) The merger of the Common Interest Community with any other common
interest community.
(7) The assignment of the future .income of the Association, including its right to
receive Common Expense assessments.
c) The Association may not change the period for collection of regularly budgeted
Common Expense assessments to other than monthly without the consent of all Mortgagees.
(d) The failure of a Mortgagee or Insurer to respond within thirty (30) days to any
written request of the Association delivered by certified or registered mail, return receipt requested,
for approval of an addition or amendment to the Declaration wherever Mortgagee or Insurer
approval is required shall constitute an implied approval of the addition or amendment.
Section 4: Inspection of Books. The Association shall maintain current copies of the
Declaration, Bylaws, Rules and Regulations, books and records, and financial statements;' , The
Association- shall permit any Mortgagee or Insurer to inspect the books and records of the
Association during normal business hours.
Section 5: Financial Statements. The Association shall provide any Mortgagee or Insurer
who submits a written request a copy of an annual financial statement within ninety (90) days
following the end of each fiscal year of the Association. Such financial statement shall be audited by
an independent certified public accountant if:
(a) The Common Interest Community contains fifty (50) or more Lots, in which case
the cost of the audit shall be a Common Expense; or
(b) Any Mortgagee or Insurer requests it, in which case the Mortgage or Insurer shall
bear the cost of the audit.
Section 6: Enforcement. The provisions of this Article are for the benefit of Mortgagees and
Insurers and their successors and may be enforced by any of them by any available means at law or
in equity.
Section 7: Attendance at Meetings. Any representative of a Mortgagee or Insurer may attend
and address any meeting which an Owner may attend.
Section 8: Appointment of Trustee. In the event of damage, destruction, or condemnation of
all or a portion of the Common Elements, any Mortgagee may require that such proceeds be payable
to a trustee. Such trustee may be required to be a corporate trustee licensed by the State of Colorado.
Proceeds will thereafter be distributed pursuant to the Act or pursuant to a condemnation award.
Unless otherwise required, the members of the Executive Board, acting by majority vote through the
president, may act as trustee.
Section 9: Payment of Delinquent Fees. Mortgagees may,jointly or singly, pay taxes or other
charges which are in default and which may or have become a charge against the Common Elements
and may pay overdue premiums on hazard insurance policies or secure new hazard insurance on the
lapse of such a policy for such Association property, and Mortgagees making such payments shall be
owed immediate reimbursement therefor from the Association.
ARTICLE XVI. GENERAL PROVISIONS
Section 1: Enforcement. Enforcement of this Declaration shall be by appropriate proceedings
at law or in equity against those persons or entities violating or attempting to violate any covenant,
condition, or restriction herein contained. Such judicial proceeding shall be for the purpose of
removing a violation, restraining a future violation, for recovery of damages for any violation, or for
such other and further relief as may be available. Such judicial proceedings may be prosecuted by an
Owner, by the Architectural Control Committee, or by the Association. In the event it becomes
necessary to commence an action to enforce this Declaration, the court shall award to the prevailing
party in such litigation, in addition to such damages as the Court may deem just and proper, an
amount equal to the costs and reasonable attorney's fees incurred by the prevailing party in
connection with such litigation. The failure to enforce or to cause the abatement of any violation of
this Declaration shall not preclude or prevent the enforcement thereof or of a further or continued
violation, whether such violation shall be of the same or of a different provision of this Declaration.
Section 2: Duration. This Declaration shall run with the land, shall be binding upon all
persons owning Lots and any persons hereafter acquiring said Lots, and shall be in effect in
perpetuity unless amended or terminated as provided in the Act.
Section 3: Amendment. Except as otherwise provided in this Declaration, this Declaration
may be altered or amended at any time the then record Owners of sixty-seven percent (67%) or more
of the Lots so elect through a duly written and recorded instrument; provided, however, that
provisions of this Declaration granting access to each Lot from a public street, road, or highway may
not be amended without the consent of all Owners and all Mortgagees, and provisions of this
Declaration pertaining to the maintenance of streets may not be amended without the consent of the
County of Weld.
Section 4: Captions. The captions contained in the Documents are inserted only as a matter
of convenience and for reference, and in no way define, limit, or describe the scope of the
Documents or the intent of any provision thereof.
Section 5: Gender. The use of the masculine gender refers to the feminine gender, and vice
versa, and the use of the singular includes the plural, and vice versa, whenever the context of the
Documents so require.
Section 6: Waiver. No provision contained in the Documents is abrogated or waived by
reason of any failure to enforce the same, irrespective of the number of violations or breaches which
may occur. ..
Section 7: Invalidity. The invalidity of any provision of the Documents does not impair or
affecting any manner the validity, enforceability, or effect of the remainder, and if a provision is
declared invalid by judgment or court order, all of the other provisions of the Documents shall
continue in full force and effect.
Section 8: Conflict. The Documents are intended to comply with the requirements of the Act.
If there is any conflict between the Documents and the provisions of the Act, the provisions of the
Act shall control. In the event of any conflict between this Declaration and any other Document, this
Declaration shall control.
IN WITNESS WHEREOF, the Declarant has caused this Declaration to be executed as of the
day and year first above written.
CONSENTED AND AGREED TO THIS DAY OF , 2003
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