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Home My WebLink About20042709.tiff 07/27/04 08:36 FAX 970 304 6498 WELD PLANNING Weld County P:n- 'frfj002/00zient • l�tJ U) 2 ° 2004 PLANNED UNIT DEVELOPMENT (PUD) FINAL PLAT APPLICATI FOR PLANNING DEPARTMENT USE DATE RECEIVED: RECEIPT#/AMOUNT# IS CASE#ASSIGNED: _ APPLICATION RECEIVED BY PLANNER ASSIGNED: ou.3toa. , iZ t-tb7,l.oz, , RoS5tZot, R tin 2.02, Parcel Number - (12 - (12 digit number-found on Tax I.D.Information,obtainable at the Weld County Assessor's Office, or wvnv.co.weld.co.us). (Include all lots being included in the application area,If additional space is required,attach an additional sheet) Legal Description I/Z, a. ti4��4 b`r� SE t/4 , Section% , Township 3 North, Rangeba West PropertyAddress(If Applicable) trtP, • Existing Zone District s Proposed Zone District: ?St Total Acreage:X4.0 Proposed#/Lots 7•10 Average Lot Size: .7 S Wt• Minimum Lot Size: tk 1 a Proposed Subdivision Name:Ps-\“w Sr\ 3 • Proposed Area (Acres)Open Space: 11\ ArC • Are you applying for Conceptual or Specific Guide? Conceptual Specific X FEE OWNER(S) OF THE PROPERTY(If additional space Is required.attach an additional sheet) Name: RN'sS %)"'S c—CtAt'APS"- \, off& hack\wiS `t<≥R\ Work Phone# 3M -eali0Home Phone#3.3 tin 1017 Email Address %At >o wviskvaiw.yks•W Address: 9e teat Vtt3e City/State/Zip Code Pao J%1 at CO t•D3 iS% j,PPLICANT OR AUTHORIZED AGENT (See Below;Authorization must accompany applications atoned by Authorized Agent) Name: bogie=• Lt EL-- Work Phone# bow Home Pho # Email Address Address: GS o`�On�. City/State/Zip Code • _ UTILITIES: Water: (..i*tA W4.QX o. 4.44-4M \,at l ' VS 1*%\'kS Sewer: . Sc • 5vow'ta eta VestVIC 't Gas: Electric: '.10a taj • Phone: littwaS..- DISTRICTS: School: S* . ..tn. Fire: 'Wet . NatVP-) Post: A..A.r ,.,ltg • I(We)hereby depose and state under penalties of perjury that all statements,proposals,and/or plans submitted with or contained within the application are true and correct to the hest of my(our)knowledge. Signatures of all fee owners of property must sign this application. If an Authorized Agent signs,a letter of authorization from all fee owners must be included with the application. If a corporation is the lee owner,notarized evidence must be included indicating the signatory has the legal authority to sign for the corporation. I (we).the undersigned, hereby request the Department of Planning Services to review this PUD Final Plat or request hearings before the Weld County Planning Commission and the Board of County Commissioners concerning the PUD Final Plat for the above described unincorporated area of Weld County, Colorado: Ktsrap. %vet"Vats) h TZT Wag.. (La let Signature: Owner or Authorized Agent r Date Signature: Owner or Authorized Agent Date • \1'2-1.ta4 N -10- 2004-2709 Columbine Land Resources, Inc. ^O.Box 17130 Telephone: (303)665.9390 .ulder,Colorado 80308-0130 Telefax: (303)665-0165 E-Mail:ForestPark@mesanetworka.net • July 19,2004 Sheri Lockman Planner Weld County Department of Planning Services 1555 North 17th Avenue Greeley, CO 80631 RE: State of Colorado Division of Water Resource Board Letter. - Dear Sheri, Doug talked with The State of Colorado Division of Water Resource Board and they will not issue the letter to us unless they receive a written request from Weld County. John Bendon Malama Consulting 'nsultant to Columbine Land Resources JUL-19 04 14:31 FR0M:TRANS CUST SERVICES 303-682-7344 TO:93036650165 PAGE:01 St. Vrain Valley School District RE-1J 395 South Pratt Parkway • Longmont • CO • 80501-6499 303-776-6200/449-4978 • FAX 303-682-7343 July 19, 2004 Mr. John Benden P.O. Box 17130 Boulder, Colorado 80308 Subject: Pelican Shores Development Dear Mr. Hendon, Thank you for sending me a copy of the plat for this development. The bus pull out indicated on this plat does meet the requirements for the St. Vrain Valley School District. At this time it is our intent this will be the bus stop for this development. However, the St. Vrain Valley School District reserves the right to relocate any bus stop at their discretion. This letter is not a sig n-off on cash-and lieu fees or mitigation payments. Please contact the Planning Department (303-682-7229) for more information regarding these. UT can be of further assistance please feel free to contact me at (303)672-7253. Respect 1/r 7 Rick Ring Director of Custodial & Transportation Services "Excellence - Our Only Option" • JUL-16-2004 16:18 8 P.01 p vvr, vvT July 14,2004 Sheri Lockman Planner Weld County D q x Ratt ing ting Services d North 7 Greeley,CO 80631 RE:Approval of proposed road names,addresses,and postal box boa iir ns for Peftan Shores Dear Sheri, • I am a for approvingPe the proposed road names of Subdivision. AUPercan Shores Drive.Pelican Shores Court,and pq�a proposed addresses are approved as well. The locations for the centakzed..rail delivery boxes are approved for Pelican Shores Drive. There are two locations an Pelican Shores Drive acceptable for the placement of delivery borer. The firsts to the right of the entry way in the open space tract,and the second is on tie open space between lots 17 and 18. There can be one cereal box with 13 mail sans at each location or two central boxes with 13 slots at either location. The locations for the centralzed malt delivery boxes are approved for Dougla Drive. There are two br dmons on Dougla Drive acceptable for the placement of delivery boxes_ The first is to the right of the entry way n the open space tract,and the second is off of the pull off across trom lots 12 and 13. A centralized box with 16 rnail slots can be placed at ether location. %may, icast7f4e;_le Area Growth Coordinator United States Postal&Nice T0TRL P.01 r Columbine Land Resources, Inc. -D.Box 17130 Telephone: (303)665.9390 —.milder,Colorado 80308-0130 Telefax: (303)665-0165 E-Mail:ForestPark@mesanetworks.net July 12,2004 Sheri Lockman Planner Weld County Department of Planning Services 1555 North 17th Avenue Greeley, CO 80631 RE: Request For Variance From The Utility Board Dear Sheri, I am writing this on behalf of the River Runs Through It, LLC and Doug Tiefel. We are hereby requesting a variance from the Utility Board for the Weld County requirement of utility easements along all side and rear lot lines. This request is being made due to the fact that all of the service providers (water, sewer, electric, natural gas, and telephone)are planning to provide their services from the adjacent streets and front lot lines. Please do not hesitate to contact me if you have any questions. John Bendon for Doug Tiefel Project Coordi r Columbine Land Resources, Inc. .O.Box 17130 Telephone:(303)665.9390 Boulder,Colorado 80308-0130 Telefax: (303)665-0165 E-Mail:Forestpark@mesanetworks.net July 9, 2004 Sheri Lockman Planner Weld County Department of Planning Services 1555 North 17th Avenue Greeley, CO 80631 Re: PUD Final Plan Submittal Requirements for Pelican Shores PUD Dear Sheri: I am pleased to submit the Final Plan documents for Pelican Shores PUD. We have been working very hard on all of the various aspects of the final documents. We copied the information from the Weld County website, regarding Final Plan submittal requirements for our format below. A. A recorded change of zone plat. have enclosed a copy of our recorded Change of Zone Plat, which has been reduced for convenience. B. A copy of a certificate of title issued by a title insurance company or an attorney's opinion of the title which shall set forth the names of all owners of property included in the PUD final plan. We have retained the services of Commonwealth Title, to prepare the Title Commitment for the ownership and encumbrances of the property. The report is enclosed for your review. As you know the southern portion of the property is owned by the River Runs Through It, LLC and the northern portion is in my name as Douglas A. Tiefel. For your information, I intend to convey my portion to Columbine Land Resources Inc. prior to recording the final plan. The existing mortgage on the property is with J Bar B, Inc. We will be paying off that mortgage with a new mortgage from Wells Fargo Bank at time of recording. Wells Fargo will be taking a deed of trust on Lots 1-26 of Block 1, leaving all of the right of ways and common homeowners association land unencumbered. C. A certificate of title or an abstract of title covering all public dedications. See Section B above. The road right of ways will be conveyed via the Plat Map free and clear of all encumbrances. D. A warranty deed or other suitable document ready to record which deeds to the appropriate public body all lands other than streets which are to be held for or used for public purposes. I don't believe a warranty deed will be necessary for this item as the plat will convey the road right of ways, for County Roads #13 & #26. Tracts A and B will be conveyed to the Pelican Shores Homeowners Associations (South and North, respectively). F. Certificate from the County Treasurer showing no delinquent taxes or special assessments on the )roperty of the proposed PUD final plan. Attached is a copy of a tax certificate from the Weld County Treasurer indicating that no property taxes are due. F. Certificate from a qualified engineer in the State responsible for the design of the utilities. Attached, please find a letter from Jim Blankenship from JLB Engineering certifying his qualifications for the design of the project. G. Copies of all deed restrictions, including those required by the Board of County Commissioners to govern the future use of all land in the PUD, covenants, grants of easements or restrictions to be imposed upon the use of the land, building and structures. Enclosed please find our Restrictive Covenants and Architectural Guidelines which will be recorded for the project. We will have two sets of covenants; one for Block 1-South and Block 2-North. H. An improvements agreement according policy regarding collateral for improvements. Attached also find the improvements agreement for all of the improvements which have been identified on the construction plans. We will utilize a letter of credit from Wells Fargo for collateral which will guarantee installation of improvements. I. Evidence from the appropriate iurisdiction stating that the street and/or highway facilities providing access to the property are adequate in functional classification. I don't believe we need to address this item as both roadways are under Weld County Jurisdiction, and 'LB Engineering has designed the County Road improvements, pursuant to the previous approvals from the Board of County Commissioners, and Public Works Department. J. A separate off-site road improvements agreement proposal. I don't believe a separate off-site improvements agreement is necessary as no off-site improvements are required with Pelican Shores. The improvements to County Road 13 are adjacent to the south side of our property. K. A PUD construction schedule showing the approximate dates when construction of the development is proposed to start and finish. The PUD construction schedule is attached as a separate exhibit immediately following the improvements agreement (see Section H above). L. A statement describing the method of financing for the development. The financing for the development of Block 1 will be through a development loan that has been secured from Wells Fargo Bank in Boulder. The financing for the development of Block 2 will be through a development loan that has been secured from Heritage Bank in Lafayette. M. An affidavit listing the names and addresses of all mineral owners and lessees of mineral owners on or under the parcel of land being considered. Attached please find the list of the mineral owners and lessees based on Weld County Assessor Records. 2 N. A certified list of the names, addresses and the corresponding parcel identification numbers assigned ,y the County Assessor to the owners of property of the surface estate within five hundred (500) feet of the property subiect to the application. Attached please find the list of the mineral owners and lessees based on Weld County Assessor Records. 0. A statement indicating that the proposed PUD final plan is in compliance and meets all criteria as set forth in the change of zone. I hereby certify on behalf of the River Runs Through It, LLC (owner of the south parceVBlock 1) and Douglas A. Tiefel (owner of the north parceVBlock 2) that all of the criteria for the change of zone approval have been followed in the design of this Final Plan. The open space areas have all been protected and remain unchanged. The same number of lots (26 on the south and 14 on the north) are as previously approved. All internal roads remain privately owned and maintained by the Residence Homeowners Associations. I am also enclosing copies of the organizational documents of the Homeowners Association for your review and files. P. A final plan plat map in compliance with Section 27-9-20 of this Chapter. The Final Plan map has been prepared based on the previous approvals and input from all of the applicable utility companies. I am enclosing both full size (24x36) and reduced (11x17) copies of the Final Plan map. Q. A landscape plan in compliance with Section 27-9-30 of this Chapter. The Landscape Plan has been attached to the construction drawings of the last pages of that set. No changes have been made to the landscape plan that was approved with the Change of Zone. A final set 'hf construction drawings with the landscape plan will be provided to the Public Works and Planning Department in the next week. R. A utility map in compliance with Section 27-9-40 of this Chapter. The Utility Map is enclosed for your review and approval. We have prepared the map in accordance with your verbal direction to me. We've added signature lines for all of the applicable agencies. I hope you find all of this information satisfactory and complete. We are very excited about the project and are eager to commence construction. Hopefully we can finalize these documents with you by the end of the month. Sincerely, Doug Tiefel President 3 PELICAN SHORES SOUTH PUD A Planned Waterfront Development Design Guidelines Pelican Shores South PUD affords a unique opportunity for residential waterfront living in Weld County, Colorado. Because the residential area is a small percentage of the planned development (Pelican Shores South lots and access roads will comprise only 21.6 acres of the approximately 109 total acres), each home site of Pelican Shores will enjoy sweeping views of the surrounding open space. The goal is to maintain a rural character while allowing a variety of living styles. Pelican Shores' lots range in size from more than .41 acre to .91 acres. Private open space provides for a variety of water activities on the 53-acre lake. These Design Guidelines, in concert with Restrictive Covenants, were formulated to assure aesthetically pleasing home designs that are compatible with each other. These documents are for the use of lot owners and their architects in designing a home consistent with the Pelican Shores design theme. The guidelines will also be used by the Design Review Committee (DRC) in their responsibility to review proposed home designs. No structures (both residential and outbuildings) or landscaping may be constructed or installed without prior written approval from the DRC. The result will be a livable community with high-quality architecture and landscape that will enhance property values and allow all property owners to enjoy Pelican Shores for generations to come. Design Review Committee (DRC) The DRC will administer and enforce the Design Guidelines, which are binding upon all persons who, at Pelican Shores: • Construct, refinish or alter any part of the exterior of any building, • Make other improvements upon, under or above any property, • Create fill, make any change in the existing surface contour or drainage of the land, and/or install any utility line. In general, the objective of DRC is to: • Avoid harsh contrasts in the landscape, • Preserve key view corridors, • Encourage design adapted to the specific lot, • And foster harmony between buildings and their sites and among the buildings themselves. The Design Guidelines may be amended so as to reflect new experience and accommodate changing conditions. However, modifications must be consistent with the overall intent of Pelican Shores. 1 Design Theme Pelican Shores seeks to create a residential development that will blend comfortably into a landscape of open space, with lines of trees and shrubbery around water. 19 _- il rti Figure I:Acceptable architectural character. An overall architectural theme is desired to foster compatibility between individual homes and to create a community that blends with the surrounding open land. Our goal is to create a sense of rural elegance that complements the sweeping setting. Simple architectural forms and styles, along with durable materials will engender a strong feeling of quality and timelessness. The result will be a neighborhood consisting of simple forms, consistent rooflines, and compatible materials and colors. Craftsmanship in construction, as seen in the details of the architecture, will convey elegance. Details that appear contrived rather than integral to the building form are discouraged. Building Form The preferred architectural form is a prairie style -- a predominantly low, horizontal form that follows the terrain. The character of the residences can vary, as long as the form complements the terrain and location. The desired architectural character could also be described with words such as low-scale,agricultural, simple, informal,domestic and rural. The key is that tall house forms or vertical elements that stand out visually will not be allowed. A convenient test for analyzing whether a building form is predominantly horizontal is to calculate the percentage of the building elevation that exceeds one-story walls. If more than 50-percent of the building elevation has greater than one-story walls, the building is not likely to appear horizontal. 2 _ _ = = Figure 2:No more than 50%of the budding exceeds one story.This house meets the building from guidelines.with predominantly one-story walls and dormers for the second story. • No unbroken wall planes greater than one story (except gable ends) will be accepted. • Second story walls should be a relatively small portion of the entire elevation. • Dormers are preferred for second stories to allow the roof form to dominate the second story elevation. • Two story sections should be set back so that the main roof form breaks the vertical wall. Houses with unbroken two-story (or greater) walls will not be acceptable. Entries can be identified through slight variations in the form and proportion of the house (i.e. dormers, porches) as long as the horizontal character of the house is preserved. Covered porches, of usable depth (10' to 12'deep), are encouraged wherever possible. By breaking up long roof or wall planes with porches and/or dormers, the buildings will conform better to the varied terrain of individual lots. Accessory Structures All accessory structures, such as detached garages, workshops, boat shelters, greenhouses, pergolas, trellises, pavilions, and pet enclosures, must be lower than and architecturally less important than the main residence. Accessory structures must be compatible with the main residential building (same form, materials), rather than designed as separate elements. Materials Natural wall materials (such as stone or wood) help create a sense of permanence and mass to allow variety yet provide overall continuity. Wall materials shall be limited to stone, stucco and solid wood siding. Manufactured siding (i.e. Masonite, pressboard, laminated wood, etc.), logs and any form of brick are not allowed. A minimum of 25% of exterior elevation of the buildings (including doors and windows) shall be stone consisting of the same stone type, colors and installation technique found in the entry columns (see Figure 3). Stone installation should appear to be part of the foundation, but may extend to the roofline if it is continuous from grade. The intention of 3 this guideline is to assure there is continuity of a single material to tie together all of the residences and site features. If the homeowner can show that these goals can be accomplished with less stone, then the 25% requirement may be reduced with the approval of the DRC. w r. i .. . i,Mr 00 treletWoe �S�;t Figure 3:Typical entry column. The stones should be installed in an ashlar or horizontal stacked pattern with narrow joint and recessed mortar. The appearance of the stone should be structural rather than veneered. The project entry columns and walls are examples of this pattern and joint size. Simulated or manufactured stone may be considered within Pelican Shores only with DRC approval. To obtain approval to use simulated stone, applicants must construct sample panels for DRC review. Any form of concrete block or brick is not allowed. Exterior materials, (walls, trim, windows, doors and details) should be simple and natural. High- tech materials should be avoided (metal skin, mirror glass, etc.) Roofs Hip � Hip Shed emit Cable �►•0=�' +v , • �c '7\roe .4116, eat arf SI rear law tor Gable r•�• Figure 4:Major roofs nwst be either Figure 5:All minor roofs must be either "hip"or"gable". "hip„ "gable"or"shed". 4 r-- 8:12 4:12 Figure 6:AU major roofs must be a minimum 4:12 pitch and a maximum 8:12 pitch, while minor roofs may be a maximum 8:12 pitch. Roofs are a major visual element whose compatibility is critical for creating a sense of unity. The following are specific roof criteria for Pelican Shores: • All major roofs must be either gable or hip with a pitch of a minimum of 4:12 and a maximum of 8:12, with the exception of 2"d floor dormer(in which a 12:12 roof will be permitted). Major roofs refer to the roof structure predominate to the residence. • Minor roof forms may be gable, hip or shed. Minor roofs include covered porches, dormers, or garages. • Roof surfaces shall be unglazed concrete tiles or high profile asphalt shingles of gray, dark green, or approved equal. • Roof overhang shall be at least 24" (larger for large roofs). Roofs without overhangs will not be allowed. • All flashing shall match roof color. Paint Colors The DRC has prepared a palette of colors for all exterior surfaces not left natural and unfinished. This palette should guide homeowners in selecting colors that are consistent with the design themes of Pelican Shores. Highlight colors used as accents are encouraged. As part of the design review process, homeowners will submit color and material samples for DRC approval. Foundation Walls It is important to connect each building visually to the site at the foundation. Unless approved by the DRC not more than 8 vertical inches of concrete foundation walls may be exposed to view. Foundation walls with more than 8-inches exposed to view should be covered with stone or other architectural enhancements. H1 Figure 7:Foundation wall covered with stone. 5 Doors and Windows To convey the exterior wall's thickness or sense of mass, doors and windows should be recessed 2" to 6" from the exterior wall face. Windows shall have sills of natural material (stone or wood). In locations where a greater connection between exterior and interior spaces is desired, large expanses of glass may have the following characteristics: • The maximum area of a single pane of glass shall be 24-square feet, with the largest dimension being vertical. • This maximum uninterrupted glass area must not exceed 25 percent of the house elevation without DRC approval. • Divided light windows (small panes separated by mullions) are preferred. • Surface mounted windows using a mounting flange are prohibited. • Door and window trim should be generous (at least 8" wide). • No mirrored or bronze glass (low "E" glass may be used). tr A B • Figure 8:Example "A"represents an ^i�li8 v appropriately recessed window,while example %t I _ 4• I "B"represents an inappropriately window. All exterior doors visible from the road or adjacent properties shall be of natural materials, preferably handcrafted that include architectural details consistent with the remainder of the home are encouraged (no flush mounted metal doors will be allowed if visible from adjacent lots or roads) Fencing To retain the open character of Pelican Shores, property line fencing is not allowed. Homeowners may, however erect fences around their patios for wind and sun screening, an animal shelter and/or boat screening if approved by the DRC. Any fencing within the building site must relate to the architecture of the residence and fit a specific need that cannot be met with plant material. Landscaping is the preferred method for screening or providing privacy for decks, yards, mechanical equipment, etc. • The fence materials, color, scale, and texture must be extensions of the overall design of the residence. 6 • Metal or chain-link fences are not allowed. Chain-link fencing is only allowed around tennis courts and pools and must be black, vinyl clad. Fencing for tennis courts and pools must be approved by the DRC. Entry Columns Each lot owner shall install two columns adjacent to the driveway at the property line. The columns will be made of the stone mix to be specified by the developer. These columns shall match the form and proportions of the columns located at the project entries and include the property address and lighting. Entry columns shall not exceed five (5) feet in height. Include detailed drawings of individual lot entry columns with final plan submittal along with cut sheet depicting lighting. Entry column must be completed prior to occupancy. ikraiircia n f ./.....''' / / Figure 9:Two columns located adjacent / the driveway at the property line. Lighting Pelican Shores is intended to blend in with the area's rural character by not creating a brightly lit compound of buildings. Exterior lighting incorporated in each residence must not affect adjacent lots or the surrounding area. �I' I I ! i �� I ;IIr I ill I I I zln III i I I ��1!IInu1111,� 4,, Figure 10:The unacceptable Figure II:Acceptable I : `z exterior lighting lights the I I I I exterior lighting casts night sky,is visible from a light downward,is not I + distance and the shape of the C" I( , I visible front a distance l fixture is unrelated to the i li and is designed in house form. I 1 ) relationship to the house �I1J1L V r from. N6�&ll�I�q�Hi;ti (HUIII 1111I161IJIIIIIRIINII 7 The following guidelines will minimize light impacts of each house: • All exterior lighting must be sharp cut-off design so the light source is not visible from adjacent property owners. Incandescent and metal halide are acceptable light sources. All exterior lighting fixtures must be integrated into the architectural design of individual residences and constructed of non-reflective materials compatible with approved project colors. • Direct-source lighting is discouraged (e.g. the actual light bulb is visible). Where homeowners desire direct-source lighting, only low voltage fixtures are acceptable. • No upward or outward facing lighting will be allowed, only down lighting will be allowed. Landscaping The landscape shall help blend the architecture into the site by using native and adapted plants appropriate for the setting and environment. A 50/50 mix of deciduous and evergreen trees will result in landscapes that have both summer and winter presence. The landscaping should help fit the new homes into the rural character while retaining spectacular mountain views. To help manage water usage for landscape purposes, each lot owner is encouraged to use industry standard xeriscape practices such as: • Limit irrigated turf to relatively small active-use areas (maximum total of 50% of lot), which have been graded to approximately a 2 percent slope. • Use drip irrigation on trees, shrubs and groundcover. • Mulch all planted areas with 4" to 6" of organic (wood chips, ground bark, pole peelings). • Select plant material, which is adapted to the Colorado climate, and do not require extensive water(see the Weld County Suggested Plant List.) A lot owner must complete landscape improvements within one hundred twenty (120) days of obtaining a Certificate of Occupancy, or as soon thereafter as reasonably practical if seasonal weather does not permit completion within such period. Landscape plans will be submitted to the DRC along with an estimate from a landscape contractor showing that the proposed landscape is valued at not less than 5 percent of the retail value of the house and lot. The landscape budget, described above, excludes all exterior hard surfaces and fences. The tree-planting budget will be a minimum of one-half of the minimum 5 percent landscape budget. The landscape estimate will constitute the amount of the landscape deposit. The landscape deposit, in a form agreeable to the owner and DRC, will be held until such time as the landscape is completed in accordance with approved plans. Grouping of similar trees of various sizes and spacing helps give a natural look to individual lots and integrates homes into the landscape. Shrubs and ground covers also help provide a natural looking setting for each lot. Homeowners should avoid large mulch beds without landscaping. Rather they should design for 90 percent coverage of all beds within three years of planting. 8 The use of organic mulch is preferred over rock mulches. Rock mulches create a stark '--- contrast in the landscape and require DRC approval. 9 ! 'r+ t�7 4 S8 Kti `A -;‘:;.",..c"-i.t • J.':•ti ‘,...•: ,4, 4 "s ti '',L.,�,; ,i r 1-rr►,,, ,_______ Figure 12:Existing Cottonwood Trees All landscaped areas must be carefully planned and maintained. Homeowners need to recognize the requirements of maintenance. • Because turf grass requires regular mowing, irrigation and fertilization, the homeowner may consider limiting turf grass to areas that will receive high use. The remainder of the lot can be planted with native or non-turf grasses, which are similar in character to adjacent agricultural fields and will create a graceful transition from lots into the adjacent land. Native grass areas need to be mowed on a schedule similar to adjacent open space land. r • Turf and native grass areas need to result in 90 percent coverage within three years of planting. • All turf areas, as well as all other trees, shrubs and ground covers will require permanent, automatic irrigation. • Homeowners must maintain all plant material as long as they own the property. Any plant material installed by the homeowner, appearing dead, diseased or damaged must be replaced within one growing season. • Any area disturbed during the construction process must be re-vegetated within one growing season of completion of site work. Landforms, Grading and Drainage Figure 13:The top illustration represents undesirable grading which contrasts with existing slopes,while the lower illustration represents acceptable grading replicating natural slopes. 9 Lots have been located to reduce the amount of grading and maintain the integrity of existing landforms. Wherever possible, homeowners must locate residences and accessory structures to avoid or limit any changes to land forms. Any grading changes required shall match the existing grades in percentage of slope and transition between slope changes. • Drainage needs to be transmitted through natural looking, gentle grass swales that do not concentrate drainage into adjacent lots or outlots. • Prominent land and vegetative features will be retained or, at a minimum, integrated into the new grading and landscaping. • Grading shall not take place within the drip line of trees that are being retained. Lot owners and/or contractors cannot interfere with the existing agricultural irrigation or the natural course of runoff. Erosion Control Lot owners must manage drainage within their lot to control erosion. The preferred method of accomplishing erosion control is through carefully engineered grading combined with appropriate landscaping. 4., A rL' Figure 14:Example "A"shows an - e acceptable,naturalized drainage swale, while example "B"shows an unacceptable concrete channel. • Where erosion control is necessary (such as riprap channels, fabrics, etc.) the materials and techniques should result in a natural character channel. • Any damage to an adjacent property resulting from uncontrolled runoff from within a lot will be the responsibility of the offending lot owner. Repair of any erosion damage caused by runoff from a lot must be accomplished by the owner of that particular lot within one growing season of the damage. • Extra care is necessary to ensure that dirt, silt, trash, fertilizer, and other chemicals do not enter onto the open space and lake area. 10 View Corridors The lots have been laid out to optimize views of the open space and mountains. When locating any structures or landscape within a lot, the homeowners must take into consideration the views from adjacent lots. The DRC will review each development proposal within Pelican Shores to assure that views have been optimized with minimal impact on the neighbors and their views. o •7 -in 4:4/ „ , tki : GT .\ oao t �?� )t "* i j Q r i Figure 15:Houses sited to preserve each other's views of Longs Peak and the Indian Peaks Decks Deck design, materials and colors must be integral to the overall residence design. Decks shall be adjacent to the residence and contiguous with at least two exterior walls. Decks need to be placed to avoid impacting views and screened adequately from adjacent lots. Freestanding decks are not allowed unless adequately integrated into the site. Extensive upper level decks are discouraged. Play Equipment Play equipment must be integrated into overall house and site design. Where possible, colors and materials need to be consistent with the overall house design. The placement of play equipment is critical for its impact on adjacent lots and views. Integrating play equipment into the landscaping of the lot will reduce potential issues with neighbors. 11 r Docks/Boat Shelters Docks shall be constructed to allow for water fluctuation in the lakes. Boat Shelters shall be designed as per the "accessory structures" section of these design guidelines. Any dock constructed by the Lot Owner shall be subject to approval by the DRC. Docks shall have a maximum height of twenty-four (24) inches above the surface elevation of the water, shall have a maximum length from the water's edge or shoreline of twenty (20) feet, and shall have a maximum width of four (4) feet. No siding, roof or additional improvement shall be allowed unless specifically approved in writing by the Committee. umuaa mar ,L ;... CF'S, MAT cola n ..owti1„Yw..Vyi ea- Drives and Entries Each lot shall have a single point of entry from the access road. A second point of access may be allowed with DRC approval. The only approved access may be allowed for construction of a residence will be over the driveway for the lot. Lot owners are responsible for constructing and maintaining a paved driveway of a quality similar to the access road. This will include drainage improvements such as culverts or walls needed to maintain the access road. The edges of the access road must be protected during construction. No tracking of dirt or mud onto the main access road will be allowed. At the intersection of the driveway and the access road, each lot owner must construct entry columns similar in character to the main entry feature to Pelican Shores' entrance. 12 r Restrictive Land Use Covenants Note: Following is a draft of Restrictive Covenants for Lots 1 through 26 of Block 1 (the South development area). The Covenants for Lots 1 through 14, Block 2 (the north development area) are intentionally not included in order to save paper. They will be substantially the same as those for Block 1 and will be provided at the lime of the final recording of all documents. 1 DECLARATION OF COVENANTS CONDITIONS AND RESTRICTIONS OF LOTS 1 - 26, BLOCK 1 CALLED PELICAN SHORES PUD, A RESIDENTIAL WATERFRONT DEVELOPMENT IN THE COUNTY OF WELD, STATE OF COLORADO THIS DECLARATION, made this day of July, 2004, by RIVER RUNS THROUGH IT, LLC, hereinafter referred to as "Declarant." WITNESSETH: WHEREAS, Declarant is the owner of the real property described in Article I of this Declaration and desires to create thereon a community with common covenants, conditions and restrictions for the benefit of the said development; and WHEREAS, the real property described in Article I comprises of twenty six (26) lots which have been created by the County of Weld on May 18, 2004 which lots were created by a Subdivision Approval and are hereinafter referred to as Pelican Shores PUD. WHEREAS, Declarant desires to impose upon the above-described property the following covenants so as to insure the proper use and the appropriate development, improvement and maintenance of said property. WHEREAS, Declarant desires to provide for the preservation of the values and amenities in said development; and, to this end, desires to subject the real property described in Article I to the covenants, restrictions, easements, charges and liens hereinafter set forth, each and all of which is and are for the benefit of said property and each owner thereof; WHEREAS, Declarant has deemed it desirable, for the efficient preservation of the values and amenities in said community, to create an association to which should be delegated and assigned the powers of administering and enforcing the covenants and restrictions and collecting and disbursing the assessments and charges hereinafter created; and WHEREAS, Declarant has deemed it desirable, for the efficient preservation of the values and amenities in said development, to create an agency for the benefit of Pelican Shores PUD property owners to which should be delegated and assigned the power of administering and enforcing the covenants and restriction and collecting and disbursing the assessments and charges hereinafter created; and; WHEREAS, Declarant has incorporated under the laws of the State of Colorado, as a non- profit corporation, Pelican Shores South Homeowners Association, for the purpose of exercising the functions aforesaid; NOW THEREFORE, the Declarant declares that the real property described in Article I is and shall be held, transferred, sold, conveyed and occupied subject to the covenants, restrictions, eas-ments, charges and liens (sometimes referred to as "covenants and restrictions") hereinafter set forth, all of which shall be covenants running with the land described herein and shall be binding on all parties having any right, title or interest in the described properties or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner thereof. 2 ARTICLE I Property Subject to this Declaration Section 1. The Property. The real property which is, and shall be, held, transferred, sold, conveyed, and occupied subject to this Declaration is located in the County of Weld, State of Colorado, and is more particularly described as follows: Lots 1-26 and Tract A of Block 1 Pelican Shores PUD, a Subdivision in the, County of Weld, State of Colorado, which are described on the Pelican Shores PUD perimeter legal description incorporated herein and attached hereto as Exhibit A, Page 1 of 3 and the Pelican Shores PUD Plat Maps which are reduced and incorporated herein and attached hereto as Exhibit A, Pages 2 and 3. all of which real property shall hereinafter be referred to as "the property" or "the lots". The Association shall mean Pelican Shores Homeowners Association, a Colorado non-profit corporation, the members of which are theresaid owners of Lots 1 - 26, Block 1. ARTICLE 11 Membership and Voting Rights in the Association Section 1. Membership. Every person or entity who is a record owner of a fee or undivided fee interest in any land or living unit which is or may be subject by covenants of record to assessment by the Association shall be a member of the Association, provided that any such person or entity who holds such interest merely as a security for the performance of an obligation shall not be a member. Each member shall have one vote for each lot within Pelican Shores PUD, Block 1. ARTICLE III Architectural Control Section 1. Architectural Control. Before anyone shall commence any landscaping or the construction, reconstruction, remodeling, addition to, or alteration of any building, fence, or any structure whatsoever, or any lot, there shall be submitted to the Architectural Control Committee (herein referred to as the "Committee") plans and specifications which must adhere to the Design Guidelines which are incorporated and referenced herein and attached hereto as Exhibit C. No such structure or improvement of any kind shall be erected, altered, placed or maintained upon any lot unless and until the final plans, elevations, and specifications therefor have received written approval as herein provided. Such plans shall include lot plans, locations of structures and improvements, floor plans, elevations, fence plans, landscaping, showing all aspects of occupancy and development of lot as an architectural unit, together with the proposed color scheme and materials for fences, roofs, and exteriors. In order to avoid unnecessary hardships, it is mandatory that all owners contemplating such construction, or alteration, as mentioned above, shall submit preliminary drawings in duplicate of such work to the Committee in order to obtain tentative action thereon before causing the preparation of detailed or complete drawings, plans or specifications or incurring substantial expense. One set of said plans and specifications and details, with the approval or disapproval of said plans and specifications and details, with the approval or disapproval endorsed thereon, shall be returned to the person submitting same within thirty (30) days and the other copy thereof shall be retained by the Committee. 3 The Committee shall have the right to disapprove any such plans or specifications or grading or landscaping plans which are not suitable or desirable in the Committee's opinion, and in passing upon such plans, specifications, grading or landscaping plans, the Committee shall take into consideration this suitability of the proposed building or other structure and of the materials of which it is to be built, the color scheme, the site upon which it is proposed to erect the same, the harmony thereof with the surroundings, the topography of the land and the effect of the building or other structure or landscaping as planned on the outlook from the adjacent or neighboring property, and if in accordance with all of the provisions of this Declaration. The Committee may disapprove if the plans and specifications submitted are incomplete, or in the event the Committee deems the plans, specifications or details or any part thereof to be contrary to the spirit or intent of these conditions and restrictions. The decisions of the Committee shall be fmal. Neither the undersigned nor any architect or agent of the undersigned nor any member of the Committee by virtue of his or her membership thereon on discharge of his or her duties required thereby shall be responsible in any way for any defects in any plans or specifications submitted, revised or approved in accordance with the foregoing, nor for any structural or other defects in any work done according to such plans or specifications. No building or improvements of any kind constructed or placed upon any of said lots thereafter shall be moved without the prior written approval of the Committee. In the event the Committee fails to approve or disapprove within thirty (30) days after plans and specifications have been submitted to it, or in any event, if no suit to enjoin the construction has been commenced within one year from the commencement of construction approval will not be required and there will be deemed to have been full compliance with the related covenants. Section 2. Architectural Control Committee. The Committee shall consist of three (3) lot owners within the Association. The members of the Committee shall, as long as the restrictions, covenants, and conditions herein set forth are in force and effect, perform the duties imposed on it as herein set forth. Neither the members of the Committee, nor its designated representatives, shall be entitled to any compensation for services performed pursuant to this Declaration. ARTICLE IV Land Use Restrictions and Standards Section 1. Land Use, Building Type and Height Limitation. All buildings constructed on the lots shall be used for residential purposes only as approved by the County of Weld. No structure shall be erected on any part of the properties which is not compatible with the character, quality and amenities associated with the development and approved in writing by the Committee in accordance with Article III. All new structures will be located within the building envelopes shown on the approved Change of Zone Plat Map (Exhibit B). The total square footage of any dwelling will have no less than 3,000 square feet and will not exceed a maximum of 6,000 square feet above grade, and the highest point of any residence shall not exceed thirty-five (35) feet in height as shown on the Site Plan. The project elevation benchmark shall be the existing survey monument (1 1 " plastic cap) which is elevation and is located in the intersection of County Roads 13 and 26. All accessory buildings and structures, shall be subject to the same architectural control as a principal structure and, where applicable, all accessory buildings and structures shall be constructed out of the same material as the principal structure on said lot. All fencing must be approved by the Committee prior to installation. Section 2. Land Use Regulation. All uses must conform to those uses itemized in the County of Weld Zoning and Development regulations. All lots are subject to those notes and site specific conditions which are listed on said approved Change of Zone Plat Map and the Final Plan Map which are incorporated and referenced herein and attached hereto as Exhibits A and B. No 4 business or profession of any nature shall be conducted on any lots or in any building constructed thereon unless said business or profession is expressly allowed as a home occupation. Section 3. Building. a) The Committee shall approve the location and height of any structure placed on any lot. Such approval must be obtained before commencement of any construction or alteration in accordance with Article III. All buildings must be located within each lot and within the designated building envelope and meet the required setback requirements of the County of Weld Zoning regulations. All lots must access their development through the access road entitled Pelican Shores Drive as shown on Exhibit A. The maximum height limitation for all structures and any outbuildings shall be 35 feet. The height limitation for all lots shall be measured according to Weld County Regulations. All dwellings and principal structures shall be constructed within the approved building envelope area as designated on the attached Exhibit A. b) All buildings shall be constructed in compliance with the Uniform Building Code, latest edition, published by the International Conference of Building Officials. c) Any building erected on the premises shall be designed by a licensed architect or engineer who shall consult in advance with the Committee as to matters of site planning, exterior materials and colors, signage and landscaping. d) Dwelling size. Every principal residence constructed on a lot shall have not less than three thousand (3,000) square feet of floor area devoted to living purposes (exclusive of roofed or unroofed porches, terraces, or garages) and shall have a garage of sufficient size to house not less than two (2) cars; further, each such residence shall provide for hard-surfaced or approved rock driveway and off- , street parking for at :least two (2) cars, excluding the space in the garage. e) No buildings or other structures, or combination of buildings or structures, shall be erected, altered, placed or maintained on the premises which shall occupy more than 20% of the land area of a lot. The combined area of the buildings, structures, and parking areas on a lot shall not exceed 30% of the area of that lot. All outbuildings, sheds, etc., shall utilize similar materials and color as the residence. f) No heating, air conditioning, electrical or other equipment shall be installed on the roof of any building or structure or hung on exterior walls unless the same is screened, covered and installed in a manner which shall first have been approved in writing by the Committee. g) During construction, all building sites shall be kept cleaned up on a daily basis, and all trash, rubbish, and debris removed therefrom after any construction work is done thereon. h) Materials. All exterior wall materials shall be subject to approval by the Committee as required elsewhere in these covenants. i) Paint. Exterior walls shall have an exterior surface acceptable to the Committee. Colors and finish shall harmonize with the natural surroundings. Section 4. Access and Street Parking. No parking shall be permitted on the common access road entitled Pelican Shores Drive and Pelican Shores Court as designated on Exhibit A. The only exception to parking on said roads shall be for temporary guest parking. All lots within Block 1 must access Pelican Shores Drive from County Road 26. No parking shall be permitted on County Road 26 or County Road 13. The Pelican Shores Homeowners Association shall be responsible for its own maintenance of Pelican Shores Drive and Pelican Shores Court. An annual assessment will be levied and collected from each lot owner by the Association for the proportionate costs for the use and maintenance of Pelican Shores Drive and Pelican Shores Court. 5 Section 5. Landscaping, Outside Storage, Maintenance and Fences. a) Building sites shall be landscaped in accordance with a plan submitted to and approved in writing by the Committee. In all cases, landscaping must meet the County of Weld standards. Such landscaping shall include ground cover, planting of trees, shrubs and other customary landscape treatment for the entire site, including adequate screening of parking and outdoor storage areas. All trailers, boats and recreational vehicles must be completely contained within a structure. b) The landscape development, having once been installed, shall be maintained in a neat and adequate manner which shall include lawns mowed, hedges trimmed, irrigation when needed, and removal of weeds from planted areas. All lots will be responsible for mowing all grasses and weeds at least four limes per year for any land adjacent 1:o its lot between the lot lines. Each lot owner shall be responsible for eliminating all noxious weeds, including thistle. c) The approved plan for landscaping the site may not be altered without submitting the revised plan for written approval of the Committee. d) Each Owner and tenant shall keep its premises, buildings, improvements and appurtenances in a safe, clean, neat, wholesome condition, and shall comply in all respects with all government, health, and police requirements. Each owner and tenant shall remove at its own expense any rubbish or trash of any character which may accumulate on its property and shall keep unlandscaped areas mowed. Rubbish and trash shall not be disposed of on the premises by burning in open fires or incinerators. e) The style of any fence, including the materials to be used and the height of the fence, shall be approved by the Committee. Section 6. Utilities and Miscellaneous Provisions. All electrical, television and telephone connections and installations of wires to buildings shall be made underground from the nearest available power source. No transformer, electric, gas or other meter of any type or other apparatus shall be located on any power pole nor hung on the outside of any building, but the same shall be placed on or below the surface of the land, and where placed on the surface shall be adequately screened and fenced, and all such installations shall be subject to the prior written approval of the Committee. Television and satellite antennae shall not exceed 24" in diameter and shall be concealed from the view of Pelican Shores Drive and Pelican Shores Court, County Roads 13 and 26 and adjacent lots. Insect zappers are expressly prohibited. Section 7. Mailboxes, Newspaper Boxes and Signs. No sign may exceed 24" x 24" in outside dimensions or be placed upon the property without prior approval of the Committee. All mailboxes and newspaper boxes prior to their placement on the property, must receive the approval of the Committee. Section 8. Easements and Rights-of-Way. Easements and rights-of-way in perpetuity are hereby reserved for surface or subsurface drainage purposes and for the erection, construction maintenance and operation of underground wires, cable, pipes, tile lines, conduits and apparatus for the transmission of electrical energy, for telephone and television lines and for the furnishing of water, gas, sewer service or for the furnishing of other utility purposes, together with the right of entry for the purpose of installing, maintaining, and reading gas, electric and water meters, under, along, across, upon and through strips of land shown as easements on the attached plat map, Exhibit A and as designated on each lot:. Section 9. Required Lighting. All lighting shall be subject to review by the Committee. The objective in the lighting design shall be to direct light down and not toward adjacent lots. Each residence shall provide and maintain at least one electric light post at or near the common access road property line, which said light shall be operated and lighted by a photoelectric cell or other 6 automatic device so that it will be lighted automatically during hours of darkness. The design of the light post and the amount of light emitted therefrom shall be approved by the Committee. No freestanding lighting shall exceed eight (8) feet in height. Section 10. Animals and Pets. No horses, cattle, sheep, goats, pigs, rabbits, poultry, or other animals of any description shall be kept or maintained on any part of said lot except that residents may keep dogs, cats, or other animals which are bona fide household pets so long as such pets total no more than two (2) and are not kept for breeding or commercial purposes and do not make objectionable noises or otherwise constitute a nuisance or inconvenience to any of the residents of adjacent property. All pets must be either confined to their owner's property, or be on a leash when walking on Outlot A. Section 11. Domestic Water Service. Domestic water service is provided by the Central Weld Water District. All property within this development is subject to the terms and conditions of that District's Service regulations. It is agreed that the landscaping adjacent to Tract A, shall be irrigated from an existing water tap on Tract A. Said water shall be separately metered and the Pelican Shores Homeowners Association shall pay for all the water used. Each lot owner shall be responsible for payment of its own monthly bill. Section 12. Sewage Disposal. Sewage disposal for each lot will be provided by service from the St. Vrain Sanitation District. The Declarant shall be responsible for installing the collection lines from each lot to the main collection lines to the existing sewage treatment plant. Said lines will be installed according to engineering plans prepared by the Declarant and approved by the St. Vrain Sanitation District. Each lot owner shall be responsible for payment of its own monthly bill. Section 13. Rules and regulations for construction. During any construction in Block 1 of Pelican Shores PUD, the following rules and regulations shall apply: a) No temporary structures, including construction trailers or other temporary office or sales facilities, shall be placed or maintained on Pelican Shores PUD, except for one construction trailer per lot that is under construction. b) Pelican Shores PUD shall be kept free of weeds and debris, and all scrap materials generated by the construction activities shall be removed as soon as reasonable. c) Each lot owner shall maintain a concrete wash-out site on their own lot and shall not wash trucks or equipment on any other property within the Pelican Shores PUD. Declarant shall provide at least one covered trash enclosure on their own lot. All debris will be placed in one of these enclosures at the end of each day. d) Each lot owner shall take such action as may be prudent and use reasonable efforts to employ all commercially reasonable methods, equipment, techniques and activities to control ambient dust and the accumulation of dust; and e) Each lot owner shall take such action as may be prudent and use reasonable efforts to abate noise, and to mitigate and abate noise pollution consistent with the construction of houses and installation of utilities. Section 14. No discharge of firearms or fireworks and no open fires. No firearms shall be discharged and no fireworks shall be set off and no open fires shall be lit or permitted in Block 1 of Pelican Shores PUD, except in a contained barbecue unit while attended and in use for cooking purposes or within an interior or exterior fireplace. Section 15. Restoration of damaged or destroyed improvement. If at any time commencing during or after Declarant's construction of any improvement within Block 1 of Pelican Shores PUD, such improvements or project are destroyed by fire or other casualty, Declarant shall, 7 not later than one year after occurrence of damage or destruction, commence to repair or restore the same and diligently complete the repair or restoration thereof no later than two years from the date of the occurrence of such damage or destruction. Section 16. Variances. The Committee may grant reasonable variances or adjustments of these conditions and restrictions in order to overcome practical difficulties and prevent unnecessary hardships arising by reason of the application of the restrictions contained herein. Such variances or adjustments shall be granted only in case the granting thereof shall not be materially detrimental or injurious to other property or improvements in the development and shall not mitigate against the general intent and purposes hereof. Section 17. Waiver of Liability. Neither the Committee, nor any member, employee or agent thereof shall be liable to any owner or tenant or to anyone submitting plans for approval, or to any other party by reason of mistake in judgment, negligence, or non-feasance, arising out of or in connection with the approval, disapproval or failure to approve any such plans or for any other action in connection with its or their duties hereunder. Likewise, anyone so submitting plans to the Committee for approval, by submitting such plans, and any person when he, she or it becomes an owner or tenant, agrees that he, she or it will not bring any action or suit to recover any damages against the Committee, or any member, employee or agent of said Committee. Section 18. Notice of Soil Conditions and Groundwater. All lot owners are hereby placed on notice that prior to any building or structure construction a groundwater investigation and report shall first be conducted, by a registered professional engineer, in order to determine the existing conditions, the suitability and appropriateness, together with recommendations for construction. There exists a high water level, which allows the contemplated water uses. Declarant assumes no liability for construction. Owners, by virtue of a lot purchase, shall assume all liability and by acceptance of a deed, hereby release Declarant and its agents of all liability associated with groundwater. In addition, Declarant makes no guarantee or warranty of a minimum water level in the lake on Tract A of Block 1. ARTICLE V COVENANT FOR ASSESSMENTS Section 1. Creation of the Lien and Personal Obligation of Assessments. The Declarant, for each lot, hereby covenants, and each owner of any lot by acceptance of a deed or other conveyance, shall be deemed to covenant and agree to pay the Association: (1) annual assessments or charges, which are payable in an annual payment; (2) special assessments for capital improvements, such assessments to be fixed, established, and collected from time to time as hereinafter provided. The annual and special assessments on each lot, together with such interest thereon and costs of collection thereof as hereinafter provided, shall be a charge on the real property and interest therein which comprise that lot and shall be a continuing lien upon the property against which each such assessment is made. Each such assessment, together with such interest thereon and cost of collection thereof as hereinafter provided, shall also be the personal obligations of the person who was the owner of such property at the time when the assessment came due. The maximum amount of the annual assessment for the first year shall not exceed $2,000 per lot. Section 2. Purpose of Assessments. The assessments levied by the Association through its Association shall be used exclusively for the purpose of promoting the health, safety, and welfare of the residents in the properties, the maintenance and upkeep of the common access roads designated as Pelican Shores Drive and Pelican Shores Court, entrance signage, gating, lighting, landscaping, snow removal, annual or monthly assessment for water service from the Central Weld Water District, surface irrigation water distribution systems, lake and open 8 maintenance, fish stocking, as hereinafter set forth, and in particular, for the enforcement of the covenants and restrictions contained herein, all types of insurance and premiums deemed necessary by the Association, and legal and accounting fees and costs associated with activities of the Association. Section 3. Assessments at time of Purchase. At the lime of purchase from the Declarant, each lot shall be assessed an assessment for the calendar year in which its purchase takes place, based upon estimated costs and expenses as deemed necessary by the Association. Each calendar year subsequent to the year of transfer by the Declarant, the assessment shall be fixed, established and collected from time to time, as hereinafter provided. a) From and after the transfer of a lot by the Declarant, the annual assessment may be increased each year for the lots, transferred not more than twelve percent (12%) above the assessment for the previous year without a vote of the membership. b) From and after the transfer of a lot, the annual assessment for each lot transferred, may be increased above twelve percent (12%) by vote of fifty percent (50%) of the members who are voting in person or by proxy, at a meeting duly called for this purpose. c) The Association shall, after consideration of current maintenance costs and future needs of the Association, fix the actual assessment for any year. d) Nothing herein shall prevent the Association from collecting the annual assessment on a monthly basis. Section 4. Special Assessments for Capital Improvements. In addition to the annual assessments authorized by Section 3 hereof, the Association may levy a special assessment, applicable to such years as are described in the resolution authorizing the assessment, for the purpose of defraying, in whole or in part, the cost of any construction or reconstruction, repair or replacement of a described capital improvement upon the common property, including the necessary fixtures and personal property related thereto, provided that a resolution establishing any such assessment shall have the assent of fifty percent (50%) of the votes of the members who are voting in person or by proxy at a meeting duly called for this purpose, written notice of which shall be sent to all members at least thirty (30) days in advance, which written notice shall set forth the purpose of the meeting. All or any part of the proceeds of any special assessment made as above provided, for the entire period over which the assessment is to be levied, or any part thereof, may be assigned to a lender as security for repayment of a loan or loans made to pay, in whole or in part, the expenditure for which the special assessment was authorized. The rights granted to the lender under such assignment may include the right to require the Association to collect the special assessments. Any such assignments of the proceeds of any special assessment shall require approval by vote in the same manner as the special assessment itself. Section 5. Date of Commencement of Assessments; Due Dates. The annual assessments provided for herein shall commence on the date (which shall be the first day of a month) fixed by the Association to be the date of commencement. The first annual assessment shall be made before the balance of the calendar year and shall become due and payable on the first day of March of said year. However, nothing herein shall prevent the Association from making one-twelfth (1/12) of each annual assessment due on a day each month fixed by the Association. The amount of assessment for each lot, in the year of transfer from the Declarant to the new owner shall not be prorated. The due date for any special assessment under Section 4 hereof shall be fixed in the resolution authorizing such assessment. 9 Written notice shall of the assessment shall thereupon be sent to every owner subject thereto. The Association shall, upon demand at any time, furnish to any owner liable for said assessment or any mortgagee or potential mortgagee or purchaser of property subject to assessment of a certification in writing signed by a member of the Association, setting forth whether said assessment has been paid and the amount of any unpaid assessments. The Association may charge a fee not to exceed fifty dollars ($50) for each certification. As to any mortgages or purchaser who had disbursed funds in reliance thereon, such certificate shall be conclusive against the Association as to items set forth therein. Section 6. Effects of Non-payment of Assessment; the Personal Obligation of the Owner; the Lien; Remedies of the Association. If an assessment is not paid on the date when due as specified in Section 5 or as set by the Association, then such assessment shall become delinquent and shall, together with such interest thereon and cost of collection thereof as hereinafter provided, thereupon become a continuing lien on the property subject to the assessment, which shall bind such property in the hands of the then owner, his/her heirs, devisees, personal representatives and assigns. The assessment shall be a lien against the real property which comprises the lot assessments, and all appurtenances thereto and fixtures thereon. The real property comprising of a lot or living unit shall include fee ownership in any lot, together with the dwelling, if any, and all fixtures and appurtenances. The personal obligation of the then owner to pay such assessment, however, shall remain his/her personal obligation for the statutory period and shall not pass to his/her successors in title unless expressly assumed by them. If the assessment is not paid within thirty (30) days after the delinquency date, the .- . assessment shall bear interest from the date of delinquency at the rate of eighteen (18) percent per annum, and the Association may bring an action at law against the owner personally obligated to pay the same or to foreclose the lien against the property subject thereto; and there shall be added to the amount of such assessment interest as above provided plus all costs of collection with the default and collection of amounts due. If the Association elects to file a lien, the Association may file with the Clerk and Recorder of the Weld County, a Statement of Lien with respect to the property, setting forth the name of the Association, and the amount of delinquent assessments then owing, which Statement shall be duly signed and acknowledged by a member of the Association, and which shall be served upon the owner of the property by certified mail to the address of the property or at such other address as the Association may have in its records for the owner of the property. Thirty (30) days following the mailing of such notice, the Association may proceed to foreclose the Statement of Lien in the same manner as provided for the foreclosure of mortgages under the statutes of the State of Colorado. In either a personal or foreclosure action, the Association shall be entitled to :recover, as a part of the action, the interest, costs and reasonable attorney's fees with respect to the action. No owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the common access road or Association improvements. Section 7. Subordination of the Lien to Mortgages. The lien of the assessments provided for herein shall be subordinate to the lien of any first mortgage now or hereafter placed upon the properties subject to assessment; provided, however, that such subordination shall apply only to the assessments which have become due and payable prior to issue of a deed to such property pursuant to a decree or foreclosure, or a public trustee's deed pursuant to foreclosure through the public trustee, or a deed issued in any other proceeding in lieu of foreclosure. Such deed shall not relieve such property from liability for any assessment thereafter becoming due, nor from the lien of any such subsequent assessment. 10 Section S. Remedy for Non-Maintenance by the Association. If the Association or any successor organization fails to maintain the common open space in reasonable order and condition in accordance with the approved PUD final plan, the following action may be taken: a. The cost of such maintenance by the Board of County Commissioners shall be paid by the owners of the properties within the PUD that have a right of employment of the common open space, and any unpaid assessments shall become a tax lien on said properties, pursuant to Section 24-67-105, C.R.S. b. If the deficiencies set forth in the original notice or in the modifications thereof are not rectified within thirty (30) days or any extension thereof, the Board of County Commissioners, in order to preserve the values of the properties within the PUD and to prevent the common open space from becoming a public nuisance, may enter upon said common open space and maintain the same for a period of one (1) year. ARTICLE VI General Provisions Section 1. Duration. The covenants and restrictions of this Declaration shall run with and bind the land, and shall inure to the benefit of and be enforceable by the Association, or the owner of any land subject to this Declaration, their respective legal representatives, heirs, successors and assigns, for a term of twenty-five (25) years from the date of this Declaration is recorded, after which time said covenants shall be automatically extended for successive periods of ten (10) years unless an instrument signed all ten lot owners and the then-holders of all first mortgages, which have been recorded, agreeing to change said covenants and restriction sin whole or in part. Provided, however, that no such agreement to change shall be effective unless made and recorded three (3) years in advance of the effective date of such change, and unless written notice of the proposed agreement is sent to every owner at least ninety (90) days in advance of any action taken. Section 2. Enforcement. Enforcement of these convenants and restrictions shall be by any proceeding at law or in equity against any person or persons violating or attempting to violate any covenant or restriction, either to restrain violation or to recover damages or for other relief; and failure by the Committee or any owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. The County of Weld may enforce these covenants if needed. Section 3. Titles and Section Headings. Titles of Articles and Section headings shall be disregarded in the interpretation of this document, and shall have no binding effect. Section 4. Court Jurisdiction and Severability. In the event that any one or more of the provisions, conditions, restrictions, and covenants herein set forth shall be held by any Court of competent jurisdiction to be null and void, all remaining provisions, conditions, restrictions and covenants herein set forth shall continue unimpaired and in full force and effect. In any litigation the laws of the State of Colorado shall govern, and by acceptance of title to any lot, each owner consents and agrees that venue for any action commenced hereunder is properly lain in Weld County, Colorado. Section 5. Rules Against Perpetuities. Any conveyance required herein which has not occurred within the lifetime of the survivor of TINA L. WILLITS and DOUGLAS A. TIEFEL plus twenty years after the death of each survivor, shall not be required. 11 Section 6. Amendment. The covenants and restrictions of this Declaration may be amended only by an instrument signed by not less than thirteen of the twenty-six lot owners. THE FOREGOING covenants and restrictions are approved. RIVER RUNS THROUGH IT, LLC a Colorado limited liability company Douglas A. Tiefel as Manager STATE OF COLORADO }ss. COUNTY OF BOULDER The foregoing instrument was acknowledged before me this day of July, 2004, by Douglas A. Tiefel as Manager of River Runs Through It, LLC, a Colorado limited liability company. Witness my hand and official seal. Notary Public My commission expires: Pelican Shorn/covenants doc 12 ARTICLES OF INCORPORATION FOR A NONPROFIT CORPORATION Form 300 Revised October 1, 2002 Filing fee: $50.00 Deliver to: Colorado Secretary of State Business Division, 1560 Broadway, Suite 200 - • Denver,CO 80202-5169 This document must be typed or machine printed. Copies of filed documents may be obtained atwww sac slate cofis ABOVE SPACE FOR OFFICE USE ONLY Pursuant to § 7-122-102 and part 3 of article 90 of title 7, Colorado Revised Statutes (C.R.S.), these Articles of Incorporation are delivered to the Colorado Secretary of State for filing. 1. The entity name of the nonprofit corporation is: Pelican Shores South Homeowners Association The entity name of a nonprofit corporation may,but need not,contain the term "corporation", "incorporated", "company",or "limited"or any abbreviation of these terms.§7-90-601(3)(b), C.R.S. 2. The address of the initial principal office of the nonprofit corporation is: 2581 Park Lane Lafayette, CO 80026 3. The name, and the business address, of the initial registered agent for service of process on the nonprofit corporation are: Name Douglas A.Tiefel Business Address(must be a street or other physical address in Colorado) 2581 Park Lane, Lafayette, CO 80026 If mail is undeliverable to this address,ALSO include a post office box address: PO Box 17130, Boulder, CO 80308 4. The nonprofit corporation(-4 check appropriate box) will have voting members © will not have voting members 5. The provisions not inconsistent with law regarding the distribution of assets on dissolution are as follows: Upon dissolution of the Homeowners Association, all Association funds will be distributed equally among voting members. 6. The name(s) and address(es) of the incorporator(s) is(are): Name(s) Douglas A.Tiefel Address(es) 2581 Park Lane, Lafayette, CO 80026 7. The (a)name or names, and (b) mailing address or addresses, of any one or more of the individuals who cause this document to be delivered for filing, and to whom the Secretary of State may deliver notice if filing of this document is refused, are: Doug Tiefel PO Box 17130, Boulder,CO 80308 Causing a document to be delivered to the secretary of state for filing shall constitute the affirmation or acknowledgment of each individual causing such delivery, under penalties of perjury, that the document is the individual's act and deed or the act and deed of the entity on whose behalf the individual is causing the document to be delivered for filing and that the facts stated in the document are true. Disclaimer Ibis f"M cry named innttons,IN not iaa,dd Is prvvide kpl,business a advicc,and ere offered as a public smkc"1Ooul,ey,aeMSINm or warranty.Whilc this fmm is believed to smut),mi,imum kg"' aquvemNs nor its misron dace,compliance with yylicabk law,as the same may be amndcd fium lime to time.remain the respuuibility ufthe user of this Rmm.Q ntrov should be addresud to the user's mumey. <.U1Urauo oeeretary U1 3tate rage i or L Colorado Secretary of St ArJ I:ir.ttne:e Business In.oitnaiion llingo(l;.,i Ie .,?; t t ':t Center C rflter ,I..iCen6e t..eattcz Search Business Entities Entity Detail E-File Periodic Reports � - JJ View History.and_Documents. Registered Agent Search PELICAN SHORES SOUTH Obtain Certificate of Name: HOMEOWNERS Good Standin ASSOCIATION Search Our Site Entity ID: 20041111204 Entity Type: NONPROFIT CORPORATION Filing Date: 03/25/2004 Status: GOOD State of r... Incorporation: CO Term: PERPETUAL Inactive Date: N/A Last Report: Report not filed Last Report Filing ID: none Name Reservation N/A Expires: Registered Agent Name: TIEFEL DOUGLAS A Physical Address: 2581 PARK LANE LAFAYETTE Colorado 80026 PO Box: 17130 BOULDER None 80308 http://www.sos.state.co.us/cgi-forte/fortecgi/frte corporationProdAccess13251522291F081... 6/8/2004 Lutorauu.ecretary of mate rage L ui L Principal Address: SAME AS REGISTERED AGENT Secondary Address: iJ View History and Documents. €kctions I $ii@intss I Information Na tcense I Contact U£ I Homes. http://www.sos.state.co.us/cgi-forte/fortecgi/frte_corporationProdAccess 13251522291 F081... 6/8/2004 • Farm SS-4 Application for Employer identification Number i (For use by employers,corporations, EIN / (Rev.December 2001) partnerships.trusts,estates,churches, -. .�- ...-'��' oepamen to the 1�swy government agencies,Indian tribal entities,certain individuals,and others.) ^ Internal Revenue saxce ► See separate instructions for each line. ► Keep a copy for your records. OMB No.1545-0003 r1-•\Legal name of entity(or uaf)for whom pe EIN is being request ed i &_a e S K des L,--r i—I --I-b.x1nP Our)tit S gssca i i Oki t2 Trade name of business Of different from name on line 1) 3 Executor,trustee, "cam or nape rl Saner—• —DoL,CriI II --V s tit 4a Mailing address(room,apt.,suite no.and street,or P.O.box) Sa Street address(if diff (Do not enter a P.O.box.) c I) o aox 'Yt 3 0 2S O i Peak', I Q/1kIL a 40,...W state,and ZIP code Sb City,stat d ZIP cod o uc-der ,CCU 8Q z08t LQ- cx1c-H 'e , Co Q0Oz we 6 Mud state where( Cipal businnes is located 1T lti.G�-� �(� 11l 1 O L. Ta-Er of cer. I ? Ompler.grayyygrttt��pppprrrr��drier,or Wstor 76 SSN.ITIN.or EIN/ c_p ^7 lla Type of0 � L.. L— S C� ' l0 � CJ 0� / entity only one box! 0 Estate(SSN of decedent) ❑Sole proprietor(SSN) _ 0 Plan administrator(SSN) ❑Partnership ❑ Trust(SSN of grantor) . ❑Corporation(enter form number to be Ned)►_ 0 National Guard 0 Statellocal government ❑Personal service corp. 0 Farmers'cooperative 0 Federal government/military ❑Church or church-controlled organization r�Yc I • REMIC 0 Indian tribal governments/enterprises El Other nonprofit organization(specify) ► (�{1(lt?(x�?r Der) -1 r Group Exemption Number(GEN)1 - . ❑Other(specify) ► 6b If a corporation,name the state or foreign country State 7u Foreign country (it applicable)where incorporated V 0 O 6 Reason for applying(check only one box) 0 Banking purpose(specify purpose) ► started new business(speOfy type) ► 0 Changed type of organization(specify new type) ► 'mac x51.922.5 fiSSCC.,• _ 0 Purchased going business ❑Hired employees(Check the box and see line 12.1 0 Created a trust(specify type) ► �\ ❑Compliance with IRS withholding regulations ❑ Created a pension plan(specify type) ► ❑Other(specify) ► 10 Date business started oriacguired Worth, 11 CWsin month of accounting year U // l ee-r,‘bar 12 First date wages or annuities were paid or will be paid(month,day,year).Note:Iffapplicant Is a g agent enter date income will first be paid to nonresident alien.(nnaita,day,year) - ► AT, Pi 13 Highest number of employees expected in the next 12 months.Note:If the applicant does not Agricultural Household Other expect to have any employees during the period,enter'-0-" h• — Q ^ —© — — O .T 14 Check one box that best describes the principal activity of your business. ❑ Heath care&social assistance 0 Wholesale-agauAxnka ❑ Construction 0 Rental&leasing 0 Transportation&warehousing 0 Accommodation&food service 0 Wholesale-other t] Retail 0 Real estate ❑ MawrK) other(crec -'I fONYIp�-.a � �� Manufacturing 0 Finance&insurance -a�.w-x+ttit(.th Pf SSa:: 15 Indicate principal kneof merchandise sold;specific construction work done;products produced;or services provided. KI.in 16a Has the applicant ever applied for an employer identification number for this or any other business? 0 Yes 0 No Note:If'Yes,"please complete lines 166 and 16c. 16b If you check s"on line 16a,give IR•:rleg me and trade name shown/prior cpphcation i erent from line 1 or 2 above. Legal name i 06*e5-- -iii-E f-{=-.--- Tradename-►-�-ii9. 1'e-i_- - C is7E • 16c Approximate date when,and city and state where,the application was filed.Enter previous employer identification num er i known. Approximate date when fled(mo.,day.year) City and state where filedm Previous EIN I q n- Esc— liar , L n Complete this section Daly if you want to authorize the named individual to receive the entity's EN and answer questions about the completion d this form Third Designee' name ) Desgcestelepuc number Wade sea row Party a Q 41 ° --- c� E to3) btots 9 39 O Designee s rid DP code Designee's fax number(include area co) rl lc-P-L 2 uui> r Co RQ30V 93 ) 0- --(rb- tinlder penalties d payay.I dedare that I hat examined this applimtion and to be lest of my knowledge and berth k is the,coon ad cotnPMe. 71/ Appliant%teiepuu nuts Hand am cede) e"--". Name and title hype or print clearly)► ( ) Applicant's rat number(xrkre area code) Signet= ► Date ► ( ) For Privacy Act and Paperwork Reduction Act Notice,see separate instructions. Cat.No.ira055N Form SS-4 (Rev.12-20011 ARTICLES OF INCORPORATION FOR A NONPROFIT CORPORATION Form 300 Revised October 1, 2002 Filing fee: $50.00 Deliver to: Colorado Secretary of State Business Division, 1560 Broadway, Suite 200 Denver,CO 80202-5169 This document must be typed or machine printed. Copies of filed documents may be obtained atwww sec slatecn us ABOVE SPACE FOR OFFICE USE ONLY Pursuant to § 7-122-102 and part 3 of article 90 of title 7, Colorado Revised Statutes (C.R.S.), these Articles of Incorporation are delivered to the Colorado Secretary of State for filing. 1. The entity name of the nonprofit corporation is: Pelican Shores North Homeowners Association The entity name of a nonprofit corporation may, but need not,contain the term "corporation", "incorporated", "company",or "limited"or any abbreviation of these terms.§7-90-601(3)(b), C.R.S. 2. The address of the initial principal office of the nonprofit corporation is: 2581 Park Lane Lafayette, CO 80026 3. The name, and the business address, of the initial registered agent for service of process on the nonprofit corporation are: Name Douglas A.Tiefel Business Address(must be a street or other physical address in Colorado) 2581 Park Lane, Lafayette, CO 80026 If mail is undeliverable to this address,ALSO include a post office box address: PO Box 17130, Boulder,CO 80308 4. The nonprofit corporation(-1 check appropriate box) ® will have voting members p will not have voting members 5. The provisions not inconsistent with law regarding the distribution of assets on dissolution are as follows: Upon dissolution of the Homeowners Association,all Association funds will be distributed equally among voting members. 6. The name(s) and address(es) of the incorporator(s) is(are): Name(s) Douglas A.Tiefel Address(es) 2581 Park Lane, Lafayette, CO 80026 7. The (a) name or names, and(b) mailing address or addresses, of any one or more of the individuals who cause this document to be delivered for filing, and to whom the Secretary of State may deliver notice if filing of this document is refused, are: Doug Tiefel PO Box 17130, Boulder,CO 80308 Causing a document to be delivered to the secretary of state for filing shall constitute the affirmation or acknowledgment of each individual causing such delivery, under penalties of perjury, that the document is the individual's act and deed or the act and deed of the entity on whose behalf the individual is causing the document to be delivered for filing and that the facts stated in the document are true. Disclaimer This iom,nd any relatedimtt¢&m,are sa ixnLLd to provide legal,business ur to advice.And art offered.a public smoke without eryrtssuaion o,warranty.While this form is belinN to smisfy minimum kgl requirements es of its rtruion y¢.compliance with applesble law,as the sane may&e amerMW from time.0 time,,maim tie rt,poreibili,y of it=useruftivs form.Qeaa,ou should In oddre:nod to the user's money. • Colorado Secretary of State Page 1 of 2 A r , f Colorado Secretary of St �� B(u' cinela hi iftrn tee t . RU�I 1"tec�icrs Center { tuna Cen �.E'31Sc2"' i₹ dL9t ri4z:.4 Search Business Entities Entity Detail • E-File Periodic Reports =. View History_and Documents. Registered Agent Search PELICAN SHORES NORTH Obtain Certificate of Name: HOMEOWNERS minGood Standin ASSOCIATION Search Our Site Entity ID: 20041072807 Entity Type: NONPROFIT CORPORATION Filing Date: 02/27/2004 Status: GOOD State of Incorporation: CO Term: PERPETUAL Inactive Date: N/A Last Report: Report not filed Last Report Filing ID: none Name Reservation N/A Expires: Registered Agent Name: TIEFEL DOUGLAS A Physical Address: • 2581 PARK LN LAFAYETTE Colorado 80026 PO Box: '-N PO BOX 17130 BOULDER None 80308 http://www.sos.state.co.us/cgi-forte/fortes:gi/frte_corporationProdAccess 13251522291 F081... 6/8/2004 cotorauo secretary of State Page 2 of 2 Principal Address: SAME AS REGISTERED AGENT Secondary Address: -3 View History_anndDocuments. Election£I Dusiness I Information I Dina°License I Contact Us I Home http://www.sos.state.co.us/cgi-forte/fortecgi/frte_corporationProdAccess 1 325 1 52229 1F081... 6/8/2004 • Fenn SS-4 Application for Employer Identification Number •, . 9�/ (Rev.December 20011 (For use by employers,corporations,partnerships,trusts,estates,churches, ow — p. government agencies,Indian tribal entities,certain individuals,and others.) OMB No.1545-0003 Intense ,e 9-eeenue yen See separate instructions for ach line. I" Keep a copy for your records. 1 Legal name of entity(or lo vi u}al)l for whom the Elf*tit being requested y p C t ( CL C) c]t O Re S N CAI I4 +041CC 3-v 1e15 ?S 'Q.i AI I O 2 Trade��nam�e�ofbuspines�s(if different from name on line 1) Executor,trustee, "care or or m SQ/W\JLi —DOO G1 I 1 4E 1- O 4a Mailing address(room,apt.,suite no.and street,or P.O.box) Sa Street address(if diffe (Do not enter a P.O.box.) "_ -1) © ElOk I '-t130 2S-3 I Pea-IS l qt G. 4b state,and ZIP code 5b City,stat d ZIP cod OC-ber )C0 BC3o Lacc.QH1 -e , CO S)ooz.(0 m 6 ounty and state where rncipal bus'nesq is located i— D (tit V'9 tc 1 , O L D la-fume©; otfcer,partial partner gr`arrrnnnlllttttoo«r4II(«((owner,or truster Tb SSN,IT IN. EIN IIJI T .�l I (, to �SS-7 8a Type of entity k only one box) O Estate(SSN of decedent) ❑Sole proprietor(SSN) _ O Plan administrator(SSN) O Partnership O Trust(SSN of grantor) : O Corporation(enter form number to be filed) ►_ ❑ National Guard O State/local government O Personal service corp. O Farmers'cooperative O Federal govanment/mkjury O Church or church-controlled organization REMIC O Indian tribal governments/enterprises gi Other nonprofit organization(specify) ► Group Exemption Number(GEM 8- O Other(specify) ► lib If a corporation, name the state or foreign country State (` Foreign country (4 applicable)where incorporated V© O 9 Reason for applying(check only one box) O Banking purpose(specify purpose) ► Started new business(specify tint—) ► O Changed type of organization(specify new type) ► 'ecu &3at 5 tissCe.__•_ O Purchased going business O Hired employees(Check the box and see line 12) O Created a trust(specify type) ► ❑Compliance with IRS withholding regulations O Created a pension plan(specify type) ► ❑Other(specify)P- 10 Date business started or acquir d(month, year) 11 Closin month of accounting year �. /c 7�anO wee--1T\ bar 12 First date wages or annuities were paid or will be paid(month,day,year).Note: If applicant is a withholding agent enter date income will first be paid to nonresident alien.(month,day,yead ► it,I A 13 Highest number of employees expected in the next 12 months.Note:If the applicant does not Agricultural Household Other expect to have any employees during the period,enter '-0-" ► — 0 — —© — — O 14 Check one box that best describes the principal activity of your business. O Heath care&social assistance O Wholesale-agent/broker ❑ Construction O Rental&leasing O Transportation&warehousing O Accommodation&food service O Wholesale-other O Retail O Real estate O Manufacturing ❑ Finance&insurance W t°mer(specify)4{pNyIpaAj ,03 ij SS(9C - 15 Indicate principal kne of merchandise sold;specific construction work done;products produced;or services provided. 101 .n 16a Has the applicant ever applied for an employer identification number for this or any other business? O Yes O No Note: If"Yes,"please complete lines 16b and 16c. 16b If you checked"-on line 16a,give Ica leg me and trade name shown o prior ication if ent from line 1 or 2 above.` G`t,,,. ,. Legal name ► )O6.1c.R S - i i E (_ Trade name ► i (p• L C.-11st S�Y i S E 5, !Jr 7'u 16c Approximate date when,and city and state where,the application was filed. Enter previous employer identification nu r if known. Approximate date when filed(nlo.,day,year) City and state where f 1 Previous EIN PR L- br , Q. _n . Complete this section only if you want to authorize the named individual to receive the entity's EIN and answer questions about the completion fifths form. Third Designee' name Designee's telephone number tnduie pea mid Party t /II_E E ►-- 003) 10108 a 39 U Designee es nd ZIP code Designee's tax number(include area cod.$) rl X It Y) 4 )c , per Co 30 :93 )Y © ltAS Under penalties et perjury.I declare Matthew examined this applicaltun,ad to the best of my knowledge and betel,it is true,twat[and complete. % %A Applicant's telephme amnia ®m include area ^. Name and title(type or print clearly) ► ( ) Applicant's fax number include area code) Signature ► Date ► ( ) For Privacy Act and Paperwork Reduction Act Notice,see separate instructions. Cat.No.16055N Form SS-4 (Rev.12-2061) PELICAN SHORES PUD-BLOCK 1 IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS (PRIVATE ROAD MAINTENANCE) THIS AGREEMENT,made and entered into this day of July,2004 by and between the County of Weld,State of Colorado,acting through its Board of County Commissioners,hereinafter called"County,and River Runs Through It,LLC(a Colorado limited liability company)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: Lots 1 —26 and Tract A of Block 1 Pelican Shores PUD, a subdivision in the County of Weld, State of Colorado. WHEREAS, a Final Subdivision/Planned.Unit Development (PUD)plat of said property, to be known as Pelican Shores PUD has been submitted to the County for approval, and WHEREAS,relevant Weld County Ordinances 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. 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 fmal 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, 1 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,al:its own expense,a qualified testing company previously approved by the County to perform all tesl:ing of materials or construction that is required by the County; and shall furnish copies of test results to the County. 3.3 At all times during said construction,the County shall have the right to test and inspect,or to require testing and inspection of material and work at Applicant's expense. Any material or work not conforming to the approved plans and specifications shall be removed and replaced to the satisfaction of the County at Applicant's expense. 3.4 Applicant shall furnish proof that proper arrangements have been made for the installation of sanitary sewer or septic systems,water, gas, electric and telephone services. 3.5 Said Subdivision or Planned Unit Development improvements shall be completed,according to the terms of this Agreement, within the construction schedule appearing in Exhibit B. The Board of County Commissioners, at its option, may grant an extension of the time of completion shown on Exhibit B upon application by the Applicant subject to the terms of Section 6 herein. 4.0 Release of Liability: Applicant shall indemnify and hold harmless the County from any and all liability loss and damage County may suffer as a result of all suits,actions or claims of every nature and description caused by, arising from, or on account of said design and construction of improvements, and pay any and all judgments rendered against the County on account of any such suit, action or claim, 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. 2 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 fords 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. 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: 3 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. 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. 8.2.4 A building permit hold shall be placed on the encumbered property. 8.3 Escrow Agreement that provides at least the following: 4 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 determines there is a default of the Improvements Agreement, the escrow agent,upon request by the County,shall release any remaining escrowed funds to the County. 8.4 A surety bond given by a corporate surety authorized to do business in the State of Colorado in an amount equivalent to One-Hundred percent(100%)of the value of the improvements as specified in the Improvements Agreement. 8.5 A cash deposit made with the County equivalent to One-Hundred percent(100%)of the value of the improvements. 9.0 Request for Release of Collateral: Prior to release of collateral for the entire project or for a portion of the project by Weld County,the Applicant must present a Statement of Substantial Compliance from an Engineer registered in 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. 9.5 A letter must be submitted from the appropriate Fire Authority indicating the fire hydrants are in place in accordance with the approved plans. The letter shall indicate if the fire hydrants are operational and state the results of fire flow tests. 9.6 The requirements in 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. 5 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 the Weld County Subdivision Ordinance, 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 the Weld County Subdivision Ordinance. 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. IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed on the day and year first above written. APPLICANT: RIVER RUNS THROUGH IT,LLC a Colorado limited liability company Doug Tiefel as Manager State of Colorado } } ss. County of Boulder } The foregoing instrument was acknowledged before me this day of July, 2004 by DOUG TIEFEL as Manager of River Runs Through It, LLC, a Colorado limited liability company. Witness by hand and official seal. Notary Public Commission expiration: _ 6 BOARD OF COUNTY COMMISSIONERS .----, WELD COUNTY, COLORADO M. J. Geile,Chair Glenn Vaad, Chair Pro-Tern ATTEST: William H. Jerke Weld County Clerk to the Board David E. Long BY: Deputy Clerk to the Board Robert D.Masden APPROVED AS TO FORM: County Attorney 7 EXHIBIT A Name of Subdivision or Planned Unit Development: Pelican Shores, PUD Filing: Block 1 Location: Northwest corner of Weld County Roads 13 and 26 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) Estimated Construction Improvements Ouantity Units Unit Costs Cost Site grading Street grading $ 106,812 Street base Street paving $ 277,350 Curbs, gutters and culverts $ 25,455 Sidewalk $ 26,765 Storm sewer facilities $ 64,108 Retention ponds Ditch improvements Subsurface drainage Sanitary sewers $ 98,154 Trunk and forced lines Mains Laterals(house connected) 1 L.S. $ 800 $ 800 Off-site water facilites $ 97,006 On-site water supply $ 136,396 Water mains(includes bore) Fire hydrants Survey and street monuments and boxes 1 L.S. $ 10,000 $ 10,000 Street lighting 5 $ 2,000 $ 10,000 Street name signs 10 $ 150 $ 1,500 Fencing requirements Landscaping 1 L.S. $ 19,765 $ 19,765 Park improvements Road culvert Grass lined swale Telephone 26 per lot $ 1,000 $ 26,000 Gas 1 L.S. $ 168,500 $ 168,500 Electric 26 per lot $ 2,500 $ 65,000 Water transfer 26 per lot $ 11,000 $ 286,000 Subtotal $ 1,419,611 Engineering and supervision costs$ 1 L.S. $ 15,000 $ 15,000 $ 1,414,611 8 (Testing, inspection, as-built plans and work in addition to preliminary and fmal plat; supervision of actual construction by contractors) TOTAL ESTIMATED COST OF IMPROVEMENTS AND SUPERVISION $1,434,611.00. The above improvements shall be constructed in accordance with all County requirements and specifications, and conformance with this provision shall be determined solely by Weld County,or its duly authorized agent. Said improvements shall be completed according to the construction schedule set out in Exhibit B. APPLICANT: RIVER RUNS THROUGH IT,LLC a Colorado limited liability company Doug Tiefel as Manager Date: July ,2004. (If corporation,to be signed by President and attested to by Secretary,together with corporate seal.) 9 EXHIBIT B Name of Subdivision or Planned Unit Development:Pelican Shores PUD Filing: Block 1 Location: Northwest corner of Weld County Roads 13 and 26 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 two (2) 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 July-December,2004 Street base August-November, 2004 Street paving September-November, 2004 Curbs,gutters and culverts August-November, 2004 Sidewalk August-November, 2004 Storm sewer facilities August-November,2004 Retention ponds Ditch improvements Subsurface drainage August-November, 2004 Sanitary sewers August-November,2004 Trunk and forced lines August-November,2004 Mains August-November, 2004 Laterals(house connected) August-November, 2004 On-site sewage facilites On-site water supply and storage Water mains(includes bore) July-October,2004 Fire hydrants July-October, 2004 Survey and street monuments and boxes July-December,2004 Street lighting September-December, 2004 Street name signs October-November,2004 Fencing requirements Landscaping August-November, 2004 Park improvements Road culvert Grass lined swale September-November, 2004 Telephone September-November, 2004 Gas September-November,2004 Electric September-November, 2004 Water transfer July-September, 2004 10 The County, at its option,and upon the request of the Applicant,may grant an extension of time for completion for any particular improvements shown above,upon a showing by the Applicant that the above schedule cannot be met. APPLICANT: RIVER RUNS THROUGH IT,LLC a Colorado limited liability company TITLE: Doug Tiefel as Manager Date: July 2004 (If corporation,to be signed by President and attested to by Secretary,together with corporate seal.) 11 PELICAN SHORES PUD-BLOCK 2 IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS (PRIVATE ROAD MAINTENANCE) THIS AGREEMENT,made and entered into this day of July,2004 by and between the County of Weld,State of Colorado,acting through its Board of County Commissioners,hereinafter called"County,and Columbine Land Resources, Inc.,a Colorado corporation,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: Lots 1 — 14 and Tract B of Block 2 Pelican Shores PUD,a subdivision in the County of Weld, State of Colorado. WHEREAS, a Final Subdivision/Planned Unit Development (PUD) plat of said property, to be known as Pelican Shores PUD has been submitted to the County for approval,and WHEREAS,relevant Weld County Ordinances 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. 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 fmal statement of construction cost to the County. 2.0 Rights-of-W av 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. 1 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. 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) rr 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 2 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 fmds 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. 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. s1 7.3 The applicant intends to develop in accordance with Exhibits A and B. 3 8.0 Improvements Guarantee: The five types of collateral listed below are acceptable to Weld County subject to fmal 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. 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 final fifteen percent(15%),or one year from the date of Final Plat approval, whichever occurs first. Said letter shall stipulate that,in any event,the Letter of Credit shall remain in full force and effect until after the Board has received sixty (60) days written notice from the issuer of the Letter of Credit of the pending expiration. Said notice shall be sent by certified mail to the Clerk to the Board of County Commissioners. 8.2 Trust Deed upon all or some of the proposed development or other property acceptable to the Board of County Commissioners provided that the following are submitted: 8.2.1 In the event property within the proposed development is used as collateral, an appraisal is required of the property in the proposed development by a disinterested Member of the American Institute of Real Estate Appraisers(M.A.I.)indicating that the value of the property encumbered in its current degree of development is sufficient to cover One-Hundred percent (100%)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. 4 8.2.3 A title insurance policy insuring that the Trust Deed creates a valid encumbrance which is senior to all other liens and encumbrances. 8.2.4 A building permit hold shall be placed on the encumbered property. 8.3 Escrow Agreement that provides at least the following: 8.3.1 The cash in escrow is at least equal to One-Hundred percent(100%)of the amount specified in the Improvements Agreement. 8.3.2 The escrow agent guarantees that the escrowed funds will be used for improvements as specified in the agreement and for no other purpose and will not release any portion of such funds without prior approval of the Weld County Board of Commissioners. 8.3.3 The escrow agent will be a Federal or state-licensed bank or fmancial institution. 8.3.4 If Weld County determines there is a default of the Improvements Agreement, the escrow agent,upon request by the County,shall release any remaining escrowed funds to the County. 8.4 A surety bond given by a corporate surety authorized to do business in the State of Colorado in an amount equivalent to One-Hundred percent(100%)of the value of the improvements as specified in the Improvements Agreement. 8.5 A cash deposit made with the County equivalent to One-Hundred percent(100%)of the value of the improvements. 9.0 Request for Release of Collateral: Prior to release of collateral for the entire project or for a portion of the project by Weld County,the Applicant must present a Statement of Substantial Compliance from an Engineer registered in 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. 9.5 A letter must be submitted from the appropriate Fire Authority indicating the fire hydrants are in place in accordance with the approved plans. The letter shall indicate if the fire hydrants are operational and state the results of fire flow tests. 5 9.6 The requirements in paragraphs 9.0 thru 9.5 shall be noted on the fmal 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 fmal 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 the Weld County Subdivision Ordinance, 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 the Weld County Subdivision Ordinance. 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 Assiens: 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. 6 IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed on the day and year first above written. APPLICANT: Columbine Land Resources,Inc. aColorado corporation Doug Tiefel as President ATTEST: Secretary (Corporate Seal) State of Colorado } } ss. County of Boulder } The foregoing instrument was acknowledged before me this day of July,2004 by Doug Tiefel as President of Columbine Land Resources, Inc., a Colorado corporation. Witness by hand and official seal. Notary Public --Commission expiration: BOARD OF COUNTY COMMISSIONERS WELD COUNTY,COLORADO M.J. Geile,Chair Glenn Vaad, Chair Pro-Tem ATTEST: William H.Jerke Weld County Clerk to the Board David E. Long By: Deputy Clerk to the Board Robert D. Masden APPROVED AS TO FORM: County Attorney 7 EXHIBIT A Name of Subdivision or Planned Unit Development: Pelican Shores, PUD Filing: Block 2 Location: West side of Weld County Road 13 and between Weld County Roads 26 and 28 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) Estimated Construction Improvements Quantity Units Unit Costs Cost Site grading Street grading 1 L.S. $ 46,260.00 $ 46,260.00 Street base 5700 1.f. $ 2.10 $ 11,970.00 Street paving 8335 s.y. $ 10.80 $ 90,018.00 Curbs,gutters and culverts $ - Sidewalk $ - Storm sewer facilities 1 l.s. $ 3,610.00 $ 3,610.00 Retention ponds $ - Ditch improvements $ - Subsurface drainage $ - Sanitary sewers 1 l.f. $ 11,430.00 $ 11,430.00 Trunk and forced lines $ - Mains $Laterals(house connected) On-site sewage facilites $ - On-site water supply $ - Water mains(includes bore) $ - Fire hydrants $ - Survey and street monuments and boxes I L.S. $ 8,000.00 $ 8,000.00 Street lighting 3 $ 2,000.00 $ 6,000.00 Street name signs 5 $ 150.00 $ 750.00 Fencing requirements $ - Landscaping 1 L.S. $ 10,275.00 $ 10,275.00 Park improvements $ - Road culvert $ _ Grass lined swale $ - Telephone 14 per lot $ 1,000.00 $ 14,000.00 Gas 1 L.S. $ 168,500.00 $ 168,500.00 Electric 14 per lot $ 2,500.00 $ 35,000.00 Water transfer 14 per lot $ 11,000.00 $ 154,000.00 Subtotal $ 559,813.00 Engineering and supervision costs$ 1 L.S. $ 15,000.00 $ 15,000.00 S 574$3.00 8 (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 $ 574,813.00. The above improvements shall be constructed in accordance with all County requirements and specifications, and conformance with this provision shall be determined solely by Weld County,or its duly authorized agent. Said improvements shall be completed according to the construction schedule set out in Exhibit B. APPLICANT: Columbine Land Resources,Inc. a Colorado corporation Doug Tiefel as President Date: 2004 ATTEST: Secretary (Corporate Seal) (If corporation,to be signed by President and attested to by Secretary,together with corporate seal.) 9 EXHIBIT B Name of Subdivision or Planned Unit Development:Pelican Shores PUD Filing: Block 2 Location: West side of Weld County Road 13 and between Weld County Roads 26 and 28 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 two (2) 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 July,2004-December, 2005 Street base August,2004-November,2005 Street paving September,2004 -November,2005 Curbs,gutters and culverts Sidewalk Storm sewer facilities Retention ponds Ditch improvements Subsurface drainage August, 2004-November,2005 Sanitory sewers August, 2004-November,2005 Trunk and forced lines Mains Laterals(house connected) On-site sewage facilites On-site water supply and storage Water mains(includes bore) July, 2004-October,2005 Fire hydrants July,2004-October, 2005 Survey and street monuments and boxes July,2004-December,2005 Street lighting September, 2004-December, 2005 Street name signs October, 2004-November, 2005 Fencing requirements Landscaping August, 2004-November, 2005 Park improvements Road culvert Grass lined swale September, 2004-November, 2005 Telephone September,2004-November,2005 Gas September, 2004-November, 2005 Electric September, 2004-November,2005 Water transfer July, 2004- September, 2005 10 The County, at its option, and upon the request of the Applicant,may grant an extension of time for completion for any particular improvements shown above,upon a showing by the Applicant that the above schedule cannot be met. APPLICANT: Columbine Land Resources,Inc. a Colorado corporation Doug Tiefel as President Date: 2004 ATTEST: Secretary (Corporate Seal) (If corporation,to be signed by President and attested to by Secretary,together with corporate seal.) 11 . Report Date: 07/14/2004 10:06AM WELD COUNTY TREASURER Page: 1 STATEMENT OF TAXES DUE SCHEDULE NO: R1763102 ASSESSED TO: RIVER RUNS THROUGH IT LLC n PO BOX 17130 BOULDER, CO 80308-0130 LEGAL DESCRIPTION: PT SE4 36-3-68 BEG SE COR S89D58'W 2627.04' N01 D27'E 1283.91' N81D37'E 58.13'N53D51'E 140.68'N59D33'E 512.78'S68D58'E 75.33'S49D16'E 205.50'S72D46'E 198.53'S84D55'E 102.48'TO CURVE TO LEFT 268.49' RADIUS=300'C/A 51 D16' CHORD=N69D26'E 259.62' N43D47'E 77.93'TO CURVE TO LEFT 246.68' RADIUS=500'C/A 28D16' CHORD=N29D39'E 244.19' N15D31'E 142.74' N08D35'E 182.55' N36D24'E 170.49' N66D09'E 285.60'N88D48'E 680.86'S01 D32'W 2349.90'TO POB EXC BEG SE COR S89D58'W 2627.04' N01 D32'E 1156.25'S81 D52'W 446.64' SO9DO0'E 307.28'SO4D05'W 327.31' S24D42'W 272.85' S78D26'W 75.43' N86D59'W 335.42' N62D40'W 254.46' N05D09'E 208.01' N76D53'E 182.51' N44D48'E 296.41'N01 D16'E 372.29' N45D38'W 30.84' S68D48'W 217.85' S63D10'W 113.33'S68D12'W 92.34' S67D00'W 169.38'N89D19'W 39.88' N66D48'W 292.82' S73D00'W 111.06 S48D35'W 101.33' S13D33'E 115.12' S38D54'E 163.26'S26D19'E 127.54' S57D17'W 41.84' S85D35'E 159.66' S06D25'E 163.06'SO4DO1'E 188.89' S22D32'W 55.76'S59D26'W 64.24' S87D07'W 262.45' S86D36'W 244.80' N71D39'W 62.13' N89D33'W 168.33' N87D35'W 208.88' N81D16'W 128.46' NO2D07'E 168.10' N08D57'W 92.83' NOOD48'W 227.72'NO3D56'E 237.45' N36D18'E 158.20'NOODOO'E 87.92' N40D48'W 118.41' N01 D57'E 18.79' N88D32'W 102.58'S01 D27'W 12.23.69' N89D58'E 2627.04'TPOB ALSO EXC ELY 30'&ALSO EXC COMM E4 COR SOD14'E 301.32' S87D01'W 30.04'TO POB SOD14'E 428.10'S89045'W 13.85' NO2D04'W 224.56'N23009'W 82.58' NOD52'W 125' N87D01'E 54.65'TO POB DEDICATED AS ROW FOR WCR 13 PARCEL: 120736400063 SITUS ADD: TAX YEAR CHARGE TAX AMOUNT INTEREST FEES PAID TOTAL DUE 2003 TAX 15,874.96 0.00 0.00 15,874.96 0.00 TOTAL TAXES 0.00 GRAND TOTAL DUE GOOD THROUGH 07/14/2004 0.00 ORIGINAL TAX BILLING FOR 2003 TAX DISTRICT 2313- Authority Mill Levy Amount Values Actual Assessed WELD COUNTY 21.474 4,578.47 VACANT LAN 735,200 213,210 SCHOOL DIST RE1J 40.374 8,608.13 NCW WATER 1.000 213.21 TOTAL 735,200 213,210 r SVW WATER 0.243 51.81 CWC WATER 0.000 0.00 MTN VIEW FIRE(BOND 2008) 0.300 63.96 WELD LIBRARY 3.249 692.72 LONGMONT CONSERVATION 0.000 0.00 MOUNTAIN VIEW FIRE 7.817 1,666.66 TAXES FOR 2003 74.457 15,874.96 h �� 6d 4t`aa��',e^> 5 1, { "G , f `# -,7t'g�'w`x 'S k � f '`ux 3 p v 'r r"�r .:,;v "` rr ,'v4C ' c r iyit.z* i4 i .r �, c s � at�,A�, 4 � �� y -�S a 3� a w s `. 5'�'aiWi -.^.+5f y'a '�4.8^ -.txN a '3`.d^h° i '!"ai`'Ei aX•6{ 'ffi` - 'y�,"' ,�' '"$5 � `4 K&s^ 3,J .3".0 *y t }.^ g<1 c r x 2 nr Y 3 1 •,71 e 4 J- rn € `*" t,4_ r }✓ „:,<•. ,,,,,.. .,<,-,- .E-,''°f,�� ' } z n. `a ayi x n r x -' "`:�st'4„ - - i ,,..r �s , c0Ack ,40.<�' re'z �* xs ' t , , `'"� a. t 5 4 r`� w'₹ 9 t�.Y""r'°/,.i''r eats n,'"�'{{t[[ s s ,vva,^u'u4.c141a:'' Z .f4"�i .r,'. 2"t' +bete,,. z� ^�,-s, �� v r�� '�d$04 .4-C t x3gk . - 'k,�. ict,.' °Fj xr,. tit x"r.;�a"# •'''Y'1,--,et,;meRE*c:tv ..,e ,5 +a > ax xr d, C". 1 mss. h,�61 i t- t^x ,�' r > 4� � �Si � cs � '�1� a�y� � ,g- fi f's ywf '€. x `s'Y.'f3�" •�i s�*: K' - t , sr a t ,:tm^n t n �i r f. t o K ` 7S 't 3 T ''_.via a '' s r a t' , c•*" s 1t ''"..^ i L a,.: r ✓.L..c` i# c y a s 74 `'rte, * 'CSa t� f i yt . �- w i �� Y, w e w s c F u c�. ,C a y e r k 7� � # #� Y �:. . ,�� ' ant to the Weld County�Subdivi tonOrdinance theattache Stateme t(s) of 'axes s ,ua.n a' a '? �F. 'nce t at,"t s°Ea 3a3 c}v ' K" '' _. i:4,4 ue 4iittfi C. ow.p9 0nreAUIBt V1vtCnCe ..%*-J,P Aje.,24 ,.WP,S. "fy'-aICCS> - �« 11:riafkiTilPgaitt'af4eigrivre: apeC alg e pr Cea iens nT �ueand payable on ected"wt h the parcels) e >4s f ':e e'EC k3 n 4x` �-,�r,Z'f C 'h f x ;.fC6.tivy rn nl)�tra etfa. `,t' _. p: ,�.3a„`4` .s+ a �'x' t: ,A t,.;," -':..ibetwAt gs " ,.. r z^e z4 y t ti ^s ':e ms"w rrw`f, r v�v ^ m z' nt �3 y,t `z ,, NA F °t Y c 4 y ¢t a&$ t t x to 7x d = �iA'.' a'*� ,sa`Y�'y-- r.:'ik"t : ;....,ti i%.,..,4 °•_.4.a. i' x u ,cz :1�^ r i �` 'c r s • #; N r mi 9 q ♦Y� s .t q s 's Yx �.-y`°,y '. .# "� w.�'w'y ,. *i�.a ,,'b� '' ,a i dvi•-'3�ss ? aF .. t''' 'i z '₹ yp' 2 es- } �'a 9i a f \ Z � 3 �A Fs.CC ,a , '# �+ t s far srn j ..1,a .,yam 4 ,,iV - • -14 $' Atit rs ). r "x,. '4 e.,•ox2, + .�• azA k `?^ `�i •, if-4--- -te -, �t✓� ya,P "av _ ,4).?"- "' i'r off '' ry d t .� � � r � r mat � � t �� '�rf�z� �� x � � � `''� r ,ti Renort Date: 07/14/2004 10:05AM WELD COUNTY TREASURER Page: 1 STATEMENT OF TAXES DUE SCHEDULE NO: R1762602 ASSESSED TO: TIEFEL DOUGLAS A n PO BOX 17130 BOULDER, CO 80308-0130 LEGAL DESCRIPTION: PT S2NE4 36-3-68 BEG NW COR S2NE4 S89D43'E 1336.54' 564D49'E 569.19' TO CURVE TO RIGHT 569.19' RADIUS=330'C/A 50D27' CHORD=S39D35'E 281.32'S14O21'E 111.76' N69D50'W 550.04'N85D15'W 321.70' S84D45'W 401.24'S80O36'W 400.62'S77D37'W 402.68'S50O28W 62.88'N01 D27'E 585.86'TO ROB PARCEL: 120736100061 SITUS ADD: TAX YEAR CHARGE TAX AMOUNT INTEREST FEES PAID TOTAL DUE 2003 TAX 4,033.40 0.00 0.00 4,033.40 0.00 TOTAL TAXES 0.00 GRAND TOTAL DUE GOOD THROUGH 07/14/2004 0.00 ORIGINAL TAX BILLING FOR 2003 TAX DISTRICT 2338- Authority Mill Levy Amount Values Actual Assessed WELD COUNTY 21.474 1,091.09 VACANT LAN 175,200 50,810 SCHOOL DIST RE1J 40.374 2,051.41 NCW WATER 1.000 50.81 TOTAL 175,200 50,810 SVW WATER 0.243 12.35 CWC WATER 0.000 0.00 MTN VIEW FIRE(BOND 2008) 0.300 15.24 ST VRAIN SAN 4.925 250.24 WELD LIBRARY 3.249 165.08 LONGMONT CONSERVATION 0.000 0.00 MOUNTAIN VIEW FIRE 7.817 397.18 --- TAXES FOR 2003 79382 4,033.40 ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY AND MOBILE HOMES-AUGUST 1, REAL PROPERTY-AUGUST 1. TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIERS CHECK. P.O. Box 458 Greeley,CO 80632 (970)353-3845 ext.3290 «L ^f j " . f y` l � e ' ta"k 'ea-W v,a' 9".3,'�+hz . t s""ib U' a y'N i,,A ".t 'o-`.:,°-a^ .g i s-`C'3 r "' a k &',k �L.: ' '`�tili-° t r "..+?,$ s y .ifs „''t z r r - . .•i. `"I wtr' Y:i° v s 1 k. .,�„ 3.31„ � n` p.4 ->zf xt s §•fza r":, e � ,$ k "' s r7 ,s '^ '" k - s -mss ,:k'- 4 ae� a '3�x ' ,,.:�'`�.r n;- '' ,t zi�a F kthti' �.,rn -' 71,31- s x+„ T � r 4 ,4,4 y --(s` 'b �.S;s„t T-xi,-; * y'tFr4 ;, 5 ' C�' a as .t „mt.. afre s w-� ` ' E a •1 r sly' r S '• �,,.. ea: ,r �^y �' IA s R ' ,� . t'a as i t >r' ? £+-`s� `-"€�' Y '' ice` �' #6. x k �Y r3 3 aa�y 4* x s � yV N „y, x v. .t'i't L a tr.;di'e' Y k Y' . .11,4,;,;,;: l.?, a#�7t... C 3-d1 .P "'..e' 5v aL g F 3�: o j .;:4 o'' .e '3 '- 4"J '.# , �'d` , � s> Xf � .��-5°.��,��f*^°� r�4s �-K ��-^v w # z 5� '.-v �Av�.t ¢+ *¢ `,y ; �+�i '�� f �' rs h `y ' i:. 4 Y,,,,,,,,,„<„ -t,„:. {,„1„.4.4,„`s °ai ' uant,to atd C A ulsd vlsr n Orddiinanceethe ached Stater ent(s�' ,axes �z a +sued •,rt t s;.n a r u Le,:+. ° r v^+ x 'v s all propertyfaxes, j � e al� �S ments r sWns rretitly dde and payableconncctea wtth'the. aree'l{s) 3 . "'Identified ta h ue L h, a. af' a #elt c i ₹" r a ` 5 v ' .fC n i v 1. 4 `'�-tT -sE £ r n' t ?:: u` g '9 dentr rec ther`edha Is eett Ala vi :9y t _ "'' Jc '''',,-e.. . A'fi t 2 # antil� VA% . . :;: 3 $d''' e -Nam '' �' fi t a v —U44490 e §..L6y ,�r sF 3.ice. - �,.Y; 3=- i}t a ', }:r a`# ,a ta4 ?: �£ k 2v t ▪ 2 � 2 B .t.13'� sat 3 r w ,£.a F l t . °x . tC5S `•�- k. •'l fi s- s ,.,t-S'iy �i r� �" 4. v � t � j`. �. s xr lz `� r .><. � ,� ,w -A.'.3,fi s � 'gyp �'t s' f} s' r tt v Y� 'xx ��'a; 8-,�, r gkt e•taQ'� ,54 4 v'r•`a.,a ,* > e O4i -€ r'x r, x 3e} 4: f „'+"$a5f§. .LL t / #v $� �� 'v3-'�F s'i 0." Date ss r?z� j. Y'l X, ( '� # e '" . �' ,-kl-g!1 'T +' v'icr �,'u" - v..r t h 4` t n .,��`S4"` vr'Y4Ayei. Y+s -r,rM 3spy' i�`k k i a-vnn x A,f eei (`f �R r kt^S . > K x tti - i4 r, is a ai-'as`�' ''`f'a" * - '3'" c a," a -y t -fr y.'. '3'Y ▪st &.Y '#' . ' '4i- .. r- �k ':t: t c,;-.:00:41;',42.e,::‘-)4,..-- -- aT star ' `. , ,. $t ° : r f i ' B Y '4 b`pe nt -...t ` nc�.'-..'a ..3 5 v; Report Da e: 07/14/2004 10:05AM WELD COUNTY TREASURER Page: 1 STATEMENT OF TAXES DUE SCHEDULE NO: R0551201 ASSESSED TO: RIVER RUNS THROUGH IT LLC PO BOX 17130 BOULDER, CO 80308-0130 LEGAL DESCRIPTION: PT SE4 36 3 68 BEG SE COR S89D58'W 2627.04' N01D32'E 1156.25'S81D52'W 446.64'S09D00'E 307.28'SO4D05'W 327.31'S24D42'W 272.85'S78D26'W 75.43'N86D59'W 335.42' N62D40'W 254.46'N05D09'E 208.01'N76D53'E 182.51' N44D48'E 296.41'N01D16'E 372.29' N45D38'W 30.84'$68D48'W 217.85'S63O10'W 113.33' S68D12'W 92.34' S67D00'W 169.38' N89D19'W 39.88' N66D48'W 292.82' S73000'W 111.06 S48D35'W 101.33' S13D33'E 115.12' S38D54'E 163.26' S26D19'E 127.54'S57D1TW 41.84'S85D35'E 159.66'S06D25'E 163.06' SO4DO1'E 188.89' S22D32'W 55.76' S59D26'W 64.24'S87D07'W 262.45'S86D36'W 244.80' N71D39'W 62.13' N89D33'W 168.33' N87D35'W 208.88' N81D16'W 128.46'N02D07'E 168.10' N08D57'W 92.83' NOOD48'W 227.72'N03O56'E 237.45' N36D18'E 158.20'NOODOO'E 87.92'N40D48'W 118.41' NO1D57'E 18.79'N88032'W 102.58'S01D27'W 1223.69' N89D58'E 2627.04'TPOB. (2.59R) PARCEL: 120736000059 SITUS ADD: TAX YEAR CHARGE TAX AMOUNT INTEREST FEES PAID TOTAL DUE 2003 TAX 2,968.08 0.00 0.00 2,968.08 0.00 TOTAL TAXES 0.00 GRAND TOTAL DUE GOOD THROUGH 07/14/2004 0.00 ORIGINAL TAX BILLING FOR 2003 TAX DISTRICT 2338- Authority Mill Levy Amount Values Actual Assessed WELD COUNTY 21.474 802.90 RESIDENTIAL 469,725 37,390 SCHOOL DIST RE1J 40.374 1,509.58 NCW WATER 1.000 37.39 TOTAL 469,725 37,390 SVW WATER 0.243 9.09 CWC WATER 0.000 0.00 MTN VIEW FIRE(BOND 2008) 0.300 11.22 ST VRAIN SAN 4.925 184.14 WELD LIBRARY 3.249 121.48 LONGMONT CONSERVATION 0.000 0.00 MOUNTAIN VIEW FIRE 7.817 292.28 TAXES FOR 2003 79.382 2,968.08 ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY AND MOBILE HOMES-AUGUST 1, REAL PROPERTY-AUGUST 1. TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIERS CHECK. P.O. Box 458 Greeley, CO 80632 (970)353-3845 ext.3290 1 a yr r 3.4 }C z e, - 4. 3 s 0 4 x -�• s `' x ? 44 r . _v` .. 4� 1 ra et' t v4;'t k� �aa<tF:-�'# 'T Oa- k , s x z 4 9 x .:` '�1 '�s z '� � rF'�1 , 7 s t 5 t � x .. ' i �i 2 �T � �z � -a n t r �'+��, 4 .WELD COUN,t �y�. RE SURER Y i _ <� 4 ' Y f c Yry't y _v k1 4 Ira kV`z 'x7}t 4,hw'. r 0. f i_4 Sip ,� R. }y ., �, F r ursuant to he ebb1�Gounty.Subdivision rdinance,£.k.e attachedState tjs)of '.axes > T a .it:;:a: a .3 LL, i- U t. a A-4 'u: } rf 'rvya"il o.vs,- 14 '°° 'r,F� a,<ie V *e < Due s issued h9O4 e �/ e ce t 'at,k sf spa e°atl. r OTC es `` I .":414,::;11;111 , ^ -. - C a e e ts' si 1 u, � T '4,,- 0 e C 7 pectcd N 0 . `ccel ' " - `r� { �s n Syr �`;, „,. :e &* ' lit- - z 3 c 3 r Ablej1 e�e1,e�t� been\D d4 01 d -ts,.,' , t't P1,,, ,C .... +'z'SE ' c '�'a' S7a ray 3 r F°r * 4 A e"��` fr } K 4 s4 tk '`Y37,:icy ,� .-'�' . -4` 4 Y,C`:S .,sd rtm Cr; �. s s J1r - < ,. `l. r 1 i;„x t -, 's, �' , r v.y u, a _ .4' a =f �s z5 Signe - i� � � ►" Date `: Report Date:07/14/2004 10:04AM WELD COUNTY TREASURER Page: 1 STATEMENT OF TAXES DUE SCHEDULE NO: R1763202 ASSESSED TO: TIEFEL DOUGLAS A " ' PO BOX 17130 BOULDER, CO 80308-0130 LEGAL DESCRIPTION: S2NE4/SE4 36-3-68 EXC BEG NW COR S2NE4 S89D43'E 1336.54'S64D49'E 569.19'TO CURVE TO RIGHT 569.19' RADIUS=330'C/A 50D27' CHORD=S39D35'E 281.32'S14O21'E 111.76'N69D50'W 550.04' N85D15'W 321.70' S84D45'W 401.24' S80D36'W 400.62'S77D37'W 402.68'S50D28'W 62.88' N01 D27'E 585.86'TO POB ALSO EXC BEG SE COR S89D58'W 2627.04' N01 D27'E 1283.91' N81D37'E 58.13' N53D51'E 140.68'N59D33'E 512.78' S68D58'E 75.33' S49D16'E 205.50' S72D46'E 198.53' S84D55'E 102.48' TO CURVE TO LEFT 268.49' RADIUS=300'C/A 51D16' CHORD=N69D26'E 259.62' N43D47'E 77.93'TO CURVE TO LEFT 246.68' RADIUS=500'C/A 28D16' CHORD=N29D39'E 244.19' N15D31'E 142.74' N08D35'E 182.55' N36D24'E 170.49'N66D09'E 285.60'N88D48'E 680.86'SO1 D32'W 2349.90'TO POB ALSO EXC ELY 30'&EXC COMM E4 COR SOD14'E 301.32'S87D01'W 30.04' TO POB S87D01'W 54.65'N0D52'W 4.12' N16D56'W 85.91'W 123.36' NOD14'W 175.44'N80D51'E 119.45' NOD14'W 223.33' NOD2TW 16'N43D07'E 72.45' NOD14'W 226.13'N89D46'E 35' SOD14'E 493.62'SOD14'E 302.75' TO POB DEDICATED AS ROW FOR WCR 13 PARCEL: 120736100062 SITUS ADD: TAX YEAR CHARGE TAX AMOUNT INTEREST FEES PAID TOTAL DUE 2003 TAX 6,088.36 0.00 0.00 6,088.36 0.00 TOTAL TAXES 0.00 GRAND TOTAL DUE GOOD THROUGH 07/14/2004 0.00 ORIGINAL TAX BILLING FOR 2003 TAX DISTRICT 2313- Authority Mill Levy Amount Values Actual Assessed WELD COUNTY 21.474 1,755.93 VACANT LAN 281,500 81,640 SCHOOL DIST RE1J 40.374 3,301.39 AGRICULTUR 443 130 NCW WATER 1.000 81.77 -- - SVW WATER 0.243 19.87 TOTAL 281,943 81,770 CWC WATER 0.000 0.00 MTN VIEW FIRE(BOND 2008) 0.300 24.53 "---' WELD LIBRARY 3.249 265.67 LONGMONT CONSERVATION 0.000 0.00 MOUNTAIN VIEW FIRE 7.817 639.20 TAXES FOR 2003 74.457 6,088.36 ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY AND MOBILE HOMES-AUGUST 1, REAL PROPERTY-AUGUST 1. TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIERS CHECK. P.O. Box 458 Greeley,CO 80632 (970)8 353-3845 y ext.3290 1 ..S 3�l g1 . x.�t--S��-' `3 d..- �e77. y 2 :.y- . - . y y'b. 2 S F Y::;-,-.:'7,-/ -:;"5 1 Y i �•• .1 .. 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