HomeMy WebLinkAbout20002674 Weld County Planning Dept.
PLANNED UNIT DEVELOPMENT FINAL PLAN APPLICATION `.CEP O7 2000
FOR PLANNIN DEP RT ENT USE ONLY:
Case Number Application Fee:
Zoning District Receipt Number —`
Date Application Checked By:
Planner Assigned to Case: �'—
BE COMPLETED BY APPLICANT: (Print or type only except for required signatures).
I (we), the undersigned, hereby requests the Department of Planning Services to administratively review this
application or request a hearing before the Board of County Commissioners. if applicable, concerning the Final Plan
of this proposed subdivision of the following described unincorporated area of Weld County.
LEGAL DESCRIPTION: Attached
(If additional space is required, attach an additional sheet of this same size.)
PARCEL NUMBER: 1 3 1 3 1 0 0 0 0 0 6 3 (12 digit number found on Tax I.D.or obtained in Assessor's Office
NAME OF PROPOSED PUD SUBDIVISION
EXISTING ZONING p.U.D. Re_sidenti al CHANGE OF ZONE CASE NUMBER 2-57 4
TOTAL AREA (ACRES) 10037 TOTAL AREA(acres) OF COMMON OPENSPACE 51 acres
NO. OF PROPOSED LOTS 353 LOT SIZE: AVERAGE 3,000 sg ft MINIMUM 2,400 sq I t
UTILITIES: WATER: NAME Left Hand Water District
SEWER: NAME St. Vrain Sanitation District
GAS: NAME KN Energy
PHONE: NAME Qwest
ELECTRIC: NAME United Power
DISTRICTS: SCHOOL: NAME St. Vrain Valley School District RE-1J
FIRE: NAME Mountain View _
ENGINEERS NAME Manhard Engineering PHONE 303-708-0500
ADDRESS 8232 E. Park Meadows Drive, Littleton CO 80124 PHONE
SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR PUD FINAL PLAN:
NAME: Bromley 132, L.L.C. HOME TELEPHONE:
ADDRESS: P.O. Box 247, Eastlake, CO 80614 BUS. TELEPHONE: 303--4`>7-2966
NAME: HOME TELEPHONE:
ADDRESS: BUS. TELEPHONE:
APPLICANT OR AUTHORIZED AGENT(if different than above):
NAME: Kent Carlson HOME TELEPHONE:
ADDRESS: P.O. Box 247 , Eastlake, CO 80614 _ BUS. TELEPHONE: 303-47-'946
OWNER(S)AND LESSEES OF MINERAL RIGHTS ON OR UNDER THE SUBJECT PROPERTIES.
NAME: HS Resources
ADDRESS: 1999 Broadway #3600, Denver, CO 80202
SI ta( ture: Owner or Authorized Agent
22 2000-2674
Legal Description
The NW1/4NE1/4 of Section 10, Township 2. North, Range 68 west of the 6th P.M. ,
Weld County, Colorado, except that portion Deeded to The Department of
Highways by Deed recorded December 1, 1970, in Book 636 as Reception No.
1558219 described as follows:
Beginning at a paint on the west property line, from which the NW corner of
Section 10, which bears N86°04'W, a distance of 1,320.00 feet;
1. Thence S89°36'E a distance of 1,166.2 feet;
2. Thence S89 49'E a distance of 149.9 feet;
3. Thence N83°03'30"E a distance of 201.6 feet; •
4. Thence S89°49'E a distance of 1,650.00 feet;
5. Thence N84 28'15"E a distance of 251.2 feet;
6. Thence S89°49'E a distance of 23.0 feet to the property line;
7. Thence N45°39'E along the property line, a distance of 27.2 feet to the
south right of way line S.H. 119 (Oc.1969) ;
8. Thence S89 55'E along the south right of way line of S.H. 119 (Oct. 1.969) ,
a distance of 65.0 feet;
9. Thence NO°34'E a distance of 30.0 feet to the north line of Sec. 10;
10. Thence N89 55'W, along the north line of Sec. 10, a distance of 3,522.7
feet to the NW corner of the NE1/4NW1/4 of Sec. 10;
11. Thence S0°49'30"W, along the west line of the NE1/4NW1/4 of Sec. 10, a
distance of 88.7 feet, more or less to the point of beginning;
EXCEPTING therefrom that portion platted as Western Dairymen Cooperative,
Inc. , by the plat recorded January 21, 1998 as Reception No. 2590085.
NOTE: The above legal description will be amended upon receipt of requirement
No. 1 Schedule B, Section 1.
Idaho Creek PUD
-Weld County, Colorado-
PUD FINAL PLAN
Submitted By: Bromley 132, L.L.C.
PO BOX 247
Eastlake, Co. 80614
Date: September 6, 2000
OF21a1NAL
Idaho Creek
"Final PUD Plan"
Development Information
7.3.1 A copy of the "Change of Zone"plat is included with this submittal
7.3.2 A title commitment is included with this submittal
7.3.3 A copy of the land dedication agreement with the School District has been
included with this submittal.
7.3.4 See above 7.3.3
7.3.5 A copy of a"Tax Certification" showing no delinquent taxes has been submitted
with the title commitment.
7.3.6 The Engineers Certificate is included with this submittal.
7.3.7 A copy of the Covenants, Conditions and Restrictions for the subdivision are
included with this submittal.
7.3.8 Improvements Agreements are included with this submittal.
7.3.9 Weld County Road 7.5 and all the internal streets within Idaho Creek will be
Publicly dedicated Rights-of-Way. These streets will be dedicated in un-
incorporated Weld County and will fall under the jurisdiction of Weld County
Public Works. The streets have been designed under Weld County guidelines and
were reviewed by the Public Works department for the Change of Zone Plat.
7.3.10 An Off-site Roads Improvement Agreement has been included with this submittal
7.3.11 The Idaho Creek PUD will be built in three (3) phases. Below is a probable
schedule of the amount of dwelling units to be built in each phase, the duration of
time for each phase and the common open space construction schedule:
Phase/# Of Units Time Common O.S. Improvements
1 / 150 12-16 mos. Central Park and "Tot Lot"
2 / 150 12- 16 mos. Trail Corridors & Outdoor Classroom
3 / 53 6-8 mos. All O.S. will be complete
Infrastructure improvements including; grading, water lines, sewer lines, drainage
and streets shall begin in the second quarter of 2001 for Phase 1. Construction of
the Phase 1 homes will commence in the third quarter of 2001.
Phase 2 infrastructure improvements will likely start in the second quarter of 2002
with the construction of the Phase 2 homes following in the third or fourth quarter
of 2002.
Phase 3 improvements and home construction will conclude in the fourth and first
quarters of 2003 and 2004 respectively.
7.3.12 Kaufman and Broad of Colorado will be the home builder at Idaho Creek.
Kaufman and Broad is a large, public builder that ranks within the top five (5) in
the nation as far the number of homes built per year in the U.S. Kaufman and
Broad will be financing the Idaho Creek infrastructure and housing improvements
through internal "Lines of Credit."
A list of infrastructure improvements and cost has been included along with the
"Improvements Agreements" in this submittal.
7.3.13 A list of adjacent property owners has been included within this submittal
7.3.14 A list of mineral owners has been included within this submittal
7.3.15 The"Change of Zone" for Idaho Creek was approved for 353 single family lots.
The "Final PUD"plan also contains 353 lots with the same lot and general street
configuration as was approved for the "Change of Zone." The applicants are
stilling planning to dedicate 10+/- acres of land in the Southwest corner of the site
to the St. Vrain School District. All of the common open space, parks, trails, and
signs for the "Final PUD" will all adhere to the same character and location as
was approved for the "Change of Zone." The applicant is also not asking for any
deviations in setbacks or street widths for the"Final PUD."
7.3.16 to 18 Included with this submittal
Conditions for Final PUD
-As determined by the Weld County Commissioners from Change of Zone-
3.A An Off-Site Improvements agreement has been included with this submittal
B. An On-Site Improvements agreement has been included with this submittal
C. The applicants have reached an agreement with the St. Vrain Sanitation District
to provide for additional sewer capacity and taps.
D. The applicants have reached an agreement with Left Hand Water District that will
provide for taps for all lots at Idaho Creek.
E. A copy of the executed School District agreement has been included in this
submittal
F. The enclosed copy of the Covenants, Conditions and Restrictions includes the
method of trail maintenance for Idaho Creek.
G. and H. Included in the Covenants, Conditions and Restrictions
Aala
Jl� ` , _ __ _ , _ ^ LLQeton
V'j(/'1wI1�Jj[/���J�L' Littleton
CONSULTING 8232 E. Park Meadev s Drive
\J I ittleton,:Al 80124
.111
303.'08.0500
i'• fax:303.'08.0400
Email: intremanhan. con-
ILLINOIS
Vernon Hills
847.634.5580
Downers Grove
630.115.8800
FINAL DRAINGE REPORT
IDAHO CREEK SUBDIVISION
WELD COUNTY, COLORADO
August 31 , 2000
•
Prepared For:
Carlson Associates
12460 1" Street
Eastlake, Colorado 80614
laigineers
Si rveyors
Prepared By:
Manhard Consulting, Ltd Fanner,
8232 E. Park Meadows Drive
Littleton, Colorado 80124
Manhard Consulting,Ltd_
I. Introduction 3
3
A. Location
B. Site Description. 3
C. Existing Drainage Pattern 3
II Criteria . .
A. Technical Information
3
B. Previous Report 3
C. Drainage Impacts 4
D. Hydrologic Criteria 4
III. Drainage Facility Design 4
A. Drainage Patterns 5
B. Offsite Considerations 5
C. Calculations 5
D. Detention 5
IV. Opinion Of Probable Cost. 5
V. Conclusion
Page 2
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Manhard Consulting,I
I. Introduction
A. Location
The Idaho Creek Subdivision is located in Weld County in the North half of
Section 10 of Township 2 North, and Range 68 West of the 6th Principle Meridian. A
vicinity map is located in the appendix.
B. Site Description
The site consists of 100 +/- acres of undeveloped land. The western 40 acres is
within the Idaho Creek Floodplain. This area was previously mined for gravel and
several ponds remain. The eastern most ten acres have several utilities and an irrigation
ditch running through it. Both of these areas will remain relatively undisturbed The
remaining 50 acres has been used for agriculture. These 50 acres will be developed into
single family housing as a function of this development
To the north is an existing subdivision consisting of commercial lots that are
primarily undeveloped To the east is a trailer park of single-family residences. To the
west and south is agricultural land
C. Existing Drainage Pattern
The site generally drains from south to north. Idaho Creek flows from south to
north in the site. The developable land slopes at less then 1% down to the north and west.
•
II. Criteria •
A. Technical Information
This report was prepared in substantial compliance with the"Weld County
Subdivision Ordinance 173-E" and the "Urban Storm Drainage Criteria Manual"
(USDCM) volumes 1,2 & 3.
B. Previous Report
Pickett Engineering Company submitted a Preliminary Drainage Port Dated
September 28, 1998. This study is in substantial compliance with that report. The
preliminary report called for a series of inlets to be located in the roads to collect the
C 11 Page 3
Manhard Consulting,I Ad.
runoff. The runoff would be piped to the existing gravel pit / pond to the west. The
existing pond would be used as a wet detention pond. Do to the size of the existing pond
the impact of the developed runoff would be insignificant
C. Drainage Impacts
The existing subdivision to the north has a sidewalk at the property line. This
sidewalk has two low points that discharge onto the Idaho Creek site through two
sidewalk chases. The drainage from these chases uses a swale on Idaho Creek
Subdivision. The swale west half of the swale will adjusted to allow the runoff to drain
to the existing 15" CMP culvert. The eastern half of the swale will be cut off at a
proposed drive and the runoff will be collected in a flared end section (FES).
Ditches and Idaho Creek surround the east, west and south side of the
development. This development will not temper with the ditches or the creek. The water
ways isolate the site from any off site impacts.
D. Hydrologic Criteria
This report studied the 5 year and 100 year storm event in compliance with
Paragraph 10.13.4 of Weld County Subdivision Ordinance I73-E. To study these storms
the Rational method was used because the site being developed is 50 acres. The C values
were obtained from USDCM. The intensity data was obtained from the 1994 Rainfall
Intensity Data from the City of Greeley.
The required storage was calculated using USDCM equation Volume = K x Area.
Where K100 = (1.781-0 00212-3 56)/1000 and I = percent impervious. The volume of the
pond was calculated with the FAA method
III. Drainage Facility Design
A. Drainage Patterns
Due to the flat nature of the site the proposed roads were graded with a saw tooth
pattern of up and down This pattern created 43 low points on the 50-acre site. Each of
the low points is a design point with an inlet. The basins, design points and inlets are
numbered / named with the same number for each to allow for easy cross-referencing.
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laanhard Consulting,Ltd.
The flows at each design point are checked for street capacity and inlet sizing. All inlets
are 5' CDOT Type R inlets. All pipes in Maple Street and East of Maple Street are sized
to receive the 100-year event. All pipes west of Maple Street are sized for the 5--year
event The 100-year event overflow would be allowed to flow overland in the tracts and
west on Idaho Creek Parkway to the Detention Pond.
B. Offsite Considerations
The south, east and west sides of the site are bound by irrigation ditches and Idaho
Creek. These channels isolate the site from off site runoff. The site does not direct any
runoff towards the irrigation ditches. The site will be discharging into Idaho Creek. The
subdivision to the north allowed for discharge onto the proposed site. This drainage and
the developed flows adjacent to the north boundary line are collected on site and routed
to Idaho Creek.
C. Calculations
The rational method was used for calculating the runoff from the developed site.
Runoff Coefficients were calculated for basins with combined uses. The three dominant
uses on site are Residential, Road and Open Space. USDCM Standard Form 1 was used
to calculate the time of concentration for each of the basins. The following spreadsheets
were used to calculate runoff, pipe design and.hydraulic grade line.
D. Detention
The ponds all have the same elevation as the ground water table. This and the
soils report indicate that the porous nature of the ground allows easy flow of water
through the ground. This will allow for a gradual release of the storm runoff An outlet
structure would only increase the discharge rate. There is a natural weir on the west side
of the pond near the north property line. This natural weir will provide for an emergency
overflow that is below the improvements on the site.
IV. Opinion Of Probable Cost
ONSITE STORM SEWER IMPROVEMENTS
I 18" RCP Storm Sewcr Pipe 2195 LF $19.90 $4'680.50
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Manhard Consulting.Ltd.
2 24" RCP Storm Sewer Pipe 1634 LF $23.50 $38,39990
3 30" RCP Storm Sewer Pipe 2715 LF $29.00 $78,735 00
4 18" FES 2 EA $270.00 $540 00
5 30" FES 3 EA $375.00 $1,125.00
6 5'Type R Inlet 43 EA $1,780.00 $76,540.00
7 4'Dia.Manhole 13 EA $1,575.00 $20,475 00
8 5'Dia. Manhole 12 EA $1,800.00 $21,600 00
TOTAL ONSITE STORM SEWER IMPROVEMENTS $281,094 50
V. Conclusion
This drainage report presents the calculations and design results for the
stormwater drainage system proposed for the development Idaho Creek Subdivision in
compliance with"Subdivision Ordinance 173-E, Weld County Colorado" and "Urban
Storm Drainage Criteria Manual". The stormwater management system was designed
to adequately drain the 5-year and 100-year storm events, minimizing the hazards of local
flooding.
C 116 Page 6
RUNOFF COEFFICIENTS
Subdivision: Idaho Creek Project Name: Idaho Creek
Location: County of Weld, State of Colorado Project No: CI 16 KBCWCC
Calculated By: TAC
Checked By:
Date: 8/11/00
STREETS / DEVELOPED OVERLAND/UNDEVELOPED WEIGHTED
TOTA
L
BASIN AREA AREA C5 C100 AREA C5 C100 C5 C100
_
(Acres) (Acres) (Acres)
_
2 1.0 0.1 0.88 0.93 0.9 0.01 0.20 0.10 0.27
3 1.6 1.6 0.45 0.60 0.0 0.01 0.20 0.45 _ 0.60
4 2.1 2.1 0.45 0.60 0.0 0.01 0.20 0.45 0.60
5 1.5 1.5 0.45 0.60 0.0 0.01 0.20 0.45 0.60
6 1.3 1.3 0.45 0.60 0.0 0.01 0.20 0.45 0.60
7 1.0 1.0 0.45 0.60 0.0 0.01 0.20 0.45 0.60
8 1.0 1.0 0.45 0.60 0.0 0.01 0.20 0.45 0.60
_
11A 0.2 0.2 0.45 0.60 ; 0.0 0.01 0.20 0.45 0.60
11B 0.9 0.9 0.45 0.60 ' 0.0 0.01 0.20 0.45 0.60
12A 4.8 4.8 0.45 0.60 0.0 0.01 0.20 0.45 0.60
I3A 2.2 2.2 0.45 0.60 0.0 0.01 0.20 0.45 0.60
13B 1.0 1.0 0.45 0.60 0.0 0.01 0.20 0.45 0.60
16A 0.3 0.3 0.45 0.60 0.0 0.01 0.20 0.45 0.60
17A 0.7 0.7 0.45 0.60 0.0 0.01 0.20 0.45 0.60
17B 15 1.5 0.45 0.60 0.0 0.01 0.20 0.45 0.60
17C 1.3 1.3 0.45 0.60 0.0 0.01 0.20 0.45 0.60
18A 1.0 1.0 0.88 0.93 0.0 0.01 0.20 0.88 0.93
18B 2.0 0.6 0.88 I 0.93 1.4 0.01 0.20 0.27 0.42
20A 1.4 1.4 0.88 0.93 0.0 0.01 0.20 0.88 0.93
20B 2.3 1.6 0.88 0 93 0.7 0.01 0.20 0.62 0 71
I STREETS / DEVELOPED OVERLAND/UNDEVELOPED WEIGHTED
TOTA _,_.N
L
BASIN AREA AREA CS C100 AREA CS C100 CS O00
(Acres) (Acres) (Acres)
22A 0.4 0.4 0.45 0.60 0.0 0.01 0.20 0.45 0.60
22B 0.9 0.9 0.45 0.60 0.0 0.01 0.20 0.45 0.60
23A 0.6 0.6 0.45 0.60 0.0 0.01 0.20 0.45 0.60
23B 1.0 1.0 0.45 0.60 0.0 0.01 0.20 0.45 0.60
24A 0.5 0.5 0.45 0.60 0.0 0.01 0.20 0.45 0.60
24B 1.3 1.3 0.45 0.60 0.0 0.01 0.20 0.45 0.60
_
24C 0.9 0.6 0.45 0.60 0.3 0.01 0.20 0.28 0.45
26 0.5 0.0 0.45 0.60` 0.5 0.01 0.20 0.01 0.20
27 0.7 0.7 0.45 0.60 0.0 0.01 0.20 0.45 0.60
31 0.6 0.6 0.45 0.60 0.0 ' 0.01 0.20 0.45 0.60
32 0.6 0.6 0.45 0.60 0.0 0.01 0.20 0.45 0.60
33 0.2 0.2 0.45 0.60 0.0 0.01 0.20 0.45 0.60
37A 0.6 0.6 0.45 0.60 _ 0.0 0.01 0.20 0.45 0.60
38A 0.6 0.6 0.45 0.60 0.0 0.01 _ 0.20 0.45 0.60
38B 0.8 0.8 0.45 0.60 _ 0.0 0.01 0.20 0.45 0.60
39A 0.5 0.5 0.45 0.60 0.0 _ 0.01 0.20 0.45 0.60
39B 0.8 0.8 0.45 0.60 0.0 0.01 0.20 0.45 0.60
44A 1.4 1.4 0.45 0.60 0.0 0.01 0.20 0.45 0.60
44B 1.2 1.2 0.45 0.60 0.0 0.01 0.20 0.45 0.60
47A 0.5 0.5 0.45 0.60 0.0 0.01 0.20 0.45 0.60
47B 0.5 0.5 0.45 0.60 0.0 0.01 0.20 0.45 0.60
47C 0.5 0.5 0.45 0.60 0.0 0.01 0.20 0.45 _ 0.60
48A 2.0 1.7 0.45 0.60 0.4 0.01 0.20 0.37 0.53
48B 1.3 1.3 0.45 0.60 0.0 0.01 0.20 0.45 0.60
48.0
STANDARD FORM SF-1
TIME OF CONCENTRATION
Subdivision: Idaho Creek Project Name: Idaho Creek
Location: County of Weld, State of Colorado Project No: C116 KBCWCC
Calculated By: TAC
Checked By:
Date: 8/11/00
SUB-BASIN INITIAL/OVERLAND TRAVEL TIME Tc CHECK
DATA (T;) (Ti) (URBANIZED BASINS) FINAL
BASIN D.A. CS L S T; L S VEL. T, COMP. TO TOTAL MIN.T, TO
ID (AC) (FT) (%) (MIN) (FT) (%) (FPS) (MIN) (MIN) LENGTH(FT) (MIN) (MIN)
2 1.6 0.01 25 2.0 8.1 500 0.5 0.5 16.7 24.8 525 12.9 12.9
3 1.6 0.01 25 2.0 8.1 490 0.5 0.5 16.3 24.4 515 12.9 12.9
4 2.1 0.01 50 2.0 11.5 490 0.5 0.5 16.3 27.8 540 13.0 13.0
5 _ 1.5 0.01 50 2.0 11.5 380 0.5 0.5 12.7 24.1 430_ 12.4 12.4
6 _ 1.3 0.01 50 2.0 11.5 330 0.5 0.5 11.0 22.5 380 12.1 12.1
7 1.0 0.01 50 2.0 11.5 200 0.5 0.5 6.7 18.1 250 11.4 11.4
8 1.0 0.01 50 2.0 11.5 480 0.5 0.5 16.0 27.5 530 12.9 12.9
HA 0.2 0.01 25 2.0 8.1 150 0.5 0.5 5.0 13.1 175 11.0 11.0
11B 0.9 0.01 50 2.0 11.5 150 0.5 0.5 5.0 16.5 200 11.1 11.1
12A 4.8 0.01 300 1.0 35.3 1700 1.0 0.7 40.5 75.8 2000_ 21.1 21.1
13A 2.2 0.01 50 2.0 11.5 510 0.5 0.5 17.0 28.5 560 13.1 13.1
13B 1.0 0.01 50 2.0 11.5 400 0.5 0.5 13.3 24.8 450 12.5 12.5
I6A 0.3 0.01 50 2.0 11.5 250 0.5 0.5 8.3 19.8 300 11.7 11.7
17A 0.7 0.01 25 2.0 8.1 610_ 0.5 0.5 20.3 28.4 635 13.5 13.5
17B 1.5 0.01 50 2.0 11.5 550 0.5 0.5 18.3 29.8 600 13.3 13.3
17C 1.3 0.01 50 2.0 11.5 280 0.5 0.5 9.3 20.8 330_ 11.8 11.8
18A t 1.0 0.01 10 2.0 5.1 600 0.R 0.6 16.7 21.8 610 13.4 13.4
18B 2.0 0.01 100 2.0 16.2 700 0.5 0.51 23.3 39.5 800 14.4 14.4
20A I4 0.01 50 2.0 11.5 920 0.6 0.6 27.9 39.3 970 15.4 15.4
20B [ 2.3I 0.01 20 2.01 7.3 9201 0.61 0.61 27.9 35.1 940 15.2 15.2
22A 1 0.4 0.01 25 2.0 8.1 120 0.5 0.51 4.0 12.1 145 10.8 10.8
22B 0.9 0.01 50 2.0, 11.5 600 0.5 0.51 20.0 31.5 650 13.6 13.6
SUB-BASIN INITIAL/OVERLAND TRAVEL TIME -Cc CHECK
DATA (T) (T,) (URBANIZED BASINS) FINAL
BASIN D.A. C5 L S T; L S VEL. T, COMP. T, TOTAL MIN.T, T,
ID (AC) (FT) C/o) (MIN) (FT) (%) (FPS) (MIN) (MIN) LENGTH(FT) (MIN) (MIN)
23A 0.6 0.01 50 2.0 11.5 210 0.5 0.5 7.0 18.5 260 11.4 11.4
23B 1.0 0.01 25 2 0 8 1 600 0.5 0.5 20.0 28.1 625 13.5 13.5
24A 0.5 0.01 50 2.0 11.5 210 0.5 0.5 7.0 18.5 260 11.4 11.4
24B 1.3 0.01 50 2.0 11.5 460 0.5 0.5 15.3 26.8 510 12.8 12.8
24C 0.9 0.01 50 2.0 11.5 220 0.5 0.5 7.3 18.8 270 11.5 11.5
26 0.5 0.01 100 2.0 16.2 850 1.5 0.8 16.9 33.1 950 15.3 15.3
27 0.7 0.01 25 2.0 8.1 250_ 0.5 0.5 8.3 16.4 275 11.5 11.5
31 0.6 0.01 50 2.0 11.5 220 0.5 0.5 7.3 18.8 270 11.5 11.5
32 0.6 0.01 50 2.0 11.5 130 0.5 05 4.3 15.8 180 11.0 11.0
33 0.2 0.01 50 2.0 11.5 100 0.5, 0.5 3.3 14.8 150 10.8 10.8
37A 0.6 0.01 25 2.0 8.1 220 0.5 0.5 7.3 15.4 245 11.4 11.4
38A 0.6 0.01 50 2.0 11.5 200 0.5 0.5 6.7 18.1 250 11.4 11.4
38B 0.8 0.01 50 2.0 11.5 240 0.5 0.5 8.0 19.5 290 11.6 11.6
39A 0.5 0.01 50 2.0 11.5 180 0.5 0.5 6.0 17.5 230 11.3 11.3
39B 0.8 0.01 50 2:0 11.5 280 0.5 0.5 9.3 20.8 330 11.8 11.8
44A 1.4 0.01 25 2.0 8.1 310 0.5 0.5 10.3 18.4 335 11.9 11.9
44B 1.2 0.01 100 2.0 16.2 200 0.5 0.5, 6.7 22.9 300 11.7 11.7
47A 0.5 0.01 50 2.0 11.5 170 0.5 1.5 1.9 13.4 220 11.2 11.2
476 0.5 0.01 50 2.0 11.5 170 0.5 0.5 5.7 17.1 220 11.2 11.2
47C 0.5 0.01 25 2.0 8.1 210 0.5 0.5 7.0 15.1 235 11.3 11.3
48A 2.0 0.01 50 2.0 11.5 420 0.5 0.5 14.0 25.5 470 12.6 12.6
48B 1.3 0.01 50 2.0 11.5 360 0.5 0.5 12.0 23.5 410 12.3 12.3
NOTES:
Ti_(1.8*(1.1 -CS)*(L)^0.5)/(S"0.33)
T-1 /66,0V (Velocity Frnm Fig. 1-91
Tc Check = 10+L/180
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C
�
INL-17A MH-17 0 7 0 60 0 42 0 42 13 5 13 50 6 69 2 81 28' I8" 1 50% 1 50% 12 86 7 28 6 40 37% 0 07 54 88 IC 52 26 52 24 0.00 51 38 50.96
INL-17B MH-17 15 0 60 0 92 0 92 13 3 13 30 674 6.19 62' 18" 1 50% 1.50% 12.86 7 28 7.77 Transition 0.13 54 91 TC 52 46 52.24 0 00 51 41 50.48
INL-17C MH-17 1 3 0.60 0.78 0.78 11 8 1180 7.09 5 53 53' I8" I 50% 1 50% 12.86 7 28 7.59 Transition 0.12 54.73 TC 52 39 52.24 000 51.23 50.44
MH-17 MH-I6 000 2 12 13 57 6 67 14 14 351' 30" 0.20% 0.20% 18 34 3 74 4 37 72% 1.34 54 53 P 52 24 51 54 0.00 50.44 49.73
INL-16A M11-16 0 3 0 60 0 18 0 18 1 1 7 11 70 7.1 I 1.28 61' IS" 400% 4 00% 21 00 11 88 5 69 15% 0 18 56 34 TC 53 07 51 19 0.00 52 84 50 40
MH-I6 INL-7 000 2.30 14 91 6 36 14 62 222' 30" 0.87% 0 87% 38 24 7 79 7 93 Transition 0 47 55 96 P 51 19 50 91 0 00 49 73 47 80
1NL-8 INL•' 1 0 0 60 0 58 0 58 12.9 12.90 3 66 2.11 69' 18" 1 00% 0.04% 10 50 5 94 5.08 Pressure 0.23 52 94 TC 50 94 50 91 000 48 44 47 75
INI:7 INI.-o ;0 i;Ott 0 59 346 11 4 15 38 3 37 1 1 68 157' 30" 0 30% 0 08% 22 46 4 58 496 Pressure 0 53 52 49 TC 50 91 50 78 0 00 47 75 47 28
!NI.-6 1N1.-5 1 3 0 60 0 77 4 24 12 1 15 90 3 34 14 13 42' 30" 0.30% 0 12% 22 46 4.58 5 16 Pressure 0 14 51 78 TC 50 78 50 73 0.00 47.28 47 15
INL-5 1NL-4 1 5 0.60 0 92 5 15 12 4 1604 3 33 17 15 161' 30" 0.30% 0.17% 22 46 4.58 5 35 Pressure 0.50 51 78 TC 50.73 50 45 0.00 47.15 46 67
INL-4 INL-3 2.1 0 60 1 27 0 42 !3 0 16 54 3 29 21 14 42' 30" 0.30% 0.27% 22 46 4 53 5.42 Pressure 0 13 50 72 TC 50 45 50 34 000 46 67 46 54
1NL-13A MH-13 2.2 0.60 1.29 I 29 13 1 13 10 6 78 8.75 36' 24" 0.90% 0 15% 21 45 6.83 7 05 Pressure 0.09 52.93 TC 51 99 51 93 0.00 48.64 48.32
IN'L-138 MH-13 1 n n60 061 061 12 5 12 50 693 4.24 37' 18" 1.00% 0.16% 10.50 5.94 6.12 Pressure 0.10 53 14 TC 52.00 51.93 0.00 49.64 49.27
Ml{-13 MH-12 0 00 1 90 13 I9 6 76 12.87 326' 30" 0 10% 0.10% 12 97 2.64 3 10 Pressure 1.75 52 78 P 51 93 51 61 0.00 48.32 47.99
INL-I2A MH-12 4.8 024 1 I4 1 14 21 I 21 10 555 634 90' 18" 0.60% 0.36% 8 13 4.60 5 40 Pressure 0 28 52 00 G 51 94 51 61 0.00 49.00 48 46
MH-12 MH-10 000 3.04 21 38 5 51 :5 7!s 37' 30" 0 30% 0.17% 22.46 4 58 5 33 Pressure 0.12 54 A2 P 51.61 51.55 0.00 47.99 47.88
INL-1 IA MH-I I 0.2 0.60 0.09 009 11 0 11 00 7 28 065 12' 18" 0.30% 0.30% 5.75 3.25 2.20 25% 0.09 54.47 TC 52.04 52.04 0.00 50.97 50.93
INL-I IB MI-I-11 0 9 0 60 0.54 0 63 1 1 1 11 10 7 25 4.57 41' IS" 0 30% 0.30% 5 75 3 25 3.83 74% 0.18 54 43 TC 52.12 52.04 000 50.93 50.81
MI-I-11 MH-10 0.00 0.72 1 1 28 7 21 5.19 108' 18" 0 30% 0.30% 5 75 3 25 3.87 82% 0.47 54 12 P 52.04 51.72 000 50.81 50.48
MH-10 MH-9 000 3.76 2i 49 5.50 20.69 345' 30" 0.30% 0.25% 22.46 4 58 5.43 Pressure 1.06 5380 P 51 55 5067 0.00 47.88 46.84
MH-9 INL-3
L00 3 76'• , 7155 5 36 70 17 '39' 3n" 0 25 0 2_4% 2_0 50 4 18 4 9! Pressure 0 47 51 2_2 P 50 67 50 34 0 00 46 84 46 50
-
I'9I.-3 1 MH-2 1 6 060 I 0 94 11 12 13 01 23 02 I 2 84 31 56 I 123' 30" 0 30% 0 59% 22 46 4 58 6 43 Pressure 0 32 50 72 TC 511 34 49 61 0 00 46 50 46 13
1 I I I I i
MH-2 I FES-1 0 00 11 12 123 34 2.82 31 32 190' 30" 0 07% 0 58% 10 62 2 16 6 38 Pressure 0 50 52.69 P — 49 61 48 50 0.00 46 13 46 00
''n gLoca , Tributary Area 1ntenstry Runoff Y Design Pro rlt s
f °E �'S : }i� 'Y 2 N �� ..t�€* c . ryc ^cak a:" t rI*�.
1 �4"f a �.L£baald 0 .. 1;x. .. �' C a...�, yt '�w+'.rfm.*+3; L aSm..> __ ....a. »]., — _
INL-18A INL-I8B 1,98 0.27 U 53 u53 14.4 1440 347 1.86 88 18" 050% 050% 7.43 4.20 3.85 40% 0.38 49-29 TC 4756 4754 0.00 46.79 4635
IN!•18B FES-3 101 0.88 089 142 134 14.78 3.43 488 120` 18" 029°%j0.29% 5.67 321 1 381 79% 053 4929 P 4754 4719 00U 4635 1 46.00
Pq,G Lau 1 Tributary Area [n4ps Runoff eDeslgn Profile
4p(6.. e@ 5 I i. e+a 17-t:'11-7-474,7
x"rl i s FF a r q LY'hd ! 7 s c„�� C drt i ,._s. a
INL-24A MH-24 05 060 0.32 092 11.4 11.40 3.85 122 12 IS" 1O0% 1.00% 10.50 5.94 4O5 25% 005 53.00 "IC 5020 50.20 0.00 4950 49.38
INL-24R MH-24 13 0.60 0.76 0.76 128 i 2.80 367 2.80 42' I8" 0.50% 0.50% 743 420 426 48% 0.16 53.00 TC 5023 50.20 000 49.50 49.29
INL-24C M11-24 09 0.28 0.25 025 116 11.60 3.82 , 0.94 Ill IS" 050% 050% 7.43 420 2.98 26% 0.70 53.50 TC 5040 50.20 0O0 50O0 49.38
MH-24 MH-23 0 00 1.33 12 96 3.65 4 84 200' 18" 0.60% 0.60% 8.13 4.60 5.14 61% 0.65 52.70 P 50.20 49 34 0.00 49 29 48,09
INI.-73A MH-23 06 060 0.36 0.36 I 11.40 3.85 138 12' I8" 1.00% 1.00% 10.50 5.94 4.30 27% 005 53.00 TC 49.91 49.79 0.00 4950 49.38
INL-23B MH-23 ?3 0.60 138 138 13.5 13.50 3.59 495 42' 18" 0.90% 0.90% 9.96 5,64 6O6 55% 0.12 53.00 TC 50.32 49.94 0O0 4950 49.1?
MH-23 MH-22 0.00 3.07 13.62 3.57 10.95 179' 24" 060%O 060% 1752 558 628 62% 047 52.70 P 4934 48.31 000 4809 47.02
INL- 2A 1,1H 32 0.1 060 022 I J2_1 308 110.80 3.9? 089 IS" 1600% 6 00% 257^- 14.56 4.69 9% I 0.04 5316 IC 4929 4857 000 49.16 4844
INI 228 Ml-22 0 8 0.60 048 0 48 13 6 13 60 3.57 1 72 42' I S" 2 50% 2 50% 16.60 9 40 6 04 23% 0 12 53 16 'IC 49 50 48 44 0 00 49 16 48.11
MH22 FES-3 0.00 37h 1409 - 51 1322 192' 30" 033"0 0.55% 2983 608 658 52% 0.50 5269 P 4831 4729 000 4702 4600
tFe Lqc Tributary Area .. [nlens�ry Rune a es+ga
' "vp z tl id Sv •
x : a4
e T7�
t:a- 2 uu r iail'hicn�.. o.,�. at . >�;t1 �
INL-20B INL-20A 1.8 9 62 1 12 1.12 15 4 15.40 3.37 3 76 88 18" 1 00% 1 00% 10 50 5 94 5.96 47% 0.25 52 57 TC 49.77 49 53 0 00 49 07 48.19
INL-20A FES-4 14 088 122 122 15.2 15.65 3.35 4.10 50 I8" 6.14% 6.14% 26.02 14.72 11.50 31% 907 52.57 TC 4953 46.46 0.00 49.07 46.00
Tributary Area Intensity Runoff Pipe Desit Profile
(.!ii. .Area -c.
li
,,te�aa,,., 1 ,
rs.a..Yro.sU) :�arae. .�_ .11{ 9R'i.�L>a ..::.t,.�'� ._ ...... _i ----- - --
r
f'.1.-48.4 MH-SR ?0 0 53 104 114 6 13(2 6 v0 62' 18" 100% 100'/e 10 50 5.94 6.82 66% 0 15 53.97 TC 51.61 51.32 000 50.47 49.85
INL-488 MH 48 I.3 060 0.78 0 78 2+ 12 30 6 9° ;l 38' 18" 100% 1.00% 10.50 5.94 6.44 56% 0.10 54.15 TC 51.49 51.11 0.00 50.65 50.27
1
MH-48 MH-46 0 OD 1.82 12 75 6.87 12 52 150 24" 0.50% 0.50% 1599 5.09 ` 5 97 ( 73"%. 0.42 53.84 P 51.32 50 57 000 49 85 49 10
INL-474 MH-47 0.5 060 0.32 0.32 11 2 11 20 7.23 2.34 60' 18" 0.30% 0 30% 5.75 3.25 3 36 50''. 0.30 55.32 TC 52.57 52 39 0.00 51.82 51 64
1NL-47B MH-47 0.5 0.60 0.27 0.27 1 1 2 11 20 7 23 1.95 32' 18" 1.00% 1.00% 10.50 5.94 4 95 34% 011 55.56 TC 52.57 52.25 0.00 52.06 51.74
INL-47C MH-47 0 5 0.60 0 28 0.28 1 1 3 1130 7.21 1.99 56' 18" 1.00% 1.00% 10.50 5.94 4.98 34% 0 19 55.33 P 52.84 52 28 0.00 52.33 51 77
41H-47 M11-46 0.00 1.87 I 1 50 7 16 6.23 384' 18" 0.30% 0.35% 5 75 3 25 3 52 Pressure 1.82 55.04 P 53.34 51.99 0.00 51.64 50.49
MH-46 INI.-32 000 269 1331 6 73 1814 168' 24" 0.20% 064% 10 11 3 22 5 78 Piessuu u 48 54 78 P 51 85 50 76 9.113 49 lu 48 76
INL-33 INL-32 0.2 u ou 0.14 0 14 iu.a 10 80 3 92 0.56 64' 18" 2.00% '_.004. 14.85 8 40 2 98 !O.'. n 36 54.90 TC 51.05 40 77 0 00 co on 40 62
INL-32 INL-31 0.6 0.60 0 37 3 21 11.0 13.80 3.55 11.39 164' 30" 0.20% 0.20% 18.34 3.74 4.20 62% 0,65 5443 IC 50.32 49.99 0.00 48.76 48.44
lP L.3I INL-30 0 6 060 0.36 3.57 113 14.45 3 47 12.31 42' 30" 0.20% 0 20% 18 34 3.74 4 27 66% 0 16 54.96 TC 50.08 49.99 0.00 48.44 41.35
INL-30 INL-29 0 9 060 0.52 4.09 11 6 14.61 3 45 14 11 150' 30" 0.20% 0.20% 18 34 3.74 4 37 72% 0.57 54.96 TC 50.16 49 86 0.00 4835 48 05
INL-29 MH-28 0.7 0.60 0.44 4 54 11.5 15.18 3.39 15.36 36' ' 30" 0.20% 0.14% 18.34 3.74 4 42 Pressure 0.14 55.84 TC 50.66 50 61 0.00 48 05 4798
INL-41.A MI-1-44 1 4 0.60 0.84 0 84 I1 8 11 80 7 09 5 95 6' IS i 00% 100% 10.50 5.94 6.57 59% 0.02 55.10 IC 52.48 52.42 0.00 51 60 51.54
INL-448 MH-44 1.2 0 60 0 72 0 72 1 18 1180 7.09 5.10 37 18" 1.00% 1.00% 10 50 5 94 6.36 54% 0.10 55 09 TC 52 40 52 03 0.00 51 59 51.22
MH-44 MH-40 0 Cal 1 56 11 90 7 u7 11.02 115' 24" 0 30% 0.30% 12.39 394 4 69 81% 0 41 54.82 P 52.85 52.50 000 51.22 50.88
MH-40 MH-37 0.00 1 56 12 31 6.97 10 87 384' 24" 0.20% 0.23% 10 II 3.22 3 46 Pressure 1.85 55.63 P 52.99 52.11 000 50.88 50.I 1
Iii L-39A MH-39 0 5 0.60 0.29 0 29 1 13 11.30 7.21 2.08 6' 18" 0 80% 0.80% 9 39 5.31 4 69 37% 0.02 54.72 IC 51.28 51 23 0.00 50 72 50.67
INL-39B MH-39 0.8 060 0.49 0.49 118 1180 7.09 3.49 38' IS" 0.80% 0.80% 9.39 5.31 5.38 48% 0.12 54.69 TC 51.41 51 10 000 50 69 50.39
MH-39 MH-38 0.00 0 78 l 1 92 706 5 51 193' 24" 0 70% 0.06% 18.92 6 02 5 75 Pressure 0.56 54 40 P 54 14 54.02 000 50 39 49 04
INL-38A MH-38 U6 060 0.38 0.38 114 114u 7.18 ?.7i 6' ib' v.80'S. 0.07':0' 9.39 5.31 5.0 i'res.,urt r.02 5562 IL 551.03 54 112 i 0.00 Su b2 5'?.5-
INL-38B MIi-38 0.8 0.60 0 49 0.49 11 6 1160 7.14 3.51 31' I8" 0.80% 0.11% 9.39 5 31 5 38 Pressure 0 12 55.72 IC 54 06 54.02 0.00 So 72 50 42
MH-38 MH-37 000 165 1248 6.93 1144 113' 24" 050% 0.26% 15.99 5.09 5.88 Pressure 0.32 35.26 P 54.02 53.73 0.00 4904 48.47
INL-37A MH•37 06 0.60 037 037 114 1140 718 2.67 8' 18" 030% 050x. 7.43 420 4.22 Transition 0.03 56.25 TC 53.74 5373 000 52.25 52.21
MH-37 MH-36 0.00 3.58 14.16 654 23.42 119' 24" 0.30% 1.07% 12.39 3.94 7.45 Pressure 0.27 55 93 P 53 73 52 46 0 DO 48.47 48.11
MH-36 MH-35 000 3.58 14.42 6.48 23,20 60' 24" 0.30% 1 05% 12.39 3 94 7 38 Pressure 0 14 56 33 P 52 46 51.83 0.00 48 II 47 93
MH-35 MH-34 0 00 3 58 14 56 6 44 ..:23.08 48' 24" 0.30% 1.04% 12.39 3.94 7 35 Pressure 0 II 56.05 P 51.83 51.33 0.00 47.93 47.79
"II-1-34 M11-28 0 00 3 58 i 14 n7 6 4, 22.99 1.9' 34" 0 30% 103a 12 39 3 94 '32 Pressure 0 16 55 84 P 51 33 50 61 000 47 79 41 58
MH-28 INL:27 0.00 8 12 15.32 6.30 51.13 8' 36" 0.20% 0.59% 29.82 4.22 7 23 Pressure 0.02 55.52 P 50.61 50.57 000 47 58 47.57
11
1NL-27 INL•26 0 7 0.60 0 41 8 53 ]15 15 34 3 38 28.79 99' 36" 0.20% 0.20% 29.82 4.22 4.98 ' 871. 0.33 55.87 IC 50 18 49.99 0.00 47.57 47.37
INL-26 MH-25 0.5 0.01 000 8 53 15 3 15 67 3 35 28 60 127 36' 0 20% 0 20% 29.82 4.22 4.99 87% 0.42 54.00 TC 49 97 49 72 000 47 37 47.11
IIM11.25 I FES-5 I I VW 853 116 09 13 32 28 35 I 57u I 36' I 11.2".10 2V. 29.48 14 1: 4 9s I 8)% I I s. (52.09 I- ` 49 4605 I U VU I +, II 11 I +0 VV I
1 ,—.1— 1 1 `I I 1 I L I _1— _ 1 _L- J1 1
{ cisc Tr tary Area ailen s .IUE{tpf� .afE�Sef_�S ,�,. 24 aa,,•:, ;
INL-2 FES-I 10 0.27 0.27 027 1292 1292 3 66 1.00 180 15 0.32% 0 32% 3.63 2.96 2.79 42% 1.08 49.29 P 47.09 46.52 0.00 46.57 46.00
II I I I .1 1 I I .
Dentention Requirments
Subdivision: Idaho Creek Project Name: Idaho Creek
Location: County of Weld, State of Colorado Project No: C116 KBCWCC
By: TAC
Checked By:
SOIL GROUP C Q100R= 1.00 Date: 8/11/00
Q5R= 0.17
DRAINAGE
BASIN/LAND USE AREA IMPERV, V,"" V1 Q5R QIOOR
(AC.) (CF) (AC. FT.) (CFS) (CFS)
Required Volume 48.0 0.43 144860 3.326 8.2 48.0
WQCV 48.0 0.43 26136 0.600
20% WQCV _ 5227 0.120
Total Required Vol 176224 4.046
Pond 2 Actual 332635 7.636
V= KXA Q=VXA
K100=(1.781-0.00212-3.56)/1000 QI00R= 1.00 X A
Pond Outlet Requirements
Subdivision: Idaho Creek Project Name: Idaho Creek
Location: County of Weld, State of Colorado Project No: CI 16 KBCWCC
Calculated By: TAC
Checked By:
Date: 8/11/00
Outlet Discharge Calculation
100 Year Storm Event
Type 2 Outlet
Oriface Flow
Q= CdA(2gh)^1/2
Q= Cr: 48 cfs
Cd= Cd= 0.65
g= g= 32.2 fUs^2
h= h= 3.1 ft
A= FT SQ A= 5.23 FT SO
IN SQ 752.6 IN SQ
Restrictor Plate Dimensions
h= h= 27 in
w= w= 27 in
A= A= 729 in sq
Radius 0.73 ft
Pond bottom 46.00
10 elev
100 elev 49.10
Top of berm 51
OVERFLOW SPILLWAY CALCULATIONS
ASSUME OUTLET 100% CLOGGED
Q= CLHA3/2
Q= 48.0
H= 1
C= 3.4 TRAP
L= 14 1 MIN
Pond Mass Analysis
Subdivision: Idaho Creek Project Name: Idaho Creek
Location: County of Weld, State of Colorado Project No: C116 KBCWCC
Calculated By: TAC
Checked By:
Date: 8/11/00
Time Intensity C Area Q In Vol In Q out Vol Out E Vol Out Vol Req
(Min) (Acres) (cfs) (cf) (cfs) (cf) (cf) (cf)
#N/A 0.60 48.0 #NIA #N/A 5.2 1560 1560 #N/A
10 7.3 0.60 48.0 208.8 125280 5.2 1560 3120 122160
15 6.1 0.60 48.0 175.7 158112 5.2 1560 4680 153432
20 5.4 0.60 48.0 154.1 184896 5.2 1560 6240 178656
25 4.8 0.60 48.0 136.8 205200 5.2 1560 7800 197400
30 4.3 0.60 48.0 122.4 220320 5.2 1560 9360 210960
35 3.9 0.60 48.0 112.3 ,235872 5.2 1560 10920 224952
40 3.6 0.60 48.0 103.7 248832 5.2 1560 12480 236352
45 3.4 0.60 48.0 96.5 260496 5.2 1560 14040 246456
50 3.1 0.60 48.0 89.3 267840 5.2 1560 15600 252240
55 2.9 0.60 48.0 83.5 275616 5.2 1560 17160 258456
60 2.7 0.60 48.0 77.8 279936 5.2 1560 18720 261216
65 2.6 0.60 48.0 74.9 292032 5.2 1560 20280 271752
70 2.5 0.60 48.0 72.0 302400 5.2 1560 21840 280560
75 2.3 0.60 48.0 67.4 303264 5.2 1560 23400 279864
80 2.2 0.60 48.0 63.4 304128 5.2 1560 24960 279168
85 2.1 0.60 48.0 60.5 308448 5.2 1560 26520 281928
90 2.0 0.60 48.0 57.6 311040 5.2 1560 28080 282960
95 1.9 0.60 48.0 54.7 311904 5.2 1560 29640 282264
100 1.8 0.60 48.0 51.8 311040 5.2 1560 31200 279840
1r I 0.60 48.0 49.0 308448 5.2 1560 32760 275688
110 ;.6 I 0 60 I 48.0 46.1 304128 I 5.2 I 1560 34320 269808
1 1 5 I 1 5 0 60 48.0 43.2 298080 5.2 1560 35880 262200
120 1.5 0.60 48.0 43.2 311040 5.2 1560 37440 273600
Pond Volume
(FAA Method)
Subdivision: Idaho Creek Project Name: Idaho Creek
Location: County of Weld, State of Colorado Project No: C116 KBCWCC
Calculated By: TAC
Checked By:
Date: 8/11/00
Volume=1/3 x Depth x (A+B+(A*B)^0.5)
A - Upper Surface
B - Lower Surface
Elevation Surface Area A+B+(A*B)^0.5 1/3 Depth Volume CumulativeVolume
(square feet) (feet) (cubic feet) (cubic feet)
46.00 84698 84698 28233 0.00 0 0
47.00 98963 275214 91738 1.00 91738 91738
48.00 113883 . 319007 106336 1.00 106336 198074
49.00 129238 364439 121480 1.00 121480 319553
49.10 132396 392441 130814 0.10 13081 332635
I 1
REQUIRED 10-YEAR VOLUME= CUBIC FEET
PROVIDED VOLUME= CF @ WSE=
DRAINAGE CRITERIA MANUAL
RUNOFF
500
} 0 70
I � ry
400
h ��? o QQ� t -^/
_ _ _ N 1y CO60
_ _ _ _ O. Qom,.,
300 /-� I �,
Ii...
I/S
W II, I" 50 2 2
zoo •( G� •P ; z
Z , II G 10 �r‘ 40
41
G' 0
H 5 z
G'
0 1 a0 7 u,
toocn
, G''
• g0 _ �_
G'- 30
0
6
o `
G_8____.--0
� 20
r G` 9=•
10
0
FIGURE 3-1 OVERLAND TIME OF PLOW CURVES (71
5-1 -84
4
- C HART 2 1
-180 - 10,000
-168 - 8,000 EXAMPLE (I ) (2) (3)
6.
- 156 ,000 0.42 inches (3.5 I..
— 6 _ 6
-- 5 o-lzo ct. — 5.
— 144 _ 000 — 6. -
- 4,000 Le MW
— 132 D Int — 4
— 3000 — 5-
(II 2.5 a.g - — 4.
120 (2) 2.1 La -
- 2,000 (31 2.2 T-T —4' -
- 3.
— 108 _ — 3.
eo in teat - _
— 96 — 3
R
00 — 2
- 0 ,5 n _
— 84 0 / _ -
_ — 300 f*n%/ _ - — 1.5 — 1.5
a
— 60 0 = 200 / r •- 1.5 -
a — 54 -� a C
a. o
w — 100Lil — 48 a 2 -
> - -
> c= — 80 =
2 _ — 60 o_ — LO — L0
CO 4 2 t) -
�' — 50 RW S LE ENTRANCE • Q
o cr —40 o TYPE ¢ LO
w
r — 36 t— 30 01 5Vem•edge with 9
w - headwall c - -
QI
C — 33 20 (21 0•oar. .aa,nth w — — -8
per% -— headwall S .8
30 8
- 131 Groove end - - - I
(� paiecrng
i- 27 _ I0 �-- 13 C.VS
- 24 — 8 .T
— 6 r•est scale(2I or 131 groieet --
5 bed nntatit to scot. (0.tn.', • -
— 21 — 4 u . straight inclined line through -0 geed
0 scales.or — .6 — .1;
3 ill — .6 —
I8
2 -
—
— IS
.5 _
. t 1.0
— t2 HEADWATER DEPTH FOR
CONCRETE PIPE CULVERTS
W ITH INLET CONTROL
Doug eu OF WBIeC €0505 Jan toes
l
5-22
1 TABLE 8-1
City of Greeley - Standard Street Section Capacities
1 . Local-Residential(Std I)
Reduction Factors , . Initial Storm(half street) Major Storm(full street)
Gutter jfr+nm.Fi9ure 8-2] Theoretical Allowable Theoretical -. w Alloable
Slope InitialStbmt Malai ii:V ; Capacity Capacity Capacity Capacity '_.
I °( „ar ' *s
�) .: . {cfs} _- (cfs} •: �(cfs} .1s_fsyr.--- --
0.004 0.500 0.500 5.5 2.8 410 205
0.005 0.650 0.650 6.0 3.9 460 299
1 0.006 0.800 0.800 6.5 52 500 400
0.008 0.800 0.800 7.5 6.0 580 464
0.009 0.800 0.600 8.0 6.4 610 488
1 0.010 0.800 0.800 8.5 6.8 650 520
0.020 0.800 0.700 11.5 9.2 920 644
0.040 0.610 0.500 16.5 10.1 1300 650
1 0.060 0.410 0.375 20.0 82 1600 600
_0.080 0280 0270 24.0 6.7 1830 494
: .k _ LocaJACommeraial(Std1q, ,.:Mee:
yAje A
:ettg Reductionf=actors a i'lnttial Storm(halfstreet)G :entjor Storm(full street).s�. t 7 %C i•° a �'K'3 rye s 3 -i. wu
1 aGutter � a r�frostn figure 8-27 Theoretical WUiowabfe, TheeOretical Allowable <:
Slope InjtralSortcj Majotstonn `Capacity ,Capacity . 'Capacity Ca c
if>ft) . . (cfs) '-{cfs) <.(cfs) . . (cfs} "
I 0.004 0.500 0.500 7.0 3.5 370 185
0.005 0.650 0.650 7.5 4.9 410 267
0.006 0.800 0.800 8.5 6.8 450 360
I 0.008 0.800 0.800 9.5 7.6 520 416
0.009 0.800 0.800 10.5 8.4 550 440
0.010 0.800 0.800 11.0 8.8 580 464
1 0.020 0.800 0.700 15.5 12.4 820 574
0.040 0.610 0.500 21.5 13.1 1170 585
0.060 0.410 0.375 27.0 .11.1 1420 533
1 _0.080 0280 0270 30.0 8.4 1650 _ 446
• itA £ ', F EaPiinOr Collector r•r `• s : :a.
Ir f. t,Reduction Factors, s1` = n3nitial Storm (half street) c Major Storm(fu-:1l street)
Gutter xtjfromFiciure B 21 Theoretical • Allowable Theoretical Allowable.
•Slope lnjtialStorm MajorStorrri "Capacity Capacity', r Capacity ` Capacity !
(ff/ft)
(cfs} {cfs} .' (cfs) _Errs)
0.004 0.500 0.500 7.0 3.5 420 210
I 0.005 0.650 0.650 7.5 4.9 470 306
0.006 0.800 0.800 8.5 6.8 510 408
0.008 0.800 0.800 9.5 7.6 590 472
r). 0.009 0.800 0.800 10.5 8.4 630 504
0.010 0.800 0.600 11.0 8.8 660 528
0.020 0.800 0.700 15.5 12.4 940 658
I0.040 0.610 0.500 21.5 13.1 1320 660
0.060 0.410 0.375 27.0 11.1 1620 608
_ 0.080 0.280 0.270 30.0 8.4 1880 508
I
Table 3.3. Extended Duration-Intensity-Frequency Tabulation, Greeley, Colorado.
—,-.:.,,,:-,-:,,,,,,,,:..f., . x` b t Storm 3~requencv =.:
`J t.Vinr J Y Nni`Y"4 �StJ pT � v p
O year ,m;,..,... ,100 year
��,�a}�: .•��;3,fear<�'�x• 5 year ���� �13 year, ``,25 year a?, «
��1"d* ` C ^•aY . /(�..' sYJ2 Til j. i�J� §: . Y} 4
..�. r .`fi} � '^ ^ t ..Gn1Lr� �.xa .»:,{llll llrl ,._:: :r.: ,� , 1 . ... `1 .. �j](f1�I 1 ..
5 min 3.62 F 5.19 6.12 7.31 8.73 9.67
10 2.81 4.02 4.75 5.67 6.78 7.51
15 2.37 3.4 4.01 4.79 5.72 6.34
20 2 2.86 • • 3.38 4.03 4.81 5.34
25 i 1.77 2.54 3 3.58 4.28 4.74
30 1.64 2.35 2.78 3.22 3.97 4.39
40 1.34 1.92 2.27 2.7 3.23 3.59
50 1.16 1.66 1.96 2.34 2.8 3.1
60 1 hr 1.04 1 1.49 1.76 2.1 2.51 2.78
i 80 0.8 1.14 • 1.47 1 1.61 1.91 2.16
100 0.67 0.94 1.2 1.3 1.58 1 79
120 2 hr 0.58 0.8 0.96 1.14 1.3 I 1.5 ,
150 0.49 0.66 0.78 0.93 1.1 1.23
180 3 hr 0.42 0.56 0.67 0.8 0.92 1.05
1 4 hr 0.33 0.44 0.53 0.62 0.72 0.81
5 0.27 0.36 0.43 0.5 0.57 0.66
I 6 0.23 0.3 0.37 0.43 0.49 0.57
8 0.2 0.24 0.29 0.34 0.39 0.44
10 0.15 1 0.2 0.24 0.29 0.32 0.36
12 0.13 0.17 0.2 0.25 0.28 , 0.31.
14 0.11 0.15 0.18 0.23 0.24 0.27
•
I16 0.1 0.13 0.16 0.2 0.22 _ 0.24
18 0.09 0.12 0.14 0.18 0.19 - 0.21
] 20 0.08 0.11 0.13 0.17 0.18 3^19
_ 22 0.07 J 0.1 0.12 0.16 0.16 3.17
24 0.07 0.09 0.11 0'14 0.15 _016
I
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DINFCTOR DNISION OF NE(i1STflAT1ONS. SICNAT1IFF
ZOO(j 9NII1aSN0a UHVHNVJ4 0060 S0L COC %V3 CZ 9T 09A% 00-'90.0(
SErP ci '99 OS: 11AM ST VPRIUI SC„H0OL•S
AGREEMENT
THIS AGREEMENT is made and entered into as of the ko day of r 1999,
between the St. Vraln Valley School District RE-IJ ("School District") and Carlson Associates, Inc.
("Developer).
WHEREAS, Developer has brought forward a 353 single-family unit development proposal to
Weld County within the School District boundaries known as the Idaho Creek P.U.D. described in Exhibit
A , and desires to develop the property for residential purposes (the property and development are
hereinafter collectively referred to as the"Project"), and is the owner of the proposed school site:and
WHEREAS, Developer acknowledges that the Project will have an impact upon the School District
due to the predictable Increase in the number of school age children who will reside in the Project and be
attending school within the high school feeder attendance boundaries serving the Project and will
contribute to the consequential increase to the School District in the cost of providing and maintaining
adequate educational facilities to serve the future residents of the Project; and
WHEREAS, Developer desires to mitigate a portion of such costs by dedicating and conveying a
platted 10 acre site as described in Exhibit B ("School Site") for a future school site: 4.0 acres of which is a
gift to the District and 6.0 acres which is as a result of the impact of the development, as provided herein;
and
WHEREAS, the School District in reliance upon the Developers obligations hereunder is willing
to forebeartrom recommending against approval of the Project on the basis of inadequacy of school sites,
THEREFORE, in consideration of the foregoing recitals and the mutual promises contained in this
Agreement, the parties agree as follows:
1. Puroose and Intent It is recognized that the Project will create an additional neeC for new
schools in order to adequately provide for the educational needs of elementary and secondary school
students who are expected to reside in the Project in the future. The purpose of this Agreement is to
mitigate the impacts of this development by providing for the dedication and conveyance of the 10 acre
School Site by the Developer.
2. Determination of Land Dedication and In-Lieu Fee Reeuirements The parties
acknowledge that it is reasonable to determine the expected demand the Project will have on the need for
school sites and the amount of In-Lieu Fees, by the method provided in Exhibit C.
2.1 Methodoloov. The School District has adopted a methodology to determine the
Fair Contribution for Public School Sites. As part of the methodology, the School District has adopted
planning standards, as of the date of this Agreement, related to: (i) student yields for each school age
level and residential dwelling unit type; (ii) facility enrolment capacities, and (iii) public school site acreage
requirements (collectively referred to as the'School Planning Standards"). Shown on Exhibit C, attached
and incorporated by this reference, are the projected school site or land dedication acreage requirements
for the dwelling units currently planned for the Project. Also shown on Exhibit C are the number of
dwelling units for which Fair Contribution for Public School Sites shall be deemed to have been prepaid as
of the date of this Agreement, subject to the conveyance of the necessary school site acreage and
compliance with the other requirements as provided in this agreement. The Developer and the School
District agree that these School Planning Standards and land dedication requirements are reasonable, are
in conformity with the Weld County Subdivision Ordinance, and shall apply to the project as currently
submitted to the School District.
Page 1 of 5 - 8/31/99
SEP 01 '9'9 0S: 11Rh1 ST VPRIUI SCHOOLS
2.2 ) and Qapication/In-Lieu Fee The Developer shall plat and convey the 10 acre
School She to the School District. 4.0 acres of this dedication and conveyance will be provided strictly as a
gift by the Developer to the School District and shall riot be considered as mitigating the impacts of each
individual dwelling unit. The impact of each residential dwelling will be mitigated through the dedication of
an additional 6.0 acres of land based on the School Planning Standards contained in Exhibit C. With the
conveyance of the School Site to the School District, no in-lieu fee will be required of this Developer.
3. Time and Method of Dedication, The Developer shall convey the platted 10 acre School
Site to the School District 10 days following recording of the Final Plat unless extended by the School
District. The conveyance of the site shall be by general warranty deed, the form of which will be
acceptable to the School District. Title shall be free and clear of all liens, encumbrances, and exceptions
(except those approved in writing by the School District), Including,without limitation, real property taxes,
which will be prorated to the date of conveyance or dedication. Prior to the time of conveyance,
Developer shall provide to the School District a title insurance commitment,together with copies of all title
exceptions listed therein, In an amount equal to the fair market value of the School Site. Following the
conveyance, Developer shall,deliver to the School District an ALTA Owners title insurance policy issued
by the title insurance company in the amount of the fair market value or the School Site insuring good
marketable title in the name of the School District subject only to real estate taxes not yet due and payable
and restrictions and exceptions acceptable to the School District. The Developer, at its expense, shall
also provide a boundary survey of the School Site prior to the dedication and conveyance of the School
Site to the School District.
4. Construction of School In order to allow for the construction of the school the
Developer shall amend the 100-year flood plain by removing it from the school site in conjunction with the
commencement of construction on the first filing of the project. If the School District does not construct a
school on the School Site due to low enrollment numbers in the area. and/or the District determines that
there are other locations better suited for a school, the School District shall have the option to sell the
property and use the proceeds for the purchase and/or development of a school site or facility that would
serve these residents.
5. Separate Obligations The Developer acknowledges and agrees that the provisions of
this Agreement are separate and distinct from and in addition to other requirements set forth or imposed
by any local governmental entity with planning jurisdiction over the Project.
6, Ism. This Agreement will be effective as of the date set forth above and shall remain in
effect through December 31, 2020, unless terminated earlier by the written agreement of the parties.
7. Siorrwssor; and Assigns Bound This Agreement and each term, provision, covenant.
restriction, and condition hereof shall run with the Project and shall extend to and be binding upon, and
inure to the benefit of, all successors, transferees, trustees. grantees. owners, and assigns of any rights,
title, or interest In any portion, residential lots, or parcels of the Project.
6. entirety of Agreement This Agreement is the entire agreement and understanding
between the parties concerning the subject matter hereof and supersedes all prior or contemporaneous
agreements, understandings, terms, conditions, representations, and discussions, whether oral or
written, which may have been made by the parties, or their representatives, concerning the matters set
forth in this Agreement. Each party acknowledges that the agents and attorneys of the other parties have
not made any promise, representation, or warranty whatsoever, whether express or implied, writter or oral,
not contained herein, concerning the subject matter hereof to induce the execution of this document.
9. Pssignmant, The Developer may assign any of its rights or obligations under this
Agreement to any subsequent owner of all or any portion of the Project or any right, title. or interest
Page 2 of 5 - eta',/99
SE= 01 '99 OS: 1.3Gf1 ST VPPIH SCHOOLS
P.3
therein in accordance with this section. Upon any assignment hereof,the assignee shall become liable for
the payments provided for herein and for the performance of all other agreements, terms, conditions, and
covenants of this Agreement undertaken to be kept and otherwise performed by the Developer with
respect to that portion of the Project. No assignment shall be effective to release the assignor from liability
hereunder unlesS the assignee of this Agreement assumes and undertakes in writing to keep, observe,
and perform all of the agreements, terms, conditions, and covenants contained herein and provides a
verified copy of such assumption ant assignment to the School District. Under any such assignment in
accordance with this section, the assignor shall be released from liability under this Agreement to the
extent of that portion of or interest in the Project assigned.
10. Attorneys' Fees and Costs Each party shall bear its own attorneys' tees and costs
incurred In the negotiation of this Agreement.
11 . Amendment or Waiver No charge, amendment, or waiver of any of the terms or
provisions of this Agreement shall be valid or binding unless the change, amendment, or waiver is in
writing signed by the parties hereto.
12. Partial Invalidity If any of the terms, provisions, covenants, restrictions, or conditions of
this Agreement are finally declared by an appellate court of competent jurisdiction to be invalid,
unenforceable, void, or voidable for any reason whatsoever, none of the remaining terms, provisions,
covenants, restrictions, or conditions shall be affected thereby and shall remain in full force and effect.
13. Venue and Applicable Law Any action arising out of the provisions of this Agreement
shall be brought in the Boulder County District Court and the construction and effect of the terms and
agreements contained herein shall be governed by the laws of the State of Colorado.
14. Fnfo rep menf
14.1 Restrictive Covenant to Run with the I and This land dedication required under
this Agreement shall be a precondition to the issuance of a building permit for any residential
development on arty portion of the Project. This obligation shall constitute a restrictive covenant that runs
with the Project, binding the Developer, its successors and assigns, and subsequent owners of any right,
title, or interest in all or any portion of the Project,
14.2 j.ien and_Foreclosure The land dedication required under this Agreement shall
be a continuing lien upon the Project. If not dedicated as required hereunder, the School District may
bring an action at law or in equity against the Developer, its successors. and assigns or may foreclose the
lien against the Project subject to the obligation.
14.3 FnforcemPm Fees and Costs Time is of the essence of this Agreement. If the
land dedication is not made as required herein, the School District may commence an action for legal and
equitable remedies without further notice or demand. In the event it becomes necessary for either party
to retain the services of an attorney to enforce any provision or breach of this Agreement or to foreclose
any lien created hereunder,the substantially prevailing party in any such enforcement proceeding shall be
entitled to collect from the other party or add to any forectnsure amount due, its reasonable attorneys'fees
and costs.
15. Recordino otAareement, A copy of this Agreement may be recorded in the offices of the
County Clerk and Recorder of the County where the property is situated.
16. Notices Any notice required or permitted by this Agreement shall be in writing. If such
notice Is hand delivered or personally served, it shall be effective immediately upon such delivery or
Page 3 of 5 - 8;31/99
SEP 01 '99 ag: 13AM ST VPRIM SCHOOLS
C
service. If given by mail, notice shall be effective three days after it has been deposited in the United
States mall depository, certified with return receipt requested, with sufficient postage for delivery, and,
unless a new address is designated in writing hereafter, addressed as follows:
St. Vein Valley School District RE-1J
Attention: Superintendent
395 South Pratt Parkway
Longmont, Colorado 80501-8499
Carlson Associates,Inc,
Ryan Carlson
P.O. Box 247
Eastlake, CO 80814
17. Severabiiity Each provision of this Agreement shalt be severable. If any provision is held
invalid, contrary to, or in conflict with any law or regulation by a tribunal with competent jurisdiction,
remainder of this Agreement shall remain in effect,
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date written above.
SCHOOL DISTRICT:
ST. VRAIN VALLEY SCHOOL DISTRICT RE-1J
lay: r\ .c*
STATE OF COLORADO ) Assi tant SuperinteNert for Auxiliary Services
COUNTY OF BOULDER j
Iggqq The foregoing was subscribed and sworn to before me this 16/— day of �,�
t ,, by Ken Kirkland as Assistant Superintendent for Auxiliary Services for the St. Vrain alley School
District RE-1J. Witness my hand and official seal,
My Commission Expires; 3 S,,,9O0 /
Notary P
Page 4 of 5 -8/31/99
SEF 01 '95 0,„: 13RM ST VR IN SCHOOLS P.6
DEVELOPER:
CARISON ASSOCIATES, INC.
• 1 V/ r
By: \
ATTEST:
STATE OF COLORADO )
COY OF WELD COUNTY
The foregoing w subscribed and arm, to Stars ma this -a I ay
of 198¢ by — ^I a ('nr 1ST« as 1V c, 2;s; �{ ,
Associates, ^ 1 nC. and attested
ted by
1st--� �san
ova l<s �-c - t
tx., s Colorado RS
ness
nN tare and official YuenCartoon Corporation.
My Commission atoms: • 9 haL 119 vveltPUa4./c,�1
C. • 6..•
N ip .n W
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Page 5 at 5 -7/14F99
SEP 01 '99 n0: 14ia1 ST VPc.IVI SCHOOLS P.7
EXHIBIT A -
Legal Description
•
The NW1/4NE1/4 of Section 10, Township 2. North, Range 68 West of the 6th P.M. ,
Weld County, Colorado, except that portion Deeded to The Department of
Highways by Deed recorded December 1, 1970, in Book 636 as Reception No.
1558219 described as follows:
Beginning at a paint on the west property line, from which the NW corner of
Section 10, which bears 286 04'W,
04'W, a distance of 1,320.00 feet;
L. Thence 8890361E a distance of 1,166.2 feet;
2. Thence- 589°49'E a distance of 149.9 feet;
3 . Thence N83°03'30"E a distance of 201.6 feet;
4. Thence S89°49'E a distance of 1,650.00 feet;
5 . Thence N84°28'15"E a distance of 251.2 feet;
S. Thence 589w049".6 a distance of 23.0 feet to the property line;
•
7 . Thence N45 391.E along the property line, a distance of 27.2 feet to the
south right of way line S.B. 119 (Oc.l969) :
8 . Thence 589°55'S along the south right of way line of 5.2. 119 (Oct: 1969)
a distant$ of 65.0 feet;
9 . Thence NO 34'E a distance of ':Ono feet to the north line of Sec. 10;
10. Thence N89°55'W, along the north line of Sec. 10, a distance of 3,522 .7
feet to the NW corer of the NE1/4NW1/4 cf .$ec. 10;
11. Thence S0°49'30"W, along the west l te. of the NE1/4NW1/4 of Sec. 10, a
distance of 88.7 feet, more or less to the point of beginning;
ZXC'SPTZNG therefrom that portion platted as Western Dairymen Cooperative,
inc. , by the plat recorded January 21, 1998 as Reception No. 2590085.
NOTE: The above legal description will be amended upon receipt of requirement
No. 1 Schedule B, Section 1.
Exhibit C School Planning Idaho Creek
Standards And
Calculation at r~i
In Lieu Fees -o
UL
!L
0
- fL
SingIeFamily 3
School Planning ^§tandprt
Number Projected Student Site Size Acres of Ueveiged
Of Student Facility Standard Land Land Cash-in-lieu
Units Vield Standard Acres Contribution Value Contribution k
Elementary 353 0.35 525 10 ..__ 2.35 _$25,100
123.55
Middle level 353 0.14 750 25 1 .65 _-_ 425,100
49.42
Hip School 353 0.17 1200 40 2.00 $25,100
60.01
Total 232.9'8 6_00 $25,100 $150,625
Single Famly_StudentYiekl is -66 $427
- Per Unit
v
9/1199
IDAHO CREEK
Improvements Agreement for:
"Open Space dedication and Landscaping Improvements"
THIS AGREEMENT is made and entered into this__day of , 2000,
by and between WELD COUNTY, a municipal corporation, in the County of Weld,
State of Colorado, herein referred to as WELD COUNTY, and BROMLEY 132, L.L.C.
hereinafter referred to as "Owner".
WHEREAS, Owner has submitted a Plat for the Idaho Creek Subdivision
("Development") attached hereto as "Exhibit A" and incorporated herein by reference.
Said Plat has been reviewed and approved by the Planning Commission and Board of
Trustees of WELD COUNTY; and
WHEREAS, the regulations of WELD COUNTY require that the Owner enter
into an Improvements Agreement ("Agreement") with WELD COUNTY relative to
Landscaping and Public Lands improvements related to the development; and
WHEREAS, this standard agreement has been modified by the parties as
indicated by the deletions noted below and the addition of certain special provisions, if
any, in Section 8;
NOW, THEREFORE, in consideration of the foregoing and other good and
valuable consideration,the parties hereto promise, covenant and agree as follows:
1. GENERAL CONDITIONS:
a. Definitions.
i. Weld County Official. For the purposes of this Agreement,
"Weld County Official" shall be defined as the Chief
administrative official or his designee.
b. Development Obligation. Owner shall be responsible for
performance of covenants set forth herein.
c. Public Improvement. Owner agrees to design, construct and
install according to County approved plans, certain public
improvements including trails and park improvements on or off
the Property. Owner agrees to dedicate to WELD COUNTY and
give a two (2) year guarantee for all improvements constructed.
The construction of public improvements shall be subject to any
reimbursement that may be provided for in this Agreement.
d. Construction Standards. Owner shall construct all improvements
required by this Agreement, and any other improvements
constructed in relation to the Development, in accordance with
plans and specifications approved in writing by WELD COUNTY,
1
and in full conformity with WELD COUNTY'S construction
specifications, ordinances and regulations.
e. Development Coordination. Unless specifically provided in this
Agreement to the contrary, all submittals to WELD COUNTY or
approvals required of WELD COUNTY in connection with this
Agreement shall be submitted to or rendered by the County
Administrative Official, or his or her designee, who shall have
general responsibility for coordinating development, with Owner.
f. Maintenance of Improvements. A Homeowners Association shall
be empowered to sustain the care and maintenance of all land-
scaped and publicly dedicated land. Such association shall he
financed through the assessment of fees imposed on each lot at
Idaho Creek.
g. Improvement Guarantees. Owner shall submit to the County
Administrative Official an Improvement Guarantee for all public
improvements related to each Phase of the Development. Said
guarantee may be in cash or a letter of credit.
Said guarantee, if a letter of credit, shall not expire during the
winter season (November 1 —March 1). Said Improvement
Guarantee shall include by way of landscaping, financing, and trail
improvements. Building permits shall be issued for only that phase
of the Development for which said guarantees have been furnished.
the total amount of the guarantee for each phase shall be calculated
as a percentage of the total estimated cost including labor and
materials of all public improvements to be constructed in said
Phase of the Development as described in "Exhibit B." The total
minimum amounts are as follows:
i. Prior to commencement of construction of public
improvements in each phase, - 115% of the amount(s) shown
on "Exhibit B" for that phase.
h. Indemnification and Release of Liability. Owner agrees to
indemnify and hold harmless WELD COUNTY, its officers
employees, agents, or servants, and to pay any and all judgments
rendered against said persons on account of any suit, action, or
claim caused by, arising from, or on account of acts or omissions by
the Owner, its officers, employees, agents, consultants, contractors,
and subcontracts, and pay to WELD COUNTY and said persons
their reasonable expenses, including, but not limited to, reasonable
attorneys' fees and reasonable expert witness fees, incurred in
defending any such suit, action or claim. Provided, however, that
Owner's obligation herein shall not apply to the extent said suit,
action or claim results from any acts or omissions of officers,
2
employees, agents, or servants of WELD COUNTY or conformance
with requirements imposed by WELD COUNTY, said obligation of
Owner shall be limited to suits, actions, or claims based upon
conduct prior to "Final acceptance"by WELD COUNTY of the
construction work. Owner acknowledges that WELD COUNTY'S
review and approval of plans for development of the property is
done in furtherance of the general public's health, safety and
welfare and that no immunity is waived and no specific
relationship with, or duty of care to, the Owner or third parties is
assigned by such review approval.
Insurance and Safety. Owner shall, through contract requirements
and other normal means, guarantee and furnish to WELD
COUNTY proof thereof that all employees and contractors engaged
in the construction of improvements are covered by adequate
Workman's Compensation Insurance and Public Liability
Insurance, and shall require the faithful compliance with all
provisions of the Federal Occupational Safety and Health Act
(OSHA).
2. CONSTRUCTION OF IMPROVEMENTS.
OPEN SPACE DEDICATION AND LANDSCAPING:
a. Open Space Dedication. Owner shall dedicate certain lands as
described as open space and park in Exhibit "A" attached hereto
and incorporated herein by reference. Conveyance of these lands
shall be free and clear of liens, taxes and encumbrances and shall be
by Warranty Deed inform and substance acceptable to the county.
Conveyance shall be made within thirty (30) days after the platting.
The Owner shall also furnish at the time of conveyance, at his own
expense, an ALTA title policy for all interest(s) so conveyed, subject
to approval by WELD COUNTY. The property shall be free and
clear of liens, taxes and encumbrances except for ad valorem real
property taxes up to the date of dedication to County,but subject to
all easements, rights-of-way, reservations, restrictions or other title
burdens of record.
b. Landscape Improvements. For public lands and rights-of-way,
Owner shall furnish WELD COUNTY complete final landscape
and irrigation plans for each phase and obtain approval by WELD
COUNTY prior to commence of construction. Owner shall
construct landscape improvements as required in the landscape
plan before the public lands and rights-of-way are accepted by the
County. Landscape plans need not be provided for private
landscaping on single-family residential lots. For commercial
areas, Owner shall furnish a final landscape plan to the County
3
Administrative Official for approval prior to installation of
landscape improvements.
c. Trash, Debris, Mud. Owner agrees that during construction of the
Development and improvements described herein, Owner will take
appropriate steps necessary to control trash, debris and wind or
water erosion in the Development. If WELD COUNTY determines
that said trash, debris or wind or water erosion causes substantial
damage or injury or creates a major nuisance, Owner agrees to
abate said nuisance and/or to correct or commence to correct, any
damage or injury, within five (5) working days after notification by
WELD COUNTY. If Owner does not abate said nuisance, WELD
COUNTY may abate the nuisance and/or correct and drainage or
injury without notice to Developer, at Owner's expense. Owner
also agrees to take any and all reasonable steps necessary to
prevent the transfer of mud or debris from the construction site
onto public rights-of-way and to immediately remove such mud
and debris from public rights-of-way after notification by WELD
COUNTY. If Owner does not abate, or if an emergency exists,
WELD COUNTY may abate at Owner's expense.
3. SPECIAL PROVISIONS:
a. Default. If the Owner fails to fulfill the terms and conditions of this
agreement, WELD COUNTY, in its sole discretion, may declare the
Owner in default and, after giving thirty (30) days notice to the Owner as
provided herein, may call the security provided in Section 1.m and
exercise all remedies available to the County. WELD COUNTY may also
withhold any additional building permits, certificates of occupancy, or
provision of new utilities fixtures or services until the completion of the
improvements. Any costs incurred by WELD COUNTY, including, but
not limited to, administrative costs and reasonable attorneys' fees, in
pursuit of any remedies due to the breach by the Owner shall be paid by
the Owner. WELD COUNTY may deduct these costs from the
Improvement Guarantee.
b. Recording Agreement. WELD COUNTY shall record this Agreement at
the Owner's expense in the office of the Clerk and Recorder, County of
Weld, State of Colorado, and WELD COUNTY shall retain the recorded
Agreement.
c. Binding Effect of Agreement. This Agreement shall run with the land
included within the Development and shall inure to the benefit of and be
binding upon the successors and assigns of the parties hereto.
d. Addresses for Notice. Any notice or communication required or
permitted thereunder shall be given in writing and shall be personally
4
delivered, or sent by United States mail,postage, prepaid, registered or
certified mail, return receipt requested, addressed as follows:
Weld County Board of County Commissioners
915 Tenth Street
P.O. Box 1948
Greeley, CO 80632
Bromley 132, L.L.C.
P.O. Box 247
Eastlake, CO 80614
With a copy to: such other address or the attention of such other person(s)
as hereafter designated in writing by the applicable parties in
conformance with this procedure. Notices shall be effective upon mailing
or personal delivery in compliance with this paragraph.
e. Force Majeure. Whenever Owner is required to complete construction,
maintenance, repair, or replacement of improvements by an agreed upon
deadline, WELD COUNTY shall grant a reasonable extension of time if
the performance cannot, as a practical matter, be completed in a timely
manner due to Acts of God or other circumstances constituting force
majeure or beyond the reasonable control of Owner.
f. Approvals. Whenever approval or acceptance of a matter is required or
requested of WELD COUNTY pursuant to any provisions of the
Agreement, WELD COUNTY shall act reasonable in responding to such
matter.
g. Title and Authority. Owner warrants to WELD COUNTY that Bromley
132, L.L.C. is the record owner for the Property within the Development.
The undersigned further warrant to have full power and authority to
enter into this Agreement.
h. Severability. If any part, section, subsection, sentence, clause or phrase of
this Agreement is for any reason held to be invalid, such invalidity shall
not affect the validity of the remaining section so the Agreement. the
parties hereby declare that they would have ratified this Agreement
including each part, section, subsection, sentence, clause or phrase thereof,
irrespective of the fact that one or more parts, sections, subsections,
sentence, clauses or phrases be declared invalid.
Attorney Fees. In the event that either party finds it necessary to retain an
attorney in connection with a default by the other as to any of the
provisions contained in this Agreement, the defaulting party shall pay the
other's reasonable fees and costs incurred in enforcing the provisions of
this Agreement.
5
j. Agreement Status After Final Acceptance. Upon Final Acceptance by
WELD COUNTY of all improvements and compliance by Owner with all
terms and conditions of this Agreement, and provided that no litigation or
claim is pending relating to this Agreement, this Agreement shall
terminate and no longer be in effect.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the
date first set forth above.
WELD COUNTY OWNER: Bromley 132, L.L.C.
ATTEST:
STATE OF Colorado
) ss.
COUNTY OF__ )
Subscribed and sworn to before me this _day of , 2000.
by •
Witness by hand and official seal.
My commission expires:
Notary Public
6
IMPROVEMENTS AGREEMENT ACCORDING
POLICY REGARDING COLLATERAL FOR IMPROVEMENTS
(PUBLIC ROAD MAINTENANCE)
THIS AGREEMENT,made and entered into this day of ,20 , by and
between the County of Weld, State of Colorado, acting through its Board of County Commissioners,
hereinafter called "County,"and Bromley 132, L.L.C_ , hereinafter called "Applicant."
WITNESSETH:
WHEREAS, Applicant is the owner of, or has a controlling interest in the following described
property in the County of Weld, Colorado:
See attached Exhibit "C"
WHEREAS, a final Subdivision/Planned Unit Development (PUD) Plat of said property, to be
known as Idaho Creek 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 subrnitted a
Subdivision Improvements 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. Before acceptance of the roads within the Subdivision or
Planned Unit Development by the County, Applicant shall furnish one set of
1 Bn ised 03/0aFISCFBICTBFOBNS&PUBLIC
reproducible "as-built" drawings and a final statement of construction cost to the
County.
2.0 Rights-of-way and Easements: Before commencing the construction of any improvements
herein agreed upon,Applicant shall acquire,at its own expense,good and sufficient rights-
of-way and easements on all lands and facilities traversed by the proposed improvements.
All such rights-of-way and easements used for the construction of roads to be accepted by
the County shall be conveyed to the County and the documents of conveyance shall be
furnished to the County for recording.
3.0 Construction: Applicant shall furnish and install, at its own expense, the Subdivision or
Planned Unit Development improvements listed on Exhibit"A,"which is attached hereto
and incorporated herein by reference, according to the construction schedule set out in
Exhibit"B"also attached hereto and incorporated herein by reference.
3.1 Said construction shall be in strict conformance to the plans and drawings approved
by the County and the specifications adopted by the County for such public
improvements. Whenever a Subdivision or Planned Unit Development is.proposed
within three miles of an incorporated community located in Weld County or located
in any adjacent county, the Applicant shall be required to install improvements in
accordance with the requirements and standards that would exist if the plat were
developed within the corporate limits of that community. If the incorporated
community has not adopted such requirements and standards at the time the
Subdivision or Planned Unit Development is proposed, the requirements and
standards of the County shall be adhered to. If both the incorporated community
and the County have requirements and standards,those requirements and standards
that are more restrictive shall apply.
3.2 Applicant shall employ,at its own expense,a qualified testing company previously
approved by the County to perform all testing of materials or construction that is
required by the County; and shall furnish copies of test results to the County.
3.3 At all times during said construction, the County shall have the right to test and
inspect, or to require testing and inspection of material and work, at Applicant's
expense. Any material or work not conforming to the approved plans and
specifications shall be removed and replaced to the satisfaction of the County at
Applicant's expense.
3.4 Applicant shall furnish proof that proper arrangements have been made for the
installation of sanitary sewer or septic systems,water, gas, electric and telephone
services.
3.5 Said Subdivision or Planned Unit Development improvements shall be completed,
according to the terms of this Agreement, within the construction schedule
appearing in Exhibit"B." The Board of County Commissioners,at its option,may
grant an extension of the time of completion shown on Exhibit"B"upon application
by the Applicant subject to the terms of Section 6 herein.
4.0 Release of Liability: Applicant shall indemnify and hold harmless the County from any and
all liability loss and damage County may suffer as a result of all suits,actions or claims of
Revised 03/00
2 M:\CIB CTIIFORMISUPWILI,
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.
5.0 Off-Site Improvements Reimbursement Procedure: The subdivider,applicant,or owner may
be reimbursed for off-site road improvements as provided in this section when it has been
determined by the Board of County Commissioners that the road facilities providing access
to the Subdivision or Planned Unit Development are not adequate in structural capacity,
width, or functional classification to support the traffic requirements of the uses of the
Subdivision or Planned Unit Development.
5.1 The subdivider, applicant, or owner shall enter into an off-site improvements
agreement prior to recording the final plat when the subdivider,applicant,or owner
expects to receive reimbursement for part of the cost of the off-site improvements.
5.2 The off-site improvements agreement shall contain the following:
- The legal description of the property to he served.
- The name of the owner(s)of the property to be served.
A description of the off-site improvements to be completed by the
subdivider, applicant, or owner.
The total cost of the off-site improvements.
- The total vehicular trips to be generated at build-out by the Subdivision,
Resubdivision,or Planned Unit Development,as specified by the ITE,Trip
Generation Manual, or by special study approved by the Board of County
Commissioners.
- A time period for completion of the off-site improvements.
The terms of reimbursement.
The current address of the person to be reimbursed during the term of the
agreement.
- Any off-site improvements agreement shall be made in conformance with
the Weld County policy on collateral for improvements.
5.3 If the subdivider, applicant, or owner fails to comply with the improvements
agreement,the opportunity to obtain reimbursement under this section is forfeited.
5.4 When it is determined by the Board ofCounty Commissioners that vehicular traffic
from a Subdivision, Resubdivision, or Planned Unit Development will use a road
improvement constructed under an improvements agreement, the subsequent
subdivider, applicant,or owner shall reimburse the original subdivider, applicant,
or owner, for a portion of the original construction cost. In no event shall the
original subdivider,applicant,or owner collect an amount which exceeds the total
Ke,hud 03/011
3 M:\CTWCTBFORMSU PUBLIC
cost of improvements less the pro rata share of the total trip impacts generated by
the original development. Evidence that the original subdivider,applicant,or owner
has been reimbursed by the subsequent subdivider, applicant or owner shall be
submitted to the Department of Planning Services prior to recording the
Subdivision, Resubdivision, or Planned Unit Development Final Plat.
5.5 The amount of road improvement costs to be paid by the subsequent subdivider,
applicant,or owner of a Subdivision,Resubdivision,or Planned Unit Development
using the road improvements constructed under a prior improvement agreement will
be based upon a pro rata share of the total trip impacts associated with the number
and type of dwelling units and square footage and type of nonresidential
developments intended to use the road improvement. The amount of road
improvement costs shall also consider inflation as measured by the changes in the
Colorado Construction Cost Index used by the Colorado Division of Highways.
The cost of road improvements may be paid by cash contribution to the prior
subdivider,applicant or owner,or by further road improvements which benefit the
prior subdivider, applicant,or owner's property. This decision shall be at the sole
discretion of the Board of County Commissioners based upon the need for further
off-site road improvements.
5.6 The report entitled TRIP GENERATION (Third Edition, 1982)of the institute of
Transportation Engineers shall normally be used for calculating a reasonable pro
rata share of the road improvement construction costs for all Subdivisions.
Resubdivisions, or Planned Unit Developments. A special transportation study
shall be used for land uses not listed in the ITE Trip Generation Manual. Any
question about the number of trips a Subdivision, Resubdivision, or Planned Unit
Development will generate shall be decided by the County Engineer.
5.7 The term for which the subdivider,applicant,or owner is entitled to reimbursement
under the off-site improvements agreement,entered into between the subdivider and
the County, is ten years from the date of execution of a contract for road
improvements.
5.8 This provision is not intended to create any cause of action against Weld County or
its officers or employees by any subdivider,applicant,or owner for reimbursement,
and in no way is Weld County to be considered a guarantor of the monies to be
reimbursed by the subsequent subdividers, applicants, or owners.
6.0 Acceptance of Streets for Maintenance by the County: Upon compliance with the following
procedures by the Applicant,streets within a Subdivision or Planned Unit Development may
be accepted by the County as a part of the County road system and will be maintained and
repaired by the County.
6.1 If desired by the County,portions of street improvements may be placed in service
when completed according to the schedule shown on Exhibit"B,"but such use and
operation shall not constitute an acceptance of said portions.
6.2 County may,at its option, issue building permits for construction on lots for which
street improvements detailed herein have been started but not completed as shown
on Exhibit"B,"and may continue to issue building permits so long as the progress
R,vuid OM*
4 M,CTR\CTBFORMSUFURLIC
of work on the Subdivision or Planned Unit Development improvements in that
phase of the development are satisfactory to the County; and all terms of this
Agreement have been faithfully kept by Applicant.
6.3 Upon completion ofthe construction of streets within a Subdivision or Planned Unit
Development and the filing of a Statement of Substantial Compliance, the
applicant(s)may request in writing that the County Engineer inspect the streets and
recommend that the Board of County Commissioners accept them for partial
maintenance by the County. Partial maintenance consists of all maintenance except
for actual repair of streets,curbs and gutters,and related street improvements. Not
sooner than nine months after acceptance for partial maintenance of streets, the
County Engineer shall, upon request by the applicant, inspect the subject streets,
and notify the applicant(s)of any deficiencies. The County Engineer shall re inspect
the streets after notification from the applicant(s)that any deficiencies have seen
corrected. If the County Engineer finds that the streets are constructed according
to County standards, he shall recommend acceptance of the streets for full
maintenance. Upon a receipt of a positive unqualified recommendation from the
County Engineer for acceptance of streets within the development. the Board of
County Commissioners shall accept said streets as public facilities and County
property,and shall be responsible for the full maintenance of said streets including
repair.
7.0 General Requirements for Collateral:
7.1 The value of all collateral submitted to Weld County must be equivalent to One-
Hundred percent (100%) of the value of the improvements as shown in this
Agreement. Prior to Final Plat approval, the applicant shall indicate which of the
five types of collateral preferred to be utilized to secure the improvements subject
to final approval by the Board of County Commissioners and the execution of this
Agreement. Acceptable collateral shall be submitted and the plat recorded within
six (6) months of the Final Plat approval. If acceptable collateral has not been
submitted within six (6) months then the Final Plat approval and all preliminary
approvals shall automatically expire. An applicant may request that the County
extend the Final Plat approval provided the cost estimates are updated and the
development plans are revised to comply with all current County standards,policies
and regulations. The improvements shall be completed within one(1)year toiler 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 ofa Planned Unit Development Final Plan or Subdivision Final
Plan. The applicant would need only to provide collateral for the improvements in
each filing as approved The County will place restrictions on those portions of the
property that are not covered by collateral which will prohibit the conveyance of the
Revised mroo
5 MACfB\CT BFORM5N PUBLIC
property or the issuance of building permits until collateral is provided or until
improvements are in place and approved pursuant to the requirements for a Request
for Release of Collateral.
7.3 The applicant intends to develop in accordance with Exhibits "A" and "B." The
costs of the improvements described in Exhibit"A"will be adjusted higher or lower
for the year and quarter in Which the contemplated work is being performed based
on"The State Highway Bid Price Index"contained in the"Quarterly Cost Report"
of The Engineering News-Record as published by The McGraw-Hill Companies.
The applicant has provided cost estimates for all phases of the development which
will be adjusted in accordance with The State Highway Bid Price Index at the time
of posting of collateral for each phase.
8.0 Improvements Guarantee: The five types of collateral listed below are acceptable to Weld
County subject to final approval by the Board of County Commissioners.
8.1 An irrevocable Letter of Credit from a Federal or State licensed financial institution
on a form approved by Weld County. The Letter of Credit shall state at least the
following:
8.1.1 The Letter of Credit shall be in an amount equivalent to One-Hundred
percent (100%) of the total value of the 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
Rented 03/E40
6 M:1C1'RICTRPORMSVO Mb"(
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.!.)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.1.)
indicating that the value of the property encumbered in its current state of
development is sufficient to cover One-Hundred percent(100%)of the cost
of the improvements as set forth in the Improvements Agreement plus all
costs of sale of the property.
8.2.3 A title insurance policy insuring that the Trust Deed creates a valid
encumbrance which is senior to all other liens and encumbrances.
8.2.4 A building permit hold shall be placed on the encumbered property.
8.3 Escrow Agreement that provides at least the following:
8.3.1 The cash in escrow is at least equal to One-Hundred percent(100%)of the
amount specified in the Improvements Agreement.
8.3.2 The escrow agent guarantees that the escrowed funds will be used for
improvements as specified in the agreement and for no other purpose and
will not release any portion of such funds without prior approval of the
Weld County Board of Commissioners.
8.3.3 The escrow agent will be a Federal or state-licensed bank or financial
institution.
8.3.4 If Weld 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.
utm,tu uvno
7 MACTTIW BFONMSUPUULIC
8.5 A cash deposit made with the County equivalent to One-Hundred percent(100%)
of the value of the improvements.
9.0 Request for Release of Collateral: Prior to release of collateral for the entire project or for
a portion of the project by Weld County, the Applicant must present a Statement of
Substantial Compliance from an Engineer registered in the State of Colorado that the 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(CDOT)Schedule for minimum materials sampling,
testing and inspections found in CDOT Materials Manual.
9.3 "As-built" plans shall be submitted at the time the letter requesting release of
collateral is submitted. The Engineer shall certify that the project "as-built" is in
substantial compliance with the plans and specifications as approved, or that any
material deviations have received prior approval from the County Engineer.
9.4 The Statements of Substantial Compliance must be accompanied,if appropriate,by
a letter of acceptance of maintenance and responsibility by the appropriate utility
company, special district or town for any utilities.
9.5 A letter must be submitted from the appropriate Fire Authority indicating the fire
hydrants are in place in accordance with the approved plans. The letter shall
indicate if the fire hydrants are operational and state the results of fire flow tests.
9.6 The requirements in Sections 9.0 thru 9.5 shall be noted on the final construction
plans.
9.7 Following the submittal of the Statement of Substantial Compliance and
recommendation of acceptance of the streets for partial maintenance by the County,
the applicant(s)may request release of the collateral for the project or portion of the
project by the Board. This action will be taken at a regularly scheduled public
meeting of the Board.
9.8 The request for release of collateral shall be accompanied by"Warranty Collateral"
in the amount of fifteen percent(15%)of the value of the improvements as shown
in this Agreement excluding improvements fully accepted for maintenance by the
responsible governmental entity, special district or utility company.
9.9 The warranty collateral shall be released to the applicant upon final acceptance by
the Board of County Commissioners for full maintenance under Section 5.3 herein.
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
B..nra Wiuu
8 \C S'CTBFOBNI5U PUBLIC
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 plan, if any:
10.1 The required acreage as may be determined according to Section 8-15-8 of the
Weld County Subdivision Ordinance 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 Section 8-15-B of 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 Section 8-15-B of 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:
APPLICANT:
TITLE:
Subscribed and sworn to before me this day of , 20
My Commission expires:
Notary Public
R..ind 03/00
9 MACTBACTBFORMS APUBLIC
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Barbara J. Kirkmeyer, Chair
M. J. Geile, Chair Pro-Tem
ATTEST:
George E. Baxter
Weld County Clerk to the Board _
Dale K. Hall
BY:
Deputy Clerk to the Board Glenn Vaad
APPROVED AS TO FORM: _
County Attorney
10
Brnud 03/00
M:IflBIITBFOBMS APBBLIC
EXHIBIT "A"
Name of Subdivision
or Planned Unit Development: Idaho Creek
Filing: 1
Location: South of Hwy 119 on WCR 7.5 •
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
Improvements Unit Cost Construction Cost
Site grading
$ 45i,5$6.50
Street grading included onsite grading ---
Street base 71`500 x $1.00 S 71.500-00
Street�aving 68,600 x $13.50 $ 926,100.00
Curbs,gutters, and culverts 19,440 x $12.00 --
$ 233,280.00 _
Sidewalk - included above -—
Storm sewer facilities $ 281 ,094.50
Retention ponds
Ditch improvements —�
Subsurface drainage
Sanitary sewers __I....3U 5.921,7I?
Trunk and forced lines - included above
Mains included above
Laterals(house connected) water & sewer $ 295,814.00
On-site sewage facilities
On-site water supply and storage -
Water mains(includes bore) $ 248,749.4-0
Fire hydrants 24 a $1,980-00 $ 47,520.00
Survey and street monuments and boxes
Street lighting
Street name signs
Fencing requirements
Landscaping
Park improvements _ $ 652,292.00
Road culvert
Grass lined swaie
Telephone 353 x_$2 J≥1 _ 0 $ 706.11011...0.0_
Gas
Electric �--
Water transfer $11760,000.00
SUB-TOTAL;
Engineering and Supervision Costs$Z30.288.9.1
(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 S4.299.902X59.
knvsr l MAD
1 1 mAcrmulT t vtuusAmYIAC
The above improvements shall be constructed in accordance with all County requirements and specifications,
and conformance with this provision shall be determined solely by Weld County,or its duly authorized agent.
Said improvements shall be completed according to the construction schedule set out in Exhibit "B.'
By:
Applicant
Applicant
Date: , 20
Title
(If corporation, to be signed by President and attested to by Secretary, together with corporate seal.)
Re'i,e0 03/00
12 01.1011tCTRFOR015U PUBLIC
EXHIBIT"B"
Name of Subdivision
or Planned Unit Development:__ Idaho Creek
Filing: 1
Location: South of Hwy 119 on WCR 7.5
All improvements shall be completed within 3 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 8 weeks
Street grading 2 weeks
Street base 3 weeks
Street paving 3 weeks
Curbs, gutters,and culverts 4 weeks
• Sidewalk 4 weeks
Storm sewer facilities 6 weeks
Retention ponds 1 week
Ditch improvements -- _
Subsurface drainage
Sanitary sewers 8 weeks
Trunk and forced lines -- --�
Mains 8 weeks
Laterals(house connected) 6 weeks
On-site sewage facilities
On-site water supply and storage
Water mains 8 weeks
Fire hydrants 1 week
Survey and street monuments and boxes 2 weeks
Street lighting 4 weeks
Street name signs 2 weeks
Fencing requirements _ 8 weeks - -i
Landscaping 8 weeks Park improvements improvements _ 2 weeks
Road culvert
Grass lined swale
Telephone 6 weeks
Gas 6 weeks
Electric 6 weeks
Water transfer _
SUB-TOTAL: 106 weeks / abt bear
7�} 14.04 WOO1 J 111:1crscTjwok.ts puBLIC
The County, at its option, and upon the request of the Applicant, may grant an extension of time for
completion for any particular improvements shown above, upon a showing by the Applicant that the
above schedule cannot be met.
By: _
Applicant
Applicant
Date: , 20
Title
(If corporation, to be signed by President and attested to by Secretary, together with corporate seal.)
limbed 01/00
14 MAUI81CTRFORMSUPUBI IC
Ex i-1IsIT C
"Legal Description
The NW1/4NE1/4 of Section 10, Township 2. North, Range 68 West of the 6th P.M. ,
Weld County, Colorado, except that portion Deeded to The Department of
Highways by Deed recorded December 1, 1970, in Book 636 as Reception No.
1558219 described as follows:
Beginning at a paint on the west property line, from which the NW corner of
Section 10, which bears N86°04'W, a distance of 1,320.00 feet;
1. Thence S89°36'E a distance of 1,166.2 feet;
2. Thence 58949'E a distance of 149.9 feet;
3. Thence N83°03'30"E a distance of 201.6 feet; •
4. Thence S89°49'E a distance of 1,650.00 feet;
5. Thence N84°28'15"E a distance of 251.2 feet;
9 6.. Thence S849'E a distance of 23.0 feet to the property line;
7. Thence N45°39'E along the property line, a distance of 27.2 feet to the
south righg of way line S.H. 119 (oc.1969) ;
8. Thence S89 55'E along the south right of way line of S.H. 119 (Oct. 1969) ,
a distance of 65.0 feet;
9. Thence NO°34'E a distance of 30.0 feet to the north line of Sec. 10;
10. Thence N89°55'W, along the north line of Sec. 10, a distance of 3,522.7
feet to the NW corner of the NE1/4NW1/4 of Sec. 10;
11. Thence S949'30"W, along the west line_ of the NE1/4NW1/4 of Sec. 10, a
distance of 88.7 feet, more or less to the point of beginning;
EXCEPTING therefrom that portion platted as Western Dairymen Cooperative,
Inc. , by the plat recorded January 21, 1998 as Reception No. 2590085.
NOTE: The above legal description will be amended upon receipt of requirement
No. 1 Schedule B, Section 1.
ROAD MAINTENANCE AND IMPROVEMENT AGREEMENT
(OFF-SITE)
THIS AGREEMENT, made and entered into this day of , 2000,
by and between the COUNTY OF WELD, STATE OF COLORADO, hereinafter called
"County", and BROMLEY 132, L.L.C., hereinafter called "Owner" and/or "Developer".
WTTNESSETH:
WHEREAS, Developer has applied to the County for approval for Final Plat to Planned
Unit Development, for residential development in the North Half of Section 10,
Township 2 North, Range 68 West of the 6th Principal Meridian,Weld County,
Colorado, and
WHEREAS, the Planned Unit Development will generate additional traffic on the access
road, and
WHEREAS, a County road needs to be constructed which will provide access to the
Planned Unit Development to adequately serve traffic, the approximate costs of which
are incorporated into "Exhibit A" of the Improvements Agreements for Public Road
Maintenance, and
WHEREAS, Developer has offered to accept certain road improvement actions.
NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth
herein, the County and the Developer mutually agree as follows:
1. Primary access to the Planned Unit Development shall be via Weld County Road
7-1/2 from State Highway 119.
2. All construction and materials under this agreement shall be in accordance with
the Standard Specifications for Road and Bridge Construction of the Colorado
Department of Highways, with reference to the edition current a the time the
project is initiated. The County shall review and approve the construction plans
prior to construction and shall be the same authority as the Engineer, as defined
in the specifications for the project, to inspect construction.
3A. As improvements for the PUD, Developer agrees to construct two lanes of Weld
County Road 7-1/2 from the Planned Unit Development's north property line to
the southern property line of said right-of-way with separate right turn and left
turn lanes.
3B. Developer agrees to initiate the improvements after recording of the Final Plat of
the PUD and at such time as construction of buildings begins and to complete the
improvements prior to occupancy of said buildings.
3C. If, prior to or within ten years after the completion of the construction of the off-
site road improvements, Weld County issues zoning or other approval for any
other residential, commercial, or industrial development, or any expansion of
any agri-business, that will be using as access,or which is located adjacent to any
1
of the portion of Weld County Road 7-1/2 paved at the expense of the Developer
as identified, the County, to the extent permitted by law, agrees to seek
contributions to the cost of the road, pro rata as the projected use of the road
compares to the Developer's projected use of the road.
4. It is the intent of the parties that this Agreement remain in full force and effect
until it terminates according to its own terms and that it be binding upon the
Developer and its successors, and assigns, and on this Board and future Boards
to the fullest extent permitted by law. Should this Agreement, or any portion
thereof, be found to be void or voidable for the reason that it binds the Board of
County Commissioners for more than a one-year period of time, this contract
shall be construed as a one-year contract with automatic annual renewals.
5. It is the intent of the parties that a separate agreement regarding collateral for
construction for each phase of the off-site improvements will be proposed by the
Developer prior to filing of the Final Plat.
6. The address of the parties are as follows:
Weld County Board of County Commissioners
915 Tenth Street
P.O. Box 1948
Greeley, CO 80632
Bromley 132, L.L.C.
12460 1 -r Street
P.O. Box 247
Eastlake, CO 80614-0247
It shall be the obligation of the parties to notify each other of any change of
address, registered agent, or change of ownership.
IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement the day
and year first above written.
BOARD OF COUNTY COMMISSIONERS
Weld County Colorado
By:
Chairman
ATTEST:
Weld County Clerk and Recorder
And Clerk to the Board
By: -
Deputy Clerk
2
BROMLEY 132, L.L.C.
P.O. Box 247
Eastlake, CO 80614
By:
ATTEST:
By:
3
44' 11'
12' TURN
LANE 12' LAWS 13' LANE F
LAWS
WALK
NCR722
ONE HALF BUII.DOUT ay DEVELOPER OF IDAHO CREEK
ARTERIALl2 LANE WITH TURN LANE WHERE APPROPRIATE.
WEST HALF TO BE CONSTRUCTED BY OTHERS .
ONE LANE WITH LEFT TUFN
DECLARATION OF COVENANTS, CONDITIONS
AND RESTRICTIONS OF IDAHO CREEK
THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF
IDAHO CREEK is made and entered into by BROMLEY 132, L.L.C.. a Colorado Limited Liability
Company("Declarant").
WITNESSETH:
WHEREAS, the Declarant is the owner of the real property situated in the County of Weld,
State of Colorado, which is described on Exhibit A, attached hereto and incorporated herein by this
reference; and
WHEREAS, the Declarant desires to subject and place upon the property described on the
attached Exhibit A certain covenants, conditions, restrictions, easements, reservations, rights-of-
way, obligations, liabilities and other provisions; and
WHEREAS, a common interest community may be created pursuant to CCIOA (as
hereinafter defined) only by recording a declaration executed in the same manner as a deed. The
declaration must be recorded in every county in which any portion of the common interest
community is located and must be indexed in the grantee's index in the name of the common
interest community and in the name of the association, and in the grantor's index in the name of
each person executing the declaration. No common interest community is created until the plat or
map for the common interest community is recorded.
NOW, THEREFORE, Declarant hereby declares that a plat which includes the property
described on the attached Exhibit A has been recorded and that all of the real property described on
the attached Exhibit A shall be held, sold, and conveyed subject to the following covenants..
conditions, restrictions, easements, rights-of-way, obligations, liabilities, charges and other
provisions set forth herein.
ARTICLE 1. DEFINITIONS
Section 1.1. Agencies.
"Agencies" means the Government National Mortgage Association (GNMA), the Federal
National Mortgage Association (FNMA), the Federal Home Loan Mortgage Corporation
(FHI,MC), the Department of Housing and Urban Development, including the Federal Housing
Administration (HUD), the Veterans Administration (VA) or any other governmental or quasi-
governmental agency or any other public, quasi-public or private entity which performs (or may in
the future perform) functions similar to those currently performed by any of such entities.
Section 1.2. Allocated Interests.
"Allocated Interests" means the assessment liability and votes in the Association allocated
to each Lot. The Allocated Interest for each Lot shall be a fraction, the numerator of which is one
(I) and the denominator of which is the total number of Lots within the Community from time to
time.
Section 1.3. Annexable Area.
"Annexable Area" means the property described on Exhibit D attached hereto and
incorporated herein by this reference plus, as provided in CCIOA, such additional real estate from
such locations as the Declarant may elect in its sole discretion in an amount not to exceed the
maximum permitted pursuant to CCIOA.
Section 1.4. Architectural Review Committee or Committee.
"Architectural Review Committee" or "Committee" means the committee appointed by the
Declarant or by the Association to review and approve or disapprove plans for Improvements, as
more fully provided in this Declaration.
Section 1.5. Association.
"Association" means Idaho Creek Owners Association, Inc., its successors and assigns, a
community association as provided in CCIOA.
Section 1.6. Board of Directors or Board.
"Board of Directors" or "Board" means the body, regardless of name, designated in this
Declaration, the Articles of Incorporation and the Bylaws of the Association to act on behalf of the
Association.
Section 1.7. CCIOA.
"CCIOA" means the Colorado Common Interest Ownership Act, C.R..S. §38-33.3-101, et
seq., as amended.
Section 1.8. Common Elements.
"Common Elements" means any property owned or leased by the Association (which may
include one or more platted lots) other than a Lot. The Common Elements at the time of
recordation of this Declaration are described on Exhibit B attached hereto and incorporated herein
by this reference.
Section 1.9. Community.
"Community" means the real estate and Improvements thereon described on the attached
Exhibit A, as supplemented and amended from time to time. The Community is a planned
community under CCIOA. The name of the Community is "Brittany Ridge at Metro View".
Section 1.10. Declarant.
"Declarant" means Bromley, 132, L.L.C., and any other Person(s) acting in concert, to
whom the Declarant, by recorded document, expressly assigns one or more of the Declarant's rights
under this Declaration (which shall be the extent of the Declarant's rights to which such assignee
succeeds), and who:
1.10.1. As part of a common promotional plan, offers to dispose of to a
purchaser such Declarant's interest in a Lot not previously disposed of to a purchaser; or
2
1.10.2. Reserves or succeeds to any Special Declarant Right.
Section 1.11. Declaration.
"Declaration" means this Declaration of Covenants, Conditions and Restrictions of Brittany
Ridge at Metro View and any other recorded instruments, however denominated, that create this
Community, including any supplements and amendments to those instruments and also including,
but not limited to,plats and maps.
Section 1.12. Development Rights.
"Development Rights" means the following rights or combination of rights hereby reserved
by the Declarant, as such Development Rights may be further described in this Declaration, to:
1.12.1. add real estate to this Community and create Lots, Common Elements or
Maintenance Area within this Community in connection with the addition of such real
estate, as provided in Section 12.5 of this Declaration;
1.12.?. subdivide or replat Lots, as provided in Section 12.7 of this Declaration;
or
1.12.3. withdraw real estate from this Community, as provided in Section 12.5
of this Declaration.
The Declarant may exercise its Development Rights in all or any portion of the Community,
and no assurances are made as to the boundaries or order of exercise of any Development Rights.
The Declarant's rights to exercise Development Rights shall terminate automatically as provided in
Section 1.23 of this Declaration.
Section 1.13. Improvements.
"Improvements" means all structures now or hereafter located on a Lot or in the Common
Elements or Common Area, exterior improvements to any such structures, and any other
improvements made to a Lot or the Common Elements or Common Area, and any appurtenances
thereto or components thereof of every type or kind, including all landscaping features. The
foregoing include, without limitation, buildings, outbuildings (including storage sheds), painting or
other finish materials on any visible structure, additions and/or expansions, garages, carports,
driveways, swimming pools, tennis courts, stairs, walkways, patios/decks and patio/deck covers,
awnings, hot tubs, jacuzzis and/or saunas, antennas, satellite dishes, exterior light fixtures, poles,
basketball backboards and hoops, whether fixed or movable, play yards (including swing sets and
jungle gyms), exterior tanks, solar collectors, fences (including dog runs), screening walls, retaining
walls, sprinkler systems, fountains, ponds, hedges, windbreaks, gardens, trees, shrubs, flowers,
vegetables, sod, and other plantings, rock, gravel, bark, mulch and any other landscaping
components, signs, exterior decorations, mailboxes, and exterior air conditioning, cooling, heating
and water softening equipment, if any.
3
Section 1.14. Lot
"Lot" means each platted lot shown upon any recorded subdivision map of the real property
described on the attached Exhibit A, as the same may be subdivided or replotted from time to time
(and "Lot" shall include all lots created as a result of such subdivision or replotting), or any other
real property as may hereafter be brought within the jurisdiction of the Association, with the
exception of the Common Elements (which may include one or more platted lots) and any publicly
dedicated property. Each Lot shall constitute a"unit" under CCIOA, and it shall not he necessary to
use the term "unit" as a part of a legally sufficient description of a Lot.
Section 1.15. Lots that May Be Included.
"Lots that May Be Included" means One Hundred "Twenty-Five (125) Lots, which shall be
the maximum number of Lots that may be subject to this Declaration, including those Lots which
may be included if all of the Annexable Area is annexed to this Declaration. However, the
aforesaid number of Lots that May Be Included is not a representation or a guarantee as to the
actual number of Lots that will ultimately be included in the Community.
Section 1.16. Maintenance Area.
"Maintenance Area" means all of the real estate and Improvements, if any, which are owned
by the County of Adams or other public entity, but which are to be maintained by the Association.
The Maintenance Property at the time of recording of this Declaration in Adams County, Colorado
is shown on Exhibit E attached and incorporated herein by this reference.
Section 1.17. Member.
"Member" means all Owners of a Lot collectively or, following termination of the
Community, all former Owners entitled to distributions of proceeds under CCIOA, or their heirs,
personal representatives, successors or assigns. The basic rights and attributes of membership in
the Association are specifically provided in Articles 2 and 3 of this Declaration.
Section 1.18. Owner.
"Owner" means each fee simple title holder of a Lot, including without limitation, the
Declarant or other Person who owns a Lot, but does not include a Person having an interest in a Lot
solely as security for an obligation. There may be more than one Owner of a Lot.
Section 1.19. Person.
"Person" means a natural person, a corporation, a limited liability company. a partnership,
an association, a trust, a joint venture, or any other entity recognized under the laws of the State of
Colorado or any combination thereof.
Section 1.20. Security Interest
"Security Interest" means an interest in real estate or personal property created by contract
or conveyance, which secures payment or performance of any obligation. The term includes a lien
created by a mortgage, deed of trust, trust deed, security deed, contract for deed, land sales contract,
lease intended as security, assignment of leases or rents intended as security, pledge of an
ownership interest in the Association, and any other consensual lien or title retention contract
4
intended as security for an obligation. For purposes of Section 4.11 of this Declaration, and., with
respect to notice of cancellation or substantial modification of certain insurance policies, to Section
6.3 of this Declaration, "Security Interest" shall also mean and refer to any executory land sales
contract wherein the Administrator of Veterans Affairs, an Officer of the United States of America,
is the seller, whether such contract is recorded or not, and whether such contract is owned by the
said Administrator or has been assigned by the Administrator and is owned by the Administrator's
assignee, or a remote assignee, and the land records in the County in which the property described
on the attached Exhibit A (as amended and supplemented from time to time) is located show the
Administrator as having the record title to the Lot.
Section 1.21. Security Interest Holder.
"Security Interest Holder" means any Person named as a mortgagee or beneficiary, or in a
similar capacity, under any Security Interest (including, for purposes of Section 4.11 of this
Declaration, and, with respect to notice of cancellation or substantial modification of certain
insurance policies, to Section 6.3 of this Declaration, the Administrator of Veteran's Affairs, an
Officer of the United States of America, and his assigns under any executory land sales contract
wherein the said Administrator is identified as the seller, whether such contract is recorded or not
and the land records in the County in which the property described on the attached Exhibit A (as
amended and supplemented from time to time) is located show the said Administrator as having the
record title to the Lot), or any successor to the interest of any such Person under such Security
Interest.
Section 1.22. 75% Control Period.
"75% Control Period" means a length of time expiring seven(7)years after initial recording
of this Declaration in the County in which the property described on the attached Exhibit A is
located. However, the 75% Control Period shall terminate earlier, upon the first to occur of the
following events if any of the following occur within the time period that is specified in the first
sentence of this Section: sixty (60) days after conveyance of seventy-five percent (75%) of the Lots
that May Be Included to Owners other than a Declarant; two (2)years after the last conveyance of a
Lot by the Declarant in the ordinary course of business; or two (2) years after any right to add new
Lots to the Declaration was last exercised.
Section 1.23. Special Declarant Rights.
"Special Declarant Rights" means the following rights, which rights are hereby reserved for
the benefit of the Declarant, and which rights may be further described in this Declaration: to build
and complete Improvements in the Community; to exercise any Development Right; to maintain
sales offices, construction offices, management offices, and signs advertising the Community and
sale of Lots; to use easements through the Common Elements for the purpose of making
Improvements within the Community or within real estate which may be added to the Community;
to make the Community subject to another association; to merge or consolidate with a Community
of the same form of ownership; or to appoint or remove any director or officer of the Association
during the 75% Control Period. All of the Special Declarant Rights may be exercised by the
Declarant with respect to any portion of the property now or hereafter within the Community.
Declarant may exercise any or all of these Special Declarant Rights at any time and from time to
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time. Such rights shall terminate automatically at such time as the Declarant no longer owns any
portion of the property described on the attached Exhibits A and D.
Section 1.24. Unfinished Lot.
"Unfinished Lot" means those Lots on which a certificate of occupancy has not been issued
for the dwelling unit now or hereafter located on such Lot.
ARTICLE 2. MEMBERSHIP AND VOTING RIGHTS '
Section 2.1. Membership.
The Association shall have one (1) class of membership. Membership in the Association
shall be appurtenant to, and may not be separated from, ownership of a Lot. Each Lot shall have
one (1) membership and there is only one (1) Member per Lot, even if multiple Owners own the
Lot.
Section 2.2. Voting Rights.
Each Member shall be entitled to one (1) vote for each Lot owned, except that no votes
allocated to a Lot owned by the Association may be cast. The total number of votes that may he
cast in connection with any matter shall be equal to the total number of Lots then existing within
the Association.
ARTICLE 3. ASSOCIATION
Section 3.1. Association.
The Association has been or will be formed as a Colorado non-profit corporation under the
Colorado Revised Nonprofit Corporation Act. The Association shall have the duties, powers and
rights set forth in this Declaration and in its Articles of Incorporation and Bylaws.
Section 3.2. Board of Directors.
The affairs of the Association shall be managed by a Board of Directors. The number, term
and qualifications of the Board of Directors shall be fixed in the Association's Articles of
Incorporation and Bylaws. Subject to Section 3.4 hereof, the Board of Directors shall be elected by
the Members. The Board of Directors may, by resolution, delegate portions of its authority to an
executive committee or to other committees, to officers of the Association or to agents and
employees of the Association, but such delegation of authority shall not relieve the Board of
Directors of the ultimate responsibility for management of the affairs of the Association.
Section 3.3. Authority of Board of Directors.
Action by or on behalf of the Association may be taken by the Board of Directors or any
duly authorized executive committee, officer, agent or employee without a vote of the Members,
except as otherwise specifically provided in this Declaration, the Articles of Incorporation or
Bylaws of the Association.
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Section 3.4. Election of Part of the Board of Directors During the 75% Control
Period.
Not later than sixty(60) days after conveyance of twenty-five percent(25%) of the Lots that
May Be Included to Owners other than the Declarant, at least one (1) director and not less than
twenty-five percent (25%) of the directors must be elected by Members other than the Declarant.
Not later than sixty (60) days after conveyance of fifty percent (50%) of the Lots that May Be
Included to Owners other than Declarant, not less than thirty-three and one-third percent (33 1/3%)
of the directors must be elected by Members other than the Declarant.
Section 3.5. Authority of Declarant During 75% Control Period.
Except as otherwise provided in this Article, during the 75% Control Period, the Declarant
or Persons appointed by the Declarant may appoint all officers and members of the Board of
Directors and remove all officers and members of the Board of Directors which have been
appointed by the Declarant. The Declarant may voluntarily surrender the right to appoint and
remove officers and members of the Board of Directors before termination of the 75% Control
Period; but, in that event, the Declarant may require, for the duration of the 75% Control Period,
that specified actions of the Association or Board of Directors, as described in a recorded
instrument executed by the Declarant, be approved by the Declarant before they become effective.
Section 3.6. Termination of 75% Control Period.
Not later than the termination of the 75% Control Period, the Members shall elect a Board
of Directors, at least a majority of whom must be Owners other than the Declarant or designated
representatives of Owners other than the Declarant. The Board of Directors shall elect the officers.
Such directors and officers shall take office upon election.
Section 3.7. Delivery of Property by Declarant.
After the Members other than the Declarant elect a majority of the directors, the Declarant
shall deliver to the Association all property of the Owners and of the Association held by or
controlled by the Declarant, if and to the extent required by CCIOA.
Section 3.8. Budget.
Within thirty(30) days after adoption of any proposed budget for the Community, the Board
of Directors shall mail, by ordinary first-class mail, or otherwise deliver a summary of the
Association budget to all the Members and shall set a date for a meeting of the Members to
consider ratification of the budget not less than fourteen (14) nor more than sixty (60) days after
mailing or other delivery of the summary. Unless at that meeting the budget is rejected by the vote
or agreement of Members to which at least ninety percent (90%) of the votes in the Association are
allocated, then the budget is ratified, whether or not a quorum is present. In the event that the
proposed budget is rejected, the periodic budget last ratified by the Members must be continued
until such time as the Members ratify a subsequent budget proposed by the Board of Directors.
Section 3.9. Association Books and Records.
The Association shall make available to Owners, prospective purchasers, Security Interest
Holders, and insurers or guarantors of any such Security Interest, current copies of this Declaration,
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and the Articles of Incorporation, Bylaws, rules and regulations, books, records and financial
statements of the Association. "Available" shall mean available for inspection, upon request,
during normal weekday business hours or under other reasonable circumstances.
Section 3.10. Information Regarding Security Interests on Lots.
Each Member shall, within twenty (20) days of encumbering such Member's Lot with a
Security Interest, and at other times upon request of the Association, provide the Association with
the name and address of such Security Interest Holder, a copy of the instrument(s) creating the
Security Interest(s), and the loan number(s) (or other identifying number of such Security
Interest(s)). Within twenty (20) days after any change in the name or address of the Security
Interest Holder on a Member's Lot, and at other times upon request of the Association, such
Member shall provide the aforesaid information to the Association with respect to each Security
Interest held by such Security Interest Holder.
Section 3.11. Rules and Regulations.
Rules and regulations concerning and governing the Lots, Common Elements, this
Community and/or rights-of-way, may be adopted, amended, repealed and enforced from time to
time by the Board of Directors, and the Board of Directors may establish and enforce penalties for
the infraction thereof, including, without limitation, the levying and collecting of fines for the
violation of any of such rules and regulations. The rules and regulations may state procedural
requirements, interpretations and applications of the provisions of this Declaration, including
without limitation, blanket requirements, blanket interpretations, and blanket applications. By way
of example and not by way of limitation, such rules and regulations may state that "reasonable" as
used in Section 10.3 of this Declaration means a specified number of pets. Any rules and
regulations that are adopted shall be in accordance with, and shall not be inconsistent with or
contrary to,this Declaration and all provisions hereof.
Section 3.12. Cooperation with any Other Community Associations, and/or any
Districts.
The Association shall have the right and authority at any time, from time to time, to enter
into agreements and otherwise cooperate with any other community association(s), and/or any
district(s), to share the costs and/or responsibility for any maintenance, repair, replacement. or other
matters, to perform maintenance, repair or replacement for any Person(s) in consideration of
payment or reimbursement therefor, to utilize the same contractors, subcontractors, managers, or
others who may perform services for the Association and/or any other community association(s)
and/or any district(s), or to otherwise cooperate with any other community association(s) and/or any
district(s) in order to increase consistency or coordination, reduce costs, or as may otherwise be
deemed appropriate or beneficial by the Board of Directors in its discretion from time to time. The
costs and expenses for all such matters, if any, shall be shared or apportioned between the
Association and/or any other community association(s) and/or any district(s), as the Board of
Directors may determine in its discretion from time to time. Additionally, the Association shall
have the right and authority at any time, from time to time, to enter into agreements and otherwise
cooperate with any other community association(s), and/or any district(s) to collect assessments,
other charges, or other amounts which may be due to such entity and to permit any such entity to
collect assessments, other charges or other amounts which may be due to the Association; in any
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such instance, the Association shall provide for remittance to such entity of any amounts collected
by the Association or to the Association of any amounts collected by such entity.
Section 3.13. Management Agreements and Other Contracts.
Any agreement for professional management of the Association's business or other contract
providing for the services of the Declarant shall have a maximum term of three (3) years and any
such agreement shall provide for termination by either party thereto, with or without cause and
without payment of a termination fee, upon not more than ninety (90) days prior written notice;
provided, however, that any such management agreement(s) entered into by the Association with a
manager or managing agent prior to termination of the 75% Control Period shall be subject to
review and approval by HUD or VA if, at the time such agreement is entered into, HUD has
insurance or VA has a guarantee(s) on one or more Security Interests (and HUD or VA require such
approval), and shall terminate absolutely, in any event, no later than thirty (30) days after
termination of the 75%Control Period.
Section 3.14. Merger.
The Declarant hereby reserves the right to merge the Association with one or more other
common interest communities without the approval of any Member or any other Person. This right
shall terminate automatically as provided in Section 123 of this Declaration.
ARTICLE 4. ASSESSMENTS
Section 4.1. Personal Obligation for Assessments.
Each Owner of a Lot, including Declarant, by acceptance of a deed therefor, whether or not
it shall be so expressed in such deed, covenants and agrees and shall be personally obligated to pay
to the Association: annual assessments or charges, special assessments, and other charges, fines,
fees, interest, late charges, and other amounts, all as provided in this Declaration; with such
assessments and other amounts to be established and collected as hereinafter provided. The
obligation for such payments by each Owner to the Association is an independent covenant with all
amounts due, from time to time, payable in full when due without notice or demand (except as
otherwise expressly provided in this Declaration), and without set-off or deduction. All Owners of
each Lot shall be jointly and severally liable to the Association for the payment of all assessments,
fees, charges and other amounts attributable to their Lot. Each amount, together with interest, late
charges, costs, and reasonable attorney's fees, shall also be the personal obligation of the Person(s)
who was the Owner of such Lot at the time when the amount became due. The personal obligation
for delinquent amounts (including assessments) shall not pass to such Owner's successors in title
unless expressly assumed by them.
Section 4.2. Purpose of Assessments.
'The assessments levied by the Association shall be used to promote the recreation, health,
safety and welfare of the residents of the Lots, and for all of those purposes and activities which
may be required of the Association or which the Association may be empowered to pursue pursuant
to this Declaration or the Articles of Incorporation or Bylaws of the Association, or by law.
Assessments levied during the 75% Control Period may not be used for the purpose of constructing
capital Improvements.
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Section 4.3. Initial Annual Assessment.
Until the effective date of an Association budget ratified by the Members with a different
amount for the annual assessments, as provided above, the amount of the annual assessment against
each Lot shall not exceed per Lot per month, exclusive of any amounts
due to any district and/or any other Person or entity. However, the rate of assessments paid with
respect to the Unfinished Lots may be less than that paid with respect to the other Lots, as provided
in the next Section.
Section 4.4. Rate of Annual and Special Assessments.
4.4.1. Annual and special assessments shall be sufficient to meet the expected
needs of the Association and shall be apportioned among the Lots in accordance with their
Allocated Interests. Notwithstanding the foregoing, however, the amount of the annual
assessment against the Unfinished Lots may be set at a lower rate than the rate of annual
assessments against those Lots on which a certificate of occupancy has been issued, as
provided in the following sentence. Specifically, the rate of annual assessments against the
Unfinished Lots may be less than the rate of annual assessments against the other Lots,
pursuant to C.R.S. §38-33.3-315(3)(b), as amended, since the Unfinished Lots do not
receive certain benefits, including without limitation the following: the Unfinished Lots do
not receive the same services as the other Lots; and the Unfinished Lots do not receive
benefit from the items for which reserves are collected. The annual assessments, except as
to the Unfinished Lots (as provided in this Section), shall include an adequate reserve fund
for the maintenance, repair and replacement of those items that must be maintained,
repaired or replaced on a periodic basis and for the payment of insurance deductibles. The
rate of annual assessment against the Unfinished Lots, if it is to be lower than the annual
assessments against other Lots, shall be determined by the Board of Directors, from time to
time, based on the costs and expenses of the services actually provided to the Unfinished
Lots.
4.4.2. During the 75% Control Period, the Declarant may in its discretion, but
shall not be required to, cover certain costs of the Association by payment of any amount(s).
which shall constitute an advance against future assessments due from the Declarant:
provided, however, that any such advances which have not been credited against
assessments due from the Declarant as of termination of the 75% Control Period shall then
be repaid by the Association to the Declarant, without interest, to the extent that the
Association has funds in excess of its working capital funds, reserve funds, and operating
expenses to date for the calendar year in which the 75% Control Period terminates; and
provided further, however, that any of such advances which are not repaid to the Declarant
shall continue to constitute advances against future assessments due from the Declarant
until conveyance by the Declarant of all of the property described on the attached Exhibit D.
If the Declarant elects in its discretion to pay any amounts as provided in this subparagraph,
Declarant shall not, under any circumstances, be obligated to continue payment or funding
of any such amount(s) in the future.
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Section 4.5. Date of Commencement of Annual Assessments.
The annual assessments shall commence at such time as the Board of Directors may
determine in its discretion. The amount of the initial annual assessment shall not be greater than the
amount set forth in Section 4.3 hereof. After commencement of annual assessments as provided in
the first sentence of this Section, annual assessments shall be made no less frequently than annually
and shall be based on an annual budget adopted by the Association as provided in this Declaration.
The annual assessments shall be due and payable in monthly installments, in advance, on the first
day of each month, or on such other dates, and with such frequency (which may be other than
monthly, but not less frequently than annually), as the Board of Directors determines in its
discretion from time to time, provided that the first annual assessment shall be adjusted to reflect
the time remaining in the first Association fiscal year. Any Owner purchasing a Lot between
installment due dates shall pay a pro rata share of the last payment due.
Section 4.6. Special Assessments.
In addition to the annual assessments authorized in this Article, the Board of Directors may
levy, in any fiscal year, with the approval of the votes of two-thirds (2/3rds) of a quorum of the
Association's votes cast by Members voting in person or by proxy at a meeting duly called for this
purpose, a special assessment applicable to that year only, for the purpose of defraying in whole or
in part the cost of any construction, repair or replacement of a capital Improvement upon any
portion of real property for which the Association has repair and/or replacement obligations,
including fixtures and personal property related thereto, or for repair or replacement of any
damaged or destroyed Improvements located on said real property, or for the funding of any deficit
incurred by the Association. Any such special assessment shall be set against each Lot in
accordance with the Allocated Interests set forth in this Declaration. A meeting of the Members
called for the purpose of considering the establishment of a special assessment shall be held in
conformance with Section 4.7 hereof Notwithstanding the foregoing, special assessments levied
during the 75% Control Period may not be used for the purpose of constructing capital
Improvements.
Section 4.7. Notice and Quorum for Any Special Assessments.
Written notice of any meeting called for the purpose of taking any action authorized under
Section 4.6 hereof shall be sent to all Members not less than thirty (30) days nor more than fifty
(50) days in advance of the meeting. At the first such meeting called, the presence of Members or
of proxies entitled to cast sixty percent (60%) of all the Association votes shall constitute a quorum.
If the required quorum is not present, another meeting may be called subject to the same notice
requirement, and the required quorum at the subsequent meeting shall be one-half (1/2) of the
required quorum at the preceding meeting. No such subsequent meeting shall be held more than 60
days following the preceding meeting.
Section 4.8. Assessments/Charges for Services to Less Than A!!Lots.
The Association may, at any time from time to time, provide services to less than all of the
Lots in the Community. If such services are not funded by the Association's annual or special
assessments, then such services shall be provided, if at all, pursuant to an agreement in writing
between the Association and the Owners of the Lots for which such service is to be provided, with
such agreement to include a statement and terms for payment of the costs, fees and expenses that
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are to be paid by such Owners for such services, and which amounts shall include overhead
expenses of the Association. Services which may be provided by the Association pursuant to this
Section may include, without limitation, (a) the construction, care, operation, management,
maintenance, upkeep, repair, replacement and renovation of Improvements or property owned by
such Owner(s); (b) the provision of any services or functions to such Lot(s); (c) the enforcement of
the provisions of any document or agreement for, on behalf of, and in the name of the applicable
Owners; (d) the payment of taxes or other amounts for Owners with funds provided by such
Owners; (e) the collection of charges for use of facilities and (1) the procurement of insurance for
Owners.
Section 4.9. Lien for Assessments.
4.9.1. The Association has a statutory lien on a Lot for any amount levied
against that Lot or the Owner(s) thereof, including for fines imposed against the Lot's
Owner(s). Fees, charges, late charges, attorney fees, fines and interest charged pursuant to
this Declaration are enforceable as assessments under this Article. The amount of the lien
shall include all those items set forth in this Section from the time such items become: due
If an assessment is payable in installments, each installment is a lien from the time it
becomes due, including the due date set by any valid Association acceleration of installment
obligations.
4.9.2. Recording of this Declaration constitutes record notice and perfection of
the lien. No further recordation of any claim of lien for assessments is required. However.
the Board of Directors or managing agent of the Association may prepare, and record in the
county in which the applicable Lot is located, a written notice setting forth the amount of
the unpaid indebtedness, the name of the Owner(s) of the Lot, and a description of the Lot
If a lien is filed, the costs and expenses thereof shall be added to the assessments for the Lot
against which it is filed and collected as part and parcel thereof. The Association's lien may
be foreclosed in like manner as a mortgage on real estate.
4.9.3. A lien for unpaid assessments is extinguished unless proceedings to
enforce the lien are instituted within six (6) years after the full amount of assessments
becomes due.
Section 4.10. Priority of Association Lien.
4.10.1. A lien under this Article is prior to all other liens and encumbrances on a
Lot except:
4.10.1.1. Liens and encumbrances recorded before the recordation of the
Declaration;
4.10.1.2. A Security Interest on the Lot which has priority over all other
security interests on the Lot and which was recorded before the date on which the
assessment sought to be enforced became delinquent; and
4.10.1.3. Liens for real estate taxes and other governmental assessments or
charges against the Lot.
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4.10.2. A lien under this Section is also prior to the Security Interests described
in the preceding subsection 4.10.1.2 to the extent, if any, provided in CCIOA.
4.10.3. This Section does not affect the priority of mechanics' or materialmen's
liens or the priority of liens for other assessments made by the Association.
4.10.4. The Association's lien on a Lot for assessments and other amounts shall
he superior to any homestead exemption now or hereafter provided by the laws of the State
of Colorado or any exemption now or hereafter provided by the laws of the United States.
The acceptance of a deed to land subject to this Declaration shall constitute a waiver of the
homestead and any other exemption as against said Association lien.
Section 4.11. Certificate of Status of Assessments.
The Association shall furnish to an Owner or such Owner's designee or to a Security Interest
Holder or its designee, upon written request delivered personally or by certified mail, first class
postage prepaid, return receipt, to the Association's registered agent, a written statement setting
forth the amount of unpaid assessments currently levied against such Owner's Lot. The statement
shall be furnished within fourteen (14) calendar days after receipt of the request and is binding on
the Association, the Board of Directors, and every Owner. If no statement is furnished lo the
Owner or Security Interest Holder or their designee, delivered personally (including delivery by
telefax) or by certified mail, first class postage prepaid, return receipt requested, to the inquiring
party, then the Association shall have no right to assert a lien upon the Lot for unpaid assessments
which were due as of the date of the request. The Association shall have the right to charge a
reasonable fee for the issuance of such certificates.
Section 4.12. Effect of Non-Payment of Assessments; Remedies of the Association.
Any assessment not paid within ten (10) days after the due date thereof may bear interest
from the due date at the rate of twenty-one percent (21%) per annum, or at any lesser rate, if any
lesser rate is at any time set by the Board of Directors, and the Board of Directors may charge a
monthly late charge thereon. The Association may bring an action at law against the Owner(s)
personally obligated to pay the same, or foreclose the lien against such Owner's Lot. If a judgment
or decree is obtained, including without limitation, in a foreclosure action, such judgment or decree
shall include reasonable attorney's fees to be fixed by the court,together with the costs of the action,
and may include interest and late charges, as above provided. No Owner may be exempt from
liability for payment of assessments by waiver of the use or enjoyment of any of the Common
Elements or by abandonment of the Lot against which the assessments are made, or because of
dissatisfaction with the Association or its performance. This Article does not prohibit actions or
suits to recover sums for which this Declaration creates a lien, nor does this Article prohibit the
Association from taking a deed in lieu of foreclosure.
Section 4.13. Surplus Funds.
Any surplus funds of the Association remaining after payment of or provision for
Association expenses and any prepayment of or provision for reserves shall be retained for use by
the Association and need not be paid to the Owners or credited to them to reduce their future
assessments.
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Section 4.14. Working Capital Fund.
The Association shall require the first Owner (other than the Declarant) of any Lot who
purchases that Lot from the Declarant to make a non-refundable contribution to the Association in
an amount equal to three (3) times the then current monthly installment of the annual assessment
(regardless of whether or not annual assessments have commenced as provided in Section 4 5
hereof). Said contribution shall be collected and transferred to the Association at the time of
closing of the sale by Declarant of each Lot and shall be for the use and benefit of the Association.
including, without limitation, to meet expenditures or to purchase equipment, property or services.
Such contribution to the working capital fund shall not relieve an Owner from making regular
payments of assessments as the same become due. Upon the transfer of his Lot, an Owner shall he
entitled to a credit from his transferee (but not from the Association) for the aforesaid contribution
to working capital fund.
Section 4.15. Other Charges.
The Association may levy and assess charges, costs and fees for matters such as, but not
limited to, the following, in such reasonable amounts(s) as the Board of Directors may determine in
its discretion at any time from time to time, including reimbursement of charges that are made to
the Association by its managing agent or other Person: copying of Association or other documents:
return checks; telefaxes; long distance telephone calls; transfer charges or fees upon transfer of
ownership of a Lot; notices and demand letters; and other charges incurred by the Association for or
on behalf of any Owner(s). All such charges, costs and fees shall be in addition to the assessments
levied by the Association, but shall be subject to all of the Association's rights with respect to the
collection and enforcement of assessments.
Section 4.16. Assessments for Misconduct.
If any Association expense is caused by the misconduct of any Owner, as determined by the
Board of Directors, the Association may assess that Association expense exclusively against such
Owner and his Lot.
ARTICLE 5. ARCHITECTURAL REVIEW COMMITTEE
Section 5.1. Composition of Committee.
The Architectural Review Committee shall consist of three (3) or more persons appointed
by the Board of Directors: provided, however, that until automatic termination of the Special
Declarant Rights as provided in Section 1.23 of this Declaration, the Declarant may appoint the
Architectural Review Committee. The power to "appoint" as provided herein, shall include without
limitation the power to: constitute the initial membership of the Architectural Review Committee;
appoint member(s) to the Architectural Review Committee on the occurrence of any vacancy
therein, for whatever reason; and remove any member of the Architectural Review Committee,with
or without cause, at any time, and appoint the successor thereof. Each such appointment may be
made for such term(s) of office, subject to the aforesaid power of removal, as may be set from time
to time in the discretion of the appointor. The terms of office of all then-current members of the
Committee who were appointed by the Declarant shall automatically terminate at such time as the
Declarant's power to appoint members of the Committee expires.
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Section 5.2. Review and Approval by Committee; Exemption of Declarant;
Requirement for Approval by Governmental Entities.
5.2.1. Except as provided in Section 5.2.3 hereof, no Improvements shall he
constructed, erected, placed, planted, applied or installed upon any Lot unless complete
plans and specifications therefor (said plans and specifications to show exterior design.
height, materials, color, and location of the Improvements, plotted horizontally and
vertically, location and size of driveways, location, size, and type of landscaping. fencing,
walls, windbreaks and grading plan, as well as such other materials and information as may
be required by the Committee), shall have been first submitted to and approved in writing
by the Architectural Review Committee.
5.2.2. The Architectural Review Committee shall exercise its reasonable
judgment to the end that all proposed Improvements conform to and harmonize with the
existing Improvements in the Community. In its review of such plans, specifications and
other materials and information, the Architectural Review Committee may require that the
applicant(s) reimburse the Committee for the actual expenses incurred by the Committee in
the review and approval process. Such amounts, if any, shall be levied in addition to the
assessments against the Lot for which the request for approval was made, but shall be
subject to the Association's lien for assessments and subject to all other rights of the
Association for the collection of such assessments, as more fully provided in this
Declaration.
5.2.3. Notwithstanding anything to the contrary contained in this Declaration,
the Declarant shall he exempt from seeking or obtaining Architectural Review Committee
review and approval for Declarant's development of, construction on, or sales of any Lot or
residence on any Lot.
5.2.4. In addition to the required approvals by the Architectural Review
Committee as provided in this Article, the construction, erection, addition, deletion, change
or installation of any Improvements shall also require the applicant to obtain the approval of
all governmental entities with jurisdiction thereover, and issuance of all required permits,
licenses and approvals by all such entities. Without limiting the generality of the preceding
sentence. issuance of building permit(s) by Adams County, Colorado, if required, shall be a
precondition to commencement of any construction or alteration of, addition to or change in
any Improvement.
Section 5.3. Design Guidelines and Standards.
The Architectural Review Committee has the authority to, at any time from time to time,
enact, issue, promulgate, modify, amend, repeal, re-enact, and enforce, design or architectural
guidelines and standards to interpret and implement the provisions of this Article and the
Declaration. Without limiting the generality of the foregoing, such guidelines and/or standards may
contain provisions to clarify the criteria for approval of certain Improvements, (e.g. the design,
material, size, location, etc.), may state the procedural requirements for submissions to the
Committee, and may provide for blanket approvals, interpretations or restrictions on Improvements.
By way of example, and not by way of limitation, such provisions may state that a certain type of
screen door will be acceptable and will not require approval, or may state that certain types of
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fences are considered pre-approved (as long as such fences comply with the applicable guidelines
and/or standards) and that no other type of fences will be approved by the Committee. The
Committee shall have the authority to enact, issue, promulgate, modify, amend, repeal, re-enact,
and enforce separate guidelines and standards that govern the different types of dwelling units
and/or Lots in the Community. Any guidelines and standards of the Committee shall be consistent,
and not in conflict, with this Article and any other applicable provisions of this Declaration.
Section 5.4. Procedures.
The Architectural Review Committee shall decide each request for approval within sixty
(60) days after the complete submission of all the plans, specifications and other materials and
information which the Committee may require in conjunction therewith. If the Architectural
Review Committee fails to decide any request within sixty (60) days after the complete submission
of all the plans, specifications, materials and other information with respect thereto, then the request
for approval shall he deemed to have been denied.
Section 5.5. Vote and Appeal.
A majority vote of the Architectural Review Committee is required to approve a request tin-
approval pursuant to this Article, unless the Committee has appointed a representative to act for it,
in which case the decision of such representative shall control. In the event a representative acting
on behalf of the Architectural Review Committee decides a request for approval, then any Owner
shall have the right to an appeal of such decision to the full Committee, upon a request therefor
submitted to the Committee within ten (10) days after such decision by the Committee's
representative.
Section 5.6. Prosecution of Work After ApprovaL
After approval of any proposed Improvement, the proposed Improvement shall be
accomplished as promptly and diligently as possible and in complete conformity with the terms and
conditions of the approval. Failure to complete the proposed Improvement within one 11)year after
the date of approval of the application therefor (or such longer time as may be granted in writing by
the Committee in its discretion) or to complete the Improvement in complete conformance with
terms and conditions of the approval, shall constitute noncompliance with the requirements for
approval of Improvements by the Architectural Review Committee.
Section 5.7. Notice of Completion.
Upon completion of the Improvement, the applicant for approval of the same ("Applicant")
shall give a written "Notice of Completion" to the Architectural Review Committee. Until the date
of receipt of such a Notice of Completion, the Architectural Review Committee shall not he
deemed to have notice of completion of the Improvement on which approval has been sought and
granted as provided in this Article.
Section 5.8. Inspection of Work.
The Architectural Review Committee or its duly authorized representative shall have the
right to inspect any Improvement prior to or after completion in order to determine whether or not
the proposed Improvement is being completed or has been completed in compliance with the
approval granted pursuant to this Article; provided, however, that the right of inspection shall
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terminate sixty (60) days after the Architectural Review Committee shall have received a Notice of
Completion from the Applicant.
Section 5.9. Notice of Noncompliance.
If, as a result of inspections or otherwise, the Architectural Review Committee finds that
any Improvement has been done without obtaining the approval of the Architectural Review
Committee or was not done in substantial compliance with terms and conditions of the approval
that was granted, or was not completed within one (1) year after the date of approval, subject to any
extensions of time granted pursuant to Section 5.6 hereof; the Architectural Review Committee
shall notify the Applicant in writing of the noncompliance; which notice shall be given, in any
event, within sixty (60) days after the Architectural Review Committee receives a Notice of
Completion from the Applicant ("Notice of Noncompliance"). The notice shall specify the
particulars of the noncompliance.
Section 5.10. Correction of Noncompliance.
If the Committee determines that a noncompliance exists, the Applicant shall remedy or
remove (and return the subject property or structure to its original condition) the same within a
period of not more than thirty (30) days from the date of receipt by the Applicant of the ruling of the
Committee. If the Applicant does not comply with the Committee ruling within such period, the
Committee may, at its option, record a Notice of Noncompliance against the property on which the
noncompliance exists, may remove the non-complying Improvement or may otherwise remedy the
noncompliance, and the Applicant shall reimburse the Committee, upon demand, for all costs and
expenses incurred with respect thereto. The right of the Committee to remedy or remove any
noncompliance shall be in addition to all other rights and remedies which the Committee may have
at law, in equity, or under this Declaration.
Section 5.11. Variance.
The Architectural Review Committee may grant reasonable variances or adjustments from
any conditions and restrictions imposed by this Article or Article 10 of this Declaration, in order to
overcome practical difficulties or prevent unnecessary hardships arising by reason of the application
of any such conditions and restrictions. Such variances or adjustments shall he granted only in case
the granting thereof shall not be materially detrimental or injurious to the other property or
improvements in the neighborhood and shall not militate against the general intent and purpose
hereof.
Section 5.12. Waivers; No Precedent.
The approval or consent of the Architectural Review Committee, or any representative
thereof, to any application for approval shall not be deemed to constitute a waiver of any right to
withhold or deny approval or consent by the Committee or any representative thereof, as to any
application or other matters whatsoever as to which approval or consent may subsequently or
additionally be required. Nor shall any such approval or consent be deemed to constitute a
precedent as to any other matter.
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Section 5.13. Records.
The Architectural Review Committee shall maintain written records of all applications
submitted to it and all actions taken by it thereon for such period of time as may he determined by
the Board of Directors from time to time, and such records shall be available to Members for
inspection at reasonable hours of the business day.
Section 5.14. Liability.
Neither the Architectural Review Committee nor any members thereof, shall be liable in
equity or damages to any person submitting requests for approval or to any Owner by reason of any
action, failure to act, approval, disapproval, or failure to approve or disapprove in regard to any
matter within their jurisdiction hereunder. In reviewing any matter, the Architectural Review
Committee shall not be responsible for the safety, whether structural or otherwise, of any item(s)
submitted for review, nor the conformance with applicable building codes or other governmental
laws or regulations, and any approval of an Improvement by the Architectural Review Committee
shall not be deemed an approval of any such matters. No Member or other Person shall he a third
party beneficiary of any obligation imposed upon, rights accorded to, action taken by. or approval or
disapproval granted by the Architectural Review Committee.
ARTICLE 6. INSURANCE
Section 6.1. Insurance.
The Association shall maintain insurance in connection with the Common Elements. The
Association shall maintain insurance as required by applicable law or applicable regulation,
including CCIOA, which insurance shall include, without limitation, property insurance,
commercial general liability insurance and fidelity coverage. In addition, the Association may
maintain insurance against such other risks as the Board of Directors may elect from time to time,
including, but not limited to, personal liability insurance to protect directors and officers of the
Association from personal liability in relation to their duties and responsibilities in acting as
directors and officers on behalf of the Association, and may maintain insurance on such other
property and/or against such other risks as the Board of Directors may elect, in its discretion from
time to time.
Section 6.2. Worker's Compensation Insurance.
Subject to the following sentence, if the Association performs any work to or on a Lot or the
structure(s) thereon, including without limitation any maintenance, repair or replacement, the
Association shall obtain and maintain worker's compensation insurance. The Association need not
carry worker's compensation insurance if the work performed by or on behalf of the Association is
performed by a Person who carries worker's compensation insurance and the Association has
obtained proof of such insurance. All policies of worker's compensation insurance shall be in
conformance with state law.
Section 6.3. General Provisions of Insurance Policies.
Except for worker's compensation insurance, which shall comply with Section 6.2 hereof,
all policies of insurance carried by the Association shall comply with this Section. All policies of
insurance carried by the Association shall be carried in blanket policy form naming the Association
18
as insured, or its designee as trustee and attorney-in-fact for all Owners, and each Owner shall be an
insured person under such policies with respect to liability arising out of any Owner's membership
in the Association. Additionally, each Owner and each Security Interest Holder shall he
beneficiaries of the policy in a percentage equal to the Owner's Allocated Interest. The policy or
policies shall contain a standard non-contributory Security Interest Holder's clause in favor of each
Security Interest Holder and a provision that it cannot be canceled or materially altered by either the
insured or the insurance company until thirty (30) days prior written notice thereof is given to the
insured and each Security Interest Holder, insurer or guarantor of a Security Interest. The
Association shall furnish a certified copy or duplicate original of such policy or renewal thereof,
with proof of premium payment and a certificate identifying the interest of the Owner in question,
to any party in interest, including Security Interest Holders, upon request. All policies of insurance
carried by the Association shall also contain waivers of subrogation. Further, all policies of
insurance carried by the Association shall also contain waivers of any defense based on invalidity
arising from any acts or neglect of an Owner where such Owner is not under the control of the
Association.
Section 6.4. Deductibles.
The Association may adopt and establish written non-discriminatory policies arid
procedures relating to the responsibility for deductibles. Any loss, or any portion thereof, which
falls within the deductible portion of a policy that is carried by the Association, shall be borne by
the Person who is responsible for the repair and maintenance of the property which is damaged or
destroyed, may be apportioned among the Persons sharing in ajoint duty of repair and maintenance.
and/or may be partly or wholly borne by the Association, and/or may be shared by any such
Person(s) and the Association at the election of the Board of Directors. Notwithstanding the
foregoing, after notice and hearing, the Association may determine that a loss, either in the form of
a deductible to be paid by the Association or an uninsured loss, resulted from the act or negligence
of one or more Owners. Upon said determination by the Association, any such loss, or any portion
thereof, may be assessed to the Owner(s) in question and the Association may collect such
amount(s) from said Owner(s) in the same manner as any assessment.
Section 6.5. Payment of Insurance Proceeds.
Any loss covered by an insurance policy described in Section 6.1 hereof must be adjusted
with the Association, but the insurance proceeds for that loss shall be payable to any insurance
trustee designated for that purpose, or otherwise to the Association, and not to any Security Interest
Holder. The insurance trustee or the Association shall hold any insurance proceeds in trust for the
Association, Owners and Security Interest Holders, as their interests may appear. Subject to the
provisions of Section 7.1 of this Declaration, the proceeds must be disbursed first for the repair or
replacement of the damaged property; and the Association, Owners and Security Interest Holders
are not entitled to receive payment of any portion of the proceeds unless there is a surplus of
proceeds after the property has been completely repaired or replaced or the Community is
tenninated.
Section 6.6. Association Insurance as Primary Coverage.
If at the time of any loss under any policy which is in the name of the Association, there is
other insurance in the name of any Owner and such Owner's policy covers the same property or
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loss, or any portion thereof, which is covered by such Association policy, such Association policy
shall he primary insurance not contributing with any of such other insurance. An Owner shall be
liable to the Association for the amount of any diminution of insurance proceeds to the Association
as a result of policies of insurance of an Owner, and the Association may collect the amount from
said Owner in the same manner as any assessment. Any such Owner's policy shall also contain
waivers of subrogation.
Section 6.7. Acceptable Insurance Companies.
Each insurance policy purchased by the Association must be written by an insurance carrier
that is authorized by law to do business in the State of Colorado. The Association shall not obtain
any policy where (a) under the terms of the insurance company's charter, bylaws, or policy,
contributions or assessments may be made against the mortgagor or mortgagee's designee, or (b)
under the terms of the carrier's charter, bylaws, or policy, loss payments are contingent upon action
by the carrier's board of directors, policy holders or members, or(c)the policy includes any limiting
clauses (other than insurance conditions) which could prevent mortgagees or any Owner from
collecting insurance proceeds.
Section 6.8. Insurance to be Maintained by Owners.
An insurance policy issued to the Association does not obviate the need for Owners to
obtain insurance for their own benefit. Insurance coverage on each Owner's Lot and the
Improvements thereon, which provides replacement cost coverage, as well as on personal
property belonging to an Owner, and public liability insurance coverage on each Lot, shall be
the responsibility of the Owner of such Lot.
ARTICLE 7. DAMAGE OR DESTRUCTION
Section 7.1. Damage or Destruction.
7.1.1. Any portion of the Community for which casualty insurance is required
to be carried by the Association under this Declaration which is damaged or destroyed must
be repaired or replaced promptly by the Association unless:
7.1.1.1. The Community is terminated; or
7.1.1.2. Repair or replacement would be illegal under any state or local
statute or ordinance governing health or safety; or
7.1.1.3. Members casting sixty-seven percent (67%) of the Association
votes, including the vote for each Lot that has a dwelling unit that will not be rebuilt.
vote not to rebuild; or
7.1.1.4. Prior to conveyance of any Lot to a Person other than the
Declarant, a Security Interest Holder of a Security Interest on the damaged portion
of the Community rightfully demands all or a substantial part of the insurance
proceeds.
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7.1.2. The cost of repair or replacement that is covered by insurance carried by
the Association, but which is in excess of insurance proceeds and reserves, is an
Association expense. If the entire Community is not repaired or replaced, the insurance
proceeds attributable thereto must be used to restore the damaged area to a condition
compatible with the remainder of the Community and, except to the extent that other
Persons will be distrihutees, the remainder of the proceeds must be distributed to all the
Owners or lienholders, as their interests may appear, in proportion to the assessment
liability of all the Lots. If the Members vote not to rebuild any Lot, that Lot's Allocated
Interest is automatically reallocated upon the vote as if the Lot had been condemned as
provided in Section 12.14 of this Declaration, and the Association promptly shall prepare.
execute and record an amendment to the Declaration reflecting such reallocations.
Section 7.2. Lots.
Except as otherwise provided in Section 7.1 hereof, any damage to or destruction of any
structure located on a Lot shall be promptly repaired and replaced by the Owner(s) thereof
"Repaired and replaced," as used in this Section, shall mean restoring the structure to substantially
the same condition in which it existed immediately prior to such damage or destruction, including
having the same boundaries as before. If the Owner(s) of a Lot do not commence repair or
replacement activities within a reasonable time, as provided above, and diligently pursue the same
in conformance with the plans approved by the Architectural Review Committee then, in
accordance with and subject to the provisions of Section 8.3 of this Declaration, the Association
may, in its reasonable discretion, enter upon the Lot for the purpose of completing such repair and
replacement.
ARTICLE 8. EXTERIOR MAINTENANCE
Section 8.1. Worker's Compensation Insurance.
The Association shall carry, or shall ensure that its contractors carry, worker's compensation
insurance as provided in Article 6 at any time that the Association performs, or causes to be
performed, maintenance, repair or replacement activities pursuant to the provisions of this
Declaration.
Section 8.2. General.
8.2.1. Maintenance, repair and replacement of all Common Elements and
Improvements located thereon and of any other drainage structure or facilities, or other
public Improvements required by the local governmental entity as a condition of
development of the Community or any part thereof, shall be the responsibility of the
Association unless such Improvements have been dedicated to and accepted by the local
governmental entity for the purpose of maintenance, repair and replacement or unless such
maintenance, repair and replacement has been authorized by law to be performed by a
special district or other municipal or quasi-municipal entity. In addition to the foregoing, the
Association shall maintain, repair and replace the Improvements located on the
Maintenance Area, including but not limited to the landscaping, fencing and entry
monuments now or hereafter located thereon. Further, the Association may provide such
other maintenance, repair and replacement as the Board of Directors deems appropriate
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from time to time including without limitation, any other publicly dedicated property and
Improvements located thereon. The costs, expenses, fees, and other amounts to be
expended for the maintenance, repair and replacement that is provided for in this subsection
shall, subject to Section 8.5 hereof, be collected by the Association as assessments and paid
as Association expenses.
8.2.2. The Owner of each Lot shall provide all maintenance, repair and
replacement thereof and of the Improvements thereon.
Section 8.3. Association's Right to Repair,Maintain and Replace.
In the event any Owner(s) shall fail to perform his maintenance, repair and/or replacement
obligations in a manner satisfactory to the Board of Directors, the Association may, if said failure
continues for a thirty (30) day period after written notice to said Owner(s) by the Board, enter upon
said Lot subsequent to the expiration of said thirty (30) day time period to perform any or all of
such maintenance, repair or replacement. The cost of such maintenance, repair and/or replacement
shall be the personal obligation of the Owner(s) of the Lot on which such work is performed, and
shall be subject to all of the terms and provisions applicable to assessments as provided in Article 4
of this Declaration, including without limitation, interest, late charges, attorney's fees and lien
rights.
Section 8.4. Maintenance of and Non-Interference with Grade and Drainage;
Irrigation Recommendations Around Foundations and Slabs.
8.4.1. Each Owner shall maintain the grading on his Lot (including grading
around the building foundation), and the Association shall maintain the grading on the
Common Elements, at the slope and pitch fixed by the final grading thereof, including
landscaping and maintenance of the slopes, so as to maintain the established drainage. Each
Owner and the Association agree, for themselves and their. heirs, personal representatives.
successors and assigns, that they will not in any way interfere with or obstruct the
established drainage pattern over any real property which they have a duty to maintain. from
adjoining or other real property. In the event that it is necessary or desirable to change the
established drainage over any Lot or the Common Elements, then the party responsible for
the maintenance of such real property shall submit a plan to the Architectural Review
Committee for its review and approval in accordance with Article 5 of this Declaration, and
any such change shall also be made in accordance with all laws, regulations and resolutions
of any applicable governmental entities. For purposes of this Section, "established drainage"
is defined as the drainage that exists at the time final grading by the Declarant is completed.
8.4.2. The Owner of a Lot should not plant flower beds (especially annuals),
vegetable gardens and other landscaping which requires regular watering, within five (5)
feet of the foundation of the dwelling unit or any slab on the Lot. If evergreen shrubbery is
located within five (5) feet of any foundation wall or slab, then the Owner of the Lot should
water such shrubbery by "controlled hand-watering," and should avoid excessive watering.
Further, piping and heads for sprinkler systems should not be installed within five(5) feet of
foundation walls and slabs.
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Section 8.5. Owner's Acts or Omissions.
Notwithstanding anything to the contrary contained in this Declaration, in the event that the
need for maintenance, repair or replacement of or within any property for which the Association has
an obligation to maintain, repair or replace, any Lot, or any Improvements located thereon, is
caused by the act or omission of any Owner, or by the act or omission of any member of such
Owner's family or by a tenant, guest or invitee of such Owner, the cost of such repair, maintenance,
replacement or expense to avoid such damage shall be the personal obligation of such Owner to the
extent that said Owner would be liable for the acts of such Persons under the laws of the State of
Colorado; and any costs, expenses and fees incurred by the Association for such maintenance,
repair or replacement shall he added to the assessment to which such Owner's Lot is subject and
shall be subject to all of the terms and provisions of Article 4 of this Declaration. A determination
of the act or omission of any Owner, or any member of an Owner's family or a tenant, guest or
invitee of any Owner, and the amount of the Owner's liability therefor, shall be determined by the
Association at a hearing after notice to the Owner, provided that any such determination which
assigns liability to any Owner pursuant to the terms of this Section may be appealed by said Owner
to a court of law.
ARTICLE 9. EASEMENTS
Section 9.1. Other Easements.
In addition to any other easements that may be granted or reserved elsewhere in this
Declaration, the following Sections describe easements to which the Community is or may he
subject.
Section 9.2. Access Easement.
Each Lot shall be subject to an easement in favor of the Association and the Owners,
including the agents, employees and contractors thereof, for performing maintenance, repair and/or
replacement or other services as provided in this Declaration, including without limitation.
maintenance, repair and/or replacement pursuant to Section 8.3 of this Declaration. If damage is
inflicted, or a strong likelihood exists that it will be inflicted, on the Common Elements, any other
property, or any Lot, the Owner responsible for the damage or expense to avoid damage, or the
Association if it is responsible, is liable for the cost of prompt repair. Further, the rights and
easements granted in this Section may be exercised only during reasonable hours after reasonable
notice to the Owner(s) or occupant(s) of any affected Lot; except that no such notice shall he
required in connection with any exterior, non-intrusive maintenance; and except that in emergency
situations entry upon a Lot may be made at any time provided that the Owner(s) or occupant(s) of
each affected Lot shall be warned of impending emergency entry as early as is reasonably possible.
The interior of any dwelling unit located on a Lot shall not be subject to the easements provided for
in this Section.
Section 9.3. Utilities Easement
The Declarant hereby reserves a blanket easement upon, across, over and under the
Common Elements for utilities and the installation, replacement,repair and maintenance of utilities,
including, but not limited to, water, sewer, gas, telephone, electricity, computer cable, and
television antenna or cable or satellite television systems, if any. By virtue of this blanket easement
23
it shall be expressly permissible to erect and maintain the necessary facilities, equipment and
appurtenances on the Common Elements and to affix, repair, and maintain water and sewer pipes,
gas, electric, telephone, computer and television wires, cables, circuits, conduits and meters. In the
event any utility or quasi-utility company furnishing a service covered by the general easement
created herein requests a specific easement by separate recordable document, Declarant reserves
and is hereby given the right and authority to grant such easement upon, across, over or under any
part or all of the Common Elements without conflicting with the terms hereof; provided, however,
that such right and authority in the Declarant shall automatically cease at such time as the Special
Declarant Rights terminate as provided in Section 1.23 of this Declaration, at which time said
reserved right shall vest in the Association. The easement provided for in this Section shall in no
way affect, avoid, extinguish or modify any other recorded easement(s)on the Common Elements.
Section 9.4. Easement for Encroachments.
To the extent that any Improvement on a Lot, or on the Common Elements encroaches on
any other Lot or the Common Elements, a valid easement for the encroachment exists.
Section 9.5. Drainage Easement
Declarant hereby reserves, to itself and to the Association, easements for drainage and
drainage facilities across the five (5) rear and five (5) side feet of each Lot; provided, however, that
if a residence is located upon any of the areas described in this sentence, then such easement shall
be reduced in width to the width of the distance from the nearest Lot line to the exterior wall of the
dwelling unit on such Lot that is nearest to such Lot line. Except for residences as provided in the
preceding sentence, no Improvements shall he placed or permitted to remain on any Lot, nor shall
any change in grading be permitted to exist, which may change the direction of flow or obstruct or
retard the flow of water or other moisture through channels or swales within such rear and side yard
drainage easements. Declarant reserves to itself and to the Association the right to enter in and
upon each five (5) foot rear and side yard drainage easements, at any time, to construct, repair,
replace or change drainage structures or drainage ways, or to perform such grading, drainage or
corrective work as Declarant or the Association may deem necessary or desirable in their sole
discretion from time to time: provided, however, that such right and authority in the Declarant shall
automatically cease at such time as the Special Declarant Rights terminate as provided in Section
1.23 of this Declaration, at which time said reserved right shall vest solely in the Association.
Section 9.6. Easement for Unannexed Property.
The Declarant hereby reserves, for the use and benefit of the Annexable Area, a non-
exclusive, perpetual easement for pedestrian and vehicular access, ingress and egress, on, over and
across the roads, driveways, streets, sidewalks, accessways and similar Common Elements. now or
hereafter constructed, erected, installed or located in or on the Community, and on, over, across and
under the Common Elements for utilities and the construction, location, erection, installation.
storage, maintenance, repair, renovation, replacement and use of any utilities Improvements that
may now or hereafter serve the Annexable Area or any portion thereof (herein collectively the
"Annexable Area Easement"). By virtue of this Annexable Area Easement, the Declarant generally
intends to provide for pedestrian and vehicular access and for utilities services to those portion(s) of
the Annexable Area which have not been included, from time to time, in the Community pursuant
to Section 12.5 of this Declaration. Hence, the Annexable Area Easement shall be in effect for each
24
portion of the Annexable Area, from and after recording of this Declaration, but shall cease to be
effective as to each portion of the Annexable Area at such time as both of the following have
occurred with respect to such portion of the Annexable Area: annexation of such portion of the
Annexable Area to this Declaration pursuant to the aforesaid Section; and expiration of the
Declarant's right to withdraw such portion of the Annexable Area from this Declaration.
ARTICLE 10. RESTRICTIONS
Section 10.1. General Plan;Restrictions Imposed.
It is the intention of the Declarant to establish and impose a general plan for the
improvement, development, use and occupancy of the Community. This Community is subject to
the recorded easements, licenses, and other matters listed on Exhibit C attached hereto and
incorporated herein by this reference, as well as all provisions of any plat or final development plan
applicable to the Community. In addition, the Declarant declares that the Community (including all
of the Lots therein) shall be held and shall henceforth be sold, conveyed, used, improved, occupied,
owned, resided upon and hypothecated, subject to the following provisions, conditions, limitations.
restrictions, agreements and covenants, as well as those contained elsewhere in this Declaration.
Section 10.2. Residential Use;Professional or Home Occupation.
Subject to Section 12.8 of this Declaration, Lots shall be used for residential use only,
including those uses which are customarily incident thereto, and shall not be used at any time for
business, commercial or professional purposes. Notwithstanding the foregoing, however, Owners
may conduct business activities within their homes provided that all of the following conditions are
satisfied:
10.2.1. The business conducted is clearly secondary to the residential use of the
home and is conducted entirely within the home;
10.2.2. The existence or operation of the business is not detectable from outside
of the home by sight, sound, smell or otherwise, or by the existence of signs indicating that
a business is being conducted;
10.2.3. The business does not result in an undue volume of traffic or parking
within the Community, which determination shall be made by the Board of Directors in its
sole discretion from time to time;
10.2.4. The business conforms to all zoning requirements and is lawful in
nature; and
10.2.5. The business conforms to any rules and regulations that may be imposed
by the Board of Directors from time to time on a uniform basis.
Section 10.3. Household Pets.
No animals, livestock, birds, poultry, reptiles or insects of any kind shall be raised, bred,
kept or boarded in or on the Lots; provided, however, that the Owners of each Lot or their tenants
may keep a reasonable number of dogs, cats or other domestic animals which are bona tide
25
household pets, so long as such pets are not kept for any commercial purpose and are not kept in
such number or in such manner as to create a nuisance to any resident of the Lots. The Association
shall have, and is hereby given, the right and authority to determine in its sole discretion that dogs,
cats or other household pets are being kept for commercial purposes or are being kept in such
number or in such manner as to be unreasonable or to create a nuisance, or that an Owner or an
Owner's tenant is otherwise in violation of the provisions of this Section, and to take such action(s)
as it may deem appropriate to correct the same. An Owner's right to keep household pets shall be
coupled with the responsibility to pay for any damage caused by such pets, as well as any costs
incurred by the Association as a result of such pets, and any such costs and damages shall be subject
to all of the Association's rights with respect to the collection and enforcement of assessments as
provided in Article 4 of this Declaration.
Section 10.4. Temporary Structures; Unsightly Conditions.
Except as hereinafter provided, no structure of a temporary character, including, but not
limited to, a house trailer, tent, shack, storage structure (except as otherwise provided in Section
10.5.8 hereof) or outbuilding shall be placed or erected upon any Lot; provided, however, that
during the actual construction, alteration,repair or remodeling of a structure or other Improvements,
necessary temporary structures for storage of materials may be erected and maintained by the
Declarant or a Person doing such work. The work of constructing, altering or remodeling any
structure or other Improvements shall be prosecuted diligently from the commencement thereof
until the completion thereof. Further, no unsightly conditions, structures, facilities, equipment or
objects shall be so located on any Lot as to be visible from a street or from any other Lot.
Section 10.5. Miscellaneous Improvements.
10.5.1. No advertising or signs of any character shall be erected, placed.
permitted, or maintained on any Lot other than a name plate of the occupant and a street
number, and except for a "For Sale," "Open House," "For Rent," or security sign of not
more than five (5) square feet in the aggregate. Notwithstanding the foregoing, reasonable
signs, advertising, or billboards used by the Declarant in connection with the sale or rental
of the Lots, or otherwise in connection with development of or construction on the Lots,
shall be permissible.
10.5.2. No clotheslines, drying yards, service yards, wood piles or storage areas
shall he so located on any Lot as to be visible from a street, from the ground level of any
other Lot or from the Common Elements.
10.5.3. No type of refrigerating, cooling or heating apparatus shall be permitted
on a roof or to protrude from a window and no such apparatus shall be permitted elsewhere
on a Lot except when appropriately screened and approved by the Architectural Review
Committee, subject to any provisions of any guidelines or standards adopted by the
Architectural Review Committee. Without limiting the foregoing, conventional air
conditioning units located on the ground of a Lot are permissible when approved in
accordance with the preceding sentence.
10.5.4. Except as may otherwise be permitted by the Architectural Review
Committee, subject to any provisions of any guidelines or standards adopted by the
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Architectural Review Committee, no exterior radio antennae, television antennae, or other
antennae, satellite dish, or audio or visual reception device of any type shall be placed,
erected or maintained on any Lot, except inside a dwelling unit or otherwise concealed from
view; provided, however,that any such devices may be erected or installed by the Declarant
during its sales or construction upon the Lots; and provided further, however, that the
requirements of this subsection shall not apply to those "antennae" (including certain
satellite dishes) which are specifically covered by the Telecommunications Act of 11996
and/or applicable regulations, as amended from time to time. As to "antennae" (including
certain satellite dishes) which are specifically covered by the Telecommunications Act of
1996 and/or applicable regulations, as amended, the Association shall be empowered to
adopt rules and regulations governing the types of "antennae" (including certain satellite
dishes) that are permissible hereunder and, to the extent permitted by the
Telecommunications Act of 1996 and/or applicable regulations, as amended, establishing
reasonable, non-discriminatory restrictions or requirements relating to appearance, safety,
location and maintenance.
10.5.5. No fences shall be permitted, except those fences approved in writing by
the Architectural Review Committee (which shall include any fences deemed to he
approved when constructed, erected, placed, located or installed in complete contormity
with the provisions of any guidelines or standards adopted by the Architectural Review
Committee) and except such fences as may be constructed, erected, placed, located or
installed by the Declarant in its development of, or construction of, Improvements in the
Community.
10.5.6. No wind generators shall be constructed, installed, erected or maintained
on any Lot.
10.5.7. No dog runs shall be permitted on Lots, except those dog runs approved
in writing by the Architectural Review Committee (which shall include any dog runs
deemed to be approved when constructed, erected, placed, located or installed in complete
conformity with the provisions of any guidelines or standards adopted by the Architectural
Review Committee).
10.5.8. Notwithstanding Section 10.4 hereof, permanent storage sheds shall be
permitted on Lots, but only with the prior approval of the Architectural Review Committee.
(which shall include any storage sheds deemed to be approved when constructed, erected.
placed, located or installed in complete conformity with the provisions of any guidelines or
standards adopted by the Architectural Review Committee).
Section 10.6. Vehicular Parking,Storage and Repairs.
10.6.1. No house trailer, camping trailer, boat trailer, hauling trailer, jet ski,
boat, or accessories thereto, truck (excluding pickup trucks that are 1 ton or less), self-
contained motorized recreational vehicle, or other type of recreational or commercial
vehicle or equipment, may be parked or stored on a Lot unless such parking or storage is
entirely within the garage area of any Lot or will he suitably screened from view in
accordance with the requirements, and prior written approval of, the Architectural Review
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Committee (subject to subject to any provisions of any guidelines or standards adopted by
the Architectural Review Committee). However, any such vehicle may be otherwise parked
as a temporary expedient for loading, delivery, or emergency. This restriction, however.
shall not restrict trucks or other commercial vehicles which are necessary for construction or
maintenance of any portion of the Corn unity or any Improvements located thereon.
10.6.2. Except as otherwise provided in this and the next sentence, no
recreational vehicles, or disassembled or partially disassembled vehicles of any type, shall
be parked, stored, maintained, or used on any Lot (unless such parking or storage will be
within the fully enclosed garage of a Lot). However, recreational vehicles may be
temporarily parked for a maximum of three (3) consecutive days in the driveway of a Lot.
Recreation vehicles shall include, but not be limited to, motorhomes, pick-up trucks with
camper shells, trailers, motorcycles, motorbikes. snowmobiles,jet skis, all-terrain vehicles,
and other apparatus intended for use on land, water, or in the air, and the trailers used for
their transportation.
10.6.3. Except as provided above, no abandoned or inoperable automobiles or
vehicles of any kind shall be stored or parked in the Community. An "abandoned or
inoperable vehicle" shall be defined as any automobile, truck, motorcycle, or other similar
vehicle, which has not been driven under its own propulsion for a period of seventy-two
(72) hours or longer, or which does not have an operable propulsion system installed
therein, or which is not then currently registered and licensed; provided, however, that
otherwise permitted vehicles parked by Owners while on vacation (for a maximum of two
(2) weeks) or during a period of illness shall not be deemed to be abandoned.
10.6.4. In the event the Association shall determine that a vehicle is parked or
stored in violation of subsections 10.6.1, 10.6.2 or 10.6.3 hereof, then a written notice
describing said vehicle shall be personally delivered to the owner thereof(if such owner can
he reasonably ascertained) or shall be conspicuously placed upon the vehicle (if the owner
thereof cannot be reasonably ascertained), and if the vehicle is not removed within a
reasonable time thereafter, as determined by the Association in its discretion from time to
time, the Association shall have the right to remove the vehicle at the sole expense of
thsaowner thereof.
10.6.5. No activity such as, but not limited to, maintenance, repair, rebuilding,
dismantling, repainting or servicing of any kind of vehicles, trailers or boats, may be
performed or conducted in the Community unless it is done within a completely enclosed
structure which screens the sight and sound of the activity from the street and from
adjoining property. The foregoing restriction shall not be deemed to prevent the washing
and polishing of any motor vehicle, boat, trailer, motor cycle, or other vehicle, together with
those activities normally incident and necessary to such washing and polishing on a Lot.
Section 10.7. Nuisances.
No nuisance shall be permitted which is visible within or otherwise affects the Community
or any portion thereof, nor any use, activity or practice which interferes with the peaceful enjoyment
or possession and proper use of the Community or any portion thereof. As used herein, the term
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"nuisance" shall include each violation of this Declaration, the Articles of Incorporation, Bylaws,
rules, regulations, standards and/or guidelines of the Association or the Architectural Review
Committee, but shall not include any activities of Declarant which are reasonably necessary to the
development and construction of, and sales activities in, the Community; provided, however, that
such activities of the Declarant shall not unreasonably interfere with any Owner's use and
enjoyment of his Lot, or with any Owner's ingress and egress to or from his Lot and a public way.
No noxious or offensive activity shall be carried on upon any Lot nor shall anything be done or
placed on any Lot which is or may become a nuisance or cause embarrassment, disturbance or
annoyance to others. Further, no unlawful use shall be permitted or made of the Community or any
portion thereof. All laws, ordinances and regulations of all governmental bodies having jurisdiction
over the Community, or any portion thereof, shall be observed.
Section 10.8. No Hazardous Activities;No Hazardous Materials or Chemicals.
No activities shall be conducted on any Lot or within Improvements constructed on any Lot
which are or might be unsafe or hazardous to any person or property. Without limiting the
generality of the foregoing, no firearms shall be discharged upon any Lot and no open fires shall be
permitted on any Lot except in a contained barbecue unit while attended and in use for cooking
purposes or within an interior fireplace, or except such campfires or picnic fires on property which
may be designated for such use by the Association. Further, no hazardous materials or chemicals
shall at any time be located, kept or stored in, on or at any Lot except such as may be contained in
household products normally kept at homes for use of the residents thereof and in such limited
quantities so as to not constitute a hazard or danger to person or property.
Section 10.9. No Annoying Lights, Sounds or Odors.
No light shall be emitted from any Lot which is unreasonably bright or causes unreasonable
glare; no sound shall be emitted from any Lot which is unreasonably loud or annoying; and no odor
shall be permitted from any Lot which is noxious or offensive to others. Further, no annoying light,
sound or odor shall be permitted in any portion of the Community that may be seen, heard or
smelled from any adjoining portion of the Community.
Section 10.10. Restrictions on Trash and Materials.
No refuse, garbage, trash, lumber, grass, shrubs or tree clippings, plant waste, metal, bulk
materials, scrap or debris of any kind shall be kept, stored, or allowed to accumulate except inside
the residence on any Lot nor shall any such items be deposited on a street, unless placed in a
suitable, tightly-covered container that is suitably located solely for the purpose of garbage pickup.
Further, no trash or materials shall be permitted to accumulate in such a manner as to be visible
from any other portion of the Community. All equipment for the storage or disposal of such
materials shall be kept in a clean and sanitary condition. No garbage or trashcans or receptacles
shall be maintained in an exposed or unsightly manner.
Section 10.11. Lots to be Maintained.
Subject to Section 10.4 hereof, each Lot shall at all times be kept in a clean and sightly
condition by the Owner(s) or tenants thereof.
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Section 10.12. Leases.
The term "lease," as used herein, shall include any agreement for the leasing or rental of a
Lot, or any portion thereof, and shall specifically include, without limitation, month-to-month
rentals and subleases. Any Owner shall have the right to lease his Lot, or any portion thereof, as
long as all leases are in writing and provide that the terms of the lease and lessee's occupancy of the
leased premises shall be subject in all respects to the provisions of this Declaration, and the Articles
of Incorporation, Bylaws and rules and regulations of the Association; and that any failure by the
lessee to comply with any of the aforesaid documents, in any respect, shall be a default under the
lease.
Section 10.13. Landscaping of Lots.
Within one (1) year after initial conveyance of each Lot by the Declarant, the non-Declarant
Owner thereof shall install landscaping (which shall include any landscaping deemed to be
approved when constructed, erected, placed, located or installed in complete conformity with the
provisions of any guidelines or standards adopted by the Architectural Review Committee) on all
unlandscaped portions of his Lot which are not covered by a dwelling unit, and such Owner shall be
responsible for maintaining such landscaping in a neat and attractive condition, including periodic
and horticulturally correct pruning, removal of weeds, and replacement of landscaping. If any
Owner of a Lot fails or refuses to install landscaping, as provided above, then the Association may,
at the direction of the Board of Directors and after giving the notice provided for in Section 8.3 of
this Declaration, enter upon such Owner's Lot and install the minimal landscaping required by any
guidelines or standards adopted by the Architectural Review Committee. The costs and expenses
incurred by the Association as a result the Association installing such landscaping shall be the
personal obligation of the Owner(s) of the Lot on which such work is performed, and shall be
subject to all of the terms and provisions applicable to assessments as provided in Article 4 of this
Declaration, including without limitation, interest, late charges, attorney's fees and lien rights.
ARTICLE 11. PROPERTY RIGHTS IN THE COMMON ELEMENTS
Section 11.1. Owners'Easements of Enjoyment
Subject to this Article, every Owner shall have a non-exclusive right and easement for the
purpose of access to such Owner's Lot and for use for all other purposes, in and to the Common
Elements, and such easement shall be appurtenant to and shall pass with the title to every Lot.
Section 11.2. Extent of Owners'Easements.
Subject to the other provisions of this Article,the rights and easements of enjoyment created
hereby are subject to the following: the Common Elements may not be used in any manner which
violates the statutes, rules, or regulations of any governmental authority with jurisdiction over the
Common Elements; and no Owner may place any structure on the Common Elements. In addition,
such rights and easements are subject to the following rights of the Association:
11.2.1. The right of the Association to borrow money for the purpose of
improving the Common Elements and to mortgage said property as security for any such
loan; provided, however, that the Association may not subject any portion of the Common
Elements to a Security Interest except in accordance with CCIOA; and
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11.2.2. The right of the Association to take such steps as are reasonably
necessary to protect the Common Elements against foreclosure; and
11.2.3. The right of the Association to promulgate and publish rules and
regulations, and of the Architectural Review Committee to promulgate standards,
guidelines, rules and regulations, with which each Member shall strictly comply, including,
but not limited to, the right to regulate and/or restrict vehicular parking and Improvements;
and
11.2.4. The right of the Association to suspend the voting rights of a Member
for any period during which any assessment against his Lot remains unpaid and, for a period
not to exceed sixty (60) days, for any infraction of the Declaration or the Association's
Bylaws or rules and regulations; and
11.2.5. The right of the Association to dedicate or transfer all or any part of the
Common Elements owned by the Association to any public agency, authority, or utility for
such purposes and subject to such conditions as may be agreed to by the Members, provided
that no such dedication or transfer shall be effective unless the same is done in accordance
with CCIOA. Notwithstanding the foregoing, the granting of permits, licenses and
easements for public utilities, roads or for other purposes reasonably necessary or useful for
the proper maintenance or operation of the Community shall not be deemed a transfer
within the meaning of this subsection; and
11.2.6. The right of the Association, through its Board of Directors, to enter
into, make, perform or enforce any contracts, leases, agreements, licenses, easements and
rights-of-way, for the use of real property or Improvements by Owners, other Persons, their
family members, guests and invitees, for any purpose(s)the Board of Directors may deem to
be useful, beneficial or otherwise appropriate; and
11.2.7. The right of the Association to close or limit the use of the Common
Elements while maintaining,repairing and making replacements in the Common Elements.
Section 11.3. Use of Common Elements by Declarant.
An easement is hereby granted to the Declarant on, over and through the Common Elements
as may be reasonably necessary for the purpose of exercising or discharging any of Declarant's
rights or obligations or exercising any Special Declarant Rights, and no Owner shall engage in any
activity which will temporarily or permanently interfere with the Declarant's easements on, over and
through the Common Elements.
Section 11.4. Delegation of Use.
Any Owner may delegate his right of enjoyment to the Common Elements and facilities to
the members of his family, his tenants, or contract purchasers who reside on his Lot.
Section 11.5. Payment of Taxes or Insurance by Security Interest Holders.
Security Interest Holders shall have the right,jointly or singly, to pay taxes or other charges
or assessments which are in default and which may be or have become a lien against the Common
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Elements and may pay overdue premiums on hazard insurance policies or secure new hazard
insurance coverage on the lapse of a policy for the Common Elements, and any Security Interest
Holders making any such payments shall be owed immediate reimbursement therefor from the
Association.
Section 11.6. Conveyance or Encumbrance of Common Elements.
Portions of the Common Elements may be conveyed or subjected to a Security Interest by
the Association only in accordance with CCIOA and this Declaration.
Section 11.7. Designation of Common Elements.
Declarant in recording this Declaration has designated certain areas of land as Common
Elements intended for the common use and enjoyment of Owners for recreation and other related
activities, as provided in this Declaration and other applicable documents. The Common Elements
owned by the Association are not dedicated hereby for use by the general public.
Section 11.8. Duty to Accept Property and Facilities Transferred by Declarant.
The Association shall accept title to any Common Elements, including Improvements
thereon, as well as personal property, equipment, and easements, transferred to the Association by
the Declarant, together with responsibility to perform all duties and functions of the Association
which are set forth in this Declaration or otherwise assumed by the Association; as long as such
transfer(s) do not require the Association to perform in a manner which is inconsistent with the
duties and functions of the Association as set forth in this Declaration. As of the date of recording
of this Declaration, interests which are planned to be transferred by the Declarant to the Association
are planned to consist only of fee simple title to Common Elements to be located in the property
described on the attached Exhibit A and/or the Annexable Area, and/or easements.
ARTICLE 12. GENERAL PROVISIONS
Section 12.1. Enforcement
Enforcement of the covenants, conditions, restrictions, easements, reservations, rights-of-
way, liens, charges and other provisions contained in this Declaration, the Articles of Incorporation,
Bylaws, rules, regulations, standards and/or guidelines of the Association or the Architectural
Review Committee, as supplemented and amended from time to time, may be by any proceeding at
law or in equity against any Person(s) (including, without limitation, the Association) violating or
attempting to violate any such provision. The Association and any aggrieved Owner shall have the
right to institute, maintain and prosecute any such proceedings, and the Association shall further
have the right to levy and collect fines for the violation of any provision of any of the aforesaid
documents. Remedies for violation(s) of this Declaration, the Articles of Incorporation, Bylaws,
rules, regulations, standards and/or guidelines of the Association or the Architectural Review
Committee, shall be cumulative and no remedy shall be exclusive of other remedies that may be
available. In any action instituted or maintained under this Section, the prevailing party shall be
entitled to recover its costs and reasonable attorneys' fees incurred pursuant thereto, as well as any
and all other sums awarded by the Court. Failure by the Association or any Owner to enforce any
covenant, restriction or other provision herein contained, or any other provision of any of the
aforesaid documents, shall in no event be deemed a waiver of the right to do so thereafter.
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Section 12.2. Severability.
All provisions of this Declaration, the Articles of Incorporation and Bylaws of the
Association are severable. Invalidation of any of the provisions of any such documents, by
judgment, court order or otherwise, shall in no way affect or limit any other provisions which shall
remain in full force and effect.
Section 12.3. Conflict of Provisions.
In case of any conflict between this Declaration and the Articles of Incorporation or Bylaws
of the Association, this Declaration shall control. In case of any conflict between the Articles of
Incorporation and the Bylaws of the Association,the Articles of Incorporation shall control.
Section 12.4. Conflict with CCIOA.
In the event that any of the terms or provisions of this Declaration are in conflict or
inconsistent with CCIOA, the terms or provisions of CCIOA shall control and govern. In case of
any such conflict or inconsistency, the applicable terms and provisions contained in this Declaration
shall, to the extent possible, be construed in accordance with CCIOA, and any conflict with or
violation of CCIOA by any terms or provisions of this Declaration shall not affect, void, or render
unenforceable any other term or provision of this Declaration(which shall be in full force and effect
in accordance with their terms).
Section 12.5. Annexation; Withdrawal
12.5.1. Additional property may be annexed to this Declaration with the
consent, at the time such annexation is to be effective, of Members casting sixty-seven
percent (67%) of the Association votes and with the consent, at the time such annexation is
to be effective, of the owner of the property to be annexed.
12.5.2. Notwithstanding the foregoing, the Declarant may annex to this
Declaration the Annexable Area or any portion(s) thereof, until termination of this right as
provided below, without consent of any other Owners, Security Interest Holders, or any
other Person; however, such annexation is subject to a determination by HUD or VA (if the
Declarant desires to attempt to obtain HUD or VA approval of the property being annexed
and if HUD or VA require such approval) that the annexation is in accord with the general
plan approved by them and that the structures to be located thereon will be of comparable
style, quality, size and cost to the existing Improvements. Each annexation shall be effected,
if at all, by recording an Annexation of Additional Land in the Office of the Clerk and
Recorder of the County in which the annexed property is located, which document:
12.5.2.1. shall provide for annexation to this Declaration of the property
described in such Annexation of Additional Land;
12.5.2.2. shall identify the owner(s) of the Lots thereby created;
12.5.2.3. shall assign an identifying number to each new Lot;
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12.5.2.4. shall describe any Common Elements within the property being
annexed;
12.5.2.5. shall show or describe any Maintenance Area incidental to such
annexation;
12.5.2.6. shall reallocate the Allocated Interests; and
12.5.2.7. may include such other provisions as the Declarant deems
appropriate. Other provisions that may be included in an Annexation of Additional
Land include, without limitation, covenants, conditions, restrictions, requirements
and/or other provisions, in addition to or different from those contained elsewhere in
this Declaration,that apply or will apply to some or all of the property that is thereby
being annexed to this Declaration. Any of such other provisions referenced in this
subsection may be amended with the consent of the Owners of sixty-seven percent
(67%) of the Lots to which such other provisions apply.
12.5.3. The Declarant's right to annex the Annexable Area without approval, as
provided in subsection 12.5.2 above, shall terminate automatically as provided in Section
1.23 of this Declaration.
12.5.4. Except as otherwise specifically stated in an Annexation of Additional
Land, as provided in subsection 12.5.2.7 above, all provisions of this Declaration, including
(as to Lots), but not limited to, those provisions regarding obligations to pay assessments to
the Association and any right to cast votes as Members, shall apply to the annexed property
immediately upon the effective date of the Annexation of Additional Land or other
document of annexation (which shall constitute the date of recording of the Annexation of
Additional Land or other annexation document, unless otherwise stated therein), unless and
to the extent any provisions of this Declaration are, as to the annexed property or any
portion thereof, changed or deleted by such Annexation of Additional Land.
12.5.5. Each Person who acquires any property within the Annexable Area after
the date of recording hereof will have agreed, pursuant to applicable documents, that such
property will be governed by this Declaration. The Declarant, therefore, reserves the right
(but not the obligation), during the time period set forth in subsection 12.5.3 hereof, to
annex such property to the Declaration without further authorization from the Person who
has purchased such property, even if such annexation occurs subsequent to conveyance of
such property by Declarant.
12.5.6. The property which is described on the attached Exhibit A and each
portion of the Community which is annexed to this Declaration as provided in the preceding
subsections, shall he subject to a right of withdrawal by the Declarant. Such withdrawal
may be accomplished, if at all, in accordance with CCIOA. However, the Declarant's right
to withdraw such property and each such portion of the Community shall expire and
terminate as to such property and each such portion of the Community, upon the first
conveyance of any Lot in such portion of the Community to any Person other than the
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Declarant,but in any event, no later than the automatic termination of the Special Declarant
Rights as provided in Section 1.23 of this Declaration.
Section 12.6. Minor Violations of Setback Restrictions.
If upon the erection of any structure, it is disclosed by survey that a minor violation or
infringement of setback lines has occurred, such violation or infringement shall be deemed waived
by the Owners of each Lot immediately adjoining the structure which is in violation of the setback,
and such waiver shall be binding upon all other Owners. However, nothing contained in this
Section shall prevent the prosecution of a suit for any other violation of the restrictions, covenants,
or other provisions contained in this Declaration. A "minor violation," for the purpose of this
Section, is a violation of not more than four (4) feet beyond the required setback lines or Lot lines.
This provision shall apply only to the original structures and shall not be applicable to any
alterations or repairs to, or replacements of, any of such structures.
Section 12.7. Subdivision or Replotting of Lots.
The Declarant hereby reserves the right to subdivide or replat any Lot(s) owned by the
Declarant, and each such subdivision or replatting may change the number of Lots in the
Community. Without limiting the generality of the foregoing, the Declarant reserves the right to
move any Lot lines(s) on Lot(s) owned by the Declarant, for the purpose of accommodating
Improvements which are constructed or are to be constructed. The rights provided for in this
Section shall terminate automatically upon termination of the Special Declarant Rights, as provided
in Section 1.23 of this Declaration.
Section 12.8. Declarant's Use.
Notwithstanding anything to the contrary contained in this Declaration, it shall be expressly
permissible and proper for the Declarant, its employees, agents, and contractors, to perform such
reasonable activities, and to maintain upon portions of the Lots and the Common Elements such
facilities as the Declarant deems appropriate, specifically including, without limiting the generality
of the foregoing, maintaining signs, sales offices, management offices, model units and
construction offices in such numbers, of such sizes, and at such locations as the Declarant
determines in its reasonable discretion from time to time. Nothing contained in this Declaration
shall limit the rights of the Declarant to conduct all construction, sales, and marketing activities as
the Declarant deems necessary or desirable and to use the easements provided in this Declaration
for those and other purposes. Further, nothing contained in this Declaration shall limit the rights of
the Declarant or require the Declarant to obtain approvals: (a) to excavate, cut, fill or grade any
property or to construct, alter, demolish or replace any Improvements; (b) to use any Improvements
on any property as sales offices, management offices, model units and/or construction offices in
connection with the development, construction or sale of any property; and/or (c) to require the
Declarant to seek or obtain the approval of the Architectural Review Committee, the Board of
Directors, or the Association for any such activity. Any real estate used as a sales office,
management office, model unit, or for the location of a trailer used as a construction or sales office,
shall be a Lot or Common Elements, as such property is designated in the document(s) annexing
such property to this Declaration. As permitted by Section 216(1) of CCIOA, the Declarant hereby
reserves for itself and its guests an easement through the Common Elements for access to, from,
35
and incidental to the use of, any property now or hereafter used as sales offices, management
offices, model units, or for the location of trailers used as construction or sales offices.
Section 12.9. Duration,Revocation, and Amendment.
12.9.1. Each and every provision of this Declaration shall run with and bind the
land for a term of twenty (20) years from the date of recording of this Declaration, after
which time this Declaration shall be automatically extended for successive periods of ten
(10) years each. Except as otherwise provided in this Declaration, this Declaration may be
amended during the first twenty(20) year period, and during subsequent extensions thereof,
by the affirmative vote or agreement of Members holding more than fifty percent (50%) of
the Allocated Interests; provided, however, while Declarant owns any portion of the
property described on the attached Exhibits A and D, no amendment may be made to this
Declaration except with the affirmative vote or agreement of Members holding ninety
percent (90%) of the Association votes.
12.9.2. Every amendment, if any, to the Declaration must be done in compliance
with CCIOA.
12.9.3. Notwithstanding anything to the contrary contained in this Declaration,
the Declaration may be amended in whole or in part, at any time from time to time, by the
Declarant without the consent or approval of any other Owner, any Security Interest Holder,
or any other Person, in order to comply with the requirements, standards, or guidelines of
any of the Agencies or of recognized secondary mortgage markets. Such right of
amendment shall terminate automatically as provided in Section 1.23 of this Declaration.
12.9.4. Notwithstanding anything to the contrary contained in this Declaration,
this Declaration, or any map or plat, may be amended in whole or in part, at any time from
time to time, by the Declarant without the consent or approval of any other Owner, any
Security Interest Holder, or any other Person, in order to correct clerical, typographical, or
technical errors. Such right of amendment shall terminate automatically as provided in
Section 1.23 of this Declaration.
12.9.5. Except as to amendments which may be made by the Declarant,
amendments to this Declaration may be prepared, executed, recorded, and certified by any
officer of the Association designated for that purpose or, in the absence of designation, by
the president of the Association. Such certification shall, in the case of an amendment
requiring the approval of Owners, certify that the Association has received the requisite
approvals. Amendments to this Declaration which may be made by the Declarant pursuant
to this Declaration or as permitted by CCIOA, may be signed by the Declarant and shall
require no other signatory.
Section 12.10. Registration of Mailing Address.
Each Owner and each Security Interest Holder, insurer or guarantor of a Security Interest,
shall register his mailing address with the Association, and except for annual statements and other
routine notices, all other notices or demands intended to be served upon an Owner, or upon a
Security Interest Holder, insurer or guarantor of a Security Interest, shall be sent by either registered
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or certified mail, postage prepaid, addressed in the name of such Person at such registered mailing
address. However, if any Owner fails to notify the Association of a registered address, then any
notice or demand may be delivered or sent, as aforesaid, to such Owner at the address of such
Owner's Lot. All notices, demands, or other notices intended to be served upon the Board of
Directors or the Association during the 75% Control Period shall be sent by registered or certified
mail, postage prepaid, c/o Kaufman and Broad of Colorado, Inc., 8401 East Belleview Avenue,
Suite 200, Denver, Colorado 80237, unless such address is changed by the Association during the
75% Control Period; subsequent to expiration of the 75% Control Period, the Association shall
notify the Owners of a different address for notices.
Section 12.11. HUD or VA Approval.
During the 75% Control Period, the following actions shall require the prior approval of
HUD or VA if, at the time any such action is taken, HUD has insurance or VA has a guarantee(s)
on one or more first Security Interests, and HUD or VA require such approval: annexation of
additional real property (if the Declarant desires to obtain VA or HUD approval of the property that
is being annexed and HUD or VA require such approval); amendment of this Declaration, except as
provided in Sections 12.9.3 and 12.9.4 hereof; termination of this Community; or merger or
consolidation of the Association, except as provided in Section 3.14 of this Declaration.
Section 12.12. Termination of Community.
The Community may be terminated only in accordance with CCIOA.
Section 12.13. Transfer of Special Declarant Rights.
A Special Declarant Right created or reserved under this Declaration may be transferred
only by an instrument evidencing the transfer recorded in every county in which any portion of the
Community is located, and in accordance with CCIOA.
Section 12.14. Eminent Domain.
The taking by eminent domain of a Lot(s) or Common Element(s), or any portion thereof,
shall be done in accordance with applicable law, including without limitation CCIOA.
Section 12.15. Limitation on Liability.
The Association, the Board of Directors, the Architectural Review Committee, the
Declarant, and the officers, directors, members, partners, agents and employees of the same, shall
not be liable to any Person for any action or for any failure to act unless the action or failure to act
was not in good faith and was done or withheld with malice.
Section 12.16. No Representations, Guaranties or Warranties.
No representations, guaranties or warranties of any kind, express or implied, shall be
deemed to have been given or made by Declarant, the Association, the Board of Directors, the
Architectural Review Committee, or by any of their officers, directors,members, partners, agents or
employees, in connection with any portion of the Community, or any Improvement, its or their
physical condition, structural integrity, freedom from defects, zoning, compliance with applicable
laws, fitness for intended use, or view, or in connection with the subdivision, sale, operation,
37
maintenance, cost of maintenance, taxes or regulation thereof, unless and except as shall be
specifically set forth in writing.
Section 12.17. Disclaimer Regarding Safety.
DECLARANT, THE ASSOCIATION, THE BOARD OF DIRECTORS AND THE
ARCHITECTURAL REVIEW COMMITTEE, AND THEIR OFFICERS, DIRECTORS,
MEMBERS, PARTNERS, AGENTS AND EMPLOYEES, HEREBY DISCLAIM ANY
OBLIGATION REGARDING THE SECURITY OF ANY PERSONS OR PROPERTY WITHIN
THE COMMUNITY. BY ACCEPTING A DEED TO PROPERTY WITHIN THE
COMMUNITY, EACH OWNER ACKNOWLEDGES THAT DECLARANT, TILE
ASSOCIATION, THE BOARD OF DIRECTORS AND THE ARCHITECTURAL REVIEW
COMMITTEE, AND THEIR OFFICERS, DIRECTORS, MEMBERS, PARTNERS, AGENTS
AND EMPLOYEES, ARE ONLY OBLIGATED TO DO THOSE ACTS SPECIFICALLY
ENUMERATED HEREIN, OR IN THE ARTICLES OF INCORPORATION, BYLAWS AND
RULES AND REGULATIONS OF THE ASSOCIATION, AND ARE NOT OBLIGATED TO
DO ANY OTHER ACTS WITH RESPECT TO THE SAFETY OR PROTECTION OF PERSONS
OR PROPERTY WITHIN THE COMMUNITY.
Section 12.18. Headings.
The Article, Section and subsection headings in this Declaration are inserted for
convenience of reference only, do not constitute a part of this Declaration, and in no way define,
describe or limit the scope or intent of this Declaration or any of the provisions hereof.
Section 12.19. Gender.
Unless the context requires a contrary construction, the singular shall include the plural and
the plural the singular and the use of any gender shall be applicable to all genders.
Section 12.20. Run with Land;Binding Upon Successors.
The benefits, burdens and all other provisions contained in this Declaration shall be
covenants running with and binding upon this Community and all real property and Improvements
which are now or hereafter become a part thereof. The benefits, burdens and all other provisions
contained in this Declaration shall be binding upon, and inure to the benefit of the Declarant, the
Association and all Owners, and upon and to their respective heirs, personal representatives,
successors and assigns.
Section 12.21. Right to Farm Covenant
Weld County is one of the most productive agricultural counties in the United States. The
rural areas of Weld County may be open and spacious, but they are intensively used for agriculture.
Persons moving into a rural area must recognize there are drawbacks, including conflicts with
longstanding agricultural practices and a lower level of services than in town.
Agricultural users of the land should not be expected to change their long-established
agricultural practices to accommodate the intrusions of urban users into a rural area. Well run
agricultural activities will generate off-site impacts, including: noise from tractors and equipment;
dust from animal pens, field work, harvest, and gravel roads; odor from animal confinement, silage,
38
and fertilizers in the fields, including the use of aerial spraying. Ditches and reservoirs cannot
simply be moved out of the way of residential development without threatening the efficient
delivery of irrigation to fields which is essential to farm production.
Weld County covers a land area of over 4,000 square miles in size (twice the State of
Delaware) with more than 3,700 miles of state and county roads outside of municipalities. The
sheer magnitude of the area to be served stretches available resources. Law enforcement is based
on responses to complaints more than on patrols of the county and the distances which must be
traveled may delay all emergency responses, including law enforcement, ambulance, and fire. Fire
protection is usually provided by volunteers who must leave their jobs and families to respond to
emergencies. County gravel roads, no matter how often they are bladed, will not provide the same
kind of surface expected from a paved road. Snow removal priorities mean that roads from
subdivisions to arterials may not be cleared for several days after a major snowstorm. Snow
removal for roads within subdivisions are of the lowest priority for public works or may be the
private responsibility of the homeowners. Services in rural areas, in many cases, will not be
equivalent to municipal services.
Children are exposed to different hazards in the county than in an urban or suburban setting.
Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps
and center pivot operations, high speed traffic, sand burs, puncture vines, territorial farm dogs, and
livestock present real threats to children. Controlling children's activities is important, not only for
their safety, but also for the protection of the farmer's livelihood.
IN WITNESS WHEREOF, the undersigned has hereunto set its hand and seal this
day of , 2000.
DECLARANT:
BROMLEY 132, L.L.C., A Colorado Limited
Liability Company
By:
Its:
39
STATE OF COLORADO )
) ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
2000, by as of Bromley 132, L.L.C. A colorado
Limited Liability Company.
Witness my hand and official seal.
(SEAL)
Notary Public
My commission expires:
40
EXHIBIT A
TO
DECLARATION OF COVENANTS, CONDITIONS
AND RESTRICTIONS OF IDAHO CREEK
(The Community)
A-1
EXHIBIT B
TO
DECLARATION OF COVENANTS, CONDITIONS
AND RESTRICTIONS OF IDAHO CREEK
(Common Elements)
B-1
EXHIBIT C
TO
DECLARATION OF COVENANTS, CONDITIONS
AND RESTRICTIONS OF IDAHO CREEK
(Certain Title Exceptions)
C-1
EXHIBIT D
TO
DECLARATION OF COVENANTS, CONDITIONS
AND RESTRICTIONS OF IDAHO CREEK
(Annexable Property)
D-1
EXHIBIT E
TO
DECLARATION OF COVENANTS, CONDITIONS
AND RESTRICTIONS OF IDAHO CREEK
(Maintenance Area)
E-1
DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS OF
IDAHO CREEK
TABLE OF CONTENTS
ARTICLE 1. DEFINITIONS 1
Section 1.1. Agencies. 1
Section 1.2. Allocated Interests 1
Section 1.3. Annexable Area 2
Section 1.4. Architectural Review Committee or Committee 2
Section 1.5. Association. 2
Section 1.6. Board of Directors or Board 2
Section 1.7. CCIOA 2
Section 1.8. Common Elements 2
Section 1.9. Community 2
Section 1.10. Declarant 2
Section 1.11. Declaration. 3
Section 1.12. Development Rights 3
Section 1.13. Improvements 3
Section 1.14. Lot 4
Section 1.15. Lots that May Be Included 4
Section 1.16. Maintenance Area. 4
Section 1.17. Member. 4
Section 1.18. Owner. 4
Section 1.19. Person. 4
Section 1.20. Security Interest 4
Section 1.21. Security Interest Holder 5
Section 1.22. 75% Control Period 5
Section 1.23. Special Declarant Rights 5
Section 1.24. Unfinished Lot 6
ARTICLE 2. MEMBERSHIP AND VOTING RIGHTS 6
Section 2.1. Membership 6
Section 2.2. Voting Rights. 6
ARTICLE 3. ASSOCIATION 6
Section 3.1. Association. 6
Section 3.2. Board of Directors 6
Section 3.3. Authority of Board of Directors 6
Section 3.4. Election of Part of the Board of Directors During the 75%Control
Period 7
Section 3.5. Authority of Declarant During 75% Control Period. 7
Section 3.6. Termination of 75% Control Period. 7
Section 3.7. Delivery of Property by Declarant. 7
Section 3.8. Budget 7
Section 3.9. Association Books and Records. 7
Section 3.10. Information Regarding Security Interests on Lots 8
Section 3.11. Rules and Regulations 8
Section 3.12. Cooperation with any Other Community Associations, and/or any
Districts 8
Section 3.13. Management Agreements and Other Contracts 9
Section 3.14. Merger. 9
ARTICLE 4. ASSESSMENTS 9
Section 4.1. Personal Obligation for Assessments. 9
Section 4.2. Purpose of Assessments 9
Section 4.3. Initial Annual Assessment. 10
Section 4.4. Rate of Annual and Special Assessments 10
Section 4.5. Date of Commencement of Annual Assessments. 11
Section 4.6. Special Assessments. 11
Section 4.7. Notice and Quorum for Any Special Assessments 11
Section 4.8. Assessments/Charges for Services to Less Than All Lots. 11
Section 4.9. Lien for Assessments. 12
Section 4.10. Priority of Association Lien 12
Section 4.11. Certificate of Status of Assessments 13
Section 4.12. Effect of Non-Payment of Assessments; Remedies of the
Association. 13
Section 4.13. Surplus Funds 13
Section 4.14. Working Capital Fund 14
Section 4.15. Other Charges 14
Section 4.16. Assessments for Misconduct. 14
ARTICLE 5. ARCHITECTURAL REVIEW COMMITTEE 14
Section 5.1. Composition of Committee 14
Section 5.2. Review and Approval by Committee; Exemption of Declarant;
Requirement for Approval by Governmental Entities. 15
Section 5.3. Design Guidelines and Standards. 15
Section 5.4. Procedures. 16
Section 5.5. Vote and Appeal 16
Section 5.6. Prosecution of Work After Approval. 16
Section 5.7. Notice of Completion 16
Section 5.8. Inspection of Work 16
Section 5.9. Notice of Noncompliance. 17
Section 5.10. Correction of Noncompliance 17
Section 5.11. Variance 17
Section 5.12. Waivers; No Precedent 17
Section 5.13. Records 18
Section 5.14. Liability. 18
ARTICLE 6. INSURANCE 18
Section 6.1. Insurance 18
Section 6.2. Worker's Compensation Insurance. 18
Section 6.3. General Provisions of Insurance Policies. • 18
Section 6.4. Deductibles 19
Section 6.5. Payment of Insurance Proceeds. 19
Section 6.6. Association Insurance as Primary Coverage. 19
Section 6.7. Acceptable Insurance Companies 20
Section 6.8. Insurance to be Maintained by Owners. 20
ARTICLE 7. DAMAGE OR DESTRUCTION 20
Section 7.1. Damage or Destruction. 20
Section 7.2. Lots. 21
ARTICLE 8. EXTERIOR MAINTENANCE 21
Section 8.1. Worker's Compensation Insurance. 21
Section 8.2. General. 21
Section 8.3. Association's Right to Repair, Maintain and Replace. 22
Section 8.4. Maintenance of and Non-Interference with Grade and Drainage;
Irrigation Recommendations Around Foundations and Slabs. 22
Section 8.5. Owner's Acts or Omissions 23
ARTICLE 9. EASEMENTS 23
Section 9.1. Other Easements 23
Section 9.2. Access Easement. 23
Section 9.3. Utilities Easement. 23
Section 9.4. Easement for Encroachments 24
Section 9.5. Drainage Easement 24
Section 9.6. Easement for Unannexed Property. 24
ARTICLE 10. RESTRICTIONS 25
Section 10.1. General Plan; Restrictions Imposed 25
Section 10.2. Residential Use; Professional or Home Occupation. 25
Section 10.3. Household Pets 25
Section 10.4. Temporary Structures; Unsightly Conditions 26
Section 10.5. Miscellaneous Improvements. 26
Section 10.6. Vehicular Parking, Storage and Repairs 27
Section 10.7. Nuisances 28
Section 10.8. No Hazardous Activities; No Hazardous Materials or Chemicals 29
Section 10.9. No Annoying Lights, Sounds or Odors. 29
Section 10.10. Restrictions on Trash and Materials. 29
Section 10.11. Lots to be Maintained 29
Section 10.12. Leases. 30
Section 10.13. Landscaping of Lots. 30
iii
ARTICLE 11. PROPERTY RIGHTS IN THE COMMON ELEMENTS 30
Section 11.1. Owners' Easements of Enjoyment. 30
Section 11.2. Extent of Owners' Easements. 30
Section 11.3. Use of Common Elements by Declarant. 31
Section 11.4. Delegation of Use 31
Section 11.5. Payment of Taxes or Insurance by Security Interest Holders 31
Section 11.6. Conveyance or Encumbrance of Common Elements 32
Section 11.7. Designation of Common Elements 32
Section 11.8. Duty to Accept Property and Facilities Transferred by Declarant. 32
ARTICLE 12. GENERAL PROVISIONS 32
Section 12.1. Enforcement. 32
Section 12.2. Severability 33
Section 12.3. Conflict of Provisions. 33
Section 12.4. Conflict with CCIOA 33
Section 12.5. Annexation; Withdrawal 33
Section 12.6. Minor Violations of Setback Restrictions. 35
Section 12.7. Subdivision or Replatting of Lots 35
Section 12.8. Declarant's Use 35
Section 12.9. Duration,Revocation, and Amendment. 36
Section 12.10. Registration of Mailing Address 36
Section 12.11. HUD or VA Approval 37
Section 12.12. Termination of Community. 37
Section 12.13. Transfer of Special Declarant Rights 37
Section 12.14. Eminent Domain. 37
Section 12.15. Limitation on Liability. 37
Section 12.16. No Representations, Guaranties or Warranties 37
Section 12.17. Disclaimer Regarding Safety. 38
Section 12.18. Headings 38
Section 12.19. Gender. 38
Section 12.20. Run with Land; Binding Upon Successors 38
EXHIBIT A -The Community
EXHIBIT B—Common Elements
EXHIBIT C—Certain Title Exceptions
EXHIBIT D—Annexable Property
EXHIBIT E—Maintenance Area
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