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Home My WebLink About20002948.tiff 41)'(ZiRt APPLICATION_FLOW SHEET COLORADO APPLICANT: Don Lafaver/Reflection Bay CASE#: S-557 REQUEST: Final Plan, Administrative Review LEGAL: Part of the SW4/SW4 of Section 29, T2N, R68W of the 6th P.M., Weld County, Colorado LOCATION: West of and adjacent to WCR 3 1/4, North of State Highway 52 PARCEL ID#: 131329000073 Date By Application Received 09/08/00 JAC Application Completed 09/08/00 JAC Referrals listed 09/12/00 JAC Design Review Meeting (PUD) n1a JAC File assembled . 1- Pi- Letter to applicant mailed Referrals mailed �T Chaindexed q__ 1-(;L c l ES Vicinity map prepared Field check by DPS staff in Administrative Review decision:( 7 ji9`7t, (Vek, Date By County Commisioners Hearing Date(if applicable) Surrounding property owners notified Air photo and maps prepared �,, d> CC action:_ CC resolution received Recorded on maps and filed Overlay Districts Road Impact Fee Area: Zoning PUD YesX No Airport Yes_ No X SW Weld_X_#1_X_#2__#3,. Geologic Yes No X_ Windsor_ Flood Hazard Yes_X No Panel#080266-0850C 2000-2948 aqla P.U.D Final Plan WI`Dc Administrative Review COLORADO CASE NUMBER: S-557 PLANNER: Julie A. Chester APPLICANT: Don Lafaver/Reflection Bay Planned Unit Development ADDRESS: 2185 Pinedrop Lane, Golden, CO 80401 REQUEST: Final Plat for a Planned Unit Development for five (5) Residential lots with Twenty- five (25) Acres of Common Open Space LEGAL DESCRIPTION: Part of the SW4 of Section 29, T2N, R68W of the 6th P.M , Weld County, Colorado LOCATION: West of and adjacent to WCR 3 1/4, approximately 1/4 mile south of WCR 16 1/2 ACRES: 40 acres PARCEL # 1313-29-000073 THE DEPARTMENT OF PLANNING SERVICES'STAFF HAS APPROVED THIS REQUES rFOR THE FOLLOWING REASONS: 1. The submitted materials are in compliance with the application requirements of Section 7 4 of the PUD Ordinance. 2. The request is in conformance with Section 7.4.3. of the PUD Ordinance, as follows: a. Section 7.4.3.1--That the proposal is consistent with the Comprehensive Plan, Zoning and Subdivision Ordinances, MUD Ordinance, if applicable, and any IGA in effect influencing the PUD. A.Goal 1 states "Preserve prime farmland for agricultural purposes which fosters economic health and continuance of agriculture." The subject property is categorized as "other lands" by the U.S.D.A. Soil Conservation map. A.Policy 7 states "Weld County recognizes the right to farm." In order to validate this recognition Weld County has established an example covenant which should be incorporated on all pertinent land use plats." --he Department of Planning Services will require the covenant to appear on the recorded plat. b. Section 7.4.3.2--That the uses whicn would be allowed in the proposed FUD will conform with the Performance Standards of the PUD Zone District contained in Section 2 of this Ordinance. All of the Performance Standards have been addressed prior to Administrative Review of the Final Plan. l.ataver,Reflection Bay PPD.S-557 Page I Service, Teamwork, Integrity, Quality c. Section 7.4 3.3--That the uses which would be permitted will be compatible with 'he existing or ire development of the surrounding ar, as permitted by the e Kist ng zoning, and with the future development as projected by the Comprehensive Pan or Master Plans of affected municipalities. The proposed site does not lie within an urban growth area, nor is the applicant proposing an urban scale development. The Towns of Dacono, Firestone and Frederick were all sent referrals for this proposal and none of the towns have responded, indicating no conflict with their inte-ess d. Section 7.4.3.4--That adequate water and sewer service will be made available to the site to serve the uses permitted within the proposed PUD in compliance with `he Performance Standards in Section 2 of this Ordinance. Domestic water a.nc water for fire protection shall be provided by Left Hand Water District. Each lot in the proposed PUD subdivision shall have an Individual Sewage Disposal System ISDS) installed per the Weld County Department of Public Health and the Environment requirements and specifications. e. Section 7.4.3.5-- That street or highway facilities providing access to the property are adequate in functional classification, width, and structural capacity to meet the traffic requirements of the uses of the proposed PUD Zone District. The Department of Public Works has submitted Conditions of Approval which require the internal road to be paved, according to their standards. f. Section 7.4.3.7--That there has been compliance with the applicable requirements contained in the Zoning Ordinance regarding overlay districts, commercial mineral deposits, and soil conditions on the subject site. The site does lie within the flood plain as identified on FIRM Community panel map number 080266-0850C, dated September 28, 1982. A Condition of Approval will require a Flood Hazard Development Permit prior to construction occurring on any of the lots, including the common open space areas. The proposed rezoning does not contain the use of any area known to contain a commercial mineral deposit in a manner which would interfere with the present or future extraction of such deposit by an extraction to any greater extent than under the present zoning of the property. The Colorado Geological Survey and Longmont Soil Conservation District had no conflicts with their interests, as stated in their referral responses dated March 31 , 2000 and May 18, 2000, respectively. In a referral response dated March 22, 2000, the Weld County Building Inspection Department is requiring engineered foundations for each structure. A soils report will need to be included with blueprints when ruilding permits are applied for with the Weld County Building Inspection Department. These issues are addressed through Conditions of Approval. g. Section 7.4.3.8--/f compatibility exists between the proposed uses and criteria listed in the Development Guide, and the Final Plan exactly conforms to the Development Guide. The proposed PUD Final Plan uses are compatible with the criteria listed in the Developmental Guide. The PUD Final Plan conforms to the Developmental Guide. This recommendation is based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral agencies. Toamwnrk Intanrity. Quality • The Department of Plann Services' Staff recommendation for a, .oval is conditional upon the following: 1. Prior to Recording the PUD Final Plat: a. The plat shall include the following: 1 ) Weld County's current Right to Farm from the Weld County Comprehensive Plan, effective October 31, 2000. (Dept. of Planning Services) 2) The name of the street, which shall not conflict with any other streer. wi:hin the particular U.S. Postal area. (Dept. of Planning Services) 3) The utility map shall include the addition of a 20' utility easement along the north, south, and west sides of the common area, with 15' utility easements along Lots 1 and 5 on the east side, signature blocks, dimensions and a letter from the Mountain View Fire Protection District stating the exact location of the fire hydrant, as indicated in the Utility Board Hearing held on Thursday, September 28, 2000. b. The applicant shall obtain approval of the Restrictive Covenants for the Reflection Bay PUD Final Plan from the Weld County Attorney's Office and be ready for recording in the Office of the Clerk and Recorder. c. The applicant shall provide evidence to the Department of Planning Services that the conditions of the Left Hand Water District have been addressed and that taps are available. d. The applicant shall provide evidence to the Department of Planning Services that the conditions of the St. Vrain Valley School District RE-1J, as stated in the letter dated October 3, 2000, have been addressed. e. Construction drawings for the roadways shall be submitted to the Departrnert of Public Works for review and acceptance. Evidence of approval shall be submitted to the Department of Planning Services. f. Typical cross sections for the internal and external roadways shall be provided to the Department of Public Works. The edge of pavement shall be rounded at the cul-de-sacs. The profile for the entrance road shall be adjusted. g. A stop sign and street name sign shall be placed at all intersections. h. Landscaping within the intersection sight distrance triangle shall be less than 3.5 • feet at maturity. The drainage study shall be revised and resubmitted for review by the Department of Public Works. Evidence of approval shall be submitted to the Department of Planning Services. 2. The Final Plat is conditional upon the following and that each be placed on the Final Plat as notes prior to recording: a. The PUD shall consist of five (5) residential lots, with 25.80 acres of common open space. The Change of Zone allows for PUD uses which shall comply with the PUD Zone District requirements as set forth in Section 35 of the Weld County Zoning Ordinance. Each of the five lots shall be buildable. The common open space shall be owned and maintained in accordance with Section 6.3.5 of the Planned Unit Developme Ordinance (Ordinance 197). b. A Weld County Septic Permit is required for each proposed home septic system and shall be installed according to the Weld County Individual Sewage Disposal System Regulations. c. Water service shall be provided by the Left Hand Water District. d. All construction or improvements occurring in the flood plain as delineated on Federal Emergency Management Agency (F.E.M.A.) Community Panel Map 080266-850C, dated September 28. 1982, shall comply with the Flood Hazard Overlay District requirements of Section 26 of the Weld County Zoning Ordinance. e. The installation of any septic system within the 100-year flood plain shall comply with the Weld County I.S.D.S. flood plain policy. In accordance with the Colorado I.S.D.S. Regulations, no septic systems shall be installed within the floodway. 1. The site shall maintain compliance at all times with the requirements of the Weld County Department of Public Works,Weld County Department of Public Health and Environment, and the Weld County Department of Planning Services. g. Installation of utilities shall comply with Section 12 of the Weld County Subdivision Ordinance. h. Weld County's Right To Farm as stated in the Weld County Comprehensive Plan, effective October 31, 2000, shall be recognized at all times. Proper building permits shall be obtained prior to any construction or excavation. j. Building permits are required for dwellings and any accessory buildings being constructed or moved onto the property. k. All dwellings and some accessory structures will require an engineered foundation. Such foundation design shall be based on a site-specific geotechnical report or an "open hole" inspection made by a Colorado Professional Engineer. All buildings or structures shall maintain distances from property lines and adjacent buildings as outlined in Table 5-A of the 1997 Uniform Building Code. m. At the time an application is accepted for a building permit a plan review will be done. A complete review of the building or structure may reveal oher building issues or areas needing attention. n. Any signage located on the property shall require building permits and ad-Jere to Section 6.3.6.3 of the Weld County PUD Ordinance and Section 42.2 of the Weld County Zoning Ordinance, when applicable. o. Effective December 1, 1999, Building Permits issued on the proposed subdivision lots shall be required to adhere to the fee structure of the Southwest Weld Service Area Road Impact Program. (Ordinance 211) p. All outdoor storage shall be screened from public rights-of-way, and adjacent properties. q. In the event that five (5) or more acres are disturbed during the construction of the site,the applicant shall obtain a stormwater discharge permit from the Water Quality . .. n- nin c cc. n......., CFF),i,. Te,mwnrIe Intanrlty niiAIity Control Division of the Colorado Department of Publir' 'ealth and the Environment. Silt fences II be maintained on the down gradier. ,,ortion of the site dur ng all parts of the construction phase of the project. r. During development of the site, all land disturbance shall be conducted so that nuisance conditions are not created. If dust emissions create nuisance conditions, at the request of the Weld County Department of Public Health and the Environment, a fugitive dust control plan must be submitted. s. In accordance with the Regulations of the Colorado Air Quality Control Commission any development that disturbs more than five (5) acres of land must incorporate all available and practical methods which are technologically feasible and economically reasonable in order to minimize dust emissions. t. If land development creates more than a twenty-five (25) acre contiguous disturbance, or exceeds six (6) months in duration, the responsible party shall prepare a fugitive dust control plan, submit an air pollution emissions notice, and apply for a permit from the Colorado Department of Public Health and Environment. u. All development shall adhere to all requirements of the Mountain View Fire Protection District. v. No permanent disposal of wastes shall be permitted at this site. w. The maximum permissible noise level shall not exceed the residential limit as measured according to 25-12-103, Colorado Revised Statutes. x. Approval of this plan may create a vested property right pursuant to Section 90 of the Weld County Zoning Ordinance. y. The applicant shall comply with Sections 8.7, 8.8, 8.9 and 8.10 of the PUD Ordinance. 3. The Final Plat shall be submitted to the Department of Planning Services for recording within 30 days of approval by the Department of Planning Staff. Julie A. Chesler Lead Planner pc: S-557 MINUTES OF THE WELD COUNTY UTILITIES ADVISORY COMMITTEE A regular meeting of the Weld County Utilities Coordinating Advisory Committee was held on Thursday, September 28, 2000, at 10:00 a.m., in the Conference Room of the Weld County Administrative Offices at 1555 N. 17th Avenue, Greeley, Colorado. Members Present Gary Sandau La Salle F.P.D. Cody Wooldridge Central Weld County Water District Doug Dalton Public Service Co. of Colo. Mark Peterson St. Vrain Sanitation District Also Present: Al Trujillo, United Power; Julie Chester, Monica Daniels-Mika, Department of Planning Services;Don Lafaver, Reflection Bay PUD;Todd Cartwright,Manhard Consulting;Stan Everitt,Jim Birdsall, Everitt Companies; George Schock, Northern Engineering; Ryan Carlson, Carlson Associates; Joanna Rasland, K & B; Trisha Swanson, Secretary. CASE NUMBER: S-549 PLANNER: Julie Chester APPLICANT: Everitt Companies, Soaring Eagle PUD REQUEST: Planned Unit Development Final Plan LEGAL DESCRIPTION: Part of Sections 28 and 33, T7N, R67W of the 6th P.M., Weld County, Colorado. LOCATION: East of and adjacent to State Hwy 257; between WCR's 74 and 78. Julie Chester, Planner, presented Case S-549. Julie noted that the only concern of the Department of Planning Services is the addition of utility provider signature blocks on the plat. Cody Wooldridge moved to accept the plat as presented with the addition of signature blocks for the utility providers on the plat. Gary Sandau seconded the motion. Motion carried unanimously. CASE NUMBER: S-557 PLANNER: Julie Chester APPLICANT: Donald Lefever/ Reflection Bay REQUEST: Planned Unit Development Final Plan LEGAL DESCRIPTION: Part of the SW4 SW4 of Section 29, T2N, R68W of the 6' P.M., VVeld County, Colorado. LOCATION: West of and adjacent to WCR 3-1/4; north of State Hwy 52 Julie Chester,Planner, presented Case S-557. Julie noted that the Department of Planning Services would like to see utility easements along the east and south sides of Lot 1 and the east and north sides of Lot 5. Cody Wooldridge asked why no utility easements were shown along parts of Lots 1 and 5. Don _afaver, Applicant, noted that these lots are along the lake and utility easements did not seem necessary. Gary Sandau noted that he would like to see documentation of lot lines on the plat or notes o1 the utility plan. Julie Chester noted that the signature blocks would be required on the plat as well. Cody Wooldridge stated that he would like to see a 20'utility easement along the north side of the common area and continuing to the southwest corner. Mark Peterson moved to accept the plat with the addition of a 20' utility easement along the north, south, and west side of the common area,with 15' utility easements along lots 1 and 5 on the east side. signature block, dimensions, and a letter from Mountain View Fire stating the exact location of the fire hydrant. Cody Wooldridge seconded the motion. Motion carried unanimously. SUMMARY OF THE UTILITIES ADVISORY COMMITTEE September 28, 2000 Page 2 CASE NUMBER: S-554 PLANNER: Monica Daniels-Mika APPLICANT: Ryan Carlson/ Idaho Creek Subdivision REQUEST: Planned Unit Development Final Plat located in the Mixed Use Development Area LEGAL DESCRIPTION: NW4 NE4 of Section 10, T2N, R68W of the 6th P.M., Weld County, Colorado. LOCATION: Approximately 1/8 mile east of WCR 7 and 1/8 mile south of State Hwy 119. Monica Daniels-Mika, Planner, presented Case S-554. Monica noted that the Department of Planning Services has several concerns about the utility plan submitted. Ms. Daniels-Mika noted the concerns as follows: there are no utility easements in 50 acres of the parcel, no rest areas are noted, not all the information is included on the utility map, and the need for utility easements between lots. Todd Carthardt, Applicant, noted that they have rear lot utility easement access. Al Trujillo noted that street lights often require easements between lots to run the lines. Doug Dalton noted that the county requires 10' utility easements on each side of the lot line. Mr. Carthardt noted that the preliminary plan showed the 5' utility easement on each lot, with 18' along the front and a 10' along the back. Ms.Daniels-Mika noted that the Utility Board decides if the utility easements are adequate. Monica Caniels- Mika also noted that the Department of Planning Services also had concerns with the building envelopes on these lots. Ms. Daniels-Mika also pointed out the Oil and Gas setbacks require 350'from the oil well. Mark Peterson noted his concerns with the main trunk line built to the south edge of the property line being able to work with the basin area plans. Al Trujillo noted the perimeters along the north and south borders and adjacent to the common open space need utility easements and that the road requirements may need to be notified. Todd Carthardt noted that they have large tracts on the perimeter, including the ditch right-of-way. Mr. Trujillo noted that these need to go to the edge of the property. Cody Wooldridge noted that the 15' utility easements need to be consistent and that less than 10' ma" be possible, but also difficult to work in. Monica Daniels-Mika noted that all the utilities would have to sign off to deviate from the 10'utility easement on each side of the lot line. Mark Peterson moved to continue the application to October 26, 2000. Gary Sandau seconded the motion. Motion carried unanimously. Respectfully submitted, Trisha Swanson Secretary PLANNED UNIT DEVELOPMENT FINAL PLAN APPLICATION FOR PLANNING,,DEPARTMENT USE ONLY: �� Case Number `� $5 Application Fee: Viet+ -) C t) Zoning District y4-et Receipt Number —_ Date__ 9/1101) I Application Checked By: Planner Assigned to Case: t —_ 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: (If additionai space is required, attach an additional sheet of this same size.) PARCEL NUMBER: I 3 I '3 2.1_0_ 00 ° 71(12 digit number found on Tax I.D.or obtained in Assessors Office.) NAME OF PROPOSED PUD SUBDIVISION fi,EFI- ECT ION( BAY - EXISTING ZONING q( f•t o. ,.; R C 4 h CHANGE OF ZONE CASE NUMBER_ - 5yH TOTAL AREA(ACRES) 'I O C 3 TOTAL AREA(acres) OF COMMON OPENSPACE NO. OF PROPOSED LOTS 5 LOT SIZE: AVERAGE 2.`I`i MINIMUM_-__ UTILITIES: WATER: NAME SEWER: NAME GAS: NAME PHONE: NAME --_- ELECTRIC: NAME DISTRICTS: SCHOOL: NAME FIRE: NAME GNR f1A2T C71nrcJ' NNV R5SCC .4Tt. 5 ENGINEERS NAME M #2 t,t,z c r J dttchr,u PHONE 3c 3 14'-ti 's 5 4 c ADDRESS hb5 Bath rs Sr cLec , c4 4ao5Pt, PHONE _ c a e>< X13 C. SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR PUD FINAL PLAN: NAME: s)oPtt0..,0 1,., (Wra.Ve(1/4- HOME TELEPHONE: 203-• 0016- 0.363 ADDRESS: Ve•S Qr A ODD L-N . BUS. TELEPHONE: 303- 3 48- 15 3° NAME: G-ot-Deal C o . got-LO I HOME TELEPHONE: ADDRESS: • BUS. TELEPHONE: ---__ APPLICANT OR AUTHORIZED AGENT(if different than above): NAME: HOME TELEPHONE: —_—_ ADDRESS: BUS. TELEPHONE: OWNER(S)AND LESSEES OF MI,�J1ERAL RIGHTS ON OR UNDER THE SUBJECT PROPERTIES: NAME: (.A $ ob Ilk c: c . (\Esc-a2¢.ES rwlc. _--_ ADDRESS: Y.-. 50% ms. 2voa L) j'tifzx ' l&tol ---- Signature: Owner or Authorized Agent 22 C' ri COMMONWEALTH LAND TITLE INSURANCE COMPANY Policy No. : F927865 LEGAL DESCRIPTION The SW 1/4 of the SW 1/4 of Section 29, in Township 2 North, Range 68 West of the 6th P.M. , County of Weld, State of Colorado. Together with parcel of land as conveyed to Leslie J. Williams, Jr. , Gary L. Burback and Sylvia L. Burback by Deed recorded February 12, 1993 in Book 1370 as Reception No. 02321700, for an easement for the conveyance of water being more particularly described as follows: An easement for the conveyance of water from the SW 1/4 of the SW 1/4 of Section 29, Township 2 North, Range 68 West of the 6th P.M. , County of Weld, State of Colorado, by way of a perimeter ditch, which varies in width from approximately 15 feet to 30 feet, which runs in a Northerly direction along the West line of the NW 1/4 of the SW 1/4 of Section 29, Township 2 North, Range 68 West of the 6th P.M, County of Weld, State of Colorado, towards Weld County Road 16 1/2 and then in a Easterly direction along the South edge of the road to a culvert which goes under Weld County Road 16 1/2 . h Authorized Signature -- Page 2 REFLECTION BAY PUD FINAL PLAN SUBMITTED TO WELD COUNTY PLANNING CASE# S-519 SEPTEMBER 8, 2000 PREPARED BY: EHRBART GRIFFIN & ASSOCIATES 665 BRIGGS STREET ERIE, COLORADO 80516 SEPTEMBER 8, 2000 September 8, 2000 Weld County Planning Department 1555 North 17th Avenue Greeley, CO 80634 RE: Reflection Bay Final Plan-located on approximately 40.83 acres described as follows: The Southwest Quarter of the Southwest Quarter of Section 29, Township 2 North, Range 68 West of the 6th Principal Meridian, County of Weld, State of Colorado. To Whom It May Concern: Attached, please find a PUD final plan application for the above described property. Included are the following items. • 25 copies of the final plat • 18 copies of the plan profile and utility plans • 3 copies of the final plan grading, existing drainage, and proposed drainage maps • 3 copies of the drainage report • The 535$ final plan application fee Reflection Bay is located in southwest Weld County, approximately 1 mile North of US 52 and 3 miles West of 1-25. The change of zone for the property was submitted by the client, Donald Lafaver. The change of zone included a specific development guide and was not controversial in nature. The final plan includes 5 residential lots. The property is bounded on the East by Weld County Road. 3-1/4, on the South and West by farm ground, and on the North by a residential development. The property lies to the East of Boulder Creek. Currently the property is a reclaimed sand and gravel pit. Through the reclamation process a lake approximately 13 acres in size was established which will be incorporated into the development. The PUD proposes to create 5 residential lots on the East side of the lake. Each house will have a maximum square footage of 3600 square feet in accordance with the Mountain View Fire Protection District. The development proposes the use of the lake as common open space to he used for recreational uses such as hiking, biking, swimming, sailing, fishing, and skiing. The use of"Jet-ski" type watercraft is prohibited. The Reflection Bay property is found on Community Panel No. 080266 0850 C of the Weld County, Colorado unincorporated area Flood Insurance Rate Maps (FIRM). The firm revised September 28, 1982, shows the property area within Zone A, which is described as areas of 100- year flood, flood elevations and flood hazard factors not determined. Since the flood elevation was not defined in the (FIRM) a flood hazard development permit (FHDP)was prepared, which establishes the base flood elevation for Boulder Creek at elevation 4922. See (FHDP) prepared by Tuttle Applegate and Associates for Reflection Bay dated July 2000. This elevation of 4922 is delineated with the summarized report for the permit, and is included in the accompanying drainage study. The following is a narrative of the Plan Unit Development application requirements as listed on page 20 of the PUD Ordinance. 1. The final plan application forms and the application fee is attached. 2. The change of zone has previously been submitted to the Department of Planning Services. 3. A copy of the Certificate of Title is attached. 4. No public lands are being dedicated therefore no Certificate of Title or Abstract is included. 5. No land is being held for public purposes therefore no deed ready for recording is included. 6. A copy of a current Title Policy has been included indicating no delinquent taxes or special assessments exist on the property. 7. The Utility Plans have been signed and sealed by a qualified Engineer licensed in the State of Colorado. 8. There are no deed restrictions, being required by Weld County, governing the future use of the property other than the Right to Farm Covenant a copy of which has been included. 9. A.preliminary cost estimate has been included. Upon final plan approval final construction plans will be issued. When final bids are received the final cost figures will be submitted to Weld County. Included will be the amount of collateral required for these improvements. 10. Review by the Weld County Public Works Department indicates that Weld County Road 3- 1/4 is adequate to provide access to the development. 11. Off-site road improvements are not required by the Weld County Public Works Department. 12. A final Construction Plan will be determined upon approval of the plan. An improvements agreement will be entered into with Weld County. Anticipated construction will begin i.n the spring of 2001. 13. Financing for the development will be submitted with the improvements agreement. 14. A.certified list of the names and addresses of property owners within 500 feet is attached. 15. A certified list of names of mineral owners and lessees of minerals is attached 16. The PUD final plan complies with all criteria established in the change of zone. A specific development guide was established with the change of zone application. This guide will be followed in the development of the property. Approximately 60% of the property will be designated open space. All open space will be owned and maintained by the homeowners association. This open space; its combination with the lake, and the amenities they provide conforms to PUD goal 2, which states that creative approaches to land development should be encouraged. 17. The Final Plan is attached. 18. The Landscape Plan was submitted with the Change of Zone submittal. 19. The Utility and Grading Plans, Grading, Drainage Maps, and Drainage report is included. Thank you for your review of these plans and reports. If you have any questions concerning this submittal please call me at (303) 828-3340. Sincerely, Margaret J. Brown Professional Engineer O�100 REG/ST ,***e .. •let d.d• 9� CC. Don Lafaver �Q �o: EGA file # C005011 �Fss/0NA\-N•Y \IIIII'1II'lllll1 111111 I u U IutkIiT11111n o II IIII 2748031 02104/2000 11 D J 1 of 2 R 10.00 0 46.0') Weld County CO SPECIAL WARRANTY DEED �74171G�' s THIS DEED, Made this 1ST day of FEBRUARY, 2000 between Rose T. Macy and Justin D. Macy and Todd A. Macy and Leslie J. Williams, Jr. Gary L. Burbank and Sylvia I.. Burback ,i of the County of Weld and State of Colorado, grantor,and [f Donald G. LaFaver and Harry L. Oyler and Ildiko S. Oyler whose legal address is 2185 PINEDROP LANE, GOLDEN, COLORADO 80401 of the County of Weld and State of Colorado, grantees: WITNESSETH that the grantor(s) for and in consideration of the sum of FOUR HUNDRED SIXTY THOUSAND AND 00/100, ($460,000.00) Dollars, the receipt and sufficiency of which is hereby acknowledged, RAVE granted, bargained, sold and conveyed, and by these presents DO grant, bargain, sell, convey and confirm unto the grantee(s), THEIR heirs and assigns forever, all real property, together with improvements, if any, situate, lying and being in the County of Weld and State of Colorado, described as follows: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF d Doc Fee_ 1{ 19 also known by street and number as vacant land, , Colorado TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever of the grantor(s), either in law or equity, of in and to the above bargained premises, with the hereditament: and appurtenances; TO HAVE AND TO HOLD the said premises above bargained and described with appurtenances, unto the grantee(s), THEIR heirs and assigns forever. The grantor(s), for ITS heirs and personal representatives or successors, DO covenant and agree that IT shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable possession of the grantee(s), THEIR heirs and assigns, against all and every person or persons claiming the whole or any part thereof, by, through or under the grantor(s). IN WITNESS WHEREOF, the grantor(s) HAVE ereuted this deed on the date set forth above t.14.--4—)"` /-.3 '.,[L it...l....Cl 4_i' Ad / // c. MI.I..��.4.. 1�t /4, .124-.12;14. 111 0./ / It 1de illiams, . r. Rose T. Macy individually and as attor ey in fact for Todd A. Macy � k .iD1 Gary Buyback , , �"'-V 4J1u6 n,P Macy v • vial.,. Burback STATE OF COLORADO ) as. The foregoing instrument was acknowledged before County of Weld ) me this 1ST day of FEBRUARY, 2000 by Rose T. Macy indivi and as attorney in fact for Todd A. Macy, Justin D. Macy, Leslie J. Williams .( . Burback, and Sylvia L. Burback 4-'4:• Fly'.% /-2:4,p. Witness my hand and official seal. !'O;Q . Witness My commission expires1/.. (;J:Z . 40 (,,_ NOTARY PUBLIC \`STATE ID 1002 17TH AVENUE -rs No.78. R=v. 3-B5 LO;IOtAGI1T, COLORADO 80501 • COMMONWEALTH LAND TITLE INSURANCE COMPANY POLICY OF TITLE INSURANCE SCHEDULE A Amount of Insurance: $ 460, 000. 00 Policy No. : F927865 Date of Policy: February 4 , 2000, at 4 :30 p.m. • Name of Insured: Donald G. LaFaver and Harry L. Oyler and Ildiko S. Oyler . The estate or interest in the land described herein and which is covered by this policy is: FEE SIMPLE The estate or interest referred to herein is at Date of Policy vested in: Donald G. LaFaver and Harry L. Oyler and Ildiko S. Oyler The land referred to in this Policy is described as follows: (SEE ATTACHED PAGE FOR LEGAL DESCRIPTION) COMMONWEALTH LAND TITLE INSURANCE COMPANY Policy No. : F927865 LEGAL DESCRIPTION le SW 1/4 of the SW 1/4 of Section 29, in Township 2 North, Range 68 West the 6th P.M. , County of Weld, State of Colorado. ,gether with parcel of land as conveyed to Leslie J. Williams, Jr. , Gary . -Burback and Sylvia L. Burback by Deed recorded February 12, 1993 in ok 1370 as Reception No. 02321700, for an easement for the conveyance of ter being more particularly described as follows: An easement for the Jnveyance of water from the SW 1/4 of the SW 1/4 of Section 29, Township North, Range 68 West of the 6th P.M. , County of Weld, State of Colorado, way of a perimeter ditch, which varies in width from approximately 15 et to 30 feet, which runs in a Northerly direction along the West line the NW 1/4 of the SW 1/4 of Section 29, Township 2 North, Range 68 West the 6th P.M, County of Weld, State of Colorado, towards Weld County ad 16 1/2 and then in a Easterly direction along the South edge of the ad to a culvert which goes under Weld County Road 16 1/2 . Authorized Signature Page 2 COMMONWEALTH LAND TITLE INSURANCE COMPANY Policy No. : F927865 SCHEDULE B ais Policy does not insure against loss or damage by reason of the allowing: 1. Rights or claims of parties in possession not shown by the public• records. 2 . Easements, or claims of easements, not shown by the public records. 3 . Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4 . Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5 . Unpatented Mining claims, reservations or exceptions in patents or in acts authorizing the issuance thereof. 6. Any and all unpaid taxes, assessments, and unredeemed tax sales . 7 . Rights of way for county roads 30 feet wide on each side of section and township lines as established by Order of the Board of County Commissioners for Weld County, recorded October 14 , 1889 in Book 86 at Page 273 . 8 . Reservations made by the Union Pacific Railway Company in deed recorded April 22, 1901 in Book 183 at Page 169 . 9 . Montvue Seepage Ditch No. 1 and Extended and Enlarged Montvue Seepage Ditch, and any and all rights of way therefore, as evidenced by Maps filed September 2, 1908 as Filing Nos. 132130 and 132131, insofar as the same may affect subject property. ' 0. Any and all existing leases and/or tenancies. 1. Terms, agreements, provisions, conditions and obligations as contained in Memorandum of Surface Owner's Agreement by and between Leslie J. Williams, Jr. , Rose T. Macy, Gary Burback, Sylvia Burback and Rock Springs Royalty Company, a Utah Corporation recorded May 31, 1990 in Book 1265 as Reception No. 02215517 . 2 . Terms, agreements, provisions, conditions and obligations as contained in Surface Facility Grant by and between Leslie J. Williams, Rose T. Macy, Gary L. Burback, Sylvia L. Burback and Basin Exploration, Inc. recorded September 21, 1992 in Book 1351 as Reception No. 02304154 . Page 3 • COMMONWEALTH LAND TITLE INSURANCE COMPANY Policy No. : F927865 SCHEDULE B - continued 3 . Terms, agreements, provisions, conditions and obligations as contained in Resolution, Road Improvements and Maintenance Agreement by and between Board of County Commissioners Weld County, Colorado recorded November 5, 1992 in Book 1357 as Reception No. 02309806. • 14 . Any and all matters as contained on Special Review Permit Plan Map named Williams Site, recorded February 23, 1993 in Book 1371 as Reception No. 02322799 . 15. Right of way, whether in fee or easement only, for conveyance of water, as granted to Martha Williams by Leslie J. Williams, Jr. ,. Gary L. Burback and Sylvia L. Burback, and Rose T. Macy, in the instrument recorded February 12 , 1993 as Reception No. 2321701, the location of which is shown in the map attached to said instrument. 6 . Any effect of Land Survey Plat prepared by Joe R. Zylstra, Survey No. 11434, dated January 5, 1995 and recorded January 9, 1995 as Reception No. 2422125 on subject property. NOTE: The following notices pursuant to CRS 9-1. 5-103 concerning underground facilities have been filed with the Clerk and Recorder. These statements are general and do not necessarily give notice of underground facilities within the property. (a) Mountain Bell Telephone Company, recorded October 1, 1981 in Book. 949 as Reception No. 1870705. (b) Colorado Interstate Gas Company, recorded August 31, 1984 in Book 1041 as Reception No. 1979784. (c) Associated Natural Gas, Inc. , recorded April 10, 1989 in. Book 1229 as Reception No. 2175917. (d) Western Gas Supply Company, recorded April 2 , 1985 in Book 3.063 as Reception No. 2004300. (e) Panhandle Eastern Pipe Line Company, recorded June 26, 1986 in Book 1117 as Reception No. 2058722 . (f) United Power, Inc. , formerly Union Rural Electric Association, Inc. , recorded January 24 , 1991 in Book 1288 as Reception No. 02239296. 17 . Deed of Trust from Harry L. Oyler, Ildiko S. Oyler and Donald G. LaFaver to the Public Trustee of the County of Weld for the use of Centennial Bank of the West to secure $499,400. 00 dated January 31, 2000, recorded February 4, 2000 as Reception No. 2748033 . NOTE: Disbursers Notice recorded February 4, 2000 as Reception No. 2748034, given in connection with the above Deed of Trust. • Page 4 PUD CHANGE OF ZONE: NAMES OF OWNERS OF PROPERTY WITHIN 500 FEET Please print or type: NAME ADDRESS,TOWN/CITY, ASSESSOR'S PARCEL STATE AND ZIP CODE JDENTIFICATION# Virginia N . Shaw 1435 Co Rd . 16' , Longmont Co . 80503 131329000073 Howard Rassmussen 1754 Co . Rd . 161/2, Longmont , Co . 80503 131329000045 Iwlen L . Bryant 2005 James Dr . Loveland , Co . 80538 131330000072 Ray L . Nelson and Co . LLC P . 0 . Box 4807 , Espanola NM . 87533 131332000020 3ureau of Lnad Management , 2850 Youngfield , WheatridgP R0011 11133111202.6 John C . Widerouist . 1128 Co Rd R;< . Inngmnnt Co 80504 .1-3 329301001 David A . Hoglund 7257 County Rd . 3' , Longmont C . R11504 111324R01nn2 dinfried C . Paul 7255 Co . Rd . 3y . longmont Cc Rncn7 111323D1IIII3 Larry A . HPn7P 726 In Pd 31 Longmont , Co . 80503 13132$301004 Jack I . 0lberdinq , 7251 Co . Rd . 31/4 Lonomont . Co . Rncn3 13132301005 Continental View H0A 4816 nPvenchire _ Rouldpr Co 20301 - 11 AFFIDAVIT OF INTEREST OWNERS :SURFACE ESTATE Legal Description: The SW4 of the SW4 of Sec . 29 , Twp . 2N , Range 68 West • THE UNDERSIGNED, being first duly sworn, states that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners'of property(the surface estate)within five hundred (500) feet of the property under consideration. This list was compiled from the records of the Weld County Assessor, or an ownership update from a title or abstract company or attorney, derived from such records, or from the records of the Weld County Clerk and Recorder. The list compiled from the records of the Weld County Assessor shall have been assembled within thirty days of the application's submission date. Signature • 10 AFFIDAVIT OF INTEREST OWNERS: MINERALS AND SURFACE ESTATE LegeiDescription: The SW4 of the SW4 of Sec . 29 , Twp . 2N , Range 68West___ THE UNDERSIGNED, being first duly sworn,states that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners'of minerals on the subject property under consideration. This list was compiled from the records of the Weld County Assessor, or an ownership update from a title or abstract company or attorney, derived from such records, or from the records of the Weld County Clerk and Recorder.. The list compiled from the records of the Weld County Assessor shall have been assembled within thirty days of the application's submission date. Signature 12 PUD CHANGE OF ZONE: NAMES OF MINERAL OWNERS AND LESSEES ON SUBJECT PROPERTY Please print or type ADDRESS,TOWN/CITY, • NAME STATE AND ZIP CODE Union Pacific Resources Corporation P .O . Box 7 MS 2402 , Ft .. Worth Tx . 76101 -0007 H . S . Resources • 1995 .Broadwa " Suite 360Q OPnvPr Co R021j 13 e LEFT HAND WATER DISTRICT February 11, 2000 Don LaFaver 2185 Pinedrop Lane Golden, CO 80401 Re: Tap request#2000 Dear Don: The Board of the Left Hand Water District approved a Subdivision Agreement for five single family residents for your development. A copy of the Agreement is enclosed. Please make an appointment with my assistant, Kim Lane, to sign the original Agreement at your earliest convenience, but in no event later than 30 days from the date of this letter. You will note in¶6, that within 10 days offinal plat approval you must pay the portions of the total tap fee, as well as make payment of hydrant funds as outlined in¶8. It is your responsibility to notify the District of the progress of your application in the planning process, and to make payment of fees within this time period. Please note the requirement in¶7 for raw water transfers. We would advise making arrangement 3 for water transfer or acquisition well in advance of the requirements outlined in this paragraph, due to the volatile raw water market. The Board of Directors considered your request to pay cash-iin-lieu of water transfer, and this request was not approved at this time. A variance from the minimum 8" water line size requirement to a 4" water line, due to the connecting line size was granted. Please call if you have any questions. The tap price quoted in the Agreement is current today. The fee due will be the current fee at the time of payment and completion of the Agreement. Increases to tap fees nay be made at the discretion of the Board, without prior notification. Sincerely, \4.— p )_,\Hr--7-.....s ._ il Kathy Peterson General Manager • P.O. Box 210 •Niwot CO. 80544.(303) 530-4200 • Fax (303) 530-5252 Don LaFaver 2185 Pinedrop Ln. Golden, Co. 80401 303-548-1530 Julie Chester Dept. Planning Services RE: Reflection Bay Julie, Attached you will find: 1. The Milan for the change of zone plat. 2. A draft of the HOA Covenants for review 3. A sample of the Letter of credit that my bank would like to issue for the improvements agreement. I should be ready to submit the final plat in about 2 weeks. Once again, thank you for all your support. Don LaFaver Preliminary Cost Estimates Exhibit A TA Job#99-223 1f7/00 Name of Subdivision: Lighthouse Cove jkd Location: N 1/2 NE 1/4, S16, T2N, R67W 6th P.M.,Weld County Colorado Estimated Construction Improvements Unit Cost (per) Units Cost . Street grading 5 C.Y 562 2810.00 • Street base 5 S.Y. 1572 7860.00 Street paving 1.01 S.F 34000 34340.00 Curbs, gutters, & culverts 10 L.F. 3800 38000.00 Sidewalk 2.66 S.F. 10400 27664.00 Sanitary sewers 25 L.F. 1496 37400.00 . Sanitary sewers (manholes) 1400 EA 6 8400.00 Laterals (house connected) 10.05 L.F. 540 5427.00 Fire hydrants (assembly) 2000 EA 3 6000.00 Street name signs 300 EA 2 600.00 Grass lined swale 1 L.F 940 940.00 Telephone 6 L.F 1550 9300.00 Gas 10.22 L.F 1550 15841.00 Electric 6 L.F 1550 9300.00 Water transfer 20 L.F 1550 31000.00 Water fittings 5633 5633.00 TOTAL $240,515.00 Rug 25 CO 05: 10p LRFRVER 1 -720-746-0860 p. 2 EXHIBIT"A" Name of Subdivision: FthaTTICN HAY Tiling: Location: 1 Mile North of State Hiway 52 on WCR 3, Intending to be legally bound, the undersigned Applicant hereby agrees to provide throughout this subdivision and as shown on the subdivision final plat Camty dated 19 , recorded on , 19 , in Book ,Page No. Reception No. the following improvements. (Leave spaces blank where they do not apply) Estimated tmp�sets Unit Cost Son n_nat Sheet grade* _ Street base Sheet grins $43,450 Curies.goers.&culverts Sidewalk Srotm sewer Salida Retention ponds Ditchimwoveme s - 'Subsurface drainage ,Sanitary sewers Syr,worn Tack dr forced lines Mails Janis(Meuse connected) On-site sewage facilities • Maim water simply&stooge Water mains-Ineinder Bas 5.6 T; Fire hydrate 4,000 Sactswiratissimeattosio&boars &treat lift,* Sheet name dam 300 • F I snd'a1Dint ptpravements Road Cadres -,naa f:..ad pie 500 Telephone /,a5C JIec is '4 �fln Neer Transfer 2.96;1 $Ten 7Y1TAl. $78,499.00 Rug 25 00 05: 11p LRFRVER 1-720-748-0860 0. 3 Engineering and Supervision Costs .S Ooo (testing,inspection,as-bunt plans and work in addition to preliminary and final plat;supervision of actual construction by contractors) TOTAL,ESTIMATED COST OF IMPROVEMENTS AND SUPERVISION SAL Llidclirtl 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 improvement shall be completed according to the construction schedule set out in Exhibit"B". • (In corporation,to be signed by President end attested to by Secretary,together with corporate seal.) Date: 19__ Rug 25 00 CS: llp LRFRVER 1 - 720 -74G-0850 4 EXHIBIT..g'. Name of Subdivision: Filing: - ------- Location: 1 M?le North of St. Highway 52 on Weld Co. Road 3 1/4 ntenaing to be legally bound,the undersigned Applicant here:Mown on the final subdivision plat of �' °�to co , the uaproted is 19 Recorded oa --- ---.__Subdiri ook dated Reception No. ,the following schedule. 19 in Book Ail improvements shall be completed within f.nal p lat. years from the date of approval of the Construction of the improverneIlts listed in Exhibit"A°shall be completed as follows: (Leave spaces blank where they do not apply.) L za ltineforCon Fall 2000 • street _two Fql l 200 trail lints Mains a D11-site wad Eligeg_Maiat — -- Fail 2000 Fall 2000 SIMIELitilinclaynacatiugua 'Strut Iigbting &wing requirements Fall 70QO Pant improvsmen TeiePhrrc —� Fat1 9nnn fat Fal L 2ll0f1 Fall 2O0 0 0 Water'Tr psfa Fall 2000 Sittttotal Rug 25 00 05: I1p LRFRVER 1 -720-746-0960 io . 5 me County,at its option,and upon the request by 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. A:f corporation,to be signed by president and attested to by Secretary,together with corporate seal.) Date: , 19_ Rug 25 00 05: 12p LRFRVER 1 -720-748-0860 0. 6 IMPROVEMENTS AGREEMENT ACCORDING POLICY REGARDING COLLATERAL FOR IMPROVEMENTS (PUBLICLY MAINTAINED ROADS) THIS AGREEMENT, made and entered into this day of by and between the County of Weld,State of Colorado,acting through its Board of County Commissioners,hereinafter called "County", ,hereinafter called"Applicant'. WITNESSETH: • WHEREAS, Applicant is the owner of or has a controlling interest in the following described property in the County of Weld,Colorado: WHEREAS,a final subdivision(PUD plat of said property,to be known as has been submitted to the County for approval; and WHEREAS,Section of the Weld County(Subdivision)(Zoning)Ordinance provides that no final plat shall be approved by the County until the Applicant has submitted a Subdivision Improvement Agreement guaranteeing the construction of the public improvements shown on plans,plats and supporting documents of the subdivision, 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 improvements listed on Exhibit"A"which is attached hereto and made a part of this 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 to the County for approval prior to the letting of any construction contact. Before acceptance of the roads within the subdivision by the County, Applicant shall 1 Revised 6/97 Rug 25 00 05: 12p LRFRVER 1 -720-746-0960 p. 7 furnish one set of reproducible "as-built" drawings and a final statement of construction cost to the County. 2.0 Rights-of-Way end Flom rnts: 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. Alt 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 improvements listed on Exhibit"A:which is attached hereto and made a part hereof by this reference,according to the construction schedule set out in Exhibit"B"also attached hereto and made a part hereof by this 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 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 is proposed, the requirements and standards of the County shall be adhered to. If both the incorporated community an the County have requirements and standards, those requirements and standards that arc 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,thc 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 The 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 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. 2 Revised 6/97 Fug 25 00 05: 12p LRFRVER 1 -720-748-0860 p. 8 4,0 Release of Liability: Applicant shall indemnify and hold harmless the County from any and all liability loss and damage county may suffer as a result of all suits,actions or claims of every nature and description caused by,arising from,or on account of said design and construction of improvements,and pay any and all judgments rendered against the County on account of any such suit, action or claim, together with all reasonable expenses and attorney fees incurred by County in defending such suit, action or claim whether the liability, loss or damage is caused by, or arises out of the negligence of 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 workman'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 are not adequate in structural capacity, width, or functional classification to support the traffic requirements of the uses of the subdivision. 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 be served. The name of the owner(s)of the property to be served. A description of the off-site improvements to be completed by the subdivider, applicant,or owner. The total cost of the off-site improvements. The total vehicular trips to be generated at build-out by the subdivision,or resubdivision, 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 agreem ent. Any off-site improvements agreement shall be made in conformance with the Weld County policy on collateral for improvements. 5.3 If the subdivider, applicant, or owner fails to comply with the improvements agreement,the opportunity to obtain reimbursement under this section is forfeited. 5.4 When it is determined by the Board of County Commissioners that vehicular traffic from a subdivision or resubdivision will use a road improvement constructed under an improvement agreement,the subsequent subdivider, applicant, or owner shall reimburse the original subdivider,applicant,or owner, for a portion of the original 3 Revised 6/97 Rug 25 00 05: 12p LRFRVER 1 -720-746-0860 p. 9 construction cost. In no event shall the original subdivider, applicant,or owner collect an amount which exceeds the total costs 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 final subdivision or resubdivision plat. 5.5 The amount of road improvement cost to be paid by the subsequent subdivider, applicant,or owner of a subdivision or resubdivision 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 cost 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 o f Transportation Engineers shall normally be used for calculating a reasonable pro rata share of the road improvement construction costs for all subdivisions or resubdivisions. 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 or resubdivision 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 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", 4 Revised 6/97 Aug 25 00 05: 13p LRFRVER 1 -720-746-0880 p. 10 and may continue to issue building permits so long as the progress of work on the subdivision improvements in that phase of the development is satisfactory to the County; and all terms of this Agreement have been faithfully kept by Applicant. 6.3 Upon completion of the construction of streets within a subdivision and the filing of a Statement of Substantial Compliance, the applicant(s) may request in writing that the County Engineer inspect its sheets 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 applicants)of any deficiencies. The County Engineer shall reinspect the streets after notification from the applicant(s)that any deficiencies have been corrected. If the County Engineer finds that the streets are constructed according to County standards. he shall recommend acceptance of the streets for full maintenance. Upon a receipt of a positive unqualified recommendation from the County Engineer for acceptance of streets within the development, the Board of County Commissioners shall accept said streets as public facilities and County property, and shall be responsible for the full maintenance of said streets including repair. 7,0 General Requirements for Collateral: 7,1 The value of all collateral submitted to Weld County must be equivalent to 100% of the value of the improvements as shown in this Agreement. Prior to Final Plat approval,the applicant shall indicated which of the five types of collateral prefered 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 gjter the Final Platavvroval/not one year Orr acceptable collateral is submitted) unless the applicaar4) requests that thit Agreement be_renewed at leastthiriy( 0)dmtprior to its expiration andfgrther orovidet that cost estimater far the re inns )mnrovenrents era pied and collateral is provided in the amount of 100% of the value of the ingrmvemnjt 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 cr a portion of the collateral and take steps to see that the improvements are made. 7.2 The applicant may choose to provide for a phased development by means of designating filings of a Planned Unit Development Plan or Final Plat Subdivision. 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 5 Revised 6197 Rug 25 00 05: 13p LRFRVER 1 -72rt-746-0860 0. 11 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 the Appendix"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. Ibis applicant has provided cost estimates for all phases of the development which will be adjusted in accordance with the The State Highway Bid Price indes at the time of posting of collateral for each phase, 8.6 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 T atter of Credit from a Federal or State licensed financial institution on a form approved by Weld County. The letter of credit shall state at least the following: 8.1.1 The Letter of Credit shall be in an amount equivalent of 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 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 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 15%, or one year from the date of Final Plat approval, whichever 6 Revised 6197 Rug 25 00 05: 14p LRFRVER 1 -72R-746-0860 p. 12 occurs first. Said letter shall stipulate that, in any event, the Letter of Credit shall remain in full force and effect until after the Board has received sixty (60)days written notice from the issuer of the Letter of Credit of the pending expiration. Said notice shall be sent by certified mail to the Clerk to the Board of County Commissioners. 8.2 Trust Deed upon all or some of the proposed development or other property acceptable to the Board of County Commissioners provided that the following are submitted: 8.2.11 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 M.A.I.member of the American Institute of Real Estate Appraisers indicating that the value of the property encumbered in its current degree of development is sufficient to cover 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 M.A.I. member of the Institute of Real Estate Appraisers indicating that the value of the property encumbered in its current state of development is sufficient to cover 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 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 Board. 8.3.3 The escrow agent will be a Federal or State licensed bank or financial institution. 8.3.4 If the County of 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 syffi given by a corporate surety authorized to do business in the State of Colorado in an amount equivalent to 100%of the value of the improvements as specified in the Improvements Agreement. 8.5 A cash deposit made with the County equivalent to 100%of the value of the improvements. 7 Revised 6197 Rug 25 00 05: 14p LRFRVER 1 -720-748-0860 p. 13 9.0 Request for Release of Collateral: Prior to release of collateral for the entire project or for a portion of the project by Weld County, the Applicant must present a Statement of Substantial Compliance from an Engineer registered in Colorado that the project or a portion of the project has been completed in substantial compliance with approved plans and specifications documenting the following: 9.1 The Engineer or his representative has made regular on-site inspections during the course of construction and the construction plans utilized are the same as those approved by Weld County. 9.2 Test results must be submitted for all phases of this project as per Colorado Department of Transportation Schedule for minimum materials sampling,testing and inspections found in 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 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 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. 100 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 streets and utility easements of a character,extent and location suitable for public use for parks,greenbelts or schools,said g Revised 667 Rug 25 00 05: 14p LRFRVER 1 -720-748-0860 p. 14 actions shall be secured in accordance with one of the following alternatives,or as specified in the PIJD plan,if any: 10.1 The required acreage as may be determined according to Section 8-15-B of the Weld County Subdivision Regulations shall be dedicated to the County or the appropriate school district,for one of the above purposes. Any area so dedicated shall be maintained by the County or school district. 102 The required acreage as determined according to Section 8-15-B of the Weld County Subdivision Regulations 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. 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. 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 escrcw 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. BOARD OF COUNTY COMMISSIONERS WELD COUNTY,COLORADO ATTEST: • Weld County Clerk to the Board BY: Deputy Clerk to the Board APPROVED AS TO FORM: 9 Revised 6/97 Aug 25 00 05: lSp LAFAVER 1 -720-74G-0860 p. 1G County Attorney APPLICANT BY: (title) ------�` SUBSCRIBED AND SWORN to before me this day of 1996. WITNESS my hand and official seal. Notary Public My commission expires: • MAF,DRLMPUBUC.De 10 Revised 6/97 Rug 25 00 05: 15p LRFRVER 1 -72O-746-0860 p. 16 EXHIBIT"A" Name of Subdivision: Filing: Location: :Intending to be legally bound, the undersigned Applicant herby agrees to provide throughout this ;subdivision and as shown on the subdivision final pht County dated , 19 recorded on , 19 in Book ,Page No. Reception No ,the following improvements. (Leave spaces blank where they do not apply) Estimated ImaseimmuM Unit Cog ttraa 9sading Shat base Street inn* Curls&culverts Sidewalk San sower facilities $/tcc peak Ditch imnmvrmests Saban fa.m kainagp ,smitesewers Sanitams6-was Trek&forced line Mins I sante(house connected) awaite sewage facilities Gwaiei stein:amply&storage Water mamadriudea Bore fire hydrants Sumethalmatmtmumalts bp:es Speck luaus Street name sins • F� ' uirama1m Laboring Yates Bogdcut Goss Lined Swale Idsims Gas Blvd& ➢Vas:Tnmfar SUB-TOTAL Rug 25 00 05: 15p LA PAVER 1 -720-74G-0060 p. 17 Engineering and Supervision Costs (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 $ 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". (In corporation,to be signed by President and attested to by Secretary,together with corporate seal.) Date: , 19 . 12 . Auk 2500 OS: ISp LAFAVER 1 -720-74G-0860 p. 18 EXHIBIT"B" Name of Subdivision: Filing: — Location: Intending to be legally bound, the undersigned Applicant hereby shown on the final subdivision plat of agrees to construct the improvement P No. , 19 Recorded on 19 Subdivision,odated `,Reception No. Book ----.`� ,the following schedule. All improvements shall be completed within final plat years from the date of approval of the Construction of the improvements listed in Exhibit"A"shall be completed as follows: (Leave spaces blank where they do not apply.) Imui pr> ing�_ t _ v - Yltl�ers_and c lvmnQ ewa atacamer --- u Mains mile 5ewag a^- iiti. _._ —� On-site water supply and storage Fire hydrant Survey&street rn9numgnts&boxes Stet lighting rstreotname signs Fern i uirements Landscgying Park imprQyements Telephai cal L]Qctric _ Waterjransfer Sub-Total — .13 Rug 25 00 05: 16p LRFRVER 1 -720-746-0860 p. 18 The County,at its option,and upon the request by 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. Of corporation,to be signed by President and attested to by Secretary,together with corporate seal.) Date: , 19 brmk.wblic.dh • • • IA THIS IS THE PROPOSED DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS OF REFLECTION BAY WHICH IS BEING REVIEWED BY VARIOUS LENDERS FOR THEIR APPROVAL. IF ANY AMENDMENTS ARE NECESSARY, COPTS OF SUCH AMENDMENTS WILL IMMEDIATELY BE MADE AVAILABLE. THE DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS OF REFLECTION BAY THIS DOCUMENT WAS DRAFTED BY, AND AFTER RECORDING, RETURN TO: William A. Love, Esq. Wells, Love & Scoby LLC 225 Canyon Blvd. Copyright© 2000 Boulder, CO 80302 By William A. Love (303) 449-4400 All Rights Reserved 7/26/00 TABLE OF CONTENTS To be supplied THE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF REFLECTION BAY PREAMBLE THIS DECLARATION is made on the date hereinafter set forth, by REFLECTION BAY LIMITED LIABILITY COMPANY, a Colorado Limited Liability Company ("Declarant") WHEREAS, Declarant is the owner of certain real property located in Weld County, Colorado, as more particularly described on the attached Exhibits A and B ("Property"); and WHEREAS,the Declarant intends to create a residential community on the Property tcgether with other improvements thereon; and WHEREAS, Declarant will convey the said Property, subject to the protective covenants, conditions and restrictions, as hereinafter set forth. NOW THEREFORE, Declarant hereby submits the real property described on Exhibits A and B, together with all rights, and appurtenances thereto and improvements thereon to the provisions of the Colorado Common Interest Ownership Act, as it may be amended from lime to time. In the event the said Act is repealed,the Act as it exists on the date this Declaration is recorded shall remain applicable. Declarant hereby declares that all of the said real property described on said Exhibits A Ind B shall be held and conveyed subject to the following covenants, conditions and restrictions, all of which are declared and agreed to be for the protection of the value of the said real property, and for the benefit of any persons having any right,title or interest in the said real property. Said covenants, conditions and restrictions shall be deemed to run with the land and shall be a burden and a Deneiit to any persons acquiring such interest, their grantees, heirs, legal representatives, successors Ind assigns. Copyright© 2000 By William A. Love All Rights Reserved ARTICLE ONE: DEFINITIONS As used in this Declaration, unless the context otherwise requires, the terms hereinafter set forth shall have the following meanings: 1.1 ACT means the Colorado Common Interest Ownership Act, C.R.S. §§ 38-33.3-101, et seq.. as it may be amended from time to time. 1.2 AGENCIES means and collectively refers to the Federal National Mortgage Association (FNMA),the Federal Home Loan Mortgage Corporation(FHLMC),the Department ofHousing and Urban Development(HUD/FHA),the Veterans Administration(VA) or any other governmental or quasi-governmental agency or any other public, quasi-public or private entity which performs (or may in the future perform) functions similar to those currently performed by any of such entities. 1.3 ALLOCATED INTERESTS means the Votes in the Association and the Common Expense Assessment Liability which are allocated to each of the Lots in the Planned Communit}. The formulas used to establish the Allocated Interests are as follows: (a) Votes. The Owners of each Lot in the Planned Community shall be entitled to one vote for each Lot owned. (b) Common Expense Assessment Liability. The Common Expense Assessment is le.c ied upon all Lots on the basis of a fraction, the numerator of which is one and the denominator of which is the total number of Lots then within the Planned Community. 1.4 ARTICLES means the Articles of Incorporation of the Association. 1.5 ASSESSMENTS mean the (a) Common Expense Assessments, (b) Special Assessments, (c) Individual Assessments, and (d) Fines levied pursuant to this Declaration. 1.6 ASSESSMENT LIEN means the statutory lien on a Lot for any Assessment levied against hat Lot together with all Costs of Enforcement as herein defined. All Costs of Enforcement are enforceable as Assessments. If an Assessment is payable in installments,the full amount of the Assessment is a lien from the time the first installment becomes due. 1.7 ASSOCIATION means THE REFLECTION BAY HOMEOWNERS ASSOCIATION, a Colorado Corporation, not for profit, its successors and assigns. The Articles of Incorporation and Bylaws,along with this Declaration,shall govern the administration of the Planned Community, the Members of which shall be all of the Owners of the Lots within the Planned Community. 1.8 BOARD OF DIRECTORS or BOARD means the Board of Directors of the Association duly elected pursuant to the Bylaws of the Association or appointed by the Declarant as therein provided. The Board of Directors is the governing body of the Association and shall act on behalf of the Association. 2— The term Board of Directors as used herein is synonymous with the term Executive Board as the latter term is used in the Act. 1.9 BYLAWS means the Bylaws which are adopted by the Board of Directors for the regulation and management o f the Association. 1.10 COMMON AREAS means any real property(including all improvements thereon)owned and maintained by the Association, all of which is held for the common use and enjoyment of the Owners and their Guests, the descriptions of which are more fully described in Exhibit B attached hereto. The term Common Areas as used herein is synonymous with the term Common Areas as the latter term is used in the Act. 1.11 COMMON EXPENSE ASSESSMENTS means the funds required to be paid by each Owner in payment of such Owner's Common Expense Liability as more fully defined in Paragraph 5.2 hereof. 1.12 COMMON EXPENSE ASSESSMENT LIABILITY means the funds required to be paid by each Owner in payment of such Owner's Common Expense Liability as more fully defined in Paragraph 5.2 hereof. 1.13 COMMON EXPENSES means expenditures made by or liabilities incurred by or on behai f o f the Association, together with allocations to reserves. 1.14 COSTS OF ENFORCEMENT means all fees, late charges, interest, expenses, including receiver's fees,and reasonable attorneys'fees and costs incurred by the Association(a)in connection with the collection of the Assessments and Fines, or(b) in connection with the enforcement of the terms, conditions and obligations of the Project Documents. 1.15 COUNTY means Weld County, Colorado. 1.16 DECLARANT means REFLECTION BAY LIMITED LIABILITY COMPANY, a Colorado Limited Liability Company, or its successors and assigns. A Person shall be deemed a"successor and assign" of Declarant only if specifically designated in a duly recorded instrument as a success or assign of the Declarant under this Declaration, and shall be deemed a successor and assign of Declarant only as to the particular rights or interests of the Declarant under this Declaration which are specifically designated in the written instrument. 1.17 DECLARATION means this Declaration, the Plat and any supplements and amendments thereto recorded in the Office of the County Clerk and Recorder. 1.18 DESIGN REVIEW COMMITTEE (the"Committee") means the Committee formed pursuant to ARTICLE SIX hereof to review and approve or disapprove plans for Improvements as defined herein as more fully provided for by this Declaration. 1.19 DESIGN REVIEW GUIDELINES means the DESIGN REVIEW GUIDELINES FOR REFLECTION BAY, as amended and supplemented. These guidelines may be adopter. by the Design Review Committee to implement and interpret the Design Review/Architectural Approval provisions of ARTICLE SIX of this Declaration. These guidelines may contain,among other things, guidelines that will clarify or specify the design, materials, heights, size of structures and the maximum and minimum setbacks that will be considered in Design Approval and are available at the office of the Association. 1.20 DEVELOPMENT RIGHTS AND SPECIAL DECLARANT RIGHTS means the rights as defined by §§ 38-33.3-103(14) and (29) of the Act reserved by the Declarant under ARTICLE TWELVE hereof. 1.21 D WELLING UNIT OR UNIT means the residence constructed on each Lot within the Planned Community and any replacement thereof. Dwelling Unit shall include the Lot upon which such Dwelling Unit is constructed. 1..22 ELIGIBLE MORTGAGEE means a holder,insurer or guarantor of First Security Interest who has delivered a written request to the Association containing its name,address, the legal description and the address of the Lot encumbered by its First Security Interest, requesting that the Association notify them on any proposed action requiring the consent of the specified percentage of Eligible Mortgagees. 1.23 FIRST MORTGAGEE means any Person which owns, holds, insures or is a guarantor of a Security Interest as herein defined, which is a First Security Interest encumbering a Lot withir the Planned Community. A First Mortgagee shall also include the holder of executory land sates contracts wherein the Administrator of Veterans Affairs (Veterans Administration) is the Seller, whether such contract is recorded or not. 1.24 FIRST SECURITY INTEREST means a Security Interest (as hereinafter defined) that has priority of record over all other recorded liens except those liens made superior by statute (such as general ad valorem tax liens and special assessments). 1.25 GUEST means (a) any person who resides with an Owner within the Planned Community, f b) a guest or invitee of an Owner when accompanied by an Owner; (c) an occupant or tenant of a Dwelling Unit within the Planned Community, and any members of his or her household, in.itee or cohabitant of any such person; or (d) a contract purchaser. 1.26 IMPACTED OWNER means an Owner who would reasonably be affected by any proposed Improvement, excluding the Owner making the proposal to the Committee. Impacted Owners are identified by the Design Review Committee and take into account the physical proximity of their Lots to the proposed Improvement and as well as other factors deemed pertinent by the Committee. 1.27 IMPROVEMENTS means: (a) all of the following exterior improvements, structures and any appurtenances thereto or components thereof: buildings, outbuildings, hot tubs, swimming pools, tennis courts, solar collectors, antennas, painting or other finish materials on any visible structure, additions, garages, 4— driveways,fences,screening walls,retaining walls,stairs,decks,windbreaks,exterior light fixtures, poles, signs, cooling, heating and water softening equipment; and (b) any change,alteration,modification,expansion or addition to any previously approved Improvement, including any change of exterior appearance, finish material, color or texture; (c) the demolition,removal or destruction, by voluntary action, of any building, strut ture or other Improvements; (d) the grading,excavation,filling or similar disturbance to the surface of the land inc hid- ing, without limitation, change of grade, change of ground level, change of drainage pattern. However, grading, filling,etc., associated with landscaping is not restricted unless, in the judgment of the Committee, it adversely affects the flow of surface water to or from adjacent lots. 1.28 LOT means each platted lot shown upon the Plat of the Planned Community which is subject to this Declaration, together with all appurtenances and improvements now or hereafter located thereon. "Lot" shall include any Dwelling Unit constructed thereon as the term "Dwelling Jnit" is herein defined. The term Lot as used herein is synonymous with the term Unit as the latter term is used in the Act. 1.29 LOTS THAT MAY BE CREATED means five Lots,which shall be the maximum number of Lots that may be subject to this Declaration. 1.30 MANAGING AGENT means any one or more Persons employed by the Associatior who is engaged to perform any of the duties, powers or functions of the Association. 1.31 MEMBER. means each Owner, as defined in Paragraph 1.34 hereof. 1.32 MODIFICATION REVIEW COMMITTEE means the Committee formed pursuant to ARTICLE SIX hereof to review and approve or disapprove the plans for any modification, addition or alteration made on or to existing Improvements as defined herein as more fully provided for in this Declaration. 1,33 NOTICE AND HEARING means a written notice and an opportunity for a hearing befor the Board of Directors in the manner provided in the Bylaws. 1.34 OWNER means the record Owner of the fee simple title to any Lot which is subject to this Declaration. 1.35 PERIOD OF DECLARANT CONTROL means that period of time as defined in Paragraph 4.7 hereof. 5— 1.36 PERSON means a natural person, a corporation, a partnership, an association, a trustee a limited liability company,ajoint venture,or any other entity recognized as being capable of owning real. property under Colorado law. 1.37 PLANNED COMMUNITY means such real property and the improvements located thereon as more fully described on Exhibits A and B attached hereto. 1.38 PLAT means the final plat of the Reflection Bay Subdivision recorded in the records of the County Clerk and Recorder. 1.39 PROJECT DOCUMENTS means this Declaration, the Plat, the Articles of Incorporation and By laws of the Association, the Design Review Guidelines, and the Rules and Regulations of'he Association, if any, as they may be amended from time to time. 1.40 RULES means the Rules and Regulations adopted by the Board of Directors for the regulation and management of the Planned Community as amended from time to time. 1.41 SECURITY INTEREST means an interest in real estate or personal property created by contract which secures payment of an obligation. The term includes a lien created by a deed oftrust,contract for deed, land sales contract and UCC-l. 1.42 SPECIAL ASSESSMENT means those Assessments defined in Paragraph 5.4(d) hereof 1.43 TURNOVER DATE means the date the Period of Declarant Control terminates as more fully set forth in Paragraph 4.7 hereof. 1.44 VA AND/OR FHA APPROVAL means that the Planned Community has been or may be approved by the Veterans Administration and/or the Federal Housing Administration so that such agencies will insure or guarantee loans made upon the Lots within the Planned Community. 6— ARTICLE TWO: SCOPE OF THE DECLARATION 2.1 Property Subject to this Declaration. Declarant, as the Owner of fee simple title to the Planned Community, by recording this Declaration does hereby subject the Planned Community to the provisions of this Declaration. 2.2 Conveyances Subject to this Declaration. All covenants, conditions and restrictions wh:ch are granted or created by this Declaration shall be deemed to be covenants appurtenant to and mmnmg with the land, and shall at all times inure to the benefit of and be binding on any person having any interest in the Planned Community, their respective heirs, successors, personal representative; or assigns. Any instrument recorded subsequent to this Declaration and purporting to establish and effect an:y interest in the Planned Community shall be subject to the provisions of this Declaration despite any failure to make reference thereto. 2.3 Owner's Rights Subject to this Declaration. Each Owner shall own his or her Lot in fee simple and shall have full and complete dominion thereof, subject to the provisions of this Declaration. 2.4 Number of Lots. The number of Lots within the Planned Community is five. 2.5 Identification of Lots. The identification number of each Lot is shown on the Plat of the Planted Community. 2.6 Lot Boundaries. The boundaries of each Lot are located as shown on the Plat of the Planned Community. 7— ARTICLE THREE: COMMON AREAS 3.1. Common Areas Dedication. The Declarant, in recording the Nat of the Planned Community m the records of the County Clerk and Recorder, has designated certain areas of the Planned Community as Common Areas, more fully described on the attached Exhibit B. The Common Areas are not dedicated for use by the general public, but are dedicated to the common use and enjoyment of only the Owners of Lots located within the Planned Community and such Owner's Guests, as more fully provided for in this Declaration. Said Plat is hereby incorporated herein and made a part of this Declaration. 3.2 Title to the Common Areas. The Declarant hereby covenants that it will convey to the Association fee simple title to the Common Areas free and clear of all liens and encumbrances prior to the conveyance of the first Lot within the Planned Community to an Owner other than Declarant. 3.3 Duty to Accept the Common Areas Transferred by Declarant. The Association shall accept itle to said Common Areas and agrees to own and maintain any property, including all improvements located thereon, and personal property relating thereto,transferred to the Association by Decla-ant as Common Areas. Any property or interest in property transferred to the Association by Decla-ant shall be transferred to the Association free and clear of all liens and monetary encumbrances (other than the lien of real estate taxes not then due and payable)subject to covenants, easements and restrictions of record. 3.4 Duty to Manage and Care for the Common Areas. The Association shall manage, operate, :are for, insure,maintain, repair and reconstruct all of the Common Areas and the improvements located thereon and keep the same in a safe, attractive and desirable condition for the use and enjoyment o f al, of the Owners. 3.5 Owner's Rights in the Common Areas. Every Owner and such Owner's Guests shall have the right and easement of use and enjoyment in and to the Common Areas, which shall be appurtenant to and shall pass with the title of the Lot to such Owner, subject to the Development Rights and Special Declarant Rights of the Declarant reserved herein and the following rights of the Board of Directors: (a) To borrow money to improve the Common Areas and to mortgage said Common Areas as security for any such loan; provided, however, that the Association may not subject any portion of the Common Areas to a security interest unless such is approved by Owners to which at least eighty percent of the votes in the Association are allocated, including eighty percent of the votes allocated to Lots not owned by the Declarant as more fully set forth in §38-333-312 of the Act. (b) To convey or dedicate all or any part of the Common Areas for such purposes and subject to such conditions as may be agreed to by the Owners to which at least eighty percent o lithe votes in the Association are allocated, including eighty percent of the votes allocated to Lots not owned by the Declarant as more fully set forth in §38-33.3-312 of the Act. 8— The granting of permits, licenses and easements shall not be deemed a conveyance or encumbrance within the meaning of this Paragraph as more fully set forth in §38-33.3-312 of the Act. (c) To promulgate and adopt Rules and Regulations with which each Owner and their Guests shall strictly comply. (d) To take such steps as are reasonably necessary to protect the Common Areas aga.nst foreclosure. - (e) To enter into, make, perform or enforce any contracts, leases, agreements. licenses, easements and rights-of-way, for the use of Common Areas by Owners and Guests for any purpose the Board may deem to be useful, beneficial or otherwise appropriate. (f) To close or limit the use of the Common Areas temporarily while maintaining, repairing and making replacements in the Common Areas, or permanently subject lo Plat requirements if approved by Owners to which at least eighty percent of the votes in the Association are allocated. (g) To make such use of the Common Areas as may be necessary or appropriate for the performance of the duties and functions which it is obligated or permitted to perform under this Declaration. (h) The rights granted to the Board of Directors in Paragraph 4.13 hereof. 3.6 Delegation of Use. Any Owner may delegate his or her right of enjoyment to the Comr-ion Areas and facilities to their Guests. 9— ARTICLE FOUR: THE ASSOCIATION 4.1. Name. The name of the Association is THE REFLECTION BAY HOMEOWNERS ASSOC[A- TION, and it is a Planned Community. 4.2 Purposes and Powers. The Association,through its Board of Directors, shall perform functions and manage the Planned Community as provided in this Declaration so as to further the interests of the residents of the Planned Community and Members of the Association. 4.3 Board of Directors. The affairs of the Association shall be managed by a Board of Directors which may by resolution delegate authority to a Managing Agent for the Association as more filly provided for in the Bylaws,provided no such delegation shall relieve the Board of final responsibil- ity. 4.4 Articles and Bylaws. The purposes and powers of the Association and the rights and obligations with respect to Members set forth in this Declaration may and shall be amplified by provisions of the Articles of Incorporation and Bylaws of the Association. In the event either the Articles or Bylaws conflict with the Declaration,the Declaration shall control. In the event the Articles conflict with the Bylaws, the Articles shall control. 4.5 Membership. Members of the Association shall be every record owner of a Lot subject to this Declaration. Membership shall be appurtenant to and may not be separated from ownership of any Lot. Where more than one person holds interest in any Lot, all such persons shall he Members. 4.6 Voting Rights. The Association shall have one class of voting membership. Owners shall he entitled to one vote for each Lot owned;provided,however,in any election of Directors,each Owner shall have the number of votes equal to the number of Directors to be elected. The vote for such Lot, the ownership of which is held by more than one Owner, ina' he exercised by any one of them unless an objection or protest by any other holder of an interest of the Lot is made prior to the completion of the vote,in which case the vote for such Lot shall be ex ere..sed as the persons holding such interest shall determine between themselves. Should the joint owners o f a Lot be unable, within a reasonable time, to agree upon how they will vote any issue, they shall be passed over and their right to vote on such issue shall be lost. 4.7 Period of Declarant Control. Subject to provisions of Paragraph 4.8 hereof, there is a "Period of Declarant Control" during which Period the Declarant may appoint and remove any officer of the Association or any member of the Board of Directors. The Period of Declarant Control is a length of time expiring seven years after the recording of the Declaration, provided, however, the Period of Declarant Control in any event terminates no later than either(a) sixty days after conveyance of seventy-five percent of the Lots That May Be Created to Owners other than the Declarant; (b) two years after the last conveyance of a Lot by the Declarant in the ordinary course of business to Owners other than Declarant; or (c) two years after any right to add new Lots was last exercised. 10- The Declarant may voluntarily surrender the right to appoint and remove officers and members of the Board of Directors before termination of the Period of Declarant Control. In that event, the Declarant may require, for the duration of the Period of Declarant Control, that specified actions of the Board of Directors, as described in a recorded instrument executed by the Declarant, be approved by the Declarant before they become effective. 4.8 Election by Owners. Not later than sixty days after conveyance of twenty-five percent of the Lots That May Be Created to Owners other than Declarant, at least one member and not less than twenty-five percent of the members of the Board of Directors must be elected by Owners other than the Dec larant. Not later than sixty days after conveyance of fifty percent of the Lots That May Be Created to Owners other than Declarant, not less than thirty-three and one-third percent of the members of the Board of Directors must be elected by Owners other than the Declarant. Not later than the termination of the Period of Declarant Control as set forth in Paragraph 4.7 hereof,the Owners shall elect a Board of Directors consisting of three members,a majority of whom must be Owners other than the Declarant. The Board of Directors shall elect the officers of the Association. The Owners' Board of Directors shall take office upon termination of the Period of Declarant Control upon election. 4.9 Delivery of Documents by Declarant. Within sixty days after the Owners other than the Declarant elect a majority of the members of the Board of Directors, the Declarant shall deliver without charge to the Board of Directors all property of the Owners and of the Association relating to the Planned Community held by or controlled by the Declarant,including,without limitation the following items: (a) The original or a certified copy of the recorded Declaration,with all amendments and supplements thereto,the Association's Article of Incorporation,together with a Certificate of Good Standing, Bylaws, minute books, other books and records, to include all income tax returns filed, and any Rules and Regulations which may have been promulgated; (b) An accounting for Association funds and financial statements from the date the Association received funds and ending on the date the Period of Declarant Control ends in accordance with §38-33.3-303(9)(b) of the Act; (c) The Association funds or control thereof; (d) All of the tangible personal property that has been represented by the Declarant to be the property of the Association and has been used exclusively in the operation and enjoyment of the Common Areas; a copy of any plans and specifications used in the construction of any impr.we- ments in the Common Areas; and an inventory of these properties; (e) All insurance policies then in force in which the Owners, the Association, cr its directors and officers are named as insured persons; 11— (() Any permits issued by governmental bodies applicable to the Planned Community ar.d which are currently in force or which were issued within one year prior to the date or which Owners other than the Declarant took control of the Association; (g) Written warranties ofthe contractor,subcontractors,suppliers and manufacturers that are still effective; (h) A roster of Owners and Eligible Mortgagees and their addresses and telephone numbers, if known, as shown on the Declarant's records; (i) Employment contracts in which the Association is a contracting party; (j) Any service contract in which the Association is a contracting party or in vviiicI the Association of the Owners have any obligation to pay a fee to the persons performing the services; (k) recorded warranty deed conveying the Common Areas to the Association; and (1) title commitment insuring the association showing clear title in the Association. 4.10 Budget. (a) In accordance with § 38-33.3-303 of the Act, the Board of Directors shall cause to be prepared, at least sixty days prior to the commencement of each calendar year, a Budget for such calendar year. Within thirty days after the adoption of any Budget by the Board, the Board shall mail,by ordinary first-class mail,or otherwise deliver,a summary of the Budget to each Owner and shall set a date for a meeting of the Owners to consider ratification of the Budget not. less ;hail fourteen days nor more than sixty days after delivery of the summary. Unless at that meeting Owners to which at least eighty percent of the votes in the Association are allocated reject the Budget, the Budget shall be deemed ratified whether or not a quorum is present. In the event the Budget is rejected, the Budget last ratified by the Owners must be continued until such time as the Owners ratify a subsequent budget adopted by the Board of Directors. (b) If the Board of Directors deems it necessary or advisable to amend a Budget that has been ratified by the Owners pursuant to Paragraph 4.10(a) above, the Board may adopt a proposed amendment to the Budget, deliver a summary of the proposed amendment to all Owners arid set a date for a meeting of the Owners to consider ratification of the proposed amendment. The dale of such meeting shall not be less than fourteen days, nor more than sixty days, after the delivery o the summary of the proposed amendment. Unless at that meeting Owners to which at least eighty percent of the votes in the Association are allocated reject the amended Budget, the amended Budget shall be deemed ratified whether or not a quorum is present. 4.11 Association Agreements. Any agreement for professional management of the Planned Community or any contract providing for services of the Declarant, may not exceed one year. Any 12— such agreement must provide for termination by either party without cause and without pav Trier t of a termination fee or penalty upon thirty days' written notice. The Association shall not be bound either directly or indirectly to contracts or leases (including management contracts) entered into during the Period of Declarant Control unless the Association is provided with a right of termination of any such contract or lease without cause, which is exercisable without penalty at any time after such conversion upon not more than tP irty days' notice to the other party thereto. 4.12 Indemnification. Each Officer, Director and committee member of the Association shall be indemnified by the Association against all expenses and liabilities including attorney fees, reasonably incurred by or imposed upon him or her in any proceeding to which he or she may oe a party, or in which he or she may become involved, by reason of his or her being or having bee i an Officer, Director or committee member of the Association, or any settlements thereof, whether or not he or she is an Officer, Director or committee member of the Association at the time such expenses are incurred, to the full extent permitted by Colorado law. 4.13 Certain Rights and Obligations of the Association. (a) Contracts,Easements and Other Agreements: The Board of Directors shall have the right to enter into,grant,perform, enforce,cancel and vacate: contracts,easements(other than those created by the PUD and the Plat), licenses, leases, agreements, and/or rights-of-way, for the use by Owners, their Guests, and other persons, concerning the Common Areas. Any of such contracts, licenses, leases, agreements, easements and/or rights-of-way, shall be upon such terms and conditions as may be agreed to from time to time by the Board of Direc ors, without the necessity of the consent thereto, or joinder therein, by the Owners or First Mortgagees. (b) Other Association Functions: The Association may undertake any activity, function or service for the benefit of or to further the interests of all, some or any Members on a self- supporting, Special Assessment or Common Expense Assessment basis. (c) Implied Rights: The Board of Directors shall have and may exercise any right or privilege given to it expressly by this Declaration, or reasonably to be implied from the provisions of this Declaration, or given or implied by law, or which may be necessary or desirable to fulfill its duties, obligations, rights or privileges. 4.14 Certain Rights and Obligations of the Declarant. So long as there are unsold Lots within the Planned Community owned by the Declarant,the Declarant shall enjoy the same rights and assumes the same duties as they relate to each individual unsold Lot. 13— ARTICLE FIVE: ASSESSMENTS 5. l Obligation. Each Owner, 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 (a) Common Expense Assessments, (b) Special Assessments, (c) Fines, (d) Individual Assessments,and(e)Costs of Enforcement,which shall be a continuing lien upon the Lot against which each such Assessment is levied. The obligation for such payments by each Owner to the Association is an independent personal covenant with all amounts due, from time to time,payable in full when due without notice or demand and without setoff or deduction. All Owners of each Lot shall be jointly and personally liable to the Association for the payment of all Assessments and Costs of Enforcement attributable to their Lot. The personal obligation for delinquent assessments shall not pass to such Owner's suc:essors in title unless expressly assumed by them. The omission or failure of the Board of Directors to levy Assessments for any period shall not be deemed a waiver, modification or a release of the Owners from their obligation to pay. No Owner may waive or otherwise escape liability for the Common Expense Assessment provided for herein by the non-use of the Common Areas or the abandonment of his or her Let. 5.2 Purpose of the Common Expense Assessments. The Common Expense Assessment le vied by the Association upon all Owners shall be used exclusively for the purpose of(a) promoting the health, safety and welfare of the residents of the Planned Community and the Members of the Association, (b) providing for the improvements, repair, maintenance and reconstruction for the Common Areas;(c)hazard insurance insuring any insurable improvements upon the Commor Areas, and liability insurance covering incidents occurring on the Common Areas, and (d) satisfy ng any other purpose, reasonable, necessary or incidental to such purposes. Such assessments shall include the establishment and maintenance of a Reserve Fune for those items which the Association has an on going duty to repair, maintain or reconstruct on a periodic basis, provided, however, that such assessments levied during the Period of Declarant Control may not be used for the purposes of constructing capital improvements. 5.3 Date of Commencement of the Assessments. The Common Expense Assessment shall commence as to all Lots no later than sixty days after the first Lot is conveyed to an Owner other than the Declarant. Until the commencement of the collection of the Common Expense Assessments, the Declarant shall pay all of the expenses incurred and paid for by the Association on a pro rata basis based on the number of Lots owned by each within the Planned Community. 14— 5.4 Levy of Assessments. (a) Common Expense Assessments. Common Expense Assessments shall be levies. on all Lots based upon a budget of the Association's cash requirements. The Common Expense Assessment shall be allocated among the Lots in accordance with that Lot's Common Expense Assessment Liability as set forth in Paragraph 1.3 hereof. To the extent that any Common Expenses or a portion thereof benefit fewer than al', of the Lot Owners, such expenses may be assessed exclusively against the Lots benefitted as provided in C.R.S. § 38-33.3-315(c)(b) of the Act. (b)Individual Assessments. The Board of Directors shall have the right to individually 1:x/y upon any Owner or Owners amounts as provided for by this Declaration, to include but not he lirnited to,charges levied under Paragraphs 6.16,7.5,7.14,7.15,7.16,7.17, 9.2,9.6, l 0.2, 1 1.1, 1 1 2 and 11.4 hereof. No Individual Assessment shall be levied until the Owner or Owners to be charged have been given a Notice and Hearing as provided for in the Bylaws of the Association. Individual Assessments shall be collected as part of the Costs of Enforcement. Individual Assessments may be levied at any time as required and are exempt from any voting requirements by the membership required by other assessments called for under the Declaration. (c) Fines. The Board of Directors of the Association shall have the right to levy a Fine against an Owner or Owners for each violation of this Declaration, the Bylaws, the Articles and the Rules and Regulations of the Association. No such Fine shall be levied until the Owner or Owners to be charged have been given a Notice and Hearing as provided for in the Bylaws of the Associa- tion. Fines may be levied in a reasonable amount as determined from time to time by the Board of Directors in its discretion and uniformly applied. Fines shall be collected as part of the Costs of Enforcement. Fines may be levied at any time as required and are exempt from any voting requirements by the membership required for other assessments called for under the Declaratio m. (d) Special Assessments. In addition to the other Assessments authorized herein,the Board of Directors, subject to the requirements set forth below, may levy a Special Assessment for the purpose of defraying, in whole or in part, any unexpected expense to include but not be limited io, the cost of any construction, reconstruction, improvement, repair or replacement of a capital improvement upon the Common Areas,including fixtures and personal property relating thereto, or for the funding of any operating deficit incurred by the Association provided that any such Assessment shall have the approval of Owners to whom at least eighty percent of the votes in the Association are allocated, who are voting in person or by proxy at a meeting duly called for this purpose. Any such Special Assessment shall be levied against each Lot in accordance with that I,ot's Common Expense Liability determined in accordance with Paragraph 1.3 hereof Notwiths.anding is the foregoing, Special Assessments levied during the Period of Declarant Control may not be ised for the purpose of constructing capital improvements. Written notice of any meeting called for the purpose of making a Special Assessment shall be sent to all Owners not less than fourteen days nor more than sixty days in advance of the meeting. At the first such meeting called,the presence of Owners or of proxies to whom at least sixty percent of the votes in the Association are allocated 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 of the required quorum at the preceding meeting. No such subsequent meeting shall be held more than sixty days following the preceding meeting. If the Planned Community has been or may be approved by the Federal Housing Administration and/or Veterans Administration,then until the termination of the Period of Declarant Control all Special Assessments for capital improvements in addition to the approval of the Owners as required above will require the written consent of the Veterans Administration and/or the Federal Housing Administration. 5.5 Due Date. Fines and Individual Assessments shall be due and payable as established by the Board of Directors. All other Assessments shall be levied on an annual basis and shall be due and payable in installments, in advance, in such frequency as the Board of Directors determines in its discretion from time to time,provided that the initial assessments shall be adjusted to reflect the time remaining in the first Association's fiscal year. Any Owner purchasing a Lot between annual due dales shall pay a prorated share. Written notice of all Assessments shall be sent to each Owner subject thereto specifying the type of Assessment, the amount and the date such Assessment is due. Mortgagees are not required to collect assessments. 5.6 Remedies for Nonpayment of Assessments. If any Assessment (to include Costs of Enforce- ment)is not fully paid within fifteen days after the same becomes due and payable,then interest shall accrue at the default rate set by the Board of Directors on any amount of the Assessment in default accruing from the due date until date of payment,and the Board may assess a Late Fee in an amount as determined in the Board's discretion. In addition, the Board may: (i) accelerate and declare immediately due and payable all unpaid installments of the Assessment payable for the balance of the fiscal year during which such default occurred; (ii) bring an action at law against any Owner personally obligated to pay the Assessment and obtain a judgment for the amounts due; and (iii) proceed to foreclose its lien against the Lot pursuant to the power of sate granted to the Association by this Declaration in the manner and form provided by Colorado law for foreclosure of real estate mortgages 16— An action at law or in equity by the Association against an Owner to recover ajudgnteni for unpaid Assessments may be commenced and pursued by the Association without foreclosing or in any way waiving the Association's lien for the Assessments. Failure to pay assessments does not constitute a default under an insured mortgage 5.7 The Assessment Lien. The Association is hereby granted an Assessment Lien against each Lot for any Assessment levied by the Board of Directors and for Costs of Enforcement levied against such Lot Owners when the Lot Owner fails to pay as required by the Declaration. All Costs of Enforcement incurred pursuant to this Declaration are enforceable as Assessments. If an Assessment is payable in installments, the full amount of the Assessment is a lien from the time the first installment thereof becomes due. The Association's lien on a Lot for Assessments shall be superior to all other liens and encumbrances on a Lot except the following: (a) hens and encumbrances recorded prior to the recording of this Declaration; and (b) liens for real estate taxes and any other governmental assessments or charges against the Lot; and (c) the lien of any loan evidenced by a first mortgage or deed of trust and any executory land sales contract wherein the Administrator of Veterans Affairs(Veterans Administration)is seller, whether such contract is owned by the Veterans Administration or its assigns, and whether such contract is recorded or not, except to the extent the Act grants priority for Assessments to the Association. The Act does not affect the priority of mechanics' or materialmen's liens. Recording of the Declaration constitutes record notice and perfection of the lien. No further recordation of any claim of lien for Assessments under this Article is required. However, the Board of Directors may prepare, and record in the Office of the County Clerk and Recorder, a written notice setting forth the amount of the unpaid indebtedness, the name of the Owner of the Lot, and a description of the Lot. If a lien is filed,the cost thereof shall be considered a Cost of Enforcement. Sale or transfer of any Lot shall not affect the lien for said Assessments except that sale or transfer of any Lot pursuant to foreclosure by any First Mortgagee, or any proceeding in lieu :hereof, including deed in lieu of foreclosure, or cancellation or forfeiture shall only extinguish the Assessment Lien only to the extent provided by Colorado law. No such sale,deed in lieu of rorec lo- sure, nor cancellation or forfeiture shall relieve any Lot Owner from continuing liability for any Assessment thereafter becoming due, nor from the lien thereof. 17— Any First Mortgagee who acquires title to a Lot by virtue of foreclosing a first deed of trust or mortgage or by virtue of a deed in lieu of foreclosure will take the Lot free of any claims for unpaid Assessments and Costs of Enforcement against that Lot which have accrued prior to the time such First Mortgagee acquires title to the Lot, except to the extent the Act grants lien priority for Assessments of the Association. In any action by an Association to collect Assessments and Costs of Enforcement o- to foreclose a lien for unpaid Assessments, the court may appoint a receiver for the Owner to collect all sums alleged to be due from the Owner prior to or during the pending of the action. The court may order the receiver to pay any sums held by the receiver to the Association during the pending of the action to the extent of the Association's Common Expense Assessments and Costs of Enforcement. The rights of the Association shall be expressly subordinate to the rights of any First Mortgagee of a Lot under any assignment of rents given in connection with a first deed of rust or mortgage. The Assessment Lien hereby given shall also be a lien upon all of the rents and profits of the encumbered Lot; provided, however, the lien shall be subject and subordinate to the rights of any First Mortgagee of a Lot under any assignment of rents given in connection with a first deed of trust or mortgage. Without prejudice to any other right or remedy, the Association may exercise its lien rights to rents and profits by delivering a Notice of Exercise to the occupant or any payor of rents and profits, and thereafter shall be entitled to collect all such rents and profits to the extent of any delinquency. The Association's lien on a Lot for Assessments and Costs of Enforcement shall be s aperior to any homestead exemption now or hereafter provided by the laws of the State of Coloradc or any exemption now or hereafter provided by the laws of the United States. The acceptance of a deed to a Lot subject to this Declaration shall constitute a waiver of the homestead and any other exemption as against said Assessment Lien. 5.8 Assignment of Assessments. The Board of Directors shall have the unrestricted right tc assign its right to receive Common Expense Assessments and other future income, either as security for obligations of the Association or otherwise, on the condition that any such assignment is approved in writing by Owners to which at least eighty percent of the votes in the Association are allocated, including eighty' percent of the votes allocated to Lots not owned by the Declarant. 5.9 Surplus Funds. Any surplus funds of the Association remaining at the close of the Association's fiscal year after payment of the Association's expenses and funding the Reserve Fund shall be retained by the Association as unallocated reserves and need not be credited to the Owners to reciuce their future Assessment Liability. 5.10 Working Capital Fund. At the closing of the initial sale of a Lot to an Owner other that the Declarant, a one time non-refundable contribution shall be made by such Owner to the Working Capital Fund of the Association in an amount equal to two months' Common Expense Assessment. Said contribution shall be collected and transferred to the Association at the time of closing o'the sale by Declarant of each Lot and shall,until used by the Association,be maintained in a segregated 18— account with other such working capital funds for the use and benefit of the Association to cover the costs of the initial period of the Association's operation, including, without limitation, to meet unforeseen expenditures or to purchase additional 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 later sale or transfer of his or her Lot, an Owner may be entitled to a credit from his or her transferee, but shall NOT BE ENTITLED to a credit from the Association for the aforesaid contribution. The Declarant is prohibited from using the Working Capital Fund to defray any o f its expenses, reserve contributions or construction costs, or to make up any budget deficits during the Declarant Control Period. 5.11 Certificate of Status of Assessments. The Association shall furnish to an Owner or such Owner's First Mortgagee upon written request delivered personally or by certified mail, first class postage prepaid,return receipt requested, to the Association's Registered Agent, a statement setting forth the amount of unpaid Assessments currently levied against such Owner's Lot. The statement shall be furnished within fourteen business days after receipt of the request and is binding upon the Association, the Board of Directors, and every Owner. If no statement is furnished to the Owner or First Mortgagee, delivered personally or by certified mail, first lass postage prepaid, return receipt requested, to the inquiring party, then the Association shall have no right to assert a priority lien upon the Lot for unpaid Assessments which were due as of the dare of the request. 5.12 No Offsets. All Assessments shall be payable in the amounts specified in the levy thereof, and no offsets or reduction thereof shall be permitted for any reason including, without limitation, any claim that the Association or the Board of Directors is not properly exercising its duties and powers under this Declaration. The Declarant is exempt from the requirements of this Paragraph :5.1. 19— ARTICLE SIX: ARCHITECTURAL APPROVAL/DESIGN REVIEW Each Improvement within the Planned Community must be constructed in accordance with the"Design Review Guidelines," if available,and approved in accordance with this ARTICLES 1_X. The strict application of the following limitations and restrictions in any specific case may be modified or waived in whole or in part by the Committee if such strict application would be unreasonable or unduly harsh under the circumstances. Any such modification or waiver dust be in writing. 6.1 Approval of Improvements Required. The approval by the Design Review Committee the "Committee") shall be required prior to the commencement of the construction of Improvements as defined in Paragraph 1.28 herein on any portion of the Planned Community, except original first built Improvements constructed by Declarant. This approval of the Committee is in addition to the review and approval by the City. The jurisdiction for the approval over modifications, additions or alterations to an Improvement may be delegated to a Modification Review Committee by the Declarant in accordance with Paragraph 6.5 hereof. A purchase of any Lot within the Planned Community does not grant any implied guarantee of approval of the improvement to be located thereon by the Committee. The Board of Directors shall have the authority and standing, on behalf of the Association, to enforce in courts of competent jurisdiction decisions of the Committee and the Modification Review Committee established hereunder. 6.2 Membership of the Committee. The Committee shall consist ofup to three members,the number and the members of which shall be determined by the Declarant in its sole discretion. The Declarant shall have the continuing right to appoint and reappoint the members of the Committee,which right shall terminate at the option of the Declarant by its written notice to the Secretary of the Association, but in any event shall terminate without further act or deed upon the completion of construction of the last Dwelling Unit within the Planned Community. Thereafter, the Committee shall consist of three members, and the Board of Directors shall have the right to appoint the members of the Committee. Members of the Committee appointed by the Board of Directors must be Men bens of the Association. Members of the Committee appointed by Declarant may be removed at any time by Declarant and shall serve until resignation or removal by Declarant. Members of the Committee appointed by the Board of Directors may be removed at any time by the Board, and shall serve ihr such term as may be designated by the Board or until resignation or removal by the Board. 6.3 Address of the Committee. The address of the Committee shall be that of the principal office of the Association. 20— 6.4 Submission of Plans/Design Review Fee. Prior to commencement of work to accomplish any proposed Improvement,the Person proposing to make such Improvement("Applicant")shall submit to the Committee, at its office, or at such other place as the Committee may designate, such descriptions, surveys,plot plans, drainage plans, elevation drawings, construction plans, specif ca- tions and samples of materials and colors as the Committee shall request, showing the nature, kind, shape, height, width, color, materials, and location of the proposed Improvement. The Committee may,in its guidelines or rules,provide for the payment of a fee to accompany each request for approval of any proposed Improvement. The Committee may provide that the amount of such fee shall be uniform for similar types of any proposed Improvements or that the fee shall be determined in any other manner, such as the estimated cost of the proposed Improvement. Said fee may be used to compensate any consultant as the Committee deems necessary to assist the Committee in the performance of its duties. Members of the Committee may be reimbursed for services rendered and for directly related out-of-pocket expenses. The Committee may require submission of additional plans, specifications or other information prior to approving or disapproving the proposed Improvement. Until receipt by the Committee of all required materials in connection with the proposed Improvement, the Commirtee may postpone review of any materials submitted for approval by a particular Applicant. No Improvement of any kind shall be erected, altered, placed, or maintained wit sin the Planned Community unless and until the final plans. elevations, and specifications therefor have received written approval by the Committee as herein provided. 6.5 Delegation/Waiver. The Committee may at its discretion delegate to the Board of Directors or Modification Review Committee any of its powers granted to it by this Article by written notice to the Board of Directors indicating what powers and authority are granted to the Board of to the Modification Review Committee. Such delegation shall be effective from the date such notice is recorded. The approval or consent of the Committee, any representative thereof, or the Board of Directors, to any application for architectural approval shall not be deemed to constitute a wa ver of any right to withhold or deny approval or consent by the Committee, any representative thereof, or the Board of Directors, as to any application or other matters whatsoever as to which approval or consent may subsequently or additionally be required. 6.6 Criteria for Approval. The question of reasonableness and good faith is the standard applicable in reviewing plans for approval by the Committee. The Committee shall have the right to disapprove any proposed Improvement which is (a)not in accordance with the Design Guidelines, or(b) is not suitable or desirable in the Committee's opinion for aesthetic or other reasons. In passing upon the Improvement the Committee shall have the right to take into consideration the suitability of the proposed Improvement and of the materials of which it is to be built, the color scheme, the site upon which it is proposed to erect the same, the harmony thereof with the surroundings, the topography of the land and the effect of the Improvement as planned on 21— the outlook from the adjacent or neighboring property, and if it is in accordance with al of the provisions of this Declaration. The Committee may disapprove the proposed Improvement if the plans and specifications submitted are incomplete,or in the event the Committee deems the materials submitted be contrary to the spirit or intent of the Declaration. The Committee may condition its approval of any proposed Improvement upon the making of such changes thereon as the Committee may deem appropriate. 6.7 Decision of the Committee. The decision of the Committee shall be made within thirty days after receipt by the Committee of all materials required by the Committee unless such time period is extended by mutual agreement. The decision shall be in writing and, if the decision u; not to approve a proposed Improvement, the reasons therefor shall be stated. The decision of the Committee shall be promptly transmitted to the Applicant at the address furnished by the Applicant to the Committee. A majority vote of the Committee shall constitute the action of the Committee. The Committee shall report in writing to the Board of Directors all final actions of the Committee if requested by the Board of Directors. The Committee shall not be required to keep the materials submitted beyond one year from date of approval. 6.8 Appeal to the Board of Directors. If the Committee disapproves or imposes conditions on the approval of a proposed Improvement,the Applicant may appeal to the Board of Directors by giving written notice of such appeal to the Board of Directors and the Committee within ten days after notice of such disapproval or conditional approval is given to the Applicant. If the Committee approves a proposed Improvement, any Impacted Owner created by the Committee's decision may appeal the approval to the Board of Directors by giving written notice of such appeal to the Board of Directors,the Committee and the Applicant within ten days after such approval. The Board of Directors shall hear the appeal with reasonable promptness after reasonable notice of such hearing in writing to the Applicant, the Impacted Owner and the Committee. The Board shall decide with reasonable promptness, whether or not the proposed Improvemen['s approval shall be upheld. The decision of the Board of Directors shall be final and binding, on the parties concerned. 6.9 Failure of Committee to Act on Plans. Any request for approval of a proposed Improvement shall be deemed approved, unless disapproval or a request for additional information or materials is transmitted to the Applicant by the Committee within thirty days after the date of receipr by the Committee of all necessary materials as determined by the Committee. 22— 6.10 Prosecution of Work After Approval. After approval of any proposed Improvement, the proposed Improvement shall be accomplished as promptly and diligently as possible and in complete conformity with the description of the proposed Improvement, any materials submitted to the Committee in connection with the proposed Improvement and any conditions imposed by the Committee. Failure to complete any proposed Improvement within twelve months from the date of the commencement of construction(excavation)unless extended by the Committee shall co Zstitute noncompliance with this Article. 6.11 Notice of Completion. Upon completion of the Improvement, the Applicant shall give wri[ten Notice of Completion to the Committee. Until the date of receipt of a Notice of Completion. the Committee shall not be deemed to have notice of completion of any Improvement. • 6.12 Inspection of Work. The Committee or its duly authorized representative shall have the right to inspect any Improvement prior to or after completion; provided that the right of inspection shall terminate thirty days after the Committee receives a Notice of Completion from the Applicant. 6.13 Notice of Noncompliance. If, as a result of inspections or otherwise, the Committee finds that any Improvement has been done without obtaining the approval of the Committee, or was not done in substantial compliance with the description and materials furnished to, and any Condit ons imposed by, the Committee, or was not completed within twelve months from the date of the commencement of construction,unless extended by the Committee, the Committee shall notify the Applicant in writing of the noncompliance; which notice shall be given, in any event within thirty days after the Committee has inspected the Improvement, but in no event no later than thirty days after the Committee's receipt of such Applicant's Notice of Completion. The Notice shall specify the particulars of the noncompliance and shall require the Applicant to take such action as mav be necessary to remedy the noncompliance. 6.14 Failure of Committee to Act After Completion. If for any reason other than the Applicant's act or neglect,the Committee fails to notify the Applicant of any noncompliance within thirty clays after receipt by the Committee of written Notice of Completion from the Applicant, the Improve- ment shall be deemed to be in compliance if the Improvement was, in fact, completed as of t he date of Notice of Completion. 6.15 Appeal to the Board of Directors of Finding of Noncompliance. If the Committee gives any Notice of Noncompliance, the Applicant may appeal to the Board of Directors by giving written notice of such appeal to the Board and the Committee within ten days after receipt by the Applicant of the Notice of Noncompliance. If, after a Notice of Noncompliance, the Applicant fails to commence diligently to -enedy such noncompliance, the Committee shall request a finding of noncompliance by the Board of D irectors by giving written notice of such request to the Board of Directors and the Applican:within thirty days after delivery to the Applicant of a Notice of Noncompliance. In either event. the Beard ofDirectors after Notice and Hearing shall decide,with reasonable promptness,whether or not t acre has been such noncompliance and, if so, the nature thereof. 23— 6.16 Correction of Noncompliance. If the Board of Directors determines that a noncompliance exists, the Applicant shall remedy or remove the same within a period of not more than thirty cat's from the date of receipt by the Applicant of the written ruling of the Board of Directors. If the Applicant does not comply with the Board's ruling within such period,the Board may, at its opt.on, record a "Notice of Noncompliance" against the Lot on which the noncompliance exists, or may remove the noncomplying Improvement or may otherwise remedy the noncompliance. The Board may levy an Individual Assessment in accordance with Paragraph 5.4(b) hereof against the Owner of such Lot for such costs and expenses incurred. The right of the Board of Directors to remedy or remove any noncompliance shall be in addition to all other rights and remedies which the Board of Directors may have at law, in equity, or under this Declaration. 6.17 Meetings of the Committee. The Committee shall meet from time to time as necessary to perform its duties hereunder. 6.18 No Implied Waiver or Estoppel. No action or failure to act by the Committee or by the Board of Directors shall constitute a waiver or estoppel with respect to future action by the Committee or the Board of Directors. Specifically, the approval by the Committee of any Improvement shall not be deemed a waiver of any right or an estoppel to withhold approval or consent for any similar Improvement or similar proposals, plans, specifications or other materials submitted with respect to any other Improvement. 6.19 Estoppel Certificates. The Board of Directors shall, upon the reasonable request of any interested party and after confirming any necessary facts with the Committee, furnish a certificate with respect to the approval or disapproval of any Improvement or with respect to whether any Improvement was made in compliance herewith. Any person,without actual notice to the contrary, shall be entitled to rely on said certificate with respect to all matters set forth therein. 6.20 Architectural Standards/Design Guidelines. The Committee may promulgate rules and regulations to interpret and implement the provisions of this Article. These rules and regtlations shall be known as the"Design Review Guidelines" and shall contain, among other things,guidel nes which will clarify the types of designs and materials that will be considered in design approv al. F he Applicant shall be responsible to apply for all permits and approvals required by the Cit✓. F he Committee may review and revise the said Design Review Guidelines in its sole discretion ;o long as said guidelines are not discriminatory and are uniformly applied. 6.21 Modification Review Committee. The Modification Review Committee shall consist o f three members, all of whom shall be appointed in accordance with Paragraph 6.2 hereof. The Modifica- tion Review Committee shall have jurisdiction over modifications, additions or alterations made on or to existing Improvements if such jurisdiction shall he delegated to it in writing by the Committee. The Modification Review Committee shall promulgate detailed Standards and Procedures governing its area of responsibility and practice. Plans and specifications showing the nature, kind, shape, color, size, materials and location of such modifications, additions or alterations shall he submitted to the Modification Review Committee for approval as to design and harmony ..n relation to the surrounding structures, topography and finish grade level. 24— No perniission or approval shall be required to rebuild in accordance with originally approved plans and specifications. Nothing contained herein shall be construed to limit the right of an Owner to remodel the interior of his or her Dwelling Unit. In the event the Modification Review Committee fails to approve or to disapprove such pans or to request additional information reasonably required within thirty days after submission, the plans shall be deemed approved. 6.22 No Liability for Committee Action. There shall be no liability imposed on the Design Review Committee or the Modification Review Committee,any member of said Committees,any authori zed representative of said Committees, the Association, any member of the Board of Directors or Declarant for any loss,damage or injury arising out of or in any way connected with the performance of the duties of the Committees, if such party acted in good faith and without malice. In reviewing any matter, the Committees shall not be responsible for passing on safety, whether structural or otherwise, or conformance with building codes or other governmental aws or regulations, nor shall its approval of an Improvement be deemed approval of such matters. 25— ARTICLE SEVEN: LAND USE AND OTHER RESTRICTIONS The strict application of the following limitations and restrictions in any specific case may be modified or waived in whole or in part by the Committee if such strict application would be unreasonable or unduly harsh under the circumstances. Any such modification or waiver must be in writing. 7.1 Limitations and Restrictions. All Lots and Common Areas shall be owned, used and enjoyed subject to the following limitations and restrictions, and subject to the exemptions for Declarant as set forth in this Declaration. 7.2 Land Use. Each Owner shall be entitled to the exclusive ownership and possession of his or her Lot and Dwelling Unit. Subject to the Development and Special Declarant Rights reservea by the Declarant in ARTICLE TWELVE hereof, and the exemptions for the Declarant in accordance with Paragraph 7.23 hereof, no Lot within the Planned Community shall be used for any purpose other than single-family residential purposes as generally defined or for a home occupation so long as such occupation(a) is allowed by the local Zoning Codes, (b) employs no outside employees, (c) hat; no signage nor parking requirements. Uses described as "day care"or"child care" facilities (licensed or unlicensed) are expressly prohibited except with the prior written permission of the Board of Directors. No Improvement as herein defined, shall be erected on any part of the Planned Community which is not compatible with the character, quality and amenities associated with the neighborhood and approved in writing by the Committee in accordance with ARTICLE SIX hereof 7.3 Building Locations, Height Restrictions and Lot Coverage. Except for original first built Improvements constructed by the Declarant, the Committee shall approve the location, height and square footage of any Improvement placed on any Lot. No Improvement shall exceed the height as set forth in the City's Building Code. Such approval must be obtained before commencement of any construction or alteration in accordance with ARTICLE SIX hereof. 7.4 Temporary Structures. No temporary house trailer, tent, garage or outbuilding shall be placed or erected upon part of the Planned Community except with the prior written approval of the Committee obtained in each instance. No Dwelling Unit located upon the Planned Community shall be occupied in any manner at any time prior to its being fully completed in accordance with approved plans nor shall any Dwelling Unit when completed be in any manner occupied until there is compliance with all requirements, conditions, covenants, and restrictions herein set forth. 7.5 Restrictions on Garbage and Trash. Each Owner shall keep all of his or her trash, garbage, or other refuse in a container in his or her garage. Each Owner shall provide for the regular removal of such Owner's trash and garbage. Each Owner shall keep his or her Lot at all times in a neat and clean condition, and grass and weeds shall be kept mowed. No trash, litter, garbage, grass, shrub 26— or tree trimmings, scrap refuse or debris of any kind shall be permitted to remain exposed upon any Lot so it is visible from any neighboring Lot, Common Areas or from the street except that any container containing such material may be placed outside at proper times for garbage or trash pickup. The Board of Directors shall have the right and duty,through its agents and employees, after Notice and Hearing, to enter upon any Lot and remove such unsightly objects and materials. The cost of such removal shall be chargeable to such Owner by Individual Assessment in accordance with Paragraph 5.4(b). 7.6 Nuisances. No noxious or offensive activity shall be carried on upon the Planned Community or any part thereof, nor shall anything be done or maintained thereon which may he or bee ome an annoyance or nuisance to the neighborhood or which is or may cause an unreasonable emoar ass- ment, disturbance or annoyance to others, or detract from its value as an attractive residential community. Habitually barking, howling or yelping dogs shall be deemed a nuisance. 7.7 No Annoying Lights, Sounds or Odors. No light shall be emitted from any portion or the Planned Community which is unreasonably bright or causes unreasonable glare, and no sour or odor shall be emitted from any portion of the Planned Community which would reasonably be found by others to be noxious or offensive. Without limiting the generality of the foregoing, no exterior spot lights, searchlights, speakers, horns, whistles, bells or other light or sound devices shall be located or used on any portion of the Planned Community except with the prior written approval of the Committee. 7.8 No Hazardous Activities. No activity shall be conducted on any portion of the Manned Community which is or might be unsafe or hazardous to any person or property. Without im ring the generality of the foregoing, no firearms shall be discharged upon any portion of the 'lanned Community and no open fires shall be lighted or permitted on any portion of the 'Ilanned Community except in a contained barbecue unit while attended and in use for cooking purposes or within a fireplace designed to prevent the dispersal of burning embers. 7.9 No Unsightliness. All equipment shall be enclosed within a garage, including all tractors, snow removal equipment and garden or maintenance equipment, except when actually in use. No clotheslines, wood piles or storage areas shall be so located on any Lot as to be visible from neighboring Lots, Common Areas or from the street. No types of exterior refrigerating, cooling or heating apparatus shall be permitted unless approved by the Committee. 7.10 Utilities. All electric, television, radio and telephone line installations and connections iom the Owner's property line to the Dwelling Unit shall be placed underground. All types of exterior refrigerating,cooling or heating apparatus must be approved by the Committee. All solar collector installations must be approved by the Committee pnor to installation. 7.11 Restrictions on Signs and Advertising Devices. No sign, poster, billboard, advertising device or display of any kind shall be erected or maintained anywhere within the Planned Community except such signs as may be approved in writing by the Committee which may include signs 27— indicating protection by Security Systems and Neighborhood Watch Programs. One sign advertising a Lot for sale or for lease may be placed on such Lot or Dwelling Unit; provided however, that standards relating to dimensions,color,style and location of such sign shall be determined from time to time by the Committee and shall comply with the local sign codes and with all other applicable statutes, ordinances and regulations. Notwithstanding the foregoing, reasonable signs, advertising or billboards used by the Declarant in. connection with development of or construction on the Lot, shall be permissible. 7.12 Compliance with Insurance Requirements. Except as maybe approved in writing by th.b Board of Directors, nothing shall be done or kept on the Planned Community which may result i i an increase in the rates of insurance or would result in the cancellation of any insurance maintained by the Association. 7.13 Compliance with Laws. No unlawful use shall be permitted or conducted of any Lot. All laws, ordinances and regulations of all governmental bodies having jurisdiction over the Lots shall be observed. 7.14 Restoration in the Event of Damage or Destruction. If due to casualty or for any other reason a Dwelling Unit located on a Lot shall be destroyed or so damaged that the Dwelling Unit is no longer habitable, then the Owner of such Lot shall, within a reasonable time not to exceed one hundred and twenty days after the event resulting in such damage or destruction, either commence and diligently pursue repair or reconstruction of the Dwelling Unit or demolish the same. Demolition of a Dwelling Unit shall include removal of any foundation slab,basement walls and floors,regrading the Lot to a level condition and the installation of such landscaping as may be required by the Committee pursuant to a plan submitted to the Committee by the Owner of said Lot. If an Owner does not either commence repair. reconstruction or demolition activities inn thin a reasonable time as provided hereinabove and diligently pursue the same in conformance with plans approved by the Committee, then the Association may, in its reasonable discretion, after providing the Notice and Hearing, enter upon the Lot for the purpose of demolishing the balance or he Dwelling Unit and landscape the Lot in conformance with approved plans. The cost related to such demolition and landscaping shall be levied against the Owner as an Individual Assessment in accordance with Paragraph 5.4(b) hereof. 7.15 Household Pets. No animals, livestock, birds, poultry, reptiles or insects of any kind, shall be raised, bred, kept or boarded in or on any portion of the Planned Community; except that dc gs, cats or other customary household pets may be kept thereon if they are not raised,bred or maintained For any commercial purpose, and are not kept in such number or in such manner as to create a nuisance or inconvenience to any residents of the Planned Community. The Board of Directors shall have 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 is 28— otherwise in violation of the provisions of this Paragraph. The Directors shall take such action or actions as it deems reasonably necessary to correct the violation to include after Notice and Hearng, directing permanent removal of the pet or pets from the Planned Community. Household pets shall not be allowed to run at large within the Planned Community, b it shall at all times be under the control of such pet's Owner and such pets shall not be allowed to litter the Common Areas. Dogs shall be on leashes while in the Common Areas. Reimbursement for damages caused by such pets and costs incurred by the Association, to include attorneys' fees and costs, in the removal of a pet or pets from the Planned Community or incurred by the Association in cleanup after such pets may be levied against such pet's Owner as an Individual Assessment in accordance with Paragraph 5.4(b) hereof. No dog runs or animal pens of any kind shall be permitted on any Lot except with the prior written approval of the Committee. 7.16 Vehicular Parking, Storage and Maintenance. No house trailer, camping trailer, horse tra ler, camper, camper shells, boat trailer, hauling trailer, boat or boat accessories, truck larger than one ton,recreational vehicle or equipment,mobile home,or commercial vehicle may be parked or stored anywhere within the Planned Community so any portion of it is visible from neighboring Dwelling Units, Common Areas or from the street except in emergencies or as a temporary expedience. This applies to vehicles referred to above even if they are licensed by the State of Colorado or any other jurisdiction as "passenger vehicles". No emergency or temporary parking or storage shall continue for more than seventy-two hours. Parking is not allowed on landscaped or lawn areas. No abandoned, unlicensed, wrecked or inoperable vehicles of any kind shall be stored or parked within the Planned Community except in garages or except in emergencies. Any"abandoned or inoperable vehicle" shall be defined as any of the vehicles listed above or any other kind of passenger vehicle which has not been driven under its own propulsion for a period of one wee or longer, or which does not have installed within it an operable propulsion system;provided however, that any vehicle belonging to any Owner which is otherwise permitted will not be deemed to he abandoned while the Owner is ill or out of town. The Board of Directors shall have the right to remove and store a vehicle in violation of this Paragraph after Notice and Hearing, the expenses of which shall be levied against the Owner of the vehicle as an Individual Assessment in accordance with Paragraph 5.4(b) hereof Each Dwelling Unit within the Planned Community shall include an enclosed garage of a size sufficient to accommodate a minimum of two full sized automobiles. Preventative vehicle maintenance only is allowed within the Planned Community. Owners are encouraged to keep their garage doors closed except when in use. 29— 7.17 Owner Caused Damages. If, due to the act or neglect of an Owner or such Owner's Guests, loss or damage shall be caused to any person or property within the Common Areas, such Owner shall be liable and responsible for the payment of same. The amount of such loss or damage, together with costs of collection and reasonable attorney's fees, if necessary, may be collected by the Board of Directors from such Owner as an Individual Assessment against such Owner in accordance with Paragraph 5.4(b) hereof. Determination with respect to whether or not a particular activity or occurrence shall constitute a violation of this Paragraph 7.17 shall be made by the Board of Directors and ;hall be final. 7.18 Exterior Equipment Prohibition. No exterior equipment or fixtures, including, but not limited to, the following shall be permitted without the written consent of the Board of Directors: air conditioning units, swamp coolers, or other ventilating equipment; and any type or kind of wiring, ducts, or pipes, excluding holiday wiring. 7. 19 Antennas and Satellite Dishes. No conventional television antennae of any kind may be installed on the exterior of any Dwelling Unit in the Planned Community. No satellite dishes, antennas, and similar devices for the transmission or reception of television, radio, satellite, or other signals of any kind shall be permitted, except that (a) satellite dishes designed to receive direct broadcast satellite service which are one meter or less in diameter; (b) satellite dishes designed to receive video programming services via multi-point distribution services which are one meter or less in diameter or diagonal measurement; or (c) antennas designed to receive television broadcast signals ("Permitted Devices") shall be permitted, provided that any such Permitted Device for a Dwelling Unit is placed in the least conspicuous location on the Lot at which an acceptable quality signal can be received and is not visible from the street, C3m:non Area, or neighboring Dwelling Units, or is screened from the view from adjacent Dwelling Units in a manner consistent with the architectural standards contained in ARTICLE SIX hereof. This paragraph is intended to comply with the Telecommunications Act of 1996 i "Act") and the rules and regulations promulgated by the Federal Communications Commission(" CC"). Specifically, this paragraph is not intended to unreasonably delay or prevent installation, maintenance or use of Permitted Devices; unreasonably increase the cost of installation, maintenance or use of Permitted Devices; or preclude reception of an acceptable quality signal. In the event that any portion of this paragraph is found to violate the Act or any rule or regulation of the FCC the portion of this paragraph that is found to be in violation shall be stricken anc the remaining provisions of this paragraph shall remain in full force and effect. 7.20 Lease of a Dwelling Unit. With the exception of a First Mortgagee who has acquired title to a Lot by virtue of foreclosing a first mortgage or by virtue of a deed in lieu of foreclosure, an Owner shall have the right to lease his or her Dwelling Unit upon such terms and conditions as the Owner may deem advisable, subject to the following: (a) Any such lease or rental agreement must be in compliance with applicable local,.state and federal laws. 30- (b) No Owner may lease or rent (i) less than his or her entire Dwelling Unit; (ii) for transient or hotel purposes; or (iii) for a term of less than thirty days; (c) Any lease or rental agreement shall be in writing and shall provide that the lease or rental agreement is subject to the terms of this Declaration,the Articles of Incorporation and Bylaws of the Association, and the Rules and Regulations of the Association; (d) Such lease or rental agreement shall state that the failure of the lessee or renter to comply with the terms of the Declaration or Bylaws of the Association,Articles of Incorporation or the Rules and Regulations of the Association shall constitute a default and such default shall he enforceable by either the Board of Directors or the lessor, or by both of them to include, but not he limited to, eviction of the lessee from the Dwelling Unit. (e) the Board of Directors shall be furnished with a copy of the lease or rental agreement upon its request. 7..21 Fences and Other Exterior Improvements. No fences, mailboxes, porch and area lighting, property identification or other exterior improvements shall be constructed or maintained on any I.of unless approved by the Committee except as were installed or permitted to be installed by the Declarant in its initial construction of the Dwelling Unit. 7.22 Rules. Every Owner and his or her Guests shall adhere strictly to the Rules as promulgated by the Board of Directors, as amended from time to time. 7.23 Waiver of Summary Abatement. The Declarant and the Association waives the right to use summary abatement or similar means to enforce the restrictions herein contained. udictal proceedings must be instituted before any items of construction can be altered or demolished. 7.24 Exemptions for the Declarant. So long as the Declarant owns a Lot within the Planned Community, the Declarant shall be exempt from the provisions of this ARTICLE SEVEN to the extent that it impedes Declarant's development,construction,marketing,sales, or leasing acivi:ies. The Association, acting through its Board of Directors, shall have the standing anc pcwer to enforce all of the above land use and other restrictions. 31— ARTICLE EIGHT: EASEMENTS 8.1 Utility Easements. Easements for utilities over and across the Common Areas shall be those shown upon the Plat of the Planned Community, and such other easements as may be established pursuant to the provisions of this Declaration. 8.2 Easements for the Board of Directors. Each Lot shall be subject to an easement in favor of:he Board of Directors (including its agents, employees and contractors) to perform its obligations pursuant to this Declaration. 8.3 Emergency Easements. A nonexclusive easement for ingress and egress is hereby granted to all poiiice, sheriff,fire protection, ambulance, and other similar emergency agencies or persons,noun or hereafter servicing the Planned Community, to enter upon any part of the Planned Commuait} in the, performance of their duties. 8.4 Recording Data Regarding Easements. Pursuant to § 38-33.3-205(m) of the Act, the recording data for recorded easements and licenses appurtenant thereto,or included in the Planned Community or to which any portion of the Planned Community is or may become subject to are identified on the attached Exhibit C. 8.5 Easements Deemed Appurtenant. The easements and rights herein created for an Owner shall be deemed appurtenant to the Lots owned by such Owner. All conveyances and instruments affecting title to a Lot shall be deemed to grant and reserve the easements and rights of way as provided herein, as though set forth in said document in full, even though no specific reference to such easements or rights of way appear. 32— ARTICLE NINE: INSURANCE 9.:. Authority to Purchase/General Requirements. All insurance policies relating to the Associat ion and Comrnon Areas within the Planned Community shall be purchased by the Board of Directors. The Board of Directors shall promptly furnish to each Owner and/or such Owner's First Moitgagee requesting same, written notice of the procurement of, subsequent changes in, renewals of or termination of insurance coverages obtained on behalf of the Association. The Board of Directors shall not obtain any policy where(a) under the terms of the. insurance company's charter, bylaws, or policy, contributions or assessments may be made against the Association,Owner or First Mortgagee,or(b)by the terms of carrier's charter,bylaws or policy, loss payments are contingent upon action by the carrier's Board of Directors, policyholders or members; or(c)the policy includes any limiting clauses(other than insurance conditions)which could prevent Owners or First Mortgagees from collecting insurance proceeds. Each such policy shall provide that: (a) The insurer to the extent possible waives any right to claim by way of subrogation against the Declarant, the Association, the Board of Directors, the Managing Agent or the Owners, and their respective agents, employees, Guests and, in the case of the Owners, the members of their households. (b) Such policy shall not be canceled,invalidated or suspended due to the conduct o 'any Owner or his or her Guests or of any Member, officer or employee of the Board of Directors or the Managing Agent without a prior demand in writing that the Board or the Managing Agent :urn the defect and neither shall have so cured such defect within forty-five days after such demand; (c) Such policy, including any fidelity insurance of the Association referred to in Paragraph 9.4 hereof may not be canceled, or substantially modified by any party (including can- cellation for nonpayment of premium) without at least thirty days' prior written notice to the Board of Directors, the Managing Agent and to each First Mortgagee listed as a scheduled holder of a first mortgage in the policy; (d) Such policy must provide that no assessment maybe made against a First Mortgagee, its successors or assigns and that any assessment made against others shall not become a lien on a Lot or Dwelling Unit superior to the lien of a First Mortgagee; (e) The Declarant, so long as Declarant shall own any Lot, shall be protected by all such policies as an Owner, if such coverage is available; All policies of insurance shall be written by reputable companies duly authorized and licensed to do business in the State of Colorado with an A.M. Best's rating of"A" or better if reasonably available, or, if not reasonably available, the most nearly equivalent rating. 33— All insurance policies shall contain the standard mortgagee clause or equivalent endorsement (without contribution) in which it appropriately names the First Mortgagee in the policy, its successors and assigns, beneficiary. 9.2 Hazard Insurance. The Board of Directors shall obtain and maintain a blanket, "all-risk" form policy of hazard insurance with extended coverage, vandalism, malicious mischief, windstorm, sprinkler leakage(if applicable),debris removal,cost of demolition and water damage endorsements, insuring any of the insurable improvements located on the Common Areas. Such insurance shall at all times represent one hundred percent of the current replacement cost based on the most recent appraisal of all insurable improvements in the Common Areas. The current replacement cost shall not include values for land, foundation, excavation and other items normally excluded therefrom and shall be without deduction for depreciation and with no provision for co- insurance. If available, the policy shall be endorsed with a "Guaranteed Replacement Cost. Endorsement". The Board of Directors shall review at least annually all of its insurance policies in order to insure that the coverages contained in the policies are sufficient. The Board of Directors shall consistent with good business practices, and at reasonable intervals obtain a written appraisail for insurance purposes, showing that the insurance represents one hundred percent of the current replacement cost as defined above for all insurable improvements located on the Common Areas. together with any personal property owned by the Association. Such policies shall also provide: (a) The following endorsements or their equivalent:No Control Endorsement,Contingent. Liability from Operation ofBuilding Laws or Codes Endorsement, Cost ofDemolition Endorsement. Increased Cost of Construction Endorsement) Agreed Amount Endorsement, and Infla.tion Guar. Endorsement, if available. (b) That any "no other insurance" clause expressly exclude individual Owners' policies from its operation so that the property insurance policy purchased by the Board of Directors shall be deemed primary coverage and any individual Owners'policies shall be deemed excess coverage, and. in no event shall the insurance coverage obtained and maintained by the Board of Directors hereunder provide for or be brought into contribution with insurance purchased by individual Owner; or their F first Mortgagees, unless otherwise required by law. A certificate, together with proof of payment of premiums, shall be delivered by the insurer to any Owner and First Mortgagee requesting the same, at least thirty days prior to expiration orthen current policy. The insurance shall be carried naming the Association as the owner and beneficiary thereo' for the use and benefit o f the Association. Any loss covered by the policies carried under this Article shall be adjusted exclusively by the Board of Directors and provide that all claims are to he settled on a replacement cost basis. 34— The Association shall hold any insurance proceeds received in trust for the Owners and their First Mortgagees as their interests may appear. The proceeds shall be disbursed first for the repair or restoration of the damaged Common Areas. Owners and First Mortgagees are not entitled to receive payment of any portion of the proceeds unless there is a surplus of proceeds after the Common Areas have been repaired or restored. No Owner or any other party shall be entitled to priority over First Mortgagees with respect to any distribution of the insurance proceeds.. The deductible, if any, on such insurance policy shall be as the Directors determine to be consistent with good business practice and which shall be consistent with the requirements oft he First Mortgagees, not to exceed, however,Ten Thousand Dollars or one percent of the face amount oldie policy whichever is less. Any loss falling within the deductible portion of a policy shall be paid by the Association. Funds to cover the deductible amounts shall be included in the Association's Reserve Funds and be so designated. The Board shall have the authority to levy, after Notice and Hearing, against Owners causing such loss for the reimbursement of all deductibles paid by the Association as an Individual Assessment in accordance with Paragraph 5.4(b) hereof. 9.3 Liability Insurance. The Board of Directors shalt obtain and maintain comprehensive general liability(including eviction, libel, slander, false arrest and invasion of privacy)and property damage insurance covering all of the Common Areas, public ways within the Planned Community and any other areas that are under the Association's responsibility insuring each officer,director,the Managing Agent and the Association. Such coverage under this policy shall include, without limitation, the legal liability of the insureds for property damage, bodily injuries and deaths of persons that result from the operation, maintenance or use of the Common Areas and the legal liability arising out of lawsuits relating to employment contracts in which the Association is a party. Such insurance shall be issued on a comprehensive liability basis. Additional coverages may be required to include protection against such other risks as are customarily covered with respect to the Planned Community similar in construction, location and use,including,but not limited to, Host Liquor Liability coverage with respect to events sponsored by the Association, Workmen's Compensation and Employer's Liability Insurance, Comprehensive Automobile Liability Insurance, Severability of Interest Endorsement. IN THE EVENT THE ASSOCIATION HOSTS A FUNCTION AND CHARGES FOR FOOD OR DRINK AND LIQUOR IS SERVED, THERE WILL BE NO HOST LIQUOR LIABILITY COVERAGE FOR THE ASSOCIATION. IF MONEY IS CHARGED, A LIQUOR LIABILITY POLICY WOULD BE NEEDED TO GIVE COVERAGE TO THE ASSOCIATION. The Board of Directors shall review such limits once each year, but in no event shall such insurance be less than one million dollars covering ail claims for bodily injury, including deaths of persons and property damage arising out of a single occurrence. Reasonable amounts of"umbrella" liability insurance in excess of the primary limits may also be obtained. 35— Absolute liability is not imposed on Owners for damage to Common Areas or Lots within the Planned Community. 9.4 Fidelity Insurance. The Association shall obtain and maintain,to the extent reasonably available. fidelity insurance coverage for any Owner or Association employee who either handles or is responsible for funds held or administered by the Association. The insurance shall name the Association as insured, and shall contain waivers of any defense based upon the exclusion of persons who serve without compensation from any definition of"employee" or similar expression. The fidelity insurance policy should cover the maximum funds(including Reserve Funds t that will be in the custody of the Association or its management agent at any time while the policy is in force; provided, however, in any event the aggregate amount of such insurance shall not be less than a sum equal to three months' aggregate assessments on all Lots, plus Reserve Funds. The policy must include a provision that calls for thirty days'written notice to the Association before the policy can be canceled or substantially modified for any reason. The same notice❑tus-also be given to each servicer that services a Fannie Mae-owned or securitized mortgage in the Planned Community. A management agent that handles funds for the Association should be covered by its own fidelity insurance policy which must provide the same coverage required of the Association. 9.3 Additional Insurance. a) If the area where the Planned Community is located has been Identified by the Secretary of Housing and Urban Development (HUD) or the Director of the Federal Emergency Management Agency (FEMA) as a Special Flood Hazard Area, flood insurance for the Planned Community shall he maintained providing coverage equivalent to that provided under the Vational Flood Insurance Program in an amount of one hundred percent of the Planned Community's current replacement cost or the maximum available. If the Planned Community at the time of the recording of this Declaration is identified as a Special Flood Hazard Area but becomes reclassified at a later date as such, the Board of Directors shall obtain flood insurance for the Planned Community in accordance with the above. Conversely flood insurance may be discontinued under certain conditions. b) Adequate Directors and Officers liability insurance, if reasonably available, and if deemed consistent with good business practices,for errors and omissions on all Directors and Officers to be written in an amount which the Board of Directors deems adequate; c) Worker's Compensation and Employer's Liability Insurance and all other similar insurance with respect to employees of the Association in the amount and in the forms new or hereafter acquired by law; 36— d) Such other insurance of a similar or dissimilar nature,as the Board of Directors shall deem appropriate with respect to the Planned Community. 9.6 Payment of Insurance Premiums. The cost of the insurance obtained by the Association in accordance with this Article, except for premiums on fidelity insurance maintained by a Managing Agent for its officers, employees and agents shall be paid from Association funds and shall be collected from the Owners as part of the Common Expense Assessment as provided for in Paragraph 5.4(a) hereof In the event there are not sufficient funds generated from the Common Expense Assessment to cover the cost of the insurance provided for above, then the deficiency shall be chargeable to each Owner by an Individual Assessment in accordance with Paragraph 5.4(b)hereof and such assessment shall be exempt from any special voting requirements of the Membership. Such assessment shall be prorated among Owners in accordance with the Owners' Common Expense Liability set forth in Paragraph 1.3 hereof 9.7 Separate Insurance. No Owner shall be entitled to exercise his or her right to acquire or maintain such insurance coverage so as to decrease the amount which the Board of Directors, on behalf of all Owners, may realize under any insurance policy maintained by the Board or to cause any insurance coverage maintained by the Board to be brought into contribution with insurance coverage obtained by an Owner. All such policies shall contain waivers of subrogation. No Owner shall obtain separate insurance policies except as provided in this Paragraph. 9.8 Condemnation. If a part of the Common Areas are acquired by condemnation, that portion of any award attributable to the Common Areas taken must be paid to the Association. 37— ARTICLE TEN: RESTORATION UPON DAMAGE OR DESTRUCTION 10. Duty to Restore. In the event of damage or destruction to any portion of the Common Areas which is covered by insurance carried by the Association,the insurance proceeds shall be app Her by the Board of Directors to such reconstruction and repair. The Common Areas must be repaired and restored in accordance with either (a) the orig nal plans and specifications,or(b)other plans and specifications which have been approved by the Bc and of Directors. 10.2 Use of Insurance Proceeds. If the insurance proceeds with respect to such damage or des -ua ion are insufficient to repair and reconstruct the damage to the Common Areas, the Board of Directors shall levy an Individual Assessment in the aggregate amount of such insufficiency pursuant to Paragraph 5.4(b) hereof, and shall proceed to make such repairs or reconstruction. The amount of each Owner's Individual Assessment shall be such Owner's Common Expense Liability determined in accordance with Paragraph 1.3 hereof. If all of the damage to the Common Areas covered by the Association's insurance is not repaired or reconstructed, the insurance proceeds attributable to the damage shall be used to restore the damaged portion of the Common Areas to a condition compatible with the remainder of the Planned Community and the remainder of the proceeds shall be distributed to the Association. 38— ARTICLE ELEVEN: MAINTENANCE 11.1 Maintenance of the Common Areas. The Association shall provide for the repair, maintenance and/or reconstruction of the Common Areas. Without limiting the generality of the foregoing and by way of illustration, the Association shall keep the Common Areas in safe, attractive, c ean, functional and good repair and may make necessary or desirable alterations or improvements :hereon. In the event such repair,maintenance and/or replacement is resulting from the willful neglect or destruction by an Owner or such Owner's Guest, the Board of Directors shall have the riehi to charge the costs of such repair and/or replacement, to such Owner by an Individual Assessment in accordance with Paragraph 5.4(b) hereof. Determination with respect to whether or not a particular activity by occurrence shall constitute a violation of this Paragraph 11.1 shall be made by the Board of Directors and shall be final. 11.2 Maintenance of the Lots and/or Dwelling Units. Each Owner shall be responsible for the maintenance, repair and reconstruction of the exterior of such Owner's Dwelling Unit and the maintenance, repair and reconstruction of his or her Lot. In the event any Owner shall fail to maintain his or her Lot and/or Dwelling Unit in a manner satisfactory to the Board of Directors, the Board of Directors shall have the right and duty, after Notice and Hearing, to enter upon said Lot and repair, maintain, and/or reconstruct the Lot and/or Dwelling Unit. The cost of such maintenance, repair and/or reconstruction shall be chargeable to such Owner by an Individual Assessment in accordance with Paragraph 5.4(b) hereof. 11.3 Maintenance of Drainage Pattern. There shall be no interference with the established drainage pattern initially established by the Declarant over any portion of the Planned Community, except as approved in writing by the Committee. Approval shall not be granted unless provision is made for adequate alternate drainage. The "established drainage pattern" shall mean the drainage pattern which exists at the time the overall grading of any property is completed by the Declarant and shall include any established drainage pattern shown on the plans approved by the Committee. The established drainage pattern may include the drainage pattern from the Common Areas over any Lots within the Planned Community and from any Lot within the Planned Community over the Common Areas, or from any Lot over another Lot. 11 .4 Association Responsibility. The maintenance obligation on the part of the Association shall apply to such maintenance required by ordinary wear and tear and shall not apply to maintenance, repair and/or reconstruction resulting from willful neglect or destruction. In the event such repair, maintenance and/or reconstruction is resulting from the willful neglect or destruction by an Owner or such Owner's Guests, the Board of Directors shall nave the right, after Notice and Hearing, to charge the costs of such repair, maintenance and/or replacement, to such Owner by an Individual Assessment in accordance with Paragraph 5.4(b) hereof. 39— Determination of whether such repair,maintenance and/or reconstruction is the obligation of the Association and the determination of when,the magnitude and the manner of the above described maintenance, repair and/or reconstruction shall rest solely with the Board of Directors, which will also have the sole responsibility for determining the kind and type of materials used in such repair and maintenance. 11.5 Board of Directors. Access to all of the Lots within the Planned Community to perform the said repair, maintenance and/or reconstruction by the Board of Directors, its agents and employees shall be made pursuant to the maintenance easement granted in accordance with Paragraph 8.2 here.)t: 40— ARTICLE TWELVE: DEVELOPMENT RIGHTS AND SPECIAL DECLARANT RIGf-TS 12.1 Reservation. The Declarant reserves the following Development Rights and Special Declarant Rights("Declarant Rights")which may be exercised,where applicable,anywhere within the Planned Community: (a) To complete the improvements indicated on the Plat; (b) To exercise any Declarant Rights reserved herein; (c) To maintain business/sales offices,parking spaces,management offices,storage areas, nursery, construction yard, signs, advertising and model Dwelling Units; (d) To maintain signs and advertising in the Common Areas to advertise the ?tanned Community; (e) To use, and to permit others to use, easements through the Common Areas as may be reasonably necessary for construction within the Planned Community and for the purpose of discharging the Declarant's obligations under the Act and this Declaration; (0 To appoint or remove any officer of the Association or a member of the Board of Directors during of Period of Declarant Control subject to the provisions of Paragraph 4.- of this Declaration; (g) To amend the Declaration in connection with the exercise of any Declarant Rights, and (h) To exercise any other Declarant Right created by any other provisions of this Declaration. 12.2 Rights Transferable. Declarant Rights created or reserved under this Article for the: benefit of Declarant may be transferred to any Person by an instrument describing the Rights transferrer. and recorded in the records of the County Clerk and Recorder. Such instrument shall be executed by the transferor Declarant and the transferee. 12.3 Limitations. The Declarant Rights shall terminate at the option of the Declarant by its written notice to the Secretary of the Association,but in any event such Rights shall terminate without further act or deed five years after the date of the recording of this Declaration. 12.4 Interference with the Declarant Rights. Neither the Association,the Board of Directors nor any Owner may take any action or adopt any rule that will interfere with or diminish Declarant Rights without the prior written consent of the Declarant. 12.5 Use by Declarant. The exercise of the Declarant Rights by Declarant shall not unreasonably interfere with the access, enjoyment or use of any Lot by any Owner nor the access, enjoyment or use of the Common Areas; nor shall any activity be conducted which might be unsafe, unhealthy, or hazardous to any person. 41— 12.6 Models,Sales Offices and Management Offices. Subject to the limitations set forth in Paragraph 12.3 hereof, the Declarant its duly authorized agents, representatives and employees may maintain any Dwelling Unit owned by the Declarant as a model Dwelling Unit, sales, leasing or management office, to include, but not be limited to, a sales trailer. 12.7 Declarant's Easements. The Declarant reserves the right to perform warranty work, and repairs and construction work on Lots and Common Areas, to store materials in secure areas, and to control and have the right of access to work and repair until completion. All work shall be performed by the Declarant without the consent or approval of the Board of Directors. The Declarant has an easement through the Common Areas as may be reasonably necessary for the purpose of discharging the Declarant's obligations or exercising of the Declarant Rights, whether arising under the Act or reserved in this Article. 12.8 Signs and Marketing. The Declarant reserves the right for Declarant to post signs and displays on the Common Areas in order to promote sales of Lots. Declarant also reserves the right for Declarant to conduct general sales activities in a manner which will not unreasonably disturb the rights of Owners. 42— ARTICLE THIRTEEN: FIRST MORTGAGEE PROVISIONS The following provisions are for the benefit of holders, insurers, or guarantors of holders of first mortgages recorded against Lots within the Planned Community who qualify as an Eligible Mortgagee as defined by Paragraph 1.23 hereof. To the extent applicable, necessary, or proper the provisions of this ARTICLE THIRTEEN apply to both this Declaration and to the Articles and Bylaws of the Association. 13.1 Notices of Action. An Eligible Mortgagee shall be entitled to timely written notice of: (a) any material condemnation loss or any casualty loss which affects a material portion of the Planned Community or any Lot in which there is a first mortgage held, insured, or guaranteed by such Eligible Mortgagee; (b) any default in the performance by an individual Borrower of any obligation o'the Declaration not cured within sixty days; (c) any lapse, cancellation, or material modification of any mandatory insurance policy or fidelity bond maintained by the Association; (d) any proposed action which would require the consent of a specified percentap,e of Eligible Mortgagees.; and (e) any material judgment rendered against the Association. 13.2 Amendment to Documents/Special Approvals. (a) The consent of Owners to which at least eighty percent of the votes in the Association are allocated and the consent of fifty-one percent of the Eligible Mortgagees shall be required to add to or amend any material provisions of this Declaration or the Articles or Bylaws of the Association. A change to any of the following would be considered material. (i) voting rights; (ii) increase the Common Expense Assessment annually by more than 25% over the previously levied Common Expense Assessment, change the manner of the assessment liens, or the priority of the assessment liens; (iii) reduction in the reserves for maintenance, repair and replacement of the Common Areas; (iv) responsibility for maintenance and repairs; (v) right to use the Common Areas; (vi) convertibility of Lots into Common Areas or vice versa; 43— (vii) expansion or contraction of the Planned Community, or the addition, annexation or withdrawal of property to or from the Planned Community; (viii) hazard or fidelity insurance requirements; (ix) imposition of any restrictions on the leasing of Lots; (x) imposition of any restrictions on a Lot Owner's right to sell or transfer his or her Lot; (xi) restoration or repair of the Planned Community (after damage or partial condemna- tion) in a manner other than that specified in the Project Documents; (xii) any provision that expressly benefits mortgage holders, insurers or guarantors. (b) The Association may not take any of the following actions without the conseit of Owners to which at least eighty percent of the votes in the Association are allocated and the apps oval of at least fifty-one percent of the Eligible Mortgagees. (i) Reconstruct or repair the Planned Community after damage due to an insurable hazard or a partial condemnation in a manner other than specified in the Project Documents. (ii) Merge or consolidate the Planned Community with any other Planned Coma un,ty or subject it to a Master Association. Such action shall also require the written approval from the Federal Housing Administration and/or the Veterans Administration if the Planned Community has been or may be approved by such agencies. (iii) Not repair or reconstruct, in the event of substantial destruction, any part o F the Common Areas. (c) Any action to terminate the legal status of the Planned Community after substantial destruction or condemnation occurs must be agreed to by Owners to which at least eighty percent of the votes in the Association are allocated, and by fifty-one percent of the Eligible Mortgagees. (d) Any action to terminate the legal status of the Planned Community for reasons ether than substantial destruction or condemnation must be agreed to by Owners to which at least eighty percent of the votes in the Association are allocated, and b_v eighty percent of the Eligible Mortgagees. 13.3 Special FHLMC Provisions. Except as provided by statute in the case of a condemnation or a substantial loss to the Lots and/or Common Areas, unless at least two-thirds of the Eligible Mortgagees or Owners (other than the Declarant) have given their prior written approva , the Association may not: (a) by act or omission seek to abandon or terminate the Planned Community; (b) change the pro rata interest or obligations of any Lot in order to levy assessments, allocate distribution of hazard insurance proceeds or condemnation awards; 44— (c) seek to abandon, partition, subdivide, encumber, sell or transfer the Common Areas by act or omission. The granting of easements for public utilities or other public purposes consistent with the intended use of the Common Areas is not a transfer within the meaning of this Paragraph 13.3(c). (d) use hazard insurance proceeds for losses to any planned community property fer of her than the repair, replacement or reconstruction of the planned community property). 13.4 Implied Approval. Implied approval by an Eligible Mortgagee shall be assumed when an Eligible Mortgagee fails to submit a response to any written proposal for an amendment within thirty days after said Eligible Mortgagee receives proper notice of the proposal, provided this notice was delivered by certified or registered mail with return receipt requested. 13.5 Books and Records. Owners and their mortgagees shall have the right to examine the books and records of the Association at the office of the Association in accordance with the procedure set forth in the Association's Bylaws. 45— ARTICLE FOURTEEN: MANDATORY DISPUTE RESOLUTION 14.1 Statement of Clarification. Without modifying or restricting the scope of this Article and as a statement of clarification only, nothing contained in this Article is intended to prevent the parties from attempting to resolve any differences between them through the normal course of business and communications. It is only when the parties are unable to resolve their differences and they wish to proceed further through the assertion of a "Claim" as defined herein, that the Mandatory Dispute Resolution provisions contained in this Article are activated. 14.2 Alternative Method for Resolving Disputes. Declarant; the Association, its officers and directors; all Owners; design professionals; builders including any of their subcontractors and suppliers; and any Person not otherwise subject to this Declaration but who agrees to submit to this Article (each such entity being referred to as a "Bound Party"), agree to encourage the amicable resolution of disputes involving the Planned Community and all of its improvements without the emotional and financial costs of litigation. Accordingly, each Bound Party covenants and agrees to submit all Claims each may have to the procedures set forth in this ARTICLE FOURTEEN and not to a court of law. 14 3 Claims. Except as specifically excluded in this paragraph 14.3, all claims, disputes and other controversies arising out of or relating to the: (a) Contract for Sale and Purchase between Declarant and Buyer; (b) Property (as defined in said Contract) and the Dwelling Unit; (c) purchase of the Property or the Dwelling Unit; (d) interpretation, application or enforcement of this Declaration; (e) land development, design and/or construction of the improvements within the Planned Community and/or any alleged defect therein; (f) rights, obligations and duties of any Bound Party under this Declaration; Lnd,or (g) breach thereof, all of which are hereinafter referred to as a "Claim", shall be subject to and resolved by submitting the Claim to mediation and, if not resolved during mediation, shall be resolved by Mandatory Binding Arbitration all in accordance with ARTICLE FOURTEEN of this Declaration and not in a court of law. 14.4 Claims Subject to Approval. Unless Owners to whom at least eighty percent of the votes in the Association are allocated agree to the contrary, the following shall not be Claims and shall not be subject to the provisions of this ARTICLE FOURTEEN: 46- (a) any suit by the Association against any Bound Party to enforce the provisions of ARTICLE FIVE (Assessments); (b) any suit by the Association or Declarant to obtain a temporary restraining order or injunction and such other ancillary relief as the court may deem necessary in order for the Association or Declarant to act under and enforce the provisions of ARTICLE SIX (Architectural Approval/Design Review), or ARTICLE SEVEN (Land Use and Other Restrictions); (c) any suit by an Owner to challenge the-actions of Declarant, the Association, the Declarant acting as the Design Review Committee, or any other committee with respect to the enactment and application of standards or rules or the approval or disapproval of plans pursuant to the provisions of ARTICLE SIX (Architectural Approval/Design Review); (d) any suit between or among Owners, which does not include Declarant or the Association as a party; (e) any suit in which any indispensable party is not a Bound Party. 14.5 Notice of Claim Any Bound Party having a Claim ("Claimant") against any other Boand Party ("Respondent") shall submit all of their Claims by written notification delivered to each Respondent, stating plainly and concisely: (a) the nature of the Claim, including the Persons involved and Respondent's role in the Claim; (b) the legal or contractual basis of the Claim (i.e., the specific authority out o1 which the Claim arises); and (c) the specific relief and/or proposed remedy sought. 14.6 Timely Initiation. All Claims shall be.initiated by the Claimant within a reasonable time after the Claim has arisen, and in no event shall it be made after the date when institution of legal or equitable proceedings based on such Claim would be barred by the applicable statute of limitations or repose. 14.7 Right to be Heard Upon receipt of a Claim and prior to the Association or any Member asserting the Claim commencing any arbitration or judicial or administrative proceeding which may fall within the scope of this ARTICLE FOURTEEN, Declarant shall have the right to be heard by the Claimant, affected Owners, and Association in an effort to resolve the Claim. 14.8 Right to Inspect. If the Claim is based on the land development, design and/or construction of the Improvements within the Planned Community then, subject to Owner's prior written approval which shall not be unreasonably withheld. Declarant shall have the right to ac:ess the affected area at a reasonable time(s) for purposes of inspecting the condition complained of including but not be limited to, any investigative or destructive testing. 47— The Association shall have the same right to inspect for any Claims by Owner against the Association in accordance with the above. In the exercise of the inspection rights contained herein, the party causing the inspection to be made ("Inspecting Party") shall: (a) be careful to avoid any unreasonable intrusion upon, or harm, damage or cost to the other party including, without limitation, using its best efforts to avoid causing any damage to, or interference with, any improvements on the property being inspected ("Property"); (b) minimize any disruption or inconvenience to any person who occupies the Property; (c) remove daily all debris caused by the inspection and located on the Property; (d) in a reasonable and timely manner, at the Inspecting Party's sole cost and expense, promptly remove all equipment and materials from the Property and repair and replace all damage, and restore the Property to the condition of the Property as of the date of the inspection, unless the Property is to be immediately repaired. The repair, replacement and restoration work shall include, without limitation, the repair or replacement to any structures, driveways, fences, landscaping, utility lines or other improve- ments on the Property that were damaged, removed or destroyed by Inspecting Party. In the event the Inspecting Party wishes to make appropriate and necessary repairs to resolve the subject matter of the Claim, the same shall be made upon terms and conditions acceptable to all affected oacies. The Inspecting Party shall not permit any claim, lien or other encumbrance arising from the exercise of its right to inspect to accrue against or attach to the Property. The Inspecting Party shall indemnify, defend and hold harmless the owners, tenants, guests, employees and agents, against any and all liability, claims, demands, losses, costs and damages incurred, including court costs and attorney's fees, resulting from any breach of this Article by the Inspecting Party. 14.9 Good Faith Negotiations The Parties shall make every reasonable effort to meet in person and confer for the purpose of resolving the Claim by good faith negotiation. Any party may appoint a representative to assist such Party in negotiations. 14.10 Mediation If the Parties do not resolve the Claim through negotiations within thirty days after the date of submission of the Claim to Respondent(s), as may be extended upon agreement of all affected Parties, Claimant shall have 30 additional days to submit the Claim to mediation under the auspices of an independent mediation service acceptable to all parties. If Claimant does not submit the Claim to mediation within such time, or does not appear for the mediation, Claimant shall be deemed to have waived the Claim, and all Respondent(s) shall be released and discharged from any and all liability to Claimant on account of such Claim. (a) Any settlement of the Claim through mediation shall be documented in writing by the mediator and signed by the Parties. 48— (b) If the Parties do not settle the Claim within 30 days after submission of the matter to the mediation, or within such other time as determined by the mediator or agreed to by the Parties, the mediator shall issue a notice of termination of the mediation proceedings ("Termination of Mediation"). The Termination of Mediation notice shall set forth that the Parties are at an impasse and the date that mediation was terminated. (c) Within ten days after issuance of a Termination of Mediation, the Claimant shall make a final written Settlement Demand to the Respondent(s), and the Respondent(s) shall make a final written Settlement Offer to the Claimant. If the Claimant fails to make a Settlement Demand, Claimant's original Claim shall constitute the Settlement Demand. If the Respondent(s) fail to make a Settlement Offer, Respondent(s) shall be deemed to have made a "zero" or "take nothing" Settlement Offer. (d) Each Party shall bear its own costs, including attorney's fees, and each Parr/ shall share equally all charges rendered by the mediator(s) and all filing fees and costs of conducting the mediation proceeding. (e) If the Parties agree to a resolution of any Claim through negotiation or mediation in accordance with this ARTICLE FOURTEEN and any Party thereafter fails to abide by the terms of such agreement, then any other Affected Party may file suit or initiate administrative proceedings to enforce such agreement without the need to again comply with the procedures set forth in i-hts ARTICLE FOURTEEN. In such event, the Party taking action to enforce the agreement snail be entitled to recover from the non-complying Party all costs incurred in enforcing such agreement, including, without limitation, attorney's fees and court costs. 14.11 Consensus for Association Arbitration or Litigation. Except as provided in this ARTICLE FOURTEEN, the Association shall not commence any arbitration or a judicial or administrative proceeding unless Owners to which at least eighty percent of the votes in the Association are allocated agree to such proceedings. This Paragraph 14. 11 shall not apply, however, to: (a) actions brought by the Association or Declarant to enforce the terms of this Declaration (including, without limitation, the foreclosure of liens); (b) the imposition and collection of Assessments, Fines, costs and attorney fees, or other specific amounts due under the Declaration; or (c) counterclaims brought by the Association in proceedings instituted against it. 14.12 Arbitration. If the Parties do not reach a settlement of the Claim within 15 days after issuance of any Termination of Mediation and reduce the same to writing, the Claimant shall have 15 additional days to submit the Claim to binding arbitration in accordance with the Arbitration Procedures contained in Exhibit D hereof and deliver an Arbitration Notice to all Respondent(s). 49— (a) The parties agree that where any Claim, dispute or other controversy existing between them is submitted to arbitration, and any other Bound Party may have liability with respect thereto, all parties including any third parties agree that the third parties may be joined as additional parties in the arbitration, or if a separate arbitration exists or is separately initiated, to the consolidation of all arbitrations. It is the intent of the parties to resolve all rights and obligations of all interested parties at one time in one forum rather than in multiple proceedings. (b) If the Claim(s) are not timely submitted to arbitration or if the Claimant tails to appear for the arbitration proceeding, the Claims shall be deemed abandoned, and Respondent(s) shall be released and discharged from any and all liability to Claimant arising out of such Claims. (c) The award rendered by the arbitrator shall be final and binding, may be tiled with any court of competent jurisdiction in accordance with applicable law and judgment obtained thereon, and execution may issue. The party seeking enforcement shall be entitled to all reasonable attorney's fees and costs incurred in the enforcement of the award. (d) The Arbitrator shall have authority, in the sound exercise of discretion, to awird the prevailing party such party's costs and expenses, including reasonable attorney's fees. (e) The Association or the Owner shall notify the Declarant prior to retaining any person or entity as an expert witness for purposes of any arbitration or authorized litigation. 14.13 Binding Effect This ARTICLE FOURTEEN and the obligation to arbitrate shall he specifically enforceable under the applicable arbitration laws of the State of Colorado. The arbitration award shall be final and binding, and judgment may be entered upon it in any court of competent jurisdiction to the fullest extent permitted under the laws of the State of Colorado. 14.14 Amendment. This ARTICLE FOURTEEN shall not be amended unless such amendment is approved by Owners to whom at least eighty percent of the votes in the Association are allocated. 50- ARTICLE FIFTEEN: DURATION,AMENDMENT AND TERMINATION OF THE DECLARA- TION 15.1. Duration. The covenants,restrictions and obligations of this Declaration shall run with and bind the land in perpetuity until this Declaration is terminated in accordance with Paragraph 15 6 herein. 15.2 Amendments by Owners. Except as permitted in Paragraph 16.5 hereof, and except in cases of amendments which may be executed by the Declarant pursuant to Paragraph 15.5 hereof, and except as restricted by Paragraphs 13.2, 13.3 and 15.6 hereof, this Declaration may be amended by a written agreement by Owners to which at least eighty percent of the votes in the Association are allocal ed; provided, however, an amendment may not: (a) decrease or increase Special Declarant Rights; (b) increase the number of Lots; (c) change the use to which a Lot is restricted; or (d) change the Allocated interests of a Lot, except by the unanimous consent of the Owners. Any such amendment shall be effective upon the recording of the amendment together with a notarized Certificate of the Secretary of the Association certifying that the requisite number of Owners and Eligible Mortgagees,if required,have given their written consent to the amendment. The Secretary shall further certify that originals of such written consents by Owners and Eligible Mortgagees, as applicable, along with the recorded amendment, are in the records of the Association and available for inspection. Each amendment to the Declaration must be recorded in the Office of the County Clerk and Recorder. All signatures shall be irrevocable even upon the death of an Owner or the conveyance of the Lot, except that if an amendment is not recorded within three years of the date of signature, ther the executing Owner or their successor or assigns may revoke their signature by a written and notarized document delivered to the Secretary of the Association. Signatures need not be notarized. Amendments can be executed in counterparts, provided that such recorded document shall also contain a certification of the Secretary of the Association that all counterparts, as executed. are part of the whole. No action shall be commenced or maintained to challenge the validity of any aspec: of any amendment of the Association's Declaration, Articles of Incorporation or Bylaws unless it is commenced within one year from the date of the recording of the said amendment, unless fraud or willful negligence is asserted and proven. 15.3 FHA/VA Approval. If the Planned Community has been or may be approved by the Federal Housing Administration and/or the Veterans Administration, then until the termination of the Penod of Declarant Control hereof, the following actions will require the prior approval of the Federal Housing Administration and/or the Veterans Administration: annexation of additional properties, amendment of tins Declaration and the assessment of a Special Assessment. 15.4 Consent of Eligible Mortgagees. Amendments may be subject to the consent requiremerts of Eligible Mortgagees as more fully set forth in ARTICLE THIRTEEN hereof. 51— 15.5 Amendments by Declarant. Declarant reserves the right to amend, without the consent of Owners or Eligible Mortgagees, this Declaration, the Association's Articles of Incorporation or Bylaws, any time within the limitations set forth in Paragraph 12.3 hereof, as follows: (a) To make nonmaterial changes, such as the correction of a technical, c.erical, grammatical or typographical error or clarification of a statement. (b) To comply with any requirements of any of the Agencies or to induce any of the Agencies to make, purchase, sell, insure or guarantee First Mortgages. (c) To comply with any requirements of the Act. 15.5 Consent of Declarant Required. Notwithstanding any other provision in this Declaration to the contrary, any proposed amendment of any provision of this Declaration shall not be effective unless Declarant has given its written consent to such amendment. The foregoing requirement for consent of Declarant to any amendment shall terminate at the option ofthe Declarant by its written notice to the Secretary of the Association,but in any event,shall terminate without further act or deed in accordance with the limitations set forth in Paragraph ' 2.3 hereof. 15.7 Termination. The Planned Community may be terminated only in accordance with Paragraph 13.2(c) and(d) hereof. The proceeds of any sale of real estate together with the assets of the Association shall be'ield by the Association as trustee for Owners and holders of liens upon the Lots as their interests may appear, as more fully set forth in § 38-33.3-218 of the Act. 52— ARTICLE SIXTEEN: GENERAL PROVISIONS 16.1 Right of Action. Subject to the provisions of ARTICLE FOURTEEN hereof, the Association and any aggrieved Owner shall have an appropriate right of action against an Owner for such Owner's failure to comply with this Declaration, the Articles of Incorporation and Bylaws of the Association, the Rules and Regulations of the Association or with decisions of the Board of Directors which are made pursuant thereto. Owners shall have a similar right of action against the Association. 16.2 Successors and Assigns. This Declaration shall be binding upon and shall inure to the benefit of the Declarant,the Association and each Owner and their heirs,personal representatives,successors and assigns. 16.3 Severability. Any portion of this Declaration invalidated in any manner whatsoever shall pot be deemed to affect in any manner the validity, enforceability or effect of the remainder of this Declaration, and in such event, all of the other provisions of this Declaration shall continue in Atli force and effect as if such invalid provision had never been included herein. 16.4 No Waiver. No provision contained in this Declaration shall be deemed to have been abrogated or waived by reason of any failure to enforce the same, irrespective of the number of violations or breaches which may occur. 16.5 Registration by Owner of Mailing Address. Each Owner shall register his or her mailing address with the Association, and except for monthly statements and other routine notices, which shat he personally delivered or sent by regular mail, all other notices or demands intended to be served upon an Owner shall be delivered personally or sent by either registered or certified mail,postage prepaid, addressed in the name of the Owner at such registered mailing address. All notices, demands or other notices intended to be served upon the Board of Direc tors of the Association or the Association shall be sent by certified mail,postage prepaid,to Donald LLF aver, 2185 Pinedrop Ln., Golden, CO 80401, Registered Agent for the Association until the Registered Agent is changed by a notice duly filed with the Office of the Secretary of State of Colorado (Change of Registered Agent). 16.6 Conflict. The Project Documents are intended to comply with the requirements of th.e Act and the Colorado Revised Nonprofit Corporation Act. If there is any conflict between the said Documents and the provisions of the statutes, the provisions of the statutes shall control. In the event of any conflict between this Declaration and any other Project Documents, this Declaration shall cunt-ol. 16.7 Mergers. The Planned Community may be merged or consolidated with another Alarmed community of the same form of ownership by complying with § 38-33.3-221 of the Act. 16.7 Captions. The captions and headings in this Declaration are for Convenience only, and shal not be considered in construing any provision of this Declaration. 53— 16.10 Numbers and Genders. Whenever used herein, unless the context shall otherwise provide, the singular number shall include the plural,plural the singular, and the use of any gender shall include all genders. IN WITNESS WHEREOF, the Declarant has caused this Declaration to be executed his day of , 2000. REFLECTION BAY, LIMITED LIABILITY COMPANY, a Colorado Limited Liability Company By: , Manager STATE OF COLORADO SS. COUNTY OF The foregoing instrument was acknowledged before me this day of 2000 by , as Manager of REFLECTION BAY LIMITED LIABILITY COMPANY, a Colorado Limited Liability Company. My commission expires: WITNESS my hand and official seal. Notary Public 54— EXHIBIT A TO THE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF REFLECTION BAY LEGAL DESCRIPTION OF THE REAL PROPERTY SUBMITTED TO THE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF REFLECTION BAY (FIRST PHASE) TO BE SUPPLIED EXHIBIT B TO THE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF REFLECTION BAY LEGAL DESCRIPTION OF THE COMMON AREAS SUBMITTED TO THE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF REFLECTION BAY (FIRST PHASE) [TO BE SUPPLIED] EXHIBIT C TO THE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF REFLECTION BAY THE RECORDING DATA FOR RECORDED EASEMENTS AND LICENSES WHICH THE PLANNED COMMUNITY IS OR MAY BECOME SUBJECT TO: 1. All easements as contained in ARTICLE EIGHT hereof. TO BE SUPPLIED All recordings are in the records of the Clerk and Recorder's Office, Weld County, Colorado. EXHIBIT D TO THE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF REFLECTION BAY ARBITRATION PROCEDURES 1. All Claims subject to arbitration shall be decided by a single private party arbitrator to be appointed by the parties. 2. If the parties are unable to agree upon an Arbitrator within 30 days from the date of the Arbitration Notice, the presiding judge of the District Court in which the Planned Community is located shall appoint a qualified arbitrator upon application of a party. 3. No person shall serve as the arbitrator where that person has any financial or personal interest in the result of the arbitration or any family, social or significant professional acquaintance with any other party to the arbitration. Any person designated as an arbitrator shall inunediately disclose in writing to all Parties any circumstance likely to affect the appearance of impartiality, including any bias or financial or personal interest in the outcome of the arbitration ("Arbitrator Disclosure"). If any Party objects to the service of any arbitrator within 14 days alter receipt of that Arbitrator's Disclosure, such arbitrator shall be replaced in the same manner in which that arbitrator was selected. 4. The Arbitrator shall fix the date, time and place for the hearing. The arbitration proceedings shall be conducted in the County in which the Planned Community is located unless otherwise agreed by the Parties. 5. Except as modified herein the arbitration shall be conducted pursuant to the then current Construction Industry Rules of Arbitration of the American Arbitration Associatior,to the extent applicable, but shall not be conducted or administered by the American Arbitration Association. 6. No formal discovery shall be conducted in the absence of an order of the Arbitrator or express written agreement among all the Parties. 7. Unless directed by the Arbitrator, there will be no post-hearing briefs. 8. The Arbitration Award shall address each specific Claim to be resolved in the arbitration, provide a summary of the reasons therefore and the relief granted, and be rendered promptly after the close of the hearing and no later than 14 days from the close of the hearing, unless otherwise agreed by the Parties. The Award shall be in writing and shall be signed by the Arbitrator. 9. The Arbitrator shall have authority, in the sound exercise of discretion, to award the prevailing party such party's costs and expenses, including reasonable attorney's fee:. DonA 1 ,.f I Report Date: 09/08/2000 04:07PM WELD COUNTY TREASURER Page: 1 STATEMENT OF TAXES DUE SCHEDULE NO: R5651286 ASSESSED TO: WILLIAMS LESLIE J JR & 8876 ROGERS RD LONGMONT, CO 80501 LEGAL DESCRIPTION: 25250-H SW4SW4 29 2 68 (1R) PARCEL: 131329000073 SITUS ADD: TAX YEAR CHARGE TAX AMOUNT INTEREST FEES PAID TOTAL DUE 1999 TAX 80.42 0.00 0.00 80.42 0.00 TOTAL TAXES 0.00 GRAND TOTAL DUE GOOD THROUGH 09/08/2000 0.00 ORIGINAL TAX BILLING FOR 1999 TAX DISTRICT 1303 - Authority Mill Levy Amount Values Actual Assessed WELD COUNTY 22.038 22.49 Land 3,510 1,020 SCHOOL DIST RE1J 44.096 44.98 Exempt 0 0 NCW WATER 1.000 1.02 Improve 0 0 LEFT HAND WATER 0.000 0.00 MTN VIEW FIRE(BOND 0.634 0.65 Total 3,510 1,020 WELD LIBRARY 3.249 3.31 MOUNTAIN VIEW FIRE 7.817 7.97 78.834 80.42 - TAXES FOR 1999 ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY AND MOBILE HOMES-AUGUST 1, REAL PROPERTY-AUGUST ]. TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIERS CHECK. P.O. Box 458 Greeley, CO 80632 (970) 353-3845 ext. 3290 WELD COUNTY TREASURER Pursuant to the Weld County Subdivision Ordinance, the attached Statement(s) of Taxes Due, issued by the Weld County Treasurer, are evidence that, as of this date, all property taxes, special assessments and prior tax liens currently due and payable connected with the parcel(s) identified the in have been paid in full. X-8-06 Signed Date: REFERRAL LIST NAME: Don Lafaver/Reflection Bay CASE NUMBER: S-557 REFERRALS SENT: September 14, 2000 REFERRALS TO BE RECEIVED BY: October 9, 2000 COUNTY TOWNS and CITIES _Attorney __Ault _X Health Department __Brighton Extension Service Broomfield Emergency Management Office _X__Dacono X_Sheriffs Office Eaton _X Public Works Erie Housing Authority __Evans _X Assessor Office X Firestone _X Building Inspection __Fort Lupton _X_Code Enforcement _X_Frederick STATE Garden City Division of Water Resources Gilcrest _X Geological Survey Greeley Department of Health Grover Department of Transportation Hudson Historical Society __Johnstown X_Water Conservation Board __Keenesburg Oil and Gas Conservation Commission __Kersey Division of Wildlife: LaSalle X Loveland Lochbuie Greeley _Longmont Division of Minerals/Geology Mead FIRE DISTRICTS Milliken Ault F-1 __New Raymer Berthoud F-2 __Northglenn .Briggsdale F-24 Nunn Brighton F-3 __Pierce Eaton F-4 Platteville Fort Lupton F-5 Severance Galeton F-6 __Thornton Hudson F-7 ___Windsor .Johnstown F-8 La Salle F-9 X Mountain View F-10 COUNTIES Milliken F-11 __Adams _Nunn F-12 _X Boulder Pawnee F-22 __Larimer Platteville F-13 Platte Valley F-14 FEDERAL GOVERNMENT AGENCIES Poudre Valley F-15 _X US Army Corps of Engineers Raymer F-2 __USDA-APHIS Veterinary Service _Southeast Weld F-16 Federal Aviation Administration Windsor/Severance F-17 __Federal Communication Commission Wiggins F-18 Union Colony F-20 SOIL CONSERVATION DISTRICTS Brighton OTHER Fort Collins _X School District RE-1J __Greeley Ditch Company _) Longmont West Adams COMMISSION/BOARD MEMBER a Weld County Referral 0 September 14, 2000 • COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Don Lafaver/ Reflection Bay Case Number S-557 Please Reply By October 9, 2000 Planner Julie Chester Project Final Plan, Administrative Review Legal Part of the SW4/SW4 of Section 29. Township North, Range 68 West of the 6th P.M., Weld County, Colorado. Location West of and adjacent to WCR 3 1/4, north of SH 52 Parcel Number 1313 29 000073 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Weld County Planning Commission Hearing (if applicable) ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan U We have reviewed the request and find no conflicts with our interests. U See attached letter. Comments: Signature Date Agency +Weld County Planning Dept. 41555 N. 17th Ave. Greeley, CO. 80631 •'(970)353-6100 ext.3540 +(970)304-6498 fax a DEPARTMENT OF PLANNING SERVICES PHONE (970) 353-6100, EXT.3540 (it FAX (970) 304-64i i8 N.1555 N. 17TH AVEiNL E GREELEY, COLORADO 806: 1 III C. COLORADO September 14, 2000 Donald Lafaver 2185 Pine Drop Ln. Golden, CO 80401 Subject: S-557- Request for approval of a Final Plan, Administrative Review on a parcel of land described as Part of the SW4/SW4 of Section 29, Township North, Range 68 West of the 6th P.M., Weld County, Colorado. Dear Mr. Lafaver: Your application and related materials for the request described above are complete and in order at tie present time. I have scheduled a meeting with the Weld County Utilities Advisory Committee for Thursday, September 28, 2000, at 10:00 a.m. This meeting will take place in the Weld County Planning Department, Room 210, 1555 N. 17th Avenue, Greeley, Colorado. It is the policy of Weld County to refer an application of this nature to any town or municipality lying within three miles of the property in question or if the property under consideration is located within tie comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of tie submitted materials to the Dacono, Firestone, and Frederick Planning Commissions for their review and comments. Please call the City of Dacono at 303-833-2317, the Town of Firestone at 303-833-3291, and the Town of Frederick at 303-833-2388, for information regarding the date, time and place of these meetings and the review process. It is recommended that you and/or a representative be in attendance at each of the meetings described above in order to answer any questions that might arise with respect to your application. If you have any questions concerning this matter, please feel free to call me. cr_Smcerel Julie Chester Planner Itt Weld County Referral 0 September 14, 2000 • COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Don Lefever/ Reflection Bay Case Number S-557 _— Please Reply By October 9, 2000 Planner Julie Chester Project Final Plan, Administrative Review Legal Part of the SW4/SW4 of Section 29, Township North, Range 68 West of the 6th 3 P.M., Weld County, Colorado. Location West of and adjacent to WCR 3 1/4, north of SH 52 —� Parcel Number 1313 29 000073 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Weld County Planning Commission Hearing (if applicable) ❑ „We have reviewed the request and find that it does/does not comply with our Comprehensive Plan la We have reviewed the request and find no conflicts with our interests. ❑ See attached letter. Comments: �L—� p PC—Pt—nit F11 um 2 £-≤ — Date 94/Ioa Signature 6:1 —_ Agency •Wield County Planning Dept. 41555 N. 17th Ave. Greeley,CO.80631 4(970)353-6100 ext.3540 4(970)304-6498 tax v/Old County Planning Dept.. - ' a c 13 /0 i . ; C) r. 1 + 2000 eld Count Referral RECEIVEW Y O September 14, 2000 • COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Don Lefever/ Reflection Bay Case Number S-557 Please Reply By October 9, 2000 Planner Julie Chester Project Final Plan, Administrative Review Legal Part of the SW4/SW4 of Section 29. Township North, Range 68 West of the 6th P.M., Weld County, Colorado. Location West of and adjacent to WCR 3 1/4, north of SH 52 Parcel Number 1313 29 000073 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we nay give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Weld County Planning Commission Hearing (if applicable) Li We have reviewed the request and find that it does/does not comply with our Comprehensive Plan ❑ We have reviewed the request and find no conflicts with our interests. ❑ See attached letter. Comments: Al 0- Y-e-f e-.-1-1--1 l C1 Q�< Cr,�o . w-e-t._ -Leo. Signature / {. � Date fa // � Agency /g- C 0-t.Ira-I_ S.Y.1"' 7 +Weld County Planning Dept. 41555 N. 17th Ave. Greeley,CO.80631 4(970)353-6100 ext.3540 (970)304-6498,ax a WeldCounty Referral 0 September 14, 2000 • COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Don Lefever/ Reflection Bay Case Number S-557 — — Please Reply By October 9, 2000 Planner Julie Chester Project Final Plan, Administrative Review Legal Part of the SW4/SW4 of Section 29, Township North, Range 68 West of the 6tl- I P.M., Weld County, Colorado. Location West of and adjacent to WCR 3 1/4, north of SH 52 1 —1 Parcel Number 1313 29 000073 mar The application is submitted to you for review and recommendation. Any comments or recommendatior you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Weld County Planning Commission Hearing (if applicable) --_ ❑ We have reviewed the request and find that it does 7 does not comply with our Comprehensive Pan 0 We have reviewed the request and find no conflicts with our interests. U See attached letter. Comments: UPpY1 k.{itiAn J\ (-Lmarch Ob in(u'q 1 and (-6(Y) i` fir CYO 0s9 c v 1/46 CPJ 2€M •-rs urd qty d OA #-I"1t Q 1 nve. revitt oy o_D Signature Date 0ig-110..1 • Agency t�t ., )W r( - +weld County Planning Dept. 4.1555 N. 17th Ave. Greeley, CO. 80631 4(970)353-6100 ext.3540 :•(970)304-6498 fax f y S. if.j i!-f....€ _7 (ft .--- --4,t o %ez/ziz, A.0071.€ E_ l/i - �/ i C'( q- ,(_-L.y t-J -C--e (C I et,-, 6 r t,'h 2 , -_ /-S-1c, ., ,y/ -c->. /1 r' L / �L L . IS 7iY ,,. / � �a {�_e_j2Y,c, C /z-t / ? c 2 �� UU �� • ^'� - /7_ ,U C./LA__ �; /_e 4-)4ti24r- l9 . 9 , (,,,t,,,„„...,)<,_ J / LI , -4--coev- �S (1_7--)ifte),L) _c_ Its-t-0--"1 5 MEMORANDUM TO: Julie Chester, Lead Planner DATE: October 12 Y000 FROM: Diane Houghtaling, P.E., Traffic Engineer x,11 A •C SUBJECT: S-557: Reflection Bay PUD COLORADO The Weld County Public Works Department has reviewed this PUD Final Plan request. COMMENTS: External Roadways: WCR 3-1/4 is designated as a loca: roadway. The required dedication is or. the >lat A landscaping in the intersection sight distance triangles must be less than 3.5 feet high at maturity Internal Roadways: All PUD roadways are paved. The right-of-way for internal roadways must be de l':atecc. the County. Stop signs and street name signs will be required at all intersections. The profile of the entranc roadway is not acceptable. Intersections require a continuation of the two percent cross slope fo! a minimum. 20 feet past the right-of-way line. The edge of pavement shall be rounced at the cul-de-sac. Storm Water: The grading plan does not accurately reflect the cross slope of the internal roadwe y V\hat is 1:h depth of the existing irrigation pipe? Calculations need to be provided to verify the size of driveway culvert! Section 10.13,4.1 lists the requirements for detention in the County. The engineer will neec to resubmi': th : drainage study. Improvement Agreement: See memo by Donald Carroll RECOMMENDATION: Approval DEVELOPMENT CONDITIONS (If Approved): ▪ Typical sections for the internal and external roadways shall be provided. The edge of pavement shall 'u rounded at the cul-de-sacs. The profile for the entrance road shall be adjusted. A stop sign and street name sign shall be placed at all intersections. 7 Landscaping within the intersection sight distance triangle shall be less than 3.5 feet at rnswrit ▪ The drainage study shall be revised and resubmitted for review.. If you have any questions, please call. pc: S-557 WCR 3.25 M:\WPFI DES\diane\DEVELOPMENT\s-557.wpd if &it divi'4Ipti RECEIVED Weld County Re id f" PURLIC WORK:. 0 September 14, 2000 • COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Don Lefever/ Reflection Bay Case Number S-557 Please Reply By October 9, 2000 Planner Julie Chester __ I Project Final Plan, Administrative Review Legal Part of the SW4/SW4 of Section 29. Township North, Range 68 West of the 6th P.M., Weld County, Colorado. Location West of and adjacent to WCR 3 1/4, north of SH 52 Parcel Number 1313 29 000073 daSti The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we nay give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Weld County Planning Commission Hearing (if applicable) U We have reviewed the request and find that it does/does not comply with our Comprehensive Plan ❑ We have reviewed the request and find no conflicts with our interests. U See attached letter. Comments: Signature Date Agency +Weld County Planning Dept. +1555 N. 17th Ave. Greeley,CO.80631 4(970)353-6100 ext.3540 +(970)304-6498`ax Oct- 12-00 12 : 50P Colo Geo Survey 37-$3662461 P . 01 Kit ar;;;\\ Weld County Referral C. September 14, 2000 COLORADO The Weld County Department of Planning Services has received the following item for review: • Applicant Don Lefever/ Reflection Bay Case Number S-557 Please Reply By October 9, 2000 Planner Julie Chester Project Final Plan, Administrative Review Legal Part of the SW4/SW4 of Section 29, Township North, Range 68 West of the 6th P.M., Weld County, Colorado. - -1 Location West of and adjacent to WCR 3 1/4, north of SH 52 Parcel Number 1313 29 000073 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. VVeld County Planning Commission Hearing (if applicable) ❑ We have reviewed the request and find that it does does not comply with our Comprehensive Plan U We have reviewed the request and find no conflicts with our interests. ❑ See attached letter. Comments: No- -411, Signature Date f6 y Agency Coc. .- -t 'Weld County Planning Dept. +1555 N. 17th Ave. Greeley, co. 80631 t(970)353-6100 ext.3540 t(970)304-6498`ax St. Vrain Valley School District RE-1J 395 South Pratt Parkway • Longmont • CO • 80501-6499 Cow, 303-776-6200/449-4978 • FAX 303-682-^343 October 3, 2000 y pi`0fi111g Cep. Julie Chester C ) I U 2jQ00 Weld County Department of PlanningServices 1400 N. 17th Ave. ') o Greeley, Co 80631 L # 4 r f' RE: Reflection Bay Subdivision PUD Final Plan (Part of the SW1/4 Sec 29, T2N, R68W) Dear Julie: Thank you for referring the Reflection Bay Subdivision to the School District. The projected student impact upon the St. Vrain Valley School District of 5 single family units on 40 acres is a total of 4 students. Any students living in this subdivision would attend Erie Elementary School and Erie Middle /High School under thsa present school boundaries. However, due to potential growth in these schools this development ano other existing developments in this feeder could be placed in another attendance area in the future. Bus transportation would likely be required. This Proposed Development Cumulative impact of this Development Plus all Final Development Plans 1995-44 Building Sept. 00 Student Projected Over Proj. Stdnts Total Cum. Seats Available Capacity Enrollment Impact Enrollment Capacity 95-00 plans Enrollment W/Cum. Impact Elementary 432 470 2 472 Yes 592 1064 -632 Senior 673 537 2 539 No 416 955 -282 4 1008 -914 _ The District is on record as not opposing growth so long as the growth is planned and is manageable from a student enrollment stand point. While this development does not impact the middle/senior school capacity. the elementary is already over capacity. In addition, there are other approved developments in these attendance areas which will, together with this proposal, have a significant cumulative impact on these schools. As the volume of developments increases in this attendance area with no alleviation of the existing overcrowded conditions. the ability to provide the same quality education for these new sludentc that is provided students in other areas becomes increasingly difficult. Therefore, the District would oppose this lard use amendment because it would add to the enrollment of an already overcrowded school. Should this proposal be considered for approval, the District would request the cooperation and participation of the developer and County in working towards mitigating the impacts on the schools. This mitigation would include the calculation and payment of an appropriate cash in-lieu of land dedication fee to address the capacity concerns and the need for future school sites (per the attached chart). Please let me know if you have any further questions. Sincerely, 74 S tt Toillion, AICP Planning Specialist "Excellence - Our Only Option" Exhibit A School Planning Reflection Bay Standards And Calculation of In Lieu Fees Single Family School Planning Standards Number Projected Student Site Size Acres of Developed Of Student Facility Standard Land Land Cash-in-lieu Units Yield Standard Acres Contribution Value Contribution Elementary 5 0.35 525 10 0.03 $25,100 1 .75 Middle Level 5 0.14 750 25 0.02 $25,100 0.7 High School 5 0.17 1200 40 0.03 $25,100 0.85 Total 3.3 0.09 $25,100 $2,134 Single Family Student Yield is .66 $427 Per Unit 10/4/00 VEINED !� �a r a .t. Co.78, Pi_;rtiiiog lq_ 2 5 20110 41, 2OO�J Fri: � .. Weld County Referral C. September 14, 2000 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Don Lefever I Reflection Bay Case Number S-557 Please Reply By October 9, 2000 Planner Julie Chester Project Final Plan, Administrative Review Legal Part of the SW4/SW4 of Section 29, Township North, Range 68 West of the 6th P.M., Weld County, Colorado. Location West of and adjacent to WCR 3 1/4, north of SH 52 Parcel Number 1313 29 000073 __The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Weld County Planning Commission Hearing (if applicable) ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan ❑ We have reviewed the request and find no conflicts with our interests. ❑ See attached letter. -- Comments: -- Signature C-' i Jo\ Date \U _ -co Agency `(\1\ A)i C ' � LT :•Weld County Planning Dept. •x1555 N. 17th Ave. Greeley,CO. 80631 -:-(970)353-6100 ext.3540 ->(970)304-6498 fax ouNTA/N MOUNTAIN VIEW FIRE PROTECTION DISTRICT a Administrative Office: .tf"'�- fA' c 9119 County Line Road•Longmont, CO 80501 F ;��i. F (303) 772-0710• FAX (303)651-7702 .,r VIEW October 5, 2000 Ms. Julie Chester Weld County Planning Department 1555 North 17th Avenue Greeley, CO 80631 Dear Ms. Chester: I have reviewed the submitted material and pertaining to the final plan for the Reflection Bay Subdivision, located west and adjacent to Weld County Road 3.25 and north of State Highway 52 (Case Number: S-557). Based on my review, I have the following comments: • Construction plans for the utilities showing the location of fire hydrants, the size of water maths and available fire flows must be submitted to the Fire District for review and approval prior to construction of the streets. Fire hydrants shall be spaced along fire apparatus access roads so that spacing between hydrants does not exceed 500 feet and a hydrant is located within 250 feet of the front property line of all lots. A minimum fire flow of 1,000 gallons per minute, measured at a residual pressure or 20 pounds per square inch, is required for one- and two-family dwellings not exceeding 3,600 gross square feet. Larger residences require a minimum fire flow of 1,750 gallons per minute and may require more depending on the building size and type of construction as per Appendix III-A of the Uniform Fire Code. The installation fire hydrants, water mains and access roads is required to parallel construction and storage of combustible materials on site. • Fire apparatus access roads must be designed and maintained to support the imposed loads of fire apparatus (60,000 pounds) and must have a surface that provides all-weather driving capabilities. Access roads shall be maintained when building construction begins. • Street intersections must be marked with signs showing the street name and address range when building construction begins. If non-standard street signs are used, the Fire District respectfully requests to comment with regard to sign visibility. • All single-family residences shall have a legible address that is clearly visible from the sleet fronting the property. Staton 1 Station 2 Station 3 Station 4 Station 5 Station 6 Station 7 9119 Cnty Line Rd. 10971 WCR 13 P.O.Box 575 P.O.Box 11 10911 Dobbin Run P.O.Box 666 P.0 Box 40 Longmont.CO Longmont,CO 299 Partner Ave. 8500 Niwot Roao Lafayette.CO 600 Briggs 100 So Forest St ..,.,. �.,.. oven en Anti, ux.,nn nn An544 90026 Erie.CO 80516 Decors).CO 6051 Ms. Julie Chester October 5, 2000 Page Two • As soon as the final plat is approved, the applicant must provide to the Fire District an eight and one half by eleven inch map of the subdivision showing the street configuration, street names,hydrant locations and addresses of the lots. Nothing in this review is intended to authorize or approve of any aspect of this project that does not comply with all applicable codes and standards. We appreciate being involved in the planning process. Should you have any questions,please contact me at(303) 772-0710. Sincerely, \� �c ice" �,A LuAnn Penfold Fire Marshal LMP/lp cc: Don Lafaver, 2185 Pinedrop Lane, Golden, CO 80401 project file file 'p10.12.00 (7.-Thr - t. o, n Referral I�II�a+/dl„ ty e :,- ; o,. ;.uuu WI I g C. September 14, 2000 COLORADO RECEIVED The Weld County Department of Planning Services has received the following item for review: Applicant Don Lefever/ Reflection Bay Case Number S-557 Please Reply By October 9, 2000 Planner Julie Chester it;1 Project Final Plan, Administrative Review Legal Part of the SW4/SW4 of Section 29, Township North, Range 68 West of the P.M., Weld County, Colorado. Location West of and adjacent to WCR 3 1/4, north of SH 52 Parcel Number 1313 29 000073 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date -nay be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Weld County Planning Commission Hearing (if applicable) --_ ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan We have reviewed the request and find no conflicts with our interests. ❑ See attached letter. Comments: _-- Signature (ir. (eta Date 0 - T-06 9a —_ Agency (.Veld (wwiq t eri tt s 0 Frn tce • • • •:Weld County Planning Dept. +1555 N. 17th Ave. Greeley, CO.80631 4(970)353-6100 ext.3540 4(970)304-6495 fa:: / ,/ i Hello