HomeMy WebLinkAbout20002226.tiff DECLARATION OF COVENANTS FOR
BEEBE DRAW FARMS AND EQUESTRIAN CENTER, FIRST FILING
THIS DECLARATION is executed this 27th day of January, 1999, by REI LIMITED
LIABILITY COMPANY.. a Wyoming limited liability company, doing business in Colorado as
INVESTORS LIMITED LIABILITY COMPANY ("Declarant"), and BEEBE DRAW FARMS
METROPOLITAN DISTRICT, a Colorado special district (the "District"), for the purpose of
affirming the District's rights under Article 5. The Declarant, being the owner of the following-
described real property located in the County of Weld, State of Colorado:
Lots 1 to 188, inclusive, Replat of Beebe Draw Farms and Equestrian Center
First Filing, according to the recorded plat thereof, Weld County, Colorado;
for the purpose promoting and enhancing the value, desirability and attractiveness of the
community and maintaining the community in a higher standard than usual, does hereby
DECLARE that such property and all improvements thereon shall be held and conveyed subject
to the following terms, covenants, restrictions and conditions:
ARTICLE 1
RESTATEMENT OF PRIOR COVENANTS
Declarants predecessors in interest previously recorded Declarations of Covenants in
the Records (as hereafter defined) burdening a portion of the Property, as follows: December
31. 1985, under R eception No. 02037656 in Book 1097; March 3, 1988, under Reception No.
02132909 in Book 1187, and May 25, 1989, under Reception No. 02180722 in Book 1233 (the
"Prior Declarations"). This Declaration does hereby and when recorded in the Records shall
amend, restate, and supersede in full the Prior Declarations.
ARTICLE 2
EXEMPTION FROM COLORADO COMMON INTEREST OWNERSHIP ACT
Declarant hereby affirmatively states that at no time shall the annual assessment
imposed herein on each Lot or ownership parcel (exclusive of optional user fees and insurance
premiums paid by the Association, if any, and specifically excluding assessments, rates, fees,
or charges imposed by the District (as hereafter defined), which shall not be limited by any
provision of this Declaration) exceed four hundred dollars, or such higher amount as may be
hereafter permitted under the Act(as hereafter defined)to retain this exemption.Therefore, the
Property is subject to H38-33.3-105 through 107. C.R.S., but is not subject to the remainder
of the provisions cfthe Colorado Common Interest Ownership Act. as setforth in§38-35.3-101.
et seq., C.R.S. (the "Act").
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2000-2226
ARTICLE 14 - OPEN MEETINGS 21
14.1 Access . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
14.2 Notice 21
14.3 Executive Sessions 21
ARTICLE 15 MISCELLANEOUS PROVISIONS 22
15.1 Captions 22
15.2 Gender . . . . 22
15.3 Waiver . . . . . . . . . . . . . . . . . . . . . . . . 22
15.4 Validity 22
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ARTICLE 3
DEFINITIONS
3.1 ACC or Architectural Control Committee refers to the committee of the Associa-
tion created pursuant to Article 8 of this Declaration.
3.2 Association. The Association is Beebe Draw Farms Property Owners Associa
tion, a Colorado non-profit corporation. Any references in the Subdivision Plat or the PIJD to
"Beebe Draw Property Owners Association" shall mean the Association.
3.3 Board of Directors. The Board of Directors is the governing board of the
Association.
3.4 Bylaws. The Bylaws are the Bylaws of the Association, as they may be amended
from time to time.
3.5 Common Elements. The Common Elements, if any, are all the real estate
comprising the Property other than Lots and other than the District Facilities, as hereafter
defined, all of which shall be owned by the Association. To the extent any real estate is a
Common Element at the time this Declaration is recorded, but is thereafter conveyed to the
District by deed or other instrument of conveyance recorded in the Records, upon recording
of such deed or other instrument of conveyance in the Records, the real property described
therein shall immediately cease to be considered a Common Element hereunder and shall then
and thereafter be considered a District Facility.
3.6 Common Expenses. The Common Expenses are the expenses or financial
liabilities not paid by or the responsibility of the District for the operation of the Community.
Common Expense Assessments are the funds required to be paid by each Lot Owner 'n
payment of such Owner's Common Expense liability. These expenses include:
(a) expenses of administration, maintenance, construction, improvement.
repair or replacement of the Common Elements;
(b) expenses of utilities not separately metered and billed directly to the Lot
Owners;
(c) expenses declared to be Common Expenses by this Declaration;
(d) expenses agreed upon as Common Expenses by the Association: and
(e) such reasonable reserves as may be established by the Association,
whether held in trust or by the Association, for repair, replacement or addition to the Common
Elements or any other real or personal property acquired or held by the Association.
In addition, some costs and expenses benefitting fewer than all the Lots shall be
a Common Expense, but shall be assessed exclusively against those Lots benefitted, as more
fully set forth in Section 11.2.
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(d) Water Systems and Sewage Disposal 1:
(e) Offensive Activities 1 a.
(f) Annoying Sounds or Odors 1
(g) No Hazardous Activities; Firearms
(h) No Unsightliness 1::
(i) Storage of Vehicles 1"
(j) Restrictions on Motorized Vehicles 1«
(k) Vehicle Repairs 1<!
(I) Horses Id
(m) Household Pets 14
(n) Access to Common Elements and District Facilities 1 ;
(o) Prohibition Against Discrimination
(p) Restrictions on Garbage and Trash 1,)
(q) No Temporary Structures or Building Materials 16
(r) Compliance with Insurance Requirements 1 3
(s) Further Subdivision of Lots 16
(t) Restoration in the Event of Damage or Destruction 1 '3
(u) Restrictions on Signs and Advertising 1 3
9.3 Restrictions on Alienation 1 3
(a) No Time-Sharing Plan 16
(b) Leases 13
(c) Summary Process 3
ARTICLE 10 --AMENDMENTS TO DECLARATION 13
10.1 In General 1
10.2 Consent of District 1,;
10.3 Limitation of Challenges 1,3
10.4 Recordation of Amendments 113
ARTICLE 11 —ASSESSMENT AND COLLECTION OF COMMON EXPENSES 19
11.1 Apportionment of Common Expenses 1 3
11.2 Common Expenses Attributable to Fewer than all Lots 1 '
11.3 Lien 1 '
11.4 Certificate of Payment of Common Expense Assessments 1 3
11.5 Acceleration of Common Expense Assessments 1 9
11.6 Commencement of Common Expense Assessments 13
11.7 No Waiver of Liability for Common Expenses 19
11.8 Personal Liability of Lot Owners 1 9
ARTICLE 12 — PERSONS AND PROPERTY SUBJECT TO DECLARATION 19
12.1 Compliance with Declaration 19
12.2 Adoption of Rules 19
ARTICLE 13 - BOARD OF DIRECTORS 19
13.1 Association Records and Minutes of Executive Board Meetings 19
13.2 Powers and Duties 20
13.3 Limitations on Board of Directors 21
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3.7 Community. The Community is the Beebe Draw Farms and Equestrian Center.
First Filing, as contemplated in the PUD, or so much thereof as may have been designed and
constructed from time to time.
3.8 Declarant. The Declarant is REI Limited Liability Company, a Wyoming limited
liability company, doing business in Colorado as Investors Limited Liability Company.
3.9 Declaration. The Declaration is this document, including any amendments.
3.10 Director. A Director is a member of the Board of Directors of the Association
3.11 District. The District is Beebe Draw Farms Metropolitan District. a Colorado
special district, or other special districts organized pursuant to State law to provide public
facilities or services within the Community.
3.12 District Facilities. The District Facilities are defined in Article 5.
3.13 Environmental Assessment. The Environmental Assessment is that certain
written document evidencing the agreement reached between Declarant and the Bureau of
Reclamation on March 3, 1997, including but not limited to the Memorandum of Agreement
dated February 25, 1997, between the Declarant, District, and Bureau of Reclamation
3.14 FRICO means The Farmers Reservoir and Irrigation Company, a Coloraao
corporation.
3.15 FRICO Lease shall mean that certain Grazing and Recreational Lease dated
March 4, 1987, between FRICO, as lessor, and Beebe Draw Land Company, Ltd.. a Colorado
limited partnership, as lessee, as amended, the rights of the lessee thereunder having been
assigned to the District. The FRICO Lease was recorded in the Records on March 6, 1987, at
Book 1148, Folio 1665, Reception 02090926.
3.16 Improvements. Improvements are any construction, structures, equipment,
fixtures or facilities existing or to be constructed on any of the Property which is included in the
Community,including but not limited to: Residences, buildings, landscaping, gardens.trees and
shrubbery planted by an Owner, the Declarant, or the Association, exterior television and radio
satellite dishes, antennae and towers, paving, utility wires, pipes and light poles.
3.17 Lake. The Lake is the Milton Reservoir Lake, owned by FRICO but leased to the
District under the =RICO Lease, as assigned.
3.18 Lot. A Lot is a platted portion of the Property designated for separate ownership
or occupancy, the boundaries of which are defined on the Subdivision Plat. A parcel of land
identified on the Subdivision Plat as an "Outlot" shall not be considered a "Lot"for purposes of
this Declaration.
3.19 Lot Owner or Owner. The Lot Owner or Owner is the Declarant or any other
Person who owns a Lot. Lot Owner does not include a Person having only a Security 'Merest
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4.4 Notice of Addition of Lands 6
ARTICLE 5 — [DISTRICT AND DISTRICT FACILITIES a
5.1 Purpose of District . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
5.2 District Facilities 6
5.3 Use of District Facilities 7
ARTICLE 6 — MAINTENANCE OF THE PROPERTY 7
6.1 Individual Lots . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
6.2 Duties of Association e
6.3 Repairs Resulting From Negligence a
6.4 Weld County Powers Not Superseded . a
ARTICLE 7 —ALLOCATED INTERESTS E
7.1 Liability for the Common Expenses C
7.2 Votes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . L.
ARTICLE 8 — ARCHITECTURAL CONTROL COMMITTEE [-
8.1 Creation of Committee `'
8.2 Purpose of ACC `'
8.3 Approval of Improvements
8.4 Owner to Submit Plans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
8.5 Construction of Improvements after Approval by ACC . . . . . . . . . . . '
8.6 Guidelines, Standards and Procedures
8.7 Compensation of Members of ACC
8.8 Non-Liability of ACC Members l i
ARTICLE 9 — RESTRICTIONS ON USE, ALIENATION AND OCCUPANCY H
9.1 Improvements to Lots 11
(a) Zoning . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
(b) Minimum Floor Area 1'')
(c) Maximum Height for Residences 1')
(d) Outbuildings; Stables; Paddocks 1')
(e) Location of Residence; Setbacks 1 )
(f) No Modular Homes 1 I
(g) Garage 1I
(h) Fences; Walls 11
(i) Oil and Gas Wells and Production Facilities 11
(j) Outstanding Mineral Interests 11
(k) Driveways; Drainage Plan 11
(I) Swimming Pools 12
(m) Stoves and Heating Systems 12
(n) Landscaping 12
9.2 Use Restrictions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
(a) Single-Family Residence 12
(b) No Other Uses or Commercial Pursuits 13
(c) Como lance with Laws 13
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or any other interest in a Lot solely as security for an obligation. The Declarant is the :nitia
Owner of each and every Lot created and defined by this Declaration and the Subdivision Plat
3.20 Majority or Majority of Lot Owners. The Majority or Majority of Lot Owners means
Owners representing more than 50 percent of the votes in the Association.
3.21 Manager. A Manager is a person, firm or corporation employed or engaged to
perform management services for the Community and the Association.
3.22 Notice. The term Notice shall mean the notice of delinquent Common Expense
Assessment provided for in Section 11.3.
3.23 Person. A Person is an individual, corporation, trust, partnership, limited liability
company, association, joint venture, government, government subdivision or agency or other
legal or commercial entity, or a combination thereof.
3.24 Prior Declarations are those declarations of covenants referred to in Article
above burdening a portion of the Property and previously recorded in the Records, which are
amended, restated and superseded by this Declaration.
3.25 Property. Property is the land and all Improvements, easements, rights and
appurtenances presently owned by Declarant which have been submitted to this Declaration,
as described in the first paragraph hereof, or any other lands added hereafter, as provided
herein, excluding any District Facilities, land or improvements.
3.26 PUD Plan. The PUD Plan shall mean the Master Plan for the Community as flied
with and approved by the Weld County Planning and Zoning Department, as the same may be
amended from time to time.
3.27 Records. The Records are the real estate records in the Office of the Clerk and
Recorder of Weld County, Colorado.
3.28 Residence. A Residence shall be the building for single-family living, constructed
on a Lot, including an enclosed garage attached thereto or connected thereto by an arbor or
breezeway.
3.29 Rule:S. The Rules are the regulations for the use of the Common Elements and
the use and occupancy of Lots as they affect the Common Elements and the other Owners,
and for the conduct of persons within the Community, as may be adopted from time to time by
the Board of Directors pursuant to this Declaration.
3.30 Security Interest. A Security Interest is an interest in and encumbrance upon real
estate or personal property, created by contract or conveyance, which secures payment or
performance of an obligation. The term includes a lien created by a mortgage, deed of trust,
installment land contract, lease intended as security, assignment of lease or rents intended as
security, pledge of an ownership interest in the Association, and any other consensual lien
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TABLE OF CONTENTS
Page
ARTICLE 1 — RESTATEMENT OF PRIOR COVENANTS . 1
ARTICLE 2 - EXEMPTION FROM COLORADO COMMON INTEREST OWNERSHIP
ACT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
ARTICLE 3 — DEFINITIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3.1 ACC or Architectural Control Committee 2
3.2 Association . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
3.3 Board of Directors 2
3.4 Bylaws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3.5 Common Elements 2
3.6 Common Expenses 2
3.7 Community . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
3.8 Declarant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
3.9 Declaration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3.10 Director . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
3.11 District . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
3.12 District Facilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
3.13 Environmental Assessment 3
3.14 FRICO . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
3.15 FRICO Lease . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
3.16 Improvements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
3.17 Lake . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
3.18 Lot . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
3.19 Lot Owner or Owner 3
3.20 Majority or Majority of Lot Owners 4
3.21 Manager . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
3.22 Notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
3.23 Person . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
3.24 Prior Declarations 4
3.25 Property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
3.26 PUD Plan 4
3.27 Records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
3.28 Residence 4
3.29 Rules 4
3 30 Security Interest 4
3.31 Soil Management Contract 5
3.32 Subdivision Plat 5
ARTICLE 4 --TERM, TERMINATION AND ADDITION OF OTHER LANDS 5
4.1 Term 5
4.2 Termination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
4.3 Addition of Other Lands 5
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intended as security for an obligation. A nonconsensual lien does not create a Securit✓
Interest.
3.31 Soil Management Contract. The Sod Management Contract shall mean that
certain contract to be maintained by the District, as cooperator, with the Platte Valley Soil
Conservation District,to provide greenbelt management policies to prevent erosion and protect
the existing environment of the Common Elements and the District Facilities, if applicable.
3.32 Subdivision Plat. The initial Subdivision Plat is that certain document entitled
Corrected First Filing Plat of Beebe Draw Farms and Equestrian Center, recorded in the
Records on December 13, 1989, at Reception No. 02200074, in Book 1251 at File 543. which
initial Subdivision Plat covered only the first phase of development of the Community. From
time to time hereafter there may be one or more additional subdivision plats recorded for
subsequent phases of development of the Community.At such time as each additional subdivi-
sion plat is approved by Weld County and recorded in the Records, all references he-ein o
"Subdivision Plat" shall also mean and include such subsequently recorded subdivision plat s
ARTICLE 4
TERM, TERMINATION AND ADDITION OF OTHER LANDS
4.1 Term. This Declaration, every provision hereof, and every covenant and restric-
tion contained herein, shall continue in full force and effect for a period of 20 years from the
date hereof, unless otherwise specifically provided. The same shall automatically be continued
thereafter for successive periods of 20 years each unless the Owners and holders of Security
Interests of at least two-thirds of the Lots then comprising the Property agree to release all or
part of the lands so restricted from any one or more of said restrictions, by executing and
acknowledging an appropriate instrument in writing for such purposes and recording same n
the Records at least one year prior to the expiration of the first 20-year period, or one year prior
to the expiration of any successive 20-year period thereafter.
4.2 Termination.This Declaration, or any provision hereof, or any covenant or:estrio-
tion contained herein, may be terminated as to the whole of the Property or any portion thereof,
with the written consent of the Owners and holders of Security Interests of at least twc-thirds
of the Lots then comprising the Property; except that, in order to release one or more Lots from
the terms of this Declaration, it shall also take the affirmative vote of all Owners and holders
of Security Interests of the got or Lots to be released. No such termination shall be effective
until a proper instrument in writing has been executed, acknowledged and recordec in the
Records
4.3 Addition of Other Lands. Declarant may at any time, or from time to time. during
the term of this Declaration, add other lands within the Community to the Property which is
covered by this Declaration. Upon recording in the Records of a Notice of Addition of Lands
containing the information set forth in Section 4.4 hereof, the provisions contained in this
Declaration shall apply to the additional lands which shall thereupon become part of the
Property covered by this Declaration; and thereafter the rights, privileges, duties and liability
of the Owners and occupants of the added lands shall be the same as in the case of the
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•
STATE OF COLORADO
ss.
CITY AND COUNTY OF DENVER )
The foregoing instrument was acknowledged before me this= cdayofJanuary, 1999.
by James W: Fell as Development Manager of REI Limited Liability Company, a Wyoming
Gmited-liabilitytpompany, doing business in Colorado as Investors Limited Liability Company.
r• Wihrle"ss my hand and official seal.
).eomn 'ission expires: °—'
r/ - rl/S r'' —
Notary Public
STATE OF COLORADO
) ss,
CITY AND COUNTY OF DENVER )
The foregoing instrument was acknowledged before me thiday of January, 1999,
by James W. Fell as president of Beebe Draw Farms Metropolitan District, a special district.
Witness my hand and official seal.
My commission expires
Notary Public
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original Property; except that assessments imposed by this Declaration on such additional
lands shall commence from the date of recording of the Notice of Addition of Lands.
4.4 Notice of Addition of Lands. The Notice of Addition of Lands referrea to in
Section 4.3 above shall contain the following provisions:
(a) a reference to this Declaration, which reference shall state the date of
recording hereof and the reception number or book and page numbers of the Records where
this Declaration is recorded, and any amendments thereto;
(b) a statement that the provisions of this Declaration shall apply to the addi-
tional lands in the manner set forth in Section 4.3 above;
(c) an exact legal description of the additional lands; and
(d) the consent of the owner or owners of the additional lands to subject
themselves and their included real estate to this Declaration.
ARTICLE 5
DISTRICT AND DISTRICT FACILITIES
5.1 Purpose of District. The District, including other special districts organized :o
provide publicfacilities and services within the Community,will construct, operate and maintain
the District Facilities and furnish public services to the Community in accordance with the
District Service Plan as approved by and filed with the County.
5.2 District Facilities. The District Facilities shall mean and include, but not be limited
to, the following, all of which shall be owned, managed, or operated by the District for public
use in accordance with the provisions of the District Service Plan and State law:
(a) the equestrian center buildings, parking areas, arenas and jumping
courses;
(b) the land leased under the FRICO Lease and the water recreation facilities
to be constructed on such land;
(c) all roads and storm drainage facilities, to the extent the same shall not
have been dedicated to and accepted by Weld County;
(d) the public water distribution system, including a pump station and all
transmission lines, to the extent the same shall not have been dedicated to and accented ay
the Central Weld Water District;
(e) the entrance gate house;
(f) the District headquarters building, which may be used as the office of the
Association;
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(b) if the action taken at the executive session involves personnel, pending
litigation, contract negotiations, enforcement actions, matters involving the invasion of privacy
of individual Lot Owners, matters which are to remain confidential by request of the affected
parties and agreement of the Board or actions taken by unanimous consent of the Board.
ARTICLE 15
MISCELLANEOUS PROVISIONS
15.1 Captions. The captions contained in this Declaration are inserted only as a
matter of convenience and for reference, and in no way define, limit or describe the scope of
this Declaration or the intent of any provision thereof.
15.2 Gender. The use of the masculine gender refers to the feminine gende-, and
vice versa, and the use of the singular includes the plural, and vice versa,whenever the context
of this Declaration so requires.
15.3 Waiver. No provision contained in this Declaration is abrogatec or waived by
reason of any failure to enforce the same, irrespective of the number of violations or breaches
which may occur.
15.4 Validity. The invalidity of any provision of this Declaration does not impair or
affect in any manner the validity, enforceability or effect of the remainder, and if a provision is
invalid, all of the other provisions of this Declaration shall continue in full force and effect.
IN WITNESS WHEREOF,the Declarant has caused this Declaration to be executed this
27th day of January, 1999.
REI LIMITED LIABILITY COMPANY, a
Wyoming limited liability company, doing
business in Colorado as INVESTORS
LIMITED LIABILITY COMPANY
By:
Jaynes W. Fell, Development Manacer
BEEBE DRAW FARMS METROPOLITAN
DISTRICT, a Colorado special aistrict, solely
for the purpose of affirming the District's
rights under Article 5 above
�i
James W. Fell, President
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(g) all recreational structures, including but not limited to the clubhouse
swimming pool and tennis courts;
(h) all components of any public transportation system developed ty the
District;
(i) all television relay and translation equipment installed or construced or
contracted for by the District; and
0) the outlots and open spaces shown on the Subdivision Plat or the PUD
Plan, together with the riparian corridor, buffer zones, environmental setback zones conser-
vation easements and related interest in property or facilities identified in the Environmental
Assessment.
5.3 Use of District Facilities.
(a) The District Facilities shall be available for public use, subject to the right
of the District to regulate use of the District Facilities (including but not limited to permitting
persons other than Owners of Lots to use the District Facilities, as set forth below) and charge
reasonable admission and other rates,fees, and charges for such usage, as determined by the
District.
(b) If an Owner is delinquent in the payment of such Owner's Common
Expense Assessments or real property taxes or assessments (to the extent some or all cf such
real property taxes or assessments include an amount in favor of the District), the District shall
have the right, upon notification by the Association in the case of Common Expense Assess-
ments, to suspend such Owner's right to use the District Facilities for so long as such Common
Expense Assessments or taxes or assessments remain unpaid: provided that no provision )f
this Declaration shall affect, limit or otherwise restrict any power or authority provided to the
District under State law; and, provided further, that notwithstanding any other provision herein
to the contrary, the District shall not restrict an Owner's right to use roads included in the
definition of the District Facilities to the extent such roads provide the Owner with access to and
from such Owner's Lot.
(c) The District shall have the right to grant permits for the use of District
Facilities.
(d) There shall be no use of the Lake shoreline, except at access points
designated by the District or at District beach and recreation areas.
ARTICLE 6
MAINTENANCE OF THE PROPERTY
6.1 Individual Lots. It shall be the duty and obligation of each Lot Owner, at such Lot
Owner's expense, to beautify and keep neat, attractive, sightly and in good order ana repair
such Owner's Residence and the exterior portions of the Lot. If the Owner does not discharge
this obligation then the Association may arrange to have the work done and assess the Owner
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(m) provide, at the option of the Board of Directors, for the indemnification of
the Association's officers and the Board of Directors, and/or maintain Directors' and officers'
liability insurance, and/or maintain any other comprehensive, general or liability insurance
deemed appropriate;
(n) assign the Association's right to future income, including the right to
receive Common Expense Assessments;
(o) exercise any other powers conferred by this Declaration or the B\laws
(p) exercise any other power that may be exercised in this state by legal
entities of the same type as the Association;
(q) exercise any other power necessary and proper for the governance and
operation of the Association: and
(r) by resolution, establish permanent and standing committees of Director s
to perform any of the above functions under specifically delegated administrative standards,
as designated in the resolution establishing the committee. All committees must maintain and
publish notice of their actions to Lot Owners and the Board of Directors. However, actions
taken by a committee may be appealed to the Board of Directors by any Lot Owner within 15
days of publication of the notice. If an appeal is made, the committee action must be ratifiers,
modified or rejected by the Board of Directors at its next regular meeting.
13.3 Limitations on Board of Directors. The Board of Directors may nct act on behalf
of the Association to amend this Declaration, to terminate the Community or to elect Directors
to the Board of Directors or determine the qualifications, powers and duties or terms of office
of members of the Board of Directors, but the Board of Directors may fill vacancies in its
membership for the unexpired portion of any term.
ARTICLE 14
OPEN MEETINGS
14.1 Access. All meetings of the Board of Directors, at which action is to be taken by
vote, will be open to the Lot Owners, except as hereafter provided.
14.2 Notice. Notice of every such meeting will be given not less than 24 hours prior
to the time set for such meeting, by posting such notice in a conspicuous location in the
Community, except that such notice will not be required if an emergency situation requires that
the meeting be held without delay,
14.3 Executive Sessions. Meetings of the Board of Directors may be held in executive
session, without giving notice and without the requirement that they be open to Lot Owners, in
either of the following situations only:
(a) if no action is taken at the executive session requiring the affirmative vote
of Directors; or
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for the cost of such work plus twenty-five percent(25%) of such cost for inspectic n, aaministra-
tive costs and overhead of the Association and other incidental expenses, provided the Associ-
ation gives such Lot Owner notice of the Association's intent to have the work done and e
reasonable opportunity for the Lot Owner to cure the violation prior to the Association having
the work done.
6.2 Duties of Association. The Association shall maintain, repair, replace. beautify
and keep all of the Common Elements neat, attractive, sightly, and in good order, to the extent
that such functions are not expected to be performed by the District or Weld County J any
other political subdivision thereof or of the State of Colorado. The Association may, from time
to time, hire and/or contract with third parties to achieve the objectives of this Section 6.2.
6.3 Repairs Resulting From Negligence. Each Lot Owner will reimburse the Asso-
ciation for any damages to the Common Elements caused by such Owner's or such Owner s
agents or invitees, intentionally or negligently, or by such Owner's failure properly to me intain..
repair or make replacements to the Owner's Lot. The Association will be responsiple for
damage to Lots which is caused by the Association intentionally or negligently. or oy the
Association's failure to maintain, repair or make replacements to the Common Elements.
6.4 Weld County Powers Not Superseded. Nothing contained herein shall replace
or supersede the powers granted pursuant to Section 28.6.6 of the Weld County Zoning
Ordinance, or its succeasor regulations, or§24-67-105(6), C.R.S., as amended,whereby if the
Common Areas are not maintained by the Association in reasonable order and condition .n
accordance with the PUD Plan, the Weld County Board of County Commissioners ma/ enter
upon the affected property and maintain the same following service of written notice and a
hearing. The cost of such maintenance by the Board of County Commissioners snail he
charged to and paid by the Owners individually or in the form of a Common Expense Assess-
ment, and any unpaid assessments shall become a tax lien upon the Lots.
ARTICLE 7
ALLOCATED INTERESTS
The interest allocated to each Lot has been calculated by the following formula:
7.1 Liability for the Common Expenses. The percentage of liability for Common
Expenses allocated to each Lot is based on one share for each Lot compared with the total
shares allocated to all the Lots in the Property, subject to the Declarants rights to add
additional lands hereto, thereby increasing the total number of Lots, and/or combine Lots,
thereby reducing the total number of Lots. Provided, however, that if an Owner combines two
or more Lots as provided herein with the intent of creating one Lot therefrom, such resuh.ing Lot
shall continue to be allocated the full percentage originally allocated to the Lots so combined.
If a Lot is subdivided by the Owner and added to other Lots as provided herein, the interest of
such subdivided Lot shall be added proportionally to the Lots receiving all or a portion Pf such
subdivided Lot. Nothing contained in this Section shall prohibit certain Common Expenses
from being apportioned to particular Lots under Article 6 of this Declaration.
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Directors and committee meetings during normal business hours. The minutes shall be avail--
able for inspection within 15 days after any such meeting.
13.2 Powers and Duties. The Board of Directors may act in ail instances on tehalf
of the Association, except as provided in this Declaration or the Bylaws. The Board of Directors
shall have, subject to the limitations contained in this Declaration, the powers necessary for the
administration of the affairs of the Association and of the Community, which shall include. but
not be limited to, the following:
(a) adopt and amend Bylaws, Rules and regulations;
(b) adopt and amend budgets for revenues, expenditures and reserves;
(c) collect Common Expense Assessments from Lot Owners
(d) hire and discharge managing agents;
(e) hire and discharge independent contractors,, employees anc agents other
than managing agents;
(f) institute, defend or intervene in litigation or administrative proceedings or
seek injunctive relief for violation of or otherwise enforce the Association's Declaration, Eylaws
or Rules in the Association's name, on behalf of the Association or two or more Lot Owners on
matters affecting the Community;
(g) make contracts and incur liabilities;
(h) regulate the use; maintenance, repair, replacement and modification of
the Common Elements, including but not limited to the express power to approve conveyance
of some or all of the Common Elements to the District for public use, with the District's written
consent, and direct the appropriate officer of the Association to execute the necessary convey-
ance deed to accomplish the same;
(i) cause additional Improvements to be made as a part of the Common
Elements;
(j) impose and receive a payment,fee or charge for the use, rental or opera-
tion of the Common Elements, and for services provided to Lot Owners;
(k) impose a reasonable charge for late payment of assessments and levy
reasonable fines for violations of this Declaration, the Bylaws, Rules and regulations of the
Association;
(I) impose a reasonable charge for the preparation and recordation of
amendments to this Declaration and for a statement of unpaid assessments;
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7.2 Votes. Each Lot in the Property shall have the number of votes allocated tc sucn
Lot in the Bylaws. Any specific percentage, portion or fraction of Lot Owners, unless otherwise
stated herein, means the specified percentage, portion or fraction of all of the votes as
allocated in the Bylaws. Nothing contained herein shall be interpreted to establish any voting
rights or procedures with regard to District matters.
ARTICLE 8
ARCHITECTURAL CONTROL COMMITTEE
8.1 Creation of Committee. There is hereby created a standing committee of the
Association to be known as the Architectural Control Committee or ACC, to be composed of
not more than five (5) individuals. Members of the ACC shall be appointed by the Board of
Directors, to hold office at the will of the Board of Directors.
8.2 Purpose of ACC. The purpose of the ACC is to maintain the superior beauty and
quality of the Improvements constructed on the Property, and the harmony thereof with the
surroundings,to assure that the natural environment is disturbed as little as possible, to enforce
the provisions of the Environmental Assessment, and to evaluate the use and suitability of the
proposed Improvements and the effect of the same on any adjacent or neighbonng properties.
8.3 Approval of Improvements. Except for initial Improvements constructed by
Declarant and Improvements made at any time by the Association, all plans and specificatiors
in connection with (a) building, exterior remodeling, rebuilding, refurbishing or alteration of a
Residence, including without limitation the exterior appearance, color or texture; or(b) creation
or construction of any Improvements or alterations to the Property. including but not limited 'o
gardening, landscaping, planting, patio covers, awnings, sculpture or art work, driveway, side-
walk, fence, outside deck, or clearing, grading, excavating, filling or similar disturbance of the
surface of the land, all of which shall require the prior written approval of the ACC.
8.4 Owner to Submit Plans. Before any construction work begins, the Owner of the
Lot shall be responsible for submitting to the ACC complete plans, specifications anc color/
material/texture samples for the scheduled work, and obtaining all necessary approvals and
permits from Weld County and/or any other applicable governmental entities.
8.5 Construction of Improvements after Approval by ACC. Following approval of
proposed Improvements by the ACC, the Lot Owner shall cause the approved Improvements
to be made to the Lot in a timely fashion, and in any event within twelve (12) months
8.6 Guidelines, Standards and Procedures. The ACC shall adopt guideline ;, stan-
dards and procedures for its day-to-day operations and the performance of its duties under this
Declaration, which guidelines, standards and procedures shall be consistently applied for all
matters coming before the ACC.
8.7 Compensation of Members of ACC. If authorized by the Board of Directors, the
members of the ACC may receive reasonable compensation for services performed. together
with reimbursement for actual and reasonable expenses incurred by them in the performance
of their duties.
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within fourteen(14)calendar days after receipt of the request and is binding on the Association,
the Board of Directors and each Lot Owner. A reasonable fee, established by the Board of
Directors, may be charged for such statement.
11.5 Acceleration of Common Expense Assessments. In the event of default in which
any Lot Owner does not make the payment of any Common Expense Assessment levied
against his Lot within 10 days of the date due, the Board of Directors shall have the ncht tc
declare all unpaid Common Expense Assessments for the pertinentfiscal year immediately due
and payable.
11.6 Commencement of Common Expense Assessments. Common Expense
Assessments shall begin on the first day of the month in which conveyance of the first L of to
a Lot Owner other than the Declarant occurs.
11.7 No Waiver of Liability for Common Expenses. No Lot Owner may aec;ome
exempt from liability for payment of the Common Expense Assessments by waiver of the use
or enjoyment of the Common Elements or by abandonment of the Lot against which the
Common Expense Assessments are made.
11.8 Personal Liability of Lot Owners. The Lot Owner of a Lot, at the time a Connor
Expense Assessment or portion of the assessment is due and payable, is personally !iat le for
the Common Expense Assessment. Personal liability for the Common Expense Assessment
shall not pass to a successor in title to the Lot unless the successor agrees to assume the
ooligation.
ARTICLE 12
PERSONS AND PROPERTY SUBJECT TO DECLARATION
12.1 Compliance with Declaration. All Lot Owners. tenants and occupants o' Lot:
shall comply with this Declaration. The acceptance of a deed or exercise of any incident of
ownership or entering into a lease or occupancy of a Lot constitutes agreement :hat the Dray'-
sions of this Declaration are accepted and ratified by that Lot Owner, tenant or occupant. Ail
provisions recorded in the Records are covenants running with the land, shall bind any Persons
having at any time any interest or estate in any portion of the Property, and shall be enforceable
by the Association or any Owner or the District, to the extent that any District Facility or interest
of the District is affected, directly or indirectly.
12.2 Adoption of Rules. The Board of Directors may adopt Rules regarding the use
of the Common Elements and the use and occupancy of Lots as they affect the Common
Elements and the other Owners and for the conduct of persons within the Community
ARTICLE 13
BOARD OF DIRECTORS
13.1 Association Records and Minutes of Executive Board Meetings. The Executive
Board shall permit any Lot Owner, or holder, insurer or guarantor of a first lien Security Ir terest
secured by a Lot, to inspect the records of the Association and the minutes of Board of
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8.8 Non-Liability of ACC Members. None of the ACC. any member -hereof or the
Board of Directors shall be liable to any Owner or to any other person for any loss, damage or
injury arising out of or in any way connected with the performance of the ACC's duties under
this Declaration. No action taken by the ACC or its members will be deemed to have approved
or to have made any representation as to the safety or structural soundness of, or compliance
with local building codes or other governmental laws or regulations concerning, the proposed
Improvements.
ARTICLE 9
RESTRICTIONS ON USE, ALIENATION AND OCCUPANCY
9.1 Improvements to Lots. The following restrictions on construction of Improve-
ments apply to the Property; provided, however, that to the extent a portion of the Property is
not a Lot, nothing contained herein shall be interpreted to permit an Improvement not otherwise
permitted by the Subdivision Plat, the PUD or Weld County:
(a) Zoning. Zoning laws, ordinances, resolutions, rules and regulations are
considered to be a part hereof. and no provision of this Declaration shall be interpreted to
violate any present or future zoning laws, ordinances, resolutions, rules or regulations.
(b) Minimum Floor Area. The minimum floor area requirements of this sub-
section for any Residence are exclusive of garages, porches and patios. As so described. any
Residence erected on a Lot shall have a minimum ground floor area for the main structure of:
in the case of one-story structures, not less than 1400 square feet at grade; in the case of two-
story structures, not less than 800 square feet at grade on the ground floor and at least 800
square feet on the second floor unless the Residence has a full basement, in which case not
less than 600 square feet on the second floor: and, in the case of a split-level structure wth two
or more levels above grade.. not less than 1600 square feet among the above ground levels.
(c) Maximum Height for Residences. No Residence shall be more than wo
and one-half (2'%) stories in height above grade.
(d) Outbuildings;Stables; Paddocks. No outbuildings or accessory buildings
other than automobile garages, stables and paddocks are permitted unless connected by roof
to the Residence. For only the Lots that have been permitted herein to have horses, a stable
and/or paddock area may be constructed, provided such stable and/or paddock area covers
no more than 5% of the total area of the Lot, is located behind the Residence, and con:ains a
storage building not larger than 10' x 12' at grade and/or a stable building not larger than 300
square feet per permitted horse. Any riding ring or arena must be included in the calcjlation
of the approved paddock area.The exteriorfinish of permitted automobile garages, stables and
paddocks shall be the same materials and colors as the Residence.
(e) Location of Residence: Setbacks. The Residence shall be located on the
Lot in such a way as to minimize damage to existing terrain, foliage and natural growth, and
take advantage of the topography. Nothing contained in this subsection. however, shall
unreasonably limit any Owner's ability to construct a Residence upon a Lot. No Residence or
other building shall be located on any Lot within or be in violation of the setbacks established
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time period for instituting proceedings to enforce the Association's lien shall be tolled until thiny
days after the automatic stay of proceedings under Section 362 of the Bankruptcy Code is
lifted.
(d) This Section does not prohibit an action to recover sums for which
Subsection (a) of this Section creates a lien or prohibit the Association from taking a deed 'n
lieu of foreclosure.
(e) A judgment or decree in any action brought under this Section shall
include costs and reasonable attorney fees for the prevailing party, which shall be additional
Common Expense Assessments.
(f) A judgment or decree in an action brought under this Section is enforce-
able by execution under Colorado law.
(g) The Association's lien must be foreclosed by the same judicial procedure
by which a mortgage on real estate is foreclosed under Colorado law. In any such foreclosure.
the delinquent Owner shall be required to pay all costs and reasonable attorney fees in connec-
tion with the preparation and filing of the Notice, as provided herein, and all costs and reason-
able attorney fees incurred in connection with the foreclosure. The Association shall have the
power to bid on the Lot being foreclosed. Any holder of a Security Interest on a Lot which is
the subject of the Association's lien being foreclosed may, but shall not be required to, pay any
unpaid assessment and upon such payment. such holder of the Security Interest shall nave a
lien upon the Lot, including improvements, for the amount paid. of the same rank as the lien
of the Association.
(h) In any action by the Association to collect Common Expense Assess-
ments or to foreclose a lien for unpaid Common Expense Assessments, the court may appoint
a receiver for the Lot who shall collect ail sums due from that Lot Owner or a tenant of the Lot
Owner prior to or during the pendency of the action.
(i) If a holder of a first lien Security Interest in a Lot forecloses that Security
Interest, the purchaser at the foreclosure sale is not liable for any unpaid Common Expense
Assessments against that Lot which became due before the sale, other than the assessments
which are prior to that Security Interest under Subsection (b) of this Section of the Declaration.
Any unpaid Common Expense Assessments not satisfied from the proceeds of sale become
Common Expenses collectible from all the Lot Owners, including the purchaser.
(j) Any payments received by the Association in the discharge cf a Lot
Owner's obligation may be applied to the oldest balance due.
(k) By acquiring title to a Lot, an Owner waives all federal and state home-
stead or other exemptions with respect to the lien for Common Expense Assessments.
11.4 Certificate of Payment of Common Expense Assessments. The Asscciation.
upon written request, shall furnish a Lot Owner with a written statement setting out the amount
of unpaid Common Expense Assessments against the Lot. The statement must be furnished
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on the Subdivision Plat or the PUD Plan, or within any riparian corridor, buffer zone. or
environmental setback zone identified in the Environmental Assessment.
(f) No Modular Homes. No modular or kit-built Residences shall be
permitted. However, this provision shall not prohibit modular or kit-built stables or barns
(g) Garage. A garage shall be required and shall be of a size at least arge
enough to enclose two (2) passenger automobiles. Any detached garage must be set be ck a?
least five (5) feet from the front building line of the Residence. No unenclosed carport, either
attached or detached, will be permitted.
(h) Fences; Walls. No perimeter fencing will be permitted or any Lct. Nc
other fencing will be permitted except as follows:
(i) An Owner may construct decorative or privacy fencing or
wails in one or more areas adjacent to the Residence, the total area enclosed
by which shall not exceed five percent (5%) of the total acreage of the Lot; and
(ii) An Owner shall construct a fence, if such Owner elects to
construct a swimming pool, and the area within the required fence for a
swimming pool shall not be in addition to the 5% area limitation stated in subsec-
tion (i) above, unless permitted in advance in writing by the ACC; and
(iii) An Owner may construct a fence to enclose a corral or
paddock, the total area of which shall not exceed five percent (5%) of the total
acreage of the Lot. If one or more horses are permitted to be and are kept on the
Lot, any such area shall be fenced and shall be included in the 5% area restric-
tion for a corral or paddock.
All fence dimensions and fencing materials shall comply with standards to be established by
the ACC.
(I) Oil and Gas Wells and Production Facilities. No Residence shall be
constructed within 300 feet of an existing legal oil or gas well or production facility. Nothing
contained herein shall be deemed to limit or impede the right of the owner of an existing oil or
gas well or production facility to obtain access to, drill for, produce, or extract oil or gas from
such well or production facility.
(j) Outstanding Mineral Interests. Nothing contained herein shall be deemed
to limit or impede the right of the owner of a mineral interest to obtain access to drill for,
produce, or otherwise extract any minerals from the Property.
(k) Driveways; Drainage Plan. There shall be no interference with the
drainage plan set forth in the PUD Plan. In particular but not by way of limitation culvert pipes
to cross road ditches or swales to gain access to Lots shall be set so as not to interfere with
the drainage plan.
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increasing the total number of Lots, and/or combine Lots, thereby reducing the total number
of Lots, and in both cases reallocating the percentages of liability for Common Expenses. This
shall include but not be limited to Common Expenses for reasonable maintenance and replace-
ment of the Common Elements, notwithstanding the fact that such maintenance and replace-
ment could be viewed as benefitting one particular Lot over another. There shall be nc
assessment against District Facilities or property without the written consent of the District.
11.2 Common Expenses Attributable to Fewer than all Lots.
(a) Any Common Expense for services approved by the Board of Directors
and provided by the Association to an individual Lot or some Lots but fewer than all the Lots
at the request of the particular Lot Owner or Owners shall be assessed against the requesting
Lot(s).
(b) An assessment to pay a judgment against the Association may be made
only against the Lots comprising the Property at the time the judgment was entered, in propor-
tiion to their Common Expense liabilities.
(c) If a Common Expense is caused by the misconduct of a Lot Owner. the
Association may assess that expense exclusively against that Lot Owner's Lot.
(d) Fees, charges,taxes, impositions, late charges,fines;collection costs and
interest charged against a Lot Owner pursuant to this Declaration are enforceable as Common
Expense Assessments.
11.3 Lien.
(a) The Association is hereby granted and shall have a lien on a Lot for a
Common Expense Assessment levied against the Lot or fines imposed against its Lot Owner.
Fees, charges, late charges, attorney fees, fines and interest are enforceable as assessments
under this Section. The amount of the lien shall include all those items set forth in this Section
from the time such items become due. If a Common Expense Assessment is payable in install-
ments, each installment is a lien from the time it becomes due, including the due date set by
any valid Association acceleration of installment obligations.
(b) To evidence the Common Expense Assessment on any Lot not paid es
set forth herein, the Association may prepare a Notice setting forth the amount of such unpaid
assessment, plus interest due and accruing, the name of the Owner being assessed. and a
legal description of the Lot on which the assessment remains unpaid. The Notice shall be
signed by an officer of the Association and may be recorded in the Records, not less than "0
days after having been mailed to the defaulting Owner at the current address thereof as shown
on the records of the Association.
(c) A lien for an unpaid Common Expense Assessment is extinguished
unless proceedings to enforce the lien are instituted within three years after the full amount of
the Common Expense Assessment becomes due, except that if an Owner of a Lot subject to
a lien under this Section files a petition for relief under the United States Bankruptcy Code, the
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(I) Swimming Pools. All swimming pools constructed on Lots shall be at )r
below grade and shall be fenced and covered and/or screened in compliance with the Rules,
and shall comply with all applicable governmental rules and regulations.
(m) Stoves and Heating Systems. No coal or fuel oil heating systems r
stoves, or any other type of heater or furnace which emits pollutants in excess cf EPA
standards for residential areas, shall be permitted. Any rooftop solar heating system must be
approved by the ACC and, to the greatest extent reasonably possible, all solar panels must be
positioned so as not to be visible from adjoining Lots or Common Areas.
(n) Landscaping. All the provisions hereof shall be subject to ACC approval
and standards that may be adopted from time to time by the ACC:
(i) The area immediately surrounding a Residence shall be
landscaped and maintained. Dead trees must be removed immediately and
replaced during the next planting season.
(ii) Within six (6) months after completion of a Residence, a
Lot Owner shall plant at least fifteen (15) trees on the Lot, ten (10) of which trees
shall be evergreen trees and five (5) of which shall be deciduous trees. Of the
10 evergreen trees, at least five (5) shall be a minimum of five feet(5') in height.
and of the 5 deciduous trees, at least two (2) shall be a minimum of ten feet(10')
in height.
(iii) If the Owner has elected to construct a privacy fence as
permitted in subsection 9.1(h) above, the Owner may maintain a garden within
the area enclosed by such privacy fence.
(iv) Other residential landscaping requiring irrigation must be
adjacent to the Residence and shall comprise an area not greater than five
percent (5%) of the total acreage of the Lot.
(v) No rock, plant materiail, top soil or similar items shall be
removed from any other Lot, from the District Facilities, or from the Common
Area by an Owner for the purpose of moving the same to or placing the same
upon such Owner's Lot.
9.2 Use Restrictions. The following use restrictions apply to all of the Property;
provided, however, that to the extent a portion of the Property is not a Lot, nothing contained
herein shall be interpreted to permit a use not otherwise permitted by the Subdivision Plat. the
PUD or Weld County:
(a) Single-Family Residence. Each Lot is restricted to use as one single-
family Residence and accessory uses as permitted herein. A single-family Residence is
defined as a single housekeeping unit, operating on a nonprofit, noncommercial basis with a
common kitchen and dining area. No room or rooms in any Residence or parts thereof may
be rented or leased and no paying guests shall be quartered in any Residence. Nothing
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dence's private drive from the adjoining road, and except signs as may be approved in writing
by the Association or the ACC. A sign advertising a Lot for sale or for lease may be placed on
such Lot; proviided, however, that standards relating to dimensions, color, style and location ot
such signs shall be determined from time to time by the ACC.
9.3 Restrictions on Alienation. The following restrictions on alienation apply to all o?
the Property:
(a) No Time-Sharing Plan. No portion of the Property may be conveyec
pursuant to a time-sharing plan.
(b) Leases. No portion of the Property may be leased or rented for a term
of less than 60 days. All leases and rental agreements for Lots shall be in writing and subject
to the requirements of this Declaration and the Association. All leases of a Lot shall include a
provision that the tenant will recognize and attorn to the Association as landlord, solely for the
purpose of having the power to enforce a violation of the provisions of this Declaration against
the tenant, provided the Association gives the Owner of such leased Lot notice of the Associa-
tion's intent to so enforce and a reasonable opportunity to cure the violation directly, prior to the
commencement of an enforcement action.
(c) Summary Process. The Association will have the right and power tc exer-
cise the landlord's rights of summary process against any tenant of a Lot Owner who violates
the Rules.
ARTICLE 10
AMENDMENTS TO DECLARATION
10.1 In General. This Declaration may be amended only by vote or agreement if
Owners of and holders of Security Interests in Lots to which at least 75 percent of the votes .n
the Association are then allocated.
10.2 Consent of District. No amendment to the Declaration shall modify or affect the
District Facilities or any right or interest of the District without the written consent of the District.
10.3 Limitation of Challenges. An action to challenge the validity of an amendment
to the Declaration may not be brought more than one year after the amendment is recorded
in the Records.
10.4 Recordation of Amendments. Each amendment to the Declaration must he
recorded in the Records, and the amendment is effective only upon recording.
ARTICLE 11
ASSESSMENT AND COLLECTION OF COMMON EXPENSES
11.1 Apportionment of Common Expenses. Except as provided in Section 11.2, all
Common Expenses shall be assessed against all Lots in accordance with their percentage of
liability for Common Expenses, subject to the Declarant's right to add additional lands. thereby
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contained in this Section, however, shall be construed as preventing the rentinc or leasing of
a Lot in its entirety to a single family, in which event a copy of the written lease shall be
delivered to the Association.
(b) No Other Uses or Commercial Pursuits. Except for those Elct'vities
conducted as a part of the marketing and development program of the Declarant, no subordi-
nate or ancillary use by special review other than those permitted by the PUD Plan, and no
industry, business, trade. or commercial activities shall be conducted, maintained or permitted
in any part of a Lot, nor shall any Lot be used or rented for transient, hotel or motel purposes.
(c) Compliance with Laws. No immoral, improper, offensive or unlawfil use
may be made of the Property; and Lot Owners shall comply with and conform tc ail appl.cable
laws, ordinances, rules and regulations of the United States,the State of Colorado, the County
of Weld, and the District.The violating Lot Owner shall hold harmless the Association anc other
Lot Owners from all fines, penalties,costs and prosecutions for any violation or noncompi ance.
(d) Water Systems and Sewage Disposal. Water for domestic and irri gaticn
use shall be furnished by the District and/or Central Weld Water District in accordance with
their rates, rules and regulations. There shall be no individual water wells installed on any Lot,
without the written consent of the District and State Engineer. Individual sewage disposal
systems which comply with the requirements of the State of Colorado and the Weld C ounty
Health Department shall be installed and maintained for each Lot on which a Residence s
constructed.
(e) Offensive Activities. No noxious, offensive, dangerous or unsafe activity
shall be carried on upon any portion of the Property, nor shall anything be cone or Oiaced
thereon, either wilfully or negligently, which is or may become a nuisance! or cause an
unreasonable embarrassment, disturbance or annoyance to other Lot OwnerE; or occupants.
(f) Annoying Sounds or Odors. No sound or odor, including those caused
by household pets or horses, shall be emitted from any portion of the Property which is noxious
or offensive to or would interfere with the rights, comforts or convenience of other Lot Owners
or occupants. Without limiting the generality of the foregoing, no exterior speakers, horns,
whistles, bells or other sound devices, other than security devices used exclusively fcr security
purposes, shall be located or used on any Lot except with the priorwritten approval of th ACC.
(g) No Hazardous Activities; Firearms. There shall be no activity or Improve-
ment on any portion of the Property which is or might be unsafe or hazardous to any person
or property. Without limiting the generality of the foregoing, no hunting shall be permu tea. no
firearms shall be discharged upon the Property, and no open fires shall be lighted or permitted,
except in a contained barbecue while attended and in use for cooking purposes or wthin an
interior or exterior fireplace designed to prevent the dispersal of burning embers.
(h) No Unsightliness. All unsightly structures, facilities, equipment. objects
and conditions shall be enclosed within a structure, including snow removal equipment and
garden or maintenance equipment except when in actual use.
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(n) Access to Common Elements and District Facilities. No Owner shah
place any structure whatsoever upon or permit any structure to intrude upon or overhang the
Common Elements or the District Facilities, and no Owner shall engage in any activity which
would temporarily or permanently deny free access to any part of the Common Elements Drthe
District Facilities by all Owners. No use shall ever be made of the Common Elements or the
District Facilities which would deny ingress or egress by any Owner to such Owner's Lot. The
foregoing notwithstanding, nothing contained herein shall be interpreted to afford access :o the
District Facilities not otherwise provided or approved of by the District.
(o) Prohibition Against Discrimination. Anything to the contrary herein not-
withstanding,these covenants shall be construed as omitting restrictions, if any, based on race
color, national origin, creed, sex, marital status, ancestry, familial status or disability.
(p) Restrictions on Garbage and Trash. No refuse, garbage, ':rash, lu nber.
grass, shrub or tree clippings, plant waste, compost, metal, bulk materials, scrap, refuse or
debris of any kind shall be kept, stored or allowed to accumulate on any of the Property except
within an enclosed structure or area appropriately screened from view, except that any
container containing such materials may be placed outside at such times as may be nece ssary
to permit garbage or trash pick-up.
(q) No Temporary Structures or Building Materials. Except for constriction
trailers and/or materials, which may be stored for up to six (6) months during actual construc-
tion on a Lot or the Common Areas or the District Facilities, no shed, shack, temporary
structure or temporary building or building materials shall be placed, stored or maintainer upon
the Property.
(r) Compliance with Insurance Requirements. Nothing shall be done or kept
on the Property which could result in a material increase in the rates of insurance or would
result in the cancellation of insurance maintained by the Association, without the prior approval
of the Association.
(s) Further Subdivision of Lots. The Owner of a Lot shall not further subdi-
vide that Lot. Provided, however, that nothing in this subsection shall prohibit Declarant or an
Owner from subdividing a Lot for the sole purpose of annexing all subdivided portions of such
Lot to other adjacent Lots.
(t) Restoration in the Event of Damage or Destruction. In the e\dent of
damage or destruction of any Improvement on a Lot, the Owner thereof shall cause the
damaged or destroyed Improvement to be restored or replaced to its original condition cr such
other condition as may be approved in writing by the ACC, or the Owner snail cause the
damaged or destroyed Improvement to be demolished and the Lot to be suitably landscaped,
subject to the approval of the ACC, so as to present a pleasing and attractive appearance
(u) Restrictions on Signs and Advertising. No sign, poster, billboard, adver-
tising device or display of any kind shall be erected or maintained anywhere within the Property
so as to be evident to public view, except for a name plate or sign not exceeding eighteen (18)
square inches in area on the main door of each Residence or at the entrance to the Resi-
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(I) Storage of Vehicles. Otherthan short-term guests or agents of an Owner.
whose vehicles may be parked for no more than 72 hours, no vehicles shall be regularly kept
on the Lot in any area other than in the garage. Garages are restricted to occupancy by the
Owner of the Lot for storage and for parking spaces for vehicles. Garage doors shall remain
closed when not in use for ingress or egress of vehicles. No maintenance equipment. boar.
camper (on or off supporting vehicles), trailer, tractor, truck, towed trailer unit, motor:ycle,
disabled,junked or abandoned vehicle, motor home, mobile home, recreational vehicle or any
other vehicle,the primary purpose of which is for recreational, sporting or commercial use. shall
be parked or stored in, on or about any Lot or street within the Property, except within the
garage or screened from view to the extent permitted by the ACC. Declarant, the Association
and the ACC shall have the right to enter unenclosed portions of the Lot to remove and store,
at the Owner's expense, vehicles in violation of this Section.
0) Restrictions on Motorized Vehicles. No motorized vehicles other than
maintenance vehicles owned by the Association, the District, or oil or gas companies shall be
permitted on the Property or on the District Facilities, other than on the private road system or
private driveways. This restriction shall specifically include but not be limited to automobiles.
motorbikes, dirt bikes, snowmobiles and other recreational off-road vehicles.
(k) Vehicle Repairs. No maintenance, service, repair, dismantling or
repainting of any type of vehicle, boat, machine or device may be carried on, except within a
completely-enclosed structure which screens the sight and sound of the activity from the street
and from other Lots.
(I) Horses. Horses (not raised for resale or a commercial purpose) snail be
permitted only on the lots designated on the Subdivision Plat. Each owner of a horse snail be
financially responsible and liable for any damage caused by said horse. Any horse causing Dr
creating a nuisance or unreasonable disturbance or noise shall be permanently removed from
the Property. Each Owner shall and does hereby hold the Association and the District ha mless
from any claim resulting from any action of such Owner's horse(s) or the horse(s j cf such
Owner's guests. Each Owner electing to have one or more horses shall dispose of manure
before it becomes a fly or odor problem and shall control dust in the paddock area.
(m) Household Pets. Household pets may not be kept for any commercial
purposes, and no wildlife species, especially young or injured animals, may be kept as pets.
Dogs, cats and other household pets shall be controlled by their owner at all times, and shall
not be allowed off the owner's Lot exceptwhen properly leashed or controlled and accompanied
by the animal's owner or such owner's representative. Except for horses, no other farm
livestock not customarily considered household indoor pets shall be permitted. By way of
example but not by way of limitation, cattle, sheep, pigs, llamas, goats, ducks. geese and
chickens are not considered household indoor pets. The number or type of household pets
permitted may also be limited by Weld County regulations. Each owner of a permitted pet shall
be financially responsible and liable for any damage caused by said pet. Any pet causing or
creating a nuisance or unreasonable disturbance or noise shall be permanently removed from
the Property. Each Owner shall and does hereby hold the Association and the District harmless
from any claim resulting from any action of such Owner's pet(s) or the pet(s) of such Owner's
guests.
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