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Home My WebLink About20000443 ft LWUk_APPLICATION FLOW SHEET _ COLORADO APPLICANT: TS Skyway LLC CASE#:SPR-314 REQUEST: Site Plan Review for condominium office and warehouse LEGAL: Lots 2& 3, Block 3, Vista Commercial Center, 1st Filing, located in N2 Section 8. T2N, R68W, of the 6th P.M., Weld County, Colorado. LOCATION: Approximately 1/4 mile South of SH119, east of WCR 3-1/2, on Skyway Drive PARCEL ID #:1313 08 103003/1313 08 103002 ACRES: 5.75 DATE BY Application Received 11.29.99 KO Application Complete 11.29.99 ABJ PC Hearing Date: Action: na Utility Board Date: na PC Sign to be Posted By: na PC Sign Posted na Referrals Listed 12.3.99 ABJ Fife Assembled Referrals Mailed Chaindexed 12.3.99 ABJ Letter to Applicant Mailed Date Public Notice Published in County Newspaper na Surrounding Property & Mineral Owners Notified na Planning Technician Maps Prepared Field Check by DPS Staff (yn wg. Planning Commission Resolution Sent to Applicant na Planning Commission Meeting Minutes Filed in Case na Case Sent to Clerk to the Board na CC Hearing: Action: na CC Sign to be Posted By: na CC Sign Posicd na Plat and/or Resolution Recorded na Recorded on Maps and filed na Overlay Districts 74-1t0 L, J { '1C Zoning I-1 and C-3 4- 410747.4". Airport No GC•'` f ' 1 '9\6-1)'9\6-1)Geologic No 1 Flood Hazard No: Panel#080266 0850C 2000-0443 TI--/3•q 1' ct: SITE PLAN REVIEW 'il k Administrative Review COLORADO Case Number SPR-314 Parcel Number 1313 08 103003 & 1313 08 103002 Applicant: TS Skyway, LLC Legal Description: Lots 2 & 3, Block 3, Vista Commercial Center, 1st Filing, located in N2 Section 8, T2N, R68W of the 6th P.M., Weld County, Colorado. Zoning: Vista Commercial Center PUD (C-3/1-1) Proposed Use: Condominium Office and Warehouse Site Plan Review Standards Meets the Intent of the Weld County Zoning Ordinance Comments & MUD Plan Site Plan Certification Included in application received 11.29.99 Yes Retention Facilities Memo from Department of Public Works dated Yes Engineering Dept. Approval 12.28.99, Condition of Approval#1, 3, 4C Date Offstreet Parking Condition of Approval#2, 4A1, 42, 4A6, 4F1, 4F2, Yes Loading Areas Condition of Approval#2, 4A2, 4A3, 4F17 Yes Access Condition of Approval#1, 4F3 Yes Setback Requirements 25 feet Yes Offset Requirements 10 feet Yes Landscaping Condition of Approval#4A3, 4A4, 4A5, 4F15 Yes Trash Collection and Condition of Approval#4A3 Yes Storage Potable Water Included in application received 11.29.99, Condition Yes of Approval#4F13 Sewage Disposal Included in application received 11.29.99, Condition Yes of Approval#4F11, 4F12 Environment Standards Yes Noise Condition of Approval#4F10 Yes Air Quality Condition of Approval#4F6, 4F7, 4F8, 4F9 Yes Water Quality Condition of Approval#4F6, 4F7, 4F8, 4F12, 4F13, Yes 4F14 Radiation Condition of Approval#4F26, 4F27 Yes Heat Condition of Approval#4F26, 4F27 Yes Light Condition of Approval#4F26, 4F27 Yes Property Condition of Approval#4B, 4D, 4E, 4F4, 4F5, 4F15, Yes Maintenance 4F16, 4F18, 4F19 4F20, 4F21, 4F22, 4F23, 4F24, 4F25, 4F26, 4F27, 5, 7 This site plan review is approved with the attached conditions: 0. All transportation and drainage reports for Vista Commercial Center, First Filing, Phase 1, have been completed. Each lot shall be required to provide a drainage plan. The Storm Drainage Plan report was prepared, signed, and stamped by Pickett Engineering. The calculations and design appear to be in compliance with county standards (Public Works). 2. The internal vehicular circulation for the facility meets county standards with the following concerns: public Works) • L61IiWt e/pre'' ' 1,0nc.t/17S (Ali turn raac('ktS S . 1�,� GDda A. AASHTO standards require a 29 foot minimum distance for one-way operation with the A� \ / provision of passing a stalled vehicle by another vehicle of the same type. Please confer with the Fire District that dimensions of the areas highlighted and labeled as"Y" and "Z" are adequate. The applicant shall submit written evidence from the Fire District to the Department of Planning Services that these dimensions are adequate (Public Works). cB. / The applicant shall submit wheel track turning radius to the Department of Public Works for approval on areas highlighted and labeled as"V" (Public Works). / C. The applicant shall add Bollards to areas labeled as"B", and adequately protect gas meters v and other utility components in vehicular areas (Planning Services). j 3. Any modifications to the topography on-site, or on adjacent properties that may affect drainage on-site V (ie: berm) may require that the modifications to on-site storm drainage be reviewed by the Department of Public Works (Public Works). 4. Prior to recording the Site Plan Review plat, the applicant shall address the following to the Department of Planning Services' satisfaction: A. The plat shall be amended to delineate the following: 1) The applicant shall submit revised parking and circulation plans to the Department 2 of Public Works for approval. Written approval shall be submitted by the applicant to the Department of Planning Services. These plans shall be amended to delineate // the following: (Public Works/Planning Services). C1 A)) Section 41.1.2.2 of the Weld County Zoning Ordinance, states that, in 111 offstreet parking areas for passenger vehicles with ten (10) or more spaces, 10%of the spaces may be for small cars. The dimensions of the small car spaces may be 15% less than the standard dimensions specified above. Such spaces shall be designated by signs which indicate that they are for small or compact cars only (see item highlighted and labeled as"T"). All off- street parking shall meet the standards as outlined in Section 41.1 of the Weld County Zoning Ordinance. For 60 degree parking stalls, the stall width shall be a minimum of 9 feet in width; shall have a minimum of 21 feet from stall to curb; shall have a minimum of 18 feet aisle width; and shall have an overhang of a minimum of 1.7 feet. (Public Works/Planning Services). j B) MUD.CPolicy 2.4 states that, "Adequate pedestrian passageways between v and within developments and neighborhoods shall be encouraged." The applicant shall amend the plat to illustrate pedestrian passage. A 5 foot sidewalk along perimeter of the island shall be incorporated. Please refer to area highlighted and labeled as"W' and "X". (Building Inspection). In addition, the Americans with Disabilities Act requires access to the nearest public transportation or street. Please see highlighted area"W' and "X". (Public Works). t. 2) The applicant shall place a typical cross-section of the parking lot on the plat and identify the depth of base and asphalt or full depth of asphalt according to the Weld County Subdivision Ordinance, Sections 10.2.3 and 10.2.4, Geometric Design Standards and Road Structures. (Planning Services). 3) The loading area shall be screened in accordance with Section 2.6.3#5 of the Mixed Use Development Plan which states, "Loading, service, or storage areas must be screened with an opaque screen that is an integral part of the building architecture. Chain link fencing with slats or pallets are not an acceptable screening material. Plant material shall be used to soften the appearance of the screen." All loading areas shall comply with Section 41.2 of the Weld County Zoning Ordinance. (Planning Services). CjThe property shall adhere to screening requirements with Section 2.6.2#4 which 4) states, "Whenever the use of the property to be developed or redeveloped with conflict with the use of adjoining property, there shall be an opaque planted screen between the two properties. The screen shall moderate the impact of noise, light, aesthetic concerns and traffic." (Planning Services). 5) The applicant shall submit a revised landscaping plan to the Department of Planning 1,l Services for approval. This plan shall be in accordance with Section 2.6 of the MUD 1 (,t.N K Ordinance, as amended. This plan shall incorporate all modifications and an ��1 ` \ ��u411 approved maintenance plan,to include the following information: (Planning Services). t fa An installation schedule which specifies when the landscaping will be t/ installed on site. (Dept. of Planning Services). 3 B) A Plant Material List specifying the Botanical and Common names of all plant 1— material to be installed; the size of the plant material at installation and whether the plant material is containerized or B&B. (Dept. of Planning Services). A landscape maintenance schedule which specifically states who will perform C)Dm maintenance and that maintenance is on-going and shall not end upon final acceptance by the Department of Planning Services (Dept. of Planning Services). ✓ D) Special consideration shall be given to turf selection, as noted in Section 2.6.2(1)for appropriate selection of drought tolerant turf species to minimize water needs and the use of water hungry species of turf. (Planning Services). iv E) The applicant shall investigate the lower maintenance possibilities of extending the landscape rock to cover areas proposed as turf, which have been highlighted and labeled as"A" (Planning Services). ✓5) The applicant shall submit final lighting types compliant with Section 41.1.2.5 of the Weld County Zoning Ordinance, which states, "Lighting provided for off street parking spaces shall be arranged so as to minimize illumination onto adjoining residential uses and so as to prevent glare directed at vehicles on streets and alleys." The applicant shall submit final lighting types compliant with Section 41.1.2.4 of the Weld County Zoning Ordinance, which states, "Lighting provided for off street loading areas shall be arranged so as to minimize illumination onto adjoining residential uses and so as to prevent glare directed at vehicles on streets and alleys." UV This final lighting plan shall illustrate light placement, type,foot candle levels, and foot candle halo outline. (Planning Services). t O� B. The applicant shall enter into an Improvements Agreement According Policy Regarding for 0\6 Improvements (Private Road Maintenance) with the Weld County Department of Public Works. Written evidence shall be submitted by the applicant to the Department of Planning Services. (Public Works). V' C. The City of Longmont has requested that the grading on the south and southeast borders be such that is does not cause drainage problems or erosion to the City on Longmont's compost site property located east of this site. (City of Longmont). ✓ D. The applicant shall submit evidence to the Department of Planning Services that final approval has been received from the Mountain View Fire Protection District. (Mountain View (ry Fire Protection District). `, y"�" " E. The applicant shall enter into an Improvements Agreement according to policy regarding the 1114. 'v\ collateral for improvements and post adequate collateral for parking and landscaping k , ' requirements. (Planning Services). F. The following notes shall be placed on the plat: 1. Truck traffic shall utilize the rear circulation pattern with one-way in and one-way out. 4 2. The parking lot shall be paved and include curb, gutter, foot sidewalk, and appropriate striping. 3. The plat shall include all access points, culvert size and culvert type (Public Works). 4 In accordance with the Weld County Zoning Ordinance, no land, building, or structure shall be changed in use or type of occupancy, developed, erected, constructed, reconstructed, moved or structurally altered or operated in the commercial or industrial zone district until a Site Plan Review has been approved by the Department of Planning Services. (Planning Services). 5. Application materials propose the lease of individual units to other parties. The applicant shall submit a copy of the lease agreement and information regarding the proposed use of the leased portion to the Weld County Attorney's office,Weld County Building Inspection Department, Mountain View Fire Protection District and the Department of Planning Services for review. Based upon the proposed use and/or impacts of the leased portion, the Department of Planning Services may require a new Site Plan Review application. (Planning Services). 6. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-101, C.R.S., as amended) shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. (Health Department). 7. No permanent disposal of wastes shall be permitted at this site. (Health Department). 8. Waste materials shall be handled, stored, and disposed of in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. (Health Department). 9. Fugitive dust shall be controlled on this site. (Health Department). 10. The maximum permissible noise level shall not exceed the commercial limit of 60db(A)as measured according to 25-12-102, Colorado Revised Statutes. (Health Department). 11. Adequate toilet facilities shall be provided for the public and employees. (Health Department). 12. The facility shall utilize the existing public sewer service. (St. Vrain Sanitation). 13. The facility shall utilize the proposed public water supply. (Left Hand Water District). 14. All pesticides,fertilizer and other potentially hazardous chemicals must be stored and handled in a safe manner according to 25-8-205.5, Colorado Water Quality Control Act and rules and regulations thereof(Environmental Health). 15. Landscaping materials as indicated in the approved landscape plan shall be maintained at all times. Dead or diseased plant materials shall be replaced with materials of similar size, quantity and quality at the earliest possible time. (Planning 5 Services). 16. All structures, including signs, on site must obtain the appropriate building permits. (Planning Services). 17. No parking or staging of vehicles outside of the delineated parking areas is permitted. (Planning Services). 18. Any proposed on-site signage shall adhere to Section 42.3 of the Weld County Zoning Ordinance and Section 2.8 of the Weld County MUD District Regulations. All proposed signs shall apply for and receive a building permit. (Planning Services). 19. Temporary signage shall adhere to Section 42.3 of the Weld County Zoning Ordinance and Section 2.8 of the Weld County MUD District Regulations. (Planning Services). 20. Proper building permits shall be obtained prior to any construction or excavation. Part of the permit application process includes a complete plan review (Building Inspection). 21. The building structures will require a complete set of engineered drawings. Engineered foundation drawings shall be accompanied by a site specific geotechnical report or an "open hole" inspection performed by a licensed Colorado Professional Engineer(Building Inspection). 22. The allowable size of the structures shall be as per Sections 504 and 505 of the 1997 Uniform Building Code (UBC) (Building Inspection). 23. Distances to property lines and adjacent buildings must meet the limitations outlined in Table 5-A of the UBC (Building Inspection). 24. Separate permits are required for each tenant finish. The types of occupancies allowed may be influenced by adjacent uses. Area separation walls with appropriate foundations may be required. Floors drains with interceptors may need to be installed in existing floors in some cases. These items and other relevant provisions will be enumerated at the time of plan review for each unit(Building Inspection). 25. Both the shell of the building and the individual units shall meet the following requirements: A. Requirements for light as found in Section 1202.1 of the UBC (Building Inspection). B. Requirements for ventilation found in Section 1202.2 of the UBC (Building Inspection). C. Requirements for fire protection found in Chapter 9 of the UBC as applicable (Building Inspection). D. Requirements for the number and type of bathroom facilities found in Chapter 29 and Appendix of Chapter 29 of the UBC (Building Inspection). 6 E. Requirements for the Americans with Disabilities Act found in Chapter 11 and Appendix of Chapter 11 of the UCB (Building Inspection). F. A complete plan review shall be performed by the appropriate fire district (Building Inspection). G. Additional requirements or changes may occur at the time the complete set of plans is reviewed by the Weld County Building Inspection Department or the Fire District(Building Inspection). 26. The site shall maintain compliance with the Weld County Planned Unit Development (PUD) standards at all times. (Planning Services). 27. The site shall maintain compliance with the Weld County Mixed Use Development (MUD) standards at all times. (Planning Services). 5. Prior to the release of building permits: a. In conjunction with the requirements for the Final Plan of Vista Commercial Center, all street signs and lot identification shall be in place. (Planning Services). b. Upon approval by the Department of Planning Services, the Site Plan Review plat shall be recorded in the office of the Weld County Clerk and Recorder. (Planning Services). c. Application materials propose the lease of individual units to other parties. The applicant shall submit a copy of the lease agreement and information regarding the proposed use of the leased portion to the Weld County Attorney's office,Weld County Building Inspection Department, Mountain View Fire Protection District and the Department of Planning Services for review. Based upon the proposed use and/or impacts of the leased portion, the Department of Planning Services may require a new Site Plan Review application. (Planning Services). 6. A Site Plan Review Plat shall be prepared after the Site Plan Review application is approved. The plat shall be submitted to the planner and be ready for recording at the Weld County Clerk and Recorder's Office within 30 days of approval. The plat shall meet all requirements of Section 23.2.1.22 and 23.2.1.23 of the Weld County Zoning Ordinance. The plat shall be no larger than 24" x 36". 7. Prior to the release of the Certificate of Occupancy: a. A final inspection of the occupancy will be required by a member of the Mountain View Fire Protection District. (Mountain View Fire Protection District). sc Sit P/a,, Review conditionally approved by: Waanner an 24, 2000 4 I. i OK 666://tm 4 /axe"( @ NOW) 7 itoMEMORANDUM TO: Julie Chester, Lead Planner DATE: February 10, 2000 FROM: Donald Carroll, Engineering Administrator -- "ligeilt 'j�SUBJECT: SPR-314; TS Skyway, LLC COLORADO I have verified the transportation portion of the Improvements Agreement According Policy Regarding Collateral for Improvements for Lots 2 and 3, Block 3, of Vista Commercial Center, Phase I. The street grading, paving, curbs, gutters, culverts, and sidewalks quantities and unit costs have been calculated and verified and all appear to be adequate for the project. Fencing and landscaping shall be verified by the Planning Department. cc: SPR-314 plan4spr.wpd T.S. SKYWAY, L.L.C. ; 1232 BOSTON AVE., LONGMONT, CO 80501 February 9, 2000 Ms. Anne Best-Johnson, Long Range Planner Weld County Department of Planning Services Weld County Administrative Offices 1555 N. 17th Ave. Greeley, Colorado 80631 Dear Ms. Best-Johnson: Thank you for your very detailed Site Plan Review recently completed for our proposed project at Vista Commercial Center. Following is our written response to all of the points raised in that review, as required with final re-submittal of the Site Plan Review Nat, as well as subsequent review by other concerned parties. For the purpose of clarity and ease of reference in this letter, we will re-state the conditional clause in your 1/7/00 Administrative Review that we are taking issue with, in Italics. All points that we are in agreement with, and show compliance to, in the final Permit Application Materials and Plat Documentation, are noted as "agreed". As a point of information, the final Plat Documentation Materials consist of the enclosures with this letter and (7) pages of drawings on mylar. These drawings are also part of the full (31) page Building Permit Application, 24"X36" construction drawing set. The (7) pages, in the order referred to in this letter are: SWMP-1; A-1.1; L-l; A-7; A-8, A-6, and E-5. "....Each lot shall he required to provide a drainage plan. ... Lot drainage issues are generally dealt with in the complete set of Civil Drawings, and specifically already clearly delineated on SWMP-1, ("Stormwater Management Plan"), which was part of the SPR submittal. "Please confer (sic) with the Fire District that dimensions of areas highlighted and labeled as "Y"(2311) and "Z"(2-1f0 are adequate. The applicant shall submit written evidence from the Fire District to the Dept. of Planning Services that these dimensions are adequate. Please see the attachjed copy of a 2/1/2000 letter from Luann Penfold to John Sargent stating that"fire apparatus access is adequate on the plans submitted". The current mylar drawings submitted also deal with the issue of parking in front of the Fire Department connections at the Service Rooms by blocking out parking in those spots. 2.,13.]: "The applicant shall submit wheel track turning radius to the Dept. of Public Works for approval on areas highlighted and labeled as "V". " The parking lot has been re-designed to accommodate the various restrictions required by Public Works , Transportation. The civil engineers met with PW,T personally to demonstrate the vehicle tracking radius, vehicle passing distances and all the other functional traffic details that were of concern. PW,T said they were satisfied that all their requirements had been met, and that they would inform Planning of their consent. You should have an e-mail from Dianne Hoderling to that effect. 2.,C): "...add bollards to areas labeled "B", and adequately ...protect utility components in vehicular areas. " Agreed. We are showing many more bollards on the final drawings. See pg. A-1.1. 3.): "Any modifications... that may affect drainage on site may require... review by the Dept. of Public Works. " Agreed. We so consent . "...small car parking spaces...shall be designated by signs which indicate that they are for small or compact cars only. " Agreed. Such signage is added and shown on pg. A-7 of the Plat Submittal package. "For no degree parking stalls, the stall width shall be a minimum of 9ft. ...min. 21 ft. [long]from stall to curb, and ...have a min. 18fi aisle width. " We are showing individual parking spaces to be this stipulated width, and although the length of the standard space is shown to be 17 ft(1911 along the line),the 2411 aisle shown amply allows spaces on either side of the aisle to be 2ft longer (meeting Planning's requirement of 2l ft) , and still preserve the 20 ft min. driveway width that MVFPD requires. Public Works, Transportation has agreed in person, that our re-design meets with all their requirements. See pgs. A-1.1 and L-1. "...to illustrate pedestrian passage,... a 5ft walk along the perimeter of the island shall he incorporated,._ and access to the nearest ...street...[also indicated] A 5ft. walk is now shown on all site drawings(A-l.1,Ll, etc.)around the usable perimeter of the island , as requested. The existing sidewalks in front of 1804 and 1840 Skyway Drive will be extended to the street pavement edge at Skyway Drive to comply with the later part of this requirement. 2 "... a typical crass-section of the parking lot... identifying depth of the base and asphalt... " This is already correctly shown on as a detail on pg. L-1 of the Civil drawings. It will also be incorporated into the Nat Submittal package. 4..A...3/J: "...loading service or storage areas must he screened with an opaque screen.... " Opaque fencing screen has been added to all perimeter views of the site not already addressed by landscape planting screening. See pg A1.1, and A-8. �! e�never the use of the property to he developed... conflict[s] with the use of adjoining property, there shall he an opaque screen planted between the two properties...to moderate the impact of noise, light, aesthetic concerns and traffic. " We assume the neighboring properties in question are to the east and south of the T.S. Skyway property. The user to the east is the City of Longmont Compost Facility, and the use of the property to the south is former City of Longmont Landfill that is designated in perpetuity to remain undeveloped. We are befuddled how anyone could see the proposed development use"in conflict"with either of these uses. The noise, aesthetic concerns (odors)and traffic generated by the Compost Facility operation at the east side is far greater than anything that will occur on the T.S. Skyway property, so in actuality, you should be requiring the City of Longmont to put mitigating landscape screening in place on their property, not T.S. Skyway! 4.,A..,5), All: "...a landscaping installation schedule specking when the landscaping will be installed on site. " Agreed. A note has been added to pg. A-8 stating that: "All landscaping installation shall be completed no later than November 30, 2000." 4.,A..,5), B)): "A Plant Material List specking the Botanical and Common names...size,...and whether...containerized or B&B. .' This information has already been completely provided. See the upper right corner of pg.A-8. 4.,A..,5), C)): "A landscape maintenance schedule which ....states who will perform ... and that maintenance is on-going, and shall not end on final acceptance by the Dept. of Planning Services. " This provision is included in the Condominium Declaration and By-laws of The Skyway Drive Commercial Condominiums, which are part of the Plat Submittal Package. 4.,A..,5), D)}: "... consideration shall be given to the selection of drought tolerant turf species.... " Lawns and other irrigated areas have been designed minimum in size, primarily with water conservation in mind. Sod (as opposed to seeded lawn) is the preferred choice for establishing lawn areas, with minimal water expenditure in the establishment phase. To further satisfy your request for this point, a specification will be added to the drawings (pg. A-8)that the "Sod 3 applied shall be as drought-tolerant a variety as available to minimize water use once established." 4.,A..,5), E)): "...applicant shall investigate the lower maintenance possibilities of extending)low water use species or materials]... to cover areas proposed for turf... highlighted as "A". " Agreed. We will revise the designation of this area in question from "lawn"to "low ground cover: Blue Rug Juniper, or similar species." The green ground cover will be nice, but much lower maintenance than lawn. Agreed....site lighting schedule, plan, and typical halo outline are included by reference to the manufacturer's standard data, and as shown on page A-6 of the final Plat Documentation Materials. The lighting engineer's design parameters state that all exterior lighting fixtures shall be mounted and arranged such that there will he no glare incident on adjoining residential uses (there are no adjoining residential areas in this case), or directed at vehicles on neighboring streets and alleys (Skyway Drive is the only available neighboring street in question). The foot candle levels and halo outline isobars shall be shown on a new drawing page E-5, which is a part of the Plat Submittal Package. 4.,B./: A specific Private Road Maintenance Agreement is no longer a separate agreement, and is now included as a part of the general "Improvements Agreement According Policy Regarding Collateral For Improvements" (revised 6/97). It is enclosed with this letter. Agreed....No site drainage is intended to be diverted to the City of Longmont Compost Facility property, and this is clearly shown on page SWMP-1 of Civil drawings in the final Plat Documentation Materials. Agreed....Mountain View Fire Protection District's approval is enclosed with this letter. All the qualifying comments and stipulations noted in that approval letter, regarding system design, building address numbers, Knox boxes, and engineering requirements, have been met, and are supported in the Permit Application Materials/ Plat Documentation. Agreed (as a previous condition)....Left Hand Water District's Confirmation of Capability and Intent to provide services is shown in their letter dated 10/5/99. a copy of which is enclosed with this letter. Agreed (as a previous condition)....St. Vrain Sanitation District's Confirmation of Capability and Intent to Provide Services is shown in their letter dated 10/5/99, a copy of which is enclosed with this letter. 4 4..E.): Agreed.._an "Improvements Agreement According Policy Regarding Collateral For Improvements" stating amongst other items,that adequate capital will be held in reserve for landscaping improvements, per response attachments "A" and"B", is enclosed with this letter. Please review the items specifically addressed in the response, and if they are acceptable to the extent desired, then we can immediately have our banker(Chuck Allen @ First National Bank, Longmont) perfect a letter of credit for that verified amount. 4.F., 1 through 27.}: Agreed ... all items have been exactly restated in all their needlessly repetitive wording and poor English glory, and incorporated as notes on the final Plat, pg. A-1.1. 5, a.,b.,& c.): "Prior to Release of Building Permits" All of the stated conditions are acknowledged and agreed to, and will be conveyed to individual Condominium owners, in a timely fashion, as their need to become involved with the Planning Services and Building Inspection Processes arises. 6.}.. The Final Plat Submittal support documents are multiple pages (8 total), all in the 24"X 36" format. 7j: An inspection by Mountain View Fire Protection District will be requested and confirmed before expected release of the Certificate of Occupancy. The marked-up drawings returned to us included an area"S", which had the handicapped parking space moved one space to the west. There was no corresponding discussion of item "S" in the accompanying letter text, so we are assuming that, for whatever reason, the handicapped space needs to be moved. We have done so, just to expedite this response process. Please feel free to contact me personally, if you have questions or would like further explanation of any of these points. Sincerely yours, Stephen B. Strong, Partner, T.S. Skyway L.L.C. Rjf: encl 5 MEMORANDUM TO: Julie Chester DATE February 7, 2000 FROM: Diane M. Houghtaling, P.E. SUBJECT: Skyway Commercial Center, SPR-314 In the initial review of this development, the internal circulation was unclear. Public Works requested a drawing showing the wheel tracking and demonstrating that the internal circulation was adequate for two cars to pass in the parking lot and that large trucks had sufficient clearance around the building exterior. The developer has submitted the wheel tracking information. Several conflicts are shown. These conflicts shall be eliminated before Public Works can approved this plan. M:\W FFILES\diane\SPR-314.wpd From: LEE Morrison To: jchester Date: 2/10/00 8:18am Subject: skyway OK if name on deed or contract to purchase is t s skywayLLC Sun Construction & Design Services, Inc. 400.--4,40 General Contractor _ 1232 Boston Avenue Phone 303-444-4780 OR 970-667-0452 Longmont,CO 80501 Fax 303-444-6774 OR 970-667-0538 TRANSMITTAL PROJECT: DATE: February 2, 2000 Skyway Commercial Center TO: Weld County Building Dept 1555 N. 17th Ave. Greeley, CO 80631 ATTN: Julie Chester RE: Skyway Commercial Center WE ARE SENDING: SUBMITTED FOR: ACTION TAKEN: ❑ Shop Drawings ® Approval ❑ Approved as Submitted Letter n Your Use ❑ Approved as Noted ❑ Prints ❑ As Requested ❑ Returned After Loan ❑ Change Order ❑ Review and Comment ❑ Resubmit ❑ Plans ❑ Bids Due: ❑ Submit O Samples SENT VIA: ❑ Returned ❑ Specifications ❑ Attached ❑ Returned for Corrections n Other: ❑ Separate Cover Via: ❑ Fax Item Copies Date Item Number Description Status 1 1 2/1/00 _ Letter from fire Dept Accepting plat drawing 2 1 9 pages Milar Plat drawings Final Remarks: Please issue permit as soon as possible CC: TS Skyway Signed:_ C:\My Documents\FORMS\Transmittal Cover.doc ohn L Sargent V.P. • MOUNTAIN MOUNTAIN VIEW FIRE PROTECTION DISTRICT Administrative Office: v s 9119 County Line Road • Longmont, CO 80501 (303) 772-0710 • FAX (303) 651-7702 E + F VIE`t'I February 1, 2000 Mr. John Sargent Sun Construction& Design Services 1232 Boston Avenue Longmont, CO 80501 Dear Mr. Sargent: I have reviewed the submitted material pertaining to the Skyway Commercial Center located at 1804, 1022 and 1840 Skyway Drive, for compliance with the adopted codes and standards of the Fire District. Based on my review, I have the following comments and requirements for the project: • Buildings shall be constructed and designed in accordance with the provisions of the 1994 Edition of the Uniform Fire Code, as ratified by the Weld County Commissioners. • The largest building is approximately 39,900 square feet of type 11-N construction and protected throughout with an automatic fire sprinkler system. In accordance with Appendix III- A of the Uniform Fire Code, the required fire flow for the largest building is 2.125 gallons per minute, measured at a residual pressure or 20 pounds per square inch. Hydrant locations as shown on the submitted plans are acceptable and based on previous flow tests conducted in the area, the Fire District will recognize that the required fire flow is available. Fire hydrants must be in service before combustible building materials are delivered to the site. If ground cover and shrubbery is desired around lire hydrants for aesthetic purposes. the ground cover and shrubbery may not exceed 4 inches height. • Fire apparatus access is adequate as indicated on the plans submitted, except that it appears parking may be located in front of the Fire Department Connections to the fire sprinkler systems. Please note the location of the underground fire lines in relationship to the identified parking spaces. The District will not allow parking in front of the FDC's for the sprinkler system. Fire apparatus access roads must be designed and maintained to support the imposed loads of tire apparatus (60,000 pounds), must have a surface that provides all- weather driving capabilities and be free from obstructions which includes locked gates. Access roads will need to be constructed and approved at the time building construction begins. • Approved address numbers shall be placed on the building and unit spaces in such a position to be plainly visible and legible from the street fronting the property. Address numbers or letters shall contrast with their background. Station 1 Station 2 Station 3 Station a Station 5 Station 5 ;favor.' 9119 Car/Line Rd. '0971 NCR IS P0.Box 575 PO Ent( 't 109t'O000:n Run PC Sox Edo RO pox 40 Longmont.CO Longmont.00 299 Palmer Ave 8500 Niwot Road Latnvege.CO 600 Brings '00= v 90501 80504 bleach 0380512 Niwot.CO 80544 80026 Erie CO80418 Oaccro CO fi,l5'1 Mr. John Sargent February 1, 2000 Page Two • A fire department key box (Knox Box) is required to be installed at a Fire District approved location on the exterior of each building. Suitable boxes are Models 3200 and 4400. Models 3200R and 4400R are available for recessed mounting. An application for these boxes has been enclosed and should be returned directly to the Knox Company. You may order all three required boxes using the same order form. • Plans for the fire sprinkler must be submitted to the Fire District for review and approval prior to installation. Fire alarm system drawings must be submitted for review and approval prior to installation. All plan submittals must include specification sheets for all devices to be installed. • Portable fire extinguishers, with appropriate location markers, are required to be installed in each unit. Generally, the Fire District requires that five pound extinguishers rated for Class A:B:C fires be mounted in accessible locations, mounted three to five feet above the floor, and be located so that the actual travel distance from any point in a building to an extinguisher does not exceed 75 feet. Extinguishers must be provided with current inspection tags and will be required before units are occupied by any tenant. • A final inspection of each building will be required by a member of the Fire District before any Certificate of Occupancy is issued from Weld County. If these buildings will need a Certificate of Occupancy for a core and shell prior to tenant finish, the buildings must be in compliance with the codes and standards of the Fire District for the core and shell before the District will give approval. All requests for inspections should be made to the Fire Prevention Office at least three business days in advance. • Fees are 550 per hour, per inspector. for any failed inspection that would require an inspector to return to the site for additional inspection. • As tenants are identified, detailed floor plans showing the office layout and or arehouse layout and occupancy classification needs to be submitted to the Fire District for review and approval. If new walls or ceilings for tenant finishes alter the coverage of the existing fire sprinkler system (approved for core and shell), plans for sprinkler system alteration must he submitted to the Fire District for review and approval prior to work commencing. • During tenant finish work, the fire sprinkler system shall remain in service at all times unless it is actually being worked on. In all cases, the work shall be planned so that the system is not left out of service over night or over a weekend. If it is absolutely necessary to take the system out of service over night, then a tire watch will be required. Please notify the Fire Prevention Office at any time the system is taken out of service. • If any building tenant plans to use, store or handle flammable or combustible liquids: or hazardous materials, information on the type and quantities of these materials will need to be submitted to the Fire District for review so further building and storage requirements may he Mr. John Sargent February 1, 2000 Page Three addressed. The list should identify the names of the chemicals and the maximum quantities to be stored. • Storage of combustible materials in closely packed piles, on pallets, in racks or on shelves where the top of the storage is greater than 12 feet (6 feet for high-hazard commodities) is subject to special fire-protection and life-safety requirements if the aggregate areas of such storage exceeds 500 square feet. If any such storage arrangements are contemplated by any tenant, the Fire District needs to be made aware of this so that the appropriate review and evaluation of the storage area can be completed. • Should changes be made to the plans additional review and comment will be necessary. The Fire District reserves the right to make further comments as the project proceeds. 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. Should you have any questions, please contact me at(303) 772-0710. Sincerely, a �1� 'C LuAnn Penfold Fire Marshal LMP/Ip Enclosure - Knox Box Order Form cc: Roger Vigil. Weld County Building Department. 1555 N. I 711 Avenue. Greeley. 30651 project file file Ip02.0I.00 CT. 7. 1999 cSL. (lAain cSanttation 7 L tzi�E (c'aihE cwt) 746.;ion[ 9.co. Bct(2,..y. 0303)716-9570 436 _00 (3°3) 774-234°jar Zonymcat.CD Sc5ez-0q E October 5, 1999 T.S. Skyway , LLC Arn: Scott Roberts/John Sargeant/Stephen Strong 1232 Boston Ave. Longmont, CO 80501 Re: Sanitary Sewer Service Vista Commercial Center Saint Vrain Sanitation District will provide sanitary sewer service to the three lots located at 1780, 1792 and 1804 Skyway Drive, Longmont, CO. Request for Connection forms have been completed and applicable tap fees have been received. • Service will be subject to the rules and regulations of the St. Vrain Sanitation District. Sincerely yours. St. Vrain Sanitation District .dark A. Peterson Manager mamommeami LEFT HAND WATER DISTRICT IIIMMIUmmuil Bisag-- October 5, 1999 John Seargent Re: Vista Commercial Block 3 Lot 4 TO WHOM IT MAY CONCERN: The property located at the above address or legal description is within the "SERVICE AREA" of Left Hand Water District . The tap fee for the above named property has been paid. This entitles one commercial uni.t to receive water service at this location. If you have further questions regarding this matter, you may contact me at the District office . Sincerely, Kathryn A. Pet -son Genera, Manager P.O. th;x 210 •ti iwot ('t)• 80544•(303) 530-4200 • Fax {3(U) 530-5252 LO " d ZSZ5 OES EO£ 1.s6C puPH 4J-a-1dSO : ZO 66-50-1- 0 � 4 Sun Construction & Design Services, Inc. 11/41.-.04# General Contractor Asir 1232 Boston Avenue Phone 303-444-4780 OR 970-667-0452 Longmont,CO 80501 Fax 303-444-6774 OR 970-667-0538 TRANSMITTAL PROJECT: DATE: January 27, 2000 Skyway Commercial Center TO: Weld County Planning Dept. ATTN: Julie Chester RE: Skyway Commercial Center WE ARE SENDING: . SUBMITTED FOR: ACTION TAKEN: 71 Shop Drawings ❑ Approval LI Approved as Submitted ❑ Letter ❑ Your Use El Approved as Noted ❑ Prints ❑ As Requested El Returned After Loan ❑ Change Order ❑ Review and Comment El Resubmit ❑ Plans ❑ Bids Due: El Submit ❑ Samples SENT VIA: ❑ Returned ❑ Specifications El Attached El Returned for Corrections 34 Other: ❑ Separate Cover Via: ❑ Fax Item Copies Date Item Number Description Status 1 1 1/14 Condo declarations revised _ 2 1 Exhibit A To include fencing Remarks: Please issue permit as soon as possible CC: Signed: at (� C:\My Documents\FORMS\Transmittal Cover.doc John L Sargent P. ADDENDUM D DO NOT RECORD THE CONDOMINIUM DECLARATION OF THE SKYWAY DRIVE COMMERCIAL CONDOMINIUMS THIS DOCUMENT WAS DRAFTED BY, AND AF 1ER RECORDING, RETURN TO: William A. Love, Esq. Co Wells, Love & Copyright 2000 Scoby LLC William Love 225 Canyon Blvd. BAll y Rights Reserved Boulder, CO 80302 DO NOT RECORD 1/14/00(303)449-1400 TABLE OF CONTENTS PREAMBLE 1 ARTICLE ONE: DEFINITIONS 1.1 Allocated Interests 2 1.2 Articles 2 1.3 Assessments 2 1.4 Assessment Lien 2 1.5 Association 3 1.6 Board of Directors or Board 3 1.7 Building 3 1.8 Bylaws 3 1.9 Common Elements 3 1.10 Common Expense Assessments 4 1.11 Common Expense Assessment Liability 4 1.12 Common Expenses 4 1.13 Condominium Community 4 1.14 Condominium Unit or Units 4 1.15 Costs of Enforcement 4 1.16 County 4 1.17 Declarant 4 1.18 Declaration 4 1.19 Development Rights and Special Declarant Rights 4 1.20 Eligible Mortgagee 4 1.21 First Mortgagee 4 1.22 Guest 5 1.23 Limited Common Elements 5 1.24 Managing Agent 5 1.25 Map 5 1.26 Member 5 1.27 Notice and Hearing 5 1.28 Owner 5 1.29 Period of Declarant Control 6 1.30 Person 6 1.31 Project Documents 6 1.32 Rules 6 1.33 Security Interest 6 1.34 Special Assessments 6 1.35 Supplemental Declaration 6 1.36 Turnover Date 6 1.37 Units That May Be Created 6 -i- ARTICLE TWO: NATURE AND INCIDENTS OF THE CONDOMINIUM COMMUNITY 7 2.1 The Condominium Community 7 2.2 Initial Number of Units 2.3 Title 7 2.4 Description of a Condominium Unit 7 2.5 Combination of Units 7 2.6 Resubdivision of a Unit 8 2.7 Combination/Subdivision Procedure 8 2.8 Unit Boundaries 8 2.9 Physical Boundaries 9 2.10 Inseparability of a Unit 9 2.11 No Partition 9 2.12 Limited Common Elements 9 2.13 Compliance with Provisions of Declaration, Articles and Bylaws of the Association 9 2.14 Liens Against Condominium Units-Removal From Lien-Effect of Part Payment 10 2.15 Parking Spaces 11 ARTICLE THREE: VARIOUS RIGHTS AND EASEMENTS 12 3.1 Owner's Rights in the Common Elements 12 3.2 Owner's Rights in the Limited Common Elements 12 3.3 Delegation of Use 12 3.4 Owner's Easement for Support and Utilities 12 3.5 Easements for Encroachments 12 3.6 Easements in Condominium Units for Repair Maintenance and Emergencies 12 3.7 Emergency Easements 13 3.8 Utility Easements 13 3.9 Easements Deemed Appurtenant 13 ARTICLE FOUR: THE ASSOCIATION 14 4.1 Name 14 4.2 Purposes and Powers 14 4.3 Board of Directors 14 4.4 Articles and Bylaws 14 4.5 Membership 14 4.6 Voting Rights 14 4.7 Declarant Control of the Association 15 -ii- 4.8 Indemnification 15 4.9 Certain Rights and Obligations of the Association 15 4.10 Certain Rights and Obligations of the Declarant 16 ARTICLE FIVE: ASSESSMENTS 17 5.1 Obligation 17 5.2 Purpose of the Assessments 17 5.3 Date of Commencement of the Common Expense Assessment. 17 5.4 Special Assessments 17 5.5 Individual Assessments 18 5.6 Fines 18 5.7 Levy of Assessments 18 5.8 Due Date 18 5.9 Remedies for Nonpayment of Assessments 19 5.10 Assessment Lien 19 5.11 Certificate of Assessment Status 20 5.12 Surplus Funds 20 ARTICLE SIX: RESTRICTIVE COVENANTS AND OBLIGATIONS 21 6.1 Use and Occupancy 21 6.2 Use of the Common Elements 21 6.3 No Unlawful Use 21 6.4 Signs 21 6.5 Antennas and Other Exterior Equipment 21 6.6 Pets Within the Condominium Community 21 6.7 Property to be Maintained 22 6.8 No Noxious, Offensive, Hazardous or Annoying activities 22 6.9 Rules and Regulations 23 6.10 Exterior Modifications 23 6.11 Vehicular Parking and Storage 23 6.12 Owner Caused Damages 24 6.13 Leasing and Renting 24 ARTICLE SEVEN: INSURANCE/CONDEMNATION 25 7.1 Condominium Insurance 25 7.2 Liability Insurance 27 7.3 Additional Insurance 117 7.4 Premiums 27 7.5 Separate Insurance 28 7.6 Damage to Property 28 7.7 Condemnation 28 -iii- ARTICLE EIGHT: MAINTENANCE, REPAIR, RECONSTRUCTION AND RESTORATION 29 8.1 By the Association 29 8.2 By the Owner 29 8.3 Manner of Repair and Replacement 29 8.4 Additions, Alterations or Improvements by the Unit Owners (Architectural Control) 29 8.5 Duty to Restore Upon Damage or Destruction 30 ARTICLE NINE: DEVELOPMENT RIGHTS AND SPECIAL DECLARANT RIGHTS 31 9.1 Reservation 31 9.2 Rights Transferable 31 9.3 Limitations 31 9.4 Interference with Declarant Rights 32 9.5 Use by Declarant 32 9.6 Models, Sales Offices and Management Offices 32 9.7 Declarant's Easements 32 9.8 Signs and Marketing 32 ARTICLE TEN: EXPANSION 33 10.1 Reservation of Right to Expand 33 10.2 Supplemental Declarations and Supplemental Condominium Maps 33 10.3 Expansion of Definitions 33 10.4 Declaration Operative on New Properties 33 10.5 interests on Enlargement 33 10.6 Taxes, Assessments and Other Liens 34 10.7 Project Treated as a Whole 34 10.8 Termination of the Right of Expansion 34 ARTICLE ELEVEN: DURATION, AMENDMENT AND i'ERIVIINATION OF THE DECLARATION 35 11.1 Duration 35 11.2 Amendments by Owners 35 11.3 Amendments by Declarant 36 11.E Consent of Declarant 36 11.5 Termination 36 -iv- ARTICLE TWELVE: DISPUTES, DISPUTE RESOLUTION AND LITIGATION 37 12.1 Consensus for Association Lineation 37 12.2 Mediation and Arbitration ARTICLE THIRTEEN: GENERAL PROVISIONS 38 13.1 Successors and Assigns 38 13.2 SeverabiIity 38 13.3 No Waiver 38 13.4 Conflict 38 13.5 Registration by Owner of Mailing Address 38 13.6 Master Declaration 38 13.7 Captions 38 13.8 Numbers and Genders 38 EflUBITS A LEGAL DESCRIPTION OF THE REAL PROPERTY SUBMITTED TO THE CONDOMINIUM DECLARATION OF THE SKYWAY DRIVE COMMERCIAL CONDOMINIUMS (FIRST PHASE) B LEGAL DESCRIPTION OF THE REAL PROPERTY WHICH MAY BE SUBMITTED TO THE SKYWAY DRIVE COMMERCIAL CONDOMINIUM REGPvIE IN LATER PHASES C TABLE OF INTERESTS (FIRST PHASE) -v- TYE CONDOMINIUM DECLARATION OF THE SKYWAY DRIVE CONL ERCIAL CONDOMINIUMS PREAMBLE THIS DECLARATION is made on the date hereinafter set forth, by T.S. SKYWAY, LLC, a Colorado limited liability company ("Declarant"). WHEREAS, the 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 commercial condominium community on said real property together with other improvements thereon; and NOW THEREFORE, the Declarant hereby submits the Property, together with all rights, and appurtenances thereto and improvements :hereon to the provisions of the Colorado Ownership Act of the State of Colorado, C.R.S. § 3a-=3-101, et seq., as it may be amended from time 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. The Declarant hereby declares that all of the said Property shall be held•and conveyed subject to the following covenants, conditions and restrictions. all of which are declared and agreed to be for the benefit of any persons having any right, title or interest in the said Property. Said covenants, conditions and restrictions shall be deemed to run with the land and shall be a burden and a benefit to any persons acquiring any interest in the said Property, their grantees, heirs, legal representatives, successors and assigns. Copyright C° 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 ALLOCATED INTERESTS means the votes, the Percentage Ownership Interest in the Common Elements and the Common Expense Assessment Liability which are allocated to each of the Units in the Condominium Community. The formulas used to establish the Allocated Interests are as follows: (a) Votes. Each Unit in the Condominium Community is entitled to the number of votes calculated in accordance with Paragraph 4.6 hereof. (b) Interest in the Common Elements. The undivided Percentage Ownership Interest in the Common Elements appurtenant to a particular Condominium Unit has been determined on the basis of the proportion which the approximate finished square footage area of each Unit bears to the total approximate finished square footage area of all Units then within the Condominium Community, as more fully set forth on the attached Exhibit C. (c) Common Expense Assessment T iFility. All Common Expenses shall be assessed against Units on the basis of the proportion which the approximate finished square footage area of each Unit bears to the total approximate finished square footage area of all Units then within the Condominium Community, as more fully set forth on the attached Exhibit C. In the event that the Declarant exercises its right to enlarge this Condominium Community in Phases by submitting to the Condominium Community additional real property in accordance with ARTICLE TEN hereof, the Percentage Ownership Interest in the Common Elements and the Common Expense Assessment Liability set forth above will be reallocated by the Declarant in accordance with the above. 1.2 ARTICLES means the Articles of Incorporation of the Association. 1.3 ASSESSMENTS means the (a) Common Expense Assessment, (b) Special Assessment, (c) Individual Assessment, and (d) Fines levied pursuant to this Declaration. 1.4 ASSESSMENT LIEN means the statutory lien on a Unit for any Assessment levied against that Unit 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. 1.5 ASSOCIATION means THE SKYWAY DRIVE COMMERCIAL CONDOMINIUM ASSOCIATION, a Colorado Corporation, not for profit, its successors and assigns. 1.6 BOARD OF DIRECTORS or BOARD means the Board of Directors of the Association duly appointed pursuant to the Bylaws of the Association or appointed by the Owners as therein provided. 1.7 BUILDING means the buildings comprising part of the Condominium Community. 1.8 BYLAWS means the Bylaws which are adopted by the Board of Directors for the regulation and management of the Association. 1.9 COMMON ELEMENTS means all of the Condominium Community, as hereinafter defined, except the portions thereof which constitute Condominium Units, and also means all parts of the Building or any facilities, improvements and fixtures which may be within a Condominium Unit which are or may be necessary or convenient to the support, existence, use, occupation, operation, maintenance, repair or safety of the Building or any part thereof or any other Condominium Unit therein and includes those Common Elements which are assigned to the exclusive use of one or more, but not all of the Condominium Unit Owners. Without limiting the generality of the foregoing, the following shall constitute Common Elements: (a) the land, landscaping, driveway, certain parking spaces and easements which are a pan of the Condominium Community; and (b) all foundations, columns, girders, beams and supports of the Building; and (c) the exterior walls of the Building, the main bearing or utility walls within the Building, the main or bearing subflooring and the roofs of the Building; and (dl in general, all other parts of the Condominium Community necessary for common use or convenient to its existence, maintenance and safety'. -3— 1.10 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. 1.11 COMMON EXPENSE ASSESSMENT LIABILITY means the liability for Common Expenses allocated to each Unit which is determined in accordance with that Unit's Allocated Interests as set forth in Paragraph 1.1 hereof. 1.12 COMMON EXPENSES means expenditures made by or liabilities incurred by or on behalf of the Association. 1.13 CONDOMINIUM COMMUNITY means such real property and the improvements located thereon as more fully described on Exhibit A attached hereto. 1.14 CONDOMINIUM UNIT or UNITS means the fee simple interest and title to a Commercial Condominium Unit together with the undivided interest in the Common Elements appurtenant to such Condominium Unit. 1.15 COSTS OF ENFORCEMENT means all fees, late charges, interest, expenses, including 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. 1.16 COUNTY means Weld County, Colorado. 1.17 DECLARANT means TS SKYWAY, LLC, a Colorado Limited Liability Company, or its successors and assigns. 1.18 DECLARATION means THE CONDOMINIUM DECLARATION OF THE SKYWAY DRIVE COMMERCIAL CONDOMINIUMS, as may be amended from time to time. 1.19 DEVELOPMENT RIGHTS AND SPECIAL DECLARANT RIGHTS means the rights as defined by §§ 38-33.3-103(14) and 38-33.3-103(29) of the Act reserved by the Declarant under ARTICLE TEN hereof. 1.20 ELIGIBLE MORTGAGEE means a holder, insurer or guarantor of a First Security Interest who has delivered a written request to the Association containing its name, address, legal description, requesting that the Association notify it of any proposed action requiring the consent of the specified percentage of Eligible Mortgagees. 1.21 FIRST MORTGAGEE means any Person which owns a first deed of trust encumbering a Unit within the Condominium Community. -4— 1.22 GUEST means (a) a guest or invitee of an Owner; (b) an occupant or tenant of a Unit within the Condominium Community, and any members of his or her household, invitee or cohabitant of any such person; (c) a contract purchaser; or (d) an employee, customer or client of an Owner or tenant. 1.23 LIMITED COMMON ELEMENTS means the Common Elements which are assigned to the exclusive use of one or more, but not all, of the Unit Owners except by invitation, and may be identified as Limited Common Elements on the Map and described herein. 1.24 MANAGING AGENT means any one or more persons employed by the Association who is engaged to perform any of the duties or functions of the Association. 1.25 MAP means THE CONDOMINIUM MAP OF THE SKYWAY DRIVE COMMERCIAL CONDOMINIUMS, which is an engineering survey (and any supplements and amendments thereto) of the Condominium Community depicting and locating thereon the location of the Building, the Condominium Units with their identification numbers, the Common Elements and Limited Common Elements, the floors and elevations, and all of the land and improvements thereon, which Map is incorporated herein and made a part of this Declaration by reference. Declarant hereby reserves unto the Board of Directors of the Association the right, without consent of any Owner or First Mortgagee, to amend the Map and any supplements thereto to (a) insure that the language and all particulars used on the Map and contained in the Declaration are identical, (b) establish, vacate, reconfigure and relocate easements and parking spaces, (c) establish certain Common Elements as Limited Common Elements, and (d) reflect the subdivision or combination of any Unit as provided hereunder. Declarant hereby reserves unto itself the right, without the consent of any Owner or First Mortgagee, to amend the Map and any supplement hereto (a) in accordance with ARTICLE TEN hereof, and (b) to reflect the subdivision or combination of any Unit so long as such amendment is made prior to the expiration of the Declarant's Rights as set forth in paragraph 9.3 hereof. In all other cases, the Map may be amended in accordance with Paragraph 11.2 hereof. The Map and any supplements thereto are hereby incorporated herein by reference as if set forth in their entirety. 1.26 MEMBER means each Owner, as set forth in Paragraph 1.28 hereof. 1.27 NOTICE AND HEARING means a written notice and an opportunity for a hearing before the Board of Directors in the manner provided in the Bylaws. 1.28 OWNER means the owner of record of the fee simple title to any Unit which is subject to this Declaration. -5- 1.29 PERIOD OF DECLARANT CONTROL means that period of time defined in Paragraph 4.7 hereof. 1.30 PERSON means a natural person, a corporation. a partnership, an association, a trustee, a limited liability company, a joint venture, or any other entir: recognized as being capable of owning real property under Colorado law. 1.31 PROJECT DOCUMENTS means this Declaration, the Map, the Articles of Incorporation and Bylaws of the Association, and the Rules and Regulations of the Association, if any. 1.32 RULES means the Rules and Regulations adopted by the Board of Directors for the regulation and management of the Condominium Community as amended from time to time. 1.33 SECURITY INTEREST means an interest in real estate or personal property created by contract which secures payment of any obligation. The term includes a lien created by a deed of trust, contract for deed, land sales contract, or UCC-1. 1.34 SPECIAL ASSESSMENT means those Assessments defined in Paragraph 5.4 hereof. 1.35 SUPPLEMENTAL DECLARATION means a written instrument containing covenants, conditions and restrictions which is recorded, annexing in accordance with ARTICLE TEN hereof, a portion of the real property described on Exhibit B hereof to the Condominium Community. 1.36 TURNOVER DATE means the date the Declarant Control of the Association terminates as more fully set forth in Paragraph 4.7 hereof. 1.37 UNITS THAT MAY BE CREATED means thirty-one Units, which shall be the maximum number of Units that may be subject to this Declaration, including those Units which may be included if all of the property described on Exhibit B hereof is annexed to the Condominium Community and made subject to this Declaration. In the event additional real property is made subject to this Declaration in the manner provided for in ARTICLE TEN hereof, certain terms defined above shall be expanded to encompass said property from the date such additional real property is made subject to this Declaration. -6- ARTICLE TWO: NATURE AND INCIDENTS OF THE CONDOMINIUM CONLMUNITY 2.1 The Condominium Community. The name of the Condominium Community is THE SKYWAY DRIVE COMMERCIAL CONDOMINIUMS. It is a Condominium Community. 2.2 Initial Number of Units. The number of Units within the First Phase of the Condominium Community is seven. The Declarant reserves the right but not the obligation to create additional Units by the expansion of the Condominium Community in accordance with .ARTICLE TEN hereof. 2.3 Title. A Unit may be held and owned in any real property tenancy relationship recognized under the laws of the State of Colorado. 2.4 Description of a Condominium Unit. A sufficient description of a Condominium Unit shall be as follows: BUILDING NO. _, UNIT NO. _, THE SKYWAY DRIVE COMMERCIAL CONDOMINIUMS, according to THE CONDOMINIUM MAP OF THE SKYWAY DRIVE COMMERCIAL CONDOMINIUMS, recorded on , 2000 as Reception No. , and as defined by THE CONDOMINIUM DECLARATION OF THE SKYWAY DRIVE COMMERCIAL CONDOMINIUMS, recorded on , 2000 as Reception No. in the Office of the County Clerk and Recorder, Weld County, Colorado. Every description shall be good and sufficient for all purposes to sell, convey, encumber or otherwise affect not only the Condominium Unit, but also the Common Elements and Limited Common Elements appurtenant thereto. Each such description shall be construed to include: a nonexclusive easement for appropriate ingress and egress throughout the Condominium Community and for the use of the appropriate exclusive use of the Limited Common Elements; and all other easements, covenants, conditions and restrictions created in this Declaration. The reference to the Map and Declaration in any instrument shall be deemed to include any amendments to the Map or Declaration, without specific references thereto. The undivided interest in the Common Elements appurtenant to any Unit shall be deemed conveyed or encumbered with that Unit, even though the legal description and the instrument conveying or encumbering said Unit may only refer to the title to that Unit. 2.5 Combination of Units. The Owner or Owners of one or more Units, shall have the right to: (a) physically combine the entire space within one Unit with the entire space within one or more adjoining Units; or (b) combine a part of or combination of pans of the space of one Unit with a part of or combination of pans of the space within one or more adjoining Units. Upon the combination of any Units, the Unit resulting from such combination shall be allocated the undivided interest of the predecessor Units in the Common Elements. 2.6 Resubdi ision of a Unit. An Owner or Owners shall have the right to (a) resubdivide the space within a unit to its original configuration subsequent to any combination of Unit space permitted hereunder or (b) resubdivide the space, or a part of the space, within a Unit to create additional Units. Upon the resubdivision of any Unit, the Units resulting from such resubdivision shall be allocated by the Board of Directors a proportionate interest in the Common Elements and Common Expense Assessment Liability in accordance with the allocation set forth in Paragraph 1.1 hereof. Such allocation shall be reflected by an amendment to the Schedule of Interests (Exhibit B attached hereto and incorporated herein). The provisions of Paragraph 10.2 notwithstanding, the Board of Directors may amend the said Schedule of Interests (Exhibit B) from time to time to reflect said resubdivision without the necessity of the consent thereto, or joinder therein, by the Owners or First Mortgagees.. 2.7 Combination_ Subdivision Procedure. In order to combine or resubdivide any Units as provided above, :he Owners of such Units shall submit an application to the Board of Directors, which shall include: (a) evidence that the proposed combination or subdivision of a Unit or Units complies with all building codes, fire codes, zoning codes, and other applicable ordinances adopted and enforced by the City; (b) that the proposed combination does not violate the terms of any mortgage encumbering the Unit; (c) the proposed realloct dons to the Table of Interests; (d) the proposed form for amendments to the Declaration, including the Map, as may be necessary to show the Unit or Units which are created by the combination or resubdivision of a Unit or Units and their dimensions and identifying numbers; (e) the proposed change to the exterior of the Building. if any: if) a deposit for attorney's fees and costs which the Association may incur in reviewing and effectuating the transaction, in an amount reasonably estimated by the Board of Directors: and (g) such other information as may be reasonably requested by the Board. 2.8 Unit Boundaries. The interior unfinished surfaces of the perimeter walls, lowermost floors and uppermost ceilings shall mark the perimeter boundaries of a Unit as shown on the Map, and all lath, furring. wallboard, plasterboard, plaster, paneling, tiles, wallpaper, paint, finished flooring and any other materials constituting any part of the finished surfaces thereof are a part of the Units, and all other portions of the walls, floors, or ceilings are part of the Common Ele- ments. If any chute, flue, duct, wire, conduit, bearing wall, bearing column, or any fixtures lies partially within and partially outside the designated boundaries of a Unit, any portion thereof serving only that Unit is a Limited Common Element allocated solely to that Unit, and any portion thereof serving more than one Unit or any portion of the Common Elements is a part of the Common Elements. -8- Any exterior doors and windows or other fixtures designed to serve a single Unit, but located outside the Unit's boundaries, are Limited Common Elements allocated exclusively to that Unit. Subject to the above, all spaces, interior partitions, and other fixtures and improvements located within the boundaries of a Unit are a part of the Unit. 2.9 Physical Boundaries. The existing physical boundaries of any Unit or Common Elements shall be conclusively presumed to be the boundaries. 2.10 Inseparability of a Unit. An Owner's undivided interest in the Common Elements shall not be separated from the Condominium Unit to which it is appurtenant and shall be deemed to be conveyed or encumbered with the Condominium Unit even though the interest is not expressly mentioned or described in a deed or other instrument. 2.11 No Partition. Except as provided in Paragraph 2.7 hereof, the Common Elements shall remain undivided, and no Owner or any other person shall bring any action for partition or division of the Common Elements. Similarly, no action shall be brought for the physical partition or subdivision of a Unit between or among the Owners thereof, provided, however, an action of partition of a Unit shall be permitted by a sale and the division of the sale proceeds. 2.12 Limited Common Elements. A portion of the Common Elements reserved for the exclusive use of the individual Unit Owners of the respective Units are referred to as "Limited Common Elements." The Limited Common Elements so reserved are defined herein and as designated as Limited Common Elements on the Map. Such Limited Common Elements are appurtenant to and shall not be partitioned from the Unit to which they are reserved, and no reference thereto is required to be made in any deed, deed of trust, or other instrument describing the Unit. 2.13 Compliance with Provisions of Declaration, Articles and Bylaws of the Association. Each Owner shall comply strictly with, and shall cause each of his or her Guests to comply strictly with, all of the provisions of this Declaration and the Articles and Bylaws of the Association, and the decisions, rules, regulations and resolutions of the Association adopted pursuant thereto, as the same may be lawfully amended from time to time. Failure to comply with any of the same shall be grounds for an action to recover sums due and for damages or injunctive relief or both, along with costs of suit and reasonable attorneys' fees, maintainable by the Board of Directors in the name of the Association on behalf of the Owners, or, in a proper case, by any aggrieved Owner. -9- 2.14 Liens Against Condominium Units - Removal From Lien - Effect of Part Payment. Liens or encumbrances shall only arise or be created against each Condominium Unit and the percentage of undivided interest in the Common Elements appurtenant to the Condominium Unit, in the same manner and under the same conditions as liens and encumbrances may arise or be created upon any other parcel or real property subject to individual ownership. No labor performed or materials furnished, with the consent or at the request of an Owner or his or her agent, shall be the basis for the filing of a lien pursuant to law against the Unit of another Owner not expressly consenting to or requesting the same, except that express consent shall be deemed to be given by the Owner of any Unit to the Board in the case of emergency repairs. Labor performed or materials furnished for the Common Elements, if duly authorized by the Board of Directors in accordance with the Declaration or Bylaws, shall be deemed to be performed or furnished with the express consent of each Owner, and shall be the basis for the filing of a lien pursuant to law against each of the Units within the Condominium Community. In the event a lien is effected against two or more Units, the Owners of each of the separate Units may remove their Condominium Unit and the percentage of undivided interests in the Common Elements appurtenant to said Condominium Unit from the lien by payment of the fractional or proportional amount attributable to each of the Units affected. Individual payment shall be computed by reference to the percentages appearing in this Declaration. Subsequent to payment, discharge or other satisfaction, the Unit shall be released from the lien paid, satisfied or discharged. Partial payment, satisfaction or discharge shall not prevent the lienor from proceeding to enforce his or her rights against any Unit not so released or discharged. Each Owner shall indemnify and hold each of the other Owners harmless from and against liability or loss arising from the claim of any lien against the Unit of the Owner, or any part thereof, for labor performed or for materials furnished in the course of work performed on such Owner's Unit. At the written request of any Owner, the Board shall enforce such indemnity by collecting from the Owner of the Unit on which the labor was performed and materials furnished the amount necessary to discharge any such lien and all costs incidental thereto, including reasonable attorneys' fees by an Individual Assessment against such Owner in accordance with Paragraph 5.5 hereof. -10- 2.15 Parking Spaces. All Parking Spaces as designated on the Map shall be a part of the Common Elements; provided, however, that the Board shall maintain control thereof and shall have the right to assign and reassign Parking Spaces to Owners within the Condominium Community. Some of these Parking Spaces shall be designated for the use of the handicapped, and some Parking Spaces shall be designated for use by Guests visiting the Condominium Community. These Parking Spaces are not appurtenant to a Unit purchased. -11- ARTICLE THREE: VARIOUS RIGHTS AND EASEMENTS 3.1 Owner's Rights in the Common Elements. Every Owner and such Owner's Guests shall have the nonexclusive right and easement of use and enjoyment in and to the Common Elements which shall be appurtenant to and shall pass with the title of the Unit to such Owner. 3.2 Owner's Rights in Limited Common Elements. Each Owner and his or her Guests shall have an exclusive right to use and enjoy the Limited Common Elements as designated on the Map and defined herein as appurtenant to the Unit owned by such Owner. 3.3 Delegation of Use. Any Owner may delegate his or her right of enjoyment to the Common Elements and Limited Common Elements to their Guests. 3.4 Owner's Easement for Access. Support and Utilities. Each Owner shall have a nonexclusive easement for access between his or her Condominium Unit and the roads and streets within and adjacent to the Condominium Community. There shall be no restrictions upon any Owner's right of ingress and egress to or from such Owner's Unit. Each Owner shall have a non-exclusive easement in and over the Common Elements within the Condominium Community including the Common Elements within the Condominium Unit of another Owner, for horizontal and lateral support of the Condominium Unit which is part of his or her Unit, and for utility service to the Condominium Unit, including water, sewer, gas, electricity, telephone and television service. 3.5 Easements for Encroachments. If any part of the Common Elements encroaches or shall hereafter encroach upon a Condominium Unit, an easement for such encroachment and for the maintenance of the same shall and does exist. If any part of a Condominium Unit encroaches or shall hereafter encroach upon the Common Elements, or upon another Condominium Unit, the Owner of that Condominium Unit shall and does have an easement for such encroachment and for the maintenance of same. The easement shall extend for whatever period the encroachment exists. Such easements for encroachments shall not be considered to be encumbrances either on the Common Elements or on a Condominium Unit. Encroachments referred to herein include, but are not limited to, encroachments caused by error in the original construction of the Building, by error in the Map, by settling, rising or shifting of the earth, or by changes in position caused by repair or reconstruction of the Condominium Community or any part thereof or by any other movement of any portion of the improvements located upon the Condominium Community. 3.6 Easements in Condominium Units for Repair, Maintenance and Emergencies. Some of the Common Elements are or may be located within a Condominium Unit. All Owners shall permit a right of entry to the Board of Directors or any other person authorized by the Board of Directors, whether the Owner is present or not, for access through each Condominium Unit to all Common Elements, from time to time, as may be necessary for the routine maintenance, repair, or replacement for any of the Common Elements located thereon or accessible therefrom • or for making emergency repairs necessary to prevent damage to the Common Elements or to another Condominium Unit. -12- For routine maintenance and non-emergency repairs, entry shall be made only on a regular business day during regular business hours, after service of at least one day's notice in writing to the Owner. In case of emergency, entry shall be made at any time provided that a reasonable effort according to the circumstances is made to give notice of entry. The Board of Directors or its agents is granted the authority to use such reasonable force as is necessary to gain entry into the Unit in the event of an emergency, if no other means of entry are available in view of the circumstances. The Association shall bear the full responsibility and expense of all damages incurred to the Unit and/or Common Elements because of such forcible entry. All damage to the interior or any part of a Condominium Unit resulting from the maintenance, repair, emergency repair or replacement of any of the Common Elements, at the instance of the Association. shall be paid for as part of the Common Expense Assessment by all of the Owners. No diminution or abatement for Common Expense Assessments shall be claimed or allowed for inconveniences or discomfort arising from the making of repairs or improvements or from action taken to comply with any law, ordinance or order of any governmental authority. Restoration of the damaged improvements shall be substantially the same as the condition in which they existed prior to damage. Notwithstanding the foregoing, if any such damage is the result of the carelessness or negligence of any Owner, then such Owner shall be solely responsible for the costs of such repairing such damage. In the event the Owner fails within a reasonable time upon proper notice to pay the cost of the damages incurred, the Board of Directors may pay for said damages and charge the Owner responsible as an Individual Assessment in accordance with Paragraph 5.5 hereof. 3.7 Emergency Easements. A nonexclusive easement for ingress and egress is hereby granted to all police, sheriff, fire protection, ambulance, and other similar emergency agencies or persons, now or hereafter servicing the Condominium Community, to enter upon all driveways located in the Condominium Community, in the performance of their duties. All Units will be keyed for a master key for fire department access. 3.8 Utility Easements. The Board of Directors has the right to grant permits, licenses and easements over the Common Elements for utilities, roads and other purposes reasonably necessary or useful for the proper maintenance or operation of the Condominium Community. 3.9 Easements Deemed Appurtenant. The easements, uses and rights herein created for an Owner shall be perpetual and appurtenant to the Units owned by such Owner. All conveyances or any other instruments affecting title to a Unit shall be deemed to grant and reserve the easements, uses and rights as provided for herein, as though set forth in said document in full, even though no specific reference to such easements, uses or rights appear in such conveyance. -13- ARTICLE FOUR: THE ASSOCIATION 4.1 Name. The name of the Association is THE SKYWAY DRIVE COMMERCIAL CONDOMINIUM ASSOCIATION. 4.2 Purposes and Powers. The Association, through its Board of Directors, shall manage, operate, care for, insure, maintain, improve, repair and reconstruct all of the Common Elements and keep the same in a safe, attractive and desirable condition for the use and enjoyment of all of the Owners and such Owners' Guests. Any purchaser of a Unit shall be deemed to have assented to, ratified and approved such designations and management. The Association shall have all the power necessary or desirable to effectuate such purposes. The Board of Directors shall have all of the powers, authority and duties necessary and proper to manage the business and affairs 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 fully provided for in the Bylaws, provided no such delegation shall relieve the Board of final responsibility. 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 Unit subject to this Declaration. Membership shall be appurtenant to and may not be separated from ownership of any Unit. Ownership of such Unit shall be the sole qualification for such membership. Where more than one person holds interest in any Unit, all such persons shall be Members. 4.6 Voting Rights. The number of votes to which a Unit is entitled shall be one vote per Unit as originally constructed. The maximum votes in the Association will be 31 votes representing 31 Units. A division of a Unit will create a fractional vote. If a Unit has more than one Owner and such Owners cannot agree among themselves how to cast the votes allocated to their Unit on a particular matter, they shall lose their right to vote on such matter. If any Owner casts a vote representing a Unit having more than one Owner, it will thereafter be presumed for all purposes that such Owner was acting with the authority and consent of all other Owners with whom such Owner shares the Unit, unless objection thereto is made to the Person presiding over the meeting at the time the vote is cast. -14— 4.7 Declarant Control of the Association. There shall be a "Period of Declarant Control" during which a Declarant may appoint and remove the members of the Board. The Period of Declarant Control terminates no later than sixty days after conveyance of one hundred percent of the Units That May Be Created to Owners other than the Declarant, or such earlier time as the Declarant may, in its discretion, determine. 4.8 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 be a party, or in which he or she may become involved. by reason of him or her being or having been 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. 4.9 Certain Rights and Obligations of the Association. (a) Attorney-in-Fact. This Declaration does hereby make mandatory the irrevocable appointment of an Attorney-in-Fact to deal with the Condominium Community upon its damage, destruction, condemnation and obsolescence. The Board of Directors is hereby irrevocably appointed attorney-in-fact for the Owners, and each of them, to manage, control and deal with the interest of such Owner in the Common Elements so as to permit the Association to fulfill all of its duties and obligations hereunder and to exercise all of its rights hereunder, to deal with the Condominium Community upon its destruction, condemnation or obsolescence as hereinafter provided. The acceptance by any person of any interest in any Unit shall constitute an appointment of the Board of Directors as attorney-in-fact as provided above and hereinafter. The Board of Directors shall be granted all of the powers necessary to govern, manage, maintain, repair, administer and regulate the Condominium Community and to perform all of the duties required of it. (b) Contracts. Easements and Other Agreements: The Board of Directors shall have the right to enter into, grant, perform, enforce, cancel and vacate: contracts, easements, licenses, leases, agreements, and/or rights-of-way, for the use by Owners, their Guests, and other persons. concerning the Common Elements. 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 Directors, without the necessity of the consent thereto, or joinder therein, by the Owners or First Mortgagees. -15- (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. 4.10 Certain Rights and Obligations of the Declarant. So long as there are unsold Units within the Condominium Community owned by the Declarant, the Declarant shall enjoy the same rights and assumes the same duties as they relate to each individual unsold Unit. -16- ARTICLE FIVE: ASSESSMENTS 5.1 Obligation. Each Owner, 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 Unit 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 Unit shall be jointly and personally liable to the Association for the payment of all Assessments and Costs of Enforcement attributable to their Unit. The personal obligation for delinquent assessment shall pass to such Owner's successors in title. 5.2 Purpose of the Assessments. The Common Expense Assessment shall be used exclusively for the purpose of promoting the health, safety and welfare of the Owners of the Condominium Community and the Members of the Association. Such purposes shall include but not be limited to the improvement, repair, maintenance, reconstruction and insuring of the Common Elements, not to include the Limited Common Elements, and any other purpose reasonable, necessary or incidental to such purposes. In the sole discretion of the Board of Directors, such Assessment may include the establishment and maintenance of a reserve fund for the improvement, maintenance, reconstruction, and repair of the Common Elements on a periodic basis. 5.3 Date of Commencement of the Assessment. The Common Expense Assessment shall commence as to all Units on the first day of the month following the effective date of the first budget of the Association. 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. 5.4 Special Assessments. In addition to the other Assessments authorized herein, the Board of Directors may levy a Special Assessment for the purpose of defraying, in whole or in par, any unexpected expense of the Association, provided that any such assessment shall have the approval of Owners to whom at least sixty-seven percent of the votes in the Association are allocated. -17— Any such Special Assessment shall be levied against each Unit in accordance with that Unit's Common Expense Assessment Liability determined in accordance with Paragraph 1.1 hereof. 5.5 Individual Assessments. The Board of Directors shall have the right to individually levy any Owner or Owners amounts as provided for by this Declaration, to include but not be limited to, charges levied under Paragraphs 2.14, 3.6, 6.6, 6.10, 6.12, 7.1, 7.4 and 8.2 thereof. No Indivi- dual 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 pan of the Cost of Enforcement. 5.6 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. 5.7 Levy of Assessments. Common Expense Assessments shall be levied on all Units based upon a budget of the Association's cash requirements to accomplish the purposes set forth in Paragraph 5.2 hereof. The Common Expense Assessment Liability shall be allocated among the Units in accordance with that Unit's Common Expense Assessment Liability as set forth in Paragraph 1.1 hereof and as se: forth on Exhibit B attached hereto. The omission or failure of the Board of Directors to levy the Common Expense Assessment for any period shall not be deemed a waiver or a release of the Owners from their obligation to pay. Special Assessments shall be levied in accordance with Paragraph 5.4 her: of. Fines and Individual Assessments may be levied at any time as required. Both assessments are exempt from any voting requirements by the membership required for other assessments called for under [he Declaration. No Owner may waive or otherwise escape liability for the Common Expense Assessment provided for herein by the non-use of the Common Elements. 5.8 Due Date. Assessments shall be due and payable as established by the Board of Directors. -18- 5.9 Remedies for Nonpayment of Assessments. If any Assessment (to include Costs of Enforcement) 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 Unit pursuant to the power of sale granted to the Association by this Declaration in the manner and form provided by Colorado law for foreclosure of real estate mortgages; (iv) suspend the utility service to a delinquent Owner's Unit. An action at law or in equity by the Association against an Owner to recover a judgment 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. 5.10 Assessment Lien. The Association is hereby granted an Assessment Lien against each Unit for any Assessment levied by the Board of Directors and for Costs of Enforcement when the Unit 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 Unit for Assessments shall be superior to all other liens and encumbrances except the following: (a) liens and encumbrances recorded prior to the recording of this Declaration: and (b) real property ad valorem taxes and special assessment liens duly imposed by as Colorado governmental or political subdivision or special taxing district, or any other liens made superior by statute; and (c) the lien of any First Mortgagee. The Board of Directors shall prepare and record a written notice setting forth the amount of the unpaid indebtedness, the name of the Owner of the Unit, and a description of the Unit. If a lien is filed, the cost thereof shall be considered a Cost of Enforcement. -19— Sale or transfer of any Unit shall not affect the lien for said Assessments except that sale or transfer of any Unit pursuant to foreclosure of any first mortgage, or any proceeding in lieu thereof, including deed in lieu of foreclosure shall extinguish the Assessment Lien. No such sale or deed in lieu of foreclosure shall relieve any Owner from the continuing personal liability for such Assessment. Any First Mortgagee who acquires title to a Unit by virtue of foreclosing a first mortgage or by virtue of a deed in lieu of foreclosure will take the Unit free of any claims for unpaid Assess- ments and Costs of Enforcement against that Unit which have accrued prior to the time such First Mortgagee acquires title to the Unit. 5.11 Certificate of Assessment Status. The Association shall furnish to an Owner or such Owner's First Mortgagee upon written request delivered 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 Unit. 5.12 Surplus Funds. Any surplus funds of the Association remaining at the close of the Association's fiscal year after payment of the Common Expenses and funding the Reserve Fund shall be retained by the Association as unallocated reserves and need not be credited to the Owners to reduce their future Common Expense Assessment Liability. -20- ARTICLE SIX: RESTRICTIVE COVENANTS AND OBLIGATIONS 6.1 Use and Occupancy. Units may be used and occupied for any legal commercial activities which comply with local zoning codes. 6.2 Use of the Common Elements. Each Owner and his or her Guests may use the appurtenant Common Elements in accordance with the purpose for which they are intended, without hindering or encroaching upon the lawful rights of the other Owners. The Board of Directors may adopt Rules and Regulations governing the use of the Common Elements, but such Rules and Regulations shall be uniform and nondiscriminatory. Each Owner, by the acceptance of his or her deed or other instrument of conveyance or assignment and such Owner's Guests occupying the Unit agree to be bound by any such adopted Rules and Regulations. There shall be no obstruction of the Common Elements, nor shall anything be stored on any part of the Common Elements without the prior written consent of the Board of Directors. Nothing shall be altered, constructed on, or removed from the Common Elements except upon the prior written consent of the Board of Directors. 6.3 No Unlawful Use. No unlawful, immoral, offensive or improper use shall be permitted or made within the Condominium Community or any part thereof. All valid laws, ordinances and regulations of all governmental bodies having jurisdiction shall be observed. 6.4 Signs. No signs shall be placed or permitted within the Condominium Community, except those identifying the Condominium Community, the selection and location of which is reserved to the Board of Directors until all of the Units have been sold. Owners may, with the prior written consent of the Board of Directors, place signs on or within or without their Units which relate to the marketing of business activities currently being conducted by such Owner including, but not limited to, signs or advertisements used for the purpose of store identification, and sales of goods. For sale and for lease signs are allowed with written approval of the Board of Directors. 6.3 Antennas and Exterior Equipment. No exterior equipment or fixtures, including, but not limited to, the following shall be permitted without the written consent of the Board of Directors which shall generally be withheld: radio, television, or other types of antennas and satellite dishes; air conditioning units, swamp coolers, or other ventilating equipment; and, any type or kind of wiring, ducts, or pipes. 6.6 Pets Within the Condominium Community. No animals, birds, poultry, reptiles or insects of any kind. shall be raised, bred. kept or boarded in or on any portion of the Condominium Community; except that dogs. cats or other customary household pets may be allowed in Condominium Units occupied by Owners (not renters) so long as they are not raised, bred or maintained for any commercial purpose, and are not kept in such number or in such manner as to -21- create a nuisance or inconvenience to any residents of the Condominium Community. Qualified service animals are permitted for renters with disabilities. The Board of Directors shall have the right and authority to determine in its sole discretion that the 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 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 Hearing, directing permanent removal of the pet or pets from the Condominium Community. Pets shall not be allowed to run at large within the Condominium Community, but shall at all times be under the control of such pet's Owner and such pets shall not be allowed to litter the Common Elements. Dogs shall be on a leash while on the Common Elements. Pets shall not be tied up in the Common Elements. The Board of Directors is granted the authority to enforce the provisions of this Paragraph by the levy of Fines against the Owner in accordance with Paragraph 5.6 hereof. 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 Condominium 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 5.5 hereof. 6.7 Property to be Maintained. Each Unit, at all times, shall be kept in a clean, sightly and neat condition. No trash, litter,junk, boxes, containers, bottles, cans, implements, machinery, lumber or other building materials shall be permitted to remain exposed upon any Units so that the same are visible from any neighboring Unit or the street except with the written permission of the Board of Directors on the conditions the Board shall establish. No unsightliness or waste shall be permitted on or in any pan of the Condominium Community. (Without limiting the generality of the foregoing, no Owner shall keep or store anything on or in any of the Common Elements or Limited Common Elements nor shall any Owner hang, erect, affix or place anything upon any of the Common Elements or Limited Common Elements and nothing shall be placed on or in windows or doors of Units or Units, which would or might create an unsightly appearance.) 6.8 No Noxious. Offensive. Hazardous or Annoying Activities. No noxious or offensive activity shall be carried out upon any part of the Condominium Community nor shall anything be done or placed on or in any pan of the Condominium Community which is or may become a nuisance or cause embarrassment, disturbance or annoyance to others within a normal range of sensitivity consistent with the uses. All activities conducted within the Condominium Community must comply with OSHA standards, County building codes and all laws and ordinances governing such activities. No activity shall be conducted on any part of the Condominium Community which is or might be unsafe or hazardous to any person or property. No Owner shall permit any fire hazard to exist in the Condominium Community or permit any use of his or her Unit or the Common Elements which might increase the rate or cost for insurance for the Condominium Community. No sounds shall be emitted on any part of the Condominium Community which are unreasonably loud or annoying. No odor shall be omitted on any part of the Condominium Community which is noxious or offensive to others. No light shall be emitted from any part of the Condominium Community which is unreasonably bright or causes unreasonable glare. In no event shall the items set forth herein be deemed to be a complete list of noxious activities prohibited hereunder and the Board of Directors shall have the right to terminate any other noxious or otherwise offensive activity carried on by an Owner in violation of the provisions hereof. 6.9 Rules and Regulations. Rules and regulation may be adopted by the Board of Directors concerning and governing the use of the Common Elements provided, however, that such Rules and Regulations shall be uniform and nondiscriminatory. Copies of all such Rules and Regulations shall be furnished to Owners prior to the time that they become effective. No Owner or any Guest, licensee, customers or invitees of an Owner shall violate the Rules and Regulations adopted from time to time by the Board of Directors, whether relating to the use of Units, the use of Common Elements, or otherwise. The Board may impose a Fine in an amount as may be determined from time to time on any Owner for each violation of such Rules and Regulations by such Owner or his or her Guests. 6. 19 Exterior Modifications. No Owner shall modify, alter, repair, decorate, redecorate. or improve the exterior of any Condominium Unit or any of the Common Elements or Limited Common Elements without the express written approval of the Board of Directors in accordance with Paragraph 8.4 hereof. 6.11 Vehicular Parking and Storage. No house trailer, camping trailer, horse trailer, camper, camper shells, boat trailer, hauling trailer, boat or boat accessories, truck larger than one ton, recreational vehicle or equipment or mobile home may be parked or stored anywhere within the Condominium Community if they are visible from neighboring Units, street or Common Elements. 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. No abandoned, unlicensed, wrecked or inoperable vehicles of any kind shall be stored or parked within the Condominium Community 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 week or longer, or which does not have installed within it an operable propulsion system. Any vehicle belonging to any Owner which is otherwise permitted will not be deemed to be 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 5.5 hereof. The strict application of the above limitations and restrictions in any specific case may be modified or waived in whole or in part by the Board of Directors if such strict application would be unreasonable or unduly harsh under the circumstances. Any such modification or waiver must be in writing. 6.12 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 Condominium Community, 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 attorneys' fees and costs, if necessary, may be collected by the Board of Directors from such Owner as an Individual Assessment against such Owner in accordance with Paragraph 5.5 hereof. 6.13 Leasing and Renting. Any Owner shall have the right to lease his or her Condominium Unit upon such terms and conditions as the Owner may deem advisable, subject to the following: (a) 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 Bylaws of the Association and the Articles of Incorporation, and the Rules and Regulations of the Association; (b) 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 be enforceable by either the Board of Directors or the lessor, or by both of them, which may include eviction; (c) the Board of Directors are entitled to a copy of any lease promptly upon its request. The Association, acting through its Board of Directors, shall have the standing and power to enforce all of the above Restrictive Covenants and Obligations. -24- ARTICLE SEVEN: INSURANCE/CONDEMNATION 7.1 Condominium Insurance. The Board of Directors shall obtain and maintain a blanket, "all- risk" form policy of condominium insurance with sprinkler leakage (if applicable) and debris removal, insuring all the Common Elements and Limited Common Elements located within the Condominium Community. Such insurance shall also include, among other things, all fixtures. equipment, installations or additions comprising a part of the individual Condominium Units within the unfinished interior surfaces of the perimeter walls, floors, and ceilings of the Condominium Unit initially installed or replacements thereof made in accordance with the original plans and specifications, or installed by or at the expense of the Owner. Such insurance shall at all times represent one hundred percent of the current replacement cost based on the most recent appraisal of the Common Elements, Limited Common Elements and the attached fixtures, installations and additions comprising a part of the Condominium Units. 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 Master 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 appraisal for insurance purposes, showing that the insurance represents one hundred percent of the current replacement cost as defined above. Such policies shall also provide: (a) The following endorsements or their equivalent: No Control Endorsement, Contingent Liability from Operation of Building Laws or Codes Endorsement, Cost of Demolition Endorsement, Increased Cost of Construction Endorsement) Agreed Amount Endorsement, and Inflation Guard Endorsement, if available. (b) That any "no other insurance" clause expressly exclude individual Owners' policies from its operation so that the property insurance polic✓ 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 -25— purchased by individual Owners or their 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 or First Mortgagee requesting the same, at least thirty days prior to expiration of the then current policy. The insurance shall be carried naming the Association as the owner and beneficiary thereof for the use and benefit of the individual Owners and shall provide a standard noncontributory mortgage clause in favor of each First Mortgagee. 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 be settled on a replacement cost basis. The Association shall hold any insurance proceeds received in trust for the Owners and for holders of Security Interests as their interests may appear. The proceeds shall be disbursed first for the repair or restoration of the damaged Condominium Community. Owners and holders of Security Interests are not entitled to receive payment of any portion of the proceeds unless there is a surplus of proceeds after the Condominium Community has been repaired or fully restored. Title to each Unit within the Condominium Community is declared and expressly made subject to the terms and conditions hereto, and acceptance by the grantee of a deed or other instrument of conveyance from any Owner shall constitute appointment of the attorney-in-fact herein provided. All of the Owners constitute and appoint the Association their true and lawful attorney in their name, place and stead for the purpose of dealing with the Condominium Community upon its damage or destruction as is hereinafter provided. As attorney-in-fact, the Board of Directors of the .Association shall have full and complete authorization, power and right to make, execute and deliver any contract or any other instrument with respect to the interest of any Owner which is necessary and appropriate to exercise the powers herein granted. 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 of the First Mortgagees, not to exceed, however, Five Thousand Dollars or one percent of the face amount of the 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 [he reimbursement of all deductibles paid by the Association as an Individual Assessment in accordance with Paragraph 5.5 hereof. -26- 7.2 Liability Insurance. The Board of Directors shall 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 Elements and Limited Common Elements. 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 Elements and Limited Common Elements 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 Condominium 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. 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 all 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. 7.3 Additional Insurance. (a) Adequate Directors and Officers liability insurance, if 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; (b) 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 now or hereafter acquired by law; (c) Such other insurance of a similar or dissimilar nature, as the Board of Directors shall deem appropriate with respect to the Condominium Community. 7.4 Premiums. Insurance premiums for insurance carried by the Association shall be paid for by the Association as a Common Expense. 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 5.5 hereof and such assessment shall be exempt from any special voting requirements of the Membership. Such -27— assessment shall be prorated among Owners in the same proportion as the Common Expense Assessment Liability is allocated. 7.5 Separate Insurance. No Owner shall be entitled to exercise his or her right to acouire 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. 7.6 Damage to Property. Any portion of the Condominium Community for which insurance carried by the Association is in effect that is damaged or destroyed, shall be repaired or reconstructed by the Association in accordance with Paragraph 8.5 hereof. 7.7 Condemnation. Whenever all or part of the Common Elements shall be taken, injured or destroyed by condemnation, the Board of Directors shall represent the Owners in negotiations, settlements and agreements with the condemning authority. Each Owner appoints the Board of Directors as such Owner's attorney-in-fact for this purpose. Each Owner shall be entitled to notice thereof, but in any proceedings for the determination of damages, such damages shall be determined for such taking, injury or destruction as a whole and not for each Owner's interest therein. The award or proceeds of settlement shall be payable to the Association and shall be distributed as follows: (a) The proceeds attributable to a Unit and/or Limited Common Elements that are not reconstructed shall be distributed to the Owner of the Unit, and the Owner of the Unit to which the Limited Common Elements were appurtenant to and to the holders of the Security Interests on such Unit as their interests may appear. (b) The remainder of the proceeds shall be distributed to each Owner and to the holders of Security Interests on such Units, as their interests may appear. in accordance with each Owner's Percentage Interest in the Common Elements as set forth in Paragraph 1.1 hereof. If Owners of Units to which at least 100% of the votes in the Association are allocated vote not to rebuild a Unit, all of the Allocated Interests of that Unit shall be reallocated as if the Unit did not exist, and the Board of Directors shall promptly prepare, execute and record an amendment to this Declaration reflecting the reallocations without the necessity of joinder by the other Owners and holders of Security Interests. _2S_ ARTICLE EIGHT: MAINTENANCE, REPAIR, RECONSTRUCTION AND RESTORATION 8.1 By the Association. The Association shall be responsible for the maintenance, repair and reconstruction of all of the Common Elements to include the Limited Common Elements in accordance with this ARTICLE EIGHT. 8.2 By the Owner. (a) Each Owner shall keep his or her Unit and its equipment, appliances and appurtenances in good order, condition and repair and in a clean and neat condition, and shall do that which may at any time be necessary to maintain the good appearance and condition of his or her Unit. In addition, each Owner shall be responsible for all damage to any other Units or to the Common Elements resulting from his or her failure or negligence to make any of the repairs required by this Paragraph. Each Owner shall perform his or her responsibility in such manner as shall not unreasonably disturb or interfere with the other Owners. Each Owner shall promptly report to the Board of Directors any defect or need for repairs for which the Association is responsible. (b) The Owner of any Unit to which a Limited Common Element is appurtenant shall keep it in a clean and neat condition. In the event any Owner shall fail to maintain or keep in good repair his or her Unit and/or Limited Common Elements in a manner satisfactory to the Board of Directors, the Board of Directors after Notice and Hearing shall have the right to maintain, repair and reconstruct said Unit. The cost of such maintenance, repair and reconstruction shall be chargeable to such Owner by Individual Assessment in accordance with Paragraph 5.5 hereof. 8.3 Manner of Repair and Replacement. All repairs and replacements shall be substantially similar to the original construction and installation and shall be of first-class quality, but may be done with contemporary building materials and equipment. 8.4 Additions. Alterations or Improvements by the Owners (Architectural Control). No Owner shall make any structural addition, alteration or improvement in or to his or her Unit without the prior written consent of the Board of Directors. No Owner shall paint or alter the exterior of his or her Unit, including the doors. windows and light fixtures, nor shall any Owner paint or alter the exterior of any Building, without the prior written consent of the Board of Directors. Any interior modification must comply with the Uniform Building Code and County fire code. 9 8.5 Duty to Restore Upon Damage or Destruction. Any portion of the Condominium Community for which insurance is carried by the Association that is damaged or destroyed must be repaired or reconstructed promptly by the Board of Directors. The Condominium Community must be repaired and reconstructed in accordance with the original plans and specifications or other plans and specifications which have been approved by the Board of Directors and Owners to which sixty-seven percent of the votes in the Association are allocated. The cost of repair or reconstruction in excess of insurance proceeds and reserves is a Common Expense. -30- ARTICLE NINE: DEVELOPMENT RIGHTS AND SPECIAL DECLARANT RIGHTS 9.1 Reservation. The Declarant reserves the following Development and Special Declarant Rights ("Declarant Rights") which may be exercised, where applicable, anywhere within the Condominium Community: (a) To complete the improvements indicated on the Map; (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 Units; (d) To maintain signs and advertising on the Common Elements to advertise the Condominium Community; (e) To use and to permit others to use easements through the Common Elements as may be reasonably necessary for construction within the Condominium Community, and for the purpose of discharging Declarant's obligations under this Declaration; (0 To enlarge, without in any way being bound, the Condominium Community in phases from time to time, by adding to the Condominium Community any of the real property described in Exhibit B attached hereto, in accordance with ARTICLE TEN hereof; (g) To appoint or remove any officer of the Association or a member of the Board of Directors during the Period of Declarant control subject to the provisions of Paragraph 4.7 of this Declaration; (h) To amend the Declaration and/or the Map in connection with the exercise of any Declarant Rights; and (i) To exercise any other Declarant Rights created by any other provisions of this Declaration. 9.3 Rights Transferable. Any Declarant Rights created or reserved under this Article for the benefit of Declarant may be transferred to any Person by an instrument describing the Declarant Rights transferred and recorded in the Office of the County Clerk and Recorder. Such instrument shall be executed by the transferor Declarant and the transferee. 9.3 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 Declarant Rights shall terminate without further act or deed seven years after recording of this Declaration. -31— Not more than twenty-two additional Units may be created under the Development Rights, or the maximum number of Units allowed by any governmental entity having jurisdiction over the Property, pursuant to any development plan for the Property. Declarant shall not be obligated to expand the Condominium Community beyond the number of Units initially submitted to this Declaration. 9.4 Interference with Declarant Rights. Neither the Association nor any Owner may take any action or adopt any rule that will interfere with or diminish any Declarant Rights without the prior written consent of the Declarant. 9.5 Use by Declarant. The exercise of any Declarant Right by Declarant shall not unreasonably interfere with the access, enjoyment or use of any Unit by any Owner nor the access, enjoyment or use of the Common Elements; nor shall any activity be conducted which might be unsafe, unhealthy, or hazardous to any person. 9.6 Models, Sales Offices and Management Offices. Subject to the limitation set forth in Paragraph 10.3 hereof, the Declarant, its duly authorized agents, representatives and employees may maintain any Unit(s) owned by the Declarant as a model Unit(s), sales, leasing and/or management office to include, but not be limited to, a sales trailer. 9.7 Declarant's Easements. The Declarant reserves the right to perform warranty work, and repairs and construction work on Units and Common Elements, to store materials in secure areas, and to control and have the right of access to work and repair until completion. All work may be performed by the Declarant without the consent or approval of the Board of Directors. The Declarant has an easement through the Common Elements as may be reasonably necessary for the purpose of discharging the Declarant's obligations or exercising Declarant Rights, whether reserved in this Article. 9.8 Signs and Marketing. The Declarant reserves the right for Declarant to post signs and advertising in the Common Elements in order to promote sales of Units Declarant also reserves the right for Declarant to conduct general sales activities in a manner which will not unreasonably disturb the rights of Owners. -32- ARTICLE TEN: EXPANSION 10.1 Reservation of Right to Expand. Declarant reserves the right (without in any way being bound) to enlarge the Condominium Community in phases, without the necessity of the consent thereto or the joinder therein by the Owners or First Mortgagees, by submitting to the Condominium Community from time to time a Supplemental Condominium Map and a Supplemental Declaration adding any of the real property to the Condominium Community described on Exhibit B attached hereto. 10.2 Supplemental Declarations and Supplemental Condominium Maps. Such expansion must be accomplished by the filing for record by Declarant in the Office of the County Clerk and Recorder a supplement to this Declaration containing a legal description of the new real property, together with a Supplemental Condominium Map. The expansion may be accomplished in stages by successive supplements or in one supplemental expansion so long as each subsequent phase is contiguous to the real property already subject to this Declaration. All future improvements will be consistent with the initial improvements in structure type and quality of construction and must be substantially completed prior to being brought into the Condominium Community. 10.3 Expansion of Definitions. In the event of such expansion, the definitions used in this Declaration shall be expanded automatically. For example, "Condominium Unit" shall mean the Condominium Units described above plus any additional Condominium Units added by a Supplemental Declaration, and reference to this Declaration shall mean this Declaration as supplemented. All conveyances of Condominium Units shall be effective to transfer rights in the Condominium Community as expanded, without additional references to the Supplemental Declaration and the Supplemental Condominium Map. 10.4 Declaration Operative on New Properties. The new real property shall be subject to all the terms and conditions of this Declaration as amended or supplemented, upon the recording by the Declarant in the Office of the County Clerk and Recorder, of a Supplemental Declaration and Supplemental Condominium Map. 10.5 Interests on Enlargement. An Owner at the time of his or her purchase of Condominium Unit which has been brought into the Condominium Community by a Supplemental Declaration shall be a Member of the Association. Such Owner shall be entitled to the same voting privileges as those Owners of the initial property brought into the Condominium Community through the original Declaration and shall be subject to the same Assessments. The Assessments for that Phase shall commence for all Owners within that Phase including the Declarant upon the recording of the Supplemental Declaration and Supplemental Condominium Map for that Phase. Whenever any additional property is brought into the Condominium Community, the Common Expense Assessment Liability and Percentage Ownership Interest in the Common Elements of each Owner after such addition will change and shall he reallocated by the Declarant in accordance with Paragraph 1.3 hereof. -33- The Supplemental Declaration recorded at the time of expansion shall set forth the new Percentage Ownership Interest and the new Common Expense Assessment Liability of the existing Units and the newly added Units. 10.6 Taxes. Assessments and Other Liens. All taxes and other assessments relating to the real property described in Exhibit B covering any period of time prior to the addition of such property or any portion thereof to the Condominium Community must be paid or otherwise provided for by the Declarant to the satisfaction of all First Mortgagees. Liens arising out of the construction of improvements in later phases shall not extend into prior phases and shall not adversely affect the rights of Owners or the priority of first mortgages and deeds of trust on any Unit constructed in a prior phase. 10.7 Project Treated as a Whole. For all purposes hereof, each of the Phases of the Condominium Community after the recording of the Supplemental Map and Supplemental Declaration submitting each Phase to the Condominium Community, shall be treated as a part of the Condominium Community developed as a whole from the beginning, except to the extent expressly otherwise provided for herein. It is the express purpose hereof to provide that from and after the date of the submission of a Phase of the Condominium Community in accordance with the above, that such Phase shall be treated as though such Phase had been owned and occupied by the Owners thereof as a single undivided Condominium Community. 10.8 Termination of the Right of Expansion. The right of expansion shall terminate at the option of the Declarant by its written notice to the Secretary of the Association, but in any event such right of expansion shall terminate without further act or deed in accordance with the limitations set forth in Paragraph 10.3 hereof. -34— ARTICLE ELEVEN: DURATION, AMENDMENT AND TERMINATION OF THE DECLARATION 11.1 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 10.5 below. 11.2 Amendments by Owners. Except as permitted in Paragraph 13.5 hereof and except in case of amendments that may be executed by the Board of Directors pursuant to Paragraphs 1.25 and 7.7 and the Declarant pursuant to ARTICLE TEN and Paragraphs 1.25 and 11.3, and except as restricted by Paragraph 11.4 hereof, this Declaration, including the Map, may be amended by written agreement by Owners to which at least sixty-seven percent of the votes in the Association are allocated. Notwithstanding any other provisions set forth in this Declaration, there shall be no reallocation of interests in a Limited Common Element which is appurtenant to a Unit or redefinition of Unit boundaries without the express prior written consent of the Owner affected. Any such amendment shall be effective upon the recording of the amendment together with a notarized Certificate of an officer of the Association certifying that the requisite number of Owners and Eligible Mortgagees, if required, have given their written consent to the amendment. The officer 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. Signatures of Owners on the amendment need not be notarized. All signatures shall be irrevocable even upon the death of an Owner or the conveyance of the Unit, except that if an amendment is not recorded within three years of the date of signature, then 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. 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 aspect 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. -35- 11.3 Amendments by Declarant. Declarant reserves the right to amend, without the consent of Owners or First Mortgagees this Declaration, the Map, the Association's Articles of Incorporation or Bylaws, any time within the limitations set forth in Paragraph 9.3 hereof, to make nonmaterial changes, such as the correction of a technical, clerical, grammatical or typographical error or clarification of a statement. 11.4 Consent of Declarant. 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 of the Declarant, but in any event, shall terminate without further act or deed in accordance with the limitations set forth in Paragraph 9.3 hereof. 11.5 Termination. The Condominium Community may be terminated by a written agreement by Owners of Units to which at least seventy-five percent of the votes in the Association are allocated. -36— ARTICLE TWELVE: DISPUTES, DISPUTE RESOLUTION AND LITIGATION 12.1 Consensus for Association Litigation. Except as provided in this Article, the Association shall not commence a judicial or administrative proceeding without the written approval by Owners to which at least sixty-seven percent of the votes in the Association are allocated. This Article shall not apply, however, to (a) actions brought by the Association 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; (c) proceedings involving challenges to ad valorem taxation; or (d) counterclaims brought by the Association in proceedings instituted against it. This Article shall not be amended unless such amendment is approved by the same sixty- seven percent as previously stated. Prior to the Association or any Owner commencing any judicial or administrative proceeding to which Declarant is a party and which arises out of an alleged design or construction defect of the Planned Community or any Improvement constructed within the Planned Community, the Association or Owner, as the case may be, shall provide written notice of any such potential claim to the Declarant and the builder involved in the Improvement, and during the ninety days following such written notice, the Declarant and Builder shall have the right to be heard by the Owners, or the particular Owner, and to access, inspect, correct the condition of, or redesign any portion of the Planned Community, including any Improvement as to which a defect is alleged. In any case, no judicial or administrative proceeding shall be brought until the expiration of such ninety day period. 12.2 Mediation and Arbitration. All litigation, claims, disputes or other matters related to the design, construction or physical condition of any Improvement within the Planned Community shall be resolved by mandatory mediation and arbitration as set forth herein. This procedure shall apply to the Association. any Owner, the Declarant, and any other person or entity claiming an interest or right arising under or related to the Declaration. Any such litigation, claim or dispute involving a builder or other third party shall also be subject to mandatory mediation and arbitration if such third party requests or consents to such mediation and/or arbitration. Prior to instituting any judicial or administrative procedure, a claimant shall provide written notice to the party against whom a claim is asserted and to the Association. The parties shall mediate such claim within sixty days of the date of notice before a mediator agreed to by the parties, or, if they are unable to agree, appointed by a Court of competent jurisdiction. Each party shall bear their pro rata share of such costs. If the claim is not resolved, the litigation, claim or dispute shall be arbitrated before a single arbitrator appointed by the parties or, if they are unable to agree, by a Court of competent jurisdiction. The arbitrator, in the sound exercise of discretion. shall have the authority to award costs and attorney fees to the party whose position is substantially favored. ARTICLE THIRTEEN: GENERAL PROVISIONS 13.1 Successors and Assigns. This Declaration shall be binding upon and shall inure to the benefit of the Association and each Owner, and the heirs, personal representatives, successors and assigns of each of them. 13.2 Severabiiity. Any portion of this Declaration invalidated in any manner whatsoever shall not 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 full force and effect as if such invalid provision has never been included herein. 13.3 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. 13.4 Conflict. The Documents are intended to comply with the requirements of the Condominium Ownership Act of the State of Colorado, C.R.S. §§ 38-33-101, et seq. If there is any conflict between the 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 document, this Declaration shall control. 13.5 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 shall be 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 Directors of the Association or the Association shall be sent by certified mail, postage prepaid, to Stephen B. Strong, 1232 Boston Avenue, Longmont, CO 80501. 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). 13.6 Master Declaration. The Condominium Community shall be subject to the Amended and Restated Declaration of Covenants, Conditions and Restrictions of the Vista Commercial Center recorded on April 22, 1998 as Reception No. 2607807 in the Weld County, Colorado records. 13.7 Captions. The captions and headings in this Declaration are for convenience only, and shall not be considered in construing any provision of this Declaration. 13.8 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. -38- IN WITNESS WHEREOF, the Owners have caused this Declaration to be executed this day of , 2000. T.S. SKYWAY, LLC, A Colorado Limited Liability Company By: Stephen B. Strong, Manager STATE OF COLORADO ) ) ss. COUNTY OF The foregoing instrument was subscribed and sworn to before me this day of , 2000 by Stephen B. Strong as Manager of T.S. SKYWAY, LLC, a Colorado limited liability company. My commission expires: WITNESS my hand and official seal. Notary Public -39- EXHIBIT A TO THE CONDOMINIUM DECLARATION OF THE SKYWAY DRIVE COMMERCIAL CONDOMINIUMS LEGAL DESCRIPTION OF THE REAL PROPERTY SUBMITTED TO THE CONDOMINIUM DECLARATION OF THE SKYWAY DRIVE COMMERCIAL CONDOMINIUMS (FIRST PHASE) Lots 2 and 3, Block 3, Vista Commercial Center, Weld County, State of Colorado. EXHIBIT B TO THE CONDOMINIUM DECLARATION OF THE SKYWAY DRIVE COMMERCIAL CONDOMINIUMS LEGAL DESCRIPTION OF THE REAL PROPERTY WHICH MAY BE SUBMITTED TO THE SKYWAY DRIVE COMMERCIAL CONDOMINIUM REGIME IN LATER PHASES TO BE SUPPLIED EXHIBIT C TO THE CONDOMINIUM DECLARATION OF THE SKYWAY DRIVE COMMERCIAL CONDOMINIUMS TABLE OF INTERESTS (FIRST PHASE) Subject to the provisions of ARTICLE TEN hereof, each Unit is hereby vested with an undivided Percentage Ownership Interest in the Common Elements and is subject to a Common Expense Assessment Liability as set forth below. PERCENTAGE COMMON EXPENSE UNIT OWNERSHIP ASSESSMENT NO. INTEREST LIABILITY 1 2 3 4 TO BE SUPPLIED 5 6 7 The Percentage Interest in the Common Elements and Common Expense Assessment Liability has been determined by the Declarant in accordance with Paragraph 1. 1 hereof. Whenever any additional property is brought into the Condominium Community, in accordance with ARTICLE TEN hereof, the Common Expense Assessment Liability and the Percentage Ownership Interest in the Common Elements of each Owner after such addition will change and shall be reallocated by the Declarant in accordance with Paragraph 1.1 hereof after such addition. The Supplemental Declaration recorded at the time of expansion shall set forth the new Common Expense Assessment Liability and the new Percentage Ownership Interests in the Common Elements of the existing Units and the newly added Units. The Percentage Interest and Common Expense Assessment Liability shown for each Unit is subject to change in accordance with ARTICLE TEN hereof. Voting Rights shall be allocated in accordance with Paragraph 4.6 hereof. THE BYLAWS OF TI EE SKYWAY DRIVE COMMERCIAL CONDOMINILM ASSOCIATION' 1/14/00 TABLE OF CONTENTS ARTICLE ONE: OBJECT 1 1.1 Association 1 1.2 Purposes 1 1.3 Terms Defined in the Declaration 1 ARTICLE TWO: OFFICES 1 2.1 Principal Office 1 2.2 Registered Office and Agent 1 ARTICLE THREE: MEMBERSHIP 2 ARTICLE FOUR: MEETINGS OF THE ASSOCIATION 2 4.1 Place of Meetings 2 4.2 Annual Meeting 2 4.3 Special Meetings 2 4.4 Notice of Annual Meetings 2 4.5 Methods of Notice 3 4.6 Adjournment of Meeting 3 4.7 Meetings by Telecommunication 3 4.3 Fixing of Record Date 4 4.9 Budget Meetings 4 ARTICLE FIVE: VOTING 5 5. 1 Voting Entitlement 5 5.2 Voting Lists 5 5.3 Limitations on Use of Voting Lists 6 5.4 Quorum and Manner of Voting 6 5.5 Proxies 6 5.6 Action by Written Ballot 7 ARTICLE SIX: THE BOARD OF DIRECTORS 7 6.1 Number 7 6.2 Period of Declarant Control of the Association 7 6.3 The Board of Directors After the Period of Declarant Control 3 6.4 Qualifications 8 6.5 Resignation of Directors 8 6.6 Removal 3 6.7 Vacancy on the Board g 6.3 Committees 9 -i- ARTICLE SEVEN: MEETINGS OF THE BOARD OF DIRECTORS 9 7.1 Annual Meetings 9 7.2 Regular Meetings 9 7.3 Special Meetings 9 7.4 Purpose of meetings 9 7.5 Quorum; Voting 9 7.6 Action Without a Meeting 9 7.7 Compensation 10 7.8 Notice 10 7.9 Waiver of Notice 10 7.10 Telephonic Meetings 11 7.11 Standard of Conduct for Directors and Officers 11 ARTICLE EIGHT: OFFICERS AND THEIR DUTIES 11 8.1 Enumeration of Officers 11 8.2 Election of Officers 11 8.3 Term 11 8.4 Special Appointments 12 8.5 Resignation and Removal 12 8.6 Vacancies 12 8.7 Multiple Offices 12 8.8 Duties 12 ARTICLE NINE: ASSOCIATION DOCUMENTS 13 9.1 Execution of Instruments 13 9.2 Statements of Unpaid Assessments/Transfer Fees 13 9.3 Inspection and Copying of Association Records 13 ARTICLE TEN: NOTICE AND HEARING PROCEDURE 13 ARTICLE ELEVEN: AMENDMENTS 14 ARTICLE TWELVE: INDEMNIFICATION 15 12.1 General Provisions 15 12.2 Successful Defense on the Merits: Expenses 15 12.3 Determination of Right to Indemnification 15 12.4 Advance Payment of Expenses: Undertaking to Pay 1.6 12.5 Other Employees and Agents 16 12.6 Nonexciusivity of Paragraph 16 ARTICLE THIRTEEN: MISCELLANEOUS 16 13.1 Financial Statements 16 13.2 Robert's Rules of Order 17 13.3 Minutes 17 13.4 Corporate Seal 17 13.5 Fiscal Year 17 13.6 Waiver 17 13.7 Interpretation 17 -iii- BYLAWS OF THE SKYWAY DRIVE COMMERCIAL CONDOMINIUM ASSOCIATION ARTICLE ONE: OBJECT 1.1 Association. THE SKYWAY DRIVE COMMERCIAL CONDOMINIUM ASSOCIATION("Association") is a nonprofit corporation,organized under the Colorado Revised Nonprofit Corporation Act to operate in accordance with the Colorado Common Interest Ownership Act. These Bylaws are adopted for the administration, regulation and management of the affairs of the Association. 1.2 Purposes. The purposes for which the Association is formed are: (a) to promote the health, safety, welfare, and be for the common benefit of the residents of The Condominium Community and members of the Association; (b) be and constitute the Association to which reference is made in THE CONDOMINIUM DECLARATION OF THE SKYWAY DRIVE COMMERCIAL CONDOMINIUMS ("Declaration") recorded against the Condominium Community in the Boulder County, Colorado records; (c) to govern, in accordance with the Colorado Condominium Ownership Act, the Colorado Revised Nonprofit Corporation Act. Declaration, and the Articles of Incorporation, Bylaws and Rules and Regulations of the Association, the commercial condominium community known as the SKYWAY DRIVE COMMERCIAL CONDOMINIUMS ("Condominium Community"), located in Weld County, Colorado; and (d) to provide for the administration, maintenance, repair and reconstruction of the Common Elements of the said Condominium Community. 1.3 Terms Defined in Declaration. Terms used in these Bylaws which are defined in the Declaration shall have the same meaning and definition in these Bylaws as such terms have in the Declaration. ARTICLE TWO: OFFICES ?. 1 Principal Office. The principal office and place of business of the Association shall be designated from time to time by the Board of Directors. ?? Rettistered Office and Agent. The registered office of the Association shall be the same as the principal office. The address of the registered office may be changed from time to time by the Board of Directors. ARTICLE THREE: MEMBERSHIP The Association shall have members. There shall be one class of membership who shall be every record owner of a Unit subject to the Declaration. Membership shall be appurtenant to and may not be separated from ownership of any Unit. Ownership of such Unit shall be the sole qualification for such membership. Where more than one person holds interest in any Unit, all such persons shall be Members. Membership in the Association at all times shall consist exclusively of all Unit Owners or, following termination of the Condominium Community, of all former Unit Owners entitled to distribution of the proceeds under § 38-33.3-218 of the Act, or their heirs, personal representatives, successors or assigns. ARTICLE FOUR: MEETINGS OF THE ASSOCIATION 4.1 Place of Meetings. Meetings of the Association shall be held at such place within the County as the Board of Directors may determine. 4.2 Annual Meeting,. The Annual Meeting of the Association shall be held at a time, date and place established by the Board of Directors each year for the purpose of electing members of the Board of Directors of the Association to replace members whose terms are expiring and for transaction of such other business as may come before the meeting. A member may apply to the County's District Court to seek an order that an Annual Meeting be held: (i) if an Annual Meeting was not held within six months after the close of the Association's most recently ended fiscal year or fifteen months after its last Annual Meeting, whichever is earlier, or (ii) if the member participated in a proper demand for an Annual Meeting and notice of the Annual Meeting was not given within thirty days after the date of the demands necessary to require calling of the meeting was received by the Association (iii) the Annual Meeting was not held in accordance with the notice. 4.3 Special Meetings. Special Meetings of the Association may be called at any time by the Board of Directors, or by written demand of the members stating the purpose or purposes for calling the meeting signed by members to which at least twenty percent of the votes in the Association are allocated. Special Meetings shall be held at such reasonable time and place within the County as may be designated by the authority calling such meeting. The purpose of any Special Meeting of the members shall be stated in such notice. Only business within the purpose or purposes described in the notice may be conducted at a Special Meeting. 4.4 Notice of Meetings. Notice shall be given to each member entitled to vote at a meeting in a fair and reasonable manner. Notice may be given as set forth below. Written notice sent by first class or registered mail of any Annual or Special Meeting stating the place, date and hour of the meeting shall be given not less than ten nor more than sixty days before the date of the meeting. Notice of a Special Meeting shall include a description of the purpose or purposes of the meeting. Notice of an Annual Meeting need not include a description of the purpose or purposes except the purpose or purposes shall be stated with respect to (i) an amendment to the Articles of Incorporation or Bylaws of the Association; (ii) merger; (iii) a sale, lease or exchange of all or substantially all of the property of the Association ; (iv) dissolution of the Association; (v) restatement of the Articles of Incorporation or Bylaws of the Association; (vi) any proposal to remove an Officer or Director from office; (vii) any other purpose for which a statement of purpose is required by the Colorado Revised Nonprofit Corporation Act. When giving notice of an Annual or Special Meeting of the Association, the Association shall give notice of a matter a member intends to raise at the meeting if a person entitled to call a Special Meeting submits a request, in writing, and it is received by the Secretary or President at least ten days before the Association gives notice of the meeting. 4.5 Methods of Notice. Notice shall be given personally or by mail, personal service, telegraph, teletype or other form of wire or wireless communication by or at the direction of the President, the Secretary, or the officer or persons calling the meeting, to each member entitled to vote at such meeting. If mailed, such notice shall be deemed to be given and effective at the earliest of: (i) the date received; (ii) five days after deposit in the United States mail properly addressed to the member at the member's address as it appears in the Association's current record of members, with first class postage prepaid; or (iii) the date shown on the return receipt, if mailed by registered or certified mail, return receipt requested, and the receipt is signed by or on behalf of the addressee or on the date of its rejection. Oral notice is effective when communicated if communicated in a comprehensible manner. No notice need be sent to any member if three successive notices mailed to the last known address of such member have been returned as undeliverable until such time as another address for such member is made known to the Association by the member. In order to be entitled to receive notice of any meeting, a member shall advise the Association in writing of any change in the member's mailing address as shown on the Association's books and records. 4.6 Adjournment of Meeting. When a meeting is adjourned to another date, time or place, notice need not be given of the ne,,v date, time or place if the new date. time or piece of such meeting is announced before adjournment of the meeting at which the adjournment is taken. At the adjourned meeting the Association may transact any business which may have been transacted at the original meeting. 4T Meetings by Telecommunication. Any or all of the members may participate in an Annual or Special Meeting, or the meeting may be conducted through the use of any means of communication by which all members participating in the meeting can hear each other during the meeting. A member participating in a meeting in this manner is deemed to be present in person at the meeting. 3- 4.8 Action by Members Without Meeting. Any action required or permitted to be taker, at a meeting of the members may be taken without a meeting if a written consent (or counterparts thereof) that sets forth the action so taken is signed by all of the members entitled to vote with respect to the subject matter thereof and received by the Association. Such consent shall have the same force and effect as a unanimous vote of the members and may be stated as such in any document. Action taken under this Paragraph is effective as of the date the last writing necessary to effect the action is received by the Association, unless all of the writings specify a different effective date, in which case such specified date shall be the effective date for such action. The record date for determining members entitled to take action without a meeting is the date the Association first receives a writing upon which the action is taken. Any member who has signed a writing describing and consenting to action taken pursuant to this Paragraph may revoke such consent by a writing signed by the member describing the action and stating the member's prior consent is revoked, if such writing is received by the Association before the effectiveness of the action. All signed written instruments necessary under this Paragraph shall be filed with the minutes of the membership meetings. 4.9 Fixing of Record Date. The Board of Directors shall fix a record date for determining which of the members are entitled to notice of any meeting of the members and to vote or otherwise take action at any such meeting. If the Board of Directors fails to do so, then the record date for purposes of determining the members entitled to notice of and to vote or otherwise take action at such meeting shall be the close of business on the 30ih calendar day preceding the date notice is to be given. 4.10 Budget Meetings (a) Not withstanding the above, in accordance with § 38-33.3-303 of the Colorado Common Interest Ownership 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 than fourteen days nor more than sixty days after delivery of the summary. Unless at that meeting Owners to which at least sixty-seven 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 ail Owners 4— and set a date for a meeting of the Owners to consider ratification of the proposed amendment. The date of such meeting shall not be less than fourteen days, nor more than sixty days, after the delivery of the summary of the proposed amendment. Unless at that meeting Owners to which at least sixty-seven 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. ARTICLE FIVE: VOTING 5.1 Voting Entitlement. Members shall be entitled to one vote for each Unit owned. The vote for such Unit, the ownership of which is held by more than one Owner, may be exercised by any one of them, unless an objection or protest by any other holder of an interest of the Unit is made prior to the completion of the vote, in which case the vote for such Unit shall be exercised as the persons holding such interest shall determine between themselves. Should the joint Owners of a Unit 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. In no event shall more than one vote be cast with respect to any such Unit. In the absence of express notice to the Board of Directors of the designation of a specific person to cast a vote, the vote of an Association may be cast by any officer of that Association, the vote of a partnership may be cast by any general partner of that partnership, the vote of a limited liability company may be cast by any manager of that limited liability company, and the vote of a mist may be cast by any trustee of that trust. 5.2 Voting Lists. After a record date is fixed for a membership meeting or for determining the members entitled to vote by written ballot, the Secretary may, at the sole discretion of the Board of Directors, make, at the earlier of ten days before such meeting or two business days after notice of the meeting has been given, a complete list of the members entitled to be given notice of such meeting or any adjournment thereof. The list shall be arranged in alphabetical order and shall show the name, address of each member and number of votes to which each member is entitled. For the period beginning the earlier of ten days prior to the meeting or two business days after notice of the meeting is given and continuing through the meeting and any adjournment thereof, this list shall be kept on file at the office of the Association. Such list shall be available for inspection on written demand by any member or the member's agent or attorney during regular business hours and during the period available for inspection. • If the list is prepared in connection with a 'written ballot, the list shall be available for inspection beginning on the date the first written ballot is delivered and continuing through the time when such written ballots must be received by the Association in order to be counted. Any member or the member's agent may copy the list during regular business hours, at its own expense, and during the period it is available for inspection, provided: (i) the member has been a member for at least three months immediately preceding the demand; (ii) the demand is made in good faith and for a purpose reasonably related to the demanding member's interest; (iii) the member describes with reasonable particularity the purpose and the records the member desires to inspect; (iv) the records are directly connected with the described purpose, and (v) the member pays a reasonable charge covering the costs of labor and material for such copies, not to exceed the estimated cost of production and reproduction. 5.3 Limitations on Use of Voting Lists. Unless the Board of Directors gives its prior consent, the Association's Voting Lists or any part thereof may not be: (i) obtained or used by any person for any purpose unrelated to a member's interest as a member; (ii) used to solicit money or property unless such money or property will be used solely to solicit the votes of the members in an election by the Association; (iii) used for any commercial purpose; or (iv) sold to or purchased by any person. 5.4 Quorum and Manner of Voting_ The presence at a meeting of members of the Association and members' proxies to which at least twenty-five percent of the votes in the Association are allocated shall constitute a quorum for any action except as otherwise provided in the Declaration. Except for Budget Meetings where a quorum is not required, action on any matter, other than the election of Directors, is approved if there has been cast a greater number of affirmative votes in favor than negative votes in opposition by members who are entitled to vote thereon. If such quorum shall not be present or represented by proxy at any meeting, the members entitled to vote thereat shall have the power to adjourn the meeting from time to time, without notice other than announcement at the meeting, until a quorum as aforesaid shall be present or represented. 5.5 Proxies. At all meetings of members. a member may vote by proxy by signing an appointment form appointing another member of the Association. A member may also appoint a proxy by transmitting or authorizing the transmission of a telegram, teletype or facsimile transmission providing a written statement of the appointment to the proxy. The proxy shall be filed with the Secretary of the Association before or at the time of the meeting. The appointment of a proxy is effective when received by the Association and is valid for eleven months unless a different period is expressly provided in the proxy. An appointment of a proxy is revocable by a member and may be revoked by attending any meeting and voting in person or signing and delivering to the Secretary either a writing stating that the proxy is revoked or a subsequent appointment form. 6— The death or incapacity of the member appointing a proxy does not affect the right of the Association to accept the proxy's authority unless notice of the death or incapacity is received by the Secretary or other person authorized to tabulate votes before the proxy exercises its authority under the appointment. The Association is entitled to reject a vote, consent, waiver, proxy appointment or proxy appointment revocation if the Secretary or other officer authorized to tabulate votes, acting in good faith, has reasonable basis for doubt about the validity of the signature on it or about the signatory's authority to sign for the member. Neither the Association nor its officers nor any agent who accepts or rejects a vote, consent, waiver, proxy appointment or proxy appointment revocation in good faith and in accordance with the standards of this Paragraph is liable in damages for the consequences of the acceptance or rejection. 5.6 Action by Written Ballot. Any action that may be taken at any Annual or Special Meeting of members may be taken without a meeting if the Association delivers a written ballot to every member entitled to vote on the matter. The written ballot shall: (i) set forth each proposed action; and (ii) provide an opportunity to vote for or against the proposed action. Approval by written ballot shall only be valid when the number of votes cast by ballot equals or exceeds the quorum required to be present at a meeting authorizing the action and the number of approvals equals or exceeds the number of votes that would be required to approve the matter at a meeting at which the total number of votes cast was the same as the number of votes cast by ballot. All solicitations for votes by written ballot shall: (i) indicate the number of responses necessary to meet the quorum requirements; (ii) state the percentage of approvals necessary to approve each matter other than election of directors: (iii) specify the time by which the ballot must be received by the Association in order to be counted. ARTICLE SIX: THE BOARD OF DIRECTORS 6. 1 Number. The affairs of the Association shall be governed by a Board of Directors composed of three members. 62 Declarant Control of the Association. There shall be a "Period of Declarant Control" during, which a Declarant may appoint and remove the members of the Board. The Period of Declarant Control terminates no later than sixty days after conveyance of one hundred percent of the Units That May Be Created to Owners other than the Declarant, or such earlier time as the Deciarant may, in its discretion, determine. 6.3 The Board of Directors After the Period of Declarant Control. At the first Annual Meeting of the Association after the termination of the Period of Declarant Control and at each Annual Meeting thereafter, Directors shall be elected. The initial terms of the elected Directors shall be fixed at the time of their election as they among themselves shall determine. The term of one Director shall be fixed at one year; the term of one Director shall be fixed at two years; and the term of one Director shall be fixed at three years. At the expiration of the initial term of office of each respective member of the Board of Directors, a successor shall be elected to serve for a term of three years. Directors shall continue in office until their successors have been elected, unless a Director resigns, is removed or becomes disqualified to be a Director. The number of Directors and their terms may be changed by amendment to these Bylaws. 6.4 Oualifications. An elected Director must be an owner of a Unit within the Condominium Community or be an officer of a corporate owner of a Unit, or a partner in a partnership owning a Unit, or a trustee of a trust owning a Unit, or a manager of a limited liability company owning a Unit within the Condominium Community. If a Director ceases to be an owner of a Unit, or a corporate officer, partner, trustee or manager of an entity which owns a Unit, such Director's term as Director shall immediately terminate, and a new Director shall be selected as promptly as possible to take such Director's place. A Director may be reelected, and there shall be no limit as to the number of terms a Director may serve. Directors appointed by the Declarant need not be Owners. 6.5 Resignation of Directors. Any Director may resign at any time by giving written notice to the Secretary of the Association, stating the effective date of such resignation. Acceptance of such resignation shall not be necessary to make the resignation effective. 6.6 Removal. Any member of the Board of Directors other than a Director appointed by the Declarant may be removed by the members with or without cause at a meeting duly called for and stating that purpose at which a quorum is present. 6.7 Vacancy on the Board. Any vacancy in the Board of Directors shall be filled. A Director appointed to till a vacancy shall be appointed for the unexpired term of such person's predecessor in office and until such person's successor is duly elected and shall have qualified. Any position on the Board of Directors to be filled by reason of an increase in the number of Directors shall be filled by a vote of the members as soon as practicable after the time such increase is authorized. 8- Vacancies of Directors whom the Declarant appointed shall be appointed by the Declarant. 6.8 Committees. The Board may establish one or more committees. Such committees may provide such advice, service and assistance as requested, but may not exercise any power or authority reserved to the Board of Directors. ARTICLE SEVEN: MEETINGS OF THE BOARD OF DIRECTORS 7. 1 Annual Meetings. The Annual Meeting of the Board of Directors shall be held immediately following and in the same place as the Annual Meeting of the Association in each calendar year, or on such other date and at such time and at such place as the President may determine. The Annual Meeting of the Board of Directors shall be for the purpose of electing officers and for the transaction of such other business as may come before the meeting. 7.2 Regular Meetings. Regular meetings of the Board of Directors shall be held as the needs of the Association dictate, but at least quarterly, at such place and hour as may be fixed from time to time by the Board. 7.3 Special Meetings. Special Meetings of the Board of Directors shall be held when called by the President of the Association, or by any two Directors. 7.4 Purpose of Meetings. Neither the business to be transacted at, nor the purpose of, any meeting of the Board of Directors need be specified in the notice or waiver of notice of such meeting. 7.5 Quorum: Voting. A quorum at all meetings of the Board of Directors shall consist of a majority of the directors holding office. Less than a quorum may adjourn from time to time without further notice until a quorum is secured. The act of a majority of the directors present at a meeting at which a quorum is present shall be the act of the Board of Directors. For purposes of determining a quorum and for purposes of casting a vote, a Director may be deemed to be present and to vote if the Director grants a signed, written proxy to another Director. The proxy must direct a vote to be cast with respect to a particular proposal that is described with reasonable specificity in the proxy. No other proxies are allowed. 7.6 Action Without a Meeting. Any action required by law to be taken at a meeting of the Board of Directors, or any other action which may be taken at a meeting of Directors, may he taken without a meeting if every member of the Board in writing either: (i) votes for such action or (ii) votes against such action or abstains from voting and waives the right to demand that a meeting be held. Action is taken only if the affirmative votes for such action equals or exceeds the minimum number of votes that would be necessary to take such action at a meeting at which all of the Directors then in office were present and voted. 9— The action shall only be effective if there are writings which describe the action, signed by all Directors, received by the Association and filed with the minutes. Any such writings may be received by electronically transmitted facsimile or other form of wire or wireless communication providing the Association with a complete copy of the document including a copy of the signature. Actions taken shall be effective when the last writing necessary to effect the action is received by the Association unless the writings set forth a different date. Any Director who has signed a writing may revoke it by a writing signed, dated and stating the prior vote is revoked. However, such writing must be received by the Association before the last writing necessary to effect the action is received. All such actions shall have the same effect as action taken at a meeting. 7.7 Compensation. The Board of Directors may authorize and fix the compensation of Directors and may reimburse any member of the Board of Directors for reasonable expenses incurred in connection with service on the Board. 7.8 Notice. Notice of the date, time and place of any Special Meeting of the Board shall be given to each Director at least five days prior to the meeting by written notice either personally delivered or mailed to each Director at the Director's business address, or by notice transmitted by private courier, telegraph, facsimile transmission or other form of wire or wireless communication. If mailed, such notice shall be deemed to be given and to be effective on the earlier of: (i) five days after such notice is deposited in the United States mail, properly addressed, with first class postage prepaid; or (ii) the date shown on the return receipt, if mailed by registered or certified mail return receipt requested, provided that the return receipt is signed by the Director to whom the notice is addressed, or date of rejection. If notice is given by facsimile or other similar form of wire or wireless communication, such notice shall be deemed to be given and to be effective when sent. and with respect to a telegram, such notice shall be deemed to be given and effective when the telegram is delivered to the telegraph company. 7.9 Waiver of Notice. A Director may waive notice of a meeting before or after the time and date of the meeting by a writing signed by the Director. Such waiver shall be delivered to the Secretary for filing with the Association records. but such delivery and filing shall not be conditions to the effectiveness of the waiver. A Director's attendance at or participation in a meeting waives any required notice to the Director of the meeting unless at the beginning of the meeting, or promptly upon the Director's later arrival, the Director objects to holding the meeting or transacting business at the meeting because of lack of notice or defective notice and does not thereafter vote for or assent to action taken at the meeting. Neither the business to be transacted at. nor the purpose of. any Annual or Special Meeting of the Board of Directors need be specified in the notice or waiver of notice of such meeting. 10- 7.10 Telephonic Meetings. The Board of Directors may permit any Director to participate in an Annual or Special Meeting of the Board of Directors through the use of any means of communication by which all Directors participating in the meeting can hear each other during the meeting. A Director participating in a meeting in this manner is deemed to be present in person at the meeting. 7. 11 Standard of Conduct for Directors and Officers. Each Director and Officer shall perform their duties as a Director or Officer in good faith, in a manner the Director or Officer reasonably believes to be in the best interests of the Association, and with the care an ordinarily prudent person in a like position would exercise under similar circumstances. In the performance of their duties, a Director or Officer shall be entitled to rely on information, opinions, reports or statements, including financial statements and other financial data, in each case prepared or presented by the persons designated below. A Director or officer shall not be considered to be acting in good faith if the Director or Officer has knowledge concerning the matter in question that would cause such reliance to be unwarranted. A Director or Officer shall not be liable to the Association or its members for any action the Director or Officer takes or omits to take as a Director or Officer if, in connection with such action or omission, the Director or Officer performs their duties in compliance with this Paragraph. A Director or Officer, regardless of title, shall not be deemed to be a trustee with respect to the Association or with respect to any property held or administered by the Association. The designated persons on whom a Director or Officer are entitled to rely are: (i) one or more Officers or employees of the Association whom the Director or Officer reasonably believes to be reliable and competent in the matters presented; (ii) legal counsel, professional property manager, public accountant, or other persons as to matters which the Director or Officer reasonably believes to be within such person's professional or expert competence; or (iii) a committee of the Board of Directors on which the Director or officer does not serve if the director reasonably believes the committee merits confidence. • ARTICLE EIGHT: OFFICERS AND THEIR DUTIES 8. 1 Enumeration of Officers. The officers of the Association shall be a President, Vice President. Secretary and Treasurer, and such other officers as the Board of Directors may from time to time by resolution create. The President and Secretary must be Owners and members of the Board of Directors except for officers appointed by the Declarant. 8.? Election of Officers. The election of officers shall take place at the first meeting of the Board of Directors and thereafter at the first meeting of the Board of Directors following each Annual Meeting of the Association. 8.= Term. The officers shall be elected annually by the Board of Directors and each shall hold office for one year unless such officer shall sooner die, resign or shall be removed or otherwise disqualified to serve. 11- 8.4 Special Appointments. The Board of Directors may elect such other officers as the affairs of the Association may require, each of whom shall hold office for such period, have such authority, and perform such duties as the Board of Directors may from time to time determine. 8.5 Resignation and Removal. Any officer may be removed from office with or without cause by the Board of Directors. Any officer may resign at any time by giving written notice to the president. Such resignation shall take effect on the date of receipt of such notice or at any later time specified therein, and the acceptance of such resignation shall not be necessary to make it effective. 8.6 Vacancies. A vacancy in any office may be filled by appointment by the Board of Directors. The officer appointed to such vacancy shall serve for the remainder of the term of the officer he or she replaces. 8.7 Multiple Offices. Any two or more offices may be held by the same person, except the offices of President and Secretary. 8.8 Duties. The duties of the officers are as follows: (a) President. The President shall preside at all meetings of the Association and the Board of Directors; shall see that orders and resolutions of the Board of Directors are carried out; shall sign on behalf of the Association all leases, mortgages, deeds, notes and other written instruments; and shall exercise and discharge such other duties as may be required of the President by the Board of Directors. (b) Vice President. The Vice President shall act in the place and stead of the President in the event of his or her absence, inability or refusal to act, and shall exercise and discharge such other duties as may be required of the Vice President by the Board of Directors. (c) Secretary. The Secretary shall record the votes and keep the minutes of all meetings and proceedings of the Board of Directors and of the Association: serve notice of meetings of the Board of Directors and of the Association; keep appropriate current records showing the members together with their addresses: and shall perform such other duties as required by the Board of Directors. (d) Treasurer. The Treasurer shall receive and deposit in appropriate bank accounts ail monies of the Association and shall disburse such funds as directed by the Board of Directors; sign all checks of the Association unless the Board of Directors specifically directs otherwise; keep proper books of account; prepare an annual budget and a statement of income and expenditures to be presented to the members at the regular Annual Meeting of the Association. The Treasurer shall cause an audit of the Association's books to be made by an accountant if so directed by the Board of Directors, or upon the written request of members to which at least ',twenty percent of the votes in the Association are allocated. 12- ARTICLE NINE: ASSOCIATION DOCUMENTS 9.1 Execution of Instruments. All agreements, contracts, deeds, leases, checks, notes and other instruments of the Association may be executed by any officer as designated by resolution of the Board of Directors. In the absence of such designation, the President shall have such authority. Any Officer may prepare, execute, certify and record Amendments to the Declaration on behalf of the Association. 9.2 Statements of Unpaid Assessments/Transfer Fees. Any officer having access to the books and records of the Association or managing agent may prepare, certify and execute statements of unpaid assessments, in accordance with § 38-33.3-316 of the Colorado Common Interest Ownership Act. The Association may charge a reasonable fee for preparing these Statements of Unpaid Assessments and for transferring a membership on the books and records of the Association. Any unpaid fees may be assessed as a Common Expense Assessment against the Unit for which the certificate or statement is furnished. 9.3 Inspection and Copying of Association Records. Upon written demand delivered at_ least five business days before the date on which a member wishes to inspect and copy any of the records identified in these Bylaws, a member or its agent is entitled to inspect and copy such records during regular business hours at the Association's office. The Association may impose a reasonable charge, covering the costs of labor and material, for copies of the documents provided. The charge may not exceed the estimated cost of production and reproduction of the records. Members entitled to inspect these records must also meet the following requirements: (i) the demand must be made in good faith and for a proper purpose; (ii) the member must describe with reasonable particularity the purpose and the records the member desires to inspect: and the records must be directly connected with the described purpose. The rights set forth herein may not be abolished or limited by the Articles of Incorporation or the Bylaws of the Association. ARTICLE TEN: NOTICE AND HEARING PROCEDURE The Board shall not impose a Fine, Default Assessment, suspend voting rights, or infringe upon any other rights of a member or ocher occupant for violations of Rules and Regulations of the Association or of the Declaration unless and until the following procedure is followed: (a) Demand for Abatement. Written demand to cease and desist from the alleged violation shall be personally served upon the alleged violator specifying: (i) the alleged violation: (ii) the action required to abate the violation: 13— (iii) a time period, not less than ten days, during which the violation may be abated without further sanction, if such violation is a continuing one. If such violation is not a continuing one, a statement that any additional similar violation could result in the imposition of a sanction after Notice and Hearing. (b) Notice. If the violation continues past the time period allowed in the Demand for Abatement or if the same violation subsequently occurs, the Board or its agent shall serve the violator with written notice of a Hearing to be held by the Board. The notice shall contain: (i) the alleged violation; (ii) the time and place of the Hearing, which time shall not be less than ten days from the giving of the Notice; (iii) an invitation to attend the Hearing and produce any statement, evidence, and witness on his or her behalf; and (iv) the proposed sanction to be imposed. (c) Hearing. The Hearing shall be held pursuant to this Notice affording the Member a reasonable opportunity to be heard. Prior to the effectiveness of any sanction hereunder, proof of Notice and the Invitation to be Heard shall be placed in the Minutes of the Hearing. Such proof shall be deemed adequate if a copy of the Notice, together with a statement of the date and manner of delivery, is entered by the Officer, Director, or agent who delivered such Notice. The Notice requirement shall be deemed satisfied if the alleged violator appears at the Hearing. The Minutes of the Hearing shall contain a written statement of the results of the Hearing and the sanction, if any, imposed, provided, however, in no event shall the Board suspend a member's right to use the Condominium Community's recreational facilities or suspend a member's voting rights for infraction of the Declaration, Bylaws or the Association's Rules and Regulations for a period in excess of sixty days. The decision of the Board shall be final. These procedures shall not be necessary in order to impose anv sanction or penalty for nonpayment of Assessments. • ARTICLE ELEVEN: AMENDMENTS These Bylaws may be amended by the Board of Directors at any Regular. Annual or Special Meeting of the Board of Directors. These Bylaws may be amended at any Annual Meeting of the Association or at any Special Meeting called for the purpose of amending the Bylaws, by a vote of the Members. Any amendment adopted at an Annual or Special Meeting of the Association may thereafter only be amended at an Annual or Special Meeting of the Association. 14— During the Period of Declarant Control, any proposed amendment of any provisions of these Articles shall not be effective unless Declarant has given its written consent to such amendment. ARTICLE TWELVE: INDEMNIFICATION 12.1 General Provisions. The Association shall indemnify any person who is or was a party or is threatened to be made a party to any proceeding by reason of the fact that such person is or was a Director or Officer of the Association, against expenses including attorney's fees. liability,judgments, fines and amounts paid in settlement actually and reasonably incurred by such person in connection with such proceeding if such person: (i) acted in good faith; (ii) reasonably believed, in the case of conduct in an official capacity with the Association, that the conduct was in the best interests of the Association, and, in all other cases, that the conduct was at least not opposed to the best interests of the Association; and (iii) with respect to any criminal proceeding, had no reasonable cause to believe that the conduct was unlawful. However, no person shall be entitled to indemnification under this Paragraph12.I either: (i) in connection with a proceeding brought by or in the right of the Association in which the Director or Officer was adjudged liable to the Association; or (ii) in connection with any other proceeding charging improper personal benefit to the Director or Officer, whether or not involving action in that person's official capacity, in which the Officer or Director is ultimately adjudged liable on the basis that the Director or Officer is ultimately adjudged liable on the basis that the Director or Officer improperly received personal benefit. Indemnification under this Paragraph 12.1 in connection with a proceeding brought by or in the right of the Association shall be limited to reasonable expenses incurred in connection with the proceeding. The termination of any action, suit or proceeding by judgment. order, settlement or conviction or upon a plea of nolo contendere or its equivalent shall not of itself be determinative that the person did not meet the standard of conduct set forth in this Paragraph 12.1. 12.2 Successful Defense on the Merits: Expenses. To the extent that a Director or Officer of the Association has been wholly successful on the merits in defense of any proceeding to which he or she was a parry, such person shall be indemnified against reasonable expenses, including attorney's fees actually and reasonably incurred in connection with such proceeding. 12.3 Determination of Right to Indemnification. Any indemnification under Paragraph 12. 1 (unless ordered by a court) shall be made by the Association only as authorized in each specific case upon a determination that indemnification of the Director or Officer is permissible under the circumstances because such person met the applicable standard of conduct se: forth in Paragraph 12. 1. Such determination shall be made: (i) by the Board of Directors by a majority vote of a quorum of disinterested directors who at the time of the vote are not, were not, and are not threatened to be made parties to the proceeding: or (ii) if such a quorum of the Board of Directors cannot be obtained by independent legal counsel selected by the Board of Directors. Authorization 15— of indemnification and evaluation as to the reasonableness of expenses shall be made in the same manner as the determination that indemnification is permissible, except that, if the determination that indemnification is permissible is made by independent legal counsel, authorization of indemnification and evaluation of legal expenses shall be made by the body that selected such counsel. 12.4 Advance Payment of Expenses: Undertaking to Repay. The Association shall pay for or reimburse the reasonable expenses including attorney's fees incurred by a Director or Officer who is a party to a proceeding in advance of the final disposition of the proceeding if: (i) the Director or Officer furnishes the Association a written affirmation of the Director's or Officer's good faith belief that the person has met the standard of conduct set forth in Paragraph 12.1; (ii) the Director or Officer furnishes the Association with a written undertaking, executed personally or on the Director's or Officer's behalf, to repay the advance of it is determined that the person did not meet the standard of conduct set forth in Paragraph 12.1. Such undertaking shall be an unlimited general obligation of the Director or Officer but which need not be secured and which may be accepted without reference to financial ability to make repayment; and (iii) a determination is made by the body authorizing indemnification that the facts then known to such body would not preclude indemnification. 12.5 Other Employees and Agents. The Association shall indemnify such other employees and agents of the Association to the same extent and in the same manner as is provided above in Paragraph 12.1 with respect to Directors and Officers, by adopting a resolution by a majority of the members of the Board of Directors specifically identifying by name or by position the employees or agents entitled to indemnification. 12.6 Nonexclusivitv of Paragraph. The indemnification provided by this Paragraph shall not be deemed exclusive of any other rights and procedures to which one indemnified may be entitled under the Articles of Incorporation. any bylaw. agreement. resolution of disinterested directors. or otherwise, both as to action in such person's official capacity and as to action in another capacity while holding such office, and shall continue as to a person who has ceasec to be a Director or Officer, and shall inure to the benefit of such person's heirs, executors and administrators. ARTICLE THIRTEEN: MISCELLANEOUS 13. 1 Financial Statements. Any mortgagee shall be entitled, upon written request, to an audited Financial Statement for the immediately preceding fiscal year at such mortgagee's expense. Any Financial Statements so requested shall be furnished within a reasonable time following such request. 16— 13.2 Robert's Rules of Order. All Meetings of the Association and all meetings of the Board of Directors will be held in accordance with Robert's Rules of Order. 13.3 Minutes. At all Meetings of the Association and at all meetings of the Board of Directors, minutes shall be taken and kept in a permanent file and be available for review by the members in accordance with Paragraph 9.3 hereof. 13.4 Corporate Seal. The Board of Directors shall adopt a seal which shall have inscribed thereon the name of the Association and the words "Seal" and "Colorado". 13.5 Fiscal Year. The fiscal year of the Association shall begin on the 1st day of January and end on the 31st day of December of every year, unless changed by the Board of Directors. The first year shall begin on the date of incorporation. 13.6 Waiver. No restriction, condition, obligation or provision contained in these Bylaws 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. 13.7 Interpretation. The provisions of these Bylaws shall be liberally construed to effect the purpose of ensuring that the Condominium Community shall at all times be operated and maintained in a manner so as to optimize and maximize its enjoyment and utilization by each Unit Owner. IN WITNESS WHEREOF, the undersigned have hereto set their hands this 14th day of July, 1999. THE SKYWAY DRIVE COMMERCIAL CONDOMINIUM ASSOCIATION By: President CERTIFICATION I, the undersigned, do hereby certify: THAT I am the duly elected and acting secretary of THE SKYWAY DRIVE COMMERCIAL CONDOMINIUM ASSOCIATION, a Colorado corporation. THAT the foregoing Bylaws constitute the original Bylaws of said Association, as duly adopted at a Meeting of the Board of Directors thereof, held on the 1" day of October, 1999. 12.5 Other Employees and Agents 1 a 12.6 Nonexciusivity of Paragraph ARTICLE THIRTEEN: MISCELLANEOUS 1 13.1 Financial Statements 1� 13.2 Robert's Rules of Order 17 13.3 Minutes 17 13.4 Corporate Seal 17 13.5 Fiscal Year 17 13.6 Waiver 17 13.7 Interpretation 17 -iii- ouNTA/4, MOUNTAIN VIEW FIRE PROTECTION DISTRICT Administrative Office: 9119 County Line Road• Longmont, CO 80501 (303) 772-0710• FAX (303) 651-7702 VIEW February 1, 2000 Mr. John Sargent Sun Construction& Design Services 1232 Boston Avenue Longmont, CO 80501 Dear Mr. Sargent: I have reviewed the submitted material pertaining to the Skyway Commercial Center located at 1804, 1022 and 1840 Skyway Drive, for compliance with the adopted codes and standards of the Fire District. Based on my review, I have the following comments and requirements for the project: • Buildings shall be constructed and designed in accordance with the provisions of the 1994 Edition of the Uniform Fire Code, as ratified by the Weld County Commissioners. • The largest building is approximately 39,900 square feet of type II-N construction and protected throughout with an automatic fire sprinkler system. In accordance with Appendix III- A of the Uniform Fire Code, the required fire flow for the largest building is 2,125 gallons per minute, measured at a residual pressure or 20 pounds per square inch. Hydrant locations as shown on the submitted plans are acceptable and based on previous flow tests conducted in the area,the Fire District will recognize that the required fire flow is available. Fire hydrants must be in service before combustible building materials are delivered to the site. If ground cover and shrubbery is desired around fire hydrants for aesthetic purposes, the ground cover and shrubbery may not exceed 4 inches height. • Fire apparatus access is adequate as indicated on the plans submitted, except that it appears parking may be located in front of the Fire Department Connections to the fire sprinkler systems. Please note the location of the underground fire lines in relationship to the identified parking spaces. The District will not allow parking in front of the FDC's for the sprinkler system. Fire apparatus access roads must be designed and maintained to support the imposed loads of fire apparatus (60,000 pounds), must have a surface that provides all- weather driving capabilities and be free from obstructions which includes locked gates. Access roads will need to be constructed and approved at the time building construction begins. • Approved address numbers shall be placed on the building and unit spaces in such a position to be plainly visible and legible from the street fronting the property. Address numbers or letters shall contrast with their background. Station 1 Station 2 Station 3 Station 4 Station 5 Station 6 Station 7 9119 Cnty Line Rd 10971 WCR 13 P.O.Box 575 PO.Box 11 10911 Dobbin Run P.O.Box 666 P.O.Box 40 Longmont,CO Longmont,CO 299 Palmer Ave. 8500 Niwot Road Lafayette,CO 600 Briggs 100 So.Forest SI. 80501 80504 Mead,CO 80542 Niwot,CO 80544 80026 Erie,CO 80516 Dacono,CO 80514 Mr. John Sargent February 1, 2000 Page Two • A fire department key box(Knox Box) is required to be installed at a Fire District approved location on the exterior of each building. Suitable boxes are Models 3200 and 4400. Models 3200R and 4400R are available for recessed mounting. An application for these boxes has been enclosed and should be returned directly to the Knox Company. You may order all three required boxes using the same order form. • Plans for the fire sprinkler must be submitted to the Fire District for review and approval prior to installation. Fire alarm system drawings must be submitted for review and approval prior to installation. All plan submittals must include specification sheets for all devices to be installed. • Portable fire extinguishers, with appropriate location markers, are required to be installed in each unit. Generally, the Fire District requires that five pound extinguishers rated for Class A:B:C fires be mounted in accessible locations, mounted three to five feet above the floor, and be located so that the actual travel distance from any point in a building to an extinguisher does not exceed 75 feet. Extinguishers must be provided with current inspection tags and will be required before units are occupied by any tenant. • A final inspection of each building will be required by a member of the Fire District before any Certificate of Occupancy is issued from Weld County. If these buildings will need a Certificate of Occupancy for a core and shell prior to tenant finish, the buildings must be in compliance with the codes and standards of the Fire District for the core and shell before the District will give approval. All requests for inspections should be made to the Fire Prevention Office at least three business days in advance. • Fees are$50 per hour,per inspector, for any failed inspection that would require an inspector to return to the site for additional inspection. • As tenants are identified, detailed floor plans showing the office layout and/or warehouse layout and occupancy classification needs to be submitted to the Fire District for review and approval. If new walls or ceilings for tenant finishes alter the coverage of the existing fire sprinkler system (approved for core and shell), plans for sprinkler system alteration must be submitted to the Fire District for review and approval prior to work commencing. • During tenant finish work,the fire sprinkler system shall remain in service at all times unless it is actually being worked on. In all cases, the work shall be planned so that the system is not left out of service over night or over a weekend. If it is absolutely necessary to take the system out of service over night, then a fire watch will be required. Please notify the Fire Prevention Office at any time the system is taken out of service. • If any building tenant plans to use, store or handle flammable or combustible liquids; or hazardous materials, information on the type and quantities of these materials will need to be submitted to the Fire District for review so further building and storage requirements may be Mr. John Sargent February 1, 2000 Page Three addressed. The list should identify the names of the chemicals and the maximum quantities to be stored. • Storage of combustible materials in closely packed piles, on pallets, in racks or on shelves where the top of the storage is greater than 12 feet (6 feet for high-hazard commodities) is subject to special fire-protection and life-safety requirements if the aggregate areas of such storage exceeds 500 square feet. If any such storage arrangements are contemplated by any tenant, the Fire District needs to be made aware of this so that the appropriate review and evaluation of the storage area can be completed. • Should changes be made to the plans additional review and comment will be necessary. The Fire District reserves the right to make further comments as the project proceeds. 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. Should you have any questions, please contact me at(303) 772-0710. Sincerely, v LuAnn Penfold �! Fire Marshal LMP/Ip Enclosure-Knox Box Order Form cc: Roger Vigil, Weld County Building Department, 1555 N. 17th Avenue, Greeley, 80631 project file file 1p02.0 I.00 Following Attachments: "Improvements Agreement According Policy Regarding Collateral For Improvements" stating amongst other items, that adequate capital will be held in reserve for landscaping improvements, per response attachments "A" and "B", are attached here. Please review the items specifically addressed in the response, and if they are acceptable to the extent desired, then we can immediately have our banker(Chuck Allen @ First National Bank, Longmont) perfect a letter of credit for that verified amount. �!trce/ Watti ca.lSox.: _ je.ea� � ti�rnpd��" e-f� fait, Juef' tha:tati W i ti. 1 u, rllfU e MIJ B FCC C, o)Li x��lo/xecX, \(1\1 ItHes. DEPARTMENT OF PLANNING SERVICES I PHONE (970) 353-6100, EXT.3540 FAX (970) 304-6498 C. WELD COUNTYGREDLE1555 N. Y COLORADO HVENUE COLORADO January 24, 2000 Stephen B. Strong T.S. Skyway L.L.C 1232 Boston Avenue Longmont, Colorado 80501 RE: SPR 314 Dear Mr. Strong: \\ � On Thursday, John Sargent dropped off a set of plats and a letter of response to conditions of approval and development standards for Site Plan Review#SPR-314. This letter outlines conditions that have yet t.(' to be met. These standards are not optional and must be met prior to recording the plats: i , 2A., AASHTO standards require a 29 foot minimum distance for one-way operation with the provision of jn r t passing a stalled vehicle by another vehicle of the same type. Please confer with the Fire District that ti(' dimensions of the areas highlighted and labeled as "Y" and "Z" are adequate. The applicant shall submit NF LO( written evidence from the Fire District to the Department of Planning Services that these dimensions are 2 - j til h adequate. ? 14 \ L1412.11, 11/4.1 \L I spoke with LuAnn Penfold, Fire Marshall with Mountain View Fire Protection District this afternoon. Ms. frfla burnt-( Penfold also expressed concerns regarding the turn radius at these locations. Please submit written Ir6 if;(Dr. evidence from the Fire District to the Department of Planning Services that these specific dimensions are t).3,) adequate. There seems to be some confusion on this issue. In a letter dated 1.19.2000 you stated that"Access roads must be a minimum of 20 feet in width." This is correct. The dimensions under question were labeled "Y" and "Z" in the application approval letter mailed to you in early January. 2B. The applicant shall submit wheel track turning radius to the Department of Public Works for approval on areas highlighted and labeled as "V". I9i'a nk - 6( 4Lt ��G �o�btS Gbcvt? fln/J This condition has not been met. VV LL.t 4-Gvr's ruL., 7 4.A.1. The applicant shall submit revised parking and circulation plans to the Department of Public `,Works for approval. Written approval shall be submitted by the applicant to the Department of Planning DI Cu'.' Services. These plans shall be amended to delineate the following: A) Section 41.1.2.2 of the Weld County Zoning Ordinance, states that, in offstreet parking areas for passenger vehicles with ten (10)or more spaces, 10% of the spaces may be for small cars. The dimensions of the small car spaces may be 15% less than the standard dimensions specified above. Such spaces shall be designated by signs which indicate that they are for small or compact cars only (see item highlighted and labeled as"T"). All off-street parking shall meet the standards as outlined in Section 41.1 [The letter is to:Stephen Strong,TS Skyway LLC] Page 2 the Weld County Zoning Ordinance. For 60 degree parking stalls, the stall width shall be a minimum of 9 feet in width; shall have a minimum of 21 feet from stall to curb; shall have a minimum of 18 feet aisle width; and shall have an overhang of a minimum of 1.7 feet. This condition has not been met. \,' \ 4.A.3. i The loading area shall be screened in accordance with Section 2.6.3#5 of the Mixed Use Development Plan which states, "Loading, service, or storage areas must be screened with an opaque i q ' screen that is an integral part of the building architecture. Chain link fencing with slats or pallets are not Q r,C an acceptable screening material. Plant material shall be used to soften the appearance of the screen." y Act All loading areas shall comply with Section 41.2 of the Weld County Zoning Ordinance. i� i f rte, , This condition has not been met. 1 �; c• L� \-,' 4.A.4. ' 11-le property shall adhere to screening requirements with Section 2.6.2#4 which states, "Whene)/er the use of the property to be developed or redeveloped with conflict with the use of adjoining property, there shall be an opaque planted screen between the two properties. The screen shall moderate the impact of noise, light, aesthetic concerns and traffic." This condition has not been met. Fencing was not included in the"Improvements Agreement." This agreement shall be revised to include t�z t „ i appropriate fencing per 4.A.3 and 4.A.4 listed above. 1 F 4.A.5.C The applicant shall submit a revised landscaping plan to the Department of Planning Services UIjk 7)l \ �� l/ for approval. This plan shall be in accordance with Section 2.6 of the MUD Ordinance, as amended. This ;i plan shall incorporate all modifications and an approved maintenance plan, to include the following NA)‘' )i5 information: cirli, for✓ C) A landscape maintenance schedule which specifically states who will perform maintenance and that ) maintenance is on-going and shall not end upon final acceptance by the Department of Planning Services This condition has not been met. V4.F. The following notes shall be placed on the plat: o J 2. The parking lot shall be paved and include curb, gutter, foot sidewalk, and appropriate striping. -- r"T [ , ''T A modification to this note was made on sheet A-1.1, Second Note. ,-S- N t NIA c_ This condition has not been met. V5. Application materials propose the lease of individual units to other parties. The applicant shall submit a copy of the lease agreement and information regarding the proposed use of the leased portion to the Weld County Attorney's office, Weld County Building Inspection Department, Mountain View Fire Protection District and the Department of Planning Services for review. Based upon the proposed use and/or impacts of the leased portion, the Department of Planning Services n , Review application.__—. L`nit/ C, CLeQ(�u „- . C'( -The(• J Ma, ii.,i,,-c/ (c., IA modification to this note was made on sheet A-1.1, Sixth Note. A 1,01/1" This condition has not been met. � �� /( L0 g. Fugitive dust shall be controlled on this site. C D C L''r Li 11 .� r rc This note is not included on the Note section of sheet A-1.1. 1 This condition has not been met. 4,/,`-:- �' n ., ,( A (;c qw [The letter is to:Stephen Strong,TS Skyway LLC] Page 3 ,✓16. All structures, including signs, on site must obtain the appropriate building permits. abiThis note was not placed on the plat. This condition has not been met. /19. Temporary signage shall adhere to Section 42.3 of the Weld County Zonin Ordinance and Section' k� 2.8 of the Weld County MUD District Regulations. ' v o'l'G Ii I j B ��' ✓'/ This note was not placed on the plat. This condition has not been met. v 20. Proper building permits shall be obtained prior to any construction or excavation. Part of the permit application process includes a complete plan review. t^ v tith This note was not placed on the plat. f, This condition has not been met. 21. The building structures will require a complete set of engineered drawings. Engineered foundation drawings shall be accompanied by a site specific geotechnical report or an "open hole" inspection performed by a licensed Colorado Professional Engineer. `,)u i-c 2- I 441 This note was not placed on the plat. This condition has not been met. v7 22. The allowable size of the structures shall be as per Sections 504 and 505 of the 1997 Uniform Building Code (UBC). ht7�G 3't�' X1/11) This note was not placed on the plat. This condition has not been met. v 23. Distances to property lines and adjacent buildings must meet the limitations outlined in Table 5-A of the UBC. This note was not placed on the plat. This condition has not been met. ✓ 24. Separate permits are required for each tenant finish. The types of occupancies allowed may be influenced by adjacent uses. Area separation walls with appropriate foundations may be required. Floors drains with interceptors may need to be installed in existing floors in some cases. These items and other relevant provisions will be enumerated at the time of plan review for each unit. /41' n()ft L, This note was modified, see Note 17 on Sheet A-1.1. ✓'this condition has not been met. ' I . 25. Both the shell of the building and the individual units shall meet the following requirements: "' � D. Requirements for the number and type of bathroom facilities found in Chapter 29 and Appendix of �ry�U Chapter 29 of the UBC (Building Inspection). L 1 nh u 1 This note was modified, see Note 18 on Sheet A-1.1. 1101i1_1 " This condition has not been met. I .d1, V" UCA G. Additional requirements or changes may occur at the time the complete set of plans is"reviewed by the Weld County Building Inspection Department or the Fire District. iplttvirytt vUf . [The letter is to:Stephen Strong,TS Skyway LLC] Page 4 This note was modified, see Note 18 on Sheet A-1.1. This condition has not been met. 1/26. The site shall maintain compliance with the Weld County Planned Unit Development (PUD) standards at all times. The word County is misspelled. See Note 4 on Sheet A-1.1. c. Application materials propose the lease of individual units to other parties. The applicant shall submit opy of the lease agreement and information regarding the proposed use of the leased portion to the Weld County Attorney's office, Weld County Building Inspection Department, Mountain View Fire Protection District and the Department of Planning Services for review. Based upon the proposed use and/or impacts of the leased portion, the Department of Planning Services may require a new Site Plan Review application. The "Condominium Declaration" is on review with the County Attorney. The nine submitted mylar plats and plans are also under review with the Weld County Department of Building Inspection. Additional concerns may be addressed under separate cover. We will be happy to accept your plats and Improvements Agreement once all conditions have been met. Please feel free to contact me with further questions. Sincerely, Anne Best Johnson Long Range Planner electronic copy: M. Daniels-Mika, J. Chester T.S. SKYWAY, L.L.C. ; 1232 BOSTON AVE., LONGMONT, CO 80501 January 19, 2000 Ms. Anne Best-Johnson, Long Range Planner ,;.id County Planning Dept. Weld County Department of Planning Services Weld County Administrative Offices JAN 20 2000 1555 N. 171h Ave. Greeley, Colorado 80631 RECEIVED Dear Ms. Best-Johnson: Thank you for your very detailed Site Plan Review recently completed for our proposed project at Vista Commercial Center. Following is our written response to all of the points raised in that review, as required with final re-submittal of the Site Plan Review Plat. For the purpose of clarity and ease of reference in this letter, we will re-state the conditional clause in your 1/7/00 Administrative Review that we are taking issue with, in Italics. All points that we are in agreement with, and show compliance to, in the final Permit Application Materials and Plat Documentation, are noted as "agreed". As a point of information, the final Plat Documentation Materials consist of the enclosures with this letter and (9) pages of drawings on mylar. These drawings are also part of the full (30) page Building Permit Application, 24"X36" construction drawing set. The(9) pages, in the order referred to in this letter are: SWMP-1; A-1.1; L-1; TR-1; A-7; D-3; A-8, A-6,and E-5. "....Each lot shall be required to provide a drainage plan. ... " Lot drainage issues are generally dealt with in the complete set of Civil Drawings, and specifically already clearly delineated on SWMP-1, ("Stormwater Management Plan"), which was part of the SPR submittal. "Please confer (sic) with the Fire District that dimensions of areas highlighted and labeled as "Y"(23ft) and "Z"(24ft) are adequate. The applicant shall submit written evidence from the Fire District to the Dept. of Planning Services that these dimensions are adequate. The 8/11/99 letter from Luann Penfold to Anne Best-Johnson (CC'd to T.S. Skyway) regarding V Mountain View Fire Protection District's review of the first Skyway Planning submittal for Lots 3 &4 (case # SPR-304) stated in the 3"a bulleted paragraph that ..." Access roads must be a minimum of 20 feet in width." We believe from our last conversation with MVFPD(per our 1/7/00 letter, CC'd to Weld County Planning)that this 20 ft. requirement is still current, and that there are no objections to the current plan on this point, as all access driveways conform to that requirement. The other concerns of MVFPD, regarding an additional required Fire Hydrant (agreed) and turning radius at the S.E. corner of the property(demonstrated to be adequate as shown), were also discussed and confirmed in that 1/7/00 letter. Please refer to these two letters which should already be in your files, as written evidence of conformance to the actual requirement. 2.,B.): "The applicant shall submit wheel track turning radius to the Dept. of Public Works for approval 7 on areas highlighted and labeled as "V". " We are presuming the concern is with Fire Apparatus turning radius, again. Page TR-1, L�'' especially prepared to address this question, shows both inside minimum (35ft) and outside minimum (48ft) radii required by MVFPD. The design was actually done originally on All, L- I, etc. to a more restrictive 22ft inside radius and 50 ft outside radius. 2.,C): L./ "...add pollards to areas labeled "B", and adequately ...protect utility components in vehicular areas. " Agreed. We are showing many more bollards on the final drawings. See pg. A-1.1. /" 3.): "Any modifications... that may affect drainage on site may require... review by the Dept. of Public Works. " Agreed. We so consent . \l'Ci a.A , ),A»: ' is mall car parking spaces...shall be designated by signs which indicate that they are for small \i or compact cars only. " Agreed. Such signage is added and shown on pg. A-7 of the Plat Submittal package. d.,A..,1),A)l: "For 6o degree parking stalls, the stall width shall be a minimum of 9ft, ...min. 21 ft. [long]from stall to curb, and ...have a min. 18ft aisle width. " We are showing individual parking spaces to be this stipulated width, and although the length of the standard space is shown to be 17 ft(19ft along the line),the 24ft aisle shown amply allows spaces on either side of the aisle to be 2ft longer (meeting Planning's requirement of 21 ft) , and still preserve the 20 ft min. driveway width that MVFPD requires. See pgs. A-1.1 and L-1. "...to illustrate pedestrian passage,... a 5ft walk along the perimeter of the island shall be incorporated,... and access to the nearest ...street...[also indicated]. " A 5ft. walk is now shown on all site drawings(A-1.1,LI, etc.) around the usable perimeter of the island , as requested. The existing sidewalks in front of 1804 and 1840 Skyway Drive will be extended to the street pavement edge at Skyway Drive to comply with the later part of this requirement. 2 � "... a typical cross-section of the parking lot... identiing depth of the base and asphalt... V/ This is already correctly shown on pg. D-3 of the Civil drawings. It will also be incorporated into the Plat Submittal package. 4.,A..,3)): "...loading, service or storage areas must be screened with an opaque screen....(\01 )jt" 'ti There are no designated ` off-street loading, service or storage areas"as such, in the complex. None are required by our interpretation of sec. 41.2, Weld County Zoning Ordinance, as no individual Unit(the final user entity requiring a building permit) is over 2,100 sq.ft., with the critical required size being greater than 10,000 sq.ft.. We assume Planning Services is referring to the rear"utilitarian"elevation of each building, with the overhead and man-doors. The overhead doors at the rear of each unit are simply large rear access doors for vehicles to gain entry into the Unit. There will be no anticipated or dedicated exterior storage or perpetual loading, parking or service areas. The Skyway Campus has been designed to orient the rear side of each building away from direct view from Skyway Drive as much as possible (the architecture itself is being used here as an "integral screen"), and in the case of the portions of rear building elevations that can be seen from the street, materials are designated that are more aesthetically pleasing, in compliance to the Vista Architectural Control Covenants. Also, heavily planted landscape screening is shown (pg. A-8)to lessen the impact of the overhead doors where they might be seen by neighboring users in Vista Commercial Center, or observed from Skyway Drive. We feel it fair to point out that our design treatment of the overhead door wall elevations is much more aesthetic and sensitive to the visual screening issue,than done at any of the other existing properties in the Vista Subdivision. In fact, none of those other properties were required to provide any screening(architectural or otherwise)of areas that are unquestionably"loading, service and storage areas". " Whenever the use of the property to he developed... conflict/31 with the use of adjoining property, there shall he an opaque screen planted between the two properties...to moderate the impact of noise, light, aesthetic concerns and traffic. " We assume the neighboring properties in question are to the east and south of the T.S. Skyway property. The user to the east is the City of Longmont Compost Facility, and the use of the I property to the south is former City of Longmont Landfill that is designated in perpetuity to remain undeveloped. We are befuddled how anyone could see the proposed development use "in conflict"with either of these uses. The noise, aesthetic concerns(odors)and traffic generated by the Compost Facility operation at the east side is far greater than anything that will occur on the T.S. Skyway property, so in actuality, you should be requiring the City of Longmont to put Imitigating landscape screening in place on their property, not T.S. Skyway! 4.,A..,5), A)): "...a landscaping installation schedule specifying when the landscaping will be installed on site. '' Agreed. A note has been added to pg. A-8 stating that: "All landscaping installation shall be completed no later than November 30, 2000." 3 4.,A..,5), B)): "A Plant Material List specifying the Botanical and Common names...size,...and whether...containerized or B&B. " This information has already been completely provided. See the upper right corner of pg.A-8. 4.,A..,5), C)): "A landscape maintenance schedule which ...states who will perform ... and that maintenance is on-going, and shall not end on final acceptance by the Dept. of Planning Services. " This provision is included in the Condominium Declaration and By-laws of The Skyway Drive Commercial Condominiums, which are part of the Plat Submittal Package. 4.,A..,5), D)): "... consideration shall he given to the selection of drought tolerant turf species.... " Lawns and other irrigated areas have been designed minimum in size, primarily with water conservation in mind. Sod (as opposed to seeded lawn) is the preferred choice for establishing lawn areas, with minimal water expenditure in the establishment phase. To further satisfy your request for this point, a specification will be added to the drawings (pg. A-8)that the "Sod applied shall be as drought-tolerant a variety as available to minimize water use once established." 4.,A...5), EE: "...applicant shall investigate the lower maintenance possibilities of extending[low water use species or materials]... to cover areas proposed for turf... highlighted as "A"." Agreed. We will revise the designation of this area in question from "lawn"to"low ground cover: Blue Rug Juniper, or similar species." The green ground cover will be nice, but much lower maintenance than lawn. Agreed....site lighting schedule, plan, and typical halo outline are included by reference to the manufacturer's standard data, and as shown on page A-6 of the final Plat Documentation Materials. The lighting engineer's design parameters state that all exterior lighting fixtures shall be mounted and arranged such that there will be no glare incident on adjoining residential uses (there are no adjoining residential areas in this case),or directed at vehicles on neighboring streets and alleys(Skyway Drive is the only available neighboring street in question). The foot candle levels and halo outline isobars shall be shown on a new drawing page E-5, which is a part of the Plat Submittal Package. 4.,8.): A specific Private Road Maintenance Agreement is no longer a separate agreement, and is now included as a part of the general "Improvements Agreement According Policy Regarding Collateral For Improvements"(revised 6/97). It is enclosed with this letter. 4 4.,C.1: Agreed....No site drainage is intended to be diverted to the City of Longmont Compost Facility property, and this is clearly shown on page SWMP-1 of Civil drawings in the final Plat Documentation Materials. 4.,D.): Agreed....Mountain View Fire Protection District's approval is enclosed with this letter. All the qualifying comments and stipulations noted in that approval letter, regarding system design, building address numbers, Knox boxes, and engineering requirements, have been met, and are supported in the Permit Application Materials/ Mat Documentation. Agreed (as a previous condition)....Left Hand Water District's Confirmation of Capability and Intent to provide services is shown in their letter dated 10/5/99, a copy of which is enclosed with this letter. Agreed (as a previous condition)....St. Vrain Sanitation District's Confirmation of Capability and Intent to Provide Services is shown in their letter dated 10/5/99, a copy of which is enclosed with this letter. 4.,E.1: Agreed....an "Improvements Agreement According Policy Regarding Collateral For Improvements" stating amongst other items, that adequate capital will be held in reserve for landscaping improvements, per response attachments"A" and "B", is enclosed with this letter. Please review the items specifically addressed in the response, and if they are acceptable to the extent desired, then we can immediately have our banker(Chuck Allen @ First National Bank, Longmont) perfect a letter of credit for that verified amount. 4.P., 1 through 27.}: Agreed ... all items will be exactly restated and incorporated as notes on the final Plat, pg. A-1.1. 5, a.,b.,& c.]: "Prior to Release of Building Permits" All of the stated conditions are acknowledged and agreed to, and will be conveyed to individual Condominium owners, in a timely fashion, as their need to become involved with the Planning Services and Building Inspection Processes arises. The Final Plat Submittal support documents are multiple pages (Sotal), all in the 24" X 36" format. 5 7.; An inspection by Mountain View Fire Protection District will be requested and confirmed before expected release of the Certificate of Occupancy. The marked-up drawings returned to us included an area"S", which had the handicapped parking space moved one space to the west. There was no corresponding discussion of item "S" in the accompanying letter text, so we are assuming that , for whatever reason,the handicapped space needs to be moved. We have done so, just to expedite this response process. Please feel free to contact me personally, if you have questions or would like further explanation of any of these points. Sincerely yours, Stephen B. Strong, Partner, T.S. Skyway L.L.C. Rjf: end 6 Following Attachments: Letters of consent and approval from services providers for this development: • Mountain View Fire Protection District County Planning Dept • St. Vrain Sanitation District • Left Hand Water District JAN 20 2000 RECEIVED RECEIVED SEP 2 8 1999 MpUNTAiy i•,JUNTAIN VIEW FIRE PROTE.:TION DISTRICT P Administrative Office: • 9119 County Line Road • Longmont, CO 80501 a (303) 772-0710 • FAX (303) 651-7702 8 F VIEW September 27, 1999 Mr. John Sargent Sun Construction 1232 Boston Street Longmont, CO 80501 Dear Mr. Sargent: I have reviewed the submitted material pertaining to the site plans for the TS Skyway buildings located at 1780, 1792 and 1804 Skyway Drive (Case Number: SPR-304). The preliminary site plans are approved based on the following comments and stipulations: • Buildings shall be designed and constructed in accordance with the provisions of the 1994 Edition of the Uniform Fire Code, as ratified by the Weld County Commissioners, and all other applicable codes as enforced by Weld County. • The largest building appears to be about 29,400 square feet of type II-N construction and protected throughout with an automatic fire sprinkler system. In accordance with Appendix III-A of the Uniform Fire Code, the required fire flow for the building is 1,875 gallons per minute, measured at a residual pressure of 20 pounds per square inch. Based on a flow test conducted an September 7, 1999, the Fire District recognizes the required fire flow is available to the site. Fire hydrant locations as shown on preliminary plans are satisfactory. • Fire apparatus appears to be adequate as indicated on revised sheets showing all access roads at least 20 feet in width. Apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus (60,000 pounds), have a surface that provides all-weather driving capabilities and be free from obstructions which inciudes docked gates. • Approved address numbers shall be placed on each buiiding in such a position to be plainly visible and le,ible from the street fronting the property. Address numbers or Letters snail contrast with their background. • Fire department key boxes (Knox Box) are required to be installed at Fire District approved locations on the exterior of each building. Suitable boxes are Models 3200 and 4400. Models 3200R and 4400R are available for recessed mounting. An application for the boxes has been enclosed and should be returned directly to the Knox Company. Station 4 Station 5 station 6 Station] SCnly t. 1 Station 1N2 cS.aBon 3 ?O.Bay 40 9119 Cmo .C Pd. Longmont. WCA❑ P O.Palmer Sly PO.Bay t t !0Lafayette. a t Domain Pun P C.Boa 666 Niwot '00 50.Forest St. ��n9n CO Wng50 CO Meat99 CO9054 NM,�CO 80544 Lot 30026 CO Eneo C080516 oamno.CO 80514 90501 80504 M•aU.C 80542 Mr. John Sargent September 27, 1999 Page Two • Plans for the fire sprinkler systems must be submitted to the Fire District for review and approval prior to installation. Each system shall be monitored separately by an approved central receiving station. All waterflow switches and valves controlling the water supply for the sprinkler system shall be electrically supervised. Valve supervision, water flow alarm and trouble signals shall be distinctly different and shall be automatically transmitted to the central receiving station. Plans for the digital alarm communicator transmitters (DACT) must be submitted to the Fire District for review and approval prior to installation. All plan submittals must include specification sheets for all devices to be installed. • If any other fire protection systems are contemplated, the plans for such systems must be approved by the Fire District for prior to installation. • Building construction plans and a final site plan must be submitted to the Fire District for review and approval before building permits may be issued. The final set of site plans must include a utility plan showing the final fire hydrant locations and water main sizes. Tenant finish plans will be required for the tenant spaces as each space is finished. • A final inspection of each building will be required by a member of the Fire District before any Certificate of Occupancy is issued from Weld County. All requests for inspections should be made to the Fire Prevention Office at least three business days in advance. • Fees are$50 per hour, per inspector, for any failed inspection that would require an inspector to return to the site for additional inspection. Reinspection fees must be paid at the District Administration Offices before a reinspection may be scheduled. The Fire District reserves the right to make further comments as the project proceeds. 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. Should you have any questions, please contact me at(303) 772-0710. Sincerely, f LuAnn Penfold `, Fire Marshal LMP/lo cc: Roger Vigil, Weld County Building Department, 1555 N. 17th Avenue, Greeley, 30631 c T.S. Skyway, LLC., 1232 Boston Avenue, Longmont, CO 30501 project file file Ip09.25..99 Sun Construction & Design Services , Inc . General Contractors TRANSMITTAL LETTER Date: it&I t9)O0 RE: - t C, , /(Ctit Gd c eR 3lvf) Tu: 1-U ali yv7 /i�in�lJnJAfU— StTc5 , Attention: / 1 MJvG T*4t1 7v Fad: art) --3d`fr-b cf10- We are Enclosin• /Fax-. - Page(s) (including this page) of the following: ITEMS: Transmittal 0 LgrrkA_--1 .4 itj D INFORMATION: _For Approval Resubmit _Approved as Noted As Requested Approved Final ≥For your Files )cFor your Information _For review/comment _For Bid Due Sign and Return For Payment _^Other_ REMARKS: t N41Q Twi If you have any questions. please contact ma Thank you. Sun Construction .k Design Services. Inc. `i//J b 1222 Eastcn avenue - L cncmcnt. CC 80001 - (CO3) 772-&&76 • (203) —=7220 • FAX (303) SO/IO'd 82SO L99 OLE NO[InInNISNnfl NOS 9cet7 nrnl7-nT-FHr T.S. SKYWAY, L.L.C. 1232 BOSTON AVE., LONGMONT, CO 80501 January 7, 2000 Ms. LuAnn Penfold, Fire Marshal Mountain View Fire Protection District 9119 County Line Road Longmont, CO 80501 Dear Ms. Penfold: This letter is to confirm and record our meeting of last Tuesday, 1/4/2000, at which we discussed your concerns with the Skyway Commercial Center Re-design, Weld County Planning Services case # SPR314. Specifically, we resolved our points of contention in your 12/16 letter to Anne Best-Johnson re: "T.S. Skyway buildings located at 1780, 1792 and 1804 Skyway Drive." A copy of that letter is attached here, for reference. As an aside, we have now (finally)have been assigned correct addresses for the three buildings on the property (lots 2 & 3 of Block 3 of Vista Commercial Center, 1st filing): they will be shown on the final Construction Drawings and Plat as 1804, 1822 and 1840 Skyway Drive. • We are in complete agreement with all of your first bulleted comment,that"all buildings will be designed and constructed in accordance with the Uniform Fire Code (1994), and all other applicable Weld County Codes." • We agree with your second bulleted comment,that a third fire hydrant is necessary to provide complete coverage to all the property, according to the distance measurement formulas employed. To satisfy this necessity, another hydrant will be shown and installed on the island at the north end of the L- shaped building (1822 Skyway Drive). Before actual hydrant installation, we would like further direction from you as to what the preferred direction the two new on-site hydrants should"face", if that is a concern. • Your third bulleted point questioned the turning radius provided for fire apparatus, especially at the southeast corner of the L-shaped building. Due to the omission of specified radii and center points on the drawings you were provided, -r, orcn Joo c,Jc d kinrinnvicNm Mr oc•T7 aaa7-2T-NHi there was understandable confusion on this issue. The corner in question was actually designed to accommodate a max. 50ft outside turning radius, and min. 22ft inside turning radius, which actually requires more space than the 48ft outside and 35 ft inside radii you mentioned. The turning radii and center points at each driveway corner will be correctly shown on the final drawings. • We are in complete agreement with your fourth bulleted point. You gave me copies of the forms we should use in submitting final plans to MVFPD, and I thank you for those. • We will make requests for inspections, with appropriate advance notice, per your comments in the 5`h bulleted point. We will certainly keep you apprised of any changes or other events that influence this project, as it proceeds. Should you have any questions ,please feel free to contact me at 303-444-4780 or bobf(a sunconst.com, if you prefer e-mail. Sincerely yours, Robert J. Ferenc, for Stephen B. Strong Partner, T.S. Skyway L.L.C. Rjf: encl Cc: Anne Best-Johnson, Weld County Long-range Planner @ 970-304-6498 2 SO/FO'fl RF40 2.99 AV.F, ' NOLLOFIHISNOD NOS 9S:1? 0002-0T-NHf F 01'04/00 09: 47 FAX 970 304 649' WELD PLANNING Z 005 . MoUNTAia . MOUNTAIN VIEW FIRE PROTECTION DISTRICT '.' I a Administrative Office: F i S 9119 County Line Road a Longmont. CO 80501 p c (303) 772-0710 • FAX (303) 651-7702 F. E December 16, 1999 Ms. Anne Best Johnson ' Weld County Planning Department - 15555 North 17th Avenue Greeley, CO 80631 -- -- Dear Ms. Johnson: - 1 have reviewed the submitted material pertaining to TS Skyway buildings located at 1780, 1792 ' and 1804 Skyway Drive (Case Number: SPR-314). The property named is within the boundaries of the Mountain View Fire Protection District and receives service from the District. • The Fire District does not object to the request to build the buildings provided the requirements of the Fire District can be met. In accordance with the 1994 Edition of the Uniform Fire Code, the Fire District will make the following comments with regard to the project: • Buildings shall be designed and constructed in accordance with the provisions of the 1994 Edition of the Uniform Fire Code, as ratified by the Weld County Commissioners, and all other applicable codes as enforced by Weld County. • The largest building appears to be about 40;600 square feet. If the building is constructed of type Il-N or 11I-N construction and protected throughout with an automatic fire sprinkler system, the required fire flow for the building is 2,125 gallons per minute, measured at a residual pressure of 2D pounds per square. This water supply must'be provided by at least three lire hydrants pressure or 20 pounds per square inch. This water supply must be provided by at least three fire hydrants. All hydrants used to meet the required water supply -shall—be-within 600-feet of.the building as measured along approved fire apparatus-access. c ,_ _ -- routes'around the exterior of the building; and, at leasrone fire hydrant shall be located such -- that it is within 450 feet of all portions of the building. It appears that an additional on-site fire hydrant will be needed to meet the above outlined distance criteria. • Fire apparatus may not be adequate as indicated on the plans submitted. The Fire District is concerned that the required turning radii for Fire District apparatus may not be met The turning radius of a fire apparatus access road shall be a minimum of 35 feet inside diameter and 48 feet outside diameter. If fire apparatus can make the turns through out the fire apparatus access is acceptable. The southeast corner of the large building really appears to be questionable. Apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus (60,000 pounds), have a surface that provides all-weather driving capabilities and be free from obstructions which includes locked gates. 5LAI,or 4 5MI=r s Su1un s Stour 7 $LLI'L 1 S�1 wr 2 Sueen 3 ,n!' OW,Fun 2 5 Soe tee e,O.Sea 40 9LC uni.CAa, �C9C ' t,COF.O.0e• At.STS e.0.9e411 ies se Finer Si er•,g++oni.CO -on<�em, 0 .JP Fwmer n�e� E50c u�•a aeon taMyn"e CO eno,.CnW WI B Ocmnc,CO 90.^4 BC'01 SO400 wweee.CO E054Z Nr•ct CO sO5ee tOC2E cn/bnl'rl RccPi 1.99 W.F. Nn t I'1r1N I SNn.1 king cIC,r7 rnn7-Ian-NH f 60'd idiot 01/03/00 09:47 FAX 970 304 6490 WELD PLANNING iZZI 009 Ann Bes:Johnson December 16, 1999 Page Two • Building construction plans and a final site plan must be submitted to the Fire District for review and approval before building permits may be issued. The final set of site plans must include a utility plan showing the final fire hydrant locations and water main sizes. Tenant finish plans will be required for the tenant spaces as each space is finished. • A final inspection of each building will be required by a member of the Fire District before any Certificate of Occupancy is issued from Weld County. All requests for inspections should be made to the Fire Prevention Office at least three business days in advance. The Fire District reserves the right to make further comments as the project proceeds. 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. Should you have any questions, please contact me at(303) 772-0710. Sincerely, LuAnn Penfold Fire Marshal 12v1P/1p cc: Roger Vigil, Weld County Building Department, 1555 N. 17th Avenue, Greeley, 80631 T.S. Skyway, LLC., 1232 Boston Avenue,Longmont, CO 80501 project file file 1972.09,99 SO/SO'd 82S0 L99 OL6 ' NOILDO ISNOD Nf1S 1.S:12 ARA?-RT-NHf rt DEPARTMENT OF COMMUNITY DEVELOPMENT PLANNING DIVISION CQLOR tY� Civic Center Complex/Longmont, CO 80501 (303) 651-8330/Fax#(303) 651-8696 E-mail: lottemontmlanning@ci.longmont.co.us Web site: http://www.ci.longmont.co.us ..1d County Planning Dept_ January 6, 2000 JAN 07 2000 Ms. Anne Best Johnson RECEIVED Weld County Planning Department 1555 N. 17th Avenue Greeley, CO 80631 RE: Case Number: SPR-314 Dear Ann: Thank you for sending the site plan for Lots 2 Sc. 3, Block 3, Vista Commercial Center, 1" Filing (Skyway Commercial Center) to the City of Longmont for our review and comment. Vista Commercial Center is located south of SH119 and east of WCR 3.5. This particular site is located on Skyway Drive just west of the City of Longmont's composting facility. The City of Longmont's comments on this proposal concern grading and drainage on the City's composting site and concern establishing a buffer between development and the City's landfill. Although not shown on the plans nor mentioned in the application, various City staff members are discussing these issues with the owners and applicants of this project. Cal Youngberg, Water Quality Director, has been discussing issues associated with the grading of the site on the south and southeast boundaries so that it does not cause drainage problems or erosion on the City's composting site. Erosion has already been a problem on the north end of the composting site where Vista View Road has been constructed. Steve Strong of Sun Construction has suggested that Sun Construction construct a landscaped berm on the south and east property lines between the proposed buildings and the City's composting site. The berm would be located mostly on City property, and Sun Construction would pay for its construction. Cal Youngberg has received draft plans for the berm and will be working out final details with Sun Construction as well as an agreement regarding responsibilities for construction and long- term maintenance. Richard Lee, Solid Waste Supervisor, has been coordinating with a consultant and with the property owners and applicants to assess what width of buffer is appropriate between development and the City's landfill. They should arrive at an equitable resolution in the coming months. Given these two issues, and recognizing the ongoing efforts to resolve them for all parties concerned, the City requests that Weld County condition any approval of this application upon resolution of these issues between the owner and/or applicant and the City. Again, thank you for giving the City an opportunity to review this application. If you have any questions, please call me at 303/651-8326 or send e-mail to froda.greenberg@ci.longmont.co.us. Feel free to also contact Cal Youngberg, concerning the composting site (303/651-8339 or cal.youngberg@ci.longmont.co.us) or Richard Lee concerning the landfill (303/651-8767 or richard.lee@ci.longmont.co.us). Sincerelly, eta. Froda Greenberg, AICP Principal Planner xc: Phil Del Vecchio, Community Development Director Brad Schol, Planning Director Cal Youngberg, Water Quality Director Barb Huner, Public Works Director Richard Lee, Solid Waste Supervisor File: #2050-8a16a ' wwyn irn i n m Um for One- +S* o pc m WI-Ah p rG'us I. nr) fv { aC--/..7 4 I_i I led cehine- , y 111r / --,\r-6 pc MrO 01,0m1t- M Ven6-74,17)1 cz, f 7►Y, --nett e---4-- . ci i\mc-irrAy I a t e 1c d. ct g- .NI' anal Z (Thr{ )NIo un cnt h in I C4 haS(CtirZ a KOoinCi 19a ?rd( . 11611-Yrm 1 C ( - I�Ia nd 1 vtreLt ic, C7 l( T7k •-f c �f (1 • hztol �hfrd X1. A nn 1)410f-1-TA O F (f . h� L r j b -W. 44 s 0,7 y) ,' hee I ti�.G1!= 1, {fl I-7-) IT/C117/15 X77 f rlo (�G{ 1Lpei-W4,t m I YYm I,�1Tili Irr�h 45 V X - 6 D (Y) 9&t (AA) tth.U4 , h i'o I crih d iit,5 T 5heto ( ithuel fir ‘-zavm U%( . (((44T CG4rz) 4 v1 (F, Gi.2C ) -. -fzw�C� CL� C Cl.✓Zvi '. ?II Ore-Cr (ei )i io(_6. G uim psir -tZ? Cpl l tGtitt) - x Atr41 k-- i h t ploun 1 t it f-v kDP5 . 4 i /, _ 5 044JIAI ; hflhIeth Aanctgettx Lea o 2,1-taitO ik9 A t4 lrn Gt'y'cat-ix, htiiA ( G tivx ni✓)7)//lrJit 1` 144.-r-. 1114hi,7jhkd 6 )(Nita E O 1 I UL It3 Gn b lVx 4144 'n ) at it Knit/16 (f4/11 RECEAVF!) DEC 0 8 1999 PUBLIC WORKS DEPT Weld County Referral C. December 6, 1999 • COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant TS Skyway, LLC Case Number SPR-314 • Please Reply By December 27, 1999 Planner Anne Best Johnson Project Site Plan Review for condominium office and warehouse • Legal Lots 2 & 3, Block 3, Vista Commercial Center, 1st Filing, located in N2 of Section 8, Township 2 North, Range 68 West of the 6th P.M., Weld County, Colorado. Location Approximately 1/4 mile south of SH 119 east of WCR 3.5 on Skyway Drive. For a more precise location, see legal. Parcel Number 131 08 103003/1313 08 103002 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. ❑ 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 Ad. u J t a - o� e Agency get / '.,G JI Date 44/Veld County Planning Dept. +1555 N. 17th Ave.Greeley,CO.80631 +(970)353-6100 ext.3540 +(970)304-6498 fax • i MEMORANDUM ' TO: Anne Best Johnson, Long Range Planner DATE: December 28, 1999 FROM: Donald C� Carroll, TS Skyway,Engineering ACoministrator icy SUBJECT: SPR 314 COLORADO Lots 2 & 3, Block 3, Vista Commercial, 1s` Filing The Weld County Public Works Department has reviewed this proposal. This project falls primarily under the purview of the Mixed Use Development Area (MUD) and Site Plan Review Standards. Our comments and requirements are as follows: COMMENTS: v All transportation and drainage reports for Vista Commercial, First Filing, Phase I, have been completed. Each lot shall be required to provide a drainage report. V'truck traffic shall utilize the rear circulation pattern with one way in and one way out.✓-he internal circulation appears to be adequate for the facility.Vthe parking lot shall be paved with curb, gutter, sidewalk, and appropriate striping. i/fhe storm water drainage plan report was prepared, signed, and stamped by Pickett Engineering. The calculations and design appear to be adequate. REQUIREMENTS: /An Improvements Agreements According Policy Regarding Collateral for Improvements shall be required. c/the applicant shall indicate on the plat, at all access points, culvert size and type. cc: SPR-314 plan3spr .e•,d County PlanningDzPk., DEC 3 U 1999 • 4 Memorandum 1 TO: Anne Best Johnson, W. C. Planning C� DATE: December 14, 1999 COLORADO FROM: Sheble McConnellogue, W. C. Environmental Services CASE NO.: SPR-314 NAME: TS SKYWAY, LLC Environmental Health Services has reviewed this proposal for a condominium office and warehouse. The application did not describe the types of businesses that will lease space within this site. Any business that leases space at this site shall be required to submit a Site Plan Review as each use will require specific requirements,depending on each business. The following conditions are recommended to be part of any approval: ll. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-101, C.R.S.,as amended)shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. /2. No permanent disposal of wastes shall be permitted at this site. v3. Waste materials shall he handled,stored,and disposed in a manner that controls fugitive dust,blowing debris.and other potential nuisance conditions. if/4. Fugitive dust shall be controlled on this site. y 5. The maximum permissible noise level shall not exceed the commercial limit of 60 db(A)as measured according to 25-12-102, Colorado Revised Statutes. v 6. Adequate toilet facilities shall be provided for the public and employees. 7. The facility shall utilize the existing public water supply. (St. Vrain Sanitation) 8. The facililty shall utilize the existing public water supply. (Left Hand Water District). 9. All pesticides, fertilizer,and other potentially hazardous chemicals must be stored and handled in a safe manner. Reference 25-8-205.5 Colorado Water Quality Control Act and Rules and Regulations thereof. sm/61 I Weld County Referral C. December 6, 1999 • COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant TS Skyway, LLC Case Number SPR-314 Please Reply By December 27, 1999 Planner Anne Best Johnson Project Site Plan Review for condominium office and warehouse Legal Lots 2 & 3, Block 3, Vista Commercial Center, 1st Filing, located in N2 of Section 8, Township 2 North, Range 68 West of the 6th P.M., Weld County, Colorado. Location Approximately 1/4 mile south of SH 119 east of WCR 3.5 on Skyway Drive. For a more precise location, see legal. Parcel Number 131 08 103003/1313 08 103002 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. ❑ 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. Sae attached letter. Comments: Signature = 2/7/ Agency ,Jr2 Date :•Weld County Planning Dept. +1555 N. 17th Ave.Greeley,CO.80631 5(970)353-6100 ext.3540 5(970)304-6498 fax DEPARTMENT OF BUILDING INSPECTION 1555 N. 17TH AVENUE GREELEY, COLORADO 80631 ' PHONE (970) 353-6100, EXT.3540 C. FAX (970) 304-6498 COLORADO December 7, 1999 TS Skyway, LLC / SPR-314 V I. Proper building permits shall be obtained prior to any construction or excavation. Part of the permit application process includes a complete plan review. 2. The building structures will require a complete set of engineered drawings. Engineered foundation drawings shall be accompanied by a site specific geotechnical report or an "open hole" inspection performed by a licensed Colorado Professional Engineer. 3. The allowable size of the structures shall be as per Sections 504 and 505 of the 1997 Uniform Building Code (UBC). 4. Distances to property lines and adjacent buildings must meet the limitations outlined in Table 5-A of the UBC. 5. Separate permits are required for each tenant finish. The types of occupancies allowed may be influenced by adjacent uses. Area separation walls with appropriate foundations may be required. Floors drains with interceptors may need to be installed in existing floors in some cases. These items and other relevant provisions will be enumerated at the time of plan review for each unit. Both the shell of the building and the individual units shall meet the following requirements: 1. Requirements for light as found in Section 1202.1 of the UBC will need to be followed. 2. Section 1202.2 of the UBC contains requirements for ventilation. 3. The provisions for fire-protection as found in Chapter 9 of the UBC must be applied where applicable. 4. The number and type of bathroom facilities shall be as outlined in Chapter 29 and Appendix Chapter 29 of the UBC. Service,Teamwork, Integrity,Quality 5. Handicap accessibility shall be provided as required in Chapter 11 and Appendix Chapter 11 of the UBC. 6. A complete plan review shall be preformed by the appropriate fire district. 7. Additional requirements or changes may occur at the time the complete set of plans is reviewed by the Weld County Building Inspection Department or the Fire District. Since ly, D. e Spra;ue+ Buil. _ •fficial Service,Teamwork, Integrity,Quality .. Ketzti;.%), Weld County Referral give December 6, 1999 • COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant TS Skyway, LLC Case Number SPR-314 Please Reply By December 27, 1999 Planner Anne Best Johnson Project Site Plan Review for condominium office and warehouse Legal Lots 2 & 3, Block 3, Vista Commercial Center, 1st Filing, located in N2 of Section 8, Township 2 North, Range 68 West of the 6th P.M., Weld County, Colorado. t t Location Approximately 1/4 mile south of SH 119 east of WCR 3.5 on Skyway Drive. For a 4 more precise location, see legal. Parcel Number 131 08 103003/1313 08 103002 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. ❑ 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: /571/"A , ?2i G(W _7-+117/' l r Signature ' iggel ) O14 Q Agency / `iiiazC ?ttL Date -- •Weld County Planning Dept. 1555 N. 17th Ave. Greeley,CO.80631 •?(970)353-6100 ext.3540 •>(970)304-6498 fax fiL0.4. 4,s. , oats% r ► As► DEPARTMENT OF COMMUNITY DEVELOPMENT "�4Z0 PLANNING DIVISION L OR pY Civic Center Complex/Longmont, CO 80501 (303) 651-8330/Fax# (303) 651-8696 E-mail: longmont.planning@ci.lonxmont.co.us Web site: http://www.ci.longmont.co.us December 28, 1999 Ms. Anne Best Johnson Weld County Planning Department 1555 N. 17th Avenue Greeley, CO 80631 :,,d County Planning Dept. RE: Case Number: SPR-314 DEC 30 1999 Dear Ann: ^ ECuyFn Thank you for sending the site plan for Lots 2 & 3, Block 3, Vista Commercial Center, l` Filing (Skyway Commercial Center) to the City of Longmont for our review and comment. Vista Commercial Center is located south of SH119 and east of WCR 3.5. This particular site is located on Skyway Drive just west of the City of Longmont's composting facility. The City of Longmont's only comment on this proposal is the same one we made on an earlier referral for this property. We respectfully request that the grading of the site on the south and southeast boundaries be such that it does not cause drainage problems or erosion on the City's composting site. Erosion has already been a problem on the north end of the composting site where Vista View Road has been constructed. V' Although not shown on the plans nor mentioned in the application, Steve Strong of Sun Construction has talked with Cal Youngberg, Water Quality Director, about addressing these concerns. Mr. Strong has suggested that Sun Construction construct a landscaped berm on the south and east property lines between the proposed buildings and the City's composting site. The berm would be located mostly on City property, and Sun Construction would pay for its construction. Cal Youngberg expects to see plans of the proposed berm for review after January 1st. At that time Cal will be in a better position to assess how well the proposal will address the City's concerns. Again, thank you for giving the City an opportunity to review this application. If you have any questions, please call me at 303/651-8326 or send e-mail to froda.greenberg@ci.longmont.co.us. Please contact Cal Youngberg, Water Quality Director, concerning the composting facility and discussions with Sun Construction. Cal can be reached at 303/651-8339 or cul.youngberg@ci.longmont.co.us. Sincerely, Froda Greenberg, AICP Principal Planner xc: Phil Del Vecchio, Community Development Director Brad Schol, Planning Director Cal Youngberg, Water Quality Director File: #2050-8a16a C(.7(, d` ill" atilil. Weld County Referral liVe December 6, 1999 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant TS Skyway, LLC Case Number SPR-314 Please Reply By December 27, 1999 Planner Anne Best Johnson . Project Site Plan Review for condominium office and warehouse Legal Lots 2 & 3, Block 3, Vista Commercial Center, 1st Filing, located in N2 of Section 8, Township 2 North, Range 68 West of the 6th P.M., Weld County, Colorado. Location Approximately 1/4 mile south of SH 119 east of WCR 3.5 on Skyway Drive. For a more precise location, see legal. 9 Parcel Number 131 08 103003/1313 08 103002 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. ❑ 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. cgi See attached letter. Comments: 1'lc) < < e "` • Signature y,___ C ,-�A Q_ 1 c_. `t 'slit--C\ Date Agency �M \ Q. e, , 1,-- . ,--c l � •}Weld County Planning Dept. •:•1555 N. 17th Ave. Greeley. CO. 80631 4(970)353-6100 ext.3540 (ZT30 gW L711 2 DEC 0 h 1999 ouNTq1/4 MOUNTAIN VIEW FIRE PROTECTION DISTRICT a Administrative Office: 9119 County Line Road• Longmont, CO 80501 (303) 772-0710• FAX (303) 651-7702 .L F VIEW December 16, 1999 Ms. Anne Best Johnson Weld County Planning Department 1555 North 17th Avenue / Greeley, CO 80631 Dear Ms. Johnson: 1 have reviewed the submitted material pertaining to TS Skyway buildings located at 1780, 1792 and 1804 Skyway Drive (Case Number: SPR-314). The property named is within the boundaries of the Mountain View Fire Protection District and receives service from the District. The Fire District does not object to the request to build the buildings provided the requirements of the Fire District can be met. In accordance with the 1994 Edition of the Uniform Fire Code, the Fire District will make the following comments with regard to the project: • Buildings shall be designed and constructed in accordance with the provisions of the 1994 Edition of the Uniform Fire Code, as ratified by the Weld County Commissioners, and all other applicable codes as enforced by Weld County. • The largest building appears to be about 40,600 square feet. If the building is constructed of type II-N or 11I-N construction and protected throughout with an automatic fire sprinkler system, the required lire flow for the building is 2,125 gallons per minute, measured at a residual pressure of 20 pounds per square. This water supply must be provided by at least three fire hydrants pressure or 20 pounds per square inch. This water supply must be provided by at least three fire hydrants. All hydrants used to meet the required water supply shall be within 600 feet of the building as measured along approved fire apparatus access routes around the exterior of the building; and, at least one fire hydrant shall be located such that it is within 450 feet of all portions of the building. It appears that an additional on-site fire hydrant will be needed to meet the above outlined distance criteria. • Fire apparatus may not be adequate as indicated on the plans submitted. The Fire District is concerned that the required turning radii for Fire District apparatus may not be met. The turning radius of a fire apparatus access road shall be a minimum of 35 feet inside diameter and 48 feet outside diameter. If fire apparatus can make the turns through out the fire apparatus access is acceptable. The southeast corner of the large building really appears to be questionable. Apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus (60,000 pounds), have a surface that provides all-weather driving capabilities and be free from obstructions which includes locked gates. Station 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.O.Box 40 Longmont,CO Longmont CO 299 Palmer Ave. 8500 Niwot Road Lafayette,CO 600 Briggs 100 So.Forest St. 80501 80504 Mead,CO 80542 Nlwot,CO 80544 80026 Erie,CO 80516 Dacono,CO 80514 Anne Best Johnson December 16, 1999 Page Two • Building construction plans and a final site plan must be submitted to the Fire District for review and approval before building permits may be issued. The final set of site plans must include a utility plan showing the final fire hydrant locations and water main sizes. Tenant finish plans will be required for the tenant spaces as each space is finished. • A final inspection of each building will be required by a member of the Fire District before any Certificate of Occupancy is issued from Weld County. All requests for inspections should be made to the Fire Prevention Office at least three business days in advance. The Fire District reserves the right to make further comments as the project proceeds. 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. Should you have any questions, please contact me at 1303) 772-0710. Sincerely, C LuAnn Penfold Fire Marshal LMP/lp cc: Roger Vigil, Weld County Building Department, 1555 N. 17th Avenue, Greeley, 80631 T.S. Skyway,LLC., 1232 Boston Avenue, Longmont, CO 80501 project file file 1p12.09.99 ANNE JOHNSON Sde plan review Reply Page 1 From: LEE Morrison To: i:jmfolsom@ecentral.com Date: 12/14/99 8:40AM Subject: Site plan review-Reply I am of the opinion that your comments do not conflict with your role as a planning commission member. I am not expressing an opinion one way or another as to the merits of your comments CC: bbarker, mmika,jchester ANNE JOHNSON Site plan review... ., . ., . Page 1 ', From: jmfolsom <jmfolsom@ecentral.com> To: <Imorrison@co.weld.co.us> Date: 12/12/99 3:49PM Subject: Site plan review 7050 Loma Linda Ct. Longmont CO 80504 303 833 2992 Monica Daniels Mika, Director Weld County Dept. of Planning Services 1555 N 17 Ave. Greeley CO 80631 Subject: Application for Site Plan Review, Skyway Commercial Center Dear Ms Daniels Mika: The following points might be considered in the departmental review of this project based on the information that was available to me: In general, it has been my experience that commercial centers, whether structured as condominiums or leaseholds, involving numerous small units, are difficult to control with regard to enforcement of parking, signage, hours of operation, number of employees, storage of junk, outside storage, maintenance of common areas and other regulations and conditions. This project has a detailed Condominium Declaration for control of these conditions. However, like covenants, these documents are as good as the will to enforce them, and as a practical matter are not enforceable by county government. It is important that county approval of the site plan be conditional on strict enforcement of the condo agreement and of county ordinance standards, and that county code enforcement monitors conditions to ensure they are being met. Because of the rising slope of the land from SH119 at Vista Commercial Center, all the buildings on the site are prominently visible from the highway, Thus, it is important that the buildings and signage have good aesthetic qualities ant that the buildings and their uses be well maintained. It might be checked that there is sufficient clearance for unloading and passing of trucks on the pavement in the rear of the units [as little as 30 feet]. Trucks will be backing up to the units and the traffic flow is designated as being one way which restricts choice of egress. There is no curb and gutter specified along the south line of the truck driveway which might result in earth being washed onto pavement and trucks going onto lawn areas. There are no specifications presented for the signage on individual units, only for the condo community. We don*t want a repetition of the Centennial bank debacle. The only control of signs indicated in the condo agreement is that they would have to be with the permission of the board of directors. However, again, this would not be readily enforceable by county government unless made a condition of approval.. When all of the condos have been purchased, will the developer no longer be associated with the project and the condo owners solely be responsible for enforcement of the condo agreement covenants? Some plantings as shown in the landscaping plan appear to not have landscape setbacks required in 23.2.1.13.2 and might when grown block the access view as required in 23.2.1.18. SConstruction & Design Services . Inc . General Contractors SKYWAY COMMERCIAL CENTER November 29, 1999 SITE PLAN REVIEW SUBMITTAL CHECKLIST ITEMS REQUIRED FOR SUBMIT SAL It em # 1 1 ` e a . Oncinai acoiication corm (page 9) pius nine (9) copies: (Page 9) Item#2 15ea . Oncinal Site Plan Review Ca:'dncatien corm (pace 10): Item #3 15ea . Copy of ceec or legal instrument identifying applicants interest in gropeny; Item #4 15ea . Three conies of aooiiaon recuirements as sztec on paces 2. 2, and 4: Item #7 15ea. Three ccoies of a letter torn a water district. municipality, or a copy of a well oernit(s) incicacnc existing service or avaiiaciiity of water service to serve the site: Item #8 15ea . nree ccoies of a letter torn a sanitarian district. munic:oaiity, or a :coy of a secric permits) Indicarr; existing service or avaiiaciiity of sewage dispcs21 to serve the site: Item #9 15ea . -wo conies cf Roac Access Information Sheer inc:uding oncinal (page 11); Item #12 floor plan(1c)5caiesc#,13he s si clan te ;R an_1a51s2apa #14; landscape 15ea E n c l o s e ri lea . 00.00 accrcaron fee: N /A 5200.00 investigation fee. if applicacle Acknowledged In an erfcrr to increase efncenc/ anc recuce Decar-,ent of Plann:nc Services' staff :;me involved in re-oincinc acciicanons for maninc, all cccies snail Pe collates ,ntc compere acciicaucn carets arc tcunc with cancer c.:cs cry. All macs are :c de fciced arc incucec with ear ...giviaual :2::<e: Acclicatio s _cunt .i, any 'asn;cr other .ran :.ncer c: : 'sc:ral nincinch. ono -.,, . etc.; wdi _c :re a_c.oche! review ..,,.c a..: nay c_ e:_rrcec ac_:::art. Item # 15 15ea . Letter from Civil Engineer regarding drainage Item # 16 15ea . Site Signage Also Included: L1 (Site Layout Plan) , U1 (Utility Plan) , D3 (Pavement Details) , SWMP1 (Storm Water Plan) WELD COUNTY,COLORADO DEPARTMENT OF PLANNING SERVICE. - PLEASE TAKE THIS SLIP TO THE FRONT DESK — DATE 11'14 RECEIVED FROM 4J ,'o/cf. NO. TYPE FEES 4221 •REISE 4221 •ZPMII/MIllPIZPAD 4221.USI1 4 I •SITE PLAN RE 4221 •COZ i~ 4221 •PIID 4221 •SUBDIVISION 4221 •BOA 4221 •MINOR SUB 4221 •FIIDPIGIIDP 4221 REPLAY 6560•RECORDING FEE 4430•MAPSIPUBI.ICATIONS 4730 INVESTIGATION FEE 4430•PDSTAGEIIIANOIING ON-CALL PLANNER 2 �r�•>• O CASII l�.i C (73IIECK NO: TOTAL RECEIPT # 61-qt; for tt !h ,, . f4 Sun Construction & Design Services, Inc. General Contractors November 29, 1999 Dept. of Planning Services Weld County Colorado 1555 N. 17th Ave. Greeley, CO 80631 Attn: Anne Best Johnson RE: Application Requirements for Site Plan Review Proiect Skyway Commercial Center at Vista Commercial Center NOTE: This application is for two lots combined for this project: Lots 2 & 3, Block 3 APPLICAION REOUIREMENTS: (Incorporated from the Weld County Application for Site Review Form) 1. Included Item #1(From Weld County Application for Site Review) 2. Included Item #2 3. Included Item#3 4. Not Applicable 5. Included Item#5 6. This project is intended to attract small businesses with limited number of employees. The purpose is to provide condominiumized office/warehouse property in a pleasing environmental setting close to 1-25 and Longmont. We intend to attract businesses that have a need for 400 to 600 s.f of office space and warehouse usage. Each unit is 2,100 sp. ft. and will have an entry door and window at its front side and one overhead door and one-man door at the rear side. Some of the potential buyers we have spoken to are: one commercial painting contractor; one plumbing contractor; one small assembly company with three employees; two electrical contractors; a number of wholesale distribution companies (most are one or two persons operations); one small casework manufacturer. Some of the uses allowed by zoning we feel are in inappropriate for this complex. We are actively discouraging the following: recreation facilities; public buildings; theaters; nightclubs; adult services; lumber yards; car lots; schools; churches; hospitals; hotels or motels and restaurants. 1232 Boston Avenue • Longmont, CO 80501 • (303) 772-6776 • (303) 444-4780 • FAX: (303) 444-6774 7. Included Item #7 8. Included Item #8 9. Included Item #9 10. As discussed above in Item#6, the anticipated number of employees may range from one or two to six or eight. We believe the vast majority of businesses will be three or less. 11. This project exceeds all set back and offset requirements of this zone districts. In all location the buildings are no closer than 35' to the property line. 12. Included, Item #12: 24" X 36" drawing titled "Elevation, Typical Plan and Wall Section" 13. Sign drawing and details are shown on the Site Signage map. The sign structure will not be less than 40' inside the property line. The sign will comply with the MUD requirements. Building address numbers to be cast aluminum. 14. Included Item#14 24' X 36" drawings titled "Landscape Plan". 15. Included Item #15 16. We believe the off street parking exceeds the requirements of section 4.1. 17., 18. &19. The service areas are separated from the parking lots by a separate one way truck access. The truck drive is 27' (at the narrowest point) wide to allow a moving truck to pass an unloading vehicle. Most truck traffic to this complex is anticipated to be light delivery van type vehicles. 20. The access to and from Skyway drive is anticipated to be light. The truck access is separate from the passenger car access and is designed for one way traffic only. 21. We have contracted with Pickett Engineering to perform the civil design work for this project. They did the original design for this subdivision and will conform to all of the design standards of the county. 22. No acceleration or deceleration are required or will be incorporated in this project. 23. Trash collection areas are shown on the site plan and shall comply with the requirements for the zone district. 24. The Skyway Commercial Center is designed and will be maintained to conform with Weld County Environmental Standards including: noise; air quality; water quality; radiation control; heat; glare and property maintenance. 25. All required utility easements will be assigned when defined by construction design documents Please direct all questions to John Sargent, Sun Construction & Design Services, Inc., 1232 Boston Avenue, Longmont, CO 80501, (303)444-4780 EXT. 112. Thank You, John Sargent — Vice President of Development and Design $� 1 SITE PLAN REVIEW APPLICATION Application Fee $400.00 Receipt Number Case Number Recording Fee Receipt Number Application Checked By Planner Assigned to Case TO BE COMPLETED BY APPLICANT: (Please print or type, except for necessary signature). LEGAL DESCRIPTION OF PROPERTY: Lots 2 & 3, Block 3, Vista Crnmercial Center First Fill 33 (Attach separate sheet if necessary) PARCEEN UWIBER: L I L 3_1E3_1_11_3_L i 1 (12 digit number found on Tax I.D. Number or obtained in the Assessors Office. Lot 2: 131308103002 PROPERTY ADDRESS (if available) Please assign PRESENT ZONE I-1, C-3 OVERLAY ZONES TOTAL ACREAGE 5.75 PROPOSED USE Light Cormercial - description attached PROPERTY OWNER: Name: T.S. Skyway LLC Address: 1232 Boston Ave. City Longront Zip 80501 Home Telephone 303-651-3927 Business Telephone 303-444-478O APPLICANT OR AUTHORIZED AGENT (if different than above): Name: Address: City Zip Home Telephone Business Telephone I hereby depose and state under the penalties of perjury that all statements, proposals and/or plans submitted with or contained within the appiication are true and correct to the best of my knowledge. mature: wner or Au[honzeg Agent Stephen B. Strong 9 • OIL r SITE PLAN CERTIFICATION I hereby certify that the uses, buildings, and structures located on: moots 2 & 3. Vista Crnrtercial Center block Phase T are (legal description) designed and will be constructed and operated in accordance with the applicable performance standards and district requirements for the I-1 & C-3 zone district as stated in the Weld County Zoning Ordinance and in accordance with any conditions imposed by the Board of County Commissioners at the time the property was zoned or rezoned. I understand my failure to comply with the performance standards and/or any conditions could result in the County initiating a compliance action against me. ignature f Property Owner Step B. Strong The foregoing instrument was subscribed and sworn to before me this nth day of I`lbverber , 1999 , by Stephen B. Stung WITNESS my hand and official seal. My Commission expires: August 20, 2003 Notary Public Pamela K. Belcamino 10 at { "u k! £ WARRANTY DEED THIS DEED, Made this day of November 24, 1999, between HORIZON INVESTMENTS, LLC (COLORADO LIMITED LIABILITY COMPANY) of the County of BOULDER and State of COLORADO, grantor, and TS SKYWAY, LLC whose legal address is 1232 Boston Avenue, Longmont, CO 80501 of the County of BOULDER and State of COLORADO , grantee: WITNESSETH, that the grantor, for and in consideration o₹ the sum o₹ $213,470.00 DOLLARS, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm unto the grantee, their heirs and assigns forever, all the real property, together with improvements, if any, situate, lying and being in the County of WELD and State of Colorado, described as follows: LOT 2, BLOCK 3, VISTA COMMERCIAL CENTER FILING I, WELD COUNTY, COLORADO, ACCORDING TO THE CORRECTED PLAT RECORDED AUGUST 28, 1997 IN BOOK 1623 AS RECEPTION NO. 2566006. also known as street and number 1840 SKYWAY DRIVE, LONGMONT, CO 80504 TOGETHER with all and singular the hereditaments and appurtenances thereunto 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 o₹ the said grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the said grantee, their heirs and assigns forever. And the said grantor, for himself, his heirs, and personal representatives, does covenant, grant, bargain and agree to and with the grantee, their heirs and assigns, that at the time o₹ the ensealing and delivery of these presents, is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate o₹ inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, EXCEPT FOR TAXES FOR THE CURRENT YEAR, A LIEN BUT NOT YET DUE OR PAYABLE, EASEMENTS, RESTRICTIONS, COVENANTS AND RIGHTS-OF-WAY OF RECORD, IF ANY, The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable possession of the grantee his heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF, the grantor has executed this deed on the date set forth above. HOR W�INVES , taro (COLORADO LIMITED LIABILITY COMPANY) STATE OF COLORADO )ss. COUNTY OF BOULDER ) The foregoing instrument was acknowledged be₹o a me this dpy of Noer 24 1999 by Q�N ,'24 S 5A \ Star u-c9 1�oJ 5 4r4nn o 661, cj �aaN- oh • HORIZON INVESTMENTS, LLC (COOLOP O LIMITED LIABILITY C0 ANY) 1 My Commission expires: �-„p,. Z`a ` ZOss Witness my hand and official seal. No ry Public 932A Rev. 7-84 WD (Photographic Record) Casa 166718 DOC FEE $21.35 07/16/1399 14: 39 1-303-651-1.28 DYER REALTY INC PAGE 02 .�� N/ ra. .�. se n u. of la ens ta••a•...T',...t etenr.'; !by u:rde'.taut e C,mla.n.. (CT .IJq TIM R at,lu'neon MT ta]llCbtsaatn1C6 AnD SKSrsaTIO snow.,corm ULT IIDSLASO TAX Oa OT}aa Canna ILL auo lstOn,no COUNTERPROPOSAL Date: Stay 21 1999 RE'. Proposed contact to buy and sell the following described real estate in the County of WELD Colorado.to wit: Lot 3, Bleak 3 Vista c®ruial canter • it known its No. 1604 11)cpe►y Drive • Street Addaa. Longmont C artr.an 60304 City State Zip II dated nay 17 1999 between Seller Horizon Tans hu.nr• L Z._e and Ja H 9trona or 11sicms _ . Buyer. The undersigned accept.the proposed contact.subject to the following amendment.' Paragraph 3 (a) Seller or Private Third Party Pinancinq, shall be atsnded to read: "196,536.20 by Buyer eneauting a prmiesory note payable to: Horizon Inventmanta, L.L.C.or I assigns. . . .The promissory note shall be amortised on the basis of thirty (30) years, payable it at $1,361.37 per month including principal and Interest at the rate o1 9.0 4 per annum." • • All olherurmsand conditions shall amain the same.This counterproposal shell expire unless accepted in coning,by Buyer and Seller.awn- , dented by they vgnsturasbelow.and the dPormg party to this drru meat receive II notice of ruck weeptanaa on orb+tote May e9 1794 If accepted.the proposed contract,as amended hereby.shall become a contract between Seller and Buyer. aoR�R tnfE� xrs. IfJ .c HORIZON x � l S!�5 L.L.C. / Sal ler HS:N..Ruaaell Stacey,Jr Seller : Stephen J. Veddel Dale of Sellers Signature 'day Jfi 1999 Dale of Sellers Signature may16 1999 Sellers Address 1815 Pair, ?Ikea apnr' ns rdldrutp 90101 II aver N. S. .Strong or is Lgn. auyer Dote of Buyer,Signature _ Date of Buyer, Signature Buyer,Address • N.H.When this cot form a used.the proposed contract is not to be signed by the party initiating this eaunterpraposai.This counter- proposal mutt be securely euached to the proposed contract. vc.CTsro-l-0a. COUNTERPROPOSAL '.+e bop yoee.r fbflmSNtLY-tsr! sarsir, wnanfl7TY DLL:D THIS DEED, Made this day of July 29, 1999, between HORIZON INVESTMENTS, LLC of the County of BOULDER and State of COLORADO, grantor, and TS SKYWAY, LLC whose legal address is 1232 Boston Avenue, Longmont, CO 80501 of the County of BOULDER and State of COLORADO , grantee: ---- _- WITNESSETII, that the grantor, for and in consideration of the sum of $245,610.25 DOLLARS, the r ace l pt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents nines grant, bargain, sell, convey and confirm unto the grantee, their heirs and assigns forever, all the real property, together with improvements, if any, situate, lying and being In the County of RID and State of Colorado, described as follows: LOT 3, BLOCK 3, VISTA COMMERCIAL CENTER PILING I, WELD COUNTY, COLORADO, ACCORDING TO THE CORRECTED PLAT RECORDED AUGUST 28, 1997 IN BOOR 1623 AS RECEPTION NO. 2566006. also known as street and number 1804 SKYWAY DRIVE IONGMONT, CO 00501 TOGETHER with all and singular the hereditaments and appurtenances thereunto 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 said grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO RAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto thn saint grantee, their heirs and assigns forever. And the said grantor, for himself, his heirs, and personal rnpr eeent atives, does covenant, grant, bargain and agree to and with the grantee, their heirs and assigns, that at the time of the ensealing and delivery of these presents, is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, EXCEPT FOR TAXES FOR THE CURRENT YEAR, A LIEN BUT NOT YET DUE OR MANE, EASEIIF.NLS, RESTRICTIONS, COVENANTS AND RIGHTS-OF-WAY OF RECORD, IF ANY, The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable possession of the grantee his heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use of any gander shall be applicable to all genders. IN WITNESS WHEREOF, the grantor has executed this deed on the date set fo tic hove. lddlt-t.-.. IIORIZ N I SIMENTSS,,"�1(C'list: �-17 / �� L Cpl---, STATE OF COLORADO )ss.) f . "rc, rr c X1'^1 COUNTY OF BOULDER ) s• °`:4f, (1. I t - • `. s I. I i The foregoing instrument was acknowledged before me this day ojJuly 2(, 1999 by ' kl , CZV JDI.\\ SAfxr_o t -'�' o l�� bu`s��11 k V tr_AtNG�1 Y`Rars._Cl ii,s6Q:11:'`__?^ HORIZON INVESTMENTS, LLC O ) Hy Commission expires: 2s )�bC� Witness my hand and official sea . `R .' -- - - -• -Rotor Public Public 932A Rev. T-04 WD (Photographic Record) easel 161298 DOC FEE 524.51 THE CONDOMINIUM DECLARATION OF THE SKYWAY DRIVE COMMERCIAL CONDOMINIUMS PREAMBLE THIS DECLARATION is made on the date hereinafter set forth, by SKYWAY DRIVE. LTD., a Colorado limited liability company ("Declarant"). WHEREAS, the 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 commercial condominium community on said real property together with other improvements thereon: and NOW THEREFORE, the Declarant hereby submits the Property, together with all rights, and appurtenances thereto and improvements thereon to the provisions of the Colorado Ownership Act of the State of Colorado, C.R.S. § 38-33-101, et seq., as it may be amended from time 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. The Declarant hereby declares that all of the said Property shall be held and conveyed subject to the following covenants. conditions and restrictions, ail of which are declared and agreed to be for :he benefit of any persons having any right. title or interest in the said Property Said covenants, conditions and restrictions shall be deemed to run with the land and shall be a burden and a benefit to any persons acquiring any interest in the said Property, their grantees. heirs. legal representatives. successors and assigns. Copyright S99 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 ALLOCATED INTERESTS means the votes, the Percentage Ownership Interest in the Common Elements and the Common Expense Assessment Liability which are allocated to each of the Units in the Condominium Community. The formulas used to establish the Allocated Interests are as follows: (a) Votes. Each Unit in the Condominium Community is entitled to the number of votes calculated in accordance with Paragraph 4.6 hereof. • (b) Interest in the Common Elements. The undivided Percentage Ownership Interest in the Common Elements appurtenant to a particular Condominium Unit has been determined on the basis of the proportion which the approximate finished square footage area of each Unit bears to the total approximate finished square footage area of all Units then within the Condominium Community, as more fully set forth on the attached Exhibit C. (c) Common Expense Assessment Liability. All Common Expenses shall be assessed against Units on the basis of the proportion which the approximate finished square footage area of each Unit bears to the total approximate finished square footage area of all Units :hen in the Condominium Community and is as set forth on the attached Exhibit C. The finished square footage area of each Unit is allocated by the Declarant and is based upon dimensions which are approximate and the calculation of the percentage interest has been rounded. The finished square footage is measured in a uniform. consistent manner throughout the Condominium Community. This square footage may differ from the square footage as measured for sales or taxation purposes. In the event that the Declarant exercises its right to enlarge this Condominium Community in Phases by submitting to the Condominium Community additional real property in accordance with ARTICLE TEN hereof, the Percentage Ownership Interest in the Common Elements and the Common Expense Assessment Liability set forth above will be reallocated by the Declarant :n accordance with the above. .-.RTTCLES means the Articles of incorporation or the association. ;.S ASSESSMENTS means the (a) Common Expense Assessment. ;'b) Soe:tai Assessment. (c) individual :assessment. and (d) Fines levied pursuant to this Declaration. 1.4 ASSESSMENT LIEN means the statutory lien on a Unit for any Assessment levied against that Unit 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. 1.5 ASSOCIATION means THE SKYWAY DRIVE COMMERCIAL CONDOMINIUM ASSOCIATION, a Colorado Corporation, not for profit, its successors and assigns. 1.6 BOARD OF DIRECTORS or BOARD means the Board of Directors of the Association duly appointed pursuant to the Bylaws of the Association or appointed by the Owners as therein provided. 1.7 BUILDING means the buildings comprising part of the Condominium Community. 1.8 BYLAWS means the Bylaws which are adopted by the Board of Directors for the regulation and management of the Association. 1.9 COMMON ELEMENTS means all of the Condominium Community, as hereinafter defined, except the portions thereof which constitute Condominium Units, and also means ail parts of the Building or any facilities, improvements and fixtures which may be within a Condominium Unit which are or may be necessary or convenient to the support, existence, use, occupation, operation, maintenance, repair or safety of the Building or any part thereof or any other Condominium Unit therein and includes those Common Elements which are assigned to the exclusive use of one or more, but not all of the Condominium Unit Owners. Without limiting the generality of the foregoing, the following shall constitute Common Elements: (a) the land, landscaping, driveway, certain parking spaces and easements which are a part of the Condominium Community; and (b) all foundations, columns, girders, beams and supports of the Building; and (c) the exterior wails of the Building, the main bearing or utility wails within the Building, the main or bearing subrlooring and the roofs of the Building; and (d) in general. ail ocher carts of the Condominium Community necessary for common use or convenient to Its eXiste,^.Ce, maintenance and safety. -3- 1.10 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. 1.11 COMMON EXPENSE ASSESSMENT LIABILITY means the liability for Common Expenses allocated to each Unit which is determined in accordance with that Unit's Allocated Interests as set forth in Paragraph 1.1 hereof. 1.12 COMMON EXPENSES means expenditures made by or liabilities incurred by or on behalf of the Association. 1.13 CONDOMINIUM COMMUNITY means such real property and the improvements located thereon as more fully described on Exhibit A attached hereto. 1.14 CONDOMINIUM UNIT or UNITS means the fee simple interest and title to a Commercial Condominium Unit together with the undivided interest in the Common Elements appurtenant to such Condominium Unit. 1. 15 COSTS OF ENFORCEMENT means all fees, late charges, interest, expenses, including 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. 1.16 COUNTY means Weld County, Colorado. 1. 17 DECLARANT means SKYWAY DRIVE, LTD., a Colorado Limited Liability Company, or its successors and assigns. 1.18 DECLARATION means THE CONDOMINIUM DECLARATION OF THE SKYWAY DRIVE COMMERCIAL CONDOMINIUMS. as may be amended from time to time. 1.19 DEVELOPMENT RIGHTS AND SPECIAL DECLARANT RIGHTS means the rights as defined by §§ 38-33.3-103(14) and 38-33.3-103(29) of the Act reserved by the Declarant under ARTICLE TEN hereof. 1.20 ELIGIBLE MORTGAGEE means a holder, insurer or guarantor of a First Security interest who has delivered a written request to the Association containing its name, address. legal description, requesting that the Association notify it oI any proposed action requiring the consent of the speckled percentage of Eligible Mortgagees. 21 FTRST `MIORTG..GEE means any Person which owns a first deed of rust encumbering a Unit within the Condominium Community. 1.22 GUEST means (a) a guest or invitee of an Owner; (b) an occupant or tenant of a Unit within the Condominium Community, and any members of his or her household, invitee or cohabitant of any such person; (c) a contract purchaser; or (d) an employee, customer or client of an Owner or tenant. 1.23 LIMITED COMMON ELEMENTS means the Common Elements which are assigned to the exclusive use of one or more, but not all, of the Unit Owners except by invitation, and may be identified as Limited Common Elements on the Map and described herein. 1.24 MANAGING AGENT means any one or more persons employed by the Association who is engaged to perform any of the duties or functions of the Association. 1.25 MAP means THE CONDOMINIUM MAP OF THE SKYWAY DRIVE COMMERCIAL CONDOMINIUMS, which is an engineering survey (and any supplements and amendments thereto) of the Condominium Community depicting and locating thereon the location of the Building, the Condominium Units with their identification numbers, the Common Elements and Limited Common Elements, the floors and elevations, and all of the land and improvements thereon, which Map is incorporated herein and made a part of this Declaration by reference. Declarant hereby reserves unto the Board of Directors of the Association the right, without consent of any Owner or First Mortgagee, CO amend the Map and any supplements thereto to (a) insure chat the language and all particulars used on the Map and contained in the Declaration are identical, (b) establish. vacate, reconfigure and relocate easements and parking spaces. (c) establish certain Common Elements as Limited Common Elements, and (d) reflect the subdivision or combination of any (Mit as provided hereunder. Declarant hereby reserves unto itself the right. without the consent of any Owner or First Mortgagee, to amend the Map and any supplement hereto (a) in accordance with ARTICLE TEN hereof, and (b) to reflect the subdivision or combination of any Unit so long as such amendment is made prior to the expiration of the Declarant's Rights as set forth in paragraph 9.3 hereof. In all other cases, the Map may be amended in accordance with Paragraph 11.2 hereof. The Map and any supplements thereto are hereby incorporated herein by reference as if set forth in their entirety. 1.26 MEMBER means each Owner, as set forth in Paragraph 1.23 hereof. ,.2? NOTICE AND HEARING means a written notice and an opportunity for a hearing before the Board of Directors in the manner provided in the Bylaws. 1.'_3 OWNER means the owner or record of the fee simple tide to any rim: which is subject o this Deciaration. 1.29 PERIOD OF DECLARANT CONTROL means that period of time defined in Paragraph 4.7 hereof. 1.30 PERSON means a natural person, a corporation, a partnership, an association, a trustee, a limited liability company, a joint venture, or any other entity recognized as being capable of owning real property under Colorado law. 1.31 PROJECT DOCUMENTS means this Declaration, the Map, the Articles of Incorporation and Bylaws of the Association, and the Rules and Regulations of the Association, if any. 1.32 RULES means the Rules and Regulations adopted by the Board of Directors for the regulation and management of the Condominium Community as amended from time to time. 1.33 SECURITY INTEREST means an interest in real estate or personal property created by contract which secures payment of any obligation. The term includes a lien created by a deed of trust, contract for deed, land sales contract, or UCC-1. 1.34 SPECIAL ASSESSMENT means those Assessments defined in Paragraph 5.4 hereof. 1.35 SUPPLEMENTAL DECLARATION means a written instrument containing covenants, conditions and restrictions which is recorded, annexing in accordance with ARTICLE TEN hereof, a portion of the real property described on Exhibit B hereof to the Condominium Community. 1.36 TURNOVER DATE means the date the Declarant Control of the Association terminates as more fully set forth in Paragraph 4.7 hereof. 1.37 UNITS THAT MAY BE CREATED means thirty-one Units, which shall be the maximum number of Units that may be subject to this Declaration, including those Units which may be included if ail of the property described on Exhibit B hereof is annexed to the Condominium Community and made subject to this Declaration. In the event additional real property is made subject to this Declaration in the manner provided for in ARTICLE TEN hereof. certain terms defined above shall be expanded to encompass said property from the date such additional real property is made subject to this Declaration. -6— ARTICLE TWO: NATURE AND INCIDENTS OF THE CONDOMINIUM COMMUNITY 2.1 The Condominium Community. The name of the Condominium Community is THE SKYWAY DRIVE COMMERCIAL CONDOMINIUMS. It is a Condominium Community. 2.2 Initial Number of Units. The number of Units within the First Phase of the Condominium Community is five. The Declarant reserves the right but not the obligation to create additional Units by the expansion of the Condominium Community in accordance with ARTICLE TEN hereof. 2.3 Title. A Unit may be held and owned in any real property tenancy relationship recognized under the laws of the State of Colorado. 2.4 Description of a Condominium Unit. A sufficient description of a Condominium Unit shall be as follows: UNIT NO. , THE SKYWAY DRIVE COMMERCIAL CONDOMINIUMS. according to THE CONDOMINIUM MAP OF THE SKYWAY DRIVE COMMERCIAL CONDOMINIUMS, recorded on , 1999 as Reception No. , and as defined by THE CONDOMINIUM DECLARA- TION OF THE SKYWAY DRIVE COMMERCIAL CONDOMINIUMS, recorded on . 1999 as Reception No. , in the Office of the County Clerk and Recorder. Weld County, Colorado. Every description shall be good and sufficient for all purposes to sell. convey, encumber or otherwise affect not only the Condominium Unit, bur also the Common Elements and Limited Common Elements appurtenant thereto. Each such description shall be construed to include: a nonexclusive easement for appropriate ingress and egress throughout the Condominium Community and for the use of the appropriate exclusive use of the Limited Common Elements: and all other easements, covenants, conditions and restrictions created in this Declaration. The reference to the Map and Declaration in any instrument shall be deemed to include any amendments to the Map or Declaration, without specific references thereto. The undivided interest in the Common Elements appurtenant to any Unit shall be deemed conveyed or encumbered with that Unit, even though the legal description and the instrument conveying or encumbering said Unit may only refer to the atie to that Unit. 2.5 Combination of Units. The Owner or Owners of one or more Units. shall have the right to: a) physicaily comoine the entire space within one Unit with the entire space within one or more adjoining Umts: or (b) combine a cart of or combination of parts of the space of one Unit with a part of or combination of cars of the space within one or more adjoining Units. Upon the combination of any Units, the Unit resulting from such combination shad be allocated the undivided interest of the predecessor Units in the Common Elements. 2.6 Resubdivision of a Unit. An Owner or Owners shall have the right to (a) resubdivide the space within a Unit to its original configuration subsequent to any combination of Unit space permitted hereunder or (b) resubdivide the space, or a part of the space, within a Unit to create additional Units. Upon the resubdivision of any Unit, the Units resulting from such resubdivision shall be allocated by the Board of Directors a proportionate interest in the Common Elements and Common Expense Assessment Liability in accordance with the allocation set forth in Paragraph 1.1 hereof. Such allocation shall be reflected by an amendment to the Schedule of Interests (Exhibit B attached hereto and incorporated herein). The provisions of Paragraph 10.2 notwithstanding, the Board of Directors may amend the said Schedule of Interests (Exhibit B) from time to time to reflect said resubdivision without the necessity of the consent thereto, or joinder therein, by the Owners or First Mortgagees. 2.7 Combination/Subdivision Procedure. In order to combine or resubdivide any Units as provided above. the Owners of such Units shall submit an application to the Board of Directors, which shall include: (a) evidence that the proposed combination or subdivision of a Unit or Units complies with all building codes, fire codes, zoning codes, and other applicable ordinances adopted and enforced by the Ciry; (b) that the proposed combination does not violate the terms of any mortgage encumbering the Unit: (c) the proposed reallocations to the Table of Interests; (d) the proposed form for amendments to the Declaration, including the Map. as may be necessary to show the Unit or Units which are created by the combination or resubdivision of a Unit or Units and their dimensions and identifying numbers; (e) the proposed change to the exterior of the Building, if any; (f) a deposit for attorney's fees and costs which the Association may incur in reviewing and effectuating the transaction, in an amount reasonably estimated by the Board of Directors; and (g) such other information as may be reasonably requested by the Board. 2.8 Unit Boundaries. The interior unfinished surfaces of the perimeter walls. lowermost floors and uppermost ceilings shall mark the perimeter boundaries of a Unit as shown on the Map. and all lath, furring, wallboard, plasterboard, plaster, paneling, tiles, wallpaper, paint. finished flooring and any other materials constituting any part of the finished surfaces thereof are a part of the Units, and all other portions of the walls, floors, or ceilings are part of the Common Ele- ments. If any chute, flue, duct, wire, conduit. bearing wall, bearing column, or any fixtures lies par-daily within and partially outside the designated boundaries of a Unit, any portion :hereof serving only that Unit is a Limited Common Element allocated soiei'- to that Unit. and any portion thereof serving more than one Unit or any portion of the Common Elements is a part of :he Common Elements. -8— Any exterior doors and windows or other fixtures designed to serve a single Unit, but located outside the Unit's boundaries, are Limited Common Elements allocated exclusively to chat Unit. Subject to the above, all spaces, interior partitions, and other fixtures and improvements located within [he boundaries of a Unit are a part of the Unit. 2.9 Physical Boundaries. The existing physical boundaries of any Unit or Common Elements shall be conclusively presumed to be the boundaries. 2.10 Inseparability of a Unit. An Owner's undivided interest in the Common Elements shall not be separated from the Condominium Unit to which it is appurtenant and shall be deemed to be conveyed or encumbered with the Condominium Unit even though the interest is not expressly mentioned or described in a deed or other instrument. 2.11 No Partition. Except as provided in Paragraph 2.7 hereof, the Common Elements shall remain undivided, and no Owner or any other person shall bring any action for partition or division of the Common Elements. Similarly, no action shall be brought for [he physical partition or subdivision of a Unit between or among the Owners thereof. provided, however, an action of partition of a Unit shall be permitted by a sale and the division of the sale proceeds. 2. 12 Limited Common Elements. A portion of the Common Elements reserved for the exclusive use of the individual Unit Owners of the respective Units are referred to as 'Limited Common Elements.' The Limited Common Elements so reserved are defined herein and as designated as Limited Common Elements on the Map. Such Limited Common Elements are appurtenant to and shall not be partitioned from the Unit to which they are reserved, and no reference thereto is required to be made in any deed, deed of [rust, or other instrument describing the Unit. 2.13 Compliance with Provisions of Declaration. Articles and Bylaws of the Association. Each Owner shall comply strictly with. and shall cause each of his or her Guests to comply strictly with. all of [he provisions of this Declaration and the Articles and Bylaws of the Association. and the decisions, rules, regulations and resolutions of the Association adopted pursuant thereto, as the same may he lawfully amended from time to time. Failure to comply with any of the same shall be grounds for an action to recover sums due and for damages or injunctive relief or both. along with costs of suit and reasonable attorneys' fees, maintainable by the Board of Directors in the name of :he Association on behalf of the Owners. or. in a proper case. by any aggrieved Owner. -9- 2.14 Liens Against Condominium Units - Removal From Lien - Effect of Pan Payment. Liens or encumbrances shall only arise or be created against each Condominium Unit and the percentage of undivided interest in the Common Elements appurtenant to the Condominium Unit, in the same manner and under the same conditions as liens and encumbrances may arise or be created upon any other parcel or real property subject to individual ownership. No labor performed or materials furnished, with the consent or at the request of an Owner or his or her agent, shall be the basis for the filing of a lien pursuant to law against the Unit of another Owner not expressly consenting to or requesting the same, except that express consent shall be deemed to be given by the Owner of any Unit to the Board in the case of emergency repairs. Labor performed or materials furnished for the Common Elements, if duly authorized by the Board of Directors in accordance with the Declaration or Bylaws, shall be deemed to be performed or furnished with the express consent of each Owner, and shall be the basis for the filing of a lien pursuant to law against each of the Units within the Condominium Community. In the event a lien is effected against two or more Units, the Owners of each of the separate Units may remove their Condominium Unit and the percentage of undivided interests in the Common Elements appurtenant to said Condominium Unit from the lien by payment of the fractional or proportional amount attributable to each of the Units affected. Individual payment shall be computed by reference to the percentages appearing in this Declaration. Subsequent to payment, discharge or other satisfaction, the Unit shall be released from the lien paid, satisfied or discharged. Partial payment, satisfaction or discharge shall not prevent the lienor from proceeding to enforce his or her rights against any Unit not so released or discharged. Each Owner shall indemnify and hold each of the other Owners harmless from and against liability or loss arising from the claim of any lien against the Unit of the Owner, or any part thereof, for labor performed or for materials furnished in the course of work performed on such Owner's Unit. At :he written request of any Owner, the Board shall enforce such indemnity by collecting from the Owner of the Unit on which the labor was performed and materials furnished the amount necessary to discharge any such lien and all costs incidental thereto. including reasonable attorneys' fees by an Individual Assessment against such Owner in accordance with Paragraph 5.5 hereof. 15 Parking Spaces. Certain Paring Spaces as designated on the Map shall be a part of the Common Elements: provided, however. that the Board shall maintain control thereof and shall have the right :o assign and reassign Parking Spaces to Owners within the Condominium Community. Some of :hese Parking Spaces snail be designated for :he use of the handicapped. -10- and some Parking Spaces shall be designated for use by Guests visiting the Condominium Community. These Parking Spaces are not appurtenant to a Unit purchased. Certain Parking Spaces as designated on the Map shall be a part of the Limited Common Elements. Such Parking Spaces shall be limited to and reserved for the exclusive use of the owners of a particular Condominium Unit as initially designated by the Declarant and upon such designation said Parking Space will be appurtenant to that Unit. Any contact, deed, lease, assignment, mortgage, deed of trust or other instrument used to convey, lease, assign, encumber or otherwise affect the right to use an appurtenant Parking Space shall describe the Parking Space by adding to the appropriate description, as set forth in Paragraph 2.5 hereof, the additional language "together with the right to use Parking Space No. -II- ARTICLE THREE: VARIOUS RIGHTS AND EASEMENTS 3.1 Owner's Rights in the Common Elements. Every Owner and such Owner's Guests shall have the nonexclusive right and easement of use and enjoyment in and to the Common Elements which shall be appurtenant to and shall pass with the title of the Unit to such Owner. 3.2 Owner's Rights in Limited Common Elements. Each Owner and his or her Guests shall have an exclusive right to use and enjoy the Limited Common Elements as designated on the Map and defined herein as appurtenant to the Unit owned by such Owner. 3.3 Delegation of Use. Any Owner may delegate his or her right of enjoyment to the Common Elements and Limited Common Elements to their Guests. 3.4 Owner's Easement for Access. Sunnon and Utilities. Each Owner shall have a nonexclusive easement for access between his or her Condominium Unit and the roads and streets within and adjacent to the Condominium Community. There shall be no restrictions upon any Owner's right of ingress and egress to or from such Owner's Unit. Each Owner shall have a non-exclusive easement in and over the Common Elements within the Condominium Community including the Common Elements within the Condominium Unit of another Owner, for horizontal and lateral support of the Condominium Unit which is part of his or her Unit, and for utility service to the Condominium Unit, including water, sewer, gas. electricity, telephone and television service. 3.5 Easements for Encroachments. If any part of the Common Elements encroaches or shall hereafter encroach upon a Condominium Unit, an easement for such encroachment and for the maintenance of the same shall and does exist. If any part of a Condominium Unit encroaches or shall hereafter encroach upon the Common Elements, or upon another Condominium Unit, the Owner of that Condominium Unit shall and does have an easement for such encroachment and for the maintenance of same. The easement shall extend for whatever period the encroachment exists. Such easements for encroachments shall not be considered to be encumbrances either on the Common Elements or on a Condominium Unit. Encroachments referred to herein include, but are not limited to, encroachments caused by error in the original construction of the Building, by error in the Map, by settling, rising or shifting of the earth, or by changes in position caused by repair or reconstruction of the Condominium Community or any part thereof or by any other movement of any portion of the improvements located upon the Condominium Community. 3.d Easements in Condominium Units for Repair. Maintenance and Emergencies. Some of the Common Elements are or may be located within a Condominium Unit. Ail Owners snail permit a right of entry to the Board of Directors or any other person authorized by the Board of Directors, whether the Owner is present or not. Mr access through each Condominium Unit to ail Common Elements, from time to time. as may be necessary for the routine maintenance. repair, or replacement for any of the Common Elements located thereon or accessible tnerefrom or for making emergency repairs necessary to prevent damage to the Common Elements or :0 another Condominium Unit. For routine maintenance and non-emergency repairs, entry shall be made only on a regular business day during regular business hours, after service of at least one day's notice in writing to the Owner. In case of emergency, entry shall be made at any time provided that a reasonable effort according to the circumstances is made to give notice of entry. The Board of Directors or its agents is granted the authority to use such reasonable force as is necessary to gain entry into the Unit in the event of an emergency, if no other means of entry are available in view of the circumstances. The Association shall bear the full responsibility and expense of all damages incurred to the Unit and/or Common Elements because of such forcible entry. All damage to the interior or any part of a Condominium Unit resulting from the maintenance, repair, emergency repair or replacement of any of the Common Elements, at the instance of the Association, shall be paid for as part of the Common Expense Assessment by ail of the Owners. No diminution or abatement for Common Expense Assessments shall be claimed or allowed for inconveniences or discomfort arising from the making of repairs or improvements or from action taken to comply with any law, ordinance or order of any governmental authority. Restoration of the damaged improvements shall be substantially the same as the condition in which they existed prior to damage. Notwithstanding the foregoing, if any such damage is the result of the carelessness or negligence of any Owner, then such Owner shall be solely responsible for the costs of such repairing such damage. In the event the Owner fails within a reasonable time upon proper notice to pay the cost of the damages incurred, the Board of Directors may pay for said damages and charge the Owner responsible as an Individual Assessment in accordance with Paragraph i._ hereof. 3.7 Emergency Easements. A nonexclusive easement for ingress and egress is hereby granted to all police, sheriff, fire protection, ambulance, and other similar emergency agencies or persons. now or hereafter servicing the Condominium Community, to enter upon ail drive'.vays located in the Condominium Community, in the performance of their duties. 3.8 Utility Easements. The Board of Directors has the right to grant permits. licenses and easements over:he Common Elements for utilities, roads and other purposes reasonably necessary or useful for the proper maintenance or operation of the Condominium Community. 3.9 Easements Deemed Appurtenant. The easements, uses and rights herein created for an Owner shall be pepetual and appurtenant to the Units owned by such Owner. .All conveyances or any other instruments affecting title CO a Unit shall be deemed to grant and reserve the easements. uses and ri;hts as provided for herein, as though se: forth in said document ;n Mil. even though no specific reference to such easements. uses or rights appear in such conveyance. -13— ARTICLE FOUR: THE ASSOCIATION 4.1 Name. The name of the Association is THE SKYWAY DRIVE COMMERCIAL CONDOMINIUM ASSOCIATION. 4.2 Purposes and Powers. The Association, through its Board of Directors, shall manage, operate, care for, insure, maintain, improve, repair and reconstruct all of the Common Elements and keep the same in a safe, attractive and desirable condition for the use and enjoyment of all of the Owners and such Owners' Guests. Any purchaser of a Unit shall be deemed to have assented to, ratified and approved such designations and management. The Association shall have all the power necessary or desirable to effectuate such purposes. The Board of Directors shall have all of the powers, authority and duties necessary and proper to manage the business and affairs 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 fully provided for in the Bylaws, provided no such delegation shall relieve the Board of final responsibility. 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 Unit subject to this Declaration. Membership shail 'be appurtenant to and may not be separated from ownership of any Unit. Ownership of such Unit shall be the sole qualification for such membership. Where more than one person holds interest in any Unit, all such persons shall be Members. 4.6 Voting Rights. The total number of votes allocated to the Association is 1,000. The number of votes to which a Unit is entitled shall be equal to the product obtained by multiplying: (a) 1,000, by (b) the percentage which the approximate finished square footage area of each Unit bears to the total approximate finished square footage area of ail Units then within the Condominium Community. if 3 Unit has more than one 'Owner and such Owners cannot agree among themselves how to cast the votes allocated to their Unit on a particular matter. they shall losetheir right to vote on such matter. If any Owner casts a vote representing a Unit having more than one Owner. '.t will • thereafter be presumed for all purposes that such Owner was acting with the authority and consent of all other Owners with whom such Owner shares the Unit, unless objection thereto is made to the Person presiding over the meeting at the time the vote is cast. If a Unit is voted more than one way with regard to a particular matter, all of such votes shall be deemed null and void. 4.7 Declarant Control of the Association. There shall be a 'Period of Declarant Control" during which a Declarant may appoint and remove the members of the Board. The Period of Declarant Control terminates no later than sixty days after conveyance of one hundred percent of the Units to Owners other than the Declarant, or such earlier time as the Declarant may, in its discretion, determine. 4.3 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 be a party, or in which he or she may become involved, by reason of him or her being or having been 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. 4.9 Certain Rights and Obligations of the Association. (a) Attornev-in-Fact. This Declaration does hereby make mandatory the '.revocable appointment of an Attorney-in-Fact to deal with the Condominium Community upon its damage, destruction, condemnation and obsolescence. The Board of Directors is hereby irrevocably appointed attorney-in-fact for the Owners, and each of them, to manage, control and deal with the interest of such Owner in the Common Elements so as to permit the Association to fulfill all of its duties and obligations hereunder and to exercise ail of its rights hereunder, to deal with the Condominium Community upon its destruction, condemnation or obsolescence as hereinafter provided. The acceptance by any person of any interest in any Unit shall constitute an appointment of the Board of Directors as attorney-in-fact as provided above and hereinafter. The Board of Directors shall be granted all of the powers necessary to govern. manage, maintain, repair, administer and regulate the Condominium Community and to perform all of the duties required of it. (b) Contracts. Easements and Other Agreements: The Board of Directors shall have the right to enter into, grant. perform, enforce. cancel and vacate: contracts. easements, Licenses, leases. agreements. and/or rights-of-way, for the use by Owners, their Guests, and other persons. concerning The Common Elements. -15- . 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 Directors, without the necessity of the consent thereto, or joinder therein, by the Owners or First Mortgagees. (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. 4.10 Certain Rights and Obligations of the Declarant. So long as there are unsold Units within the Condominium Community owned by the Declarant, the Declarant shall enjoy the same rights and assumes the same duties as they relate to each individual unsold Unit. -16- ARTICLE FIVE: ASSESSMENTS 5.1 Obligation. Each Owner, 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 Unit 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 Unit shall be jointly and personally liable to the Association for the payment of all Assessments and Costs of Enforcement attributable to their Unit. The personal obligation for delinquent assessment shall pass to such Owner's successors in title. 5.2 Purpose of the Assessments. The Common Expense Assessment shall be used exclusively for the purpose of promoting the health, safety and welfare of the Owners of the Condominium Community and the Members of the Association. Such purposes shall include bur not be limited to the improvement. repair, maintenance, reconstruction and insuring of the Common Elements. not to include the Limited Common Elements, and any other purpose reasonable. necessar: or incidental to such purposes. In the sole discretion of the Board of Directors, such Assessment may include the establishment and maintenance of a reserve fund for the improvement. maintenance, reconstruction, and repair of the Common Elements on a periodic basis. 5.3 Date of Commencement of the Assessment. The Common Expense Assessment shall commence as to all Units on the nrst day of the month following the effective date of she first budget of the Association. 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. 5.� Soecial Assessments. In addition to the other assessments authorized herein. the Board of Directors may levy a Special .Assessment for the purpose of defraying, in wnoie or in part. any unexpected expense of the Association. provided that any such assessment shall have :he approval of Owners to whom at least sevcnry-five percent of the votes in the Association are ailacated. -1 Any such Special Assessment shall be levied against each Unit in accordance with that Unit's Common Expense Assessment Liabiliry determined in accordance with Paragraph 1.1 hereof. 5.5 Individual Assessments. The Board of Directors shall have the right to individually levy any Owner or Owners amounts as provided for by this Declaration, to include but not be limited to, charges levied under Paragraphs 2.14, 3.6, 6.6, 6.10, 6.12, 7.1, 7.4 and 8.2 thereof. No Indivi- dual 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 Cost of Enforcement. 5.6 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. 5.7 Levy of Assessments. Common Expense Assessments shall be levied on all Units based upon a budget of the Association's cash requirements to accomplish the purposes set forth in Paragraph 5.2 hereof. The Common Expense Assessment Liability shall be allocated among the Units in accordance with that Unit's Common Expense Assessment Liability as set forth in Paragraph 1.1 hereof and as set forth on Exhibit B attached hereto. The omission or failure of the Board of Directors to levy the Common Expense Assessment for any period shall not be deemed a waiver or a release of the Owners from their obligation to pay. Special Assessments shall be levied in accordance with Paragraph 5.s hereof. Fines and Individual Assessments may be levied at any time as required. Both assessments are exempt from any voting requirements by the membership required for other assessments called for under the Declaration. No Owner may waive or otherwise escape liability for the Common Expense Assessment provided for herein by the non-use of the Common Elements. 5.3 Due Date. Assessments shall be due and payable as established by the Board of Directors. _I3_ 5.9 Remedies for Nonpayment of Assessments. If any Assessment (to include Costs of Enforcement) 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[he 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 Unit pursuant to [he power of sale granted to the Association by this Declaration in the manner and form provided by Colorado law for foreclosure of real estate mortgages; (iv) suspend the utility service to a delinquent Owner's Unit. An action at taw or in equity by the Association against an Owner to recover a judgment 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. 5.10 Assessment Lien. The Association is hereby granted an Assessment Lien against each Unit for any Assessment levied by the Board of Directors and for Costs of Enforcement when the Unit 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 Unit for Assessments shall be superior to all other liens and encumbrances except the following: (a) liens and encumbrances recorded prior to [he recording of this Declaration: and (b) real property ad valorem [axes and special assessment liens duly imposed by as Colorado governmental or political subdivision or special taxing district, or any other liens made superior by statute: and (c) the lien of any First Mortgagee. The Board of Directors shall prepare and record a written notice setting forth the amount of the unpaid indebtedness. the name of the Owner of the Unit, and a description of the Unit. If a lien is riled. the cost thereof shall be considered a Cost of Enforcement. -19- Sale or transfer of any Unit shall not affect the lien for said Assessments except that sale or transfer of any Unit pursuant to foreclosure of any first mortgage, or any proceeding in lieu thereof, including deed in lieu of foreclosure shall extinguish the Assessment Lien. No such sale or deed in lieu of foreclosure shall relieve any Owner from the continuing personal liability for such Assessment. Any First Mortgagee who acquires title to a Unit by virtue of foreclosing a first mortgage or by virtue of a deed in lieu of foreclosure will take the Unit free of any claims for unpaid Assess- ments and Costs of Enforcement against that Unit which have accrued prior to the time such First Mortgagee acquires title to the Unit. 5.11 Certificate of Assessment Status. The Association shall furnish to an Owner or such Owner's First Mortgagee upon written request delivered 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 Unit. 5.12 Surplus Funds. Any surplus funds of the Association remaining at the close of the Association's fiscal year after payment of the Common Expenses and funding the Reserve Fund shall be retained by the Association as unallocated reserves and need not be credited to the Owners to reduce their future Common Expense Assessment Liability. ARTICLE SIX: RESTRICTIVE COVENANTS AND OBLIGATIONS 6.1 Use and Occupancy. Units may be used and occupied for any legal commercial activities which comply with local zoning codes. 6.2 Use of the Common Elements. Each Owner and his or her Guests may use the appurtenant Common Elements in accordance with the purpose for which they are intended, without hindering or encroaching upon the lawful rights of the other Owners. The Board of Directors may adopt Rules and Regulations governing the use of the Common Elements. but such Rules and Regulations shall be uniform and nondiscriminatory. Each Owner, by the acceptance of his or her deed or other instrument of conveyance or assignment and such Owner's Guests occupying the Unit agree to be bound by any such adopted Rules and Regulations. There shall be no obstruction of the Common Elements, nor shall anything be stored on any part of the Common Elements without the prior written consent of the Board of Directors. Nothing shall be altered, constructed on, or removed from the Common Elements except upon the prior written consent of the Board of Directors. 6.3 No Unlawful Use. No unlawful, immoral, offensive or improper use shall be permitted or made within the Condominium Community or any pan thereof. All valid laws, ordinances and regulations of all governmental bodies having jurisdiction shall be observed. 6.4 Signs. No signs shall be placed or permitted within the Condominium Community, except those identifying the Condominium Community, the selection and location of which is reserved to the Board of Directors until all of the Units have been sold. Owners may, with the prior written consent of the Board of Directors, place signs on or within or without their Units which relate to the marketing of business activities currently being conducted by such Owner including, but not limited to. signs or advertisements used for the purpose of store identification. and sales of goods. For sale and for lease signs are allowed with written approval of the Board of Directors. 6.5 Antennas and Exterior Equipment. No exterior equipment or fixtures, including, but not limited to, the following shall be permitted without the written consent of the Board of Directors which shall generally be withheld: radio, television, or other types of antennas and satellite dishes; air conditioning units, swamp coolers, or other ventilating equipment; and, any .type or kind of wiring, ducts. or pipes. 6.6 Pets Within the Condominium Community. No animals, birds, poultry, reptiles or insects of any :kind. snail be raised, bred, kept or boarded in or on any portion of the Condominium Community; except that dogs, cats or otter customary household pets may be allowed in Condominium Units occupied by Owners (not renters) so long as 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 Condominium Community. Qualified service animals are permitted for renters with disabilities. The Board of Directors shall have the right and authority to determine in its sole discretion that the 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 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 Hearing, directing permanent removal of the pet or pets from the Condominium Community. Pets shall not be allowed to run at large within the Condominium Community, but shall at all times be under the control of such pet's Owner and such pets shall nor be allowed to litter the Common Elements. Dogs shall be on a leash while on the Common Elements. Pets shall not be tied up in the Common Elements. The Board of Directors is granted the authority to enforce the provisions of this Paragraph by the levy of Fines against the Owner in accordance with Paragraph 5.6 hereof. 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 Condominium 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 .d hereof. 6.7 Property to be Maintained. Each Unit, at all times, shall be kept in a clean, sightly and neat condition. No trash, liner,junk, boxes, containers, bottles, cans, implements, machinery, lumber or other building materials shall be permitted to remain exposed upon any Units so that the same are visible from any neighboring Unit or the street. No unsightliness or waste shall be permitted on or in any part of the Condominium Community. (Without limiting the generality of the foregoing, no Owner shall keep or store anything on or in any of the Common Elements or Limited Common Elements nor shall my Owner hang, erect, affix or place anything upon any of the Common Elements or Limited Common Elements and nothing shall be placed on or in windows or doors of Units or Units, which would or might create an unsightly appearance.) 6.3 No Noxious. Offensive. Hazardous or Annoying Activities. No noxious or offensive activity shall be carried out upon any pan of the Condominium Community nor shall anything be done or placed on or in any part of the Condominium Community which is or may become a nuisance or cause embarrassment, disturbance or annoyance to others within a normal range of sensitivity consistent with the uses. No activity shall be conducted on any pan of the Condominium Community which is or :night be unsafe or hazardous to any person or property. No Owner snail permit any Sire hazard to exist in the Condominium Community or permit any use of his or her Unit or the Common Elements which might increase the rate or cost for insurance for the Condominium Community. No sounds shall he emitted on any part of the Condominium Community which are unreasonably loud or annoying. No odor shall be omitted on any part of the Condominium Community which is noxious or offensive to others. No light shall be emitted from any part of the Condominium Community which is unreasonably bright or causes unreasonable glare. In no event shall the items set forth herein be deemed to be a complete list of noxious activities prohibited hereunder and the Board of Directors shall have the right to terminate any other noxious or otherwise offensive activity carried on by an Owner in violation of the provisions hereof. 6.9 Rules and Regulations. Rules and regulation may be adopted by the Board of Directors concerning and governing the use of the Common Elements provided, however, chat such Rules and Regulations shall be uniform and nondiscriminatory. Copies of all such Rules and Regulations shall be furnished to Owners prior to the time that they become effective. No Owner or any Guest, licensee, customers or invitees of an Owner shall violate the Rules and Regulations adopted from time to time by the Board of Directors, whether relating to the use or Units, the use of Common Elements, or otherwise. The Board may impose a Fine in an amount as may be determined from time to time on any Owner for each violation of such Rules and Regulations by such Owner or his or her Guests. 6.10 Exterior Modifications. No Owner shall modify, alter, repair, decorate, redecorate, or improve the exterior of any Condominium Unit or any of the Common Elements or Limited Common Elements without the express written approval of the Board of Directors in accordance with Paragraph 3.4 hereof. 6. 11 Vehicular Parking and Storage. No house [railer, camping trailer, horse [railer, 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 Condominium Community. 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. No abandoned. unlicensed, wrecked or inoperable vehicles of any kind shall be stored or parked within the Condominium Community 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 dot been driven under its own propulsion for a period of one week or longer, or which does not have installed within it an operable propulsion system. Any vehicle beionging to any Owner which is otherwise permitted will not be deemed to be 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 5.5 hereof. The strict application of the above limitations and restrictions in any specific case may be modified or waived in whole or in part by the Board of Directors if such strict application would be unreasonable or unduly harsh under the circumstances. Any such modification or waiver must be in writing. 6.12 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 Condominium Community. 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 attorneys' fees and costs, if necessary, may be collected by the Board of Directors from such Owner as an Individual Assessment against such Owner in accordance with Paragraph 5.5 hereof. 6.13 Leasing and Renting. Any Owner shall have the right to lease his or her Condominium Unit upon such terms and conditions as the Owner may deem advisable, subject to the following: (a) 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 Bylaws of the Association and the Articles of Incorporation, and the Rules and Regulations of the Association: (b) 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 be enforceable by either the Board of Directors or the lessor. or by both of them. which may include eviction: (c) the Board of Directors are entitled to a copy of any lease promptly upon its request. The Association, acting through its Board of Directors, shall have the standing and power to enforce all of the above Restrictive Covenants and Obligations. ��Y� ARTICLE SEVEN: INSURANCE/CONDEMNATION 7.1 Condominium Insurance. The Board of Directors shall obtain and maintain a blanket, "all- risk" form policy of condominium insurance with sprinkler leakage (if applicable) and debris removal, insuring all the Common Elements and Limited Common Elements located within the Condominium Community. Such insurance shall also include, among other things, all fixtures, equipment, installations or additions comprising a part of the individual Condominium Units within the unfinished interior surfaces of the perimeter walls. floors, and ceilings of the Condominium Unit initially installed or replacements thereof made in accordance with the original plans and specifications, or installed by or at the expense of the Owner. Such insurance shall at all times represent one hundred percent of the current replacement cost based on the most recent appraisal of the Common Elements, Limited Common Elements and the attached fixtures. installations and additions comprising a part of the Condominium Apartments. 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 Master 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 appraisal for insurance purposes, showing that the insurance represents one hundred percent of the current replacement cost as defined above. Such policies shall also provide: (a) The following endorsements or their equivalent: No Control Endorsement, Contingent Liability from Operation of Building Laws or Codes Endorsement, Cost of Demolition Endorsement. Increased Cost of Construction Endorsement) Agreed Amount Endorsement, and Inflation Guard Endorsement, if available. (b) That any "no other insurance' clause expressly exclude individual Owner' poiic:es :iron' its operation so that the properly insurance policy purchased by the Board of Directors shall be deemed primary coverage and any individual owners' policies shall be deeme'7 excess coverage. and in no event shall :he insurance coverage obtained and .maintained by :he Board of Directors nereancer provide for or be brought into contribution with insurance purchased by individual Owners or their 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 or First Mortgagee requesting the same, at least thirty days prior to expiration of the then current policy. The insurance shall be carried naming the Association as the owner and beneficiary thereof for the use and benefit of the individual Owners and shall provide a standard noncontributory mortgage clause in favor of each First Mortgagee. Any foss covered by the policies carried under this Article shall be adjusted exclusively by the Board of Directors and provide that all claims are to be settled on a replacement cost basis. The Association shall hold any insurance proceeds received in trust for the Owners and for holders or Security Interests as their interests may appear. The proceeds shall be disbursed first for the repair or restoration of the damaged Condominium Community. Owners and holders of Security Interests are not entitled to receive payment of any portion of the proceeds unless there is a surplus of proceeds after the Condominium Community has been repaired or hilly restored. Title to each Unit within the Condominium Community is declared and expressly made subject to the terms and conditions hereto, and acceptance by he grantee of a deed or other instrument of conveyance from any Owner shall consrtute appointment of the attorney-:n-Fact herein provided. All of the Owners constitute and appoint the Association their :rue and lawful attorney in their name, place and stead for the purpose of dealing with the Condominium Community upon its damage or destruction as is hereinafter provided. As attorney-in-fact. :he Board of Directors of the Association shall have hail and complete authorization. power and right to make, execute and deliver any contract or any other instrument with respect to the interest of any Owner which is necessary and appropriate to exercise the powers herein granted. 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 of the First Mortgagees, not to exceed, however, Five Thousand Dollars or one percent of the face amount of the 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 'n 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 foss for the reimbursement of all deduc;:pies vala by the Association as an individual Assessment in accordance 'vim Paragraph 5.5 hereof. -25— 7.2 Liability Insurance. The Board of Directors shall 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 Elements and Limited Common Elements. 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 Elements and Limited Common Elements 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 Condominium 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. 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 all 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. 7.3 Additional Insurance. (a) Adequate Directors and Officers liability insurance, if 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; (b) 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 now or hereafter acquired by law; (c) Such other insurance of a similar or dissimilar nature, as the Board of Directors shall deem appropriate with respect to the Condominium Community. 7.4 Premiums. Insurance premiums for insurance carried by the Association shall be paid for by the Association as a Common Expense. In me event_here are not sufficient hinds generated.from the Common Expense Assessment to cover the cost of :he insurance provided :or above. men inc deficiency snail be chargeabie to each Owner by an individual Assessment !n accordance with Paragraph 5.5 hereof aria mon assessment shall be exempt from any special voting requirements of the Membership. Such assessment shall be prorated among Owners in the same proportion as the Common Expense Assessment Liability is allocated. 7.5 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. 7.6 Damage to Property. Any portion of the Condominium Community for which insurance carried by the Association is in effect that is damaged or destroyed, shall be repaired or reconstructed by the Association in accordance with Paragraph 3.5 hereof. 7.7 Condemnation. Whenever all or part of the Common Elements shall be taken. injured or destroyed by condemnation, the Board of Directors shall represent the Owners in negotiations, settlements and agreements with the condemning authority. Each Owner appoints the Board of Directors as such Owner's attorney-in-fact for this purpose. Each Owner shall be entitled to notice thereof, but in any proceedings for the determination of damages. such damages shall be determined for such taking, injury or destruction as a whole and not for each Owner's interest therein. The award or proceeds of settlement shall be payable to the Association and shall be distributed as follows: (a) The proceeds attributable to a Unit and/or Limited Common Elements that are not reconstructed shall be distributed to the Owner of the Unit, and the Owner of the Unit to which the Limited Common Elements were appurtenant to and to the holders of the Security Interests on such Unit as their interests may appear. (b) The remainder of the proceeds shall be distributed to each Owner and to the holders of Security Interests on such Units, as their interests may appear. in accordance with each Owner's Percentage Interest in the Common Elements as set forth in Paragraph 1.1 hereof. If Owners of Units to which at least 100% of the votes in the Association are allocated vote not to rebuild a Unit, all of the Allocated Interests of that Unit shall be reallocated as if :he Unit did not exist, and the Board of Directors shall promptly prepare, execute and record an amendment to this Declaration reflecting the reallocations without the necessity of joinder by :he other Owners and holders of Security Interests. -23— ARTICLE EIGHT: MAINTENANCE, REPAIR, RECONSTRUCTION AND RESTORATION 8.1 By the Association. The Association shall be responsible for the maintenance, repair and reconstruction of all of the Common Elements to include the Limited Common Elements in accordance with this ARTICLE EIGHT. 8.2 By the Owner. (a) Each Owner shall keep his or her Unit and its equipment, appliances and appurtenances in good order, condition and repair and in a clean and neat condition, and shall do that which may at any time be necessary to maintain the good appearance and condition of his or her Unit. In addition, each Owner shall be responsible for all damage to any other Units or to the Common Elements resulting from his or her failure or negligence to make any of the repairs required by this Paragraph. Each Owner shall perform his or her responsibility in such manner as shall not unreasonably disturb or interfere with the other Owners. Each Owner shall promptly report to the Board of Directors any defect or need for repairs for which the Association is responsible. (b) The Owner of any Unit to which a Limited Common Element is appurtenant shall keep it in a clean and neat condition. In the event any Owner shall fail to maintain or keep in good repair his or her Unit and/or Limited Common Elements in a manner satisfactory to the Board of Directors. the Board of Directors after Notice and Hearing shall have the right to maintain, repair and reconstruct said Unit. The cost of such maintenance, repair and reconstruction shall be chargeable to such Owner by Individual Assessment in accordance with Paragraph 5.5 hereof. 3.3 Manner of Repair and Replacement. All repairs and replacements shall be substantially similar to the original construction and installation and shall be of first-class quality, but may be done with contemporary building materials and equipment. 3.4 Additions, Alterations or Improvements by the Owners (Architectural Control). No Owner shall make any structural addition. alteration or improvement in or to his or her Unit without the prior written consent of the Board of Directors. No Owner snail paint or after the exterior of his or aer Unit. including the doors, windows and right 'fixtures. nor shall any Owner pain: or alter the exterior of any Building, without the prior ,Nvritten consent or :he Board of Direc:ors. 3.5 DIU/ 70 Restore Icon Damage or Destruction. AnV portion or the Concominium Comrnunit ror whica insurance is carried by the Association that is damaged or destroyed must be repaired or reconstructed promptly by the Board of Directors. The Condominium Community must he _?a_ repaired and reconstructed in accordance with the original plans and specifications or other plans and specifications which have been approved by the Board of Directors and Owners to which seventy-five percent of the votes in the Association are allocated. The cost of repair or reconstruction in excess of insurance proceeds and reserves is a Common Expense. ARTICLE NINE: DEVELOPMENT RIGHTS AND SPECIAL DECLARANT RIGHTS 9.1 Reservation. The Declarant reserves the following Development and Special Declarant Rights ("Declarant Rights") which may be exercised, where applicable, anywhere within the Condominium Community: (a) To complete the improvements indicated on the Map; (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 Units; (d) To maintain signs and advertising on the Common Elements to advertise the Condominium Community; (e) To use and to permit others to use easements through the Common Elements as may be reasonably necessary for construction within the Condominium Community, and for the purpose of discharging Deciarant's obligations under :his Declaration; f) To enlarge, without in any way being bound, the Condominium Community in aliases from time to time, by adding to the Condominium Community any of the real property described in Exhibit B attached hereto, in accordance with ARTICLE TEN hereof; (g) To appoint or remove any officer of the Association or a member of the Board of Directors during the Period of Declarant control subject to the provisions of Paragraph 4.7 of this Declaration; (h) To amend the Declaration and/or the Map in connection with the exercise of any Declarant Rights; and (i) To exercise any other Declarant Rights created by any other provisions of this Declaration. 9? Rights Transferable. Any Declarant Rights created or reserved under this Article for the benefit of Declarant may he transferred to any Person by an instrument describing the Declarant Rights transferred and recorded in the Office of the County Clerk and Recorder. Such instrument shall be executed by the transferor Declarant and the transferee. 9.5 _imitations. The Declarant Rights shall terminate at the action of:he Declarant by its written notice to the Secretary of the Association, but in any event such Declarant Rights shall terminate without further ac: or deed rive years after recording of this Declaration. -3i— Not more than twenty-six additional Units may be created under the Development Rights, ro the maximum number of Units allowed by any governmental entity having jurisdiction over the Property, pursuant to any development plan for the Property. Declarant shall not be obligated to expand the Condominium Community beyond the number of Units initially submitted to this Declaration. 9.4 Interference with Declarant Rights. Neither the Association nor any Owner may take any action or adopt any rule that will interfere with or diminish any Declarant Rights without the prior written consent of the Declarant. 9.5 Use by Declarant. The exercise of any Declarant Right by Declarant shall not unreasonably interfere with the access, enjoyment or use of any Unit by any Owner nor the access, enjoyment or use of the Common Elements; nor shall any activity be conducted which might be unsafe, unhealthy, or hazardous to any person. 9.6 Models. Sales Offices and Management Offices. Subject to the limitation set forth in Paragraph 10.3 hereof, the Declarant, its duly authorized agents, representatives and employees may maintain any Unit(s) owned by the Declarant as a model Unit(s), sales, leasing and/or management office to include, but not be limited to. a sales trailer. 9.7 Declarant's Easements. The Declarant reserves the right to perform warranty work. and repairs and construction work on Units and Common Elements, to store materials in secure areas, and to control and have the right of access to work and repair until completion. All work may be performed by the Declarant without the consent or approval of the Board of Directors. The Declarant has an easement through the Common Elements as may be reasonably necessary for the purpose of discharging the Declarant's obligations or exercising Declarant Rights. whether reserved in this Article. 9.8 Signs and Marketing. The Declarant reserves the right for Declarant to post signs and advertising in the Common Elements in order to promote sales of Units Declarant also reserves the right for Declarant to conduct general sales activities in a manner which will not unreasonably disturb the rights of Owners. ARTICLE TEN: EXPANSION 10.1 Reservation of Right to Expand. Declarant reserves the right (without in any way being bound) to enlarge the Condominium Community in phases, without the necessity of the consent thereto or the joinder therein by the Owners or First Mortgagees, by submitting to the Condominium Community from time to time a Supplemental Condominium Map and a Supplemental Declaration adding any of the real property to the Condominium Community described on Exhibit B attached hereto. 10.2 Supplemental Declarations and Supplemental Condominium Mats. Such expansion must be accomplished by the filing for record by Declarant in the Office of the County Clerk and Recorder a supplement to this Declaration containing a legal description of the new real property, together with a Supplemental Condominium Map. The expansion may be accomplished in stages by successive supplements or in one supplemental expansion so long as each subsequent phase is contiguous to the real property already subject to this Declaration. All future improvements will be consistent with the initial improvements in structure type and quality of construction and must be substantially completed prior to being brought into the Condominium Community. 10.3 Expansion of Definitions. In the event of such expansion, the definitions used in :his Declaration shall be expanded automatically. For example. 'Condominium Unit" shall mean the Condominium Units described above plus any additional Condominium Units added by a Supplemental Declaration, and reference to this Declaration shall mean this Declaration as supplemented. All conveyances of Condominium Units shall be effective to transfer rights in the Condominium Community as expanded. without additional references to the Supplemental Declaration and the Supplemental Condominium Map. 10.4 Declaration Operative on New Properties. The ne'.v real property shall be subject to ail the terms and conditions of this Declaration as amended or supplemented. upon :he recording by the Declarant in the Office of the County Clerk and Recorder, of a Supplemental Declaration and Supplemental Condominium Map. 10.5 Interests on Enlargement. An Owner at the time of his or her purchase of Condominium Unit which has been brought into the Condominium Community by a Supplemental Declaration shall be a Member of the Association. Such Owner shall be entitled to the same voting privileges as those Owners of :he initial property brought into the Condominium Community through the original Declaration and shall be subject :0 the same Assessments. The Assessments for that Phase shall commence for all Owners within that Phase '.ncluamg the Declarant upon he recording or. me supplemental Declaration aria Supplemental Condominium Mac :for that Phase. Whenever any additional property is brought into the Condominium Community, the Common Expense Assessment :.:ability -md Percentage Ownership interest in the Common Elements of each Owner after such addition '.viil change and snail be reallocated by the Declarant in accordance with Paragraph '._ hereof. The Supplemental Declaration recorded at the time of expansion shall set forth the new Percentage Ownership Interest and the new Common Expense Assessment Liability of the existing Units and the newly added Units. 10.6 Taxes, Assessments and Other Liens. All taxes and other assessments relating to the real property described in Exhibit B covering any period of time prior to the addition of such property or any portion thereof to the Condominium Community must be paid or otherwise provided for by the Declarant to the satisfaction of all First Mortgagees. Liens arising out of the construction of improvements in later phases shall not extend into prior phases and shall not adversely affect the rights of Owners or the priority of first mortgages and deeds of trust on any Unit constructed in a prior phase. 10.7 Project Treated as a Whole. For all purposes hereof, each of the Phases of the Condominium Community after the recording of the Supplemental Map and Supplemental Declaration submiaing each Phase to the Condominium Community, shall be treated as a pan of the Condominium Community developed as a whole from the beginning, except to the extent expressly otherwise provided for herein. It is the express purpose hereof to provide that from and after the date of the submission of a Phase of the Condominium Community in accordance with the above, that such Phase shall be treated as though such Phase had been owned and occupied by the Owners thereof as a single undivided Condominium Community. 10.8 Termination of the Right of Expansion. The right of expansion shall terminate at the option of the Declarant by its written notice to the Secretary of the Association, but in any event such right of expansion shall terminate without further act or deed in accordance with the limitations set forth in Paragraph 10.3 hereof. ARTICLE ELEVEN: DURATION, AMENDMENT AND TERMINATION OF THE DECLARATION 11.1 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 10.5 below. 11.2 Amendments by Owners. Except as permitted in Paragraph 12.5 hereof and except in case of amendments that may be executed by the Board of Directors pursuant to Paragraphs 1.25 and 7.7 and the Declarant pursuant to ARTICLE TEN and Paragraphs 1.25 and 11.3, and except as restricted by Paragraph 11.4 hereof, [his Declaration, including the Map, may be amended by written agreement by Owners to which at least sixr✓-seven percent of the votes in the Association are allocated. Notwithstanding any ocher provisions set forth in this Declaration, there shall be no reallocation of interests in a Limited Common Element which is appurtenant to a Unit or redefinition of Unit boundaries without the express prior written consent of the Owner affected. Any such amendment shall be effective upon the recording of the amendment together with a notarized Certificate of an officer of [he Association certifying that the requisite number of Owners and Eligible Mortgagees, if required. have given their written consent to [he amendment. The officer 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 Counry Clerk and Recorder. Signatures of Owners on the amendment need not be notarized. All signatures shall be irrevocable even upon the death of an Owner or the conveyance of the Unit, except that if an amendment is not recorded within three years of the date of signature, then the executing Owner or:heir successor or assigns may revoke their signature by a written and notarized document delivered to the Secretary of the Association. 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 mart of the whole. No action thin be commenced or maintained to challenge the vaiidin/ of any aspect of any amendment oI the Association's Declaration. Aittc:es of Incorporation or Bylaws unless It is commenced within one year from the date of the recording of the said amendment. unless .gaud or willful negligence is asserted and proven. -35— 11.3 Amendments by Declarant. Declarant reserves the right to amend, without the consent of Owners or First Mortgagees this Declaration, the Map, the Association's Articles of Incorporation or Bylaws, any time within the limitations set forth in Paragraph 9.3 hereof, to make nonmaterial changes, such as the correction of a technical, clerical, grammatical or typographical error or clarification of a statement. 11.4 Consent of Declarant. 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 of the Declarant, but in any event, shall terminate without further act or deed in accordance with the limitations set forth in Paragraph 9.3 hereof. 11.5 Termination. The Condominium Community may be terminated by a written agreement by Owners of Units to which at least seventy-five percent of the votes in the Association are allocated. -36— ARTICLE TWELVE: GENERAL PROVISIONS 12.1 Successors and Assigns. This Declaration shall be binding upon and shall inure to the benefit of the Association and each Owner, and the heirs, personal representatives, successors and assigns of each of [hem. 12.2 Severabilirv. Any portion of this Declaration invalidated in any manner whatsoever shall not 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 full force and effect as if such invalid provision has never been included herein. 12.3 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. 12.4 Conflict. The Documents are intended to comply with the requirements of the Condominium Ownership Act of the State of Colorado. C.R.S. §§ 38-33-101, et seq. If [here is any conflict between the 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 document, this Declaration shall control. 12.5 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 shall be 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 Directors of the Association or the Association shall be sent by certified mail, postage prepaid. to Tom Redmond. 1232 Boston Avenue, Longmont. CO 80501. 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). 12.6 Arbitration/Attorney's Fees. Except for matters requiring injunctive relief and matters concerning the collection of Assessments, all matters regarding the interpretation, application and enforcement of this Declaration shall be resolved by binding arbitration in accordance with the Colorado Arbitration proceeding consistent with the Rules of the .American Arbitration Associa- tion. The parties to such dispute shall agree upon a single arbitrator who shall be an experienced manager of a commercial condominium. In the event the parties are unabie .o agree upon an arbitrator within 30 days after written notice, :he presiding judge of the Connty'3 District Court shall appoint an arbitrator qualified as set forth above upon application of a party. The arbitrator shall be required to follow substantive law in reaching a decision under this Paragraph. Judgment upon the determination of the arbitrator shall be entered and enforced by the County's District Court. The arbitrator shall have authority, in the sound exercise of discretion, to award the parry who substantially prevails such parry's costs and expenses, including reasonable attorney's fees. In any proceeding to enjoin any violation of this Declaration, the party or parties against whom judgment is entered shall pay the attorney's fees and costs of the party or parties for whom judgment is entered. 12.7 Captions. The captions and headings in this Declaration are for convenience only, and shall not be considered in construing any provision of this Declaration. 12.8 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 Owners have caused this Declaration to be executed this day of , 1999. SKYWAY DRIVE, LTD. A Colorado Limited Liability Company By: Tom Redmond. Manager STATE OF COLORADO ) ) ss. COUNTY OF The foregoing instrument was subscribed and sworn to before me this day of , 1999 by Tom Redmond as Manager of SKYWAY DRIVE. LTD., a Colorado limited liability company. My commission expires: WITNESS' my hand and official seal. Notary ?aciic -33- EXHIBIT A TO nu; CONDOMINIUM DECLARATION OF THE SKYWAY DRIVE COMMERCIAL CONDOMINIUMS LEGAL DESCRIPTION OF THE REAL PROPERTY SUBMITTED TO THE CONDOMINIUM DECLARATION OF THE SKYWAY DRIVE COMMERCIAL CONDOMLNIUMS (FIRST PHASE) TO BE SUPPLIED EXHIBIT B TO THE CONDOMINIUM DECLARATION OF nit SKYWAY DRIVE COMMERCIAL CONDOMINIUMS LEGAL DESCRIPTION OF THE REAL PROPERTY WHICH MAY BE SUBMITTED TO THE SKYWAY DRIVE COMMERCIAL CONDOMINTUM REGIME IN LATER PHASES TO BE SUPPLIED EXHIBIT C TO THE CONDOMINIUM DECLARATION OF THE SKYWAY DRIVE COMMERCIAL CONDOMINIUMS TABLE OF INTERESTS (FIRST PHASE) Subject to the provisions of ARTICLE TEN hereof, each Unit is hereby vested with an undivided Percentage Ownership Interest in the Common Elements and is subject to a Common Expense Assessment Liability as set forth below. PERCENTAGE COMMON EXPENSE UNIT FINISHED OWNERSHIP ASSESSMENT NO. SQ. FT. INTEREST LIABILITY 1 2 TO BE SUPPLIED 3 4 5 The Percentage Interest in the Common Elements and Common Expense Assessment Liability has been determined by the Declarant in accordance with Paragraph 1.1 hereof. Whenever any additional property is brought into the Condominium Community, in accordance with ARTICLE TEN hereof, the Common Expense Assessment Liability and the Percentage Ownership Interest in the Common Elements of each Owner after such addition will change and shall be reallocated by the Declarant in accordance with Paragraph 1.1 hereof after such addition. The Suppiemental Declaration recorded at the time of expansion shall set forth the new Common Expense Assessment Lability and the new Percentage Ownership Interests in the Common Elements of the existing Units and the ne',viy added Units. The Percentage Interest and Common Expense Assessment Liability shown for each Unit is subject to change in accordance with ARTICLE TEN hereof. • Voting Rights shall 'oe allocated in accordance with Paragraph 4.6 hereof. THE CONDOMINIUM DECLARATION OF THE SKYWAY DRIVE COMMERCIAL CONDOMINIUMS THIS DOCUMENT WAS DRAFTED BY, AND AFTER ER RECORDNC', RETURN TO: William A. Love, Esq. 'Neils. Love & Booby LLC _25 Canyon Blvd. Copyright© 1999 Boulder, CO 30302 By William A. Love 03) d. .9-4-100 All Rights Reserved 1712199 NOV 29. 1999 8 : 33AM N1; 3 2 ;ls „.W" It+" cSt<. ClAain cSani±akian I tsttict (:Sault cSan) 3.ettli4ane JP. 0..2es Q0E (909)776-9570 436 Calman eSt.ccu(Ee 200 (sag) 774-2949¶ar Longmont, CD t'0502-cgcE November 29, 1999 Mr. John Sargent Sun Construction 1232 Boston Ave. Longmont, CO 80501 Re: Block 3, Lots 2&3, Vista Commercial Center Dear Mr. Sargent, Saint Vrain Sanitation District will provide sanitary sewer service to the lots described above, subject to completion of inspection and approval of connection to District facilities. Service will be subject to the rules and regulations of the Saint Vrain Sanitation District. Sincerely, Saint Vrain Sanitation District Fark A Peterson Manager • WELD COLTY7.7 R04D AccEss LN opavr nQN SQL i Weid County Pubiic Worics De?a.-hen.: Date: Nov. 291999 9.73 Nora: I lta Avenue.P.C. Box 75E, Greeley, CO 30632 ?hone: (97C )35000, Ex:.3750 . (.970)2:2-2863 A piican:Name T. S. Skyway 1 I C ?'none 3(?3-4,41-473() Adaa ss 1232 Bos ton Ave. Lonilrnon 80501 Address or location of access Section. Township Raise Subdivision Vista Comnercia1 Center 3iocx 3 Loc 2 & 3 Weld County Road = 3 Side of Road Cis::.nc_ from :earesr intersection _. Is Isere an existing access to the property? Yes No X = o:accesses 4. Proposed Use: Permanent D Residential/Agricultural 23 Indust ial 2, Temporary Subdivision � Commercial L O.^er Site Sketch Legend for Access a J. 1 .w� Description: W€EDcAGR = Azricuinrai RES = Residential O&G = Oil & Gas D.R. = Ditcn.Road .)% One lily Full Acalss � a� ; y Truck Exit Cars Truck Entry OFFICE USE ONLY: Road ADT Date Accidents Dare Road ADT Date Accidents Dare Drainage R_ouser:ien: Culver: Size ' math S oec.ciCor..d:Itor.s ::a:fa^on author:___ information insufficient Ze`/te.ve� 3v" I:ie: Nov-23-99 05 : 21P Left ' and Water Dist 303 530 5252 P i . e a LEFT HAND WATER DISTRICT November 23, 1999 TS Sky Way LLC 1232 Boston avenue Longmont, CC) 80501 Via Fax: 303-444-6774 To Whom It May Concern: The Left Hand Water District serves the Vista Commercial Center. Capacity exists to serve a proposed development, which was originally planned for Block 3, Lots 3 & 4. and has now been changed to Block 3. Lots 2 and 3. The existing conditions For service will apply to the new configuration of lots for the development, as outlined in the attached tap reply and engineer's evaluation. The only change will he that a paid tap equivalent existed on Block 3, Lot 4, and a tap transfer will have to be made by the developer for Lot 2.. before tap fees can be determined. Sincerely, Kathy Peterson General Manager P.O. Box 210 •Niwot CO. 80544• (303) 530-4200 • Fax (303) 530-5252 ; PE PICKETT ENGINEERING, INC. November 24. 1999 John Sargent Vice President of Development&Design Sun Construction & Design Services, Inc. 1232 Boston Avenue Longmont, Colorado 80501 Re: Skyway Commercial Center • Lots 2 and 3,Black 3 PEI 499-019 Dear Mr. Sargent: I have reviewed your site plan dated November 24. 1999, for the Skyway Commercial Center at Vista Commercial Center. Skyway Commercial Center is located on Lots 2 and 3,Block 3, Vista Commercial Center, First Filing. Vista Commercial Center is a subdivision which provides detention for the entire subdivision located along its northern boundary adjacent to Highway 119. Therefore, individual lot owners are not required to provide detention on their property, but are to collect and convey their stormwater to the side ditches of the adjacent roadways, or to designated drainage easements. In this case, Skyway Drive is the destination of 57%your stormwater runoff, and the drainage ditch along the east side of Lot 1 will receive the other 43%. It appears that the 10-year storm and the 100-year storm peak runoff rates will be 9.9 cfs and 15.6 cfs, respectively to Skyway Drive. The 10-year storm and the 100-year storm peak runoff rates to Lot 1 will be 8.9 cfs and 14.1 cfs, respectively. This reflects the total runoff from your site which may be conveyed in more than one location according to the site plan. Upon development of the final wading plan we will provide specific recommendations for the adequate conveyance of this stormwater runoff to the aforementioned roadside ditches. 210 Bank One Plaza — 822 7th Street — Greeley, CO 80631 Phone (970) 356-6362 — Fax (970) 356-6486 pickett@ctos.com Since we will be developing construction documents for this project, we are certain that stormwater will be conveyed adequately according to the developments requirements. Should you have any further questions, or if the engineers at Weld County Public Works Department have any questions, do not hesitate to call. Sincerely, PICKETT ENGINEERI,NC,'YiICaa, Kris . Pickett, .E o: 7,733 •',Q. President am^ ��199••''z' . ? KAP/jz Ia., t '� . Drainage Calculations For Vista Commercial Center, First Filing, Lots 2 & 3, Block 3 Flow to Skyway Dr. Flow to Lot 1 Area = 5.76 acres (250,856 sa.ft.) 142,849 sq.ft. 108,007 sq.ft. Ctoo = 0.80 developed (100-yr) C100 = 0.75 C100 = 0.90 (50' // 60 x 3) + (1300 / 60 x 1.5) = 15 min. i10 = 4.01 in/hr itoo = 6.34 in/hr Qio = 9.9 cfs 8.9 cfs Qioo = 15.6 cfs 14.1 cfs These represent the total site runoff Runoff is to be conveyed to the roadside ditch and the ditch in Lot 1, which will convey water to the Vista Commercial Center detention facilities. Suggest reviewing culvert sizing of 18" to 24" RCP with flared-end sections during final design. il ZONE C V I _ Sant I, \ Rese ---._ --\._ .. El \I KIRKLAND IF \1 I ` . i \ 31 3230 !f� II I ;• ; • II I ,' / N _ ._ _______ 13 P1. \ _ -_ -(11! _.--//7 , ' ��_ jc �� = ��s1Eµr J I I 1� a ��pt '`% y 6 () rt I• IIc7 fi17-1I1 id II I� // ii ii 4,6,3, 11 o'oii 11 ti I ll JESSUM ;opl --- IF- I REFERRAL LIST NAME: TS Skyway, LLC CASE NUMBER: SPR-314 REFERRALS SENT: December 6, 1999 REFERRALS TO BE RECEIVED BY: December 27, 1999 COUNTY TOWNS and CITIES Attorney Ault _X Health Department Brighton Extension Service Broomfield Emergency Management Office Dacono Sheriffs Office Eaton _X Public Works _Erie Housing Authority Evans Airport Authority Firestone _X Building Inspection Fort Lupton _X Code Enforcement Frederick STATE Garden City Division of Water Resources Gilcrest Geological Survey Greeley Department of Health Grover Department of Transportation Hudson Historical Society Johnstown Water Conservation Board Keenesburg Oil and Gas Conservation Commission Kersey Division of Wildlife: LaSalle West of 1-25(Loveland) Lochbuie East of 1-25(Greeley) _X_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 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 School District Greeley Ditch Company _X_Longmont _X_Ginny Shaw West Adams COMMISSION/BOARD MEMBER rsti;••• i Weld County Referral CDecember 6, 1999 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant TS Skyway, LLC Case Number SPR-314 Please Reply By December 27, 1999 Planner Anne Best Johnson Project Site Plan Review for condominium office and warehouse Legal Lots 2 & 3, Block 3, Vista Commercial Center, 1st Filing, located in N2 of Section 8, Township 2 North, Range 68 West of the 6th P.M., Weld County, Colorado. Location Approximately 1/4 mile south of SH 119 east of WCR 3.5 on Skyway Drive. For a more precise location, see legal. Parcel Number 131 08 103003/1313 08 103002 e a e 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. ❑ 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 Agency Date •:•Weld County Planning Dept. E•1555 N. 17th Ave.Greeley, CO.80631 $(970)353-6100 ext.3540 +(970)304-6498 fax DEPARTMENT OF PLANNING SERVICES PHONE (970) 353-6100, EXT 3540. FAX (970) 304-6498 17T 1555 N. 17TH AVENUE GREELEY, COLORADO 80631 C. COLORADO December 6, 1999 Sun Construction do John Sargent 1232 Boston Ave Longmont, CO 80501 Subject: SPR-314 Site Plan Review for condominium office and warehouse in the on a parcel of land described as Lots 2 &3, Block 3, Vista Commercial Center, 1st Filing, located in N2 of Section 8, Township 2 North, Range 68 West of the 6th P.M., Weld County, Colorado. Dear Mr. Sargent: Your application and related materials for the request described above are complete and in order at this time. Our Department will be processing the Site Plan within 45 days or upon receipt of recommendations from the referral agencies. You will be notified by this office at the end of the review period regarding the site plan. 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 the comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of the submitted materials to the Longmont Planning Commission for its review and comments. It is recommended that you and/or a representative be in attendance at the Longmont Planning Commission meeting to answer any questions the Commission members may have with respect to your application. Please call the City of Longmont at 303- 651-8330, for further details regarding the date, time, and place of this meeting. If you have any questions concerning this matter, please feel free to call or visit our office. SCI /6Z Anne Best Johnson Long Range Planner Hello