The URL can be used to link to this page

Browse Search

Home My WebLink About20001585.tiff ,��i,, APPLICATION FLOW SHEET LWiIPC COLORADO APPLICANT: Lafaver & Miles/ Lighthouse Cove/TuttleApplegate, Inc. CASE #: S-522 REQUEST: PUD Final Plan LEGAL: N2 NE4 Section 16, T2N, R68W of the 6th P.M., Weld County, CO, Lot B RE-2330 LOCATION: Approximately 1-1/4 mile south of State Highway 119 and west of and adjacent to Weld County Road 7 PARCEL ID #: 1313 16 000034 ACRES: 75 Date By Application Received 1.10.2000 eaj Application Completed 1.10.2000 abj Referrals listed 1.10.2000 abj Design Review Meeting (PUD) Utility Board Meeting 3 - !( -ocx.cL1 File assembled 1- J'- Ott cS Letter to applicant mailed 1- Vicinity map prepared Referrals mailed /�- P-OO —1-FS Chaindexed / I� —©0 c S Field check by DPS staff `j{ //dr2-) Administrative Review decision:(-- 3 /,?j/(/U Date By County Commissioners Hearing Date (if applicable) Surrounding property owners notified Air photo and maps prepared CC action: CC resolution received Recorded on maps and filed Overlay Districts Zoning Agricultural, USR-551 Airport No Geologic No 2000-1585 Flood Hazard Yes: Panel#080266 0850C ✓)7 / etit P.U.D Final Plan Administrative Review COLORADO CASE NUMBER: S-522 PLANNER: Julie A. Chester APPLICANT: Lafaver & Miles/Lighthouse Cove do TuttleApplegate, Inc. ADDRESS: 2185 Pine Drop Lane, Golden, CO 80401 REQUEST: Final Plat for a Planned Unit Development for ten (10) Residential lots with forty-five (45) acres of Open Space in the Mixed Use Development Area LEGAL DESCRIPTION: Lot B of RE-2330, part of the N2/NE4 of Section 16, T2N, P68W of the 6th P.M., Weld County, Colorado LOCATION: West of and adjacent to WCR 7, approximately 1/4 north of WCR 20 V2 ACRES: 73 acres PARCEL # 1313-16-000034 THE DEPARTMENT OF PLANNING SERVICES'STAFF HAS APPROVED THIS REQUEST FOR THE FOLLOWING REASONS: 1. The submitted materials are in compliance with the application requirements of Section 7.4 of the PUD Ordinance. 2. The request is in conformance with Section 7.4.3. of the PUD Ordinance., as follows: a. Section 7.4.3.1—That the proposal is consistent with the COMPREHENSIVE PLAN, Zoning and Subdivision Ordinances, MUD Ordinance, if applicable, and any IGA in effect influencing the PUD. 11 UGB.Goal 2 states, "Concentrate urban development in or adjacent to existing municipalities or the 1-25 Mixed Use Development area..." This application proposes urban-scale development as defined by Section 2.18 of the Weld County PUD Ordinance and is located within the Mixed Use Development area. The intent of this goal is to encourage urban scale development to occur where urban scale infrastructure is available. Lafaver/Lighthouse Cove,S-515 Page I Service,Teamwork, Integrity, Quality 2) R.Policy 3 states, "Weld County should encourage a compact form eve urban de pment by directing residential growth tr ban growth boundary areas ano to those areas where urban services ale already available before committing alternate areas to residential use.' Urban services are proposed as the lots will be served by Left Hand Water District and St. Vrain Sanitation District. 3) MUD.Policy 6.4 states, "The clustering concept of residential units should oe encouraged to reduce development and maintenance costs, preserve natural features, and maximize open space." Site limitations due to the lake require the applicant to cluster the residential lots on a small portion of the site. The proposal far exceeds the required 30% open space at approximately 80%. 4) The subject site is included within the Limiting Site Factor designation on Structural Land Use Map 2.1 of the Mixed Use Development (MUD) and Comprehensive Plans. Upon review of the sketch plan application the Department of Planning Services' determined that the application exceeds the MUD common open space requirement of 30% for Limiting Site Factors per Table 2.2 of the MUD Plan. According to the estimated lot size, and allowing for approximately 2 acres for road right-of-way, the proposal includes approximately 80%open space largely due to the lake. Additionally, Table 2.1 includes low density residential as a use in the Limiting Site Factors category. b. Section 7.4.3.2--That the USES which would be allowed in the proposed PUD will conform with the Performance Standards of the PUD Zone District contained in Section 2 of this Ordinance. All of the Performance Standards have been addressed prior to Administrative Review of the Final Plan. c. Section 7.4.3.3--That the USES which would be permitted will be compatible with the existing or future development of the surrounding area as permitted by the existing zoning, and with the future development as projected by the COMPREHENSIVE PLAN or MASTER PLANS of affected municipalities. The uses which would be allowed on the subject property by granting the final plat will be compatible with the surrounding land uses. d. Section 7.4.3.4--That adequate water and sewer service will be made available to the site to serve the USES permitted within the proposed PUD in compliance with the Performance Standards in Section 2 of this Ordinance. The application does propose an adequate water supply and sewage disposal. The application materials include a Subdivision/Multiple Tap Service Agreement with Left Hand Water District. Attached conditions of approval require evidence that the requirements of the District have been addressed. Additionally, a letter from the Division of Water Resources received March 8, 1999 states, "Pursuant to Section 30-28-136(1)(h)(II) C.R.S., the State Engineer's Office offers the opinion that the proposed water supply will not cause material injury to existing water rights, and with Left Hand Water District serving the proposal, the supply is expected to be adequate." e. Section 7.4.3.5-- That STREET or highway facilities providing access to the property are adequate in functional classification, width, and structural capacity' to meet the traffic requirements of the USES of the proposed PUD Zone District. The Improvements Agreement has been completed and must be accepted by the Department of Public Works and Weld County Attorney's office. This agreement covers collateral for Private Road Maintenance, Public Road Maintenance and Landscaping. The Improvements Agreement will be scheduled before the Board of County Commissioner's for final approval. f. Section 7.4.3.7--That there has been compliance with the applicable requirements contained le Zoning Ordinance regarding overla; stricts, commercial miner if deposits, and soil conditions on the subject site. The subject site is located with,n the Flood Hazard Overlay District. Conditions of approval ensure that the appplicant will address all requirements of the Flood Hazard Overlay District as specified n Sections 26 and 53 of the Weld County Zoning Ordinance. g. Section 7.4.3.8--/f compatibility exists between the proposed USES and criteria listed in the Development Guide, and the Final Plan exactly conforms to the Development Guide. The proposed PUD Final Plan USES are compatible with the criteria listed in the Developmental Guide. The PUD Final Plan conforms to the Developmental Guide. This recommendation is based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral agencies. The Department of Planning Services' Staff recommendation for approval is conditional upor the following: 1. Prior to Recording the PUD Final Plat: a. The plat shall include the following: 1) The current Right to Farm Covenant from the Weld County Comprehensive Plan. (Dept. of Planning Services) 2) The name of the street, which shall not conflict with any other street within the particular U.S. Postal area. (Dept. of Planning Services) b. The applicant shall obtain approval of the Restrictive Covenants for the Lighthouse Cove PUD Final Plan from the Weld County Attorney's Office and be ready for recording in the Office of the Clerk and Recorder. c. The applicant shall provide evidence that the conditions of St. Vrain Sanitation District have been addressed and that taps are available. 2. The Final Plat is conditional upon the following and that each be placed on the Final Plat as notes prior to recording: a. The Final Plat allows for ten (10) Residential lots and an Open Space lot consisting of forty-five (45) acres. The Change of Zone allows for Residential uses (10 lots) which shall comply with the R-1 Zone District requirements as set forth in Section 32 of the Weld County Zoning Ordinance. The common open space shall be owned and maintained in accordance with Section 6.3.5 of the Planned Unit Development Ordinance (Ordinance 197). (Dept. of Planning Services) b. The area labeled "Area of Future Residential Development" shall be limited to the specific area as delineated on the plat. This area shall require separate PUD Sketch Plan and Final Plan applications to develop. The applications on this area shall adhere to the regulations and development standards in place at the time of application. Proposed development of this area shall be consistent with the eight lots of similar density as proposed in sketch plan S-470 as those proposed densities were the basis for the Department of Planning Services' consideration in determining appropriate level of development in the Limiting Site Factors area. Designation of such future development area does not create a vested right in those lots. c. Water service shall be provided by the Left Hand Wager District. (Health DepT.) d. The site shall maintain compliance at all times with the requirements of the Weld County Public Works Department, Weld County Department of Public Health and the Environment, and The Weld County Department of Planning Services (Planning) e. Installation of utilities shall comply with Section 12 of the Weld County Subdivision Ordinance. (Planning) f. All outdoor storage shall be screened from public rights-of-way, and adjacent properties. (Planning) g. Sewage disposal service shall be provided by St. Vrain Sanitation District. (Health Dept.) h. In the event that five (5) or more acres are disturbed during the construction of the site, the applicant shall obtain a stormwater discharge permit from the Water Quality Control Division of the Colorado Department of Public Health and the Environment. Silt fences shall be maintained on the down gradient portion of the site during all parts of the construction phase of the project. (Health Dept.) During development of the site, all land disturbance shall be conducted so that nuisance conditions are not created. If dust emissions create nuisance conditions, at the request of the Weld County Department of Public Health and the Environment, a fugitive dust control plan must be submitted. (Health Department) j. In accordance with the Regulations of the Colorado Air Quality Control Commission any development that disturbs more than five (5) acres of land must incorporate all available and practical methods which are technologically feasible and economically reasonable in order to minimize dust emissions. (Health Dept.) k. If land development creates more than a 25 acre contiguous disturbance, or exceeds six (6) months in duration, the responsible party shall prepare a fugitive dust control plan, submit an air pollution emissions notice, and apply for a permit from the Colorado Department of Public Health and Environment. (Health Dept.) The site shall adhere to and maintain compliance with the Flood Hazard Overlay District requirements as specified in Sections 26 and 53 of the Weld County Zoning Ordinance. (Dept. of Planning Services) m. All development shall adhere to the requirements of the Mountain View Fire Protection District. (Mountain View Fire Protection District) n. Prior to the release of any building permits, foundations shall be engineered at each separate building site. (Weld County Building Inspection) The open space maintenance shall include removal of manure in a manner that will prevent nuisance conditions and will not allow runoff. The manure piles shall not be allowed to exist or deteriorate to a condition that facilitates excessive odors, flies, insect pests or pollutant runoff. (Health Dept.) 1" P. No permanent disposal of wastes shall be permitted at this site. (Health Dept.) q. The maximum permissible noise level shall not exceed the residential limit of 55 db(A) as measured according to 25-12-102, Colorado Revised Statutes. (Health Dept.) r. Any signaoe located on the property shall require building permits and adhere to Section 4: of the Weld County Zoning Ordinanc esign Standards. (Dept. of Planning Services) s. The Right To Farm Covenant as stated in the Weld County Comprehensive Plan shall be recognized at all times. (Dept. of Planning Services) t. Approval of this plan may create a vested property right pursuant to Section 90 of the Weld County Zoning Ordinance. u. The applicant shall comply with Sections 8.7, 8.8, 8.9 and 8.10 of the PUD Ordinance. 3. The Final Plat shall be submitted to the Department of Planning Services for recording within 30 days of approval by the Department of Planning Staff. (Planning) 4. Prior to the release of any building permits: A. The applicant shall supply designated street signs and stop signs, as required by Weld County Public Works, at the appropriate location adjacent to Weld County Road 7. (Weld County Public Works) kit "( - Julie A. Chester Lead Planner pc: S-522 RECEIVED JAN 1 ?000 AstralW �. Department of Planning Services Flood Hazard Development Permit COLORADO Administrative Review Applicant: Donald La Fever Case Number: FHDP-350 Planner: EAJ Legal Description: Lot B or RE-2330, Being part of the N2, NE4 Section 16, Township 2 North, Range 68 West of the 6th P.M., Weld County, Colorado 'arcel Identification Number: 1313 16 000034 Firm Map Number: 080266 0850C Permit is approved -The plans and materials submitted in support of the proposed development are in compliance with the applicable floodplain management standards in the Weld County Zoning Ordinance. Permit is conditionally approved. Provided the conditions of approval are met, the plans and X materials submitted in support of proposed development will comply with the applicable floodplain management standards in the Weld County Zoning Ordinance. Permit is denied. The proposed development is not in conformance with applicable f'oodplain management standards in the Weld County Zoning Ordinance (explanation attached). Variance is required. The proposed development will require approval of a variance by the Board of Adjustment is the applicant wishes to proceed with construction. Please call the Departrnenr of Planning Services to discuss the appropriate application materials needed to apply for a variance Conditions of Approval: 1. The installation of any septic system within the 100-year flood plain shall comply with the Weld County I.S.D.S. flood plain policy. In accordance with the Colorado I.S.D.S. Regulations, no septic systems shall be installed within the floodway. 2. A Weld County septic permit is required for any proposed home. The septic system shall be installed according to the Weld County Individual Sewage Disposal System (I.S.D.S.) regulations. 3. Installation of utilities shall comply with the conditions listed in the Flood Hazard Developmert Permit Certificate. 4. Construction shall comply with all requirements/conditions of the Weld County Building Code. 5. The lowest floor elevation of structures without a basement shall be considered to be the elevation, above mean sea level, of the top of the foundation of the structure. The lowest floor elevation of structures with a basement shall be considered to be the elevation, above mean sea level, of the floor of the basement of the structure. The lowest floor elevation of a mobile home shall be considered to be the elevation, above mean sea level, of the top of the mobile home pad, as described in the Lowest Floor definition in the Weld County Zoning Ordinance. (Also, see definition of BASEMENT: Any floor level below the first story or main floor of a building. The BASEMENT is wholly or partially lower than the surface of the ground. For the purposes of this ordinance, any crawl space with six (6) feet or more between the floor and the ceiling shall be considered to be a BASEMENT) 6. Prior to release of the Certificate of Occupancy, the applicant shall submit an as-built elevation certificate signed and stamped by a registered Colorado Professional Engineer. 7. All proposed or existing structures will or do meet the minimum setback and offset requirements for the zone district in which the property is located. 8. Any future structures or uses on site must obtain the appropriate zoning and building permits. � n December 28, 1999 Eric A. Jerman, Plann r Date DEPARTMENT OF PLANNING SERVICES PHONE (970) 353-6100, EXT.3540 FAX N. (970)7TH 3 E 1555 N. 17TH AVENUE GREELEY, COLORADO 80631 Elk COLORADO January 11, 2000 Tuttle Applegate c/o Shani Eastin 11990 Grant St Ste 304 Denver, CO 80233 Subject: S-522 - Request for approval of a Final Plan for 10 Lot PUD on a parcel of land described as N2 NE4 of Section 16, Township 2 North, Range 68 West of the 6th P.M., Weld County, Colorado. Dear Ms. Eastin: Your application and related materials for the request described above are complete and in orde- at the present time. I have scheduled a meeting with the Weld County Utilities Advisory Committee for Thursday, February 10, 2000, at 10:00 a.m. This meeting will take place in the Weld County Planning Department. Room 210, 1555 N. 17th Avenue, Greeley, Colorado. It is the policy of Weld County to refer an application of this nature to any town or municipality lying within three miles of the property in question or if the property under consideration is located within the comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of the submitted materials to the Firestone, Frederick, and Longmont Planning Commissions for their review and comments. Please call the town of Firestone at 303-833-3291, the town of Frederick at 970-833-2388. and the city of Longmont at 303-651-8330, for information regarding the date, time and place of these meetings and the review process. It is recommended that you and/or a representative be in attendance at each of the meetings described above in order to answer any questions that might arise with respect to your application. If you have any questions concerning this matter, please feel free to call me. Sincerely, �n Best Johns.n Long Range Plan ASSIIMS _= SOSMSS 31- 7uttleApplegate,lnc. Consultants for Land, Mineral and Water May 5, 2000 Julie Chester, Lead Planner Weld County Planning Department 1555 North 17th Avenue Greeley, CO 80631 RE: Lighthouse Cove S-522 Dear Ms. Chester: Attached, please find signed and notarized Exhibits A and B that accompany the improvements guarantee as required in your Conditions of Approval for S-522. You should be receiving the letter of credit from Don &Chucks bank with the new few days. In addition, once Lee Morrison, the Assistant County Attorney, has reviewed the covenants, a signed and recorded copy will be provided to your office. As you are aware,today is my last day with TuttleApplegate. If you require anything additional for this project please call either Don, Chuck or Jon Deshayes of our office. Thank you for your continued assistance with this development project. Sincerely, TpTTLEAPPLEGATE, INC. \ V -(l -` . _ _ Shani L. Eastin Planner CC: Chuck Miles. Lighthouse Cove Don LaFaver, Lighthouse Cove TA File #99-223 140 Grant St • Suite 304 • Denver, CO 80233 5441 Boeing Drive • Suite 200 • Lovelann, ( :O BOG art 6365 Si) 45:'-6611 • Fax (333) 452-2759 (970) 461-9884 • Fax (970) 613-1177 HBO 11111 1111111 HEI IIII 111111 Iilll III 11111 IIII 1111 2775415 06/19/2000 11:31A JA Suki Tsukamoto 1 of 71 R 355.00 D 0.00 Weld County CO THE DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS OF LIGHTHOUSE COVE THIS DOCUMENT WAS DRAFTED BY, AND AFTER RECORDING, RETURN TO: William A. Love, Esq. Wells, Love & Scoby LLC 225 Canyon Blvd. Copyright © 2000 Boulder, CO 80302 By William A. Love (303) 449-4400 All Rights Reserved 6/5/00 111111111111111111111111111111111111111 III 11111 IIII Ill 2775415 06/19/2000 11:31A JA Suki Tsukamoto 2 of 71 R 355.00 D 0.00 Weld County CO TABLE OF CONTENTS PREAMBLE 1 ARTICLE ONE: DEFINITIONS 2 1.1 Act 2 1.2 Agencies 2 1.3 Allocated Interests 2 1.4 Articles 2 1.5 Assessments 2 1.6 Assessment Lien 2 1.7 Association 2 1.8 Board of Directors or Board 3 1.9 Bylaws 3 1.10 Common Areas 3 1.11 Common Expense Assessments 3 1.12 Common Expense Assessment Liability 3 1.13 Common Expenses 3 1.14 Costs of Enforcement 3 1.15 County 3 1.16 Declarant 4 1.17 Declaration 4 1.18 Design Review Committee 4 1.19 Design Review Guidelines 4 1.20 Development Rights and Special Declarant Rights . 4 1.21 Dwelling Unit or Unit $ 4 1.22 Eligible Mortgagee 4 1.23 First Mortgagee 4 1.24 First Security Interest 5 1.25 Guest 5 1.26 Impacted Owner 5 1.27 Improvements 5 1.28 Lighthouse Cove Water Ski Club Rules 5 1.29 Lot 5 1.30 Lots That May Be Created 6 1.31 Managing Agent 6 1.32 Member 6 1.33 Notice and Hearing 6 1.34 Owner 6 1.35 Participating Builder 6 1.36 Period of Declarant Control 6 1.37 Person 6 1.38 Planned Community 6 1.39 Plat 6 1.40 Project Documents 6 -i- 1 ►11111111111111111111111111111111 11 III 1112775415 06119/2000 11:31A JA Suki11111111tillI sukamoto 3 of 71 R 355.00 D 0.00 Weld County CO 1.41 Rules 7 1.42 Security Interest 7 1.43 Special Assessments 7 1.44 Supplemental Declaration 7 1.45 Turnover Date 7 1.46 VA and/or FHA Approval 7 ARTICLE TWO: SCOPE OF THE DECLARATION 8 2.1 Property Subject to this Declaration 8 2.2 Conveyances Subject to this Declaration 8 2.3 Owner's Rights Subject to this Declaration 8 2.4 First Phase, Number of Lots 8 2.5 Identification of Lots 8 2.6 Lot Boundaries 8 ARTICLE THREE: THE COMMON AREAS 9 3.1 Common Area Dedication 9 3.2 Title to the Common Areas 9 3.3 Duty to Accept the Common Areas Transferred by Declarant 9 3.4 Duty to Manage and Care for the Common Areas 9 3.5 Owner's Rights in the Common Areas 9 3.6 Delegation of Use 10 ARTICLE FOUR: THE ASSOCIATION 11 4.1 Name 11 4.2 Purposes and Powers 11 4.3 Board of Directors 11 4.4 Articles and Bylaws 11 4.5 Membership 11 4.6 Voting Rights 11 4.7 Period of Declarant Control 11 4.8 Election by Owners 12 4.9 Delivery of Documents by Declarant 12 4.10 Budget 13 4.11 Association Agreements 14 4.12 Indemnification 14 4.13 Certain Rights and Obligations of the Association 14 4.14 Certain Rights and Obligations of the Declarant 15 4.15 Lighthouse Cove Water Ski Club . 15 ARTICLE FIVE: ASSESSMENTS 16 5.1 Obligation 16 5.2 Purpose of the Common Expense Assessment 16 -ii- 11116111111111111111111111111 NE III 11111 IIII IIII 2775415 06/19/2000 11:31A JA Suki Tsukamoto 4 of 71 R 355.00 0 0.00 Weld County CO 5.3 Date of Commencement of the Assessment 16 5.4 Levy of Assessments 17 5.5 Due Date 18 5.6 Remedies for Nonpayment of Assessments 18 5.7 The Assessment Lien 19 5.8 Assignment of Assessments 20 5.9 Surplus Funds 20 5.10 Working Capital Fund 20 5.11 Certificate of Status of Assessments 21 5.12 No Offsets 21 ARTICLE SIX: ARCHITECTURAL APPROVAL/DESIGN REVIEW 22 6.1 Approval of Improvements Required 22 6.2 Membership of the Committee 22 6.3 Address of the Committee 22 6.4 Submission of Plans/Design Review Fee 22 6.5 Delegation/Waiver 23 6.6 Criteria for Approval 23 6.7 Decision of the Committee 24 6.8 Appeal to the Board of Directors 24 6.9 Failure of Committee to Act on Plans 24 6.10 Prosecution of Work After Approval 25 6.11 Notice of Completion 24 6.12 Inspection of Work 25 6.13 Notice of Noncompliance 25 6.14 Failure of Committee to Act After Completion 25 6.15 Appeal to the Board of Directors of Finding of Noncompliance 25 6.16 Correction of Noncompliance 26 6.17 Meetings of the Committee 26 6.18 No Implied Waiver or Estoppel 26 6.19 Estoppel Certificates 26 6.20 Architectural Standards/Design Guidelines 26 6.21 No Liability for Committee Action 26 ARTICLE SEVEN: LAND USE AND OTHER RESTRICTIONS 28 7.1 Limitations and Restrictions 28 7.2 Land Use 28 7.3 Building Locations, Basements, Height Restrictions and Lot Coverage 28 7.4 Temporary Structures 28 7.5 Restrictions on Garbage and Trash 28 7.6 Nuisances 29 -iii- MID 11111 1111111 IIIII III 111111 /111 III Mill liii 2775415 00/19/2000 11:31A JA Suki Tsukamoto 5 of 71 R 355.00 D 0.00 Weld County CO 7.7 No Annoying Lights, Sounds or Odors 29 7.8 No Hazardous Activities 29 7.9 No Unsightliness 29 7.10 Utilities 29 7.11 Restrictions on Signs and Advertising Devices 30 7.12 Compliance with Insurance Requirements 30 7.13 Compliance with Laws 30 7.14 Restoration in the Event of Damage or Destruction 30 7.15 Household Pets 30 7.16 Vehicular Parking, Storage and Maintenance 31 7.17 Owner Caused Damages 32 7.18 Exterior Equipment Prohibition 32 7.19 Antennas and Satellite Dishes 32 7.20 Lease of a Dwelling Unit 32 7.21 Fences and Other Exterior Improvements 33 7.22 Rules 33 7.23 Waiver of Summary Abatement 33 7.24 Use of Lighthouse Cove Lake 34 7.24 Idaho Creek and Lake 34 7.25 Exemptions for the Declarant 34 ARTICLE EIGHT: EASEMENTS 35 8.1 Utility Easements 35 8.2 Easements for the Board of Directors 35 8.3 Emergency Easements 35 8.4 Recording Data Regarding Easements 35 8.5 Easements Deemed Appurtenant 35 ARTICLE NINE: INSURANCE 36 9.1 Authority to Purchase/General Requirements 36 9.2 Hazard Insurance 37 9.3 Liability Insurance 38 9.4 Fidelity Insurance 39 9.5 Additional Insurance 39 9.6 Payment of Insurance Premiums 40 9.7 Separate Insurance 40 9.8 Condemnation 40 ARTICLE TEN: RESTORATION UPON DAMAGE OR DESTRUCTION 41 10.1 Duty to Restore 41 10.2 Use of Insurance Proceeds 41 -iv- INIMM ARTICLE ELEVEN: MAINTENANCE, REPAIR AND RECONSTRUCTION 412 11.= o ] Maintenance of the Common Areas 42 m o 11.2 Maintenance of the Lots and/or Dwelling Units 42 ee " 11.3 Maintenance of Drainage Pattern 42 �Y= 11.4 Association Responsibility 42 n 11.5 Board of Directors Access 43 ETZ:C2 a, ittim-a3 ARTICLE TWELVE: EXPANSION 44 a-T c 12.1 Reservation of Right to Expand 44 memo 0 12.2. Supplemental Declarations 44 - o 12.3 Expansion of Definitions 44 alai o c, 12.4 Declaration Operative on New Properties 44 °C 12.5 Interests on Enlargement 44 mem =e^ 12.6 Taxes, Assessments and Other Liens 45 er 0 12.7 Project Treated as a Whole 45 __.O.. 12.8 Termination of the Right of Expansion 45 ARTICLE THIRTEEN: DEVELOPMENT RIGHTS AND SPECIAL DECLARANT RIGHTS 46 13.1 Reservation 46 13.2 Rights Transferable 46 13.3 Limitations 46 13.4 Interference with Declarant Rights 47 13.5 Use by Declarant 47 13.6 Models, Sales Offices and Management Offices 47 13.7 Declarant's Easements 47 13.8 Participating Builder's Easements 47 13.9 Signs and Marketing 47 13.10 Use by Declarant of Lighthouse Cove lake 47 ARTICLE FOURTEEN: FIRST MORTGAGEE PROVISIONS 48 14.1 Notices of Action 48 14.2 Amendment to Documents/Special Approvals 48 14.3 Special FHLMC Provisions 50 14.4 Implied Approval 50 14.5 Books and Records 50 ARTICLE FIFTEEN: MANDATORY DISPUTE RESOLUTION 51 15.1 Statement of Clarification 51 15.2 Alternative Method for Resolving Disputes 51 15.3 Claims 51 15.4 Notice of Claim 52 15.5 Timely Initiation 52 -v- 15.6 Right To Be Heard 52 .. 15.7 Right to Inspect 52 _ e 15.8 Mediation 53 =2 0 15.9 Consensus for Association Arbitration or Litigation 54 15.10 Arbitration 54 x = 15.11 Binding Effect 55 y U 15.12 Amendment 55 ate 'a tee 3 ARTICLE SIXTEEN: DURATION, AMENDMENT AND TERMINATION OF THE DECLARATION 56 a 0 16.1 Duration 56 as cm n 16.2 Amendments by Owners 56 o� 16.3 FHA/VA Approval 56 aal,.. 16.4 Consent of Eligible Mortgagees 57 & 16.5 Termination 57 Cl n ARTICLE SEVENTEEN: GENERAL PROVISIONS 58 17.1 Right of Action 58 17.2 Successors and Assigns 58 17.3 Severability 58 17.4 No Waiver 58 17.5 Registration by Owner of Mailing Address 58 17.6 Conflict 58 17.7 Mergers 58 17.8 Captions 59 17.9 Numbers and Genders 59 EXHIBITS A LEGAL DESCRIPTION OF THE REAL PROPERTY SUBMITTED TC THE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF LIGHTHOUSE COVE (FIRST PHASE) B LEGAL DESCRIPTION OF THE COMMON AREAS SUBMITTED TO THE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF LIGHTHOUSE COVE (FIRST PHASE) C LEGAL DESCRIPTION OF THE REAL PROPERTY WHICH MAY BE SUBMITTED TO THE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF LIGHTHOUSE COVE IN LATER PHASES D THE RECORDING DATA FOR RECORDED EASEMENTS AND LICENSES WHICH THE; PLANNED COMMUNITY IS OR MAY BECOME SUBJECT TO E ARBITRATION PROCEDURES -vi- IIIN 11111111111111111111111111111111III IIIII11111111 2775415 06/19/2000 11:31A JA Suki Tsukamoto 8 of 71 R 355.00 D 0.00 Weld County CO THE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF LIGHTHOUSE COVE PREAMBLE THIS DECLARATION is made on the date hereinafter set forth, by LIGHTHOUSE COVE LIMITED LIABILITY COMPANY,a Colorado Limited Liability Company("Declarant"). WHEREAS, Declarant is the owner of certain real property located in Weld County, Colorado, as more particularly described on the attached Exhibits A, B and C ("Properrty"); and WHEREAS, the Declarant intends to create a residential community on the Property together with other improvements thereon; and WHEREAS, Declarant will convey the said Property, subject to the protective covenants, conditions and restrictions, as hereinafter set forth. NOW THEREFORE, Declarant hereby submits the real property described on Exhibits A and B, together with all rights, and appurtenances thereto and improvements thereon to the provisions of the Colorado Common Interest Ownership Act, as it may be amended from 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. Declarant hereby declares that all of the said real property described on said Exhibits A and B shall be held and conveyed subject to the following covenants, conditions and restrictions, all of which are declared and agreed to be for the protection of the value of the said real property, and for the benefit of any persons having any right, title or interest in the said real property. Said covenants, conditions and restrictions shall be deemed to run with the land and shall be a burden arid a benefit to any persons acquiring such interest, their grantees, heirs, legal representatives, successors and assigns. Copyright © 2000 By William A. Love All Rights Reserved 1111114441111111111111411131 1111 2775415 06/19/2000 11:31A JA Suki Tsukamoto 9 of 71 R 355.00 D 0.00 Weld County CO ARTICLE ONE: DEFINITIONS As used in this Declaration, unless the context otherwise requires, the terms hereinafter set forth shall have the following meanings: 1.1 ACT means the Colorado Common Interest Ownership Act, C.R.S. §§ 38-33.3-101, et as it may be amended from time to time. 1.2 AGENCIES means and collectively refers to the Federal National Mortgage Association (FNMA), the Federal Home Loan Mortgage Corporation (FHLMC), the Department of Housing and Urban Development (HUD/FHA), the Veterans Administration (VA) or any other governmental or quasi-governmental agency or any other public, quasi-public or private entity which performs (or may in the future perform) functions similar to those currently performed by arty of such entities. 1.3 ALLOCATED INTERESTS means the Votes in the Association and the Common Expense Assessment Liability which are allocated to each of the Lots in the Planned Community. The formulas used to establish the Allocated Interests are as follows: (a) Votes. The Owners of each Lot in the Planned Community shall be entitled to one vote for each Lot owned. (b) Common Expense Assessment Liability. The Common Expense Assessment is levied upon all Lots on the basis of a fraction, the numerator of which is one and the denominator of which is the total number of Lots then within the Planned Community. In the event that the Declarant exercises its right to enlarge this Planned Community in Phases by submitting to the Planned Community additional real property in accordance with ARTICLE TWELVE hereof, the Common Expense Assessment Liability set forth above will be reallocated by the Declarant in accordance with the above. 1.4 ARTICLES means the Articles of Incorporation of the Association. 1.5 ASSESSMENTS mean the (a) Common Expense Assessments, (b) Special Assessments. (c) Individual Assessments, and (d) Fines levied pursuant to this Declaration. 1.6 ASSESSMENT LIEN means the statutory lien on a Lot for any Assessment levied against that Lot together with all Costs of Enforcement as herein defined. All Costs of Enforcement are enforceable as Assessments. If an Assessment is payable in installments, the full amount of the Assessment is a lien from the time the first installment becomes due. 2-- 111111111111111111111111111111111111111III 111111 III IIII 2775415 06/19/2000 11:31A JA Suki Tsukamoto 10 of 71 R 355.00 D 0.00 Weld County CO 1.7 ASSOCIATION means THE LIGHTHOUSE COVE HOMEOWNERS ASSOCIATION, a Colorado Corporation, not for profit, its successors and assigns. The Articles of Incorporation arid Bylaws, along with this Declaration, shall govern the administration of the Planned Community, the Members of which shall be all of the Owners of the Lots within the Planned Community. 1.8 BOARD OF DIRECTORS or BOARD means the Board of Directors of the Association duly elected pursuant to the Bylaws of the Association or appointed by the Declarant as therein provided. The Board of Directors is the governing body of the Association and shall act on behalf of the Association. The term Board of Directors as used herein is synonymous with the term Executive Board as the latter term is used in the Act. 1.9 BYLAWS means the Bylaws which are adopted by the Board of Directors for the regulation and management of the Association. 1. 10 COMMON AREAS means any real property (including all improvements thereon) owned by the Association, all of which is held for the common use and enjoyment of the Owners, the descriptions of which are more fully described in Exhibit B attached hereto. The term Common Areas as used herein is synonymous with the term Common Areas as the latter term is used in the Act. 1.11 COMMON EXPENSE ASSESSMENTS means the funds required to be paid by each Owner in payment of such Owner's Common Expense Liability as more fully defined in Paragraph 5.2 hereof. 1 12 COMMON EXPENSE ASSESSMENT LIABILITY means the funds required to be paid by each Owner in payment of such Owner's Common Expense Liability as more fully defined in Paragraph 5.2 hereof. 1 13 COMMON EXPENSES means expenditures made by or liabilities incurred by or on behalf o: the Association, together with allocations to reserves. 1 14 COSTS OF ENFORCEMENT means all fees, late charges, interest, expenses, including receiver's fees, and reasonable attorneys' fees and costs incurred by the Association (a) in connection with the collection of the Assessments and Fines, or (b) in connection with the enforcement of the terms, conditions and obligations of the Project Documents. 1.15 COUNTY means Weld County, Colorado. 3— 1 111111111111111111111 IIII 11111111111 III111111 III lilt 2'775415 06/19/2000 11:31A JA Suki Tsukamoto 11 of 71 Fl 355.00 D 0.00 Weld County CO 1.16 DECLARANT means the LIGHTHOUSE COVE LIMITED LIABILITY COMPANY, a Colorado Limited Liability Company, or its successors and assigns. A Person shall be deemed a "successor and assign" of the Declarant only if specifically designated in a duly recorded instrument as a successor or assign of the Declarant under this Declaration, and shall be deemed a successor and assign of Declarant only as to the particular rights or interests of the Declarant under this Declaration which are specifically designated in the written instrument. 1.17 DECLARATION means this Declaration, the Plat and any supplements and amendments thereto recorded in the Office of the County Clerk and Recorder. 1.18 DESIGN REVIEW COMMITTEE("Committee") means the Committee formed pursuant to ARTICLE SIX hereof to review and approve or disapprove plans for Improvements as defined herein as more fully provided for by this Declaration. 1.19 DESIGN REVIEW GUIDELINES means the LIGHTHOUSE COVE RESIDENTIAL ARCHITECTURAL GUIDELINES, as amended and supplemented. These guidelines may be adopted by the Design Review Committee to implement and interpret the Design Review/Architectural Approval provisions of ARTICLE SIX of this Declaration. These guidelines may contain, among other things, guidelines that will clarify or specify the design, materials, heights, size of structures and the maximum and minimum setbacks that will be considered in Design Approval and are available at the office of the Association. 1.20 DEVELOPMENT RIGHTS AND SPECIAL DECLARANT RIGHTS means the rights as defined by §§ 38-33.3-103(14) and (29) of the Act reserved by the Declarant under ARTICLE THIRTEEN hereof. 1.21 DWELLING UNIT OR UNIT means the residence constructed on each Lot within the Planned Community and any replacement thereof. Dwelling Unit shall include the Lot upon which such Dwelling Unit is constructed. 1.22 ELIGIBLE MORTGAGEE means a holder, insurer or guarantor of a First Security :interest who has delivered a written request to the Association containing its name, address, the legal description and the address of the Lot encumbered by its First Security Interest, requesting that the Association notify them on any proposed action requiring the consent of the specified percentage of Eligible Mortgagees. 1.23 FIRST MORTGAGEE means any Person which owns, holds, insures or is a guarantor of a Security Interest as herein defined, which is a First Security Interest encumbering a Lot within the Planned Community. A First Mortgagee shall also include the holder of executory lard sales contracts wherein the Administrator of Veterans Affairs (Veterans Administration) is the Seller, whether such contract is recorded or not. 4— 111111 11111 1111111 11111111431 NE III 111111 III 1111 2775415 06/19/2000 11:31A JA Suki Tsukamoto 12 of 71 R 355.00 D 0.00 Weld County CO 1.24 FIRST SECURITY INTEREST means a Security Interest (as hereinafter defined) that has priority of record over all other recorded liens except those liens made superior by statute (such as general ad valorem tax liens and special assessments). 1.25 GUEST means (a) any person who resides with an Owner within the Planned Community; (b) a guest or invitee of an Owner when accompanied by an Owner; (c) an occupant or tenant of a Dwelling Unit within the Planned Community, and any members of his or her household, inv itee or cohabitant of any such person; or (d) a contract purchaser. 1.26 IMPACTED OWNER means an Owner who would reasonably be affected by any proposed Improvement, excluding the Owner making the proposal to the Committee. Impacted Owners are identified by the Design Review Committee and take into account the physical proximity of their Lots to the proposed Improvement and as well as other factors deemed pertinent by the Committee. 1.27 IMPROVEMENTS means: (a) all of the following exterior improvements, structures and any appurtenances thereto or components thereof: buildings, outbuildings, hot tubs, swimming pools, tennis courts, solar collectors, antennas, painting or other finish materials on any visible structure, additions, garages, driveways, fences, screening walls, retaining walls, stairs, decks, windbreaks, exterior light fixtures, poles, signs, cooling, heating and water softening equipment; and (b) any change, alteration, modification, expansion or addition to any previously approved Improvement, including any change of exterior appearance, finish material, color or texture; (c) the demolition, removal or destruction, by voluntary action, of any building, structure or other Improvements; (d) the grading, excavation, filling or similar disturbance to the surface of the land including, without limitation, change of grade, change of ground level, change of drainage pattern. However, grading, filling, etc., associated with landscaping is not restricted unless, in the judgment of the Committee, it adversely affects the flow of surface water to or from adjacent lots. 1.28 LIGHTHOUSE COVE WATER SKI CLUB RULES means the rules, as amended and supplemented, which govern the use of water skiing on the Lighthouse Cove Lake and the use of the Community Boat Dock and boat lift. A copy of said rules is at the office of the Association and available for review. 1 29 LOT means each platted lot shown upon the Plat of the Planned Community which is subject to this Declaration, together with all appurtenances and improvements now or hereafter located thereon. 5— 1I11111I1911II1111111111 till111111 IBM 111111III IIII 13 71 R 355.00 D 7ot 019/2000 10 00 Weld CountyCo1:31A JA C oto "Lot" shall include any Dwelling Unit constructed thereon as the term "Dwelling is herein defined. The term Lot as used herein is synonymous with the term Unit as the latter term is used in the Act. 1.30 LOTS THAT MAY BE CREATED means eighteen Lots, which shall be the maximum number of Lots that may be subject to this Declaration, including those Lots which nay be included if all of the property provided for the attached in Exhibit C is annexed to the Planned Community and made subject to this Declaration. 1.31 MANAGING AGENT means any one or more Persons employed by the Association who is engaged to perform any of the duties, powers or functions of the Association. 1.32 MEMBER means each Owner, as defined in Paragraph 1.34 hereof. 1.33 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. 1.34 OWNER means the record Owner of the fee simple title to any Lot which is subject to this Declaration. 1.35 PARTICIPATING BUILDER means and refers to a Person or Persons other than the Declarant who acquires a portion of the Planned Community for purposes of improving such Lots in accordance with any development plans for resale to third party purchasers, and who is designated by the Declarant as such by an instrument duly recorded in the Office of the County Clerk and Recorder. 1.36 PERIOD OF DECLARANT CONTROL means that period of time as defined in Paragraph 4.7 hereof. 1.37 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 c:apahle of owning real property under Colorado law. 1.38 PLANNED COMMUNITY means such real property and the improvements located thereon as more fully described on Exhibits A and B attached hereto. 1 .39 PLAT means the final plat of the Planned Community recorded in the records of the County Clerk and Recorder. 1.40 PROJECT DOCUMENTS means this Declaration, the Plat, the Articles of Incorporation and Bylaws of the Association, the Design Review Guidelines, and the Rules and Regulations of the Association, if any, as they may be amended from time to time. 6— 11111111111111111111111 IIII 11111111111 III 111111 III 1111 2775415 06/19/2000 11:31A JA Suki Tsukamoto '14 of 71 R 355.00 I) 0.00 Weld County C0 1. 31 RULES means the Rules and Regulations adopted by the Board of Directors for the regulation and management of the Planned Community as amended from time to time_ 1.12 SECURITY INTEREST means an interest in real estate or personal property created by contract which secures payment of an obligation. The term includes a lien created by a deed of trust, contract for deed, land sales contract and UCC-1. 1.13 SPECIAL ASSESSMENT means those Assessments defined in Paragraph 5.4(d) hereof 1.44 SUPPLEMENTAL DECLARATION means a written instrument containing covenants, conditions and restrictions which is recorded, annexing in accordance with ARTICLE TWELVE hereof, a portion of the real property described on Exhibit C hereof to the Planned Community. 1. 15 TURNOVER DATE means the date the Period of Declarant Control terminates as rnore fully se. forth in Paragraph 4.7 hereof. 1.46 VA AND/OR FHA APPROVAL means that the Planned Community has been or may he approved by the Veterans Administration and/or the Federal Housing Administration so that such agencies will insure or guarantee loans made upon the Lots within the Planned Community. In the event additional real property is made subject to this Declaration in the manner provided for in ARTICLE TWELVE hereof, certain terms defined above shall be expanded to encompass said property from the date such additional real property is made subject to his Declaration 7— 111111111111111111111111 IIII 11111111111 III 111111 III IIII 2775415 06/19/2000 11:31A JA Suki Tsukamoto 15 of 71 R 355.00 D 0.00 Weld County CO ARTICLE TWO: SCOPE OF THE DECLARATION 2.1 Property Subject to this Declaration. Declarant, as the Owner of fee simple title to the Planned Community, by recording this Declaration does hereby subject the Planned Community to the provisions of this Declaration. 2.2 Conveyances Subject to this Declaration. All covenants, conditions and restrictions which are granted or created by this Declaration shall be deemed to be covenants appurtenant to and running with the land, and shall at all times inure to the benefit of and be binding on any person having any interest in the Planned Community,their respective heirs, successors,personal representatives or assigns. Any instrument recorded subsequent to this Declaration and purporting to establish and effect any interest in the Planned Community shall be subject to the provisions of this Declaration despite any failure to make reference thereto. 2.3 Owner's Rights Subject to this Declaration. Each Owner shall own his or her Lo: in fee simple and shall have full and complete dominion thereof, subject to the provisions of this Declaration. 2.4 First Phase, Number of Lots. The number of Lots within the First Phase of the Planned Community is ten. The Declarant reserves the right but not the obligation to create additional Lots by the expansion of the Planned Community in accordance with ARTICLE TWELVE hereof. 2.5 Identification of Lots. The identification number of each Lot is shown on the Pla: of the Planned Community. 2.6 Lot Boundaries. The boundaries of each Lot are located as shown on the Plat of the Planned Community. 8— HUN 11111 HUD MDT 111111 NEVI 111111IIIVIII 2775415 06/19/2000 11:31A JA Suki Tsukamoto 16 of 71 R 355.00 D 0.00 Weld County C0 ARTICLE THREE: COMMON AREAS 3.1 Common Areas Dedication. The Declarant, in recording the Plat of the Planned Community in the records of the County Clerk and Recorder, has designated certain areas of the. Planned Community as Common Areas, more fully described on the attached Exhibit B. The Common Areas are not dedicated for use by the general public, but are dedicated to the common use and enjoyment of only the Owners of Lots located within the Planned Community and such Owner's Guests, as more fully provided for in this Declaration. Said Plat is hereby incorporated herein and made a part of this Declaration. 3.2 Title to the Common Areas. The Declarant hereby covenants that it will convey to the Association fee simple title to the Common Areas free and clear of all liens and encumbrances prior to the conveyance of the first Lot within the Planned Community to an Owner other than Declarant or Participating Builder. 3.3 Duty to Accept the Common Areas Transferred by Declarant. The Association shall accept title to said Common Areas and agrees to own and maintain any property, including all improvements located thereon, and personal property relating thereto, transferred to the Association by Declarant as Common Areas. Any property or interest in property transferred to the Association by Declarant shall be transferred to the Association free and clear of all liens and monetary encumbrances (other than the lien of real estate taxes not then due and payable)subject to covenants, easements and restrictions of record. 3.4 Duty to Manage and Care for the Common Areas. The Association shall manage, operate, care for, insure, maintain, repair and reconstruct all of the Common Areas and the improvements located thereon and keep the same in a safe, attractive and desirable condition for the use and enjoyment of all of the Owners. 3.5 Owner's Rights in the Common Areas. Every Owner and such Owner's Guests shall have the right and easement of use and enjoyment in and to the Common Areas, which shall be appurtenant to and shall pass with the title of the Lot to such Owner, subject to the Development Rights and Special Declarant Rights of the Declarant reserved herein and the following rights of the Board of Directors: (a) To borrow money to improve the Common Areas and to mortgage said Common Areas as security for any such loan; provided, however, that the Association may not subect any portion of the Common Areas to a security interest unless such is approved by Owners to which at least sixty-seven percent of the votes in the Association are allocated, including sixty-seven percent of the votes allocated to Lots not owned by the Declarant as more fully set forth in §38- 33.3-312 of the Act. (b) To convey or dedicate all or any part of the Common Areas for such purpcses and subject to such conditions as may be agreed to by the Owners to which at least sixty-seven percent 9-- 1111111 IIUI 111111111111 IIII 11111111111 III 111111 III IIII 2775415 06/19/2000 11:31A JA Suki Tsukamoto 17 of 71 R 355.00 0 0.00 Weld County CO of the votes in the Association are allocated, including sixty-seven percent of the votes allocated to Lots not owned by the Declarant as more fully set forth in §38-33.3-312 of the Act. The granting of permits, licenses and easements shall not be deemed a conveyance or encumbrance within the meaning of this Paragraph as more fully set forth in §38-33.3-312 of the Act. (c) To promulgate and adopt Rules and Regulations with which each Owner and their Guests shall strictly comply. (d) To suspend the voting rights of a Owner for any period during which any Assessment remains unpaid and, for a period not to exceed sixty days, for any infraction of the Declaration. Bylaws or Rules and Regulations. (e) To take such steps as are reasonably necessary to protect the Common Areas against foreclosure. (0 To enter into,make,perform or enforce any contracts, leases,agreements, licenses, easements and rights-of-way, for the use of Common Areas by Owners and Guests for any purpose the Board may deem to be useful, beneficial or otherwise appropriate. (g) To close or limit the use of the Common Areas temporarily while maim aining, repairing and making replacements in the Common Areas, or permanently subject to Plat requirements if approved by Owners to which at least sixty-seven percent of the vote; in the Association are allocated. (h) To make such use of the Common Areas as may be necessary or appropriate for the performance of the duties and functions which it is obligated or permitted to perform under this Declaration. (i) The rights granted to the Board of Directors in Paragraph 4.13 hereof. 3.6 Delegation of Use. Any Owner may delegate his or her right of enjoyment to the Common Areas and facilities to their Guests. 10— 11111111111111111111111 III! 11111111111 III 111111 III IIII 2775415 06119/2000 11:31A JA Suki Tsukamoto 10 of 71 R 355.00 D 0.00 Weld County CO ARTICLE FOUR: THE ASSOCIATION 4.1 Name. The name of the Association is THE LIGHTHOUSE COVE HOMEOWNERS ASSOCIATION, and it is a Planned Community. 4.2 Purposes and Powers. The Association, through its Board of Directors, shall perform functions and manage the Planned Community as provided in this Declaration so as to further the interests of the residents of the Planned Community and Members of the Association. 4.3 Board of Directors. The affairs of the Association shall be managed by a Board of Directors which may by resolution delegate authority to a Managing Agent for the Association as more 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 Lot subjed to this Declaration. Membership shall be appurtenant to and may not be separated from ownership of any Lot. Where more than one person holds interest in any Lot, all such persons shall be M embers. 4.6 Voting Rights. The Association shall have one class of voting membership. Owners shall be entitled to one vote for each Lot owned; provided, however, in any election of Directors, each Owner shall have the number of votes equal to the number of Directors to be elected. The vote for such Lot, the ownership of which is held by more than one Owner, may be exercised by any one of them unless an objection or protest by any other holder of an interest of the Lot is made prior to the completion of the vote, in which case the vote for such Lot shall be exercised as the persons holding such interest shall determine between themselves. Should the joint owners of a Lot be unable, within a reasonable time, to agree upon how they will vote any issue, they shall be passed over and their right to vote on such issue shall be lost. 4.7 Period of Declarant Control. Subject to provisions of Paragraph 4.8 hereof, there is a 'Period of Declarant Control" during which Period the Declarant may appoint and remove any officer of the Association or any member of the Board of Directors. The Period of Declarant Control is a length of time expiring seven years after the filing of the Articles of Incorporation of the Association; provided, however, the Period of Declarant Control in any event terminates no later than either (a) sixty days after conveyance of seventy-five percent of the Lots That May Be Created to Owners other than the Declarant or Participating Builder; (b) two years after the last conveyance of a Lot by the Declarant in the ordinary course of business to Owners otter than 11-- HID 111111111111 IIIII Iili 111111 IIIII III IIIIII III O 2775415 06!19/2000 11:31A JA Suki Tsukamoto 19 of 71 R 355.00 D 0.00 Weld County CO Declarant or Participating Builder; or (c) two years after any right to add new Lots was last exercised. A Declarant may voluntarily surrender the right to appoint and remove officers and members of the Board of Directors before termination of the Period of Declarant Control. In that event, the Declarant may require, for the duration of the Period of Declarant Control, that specified actions of the Board of Directors, as described in a recorded instrument executed by the Declarant, be approved by the Declarant before they become effective. 4.8 Election by Owners. Not later than sixty days after conveyance of twenty-five percent of the Lots That May Be Created to Owners other than Declarant or Participating Builder, at least one member arid riot less than twenty-five percent of the members of the Board of Directors must be elected by Owners other than the Declarant or Participating Builder. Not later than sixty days after conveyance of fifty percent of the Lots That May Be Created to Owners other than Declarant or Participating Builder, not less than thirty-three and one-third percent of the members of the Board of Directors must be elected by Owners other than the Declarant or Participating Builder. Not later than the termination of the Period of Declarant Control as set forth in Paragraph 4.7 hereof, the Owners shall elect a Board of Directors consisting of three members, a majority of whom must be Owners other than the Declarant. The Board of Directors shall elect the officers of the Association. The Owners' Board of Directors shall take office upon termination of the Period of Declarant Control upon election. 4.9 Delivery of Documents by Declarant. Within sixty days after the Owners other tnan the Declarant elect a majority of the members of the Board of Directors, the Declarant shall deliver without charge to the Board of Directors all property of the Owners and of the Association relating to the Planned Community held by or controlled by the Declarant, including, without limitation, the following items: (a) The original or a certified copy of the recorded Declaration, with all amendments and supplements thereto, the Association's Article of Incorporation, together with a Certificate of Good Standing, Bylaws, minute books, other books and records, to include all income tax returns fired, and any Rules and Regulations which may have been promulgated; (b) An accounting for Association funds and financial statements from the date the Association received funds and ending on the date the Period of Declarant Control ends in accordance with §38-33.3-303(9)(b) of the Act; (c) The Association funds or control thereof; 12-- " IMF 111111111111 �� 11111111111 �� 1111 2775415 06/19/2000 11:31A JA Suki Tsukamoto 20 of 71 R 355.00 D 0.00 Weld County CO (d) All of the tangible personal property that has been represented by the Declarant to be the property of the Association and has been used exclusively in the operation and enjoyment of the Common Areas; a copy of any plans and specifications used in the construction of any improvements in the Common Areas; and an inventory of these properties; (e) All insurance policies then in force in which the Owners, the Association, or its directors and officers are named as insured persons; (f) Any permits issued by governmental bodies applicable to the Planned Conmunity and which are currently in force or which were issued within one year prior to the date on which Owners other than the Declarant took control of the Association; (g) Written warranties of the contractor, subcontractors, suppliers and manufacturers that are still effective; (h) A roster of Owners and Eligible Mortgagees and their addresses and telephone numbers, if known, as shown on the Declarant's records; (i) Employment contracts in which the Association is a contracting party; (j) Any service contract in which the Association is a contracting party or in which the Association of the Owners have any obligation to pay a fee to the persons performing the services; (k) recorded warranty deed conveying the Common Areas to the Association and (1) title commitment insuring the association showing clear title in the Association. 4.10 Budget.. (a) In accordance with § 38-33.3-303 of the Act, the Board of Directors shall cause to be prepared, at least sixty days prior to the commencement of each calendar year, a Budget for such calendar year. Within thirty days after the adoption of any Budget by the Board, the Board shall mail, by ordinary first-class mail, or otherwise deliver, a summary of the Budget to each Owner and shall set a date for a meeting of the Owners to consider ratification of the Budget not less 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 vote; in the Association are allocated reject the Budget, the Budget shall be deemed ratified whether or not a quorum is present. In the event the Budget is rejected, the Budget last ratified by the Owners must be continued until such time as the Owners ratify a subsequent budget adopted by the Board of Directors. (b) If the Board of Directors deems it necessary or advisable to amend a Budget that has been ratified by the Owners pursuant to Paragraph 4.10(a) above, the Board may adopt a proposed amendment to the Budget, deliver a summary of the proposed amendment to all Owners 13— 1 111111 11111 1111111 11111 IIII IIIIII 11111 III 11111II 111111 2775415 06/19/2000 11:31A JA Suki Tsukamoto 21 of 71 R 355.00 0 0.00 Weld County CO 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. 4.11 Association Agreements. Any agreement for professional management of the Planned Community or any contract providing for services of the Declarant, may not exceed one year. Any such agreement must provide for termination by either party without cause and without payment of a termination fee or penalty upon thirty days' written notice. The Association shall not be bound either directly or indirectly to contracts or leases (including management contracts) entered into during the Period of Declarant Control unless the Association is provided with a right of termination of any such contract or lease without cause, which is exercisable without penalty at any time after such conversion upon not more than thirty days' notice to the other party thereto. 4.12 Indemnification. Each Officer, Director and committee member of the Association shall be indemnified by the Association against all expenses and liabilities including attorney fees, reasonably incurred by or imposed upon him or her in any proceeding to which he or she may be a party, or in which he or she may become involved, by reason of his or her being or having been ar::Officer, Director or committee member of the Association, or any settlements thereof, whether or not he or she is an Officer, Director or committee member of the Association at the time such expenses are incurred, to the full extent permitted by Colorado law. 4.13 Certain Rights and Obligations of the Association. (a) Contracts, Easements and Other Agreements: The Board of Directors shall have the right to enter into, grant, perform, enforce, cancel and vacate: contracts, easements(other than those created by the PUD and the Plat), licenses, leases, agreements, and/or rights-of-way, for the use by Owners, their Guests, and other persons, concerning the Common Areas. Any of such contracts, licenses, leases, agreements, easements and/or rights-of-way, shall be upon such terms and conditions as may be agreed to from time to time by the Board of Directors, without the necessity of the consent thereto, or joinder therein, by the Owners or First Mortgagees. (b) Other Association Functions: The Association may undertake any activity, function or service for the benefit of or to further the interests of all, some or any Members on a self- supporting, Special Assessment or Common Expense Assessment basis. (c) Implied Rights: The Board of Directors shall have and may exercise any right or privilege given to it expressly by this Declaration, or reasonably to be implied from the provisions 14— 1 Inn IIIIII111111111111111111111 III 111111! II IIII V75415 06/19/2000 11:31A JA Suki Tsukamoto 22 of 71 R 355.00 D 0.00 Weld County CO of this Declaration, or given or implied by law, or which may be necessary or desirable to fulfill its duties, obligations, rights or privileges. 4. 14 Certain Rights and Obligations of the Declarant and/or Participating Builder. So long as there are unsold Lots within the Planned Community owned by the Declarant or Participating Builder, the Declarant and Participating Builder shall enjoy the same rights and assumes the same duties as they relate to each individual unsold Lot. 4. 15 Lighthouse Cove Water Ski Club. Each Owner shall be entitled to membership in the Lighthouse Cove Water Ski Club upon payment of an annual membership fee. Said fee is to cover the cost of the maintenance of the slalom course, community boat dock, boat lift and other improvements to the ski facility. The Ski Club will be governed by a committee appointed by the Board of Directors, a majority of which must be Ski Club members, who shall serve staggered three year terma. The initial appointments shall be for one, two and three year terms. Thereafter, each annual appointment shall be for a three year term. Each member agrees to abide by the Lighthouse Cove Water Ski Club Rules, copies of which are available for review at the Association office. 15— 111tHI 1►1111 ►►11►►111111 S 11111111111 MIS II 1111 2775415 06/19/2000 11:31A JA Suki Tsukamoto 23 of TI R 355.00 D 0.00 Weld County CO ARTICLE FIVE: ASSESSMENTS 5.1 Obligation. Each Owner, including Declarant, by acceptance of a deed therefor, whether or not it shall be so expressed in such deed, covenants and agrees and shall be personally obligated to pay to the Association (a) Common Expense Assessments, (b) Special Assessments, (c) Fines, (d) Individual Assessments, and (e) Costs of Enforcement, which shall be a continuing lien upon the Lot against which each such Assessment is levied. The obligation for such payments by each Owner to the Association is an independent personal covenant with all amounts due, from time to time, payable in full when due without notice or demand and without setoff or deduction. All Owners of each Lot shall be jointly and personally liable to the Association for the payment of all Assessments and Costs of Enforcement attributable to their Lot. The personal obligation for delinquent assessments shall not pass to such Owner's successors in title unless expressly assumed by them. The omission or failure of the Board of Directors to levy Assessments for any period shall not be deemed a waiver, modification or a release of the Owners from their obligation to pay. No Owner may waive or otherwise escape liability for the Common Expense Assessment provided for herein by the non-use of the Common Areas or the abandonment of his or her Lot. 5.2 Purpose of the Common Expense Assessments. The Common Expense Assessment levied by the Association upon all Owners shall be used exclusively for the purpose of (a) promoting the health, safety and welfare of the residents of the Planned Community and the Member, of the Association.. (b) providing for the improvements, repair, maintenance and reconstruction for the Common Areas; (c) hazard insurance insuring any insurable improvements upon the C•mmnon Areas, and liability insurance covering incidents occurring on the Common Areas, and id) satisfying any other purpose, reasonable, necessary or incidental to such purposes. Such assessments shall include the establishment and maintenance of a Reserve. Fund for those items which the Association has an on going duty to repair, maintain or reconstruct on a periodic basis, provided, however, that such assessments levied during the Period of Declarant Control may not be used for the purposes of constructing capital improvements. 5.3 Date of Commencement of the Assessments. The Common Expense Assessment shall commence as to all Lots no later than sixty days after the first Lot is conveyed to an Owner other than the Declarant or Participating Builder. Until the commencement of the collection of the Common Expense Assessments, the Declarant and Participating Builder shall pay all of the expenses incurred and paid for by the Association on a pro rata basis based on the number of Lots owned by each within the Planned Community. 16— 1111111 HIED 11111 IIII 111111 IIIII III 1111111 II IIII 2775415 06/19/2000 11:31A JA Suki Tsukamoto 24 of 71 R 355.00 D 0.00 Weld County CO 5.4 Levy of Assessments. (a) Common Expense Assessments. Common Expense Assessments shall be levied on all Lots based upon a budget of the Association's cash requirements. The Common Expense Assessment shall be allocated among the Lots in accordance with that Lot's Common Expense Assessment Liability as set forth in Paragraph 1.3 hereof. To the extent that any Common Expenses or a portion thereof benefit fewer than ail of the Unit Owners, such expenses may be assessed exclusively against the Lots benefitted as provided in C.R.S. § 38-33.3-315(c)(b) of the Act. (b) Individual Assessments. The Board of Directors shall have the right to individually levy upon any Owner or Owners amounts as provided for by this Declaration, to include but not be limited to, charges levied under Paragraphs 6.16, 7.5, 7.14, 7.15, 7.16, 7.17, 9.2, 9.6, 10 2, 1]..1, 11.2 and 11.4 hereof. No Individual Assessment shall be levied until the Owner or Owners to be charged have been given a Notice and Hearing as provided for in the Bylaws of the Association. Individual Assessments shall be collected as part of the Costs of Enforcement. Individual Assessments may be levied at any time as required and are exempt from any voting requirements by the membership required by other assessments called for under the Declaration. (c) Fines. The Board of Directors of the Association shall have the right to levy a Fine against an Owner or Owners for each violation of this Declaration, the Bylaws, the Articles and the Rules and Regulations of the Association. No such Fine shall be levied until the Owner or Owners to be charged have been given a Notice and Hearing as provided for in the Bylaws of the Association. Fines may be levied in a reasonable amount as determined from time to time by the Board of Directors in its discretion and uniformly applied. Fines shall be collected as part of the Costs of Enforcement. Fines may be levied at any time as required and are exempt from any voting requirements by the membership required for other assessments called for under the Declaration. (d) Special Assessments. In addition to the other Assessments authorized herein, the Board of Directors, subject to the requirements set forth below, may levy a Special Assessment for the purpose of defraying, in whole or in part, any unexpected expense to include bu, not be limited to, the cost of any construction, reconstruction, improvement, repair or replacement of a capital improvement upon the Common Areas, including fixtures and personal property -elating thereto, or for the funding of any operating deficit incurred by the Association provided that any such Assessment shall have the approval of Owners to whom at least sixty-seven percent of the votes in the Association are allocated, who are voting in person or by proxy at a meetiig duly called for this purpose. 17-- 1111111 11111 1111111 11111 IIII 11111111111 III 011111111111 2775415 06/19/2000 11:31A JA Suki Tsukamoto 25 of 71 R 355.00 D 0.00 Weld County CO Any such Special Assessment shall be levied against each Lot in accordance with that Lot's Common Expense Liability determined in accordance with Paragraph 1.3 hereof. Notwithstanding the foregoing, Special Assessments levied during the Period of Declarant Control may not be used for the purpose of constructing capital improvements. Written notice of any meeting called for the purpose of making a Special Assessment shall be sent to all Owners not less than fourteen days nor more than sixty days in advance of the meeting. At the first such meeting called, the presence of Owners or of proxies to whom at least sixty percent of the votes in the Association are allocated shall constitute a quorum. If the required quorum is not present, another meeting may be called subject to the same notice require- ment, and the required quorum at the subsequent meeting shall be one-half of the required quorum at the preceding meeting. No such subsequent meeting shall be held more than sixty days following the preceding meeting. If the Planned Community has been or may be approved by the Federal Housing Administration and/or Veterans Administration, then until the termination of the Period of Declarant Control all Special Assessments for capital improvements in addition to the approval of the Owners as required above will require the written consent of the Veterans Administration and/or the Federal Housing Administration. 5.5 Due Date. Fines and Individual Assessments shall be due and payable as established by the Board of Directors. All other Assessments shall be levied on an annual basis and shall be due and payable in installments, in advance, in such frequency as the Board of Directors determines in its discretion from time to time, provided that the initial assessments shall be adjusted to reflect: the time remaining in the first Association's fiscal year. Any Owner purchasing a Lot between annual due dates shall pay a prorated share. Written notice of all Assessments shall be sent to each Owner subject thereto specifying the type of Assessment, the amount and the date such Assessment is due. Mortgagees are not required to collect assessments. 5.6 Remedies for Nonpayment of Assessments. If any Assessment (to include Costs of 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; 18--- AEI III 1111111111111 2775415 06/19/2000 11:31A JA Suki Tsukamoto 26 of 71 li 355.00 0 0.00 Weld County CO (ii) bring an action at law against any Owner personally obligated to pay the Assessment and obtain a judgment for the amounts due; and (iii) proceed to foreclose its lien against the Lot pursuant to the power of sale granted to the Association by this Declaration in the manner and form provided by Colorado law for foreclosure of real estate mortgages 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. Failure to pay assessments does not constitute a default under an insured mortgage. 5.7 The Assessment Lien. The Association is hereby granted an Assessment Lien against each Lot for any Assessment levied by the Board of Directors and for Costs of Enforcemem; levied against such. Lot Owners when the Lot Owner fails to pay as required by the Declaration. All Costs of Enforcement incurred pursuant to this Declaration are enforceable as Assessments. If an Assessment is payable in installments, the full amount of the Assessment is a lien from the time the first installment thereof becomes due. The Association's lien on a Lot for Assessments shall be superior to all other liens and encumbrances on a Lot except the following: (a) liens and encumbrances recorded prior to the recording of this Declaratioi; and (b) liens for real estate taxes and any other governmental assessments or charges against the Lot; and (c) the lien of any loan evidenced by a first mortgage or deed of trust and any executory land sales contract wherein the Administrator of Veterans Affairs 0/eterans Administration) is seller, whether such contract is owned by the Veterans Administration or its assigns, and whether such contract is recorded or not, except to the extent the Act grants priority for Assessments to the Association. The Act does not affect the priority of mechanics' or materialmen's liens. Recording of the Declaration constitutes record notice and perfection of the lien. No further recordation of any claim of lien for Assessments under this Article is required. However, the Board of Directors may prepare, and record in the Office of the County Clerk and Recorder, a written notice setting forth the amount of the unpaid indebtedness, the name of the Owner of the Lot, and a description of the Lot. If a lien is filed, the cost thereof shall be considered a Cost of Enforcement. 19- I LI 11111 1111111 M IIII11111111111 III 1111111 111111 2775415 06/19/2000 11:31A JA Suki Tsukamoto 27 of 71 R 355.00 D 0.00 Weld County CO Sale or transfer of any Lot shall not affect the lien for said Assessments except that sale or transfer of any Lot pursuant to foreclosure by any First Mortgagee, or any proceeding in lieu thereof, including deed in lieu of foreclosure, or cancellation or forfeiture shall only extinguish the Assessment Lien only to the extent provided by Colorado law. No such sale, deed in lieu of foreclosure, nor cancellation or forfeiture shall relieve any Lot Owner from continuing liability for any Assessment thereafter becoming due, nor from the lien thereof. Any First Mortgagee who acquires title to a Lot by virtue of foreclosing a first deed of trust or mortgage or by virtue of a deed in lieu of foreclosure will take the Lot free of any claims for unpaid Assessments and Costs of Enforcement against that Lot which have accrued prior to the time such First Mortgagee acquires title to the Lot, except to the extent the Act grants lien priority for Assessments of the Association. In any action by an Association to collect Assessments and Costs of Enforcement or to foreclose a lien for unpaid Assessments, the court may appoint a receiver for the Owner to collect all sums alleged to be due from the Owner prior to or during the pending of the action. The court may order the receiver to pay any sums held by the receiver to the Association during the pending of the action to the extent of the Association's Common Expense Assessments and Costs of Enforcement. The rights of the Association shall be expressly subordinate to the rights of any First Mortgagee of a Lot under any assignment of rents given in connection with a first deed of tnast or mortgage. The Assessment Lien hereby given shall also be a lien upon all of the rents and profits of the encumbered Lot; provided, however, the lien shall be subject and subordinate to the rights of any First Mortgagee of a Lot under any assignment of rents given in connection with a first deed of trust or mortgage. Without prejudice to any other right or remedy, the Association may exercise its lien rights to rents and profits by delivering a Notice of Exercise to the occupant or ar,y payor of rents and profits, and thereafter shall be entitled to collect all such rents and profits to the extent of any delinquency. The Association's lien on a Lot for Assessments and Costs of Enforcement shall be superior to any homestead exemption now or hereafter provided by the laws of the State of Colorado or any exemption now or hereafter provided by the laws of the United States. The acceptance of a deed to a Lot subject to this Declaration shall constitute a waiver of the homestead and any other exemption as against said Assessment Lien. 5.8 Assignment of Assessments. The Board of Directors shall have the unrestricted right to assign its right to receive Common Expense Assessments and other future income, either as security for obligations of the Association or otherwise, on the condition that any such assignment is approved in writing by Owners to which at least sixty-seven percent of the votes in the Association are allocated, including sixty-seven percent of the votes allocated to Lots not owned by the Declarant. 20-- TIED 11111 VIED 1111 IIII 1111111111111111111 111111 2775415 06/19/2000 11:31A JA Suki Tsukamoto 28 of 71 R 355.00 D 0.00 Weld County CO 5.9 Surplus Funds. Any surplus funds of the Association remaining at the close of the Association's fiscal year after payment of the Association's expenses and funding the Reserve Fund shall be retained by the Association as unallocated reserves and need not be credited to the Owners to reduce their future Assessment Liability. 5.10 Working Capital Fund. At the closing of the initial sale of a Lot to an Owner other than the Declarant or Participating Builder, a one time non-refundable contribution shall be made by such Owner to the Working Capital Fund of the Association in an amount equal to two months' Common Expense Assessment. Said contribution shall be collected and transferred to the Association at the time of closing of the sale by Declarant or Participating Builder of each Lot and shall, until used by the Association, be maintained in a segregated account with other such working capital funds for the use and benefit of the Association to cover the costs of the initial period of the Association's operation, including, without limitation, to meet unforeseen expendi- tures or to purchase additional equipment, property or services. Such contribution to the Working Capital Fund shall not relieve an Owner from making regular payments of Assessments as the same become due. Upon the later sale or transfer of his or her Lot, an Owner may be entitled to a credit from his or her transferee, but shall NOT BE ENTITLED to a credit from the Association for the aforesaid contribution. The Declarant is prohibited from using the Working Capital Fund to defray any 01 its expenses, reserve contributions or construction costs, or to make up any budget deficits during the Declarant Control Period. 5.11 Certificate of Status of Assessments. The Association shall furnish to an Owner or such Owner's First Mortgagee upon written request delivered personally or by certified mail, first class postage prepaid, return receipt requested, to the Association's Registered Agent, a statement setting forth the amount of unpaid Assessments currently levied against such Owner's Lot. The statement shall be furnished within fourteen business days after receipt of the request and is binding upon the Association, the Board of Directors, and every Owner. If no statement is furnished to the Owner or First Mortgagee, delivered personally or by certified mail, first class postage prepaid, return receipt requested, to the inquiring party, then the Association shall have no right to assert a priority lien upon the Lot for unpaid Assessments which were due as of the date of the request. 5. 12 No Offsets. All Assessments shall be payable in the amounts specified in the levy thereof, and no offsets or reduction thereof shall be permitted for any reason including, without limitation, any claim that the Association or the Board of Directors is not properly exercising its duties and powers under this Declaration. The Declarant is exempt from the requirements of this Paragraph 5.12. 21— 11111111111111111111111111111 III 1111111 II 1111 2775415 06/19/2000 11:31A JA Suki Tsukamoto 29 of 71 R 355.00 D 0.00 Weld County CD ARTICLE SIX: ARCHITECTURAL APPROVAL/DESIGN REVIEW Each Improvement within the Planned Community must be constructed in accordance with the "Design Review Guidelines," if available, and approved in accordance with this ARTICLE SIX. The strict application of the following limitations and restrictions in any specific: case may be modified or waived in whole or in part by the Committee if such strict application would be unreasonable or unduly harsh under the circumstances. Any such modification or waiver must be in writing. 6.1 Approval of Improvements Required. The approval by the Design Review Committee (the "Committee") shall be required prior to the commencement of the construction of Improvements as defined in Paragraph 1.27 herein on any portion of the Planned Community, except original first built Improvements constructed by Declarant. This approval of the Committee is in addition to the review and approval by the County. A purchase of any Lot within the Planned Community does not grant any implied guarantee of approval of the improvement to be located thereon by the Committee. The Board of Directors shall have the authority and standing, on behalf of the Asso cation, to enforce in courts of competent jurisdiction decisions of the Committee established hereunder. 6.2 Membership of the Committee. The Committee shall consist of up to three members, the number and the members of which shall be determined by the Declarant in its sole discretion. The Declarant shall have the continuing right to appoint and reappoint the members of the Committee, which right shall terminate at the option of the Declarant by its written notice to the Secretary of the Association, but in any event shall terminate without further act or deed upon the completion of construction of the last Dwelling Unit within the Planned Community. Thereafier, the Committee shall consist of three members, and the Board of Directors shall have the -ight to appoint the members of the Committee. Members of the Committee appointed by the Board of Directors must be Members of the Association. Members of the Committee appointed by Declarant may be removed at any time by Declarant and shall serve until resignation or removal by Declarant. Members of the Committee appointed by the Board of Directors may be removed at any time by the Board, and shall serve for such term as may be designated by the Board or until resignation or removal by the Board. 6.3 Address of the Committee. The address of the Committee shall be that of the principal office of the Association. 6 4 Submission of Plans/Design Review Fee. Prior to commencement of work to accomp fish any proposed Improvement, the Person proposing to make such Improvement ("Applicant") shall 22— 1111111111111111111111111111111111111111111111111111111 2775415 06/19/2000 11:31A JA Suki Tsukamoto 30 of 1'1 R 355.00 D 0.00 Weld County CO submit to the Committee, at its office, or at such other place as the Committee may designate, such descriptions, surveys,plot plans, drainage plans, elevation drawings, construction plans, specifica- tions and samples of materials and colors as the Committee shall request, showing the nature, kind, shape, height, width, color, materials, and location of the proposed Improvement. The Committee may, in its guidelines or rules, provide for the payment of a fee to accompany each request for approval of any proposed Improvement. The Committee may provide that the amount of such fee shall be uniform for similar types of any proposed Improvements or that the fee shall be determined in any other manner, such as the estimated cost of the proposed Improvement. Said fee may be used to compensate any consultant as the Committee deems necessary to assist the Committee in the performance of its duties. Members of the Committee may be reimbursed for services rendered and for directly related out-of-pocket expenses. The Committee may require submission of additional plans, specifications or other information prior to approving or disapproving the proposed Improvement. Until receipt by the Committee of all required materials in connection with the proposed Improvement, the Committee may postpone review of any materials submitted for approval by a particular Applicant. No Improvement of any kind shall be erected, altered, placed, or maintained within the Planned Community unless and until the final plans, elevations, and specifications therefor have received written approval by the Committee as herein provided. 6.5 Delegation/Waiver. The Committee may at its discretion delegate to the Board of Directors any of its powers granted to it by this Article by written notice to the Board of Directors indicating what powers and authority are granted to the Board. Such delegation shall be effective from the date such notice is recorded. The approval or consent of the Committee, any representative thereof, or the Board of Directors, to any application for architectural approval shall not be deemed to constitute a waiver of any right to withhold or deny approval or consent by the Committee, any representative thereof, or the Board of Directors, as to any application or other matters whatsoever as to which approval or consent may subsequently or additionally be required. 6.6 Criteria for Approval. The question of reasonableness and good faith is the standard applicable in reviewing plans for approval by the Committee. The Committee shall have the right to disapprove any proposed Improvement which is (a) not in accordance with the Design Guidelines, or (b) is not suitable or desirable in the Committee's opinion for aesthetic or other reasons. In passing upon the Improvement the Committee shall have the right to take into consideration the suitability of the proposed Improvement and of the materials of which it is to be built, the color scheme, the site upon which it is proposed to erect the same, the harmony thereof with the surroundings, the topography of the land and the effect of the Improvement as ,Manned 23— 111111 11111 DEO 111111111111 2775415 06/19/2000 11:31A JA Suki Tsukamoto 31 of 71 R 355.00 0 0.00 Weld County CO on the outlook from the adjacent or neighboring property, and if it is in accordance with all o the provisions of this Declaration. The Committee may disapprove the proposed Improvement if the plans and specifications submitted are incomplete, or in the event the Committee deems the materials submitted be contrary to the spirit or intent of the Declaration. The Committee may condition its approval of any proposed Improvement upon the making of such changes thereon as the Committee may deem appropriate. 6.7 Decision of the Committee. The decision of the Committee shall be made within thirty days after receipt by the Committee of all materials required by the Committee unless such time period is extended by mutual agreement. The decision shall be in writing and, if the decision is not to approve a proposed Improvement, the reasons therefor shall be stated. The decisioor of the Committee shall be promptly transmitted to the Applicant at the address furnished by the Applicant to the Committee. A majority vote of the Committee shall constitute the action of the Committee. The Committee shall report in writing to the Board of Directors all final actions of the Committee if requested by the Board of Directors. The Committee shall not be required to keep the materials submitted beyond one year from date of approval. 6.8 Appeal to the Board of Directors. If the Committee disapproves or imposes conditions on the approval of a proposed Improvement, the Applicant may appeal to the Board of Directors by giving written notice of such appeal to the Board of Directors and the Committee within ten days after notice of such disapproval or conditional approval is given to the Applicant. If the Committee approves a proposed Improvement, any Impacted Owner by the Committee's decision may appeal the approval to the Board of Directors by giving written notice of such appeal to the Board of Directors, the Committee and the Applicant within ten days after such approval. The Board of Directors shall hear the appeal with reasonable promptness after reasonable notice of such hearing in writing to the Applicant, the Impacted Owner and the Committee. The Board shall decide with reasonable promptness, whether or not the proposed Improvement's approval shall be upheld. The decision of the Board of Directors shall be final and bindin on the parties concerned. 6.9 Failure of Committee to Act on Plans. Any request for approval of a proposed Improvement shall be deemed approved, unless disapproval or a request for additional information or materials 24— 1 MID 111111 IIIIIII WHIM 111111 III III 11111 IIII IIII 2775415 06/19/2000 11:31A JA Suki Tsukamoto 32 of 71 R 355.00 0 0.00 Weld County Co is transmitted to the Applicant by the Committee within thirty days after the date of receipt by the Committee of all necessary materials as determined by the Committee. 6.10 Prosecution of Work After Approval. After approval of any proposed Improvement, the proposed Improvement shall be accomplished as promptly and diligently as possible and in complete conformity with the description of the proposed Improvement, any materials suorrtitted to the Committee in connection with the proposed Improvement and any conditions imposed by the Committee. Failure to complete any proposed Improvement within twelve months from the date of the commencement of construction (excavation) shall constitute noncompliance with this Article. 6.11 Notice of Completion. Upon completion of the Improvement, the Applicant shall give written Notice of Completion to the Committee. Until the date of receipt of a Notice of C omple- tion, the Committee shall not be deemed to have notice of completion of any Improvement. 6.12 Inspection of Work. The Committee or its duly authorized representative shall have the right to inspect any Improvement prior to or after completion; provided that the right of inspection shall terminate thirty days after the Committee receives a Notice of Completion from the Applicant. 6.13 Notice of Noncompliance. If, as a result of inspections or otherwise, the Committee finds that any Improvement has been done without obtaining the approval of the Committee, or x as not done in substantial compliance with the description and materials furnished to, and any conditions imposed by, the Committee, or was not completed within twelve months from the date of the commencement of construction, the Committee shall notify the Applicant in writing of the noncompliance: which notice shall be given, in any event within thirty days after the Committee has inspected the Improvement, but in no event no later than thirty days after the Committee's receipt of such Applicant's Notice of Completion. The Notice shall specify the particulars of the noncompliance and shall require the Applicant to take such action as may be necessary to remedy the noncompliance. 6.14 Failure of Committee to Act After Completion. If, for any reason other than the Applicant's act or neglect, the Committee fails to notify the Applicant of any noncompliance within thirty days alter receipt by the Committee of written Notice of Completion from the Applicant, the Improvement shall be deemed to be in compliance if the Improvement was, in fact, completed as or the date of Notice of Completion. 6 15 Appeal to the Board of Directors of Finding of Noncompliance. If the Committee gives any Notice of Noncompliance, the Applicant may appeal to the Board of Directors by giving written notice of such appeal to the Board and the Committee within ten days after receipt by the Applicant of the Notice of Noncompliance. If, after a Notice of Noncompliance, the Applicant fails to commence diligently to remedy such noncompliance, the Committee shall request a finding of noncompliance by the Board of 25— 1111111111111111111111111 III! 11111111111 III 11111 IIII 1111 2775415 06/19/2000 11:31A JA Suki Tsukamoto 33 of 71 B 355.00 D 0.00 Weld County CO Directors by giving written notice of such request to the Board of Directors and the Applicant within thirty days after delivery to the Applicant of a Notice of Noncompliance. In either event, the Board of Directors after Notice and Hearing shall decide, with reasonable promptness, whether or not there has been such noncompliance and, if so, the nature thereof. 6.16 Correction of Noncompliance. If the Board of Directors determines that a noncompliance exists, the Applicant shall remedy or remove the same within a period of not more than thirty days from the date of receipt by the Applicant of the written ruling of the Board of Directors If the Applicant does not comply with the Board's ruling within such period, the Board may, at its option, record a "Notice of Noncompliance" against the Lot on which the noncompliance exists, or may remove the noncomplying Improvement or may otherwise remedy the noncompliance. The Board may levy an Individual Assessment in accordance with Paragraph 5.4(b' hereof against the Owner of such Lot for such costs and expenses incurred. The right of the Board of Directors to remedy or remove any noncompliance shall be in addition to all other rights and remedies which the Board of Directors may have at law, in equity, or under this Declartition 6.17 Meetings of the Committee. The Committee shall meet from time to time as necessary to perform its duties hereunder. 6.18 No Implied Waiver or Estoppel. No action or failure to act by the Committee or by the Board of Directors shall constitute a waiver or estoppel with respect to future action by the Committee or the Board of Directors. Specifically, the approval by the Committee of any Improvement shall not be deemed a waiver of any right or an estoppel to withhold approval or consent for any similar Improvement or similar proposals, plans, specifications or other materials submitted with respect to any other Improvement. 6.19 Estoppel Certificates. The Board of Directors shall, upon the reasonable request of any interested party and after confirming any necessary facts with the Committee, furnish a certificate with respect to the approval or disapproval of any Improvement or with respect to whether any Improvement was made in compliance herewith. Any person, without actual notice to the contrary, shall be entitled to rely on said certificate with respect to all matters set forth therein. 6.20 Architectural Standards/Design Guidelines. The Committee may promulgate rules and regulations to interpret and implement the provisions of this Article. These rules and regulations shall be known as the "Design Review Guidelines" and shall contain, among other things, guide- lines which will clarify the types of designs and materials that will be considered in design approval. The Applicant shall be responsible to apply for all permits and approvals required by the County. The Committee may review and revise the said Design Review Guidelines in its sole discretion so long as said guidelines are not discriminatory and are uniformly applied,. 6.21 No Liability for Committee Action. There shall be no liability imposed on the Design Review Committee, any member of said Committee, any authorized representative of said Committee, the Association, any member of the Board of Directors or Declarant for any loss, 26— Anal 111111111111111111111111111 III 11111 IIII IIII 2775415 06/19/2000 11:31A JA Suki Tsukamoto 34 of 71 R 355.00 D 0.00 Weld County CO damage or injury arising out of or in any way connected with the performance of the du.tits of the Committee, if such party acted in good faith and without malice. In reviewing any matter, the Committee shall not be responsible for passing on safety, whether structural or otherwise, or conformance with building codes or other governmental laws or regulations, nor shall its approval of an Improvement be deemed approval of such matters. 27— 1111111111111111111111111111111111111111111111111111111 2775415 06/19/2000 11:31A JA Suka Tsukamoto 35 of 71 R 355.00 0 0.00 Weld County CO ARTICLE SEVEN: LAND USE AND OTHER RESTRICTIONS The strict application of the following limitations and restrictions in any specific. case may be modified or waived in whole or in part by the Committee if such strict application would be unreasonable or unduly harsh under the circumstances. Any such modification or waiver must be in writing. 7. 1 Limitations and Restrictions. All Lots and Common Areas shall be owned, used and enjoyed subject to the following limitations and restrictions, and subject to the exemptions for Declarant as set forth in this Declaration. 7.2 Land Use. Each Owner shall be entitled to the exclusive ownership and possession of his or her Lot and Dwelling Unit. Subject to the Development and Special Declarant Rights reserved by the Declarant in ARTICLE THIRTEEN hereof, and the exemptions for the Declarant in accordance with Paragraph 7.23 hereof, no Lot within the Planned Community shall be used for any purpose other than single-family residential purposes as generally defined or for a home occupation so long as such occupation (a) is allowed by the local Zoning Codes, (b) employs no outside employees, (c) has no signage nor parking requirements. Uses described as "day care" or "child care" facilities (licensed or unlicensed) are expressly prohibited except with the prior written permission of the Board of Directors. No Improvement as herein defined, shall be erected on any part of the Planned Community which is not compatible with the character, quality and amenities associated with the neighborhood and approved in writing by the Committee in accordance with ARTICLE SIX hereof. 7.3 Building Locations, Basements, Height Restrictions and Lot Coverage. Except for original first built Improvements constructed by the Declarant, the Committee shall approve the location, height and square footage of any Improvement placed on any Lot. No Improvement shall exceed the height as set forth in the County's Building Code. Basements are not permitted without the written permission of the Design Review Committee Such approval must be obtained before commencement of any construction or alteration in accordance with ARTICLE SIX hereof. 7.4 Temporary Structures. No temporary house trailer, tent, garage or outbuilding shall be placed or erected upon part of the Planned Community except with the prior written approval of the Committee obtained in each instance. No Dwelling Unit located upon the Planned Community shall be occupied in any manner at any time prior to its being fully completed in accordance with approved plans nor shall any Dwelling Unit when completed be in any manner occupied until there is compliance with all requirements, conditions, covenants, and restrictions herein set forth. 7.5 Restrictions on Garbage and Trash. Each Owner shall keep all of his or her trash, garbage, or other refuse in a container in his or her garage. Each Owner shall provide for the regular removal of such Owner's trash and garbage and agrees to use the trash company as designated by 28-- 111111 11111 HIM 11111 It 113 1111 111 li 111 lilt ill 2775415 06/19/2000 11:31A JA Suki Tsukztroio 36 of 71 R 355.00 D 0.00 Weld County CO the Board of Directors, if one is so designated. Each Owner shall keep his or her Lot at t li t ales in a neat and clean condition. No trash, litter, garbage, grass, shrub or tree trimming;, s;rap refuse or debris of any kind shall be permitted to remain exposed upon any Lot so it is vir.ible from any neighboring Lot, Common Areas or from the street except that any container containing such material may be placed outside at proper times for garbage or trash pickup. The Board of Directors shall have the right and duty, through its agents and employees, after Notice and Hearing, to enter upon any Lot and remove such unsightly objects and materials. The cost of such removal shall be chargeable to such Owner by Individual Assessment in accordance with Paragraph 5.4(b), 7.6 Nuisances. No noxious or offensive activity shall be carried on upon the Planned Community or any part thereof, nor shall anything be done or maintained thereon which may be or become an annoyance or nuisance to the neighborhood or which is or may cause an unreasonable embarrassment, disturbance or annoyance to others, or detract from its value as an attractive residential community. Habitually barking, howling or yelping dogs shall be deemed a nuisance. 7.7 No Annoying Lights, Sounds or Odors. No light shall be emitted from any portion of the Planned Community which is unreasonably bright or causes unreasonable glare, and no sound or odor shall be emitted from any portion of the Planned Community which would reasonably be found by others to be noxious or offensive. Without limiting the generality of the foregoing no exterior spot lights, searchlights, speakers, horns, whistles, bells or other light or sound devices shall be located or used on any portion of the Planned Community except with the prior written approval of the Committee. 7,8 No Hazardous Activities. No activity shall be conducted on any portion of the Planned Community which is or might be unsafe or hazardous to any person or property. Without limiting the generality of the foregoing, no firearms shall be discharged upon any portion of the Planned Community and no open fires shall be lighted or permitted on any portion of the Planned Community except in a contained barbecue unit while attended and in use for cooking, purposes or within a fireplace designed to prevent the dispersal of burning embers. 7.9 No Unsightliness. All equipment shall be enclosed within an approved structure, including all tractors, snow removal equipment and garden or maintenance equipment, except when actually in use. No clotheslines, wood piles or storage areas shall be so located on any Lot as to be visible from neighboring Lots, Common Areas or from the street. No types of exterior refrigerating, cooling or heating apparatus shall be permitteo unless approved by the Committee. 7.10 Utilities. All electric, television, radio and telephone line installations and connections from the Owner's property line to the Dwelling Unit shall be placed underground. All types of exterior 29— 1111101111111111111110 IIII 11111111111 III I I I I! 2775415 06/19/2000 11:31A JA Suki Tsukanicto 37 of 71 R 355.00 0 0.00 Weld County CO refrigerating, cooling or heating apparatus must be approved by the Committee. Al' s Aar collector installations must be approved by the Committee prior to installation. 7.11 Restrictions on Signs and Advertising Devices. No sign,poster, billboard, advertising de lice or display of any kind shall be erected or maintained anywhere within the Planned Community except such signs as may be approved in writing by the Committee which may include signs indicating protection by Security Systems and Neighborhood Watch Programs. Ole sign advertising a Lot for sale or for lease may he placed on such Lot or Dwelling Unit; pmvided however, that standards relating to dimensions, color, style and location of such sign shall be determined from time to time by the Committee and shall comply with the local sign codes and with all other applicable statutes, ordinances and regulations. Notwithstanding the foregoing, reasonable signs, advertising or billboards used by the Declarant in connection with development of or construction on the Lot, shall be permissible. 7.12 Compliance with Insurance Requirements. Except as may be approved in writing by the Board of Directors, nothing shall be done or kept on the Planned Community which ray result in an increase in the rates of insurance or would result in the cancellation of any insurance maintained by the Association. 7.13 Compliance with Laws. No unlawful use shall be permitted or conducted of any Lot. All laws, ordinances and regulations of all governmental bodies having jurisdiction over the Lots shall be observed. 7.14 Restoration in the Event of Damage or Destruction. If due to casualty or for any other reason a Dwelling Unit located on a Lot shall be destroyed or so damaged that the Dwelling Ur it is no longer habitable, then the Owner of such Lot shall, within a reasonable time not to exceed one hundred and twenty days after the event resulting in such damage or destruction, either commence and diligently pursue repair or reconstruction of the Dwelling Unit or demolish the same Demolition of a Dwelling Unit shall include removal of any foundation slab, basement walls and floors, regrading the Lot to a level condition and the installation of such landscaping as may be required by the Committee pursuant to a plan submitted to the Committee by the Owner of said Lot. If an Owner does not either commence repair, reconstruction or demolition activities within a reasonable time as provided hereinabove and diligently pursue the same in conformance with plans approved by the Committee, then the Association may, in its reasonable discretion. after providing the Notice and Hearing, enter upon the Lot for the purpose of demolishing the balance of the Dwelling Unit and landscape the Lot in conformance with approved plans. The cost related to such demolition and landscaping shall be levied against the Owner as an Individual Assessment in accordance with Paragraph 5.4(b) hereof. 30- i illiii lliil iillili lilii lilt iliili lllli III 11111 liii ills 2775415 06/19/2000 11:31A JA Suki Tsukamoto 38 of 71 R 355.00 D 0.00 Weld County CC 7.15 Household Pets. No animals, livestock, birds, poultry, reptiles or insects of any kind. shall be raised, bred, kept or boarded in or on any portion of the Planned Community; except that dogs, cats or other customary household pets may be kept thereon if they are not raised, bred or maintained for any commercial purpose, and are not kept in such number or in such manner as to create a nuisance or inconvenience to any residents of the Planned Community. The Board of Directors shall have the right and authority to determine in its sole discretion that dogs, cats or other household pets are being kept for commercial purposes or are bei ig 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 act ion 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 Planned Community. Household pets shall not be allowed to run at large within the Planned 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 Areas. Dogs shall be on leashes while in the Common Areas. Reimbursement for damages caused by such pets and costs incurred by the Association, to include attorneys' fees and costs, in the removal of a pet or pets from the Planned Community or incurred by the Association in cleanup after such pets may be levied against such pet's Owner as an Individual Assessment in accordance with Paragraph 5.4(b) hereof. No dog runs or animal pens of any kind shall be permitted on any Lot except with the prior written approval of the Committee. 7.16 Vehicular Parking, Storage and Maintenance. No house trailer, camping trailer, horse trailer, camper, camper shells, boat trailer, hauling trailer, boat or boat accessories, truck larger than one ton, recreational vehicle or equipment, mobile home, or commercial vehicle may be parked or stored anywhere within the Planned Community so any portion of it is visible from neighboring Dwelling Units, Common Areas or from the street except in emergencies or as a temporary expedience. This applies to vehicles referred to above even if they are licensed by the State of Colorado or any other jurisdiction as "passenger vehicles". No emergency or temporary parking or storage shall continue for more than seventy two hours. Parking is not allowed on landscaped or lawn areas. No abandoned, unlicensed, wrecked or inoperable vehicles of any kind shall be stored or parked within the Planned Community except in garages or except in emergencies. yny "abandoned or inoperable vehicle" shall be defined as any of the vehicles listed above or an. 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; provided however, that 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. 31— ► ui►►► �i►►i ►►i�►►► ilia ►►i► ►i►►i►!LIPcJL!!" "►r► ►i► 2775415 06/19/2000 11:31A JA 39 of 71 R 355.00 D 0.00 Weld County CO The Board of Directors shall have the right to remove and store a vehicle in violet oit of this Paragraph after Notice and Hearing, the expenses of which shall,be levied against the (w ner of the vehicle as an Individual Assessment in accordance with Paragraph 5.4(b) hereof. Each Dwelling Unit within the Planned Community shall include an enclosed gart.ge of a size sufficient to accommodate a minimum of two full sized automobiles. Preventative vehicle maintenance only is allowed within the Planned Community, but only in the Garage. Owners are encouraged to keep their garage doors closed except when in use. 7.17 Owner Caused Damages. If, due to the act or neglect of an Owner or such Owner's Guests, loss or damage shall be caused to any person or property within the Common Areas, such Owner shall be liable and responsible for the payment of same. The amount of such loss or damage, together with costs of collection and reasonable attorney's fees, if necessary, may be collected by the Board of Directors from such Owner as an Individual Assessment against such Owner in accordance with Paragraph 5.4(b) hereof. Determination with respect to whether or not a particular activity or occurrence shall constitute a violation of this Paragraph 7.17 shall be made by the Board of Directors and shall be final. 7.18 Exterior Equipment Prohibition. No exterior equipment or fixtures, including, put not limited to, the following shall be permitted without the written consent of the Board of Directors: air conditioning units, swamp coolers, or other ventilating equipment; and any type or kind of wiring, ducts, or pipes, excluding holiday wiring. 7.19 Antennas and Satellite Dishes. No conventional television antennae of any kind na) be installed on the exterior of any Dwelling Unit in the Planned Community. No satellite dishes, antennas, and similar devices for the transmission or reception of television, radio, satellite, or other signals of any kind shall be permitted, except that (a) satellite dishes designed to receive direct broadcast satellite service which are one meter or less in diameter; (b) satellite dishes designed to receive video programming services via multi-point distribution services which are one meter or less in diameter or diagonal measurement; or (c) antennas designed to receive television broadcast signals ("Permitted Devices") shall be permitted, provided that any such Permitted Device for a Dwelling Unit is placed in the least conspicuous location on the Loi at which an acceptable quality signal can be received and is not visible from the street, Cnnrnon Area, or neighboring Dwelling Units, or is screened from the view from adjacent Dwelling Units in a manner consistent with the architectural standards contained in ARTICLE SIX hereof. This Paragraph is intended to comply with the Telecommunications Act of 1996 "Act") and the rules and regulations promulgated by the Federal Communications Commission (" FCC"). Specifically, this paragraph is not intended to unreasonably delay or prevent instt.11ahon, 32— 111111111111111111 IIIII IIII 11111111111 III 111111111 IIII 2775415 06/19/2000 11:31A JA Sulu Tsukatnolo 40 of 71 R 355.00 D 0.00 Weld County CO maintenance or use of Permitted Devices; unreasonably increase the cost of insta harm. maintenance or use of Permitted Devices; or preclude reception of an acceptable quality signal. In the event that any portion of this paragraph is found to violate the Act or any rule or regulation of the FCC the portion of this paragraph that is found to be in violation shall be stricken and the remaining provisions of this paragraph shall remain in full force and effect. 7.20 Lease of a Dwelling Unit. With the exception of a First Mortgagee who has acquired title to a Lot by virtue of foreclosing a first mortgage or by virtue of a deed in lieu of foreclosure. an Owner shall have the right to lease his or her Dwelling Unit upon such terms and conditions as the Owner may deem advisable, subject to the following: (a) Any such lease or rental agreement must be in compliance with applicable local, state and federal laws. (b) No Owner may lease or rent (i) less than his or her entire Dwelling Unit; (ii) for transient or hotel purposes; or (iii) for a term of less than thirty days; (c) Any lease or rental agreement shall be in writing and shall provide that the lease or rental agreement is subject to the terms of this Declaration, the Articles of Incorporation and Bylaws of the Association, and the Rules and Regulations of the Association; (d) Such lease or rental agreement shall state that the failure of the lessee or renter to comply with the terms of the Declaration or Bylaws of the Association, Articles of Incorporation or the Rules and Regulations of the Association shall constitute a default and such default shall be enforceable by either the Board of Directors or the lessor, or by both of them to include, but not be limited to, eviction of the lessee from the Dwelling Unit. (e) the Board of Directors shall be furnished with a copy of the lease or rental agreement upon its request. 7.21 Fences and Other Exterior Improvements. No fences, mailboxes, porch and area lighting, property identification or other exterior improvements shall be constructed or maintained on any Lot unless approved by the Committee except as were installed or permitted to be installed by the Declarant in its initial construction of the Dwelling Unit. 7 22 Rules. Every Owner and his or her Guests shall adhere strictly to the Rules as promulgated by the Board of Directors, as amended from time to time. 7 23 Waiver of Summary Abatement. The Declarant and the Association waives the right to use summary abatement or similar means to enforce the restrictions herein contained. Judicial proceedings must be instituted before any items of construction can be altered or demolished. 33— 1111111 11111 1111 11111 IIII 11111111111 III IIIIN III+ 1111 2775415 06/19/2000 11:31A JA Suki Tsukamoto 41 of 71 R 355.00 D 0.00 Weld County CO 7.24 Use of Lighthouse Cove Lake. Each Owner shall have the use of non-power water crafr on Lighthouse Cove Lake. Any Owner wishing to use power crafts must be a member in good standing of the Lighthouse Cove Water Ski Club and agree to abide by the rules of the "Lighthouse Cove Water Ski Club" (see Paragraph 4.15 hereof). 7.25 Idaho Creek and Lake. No Owner shall dump any substance (such as, but not lim[ted to, chemical waste, toxins, grass clippings, trash, animal excrement) in or around the Idahc Creek Ditch or on the Lake. No structures whether temporary or permanent shall be constructed within if feet of the Idaho Creek Ditch property. 7.26 Exemptions for the Declarant and Participating Builder. So long as the Declarant or Participating Builder owns a Lot within the Planned Community, the Declarant and Participating Builder shall be exempt from the provisions of this ARTICLE SEVEN to the extent that it impedes Declarant's or Participating Builder's development, construction, marketing, sales, or leasing activities. The Association, acting through its Board of Directors, shall have the standing and power to enforce all of the above land use and other restrictions. 34— (1111111111111111111111 IIII 11111111111 III 111111 III 1111 2775415 06/19/2000 11:31A JA Suki Tsukamoto ARTICLE EIGHT: EASEMENTS 42 of 71 R 355.00 D 0.00 Weld County CO 8.1 Utility Easements. Easements for utilities over and across the Common Areas shall he those shown upon the Plat of the Planned Community, and such other easements as may be established pursuant to the provisions of this Declaration. 8.2 Easements for the Board of Directors. Each Lot shall be subject to an easement in Favor of the Board of Directors (including its agents, employees and contractors)to perform its obl igat ions pursuant to this Declaration. 8 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 Planned Community, to enter upon any part of the Planned Community in the performance of their duties. 8 4 Recording Data Regarding Easements. Pursuant to § 38-33.3-205(m)of the Act, the recording data for recorded easements and licenses appurtenant thereto, or included in the Planned Community or to which any portion of the Planned Community is or may become subject to are identified on the attached Exhibit D. 8.5 Easements Deemed Appurtenant. The easements and rights herein created for an Owner shall be deemed appurtenant to the Lots owned by such Owner. All conveyances and instruments affecting title to a Lot shall be deemed to grant and reserve the easements and rights of way as provided herein, as though set forth in said document in full, even though no specific reference to such easements or rights of way appear. 35— MOM 1111 1111 IIII IIUII 11111 III 111111 III IIII 2775415 06/19/2000 11:31A JA SukiTsukanoto ARTICLE NINE: INSURANCE 43 of 71 R 355.00 D 0.00 Weld County CO 9.1 Authority to Purchase/General Requirements. All insurance policies relating to the Association and Common Areas within the Planned Community shall be purchased by the Board of Directors. The Board of Directors shall promptly furnish to each Owner and/or such Owner's First Mortgagee requesting same, written notice of the procurement of, subsequent changes in, renewals of, or termination of insurance coverages obtained on behalf of the Associatiior. The Board of Directors shall not obtain any policy where (a) under the terms of the insurance company's charter, bylaws, or policy, contributions or assessments may be made against the Association, Owner or First Mortgagee, or (b) by the terms of carrier's charter, bylaws or policy, loss payments are contingent upon action by the carrier's Board of Directors, policyholders or members; or (c)the policy includes any limiting clauses (other than insurance conditions) which could prevent Owners or First Mortgagees from collecting insurance proceeds. Each such policy shall provide that: (a) The insurer to the extent possible waives any right to claim by way of subrogation against the Declarant, the Association, the Board of Directors, the Managing Agent or the Owners, and their respective agents, employees, Guests and, in the case of the Owners, the member;of their households. (b) Such policy shall not be canceled, invalidated or suspended due to the condu ct of any Owner or his or her Guests or of any Member, officer or employee of the Board of Directors or the Managing Agent without a prior demand in writing that the Board or the Managing Agent cure the defect and neither shall have so cured such defect within forty-five days after such demand; (c) Such policy, including any fidelity insurance of the Association referred to in Paragraph 9.4 hereof may not be canceled, or substantially modified by any party (including can- cellation for nonpayment of premium) without at least thirty days' prior written notice to the Board of Directors, the Managing Agent and to each First Mortgagee listed as a scheduled holder of a first mortgage in the policy; (d) Such policy must provide that no assessment may be made against a First Mortgagee, its successors or assigns and that any assessment made against others shall not become a den on a Lot or Dwelling Unit superior to the lien of a First Mortgagee; (e) The Declarant, so long as Declarant shall own any Lot, shall be protected by all such policies as an Owner, if such coverage is available; All policies of insurance shall be written by reputable companies duly author zed and licensed to do business in the State of Colorado with an A.M. Best's rating of "A" or better if reasonably available, or, if not reasonably available, the most nearly equivalent rating. 36— AIM 11111 IIIIIII IIIII 111111111111111 III 111111 III IIII 2775415 06/19/2000 11:31A JA Suki Tsukrmoto 44 of 71 R 355.00 D 0.00 Weld County CO All insurance policies shall contain the standard mortgagee clause or equivalent end( renent (without contribution) in which it appropriately names the First Mortgagee in the policy, its successors and assigns, beneficiary. 9.2 Hazard Insurance. The Board of Directors shall obtain and maintain a blanket, "all-•ri:k" form policy of hazard insurance with extended coverage, vandalism, malicious mischief, vvirdstarm, sprinkler leakage (if applicable), debris removal, cost of demolition and water damage endorsements, insuring any of the insurable improvements located on the Common Areas Such insurance shall at all times represent one hundred percent of the current replacement cost based on the most recent appraisal of all insurable improvements in the Common Areas. The current replacement cost shall not include values for land, foundation, excavation and other items normally excluded therefrom and shall be without deduction for depreciation and with no provision for co-insurance. If available, the policy shall be endorsed with a "Guaranteed Replacement Cost Endorsement". The Board of Directors shall review at least annually all of its insurance policies in order to insure that the coverages contained in the policies are sufficient. The Board of Directors shall consistent with good business practices, and at reasonable intervals obtain a written appraisal for insurance purposes, showing that the insurance represents one hundred percent of the current replacement cost as defined above for all insurable improvements located on the Common Areas, together with any personal property owned by the Association. Such policies shall also provide: (a) The following endorsements or their equivalent: No Control Endorsement, Contingent Liability from Operation 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 policy purchased by the Board of Directors shall be deemed primary coverage and any individual Owners' policies shall be deemed excess coverage, and in no event shall the insurance coverage obtained and maintained by the Board of Directors hereunder provide for or he 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 and First Mortgagee requesting the same, at least thirty days prior to expiration of then current policy. The insurance shall be carried naming the Association as the owner and beneficiary thereof for the use and benefit of the Association. Any loss covered by the policies carried under this 37— 1 111111 IIIII 1111111 IIIII IIII 111111 IIIII III IIIIII III IIII 2775415 06/19/2000 11:31A JA Suki Tsukamoto 45 of 71 R 355.00 D 0.00 Weld County CO Article shall be adjusted exclusively by the Board of Directors and provide that all clain s al e to be settled on a replacement cost basis. The Association shall hold any insurance proceeds received in trust for the Owners and their First Mortgagees as their interests may appear. The proceeds shall be disbursed first for the repair or restoration of the damaged Common Areas. Owners and First Mortgagees are not entitled to receive payment of any portion of the proceeds unless there is a surplus of proceeds after the Common Areas have been repaired or restored. No Owner or any other party shall be entitled to priority over First Mortgagees with respect to any distribution of the insurance proceeds . The deductible, if any, on such insurance policy shall be as the Directors determine to be consistent with good business practice and which shall be consistent with the requiremen:s of the First Mortgagees, not to exceed, however, Ten 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 include( in the Association's Reserve Funds and be so designated. The Board shall have the authority to levy, after Notice and Hearing, against Owners causing such loss for the reimbursement of all deductibles paid by the Association as an Individual Assessment in accordance with Paragraph 5.4(b) hereof. 9.3 Liability Insurance. The Board of Directors 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 Areas, public ways within the Planned Community mnunity and any other areas that are under the Association's responsibility insuring each officer, director, the Managing Agent and the Association. Such coverage under this policy shall include, without limitation, the legal liability of the insureds for property damage, bodily injuries and deaths of persons that result from the operation, maintenance or use of the Common Areas and the legal liability arising out of lawsuits relating to employment contracts in which the Association is a party. Such insurance shall be issued on a comprehensive liability basis. Additional coverages may be required to include protection against such other risks as are customarily covered with respect to the Planned Community similar in construction, location and use, including, but not limited to, Host Liquor Liability coverage with respect to events sponsored by the Association, Workmen's Compensation and Employer's Liability Insurance, Comprehensive Automobile Liability Insurance, Severability of Interest Endorsement. IN THE EVENT THE ASSOCIATION HOSTS A FUNCTION AND CHARGES FOR FOOD OR DRINK AND LIQUOR IS SERVED, THERE WILL BE NO HOST LIQUOR LIABILITY COVERAGE FOR THE ASSOCIATION. IF MONEY IS CHARGED, A LIQUOR LIABILITY POLICY WOULD BE NEEDED TO GIVE COVERAGE TO THE ASSOCIATION. 38- ► ►11►1► 11111111111111111111111111► 1111► III 111111 III 1111 2775415 06/19/2000 11:31A JA Suki Tsulcamnto 46 of 71 R 355.00 D 0.00 Weld County ) l The Board of Directors shall review such limits once each year, but in no event sh dl 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 arrourts of "umbrella" liability insurance in excess of the primary limits may also be obtained. Absolute liability is not imposed on Owners for damage to Common Areas or Lots within the Planned Community. 9,4 Fidelity Insurance. The Association shall obtain and maintain, to the extent reasonably available, fidelity insurance coverage for any Owner or Association employee who either handles or is responsible for funds held or administered by the Association. The insurance shall name the Association as insured, and shall contain waivers of any defense based upon the exclusion of persons who serve without compensation from any definition of"employee" or similar expression. The fidelity insurance policy should cover the maximum funds (including Reserve Funds) that will be in the custody of the Association or its management agent at any time while the policy is in force; provided, however, in any event the aggregate amount of such insurance shall not be less than a sum equal to three months' aggregate assessments on all Lots, plus Reserve Funds. The policy must include a provision that calls for thirty days' written notice to the Association before the policy can he canceled or substantially modified for any reason. The same notice must also be given to each servicer that services a Fannie Mae-owned or securitized mortgage in the Planned Community. A management agent that handles funds for the Association should be covered by its own fidelity insurance policy which must provide the same coverage required of the Association 9.5 Additional Insurance. (a) If the area where the Planned Community is located has been identified by the Secretary of Housing and Urban Development (HUD) or the Director of the Federal Emergency Management Agency (FEMA) as a Special Flood Hazard Area, flood insurance for the Planned Community shall be maintained providing coverage equivalent to that provided under the National Flood Insurance Program in an amount of one hundred percent of the Planned Community';current replacement cost or the maximum available. If the Planned Community at the time of the recording of this Declaration is identified as a Special Flood Hazard Area but becomes reclassified at a later date as such, the Board of Directors shall obtain flood insurance for the Planned Community in accordance with the above. Conversely flood insurance may be discontinued under certain conditions. 39— ► ►qyVJ! L!" )' l ��►t� ►t�► �t�p t �� t►t ►�� JA Sukt knto 71 R 355.00 D 0.00 Weld Country Cu (b) Adequate Directors and Officers liability insurance, if reasonably available and if deemed consistent with good business practices, for errors and omissions on all Direcu;r- and Officers to he written in an amount which the Board of Directors deems adequate; (c) Worker's Compensation and Employer's Liability Insurance and all other similar insurance with respect to employees of the Association in the amount and in the forms now or hereafter acquired by law; (d) Such other insurance of a similar or dissimilar nature, as the Board of Directors shall deem appropriate with respect to the Planned Community. 9.6 Payment of Insurance Premiums. The cost of the insurance obtained by the Association in accordance with this Article, except for premiums on fidelity insurance maintained by a Managing Agent for its officers, employees and agents shall be paid from Association funds and shall be collected from the Owners as part of the Common Expense Assessment as provided fur in Paragraph 5.4(a) hereof. In the event there are not sufficient funds generated from the Common Expense Assessment to cover the cost of the insurance provided for above, then the deficiency shall be chargeable to each Owner by an Individual Assessment in accordance with Paragraph 5.4(b) hereof and such assessment shall be exempt from any special voting requirements of the Membership. Such assessment shall be prorated among Owners in accordance with the Owners' Common Expense Liability set forth in Paragraph 1.3 hereof. 9.7 Separate Insurance. No Owner shall be entitled to exercise his or her right to acquire or maintain such insurance coverage so as to decrease the amount which the Board of Director-, on behalf of all Owners, may realize under any insurance policy maintained by the Board or to cause any insurance coverage maintained by the Board to be brought into contribution with insurance coverage obtained by an Owner. All such policies shall contain waivers of subrogation. No Owner shall obtain separate insurance policies except as provided in this Paragraph. 9.8 Condemnation. If a part of the Common Areas are acquired by condemnation, that portion of any award attributable to the Common Areas taken must be paid to the Association. 40- 111111111111111111111111 IIII 11111111111 III 111111 III III 2775415 06/19/2000 11:31A JA Suki Tsukarnoto 48 of 71 R 355.00 D 0.00 Weld County CO ARTICLE TEN: RESTORATION UPON DAMAGE OR DESTRUCTION 10. Duty to Restore. In the event of damage or destruction to any portion of the Commor. Areas which is covered by insurance carried by the Association, the insurance proceeds shall be applied by the Board of Directors to such reconstruction and repair. The Common Areas must be repaired and restored in accordance with either(a)the original plans and specifications, or (b) other plans and specifications which have been approved by the Board of Directors. 10.2 Use of Insurance Proceeds. If the insurance proceeds with respect to such damage or destruction are insufficient to repair and reconstruct the damage to the Common Areas., the Board of Directors shall levy an Individual Assessment in the aggregate amount of such insufficiency pursuant to Paragraph 5.4(b)hereof, and shall proceed to make such repairs or reconstruction. The amount of each Owner's Individual Assessment shall be such Owner's Common Expense Liability determined in accordance with Paragraph 1.3 hereof. If all of the damage to the Common Areas covered by the Association's insurance is not repaired or reconstructed, the insurance proceeds attributable to the damage shall be used to restore the damaged portion of the Common Areas to a condition compatible with the remainder of the Planned Community and the remainder of the proceeds shall be distributed to the Association. 41- MUM 11111 111111111111Ili! 11111111111 11111 1111111 1111 2775415 06/19/2000 11:31A JA Suki Tsukamoto ARTICLE ELEVEN: MAINTENANCE 49 of 71 R 355.00 D 0.00 Weld County CO 11.1 Maintenance of the Common Areas. The Association shall provide for the repair, mainte- nance and/or reconstruction of the Common Areas. Without limiting the generality of the foregoing and by way of illustration, the Association shall keep the Common Areas in safe, attractive, clean, functional and good repair and may make necessary or desirable alterations or improvements thereon. In the event such repair, maintenance and/or replacement is resulting from the willful neglect or destruction by an Owner or such Owner's Guest, the Board of Directors shall have the right to charge the costs of such repair and/or replacement, to such Owner by an Individual Assessment in accordance with Paragraph 5.4(b) hereof. Determination with respect to whether or not a particular activity by occurrence shall constitute a violation of this Paragraph 11.1 shall be made by the Board of Directors and shall be final. 11.2 Maintenance of the Lots and/or Dwelling Units. Each Owner shall be responsible foi the maintenance, repair and reconstruction of the exterior of such Owner's Dwelling Unit and the maintenance, repair and reconstruction of his or her Lot. In the event any Owner shall fail to maintain his or her Lot and/or Dwelling l nit in a manner satisfactory to the Board of Directors, the Board of Directors shall have the right and duty, after Notice and Hearing, to enter upon said Lot and repair, maintain, and/or reconstruct the Lot and/or Dwelling Unit. The cost of such maintenance, repair and/or reconstruction shall be chargeable to such Owner by an Individual Assessment in accordance with Paragraph 5.4(b)hereof. 11 .3 Maintenance of Drainage Pattern. There shall be no interference with the established drainage pattern initially established by the Declarant over any portion of the Planned Community, except as approved in writing by the Committee. Approval shall not be granted unless provision is made for adequate alternate drainage. The "established drainage pattern" shall mean the drainage pattern which exists at the time the overall grading of any property is completed by the Declarant and shall include any established drainage pattern shown on the plans approved by the Committee. The established drainage pattern may include the drainage pattern from the Common Areas over any Lots within the Planned Community and from any Lot within the Planned Community over the Common Areas, or from any Lot over another Lot. 11 .4 Association Responsibility. The maintenance obligation on the part of the Association shall apply to such maintenance required by ordinary wear and tear and shall not apply to maintenance, repair and/or reconstruction resulting from willful neglect or destruction. In the event such repair, maintenance and/or reconstruction is resulting from the willful neglect or destruction by an Owner or such Owner's Guests, the Board of Directors shall have the 42— 11111111111111111111111111111111111111 I I 11111111111111 2775415 06/19/2000 11:31A JA Suki Tsukamoto 50 of 71 R 355.00 0 0.00 Weld County CO right, after Notice and Hearing, to charge the costs of such repair, maintenance and/or replacer tent, to such Owner by an Individual Assessment in accordance with Paragraph 5.4(b) hereof Determination of whether such repair, maintenance and/or reconstruction is the obligation of the Association and the determination of when, the magnitude and the manner of the above described maintenance, repair and/or reconstruction shall rest solely with the Board of Directors, which will also have the sole responsibility for determining the kind and type of materials used in such repair and maintenance. 11.5 Board of Directors. Access to all of the Lots within the Planned Community to perform the said repair, maintenance and/or reconstruction by the Board of Directors, its agents and employees shall be made pursuant to the maintenance easement granted in accordance with Paragraph 8.2 hereof. 43— HMI 1111111 1111 111111 E III 111111 NO 2775415 06/19/2000 11:31A JA Suki 7sukamoto 51 of 71 R 355.00 D 0.00 Weld County CO ARTICLE TWELVE: EXPANSION 12.1 Reservation of Right to Expand. Declarant reserves the right (without in any way being bound) to enlarge the Planned Community in phases, without the necessity of the consent thereto or the joinder therein by the Owners or First Mortgagees, by submitting to the Planned Community from time to time a Supplemental Declaration adding any of the real property described on the attached Exhibit C. If the Planned Community has been or may be approved by the Federal Housing Administration and/or the Veterans Administration, any such addition, expansion or annexation must be according to a General Plan heretofore filed with and approved by the Federal Housing Administration or the Veterans Administration and such addition, expansion or annexation must be supported by the written consent of the Federal Housing Administration or the Veterans Administration, evidence of which may be recorded. 12.2 Supplemental Declarations. Such expansion must be accomplished by the filing for record by the Declarant in the office of the County Clerk and Recorder, a supplement to this Declaration containing a legal description of the new real property. 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 Planned Community. 12.3 Expansion of Definitions. In the event of such expansion, the definitions used in this Declaration shall be expanded. For example, "Lot" and "Common Areas" shall mean the Lots and Common Areas described hereinabove plus any additional Lots and Common Areas added by a Supplemental Declaration or Declarations, and reference to this Declaration shall mean this Declaration as supplemented. All conveyances of Lots shall be effective to transfer rights in the Planned Community as expanded with additional references to the Supplemental Declaration. 12.4 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, by recording b} the Declarant in the Office of the County Clerk and Recorder of a Supplemental Declaration. 12.5 Interests on Enlargement. An Owner at the time of his or her purchase of a Lot which has been brought into the Planned Community by a Supplemental Declaration shall be a Member of the Association. Such Owner shall be entitled to the same non-exclusive use of the Common Areas and the same voting privileges as those Owners of the initial property brought into the Planned Community through this 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 Map for that Piase. 44— 111111 IIIII 1111111111113111111 11111III 111111111 III 2775415 06/19/2000 11:31A JA Suki Tsukamoto 52 of 71 R 355.00 0 0.00 Weld County CO Whenever any additional property is brought into the Planned Community, the Common Expense Assessment Liability of each Owner in the Planned Community after such addition will change and will be reallocated by the Declarant in accordance with Paragraph 1.3 hereof. The Supplemental Declaration recorded at the time of the expansion shall set forth the new percentage of the Common Expense Liability of the existing Lots and the newly added Lots 12.6 Taxes, Assessments and Other Liens. All taxes and other assessments relating to the real property described in Exhibit C covering any period of time prior to the addition of such property or any portion thereof to the Planned 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 Lot constructed in a prior phase. 12.7 Project Treated as a Whole. For all purposes hereof, each of the Phases of the Planned Community after the recording of the Supplemental Declaration submitting each Phase to the Planned Community, shall be treated as a part of the Planned 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 Planned Community in accordance with the above, that such Phase shall be treated as though such Phase had been developed, owned, occupied and used by the Owners thereof as a single undivided Project. 12.8 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 13.3 hereof. 45— I2775415 06/19/2000 11:31A JA Suki Tsukamoto 53 of 71 R 355.00 D 0.00 Weld County CO ARTICLE THIRTEEN: DEVELOPMENT RIGHTS AND SPECIAL DECLARANT RIGHTS 13.1 Reservation. The Declarant reserves the following Development Rights and Special Declarant Rights("Declarant Rights")which may be exercised, where applicable,anywhere within the Planned Community: (a) To complete the improvements indicated on the Plat; (b) To exercise any Declarant Rights reserved herein; (c) To maintain business/sales offices, parking spaces, management offices, storage areas, nursery, construction yard, signs, advertising and model Dwelling Units; (d) To maintain signs and advertising in the Common Areas to advertise the Planned Community; (e) To use, and to permit others to use, easements through the Common Areas as may be reasonably necessary for construction within the Planned Community and for the purpose of discharging the Declarant's obligations under the Act and this Declaration; (f) To enlarge, without in any way being bound, the Planned Community in phases from time to time, by adding to the Planned Community any of the real property described in Exhibit C attached hereto, in accordance with ARTICLE TWELVE hereof; (g) To appoint or remove any officer of the Association or a member of the Board of Directors during of Period of Declarant Control subject to the provisions of Paragraph 4.7 of this Declaration, (h) To amend the Declaration in connection with the exercise of any Declarant Rights; arid (i) To exercise any other Declarant Right created by any other provisions of this Declaration. 13.2 Rights Transferable. Declarant Rights created or reserved under this Article for the benefit of Declarant may be transferred to any Person by an instrument describing the Rights transferred and recorded in the records of the County Clerk and Recorder. Such instrument shall be executed by the transferor Declarant and the transferee. 13.3 Limitations. The Declarant Rights shall terminate at the option of the Declarant by its written notice to the Secretary of the Association, but in any event such Rights shall terminate without further act or deed five years after the date of the recording of this Declaration, 46— 111111111111111111111111 IIII 11111111111 III 1111111 II III! 2775415 06/19/2000 11:31A JA Suki Tsukantoto 54 of 71 R 355.00 D 0.00 Weld County CO Not more than eight additional Lots may be created under the Development Rights. 13.4 Interference with the Declarant Rights. Neither the Association, the Board of Directors nor any Owner may take any action or adopt any rule that will interfere with or diminish Declarant Rights without the prior written consent of the Declarant. 13.5 Use by Declarant. The exercise of the Declarant Rights by Declarant shall not unreasonably interfere with the access, enjoyment or use of any Lot by any Owner nor the access, enjoyment or use of the Common Areas; nor shall any activity be conducted which might be unsafe, unhealthy, or hazardous to any person. 13.6 Models, Sales Offices and Management Offices. Subject to the limitations set forth in Paragraph 13.3 hereof, the Declarant its duly authorized agents, representatives and employees may maintain any Dwelling Unit owned by the Declarant as a model Dwelling Unit, sales, leasing or management office, to include, but not be limited to, a sales trailer. Subject to the limitations set forth in Paragraph 13.3 hereof, a Participating Builder may, with the written approval of the Declarant, maintain any Dwelling Units owned by a Participating Builder as a "model", together with storage areas, nursery and construction yards and parking spaces, sales, leasing or management office, to include but not be limited to a sales trailer. 13.7 Declarant's Easements. The Declarant reserves the right to perform warranty work, and repairs and construction work on Lots and Common Areas, to store materials in secure areas, and to control and have the right of access to work and repair until completion. All work shall be performed by the Declarant without the consent or approval of the Board of Directors. The Declarant has an easement through the Common Areas as may be reasonably necessary for the purpose of discharging the Declarant's obligations or exercising of the Declarant Rights, whether arising under the Act or reserved in this Article. 13.8 Participating Builder's Easements. The Participating Builder reserves the right to perform warranty work, and repairs and construction work on Units to store materials in secure areas, and to control and have the right of access to work and repair until completion. 13.9 Signs and Marketing. The Declarant reserves the right for Declarant to post signs and displays on the Common Areas in order to promote sales of Lots. Declarant also reserves the right for Declarant to conduct general sales activities in a manner which will not unreasonably disturb the rights of Owners. Participating Builders may post signs and advertising on the Common Areas in order to promote sales of Lots upon the written approval of the Declarant. 13.10 Use by Declarant of Lighthouse Cove Lake. Subject to the limitations set forth in Paragraph 13.3 hereof, Declarant reserves (a) three memberships in the Lighthouse Cove Water Ski Club subject to the rules and regulations of the said Ski Club and upon payment of its annual membership fee, and (b) the exclusive use of the community boat lift. 47-- 1111111111111111111Milan Eil III 1111111111111 2775415 06/19/2000 11:31A JA Suki Tsukamoto 55 of 71 R 355.00 D 0.00 Weld County CO ARTICLE FOURTEEN: FIRST MORTGAGEE PROVISIONS The following provisions are for the benefit of holders, insurers, or guarantors of holders of first mortgages recorded against Lots within the Planned Community who qualify as an Eligible Mortgagee as defined by Paragraph 1.22 hereof. To the extent applicable, necessary, or proper, the provisions of this ARTICLE FOURTEEN apply to both this Declaration and to the Articles and Bylaws of the Association. 14.1 Notices of Action. An Eligible Mortgagee shall be entitled to timely written notice of: (a) any material condemnation loss or any casualty loss which affects a material portion of the Planned Community or any Lot in which there is a first mortgage held, insured, or guar- anteed by such Eligible Mortgagee; (b) any default in the performance by an individual Borrower of any obligation of the Declaration not cured within sixty days; (c) any lapse, cancellation, or material modification of any mandatory insurance policy or fidelity bond maintained by the Association; (d) any proposed action which would require the consent of a specified percentage of Eligible Mortgagees.; and (e) any material judgment rendered against the Association. 14.2 Amendment to Documents/Special Approvals. (a) The consent of Owners to which at least sixty-seven percent of the votes in the Association are allocated and the consent of fifty-one percent of the Eligible Mortgagees shall be required to add to or amend any material provisions of this Declaration or the Articles or Bylaws of the Association. A change to any of the following would be considered material. (i) voting rights; (ii) increase the Common Expense Assessment annually by more than 25% over the previously levied Common Expense Assessment, change the manner of the assessment liens, or the priority of the assessment liens; (iii) reduction in the reserves for maintenance, repair and replacement of the Common Areas; (iv) responsibility for maintenance and repairs; 48— 1111111 11111 Hill 11111 /III11111111111 III 1111111 II III 2775415 06/19/2000 11:31A JA Suki Tsukamoto 56 of 71 R 355.00 D 0.00 Weld County CO (v) right to use the Common Areas; (vi) convertibility of Lots into Common Areas or vice versa; (vii) subject to the provisions of ARTICLE TWELVE hereof, expansion or contract ion of the Planned Community, or the addition, annexation or withdrawal of property to or from the Planned Community; (viii) hazard or fidelity insurance requirements; (ix) imposition of any restrictions on the leasing of Lots; (x) imposition of any restrictions on a Lot Owner's right to sell or transfer his or her Lot; (xi) restoration or repair of the Planned Community (after damage or partial condemnation) in a manner other than that specified in the Project Documents; (xii) any provision that expressly benefits mortgage holders, insurers or guarantors. (b) The Association may not take any of the following actions without the consent of Owners to which at least sixty-seven percent of the votes in the Association are allocated and the approval of at least fifty-one percent of the Eligible Mortgagees. (i) Reconstruct or repair the Planned Community after damage due to an insurable hazard or a partial condemnation in a manner other than specified in the Protect Documents. (ii) Merge or consolidate the Planned Community with any other Planned Community or subject it to a Master Association. Such action shall also require the written approval from the Federal Housing Administration and/or the Veterans Adminis- tration if the Planned Community has been or may be approved by such agencies. (iii) Not repair or reconstruct, in the event of substantial destruction, any part of the Common Areas. (c) Any action to terminate the legal status of the Planned Community after substantial destruction or condemnation occurs must be agreed to by Owners to which at least sixty-seven percent of the votes in the Association are allocated, and by fifty-one percent of the Eligible Mortgagees. (d) Any action to terminate the legal status of the Planned Community for reasons ocher than substantial destruction or condemnation must be agreed to by Owners to which at least sixty- 49— HMO 11111 HIM 111111111111111 1111 III 1111111111111 2775415 06/19/2000 11:31A JA Suki Tsukamoto 57 of 71 R 355.00 D 0.00 Weld County CO seven percent of the votes in the Association are allocated, and by sixty-seven percen' of the Eligible Mortgagees. 14.3 Special FHLMC Provisions. Except as provided by statute in the case of a condemnation or a substantial loss to the Lots and/or Common Areas, unless at least two-thirds of the Eligible Mortgagees or Owners (other than the Declarant) have given their prior written approval, the Association may not: (a) by act or omission seek to abandon or terminate the Planned Community; (b) subject to the provisions of ARTICLE TWELVE hereof, change the pro rata interest or obligations of any Lot in order to levy assessments, allocate distribution of hazard insurance proceeds or condemnation awards; (c) seek to abandon,partition, subdivide, encumber, sell or transfer the Common Areas by act or omission. The granting of easements for public utilities or other public purposes consistent with the intended use of the Common Areas is not a transfer within the meaning of this Paragraph 14.3(c). (d) use hazard insurance proceeds for losses to any planned community property for other than the repair, replacement or reconstruction of the planned community property). 14.4 Implied Approval. Implied approval by an Eligible Mortgagee shall be assumed when an Eligible Mortgagee fails to submit a response to any written proposal for an amendment within thirty days after said Eligible Mortgagee receives proper notice of the proposal, provided this notice was delivered by certified or registered mail with return receipt requested. 14.5 Books and Records. Owners and their mortgagees shall have the right to examine the books and records of the Association at the office of the Association in accordance with the procedure set forth in the Association's Bylaws. 50- !L(! J "IIIIIIIII 2775415 06/19/2000 11:31A JA amoto 58 of 71 R 355.00 D 0.00 Weld County CO ARTICLE FIFTEEN: MANDATORY DISPUTE RESOLUTION 15.1 Statement of Clarification. Without modifying or restricting the scope of this Article and as a statement of clarification only, nothing contained in this Article is intended to prevent the parties from attempting to resolve any differences between them through the normal course of business and communications. It is only when the parties are unable to resolve their differences and they wish to proceed further through the assertion of a "Claim" as defined herein, that the Mandatory Dispute Resolution provisions contained in this Article are activated. 15.2 Alternative Method for Resolving Disputes. Declarant; the Association, its officers and directors; all Owners; design professionals; builder including any of their subcontractors and suppliers; and any Person not otherwise subject to this Declaration but who agrees to submit to this Article (each such entity being referred to as a "Bound Party"), agree to encourage the amicable resolution of disputes involving the Planned Community and all of its improvements without the emotional and financial costs of litigation. Accordingly, each Bound Party covenants and agrees to submit all Claims each may have to the procedures set forth in this ARTICLE FIFTEEN and not to a court of law. 15.3 Claims. Except as specifically excluded in this paragraph 15.3, all claims, disputes and other controversies arising out of or relating to the: (a) Contract for Sale and Purchase between Declarant and Buyer; (b) Property (as defined in said Contract) and the Dwelling Unit; (c) purchase of the Property or the Dwelling Unit; (d) interpretation, application or enforcement of this Declaration; (e) land development, design and/or construction of the improvements within the Planned Community and/or any alleged defect therein; (f) rights, obligations and duties of any Bound Party under this Declaration; and or (g) breach thereof, all of which are hereinafter referred to as a "Claim", shall be subject to and resolved by submitting 1:he Claim to mediation and, if not resolved during mediation, shall be resolved by Mandatory Binding Arbitration all in accordance with ARTICLE FIFTEEN of this Declaration and not in a court of law. 51— 11111111111 1111111 111111111111111 11111 ►1► 1111111 III 2775415 06/19/2000 11:31A JA Suki Tsukamot) 59 of 71 R 355.00 D 0.00 Weld County CO Unless Owners to whom at least sixty-seven percent of the votes in the Association are allocated agree.to the contrary, the following shall not be Claims and shall not be subject to the provisions of this ARTICLE FIFTEEN: (a) any suit by the Association against any Bound Party to enforce the provisions of ARTICLE FIVE (Assessments); (b) any suit by the Association or Declarant to obtain a temporary restraining order or injunction and such other ancillary relief as the court may deem necessary in order for the Association or Declarant to act under and enforce the provisions of ARTICLE SIX (Architectural Control), or ARTICLE SEVEN (Restrictive Covenants and Obligations); (c) any suit by an Owner to challenge the actions of Declarant, the Association, the Declarant acting as the Design Review Committee, or any other committee with respect to the enactment and application of standards or rules or the approval or disapproval of plans pursuant to the provisions of ARTICLE SIX (Architectural Control; (d) any suit between or among Owners, which does not include Declarant or the Association as a party; (e) any suit in which any indispensable party is not a Bound Party. 15.4 Notice of Claim Any Bound Party having a Claim ("Claimant") against any other Bound Party ("Respondent") shall submit all of their Claims by written notification delivered to each Respondent, stating plainly and concisely: (a) the nature of the Claim, including the Persons involved and Respondent's role in the Claim; (b) the legal or contractual basis of the Claim (i.e., the specific authority out of which the Claim arises); and (c) the specific relief and/or proposed remedy sought. 15.5 Timely Initiation. All Claims shall be initiated by the Claimant within a reasonable time after the Claim has arisen, and in no event shall it be made after the date when institution of legal or equitable proceedings based on such Claim would be barred by the applicable statute of limitations or repose. 15.6 Right to be Heard Upon receipt of a Claim and prior to the Association or any Member a$serting the Claim commencing any arbitration or judicial or administrative proceeding which may fall within the scope of this ARTICLE FIFTEEN, Declarant shall have the right to be heard by the Claimant, affected Owners, and Association in an effort to resolve the Claim. 52— 111111111111111111111111 IIII 11111111111 III 1111111 �� III! 2775415 06/19/2000 11:31A JA Suki Tsukamoto 60 of 71 R 355.00 D 0.00 Weld County C0 15.7 Right to Inspect. If the Claim is based on the land development, design and/or cons at tic Lion of the Improvements within the Planned Community then, subject to Owner's prior written approval which shall not be unreasonably withheld, Declarant shall have the right to access the affected area at a reasonable time(s) for purposes of inspecting the condition complained of ircluding but not be limited to, any investigative or destructive testing. The Association shall have the same right to inspect for any Claims by Owner against the Association in accordance with the above. In the exercise of the inspection rights contained herein, the party causing the inspection to be made ("Inspecting Party") shall: (a) be careful to avoid any unreasonable intrusion upon, or harm, damage or costs to the other party including, without limitation, using its best efforts to avoid causing any damage to, or interference with, any improvements on the property being inspected ("Property"); (b) minimize any disruption or inconvenience to any person who occupies the Property; (c) remove daily all debris caused by the inspection and located on the Property; (d) in a reasonable and timely manner, at the Inspecting Party's sole cost and expense, promptly remove all equipment and materials from the Property and repair and replace all damage, and restore the Property to the condition of the Property as of the date of the inspection, unless the Property is to be immediately repaired. The repair, replacement and restoration work shall include, without limitation, the repair or replacement to any structures, driveways, fences, landscaping, utility lines or other improvements on the Property that were damaged, removed or destroyed by Inspecting Party. In the event the Inspecting Party wishes to make appropriate and necessary repairs to resolve the subject matter of the Claim, the same shall be made upon terms and conditions acceptable to all affected parties. The Inspecting Party shall not permit any claim, lien or other encumbrance arising from the exercise of its right to inspect to accrue against or attach to the Property. The Inspecting Party shall indemnify, defend and hold harmless the owners, tenants, guests, employees and agents, against any and all liability, claims, demands, losses, costs and damages incurred, including court costs and attorney's fees, resulting from any breach of this Article by the Inspecting Party. 15.8 Good Faith Negotiations The Parties shall make every reasonable effort to meet in person and confer for the purpose of resolving the Claim by good faith negotiation. Any party may appoint a representative to assist such Party in negotiations. 53-. ►11111 IIIII 1111111"011J! 'fl!1! ' L 'Lt' II 111111 5 06/ 9!20071 R 55.00 15.9 Mediation If the Parties do not resolve the Claim through negotiations within thirty cays after the date of submission of the Claim to Respondent(s), as may be extended upon agreen Lent of all affected Parties, Claimant shall have 30 additional days to submit the Claim to media=ion under the auspices of an independent mediation service acceptable to all parties. If Claimant does not submit the Claim to mediation within such time, or does not appear for the mediation, Claimant shall be deemed to have waived the Claim, and all Respondent(s) shall be released and discharged from any and all liability to Claimant on account of such Claim. (a) Any settlement of the Claim through mediation shall be documented in writing by the mediator and signed by the Parties. (b) If the Parties do not settle the Claim within 30 days after submission of the matter to the mediation, or within such other time as determined by the mediator or agreed to by the Parties, the mediator shall issue a notice of termination of the mediation proceedings ("Termination of Mediation"). The Termination of Mediation notice shall set forth that the Parties are at an impasse and the date that mediation was terminated. (c) Within ten days after issuance of a Termination of Mediation, the Claimant shall make a final written Settlement Demand to the Respondent(s), and the Respondent(s) shall make a final written Settlement Offer to the Claimant. If the Claimant fails to make a Settlement Demand, Claimant's original Claim shall constitute the Settlement Demand. If the Respondent(s) fail to make a Settlement Offer, Respondent(s) shall be deemed to have made a "zero" or hake nothing" Settlement Offer. (d) Each Party shall bear its own costs, including attorney's fees, and each Party shall share equally all charges rendered by the mediator(s) and all filing fees and costs of conducting the mediation proceeding. (e) If the Parties agree to a resolution of any Claim through negotiation or mediation in accordance with this ARTICLE FIFTEEN and any Party thereafter fails to abide by the terms of such agreement, then any other Affected Party may file suit or initiate administrative proceedings to enforce such agreement without the need to again comply with the procedures set forth in this ARTICLE FIFTEEN. In such event, the Party taking action to enforce the agreement shall be entitled to recover from the non-complying Party all costs incurred in enforcing such agreement, including, without limitation, attorney's fees and court costs. 15.10 Consensus for Association Arbitration or Litigation. Except as provided in this ARTICLE FIFTEEN, the Association shall not commence any arbitration or a judicial or administrative proceeding unless Owners to which at least sixty-seven percent of the votes in the Association are allocated agree to such proceedings. This Paragraph 15.10 shall not apply, however, to: 54— 11111111111 OHM 11111 IIII 11111111111 III IIII IIIII IIII 2775415 06/19/2000 11:31A JA Suki Tsukamoto 62 of 71 R 355.00 D 0.00 Weld County CO (a) actions brought by the Association or Declarant to enforce the terms of this Declaration (including, without limitation, the foreclosure of liens); (b) the imposition and collection of Assessments, Fines, costs and attorney fees. or other specific amounts due under the Declaration; or (c) counterclaims brought by the Association in proceedings instituted against it. 15.11 Arbitration. If the Parties do not reach a settlement of the Claim within 15 days after issuance of any Termination of Mediation and reduce the same to writing, the Claimant shall have 15 additional days to submit the Claim to binding arbitration in accordance with the Arbitration Procedures contained in Exhibit E hereof and deliver an Arbitration Notice to all Respondent(s). (a) The parties agree that where any Claim, dispute or other controversy existing between them is submitted to arbitration, and any other Bound Party may have liability with respect thereto, all parties including any third parties agree that the third parties may be joined as additional parties in the arbitration, or if a separate arbitration exists or is separately initiated, to the consolidation of all arbitrations. It is the intent of the parties to resolve all rights and obligations of all interested parties at one time in one forum rather than in multiple proceedings. (b) If the Claim(s) are not timely submitted to arbitration or if the Claimant fails to appear for the arbitration proceeding, the Claims shall be deemed abandoned, and Respondent(s) shall be released and discharged from any and all liability to Claimant arising out of such Claims. (c) The award rendered by the arbitrator shall be final and binding, may be filed with any court of competent jurisdiction in accordance with applicable law and judgment obtained thereon, and execution may issue. The party seeking enforcement shall be entitled to all reasonable attorney's fees and costs incurred in the enforcement of the award. (d) The Arbitrator shall have authority, in the sound exercise of discretion, to award the prevailing party such party's costs and expenses, including reasonable attorney's fees. (e) The Association or the Owner shall notify the Declarant prior to retaining any person or entity as an expert witness for purposes of any arbitration or authorized litigation 15.12 Binding Effect This ARTICLE FIFTEEN and the obligation to arbitrate shall be specifically enforceable under the applicable arbitration laws of the State of Colorado. The arbitration award shall be final and binding, and judgment may be entered upon it in any court of competent jurisdiction to the fullest extent permitted under the laws of the State of Colorado. 15.13 Amendment. This ARTICLE FIFTEEN shall not be amended unless such amendment is approved by Owners to whom at least sixty-seven percent of the votes in the Association are allocated. 55— 1111111 11111 1111111 IIIII III 111111 l ll III III MI MI 2775415 06/19/2000 11:31A JA SukiTsukamot, 63 of 71 R 355.00 0 0.00 Weld County CO ARTICLE SIXTEEN: DURATION, AMENDMENT AND TERMINATION OF 1 HE DECLARATION 16.1 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 16.7 herein. 16.2 Amendments by Owners. Except as permitted in Paragraph 17.5 hereof, and except in cases of amendments which may be executed by the Declarant pursuant to ARTICLE TWELVE and Paragraph 16.5 hereof, and except as restricted by Paragraphs 14.2, 14.3 and 16.6 hereof, this Declaration may be amended by a written agreement by Owners to which at least sixty-seven percent of the votes in the Association are allocated; provided, however, except as provided in ARTICLE TWELVE hereof, an amendment may not: (a) decrease or increase Special Declarant Rights; (b) increase the number of Lots; (c) change the use to which a Lot is restricted or (d) change the Allocated interests of a Lot, except by the unanimous consent of the Owners. Any such amendment shall be effective upon the recording of the amendment together with a notarized Certificate of the Secretary of the Association certifying that the requisite number of Owners and Eligible Mortgagees, if required, have given their written consent to the amendment. The Secretary shall further certify that originals of such written consents by Owners and Eligible Mortgagees. as applicable, along with the recorded amendment, are in the records of the Association and available for inspection. Each amendment to the Declaration must be recorded in the Office of the County Clerk and Recorder. All signatures shall be irrevocable even upon the death of an Owner or the conveyance of the Lot, except that if an amendment is not recorded within three years of the date of signature, 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. Signatures need not be notarized. Amendments can be executed in counterparts, provided that such recorded document stall 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. 16.3 FHA/VA Approval. If the Planned Community has been or may be approved by the Federal Housing Administration and/or the Veterans Administration, then until the termination of the Period of Declarant Control hereof, the following actions will require the prior approval of the 56— HBO MOM Mil lilt LIME 11111111 2775415 06/19/2000 11:31A JA Suki Tsukamoto 64 of 71 R 355.00 D 0.00 Weld County CO Federal Housing Administration and/or the Veterans Administration: annexation of additional properties, amendment of this Declaration and the assessment of a Special Assessment. 16.4 Consent of Eligible Mortgagees. Amendments may be subject to the consent requirements of Eligible Mortgagees as more fully set forth in ARTICLE FOURTEEN hereof. 16.5 Amendments by Declarant. Declarant reserves the right to amend, without the consent of Owners or Eligible Mortgagees, this Declaration, the Association's Articles of Incorporation or Bylaws, any time within the limitations set forth in Paragraph 13.3 hereof, as follows: (a) To make nonmaterial changes, such as the correction of a technical, clerical, grammatical or typographical error or clarification of a statement. (b) To comply with any requirements of any of the Agencies or to induce any of the Agencies to make, purchase, sell, insure or guarantee First Mortgages. (c) To comply with any requirements of the Act. 16.6 Consent of Declarant Required. Notwithstanding any other provision in this Declaration to the contrary, any proposed amendment of any provision of this Declaration shall not be effective unless Declarant has given its written consent to such amendment. The foregoing requirement for consent of Declarant to any amendment shall terminate at the option cf the Declarant by its written notice to the Secretary of the Association, but in any event, shall terminate without further act or deed in accordance with the limitations set forth in Paragraph 13.3 hereof. 16.7 Termination. The Planned Community may be terminated only in accordance with Paragraph 14.2(c) and (d) hereof. The proceeds of any sale of real estate together with the assets of the Association shall be held by the Association as trustee for Owners and holders of liens upon the Lots as their interests may appear, as more fully set forth in § 38-33.3-218 of the Act. 57— 11111 1111111 1111111111111131111 2775415 06/19/2000 11:31A JA Suki Tsukamoto 65 of 71 R 355.00 D 0.00 Weld County CO ARTICLE SEVENTEEN: GENERAL PROVISIONS 17.1 Right of Action. The Association and any aggrieved Owner shall have an appropriate right of action against an Owner for such Owner's failure to comply with this Declaration, the Articles of Incorporation and Bylaws of the Association, the Rules and Regulations of the Association or with decisions of the Board of Directors which are made pursuant thereto. Owners shall have a si nilar right of action against the Association. 17.2 Successors and Assigns. This Declaration shall be binding upon and shall inure to the benefit of the Declarant, the Association and each Owner and their heirs, personal representatives, successors and assigns. 17.3 Severability. 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 had never been included herein. 17.4 No Waiver. No provision contained in this Declaration shall be deemed to have been abrogated or waived by reason of any failure to enforce the same, irrespective of the number of violations or breaches which may occur. 17.5 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 Donald LaFaver, 2185 Pinedrop Ln., Golden, CO 80401, Registered Agent for the Association until the Registered Agent is changed by a notice duly filed with the Office of the Secretary of State of Colorado (Change of Registered Agent). 17.6 Conflict. The Project Documents are intended to comply with the requirements of the Act and the Colorado Revised Nonprofit Corporation Act. If there is any conflict between the said Documents and the provisions of the statutes, the provisions of the statutes shall control. In the event of any conflict between this Declaration and any other Project Documents, this Declaration shall control. 17.7 Mergers. The Planned Community may be merged or consolidated with another planned community of the same form of ownership by complying with § 38-33.3-221 of the Act. 58— 111111111111111111 IIIII IIII IIIIII 11111 III 11111 IIII IIII 2775415 06/19/2000 11:31A JA Suki Tsukamoto 66 of 71 R 355.00 D 0.00 Weld County CO 1"x.8 Captions. The captions and headings in this Declaration are for Convenience only, and nail not be considered in construing any provision of this Declaration. 17.9 Numbers and Genders. Whenever used herein, unless the context shall otherwise provide, the singular number shall include the plural, plural the singular, and the use of any gender shall include all genders. IN WITNESS WHEREOF, the Declarant has caused this Declaration to be executed this 6 day of SL JJ s< , 2000. LIGHTHOUSE COVE LIMITED LIABILITY COMPANY, a Colorado Limited Liability Company By: sccc�l -Manager STATE OF COLORADO ) ) SS. COUNTY OF BOULDER ) The foregoing instrument was acknowledged before me this a.� day of 2000 b}rUlet-o q l4j &L v , as ,�1"`"�1';.4% HTHOUSE COVE LIMI' D LIABILITY COMPANY. 1*,• •. 'L° ,,,,":1'141.7.4%,‘ HTHOUSE i itMy commission expires:I �1.a• (OKs P• `'• —0 4 • .1 144 xlE• :la,VO 7 WITNESS my hand and i ici J seal. ,4,* �I, t` ..q\': 7 1‘` v. ®F r Notary Public 59— 1111111111111111111 1111111111111111111111111111101 III! 2775415 06/19/2000 11:31A JA Suki Tsukamoto 67 of 71 R 355.00 0 0.00 Weld County Co EXHIBIT A TO THE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF LIGHTHOUSE COVE LEGAL DESCRIPTION OF THE REAL PROPERTY SUBMITTED TO THE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF LIGHTHOUSE COVE (FIRST PHASE) Lots 1 through 10, Lighthouse Cove, a subdivision of Weld County, State of Colorado. 111111111111111111111111IIII11R11111III liiiMI IIII 2775415 06/19/2000 11:31A JA Suki Tsukamoto 68 of 71 R 355.00 D 0.00 Weld County CO EXHIBIT B TO THE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF LIGHTHOUSE COVE LEGAL DESCRIPTION OF THE COMMON AREAS SUBMITTED TO THE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF LIGHTHOUSE COVE (FIRST PHASE) At the time of the recording of the Declaration, the Declarant has not made any Common Areas subject to the Declaration. Certain Common Areas are to be made subject to the Declaration from time to time by the Declarant in accordance with ARTICLE TWELVE hereof by the recordation in the County records of Supplemental Declarations. U9Y' 71 R 355.00 D 0.00 Weld County CD EXHIBIT C TO THE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF LIGHTHOUSE COVE LEGAL DESCRIPTION OF THE REAL PROPERTY WHICH MAY BE SUBMITTED TO THE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF LIGHTHOUSE COVE IN LATER PHASES Lot 13,recorded Exemption No. 1313-16-1-RE2330,according to the Map recorded December 3, 1998 at Reception No. 2657783, being a portion of Section 16, TWP 2 North, Rg. 68 W. LESS: the real property described on Exhibit A hereof. 14111111111 111111111111 1111 111111 11111 11111111 III!ill! 2775415 06/19/2000 11:31A JA Suki Tsukamoto 70 of 71 R 355.00 D 0.00 Weld County CO EXHIBIT D TO THE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF LIGHTHOUSE COVE THE RECORDING DATA FOR RECORDED EASEMENTS AND LICENSES WHICH THE PLANNED COMMUNITY IS OR MAY BECOME SUBJECT TO: 1. All easements as contained in ARTICLE EIGHT hereof. 2. Right of Way for The Smith and Emmons Ditch as evidenced by Deed recorded December 8, 1975 in Book 754 at Reception No. 1676270. 3. Various oil and gas leases. 4. Agreement regarding sand and gravel mining recorded in Book 999 at Reception No. 1930818. 5. The right to mine and remove sand and gravel granted to Western Pa\ing Construction CO. by deed recorded in Book 1002 at Reception No. 1934403 6. The right to mine and remove sand and gravel granted to Western Pa\ing Construction Co. by deed recorded in Book 1140 at Reception No. 2082872. 7. An easement for electric facilities and incidental purposes granted to Union Rural Electric Association, Inc. by the instrument recorded in Book 1231 at Receprion No. 2178071. 8. Right of Way for Weld County Road 7 along the easterly portion of the lend. 9. All Notes, Easements and Rights of Way as shown on the Recorded Exemption Map for the Planned Community. All recordings are in the records of the Clerk and Recorder's Office, Weld County, Colorado. IIIIII ILIIdu!k !!L/!" "t 71 of 71 R 355.00 D 0.00 Weld County Co EXHIBIT E TO THE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS • OF LIGHTHOUSE COVE ARBITRATION PROCEDURES 1. All Claims subject to arbitration shall be decided by a single private party arbitrator to be appointed by the parties. 2. If the parties are unable to agree upon an Arbitrator within 30 days from the date of the Arbitration Notice, the presiding judge of the District Court in which the Planned Community is located shall appoint a qualified arbitrator upon application of a party. 3. No person shall serve as the arbitrator where that person has any financial or personal interest in the result of the arbitration or any family, social or significant professional acquaintance with any other party to the arbitration. Any person designated as an arbitrator shall immediately disclose in writing to all Parties any circumstance likely to affect the appearance of impartiality,, including any bias or financial or personal interest in the outcome of the arbitration ("Arbitrator Disclosure"). If any Party objects to the service of any arbitrator within 14 days after receipt of that Arbitrator's Disclosure, such arbitrator shall be replaced in the same manner in which that arbitrator was selected. 4. The Arbitrator shall fix the date, time and place for the hearing. The arbitration proceedings shall be conducted in the County in which the Planned Community is located unless otherwise agreed by the Parties. 5. Except as modified herein the arbitration shall be conducted pursuant to the then current Construction Industry Rules of Arbitration of the American Arbitration Association to the extent applicable, but shall not be conducted or administered by the American Arbitration Association. 6. No formal discovery shall be conducted in the absence of an order of the Arbitrator or express written agreement among all the Parties. 7. Unless directed by the Arbitrator, there will be no post-hearing briefs. 8. The Arbitration Award shall address each specific Claim to be resolved in the arbitration, provide a summary of the reasons therefore and the relief granted, and be rendered promptly after the close of the hearing and no later than 14 days from the close of the hearing, unless otherwise agreed by the Parties. The Award shall be in writing and shall be signed by the Arbitrator. 9. The Arbitrator shall have authority, in the sound exercise of discretion, to award the prevailing party such party's costs and expenses, including reasonable attorney's fees. Pagel or a. TuttleApplegate,lnc. Consultants for Land, Mineral and Water February 3, 2000 Julie Chester, Lead Planner ,.eld County Planning Dept Weld County Department of Planning 1555 North 17th Avenue Greeley, CO 80631 RECEIVED 1� L00(� RE: Lighthouse Cove PUD Dear Julie: This letter is written needing clarifications in light of the recent Sketch Plan comments provided.by Eric Jerman, Planner, for the south lots of the above described project. TI e County Case File is numbered S-515. The questions are as follows: 1. Who is the County Planner assigned to this project? It is my understanding that this project was initially re-assigned to Anne Johnson, who is currently on sick leave, and that you are now handling the project. Would you please con[inn this? 2. It is my understanding that if the south lots are reduced to 8 and fit within the future residential area as labeled on the Change of Zone plat, that the next step for the south lots is the Final Plat. This is consistent with Plat Note#2 on the Change of Zone Plat. Would you please confirm this? 3. 1 sent you a letter dated December 9, 1999, requesting clarification to the PUD Procedure for this project. I have attached the letter for your reference. Can you please provide a response so we can plan our project timeline? 4. A Flood Hazard Development Permit was submitted, reviewed and approved by your Department for this project (FHDP-350). I have attached a copy of the County approval for your reference. A meeting is scheduled with the Weld County Utility Board next Thursday, February (t° at 10 a.m. My clients and myself would appreciate the opportunity to meet with you prior to this meeting, around 9 a.m., to discuss the above questions and the final items needed for approval of this project. Please call me at (303) 452-6611, to confirm a meeting time. 11390 Grant St. • Suite 304 • Denver, CO 80233 5441 Boeing Drive. • Suite 200 • Lovelaui ;O 80.;3_ fi')5 1303) 452-6611 • Fax (303) 452-2759 (970) 461-9884 • Fax (970) 613-1177 Julie Chester, Well County Punning February 3,2000 Page 2 Thank you for your assistance with this project and the project clarifications. I appreciate your help. Sincerely, TUTTLEAPPLEGATE. INC. '� 1\ 0. r. IN, ( __ Shani L. Eastin Planner Attachments: December 9, 1999 Letter Weld County FHDP Permit CC: TA File 99-225 Chuck Miles Don LaFaver PLANNED UNIT DEVELOPMENT FINAL PLAN APPLICATION FOR PLANNING DEPARTMENT USE ONLY: Case Number Application Fee: Zoning District Receipt Number Date _ Application Checked By: Planner Assigned to Case: BE COMPLETED BY APPLICANT: (Print or type only except for required signatures). I we), the undersigned, hereby requests the Department of Planning Services to administratively review this application or request a hearing before the Board of County Commissioners, if applicable, concerning the Final Plan of this proposed subdivision of the following described unincorporated area of Weld County. LEGAL DESCRIPTION: _ Lot R of RF-, Pt of the N2NE4 a-2-b8 (If additional space is required, attach an additional sheet of this same size.) PARCEL NUMBER: 1 3 1 3 1 6 0 0 0 0 3 4 (12 digit number found on Tax I.D.or obtained in Assessor's Office) NAME OF PROPOSED PUD SUBDIVISION Lighthouse Cove —_— __— EXISTING ZONING PUD R-1 CHANGE OF ZONE CASE Z-522 NUMBER TOTAL AREA(ACRES) 75 TOTAL AREA(acres) OF COMMON OPENSPACE__ ND. OF PROPOSED LOTS 10 LOT SIZE: AVERAGE .84 acresMINIMIJM_ — UTILITIES: WATER: NAME Left Hand Water District —_ SEWER: NAME St. Vrain Sanitation District -- GAS: NAME KIN Energy PHONE: NAME US West -- ELECTRIC: NAME lln i ted Pnwer — -- DISTRICTS: SCHOOL NAME St. Vrain School District RE-1J FIRE: NAME Mountain View Eire Protection Distn=t ENGINEERS NAME lu-rile Aryle3n+e_5 / l/av A)-e Sticztle.s PHONE (do.'.) L/ _< a // ADDRESS_ 11 9 9O Carta r i t 0.71 vw wz cY,rii De/ue r PHONE SURFACE FEE(PROPERTY OWNERS) OF AREA PROPOSED FOR PUD FINAL PLAN: NAME: rer HOME TELEPHONE:LLL ADDRESS: iu/g'5 L 3-'OIOl BUS. TELEPHONE:_— — NAME: Chuck' i h i l e i, HOME TELEPHONE(Ls, (2- ADDRESS: L{4 LO N i vtifh 1 La Fa t1t/!e, CC' Srt t< BUS. TELEPHONE:_—_ &'PLICANT OR AUTHORIZED AGENT(if different than above): NAME: JL.ctf1('APP/ yd-e' 1nc-. %SOcv)1 F-1-,(7A -> HOME TELEPHONE: ADDRESS: u 99C (rra n t TY nvCY fi/132 3 BUS. TELEPHONE:.. & ) %5t s rc // S• r R(S) ND LESSEES OF MINERAL RIGHTS ON OR UNDER THE SUBJECT PROPERTIF�?: NAME: see a.1 taell±Id --- -- ADDRESS: -- - Sig ature: Own‘r or AuthorCzed Agent 22 PUD FINAL PLAN SUBMITTED TO WELD COUNTY FOR LIGI--1")-1---0..../5' GOV" ;, y7�I; 1 PROPERTY OWNERS: DONALD G LAFAVER 2185 PINE DROP LANE GOLDEN, CO 80401 CHARLES D. MILES JR. 4480 N. 109th STREET LAFAYETTE, CO 80026 >Tl Prepared By: TuttleApplegateinc. 5 . = = = Consultants for Land,Mineral,and Water = 11990 Grant Street,Suite 304 • fencer,Colorado 80233 (103)452 6611 FAX:(303)4s? 2759 JAru,IRY 20O) ;ll' 'IA#99-221 Ima Ina NIS lUttleApplegate,Inc. Consultants for Land, Mineral and Water January 4, 2000 Weld County Planning Department 1555 North 17" Avenue Greeley, CO 80634 RE: L Igk house Cove Final Plan—located on approximately 75 acres with the legal description being Lot B or Recorded Exemption 2330, being a portion of the North Y of the Northeast '/ of Section 16, T2N, R68W of the 6th P.M., Weld County, Colorado. To Whom It May Concern: Attached, please find a PUD Final Plan application for the above described property. Included in the application submittal are the following items: • 24 copies plus the original Final Plan application materials • 24 copies plus the original Final Plan and Landscaping Plan maps • 10 Utility Plan maps • 3 copies of the Final Plan Grading and Drainage Plan Report • A check in the amount of$535.00 for the Final Plan review Lighthouse Cove PUD is located in southwest Weld County, approximately one mile south of State Highway 119, and west of Weld County Road 7. The zoning of the property, PUD (R-1 uses), was approved by the Board of County Commissioners on May 19, 1999. The Change of Zone included a Specific Development guide and was not controversially in nature. It is the intent of this application submittal for the Final Plan to be reviewed and approved by the Planning Department and Utility Board only. This is consistent with Page 21 of the PUD Ordinance, which discuss the review of the PUD Final Plan. The Final Plan includes 10 clustered residential lots on the existing peninsula located c n the north side of the lake. The lots range from .72 acres to approximately 1 .29 acres. An area, south of the lake, is set aside for future residential development and is labeled on the plat. Weld Cowie r'I ID Fe v' I.Yi 11990 Grant St. • Suite 304 • Denver, CO 80233 5441 Boeing Drive. • Suite 200 • Loveland C O 80-C f-'H5d (30:3) 452-6611 • Fax (303) 452-2759 (970) 461-9884 • Fax (970) 613-1177 The development proposes the use of the lake as common open space to be utilized by the homeowners recreation uses such as hiking, biking, sailing, fishing and water skiing. The use of"Jet Ski"type water-craft will not be allowed. This is outlined and discussed within the covenants for the development. The entire property is located within the County's Mixed Use Development Area (MUD) and is labeled as limited site factor, since the property lies in the floodplain. A flood. hazard development permit (FHDP-350) was approved by the Department of Planning Services on December 28, 1999, for structures to be placed within the floodplain. The following is the narrative segment of the application requirements, based on the criteria established for Final Plan submittal as listed on Page 20 of the PUD Ordinance 1. The Final Plan application forms provided by the Department of Planning Services and the application fee of$535.00 is attached. 2. The Change of Zone plat has been submitted to the Department of Planning Services. 3. A copy of the Certificate of Title is attached. 4. Since no public lands will be dedicated with this development, a Certificate of Title or abstract for public dedications is not included. 5. Since no land will be held for public purposes, a deed ready for recording is not attached. 6. A Certificate from the County Treasure is attached which delineates that no delinquent taxes or special assessments on the property exist. 7. The Utility Plans have been signed and sealed by a qualified engineer in the State of Colorado. 8. There are no deed restrictions being required by the Board of County Commissioners governing future use of the property. 9. A preliminary cost estimate for improvement costs is attached.. Upon Final Ph n approval, the final construction drawings will be sent out to bid. Once bid's are received, the final cost figures will be presented to Weld County along with the type of collateral for improvements. 10. The Weld County Public Works Department reviewed the access location from Weld County Road 7, through the Change of Zone application and approval. Thd Public Works Department required an additional 20 feet of right-of-way to be dedicated from the existing 30 feet of right-of-way from the center line of WCR 7 Weld Goontl PIlt)Para Plan ide A:'Or P q 2 for a total of 50 feet of right-of-way. This delineation was shown on the Change of Zone Plat and is also shown on the Final Plan Plat. 11 . Off-site road improvements were not required as part of the development. Additional right-of-way from WCR 7 has been dedicated to the County as part )f the Final Plan. At some point in the future when WCR 7 is enlarged, the developer or homeowners association will participate in the enlargement of the County Road along that portion of the road that abuts the development or % shar of impact. The determined amount will be clearly outlined in the Improvements Agreement that will be entered into with Weld County for installation of improvements. 12. A. final construction schedule will he determined upon approval of the Final Plan. An improvements agreement will be entered into with Weld County. It is anticipated that construction will begin in the Spring of 2000. 13. Financing for the development will be submitted with the improvements agreement and will be presented in accordance with Section 8.0 of the Improvements Agreement, which discuss improvement guarantee. 14. A Certified List of the names, addresses and the corresponding parcel identification number of property owners within 500 feet is attached. 15. A. Certified List of the names and addresses of mineral owners and lessees of minerals on or under the property is attached. I6. The PUD Final Plan adheres to and complies with all the criteria as set forth in the Change of Zone. A Specific Development Guide was submittal with the Change of Zone application. This Guide will be adhered to during and after development of the property. The uses on the site include single family residential home site on lots ranging from .72 acres to 1.29 acres in size. Approximately 60% of the entire development will be open space, which is consistent with the Change of Zone. All of the open space will be owned and maintained by the Home Owner's Association. In addition, the amenity of the lake lends itself to the community for recreational uses. The uses include hiking. biking, sailing, fishing and water skiing. A trail around the property also provides for a common community link. The development is consistent with the Weld County Comprehensive Plan by encouraging planned and managed growth within the MUD area. R.Policy 6, in the comprehensive Plan, states that conservation of natural site features, such topography, vegetation and water course should be considered in the project design. The incorporation of the existing lake into the overall design and use o the development is in direct compliance with this policy. Additionally, PUD.G oat Weld County PIIYJ FInd 2 states that creative approaches to land development should be encouraged which will result in environments of distinct identity and character. The use of a reclaimed sand and gravel mining pit for residential uses 17. The Final Plan Plat is attached. 18. The Landscape Map is attached. 19. The Utility Map is attached. Thank you for your time and consideration in process this application request. If you have questions please call me at (303) 452-6611. Sincerely, TUTTLEAPPLEGATE, INC. `.,) Shani L. Eastin Planner Attachments CC: Don LaFaver Chuck Miles TA File #99-223 Welcl CMJr± PEP Fir,:i Y'rni Ai?) u7 A aliNINNIa = _ M OrialMirria 7tittleApplegate,Inc. December 9, 1999 Consultants for Land, Mineral and Water Julie Chester, Lead Planner Weld County Planning Department 1555 North 17th Avenue Greeley, CO 80631 RE: Lighthouse Cove PUD Final Plan Dear Julie: This letter is being written regarding review procedures of the above referenced project that our firm will be submitting within the next few weeks. It is my hope that you can clarify,whether the Planning Department can review and approve the Lighthouse Cave Final Plan or whether it is required to be heard by the Board of County Commissioners. In reviewing the Weld County Planned Unit Development Ordinance, dated January 26, 1998, Page 21 states the following: "In the event that the Planning Department determines that the Final Plan submittal is consistent with the Sketch Plan and Change of Zone submittals and ifa Specific Development Guide was submitted at the Change of Zone application, the Department shall review the Final Plan application in accordance with Section 7.4.2.2 of the PUD Ordinance." It is my interpretation of the PUD Ordinance that the Lighthouse Cove Final Plan will be consistent with the Sketch Plan and Change of Zone which would allow Planning Staff to directly review the application without a County Commissioner Hearing. Thank you for taking to time to clarify the review process. In assisting our client, it is very important that our firm provide the correct application procedure for timing of the development. I look forward to hearing from you soon. Sincerely, TOTTLEAPPLEGATE, INC. I 0,AL ✓Ty, Shari L. Eastin ‘l Planner CC: TA File#99-223 11990 Grant St. • Suite 304 • Denver, CO 80233 5441 Boeing Drive. • Suite 200 • Loveland CO 80536-8855 (303) 452-6611 • Fax (303) 452-2759 (970) 461-9884 • Fax (970) 613-1177 Preliminary Cost Estimates Exhibit A TA Job #99-223 117/00 Name of Subdivision: Lighthouse Cove jkd Location: N 1/2 NE 1/4, S16, T2N, R67W 6th P.M., Weld County Colorado Estimated Construction Improvements Unit Cost (per) Units Cost Street grading 5 C.Y 562 2810.00 Street base 5 S.Y. 1572 7860.00 Street paving 1.01 S.F 34000 34340.00 Curbs gutters, & culverts 10 L.F. 3800 38000.00 Sidewalk 2.66 S.F. 10400 2.7664.00 Sanitary sewers 25 L.F. 1496 37400.00 Sanitary sewers (manholes) 1400 EA 6 8400.00 Laterals (house connected) 10.05 L.F. 540 5427.00 Fire hydrants (assembly) 2000 EA 3 6000.00 Street name signs 300 EA 2 600.00 Grass lined swale 1 L.F 940 940.00 Telephone 6 L.F 1550 9300.00 Gas 10.22 L.F 1550 15841.00 Electric 6 L.F 1550 9300.00 Water transfer 20 L.F 1550 31000.00 Water fittings 5633 5633.00 TOTAL 5240,515.00 X19-aa FIRST AMERICAN HERITAGE TITLE CO 1000 Centre Avenue * Fort Collins, CO 80526 * (970) 493-3051 December 29, 1998 FiLe No: LR38895B98 LIGHTHOUSE COVE LLC C/O-25568 GENESEE TRAIL ROAD GOLDEN, CO 80401 Dear New Property Owner: Congratulations on your recent real estate purchase. Enclosed is your Policy of Title Insurance. This policy contains important information about the Real Estate Transaction you have just completed; it insures you against certain risks to your ownership. Please read it and retain it with your other valuable papers. A permanent record of your recorded title documents is accessible througt cur office. These records will enable prompt processing of future title orders and save valuable time should you wish to sell or obtain a loan on yours property. Visit or call our office and simply give us your personal policy file rumler when you need assistance. In the event you sell your property or borrow money from a mortgage lender you may be entitled to a discount rate if you order your title insurance tfrough th:.s company. We appreciate the opportunity of serving you and will be happy to assist you in any way in regard to your future title service needs. Sincerely, FIRST AMERICAN HERITAGE TITLE CO Richard F. Capala O.VNIRAN I de 4 LR3839,8), Fi LRBBr>G9y FIRST AMERICAN TITLE INSURANCE COMPANY OWNER'S POLICY SCHEDULE A ]cb-RC1251-12/30/98 08:32:29 Order No. LR38895B98 Policy No. 1068043 Amount of Insurance $875, 000. 00 Date of Policy: November 3, 1998 at 7 :29 A.M. 1. Name of Insured: Lighthouse Cove, LLC, a Colorado Limited Liability Company 2. The estate or interest in the land which is covered by this policy is: FEE SIMPLE 3. Tithe to the estate or interest in the land is vested in: Lighthouse Cove, LLC, a Colorado Limited Liability Company 4. The land referred to in this policy is described as follows: The N 1/2 of the NE 1/4 of Section 16, Township 2 North, Range 68 West of the 6th P.M. , Coun:y of Weld, State of Colorado. 1:atitel±1-1:1 (` irks 112 Co ntersigned �C u re,.)ori F'iI. 4 I.Rlii45!3 S tST AMERICAN TITLE INSURANCE CO. NY SCHEDULE B Order No. LR38895B98 Policy No. 1068048 EXCEPTIONS FROM COVERAGE This policy does not insure against lose or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1 . Taxes and Assessments not certified to the Treasurer's Office. 2 . Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or by making inquiry of persons in possession thereof. 3 . Easements, or claims of easements, not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the land would disclose, and wi,ict, are not shown by the public records. 5. Any lien, or right to a lien, for services, labor or material heretofore or k.erafter furnished, imposed by law and not shown by the public records. 6. All taxes and assessments for the year 1998 and subsequent years, a lien, bit not yet: due or payable. 7 . The right of proprietor of a vein or lode to extract or remove his ore should the sane be found to penetrate or intersect the premises thereby granted as reserved in United States patent recorded October 23, 1905 in Book 228 at Pace 386; and any and all assignments thereof or interest therein. 8 . Oil, Gas and Mining Lease from Mabel O. Burrett and Ward Burrett to Mary C . Wakefield recorded in Book 1341 at Page 275. 9 . An Oil and Gas Lease, from Jacob J. Plants and Edith L. Plants as Lessor(s) to Amoco Production Co. as Lessee(s) dated March 15, 1972, recorded April 13 , 1972 in Book 666 at Reception No. 1587630, and any and all assignments thereat or interests therein. 10 . Right of Way for The Smith and Emmons Ditch as evidenced by Deed Recorded December 8, 1975 in Book 754 at Reception No. 1676270. 11 . An undivided 1/2 interest in all oil, gas and other minerals as reserved Ly Geraldine M. Rawlins and Dianna M. Budde in deed recorded December 8, 1975 in Book 754 at Reception No. 1676270, and any and all assignments thereof cr interests therein. 12 . An Oil and Gas Lease, from Dianna M. Budde as Lessor(s) to Amoco Producticn Co. as Lessee(s) dated January 27, 1977, recorded February 28, 1977 in Bock 790 at Reception No. 1712365, and any and all assignments thereof or interests therein. -Continued- cal - aa CONDITIONS AND RESTRICTIONS ✓ U 11 G3 t�I OF LIGHTHOUSE COVE THIS DECLARATION is made and entered into by LIGHTHOUSE COVE LIMITED LIABILITY COMPANY,a Colorado limited liability company("Declarant"). WITNESSETH: WHEREAS,Declarant is the owner of that certain real property in the County of Weld, State of Colorado, which is described on Exhibit A, attached hereto and incorporated herein by this reference;and WHEREAS, Declarant desires to subject and place upon the above-described property certain covenants, conditions, restrictions, easements, reservations, rights-of-way, obligations, liabilities and other charges set forth herein for the purpose of protecting the value and desirability of said property and for the purpose of furthering a plan for the improvement, sale, and ownership of said property to the end that a harmonious and attractive development of said property may be accomplished and the health, comfort, safety, convenience, and general welfare of the Declarant, its successors and assigns in said property, or any portion thereof, may be promoted and safeguarded NOW„ THEREFORE, Declarant hereby declares that all of the properties described above shall be held, sold and conveyed subject to the following covenants, conditions, restrictions, easements, rights-of-way, obligations, liabilities, charges, and other provisions set forth herein which are for the purpose of protecting the value and desirability of, and which shall run with the above-described property and be binding on all parties having any right, title, or interest in the above-described property or any part thereof, the heirs, personal representatives, successors,and assigns,and shall inure to the benefit of each owner thereof. ARTICLE 1 DEFINITIONS L "Act"means the Colorado Common Interest Ownership Act, C.R.S. 38-33.3-101,et at, as amended. 2. "Agencies" Collectively means the Government National Mortgage Association(GNMA),the Federal Home Loan Mortgage Corporation (FHLMC), the Federal National Mortgage Association (FNMA), the Department of Housing and Urban Development (HUD), the Veterans Administration (VA) or any other governmental or quasi-governmental agency or any other public, quasi-public or private entity which performs (or may in the future perform) functions similar to those currently performed by any of such entities. 3. "Allocated Interests" means the Common Expense Liability and votes in the Association allocated to each Unit. The Allocated interest of each Unit shall be equal to a fraction, the numerator of which is I and denominator of which is the total number of units within the Common Interest Community from time to tii 4. "Architectural Review Committee" or"Committee" means the committee appointed by the Declarant or by the Association to review and approve or disapprove plans for Improvements as more fully provided in this Declaration. 5. "Association" means Lighthouse Cove Homeowners Association, Inc. a unit owners' assxiation organized under section 38-33.3-301 of the Act. 6. "Common Elements" means any real estate owned,leased or maintained by the Association other than a Unit. The Common Elements initially owned by the Association upon execution and recording of this Declaration are described on EXHIBIT B attached hereto and incorporated herein by this reference. 7. "Common Expense Liability" means the liability for Common expenses allocated to each Unit based on its Allocated Interest. 8. "Common Expenses" means expenditures made or liabilities incurred by or on behalf of the Association,together with any allocations to reserves. 9. "Common Interest Community" means the real estate described in EXHIBIT A attached to this Declaration, as implemented and amended from time to time, with respect to which a person, by virtue of such person's ownership of a Unit, is obligated to pay for real estate taxes, insurance premiums, maintenance, or improvement of other real estate described in this Declaration. 10. "Declarant" means Lighthouse Cove Limited Liability Company, a Colorado limited liability company,and any other person or group of persons acting in concert to whom the Declarant expressly assigns one or more of the Declarant's rights under this Declaration (which shall be the extent of the Declarant's rights to which such assignee succeeds),and who: (a) As part of a common promotional plan offers to dispose of to a purchaser such Declarant's interest in a Unit not previously disposed of to a purchaser,or (b) Reserves or succeeds to any Special Declarant Right. 11. 'Declaration" means this Declaration of Covenants, Conditions, and Restrictions and any other recorded instruments, however denominated, that create this Common Interest Community, including any amendments to those instruments and also including,but not limited to,plats and maps. 12. "Executive Board" or"Board" means the body, regardless of Name, designated in this Declaration and the Bylaws of the Association to act on behalf of the Association. 13. "Improvements" means all exterior improvements, structures, and any appurtenances thereto or components thereof of every type or kind,all landscaping features,and all changes or alterations therein or thereto, including,but not limited to,buildings, out-buildings, patios,patio covers, awnings,boat docks, solar collectors, painting or other finish materials on any visible structure, additions, walkways, sidewalks, drainage systems, antennas, basketball hoops, exterior paint or other exterior finish materials, sprinkler systems, garages, carports, driveways, fences, screening walls, retaining walls, stairs, decks hedges, windbreaks, plantings, trees, shrubs, flowers, vegetables, sod, gravel, sand, bark, exterior light fixtures, poles, signs, exterior tanks, and exterior air conditioning,cooling,heating and water softening equipment. 14. "Lot" means any separate numbered lot or plot or land shown upon any recorded subdivision map of the Common Interest Community, or any portion thereof, and on which has been or will be constructed a single residential dwelling. 15. "Member" means each Unit owner. Membership in the Association shall be appurtenant to, and may not be separated from,ownership of a unit. 16. "Participating Builder" means any Member other than Declarant who acquires one or more portions of property for the purpose of constructing one or more Units thereon, and who is designated in writing as a Participating Builder by Declarant in its sole discretion from time to time (including the right to withdraw such designation). 17. "Period of Declarant Control" means a length of time expiring twenty (20) years after initial recording of this Declaration in Weld County, Colorado; provided, that the Period of Declarant Control shall terminate no later than the earlier of either sixty(60) days after conveyance of seventy-five percent (75%) of the Units that may be created to Unit Owners other than a Declarant. 18. "Person" means a natural person, a corporation, a limited liability company, a partnership. an association,a trust,or any other entity or any combination thereof 19. "Security Interest" means an interest in real estate or personal property created by contract or conveyance which secures payment or performance of any obligation. The term includes a lien created by a mortgage, dead of trust, trust deed, security deed, contract for a deed, land sales contract, lease intended as security, assignment of lease or rents intended as security,pledge of an ownership interest in the Association, and any other consensual lien or title retention contract intended as security for an obligation. 20. "Security Interest Holder" means any person named as a mortgagee or beneficiary, or in a similar capacity, under any Security Interest(including,for purposes of Article IV, Section 12 hereof, and with respect to notice of cancellation or substantial modification of certain insurance policies, to Article VI, Section 2 hereof, the Administrator of Veterans Affairs,an Officer of the United States of America and his assigns under any executory land sales contract wherein the said Administrator is identified as the seller, whether such contract is recorded or not and the land records of the Clerk and Recorder of each county in which any portion of the Common Interest Community is located, show the said Administrator as having the record title to the unit), or any successor to the interest of any such person under such Security Interest. 21. "Special Declarant Rights" means rights reserved for the benefit of a Declarant to perform the following acts: To complete improvements indicated on plats and maps filed with the Declaration, to exercise any development right, to maintain sales offices, construction offices, management offices, and signs advertising the Common Interest Community and models, to use easements through the Common Elements for the purpose of malting improvements within the Common Interest Community or within real estate which may be added to the Common Interest Community; to merge or consolidate a Common Interest community of the same forni of ownership, or to appoint or remove any officer of the Association or any Executive Board member during any period of Declarant control. Declarant shall have the same"recreational"rights to the property as any other"unit" owner. All of the Special Declarant Rights may be exercised by the Declarant with respect to any portion of the property now or hereafter within the Common Interest Community. Declarant may exercise any or all of these special Declarant Rights at any time and from time to time. Such rights (with the exception of recreational rights and the right of membership in the Lighthouse Cove Water-ski Association which are expressly hereby reserved by Declarant or its assignee and which shall bear no termination date) shall terminate automatically on the earlier of the:following events: (a) conveyance of the last Unit by the Declarant to a Unit Owner other than Declarant or (b) twenty(20) years from the date of recordation of this Declaration, except with respect to the appointment of officers and directors which may only be exercised in accordance with Article III hereof. 22. "Unit' means any Lot, described on the attached Exhibit A, or any other real property as may hereafter be brought within the jurisdiction of the Association, with the exception of the Common Elements and any publicly dedicated property. 23. "Unit Owner" means the Declarant, each Participating Builder, and each other person who owns a Unit,but does not include a person having an interest in a Unit solely as security for an obligation. The Declarant is the owner of any Unit created by the Declaration until that Unit is conveyed to another person who may or may no:be a Declarant or a Participating Builder under this Declaration. the r 24. Units that may be Created" means nineteen(19)Units,which shall be the maximum number of Units may be subject to this Declaration. ARTICLE 11 MEMBERSHIP AND VOTING RIGHTS 1. Membership. The membership of the Association at all times shall consist exclusively of all Unit Owners or, following termination of the Common Interest Community, of all former Unit Owners entitled to distributions of proceeds under the Act or their heir,personal t up,esentatives, successors or assigns. Membership shall be appurtenant to and may not be separated from ownership of any Unit. 2. One Class of Membership. The Association shall have one Class of voting membership. Each Unit Owner shall be entitled to one(1)vote for each Unit owned in accordance with the Allocated Interest attributable to such Unit,except that no votes allocated to a Unit owned by the Association may be cast. The total number of votes which may be cast in connection with any matter shall be equal to the total number of Units then existing within the Common Interest Community. Except as otherwise provided in Article III of this Declaration, during the period of Declarant Control, the Declarant or Persons appointed by the Declarant may appoint and remove all officers and members of the Executive Board which have been appointed by such Declarant. A Declarant may voluntarily surrender the right to appoint and remove officers and members of the Executive Board before termination of the Period of Declarant Control;but,in that event,the Declarant may require,for the duration of the Period of Declarant Control, that specified actions of the Association or Executive Board, as described in a recorded instrument executed by the Declarant,be approved by the Declarant before they be come effective. ARTICLE III EXECUTIVE BOARD MEMBERS AND OFFICERS 1. Authority of Executive Board. Except as provided in this Declaration or the Association bylaws, the Executive Board may act in all instances on behalf of the Association. 2. Election of Unit Owners During Period of Declarant Control. No later than sixty (60) days after conveyance of twenty-five percent(25%)of the Units that may be created to Unit Owners other than a Declarant,at least one(1) member and not less than twenty-five percent(25%) of the members of the Executive Board must be elected by Unit Owners other than the Declarant. Not later than sixty (60) days after conveyance of fifty percent (50%)of the Units that may be created to unit Owners other than a Declarant, not less than thirty-three and one- third percent (33 1/3%) of the members of the Executive Board must be elected by Unit Owners other than the Declarant. 3. Authority of Declarant; termination of period of Declarant control. Except as otherwise provided in this Article III, during the period of Declarant control, the Declarant or persons appointed by the Declarant may appoint all officers and directors and remove all officers and directors of the Executive Board appointed by it. Not later than the termination of any period of Declarant control,the unit owners shall elect an Executive Board of at least three (3) members, at least a majority of whom must be unit owners other than the Declarant or designated representatives of unit owners other than the Declarant. The Executive Board shall elect officers. The Executive Board members and officers shall take office upon election. 4. Delivery of Documents by Declarant. Within sixty (60) days after the Unit owners other than the Declarant elect a majority of the members of the Executive Board,the Declarant shall deliver to the Association all property of the Unit Owners and of the Association held by or controlled by the Declarant, including, without limitation,the following items: (a) The original or a certified copy of the recorded Declaration, as amended, of the Association's Articles of Incorporation,Bylaws, minute book,other books and records,and any Association rules and regulation which may have been promulgated; (b) An accounting for Association funds and financial statements from the date the Association received funds and ending on the date the period of Declarant control ends. The financial statements shall be audited by an independent certified public accountant and shall be accompanied by the accountant's letter expressing either the opinion that the financial statements present fairly the financial position of the Association in conformity with generally accepted accounted principles or a disclaimer of the accountant's ability to attest to the fairness of the presentation of the financial information in conformity with generally accepted accounting principles and the reasons therefor. The expense of the audit shall not be paid for or charged to the Associai (c) The Association funds or control thereof; (d) An itemized list of all of the Declarant's tangible personal property that has been represented by the Declarant to be the property of the Association. (e) A copy, for the nonexclusive use by the Association, of the plans and specifications used in the construction of the improvements in the Common Interest Community: (f) All insurance policies then in force in which the Unit Owners, the Association, or its directors and officers are named as insured persons; (g) Copies of any certificates of occupancy that may have been issued with respect to any Improvements comprising the Common Interest Community; (h) Any other permits issued by governmental bodies applicable to the common Interest Community and which are currently in force or which were issued within one(1)year prior to the date on which Unit Owners other than the Declarant took control of the Association; (I) Written warranties of the contractors, subcontractors, suppliers, and manufactures that are still effective; (j) A roster of Unit Owners and mortgagees and their addresses and telephone numbers, if known, as shown on the declarant's records; (k) Employment contracts in which the Association is a contracting party;and (I) Any service contract in which the Association is a contracting party or in which the Association or the Unit Owners have any obligation to pay a fee to the persons performing the services. 5. Budget. Within thirty (30) days after adoption of any proposed budget for the Common interest Community, the Executive Board shall mail, by ordinary first-class mail, or otherwise deliver a summary of the budget to all the Unit Owners and shall set a date for a meeting of the unit owners to consider ratification of the budget not less than fourteen(14)nor more than sixty(60)days after mailing or other delivery of the summary. Unless at that meeting the vote of eighty percent (80%) of the Allocated Interests rejects the budget, the budget is ratified, whether or not a quorum is present. In the event that the proposed budget is rejected, the periodic budget last ratified by the Unit Owners must be continued until such time as the Unit Owners ratify a subsequent budget proposed by the Executive Board I I ARTICLE IV COVENANT FOR MAINTENANCE ASSESSMENTS 1. Personal obligation for assessments. Each Unit Owner,including Declarant and each participating Builder,by acceptance of a deed therefor,whether or not it shall be so expressed in such deed,covenants,agrees and shall be personally obligated to pay to the association: annual assessments or charges,special assessments, and other charges,fines fees,interest,late charges,and the amounts,all as provided in this Declaration,with such assessments and other amounts to be established and collected as hereinafter provided. The obligation for such payments by each unit owner to the Association is an independent covenant with all amounts due,from time to time,payable in full when due without notice or demand(except as otherwise expressly provided in this Declaration),and without set-off or deduction. All Unit Owners of each unit shall be jointly and severally liable to the Association for the payments of all assessments,fees,charges and other amounts attributable to their Unit. The word"assessment,"as used in this Declaration, shall include,without limitation,annual assessments,special assessments,and other charges,fines fees,interest,late charges,and other amounts as provided above and as provided elsewhere in this Declaration. Each assessment,together with interest,late charges,cost,and reasonable attorney's fees,shall also be the personal obligation ef'the Person who was the Unit Owner at the time when the assessment became due. The personal obligation for delinquent assessments shall not pass to such Unit Owner's successors in title unless expressly assumed by them. The Associations lien on a Unit for assessment shall be superior to any homestead exemption now or hereafter provided by the laws of the State of Colorado or any Exemption now or hereafter provided by the laws of the United States. The acceptance of a deed to land subject to this Declaration shall constitute a waiver of the homestead and any other exemption as against said assessment lien. 2. Purpose of Assessments. The assessments levied by the Association shall be used exclusively tc promote the recreation,health,safety and welfare of the residents of the Units,and for all of those purposes and activities which may be required of the Association of which may be required of the Association or which the Association may be empowered to pursue pursuant to this Declaration or the Articles of Incorporation or Bylaws of the Association,or by law,provided,however,that such assessments levied during the period of Declarant control may not be used for the purpose of constructing capital Improvements. 3. Annual Assessment. Until the effective date of an Association budget ratified by the Unit Owners with a different amount of the annual Common Expense assessment,as provided above,the amount of the annual Common Expense assessment against each Unit shall not exceed ( _I per Unit per month. In addition,there shall be an additional annual fee of$ due from any unit owner who wishes to operate a power craft on the lake. (see terms and conditions of watercraft use) 4. Rate of Assessment. Annual and special assessments shall be sufficient to meet the expected needs of the Association and shall be apportioned among the Units in accordance with their allocated interests;provided. however,that any Unit(s)which are denied the right of use of any portion of the Common Elements,as provided in the Annexation of Additional land and Declaration Amendment for such Unit(s), shall not be required to pay any assessments for such Common Elements. The Common Expense assessments shall include an adequate reserve fund for the maintenance,repair and replacement of those items that must be maintained,repaired or replaced on a periodic bases,and for the payment of insurance deductibles. All Common Expenses shall be assessed against all the units in accordance with the Allocated Interest set forth in this Declaration. If the Common Expense Liability is reallocated,Common Expense assessments and any installment thereof not yet due shall be recalculated in accordance with the reallocated Common Expense Liability. 5. Date of Commencement of Annual Assessments. Until the Association makes a Common Expense assessment,the Declarant shall pay all Common Expenses. After any assessment has been made by the Association,assessments shall initially not be greater than the amount set forth in Section 3 of this Article,and thereafter shall be based on a budget adopted by the Association as provided in this Declaration. A budget shall be so adopted no less frequently than annually. The annual assessments shall be due and payable in monthly installments,in advance,or on such other dates,and with such frequency(which may be other than monthly.but not less frequently than annually),as the Executive Board determines at its discretion from time to time;provided that the first annual assessment shall be adjusted to reflect the time remaining in the first Association fiscal year. Ally Unit Owner purchasing a Unit between due dates shall pay a pro rata share of the last payment the. 6. Special Assessments. In addition to the annual Common Expense assessments authorized in this Article,the Executive Board of the Association,with the approval of two-thirds(2/3rds)of a quorum of Association votes cast by Members voting in person or by proxy at a meeting duly called for this purpose,may levy, in any fiscal year,a special assessment applicable to that year only,for the purpose of defraying in whole or in part the cost of any construction,reconstruction,repair,or replacement of a capital improvement upon any porti on of real property for which the Association has repair and/or reconstruction obligations,including fixtures and personal property related thereto,or for repair or reconstruction of any damaged or destroyed Improvements located on said real property,or for the funding of any operating deficit incurred by the Association,or for any extraordinary costs. Any such special assessment shall be set against each Unit in accordance with the Allocated Interests set forth in this Declaration. Notwithstanding the foregoing,special assessments levied during the Period of Declarant Control may not be used for the purpose of constructing capital improvements. 7. Notice and Quorum for any Special Assessments. Written notice of any meeting called for the purpose of taking any action authorized under Section 6 of this Article shall be sent to all members not less than 30 days nor more than 60 days in advance of the meeting At the first such meeting called,the presence of Members or of proxies entitled to cast sixty percent(60%)of all the membership votes shall constitute a quorum. If the required quorum is not present,another meeting may be called subject to the same notice requirement,and the required quorum at the subsequent meeting shall be one-half(1/2)of the required quorum at the preceding meeting No such subsequent meeting shall be held more than 60 days following the preceding meeting. 8. Lien for Assessments. (a) The Association has a statutory lien on a Unit for any assessment levied against that Unit or fines imposed against its Unit Owner. Fees,charges,late charges,attorney fees,fines,and interest charged pursuant to this Declaration are enforceable as assessments under this Article. The amount of the lien shall include all those items set forth in this Section from the time such items become due. If an assessment is payable in installments, each installment is a lien from the time it becomes due,including the due date set by any valid Association acceleration of installment obligations. (b) Recording of the Declaration constitutes record notice and perfection of the lien. No further recordation of any claim of lien for assessments is required. However,the Executive Board or managing agent of the Association may prepare and record in Weld County,Colorado,a written notice setting forth the amount of the unpaid indebtedness,the name of the Unit Owner of the Unit,and a description of the Unit. If a lien is filed,the costs and expenses thereof shall be added to the assessment for the Unit against which it is filed and collectx1 as part and parcel thereof. The Association's lien may be foreclosed in like manner as a mortgage on real estate. (c) A lien for unpaid assessments is extinguished unless proceedings to enforce the lien are instituted within six(6)years after the full amount of assessments becomes due. (d) Unless the Declaration otherwise provides,if two(2)or more associations have liens for assessments created at any time on the same property,those liens have equal priority. 9. Priority of Association Liens. (a) A lien under this Article is prior to all other liens and encumbrances on a Unit except: (1)Liens and encumbrances recorded before the recordation of the Declaration; (2) A Security Interest on the Unit which has priority over all other Security Interests on the Urn t and which was recorded before the date on which the assessment sought to be enforced became delinquent; and (3) Liens for real estate taxes and other governmental assessments or charges against the Unit. (b) A lien under this Section is also prior to the Security Interests described in the preceding subsection (a)to the extent of an amount equal to the Common Expense assessments based on a periodic budget adopted by the Association as provided above,which would have become due,in the absence of ary acceleration,during the six(6)months immediately preceding institution by either the Association or any party holding a lien senior to any part of the Association lien created under this Section of an action or a non judicial foreclosure either to enforce or to extinguish the lien. (c) This Section does not affect the priority of mechanics' or materialmen's liens or the priority of liens for other assessments made by the Association. A lien under this Article is not subject to the provisions of part 2 of Article 41 of Title 38, C.R.S.,as amended,or to the provisions of Section 15-11-201,C.S. 1973,as amended. 10 Receiver. In any action by the Association to collect assessments or to foreclose a lien for unpaid assessments, the court may appoint a receiver of the Unit Owner to collect all sums alleged to be due from the Unit Owner prior to or during the pending of the action. The court may order the receiver to pay any sums held by the receiver to the Association during the pending of the action to the extent of the Association's Common Expense Assessments. 11 Certificate of Status of Assessments. The Association shall furnish to a Unit Owner of such unit,to Owner s designee,or to a holder of a Security Interest,or its designee upon written request delivered personally or by certified mail,first class postage prepaid,return receipt,to the Association's registered agent,a written statement setting forth the amount of unpaid assessments currently levied against such Unit Owner's unit. The statement shall be furnished within fourteen(14)calendar days after receipt of the request and is binding on the Association, the Executive Board,and every Unit Owner. If no statement is furnished to the Unit Owner or holder of a Security Interest or their designee,delivered personally or by certified mail,first class postage prepaid,return receipu requested,to the inquiring party,then the Association shall have no right to assert a lien upon the Unit for unpaid assessment s which were due as of the date of the request. 12 Effect of Non-Payment of Assessments;Remedies of the Association. Any assessment not paid within ten (10)days after the due date thereof may bear interest from the due date at the rate of twenty-one percent(21%)per annum,or at such lesser rate as may be set from time-to-time by the Executive Board,and the Executive Board miry assess thereon a late charge not in excess of twenty-five dollars($25)per month. The Association ma) bring an action at law against the Unit Owner personally obligated to pay the same,or foreclose the lien against s ich Unit Owner's Unit. If a judgment or decree is obtained,including without limitation,in a foreclosure action, such judgment or decree shall include interest on the assessment and a reasonable attorney's fee to be fixed by the coon, together with the costs of the action,and may include interest and late charges as above provided. Each Unit Owner is liable for assessments made against such Unit Owner's unit during the period of ownership of such Unit. Na Unit Owner may be exempt from liability for payment of any assessment by abandonment of the Unit againsr which the assessments are made. This Article does not prohibit actions or suits to recover sums for which this Declaration creates a lien or to prohibit the Association from taking a deed in lieu of fore-closure. 13 Surplus Funds. Any surplus funds of the Association,including but not limited to,working capital hinds remaining after payment of or provision for Common Expenses and any prepayment of or provision for reserves. shall be retained by the Association for use as directed by the Executive Board at its discretion from time-to-time, and need not be paid to the Unit Owners in proportion to their Common Expense liability or paid to them to reduce their future Common Expense assessments. 14 Working Capital Fund. The Association,Declarant,or any Participating Builders,shall require the first Unit Owner(other than Declarant or a Participating Builder)of any Unit who purchases that Unit from Declarant or a Participating Builder to make a non-refundable contribution to the Association in an amount equal to two(2)times the monthly installment of the annual assessment then set for each Unit(regardless of whether or not assessments have commenced as provided in Section 5 of this Article.) Said contribution shall be collected and transfened to the Association at the time of closing of the sale by Declarant or a Participating Builder af each Unit and shall, until used,be maintained in a segregated account with other such working capital funds for the use and benefit of the Association,including,without limitation,to meet unforeseen expenditures or to purchase additional equipment,property,or services. Such contribution to the working capital fund shall not relieve a Unit Owner from making regular payments of assessments as the same become due. Upon the transfer of his Unit,a Unit Owner shall be entitled to a credit from his transferee(but not from the Association)for the aforesaid contribution to the working capital fund. 15 Assignment of Future Income. The Executive Board may assign the Association's right to future income. including the right to receive Common Expenses. 16 Assessments for Misconduct. If any Common Expense is caused by the misconduct of any Unit Owner his family members,or guests,the Association may assess that Common Expense exclusively against such Unit Owner and his Unit,and the amounts thereof shall be subject to all of the Association's rights with respect to the collection and enforcement of assessments as provided in this Article. ARTICLE V ARCHITECTURAL REVIEW COMMITTEE 1. Composition of Committee. The Architectural Review Committee shall consist of three(3)or more persons appointed by the Executive Board;provided however,that until all of the Units that may be created have been conveyed by Declarant to the first Unit Owner thereof(other than Declarant,)Declarant shall appoint the Architectural Review Committee;and provided further,however,that the appointor(whether the appointor is the Board or the Declarant,)may at any time appoint the Board to serve as the Committee. The Committee may designate a representative to act for it. The power to"appoint"as provided herein shall include without limitation the power to: constitute the initial membership of the Architectural Review Committee;appoint member(s)to the Architectural Review Committee on the occurrence of any vacancy therein,for whatever reason;and remove any member of the Architectural Review Committee with or without cause at any time and appoint the successor thereof. Each such appointment may be made for such term(s)of office,subject to the aforesaid power of removal, as may be set from time to time in the discretion of the appointor. 2. Review by Committee,Miscellaneous Requirements. (a) No exterior improvements shall be constructed,erected,placed,planted,applied,installed,altered, or changed upon any Unit unless complete plans and specifications therefor(said plans and specifications to show exterior design,height,materials,color,and location of the improvements,plotted horizontally and vertically, location and size of driveways,location,size and type of landscaping,fencing, walls,windbreaks and grading plan,as well as such other materials and information as may be required by the Committee) shall have been first submitted to and approved in writing by the Architectural Review Committee;provided,however,that the Declarant shalt be exempt from seeking or obtaining Architectural Review Committee approval during Dec larant's development of,construction on,or sales of any Unit or residences on any Unit. The Architectural Review Committee shall exercise its reasonable judgment to the end that all improvements conform to and harmonize with the existing surroundings,residences,landscaping,and structures,and shall take into account the requirements of any applicable Design Guidelines recorded with any Official Development Plan that affect,the portion of the Common Interest Community on which the application for architectural approval has been requested. In its review of such plans,specifications,and other materials and information,the Architectural Review Committee may require that the applicant(s)reimburse the Committee for the actual expenses incurred by the Committee in the review and approval process. Such amounts,if any,shall be levied in addition to the Common Expense assessment against the Unit for which the request for Architectural Review Committee approval was made,but shall be subject to the Association's lien for assessments and subject to all other rights of the Association for the collection of such assessments,as more fully provided in this Declaration. The Committee may from time to time issue guidelines or rules relating to any aspect of the architectural review function. (b) The Architectural Review Committee reserves the right to require that any construction activity on anv Unit shall commence and be completed within a specified time period,and any approval or authorization by the Architectural Review Committee may be expressly conditioned on compliance with such time limit. Further, color,style,and type of all exterior finishing materials,as well as any other matters within the jurisdiction of the Architectural Review Committee,shall be subject to such standards, specifications,and requirements as may be set forth in written guidelines promulgated,from time to time,by the Architectural Review Committee. Without limiting the generality of any of the foregoing provisions of this Section,the following standards and requirements shall apply: (I)All dwelling units shall be of new construction,and no existing or prefabricated dwelling unit shall be moved onto any Unit. No other building or structure(including,but not limited to,playhouses,storage sheds,or windmills)may be moved onto a Unit without the prior written approval of the Architectural Review Committee. (2)No aluminum foil,reflective material,newspaper,or other materials not customarily made fen use as interior window coverings shall be used for window coverings. No reflective material shall be used on any window without the prior written approval and authorization of the Architectural Review Committee. The Architectural Review Committee may establish additional rules governing the color,design,and material use for window coverings which can be seen from the street or from any neighboring property. (3)Any painting or repainting of the exterior of any dwelling or any other improvement upon an) Unit shall be the same color,texture,and material as that originally used in the construction of such dwelling or other improvement,unless otherwise approved and authorized in writing by the Architectural Review Committee When dwellings are repainted,color choices shall be based on a pre-selected palette of colors that will be provided by the Association. 3. Procedures. The Architectural Review Committee shall approve or disapprove all requests for approval within twenty-one(21)days after the complete submission of all plans,specifications,and other materials and information which the Committee may require in conjunction therewith. If the Architectural Review Committee fails to approve or disapprove any request within twenty-one(21)days after the complete submission of all plans,specifications,materials,and other information with respect hereto,approval shall not be requirec,and this article shall be deemed to have been fully complied with. 4. Vote. A majority vote of the Architectural Review Committee is required to approve a request for approval pursuant to this Article unless the Committee has appointed a representative to act for it,in which case the decision of such representative shall control. In the event a representative acting on behalf of the Architectural Review Committee approves or denies a request for architectural approval,any Unit Owner shall have the rights to an appeal of such decision to the full Committee upon a request therefor submitted to the Committee within thirty (30)days after such approval or denial by the Committee's representative. 5. Records. The Architectural Review Committee shall maintain written records of all applications submitted to it and all actions taken by it thereon. Such records shall be available to Members for inspection at reasonable hours of the business day. 6. Liability. The Architectural Review Committee and the members thereof,as well as any representative of the Committee appointed to act on its behalf,shall not be liable for damages to any person submitting,requests for approval or to any Unit Owner by reason of any action,failure to act,approval,disapproval,or failure to approve or disapprove in regard to any matter within the jurisdiction of the Architectural Review Committee. 7. Variance. The Architectural Review Committee may grant reasonable variances or adjustments from any conditions and restrictions imposed by this Article or Article DC hereof in order to overcome practical difficulties or prevent unnecessary hardships arising by reason of the application of any such conditions and in case the granting thereof shall not be materially detrimental or injurious to the other property or improvements in the neighborhood and shall not militate against the general intent and purpose hereof. 8. Waivers. The approval or consent of the Architectural Review Committee or any representative thereof to any application for Architectural approval shall not be deemed to constitute a waiver of any right to withhold or deny approval or consent by the Committee, any representative thereof,or the Executive Baird as to the application or other matters whatsoever as to which approval or consent may subsequently or additionally be required ARTICLE VI INSURANCE I. Insurance. Commencing not later than the time of the first conveyance of a Unit by the Declarant or a Participating Builder to a Person other than a Declarant or a Participating Builder,the Association shall maintain insurance in connection with parcels of real property which the Association has an obligation to maintain, repair, and/or reconstruct. The Association shall maintain the following types of insurance to the extent that such insurance is reasonably available. Considering the availability,cost and risk coverage provided by such insurance and the cost of said coverage,the cost shall be paid by the Association as Common Expenses. Notwithstanding any of the specific insurance requirements specified in this Article,the Association may also consider, in determining the types and amount of insurance it needs to obtain,the then-existing requirements of any of the Agencies with respect to their insurance,guaranty,or purchase of Security Interests. (a) A policy of property insurance covering all parcels of real property for which the Association has the duty to repair and/or reconstruct,except for land,foundation,excavation,and other matters normally excluded from coverage,for broad form covered causes of loss in an amount not less than full insurable replacement cost of the insured property less applicable deductibles at the time the insurance is purchased and at each renewal date and not less than necessary to comply with any co-insurance percentage stipulated in the insurance policy. Further, said policy shall include an"inflation Guard Endorsement"and an"Agreed Amount Endorsement." The Association may also purchase any or all of the following: a"Demolition Endorsement,"an"Increased Cost of Construction Endorsement,"a"Contingent Liability from Completion of Building Laws Endorsement,"a "Vacancy Permit Endorsement"or the equivalent,and coverage on personal property owned by the Association.. including fixtures and building service equipment,furnishings,and supplies. Such insurance as maintained by the Association pursuant to this subsection shall afford protection against at least the following: (i) loss or damage by fire and other perils normally covered by the standard extended coverage endorsement and (2) such other risks as shall customarily be covered with respect to projects similar in construction,location, and use,including all perils normally covered by the standard'all risk"endorsement,where such is available. (b) A comprehensive policy of commercial general public liability insurance in connection with the ownership,existence,use or management covering parcels or real property which the Association has the obligation to maintain,repair,and/or reconstruct,insuring the Association in an amount not less than One Million Dollars($1,000,000.00)covering bodily injury,including death to persons,personal injury,and property damage liability arising out of a single occurrence. Such coverage shall include,without limitation,legal liability of the insured for property damage,bodily injuries,and deaths of persons in connection with the operation,maintenance, or ❑se of all parcels of real property for which the Association has the obligation to maintain,repair, and/or reconstruct, legal liability arising out of lawsuits related to employment contracts of the Association and protection against liability for non-owned and hired automobiles. Such coverage may also include, if applicable comprehensive automobile liability insurance,garagekeeper's liability,liability for property of others, host I iquor liability,water damage liability,contractual liability,workmen's compensation insurance for employees of the Association,and such other risks as shall customarily be required by private institutional mortgage investor:with respect to projects similar in construction,location,and use. Such insurance shall insure the Executive Board, Association,any managing agent,and their respective employees,agents,and all Persons acting as agents The Declarant shall be included as an additional insured in such Declarant's capacity as a Unit Owner and member of the Executive Board The Unit Owners shall also be included as additional insured but only for claims and liabilities arising in connection with the use of management of property insured by the Association from time-to- time. The insurance shall cover claims of one or more insured parties against other insured parties. (c) A policy providing comprehensive fidelity coverage or fidelity bonds to protect against dishonest acts on the part of officers,directors, Unit Owners,trustees,and employees of the Association and/or any independent contractor employed by the Association for the purpose of managing the Common Interest Community,in an amount at least equal to the estimated maximum of funds,including maintenance reserves, in the custody of the Association at any given time;provided,however,that such fidelity coverage or fidelity bonds shall not be iii an amount less than two(2)months aggregate assessments on the Units,plus such reserve funds as calculated from the current budget of the Association. The Association may carry fidelity insurance in amounts greater Char required herein above and may require any independent contractor employed for the purposes of managing the Common Interest Community to carry more fidelity insurance coverage than required herein above. Such fidelity coverage or bonds shall meet the following requirements: (1) all such fidelity coverage or bonds shall name the Association as an obligee; (2) such fidelity coverage or bonds shall contain waivers of any defense based upon the exclusion of persons who serve without compensation from any definition of"employee"or similar expression. In the event the Association has delegated some or all of its responsibility for the handling of funds to a managing agent,the Association may require the managing agent to purchase,at its own expense,a policy of fidelity insurance or bonds which fully complies with the provisions of this subparagraph(c). (d) If any portion of any parcels of real property which the Association has an obligation to repair or reconstruct are located within the area identified by the Federal Emergency Management Agency as having special flood hazards,and flood insurance coverage on such parcels has been made available under the National Flood Insurance Program,then such a policy of flood insurance on such parcels shall be in an amount at least equal to the lesser of: (1) the maximum coverage available under the National Flood Insurance Program for all buildings and other insurable property located within a designated flood hazard area; (2) one hundred percent(100%)of current replacement cost of all buildings and other insurable property located within a designated flood hazard area. (e) In addition,the Association may obtain insurance against such other risks of a similar or dissimilar nature as it shall deem appropriate to the extent that such coverage is reasonable available,including but not limited to,personal liability insurance to protect directors and officers of the Association from personal liability in relation to their duties and responsibilities in acting as directors and officers on behalf of the Association. 2. General Provisions of Insurance Policies. All policies of insurance carried by the Association shall be carried in blanket policy form naming the Association as insured,or its designee as trustee and attorney-in-fact for all Unit Owners. Each Unit Owner shall be an insured person under such policies with respect to liability arising out of any Unit Owner's membership in the Association. The policy or policies shall contain a standard non- contributory Security Interest Holder's clause in favor of each Security interest Holder and a provision that it cannot be canceled,materially altered,or not renewed until thirty(30)days' prior written notice thereof is given to the insured and to each Unit Owner and to each Security Interest Holder,insurer,or guarantor of a Security Interest. The Association shall furnish a certified copy or duplicate original of such policy or renewal thereof with proof of premium payment and a certificate identifying the interest of the Unit Owner in question to any party in interest,including Security interest Holders,upon request. All policies of insurance carried by the Association shall also contain waivers of subrogation by the insurer against any Unit Owner or member of his household. A it policies shall contain waivers of any defense based on invalidity arising from any acts or neglect of a Unit Owner where such Unit Owner is not under the control of the Association. No act or omission by any Unit Owner,unless acting within the scope of such Unit Owner's authority on behalf the Association, will void any policy or be a condition to recovery under the policy. 3. Deductibles. (a) The Association may adopt and establish written non-discriminatory policies and procedures relating to the submittal of claims,responsibility for deductibles,and any other matters of claims adjustment. No policy of insurance of which the Association or its designee is the beneficiary shall include a deductible clause in an amount which is greater than the lesser of Ten Thousand Dollars($10,000.00)or one percent(1%)of'the face amount of the policy. (b) Any loss to any Unit or to any other parcels of real property for which the Association has the duty to maintain,repair,and/or reconstruct,which falls within the deductible portion of such policy,shall be borne by the person or entity who is responsible for the repair and maintenance of the property which is damaged or destroyed. In the event of a joint duty of repair and maintenance of the damaged or destroyed property,then the deductible may be apportioned among the parties sharing in such joint duty or may be partly or wholly borne by the Association at the election of the Executive Board. Notwithstanding the foregoing,after notice and hearing,the Association may determine that a loss,either in the form of a deductible to be paid by the Association or an uninsured loss,resulted from the act or negligence of a Unit Owner. Upon said determination by the Association, any such loss or portion thereof may be assessed to the Unit Owner in question,and the Association may collect the amount from such Unit Owner in the same manner as any assessment. 4. Payment of Insurance Proceeds. Any loss covered by an insurance policy described in Section 1 of his Article must be adjusted with the Association,but the insurance proceeds for that loss shall be payable to any insurance trustee designed for that purpose,or otherwise to the Association,and not to any holder of a Security Interest. The insurance trustee or the Association shall hold any insurance proceeds in trust for the Association Unit Owners,and Security Interest Holders,as their interests may appear. Subject to the provisions of Section 1 of Article VII of this Declaration,the proceeds must be disbursed first for the repair or restoration of the damaged property. The Association,Unit Owners,and Security interest Holders are not entitled to receive payment of any portion of the proceeds unless there is a surplus of proceeds after the property has been completely repaired Or restored or the Common Interest Community is terminated. 5. Association Insurance as Primary Coverage. If at the time of any loss under any policy which is in the name of the Association,there is other insurance in the name of any Unit Owner and such Unit Owner's policy covers the same property or loss,or any portion thereof,which is covered by the Association policy, such Association policy shall be primary insurance not contributing with any of such other insurance. A Unit Owner shall be liable to the Association for the amount of any diminution of insurance proceeds to the Association as a result of policies of insurance of a Unit Owner. The Association may collect the amount from said Unit Owner in the same manner as any assessment. 6. Acceptable Insurance Companies. Each hazard insurance policy purchased by the Association must be written by a hazard insurance carrier which has a current rating by Best's Insurance Reports of B/VI or better or a financial rating of Class V provided it has a general policy holder's rating of at least A and is authorized by law to do business in the State of Colorado. The Association shall not obtain any policy where(a)under the terms of the insurance company's charter,bylaws,or policy contributions or assessments may be made against the mortgagor or mortgage's designee,or(b)under the terms of the carrier's charter,bylaws,or policy loss payments are contingent upon action by the carrier's Board of Delegates,policy holders,or members,or(c)the policy includes any limiting clauses(other than insurance conditions)which could prevent mortgagees or any Unit Owner from collecting insurance proceeds. 7. Insurance to be Maintained by Unit Owners. Unless otherwise expressly provided in this Declaration, an insurance policy issued to the Association does not obviate the need for Unit Owners to obtain insurance for their own benefit. Insurance coverage on each Unit and the improvements thereon,as well as on the furnishings and other items of personal property belonging to a Unit Owner,and public liability insurance coverage on each Unit shall be the responsibility of the Unit Owner of such Unit. Unit Owners shall also be responsible for obtaining any policies of title insurance required in connection with any sale of a Unit other than the purchase by the initial Unit Owner from the Declarant or from a Participating Builder. 8. Annual Review of Insurance Policies. All insurance policies carried by the Association shall be reviewed at least annually by the Executive Board to ascertain that the coverage provided by such policies adequately covers those risks insured by the Association. Prior to obtaining any policy of fire insurance or renewal thereof,the Executive Board or the managing agent of the Association may obtain a written appraisal from a duly qualified real estate or insurance appraiser or other person knowledgeable as to replacement costs,which appraiser shall reasonable estimate the full replacement value of the Improvements to the insured for the purpose of determining the amount of insurance required pursuant to the provisions of this Article. Any Security Interest Holder shall be furnished with a copy of such appraisal upon request. 9. Notice of Cancellation. If the insurance described in Section 1 of this Article is not reasonably available,or if any policy of such insurance is canceled or not renewed without a replacement policy therefor haying been obtained,the Association promptly shall cause notice of that fact to be hand delivered or sent prepaid by United States mail to all Unit Owners. ARTICLE VII DAMAGE OR DESTRUCTION 1. Damage or Destruction. (a) Any portion of the Common Interest Community for which insurance is required under this Declaration which is damaged or destroyed must be repaired or replaced promptly by the Association unless: (1) The Common Interest Community is terminated; (2) Repair or replacement would be illegal under any state or local statue or ordinance governing health or safety; (3) Eighty percent(80%)of the Unit Owners,including every Unit Owner of a Unit that will not be rebuilt,vote not to rebuild; (4) Prior to the conveyance of any Unit to a person other than the Declarant,the Security Interest Holder of a deed of trust or mortgage on the damaged portion of the Common Interest Community rightfully demands all or a substantial part of the insurance proceeds. (b) The cost of repair or replacement that is covered by insurance carried by the Association,but which is in excess of insurance prrnivts and reserves,is a Common Expense. If the entire Common Interest Community is not repaired or replaced,the insurance prods attributable thereto must be used to restore the damaged area to a condition compatible with the remainder of the Common Interest Community,and,except to the extent that other persons will be distributees,the remainder of the proceeds must be distributed to all the Unit Owners or lien holders,as their interests may appear,in proportion to the Common Expense Liability of all the Units. If the Unit Owners vote not to rebuild any Unit,that Unit's Allocated Interests are automatically reallocated upon the vote as if the Unit had been condemned as provided in Article XI, Section Il hereof,and the Association promptly shall prepare,execute,and record an amendment to this Declaration reflecting such reallocations. 2. Units. Any damage to or destruction of any structure located on a Unit shall,except as hereafter provided,be promptly repaired and reconstructed by the Unit Owner thereof using insurance proceeds and personal funds of such Unit Owner. "Repaired and reconstructed"as used in this Section 2 shall mean restoring the structure to substantially the same condition in which it existed immediately prior to such damage or destruction, including having the same boundaries as before. However,if a residence located on a Unit shall be destroyed or so damaged that the residence is no longer habitable,then the Unit Owner of such Unit shall,within a reasonable time not to exceed 120 days after the event resulting in such damage or destruction,either commence and diligently pursue repair or reconstruction of the residence or demolish the same. Demolition of a residence shall include removal of any foundation slab,basement walls and floors,re-grading of the Unit to a level condition, and the installation of such landscaping as may be required by the Architectural Review Committee pursuant to a plan submitted to said Committee by the Unit Owner of said Unit. If the Unit Owner of a Unit does not either commence repair,reconstruction,or demolition activities within a reasonable time,as provided above,and diligently pursue the same in conformance with the plans approved by the Architectural Review Committee,then the Association may,in its reasonable discretion,after providing the notice required in Article VIII, Section 2 hereof,enter upon the Unit for the purpose of demolishing the residence and then landscape the Unit in conformance with approved plans. The cost related to such demolition and landscaping shall be the personal obligation of the Unit Owner of the Unit on which such work is performed and shall be subject to all the terms and provisions applicable to assessment as provided in Article IV hereof,including without limitation,interest, late charges,attorneys'fees and lien rights. ARTICLE VIII EXTERIOR MAINTENANCE 1. General. (a) Maintenance,repair,and replacement of the Common Elements and the Improvements located on the Common Elements and of any drainage structure or facilities or other public Improvements required by the local governmental entity as a condition of development of the Common Interest Community or any part thereof shall be the responsibility of the Association unless such Improvements have been dedicated to and accepted by the local governmental entity for the purpose of maintenance,repair or replacement or unless such maintenance, repair or replacement has been authorized by law to be performed by a special district or other municipal or quasi- municipal entity. The Association may provide such other maintenance and repair as the Executive Board deems appropriate from time-to-time. The costs to be expended for the maintenance,repair,replacement, and servicing described in this Section 9(a)shall,subject to Section 4 of this Article,be collected by the Association as Common Expenses pursuant to Article IV hereof (b) The maintenance,repair,and replacement of each Unit,and the improvements thereon,including but not limited to the interior thereof, shall be the responsibility of the Unit Owner of such Unit. The Association and each Unit Owner and their agents and contractors are hereby granted an easement for the purpose of maintenance and repair of the Unit Owner's Unit on,over,across,under,and through any Unit upon reasonable notice to the Unit Owner thereof Any damage occurring to such Unit or Improvements thereon in performing such repairs or maintenance shall be the responsibility of the party performing or authorizing such repairs or maintenance. 2. Association's Right to Repair,Maintain,Restore,and Demolish. in the event any Unit Owner shall fail to perform his maintenance,repair,and/or reconstruction obligations in a manner satisfactory to the Executive Board,the Association may if said failure continues for a thirty(30)day period after written notice to said Unit Owner by the Board enter upon said Unit subsequent to the expiration of said thirty(30)day time period to perform any or all of such maintenance,repair,or restoration;or,pursuant to Article VII, Section 2 hereof to demolish a residence. The cost of such maintenance,repair,reconstruction and/or demolition shall be the Personal obligation of the Unit Owner of the Unit on which such work is performed and shall be subject to all of the Terms and provisions applicable to"assessments"as provided in Article IV hereof including without limitation interest, late charges,attorneys'fees,and lien rights. 3. Access Eacement. Each Unit Owner shall afford to the Association and the other Unit Owners and to their agents or employees access through such Unit Owner's Unit reasonably necessary for maintenance,repair, and replacement of any Common Elements and any other property or Improvements maintained,repaired,or replaced by the Association. If damage is inflicted,or a strong likelihood exists that it will be inflicted,on the Common Elements,any other property or any Unit through which access is taken,the Unit Owner responsible for the damage,or expense to avoid damage,or the Association if it is responsible,is liable for the cost of prompt repair. Further,each Unit it shall be subject to an easement in favor of the Association(including its agents, employees,and contractors)for performing maintenance,repair,and/or reconstruction as provided in this Article during reasonable hours after reasonable notice to the Unit Owners or occupants of any affected Unit,except that no such notice shall be required of the Association in connection with any fence or landscape maintenance, repair, and replacement,and except that in emergency situations entry upon a Unit may be made at any time provided t hat the Unit Owner or occupants of each affected Unit shall be warned of impending emergency entry as early as is reasonably possible. The interior of any residence located on a Unit shall not be subject to such easements as provided for in this Section 3. 4. Unit Owner's Misconduct. Notwithstanding anything to the contrary contained in this Declaration, in the event that the need for maintenance,repair,or reconstruction of the Common Elements,any other property, or any Improvements located thereon is caused by the misconduct of any Unit Owner,or by the misconduct of any member of such Unit Owner's family,or by a guest or invitee of such Unit Owner,the cost of such repair, maintenance,reconstruction,or expense to avoid such damage shall be the personal obligation of such Unit Owner to the extent that said Unit Owner would be liable for the acts of such Person(s)under the laws of the State.Df Colorado;and any costs,expenses and fees incurred by the Association for such maintenance,repair,or reconstruction shall be added to the assessment to which such Unit Owner's Unit is subject and shall be subject to all of the terms and provisions of Article IV of this Declaration. A determination of the misconduct of any Unit Owner,or any member of a Unit Owner's family or a guest or invitee of any Unit Owner. The amount of the Unit Owner's liability therefore shall be determined by the Association at a hearing after notice to the Unit Owner. provided that any such determination which assigns liability to any Unit Owner pursuant to the terms of this Section may be appealed by said Unit Owner to a court of law. 5. Expenses for Property Subject to Development Rigts. In addition to the liability that a Declarant as a Unit Owner has under the Act,the Declarant alone is liable for all expenses in connection with real estate subject to Development Rights until expiration of all Development Rights with respect to such real estate. No other Unit Owner and no other portion of the Common Interest Community is subject to a claim for payment of those expenses. Any income or proceeds from real estate subject to Development Rights inures to the Declarant. ARTICLE iX RESTRICTIONS I. General Plan. It is the intention of the Declarant to establish and impose a general plan for the improvement,development,use,and occupancy of the Common Interest Conununity,all in order to enhance the value,desirability,and attractiveness of the Units and subserve and promote the sale thereof. 2. Restrictions Imposed. This Common Interest Community is subject to the recorded easements. licenses,and other matters listed on Exhibit C attached thereto and incorporated herein by this reference. in addition,the Declarant declares that all of the Units shall be held and shall henceforth be sold,conveyed, used, improved,occupied,owned,resided upon, and hypothecated subject to the following provisions,condition,. limitations,restrictions,agreements,and covenants as well as those contained elsewhere in this Declaration. 3. Residential Use. Subject to Section 4 of this Article IX, Units shall be used for residential use only, including uses which are customarily incident thereto and shall not be used at any time for business,commercial, or professional purposes. Notwithstanding the foregoing,however,a Unit Owner may use his Unit for professional or home occupation(s)so long as the applicable zoning permits such use,there is no external evidence thereof,and no unreasonable inconvenience to other residents of any Unit(s)is created thereby,provided,that any increase in motor vehicle traffic to a Unit is deemed to constitute an unreasonable inconvenience as referenced above_ 4. Declarant's Use. Notwithstanding anything to the contrary contained in this Declaration,it sh all be expressly permissible and proper for Declarant,its employees,agents,and contractors,to perform such reasonable activities and to maintain upon portions of the Unit such facilities as Declarant deems reasonable, necessary or incidental to the construction and sale of Units and development and construction of Improvements,specifically including,without limiting the generality of the foregoing,locating,maintaining,and relocating management offices,signs,model units,and sales offices in such numbers,of such sizes,and at such locations as it determines in its reasonable discretion. Notwithstanding the foregoing,Declarant shall not perform any activity or maintain any facility on any portion of the Units in such a way as to unreasonably interferes with the use,enjoyment:,or access of such Unit Owner,his family members,guests,or invitees of and to his Unit and to a public right-of-way. 5. Animals. No animals shall be kept on any Unit except an aggregate of two(2)domesticated dogs or cats and except domesticated birds and fish and other small domestic animals,and then only if kept as pets. Ali dogs shall be kept on a hand-held leash except when on their Unit Owner's own Unit. No animal or other pet of arty kind shall be permitted which might be dangerous or which makes an unreasonable amount of noise or odor or is a nuisance. An unreasonable amount of noise due to dog barking may be deemed to be either continuous or intermittent barking that totals one-half(1/2 hour or more during any twenty-four(24)hour period without regard to the reason(s)why the dog may be barking. Further,no kennel or other facility for raising or boarding dogs or other animals for commercial purposes shall be kept on any Unit. No rare,exotic,or unusual animals or other pets (except non-dangerous birds or fish)shall be kept on any Unit. Each Unit Owner shall be responsible for cleaning up after such Unit Owner's pet(s)and for all damage caused by any pet(s)possessed by such Unit Owner All costs and expenses incurred by the Association as a result of a Unit Owner's pet(s)shall be subject to all of the Association's rights with respect to the collection and enforcement of assessments as provided in Article IV hereof. 6. Temporary Structures;Unsightly Conditions. Except as hereinafter provided,no structure of a temporary character,including but not limited to,a house trailer,tent,shack, storage shed,or outbuilding s hall be placed or erected upon any Unit;Provided however,that during the actual construction alteration,repair,or remodeling of a structure or other Improvements,necessary temporary structures for storage of materials may be erected and maintained by the Person doing such work. The work of constructing,altering,or remodeling any structure or other Improvements shall be prosecuted diligently from the commencement thereof until the completion thereof. Further,no unsightly conditions,structures,facilities,equipment,or objects shall be located on any Unit as to be visible from a street or from another Unit. 7. Miscellaneous Improvements;Landscaping (a) No advertising or signs of any character shall be erected,placed,permitted,or maintained on any Unit other than a name plate of the occupant and a street number,and except for one"For Sale"sign of not more than five(5)square feet. Notwithstanding the foregoing,reasonable signs,advertising,or billboards used by the Declarant in connection with the sale or rental of any Unit(s),or otherwise in connection with development of or construction of any Unit(s)shall be permissible,provided that such use shall not interfere wit the Unit Owners' use and enjoyment of their Unit or with their ingress or egress from a public way to their Unit. (b) No clotheslines,chain-linked(or other)dog runs,drying yards service yards,wood piles,compost piles,or storage areas shall be so located on any Unit as to be visible from a street or from ground level of arty other Unit. (c) No type of refrigerating, cooling,or heating apparatus shall be permitted on a roof,and no such apparatus shall be permitted elsewhere on a Unit,except when appropriately screened and approved by the Architectural Review Committee. (d) No roof vent(s)shall be permitted except with the prior written app,_oval of the Architectural Review Committee;provided,that no roof vent(s)shall be placed on the street side(s)of any home. (e) Except as may otherwise be permitted by the Architectural Review Committee, no exterior radio antenna,television antenna,or other antenna, satellite dish,or audio or visual reception device of any type shall be placed,erected,or maintained on any Unit,except inside a residence,and in all cases such item(s)shall be concealed from view so as not to be visible from a street or from the ground level of any unit;provided however. that any such devices may be erected or installed by the Declarant during its sales or construction upon the Units (f) No wind generators of any kind shall be constructed,installed,erected,or maintained on any Unit (g) No exterior lighting shall be installed or maintained on any Unit without the prior written approval of the Architectural Review Committee and shall either be indirect or of such controlled focus and intensity so as not to disturb the residents of adjacent or nearby property. (h) No mailboxes may be placed upon any Unit or any other part of the Common Interest Community without the prior written consent of the Architectural Review Committee. The Architectural Review Committee may require that mailbox facilities be clustered,and the related access facilities be located upon various parts of the Common Interest Community. (I) No playhouses shall be permitted without the prior written approval of the Architectural Review Committee, (j) Shrubbery's and trees shall be planted sufficiently far from a Unit property line,which shall generally be four feet, so as not to interfere with the adjacent Unit or Common Elements. 8. Vehicular Parking, Storage and repairs. (a) No house trailer,camping trailer,boat trailer,hauling trailer,boat or accessories thereto, truck (larger than 3/4 ton,)self-contained motorized recreational vehicle,or other type of recreational vehicle or equipment may be parked or stored on any Unit unless such parking or storage is: (1) within the garage area of Unit or (2)located on an asphalt or concrete surface on the Unit and suitable screened from view and approved by the Architectural Review Committee. Notwithstanding the foregoing sentence,no self-contained motorized vehicle will be permitted within any portion of the Common Interest Community in which the recorded Official Development Plan,design,guidelines,or plat therefor prohibits such vehicles. The restriction contained in the first sentence of this subparagraph shall not,however,restrict trucks or other commercial vehicles which are necessary for construction or for the maintenance,repair,or replacement of any property in the Common Interest Community,or any Improvements located thereon; nor shall such restriction prohibit vehicles that may be otherwise parked as a temporary expedient for loading,delivery,or emergency. (b) Except as herein above provided,no abandoned or inoperable automobiles or vehicles of any kind shall be stored or parked on any Unit. An "abandoned or inoperable vehicle"shall be defined as any automobile, truck,motorcycle,or other similar vehicle,which has not been driven under its own propulsion for a period of forty-eight(48)hours or longer,or which does not have an operable propulsion system installed therein;provided, however,that otherwise permitted vehicles parked by Unit Owners while on vacation(for a maximum of four(4 I weeks)or during a period of illness,shall not be deemed to be abandoned. (c) In the event the Association shall determine that a vehicle is parked or stored on any Unit for a period in excess of twenty-four(24)hours in violation of subsection(a)or(b)of this Section,a written notice describing said vehicle shall be personally delivered to the owner thereof(if such owner can be reasonably ascertained)or shall be conspicuously placed upon the vehicle(if the owner thereof cannot be reasonable ascertained) If the vehicle is not removed within a reasonable time thereafter as determined by the Association in its discretion from time-to-time,the Association shall have the right to remove the vehicle at the sole cosi and expense(including without limitation towing and storage of the vehicle)of the owner thereof. If the owner of such vehicle is a Member,then the cost and expense of removal of the vehicle shall be subject to all of the Association's rights with respect to the collection and enforcement of assessments as provided in Article IV hereof. (d) No activity such as,but not limited to,maintenance,repair,rebuilding,dismantling, repainting or servicing of any kind of vehicles,trailers,or boats may be performed or conducted on any Unit unless it is done within completely enclosed structure(s)which screen the sight and sound of the activity from the street and from adjoining property. The foregoing restriction shall not be deemed to prevent washing and polishing of any inotor vehicle,boat,trailer,motor-driven cycle,or other vehicle,together with those activities normally incident and necessary to such washing and polishing 9. Nuisances. No nuisance shall be permitted on any Unit nor shall any use,activity,or practice which is a source of annoyance or embarrassment to,or which offends or disturbs the resident of any unit,or which interferes with the peaceful enjoyment or possession and proper use of any Unit,or of any portion thereof,by its residents. As used herein,the term"nuisance"shall not include any activities of Declarant which are reasonable necessary to the development and construction of and sales activities on the Units;provided,however,that such activities of the Declarant shall not unreasonably interfere with any Unit Owner's use and enjoyment of his Unit, or wii:h any Unit Owner's ingress and egress to or from his Unit and a public way. No noxious or offensive activih shall be carried on upon any Unit nor shall anything be done or placed on any Unit which is or may become a nuisance or cause embarrassment,disturbance,or annoyance to others. Further,no immoral,improper,offensive, or unlawful use shall be permitted or made of any Unit or any portion thereof. All valid laws,ordinances, and regulations of all governmental bodies having jurisdiction over the Units,or any portion thereof,shall be observed. 10. Units Not to be Subdivided No Unit shall be subdivided,except for the purpose of combining, portions with an adjoining Unit provided that no additional building site is created thereby. Not less than one entire Unit,as conveyed,shall be used as a building site. 11. No Hazardous Activities. No activities shall be conducted on any Unit or within Improvements constructed on any Unit which are or might be unsafe or hazardous to any person or property. Without limiting the generality of the foregoing,no firearms shall be discharged upon any Unit,no open fires shall be lighted or permitted on any Unit except in a contained barbecue unit while attended and in use for cooking purposes or within an interior fireplace,or except such campfires or picnic fires on property which may be designated for such use by the Association. No fireworks shall be discharged on any Unit. 12. No Annoying Light Sounds or Odors. No light shall be emitted from any Unit which is unreasonable bright or causes unreasonable glare,no sound shall be emitted from any Unit which is unreasonably loud or annoying,and no odor shall be permitted from any Unit which is noxious or offensive to others. 13. Restrictions on Trash and Materials. No Unit shall be used or maintained as a dumping ground for rubbish,trash,garbage,or other waste or dirt. No refuse,garbage,trash,lumber,grass,shrubs,or tree clippings, plant waste,metal bulk materials, scrap or debris of any kind shall be kept, stored,or allowed to accumulate on any Unit unless placed in a suitable container suitably located solely for the purpose of garbage pickup. All equipment for the storage or disposal of such materials shall be kept in a clean and sanitary condition. No garbage or trash car is or receptacles shall be maintained in an exposed or unsightly manner. No exterior incinerators shall be permitted on any Unit. 14. Rules and Regulations. Rules and regulations concerning and governing the Units,the Common Elements,and/or this Common Interest Community, may be adopted,amended,or repealed from time-to-time by the Executive Board. The Executive Board may establish and enforce penalties for the infraction thereof; including,without limitation,the levying and collecting of fines for the violation of any of such rules and regulations. 15. Units to be Maintained;Diseased Trees. (a) All Units,the dwelling and Improvements thereon(including,without limitation,all building exteriors,lawns and landscaping,and the visible interiors of all garages and other Improvements)shall at all times be kept in a clean, sightly,and wholesome condition by the Unit Owner of the Unit. No building materials,trash, litter,junk,boxes,containers,bottles,cans,implements or machinery shall be permitted to remain upon any Unit except as necessary during the period of construction,repair,alteration,or replacement,or a provided in Section 13 of this Article. No weeds shall be permitted to grown on any Unit at a height in excess of six inched(6')or;as provided by applicable law,whichever is less. (b) The Association may at any time enter upon any portion(s)of the Common Interest Community to inspect for,prevent and control weeds in excess of the height permitted above,diseased trees and other plant life. If any such weeds,diseased or insect-infested trees or other plant life are found,the Association may spray or remove diseased trees and other plant life and take such other remedial measures as it deems appropriate. All costs and expenses thereof shall be paid by the Unit Owner of the Unit on which such work is done and shall be subject to all of the Association's rights with respect to the collection and enforcement of assessments as provided i n Article iV hereof. 16. Leases. The term"lease,"as used herein,shall include any agreement for the leasing or rental of a Unit,or any portion thereof,and shall specifically include,without limitation,month-to-month rentals and subleases. A Unit,or any portion thereof,may only be leased under the following conditions: (a) All leases shall be in writing,and a copy of the lease shall be delivered to the Executive Board or the Association's managing agent,if any;and (b) All leases shall provide that the terms of the lease and lessee's occupancy of the leased premises shall be subject in all respects to the provisions of this Declaration and the Articles of Incorporation,Bylaws, and rules and regulations of the Association. Failure by the lessee to comply with any of the aforesaid documents. in any respect, shall be a default under the lease;and (c) No lease shall be for less than thirty(30)days. 17. Management Agreements and Other Contracts. Any agreement for professional management of the Association's business or other contract providing for the services of the Declarant shall have a maximum term of three(3)years, and any such agreement shall provide for termination by either party thereto,with or without cause and without payment of a termination fee,upon not more than ninety(90)days' prior written notice;provided, however,that any such management agreement(s)entered into by the Association with a manager or managing agent prior to termination of the period of Declarant Control shall be subject to review and approval by HUD or the VA,if at the time such agreement is entered into,VA has a guarantee(s)or HUD has insurance,on one or more Security Interests. Any such agreement shall terminate absolutely,in any event,no later than thirty(30))days after termination of the Period of Declarant Control. 18. Maintenance of Grade and Drainage,Easements for Drainage and Utilities, Utility Connections (a) Each Unit Owner shall maintain the grading upon his Unit,and the Association shall maintain the grading upon the Common Elements at the slope and pitch fixed by the final grading thereof,including landscaping and maintenance of the slopes. Grading shall be maintained at all times so as to conduct irrigation and surface waters away from buildings and so as to protect foundations and footings from excess moisture. Each Unit Owner and the Association agree,for themselves and their successors and assigns,that they will not in any way interfere with the established drainage pattern over any such real property from adjoining or other real property. In the event that it is necessary or desirable to change the established drainage over any Unit or Common Elements,then the party responsible for the maintenance of such real property shall submit to the Architectural Review Committee for its review and approval,a plan for such drainage and drainage studies and soils reports from a licensed professional engineer that are sufficient,in the opinion of the Architectural Review Committee, to establish that no drainage or structural problems will be created in the Common Interest Community. Notwithstanding such approval(s),the Architectural Review Committee shall not be liable in any way for any loss or damage that may result from any change that may be made as a result of any such approval(s). For purposes of this Section,"established drainage"is defined as the drainage which exists at the time final grading of a Ur it is completed (b) Easements for the installation and maintenance of utilities,drainage facilities,public or private improvements, and access thereto are reserved as shown on the recorded plats affecting the Units and on any amendments to such plats,or as established by any other instrument of record Declarant hereby reserves for itself and the Association easements for drainage or drainage facilities across the ten(10) rear and five(5)side feet of each Unit. As more fully provided above in this Section,no improvements shall be placed or permitted to remain on any Unit nor shall any change in grading be permitted to exist which may change the direction or flow or obstruct or retard the flow of water through channels or swales within such rear and side yard drainage easements. Declarant reserves to itself and to the Association the right to enter in and upon each rear and side yard drainage easements and at any time to construct,repair,replace,or change drainage structures or to perform such grading, drainage,or corrective work as Declarant or the Association may deem necessary or desirable in their sole discretion from time to time. (c) All utility connections,including without limitation,all pipes,ducts,lines,electrical,and telephone connections and installations of wires to buildings,including television,microwave,or radio connections, shall be made underground from the nearest available source,except that during the construction of a building,the contractor or builder may install a temporary overhead utility line which shall be promptly removed upon completion of construction. 19. Use of Common Elements. An easement is hereby granted to the Declarant through the Common Elements as may be reasonable and necessary for the purpose of discharging any of Declarant's obligations or exercising any Special Declarant Rights. Subject to the immediately preceding sentence: (a) No use shall be made of the Common Elements which will in any manner violate the statures, nil es,or regulations of any governmental authority having jurisdiction over the Common Elements. (b) No Person shall engage in any activity which will temporarily or permanently deny free access to any part of the Common Elements to all Members,nor shall any person place any structure whatsoever upon the Common Elements except for a boat dock or swimming dock which has been approved by the Architectural Review Committee. (c) The use of the Common Elements shall be subject to such rules and regulations as may be adopted from time to time by the Executive Board. (d) No use shall ever be made of the Common Elements which will deny ingress or egress to those Unit Owners having access to their Units only over Common Elements,and the right of ingress and egress to said Units is hereby expressly granted. (e) Boating Rules: Each unit owner shall have the use of power and non-power water craft on :he waters of Lighthouse Cove. Any unit owner wishing to use power-craft must be a member in,good standing,pay the:fees as required,and abide by the rules of the"Lighthouse Cove Water-ski Club). The right to use power craft shall be a"right by deed". Declarant here-by reserves three(3)memberships in the lighthouse Cove Water-ski club,subject to the rules and conditions as set forth. Declarant reserves the right to use the boat lift at the "common"dock through the year 2004. 20. Residential Systems Equipment or Building Exteriors. Residential systems equipment mounted on roofs and building exteriors shall be concealed or located and detailed to integrate with the building's architecture. In no instance shall such equipment give the appearance of being"tacked on"to the exterior surfaces. Installation, change,or alteration of such items requires the prior written approval of the Architectural Review Committee and shall include,without limitation, skylights,solar panels,vents,mechanical and electrical equipment, communications equipment,security equipment,access ladders,and meters for utilities. (a) Mechanical,Electrical,and Communications Equipment: (1) All mechanical,electrical,and communications equipment,including but not limited to air conditioning,heating and soft water tanks,television antennas,cable television boxes, security apparatus, transformers,telephone boxes,and electric and gas meters must be integrated into the building design and screened from public view,or when appropriate, enclosed in a suitable accessory structure. (2) Television antennas and other communications apparatus may not be mounted on roof;or building exteriors. (b) Air Conditioning and Evaporative Cooling Units. Air conditioning and evaporative cooling units may not be located on roofs,in windows,or mounted on the sides of residential buildings. All air conditioning units shall be located at ground level,adjacent to the building they serve,and screened from public view. (c) Meters,Transformers,and Other"Boxes." Utility meters,transformers,and phone and cable boxes shall be screened from public view. Screen walls and/or landscaping are required treatments. (d) Solar Panels and Equipment. (1) If solar panels are used,they must be integrated into roof designs and positioned at the same pitches. Frames shall be similar or complementary to roof colors. (2) Related plumbing and mechanical equipment shall be enclosed and/or screened from view. (e) Gutters and Down-spouts. (1) Gutters and down-spouts shall be integrated into the design of buildings and appear as a continuous architectural element. Drainage solutions shall be unobtrusive to the overall building (2) Unless copper is used,the colors of exposed gutters and down-spouts shall match those of i he surfaces to which they are attached. (3) Down-spouts shall be located on vertical members in inconspicuous locations. (f) Flashing and Sheet Metal. All flashing,sheet metal,vent stacks,and pipes shall be colored to match the material to which they are attached or from which they project. 21. Accessory Structures and Equipment. Allowed accessory structures shall be integrated with of compatible to the primary buildings they serve. Only those structures and equipment allowed by the prelim nan development plan,and not excluded herein,shall be permitted. (a) Accessory Buildings and Service Structures. Accessory buildings such as garden sheds,utility storage,and greenhouses are permitted only if attached to primary structures and successfully integrated into the residential architecture. If permitted by the Architectural Review Committee,patio shade structures and gazebos shall be compatible with the architectural styles of their related homes. (b) Antennas and Satellite Dishes. Citizen band radio antennas and satellite dishes are not permitted as accessory structures. The appropriateness of any other external antennas as an accessory structure shall he determined on a case-by-case basis by the Architectural Review Committee. (c) Recreational Structures for Common Uses. Structures designed for common recreational purposes, including but not limited to recreation facilities,picnic shelters,and gazebos,shall offer similar forms,textures. colors,and materials as demonstrated in the development's residential buildings. 22. Idaho Creek and Lake. No Unit Owner shall dump any substance(such as but not limited to chemicals,waste,toxins,grass clippings,trash,animal excretements)in or around the Idaho Creek Ditch or in r he lake. No structures,whether temporary or permanent,shall be constructed within fifteen(15)feet of the Idaho Creek Ditch property. 23. Removal of Dirt. No dirt shall be placed or permitted to accumulate upon any property within the Common Interest Community. All Unit Owners do hereby appoint and make the Association their agent for the purpose of removing such accumulations of dirt from any portion of the Common Interest Community. In the event that any Unit Owner permits any dirt to be placed upon or to accumulate upon his own Unit,any other Unit, or any other property,the Association may cause such dirt to be removed at the sole expense of such Unit Owner after providing such Unit Owner with written notice of violation of the Section at least two(2)business days prior to such removal. In the event such Unit Owner fails to pay the cost thereof within ten(10)days after receiving an invoice therefor,then such amount(s)shall be subject to all of the Association's rights with respect to the collection and enforcement of assessments as provided in Article IV hereof. 24. Garage Sales. No garage,patio,porch,or lawn sale shall be held on any Unit,except that the Unit Owner of any Unit may conduct such a sale under the following conditions: the items sold must be only such Unit Owner's own furniture and furnishings,not acquired for purposes of resale,and such sale must be held at such time and in such manner as not to disturb any other resident of the area, and such sale must be held in full compliance with all ordinances,statutes,resolutions,and rules and regulations of the Association and all governmental entities with jurisdiction there-over. 25. Fencing No fence or exterior wall shall be erected,placed,or altered on any Unit nearer to any street than the minimum building setback lines. Further,no such fencing shall exceed fifty two(52)inches in height or as allowed by applicable law,whichever is lesser. Any and all fencing materials shall be restricted to cedar split rail,PVC 2 or 3 rail,or such other materials as may be approved in advance by the Architectural Review Committee. All fence designs and specifications for fences shall be approved in advance by the Architectural Review Committee. All fences in place at the time any Unit Owner acquires a Unit shall be maintained in a first- class condition by such Unit Owner. 26. Restriction on Access. Vehicular access to and from any Unit shall be limited to curb cuts anti driveways installed by the Declarant or approved by the Architectural Review Committee,which provide such access to private or public streets. The Unit Owners of all Units are hereby specifically denied vehicular and pedestrian access to and from their Units,from or to any other Unit,or any portion of the Common Interest Community unless approved by Weld County and/or the Architectural Review Committee as appropriate. ARTICLE X PROPERTY RIGHTS IN THE COMMON ELEMENTS 1. Unit Owners' Easements. Subject to the provisions of Article IX, Section 20 hereof and to this Article X,every Unit Owner shall have a non-exclusive right and easement for the purpose of access to their Units and for use for all other purposes in and to the Common Elements. Such easement shall be appurtenant to and shall pass with the title to every Unit. 2. Extent of Unit Owners' Easements. The rights and easement created hereby shall be subject to the following: (a) The right of the Association to borrow money for the purpose of improving the Common Elements and to mortgage said property as security for any such loan;provided,however,that the Association may not subject any portion of the Common Elements to a Security Interest unless such is approved by Members casting at least eighty percent(80%)of the votes in the Association,including eighty percent(80%)of the votes allocated to Units not owned by the Declarant; and (b) The right of the Association to take such steps as are reasonable necessary to protect the Common Elements against foreclosure; and (c) The right of the Association to promulgate and publish rules and regulations with which each Member shall strictly comply,including,but not limited to,the rights of the Association to regulate and/or restrict vehicular parking and Improvements; and (d) The rights of the Association to suspend the voting rights of a Member for any period during which any assessment against his Unit remains unpaid and,for a period not to exceed sixty(60)days,for any infraction of the Association's by-laws or rules and regulations;and (e) The rights of the Association to dedicate or transfer all or any part of the Common Elements owned by the Association to any public agency,authority,or utility for such purposes and subject to such conditions as may be agreed to by the Members,provided that no such dedication or transfer shall be effective unless first approved by the Members entitled to cast at least eighty percent(80%)of the votes in the Association, including eighty percent(80%)of the votes allocated to Units not owned by the Declarant,and unless written notice of the proposed agreement and the proposed dedication or transfer is sent to every Member at least thirty (30)days in advance of any action taken. Notwithstanding the foregoing,the granting of permits,licenses,and easements for public utilities,roads,or other purposes reasonably necessary or useful for the proper maintenance or oceration of the Common Interest Community,as well as the granting of easements,leases,licenses,and concessions through or over the Common Elements,shall not be deemed a transfer within the meaning of this subsection(e); and (f) The right of the Association,through its Executive Board,to enter into,make,perform,or enforce any contracts,leases,agreements,licenses,easements,and rights of-way for the use of real property or Improvements by Unit Owners,other persons,their family members,tenants,guests,and invites for any purpose(s)the Executive Board may deem to be useful,beneficial,or otherwise appropriate. Without limiting the generality of the foregoing,the Executive Board shall have the right,but not the obligation,to offer voluntary subscriptions to non-Unit Owners to use any amenities or other portion(s)of the Common Elements on sue n terms and subject to such conditions,and for such fees or other amounts,as the Executive Board may at any time from time-to-time,determine in its sole discretion;and (g) The right of the Association to close or limit the use of the Common Elements while maintaining, repairing,and making replacements in the Common Elements. 3. Use of Common Elements. The Common Elements shall be available to all Unit Owners,their family members,and guests and for their general use and benefit involving activities such as walking,hiking,jogging, bicycling,socializing,picnicking,family outings,photography,etc. which do not adversely impact general use of the Common Elements by persons with such a right to use. Unit Owners shall not be permitted to construct any structures with the exception of a boat or swim dock pre-approved by the Architectural Review Committee or place any permanent improvements upon the Common Elements or enclose any portion of the Common Elements. 4. Delegation of Use. Any Unit Owner may delegate his rights of use of and access over the Common Elements to the members of his family residing with the Unit Owner,his tenants,or contract purchasers who reside on his Unit. 5. Payment of Taxes or Insurance by Security Interest Holders. Security Interest Holders shall have the right,jointly or singly,to pay taxes or other charges of assessments which are in default and which may or have become a lien against the Common Elements and may pay overdue premiums on hazard insurance policies or secure new hazard insurance coverage on the lapse of a policy for the Common Elements,any Security Interest Holders making any such payments shall be owed immediate reimbursement therefor from the Association. 6. Conveyance or Encumbrance of Common Elements. (a) Portions of the Common Elements may be conveyed or subjected to a Security Interest by the Association only if persons entitled to cast at least eighty percent(80%)of the votes in the Association,including eighty percent(80%)of the votes allocated to Units not owned by a Declarant,agree to that action. (b) An agreement to convey Common Elements or subject them to a Security Interest must be evidenced by the execution of an agreement,or ratification thereof,in the same manner as a deed,by the requisite number of Unit Owners. The agreement must specify a date after which the agreement will be void unless recorded before that date. The agreement and all ratification's thereof must be recorded in Weld County and will be effective only upon recordation. (c) The Association,on behalf of all Unit Owners,may contract to convey an interest in the Common Interest Community pursuant to subsection(a)of this section;but the contract is not enforceable against the Association until approved,executed,and ratified. Thereafter,the Association has all powers necessary and appropriate to effect the conveyance or encumbrance,including the power to execute deeds or other instruments (d) Unless in compliance with this Section,any projected conveyance,encumbrance,judicial sae or other transfer of Common Elements is void. (e) A conveyance or encumbrance of Common Elements pursuant to this Section shall not deprive any Unit if its rights of ingress and egress to the Unit and support of the Unit. (f) A conveyance or encumbrance of Common Elements pursuant to this section does not affect the priority or validity of pre-existing encumbrances ARTICLE Xl GENERAL PROVISIONS 1. Enforcement. Enforcement of the covenants,conditions,restrictions,easements,reservations, rights- of-way,liens,charges,and other provisions contained in this Declaration,the Articles of Incorporation,by-Laws or rules and regulation of the Association,as amended,may by any proceeding at law or in equity against any person violating or attempting to violate any such provision. The Association and any aggrieved Unit Owner shall have the right to institute,maintain,and prosecute any such proceedings. The Association shall further have the right to levy and collect fines for the violation of any provision of any of the aforesaid documents. For each claim, including but not limited to,counterclaims, Cross-claims,and third-party claims in any legal proceeding to enforce the provisions of the Act or of this Declaration,or the Association's Articles of Incorporation,Bylaws , or rules and regulations,the court shall award to the party prevailing on such claim the prevailing party's reasonable costs and attorneys'fees. Further,any person(including the Association)who is adversely affected by another person's failure to comply with any of the aforesaid documents may require reimbursement for reasonable costs and attorneys'fees for such failure to comply,without the necessity of commencing a legal proceeding Failure by the.Association or any Unit Owner to enforce any covenant, restriction,or other provision herein contained or any other provision of any of the aforesaid documents,shall in no event be deemed a waiver of the right to do so thereafter. 2. Severability. All provisions of the Declaration,the Articles of Incorporation,and Bylaws of the Association are severable. Invalidation of any of the provisions of any such documents by judgment,court order. or otherwise shall in no way affect or limit any other provisions which shall remain in full force and effect. 3. Conflict of Provisions. Except to the extent that any provision of this Declaration is inconsistent with the Act(in which case the Act shall control),in case of any conflict between this Declaration,the Articles of Incorporation,or Bylaws of the Association,this Declaration shall control. In case of any conflict between the Articles of Incorporation and the Bylaws of the Association,the Articles of Incorporation shall control. 4. Duration,Revocation,and Amendment. (a) Each and every provision of this Declaration shall run with and bind the land for a term of thirty (30) years from the date of recording of this Declaration after which time this Declaration shall be automatically extended for successive periods of ten(10)years each. Except as provided in subsection(d)of this Section 4,this Declaration may be amended during the first thirty(30)year period,and during subsequent extensions thereof,by a vote or agreement of owners of Units to which at least sixty-seven percent(67%)of the votes in the Association are allocated (b) No action to challenge the validity of an amendment adopted by the Association pursuant to this Section may be brought more than one(1)year after the amendment is recorded. (c) Every amendment to the Declaration must be recorded in Weld County,Colorado,and is effective only upon recordation. (d) Except to the extent expressly permitted or required by other provisions of this Declaration or under the Act,no amendment may create or increase Special Declarant Rights,increase the number of Units,or change the boundaries of any Unit or the Allocated Interests of a Unit,or the uses to which any Unit is restricted, in the absence of unanimous consent of the Unit Owners. (e) Amendments to the Declaration that are required by this Declaration to be recorded by the Association may be prepared,executed,recorded,and certified on behalf of the Association by any officer of the Association designated for that purpose,or in the absence of designation,by the president of the Association. 6. Registration of Mailing Address. Each Unit Owner and each Security Interest Holder,insurer or guarantor of a Security interest shall register his mailing address with the Association. Except for annual statements and other routine notices,all other notices or demands intended to be served upon a Unit Owner or upon a Security Interest Holder,insurer or guarantor of a Security Interest,whether by the Association or any Unit Owner,shall be sent by either register or certified mail,postage prepaid,addressed in the name of such person at such registered mailing address However,if any Unit Owner fails to notify the Association of a registered address, then any notice or demand may be delivered or sent as aforesaid to such Unit Owner at the address of such Unit Owner's Unit. All notices,demands,or other notices intended to be served upon the Executive Board or the Association shall be sent by registered or certified mail,postage prepaid to the registered address of the Association. 7. Description of Units. A description of a Unit may set forth the name of the Common Interest Community,the recording data for the Declaration,the county in which the Common Interest Community is located,and the identifying number of the Unit. Such description is a legally sufficient description of that Unit and all rights,obligations,and interests appurtenant to that Unit which were created by the Declaration or Association Bylaws. It shall not be necessary to use the term"unit"as a part of a legally sufficient description of a Unit 8. Termination of Common Interest Community. Except in the case of a taking of all the Units by eminent domain,this Common Interest Community may be terminated only by agreement of Unit Owners of Units to which at least sixty-seven percent(67%)of the owners of Units to which at least sixty-seven percent(67%)of the votes in the Association are allocated and in accordance with the Act. 9. Transfer of Special Declarant Rights. A special Declarant right created or reserved under this Declaration may be transferred only by an instrument evidencing the transfer recorded in Weld County, Colorado. The instrument is not effective unless executed by the transferee. 10. Eminent Domain. If any portion of the Common Interest Community is acquired by eminent domain, then such taking shall be done in accordance with and governed by Colorado law(including without limitation,the applicable provisions of the Act.) 11. Association as Trustee. With respect to a third person dealing with the Association in the Association's capacity as a trustee,the existence of trust powers and their proper exercise by the Association may be assumed without inquiry. A third person is not bound to inquire whether the Association has the power to act as trustee or is properly exercising trust powers. A third person without actual knowledge that the Association is exceeding or improperly exercising its powers is fully protected in dealing with the Association as if it possessed and properly exercised the powers it purports to exercise. A third person is not bound to assure the proper application of trust assets paid or delivered to the Association in its capacity as trustee. 12. Dedication of Common Elements. Declarant,in recording this Declaration of Covenants,Conditions, and Restrictions,has designated certain areas of land as Common Elements intended for the common use and enjoyment of Unit Owners for recreation and other related activities. The Common Elements owned by the Association is not dedicated hereby for use by the general public,but is dedicated to the common use and enjoyment of the Unit Owners(and perhaps other persons,)as more fully provided in this Declaration of Covenants, Conditions,and Restrictions. IN WITNESS WHEREOF,the undersigned,being the Declarant herein,has hereunto set its hand and seal this day of _, 19 . REFERRAL LIST NAME: Lefever& Miles/Lighthouse Cove CASE NUMBER: S-522 REFERRALS SENT: January 11, 2000 REFERRALS TO BE RECEIVED BY: February 1, 2000 COUNTY TOWNS and CITIES __Attorney Ault _X Health Department Brighton __Extension Service Broomfield __Emergency Management Office Dacono X_Sheriffs Office Eaton _X_Public Works Erie Housing Authority Evans Airport Authority _X Firestone _X Building Inspection Fort Lupton Code Enforcement _X 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 _X 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 E3riggsdale F-24 Nunn Brighton F-3 Pierce Eaton F-4 Platteville Fort Lupton F-5 Severance Galeton F-6 Thornton Hudson F-7 Windsor ..ohnstown F-8 E.a 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 F'oudre 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 _X School District RE-1J Greeley Ditch Company _X_Longmont _X_Ginny Shaw _West Adams COMMISSION/BOARD MEMBER • o MEMORANuUM TO: Julie Chester DATE: February 17, 2000 1 FROM: Diane Houghtaling P.E., Traffic Engineer Dm Or ' C SUBJECT: S-515: Lighthouse Cove, Phase 2 COLORADO I had a conversation with Shani Eastin of TuttleApplegate yesterday, February 16th, about ae:c, ss and drainage issues for phase two. I apologize that these comments are late. I didn't realize h,?re would be no Change of Zone and the next stage was Final Plat. Access: The intersection of the phase two/phase one/WCR 7 is not desirable. The developer mill be required to separate the intersection into two separate intersections. This can be accomplished by moving the phase two road west on the phase one road or connecting directly to WCR 7 If!he developer chooses to connect directly to WCR 7, an analysis of sight distance to the bridge will be required. Drainage: The sketch plan had a brief description of how they will address drainage issueE.. 11m not confident they have studied this satisfactorily. Shani assures me they will satisfactorily re sc ye my concerns at the final plat stage. If you have any questions, please contact Diane Houghtaling, Traffic Engineer, at (970)356-4(00 Ext. 3750. P.C.: S-515 M:WPFILES\diane\S-515.wpd thiefCounty Planning L FEB 23 2000 RECEIVED MEMORANDUM (1 ' C. TO: Anne Best-Johnson, W.C. Planning DATE: Janu -, 2000 O FROM: Trevor Jiricek, W.C. Health Departme COLORADO SUBJECT: WiRaightmecpv on LaFaver The Weld County Department of Public Health and Environment has reviewed this proposal. Our staff have observed the proposed site. We have also reviewed and commented on the sketch plan and change of zone submittals for this development. This application appears to be very simi lat to the previous submittals. As a result, our comments are similar to those submittal for the change of zone. They are as follows: The application has satisfactorily addressed water and sewer service. Water will be provided by the Left Hand Water District and sewer will be provided by the St. Vrain Sanitation District. We recommend that the following conditions be a part of any approval: 1 ) The applicant shall obtain water and sewer service from the Left Hand Water District and the St. Vrain Sanitation District. 21 In the event that 5 or more acres are disturbed during the construction and development of his site, the applicant shall obtain a stormwater discharge permit from the Water Quality Control Division of the Colorado Department of Public Health and the Environment. Silt fences shall be maintained on the downgradient portion of the site during all parts of the construction phase of the project. 3) During development of the site, all land disturbance shall be conducted so that nuisance conditions are not created. If dust emissions create nuisance conditions, at the request of he Weld County Health Department, a fugitive dust control plan must be submitted. 4) In accordance with the Regulations of the Colorado Air Quality Control Commis; n any development that disturbs more than 5 acres of land must incorporate all available and practical methods which are technologically feasible and economically reasonable in order to mi mmize dust emissions. a) If land development creates more than a 25 acre contiguous disturbance,or exceeds 6 months induration, the responsible party shall prepare a fugitive dust control plan, submit an air pollution emissions notice, and apply for a permit from the Colorado Department of Public Health and Environment. 5) The "Right to Farm" covenant shall be placed on any recorded plat. ci county pl,,nn f g l.)op, r,NI 27 21;01 tj's522 RECEIVED MEMORANDUM TO: Anne Best Johnson DATE: February 14, 2000 FROM: Diane Houghtaling P.E., Traffic Engineer IV, . I C. SUBJECT: S-522: Lighthouse Cove COLORADO Public Works has the following requirements; Plat: A north arrow and scale shall be placed on the plat. The 20' of additional right-of-way should be dedicated per this plat and not labeled future. The cul-de-sac right-of-way radius shall be 65' Impact Fee: This project lies within the southwest road impact fee area. If you have any questions, please contact Diane Houghtaling, Traffic Engineer, at (970)356-4000 Ext. 3750. P.C.: S-522 M:\JVPFI LES\diane\S-522.wpd Ptann"c‘ a ,d CouniY e' St. Wain Valley School L itrict RE-1J New '`aft ' Prat Parkway • Longmont • CO • 80501-6499 tt'JOSPR /449-4978 • FAX 303-682-7343 January 25, 2000 a Anne Best Johnson IAN 3 i 2000 Weld County Department of Planning Services 1400 N. 17th Ave. Greeley, n E C E I V `D Greeley, Co 80631 R LG RE: taillidrVitaMVEIr and Miles Final Plan (Part of the NE 1/4 Sec. 16, T2N, R68W) Dear Anne Thank you for referring the Lighthouse Cove/Don Lafaver Final Plan to the School District. The projected student impact upon the St. Vrain Valley School District of the 10 single family units on 57 acres is a total of 7 students. Any students living in this subdivision would attend Mead Elementary School, Mead Middle, and Skyline High School under the present school boundaries. However, due to potential growth in these schools this development and other existing developments in this feeder could be placed in another attendance area in the future. Bus transportation would likely be required. THIS PROPOSED DEVELOP " .: ;c I . , 4 Building Oct. 99 Student Projected Over I '- s Capacity] Enrollment, Impact Enrollment CAP— Elementary 504 708 4 712 Yes R" Middle 397 394 1 395 Yes +1 High 1299 1309 2 1311 Yes I It 7 The District is on record as not opposing growth so long as the growth is planned and is manageable from a student enrollment stand point. This development will impact all levels of schools in the current attendance area. In addition, there are other approved developments in these attendance areas which will together with this proposal, have a significant cumulative impact on these schools. As the volume of developments increases in the Mead Elementary area with no alleviation of the existing overcrowded conditions, the ability to provide the same quality education for these new students that is provided students in other areas becomes increasingly difficult. Therefore, the District would oppose this development because it adds to the enrollment of an already overcrowded school. Should this proposal be considered for approval, the District would request the cooperation and participation of the developer and County in implementing a separate agreement for the entire development to help mitigate the impacts on the schools. This agreement would include the calculation and payment of an appropriate cash in-lieu of land dedication fee to address the capacity concerns at these schools (per the attached chart). Please let me know if you have any further questions. Sincerely, 4-1) Stott Toil ion, AICP Planning Specialist "Excellence - Our Only Option" Exhibit A School Planning Lighthouse Cove Standards And Calculation of hi Lieu Fees Single Fam y _ School Planning Standards Number Projected Student Site Size Acres of Developed Of Student Facility Standard Land Land Cash-in-lieu Units Yield Standard Acres Contribution Value Contribution Elementary 10 0.35 525 10 0.07 $25,100 3.5 Middle Level l 10 0.14 750 25 0.05 $25,100 1 .4 High School 10 0.17 1200 40 - 0.06 $25,100 1 .7 Total 6.6 0.17 $25,100 $4,267 Single Family Student Yield is .66 $427 Per Unit 1 /27/00 INI�NINN�INNNNNNNNNIII� INI NII E 5,3 LagoonA>,0,00 0 n�JO'Ruhid CountyTCkseist C WARMNTY DEED THIS OM. MN.Oh 29tS day et Oc coheir .19 96 . kir%. Oraam, Jr. also known as Jay L. arena. Jr. aide County of Wald ad3Wa at Colorado viola toil Llphthouse Cava LLC .hots legal.ddnn)e 4i60 N. 109th Strait, Lafayette, CO 60026 dills county of Weld ad Mela of Colorado .gnMs'; W1TH65SRTII,Thal the paint.fur aat'm aodaldt orSean of EIGHT HUNDRED SEVENTY FIVE TOMS= AND N0/100 DOLLARS.(.3,y175,000.00 I. Os mar%and Witham*of wank la baby aenMgagaSged,11 gaw bsgatd,sold and coal*,'tad by die room Aar pent bvjuo,ell convey ad mann,n.nth We moan Mill an ad awl femvm.all Its reel pvpany OgaMT with (mpflveneoU,If ay.emit Iyng Ind Ming in the County at Wild end Slat of Colorado. datibcd us fellow:. Thu N 17; of the NE 1/4 of action 16, To.,r,ehtp 2 North. Ranpa 66 Ncat ot th• 6th D.M.. County of We1d. Staco ot Colorado doeknowa by matlnd number as 9777 Weld County Road 7. Longmont, Coloreds. 60504 TOOLTNGP with SO and.np4f Ibr M nlil, cma nit eppmvnhaaa Melwmlo belonging.et In Mywee rppuWain6,end the fratP0n ad Mt.ombbdel end wmdtldla.Nat.has ad parae&area.and ill ed aala•,right.ado.iMrssl. ela4n and Mlmed wh.weene el the Irast,Whew is low of a9Y)ly of it sM to IS Pawn bipthsd famine with die tlaNIWwW sae hpptuiainae. TO HAWN AHD TO HOLM Ma and amisoe am lwpirl sail Saliba s em W•ntttnaaes,wee lit vamp.Ith Men ad nave foram. MI IM swoon for himself.Mi bar ad peal etlwawe'lyrr,doss ewee,n Iral beepb,me .Dee is d wi4 lbs waist.NI bag rN saps.(MI ea Me limo of an.wdlot and d.G.my of Uwe paalt he I.well wired if Um pnela Mae conveyor.am pad.a a,plfct aathS all ivafsllltle mime el ingrate.n low, k. foe.inph.aN hY pad sight roil poet raal lawful aibtky to gent heroin,nil Ind co n+y Ibu sills In Meta ad form Y Ilunelid.ad the der vile Ill gm ad dot gem ON former mil eta pat.bapme,"la,hole Imo.a laSal N, sreunblwwna e.e1 tswieUoM or mars tied Or was MOM nepl fetter ter Me elan yeas Enlist not yee 4v.or pphle,N andls,talekieM rrieno4aIE ns•Is sad rIghCm1MN N MOAN Ty The halms se a sedw)UWARRANT ANUFORP..VRR DEPEND 9a Mvrsbwpahsdpamiaa in Ow tad a and man Meru.. Pal of the gneka.hie MIN ad soigne sputa all ad awl ponen e.poet&lowf,U9 Chemins W wlalo a sty to°coal. The anon anon Nail'Adak 0.plural,the piss lb.Wpla.ad Me Ind my pets all be.pplinbk Y ell mum. W WIEN=V WNRR6WP.die gnaw his mond th*dsid an lM sow t bill.bey.. J. L. Groan, Jr. alto )shown is Jay L. Croon. Jr. plan/ zbIL/ - orbs ptpgrgwn,tb raidad won m.its 29th ley PI OOtOCir .1996 ,by r , f r. 'also known as Jay L. Croua, Jr. O .T .J1r ' ec pool. (/..)'t_ )e C:/ wIMP my had wed*Mal ad. tio•sie am, Mr AYt�P11 "tart Put( tA(Mnfl 0(W on rangy..hk memo anema Mee U)IIH61a . NIMIOI Writ 99- .3 Report Date: 12/17/1999 08:55AM WELD COUNTY TREASURER Page: 1 CERTIFICATE OF TAXES DUE CERT#: 16338 SCHEDULE NO: R5623386 ORDER NO: ASSESSED TO: VENDOR NO: LIGHTHOUSE COVE LLC TUTTLE APPLEGATE 4480 N 109TH STREET LAFAYETTE, CO 80026 LEGAL DESCRIPTION: 25146-A N2NE4 16 2 68(1R 1D) SITUS: 9777 7 CR 1 LONGMONT 80504 PARCEL: 131316000034 SITUS ADD: 9777 7 CR LONGMONT TAX YEAR CHARGE TAX AMOUNT INT AMOUNT ADV,PEN,MISC TOTAL DUE TOTAL TAXES 0.00 TAX YEAR ASSESSMENT ASMT AMOUNT INT AMOUNT ADV,PEN,MISC TOTAL DUE TOTAL ASMT 0.00 TAX YEAR TAX LIEN SALE TLS AMOUNT INT AMOUNT REDEMPT FEE TOTAL DUE TOTAL STATEMENT 0.00 GRAND TOTAL DUE GOOD THROUGH 12/17/1999 0.00 ORIGINAL TAX BILLING FOR 1998 TAX DISTRICT 1303- Authority Mill Levy Amount Values Actual Assessed WELD COUNTY 22.038 210.70 Land 576 170 SCHOOL DIST RE1J 49.635 474.51 Exempt 0 0 NCW WATER 1.000 9.56 Improve 77688 9390 LEFT HAND WATER 0.000 0.00 MTN VIEW FIRE(BOND 0.878 8.39 Total 78264 9560 WELL)LIBRARY 1.449 13.85 MOUNTAIN VIEW FIRE 7.817 74.73 82.817 791.74 - TAXES FOR 1998 FEE FOR THIS CERTIFICATE 10.00 ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE: CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY AND MOBILE HOMES -AUGUST 2. REAL.?ROPERTY-AUGUST 2. TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIERS CHECK. SPECIAL TAXING DISTRICTS AND THE BOUNDARIES OF SUCH DISTRICTS MAY BE ON FILE WITH THE BOARD OF COUNTY COMMISSIONERS,THE COUNTY CLERK,OR THE COUNTY ASSESSOR. This certificate does not include land or improvements assessed under a separate schedule number,personal property taxes, transfer tax or misc. tax collected on behalf of other entities,special or local improvement district assessments or mobile homes,unless specifically mentioned. I,the undersigned,do hereby certify that the entire amount of taxes due upon the above described parcels of real property and all outstanding sales for unpaid taxes as shown by the records in my office from which the same may still be redeemed with the amount required for redemption are as noted herein. In witness whereof, I have hereunto set my hand : eal'thihiss 7tha dad of December,ce ��1999 TREASURER, WELD COUNTY, ARTHUR L. WILLIS II, BY • SG�Y� C�/997' P.O. Box 458 Greeley, CO 80632 (970)353-3845 ext. 3290 AFFIDAVIT OF INTEREST OWNERS :SURFACE ESTATE Legal Description: Lot B of RE-2330, pt. of the N2 NE4 16-2-68 _ THE UNDERSIGNED, being first duly sworn, states that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners' of property (the surface estate)within five hundred (500) feet of the property under consideration. This list was compiled from the records of the Weld County Assessor, or an ownership update from a title or abstract company or attorney, derived from such records, or from the records of the Weld County Clerk and Recorder. The list compiled from the records of the Weld County Assessor shall have been assembled within thirty days of the application's submission date. k a,i Le t L rpta(,;qt ft Signature PUD CHANGE OF ZONE: NAMES OF OWNERS OF PROPERTY WITHIN 500 FEET Please print or type: NAME ADDRESS, TOWN/CITY, ASSESSOR'S PARCEL STATE AND ZIP CODE IDENTIFIC ZION# 1. Reath, Carl 6, Mary 1328 S. Terry St. Lonznont. 131316000083 2. Coufal, Richard 6 Rochelle 9701 Weld County RD 7, Longmont 1313161100009 3. Duckworth, Robert $ Eva 2719 Weld County RD 20 ?, Longmont 131315000010 4. Cooley Gravel Co. 3605 S. Teller Rd. . Lakewood 131315000031 5. Copper, John 9998 Weld Caunty_RD 7, Longmont 1313,1,5000079 6. Benedict Malcolm 7595 Canynn Blvd #160, nonldrr 131315000080 _ 7. Jacobson, John & Delores 7320 West 95 Avg. . Broomfield 1313.1L111101 8. Hollenbeck. Kirk 6 Ramona 10003 Weld County RD 7, T.nngmnnt 1313111004037 9, Koldeway, Richard 10465 Weld County RD 7. Longmont 1313090O)072 10. Palermo. Timothy 3715 Brighton Blvd Denver 1313.09000074 11. Gomez, Wayne 10473 Weld County RD 7, Longmont 131309000075 12. Temperature Processing Co. . Inc. 10477 Weld CO RD 7, Longmont 131311.)000035 13. Cooley Gravel Co. 3605 S. Teller St. , Lakewood 131309000004 14. Camenisch, Philip 10504 Weld County RD 7, Longmont 13131!)1100038 _ AFFIDAVIT OF INTEREST OWNERS: MINERALS AND SURFACE ESTATE Legal Description: Lot B of RE-2330, pt. of the N2 NE4 16-2 -68 THE UNDERSIGNED, being first duly sworn, states that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners'of minerals on the subject property under consideration. This list was compiled from the records of the Weld County Assessor, or an ownership update from a title or abstract company or attorney, derived from such records, or from the records of the Weld County Clerk and Recorder. The list compiled from the records of the Weld County Assessor shall have been assembled within thirty days of the application's submission date. 'cr( (f/ IL ��Y�7` jl"C�c17/ ygnature PUD CHANGE OF ZONE: NAMES OF MINERAL OWNERS AND LESSEES ON SUBJECT PROPERTY Please print or type ADDRESS,TOWN/CITY, NAME STATE AND ZIP CODE J.L. Groom and Nancy Groom Route 4 Longmont, CO Amoco Production Company Security Life Building 1670 Broadway, Denver, CO 80202 Antara/Vessels 475 17th Street, Suite 420, Denver, C0 80202 13 AGENDA WELD COUNTY UTILITY BOARD MEETING Thursday, February 10, 2000 (CORRECTED) Please contact Trisha Swanson at 353-6100 Ext. 3528, if you are unable to attend the meeting 10:00 a.m. - Public Meeting of the Weld County Utility Board Meeting, Weld County Planning Department Conference Room 210, 1555 N. 17th Avenue, Greeley, Colorado. 1. CASE NUMBER: S-522 APPLICANT: LaFavor/ Lighthouse Cove PLANNER: Julie Chester LEGAL DESCRIPTION: N2 NE4 of Section 16, Township 2 North, Range 68 West of the 6th P.M., Weld County, Colorado. LOCATION: Approximately 1.25 mile south of SH 119; west of and adjacent to WCR 7 REQUEST: Final Plan for 10 Lot PUD 2. CASE NUMBER: S-523 APPLICANT: JER, a Partnership PLANNER: Chris Gathman LEGAL DESCRIPTION: Part of the SW4 of Section 26, Township 5 North, Range 66 West of the 6th P.M., Weld County, Colorado. LOCATION: East of and adjacent to 47th Ave; north and adjacent to Mesa Verde Drive REQUEST: Major Subdivision Final Plat for Hill *n* Park 5th Filing 3. REQUEST: Consideration of new member(s) to represent rural ditch companies. PLANNER: Monica Daniels-Mika SUBDIVISION/MULTIPLE TAP SERVICE AGREEMCOPY DEL CAMINO ZONE 1. PARTIES. The parties to this Agreement are the LEFT HAND WATER DISTRICT, a title 32 special district, ("District")and Don LaPaver for Lighthouse Cove,LLC ("Applicant"). 2. RECITALS AND PURPOSE. The Applicant is the owner of certain property to be developed. as described herein. The District is a special district organized under Colorado law which provides treated water service to its customers for which monthly service charges are made. The Applicant desires to purchase water tap; for the development project. The purpose of this Agreement is to set forth the terms and conditions concerning the District's supplying such domestic water service to the proposed project. Accordingly, the parties agree to the following provisions in consideration of the mutual covenants set forth herein. 3. LEGAL DESCRIPTION OF PROJECT.For purposes of this Agreement,the term "project' shall mean the property described on Exhibit A which is attached and incorporated herein, and which is known as Llathouse Cove Subdivision. The Applicant agrees to furnish a reproducible copy of the preliminary plat to the District and said plat is expressly incorporated in this Agreement. Any change or alteration in tie area, size,shape,density,usages,requirements,tap equivalents needed,or timing of development of the subdivision which may affect the number of tap equivalents required for the project or the method or manner of the provision of water to or within the project shall first require the written approval of the District. 4. TAPS NEEDED FOR PROJECT COMPLETION. For purposes of this Agreement,the term"tap" sh211 mean that size of a connection to one of the District's treated water distribution lines and which is utilized and designed for a single family or its equivalency pursuant to the District's rules and regulations. The total number of units for the project will be 18 . Applicant requests and agrees to purchase, and District commits to sell, 18 tap equivalents pursuant to this Agreement. 5. TAP PURCHASE. The Applicant hereby tenders to the District a check in the amount of $_i4 234.00 representing pre-payment of 40% of the current plant investment fee and storage surcharge components of the total tap fee charged by the District for 18 taps,with a deferral of the other components of the tap fees,including transfer of the raw water units required by this Agreement,until anticipated activation of the tap. 5.1 Applicant agrees to complete the purchase of the 18 committed taps by payment of the remaining components of the then applicable tap fee, excluding the raw water component, in accordance with the following schedule, provided that any taps purchased in full in any given year in excess of the minimum specified below shall be credited to the following year's minimum: 3 taps in year 1 3 taps in year 2 4 taps in year 3 _4 taps in year 4 4 taps in year 5 8020'd 6SL22SP20£ Ol BES2 9ES E0E s(1 a3NNHB T13fl0lOD dd TO:LT 66, S0 l0'N 5.2 In the event that the Applicant fails to complete the purchase of the minimum number of taps in each year specified above, or fails to complete the purchase of all 18 taps by August 12,2004 the District shall retain the 40% deposit and the raw water shares/units transferred hereunder as liquidated damages and the obligation of the District to provide further taps shall be terminated. The undersigned acknowledges that by extending this Agreement,the District has agreed to commit a definite portion of the total capacity of its system to the Applicant and therefore must look to the Applicant for performance of its obligations to purchase the committed taps in order for the District to meet its financial obligations 5.3 In the event of an intended increase in the tap fee charges(excluding the raw water component) District agrees to give notice of the proposed increase to the Applicant at least 30 days in advance of the effective date of such increase. 5.4 Upon completion of the improvements, the Applicant shall give District 90 days advance notice of its intention to physically connect the development to the District's lines and facilities to effectuate the raw water transfers. Applicant shall,before any such connection is made,transfer the raw water and pay the balance of any amounts due and owing for such tap fees, including without limitation, the raw water component (if water is not transferred to District) and other components of the tap fee, in accordance with the District's then applicable fee schedule 6. RAW WATER TRANSFER. 6.1 As a condition of activation of the purchased taps, Applicant shall transfer 1.32 units of Colorado-Big Thompson Project water, administered by the Northern Colorado Water Conservancy District, for each tap purchased. The cash value of any excess units transferred to meet this requirement shall be applied or credited to the balance of the remaining tap fees due and owing. The raw water to be transferred shall consist of 24 C-BT units as may be adjusted pursuant to District regulations. In the event that raw water is not transferred to the District upon execution of this Agreement, Applicant must obtain said units and effectuate the transfer of the raw water prior to activation of the taps. In the event that Ap'rlicant can not obtain the required raw water on the open market, the Applicant may, at the discretion of the District's Board and for good cause shown,make a cash payment in lieu of the transfer of raw water,in such an amount as the District may determine to be necessary to obtain raw water including administrative costs,transfer fees and other related costs, or in accordance with its then existing policies,rules and regulations. 6.2 Applicant shall give District 90 days advance notice of its intention to physically connect such taps to the District's lines and facilities to provide the District with sufficient time to effectuate the raw water transfers,if needed. Applicant shall,before any such connection is made,transfer the raw water and pay the balance of any amounts due and owing for such tap fees,including without limitation,the fee in lieu of raw water component(if water is not transferred to District)and all other components of the tap fee, in accordance with the District's then applicable fee schedule. EN.olavairmymoigiewftmd 2 R2/20'd 6SLZ2Sb£05 01 92S? 92S 202 Sn HEMNHH 1T9M4-10J ad 20:Lt 66, S0 no-4 63 The failure of Applicant to complete the raw water transfer, or to pay the cash amount in lieu thereof as set forth in paragraphs 6.1 and 6.2, or to pay the remaining components of the tap fees for the total number of taps specified in paragraph 4, on or before the fifth anniversary of the initial payment to the District of the plant investment fee component of the tap fee,shall constitute a default Upon such default any sums paid hereunder by Applicant shall be retained by District as liquidated damages for such default. It is understood and agreed by Applicant that the purpose of this requirement for completion of the purchase of all taps within a five year period is based upon the financial requirements of the District to fund its capital construction needs. The District, by this Agreement,has committed a definite portion of the total capacity of its system to the Applicant therefore,must look to the Applicant for performance of its obligations in order that the District may meet its capital construction and operating expenses. If there is a default by Applicant,District may recommit such taps to other applicants without further notice to Applicant. 7. DESIGN SPECIFICATIONS. It is agreed, as a condition precedent to service, that all water lines and appurtenant facilities required to provide water service within the boundaries of Applicant's project as described on Exhibit A and all necessary transmission lines, connecting lines and appurtenant facilities necessary to connect with the lines of the District as presently engineered and installed, shall be installed at Applicants sole cost and expense and shall be in accordance with design and specifications as fixed by the District. Applicant agrees that the actual installation and construction shall be subject to the general, as opposed to specific, supervision of, and inspection by, the District and all related costs of the District's engineering study, review, approval and inspection (including the District's cost and expenses of obtaining necessary easements if public rights-of-way are not available or if available, not feasible to utilize) shall be at the cost of Applicant. Fire Hydrants: Applicant agrees to pay a Fire Hydrant Fund Fee,at the current rate of $ 1000.00 per fire hydrant as shown on the approved Plans. A total of hydrants will be installed for a total Fund Fee of$ . Applicant further agrees to give the District, through the District's Engineer, adequate notice,prior to commencement of construction,of the date when such construction shall be5n- 8. EASEMENTS. Applicant shall furnish, at Applicant's expense, all easements, rights-of-way, and consents both within the project( if public utility easements are not dedicated by the plat) and without the project,if required. Such easements,rights-of-way and consents shall be provided prior to commencement of construction. Those easement;lying outside of the project and which may be required for the construction of any portion of the water lines and appurtenant facilities which may be needed to service the project(excluding public rights of way),and as determined by the District in its sole discretion, shall be obtained by]District but at Applicant's expense. All such costs and expenses of easement acquisition shall be paid by Applicant to District as a condition precedent to service to the project. 9. WATER SERVICE. 9.1 The Applicant acknowledges that District is responsible only for making domestic water available to the project's individual taps at such pressure as may be available at the point of delivery as a result of the District's normal operation of its water system. The District may temporarily disconnect the flow of water in the main or at the individual points of delivery in order to repair,maintain,test, r WoMEV ATHYWMWoIcova.'DE 3 ..., ,nnrF,rnc ni QCC7 07C CRC Cf ?Il)MHR 1- MQ-IDD ?Id ZO:LT 66, S0 nON • improve, or replace the main or other portions of the District's water distribution, storage and or supply system. 9.2 Applicant covenants and agrees that it will not make any warranties or representations to any home builder, contractor, developer, landscaping contractor, home owner, lessee, tenant, property owner,or any other person or entity,regarding the District's water system's capabilities, pressure, or flows. 10. SALE OF LINES. Upon completion,approval and acceptance of the work by the District through the issuance of the District's certificate of acceptance,this Agreement shall operate as a sale,conveyance,transfer and assignment by the Applicant of all Applicant's interest and ownership in said lines to the District, free and clear of all liens and encumbrances,and shall warrant that the work has been done in accordance with the laws of the State of Colorado, and all other governmental subdivisions,agencies and units and in accordance with the design standards and requirements of the District Applicant shall guarantee the lines as installed against faulty workmanship and materials to the District for a period of two years from conveyance and shall,during said period, pay all cost and expense of repair or replacement of said lines and, at the request of the District, furnish a bond guaranteeing said repair and replacement. Upon completion,approval,acceptance,conveyance and transfer of lines and facilities to the District, the District shall assume all responsibility thereafter, and all cost and expense for operation and maintenance except as to the above two-year guarantee. Completion of construction,inspection,approval and acceptance by the District,transfer of lines and facilities to the District, payment of all construction costs and expenses required to be done and paid by the Applicant are conditions precedent to the obligation of the District to furnish and provide water service to the project. U. OVERSIZE LINES. In the event Applicant shall be required to pay for installation of transmission and connecting lines outside the boundaries of Applicant's subdivision,and District requires that such lines and facilities be oversized to permit the use of those lines by the District to serve additional lands and property in addition to the property of the Applicant,District agrees to establish the cost of such over sizing and to reduce this cost to a "cost per tap" based upon the engineered capacity of the lines and the system which such over sizing can serve. District and Applicant shall enter into a Line Participation Agreement which shall provide,as a minimum,that the District will impose a surcharge upon future users of the oversized line,said surcharge to be calculated on a per tap basis utilizing District's engineering estimate as to the line's total capacity. During a period of seven years from and after the date of the Line Participation Agreement, but not thereafter, the District will collect and pay to Applicant the collected line surcharges to reimburse Applicant for its additional costs in paying for the over siring of the line. 12. DISTRICT REGULATIONS. All service provided under this Agreement shall he subject to the monthly service charges and all bylaws,rules and regulations of the District which may be in force from time to time. 13. GOVERNMENTAL REGULATIONS. All provisions of this Agreement to the contrary notwithstanding,the obligation of the District to furnish water service under this Agreement,is limited by,and subject to all orders, requirements and limitations which may be imposed by federal, state, county ar any pwCuExATNwJAMOICOv.ac.wa 4 E'O/SO'd 6SL22Sb£0£ Ol 02SE 9ES £0£ 20 219NNCH 1N3MOTOO dd £0:LT 66, SO ('ON governmental or regulatory body or agency having jurisdiction and control over the District and/or the operation of its domestic water system and treatment facilities. 14. DOCUMENTS TO BE FURNISHED. Upon execution of this Agreement,or at such time or times as may be requested by District,Applicant agrees to fiunish District the following: 14.1 A topographical survey of the property described in this Agreement;and 14.2 Final Subdivision plat approved by appropriate regulatory boards, commissions, or agencies, together with requirements and conditions fixed by such entities for development and evidence of the Applicant's compliance or plan for compliance;and 143 In the event the initial area to be served under this Agreement is not the entire project to be shbe developed by Applicant and the remainder is being planned as a phased development,Applicant furnish sketch plans,preliminary plats and/or plans as developed by the Applicant with reference to the future total development of the entire property. It is understood and agreed that a request for information as to future plans and developments of the Applicant(and the consideration of such plans by the District in connection with its obligation to service Applicant's above-described land under this Agreement) shall in not be construed as an agreement or obligation of District to serve such other lands, additional lands, or areas proposed by the Applicant for such future development beyond that provided in existing written commitments. All information required to be furnished to District by Applicant shall be provided at Applicant's expense. 14.4 Recorded plats and drawings of the development,including a mylar map and AutoCAD disk as e files certified by Applicant's engineer depicting all lines, valves, fittings and app urtenancconstructed, installed,and transferred pursuant to Paragraph 7 above. 15. DELAYS. Any delays in, or failure of performance by any party of his or its obligations under this Agreement shall be excused if such delays or failure are a result of acts of God and nature, fires, floods, strikes,labor disputes,accidents,regulations or orders of civil or military authorities,restrictions or limitations contained in any initiative approved by the voters, shortages ialud bor mat wls, or o aese',dimilar r dissimilar, which are beyond the control of such party, g any governmental requirements or limitations described above. 16. PARAGRAPH CAPTIONS. The captions of the paragraphs are set forth only for convenience and reference,and are not intended in any way to define, limit, or describe the scope or intent of the Agreement lit ADDITIONAL DOCUMENTS OR ACTION. The parties agree to execute any additional documents and to take any additional action necessary to carry out this Agreement 1.8. INTEGRATION AND AMENDMENT;PRIOR AGREEMENTS.agreements This Agreement repr esents�s entire agreement between the parties and there are no oral or collateral or understanding shallis Agreement may be amended only by an instrument in writing signed by the parties. The App reimburse the District for any expenses incurred by the District in connection with any amendment of this F wONDun+rI<MYVION a wa 5 acv9R',I F,SLZESb£0£ 01 8£SE 9ES £0£ S(1 a3>INUS ilarlo10D ad £0:LL 66. S0 ncN Agreement requested by the Applicant. If any provision of this Agreement is held invalid or unenforceable,no other provision shall be affected by such holding, and all of the remaining provisions of this Agreement shall continue in full force and effect. 19. ALTERNATIVE DISPUTE RESOLUTION. In the event of any dispute or claim arising under or related to this Agreement,the parties shall use their best efforts to settle such dispute or claim through good faith negotiations with each other. If such dispute or claim is not settled through negotiations within 30 days after the earliest date on which one party notifies the other party in writing of its desire to attempt to resolve such dispute or claim through negotiations,then the parties agree to attempt in good faith to settle such dispute or claim by mediation conducted under the auspices of the Judicial Arbiter Group (JAG) of Denver, Colorado or,if JAG is no longer in existence, or if the parties agree otherwise, then under the auspices of a recognized established mediation service within the State of Colorado. Such mediation shall be conducted within 60 days following either party's written request therefor. If such dispute or claim is not settled through mediation, then either party may initiate a civil action in the District Court for Boulder County. 20. ASSIGNMENT. If Applicant is not in default hereunder, Applicant may assign this Agreement without the prior consent of the District,provided said assignment is in writing and further provided that the assignment is made in conjunction with a transfer of all or substantially all of the property described herein. No assignment shall,however,be effective upon the District unless and until the District receives written notice or copy of the assignment. 21. BINDING EFFECT. This Agreement shall inure to the benefit howeve and r,be b bindingt upon, the at nothingpm this , and their respective legal representative, successors, and assigns; provided, paragraph shall be construed to permit the assignment of the Agreement except as otherwise specifically authorized herein. 22. The undersigned Applicant hereby tenders to Left Rand Water District $ 54,23 I 0 representing required tap fees,non-inclusive of raw water and hydrant fees. DATED: August 12 , 1999 . L W STRICT resident Box 210 Niwot, Colorado 80544 F wOMEVATfmvavgnew.ac..ya 6 80/L0'd 6SL2ESb20E 01 8252 SES £0£ Sn d3>iNbS ll3MQl00 dd 2O:LT 66, S0 0CN ** 80- Jdc rolul ** ATTEST: Secretary STATE OF COLORADO ) ) ss COUNTY OF BOULDER) �} q 1 day of htilkCE 19 The fore=g in�stru ent{ t was ac owledged before me this �) as Secretary by ' et gcc c ,ze 1! as President and �` of the Lett Hand Water District. Witness my hand and official seal. My Commission Expires 4.20.2002 My conunissio v1 /))� •�'0740 0ete/• Cjar'1 / !L!/L<e� Notary Public i i ttetT9T ac8 e\0/30 OFCotO C. \‘‘""'_� Applicant By: ICL�� S _. STATE OF COLORADO ) ) ss COUNTY OF BOULDER) day of 19 f, The foregoing instrument was acknowledged before me this by Witness my hand and official seal. My commission expires: Notary Public F:WOMEVNTHYK MigCwtlaW4 7 PM7P2•,, Rcs.??cocas' ru AysF 9zs ME SO 2EANda T-?rta1o9 oe:Lt 66, so noo Hello