HomeMy WebLinkAbout961762.tiff EPARTMENT OF PLANNING SERVICE?
Weld County Adm. .native Offices, 1400 N. 17th Avenue, Gree. Colorado 80631
Phone: (970)353-6100, Ext. 3540, Fax: (970) 352-6312
PLANNED UNIT DEVELOPMENT 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 request a hearing before the Weld County Planning Commission and the Board of County
Commissioners concerning PRa.r proposed
1-1
f�hPART SEri4 ribed Ste S,nraniaR6SW d area of Weld County,
LEGAL DESCRIPTION: CHA'rGE of 20NF PLMTt196
(If additional space is required, attach an additional sheet of this same size.)
1 3 1 3 0 5- 0 OOO 61
PARCEL NUMBER: 1 3 j_ p. `3 O Q1L4 17-(12 digit number found on Tax I.D. Information or obtained in •
the Assessor's Office.
NAME OF PROPOSED PUD SUBDIVISION MEADocc, VALE FAR NI
EXISTING ZONING PVO 7BssDEvnn NO.OF PROPOSED LOTS 89
TOTAL AREA (ACRES) 1SS. 6/3 LOT SIZE: AVERAGE //9CPF MINIMUM N�iy
UTILITIES: WATER: NAME LEFT )44 A-0 cua'rtrt DisTRccT-
SEWER: NAME 57: 1424m, SA Vi TATO ) D/sTn/cr
GAS: NAME PUSLIC SPRViCF CO--r PCN,I"
PHONE: NAME V. S. West—
ELECTRIC: NAME UNc tE D rate E
DISTRICTS: SCHOOL: NAME ST 1/24,,L7 cr.s'oo/ O 1ST RE / T
FIRE: NAME t0vNTN/&V U"EW F/RE yporErt/o-u Drs:
DESIGNER'S NAME SPLICE NENOEE h { a.. desist.) PHONE
HONE
ADDRESS PPHONE
ENGINEERS NAME hi xE XETTFA/.t/G Kl3 A) ENGJPJE Ens ADDRESS PHONE
SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR PUD REZONING:
NAME: MESPou7 VALE FARM TNC. HOME TELEPHONE: 339-144 O'-{
ADDRESS: 425o co lc,_sr'
BUS.TELEPHONE: 339-cJ4pL{
rReE4e�f Co SOL3v HOME TELEPHONE:
NAME:
ADDRESS: BUS.TELEPHONE:
APPLICANT OR AUTHORIZED AGENT (if different than above): HOME TELEPHONE:
NAME:
ADDRESS: BUS.TELEPHONE:
OWNER(S) AND LESSEES OF MINERAL RIGHTS ON OR UNDER THE SUBJECT PROPERTIES OF
RECORD IN THE WELD COUNTY ASSESSOR'S OFFICE: •
NAME: ,Vo•✓E
ADDRESS:
NAME:
ADDRESS:
� a
Signature: ner or Authorized Agent
Revised: 3-28-96
25
961762
k ID
ENGINEERS
June 14, 1996
Mr. Todd Hodges
Weld County Planning
Greeley, Colorado •
Dear Todd:
RE: MEADOW VALE FARM PUD SUBMITTAL
Our Project No. 95030
Please find attached the following submittal materials for the Meadow Vale Farm PUD:
1. Application fee check No. 1530 - $1100
2. Final Plan Application materials (original and 24 bound copies)
3. Geotechnical Engineering Report(one copy)
4. First Filing Meadow Vale Farm plat- 2 sheets (15 sets)
5. First Filing design plans - 22 sheets (10 sets)
6. First Filing Landscape Plan- 1 sheet(25 copies)
Copies of the design plans have already been submitted to the Mountain View Fire Department
and St. Vrain Sanitation District for their review. A set of plans will be delivered to the Left
Hand Water District today.
If you have any questions, please give me a call.
Sincerely,
Michael C.C. Ketterling, Weld County Planning Dept.
JUN 14 1996
RECEIVED
Ketterling, Butherus Er Norton Engineers, LLC.
820 8th Street / Greeley,Colorado 80631 / tel 970-395-9880 / fax 970-395-9881 961762
MEADOW VALE FARM
FILING NO. 1
Planned Unit Development
Final Plan Application
June 1996
Weld County Planning Dept.
.,ping Dept,
JUN 14 1996
REU'EIt
4
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TABLE OF CONTENTS
1. Planned Unit Development Plan Application(1 page)
2. Letter of Information by Mr. Glen Droegemueller(4 pages)
Dated June 6, 1996
3. Commitment for Title Insurance (11 pages)
4. Weld County Certificates of Taxes Due (2 pages)
5. Improvements Agreement(12 pages)
Exhibit"A"Estimated Construction Cost of Improvements
Exhibit"B"Estimated Schedule for Construction of Improvements
6. Declaration of Covenants, Conditions, and Restrictions for Meadow Vale Farm, A
Planned Community and Meadow Vale Farm Community Association(36 pages)
7. Method of financing statement.
8. List of names, addresses and corresponding parcel identification numbers of the
owners within 500 feet of Meadow Vale Farm. (14 pages)
9. Letters from Utility Companies:
United Power- dated May 30, 1996 (2 pages)
Left Hand Water District- dated May 31, 1996 (1 page)
10. Wetlands nationwide permit authorization letter (1 page)
U.S. Army Corps of Engineers - dated May 6, 1996
961762
GLEN DROEGEMUELLER, P.C.
ATTORNEY AT LAW
822 SEVENTH STREET•SUITE 330•GREELEY,COLORADO 80631•(970)353-9599•FAX(970)353-9597
June 6, 1996
Department of Planning Services
for Weld County
1400 N. 17th Ave.
Greeley, Colorado 80631
re: PUD Final Plan Approval for Meadow Vale Farm Planned Unit Development
Dear Department of Planning Services:
I have been asked by the developer of Meadow Vale Farm Planned Unit Development to
provide a letter of information which covers some of the application requirements necessary for
submittal of a final PUD Plan. Asa matter of information, Meadow Vale Farm Planned Unit
development is located in a part of the southwest quarter of Section 4 and part of the southeast
quarter of Section 5, all in Township 2 North, Range 68 West of the Sixth P. M., in Weld County,
in the State of Colorado.
In response to item 2 of the application checklist, enclosed please find a title insurance
commitment issued by Weld County Title which identifies the owners of the property and lists any
mortgagees,judgement lien holders, easement holders, contract holders or any beneficiary of an
agreement that would be required to join in and approve the application for the PUD being
submitted.
Item 3 of the PUD submission checklist requests a certificate of title covering all public
dedications. The only public dedication which will be made in this PUD relates to interior
roadways within the PUD. Those roadways will be dedicated to Weld County and it is my belief
that a letter of intent from Weld County is not necessary regarding this application. It is my
understanding that the developer has previously represented to the County that all interior streets
will be designed in conformance with County standards and will consist of twenty-four foot wide
asphalt surfaces with four foot grass lined borrow ditches on each side of the roadway. It also has
been represented that interior streets will be maintained by a private homeowner's association
created by the developer.
In an attempt to satisfy application items 7 and 15, enclosed with this letter please find a
copy of the Declaration of Covenants, Conditions and Restrictions governing the Meadow Vale
Farm which impose numerous restrictions upon the building sites to be created in Meadow Vale
Farm. As a matter of explanation, the covenants represent an expandable declaration which
include ten lots in the initial filing and can be expanded by the recording of supplemental
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declaration to include restrictions on each of the eighty-nine lots within the proposed PUD.
Supplemental declarations will be recorded by the developer prior to the sale of lots in the
remaining phases of the PUD.
Item number 9 on the PUD submission application deals with street or highway facilities
providing access to the property. During the first phase of the construction of the Meadow Vale
Farm PUD, no off-site street improvements are required. At the time of the zone change, it was
agreed between the developer and Weld County, that County Road 5.5 would be improved to
collector status from State Highway 119 to the northernmost project entry. County Road 5.5 will
also be realigned as shown conceptually on the site plan. County Road 5.5 will be paved and
constructed in conformance with Weld County standards. Paving will be constructed in phases
with pavement to the southmost entry being constructed and realigned at the time the eleventh lot
within the PUD is submitted for a building permit. The northernmost entry will be constructed as
a future phase when the sixtieth lot is submitted for a building permit. Weld County Road 5.5 will
be dedicated to Weld County and be in conformance with County standards.
Paragraph 10 of the PUD application requests a statement which summarizes the total
area of the PUD plan. The PUD plan involves the creation of a residential subdivision of eighty-
nine lots. Also included within the PUD would be substantial open spaces which would include
pedestrian, cycling, and equestrian trails for use by lot owners. The PUD has been designed for a
dual water system delivery. Potable water will be provided by the Left Hand Water District.
Irrigation and fire protection water will be provided by the development of a water system
constructed by the project developer. The Mountain View Fire Protection District has reviewed
the proposed system of the developer and has agreed that it will provide adequate fire protection
to the subdivision. Until such time as that fire protection and irrigation system have been
completed by the developer, the developer has negotiated with the Left Hand Water District to
provide access to the District's system for temporary fire protection. The developer anticipates
the completion of the fire protection and irrigation system in the Spring of 1997. Storm drainage
will be carried through borrow ditches and common open areas to a detention pond on the east
end of the property. The detention pond will be designed to meet the aesthetic and technical
storage requirements of the project. Drainage will be designed in conformance with Weld County
standard. Landscaping will be designed as a natural landscaping. Common areas will be
developed using indigenous grasses, trees, and shrubs. Areas between lots will be irrigated to
facilitate quick establishment of grasses, trees, and shrubs. Lots bordering on State Highway 119
will be buffered through landscaping within common open spaces. Buffering will be accomplished
with evergreen trees, berms, shrubs, canopy trees and other appropriate landscape elements. The
majority of residential units west of County Road 5.5 are on a bluff that is elevated above State
Highway 119. This bluff provides a natural buffer equivalent to berming for lots adjacent to the
roadway. A consistent four-foot high rail fence will be used throughout the property. The fence
will be designed to allow a wire of plastic fabric to be incorporated in order to contain pets. The
fence will be designed to be compatible with the general low density residential character
anticipated for the PUD. Entrance and identification sign walls will be designed to market the
property as well as to provide permanent identification of the community. The entrance walls will
be located at major entrances and will be constructed of materials compatible with the subdivision
character. Any sign will be constructed to meet the R-1 zone district standards of the county.
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district standards of the county.
Paragraph 11 of the PUD application requests a statement describing how each building
and structure will be used or operated. Paragraph 12 requests a statement which describes a
proposed treatment of buffering or screening between uses, buildings and structures in order to
achieve compatibility. Because the development as a PUD involves single family home
construction, a detailed statement regarding building structures and screening between uses and
buildings can not be provided at this time. Enclosed is a copy of the proposed architectural
standards which the developer intends to enforce as homes are built and landscaping is established
within the PUD.
Paragraph 13 requests a statement regarding the location and intended use of all private
open space within the PUD. In a narrative form it is difficult to describe the open space in any
more detail than has previously been addressed in this letter. It is the developer's belief that the
site plan and landscaping plan submitted as part of the application provide an accurate picture of
the location and intended use of private open spaces.
Paragraph 14 requests a statement detailing how any common open space will be owned,
preserved, and maintained in perpetuity. It is the developer's intent to transfer ownership of the
open space within this PUD to a non-profit Colorado corporation to be known as the Meadow
Vale Farm Community Association. The covenants recorded against each lot will require
mandatory participation in that association by each lot owner. The association will have the ability
to levy and collect assessments against each lot owner within the PUD to raise necessary expenses
for the maintenance and preservation of the common open space. The association will elect an
executive board on an annual basis and each lot owner will have the opportunity to vote in the
annual election to select executive officers. Once the executive board of the association is
elected, they will determine the level of maintenance necessary for the open spaces and set annual
assessments accordingly. The developer will transfer open space to the association over time as
the PUD is completed. It is not the developer's intent to transfer all open space to the association
with the first phase of development, but rather to stage the transfer of open space over time as
additional lots within the PUD are developed for sale. The developer plans to install all initial
landscaping and paths without cost recovery from individual lot owners. When open space is
transferred to the association, it will be transferred as completed open space so that the
association will only be responsible for preservation and maintenance of property in the open
space once it has been fully developed by the developer.
Paragraph 18 of the PUD application requests a copy of any agreements regarding
agricultural ditch companies as they relate to the proposed PUD property. As a matter of
information, there are no agreements with any agricultural ditch company which relates to this
property, so no information is necessary to satisfy the PUD application.
Paragraph 22 of the application requests a certified list of names and addresses of mineral
owners and lessees of mineral owners under the parcel of land being considered. No such list is
being provided because the minerals have not been leased. Correspondingly, no evidence is being
provided that the surface owner has attempted to consult with lessees of minerals because no
961762
leases have been entered into.
In paragraph 25 of the application, there is a request for illustrations for proposed
architectural styles for the planned unit development. Again, because the lots will be sold to
individuals who are not known to the developer, illustrations can not be provided to satisfy
paragraph 25. Reference is made to the architectural standards that have been submitted in
support of this application which identify those issues which the developer feels are important
with respect to design detail of any building or structure and landscaping within the proposed
PUD.
Should additional information or clarification of the information provided in this letter be
necessary, please contact Mr. Floyd Oliver, Jr. who is the president of the development company
that is submitting Meadow Vale Farm for PUD approval to the County. Mr. Oliver can be
reached by correspondence or by letter at 4250 West 16th Street #46, Greeley, Colorado 80634
or by telephone at 339-9404. Mr. Oliver can then determine whether additional input from this
office is necessary.
Sincerely yours,
Glen Droegemueller
Attorney at Law
enc.
961762
FLOYD OLIVER
REAL ESTATE DEVELOPMENT SERVICES
June 5, late
Department of Planning Services
1400 N. 17th Ave.
Greeley, Colorado 80631
Attention Todd Hodges
Subject: Meadow Vale PUD Final Plan Application
Dear Todd,
Item 17 of the check list for final plan approval ask for a ststement describing the
method of financing for the development.
Meadow Vale Farm, Inc. will use funds already avaiable and a small amount of bank
borrowings to finance the development of the 1st. Filing of Meadow Vale Farm
Subdivision. Bank borrowings will be for a short period of time, less than six months.
Our estimate of the cost of construction of the 1st. Filing of Meadow Vale Farm is
enclosed with this letter. All work will be done in the summer of 1996 except the
landscaping and common ground sprinkling system, which will be constructed in the
early spring of 1997.
This information should cover item 17 on page 17 of the requirements.
Sincerely,
ayezdziLe..,
Meadow ale Farm, Inc
Floyd Oliver, President
•
4250 W. 16TH STREET, #46 • GREELEY, CO 80634
PH. 970-339-9404 • PH.CEL 970-381-6027 961762
FLOYD OLIVER
REAL ESTATE DEVELOPMENT SERVICES
5 June 1996
Department of Planning Services
1400 N. 17th Ave.
Greeley, Colorado 80631
Attention Todd Hodges
Dear Todd,
Item #21 of the check list for our application calls for a list of names, addresses and
parcel numbers for property owners within 500 feet of our filing. Our 1st Filing is
somewhat in the center of our 155 acres so there are no property owners within
500 feet of this filing other than ourselves.
I am attaching a list of property owners that are within 500 feet of our property in case
you need this, but they are not withing 500 feet of this filing.
Sincerely,
z6 v%1L
MeadOw Vale Farm, Inc.
President
4250 W. 16TH STREET, #46 • GREELEY, CO 80634
PH 970-339-9404 • PH.Ca 970-381-6027 961762
57
9So30
�04T O�4
`` DEPARTMENT OF THE ARMY
a Ii".FF, CORPS OF ENGINEERS, OMAHA DISTRICT
+"tte. vl TRI-LAKES PROJECT OFFICE, 9307,STATE HWY 121
o, n'
LITTLETON, COLORADO 80123-6901
REPLY TO
ATTENTION OF May 6, 1996
Mr. Michael C. Ketterling, PE
KBN Engineers
820 8th Street
Greeley, Colorado 80631
RE: Nationwide Permit No. 199680401
Dear Mr. Ketterling:
We have reviewed your request for Department of the Army authorization to fill
approximately 0.66 acre of wetlands at the Meadow Vale Farm Development (your
Project No. 95030) for road construction. The project is located in the South 1 of
Sections 4 and 5, Township 2 North, Range 68 West, Weld County, Colorado.
Based on the information you provided, this office has determined.that your work •
within Colorado can be authorized by the Department of the Army Nationwide Permit
found at 33 CFR Part 330 Appendix A, (B)(26). Enclosed is a fact sheet which fully
describes this Nationwide Permit and lists the General and Section 404 only conditions
which must be adhered to for this authorization to remain valid.
Although an Individual Department of the Army permit will not be required for
the project, this does not eliminate the requirement that you obtain any other applicable
federal, state, tribal, or local permits as required. Please note that deviations from the
original plans and specifications of your project could require additional authorization
from this office.
You are advised that this verification of the nationwide permit authorization is
valid until January 27, 1997.
If you have any questions concerning this determination, please feel free to contact
Mr. Terry McKee of my staff at (303) 979-4120 and reference Nationwide Permit File
No. 199680401 and Weld County.
Sincerely,
T. . Carey
Project anager
Prime:Ion fa Recyded Paper
961762
FLOYD OLIVER
REAL ESTATE DEVELOPMENT SERVICES
5 June 1996
Department of Planning Services
1400 N. 17th Ave.
Greeley, Colorado 80631
Attention Todd Hodges
Subject: Improvements Guarantee Meadow Vale Farm
Dear Todd,
Under the requirements of Improvements Agreement paragraph 7.1 we wish to advise
that we will be furnishing a Letter of Credit as our improvements guarantee.
We will provide this letter of credit after the Final Plan approval, but before any work
has been started on the improvements.
Sincerely,gJ t ar
Meadow Vale�/Farm,,IInc
Floyd Oliver, President
EXHIBIT
4250 W. 16TH STREET, #46 • GREELEY, CO 80634 S
PH. 970-339-9404 • PH.CEL 970-381-6027
961762
IMPROVEMENTS AGREEMENT ACCORDING
POLICY REGARDING COLLATERAL FOR IMPROVEMENTS
(PRIVATE ROAD MAINTENANCE)
THIS AGREEMENT, made and entered into this day of , by and between
the County of Weld,State of Colorado,acting through its Board of County Commissioners,hereinafter called
"County", and hereinafter called "Applicant".
WITNESSETH:
WHEREAS, Applicant is the owner of or has a controlling interest in the following described
property in the County of Weld, Colorado:
Part of the SW4 , Sec. 4 and Part of the SEa Sec. 5 T2N, R68W
Change of Zone Plat 496
Colorado Highway 496 and Weld County Road 5 . 5
WHEREAS, a final subdivision/PUD plat of said property, to be known as
Meado*t Vain Farm C„hdivi si nn has been submitted to the County
for approval; and
WHEREAS, of the Weld County Subdivision Ordinance provides that no final plat
shall be approved by the County until the Applicant has submitted a Subdivision Improvement Agreement
guaranteeing the construction of the public improvements shown on plans, plats and supporting documents
of the subdivision, which improvements, along with a time schedule for completion, are listed in Exhibits
"A" and "B" of this Agreement.
NOW, THEREFORE, IN CONSIDERATION OF the foregoing and of the acceptance and approval
of said final plat, the parties hereto promise, covenant and agree as follows:
1.0 Engineering Services: Applicant shall furnish,at its own expense,all engineering services
in connection with the design and construction of the subdivision improvements listed on
Exhibit "A" which is attached hereto and made a part of this reference.
1.1 The required engineering services shall be performed by a Professional Engineer
and Land Surveyor registered in the State of Colorado, and shall conform to the
standards and criteria established by the County for public improvements.
1.2 The required engineering services shall consist of, but not be limited to, surveys,
designs, plans and profiles,estimates, construction supervision,and the submission
of necessary documents to the County.
1 Revised 12/95
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1.3 Applicant shall furnish drawings and cost estimates for roads within the subdivision
to the County for approval prior to the letting of any construction contract.
Applicant shall furnish one set of reproducible "as-built" drawings and a final
statement of construction cost to the County.
2.0 Rights-of-Way and Easements: Before commencing the construction of any improvements
herein agreed upon, Applicant shall acquire,at its own expense, good and sufficient rights-
of-way and easements on all lands and facilities traversed by the proposed improvements.
3.0 Construction; Applicant shall furnish and install, at its own expense, the subdivision
improvements listed on Exhibit"A: which is attached hereto and made a part hereof by this
reference,according to the construction schedule set out in Exhibit"B"also attached hereto
and made a part hereof by this reference.
3.1 Said construction shall be in strict conformance to the plans and drawings approved
by the County and the specifications adopted by the County for such public
improvements. Whenever a subdivision is proposed within three miles of an
incorporated community located in Weld County or located in any adjacent county,
the Applicant shall be required to install improvements in accordance with the
requirements and standards that would exist if the plat were developed within the
corporate limits of that community. If the incorporated community has not adopted
such requirements and standards at the time the subdivision is proposed, the
requirements and standards of the County shall be adhered to. If both the
incorporated community an the County have requirements and standards, those
requirements and standards that are more restrictive shall apply.
3.2 Applicant shall employ, at its own expense,a qualified testing company previously
approved by the County to perform all testing of materials or construction that is
required by the County; and shall furnish copies of test results to the County.
3.3 At all times during said construction, the County shall have the right to test and
inspect or to require testing and inspection of material and work at Applicant's
expense. Any material or work not conforming to the approved plans and
specifications shall be removed and replaced to the satisfaction of the County at
Applicant's expense.
3.4 The Applicant shall furnish proof that proper arrangements have been made for the
installation of sanitary sewer or septic systems,water, gas, electric and telephone
services.
3.5 Said subdivision improvements shall be completed, according to the terms of this
Agreement, within the construction schedule appearing in Exhibit "B". The Board
of County Commissioners, at its option, may grant an extension of the time of
completion shown on Exhibit"B" upon application by the Applicant subject to the
terms of Section 6 herein.
2 Revised 12/95
961762
4.0 Release of Liability: Applicant shall indemnify and hold harmless the County from any
and all liability loss and damage county may suffer as a result of all suits, actions or claims
of every nature and description caused by, arising from, or on account of said design and
construction of improvements, and pay any and all judgments rendered against the County
on account of any such suit, action or claim, together with all reasonable expenses and
attorney fees incurred by County in defending such suit, action or claim whether the
liability, loss or damage is caused by, or arises out of the negligence of county or its
officers, agents, employees, or otherwise except for the liability, loss, or damage arising
from the intentional torts or the gross negligence of the county or its employees while acting
within the scope of their employment. All contractors and other employees engaged in
construction of the improvements shall maintain adequate workman's compensation
insurance and public liability insurance coverage,and shall operate in strict accordance with
the laws and regulations of the State of Colorado governing occupational safety and health.
(THERE IS NO SECTION 5)
6.0 Approval of Streets by the County: Upon compliance with the following procedures by the
Applicant, streets within a subdivision may be approved by the County as public roads and
will be maintained and repaired by a homeowners association or, in its absence, the owners
of lots within the subdivision.
6.1 If desired by the County, portions of street improvements may be placed in service when
completed according to the schedule shown on Exhibit"B", but such use and operation shall
not constitute an approval of said portions.
6.2 County may, at its option, issue building permits for construction on lots for which street
improvements detailed herein have been started but not completed as shown on Exhibit "B",
and may continue to issue building permits so long as the progress of work on the
subdivision improvements in that phase of the development is satisfactory to the County;
and all terms of this Agreement have been faithfully kept by Applicant.
6.3 Upon completion of the construction of streets within a subdivision and the tiling of a
Statement of Substantial Compliance, the applicant(s) may request in writing that the
County Engineer inspect its streets and recommend that the Board of County
Commissioners partially approve them. Not sooner than nine months after partial approval,
the County Engineer shall, upon request by the applicant, inspect the subject streets, and
notify the applicant(s)of any deficiencies. The County Engineer shall reinspect the streets
after notification from the applicant(s) that any deficiencies have been corrected. If the
County Engineer finds that the streets are constructed according to County standards, he
shall recommend full approval. Upon a receipt of a positive unqualified recommendation
from the County Engineer for approval of streets within the development, the Board of
County Commissioners shall fully approve said streets as public but with private pay.
7.0 General Requirements for Collateral:
7.1 The value of all collateral submitted to Weld County must be equivalent to 100%
of the value of the improvements as shown in this Agreement. Prior to Final Plat
3 Revised 12/95
961762
approval,the applicant shall indicated which of the five types of collateral prefered
to be utilized to secure the improvements subject to final approval by the Board of
County Commissioners and the execution of this Agreement. Acceptable collateral
shall be submitted and the plat recorded within six (6) months of the Final Plat
approval. If acceptable collateral has not been submitted within six(6)months then
the Final Plat approval and all preliminary approvals shall automatically expire. An
applicant may request that the County extend the Final Plat approval provided the
cost estimates are updated and the development plans are revised to comply with
all current County standards,policies and regulations. The improvements shall be
completed within one (1) year after the Final Plat approval (not one year after
acceptable collateral is submitted) unless the applicant(s) requests that this
Agreement be renewed at least thirty(30) days prior to its expiration and further
provides that cost estimates for the remaining improvements are updated and
collateral is provided in the amount of 100% of the value of the improvements
remaining to be completed. If improvements are not completed and the agreement
not renewed within these time frames, the County, at its discretion, may make
demand on all or a portion of the collateral and take steps to see that the
improvements are made.
7.2 The applicant may choose to provide for a phased development by means of
designating filings of a Planned Unit Development Plan or Final Plat Subdivision.
The applicant would need only to provide collateral for the improvements in each
filing as approved. The County will place restrictions on those portions of the
property that are not covered by collateral which will prohibit the conveyance of the
property or the issuance of building permits until collateral is provided or until
improvements are in place and approved pursuant to the requirements for a Request
for Release of Collateral.
7.3 The applicant intends to develop in accordance with Exhibits "A" and "B".
8.0 Improvements Guarantee: The five types of collateral listed below are acceptable to Weld
County subject to final approval by the Board of County Commissioners.
8.1 An irrevocable Letter of Credit from a Federal or State licensed financial institution
on a form approved by Weld County. The letter of credit shall state at least the
following:
8.1.1 The Letter of Credit shall be in an amount equivalent of 100% of the total
value of the improvements as set forth in Section 6.0 and exhibits "A" and
„B,
8.1.2 The Letter of Credit shall provide for payment upon demand to Weld
County if the developer has not performed the obligations specified in the
Improvements Agreement and the issuer has been notified of such default.
8.1.3 The applicant may draw from the Letter of Credit in accordance with the
provisions of this policy.
4 Revised 12/95
961762
8.1.4 The issuer of the Letter of Credit shall guarantee that at all times the
unreleased portion of the Letter of Credit shall be equal to a minimum of
100%of the estimated costs of completing the uncompleted portions of the
required improvements, based on inspections of the development by the
issuer. In no case shall disbursement for a general improvement item
exceed the cost estimate in the Improvements Agreement (i.e., streets,
sewers, water mains and landscaping, etc.). The issuer of the Letter of
Credit will sign the Improvements Agreement acknowledging the
agreement and its cost estimates.
8.1.5 The Letter of Credit shall specify that 15% of the total Letter of Credit
amount cannot be drawn upon and will remain available to Weld County
until released by Weld County.
8.1.6 The Letter of Credit shall specify that the date of proposed expiration of the
Letter of Credit shall be either the date of release by Weld county of the
final 15%, or one year from the date of Final Plat approval, whichever
occurs first. Said letter shall stipulate that, in any event, the Letter of
Credit shall remain in full force and effect until after the Board has
received sixty (60) days written notice from the issuer of the Letter of
Credit of the pending expiration. Said notice shall be sent by certified mail
to the Clerk to the Board of County Commissioners.
8.2 Trust Deed upon all or some of the proposed development or other property acceptable to
the Board of County Commissioners provided that the following are submitted:
8.2.1 In the event property within the proposed development is used as collateral, an
appraisal is required of the property in the proposed development by a disinterested
M.A.I. member of the American Institute of Real Estate Appraisers indicating that
the value of the property encumbered in its current degree of development is
sufficient to cover 100% of the cost of the improvements as set forth in the
Improvements Agreement plus all costs of sale of the property.
8.2.2 In the event property other than the property to be developed has been accepted as
collateral by Weld County,then an appraisal is required of the property by a M.A.I.
member of the Institute of Real Estate Appraisers indicating that the value of the
property encumbered in its current state of development is sufficient to cover 100%
of the cost of the improvements as set forth in the Improvements Agreement plus
all costs of sale of the property.
8.2.3 A title insurance policy insuring that the Trust Deed creates a valid encumbrance
which is senior to all other liens and encumbrances.
8.2.4 A building permit hold shall be placed on the encumbered property.
8.3 Escrow Agreement that provides at least the following:
5 Revised 12/95
961762
8.3.1 The cash in escrow is at least equal to 100% of the amount specified in the
Improvements Agreement.
8.3.2 The escrow agent guarantees that the escrowed funds will be used for improvements
as specified in the agreement and for no other purpose and will not release any
portion of such funds without prior approval of the Board.
8.3.3 The escrow agent will be a Federal or State licensed bank or financial institution.
8.3.4 If the County of Weld County determines there is a default of the Improvements
Agreement, the escrow agent, upon request by the County, shall release any
remaining escrowed funds to the County.
8.4 A surety bond given by a corporate surety authorized to do business in the State of Colorado
in an amount equivalent to 100% of the value of the improvements as specified in the
Improvements Agreement.
8.5 A cash deposit made with the County equivalent to 100%of the value of the improvements.
9.0 Request for Release of Collateral: Prior to release of collateral for the entire project or for
a portion of the project by Weld County, the Applicant must present a Statement of
Substantial Compliance from an Engineer registered in Colorado that the project or a
portion of the project has been completed in substantial compliance with approved plans and
specifications documenting the following:
9.1 The Engineer or his representative has made regular on-site inspections during the
course of construction and the construction plans utilized are the same as those
approved by Weld County.
9.2 Test results must be submitted for all phases of this project as per Colorado
Department of Transportation Schedule for minimum materials sampling, testing
and inspections found in CDOT Materials Manual.
9.3 "As built" plans shall be submitted at the time the letter requesting release of
collateral is submitted. The Engineer shall certify that the project "as built" is in
substantial compliance with the plans and specifications as approved or that any
material deviations have received prior approval from the County Engineer.
9.4 The Statements of Substantial Compliance must be accompanied, if appropriate,by
a letter of acceptance of maintenance and responsibility by the appropriate utility
company, special district or town for any utilities.
9.5 A letter must be submitted from the appropriate Fire Authority indicating the fire
hydrants are in place in accordance with the approved plans. The letter shall
indicate if the fire hydrants are operational and state the results of fire flow tests.
9.6 The requirements in 9.0 thru 9.5 shall be noted on the final construction plans.
6 Revised 12/95
961'762
9.7 Following the submittal of the Statement of Substantial Compliance and
recommendation of approval of the streets by the County, the applicant(s) may
request release of the collateral for the project or portion of the project by the
Board. This action will be taken at a regularly scheduled public meeting of the
Board.
9.8 The request for release of collateral shall be accompanied by "Warranty Collateral"
in the amount of 15%of the value of the improvements as shown in this Agreement
excluding improvements fully accepted for maintenance by the responsible
governmental entity, special district or utility company.
9.9 The warranty collateral shall be released to the applicant upon final approval by the
Board of County Commissioners.
10.0 Public Sites and Oven Spaces: When the Board of County Commissioners, pursuant to a
rezoning, subdivision or planned unit development, requires the dedication, development
and/or reservation of areas or sites other than subdivision streets and utility easements of
a character,extent and location suitable for public use for parks,greenbelts or schools, said
actions shall be secured in accordance with one of the following alternatives, or as specified
in the PUD plan, if any:
10.1 The required acreage as may be determined according to the Weld County
Subdivision Regulations shall be dedicated to the County or the appropriate school
district, for one of the above purposes. Any area so dedicated shall be maintained
by the County or school district.
10.2 The required acreage as determined according to the Weld County Subdivision
Regulations, may be reserved through deed restrictions as open area, the
maintenance of which shall be a specific obligation in the deed of each lot within
the subdivision.
10.3 In lieu of land, the County may require a payment to the County in an amount equal
to the market value at the time of final plat submission of the required acreage as
determined according to the Subdivision Ordinance. Such value shall be
determined by a competent land appraiser chosen jointly by the Board and the
Applicant. The cash collected shall be deposited in an escrow account to be
expended for parks at a later date.
11.0 Successors and Assigns: This Agreement shall be binding upon the heirs, executors,
personal representatives,successors and assigns of the Applicant,and upon recording by the
County, shall be deemed a covenant running with the land herein described, and shall be
binding upon the successors in ownership of said land.
IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed
on the day and year first above written.
7 Revised 12/95
961762
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
Weld County Clerk to the Board
BY:
Deputy Clerk to the Board
APPROVED AS TO FORM:
County Attorney
APPLICANT MEAPOW VALS F,4/2,fl 1 C,
BY: ary.e-,i
(title) Fins,oc.Jr
Subscribed and sworn to before me this ('1 day of aunt.. , 19 9(0
My Commission e. •'ast pU''-.,
Oiis196 p%•' ••.a• tary Public
Ot ''
2t MAJ. �O ':
RICHARDSON
OF CO..
M:FORMAAPRIVATE.DB
8 Revised 12/95
961762
EXHIBIT " A"
NAME OF SUBDIVISION: MEADOW VALE FARM FILING 1
LOCATION: PART OF SW 1/4 SEC. 4 & SE 1/4 SEC. 5, T2N, R68 W
Intended to be legally bound, the undersigned Applicant hereby agrees to provide
throughtout this subdivision and as shown of the subdivision final plat County
dated 19 , recorded on ,19 , in Book , Page No
, Reception No. , the following improvements
ITEM NO. OF UNITS U.C. TOTAL COST
WATER
2" Water line 1435' 8.00 11 ,480
21/2 Water line 463' 9.00 4,167
8" Water line 1896' 14.00 26,544
2" Fittings 4 Ea. 50.00 200
8" Fittings 3 Ea. 180.00 540
2" Valves 4 Ea. 200.00 800
8" Valves 4 Ea. 480.00 1 ,920
Fire Hydrants 3 Ea. 2,000.00 6,000
3/4" Water Services 11 Ea. 450.00 4,950
2" Temp. Blow -off 2 Ea. 150.00 300
Subtotal 56,901
SEWER
8" Sewer w/underdrain 1 ,875' 16.00 30,000
Sewer Manholes 9 Ea. 1 ,000.00 9,000
Manhole on Existing 2 Ea. 1,500.00 3,000
Sewer Services 11 Ea. 500.00 5,500
Sewer Plugs 2 Ea. 150.00 300
Subtotal 47,800
STREETS & SIDEWALKS
Rough Grading 13,500 c.y. 1.50 20,250
Subgrade Prep. 5,600 s.y. 1.00 5,600
Asphalt 5,440 s.y. 8.00 43,520
Sidewalk 1 ,080' 8.00 8.640
Subtotal 78,010
961762
STORM SEWER
12" CMP 41 ' 10.00 410
12" RCP 163' 12.00 1,956
36" RCP 87' 36.00 3,132
36" FLAIRED END SEC. 2 Ea. • 300.00 600
RipRap 12" dia. 154 s.y. 15.00 2.310
Subtotal 8,408
MISCELLANEOUS
Landscaping and Plantings L.S. 20,000
Sprinkling System L.S. 15,000
Gas, Phone & Electric 11 Lots 1,200.00 13,200
Entrance Sign L.S. 10.000
Subtotal 58,200
Subtotal of Construction $249,319.00
Engineering and Supervision Costs 12A66.00
Total Estimate cost of improvements and supervision $261 ,785.00
The above improvements shall be constructed in accordance with all County
requirements and specifications, and conformance with this provision shall be
determined solely by Weld County, or its duly authorized agent.
Prior to the issuance of building permits on any phase, a Letter of Credit equal to that
portion of the improvements not completed as shown hereon shall be provided to
Weld County.
Said improvements shall be completed according to the construction schedule set out
in Exhibit "B".
Meadow ale Farm Inc. President M adow Vale Farm Inc. Secretary
961762
EXHIBIT "B"
Nane of Subdivision: Meadow Vale Farm
Filing: 1st Filing
Location: Colorado Highway 119 and Weld County Road 5.5
Intending to be legally bound, the undersigned Applicant hereby agrees to construct
the improvements shown on the final subdivision plat of Meadow Vale Farm
Subdivision, dated 19 , Recorded on ,19
in Book , Page No. , Reception No. , the a following
schedule.
All improvements shall be completed within one year of final plat.
Construction of the improvements listed in Exhibit "A" shall be completed as follows:
Improvements Time of Completion
Water and Sewer Mains July and August 1996
Storm Sewer August 1996
Streets and Sidewalks August and Sept. 1996
Entrance Sign September 1996
Landscaping and Sprinkler System April 1997
Meado ale Farm Inc. President Meadow Vale Farm Inc. Secretary
961762
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Weld County CO Clerk & Recorder 181.00
DECLARATION OF COVENANTS.CONDITIONS,AND RESTRICTIONS
FOR
MEADOW VALE FARM
A PLANNED COMMUNITY
AND
MEADOW VALE FARM COMMUNITY ASSOCIATION
5/29/96 EXHIBIT
961762
TABLE OF CONTENTS
PREAMBLE 1
ARTICLE I DEFINITIONS
Section 1 - Architectural Review Committee 1
Section 2- Articles of Incorporation 2
Section 3 - Association 2
Section 4- Association Fences 2
Section 5 - Assessment 2
Section 6- Assessable Unit 2
Section 7- Board 2
Section 8 Bylaws 2
Section 9- Common Area 2
Section 10- Common Water Line 2
Section II - Declaration 2
Section 12- Developer 2
Section 13 - Federal Mortgage Agencies 2
Section 14- First Mortgage 2
Section 15 - First Mortgagee 3
Section 16- Improvements 3
Section 17- Institutional Mortgagee or Institutional Lender 3
Section 18-Living Unit 3
Section 19-Lot 3
Section 20- Member 3
Section 21 - Mortgage 3
Section 22- Mortgagee 3
Section 23 - Notice 3
Section 24- Owner 3
Section 25- Person 3
Section 26- Project or Properties 3
Section 27- Quorum of Owners 3
Section 28- Registered Notice 4
Section 29- Related User 4
Section 30- Single Family 4
ARTICLE II PROPERTY SUBJECT TO THIS DECLARATION 4
Section 1 -Existing Property 4
Section 2-Right to Expand 4
Section 3 -Manner of Annexation. 4
Section 4-Effect of Supplemental Declaration. 4
Section 5 -Merger. 4
ARTICLE III ASSOCIATION STRUCTURE AND FORMAT 5
Section 1-Organization. 5
Section 2-Membership. 5
Section 3 -Executive Board. 5
ARTICLE IV DUTIES AND POWERS OF MEADOW VALE
FARM COMMUNITY ASSOCIATION 6
Section 1 -General Duties and Powers of Association 6
Section 2-Duty to Accept and Maintain Property and Facilities Transferred
by Declarant. 6
Section 3 -Duty to Manage and Care for the Association Fences. 6
Section 4-Duty to Manage and Care for Lot Irrigation System
and Common Water Lines. 6
Section 5 -Duty to Pay Taxes and Assessments. 6
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Section 6-Duty to Prepare Budgets. 6
Section 7-Duty to Levy and Collect Assessments. 7
Section 8-Duty to Provide Audit. 7
Section 9-Power to Adopt Rules and Regulations. 7
Section 10-Power to Enforce Declaration and Rules and Regulations. 7
Section I 1 -Power to Provide Special Services for Members. 7
Section 12-Power to Employ Managers. 8
Section 13 -Power to Engage Employees, Agents and Consultants 8
Section 14 -General Corporate Powers. 8
ARTICLE V COVENANTS FOR ASSESSMENTS 8
Section I -General. 8
Section 2-Method of Assessment. 8
Section 3 -Relationship of the Association Lien to Mortgages. 8
Section 4-General Assessments. 9
Section 5 -Budget Process. 9
Section 6- Supplementary Assessments. 10
Section 7-Special Assessments. 10
Section 8 -Reimbursement Assessments. 10
Section 9-Time for Payments. 10
Section 10-Lien for Assessments and Other Amounts. (0
Section 11 -Reserve Capital. 10
Section 12-Estoppel Certificate. 11
Section 13 -No Abatement. 1 I
Section 14-Rights of First Mortgagees. 11
Section 15 -Exempt Property. 11
ARTICLE VI USE AND OTHER RESTRICTIONS 11
Section 1 -Nuisances. 11
Section 2-Restriction on Further Subdivision 11
Section 3 -Single-Family Residences. 11
Section 4-Common Area Restriction. 12
Section 5 -No Imperiling of Insurance. 12
Section 6-No Violation of Law 12
Section 7-Appearance 12
Section 8-Restrictions on Signs. 12
Section 9-Conditions for Architectural Control 12
Section 10-Rules and Regulations 12
Section 11 -Restrictions on Parking and Storage. 12
Section 12-Animals Within Project. 12
Section 13 -Control of Antennas and Receiving Equipment. 13
Section 14-Underground Electric Lines. 13
Section 15 -No Hazardous Activities. 13
Section 16-No Annoying Light, Sound or Odors. 13
Section 17-Dog Runs,Clotheslines and Storage Areas. 13
Section 18-Garbage and Refuse Disposal. 13
Section 19-Repair. 13
Section 20-Storage. 13
Section 21 -Trash Burning. 13
Section 22-Owner's Obligation Upon Resale of Lot. 13
• Section 23 -Maintenance of Site Views Within Meadow Vale Farm. 13
Section 24-Weed Control. 14
Section 25 - Shared Responsibility of Lot Owners for Maintenance of Paths Serving
Development. 14
Section 26-Fencing Standards for Lot Owners Who Maintain Horses on a Lot. 14
Section 27-Restriction on Commercial Farming. 14
Section 28-Restriction on Storage of Hay or Straw 14
Section 29-Possible Mandatory Interior Fire Sprinkling Systems Required. 14
Section 30-Covenants Run with Land. 14
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961762
ARTICLE VII INSURANCE 15
Section I -Insurance. 15
Section 2-Insurance Requirements Generally. I5
Section 3 -Insurance for Common Area and Fidelity Insurance 15
Section 4 Insurance on Dwellings. 16
Section 5 -Association Insurance as Primary Coverage. 16
Section 6-Workmen's Compensation and Employer's Liability Insurance. 16
Section 7-Notice of Loss to First Mortgagees. 16
Section 8 -Annual Review of Insurance Policies. 16
Section 9-Distribution of Insurance Proceeds by the Association. 16
Section 10-Other Insurance. 17
ARTICLE VIII VARIOUS RIGHTS AND EASEMENTS 17
Section 1-Association Easements. 17
Section 2-Easements Deemed Appurtenant. 17
Section 3 -Emergency Access Easement 17
Section 4-Title to Common Area 17
ARTICLE IX ARCHITECTURAL REVIEW 17
Section 1 -Membership and Activation of the Association Architectural
Review Committee. I7
Section 2-Improvement to Property Defined. IS
Section 3 -Approval of Improvements Required 18
Section 4-Committee Guidelines or Rules. 18
Section 5-Submission of Plans 18
Section 6-Criteria for Approval. 18
Section 7-Architectural Review Fee. 19
Section 8-Decision of Committee. 19
Section 9-Failure of Committee to Act on Plans. 19
Section 10-Obtaining Governmental Approvals. 19
Section 11 -Prosecution of Work After Approval. 19
Section 12-Notice of Completion. 19
Section 13 -Inspection of Work. 19
Section 14-Notice of Noncompliance. 20
Section 15-Failure of Committee to Act After Completion 20
Section 16-Correction of Noncompliance. 20
Section 17-No Implied Waiver or Estoppel. 20
Section 18-Committee Power to Grant Variances. 20
Section 19-Compensation of Members. 21
Section 20-Meetings of Committee. 21
Section 21 -Records of Actions. 21
Section 22-Estoppel Certificates. 21
Section 23 -Nonliability for Committee Action. 21
Section 24-Construction Period Exception. 21
ARTICLE X TERMINATION AND AMENDMENT OF DECLARATION 21
Section 1 -Termination. 21
Section 2-Amendment 21
ARTICLE XI CONDEMNATION,DAMAGE OR DESTRUCTION TO COMMON AREA 22
Section I -Damage or Destruction to Common Area. 22
Section 2-Owner-Caused Damage. 22
Section 3 -Condemnation Procedure. 22
ARTICLE XII MORTGAGEE'S RIGHTS 23
Section 1 -Notice to Mortgagee. 23
Section 2-Actions Requiring Member Approval. 23
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ARTICLE XIII RIGHTS RESERVED BY DECLARANT 24
Section 1 -Special Declarant Rights. 24
Section 2-Additional Reserved Rights. 25
Section 3 -Rights Transferrable. 25
Section 4-Development and Withdrawal Rights 25
Section 5 -Amendment of the Declaration. 26
Section 6-Amendment of the Map 26
Section 7-Interpretation. 26
Section 8-Maximum Number of Lots. 26
Section 9-Expansion Rights. 26
Section 10-Construction. 26
Section 11 -Construction Easement. 27
Section 12-Reciprocal Easements. 27
Section 13 -Termination of Development Rights. . . 27
Section 14-Transfer of Development Rights. 27
ARTICLE XIV REQUIRED ALLOCATION OF INTERESTS 27
Section 1 -Allocated Interests 27
ARTICLE XV GENERAL PROVISIONS 28
Section 1 -Enforcement. 28
Section 2- Severability. 28
Section 3 -Claims. 28
Section 4-Waiver. 28
Section 5 -Conflicts of Provisions 28
Section 6-Owners Right to Examine. 28
Section 7-Registration by Owner of Mailing Address. 28
EXHIBIT A Legal Description of Potential Expansion Property 30
2494531 B-1550 P-116 06/04/96 03:00P PG 5 OF 36
•
5/29/96 iv 961762
DECLARATION OF COVENANTS,CONDITIONS.AND RESTRICTIONS
FOR
MEADOW VALE FARM
A PLANNED COMMUNITY
AND
MEADOW VALE FARM COMMUNITY ASSOCIATION
PREAMBLE
THIS DECLARATION,made on the date hereinafter set forth, by Meadow Vale Farm, Inc.,
a Colorado corporation, hereinafter referred to as"Declarant."
WITNESSETH:
WHEREAS, Declarant is the owner of the following described property located in Weld
County, State of Colorado,more particularly described as follows:
Lots I through 3 of Block I, Lots 1 through 4 of Block 2, and Lots I through 4 of
Block 3,of the Meadow Vale Farm Subdivision, Weld County, Colorado.
WHEREAS,this Declaration is executed pursuant to and in furtherance of a common and
general plan (a) to protect and enhance the quality, value, desirability and attractiveness of all
property which may be subject to this Declaration;(b)to provide for an association as a vehicle to
perform certain functions for the benefit of owners of property which may become subject to this
Declaration;(c)to define duties, powers and rights of the association;(d)to define certain duties,
powers and rights of owners of property which may become subject to this Declaration with respect
to the association and with respect to the functions undertaken by the association;and(e)to create
a planned common interest community as defined in this Declaration;and
WHEREAS,Declarant,for itself,its successors and assigns, hereby declares that all property
herein or hereafter made subject to this Declaration,in the manner hereinafter provided, and each part
thereof shall,from the date the same becomes subject to this Declaration,be owned, held,transferred,
conveyed,sold, leased, rented,hypothecated, encumbered,used,occupied, maintained, altered and
improved subject to the covenants, conditions, restrictions, limitations, reservations, exceptions,
equitable servitudes and other provisions set forth in this Declaration for the duration thereof, all of
which shall run with the title to such property and be binding upon all parties having any right,title
or interest in said property or any part thereof and upon their heirs, personal representatives,
successors and assigns and shall inure to the benefit of each party having any such right, title or
interest in said property or any part thereof
NOW, THEREFORE, the Declarant with this Declaration states that the real property
described in the Preamble is and shall be held, transferred, sold, conveyed and occupied subject to
the covenants,restrictions,easements,charges,and liens hereinafter set forth. Additionally,Declarant
hereby submits the real estate identified above to the provisions of the Colorado Common Interest
Ownership Act Sections 38-33.3-101 (the Act), et. sec. Colorado Revised Statutes, as it may be
amended from time to time. In the event the Act is repealed,the Act, on the effective date of this
Declaration, shall remain applicable.
ARTICLE I
DEFINITIONS
Section 1. "Architectural Review Committee" shall mean the committee that is formed by
Article IX of these covenants.
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961762
Section 2. "Articles of Incorporation" shall mean the Articles of Incorporation of the
Association, as the same may from time to time be amended.
Section 3. "Association"shall mean and refer to Meadow Vale Farm Community Association,
a Colorado corporation, not-for-profit, its successors and assigns.
Section 4. "Association Fences" shall mean the fences located or to be located on the
Common Area. The precise locations of the Association Fences shall be as determined by Declarant.
Section 5. "Assessment" shall mean and refer to any assessment levied, charged,or assessed
against an Owner in accordance with the provisions of this Declaration.
Section 6. "Assessable Unit" shall mean and refer to any real property within the properties
which is subject to assessments.
Section 7. "Board" shall mean the Executive Board of the Association.
Section 8. "Bylaws" shall mean and refer to the duly adopted Bylaws of the Association, as
the same may from time to time be amended.
Section 9. "Common Area"shall mean and refer to all real property and improvements owned
or leased by the Association other than Lots,as that term is defined herein, which shall include, by
way of example but not limitation,all common sprinkler systems, landscaping of any open space area
adjacent to Lot lines, any exterior signs identifying the subdivision, any pathways built adjacent to
Lots,any lakes or ponds transferred to the Association, all irrigation equipment, pumps and pipelines
necessary to operate a nonpotable water system to furnish irrigation water for Lots within the
subdivision and the raw water provided to the Association to be used for irrigation purposes. This
definition shall expressly exclude any public streets as shown on the Subdivision Plat required by
Weld County,Colorado. The Common Areas shall be owned by the Association at the time of the
conveyance of the first Lot of any phase of development,it being understood that the Common Areas
will be developed and transferred to the Association in phases as the development is completed.
Section 10. "Common Water Line"shall mean a Water Line which services the common areas
or provides nonpotable water for irrigation of Lots within the Subdivision.
Section 11. "Declaration"shall mean the covenants,conditions, and restrictions, and all other
provisions herein set forth in this entire document, as the same may from time to time be amended.
Section 12. "Developer" or Declarant shall mean and refer to Meadow Vale Farm, Inc., a
Colorado corporation, its successors and assigns;provided, however,that no successor or assignee
of the Developer shall have any rights or obligations of the Developer hereunder unless such rights
and obligations are specifically set forth in the instrument of succession or assignment or which pass
by operation of law.
Section 13. "Federal Mortgage Agencies" shall mean and refer to those Federal Agencies
who have an interest in the properties, such as the Federal Housing Administration, the Veteran's
Administration,the Federal National Mortgage Association, and the Federal Home Loan Mortgage
Corporation,or successors to their interest.
Section 14. "First Mortgage" shall mean and refer to any unpaid mortgage,deed of trust or
other security instrument recorded in the records of the office of the Clerk and Recorder of Weld
County,Colorado,having priority of record over all other recorded liens except those governmental
liens made superior by statute(such as general ad valorem tax liens and special assessments). "First
Mortgage"shall also mean and refer to any executory land sales contract wherein the Administrator
of Veterans Affairs,an Officer of the United States of America is the original seller, whether such
contract is recorded or not,and whether such contract is owned by the said Administrator or has been
assigned by said Administrator and is owned by the Administrator's assignee, or a remote assignee,
and the land records in the Office of the Clerk and Recorder of Weld County,Colorado show the said
Administrator as having the record title to the Lot.
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961762
Section 15. "First Mortgagee"shall mean and refer to an institutional lender who holds either
a first deed of trust or a first mortgage on a Lot or Living Unit.
Section 16. "Improvements" shall mean and refer to all improvements now or hereafter
constructed including,without limitation, all Association-owned exterior boundary fencing,exterior
lighting, walks,landscaping, sprinkling systems and irrigation equipment within the project owned
by the Association.
Section 17. "Institutional Mortgagee"or"Institutional Lender" shall mean and refer to a First
Mortgagee which is a federally or state chartered bank,a federal or state savings bank, or savings and
loan institution, a real estate investment trust, or any corporation whose primary business is the
making,purchasing,or placing of mortgage loans,who shall perfect a first priority security position
as to.any Lot or Living Unit constructed within the Project.
Section 18. "Living Unit" shall mean and refer to any structure situated upon the properties
designed and intended for use and occupancy as a residence by a single family.
Section 19. "Lot"shall mean and refer to any numbered area of land shown as such upon any
recorded final filing plat required by Weld County,Colorado,with the exception of Common Area
as heretofore defined. "Lot" shall also mean a "Unit" as defined in C.R.S. §38.33-103(30) as
originally enacted or subsequently amended.
Section 20. "Member" shall mean and refer to the Person designated as such pursuant to
Article III.
Section 21. "Mortgage" shall mean and refer to a mortgage, deed of trust,or other similar
security instrument held or owned by a Mortgagee which encumbers any Lot and/or Living Unit.
Section 22. "Mortgagee" shall mean and refer only to a Mortgagee under a Mortgage or a
beneficiary under a deed of trust or similar security instrument. For the purpose of this Declaration
and the Bylaws,no Person shall be deemed a Mortgagee until written notice of such interest has been
given to the Association together with the name and address of the Mortgagee.
Section 23. "Notice"shall mean and refer to(i)written notice delivered personally or mailed
to the last known address of the intended recipient, or(ii)notice through a Association publication
which is delivered to the Living Units. "Notice to Mortgagee" shall mean and refer to only written
notice delivered personally or mailed to the last known address of the intended recipient and not
notice through a Association publication.
Section 24. "Owner"means any person,corporation,partnership,association, contract sellers
or other legal entity or any combination thereof,including Declarant, who owns the record fee simple
interest in one or more Lots and shall include the purchaser under any executory land sales contract
wherein the Administrator of Veteran's Affairs is seller,whether recorded or not, and whether owned
by said Administrator or his assigns. The term"Owner" shall include any grantee, transferee,heir,
successor,personal representative,executor,administrator,devisee and assign of any Owner but shall
no refer to any Mortgagee as herein defined, or other person or entity having an ownership interest
in any Lot merely as security for the performance of an obligation, unless such Mortgagee has
acquired title pursuant to foreclosure or any proceeding in lieu of foreclosure.
Section 25. "Person" shall mean an individual, corporation, partnership,association,trust,
or other legal entity,or any combination thereof
Section 26. "Project"or"Properties"shall mean and refer to all real property which is subject
to the Declaration.
Section 27. "Quorum of Owners" shall mean the representation by presence or proxy of
Members who hold twenty percent(20%)of the outstanding votes entitled to be cast on any issue.
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961762
Section 28. "Registered Notice"shall mean and refer to any notice which has been signed for
by a recipient or has been certified by the U.S.Postal Service or other entity as having been delivered
to the address of the intended recipient. Failure by refusal of an intended recipient to acknowledge
such Notice shall nevertheless constitute receipt when such refusal is witnessed by one other person.
Section 29. "Related User" shall mean any member of the Family of an Owner who resides
with such Owner; guests and invitees of an Owner; employees and agents of an Owner; and
occupants,tenants and contract purchasers residing in a Living Unit of an Owner who claim by,or
through an Owner.
Section 30. "Single Family"shall have the same meaning as that term is defined in the zoning
ordinance of Weld County, Colorado, as of the date of the recording of this Declaration or as
amended in the future by the governing body of Weld County, Colorado.
ARTICLE II
PROPERTY SUBJECT TO THIS DECLARATION
Section 1 -Existing Property. The real property which is and shall be held, transferred, sold,
conveyed and occupied subject to this Declaration is located in Weld County, Colorado, and is more
particularly described in the Preamble and represents the first area which will be subject to this
Declaration.
Section 2-Right to Expand. Declarant reserves the right but not the obligation to expand
this Project,without the approval of the Owners or First Mortgagees,to include additional land and
one or more additional Lots located upon all or any part of the Expansion Property as described in
"Exhibit A", attached hereto and incorporated herein by this reference; provided, however, that the
total number of Lots in the project, as expanded, shall not exceed Eighty-nine(89). The right of
expansion of the Declarant shall be premised upon Declarant demonstrating reasonable progress in
the development or sale of Lots within the existing project and, if a general plan for development is
required by the FHA or VA,only after the FHA or the VA has determined that the annexation is in
accord with the general plan for development theretofore approved by FHA or VA. Delays in
development or sale of the Lots resulting from causes beyond the reasonable control of Declarant,
shall not affect the right of Declarant to annex further property to the project. In any event, it shall
be conclusively presumed that Declarant is reasonably progressing in the development of Lots within
the existing project if the first annexation proposed by Declarant is effected prior to the fifth(5th)
anniversary of the Recordation of this Declaration, and if any subsequent annexation proposed by
Declarant hereunder is effected prior to the fifth(5th)anniversary of the Recordation of the most
recently Recorded Supplemental Declaration annexing property to the project. By accepting a deed
to a Lot, each Owner hereby grants to Declarant the right to expand the project and to modify the
Owner's rights,title and interest in the Common Area accordingly, as set forth in this Article. My
such expansion shall be subject only to this Article II and shall not make or constitute any amendment
or modification in this Declaration except as provided in this Article II.
Section 3 -Manner of Annexation. Additions to the project may be made by Declarant by
the Recordation of one or more Supplemental Declarations or other written instruments signed by
Declarant. Such Supplemental Declarations or other instruments shall contain legal descriptions of
the additional real property which shall become part of the project and shall declare that such property
shall be subject to this Declaration.
Section 4 -Effect of Supplemental Declaration. Upon the Recording of a Supplemental
Declaration, the property described therein shall be subject to the Restrictions contained in this
Declaration. The property described in a Supplemental Declaration may be made subject to additional
and different Restrictions which are set forth in the Supplemental Declaration provided such
Restrictions are no less restrictive than those contained in this Declaration and, if required, are
approved in writing by the Federal Housing Administration and the Veterans Administration.
Section 5 -Merger. In accordance with its Articles of Incorporation, the properties,rights
and obligations of the Association may,by operation of law,be transferred to another surviving or
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consolidated association similar in corporate nature and purposes or, alternatively, the properties,
rights and obligations of an association similar in corporate nature and purposes may by operation
of law be added to the properties,rights and obligations of the Association as a surviving corporation
pursuant to a merger. The surviving or consolidated association may administer the covenants and
restrictions established upon any other basis as one scheme. No such merger or consolidation,
however, shall effect any revocation, change, or addition to the covenants established by this
Declaration within the Existing Property except as hereinafter provided. Such merger or
consolidation shall have the assent of fifty-one percent (51%) of the Owners of Lots within the
Project at the time of the proposed merger.
ARTICLE III
ASSOCIATION STRUCTURE AND FORMAT
Section 1 -Organization. The Association is a nonprofit,nonstock corporation organized and
existing under the laws of Colorado,charged with the duties and vested with the powers prescribed
by law and set forth in the Articles of Incorporation and Bylaws, as such may be amended from time
to time,provided that the Articles of Incorporation and Bylaws shall not for any reason, be amended
or otherwise changed or interpreted so as to be inconsistent with this Declaration.
Section 2-Membership.
(a) Basis. Membership shall be appurtenant to each Lot giving rise to such
membership, and shall not be assigned, transferred, pledged, hypothecated, conveyed or
alienated in any way except as provided in the Declaration, Articles of Incorporation or
Bylaws.
(b) Member's Rights and Duties. Each Member shall have the rights, duties and
obligations set forth in this Declaration,the Articles of Incorporation or Bylaws.
(c) Voting Rights. The Association shall have one(I)class of voting membership:
Class A: Class A members shall be all Owners of Lots as defined in Article I,
Section 17. Class A Members shall be entitled to one(1)vote for each Lot owned.
(d) Exercise of Vote. Class A Membership shall be appurtenant to and may not
be separated from record ownership of a Lot, and such membership shall automatically
transfer to the new Owner upon any sale,transfer or other disposition of a Lot subject to the
provisions of this Declaration and any Supplements thereto. There shall not be more than one
(I)Class A Member for any Lot within the Project. Upon transfer,sale or other disposition
of all or some of the fee interest in a Lot, the then Owner shall automatically become the
Class A Member with respect to such Lot. The vote for any Membership, which is held by
more than one (I) person may only be exercised by one (I) person, or if the Owner is a
corporation,by an officer of such corporation. A written notice subscribed to by all of such
persons or by such corporation, as the case may be, designating one(1)of such persons or
an officer of such corporation as the person entitled to cast the vote with respect to such Lot
shall be delivered to the Secretary of the Association prior to the start of any annual or special
meeting of the Association. Without this written notice,the vote for the Membership shall
not be counted.
Section 3 -Executive Board.
(a) Composition. The number of Directors shall be as provided in the Articles of
Incorporation and Bylaws.
(b) Extent of Power.
(1) The Executive Board shall have all powers for the conduct of the
affairs of the Association which are enabled by law or the Declaration of Covenants
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or the Articles of Incorporation and its Bylaws which are not specifically reserved to
Members,the Declarant or the Architectural Review Committee by said Documents.
(2) The Executive Board shall exercise its powers in accordance with this
Declaration of Covenants, Articles of Incorporation and its Bylaws.
ARTICLE IV
DUTIES AND POWERS OF MEADOW VALE FARM
COMMUNITY ASSOCIATION
Section I -General Duties and Powers of Association. The Association has been formed to
further the common interests of the Members of the Association. The Association, acting through
its Executive Board or Persons to whom the Board has delegated such powers, shall have the duties
and powers hereinafter set forth and,in general,the power to do anything that may be necessary or
desirable to further the common interests of the Members of the Association, to maintain,improve
and enhance the Common Area and to improve and enhance the attractiveness and desirability of the
Project.
Section 2-Duty to Accent and Maintain Property and Facilities Transferred by Declarant.
The Association shall accept title to and maintain the Common Areas, including any Improvements
thereon, Association Fences and personal property or equipment transferred to the Association by
the Declarant,together with the responsibility to perform any and all of the functions set forth in this
Declaration in connection therewith,provided that such property and functions are not inconsistent
with the terms of this Declaration. Real property interests transferred by Declarant to the Association
shall consist of fee simple title to the Common Area, Association Fences and the easements therefor
as contained herein. Except as otherwise specifically approved by resolution of the Executive Board
of the Association, no real property transferred to the Association by Declarant and no personal
property transferred to the Association by Declarant shall impose upon the Association any obligation
to make monetary payments to Declarant nor any affiliate of Declarant,including, but not limited to,
any purchase price, rent, charge or fee. The interest in property transferred to the Association by
Declarant shall not impose any unreasonable or special burden on the Association other than the
duties set forth hereinafter.
Section 3-Duty to Manage and Care for the Association Fences. Upon commencement of
the Common Assessments and following the installation of the Association Fences,the Association
shall manage, operate, care for, maintain, repair and replace the Association Fences and keep the
Association Fences in a neat, attractive and desirable condition.
Section 4-Duty to Manage and Care for Lot Irrigation.System and Common Water Lines.
Upon the commencement of Common Assessments and following the installation of irrigation
equipment and water lines for irrigation of individual Lots, the Association shall manage,care for,
maintain,repair and replace all equipment associated with providing irrigation water to Lots from the
Association. The Association shall not be responsible for the maintenance, repair and replacement
of any irrigation system that is constructed on the internal Lot in order to irrigate a Lot. The
responsibility of the interior Lot irrigation system shall be that of the Lot Owners and not of the
Association.
Section 5-Duty to Pay Taxes and Assessments. The Association shall be obligated to pay
all taxes and assessments levied on any property or facilities transferred to or acquired and owned by
the Association except taxes and assessments applicable to the period prior to transfer of such
property or facilities by Declarant which shall be prorated as of the time of such transfer and paid by
Declarant. The Association may contest the validity or applicability of any such taxes, assessments
or impositions so long as such contest does not jeopardize the title of the Association to any such
property or facilities.
Section 6-Duty to Prepare Bud es e . The Association shall prepare budgets as elsewhere
provided in this Declaration.
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Section 7-Duty to Levy and Collect Assessments. The Association shall levy and collect
Assessments as elsewhere provided in this Declaration.
Section 8-Duty to Provide Audit. The Association may provide for an annual audit of the
accounts of the Association. If required by a Government Mortgage Agency such audit may be an
independent audit. Copies of the report of the audit will be made available to any Member who
requests a copy of the same upon payment of such Member of the reasonable cost of copying the
same.
Section 9 - Power to Adorn Rules and Regulations. The Association may adopt, amend,
repeal and enforce rules and regulations as may be deemed necessary or desirable with respect to the
interpretation and implementation of this Declaration,the operation of the Association, and the use
of any property within the project. Any such rules and regulations shall be reasonable and uniformly
applied. Such.rules and regulations shall be effective only upon adoption by resolution of the
Executive Board of the Association. Notice of the adoption, amendment or repeal of any rule or
regulation shall be given in writing to each Member of the Association at the address for notices to
Members as elsewhere provided in this Declaration or the Bylaws of the Association, and copies of
the currently effective rules and regulations will be made available to each Member upon request and
payment of the reasonable expense of copying the same. Each Member shall comply with such rules
and regulations and shall see that Related Users comply with such rules and regulations. Such rules
and regulations shall have the same force and effect as if they were set forth in and were part of this
Declaration. In the event of conflict between the rules and regulations and the provisions of this
Declaration,the provisions of this Declaration shall prevail.
Section 10-Power to Enforce Declaration and Rules and Regulations. The Association shall
have the power to enforce the provisions of this Association Declaration and of its rules and
regulations and shall take such action as the Executive Board of the Association deems necessary or
desirable to cause such compliance by each Member of the Association and each Related User.
Without limiting the generality of the foregoing,the Association shall have the power to enforce the
provisions of this Declaration and of rules and regulations of the Association by any one or more of
the following means: (a)by entry upon any property within the Association Area(when a bona fide
emergency exists),without liability to the Owner thereof,for the purpose of enforcement or causing
compliance with this Declaration or rules and regulations of the Association;(b)by commencing and
maintaining actions and suits to restrain and enjoin any breach or threatened breach of the provisions
of this Declaration or the rules and regulations of the Association, by mandatory injunction or
otherwise;(c)by commencing and maintaining actions and suits to recover damages for breach of any
of the provisions of this Declaration or the rules and regulations of the Association;(d)by suspension,
after notice and hearing of the voting rights of a Member of the Association during and for up to sixty
(60)days following any breach by such Member or a Related User of such member of this Declaration
or such rules and regulations,unless the breach is a continuing breach, in which case such suspension
shall continue for so long as such breach continues;(e)by levying and collecting, after notice and
hearing a Reimbursement Assessment against any member of the Association for breach of this
Declaration or such rules and regulations by such Member or a Related User of such member;and
(0 by levying and collecting, after notice and hearing as defined in this Declaration, reasonable and
uniformly applied fines and penalties, established in advance in the rules and regulations of the
Association, from any Member of the Association for breach of or failure to comply with this
Declaration or such rules and regulations by such Member or a Related User of such member.
Section 11 -Power to Provide Special Services for Members. The Association shall have the
power to provide services to a Member or group of members. Any service or services to a Member
or group of Members shall be provided pursuant to an agreement in writing,or through one or more
special service contract(s), which shall provide for payment to the Association by such Member or
group of Members of the reasonably estimated costs and expenses of the Association of providing
such services, including a fair share of the overhead expenses of the Association, and shall contain
reasonable provisions assuring that the obligation to pay for such services shall be binding upon any
heirs,personal representatives,successors and assigns of the Member or group of Members and that
the payment for such services shall be secured by a lien on the property of the Member or group of
Members.
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Section 12-Power to Employ Managers. The Association shall have the power to retain and
pay for the services of a Manager or Managers to undertake any of the management or functions for
which the Association has responsibility under this Declaration to the extent deemed advisable by the
Association, and may delegate any of its duties, powers or functions to any such Manager. Any
contract or agreement with any such Manager shall be terminable by the Association for cause on no
more than thirty(30)days'prior written notice, and shall be terminable by the Association without
cause and without payment of a termination fee on no more than ninety (90) days' prior written
notice. Any such contract or agreement shall be for a term of no more than one(1)year but may be
subject to renewal for succeeding terms of no more than one(1)year each. Notwithstanding any
delegation to a Manager of any duties, powers or functions of the Association, the Association and
its Executive Board shall remain ultimately responsible for the performance and exercise of such
duties, powers and functions. Any agreement or contract with a Manager may contain any other
provisions which are required to be contained therein by any Government Mortgage Agency.
Section 13 -Power to Engage Employees. Agents and Consultants. The Association shall
have the power to hire and discharge employees and agents and to retain and pay for legal and
accounting services as may be necessary or desirable in connection with the performance of any duties
or the exercise of any powers of the Association under this Declaration.
Section 14 - General Corporate Powers. The Association shall have all of the ordinary
powers and rights of a Colorado corporation formed under the Colorado Nonprofit Corporation Act,
including, without limitation, entering into partnership and other agreements, subject only to such
limitations upon such powers as may be set forth in this Declaration or in the Articles of
Incorporation or Bylaws of the Association. The Association shall also have the power to do any and
all lawful things which may be authorized, required or permitted to be done under this Declaration
or the Articles of Incorporation and Bylaws of the Association and to do and perform any and all acts
which may be necessary or desirable for, or incidental to,the exercise of any of the express powers
or rights of the Association under this Declaration and the Articles of Incorporation and Bylaws of
the Association.
ARTICLE V
COVENANTS FOR ASSESSMENTS
Section 1 -General. The Association shall have the power to levy Assessments against the
Lots and the Owners thereof, and each Owner, and, if more than one(1)Person,all such Persons,
jointly and severally,by acceptance of the deed to a Lot,whether or not it shall be expressed in any
such deed, shall be deemed to covenant and agree expressly in any such deed to pay all such
Assessments in the manner and for the purposes provided herein. Subject to the provisions hereof,
the Board shall have the power and authority to determine all matters in connection with
Assessments, including the power and authority to determine where, when, and how Assessments
shall be paid to the Association, and each Owner shall comply with such determination.
Section 2-Method of Assessment. All Assessments shall be levied by the Association against
Lots and collected and disbursed by the Association. The Executive Board shall fix the amount of
the Assessments as provided hereinafter and set the date or dates such Assessments shall become due.
Section 3-Relationship of the Association Lien to Mortgages. Except as provided in C.R.S.
§38-33.3-316 as originally enacted or as subsequently amended by the Colorado Legislature,the lien
of the assessments provided for herein shall be subordinate to the lien of any First Mortgage,
including any executory land sales contract wherein the Administrator of Veterans Affairs(Veterans
Administration)is the seller,whether such contract is owned by the Veterans Administration or its
assigns,and whether such contract is recorded or not. The lien of such assessments shall be superior
to any homestead exemption or other exemption as is now or may hereafter be provided by Colorado
or Federal law. 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. Sale or transfer of any Lot
shall not affect the liens for said charges except that sale or transfer of any Lot pursuant to mortgage
foreclosure or any proceeding in lieu thereof, including a deed in lieu of foreclosure or cancellation
or forfeiture of an executory land sales contract shall extinguish the lien of such charges as to
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payments which became due prior to such sale,transfer, cancellation or forfeiture of executory land
sales contract. No sale, transfer, cancellation or forfeiture of executory land sales contract shall
relieve such Lot from liability for any such charges thereafter becoming due or from the lien thereof;
provided,however,that in the event of foreclosure of a First Mortgage or the taking of a deed in lieu
thereof such First Mortgagee shall not be liable for unpaid assessments or other charges which accrue
prior to the acquisition of title to the Lot in question by such First Mortgagee except to the extent
C.R.S. §38-33.3-316 grants a superior priority to liens of the Association in relationship to a first
mortgage.
Section 4-General Assessments.
(a) Purpose. The General Assessment shall be used exclusively to promote the
welfare of the Members and in particular to improve, maintain and operate the Common
Areas and facilities and to maintain any Lot, including funding of an adequate reserve fund
for maintenance,repair and/or replacement of those elements of the Common Areas that must
be replaced on a periodic basis, and to pay annual insurance costs necessary to the
Association, all tax liabilities assessed by any federal, state or local tax authority relating to
the common areas,as well as any professional fees incurred by the Association. Each Owner,
including the Declarant,shall have the obligation to pay the General Assessment for each Lot
owned within the Association.
(b) Basis for Assessment. For General Assessment purposes all Lots which are
or have been occupied shall be assessed at One Hundred Percent (100%) of the General
Assessment rate.
(c) Estimate of Monthly Assessments. It is anticipated by the Declarant that the
initial monthly assessment shall be estimated to be between Thirty-Five and no/l00 Dollars
($35.00) and Seventy-Five and no/I00 Dollars ($75.00) per month based upon budget
projections of the Declarant. After the initial year of operation of the Association,
assessments may be modified in accordance with the provisions of this Article V. regarding
covenants for assessments.
(d) Method of Assessment. By vote of a majority of the Executive Board,the
Board shall fix the General Assessment at an amount not in excess of the current maximum
assessment, provided, however, that the General Assessment shall be sufficient to meet the
obligations imposed by the Declaration. In the event the Board fails to fix an Assessment for
any fiscal year, then each Assessment established for the prior year shall automatically be
continued until such time as the Board acts.
(e) Date of Commencement of General Assessments. All General Assessments
shall be either an unimproved lot assessment or an improved lot assessment. The unimproved
lot assessment shall commence on the first day of the month following the recording of the
subdivision plat by the Developer/Declarant. The improved lot assessment shall commence
on the first day of the month following the issuance of a Certificate of Occupancy for a
residential dwelling on the Lot by Weld County.
Section 5 - Budget Process. To determine the amount required to be raised by General
Assessments for any fiscal year,the Executive Board shall prepare an Annual Budget for such fiscal
year showing, in reasonable detail, the various matters proposed to be covered by the Budget,the
estimated costs and expenses which will be payable, and the estimated income and the funds which
will be available in that fiscal year,and the estimated total amount of money required to be raised by
the General Assessment to cover such costs and expenses and to provide a reasonable reserve. The
total amount of money required to be raised by the General Assessment for such fiscal year shall be
the amount as determined by the Board necessary to satisfy the costs and expenses of fulfilling such
functions and obligations of the Association in the coming fiscal year, including the payment of debts
from prior fiscal years,providing reasonable reserves, and providing a reasonable carry-over reserve
for the following fiscal year. 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 Lot Owners and shall set a date for a meeting of the Lot
•
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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 a majority of all Lot
Owners present at the meeting, in person or by proxy, rejects the budget, the budget is ratified,
whether or not a quorum is present. In the event the proposed budget is rejected, the periodic budget
last ratified by the Lot Owners must be continued until such time as the Lot Owners ratify a
subsequent budget proposed by the Executive Board.
Section 6-Supplementary Assessments. In the event that the Board shall determine,at any
time or from time to time, that the amount of the General Assessment is not adequate to pay for the
costs and expenses of fulfilling the Association's obligations hereunder, one or more Supplementary
Assessments may be made for the purpose of providing the additional funds required. To determine
the amount required to be raised by each Supplementary Assessment, the Board shall revise the
annual budget for such fiscal year provided in Article V, Section 5, or prepare a new budget, a copy
of which shall be furnished to any Owner, or on request,to any Mortgagee. Based on such revised
or new Budget,the Board may make a Supplementary Assessment for such fiscal year against each
Lot,the amount of which shall be determined by the Board as provided in Section 5 of this Article,
including the notice to Owners and Owners meeting for ratification.
Section 7 - Special Assessments. Special Assessments may be made for the purposes of
raising funds for capital improvements and for any other Association purpose for which General
Assessments may not or have not been made. Whether to make a Special Assessment and the amount
thereof per Lot shall be determined by the Board;provided that no Special Assessment shall be valid
unless approved by a majority vote of the Members present and voting in person or by proxy at any
Annual Meeting of the Members of the Association or at any Special Meeting thereof called for the
purpose of considering such Special Assessment.
Section 8 - Reimbursement Assessments. The Executive Board of the Association may,
subject to the provisions hereof,levy an Assessment against any Member if(a)the willful or negligent
failure of the Member or Related User of the Member to comply with this Declaration, the Articles
of Incorporation,the Bylaws of the Association, rules and regulations adopted by the Association or
guidelines or rules adopted by the Association Architectural Review Committee have resulted in the
expenditure of funds to cause such compliance,or(b)if a Member or a Related User of the Member
shall fail to pay any fines or penalties established in the rules and regulations of the Association for
breach of or failure to comply with this Declaration or such rules and regulations. Such Assessments
shall be known as Reimbursement Assessments. The amount of the Reimbursement Assessments
shall be due and payable to the Association thirty(30)days after notice to the Member of the decision
of the Executive Board of the Association that the Assessment is owing.
Section 9 - Time for Payments. The General Assessment for each Lot shall be payable,
subject to Section 12 of this Article V, in twelve equal monthly installments due on the first day of
each month and shall become delinquent if not paid by the tenth(10th)day of each month. Special
and Supplementary Assessments shall be payable as provided in the resolutions authorizing the same.
All installments of General,Supplementary,and Special Assessments shall be due and payable without
notice or demand, and all Assessments shall be paid without any setoff or diminution of any kind.
Any Assessment or installment thereof or other amount payable pursuant to this Section or under the
Articles of Incorporation or its Bylaws which is not paid when due shall bear interest from the
delinquency date until paid at the maximum rate permitted by law for interest as provided in Colorado
Revised Statutes §38-33.3-315(2)or any subsequent amendment thereto or such lesser rate as the
Board shall determine and/or may be subject to a late charge as may be set and uniformly applied by
the Board. All payments on account shall be first applied to interest and late charges and then to the
Assessment payment due.
Section 10-Lien for Assessments and Other Amounts. The Association shall have a lien
against each Lot to secure payment of any Assessment and other amounts due and owing to the
Association with respect to that Lot which shall be created and enforced as provided in Colorado
Revised Statutes§38-33.3-316 or any subsequent amendment thereto.
Section II -Reserve Capital. The Association or Declarant may require the Owner of any
Lot who purchases that Lot from Declarant to make a contribution to reserve capital equal to two
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monthly general assessments currently being collected by the Association from its members with the
Association,which sum shall be held,by the Association as and for reserve capital. Reserve capital
shall not be used for recurring expenses in the Association but rather shall be used for extraordinary
expenses that were not anticipated by the Board. Any use of reserve capital shall reauire the prior
approval of a maiority vote of the Members present at voting in person or in proxy at an Annual
Meeting of the Members of the Association or at any Special Meeting thereof called for the purpose
of considering the use of reserve capital. Such deposit shall not relieve an Owner from making the
regular payment of assessments as the same become due. Any amount collected, shall not be
refunded to the owner upon the sale or transfer of a Lot. No owner shall be entitled to interest on
any amount provided as working capital to the Association. The provisions of this Section 12 shall
not apply to the Declarant or any successor in interest to the Declarant.
Section 12-Estoppel Certificate. Upon payment of a reasonable fee and upon written request
of any.Owner,or.First Mortgagee,or any person with any right,title or interest in a Lot or intending
to acquire any right,title or interest in a Lot,the Association shall furnish a written statement stating
forth the amount of any Assessments,if any,due or accrued and then unpaid with respect to such Lot
and the amount of the Assessments for the current fiscal period of the Association payable with
respect to the Lot,which statement shall,with respect to the party to whom it is issued, be conclusive
against the Association,for all purposes,that no greater or other amounts were then due or accrued
and unpaid.
Section 13 -No Abatement. No diminution or abatement of Assessments shall be allowed
or claimed for any reason including,without limitation, from the making of repairs or improvements
to the Common Area or from any action taken to comply with any law, ordinance or order of a
governmental authority.
Section 14-Rights of First Mortgagees. Any First Mortgagee of a Lot within the Project
may jointly or severally pay any tax or other charge which is in default and which may have become
a charge or a lien against any common area of the Association, and any First Mortgagee may jointly
or severally pay any overdue premium on hazard insurance policies or secure new hazard insurance
coverage on the lapse of any such policy, upon common area of the Association, and any First
Mortgagee(s) making such payments shall be entitled to immediate reimbursement therefor from
Meadow Vale Farm Community Association.
Section 15 -Exempt Property. The following property subject to this Declaration shall be
exempted from the Assessments,a charge and lien created herein: (a)All properties to the extent of
any easement or other interest therein dedicated and accepted by a public authority and devoted to
public use; (b) all Common Areas; and (c) all properties exempted from taxation by the State or
County Government on the terms and to the extent of such legal exemption.
ARTICLE VI
USE AND OTHER RESTRICTIONS
Section 1 -Nuisances. No nuisance shall be permitted to exist or operate upon any property
so as to jeopardize property values or to be detrimental to the well being of any other Member of the
Association.
Section 2-Restriction on Further Subdivision. No Lot upon which a residential dwelling has
been constructed shall be further subdivided or separated into smaller lots by any Owner, and no
portion less than all of any such Lot,nor any easement or other interest herein shall be conveyed or
transferred by an Owner,provided that this shall not prohibit deeds of correction, deeds to resolve
boundary line disputes,and similar corrective instruments.
Section 3-Single-Family Residences. No Lot shall be used for any other purpose other than
as a single-family residence, and no business or commercial activity shall be carried on or within the
Project other than those home occupations defined as such in the Weld County Zoning Code.
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Section 4-Common Area Restriction. All use and occupancy of the Common Areas within
the subdivision shall be subject to and governed by the Rules and Regulations adopted by the
Association. No damage or waste shall be committed to the Common Areas or Improvements
located thereon.
Section 5 -No Imperiling of Insurance. Nothing shall be done or kept in or on any portion
of the Project which might result in an increase in the premiums with respect to insurance obtained
for all or any portion of the Project or which might cause cancellation of such insurance except with
the prior written consent of the Association.
Section 6-No Violation of Law. Nothing shall be done or kept in or on any portion of the
Project which would be in violation of any Statute,Rule, Ordinance,Regulations, Permit or validly
imposed requirement of any governmental body.
Section 7-Appearance. All Lots shall be kept in a clean, safe and attractive condition, and
no rubbish,refuse or garbage shall be allowed to accumulate.
Section 8 -Restrictions on Signs. No signs or advertising devices of any nature shall be
erected or maintained on any part of the Project(including, without limitation, any Lot)without the
prior written approval of the Architectural Review Board of the Association.
Section 9 - Conditions for Architectural Control. No improvements, alterations, repairs,
change of paint colors, excavations, changes in grade or other work which in any way alters the
exterior of any Lot, Living Unit, Common Area or the improvements located thereon from their
natural or improved state existing on the date such property was first subject to this Declaration shall
be made or done without compliance with the procedures set forth in Article IX of this Declaration
regarding Architectural control.
Section 10-Rules and Regulations. Every Owner or guests or members of the family, or
Related User,and employees shall strictly adhere to the Rules and Regulations adopted from time to
time by the Association. The Board may adopt general rules, including but not limited to, rules to
regulate potential problems relating to the use of the property and the well-being of the members,
such as keeping of animals,storage items and the use of all vehicles, storage and use of machinery,
use of outdoor drying lines, antennas, signs, trash, trash containers, maintenance and removal of
vegetation on the properties.
Section 11 -Restrictions on Parking and Storage. Except as expressly heretofore provided,
no Lot,including the private drives,or parking areas,unless specifically designated by the Association
therefor, shall be used as a parking, storage, display or accommodation area for any type of house
trailer, camping trailer, boat trailer, hauling trailer, running gear, boat or accessories thereto,
motor-driven cycle,truck,self-contained motorized vehicle or any type of van except as a temporary
expedience for loading,delivery or emergency. The same shall be stored,parked or maintained within
the garage area of a Living Unit. This restriction, however, shall not restrict trucks or other
commercial vehicles within the Properties which are necessary for the construction of residential
dwellings or the maintenance of the Common Area or Lots. This restriction, however, shall not
prevent Owners.of Lots from having guests who park in the private drives or parking areas of a Lot.
Section 12-Animals Within Proiect. Animals shall be kept or harbored within the Project
subject to the existing ordinances of Weld County,Colorado. It shall be the obligation of each Owner
owning a pet to control said pet in accordance with existing ordinances of Weld County,Colorado.
It shall be the responsibility of each owner to maintain any Lot or Common Area used in any manner
by any pet to avoid any noise or odor or nuisance to any other owner within the Association. The
Executive Board of the Association may, at any time, create rules and regulations regarding the
keeping of animals within the subdivision, and all Owners shall be subject to this covenant which
requires that the Owners comply with the terms and conditions of those rules and regulations
regarding animals within the Project. Any rules and regulations regarding animals shall be established
in accordance with the Bylaws of the Association. No more than four household or residential pets
shall be allowed unless specifically approved by the Executive Board of the Association. No more
than four animals of any type which are non-household pets including by way of definition,but not
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limitation,horses,cows,sheep,goats,or llamas,shall be kept on any Lot unless specific authorization
for additional animals is provided by the Executive Board of the Association. No animal shall be kept
within the Project for any commercial purpose. No Lot Owner shall allow an animal owned or
controlled by that Lot Owner to utilize any open space within the Development for grazing of any
type.
Section 13-Control of Antennas and Receiving Eauipment. As of the date of recording,the
Declarant can not represent that cable television service will be provided to the subdivision. Exterior
television receiving or transmitting devices of any type including receiving or transmission equipment
for microwave transmissions and any radio receiving or transmitting devices of any type are expressly
prohibited unless approved in writing by the Architectural Review Committee of the Association.
Section 14 - Underground Electric Lines. All electric, television, radio, telephone line
installations and connections from any property line of a Lot to a Living Unit or other structures shall
be placed underground,except that during the construction of a Living Unit, the contractor or builder
may install a temporary overhead utility line which shall be promptly removed upon completion of
construction.
Section 15-No Hazardous Activities. No activities shall be conducted on the project and on
improvements constructed on the project 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 of the Project and no open fires shall be lighted or permitted on the Project except in a contained
barbecue unit while attended and in use for cooking purposes or within a safe and well-designed
interior fireplace.
Section 16-No Annoying Light, Sound or Odors. No light shall be emitted from any Lot
which is unreasonably bright or causes unreasonable glare; no sound shall be emitted on any Lot
which is unreasonably loud or annoying; and no odor shall be emitted on any Lot which is noxious
or offensive to others.
Section 17-Dog Runs,Clotheslines and Storage Areas. No clothesline,dog run, drying yard,
storage area or wood pile shall be constructed or altered within the Project without being approved
according to the provisions of this Declaration regarding Architectural Control.
Section 18-Garbage and Refine Disposal. No garbage, refuse, rubbish or cuttings shall be
deposited on any street or Lot unless placed in a container suitably located solely for the purpose of
garbage pickup. All equipment for the storage or disposal of such materials shall be kept in clean and
sanitary condition.
Section 19-Repair. 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 on any
Lot unless it is done within completely enclosed structures located in the Living Unit which screen
the sight and sound of the activity from the street and from adjoining property nor shall any such
activity be performed on the Common Area. The foregoing restriction shall not be deemed to prevent
washing and polishing of any motor vehicle,boat,trailer or motor-driven cycle,together with those
activities normally incident and necessary to such washing and polishing.
Section 20- Storage. No tanks for the storage of gas, fuel, oil or other materials shall be
erected,placed or permitted above or below the surface of the Lot.
Section 21 -Trash Burning. Trash, leaves and other similar materials shall not be burned
within the Project.
Section 22-Owner's Obligation Upon Resale of Lot. The deed or instrument transferring title
to any Lot shall contain a provision incorporating by reference the covenants and restrictions set forth
in this Declaration, as well as any applicable Supplementary Declarations.
Section 23 -Maintenance of Site Views Within Meadow Vale Farm. No residential home,
or ancillary building shall be placed or constructed within Meadow Vale Farm without the prior
written approval of the Architectural Review Committee as set forth in Article IX. of these covenants.
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The location, height,width, and dimensions of all residences and ancillary buildings shall be subject
to a site review by the Architectural Review Committee prior to construction and shall require the
Lot Owner to stake on the Lot the proposed residence or other ancillary improvement for review and
approval by the Architectural Review Committee prior to construction. All decisions regarding site
views within the Meadow Vale Farm shall be made by the Architectural Review Committee and shall
be site-specific to each Lot within the Development.
Section 24-Weed Control. Each Lot Owner shall be responsible for weed control on each
Lot owned by that Owner. The Association shall enforce a weed height standard which requires that
weeds shall not exceed twelve inches in height. Should a Lot Owner allow weeds to exceed twelve
inches in height,the Association may,but shall not be required,to give the Lot Owner written notice
of its intent to mow the weeds and should the Lot Owner not mow the weeds within seven days after
receiving said notice, or should the Association deem it necessary for immediate maintenance to
occur,the Association may employ agents to perform the weed maintenance, pay for the cost of that
maintenance,and then recover it from the Lot Owner in the form of a reimbursement assessment as
described in Article V. Section 8 of these covenants.
Section 25 - Shared Responsibility of Lot Owners for Maintenance of Paths Serving
Development. Each Lot Owner who owns a horse and maintains that horse within any Lot within
the Development, shall share equally in the expense of the removal of horse excrement from
Common Areas Paths whether or not said Lot Owner and the horse use the paths on a recurring basis.
The Association shall have the ability to assess for removal of horse excrement from Common Area
Paths that relates to horse usage by determining on an annual basis the cost of such maintenance and
then dividing it by the total number of horses that are maintained on Lots within the Development and
charging each horse owner based on the number of horses owned and maintained on Lots within the
Development. Should a Lot Owner fail to pay any assessment requested by the Association under
this Section, the Association may bring an action to collect that amount as a reimbursement
assessment as set forth in Article V. in Section 8 of these covenants.
Section 26-Fencing Standards for Lot Owners Who Maintain Horses on a Lot. In the event
that a Lot Owner owns and maintains a horse on a Lot, the horse shall be maintained in the rear area
of the Lot and whose front fence shall be built on a line which is parallel to the rear elevation of any
residence as located on the Lot.
Section 27-Restriction on Commercial Farming. No commercial farming shall be allowed
on any portion of any Lot within the Development. Vegetable gardens shall be permissible as long
as the vegetables grown on those gardens are either for the use of the Lot Owner or are given away
by a Lot Owner to other persons.
Section 28-Restriction on Storage of Hay or Straw. Lot owners shall store hay, straw,or
any other food supply in an enclosed permanent structure. The location, size, and architectural
design of the storage structure shall be subject to the provisions of Article IX. of the declaration
regarding architectural control. No outside storage of hay, straw or other items shall be allowed on
any lot within the development.
Section 29-Possible Mandatory Interior Fire Sprinkling Systems Required. The Declarant
has been informed by the Mountain View Fire Protection District that if the interior finished living
space of any residential home exceeds 3600 square feet, that the fire protection district will require
a mandatory interior fire protection sprinkling system to be installed in that residence. Each lot owner
who constructs a residence in excess of 3600 square feet shall be required to comply with the fire
protection standards of the Mountain View Fire Protection District. Those standards exist on the
date of the recording of this Declaration or are subsequently amended after the recording of this
Declaration.
Section 30 - Covenants Run with Land. It is expressly understood and agreed that all
covenants, conditions and restrictions contained herein are intended to and shall run with the land,
and Declarant hereby agrees,for itself and its successors and assigns,that such covenants, individually
and collectively, touch and concern the land and shall be binding, fully and in all respects, upon
Declarant's successors in title to the land,regardless of how succession of title may be accomplished.
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ARTICLE VII
INSURANCE
Section 1 -Insurance. All insurance,other than title insurance, carried in connection with the
Common Area,Lots,Living Units, Improvements and Project shall be governed by the provisions
of this Article VII.
Section 2-Insurance Requirements Generally. The Association shall obtain and maintain in
full force and effect at all times certain casualty,liability and other insurance as hereinafter provided.
All such insurance shall be obtained, to the extent possible, from responsible companies duly
authorized and licensed to do insurance business in the State of Colorado.
To the extent possible,the casualty,property and liability insurance shall: (1)provide for a
waiver of subrogation by the insurer as to claims against the Association, its directors, officers,
employees, agents and members; (ii)provide that the insurance cannot be canceled, invalidated or
suspended on account of the conduct of the Association,its officers, directors, employees and agents;
(iii)provide that the policy of insurance shall not be terminated, canceled or substantially modified
without at least thirty (30) days' prior written notice to the Association; and (iv) provide for a
standard Mortgagee's Clause in favor of all First Mortgagees who have an interest within the Project.
Any insurance policy may contain such deductible provisions as the Association deems
consistent with good business practice and which shall be consistent with the requirements of any
First Mortgagees. Any loss falling within the deductible portion of a policy shall be paid by the
Association, but may be recovered from the Lot Owner(s)whom the Association determines to be
responsible for the loss. The cost and expense of all insurance obtained by the Association shall be
paid out of Association funds collected by Assessments and otherwise as elsewhere provided in this
Declaration.
Section 3 - Insurance for Common Area and Fidelity Insurance. The Association shall
maintain insurance covering all insurable improvements located or constructed upon the Common
Areas. The Association shall maintain the following types of insurance, to the extent that such
insurance is reasonably available from a carrier with a Best's Insurance Rating of Class X-B or better:
(a) A policy of property insurance covering all insurable improvements located
on the Common Area, with coverage sufficient to obtain a replacement cost endorsement
providing that any claim will be settled on a full replacement cost basis without deduction for
depreciation, and including an "Inflation Guard Endorsement" and an "Agreed Amount
Endorsement." The Association may also purchase a "Demolition Endorsement," an
"Increased Cost of Construction Endorsement," a"Contingent Liability from Operation of
Building Laws Endorsement"or the equivalent and/or coverage on personal property owned
by the Association. Such insurance as maintained by the Association pursuant to this
subsection shall afford protection against at least the following:
(1) loss or damage by fire and other hazards covered by the standard all
risk form;and
(2) such other risks as shall customarily be covered with respect to
projects similar in construction,location and use.
(b) A comprehensive policy of public liability insurance covering all of the
Common Areas insuring the Association in an amount not less than $1,000,000 covering
bodily injury,personal injury and property damage liability arising out of a single occurrence,
such coverage to include protection against liability for non-owned and hired automobile and,
if applicable,garagekeeper's liability,water damage liability, contractual liability,workmen's
compensation insurance for employees of the Association and such other risks as shall
customarily be covered with respect to projects similar in construction, location and use.
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(c) A policy providing adequate fidelity coverage or fidelity bonds to protect
against dishonest acts on the part of officers, directors, trustees and employees of the
Association and all others who handle or are responsible for handling funds of the
Association. 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; and
(3) the amount of coverage shall not be less in aggregate than two (2)
months current assessments plus reserves, as calculated from the current budget of
the Association or such amount that is subsequently required by legislative
amendment to C.R.S. §38-33.3-313
All policies of insurance in this Section 3 shall contain waivers of subrogation and waivers of
any defense based on invalidity arising from any acts of a Member of the Association and shall
provide that the policies may not be canceled or substantially modified without at least thirty(30)
days' prior written notice to the insured, as well as to the First Mortgagees of Lots who have
requested notice of cancellation or modification from the Association. Duplicate originals of all
policies and renewals thereof,together with proof of payment of premiums, shall be delivered to any
First Mortgagee of any Lot upon written request. The insurance shall be carried in blanket form
naming the Association, as the insured, as trustee and attorney in fact for all Owners, and their
respective First Mortgagees and each Owner shall be an insured person under such policies with
respect to liability arising out of any such Owner's membership in the Association.
Section 4-Insurance on Dwellings. Each Owner of a Lot shall be responsible for obtaining
general liability and property insurance for all dwellings built on each Lot owned without participation
by the Association. Insurance coverage on the furnishings and other items of personal property
belonging to an Owner shall be the Owner's responsibility as well.
Section 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 Owner and
such Owner's policy covers the same property or loss, or any portion thereof,which is covered by
such Association policy,such Association policy shall be primary insurance not contributing with any
other insurance.
Section 6-Workmen's Compensation and Employer's Liability Insurance. The Association
may obtain and maintain workman's compensation and employer's liability insurance as may be
necessary to comply with applicable laws.
Section 7 -Notice of Loss to First Mortgagees. Provided that a First Mortgagee has, in
writing, requested the following information and has furnished the Association with the address to
which said First Mortgagee wants the information sent,then in the event there shall be any damage
to or destruction of the Common Area which shall be in excess of Ten Thousand Dollars
(S10,000.00), timely written notice of any such damage or destruction shall be given by the
Association to such First Mortgagee.
Section 8 - Annual Review of Insurance Policies. All insurance policies carried by the
Association shall be reviewed at least annually by the Executive Board of the Association to ascertain
that the coverage provided by such policies adequately covers those risks insured by the Association.
Section 9 - Distribution of Insurance Proceeds by the Association. In the event the
Association is required to distribute any insurance proceeds directly to an Owner for losses to
property,any such distribution shall be made jointly payable to the Owner and any First Mortgagee
of record,as defined in this Declaration.
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Section 10-Other Insurance. The Association may obtain insurance coverage against such
additional risks as it shall determine to be appropriate.
ARTICLE VIII
VARIOUS RIGHTS AND EASEMENTS
Section 1 -Association Easements. Declarant hereby expressly creates and reserves for the
benefit of the Association,its designees, successors and assigns,the following easements:
(a) Easements Over Lots for Maintenance of Common Area. Easements over and
across Lots as may be necessary or appropriate for the Association to perform duties and
functions which it is obligated or permitted to perform under this Declaration, including the
use,enjoyment, maintenance, repair, and replacement of any portion of Common Area, or
Improvements thereon,and for access,ingress,and egress necessary for such use,enjoyment,
maintenance,repair and replacement.
(b) Easements for Association Fences. Easements over and across those Lots,
Common Area and Public Streets upon which Declarant installs or constructs the Association
Fences, as may be reasonable and necessary for the installation, construction, operation,
maintenance, repair and replacement of the Association Fences, and for access, ingress and
egress necessary for such installation, construction, operation, maintenance, repair and
replacement.
(c) Easements for Maintenance of Private Irrigation Systems. Easements over and
across those Lots and Common Areas upon which the Declarant installs or constructs
irrigation lines for the delivery of nonpotable water for irrigation to each Lot shall exist with
a width which is ten feet (10') from the centerline of any such water line installed by the
Declarant for the original installation, construction, operation, maintenance, repair and
replacement of those water lines and for access,ingress and egress necessary for any of the
acts named in this subparagraph(c).
Section 2-Easements Deemed Appurtenant. The easements and rights hereinabove created
shall be binding upon and inure to the benefit of the Association or each Lot in the Project and the
Owner of each such Lot,as the case may be, and all conveyances of and other instruments affecting
title to any such Lot or Common Area shall be deemed to grant and reserve the easements and rights
as are provided for herein, even though no specific reference to such easements appears in any such
conveyance.
Section 3-Emergency Access Easement. An easement and right-of-way for ingress, egress
and access for service and emergency vehicles is hereby granted to all police, fire protection,
ambulance and all other similar emergency agencies or persons over, across, on and through any and
all Common Areas hereafter established in the Project.
Section 4 - Title to Common Area. Title to the Common Area shall be conveyed to the
Association by the Developer, free and clear of financial encumbrances, prior to conveyance of the
first Lot to an Owner who is not the Developer.
ARTICLE IX
ARCHITECTURAL REVIEW
Section I -Membership and Activation of the Association Architectural Review Committee.
The initial Architectural Review Committee and the membership of thereto shall be the Executive
Board of the Association. The Committee shall begin to function at such time as the construction
period exception defined in Section 24 of this Article IX has been concluded by the construction of
all Living Units which can be built within the Project.
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Section 2 - Improvement to Property Defined. "Improvement to Property," requiring
approval of the Association Architectural Review Committee, shall mean and include, without
limitation:(a)the construction, installation,erection or expansion of any building, structure or other
Improvements, including utility facilities; (b)the demolition or destruction,by voluntary action, of
any building, structure or other Improvements; (c) 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 or change of stream bed; (d) landscaping, planting, clearing or
removing of trees,shrubs,grass or plants;and(e)any change or alteration of any previously approved
Improvement to Property including any change of exterior appearance,color or texture.
Section 3 - Approval of Improvements Required. After the activation of the Association
Architectural Review Committee,the approval of the Association Architectural Review Committee
shall be required for any Improvement to Property on any lot within the project, except for any
Improvement to Property made by Declarant and except as prior approval may be waived or certain
Improvements to Property may be exempted in writing or under written guidelines or rules
promulgated by the Association Architectural Review Committee because approval in such case or
cases is not reasonably required to carry out the purposes of this Declaration.
Section 4 - Committee Guidelines or Rules. The Association Architectural Review
Committee may issue guidelines or rules relating to the procedures, materials to be submitted and
additional factors which will be taken into consideration in connection with the approval of any
proposed Improvement to Property. Such guidelines or rules may specify circumstances under which
the strict application of limitations or restrictions under this Declaration will be waived or deemed
waived in whole or in part because strict application of such limitations or restrictions would be
unreasonable or unduly harsh under the circumstances. Such guidelines or rules may waive the
requirement for approval of certain Improvements to property or exempt certain Improvements to
Property from the requirement for approval,if such approval is not reasonably required to carry out
the purposes of this Declaration. Such guidelines or rules may elaborate or expand upon the
provisions herein relating to procedures and criteria for approval. Such guidelines or rules may
specify rules and restrictions pertaining to the construction of Improvements to property, including,
for example, the storage of construction materials and hours of construction operations. Such
guidelines or rules shall have the same force and effect as if they were set forth in and were a part of
this Declaration.
Section 5 - Submission of Plans. Prior to commencement of work to accomplish any
proposed Improvement to property, the Owner or its duly authorized representative proposing to
make such Improvement to property ("Applicant") shall submit to the Association Architectural
Review Committee at its offices such descriptions, surveys, plot plans, drainage plans, elevation
drawings,construction plans,landscape plans, specifications and samples of materials and colors as
the Association Architectural Review Committee shall reasonably request showing the nature,kind,
shape, height, width, color, materials, and location of the proposed Improvement to Property
("Plans"). The Association Architectural Review Committee may require submission of additional
Plans or other information prior to approving or disapproving the proposed Improvement to
Property. Until receipt by the Association Architectural Review Committee of all required materials
in connection with the proposed Improvement to Property, the Association Architectural Review
Committee may postpone review of any materials submitted for approval. In addition to submission
of the improvements the Owner,Builder,and Architectural Review Committee shall meet on the Lot
upon which any proposed improvement is to be made and shall review staking placed on that Lot by
the Owner or Builder which outlines the improvement, whether it is a residence or ancillary
improvement so that a determination can be made by the Architectural Review Committee regarding
preservation of site views for adjoining Lots to the one being improved.
Section 6-Criteria for Approval. The Association Architectural Review Committee shall
approve any proposed Improvement to Property only if it deems in its reasonable discretion that the
Improvement to Property in the location indicated will not be detrimental to the appearance of the
project in the vicinity of the proposed Improvement to Property;that the appearance of the proposed
Improvement to Property will be in harmony with the surrounding areas of the project; that the
Improvement to Property will not interfere or alter the site views established by the Declarant with
respect to building envelopes for any Lot within the Project;and that the upkeep and maintenance
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of the proposed Improvement to Property will not become a burden on the Association. The
Association Architectural Review Committee may condition its approval of any proposed
Improvement to Property upon the making of such changes therein as the Association Architectural
Review Committee may deem appropriate.
Section 7-Architectural Review Fee. The Association Architectural Review Committee may,
in its guidelines or rules, provide for the payment of a fee to accompany each request for approval
of any proposed Improvement to Property. The Association Architectural Review Committee may
provide that the amount of such fee shall be uniform for similar types of any proposed Improvement
to Property or that the fee shall be determine in any other reasonable manner, such as based upon the
estimated cost of the proposed Improvement to Property.
Section 8 -Decision of Committee. The decision of the Association Architectural Review
Committee shall be made within thirty(30)days after receipt by the Association Architectural Review
Committee of all materials required by the Association Architectural Review 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 to Property, the reasons therefor shall be stated. The
decision of the Association Architectural Review Committee shall be promptly transmitted to the
Applicant at the address furnished by the Applicant to the Association Architectural Review
Committee.
Section 9-Failure of Committee to Act on Plans. Any request for approval of a proposed
Improvement to Property shall be deemed approved,unless disapproval or a request for additional
information or materials is transmitted to the Applicant by the Association Architectural Review
Committee within thirty(30)days after the date of receipt by the Association Architectural Review
Committee of all required materials including, in the case of Initial Improvements, final working
drawings.
Section 10 - Obtaining Governmental Approvals. Applicant shall obtain, prior to
commencement of construction of any Improvements to Property, all permits,licenses, certificates,
consents and any other approvals necessary or required pursuant to any law, ordinance, resolution,
order, rule or regulation of any governmental authority having jurisdiction ("Governmental
Approvals")in order for Applicant to construct,operate and maintain the Improvements to Property.
The Governmental Approvals shall be deemed to include, but not be limited to,building approvals
by Weld County,Colorado.
Section 11 - Prosecution of Work After Approval. After approval of any proposed
Improvement to Property,the proposed Improvement to Property shall be accomplished as promptly
and diligently as possible in complete conformity with the description of the proposed Improvement
of Property, any materials submitted to the Association Architectural Review Committee in
connection with the proposed Improvement to Property, any conditions imposed by the Association
Architectural Review Committee and in compliance with the conditions and restrictions of this
Declaration.
Section 12-Notice of Com lep tion. Upon completion of any Improvement of Property,the
Applicant may give written Notice of Completion to the Association Architectural Review
Committee. Until the date of receipt of such a Notice of Completion,the Association Architectural
Review Committee shall not be deemed to have notice of completion of such Initial Improvements
or Improvement to Property.
Section 13-Inspection of Work. The Committee or its duly authorized representative shall
have the right to inspect any Improvement to Property or the Property itself prior to,during or after
completion of any improvement to the Property. The Committee's right of inspection of
improvements shall terminate thirty (30) days after the work or improvement shall have been
completed and the respective Owners shall have given written notice to the Committee of such
completion. The Committee's right to inspection shall not be terminated pursuant to this Section in
the event plans for the construction of improvements or modification of improvements have not been
previously submitted to it by the Applicant/Owner. If, as a result of any inspection,the Committee
finds that such improvement has been initiated without obtaining approval of the plans therefore,or
is not being constructed in substantial compliance with the plans approved by the Committee, the
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Committee shall have the right to initiate a civil action seeking injunctive relief against the Owner of
the Property and any contractor or subcontractor who is completing the improvements without
compliance with the Architectural Control provisions of this Declaration. Should the Committee be
successful in obtaining injunctive relief against the Owner, any contractor or subcontractor involved
in construction of improvements,the Committee shall be entitled to receive from the Owner all costs
of the action, including reasonable attorney's fees. It is the intent of this Section to give the
Committee the ability to prevent any construction within the subdivision of any type of improvement
that has not been previously approved by the Architectural Review Committee.
Section 14 - Notice of Noncompliance. If, as a result of inspections or otherwise, the
Association Architectural Review Committee finds that any Improvement to property has been done
without obtaining the approval of the Association Architectural Review Committee, or was not done
in substantial compliance with the approved Plans or other materials furnished to, and any conditions
imposed by, the Association Architectural Review Committee, or has-not been accomplished as
promptly and diligently as possible,then the Association Architectural Review Committee shall notify
the Applicant in writing of the noncompliance;which notice shall be given, in any event, within thirty
(30) days after the Association Architectural Review Committee receives a Notice of Completion
from the Applicant. 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.
Section 15-Failure of Committee to Act After Completion. If, for any reason other than the
Applicant's act or neglect, the Association Architectural Review Committee fails to notify the
Applicant of any noncompliance within thirty(30)days after receipt by the Association Architectural
Review Committee of written Notice of Completion from the Applicant, the Improvement to
Property shall be deemed in compliance if the Improvement to Property was, in fact, completed as
of the date of the Notice of Completion.
Section 16 - Correction of Noncompliance. If the Executive Board of the Association
determines that a noncompliance exists, the Applicant shall remedy or remove the same within a
period of not more than forty-five(45)days from the date of receipt by the Applicant of the ruling
of the Executive Board of the Association. If the Applicant does not comply with the Executive
Board of the Association ruling within such period the Executive Board, may, at its option, record
a Notice of Noncompliance against the real property on which the noncompliance exists,may remove
the noncomplying Initial Improvements or other Improvement to Property or may otherwise remedy
the noncompliance,and the Applicant shall reimburse the Association,upon demand, for all expenses
incurred in connection therewith. If such expenses are not promptly repaid by the Applicant, the
Executive Board of the Association may levy a Reimbursement Assessment against the Owner of the
Lot for such costs and expenses. The right of the Association to remedy or remove any
noncompliance shall be in addition to all other rights and remedies which the Association may have
at law,in equity,or under this Declaration.
Section 17-No Implied Waiver or Estoppel. No action or failure to act by the Association
Architectural Review Committee or the Association shall constitute a waiver or estoppel with respect
to future action by the Association Architectural Review Committee with respect to any Improvement
to Property. Specifically,the approval by the Association Architectural Review Committee of any
Improvement to Property shall not be deemed a waiver of any right or an estoppel to withhold
approval or consent for any similar Improvement to property or any similar proposals, plans,
specifications or other materials submitted with respect to any other Improvement to Property.
Section 18-Committee Power to Grant Variances. The Association Architectural Review
Committee may authorize variances from compliance with any of the provisions of this Declaration
for property in the project when circumstances such as, but not limited to, topography, natural
obstructions,hardship,aesthetic or environmental considerations may require. Such variances must
be evidenced in writing and shall become effective when signed by at least a majority of the members
of the Executive Board or a majority of the members of the Association Architectural Review
Committee. If any such variance is granted, no violation of the provisions of this Declaration for
property in the project shall be deemed to have occurred with respect to the matter for which the
variance was granted;provided, however,that the granting of a variance shall not operate to waive
any of the provisions of this Declaration for property in the project for any purpose except as to the
particular property and particular provisions covered by the variance, nor shall the granting of a
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variance affect in any way the Owner's obligation to comply with Restrictions in any deed or lease
from Declarant or to comply with all governmental laws and regulations affecting the property
concerned,including,but not limited to,development guides and zoning ordinances and setback lines
or requirements imposed by any governmental authority having jurisdiction.
Section 19-Compensation of Members. Members of the Association Architectural Review
Committee may receive reimbursement of out-of-pocket expenses incurred by them in the
performance of their duties hereunder as compensation for the performance of such duties if
approved by the Executive Board of the Association.
Section 20-Meetings of Committee. The Association Architectural Review Committee shall
meet from time to time as necessary to perform its duties hereunder. The Association Architectural
Review Committee may, from time to time, by resolution in writing adopted by a majority of the
members,designate a Committee Representative(who may,but need not,be one of its members)to
take any action or perform any duties for or on behalf of the Association Architectural Review
Committee, except the granting of approval to any Improvement to Property and granting of
variances. The action of such Committee Representative within the authority of such Committee
Representative or the written consent or the vote of a majority of the members of the Association
Architectural Review Committee shall constitute action of the Association Architectural Review
Committee.
Section 21 -Records of Actions. The Association Architectural Review Committee shall
report in writing to the Executive Board of the Association all final action of the Association
Architectural Review Committee and the Executive Board shall keep a permanent record of such
reported action.
Section 22-Estoppel Certificates. The Association shall,upon the reasonable request of any
interested party and after confirming any necessary facts with the Association Architectural Review
Committee,furnish a certificate with respect to the approval or disapproval of any Improvement to
Property or with respect to whether any Improvement to Property 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.
Section 23 -Nonliability for Committee Action. There shall be no liability imposed on the
Association Architectural Review Committee, any member of the Committee, any Committee
Representative,the Association,any member of the Executive Board of either,or Declarant for any
loss,damage or injury arising out of or in any way connected with the performance of the duties of
the Association Architectural Review Committee unless due to the willful misconduct or bad faith
of the party to be held liable. In reviewing any matter, the Association Architectural Review
Committee shall not be responsible for reviewing, nor shall its approval of an Improvement to
Property be deemed approval of the Improvement to Property from the standpoint of safety,whether
structural or otherwise, or conformance with building codes or other governmental laws or
regulations.
Section 24-Construction Period Exception. Until such time as all Living Units are built upon
Lots within the project,all actions regarding architectural control shall be decided by the Declarant
without participation by the Executive Board of the Association. The Declarant may incorporate and
utilize any or all of the provisions of this Article IX to arrive at its decision.
ARTICLE X
TERMINATION AND AMENDMENT OF DECLARATION
Section 1 -Termination. This Declaration shall continue in effect until and unless terminated
as provided in accordance with the provisions of C.R.S. §38-33.3-217 as originally enacted or as
subsequently amended by Colorado Legislature.
Section 2 - Amendment. Unless terminated as provided in Section 1, each and every
provision of this Declaration shall run with and bind the land for a term of twenty(20)years from the
date recording of this Declaration, after which time this Declaration shall be automatically extended
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for successive periods of ten(10)years each except for provisions stated in Article XII, Section 2,
which identify specific voting requirements for those actions to be authorized. This Declaration may
be amended during the first twenty(20)year period in accordance with the provisions of C.R.S.
§38-33.3-217 as originally enacted or subsequently amended by the Colorado Legislature
ARTICLE XI
CONDEMNATION.DAMAGE OR DESTRUCTION
TO COMMON AREA
Section I -Damage or Destruction to Common Area. In the event of damage or destruction
to all or a portion of the Common Area due to fire or other disaster, the insurance proceeds, if
sufficient to reconstruct or repair the damage, shall be applied by the Association to such
reconstruction and repair. If the insurance proceeds with respect to such Common.Area damage or
destruction are insufficient to repair and reconstruct the damaged or destroyed Common Area,the
Association shall present to the Members a notice of a special assessment for approval by the
membership as provided for in Article V, Section 7 of this Declaration. If such assessment is
approved, the Association shall levy such assessment and proceed to make such repairs or
reconstruction. If such assessment is not approved, the insurance proceeds may be applied in
accordance with the wishes of the membership as expressed by the written consent of seventy-five
percent(75%)of the Owners other than Declarant, except that the proceeds shall not be distributed
to the Owners,unless made jointly payable to Owners and the First Mortgagees of their respective
Lots, if any. Such assessment shall be due and payable as provided by resolution of the Executive
Board,but not sooner than sixty(60)days after written notice thereof The assessment provided for
herein shall be a debt of each Owner and a lien on the Lot, and may be enforced and collected in the
same manner as any assessment lien provided for in this Declaration.
Section 2-Owner-Caused Damage. If,due to the act or neglect of an Owner or a Related
User of an Owner,whether by virtue of the exercise by such Owner or Related User of any easement
or right granted to him herein or otherwise,loss or damage shall be caused to any property,including
the Common Area, and,in the case of damage to property, if such Owner does not promptly repair
and restore any such damaged property to the condition it was in prior to such damage at such
owner's sole cost and expense,such Owner shall be liable and responsible for the same except to the
extent that such damage or loss is covered by insurance obtained by the Association and the carrier
of the insurance has waived its rights of subrogation against such Owner. The amount of such loss
or damage may be collected by the Association from such Owner as a Reimbursement Assessment
against such Owner,by legal proceedings or otherwise,and such amount shall be secured by a lien
on the Residential Lot of such Owner as provided elsewhere in this Declaration for assessments or
other charges.
Section 3 - Condemnation Procedure. In the event proceedings are initiated by any
government or agency thereof, seeking to take by eminent domain the Common Area, any part
thereof or any interest therein, any improvement thereon, or any interest therein, with a value
(including loss of value to the balance of the Common Area and improvements thereof), as reasonably
determined by the Association in excess of$10,000,the Association shall give prompt notice thereof,
including a description of the part of or interest in the Common Area or improvement thereon sought
to be so condemned,to all First Mortgagees,Members, and to the Declarant. The Association shall
have frill power and authority to defend in said proceedings,but the Association shall not enter into
proceedings,pursuant to which the Common Area or any part thereof or any interest therein, or any
improvement thereon or any part thereof or interest therein is relinquished without giving all First
Mortgagees,Members, and Declarant at least fifteen(15)days prior written notice thereof.
In the event,following such proceedings,there is such a taking in condemnation or by eminent
domain of a part or all of the Common Area,the award made for such taking shall be payable to the
Association,subject to the provisions of C.R.S. §38-33.3-107 regarding the distribution of eminent
domain awards as that section was originally enacted or is subsequently amended by the Colorado
Legislature.
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ARTICLE XII
MORTGAGEE'S RIGHTS
Section I -Notice to Mortgagee. Each holder of a first deed of trust on any Lot shall, upon
written request by such holder to the Board, receive any of the following:
(a) Copies of budgets,notices of assessments, insurance certificates, or any other
notices or statements provided under this Declaration by the Association to the Owner of the
Lot covered by the deed of trust;
(b) Any audited or unaudited financial statements of the Association within ninety
(90) days following the end of any fiscal year, which are prepared for the Association and
distributed to the Owners subject to the limitation that the Association shall not be required
to provide an audited financial statement to any owner or mortgagee unless the holder of the
first mortgage requests either an audited or unaudited financial statement from the
Association;
(c) Copies of notices of meetings of the Owners and the right to be represented
at any such meetings by designated representative;
(d) Notice of the decision of the Owners or the Association to make any material
amendment to this Declaration(as defined in Federal National Mortgage Association Lending
Guide),the Bylaws, or the Articles of Incorporation of the Association;
(e) Notice of substantial damage to or destruction of any Building or Living Unit,
or any part of the Common Area;
(f) Notice of commencement of any condemnation or eminent domain
proceedings with respect to any part of the Common Area or any Lot within the Project;
(g) Notice of any default of the holder's Owner which is not cured by the Owner
within thirty (30) days after the giving of notice by the Association to the Owner of the
existence of the default;
(h) The right to examine the books and records of the Association at any
reasonable time;
(i) Notice of any lapse, cancellation or material modification of any insurance
policy or fidelity bond maintained by the Association.
Section 2-Actions Reouiring Member Approval. Notwithstanding anything to the contrary
set forth in this Declaration,the Association shall not:
(a) unless it has obtained the prior written consent of at least fifty-one percent
(51%) of all Members:
(I) by act or omission, change, waive, or abandon any scheme of
architectural control, or enforcement thereof, as set forth in this Declaration,
regarding the design or maintenance of the Lots, improvements thereon or the
Common Area;
(2) fail to maintain full current replacement cost fire and extended
insurance coverage on the Common Area, or
(3) use hazard insurance proceeds for Common Area property losses for
purposes other than to repair, replace, or reconstruct such property; or
(4) by act or omission, seek to abandon,partition, subdivide, encumber,
sell,or transfer any common property owned,directly or indirectly,by the Association
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62
for the benefit of the Owners(excluding the granting of easements for public utilities
or other purposes consistent with the intended use of such common property);or
(5) effectuate any decision to terminate professional management and
assume self-management of the Properties;
(6) any change in the voting method;
(7) change the method of determining the obligations, assessments, dues,
or other charges which may be levied against an Owner;
(8) change the method of determining or the amount of reserves for
maintenance,repair and replacement of the common areas;
(9) change or alter in any respect the required insurance coverages or
fidelity bonds;
(10) change the Association or owner responsibility for maintenance and
repair of the common area, lots,lot improvements or Living Units;
(11) Seek to expand or contract the project subject however to the Special
Declarant's right of expansion and development rights set forth within this
Declaration;
(12) change the boundaries of any lot;
(13) change the interests in the general common areas;
(14) alter this Declaration with respect to leasing of Living Units or the
composition of any right of first refusal or similar restructure or the right of any Lot
owner to sell,transfer, or convey a lot;
(15) alter any provision within the Declaration, Articles of Incorporation,
or Bylaws which is for the express benefit of a first mortgage holder or eligible insurer
or guarantor of first mortgage of a Lot within the project.
(16) make a decision by the owners Association to establish self
management when professional management had been required previously by an
eligible mortgage holder;
(17) attempt restoration or repair of the project(after a hazard damage or
partial condemnation)in a manner other than that specified in the documents;
(18) take any action to terminate the legal status of the project after
substantial destruction or condemnation occurs;
(19) attempt a termination for reasons other than substantial destruction or
condemnation.
ARTICLE XIII
RIGHTS RESERVED BY DECLARANT
Section 1 -Special Declarant Rights. Declarant hereby reserves the right from time to time
until the Turnover Date,to perform the acts and exercise the rights hereinafter specified(the"Special
Declarant Rights"). Declarant's Special Declarant Rights include the following:
(a) Completion of Improvements. The right to complete improvements indicated
on Plats and Maps filed with the Declarant.
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(b) Exercise of Development Rights. The right to exercise any Development
Right reserved in Article XIII of this Declaration.
(c) Sales Management and Marketing. The right to maintain sales offices,
management offices, signs advertising the project and models.
(d) Construction Easements. The right to use easements through the Common
Elements for the purpose of making improvements within the project or within real estate
which may be added to the project.
(e) Master Association. The right to make the project subject to a Master
Association.
(0 Merger. The right to merge or consolidate the project with another project
of the same form of ownership.
(g) Control of Association and Executive Board. The right to appoint or remove
any officer of the Association or any Executive Board member.
(h) Amendment of Declaration. The right to amend this Declaration in connection
with the exercise of any Development Rights.
(i) Amendment of Mao. The right to amend the Map in connection with the
exercise of any Development Rights.
Section 2-Additional Reserved Rights. In addition to the Special Declarant Rights set forth
in Section 1 above,Declarant also reserves the following additional rights(the"Additional Reserved
Rights"):
(a) Dedications. The right to establish from time to time, by dedication or
otherwise, utility and other easements for purposes, including but not limited to, streets,
paths,walkways,drainage,recreation areas,parking areas and conduit installation areas and
to create other reservations,exceptions and exclusions for the benefit of and to serve the Lot
Owners within the project.
(b) Use Agreements. The right to enter into, establish, execute, amend and
otherwise deal with contracts and agreements for the use, lease, repair, maintenance or
regulation of parking,which may or may not be a part of the project for the benefit of the Lot
Owners and/or the Association.
(c) Other Rights. The right to exercise any Additional Reserved Right created by
any other provision of this Declaration.
Section 3-Rights Transferrable. Any Special Declarant Right or Additional Reserved Right
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 Weld County. Such instrument
shall be executed by the transferor Declarant and the transferee.
Section 4-Development and Withdrawal Rights. Declarant expressly reserves the right to
construct additional Units, Common Elements and Limited Common Elements (the "Additional
Improvements")to subdivide Units and to convert Units into Common Element on all or any portion
of the Property reserved for future development in the Declaration or on the Map. Declarant may
exercise its Development Rights on all or any portion of the reserved Property in whatever order of
development Declarant, in its sole discretion, determines. If all or any part of the Development
Property is submitted to this Declaration,this right to reserve property for future development shall
apply to such property as well. Declarant expressly reserves the right to withdraw all or any portion
of the Property that is reserved for future development in the Declaration or on the Map from the
project by recording a document evidencing such withdrawal in the office of the Clerk and Recorder
of Weld County;provided,however,that no portion of the Property may be withdrawn after a Lot
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in that portion of the Property has been conveyed to a Purchaser. The property withdrawn from the
project shall be subject to whatever easements, if any, are reasonably necessary for access to or
operation of the project. Declarant shall prepare and record in the office of the Clerk and Recorder
of Weld County whatever documents are necessary to evidence such easements.
Section 5 -Amendment of the Declaration. If Declarant elects to submit the Development
Property,or any part thereof,or Additional Improvements,to this Declaration, or to subdivide or to
convert Units at such time as construction of the improvements on the Development Property or the
Additional Improvements are substantially complete,Declarant shall record an amendment to this
Declaration reallocating the Allocated Interests so that the Allocated Interests appurtenant to each
Unit will be apportioned according to the total number of Units submitted to the Declaration. The
Allocated Interests appurtenant to each Unit in the project,as expanded, shall be based on the total
number of Lots within the project, as expanded, and/or on such other information as Declarant shall
reasonably determine is relevant to the reallocation.
The amendment to this Declaration shall contain,at a minimum,the legal description of the
Development Property, or a part thereof, or a description of the property on which the Additional
Improvements being submitted to this Declaration are located and a schedule of the Allocated
Interests appurtenant to the Units in the project as expanded.
Section 6-Amendment of the Mao. Declarant shall,contemporaneously with the amendment
of this Declaration, file an amendment of the Map showing the location of the Additional
Improvements constructed on the Development Property. The amendment to the Map shall
substantially conform to the requirements contained in this Declaration.
Section 7 - Interpretation. Recording of amendments to this Declaration and Map in the
office of the Clerk and Recorder of Weld County shall automatically:
(a) Vest in each existing Lot Owner the reallocated Allocated Interests
appurtenant to the Lot;and
(b) Vest in each existing Mortgagee a perfected security interest in the reallocated
Allocated Interests appurtenant to the encumbered Lot.
Upon the recording of an amendment to this Declaration, the definitions used in this
Declaration shall automatically be extended to encompass and to refer to the Property, as expanded.
The Development Property,or any part thereof,or the Additional Improvements,shall be added to
and become a part of the Property for all purposes. All conveyances of Lots after such expansion
shall be effective to transfer rights in all Common Elements as expanded, whether or not reference
is made to any amendment to this Declaration or the Map. Reference to this Declaration and the Map
in any instrument shall be deemed to include all amendments to this Declaration and the Map without
specific reference thereto.
Section 8-Maximum Number of Lots. The maximum number of Lots in the project shall not
exceed 89 Lots or the maximum number of Lots allowed by any governmental entity having
jurisdiction over the Property, pursuant to any development plan for the Property and the
Development Property. Declarant shall not be obligated to expand the project beyond the number
of Lots initially submitted to this Declaration.
Section 9-Expansion Rights. Declarant expressly reserves the right to subject all or any part
of the property described in"Exhibit A", attached hereto and hereby incorporated by reference(the
"Development Property"), to the provisions of this Declaration upon the substantial completion of
Improvements on the Development Property. The consent of the existing Lot Owners or Mortgagees
shall not be required for any such expansion,and Declarant may proceed with such expansion without
limitation at its sole option.
Section 10-Construction. The buildings,structures and types of improvements to be placed
on the Property or the Development Property or any part thereof shall be of a quality equal to the
improvements previously constructed on the property, but need not be of the same size, style or
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configuration. The improvements may be located anywhere on the Property reserved for future
development or on the Development Property.
Section 11 - Construction Easement. Declarant expressly reserves the right to perform
warranty work,repairs and construction work and to store materials in secure areas in Lots and in
Comment Elements, and the future right to control such work and repairs, and the right of access
thereto, until its completion. All work may be performed by Declarant without the consent or
approval of any Lot Owner or Mortgagee. Declarant has such an easement through the Common
Elements as may be reasonably necessary for the purpose of discharging Declarant's obligations and
exercising Declarant's reserved rights in this Declaration. Such easement includes the right to
construct underground utility lines, pipes, wires, conduits and other facilities across the land not
designated as reserved for future development in this Declaration or on the Map for the purpose of
furnishing utility and other services to buildings and improvements to be constructed on the property
so reserved for future development. Declarant's reserved construction easement includes the right
to grant easements to public utility companies and to convey improvements within those easements
anywhere in the Common Elements not occupied by an improvement containing Living Units.
Section 12 - Reciprocal Easements. If all or part of the Development Property is not
submitted to this Declaration,or if property is withdrawn from the Project("Withdrawn Property"):
(a) The Owner(s)of the Development Property and/or Withdrawn Property shall
have whatever easements are necessary or desirable,if any, for access,utility service, repair,
maintenance and emergencies over and across the Project;and
(b) The Owner(s)in the Project shall have whatever easements are necessary or
desirable, if any, for access, utility service, repair, maintenance and emergencies over and
across the Development Property and Withdrawn Property.
Declarant shall prepare and record in the office of the Clerk and Recorder of Weld County
whatever documents are necessary to evidence such easements. Such recorded easement(s)shall
specify that the Owners of the Development Property and the Withdrawn Property and the Owners
in the Project shall be obligated to pay a proportionate share of the cost of the operation and
maintenance of any easements utilized by either one of them on the other's property upon such
reasonable basis as the Declarant shall establish in the easement(s). Preparation and recordation by
Declarant of an easement pursuant to this Section shall conclusively determine the existence,location
and extent of the reciprocal easements that are necessary or desirable as contemplated by this Section.
Section 13 - Termination of Development Rights. The development rights reserved by
Declarant,for itself,its successors and assigns,shall expire ten(10)years from the date of recording
this Declaration,unless the development rights are(i)extended as allowed by law or(ii)reinstated
or extended by the Association,subject to whatever terms, conditions and limitations the Executive
Board may impose on the subsequent exercise of the development rights by Declarant. Upon the
expiration or other termination of the development rights, any Lot then subject to Development
Rights shall become Common Elements.
Section 14 -Transfer of Development Rights. Any Special Declarant Right or Additional
Reserved Right 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 Weld County. Such
instrument shall be executed by the transferor Declarant and the transferee.
ARTICLE XIV
REQUIRED ALLOCATION OF INTERESTS
Section 1 -Allocated Interests. The undivided interest in the common expense liability and
voting in the Association allocated to each Lot are as follows:
(a) The percentage of liability for common expenses shall be determined by using
a formula in which the numerator is 1 and the denominator is the total number of Lots subject
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to this original Declaration or any subsequent amendment of this Declaration which are shown
on a recorded subdivision plat(s) required by Weld County and recorded with the Weld
County Clerk and Recorder;and
(b) The number of votes in the Association, on the basis of one(I)vote being
allocated to each Lot Owner, as determined by the total number of Lots that have been
submitted to this original Declaration or any subsequent amendment of this Declaration which
are shown on a recorded subdivision plat required by Weld County and recorded with the
Weld County Clerk and Recorder.
ARTICLE XV
GENERAL PROVISIONS
Section I -Enforcement. The Association or any Owner shall have the right to enforce,by
any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens, and
charges now or hereafter imposed by the provisions of this Declaration. Failure by the Association
or by any Owner to enforce any covenant or restriction herein contained shall in no event be deemed
a waiver of the right to do so thereafter.
Section 2-Severability. Invalidation of any of these covenants or restrictions by judgment
or court order shall in no way affect or limit any other provisions which shall remain in full force and
effect.
Section 3 - Claims. No claim or cause of action shall accrue in favor of any person in the
event of the invalidity of any provision of this Declaration or for failure of the Association or
Declarant to enforce any provision hereof This Section may be pleaded as a Ml bar to the
maintenance of any suit,action, or arbitration brought in violation of this provision.
Section 4-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.
Section 5 - Conflicts of Provisions. 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 Bylaws of the Association, the Articles of
Incorporation shall control.
Section 6 -Owners Right to Examine. Each Lot owner shall have a right to examine the
books and records of the Association at any reasonable time.
Section 7-Registration by Owner of Mailing Address. Each Owner shall register a mailing
address with the Association, and except for monthly statements and other routine notices,all other
notices or demands intended to be served upon an Owner shall be 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 Executive Board of the Association
shall be sent by certified mail, postage prepaid,to the office of the Association at such address as is
identified by the Association in writing to each owner.
IN WITNESS WHEREOF, Declarant has executed this Declaration on the 4t day of
Tung), 1996.
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Declarant
MEADOW VALE FARM, INC.,
a Colorado corporation,
BY: f�J � 1
IVER, JR.,Pres t
STATE OF COLORADO )
)ss.
COUNTY OF WELD
The foregoing instrument was acknowledged before me this 4*' day of prwc_
1996, by FLOYD OLIVER, JR., known to me to be the President of MEADOW VALE FARM,
INC.,a Colorado corporation.
"7.p' d and official seal.
BOAV,4,L \n ': Notary'Public
Address: 822 7th St., #330
Greeley,CO 80631
' ••'•-•. •p My Commission Expires: 12/19/96
2494531 B-1550 P-116 06/04/96 03:00P PG 34 OF 36
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EXHIBIT A
Legal Description of Potential Expansion Property
A parcel of land being part of the Southwest Quarter(SW 1/4)of Section Four(4), and part of the
Southeast Quarter(SE1/4)of Section Five(5), all in Township Two North (T.2N.), Range Sixty-
eight West(R.68W.)of the Sixth Principal Meridian(6th P.M.), County of Weld, State of Colorado
and being more particularly described as follows:
BEGINNING at the Section Corner common to Sections 4/5/8/9-T.2N.-R.68W. and assuming the
East line of said SEI/4 to bear North 01'05'42"East as determined by a Solar Observation a distance
of 2671.46 feet with all other bearings contained herein relative thereto:
#1: THENCE North 01'05'42" East along said East line a distance of 238.40 feet to a point on
the Northerly Right-Of-Way (ROW) line of State Highway #119. Said point being on a curve.
Aforesaid line being non-tangent to said curve. Said point being the TRUE POINT OF
BEGINNING:
THENCE along said Northerly ROW line by the following Three(3)courses and distances:
#2: Along the Arc of a non-tangent curve which is concave to the North a distance of 504.65
feet, whose Radius is 11,310.00 feet, whose Delta is 02'33'23", and whose Long Chord
bears North 84'00'26"West a distance of 504.61 feet;
#3: South 88'35'30" West along a line being non-tangent to the aforesaid curve a distance of
333.17 feet to the beginning of a curve. Said line being non-tangent to said curve;
#4: Along the Arc of a curve which is concave to the South a distance of 5.63 feet, whose
Radius is 5,830.00 feet, whose Delta is 00'03'19", and whose Long Chord bears North
82'46'07"West a distance of 5.63 feet to a point on a curve;
#5: THENCE leaving said Northerly ROW line North 00'43'18" East a distance of 2400.32
feet to a point on the North line of said SEI/4;
#6: THENCE South 89'09'00" East along said North line a distance of 856.87 feet to the
Quarter Corner common to Sections 4/5-T.2N.-R.68W.;
#7: THENCE North 89'21'48"East along the North line of said SW 1/4 a distance of 2417.57
feet to a point on the Easterly Right-Of-Way(ROW)line of the proposed ROW of Weld
County Road(WCR)#5.5;
THENCE along said Easterly ROW line by the following Seven(7)courses and distances:
#8: South 00'21'25"West a distance of 924.40 feet to a Point of Curvature(PC);
#9: Along the Arc of a curve which is concave to the Northwest a distance of 234.58 feet,
whose Radius 210.58 feet, whose Delta is 63'49'25", and whose Long Chord bears South
32'16'07"West a distance of 222.63 feet to the Point of Tangency(PT);
#10: South 64'10'50"West a distance of 615.00 feet to a PC;
#11: Along the Arc of a curve which is concave to the Southeast a distance of 257.17 feet,
whose Radius is 397.91 feet, whose Delta is 37'01'49", and whose Long Chord bears
South 45'39'55"West a distance of 252.72 feet to the PT;
#12: South 27'09'01"West a distance of 603.02 feet to a PC;
#13: Along the Arc of a curve which is concave to the Northwest a distance of 418.41 feet,
whose Radius is 627.74 feet, whose Delta is 38'11'22", and whose Long Chord bears
South 46'14'42"West a distance of 410.71 feet to the PT;
#14: South 65'20'23" West a distance of 278.88 feet to a point on the Northerly ROW line of
State Highway#119;
Thence along said Northerly ROW line by the following Three(3)courses and distances:
#12: THENCE North 68'30'54"West a distance of 112.97;
#13: THENCE South 68'26'34" West a distance of 111.20 feet to the beginning of a curve.
Said line being non-tangent to said curve;
#14: THENCE along the Arc of a curve which is concave to the North a distance of 572.20
feet, whose Radius is 11,310.00 feet, whose Delta is 02'53'55", whose Long Chord bears
North 86'35'11"West a distance of 572.14 feet to the TRUE POINT OF BEGINNING.
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2494531 8-1550 P-116 06/04/96 03:00P PG 35 OF 36
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