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2561851 B-1619 P-903 08/05/1997 02:47P PG 1 OF 35 REC DOC
Weld County CO JA Suki Tsukamoto Clerk & Recorder 176.00
DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS
OF
I-25 BUSINESS PARK
A PLANNED COMMUNITY
- JUNE 3, 1997
EA otal,
9/)./c-i 7
972085
P1_056 I
CONDITIONS AND RESTRICTIONS
FOR
I-25 BUSINESS PARK
PREAMBLE
THIS DECLARATION, made on the date hereinafter set forth, by ZEEK
PARTNERSHIP, LTD, A Colorado Limited Partnership hereinafter referred to as
"Declarant."
WHEREAS, Declarant is the owner of certain real property located in the County of
Weld; State of Colorado, hereinafter referred to as "Properties" and as more particularly
described on Exhibit A attached hereto and incorporated herein by reference:
WHEREAS, Declarant desires to subject and place upon Properties certain covenants,
conditions, restrictions, easements, reservations, rights -of -way, obligations, liabilities and
other charges set forth herein for the purpose of protecting the value and desirability of
said property and for the purpose of furthering a plan for the improvement, sale and
ownership of said property as a Planned Development to the end that a harmonious and
attractive development of said property may be accomplished and the health, comfort,
safety, convenience and general welfare of owners in said property, or any portion thereof,
may be promoted and safeguarded.
NOW, THEREFORE, Declarant hereby declares that the Properties described herein shall
be held, sold, and conveyed subject to the following easements, covenants, conditions,
restrictions, uses and obligations, all of which are to be for the purpose of protecting the
value and desirability of the Properties described, which shall run with the Propeties, and
which shall be binding upon all persons having any right, title or interest in the described
Properties or any part thereof, their heirs, grantees, successors, representatives and assigns
and shall inure to the benefit of each owner thereof and that the purpose of this document
is to form a Planned Development.
ARTICLE I
Definitions
As used in this Declaration, unless the context otherwise requires, the terms hereinafter set
forth shall have the following meanings:
1.01 "Architectural Control Committee" or "ACC" means the committee appointed by
the Declarant or by the Association to review and approve or disapprove plans for
improvements, as more fully provided in this Declaration.
1.02 "Association" shall mean I-25 Business Park Association, a Colorado Non-profit
Corporation, its successors and assigns.
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1.03 "Builder" means any person or entity who constructs a commercial building Lot on
_ any previously unimproved Lot within the Property.
1.04 "Bylaws" shall mean any instrument which is adopted by the Association for the
regulation and management of the Association, including any amendments to these
instruments.
1.05 "Common Areas" shall mean and refer to the property and improvements, together
with all roads, streets, fences, rights -of -way and easements located within the
Properties which are to be owned and/or maintained by the Association for the
common use, benefit and enjoyment of the Lot Owners. Common Areas known at
the time of the execution of this Declaration are described on the recorded plat and
on Exhibit B hereto. Additional improvements or property may be added as Common
Areas as approved by the Executive Board for the Association and as shown on a
recorded map which shows such additional Common Areas.
1.06 "Planned Development" means real estate described in this Declaration, as
supplemented and amended from time to time, with respect to which a person, by
virtue of such person's ownership of a Lot, is obligated to pay for real estate taxes,
insurance premiums, maintenance or improvement of other real estate described in
this Declaration.
1.07 "Declarant" shall mean Zeek Partnership, LTD, a Colorado Limited Partnership,
and its successors or assigns, if such successors or assigns shall acquire any portion
of the Properties described for the purpose of development and be designated by the
Declarant or a successor Declarant, as a Declarant by a duly recorded written
instrument. Any such written designation by the Declarant may include the right of
redesignation by such successor or further successors.
1.08 "Declaration" shall mean this Declaration of Covenants, Conditions and
Restrictions of I-25 Business Park as same may be amended from time to time.
1.09 "Development Rights" means any right or combination of rights reserved by
Declarant hereunder including the following:
(a) To add real property to be covered under the terms of this
Declaration;
(b) To create additional Lots, or Common Areas within the real
property covered under the terms of this Declaration;
(c) To subdivide Lots or convert Lots into Common Areas;
(d) To withdraw real estate from being subject to the terms of this
Declaration.
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1.10 "Executive Board" shall mean the Executive Board of the Association, duly elected
pursuant to the Bylaws of the Association or appointed by the Declarant as therein
provided or provided in this Declaration.
1.11 "First Mortgage" shall mean any person, corporation, partnership, trust, company,
association, or other legal entity which owns, holds, insures or is a governmental
guarantor of a mortgage or deed of trust, which mortgage or deed of trust is a first
and prior lien encumbering a Lot or Parcel within the Properties described.
1.12 "Lot" shall mean and refer to any Lot shown upon the recorded plat & described in
Exhibit A or later amended plats as a subdivided Lot within the Properties and which
is subject to this Declaration, with the exception of the Common Areas, public streets
or other public property. Lot shall include any building Lot or structure constructed
thereon.
1.13 "Member" shall mean all those who are members of the Association as provided in
this Declaration.
1.14 "Plat" shall mean the Amended Plat of the Rademacher Business Park P.U.D. a
copy of which is being recorded simultaneously herewith.
1.15 "Properties" shall mean the entire real property and the improvements located
thereon as more fully described and shown on the recorded plat.
1.16 "Security Interest" means an interest in real estate or personal property created by
contract or conveyance which secures payment or performance of an obligation. The
term includes a lien created by a mortgage, deed of trust, trust deed, security deed,
contract for deed, land sales contract, lease intended as security, assignment of lease
or rents intended as security, pledge of an ownership interest in an association, and
any other consensual lien or title retention contract intended as security for an
obligation.
1.17 "Special Declarant Rights" means rights reserved for the benefit of Declarant to
complete improvements indicated on plats and maps filed with the Declaration; to
exercise any development right; to maintain sales offices, management offices, signs
advertising the Planned Development, and models; to use easements through the
common elements for the purpose of making improvements within the Planned
Development or within real estate which may be added to the Planned Development;
to make the Planned Development subject to a master association; to merge or
consolidate a Planned Development of the same form of ownership; or to appoint or
remove an officer of the association or any Executive Board member during any
period of Declarant control.
1.18 " Lot Owner or Owner" means the Declarant or other person who owns a Lot, but
does not include a person having an interest in a Lot solely as security for an
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obligation. The Declarant is the owner of any Lot created by the Declaration until
that Lot is conveyed to another person.
ARTICLE II
Property Rights
2.01 Owner's Easements: Every Lot Owner shall have the non-exclusive right and
easement of use and enjoyment in and to any Common Areas related to this Declaration
(hereinafter referred to as Common Areas), which shall be -appurtenant to and shall pass
with the title to every Lot, subject to the following provisions:
• (a) The right of the Association through its Executive Board to
make such use of the Common Areas as may be necessary or
appropriate for the performance of its duties and functions which
it is obligated or permitted to perform under this Declaration;
(b) The right of the Executive Board, in its sole discretion, to grant
easements and rights of way on, across, under and over the
Common Areas to any entity providing water, sewer, gas,
electricity, telephone, cable television, or other similar service to
the Properties;
(c) The right of the Executive Board to make reasonable rules and
regulations regarding the use and upkeep of the Common Areas
and facilities located thereon;
(d) The right of the Executive Board to dedicate or transfer all or
any part of the Common Areas to any public agency, authority,
or utility for such purposes and subject to such conditions as
may be agreed to by the Members. No such dedication or
transfer shall be effective unless an instrument agreeing to such
dedication or transfer signed by two-thirds of the Members has
been recorded;
(e) The right of the Association to close or limit the use of the
Common Areas or portions thereof for any reasonable purpose;
provided, however, the Association shall not deny a Lot Owner
ingress or egress to that Owner's Lot.
2.02 Delegation of Use: Any Owner may delegate his or her right of enjoyment of the
Common Areas to his tenants, contract purchasers or customers. All Owners shall comply
strictly with and cause all tenants, purchasers or customers to comply with this
Declaration, the Articles of Incorporation, the Bylaws of the Association, and the
decisions, rules, regulations and resolutions of the Association. Each Owner shall be fully
responsible for the actions of their customers.
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2.03 Declarant's Easements: Easements are hereby reserved to the Declarant in and to
the Common Areas as may be reasonably necessary for the purpose of discharging any of
Declarant's obligations or exercising any Special Declarant Rights.
2.04 Easements for Drainage, Utilities and Other Purposed: Easements for the
installation and maintenance of utilities, drainage facilities, landscaped areas, Planned
Development identifying signage and miscellaneous public or private improvements and
access thereto are reserved as shown on the recorded plat affecting the Lots and any
amendments to such plat or as established by any other instrument of record.
2.05 Infrastructure Development Plan: The initial infrastructure improvements being
constructed and/or installed by the Declarant are limited to those shown on:
(a) SEE EXHIBIT A
(b) Such other streets, general utility connections, distribution lines,
and other improvements as may become required to furnish all
Lots with water, electrical, natural gas and telephone service.
Declarant expressly DISCLAIMS any and all warranties and representations, express or
implied, regarding the date upon which the remainder of any infrastructure improvements
as depicted on the Amended Plat of the Rademacher Business Park P.U. D. will, IF
EVER, be completed. The foregoing disclosure of Declarant's infrastructure development
plan is provided for informational purposes only. It is specifically intended that nothing
contained in this Declaration shall have the effect of either altering, amending, modifying,
accelerating or otherwise increasing any liability or obligation of Declarant in connection
with the construction of any streets, utility improvements, drainage facilities or other
general infrastructure improvements required to be installed pursuant to any improvement
or development agreement with Weld County, Colorado, or by applicable statutes and any
rules, regulations or other requirements of governmental authorities having jurisdiction.
2.06 Recorded Easements, Licenses and Other Matters: This Planned Development is
subject to the recorded easements, licenses and other matters listed on the recorded plat
attached hereto and incorporated herein by this reference.
ARTICLE III
Membership - Association
3.01 General Purposes and Powers: The Association, through the Executive Board,
shall perform management functions as provided in this Declaration. Any purchaser of a
Lot or a parcel within the Properties shall be deemed to have assented to, ratified and
approved such designations and management. The Association shall have all the power
necessary or desirable to effectuate such purposes.
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3.02 Articles and Bylaws: Applicability of the Act: The purposes and powers of the
Association and its rights and obligations set forth in this Declaration may be amplified by
provisions of the Articles of Incorporation and Bylaws of the Association. In the event
either the Articles or Bylaws conflict with the Declaration, the Declaration shall control. In
the event the Articles conflict with the Bylaws, the Articles shall control.
3.03 Membership: Every record Owner of a fee interest in any Lot which is subject to an
annual assessment shall be a Member of the Association, including contract sellers;
provided that any such person or entity who holds such interest merely as a security for
the performance of an obligation shall not be a Member. Record ownership of a Lot shall
be the sole qualification for such membership. Where more than one person holds interest
in any Lot, all such persons shall be Members in proportion to their share of ownership in
the Lot. If only one of the multiple Owners is present at any meeting of the Association
where Members are entitled to cast their votes, such Owner is entitled to cast the entire
vote for such Lot. If more than one Owner is present, the vote for such Lot may be cast
only in accordance with the agreement of a majority in interest of the Owners. Any protest
must be made promptly by any of the other Owners of said Lot.
3.04 Voting Interest and Allocation of Common Expenses: The Association shall have
one class of voting membership. Members shall be all Owners and shall be entitled to one
vote for each Lot owned. The vote for such Lot, the ownership of which is held by more
than one Owner, shall be exercised as they determine between themselves. Should the joint
owners be unable, within a reasonable time, to agree upon how they will vote any issue,
they shall be passed over and the right to vote on such issue shall be lost. In no event shall
more than one vote be cast with respect to any one Lot. Each Lot shall have allocated to it
a percentage of the common expenses of the Association and voting interest equivalent to
one Lot in relation to the total number of Lots. Lots owned by Declarant shall not receive
any special benefit relating to assessments or voting rights. If any additional Lots are
added so as to be covered by this Declaration, each Lot's obligation for assessments and
its related voting rights shall be proportionately reduced.
3.05 Reservation: Notwithstanding the foregoing voting rights, Declarant reserves the
right to appoint the Executive Board of the Association until the occurrence of one of the
following events:
(a) Within sixty (60) days after conveyance to Lot Owners other
than Declarant, of twenty-five percent (25%) of the Lots that
may be created, at least one member and not less than twenty-
five percent (25%) of the members of the Executive Board must
be elected by Lot Owners other than the Declarant.
(b) Within sixty (60) days after conveyance to Lot Owners other
than Declarant of fifty percent (50%) of the Lots that may be
created, not less than thirty-three and one-third percent (33-
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1/3%) of the members of the Executive Board must be elected
by Lot Owners other than the Declarant.
(c) Within sixty (60) days after conveyance to Lot Owners other
than a Declarant, of seventy-five percent (75%) of the Lots
which may be created, within two (2) years after the last
conveyance of a Lot by the Declarant in the ordinary course of
business or within two (2) years after any right to add new Lots
was last exercised, all members of the Executive Board must be
elected by Lot Owners and no members may be appointed by
Declarant.
In addition, Declarant may voluntarily surrender the right to appoint members of the
Executive Board, but in such event, may continue to require Declarants approval for
certain specified actions as described in a recorded instrument executed by Declarant at
such time.
For the purposes of this Declaration, present number of Lots which shall be subject to the
provisions hereunder shall be twenty-six (26), the Declarant reserves the right to create up
to twenty-six (26) more Lots. Declarant reserves the right at any time within ten (10)
years from the date this Declaration is recorded, to add additional real property to this
Planned Cummunity. The Declarant has the Special Declarant Right to sub -divide or
convert Lots. Those rights are dependent upon and subject to approval by the appropriate
governmental bodies of Weld County, Colorado. The Declarant may at its discrection
convey or assign to Lot Owners any or all reserved or Special Declarant Rights.
3.06 Indemnification: The Association shall indemnify every director, officer, agent or
employee, and any former director, officer, agent or employee against loss, costs, and
expense, including reasonable attorney fees incurred in connection with any action, suit, or
proceeding in which such person may be made a party by reason of being, or having been
such director, officer, agent or employee of the Association or Executive Board. This
indemnification shall not apply to acts where such person is liable for gross negligence or
fraud. Any such indemnification may only be paid out of the insurance coverage furnishing
Officers and Directors of the Association errors and omissions insurance coverage or
similar coverage. All payments or settlements of this indemnification shall be limited to the
actual proceeds of insurance policies received by the Association, however, any deductible
shall be paid by the Association. Said indemnification shall not apply to any managing
agent hired by the Association as an independent contractor.
3.07 Rights of the Association:
(a) Association as Attorney -in -Fact for Owners: The Executive
Board is hereby irrevocably appointed attorney -in -fact for the
Owners, and each of them, to manage, control and deal with the
interest of such Owner so as to permit the Association to fulfill
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all of its duties and obligations hereunder. The Executive Board
is granted all of the powers necessary to govern, manage,
maintain, repair, administer and regulate in order to accomplish
its purposes under this Declaration.
(b) Contracts, Licenses and Other Agreements: The Executive
Board shall have the right without the consent of Owners or
First Mortgagees to enter into or grant contracts, easements,
licenses, leases and agreements, concerning the use of Common
Areas and any improvements located thereon.
(c) Implied Rights: The Executive Board shall have and may exercise
any right or privilege given to it expressly by this Declaration, or
reasonably implied from the provisions of this Declaration, or
given or implied by law, or which may be necessary or desirable
to fulfill its duties, obligations, rights or privileges.
(d) General Authority: The Association through the Executive
Board shall provide for the maintenance and uniform
development of the areas which are common to the entire
Properties such as right-of-way landscaping, fencing, lighting
and signage of certain streets. In addition, the Association is
established to provide review for each Lot or Lots within the
Properties to insure that general conformance exists with respect
to certain architectural and landscaping matters, and also to carry
out overall Community goals, for instance, by way of example,
collection and disposal of trash; snow removal; recycling;
distribution of information; and to carry out other functions
which the Executive Board feels in the general interest of all Lot
Owners.
(e) Management Agreements: Any agreement for professional
management of the Association's business or an Affiliate of the
Declarant shall have a maximum term of three (3) years and any
such agreement shall provide for termination by either party
thereto, with or without cause and without payment of a
termination fee, upon not more than ninety (90) days prior
written notice and shall terminate absolutely, in any event, no
later than thirty (30) days after termination of the period of
Declarant control.
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ARTICLE IV
Assessments
4.01 Creation of the Lien and Personal Obligation of the Assessment: The Declarant
for each Lot owned, within the Properties, hereby covenants, and each Owner of any Lot
by acceptance of a deed therefor, whether or not it shall be so expressed in such deed, is
deemed to covenant and agree to pay to the Association an annual assessment, and special
assessments to be established and collected as provided hereinafter. The annual and special
assessments created and defined in this Declaration, together with late fees, individual
assessments, interest, costs, and reasonable attorneys fees shall be a charge on the Lot
they are levied against and shall be a continuing lien upon the property against which each
such 'assessment is levied until such assessment or charge, together with any late fees,
costs of collection and attorneys' fees are fully paid. Each such assessment, together with
late fees, interest, costs and reasonable attorneys fees shall also be a personal obligation of
the person who was the Owner of such Lot or of the persons jointly and severally, who
were the Owners of such Lot at the time when the assessment became due and payable.
The personal obligation for delinquent assessments shall not pass to successors in title
unless expressly assumed by them.
4.02 Purpose of the Assessments: The assessments levied by the Association shall be
used exclusively for the purpose of promoting the health, safety and welfare of the owners
of the Properties and the members of the Association. In addition, said assessments may
be used for the maintenance, repair and improvement of the Common Areas and
landscaping thereon, for the maintenance and repair of the Baugh Lateral concrete lined
irrigation ditch, all paved streets, and any fencing installed by either Declarant or the
Association, or for maintenance, repair and improvement of the Common Areas or any
other properties or improvements located on or adjacent to the Properties which is the
responsibility of the Association, for payment of management fees, payment of insurance
premiums, payment of legal, accounting and other professional services provided for the
benefit of the Association, maintenance of an adequate reserve fund for repair and
maintenance of Common Areas, for payment of utility charges of the Association, for the
maintenance and repair of entry features, if any, constructed by Declarant, and for other
expenses incurred by the Executive Board for the benefit of the Association and its
members. Also, the assessments may be used for any other purposes reasonably necessary
to implement the purposes described herein, including the ability of the Association to
perform acts under Section 3.07 above.
4.03 Annual Assessments:
(a) Annual assessment for Common Expenses; Allocation Amongst
Lot Owners. An assessment for common expenses shall be levied
and assessed annually by the Executive Board against each
Owner of a Lot within the Planned Development. Said
assessment may include the establishment and maintenance of a
reserve fund for the maintenance, replacement, reconstruction
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and repair of those portions of the Common Areas which the
Association has duty to replace, repair, maintain and/or
reconstruct on a periodic basis. Such assessment shall be paid in
the proportion which the number of Lots owned by a particular
Owner bears to the total number of Lots which have been
established by the recording of a plat or plats.
(b) Levy of assessments. At least thirty (30) days prior to the close
of the Association's fiscal year, the Executive Board shall
determine subject to the provisions of this Declaration, the
annual assessment which is payable by each Lot. The annual
assessment may be later adjusted upon a finding of necessity by
the Executive Board, but no more than twice in any one year.
Written notice of any such assessment or adjustment shall be sent
to every Owner as such Owners are listed in the records of the
Association. The omission or failure of the Board to levy any
assessment or failure to send notice shall not be deemed a
waiver, modification or a release of the Owners from their
obligation to pay the assessment.
(c) Non -exemption. No Owner or any person obligated to pay an
assessment may waive or otherwise escape liability for any
assessments provided for herein by non-use of the Common
Areas, abandonment, or by any other action.
4.04 Maximum Annual Assessment and Budget:
(a) Until the effective date of an Association budget ratified by the Lot
Owners with a different amount for the annual assessment, the maximum
annual assessment shall be $300.00 per Lot.
(b) Within thirty (30) days after adoption of any proposed budget for the
Planned Development, the Executive Board shall mail, by ordinary first-
class mail, or otherwise deliver a summary of the Association budget to
all the Lot Owners and shall set a date for a meeting of the Lot Owners
to consider ratification of the budget not less than fourteen (14) days nor
more than sixty (60) days after mailing or other delivery of the summary.
Unless at that meeting the Lot Owners casting at least sixty-seven
percent (67%) of the Association votes reject the budget, the budget is
ratified, whether or not a quorum is present. In the event that the
proposed budget is rejected, the periodic budget last ratified by the Lot
Owners must be continued until such time as the Lot Owners ratify a
subsequent budget proposed by the Executive Board.
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4.05 Special Assessments: In addition to the annual assessments authorized above, the
Executive Board may levy a special assessment for the purpose of defraying, in whole or
in part, the cost of any construction, reconstruction, repair or replacement of any of the
Common Areas or other capital improvements of the Association, provided that any such
assessment shall have the assent of at least twenty percent (20%) of the votes of the
Members who are voting in person or by proxy at a meeting duly called for this purpose.
This requirement shall not apply to expenditures made by the Executive Board for repairs
in the event of damage or destruction as set forth in Article VII of this Declaration.
4.06 Notice and Quorum Required to Assess a Special Assessment: Written notice of
any meeting of Members called for the purpose of levy of a special assessment shall be
sent to all Members not less than thirty days nor more than sixty days in advance of the
meeting. At such meeting, the presence of Members or of proxies entitled to cast twenty
percent (20%) of all the votes of the Membership shall constitute a quorum.
4.07 Uniform Manner of Assessment: All annual assessments and special assessments
must be fixed at a uniform rate for all Lots. In addition, at the option of the Executive
Board, any assessment, either annual or special, may be collected on a monthly or
quarterly basis.
4.08 Date of Commencement of Assessments: Prorations: Due Date. The annual
assessment provided for herein shall commence as to all Lots upon the first day of the
month following the conveyance of the first Lot. The Declarant shall pay all common
expenses accrued prior to the date upon which the Association makes an annual
assessment for the first time. Thereafter, the Declarant shall be liable only for the annual
assessment due upon those Lots owned by it. The initial annual assessment due with
respect to all Lots shall be prorated according to the number of months remaining in the
Association's fiscal year at the time of said initial assessment. Thereafter, any Lot Owner
purchasing a Lot between payment due dates shall pay a pro rata share of the last payment
due.
The annual assessment shall be due and payable on an installment basis as determined by
the Executive Board. Special assessments shall be due and payable in a manner as
established by the Executive Board but may be payable on an installment basis, as so
determined by the Executive Board. Written notice of all assessments shall be sent to each
Owner subject thereto specifying the type of assessment, the amount and the date such
assessment is due.
The Association shall, upon demand, and for a reasonable charge, furnish a certificate
signed by an officer of the Association setting forth whether the assessments on a Lot have
been paid or the amount of assessment currently owing with respect to a Lot. The
Association, the Executive Board, the Officers and the Members shall have no liability for
any inaccurate information supplied under this paragraph.
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4.09 Non-payment, Remedies of the Association. Lien Priorities:
(a) All types of assessments shall become delinquent unless paid by the due
date. If any such assessment is not paid by the due date, the Owner
obligated to pay such assessment may be required to pay a reasonable
late fee, as determined by the Executive Board. Any assessment not paid
within thirty (30) days after the due date, shall bear interest from the due
date at the rate of 18% per annum. The failure to make payment within
sixty (60) days of the due date thereof shall cause the total amount of
such Owner's annual assessment for the remainder of that fiscal year to
become immediately due and payable at the option of the Executive
Board, without further notice.
(b) The Association may bring an action at law or equity against the Owner
obligated to pay the assessment or undertake any other remedies
allowed by law. In the event it shall become necessary for the Executive
Board to collect any delinquent assessments in any manner, the
delinquent Owner shall pay, in addition to the assessment, interest and
late fees as herein provided, all costs of collection including reasonable
attorneys fees and costs incurred by the Association.
(c) The Association is hereby granted a continuing lien against an Owner's
Lot for payment of any assessment which the Owner fails to make as
required by this Declaration. Such lien shall attach at the time of levy of
the assessment and continue until such assessment, together with all late
fees, interest and costs of collection, including reasonable attorneys'
fees, are paid in full. The lien hereby given shall also be a lien upon all of
the rents and profits of the encumbered Lot.
(d) The lien hereunder may be foreclosed upon by the Association as
provided by the laws of the State of Colorado for foreclosure of
mortgages on real property. The Association shall have all rights in this
regard as provided by the Colorado Revised Statutes.
(e) Subject to the rights of first mortgagees, if a foreclosure action is filed to
foreclose any assessment line, and an Owner abandons or leaves a Lot
vacant, the Executive Board may take possession and rent said Lot or
apply for the appointment of a receiver for the Lot without prior notice
to the Owner.
(f) In the event an Owner is in default on any obligation secured by an
encumbrance on a Lot in the Planned Development, the Executive
Board, at its option, may pay the amount due on said obligation and
shall have a lien for said amount against the Lot which lien shall attach in
the manner as provided for unpaid assessments.
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(g) In the event any lien is required to be filed and released to enforce
collection hereunder, all costs of preparation, filing and release shall be
paid by Ownerasa cost of collection.
(h) A lien under this Article IV is prior to all other liens and encumbrances
on a Lot except:
(1) Liens and encumbrances recorded before the recordation of the
Declaration
(2) A Security Interest on the Lot which has priority over all other
Security Interests on the Lot and which was recorded before the
date of which the assessment sought to be enforced became
delinquent, or which has priority over all other Security Interests on
the Lot and which was perfected before the date on which the
assessment sought to be enforced became delinquent; and
(3) Liens for real estate taxes and other governmental assessments or
charges against the Lot.
This subsection (h) does not affect the priority of mechanics' or material
men's liens or the priority of liens for other assessments made by the
Association.
4.10 Capital Fund: The Association may establish a capital fund with each Lot being
obligated to make a contribution to said fund of up to twenty-five (25%) of the annual
assessment applicable at the time of payment with respect to said Lot. If the fund is
established, each such nonrefundable contribution shall be collected and the amount
established at the closing of the initial sale of such Lot and such amount collected shall be
maintained for the use and benefit of the Association and shall not be considered a
payment of annual assessment. Said fund shall be utilized at the discretion of the Executive
Board to meet unforeseen expenses, to acquire capital equipment or provide any
additional services to benefit the Association including payment of costs and expenses
incurred in the enforcement of provisions of this declaration. Upon the transfer of a Lot, a
Lot Owner shall -be entitled to a credit from the transferee (but not from -the Association)
for the aforesaid contribution to the capital fund.
4.11 Specific Approval Required: In the event prior approval of a special assessment,
fine or any increased annual assessment is required by any agency because sale of portions
of the Properties are financed by such agencies, written consent of such agency is also
required.
4.12 Reconstruction Assessments: In accordance with Article VII of this Declaration,
the Association shall have the authority to impose and levy a reconstruction assessment
against all Lots for reconstruction of Common Areas and for payment of insurance
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premiums. Said assessment shall be prorated among Owners in the same manner and
proportion as the annual assessment.
4.13 Individual Assessments and Fines: An individual assessment may be assessed by
the Executive Board as allowed in this Declaration against any Owner or Owners. Said
assessment shall be made only after twenty (20) days written notice to the Owner or
Owners to be assessed, the opportunity to the Owner for a hearing before the Executive
Board, and a vote of a majority of a quorum of the Board levying said assessment.
A fine may be assessed by the Executive Board against an Owner or Owners for each
violation of the Declaration, the Articles, the Bylaws and the Rules and Regulations. Said
fine shall be assessed by complying with the procedure for individual assessment set forth
above.
ARTICLE V
Architectural Control Committee
5.01 Approval of Improvements Required: No improvements shall be constructed,
erected, placed, planted, applied or installed upon any Lot unless plans and specifications
therefor (said plans and specifications to show exterior design, height, materials, color,
and location of the improvements, and type of landscaping, fencing, walls, windbreaks and
grading plan, as well as such other materials and information as may be required by the
Architectural Control Committee) shall have been first submitted to and approved in
writing by the Architectural Control Committee (hereinafter the "ACC"): provided,
however, that the Declarant shall be exempt from seeking or obtaining ACC approval
during Declarant's development of , construction on , or sales of any Lot or building on
any Lot. The ACC shall exercise its reasonable judgment to the end that all improvements
conform to and harmonize with the existing surroundings, buildings, landscaping and
structures. In its review of such plans, specifications and other materials and information,
the ACC may require that the applicant(s) reimburse the committee for the actual expenses
incurred by the committee in the review and approval process. Such amounts, if any, shall
be levied in addition to the annual assessment against the Lot for which the request for
ACC approval was made, but shall be subject to the Association's lien for assessments and
subject to all other rights of the Association for the collection of such assessments, as
more fully provided in this Declaration.
5.02 Members of ACC: The ACC shall consist of three persons. Declarant shall have the
right to appoint and reappoint the members, who need not be Owners, until all of the Lots
have been conveyed to the first Lot Owner thereof (other than Declarant or a Builder). In
addition, Declarant may terminate its right of appointment by providing written notice to
the Executive Board or the Secretary of the Association. Thereafter members shall be
appointed by the Executive Board for three year terms except terms for the initial ACC
appointed by the Executive Board shall be one year for one member and two years for
one member and three years for one member. All members appointed by the Board to the
ACC must be Owners and shall not be entitled to any compensation for their service.
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5.03 Decision of ACC: The decision of the ACC shall be made within thirty (30) days
after receipt of all materials and plans required to be submitted to the ACC. The decision
shall be in writing and, if the decision is not to approve a proposed improvement, the
reasons therefor shall be stated. The decision shall be promptly mailed to the applicant at
the address furnished by the applicant. A majority vote of the ACC shall constitute action
by the ACC.
5.04 Criteria for Approval: The ACC shall have the right to disapprove any application
which is not suitable or desirable for aesthetic or other reasons, and the ACC shall have
the right to take into consideration the suitability of the proposed improvement, the
materials of which it is to be built, the color, the site upon which it is proposed to erect the
same, the harmony thereof with the surroundings, the topography of the land, the effect of
the proposed improvement on adjacent or neighboring property, and if the improvement is
in accordance with all of the provisions and intent of this Declaration, the Basic
Specifications set forth in Section 5.10, hereinbelow, and the design guidelines to be
adopted under Section 5.11 hereinafter set forth. The application may be rejected if the
plans and specifications submitted are incomplete. The ACC may condition its approval of
any application upon such terms, conditions and changes as the ACC may deem
appropriate.
5.05 Appeal to the Executive Board: If the ACC denies approval of a proposed
improvement, the applicant may appeal to the Executive Board by giving written notice of
such appeal to the Executive Board within ten (10) days after such denial. The Executive
Board shall hear the appeal with reasonable promptness after reasonable notice of such
hearing to the applicant and the ACC and shall decide, with reasonable promptness,
whether or not the request shall be approved. The decision of the Executive Board shall be
final and binding upon all parties.
In the event the ACC is not properly formed or ceases to exist, all functions of the ACC
shall be taken over by the Executive Board.
5.06 Failure of ACC to Act on Plans: Any request for approval of a proposed
improvement shall be deemed approved, unless written disapproval is mailed to the
applicant within thirty (30) days after the date of receipt by the ACC of all necessary
materials as determined by the ACC. Any failure of the ACC to act under this Section
shall not be deemed a waiver of any right to withhold approval or consent for a similar
proposal submitted in the future.
5.07 Noncompliance: If the Board or ACC finds that any improvement has been bone
without obtaining the necessary approval under this Article, or was not done in
compliance with the plans and specifications furnished by the applicant, the applicant shall
be notified in writing of the noncompliance. Upon receipt of said notice, the applicant shall
remedy or remove the improvement or portion which is in noncompliance within fifteen
(1 5) days of the date the written notice of noncompliance was mailed.
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The applicant may appeal a notice of noncompliance within ten(10) days of the mailing of
the notice by filing a written request for review with the Executive Board. Upon receipt of
said written notice of review, the Board shall decide as soon as reasonably possible
whether there has been noncompliance, with the decision of the Board being binding on all
parties. In reviewing the matter, the Board may review any information it deems pertinent
and request that any additional materials be supplied for its review.
In the event the applicant or any Owner fails to remedy any noncompliance, the Board
may take any and all steps it deems necessary to effectuate such a remedy or to remove
the noncompliance including all rights under law. The Board may remove the
noncomplying improvement from the property and assess the costs of removal against the
Owner. In addition, the Board may, at its discretion, levy a fine or individual assessment
against said Owner for all costs and expenses incurred, including reasonable attorney's fees
in the matter or in the removal of any noncomplying improvement.
5.08 No Implied Waiver: No action by the ACC or by the Executive Board shall
constitute a waiver or be binding with respect to future action by the ACC or the
Executive Board under this Article. Specifically, no approval or failure to act by the ACC
or the Board with respect to any request shall be deemed a waiver of any right to withhold
approval or consent for any other proposed improvement or for any other similar
proposals.
5.09 Nonliability for Committee Action: No member of the ACC, nor any member of
the Executive Board nor the Declarant shall be liable for any loss, damage or injury arising
out of or in any way connected with the performance of the duties of the ACC or
Executive Board unless it be due to the willful misconduct or bad faith of the party to be
held liable. In reviewing any matter, the ACC shall not be responsible for reviewing, nor
shall its approval of an improvement or plan be deemed approval from the standpoint of
safety, or imply that said improvement is in conformance with building codes or other
governmental laws or regulations.
5.10 Basic Specifications: The following basic specifications, requirements and
restrictions (hereafter "Basic Specifications") shall apply to the construction, repair,
replacement or other installation of any improvement, as more particularly described in
Section 5.01 herein above, upon Lot:
(a) Building Envelope, Site Orientation and Planning.
(1) Building Envelope for Lots
(a) Minimum front Lot setback = 40 feet from the street right-of-way..
(b) Minimum side Lot setback = 30 feet from the side property lines.
(c) Minimum back Lot setback = 50 feet from the rear property line.
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(b) Front Lot Light, Exterior Lighting and Mailboxes
(1) Any exterior lighting installed on any Lot or OutLot shall be
indirect or of such controlled focus or intensity as not to
disturb the owners of adjacent properties.
(2) Each Lot Owner shall build and maintain an individual
mailbox structure which meets the Subdivision design
standard.
(c) Architectural Design Styles.
Certain architectural styles are neither encouraged nor
discouraged. Individualism in design is encouraged provided,
however, that principles of good design have been employed and
that the immediate and surrounding environment has been
enhanced by the proposed "improvements."
5.11 Architectural Standards/Design Guidelines: The ACC or
Executive Board will promulgate additional, more detailed rules and
regulations to interpret and implement the provisions of thes Article. The
rules and regulations may contain guidelines which will clarify the types of
designs and materials that will be considered in deciding whether to
withhold or grant its approval of any proposed improvements and the plans
therefore. All improvements proposed to be constructed shall at all times
be required to be built in accordance with any design guidelines adopted
and also in accordance with the procedures set forth in this Article.
ARTICLE VI
RESTRICTIVE COVENANTS
6.01 General Plan: It is the intention of the Declarant to establish and impose a general
plan for the improvement, development, use and occupancy of the Lots, all in order to
enhance the value, desirability, and attractiveness of the Lots and subserve and promote
the sale thereof.
6.02 Use of Properties: Each and every Lot or Lot within the Properties shall be used for
business purposes only, together with such accessory uses as are allowed by law. All
buildings or structures erected upon the Properties shall be constructed on site, and no
buildings or structures shall be moved from other locations onto said premises. No
temporary building or other temporary structures, trailers, basements, tents, shacks, barns,
or outbuildings shall be erected, used or permitted to be kept or stored on any portion of
the Properties for any period of time, except as specifically allowed in this Declaration, or
except as utilized by Declarant or the assigns or lessees of Declarant for business
purposes.
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6.03 Uses Permitted: No Lot shall be used for purposes other than those allowed in a
district zoned Commercial C-3 set forth in the Weld County Zoning Ordinances now in
effect; however, specifically excluding and prohibiting the following uses: nightclubs, bars,
lounges and taverns; mortuaries, funeral homes, truck stops. All structures, improvements
and landscaping shall meet all requirements for C-3 as may be requested by the Weld
County Zoning Ordinances. Notwithstanding the foregoing, the existing nonconforming
use of Lot 10, Block 1, shall be allowed to continue until ninety (90) days after fifty (50%)
percent of the lots have been conveyed.
6.04 General Restrictions: None of the Properties shall be used in any way or for any
purpose which may endanger the health or unreasonably disturb the Owner of any Lot. No
billboards, unsightly objects or nuisances shall be erected, placed or permitted to remain
on the Properties except as allowed under Section 6.09
6.05 Prohibited Uses: No unlawful use shall be permitted or made of the Properties or
any part there of. All laws, ordinances and regulations of all governmental bodies having
jurisdiction shall be complied with.
6.06 Oil and Mining Operation: No oil drilling, oil development operation, oil refining,
quarrying or mining operations of any kind shall be permitted upon or in any Lot, nor shall
oil wells, tanks, tunnels, mineral excavations or shafts be permitted upon or in any Lot. No
derrick or other structure designated for use in boring of oil or natural gas shall be
erected, maintained or permitted or permitted upon any Lot.
6.07 Construction Facilities: Notwithstanding any provisions herein contained to the
contrary, it shall be expressly permissible for Declarant, its agents, employees and
contractors to maintain during the period of construction and sale of the Lots, upon such
portion of the Properties as Declarant may choose, such facilities as in its sole opinion may
be reasonably required, convenient or incidental to the construction and sale or rental of
Lots including, without limitation business office, management offices, storage areas,
construction yards, signs, model Lots, sales offices, construction offices, parking areas and
lighting. Said offices may be at a location and a size as determined by Declarant.
6.08 Destruction of Buildings on Lots: If due to casualty or for any other reason a
building located on a Lot shall be destroyed or so damaged that the building is no longer
usable, then the Owner of such Lot shall, within a reasonable time not to exceed one
hundred and twenty (120) days after the event resulting in such damage or destruction,
either commence and diligently pursue repair or reconstruction of the building or demolish
the same. Demolition of a building shall include removal of any foundation slabs, basement
walls and floors, regrading the Lot to a level condition and the installation of -such
landscaping as may be required by the ACC pursuant to a plan submitted by the Lot
Owner of said Lot. If the Lot Owner of a Lot does not either commence repair,
reconstruction or demolition activities within a reasonable time as provided herein above
and diligently pursue the same in conformance with plans approved by the ACC then the
Association may in its reasonable discretion, after providing the notice required in Article
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IV, Section 4.13 hereof, enter upon the Lot for the purpose of demolishing the building
and landscape the Lot in conformance with approved plans. The cost related to such
demolition and landscaping shall be the personal obligation of the Owner of the Lot on
which such work is performed and shall be subject to all of the terms and provisions
applicable to assessments as provided in Article IV hereof, including without limitation,
interest, late charges and lien rights.
6.09 Animals: No wild animals, livestock, birds, poultry, reptiles, or insects of any kind
shall be raised, bred, kept or boarded in or on the Lots.
6.10 Miscellaneous Improvements:
(a) No advertising or signs of any character shall be erected, placed,
permitted, or maintained on any Lot other than a mane plate of
the occupant and a street number, and except for a "For Sale" or
"For Rent" sign of not more than five (5) square feet.
Notwithstanding the foregoing, reasonable signs, advertising or
billboards used by the Declarant or a Builder in connection with
the sale or rental of the Lots, or otherwise in connection with
development of or construction on the Lots, shall be
permissible.
(b) No wind generators or any kind shall be constructed, installed,
erected or maintained on the Lots.
(c) No fences or other exterior Improvements shall be constructed,
installed, erected or maintained on any Lot unless approved by
the ACC and except such fences, in such locations as were
installed or permitted to be installed by the Declarant or a
Builder in its construction of improvements on the Lots.
6.11 Vehicular Parking, Storage and Repairs:
(a) No house trailer may be parked or stored on the Lots unless such
parking or storage is within the garage area of- any Lot or
suitably screened from view in accordance with the requirements
of the ACC.
(b) Except as herein above provided, no abandoned or inoperable
automobiles or vehicles of any kind shall be stored or parked on
any Lot. An "abandoned or inoperable vehicle" shall be defined
as any automobile, truck, motorcycle, or other similar vehicle,
which has not been driven under its own propulsion for a period
of one (1) week or longer, or which does not have an operable
propulsion system installed therein; provided, however, that
otherwise permitted vehicles parked by Lot owners while on
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vacation or during a period of illness shall not be deemed to be
abandoned.
(c) In the event the Association shall determine that a vehicle is
parked or stored on any Lot in violation of subsections (a) or
(b) of this Section 6.11, then a written notice describing said
vehicle shall be personally delivered to the owner thereof (if
such owner can be reasonable ascertained) or shall be
conspicuously placed upon the vehicle (if the owner thereof
cannot be reasonably ascertained), as determined by the
Association in its discretion from time to time, the Association
shall have the right to remove the vehicle at the sole expense of
the owner thereof
6.12 Nuisances: No nuisance shall be permitted on any Lot nor any use, activity or
practice which interferes with the peaceful enjoyment or possession and proper use of any
Lot, or any portion thereof, by its owners. As used herein, the term "nuisance" shall not
include any activities of Declarant or a Builder which are reasonably necessary to the
development and construction of , and sales activities on, the Lots; provided, however,
that such activities of the Declarant or a Builder shall not unreasonably interfere with any
Lot owner's use and enjoyment of his Lot, or with any Lot Owner's ingress and egress to
or from his Lot and a public way. No noxious or offensive activity shall be carried on upon
any Lot nor shall anything be done or placed on any Lot which is or may become a
nuisance or cause embarrassment, disturbance or annoyance to others. Further, no
unlawful use shall be permitted or made of any Lot or any portion thereof All laws,
ordinances and regulations of all governmental bodies having jurisdiction over the Lots, or
any portion thereof, shall be observed.
6.13 No Hazardous Activities: No activities shall be conducted on any Lot or within
improvements constructed on any Lot 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 Lot and no open fires shall be lighted or permitted on any Lot.
6.14 No Annoying Sounds or Orders: No sound shall be emitted from any Lot which is
unreasonably loud or annoying; and no odor shall be permitted from any Lot which is
noxious or offensive to others.
6.15 Restrictions on Trash and Materials: No refuse, garbage, trash, lumber, grass,
shrubs or tree clippings, plant waste, metal, bulk materials, scrap or debris of any kind
shall be kept, stored, or allowed to accumulate on any Lot unless placed in a suitable
container suitably located solely for the purpose of garbage pickup. All equipment for the
storage or disposal of such materials shall be kept in a clean and sanitary condition. No
garbage or trash cans or receptacles shall be maintained in an exposed or unsightly
manner. -
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6.16 -Minor Violations of Setback Restrictions: If upon the erection of any structure, it
is disclosed by survey that a minor violation or infringement of setback lines has occurred,
such violation or infringement shall be deemed waived by the Owners of each Lot
immediately adjoining the structure which is in violation of the setback, and such waiver
shall be binding upon all other Lot Owners. However, nothing contained in this Section
6.16 shall prevent the prosecution of a suit for any other violation of the restrictions,
covenants, or other provisions contained in this Declaration. A "minor violation", for the
purpose of this Section, is a violation of not more than four (4) feet beyond the required
setback lines or Lot lines. This provision shall apply only to the original structures and
shall not be applicable to any alterations or repairs to, or replacements of , any of such
structures.
6.17 Rules and Regulations: Rules and Regulations concerning and governing the Lots
and/or this Planned Development may be adopted, amended or repealed from time to time
by the Executive Board, and the Executive Board may establish and enforce penalties for
the infraction thereof, including, without limitation, the levying and collecting of fines for
the violation of any of such Rules and Regulations.
6.18 Lots to be Maintained: Each Lot shall at all times be kept in a clean and sightly
condition by the Lot Owner of the Lot. No trash, litter, junk, boxes, containers, bottles,
cans, implements or machinery shall be permitted to remain upon any Lot except as
necessary during the period of construction or as provided in Section 6.12 of this Article.
6.19 Maintenance of Grade and Drainage: Each Lot Owner shall maintain the grading
upon his Lot, and the Association shall maintain the grading upon such real property
which the Association has a duty to maintain, at the slope and pitch fixed by the final
grading thereof, including landscaping and maintenance of the slopes. Each Lot Owner
and the Association agree, for themselves and their successors and assigns, that they will
not in any way interfere with the established drainage pattern over any real property which
they have a duty to maintain, from adjoining or other real property. In the event that it is
necessary or desirable to change the established drainage over any Lot or other real
property which a Lot Owner or the Association has a duty to maintain, then the party
responsible for the maintenance of such real property shall submit a plan to the
Architectural Control Committee for its review and approval, in accordance with the
provisions of Article V of this Declaration. For purposes of this section 6.19, "established
drainage" is defined as the drainage which exists at the time final grading of a Lot is
completed.
ARTICLE VII
Insurance
7.01 Coverage: The Executive Board shall obtain and maintain at all times to the extent
obtainable, insurance policies relating to the Common Areas, and Maintenance area. Said
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policies shall be written with companies licensed to do business in the State of Colorado.
The Executive Board and the Declarant shall not be liable for failure to obtain any
coverages required if such failure is due to the unavailability of such coverages or if such
coverages are available only at unreasonable cost in such case, however, the Association
shall promptly cause notice of such fact to be hand delivered or sent by United States Mail
to all Lot Owners. If requested in writing by an Owner or a First Mortgagee, the
Executive Board shall furnish a certificate of insurance or notices of termination of
coverage or changes in coverage.
(a) Each such policy shall provide:
(1) Such policy shall not be canceled, invalidated or suspended
because of the conduct of any Lot Owner (including said Lot
Owner's, customers, tenants or agents) or of any officer,
agent or employee of the Association without a prior demand
in writing to the Association that the conduct or defect be
cured and the Association shall not have so cured within
sixty (60) days of said demand.
(2) The Declarant, so long as Declarant shall continue to own
any Lot, any portion of the Properties, shall be protected by
all such policies.
(3) That, notwithstanding any provision thereof which gives the
carrier the right to elect to restore damage in lieu of making
a cash settlement, such option shall not be exercised without
prior approval of the Association.
(4) Each Lot Owner is an insured person under the policy with
respect to liability arising out of such Lot Owner's interest in
the Planned Development or membership in the Association.
(5) The insurer waives its rights to subrogation under the policy
against any Lot Owner or member of his household.
(6) No act or omission by any Lot Owner, unless acting within
the scope of such Lot Owner's authority on behalf of the
Association, will void the policy or be a condition to
recovery under the policy.
(7) If, at the time of a loss under the policy, there is other
insurance in the name of a Lot Owner covering the same risk
covered by the policy, the Association's policy provides
primary insurance.
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(b) Said policies shall not provide that:
(1) Under the terms of the insurance companies charter, bylaws
or rules, contributions or assessments may be made against
the Association, any Lot Owner, a First Mortgagee or said
mortgagee's designee or assignee;
(2) Under the terms of the insurance companies charter, by laws
or rules, any loss payments are contingent upon action by the
insurance companies board of directors, shareholders, policy
holders or members;
(3) Any limiting clauses which could prevent first mortgagees or
said mortgagee's designee or assignees from collecting
proceeds paid.
(c) All policies shall contain waivers of subrogation against the
Declarant, the Association, the Executive Board, Members, Lot
Owners, their guests and assignees. The named insured under the
policies shall be the Association for the use and benefit of the
individual Lot Owners. Any loss covered by the policies carried
under this Article shall be adjusted exclusively by the Executive
Board and the insurance proceeds for that loss shall be payable
to the Association as attorney -in -fact for each Lot Owner and
such Lot Owner's First Mortgagee. Said insurance policies shall
contain the standard mortgagee clause or equivalent
endorsement in which the First Mortgagee, its successors and
assigns, are named additional insured, if applicable.
7.02 Physical Damage Insurance: The Executive Board shall obtain and maintain a
blanket "all-risk" form policy of fire and hazard insurance with extended coverage for
vandalism, malicious mischief, windstorm, sprinkler leakage (if applicable), debris
removal, cost of demolition and water damage endorsements, insuring all of the insurable
improvements located on the Common Areas, including fixtures, machinery, equipment,
fences and supplies and any other personal property belonging to the Association.
Such insurance shall provide coverage equal to the current replacement cost based on the
most recent appraisal of the insurable improvements, exclusive of land, excavations and
other items normally excluded. The Executive Board shall review at least annually, its
insurance policies in order to insure that the coverages contained in the policies are
sufficient.
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23
Such policies shall also provide as follows:
(a) A waiver of any right of the insurer to repair, rebuild or replace
any damage or destruction, if a decision is made by the Lot
Owners not to do so;
(b) Said policies shall contain the following endorsements:
(1) No control; Contingent liability from operation of building
codes; Cost of demolition; Increased cost of construction;
Inflation guard.
(2) A duplicate original of the policy of hazard insurance, all
renewals thereof, and any subpolicies or certificates and
endorsements issued thereunder, together with proof of
payment of premiums, shall be delivered by the insurer to the
Association.
(3) Any deductible on such insurance policy shall be determined
in the discretion of the Executive Board as consistent with
good business practice and which shall be consistent with the
requirements of the First Mortgagee. My loss falling within
the deductible portion of a policy may be paid by the
Association.
(4) The insurer shall provide such other endorsements as may be
reasonably required
7.03 Rebuilding of Damaged Areas: In the event of repair and/or reconstruction, the
proceeds of any insurance collected shall be available to the Association for the purpose of
repair and/or reconstruction. If the insurance proceeds are insufficient to properly repair
and/or reconstruct the damaged areas, such excess cost shall be assessed as an individual
assessment against all Owners in accordance with this Declaration and not as a special
assessment and such assessment shall be exempt from any special voting requirements of
the Owners. Such individual assessment shall be assessed in the same proportion as the
annual assessment is assessed.
If any portion of the damaged areas is not repaired or replaced, the insurance proceeds
shall be used to restore the damaged areas to a condition compatible with the adjacent
area and the remainder of the proceeds shall be retained by the Association for the benefit
of the Members.
7.04 Liability Insurance: The Executive Board shall obtain and maintain comprehensive
commercial general liability insurance against claims and liabilities arising in connection
with the ownership, existence, use or management of the Common Areas and Maintenance
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Properties, and against any and all claims arising in connection with the conduct of its
affairs, including libel, slander, false arrest, invasion of privacy and property damage, with
such limits as the Association determines appropriate with respect to Property of the
Association and insuring each Officer, Director, Member and each Owner including the
Declarant in its capacity as a n Owner, against any liability to the public or to Owners and
their invitees, agents and employees arising out of, or incident, ownership and use of such
Property or Common Areas. Such insurance shall be issued on a comprehensive liability
basis. Additional coverages may be acquired to include protection against such other risks
including, but not limited to, Host Liquor Liability, Contractual and All -Written Contract
Insurance, Worker's Compensation and Employer's Liability Insurance, Comprehensive
Automobile Liability Insurance and such other coverages the Board deems necessary. The
Executive Board shall review such coverages and the policy limits thereunder once each
year, but in no event shall insurance coverage be less than one million dollars
($1,000,000.00) covering all claims for bodily injury or death and property damage arising
out of one occurrence. Reasonable amounts of "umbrella" liability insurance in excess of
the primary limits may also be obtained at the discretion of the Executive Board.
7.05 Other Insurance:
(a) The Association shall, if any Lot Owner or employee of the
Association controls or disburses funds, obtain and maintain, to
the extent reasonably available, adequate fidelity insurance
coverage, to protect against dishonest acts on the part of the
Directors, Officers, Trustees, Employees or Volunteers of the
Association and all others who handle or are responsible for
handling funds. Such fidelity coverage shall name the
Association as the named insured and be written in an amount
sufficient to cover the maximum funds that will be in the
custody of the Association at anytime while the insurance is in
force. In addition, the fidelity insurance coverage must contain
waivers of any defense based upon the exclusion of persons who
serve without compensation.
(b) If required by a governmental or quasi -governmental agency, the
Association shall obtain flood insurance in accordance with said
requirements.
(c) The Association may obtain Worker's Compensation and
Employer's Liability Insurance and other similar insurance with
respect to employees of the Association in the amount and in the
forms now or hereafter required by law.
(d) The Association may obtain such other insurance of a similar or
dissimilar nature as the Executive Board shall deem appropriate.
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(e) If it is reasonably determined by a First Mortgagee that the
existing coverages do not adequately protect the Properties, the
Executive Board shall obtain such additional coverages.
7.06 Payment of Insurance Premiums: The cost of the insurance obtained by the
Association in accordance with this Article shall be paid from Association funds and shall
be collected from the Owners as part of the annual assessment as provided for in this
Declaration. In the event there are not sufficient funds generated from the annual
assessment to cover the cost of the insurance provided for above, then the deficiency shall
be chargeable to each Owner by an individual assessment and not as a special assessment
and such assessment shall be exempt from any voting requirements of the membership.
7.07: Coverage on Owner's Lots: An insurance policy issued to the Association does not
obviate the need for an Owner to obtain insurance for that Owner's own benefit. Insurance
coverage on any property owned by an Owner, and Owner's guests, invitees, employers,
employees or assigns shall be the sole responsibility of the Lot Owner. The Declarant, the
Association and the Executive Board shall have no responsibility therefor.
ARTICLE VIII
Rights of the First Mortgagees
8.01 Entitlement: A First Mortgagee, upon written request to the Association, shall be
entitled to receive any of the following:
(a) Budgets, notices of assessments, or any other notices provided
for under this Declaration by the Association to an Owner in
which a First Mortgagee has a security interest;
(b) Financial statements of the Association which are distributed to
its Members;
(c) Notices of meetings of the membership and the right to be
represented at any meeting by a designated representative;
(d) Notice of any default in the performance of any obligations under
this Declaration, the Articles of Incorporation and/or Bylaws of
the Association by an Owner of a Lot in which a First
Mortgagee has a security interest, which remains uncured for a
period of thirty (30) days;
(e) Notice of the decision of the Members to make any material
amendment to this Declaration, the Bylaws, and/or the Articles
of Incorporation of the Association;
2561851 B-1619 P-903 08/05/1997 02:47P PG 27 OF 35
26
(f) Notice of any lapse, cancellation or material modification of any
hazard or liability insurance policy or fidelity bond maintained by
the Association;
(g) Notice of any condemnation action or any casualty loss which
affects a material portion of the Properties or any Lot in which a
First Mortgagee had a security interest;
(h) Notice of any proposed action in which this Declaration requires
notice and consent of First Mortgagee.
8.02 Payment of Charges: First Mortgagees, may pay overdue premiums o hazard
insurance policies or secure new hazard insurance coverage because of a lapse of a policy
and may also pay taxes and other charges which are in default or which may or have
become a charge against the Common Areas. If such payment is made, reimbursement
frorm the Association shall be due and owing immediately.
8.03 Restrictions: The consent of the Owners to which at least sixty-seven percent (67%)
of the votes in the Association are allocated and the approval of those First Mortgagees
holding mortgages on Lots which have at least sixty-seven percent (67%) of the votes of
the Lots subject to first mortgages within the Properties shall be required to add or amend
any material provisions of the Declaration, Bylaws, and/or Articles of Incorporation which
establish, provide for, govern or regulate any of the following:
(a) assessments, the manner of assessment liens or the subordination
of such assessment liens;
(b) Reserves for the maintenance, repair and replacement of the
Common Areas or Common Areas;
(c) Insurance or Fidelity Bond;
(d) Right to use of the Common Areas;
(e) Responsibility for maintenance and repair of the Common Areas;
(f) Leasing of any right of first refusal or similar restriction on the
right of an Owner to sell, transfer, or otherwise convey a Lot;
(g) Imposition of any right of first refusal or similar restriction on the
right of an Owner to sell. transfer, or otherwise convey a Lot'
(h) Any provisions of this Declaration, the Articles of Incorporation
or Bylaws which specifically grants rights to First Mortgagees
thereunder.
2561851 B-1619 P-903 08/05/1997 02:47P PG 28 OF 35
2/
Nothing in this Section shall be deemed to deny or delegate
control over the general administrative affairs of the Association
by the Lot Owners or Executive Board or prevent the Executive
Board from commencing, intervening in, or settling any
solicitation or proceeding.
8.04 Special Provisions: If required by any agency, the following requirements apply.
Unless seventy-five percent (75%) of the First Mortgagees (based upon one vote for each
first mortgage owned) or Owners (other than the Declarant) give their prior written
approval, the Association shall not be entitled to:
(a) by act or omission seek to abandon, partition, subdivide,
encumber, sell or transfer property owned directly or indirectly
by the Association, except as specifically allowed in this
Declaration;
(b) fail to maintain hazard and extended coverage insurance on
Common Areas on a current replacement cost basis in an amount
not less than one hundred percent (100%) of the insurable value;
(c) use hazard insurance proceeds received for losses to any part of
the Common Areas for other than repair, replacement or
reconstruction of such property;
(d) change the method of determining the assessments which may be
levied against an Owner;
(e) by act or omission change, waive or abandon any scheme of
regulation, or the enforcement thereof, pertaining to the
architectural design or exterior appearance of the building Lots,
the maintenance of the Common Areas.
ARTICLE IX
General Provisions
9.01 Enforcement: The covenants, conditions and restrictions herein contained, and
amendments made hereunder, shall run with the land and be binding upon and inure to the
benefit of the Association, the Declarant and property Owners, and may be enforced as
provided hereinafter. Violation of these protective covenants shall give the Association,
the Declarant, or either of them, the right to bring proceedings in law or equity against the
party or parties violating or attempting to violate any terms of this Declaration, the
Articles of Incorporation and Bylaws of the Association, to enjoin them from so doing, to
cause any such violation to cease or to recover damages -resulting from such violation. In
any legal or equitable proceeding to enforce the provisions hereof or to enjoin any
2561851 8-1619 P-903 08/05/1997 02:47P PG 29 OF 35
violation, the party or parties against whom judgment is entered shall pay the attorneys'
fees of the party or parties for whom judgement is entered. Such remedies shall be
cumulative and not exclusive.
Notwithstanding the foregoing, it is understood that the breach of any of this Declaration
shall not defeat or render invalid the lien of any mortgage made in good faith and for
value, provided, however, the covenants, conditions and restrictions shall at all times
remain in full force and effect against said premises or any part thereof notwithstanding
any foreclosure of any mortgage. No assent, expressed or implied, to any breach of any
one or more of the covenants, conditions and restrictions shall be deemed to be a waiver
of any succeeding or other breach.
9.02 Damages: An Owner shall be liable and responsible for payment of any loss or
damage to any portion or property caused by the act or negligence of the Owner or such
Owner's customers which occurs within the Properties or any common areas. Any such
loss or damages together with reasonable attorney's fees and costs of collection may be
recovered from the Owner by means of a fine, an Individual assessment or any other legal
means.
9.03 Duration: The covenants, restrictions and reservations set forth in this Declaration,
unless properly amended shall run with and bind the entire described Properties, for a term
of twenty (20) years from the date this Declaration is recorded, after which time they shall
be automatically extended for successive periods of ten (10) years.
9.04 Amendments: Except for amendments by Declarant as allowed herein, this
Declaration may be amended only by execution of a written document by the Owners of
not less than sixty-seven percent (67%) of the Lots actually in existence at the time of
such amendment. Said requirement shall be satisfied by the recording of a certificate
signed by the Secretary of the Association certifying that the required percentage of Lot
Owners have given notarized consent to the amendment.
9.05 Scope of This Declaration: The undersigned Declarant, as Owner of fee simple title
to the Properties, expressly intends to subject the Properties to the provisions of this
Declaration upon recording of this document. Each Owner shall own their Lot thereof,
subject to the provisions of this Declaration. Any instrument recorded subsequent to this
Declaration purporting to affect an interest in the Properties shall be subject to the terms
of this Declaration despite failure to make reference thereto.
9.06 No Representation: Except as expressly set forth herein, Declarant makes no
representations regarding use of any Lot or Lot. Declarant makes no representations as to
the existence, preservation or permanence of any view from any Lot or Lot.
9.07 Books and Records: Any Lot Owner shall have the right to examine the books and
records of the Association at any reasonable time upon reasonable notice.
2561851 B-1619 P-903 08/05/1997 02:47P PG 30 OF 35
29
9.08 Successors and Assigns: This Declaration shall be binding upon and shall inure to
the benefit of the Declarant and each Lot Owner and to the heirs, representatives, personal
representatives, successors and assigns of each of them.
9.09 Severability: If any portion of the Declaration becomes invalidated in any manner
whatsoever, it shall not affect in any manner the validity, enforceability or effect of the
remainder of this Declaration and, in such event, all other provisions of this Declaration
shall continue in full force and effect.
9.10 Numbers and Genders: Whenever used herein, unless the context shall otherwise
provide, the singular number shall include the plural, the plural the singular, and the use of
any gender shall include all genders.
9.11 Designation of Common Areas: Certain areas of land which are designated as
Common Areas are intended for the common use and benefit of the Planned Development
in that such areas are either reserved for landscape, signage or general utility purposes. It
is desirable for the Association to maintain and control the facilities located thereon. It is
specifically intended by Declarant that no use of the Common Areas shall be made by any
Owner which is inconsistent with the foregoing and such Common Areas is not being
dedicated for use by the general public.
9.12 Registration of Mailing Address: Each Lot Owner and each holder of a security
interest holder, insurer or guarantor of a security interest shall register his mailing address
with the Association, and except for annual statements and other routine notices, all other
notices or demands intended to be served upon a Lot Owner, or upon security interest
holder, insurer or guarantor of a security interest, shall be sent by either registered or
certified mail, postage prepaid, addressed in the name of such person or entity at such
registered mailing address. However, if any Lot Owner fails to notify the Association of a
registered address, then any notice or demand may be delivered or sent, as aforesaid, to
such Lot Owner at the address of such Lot Owner's Lot. All notices, demands, or other
notices intended to be served upon the Executive Board or the Association shall be sent by
registered or certified mail, postage prepaid, to Zeek Partnership, LTD, 14504 I-25
Frontage Rd., Longmont, CO 80504 or until such address is changed by the Association.
9.13 Description of Lots: It shall not be necessary to use the term "Lot" as a part of the
legally sufficient description of a Lot.
2561851 B-1619 P-903 08/05/1997 02:47P PG 31 OF 35
30
IN WITNESS WHEREOF, the Declarant have hereunto set their hands and seals on the
dates set forth on the signature pages below, to be effective as of the last -such date.
"DECLARANT'
ZEEK PARTNERSHIP, LTD.
A COLQRADO PARTNERSHIP
BY:
enneth A. Williamson
' Gen ral Partner
BY
Connie S. Williamson
General Partner
2561851 B-1619 P-903 08/05/1997 02:47P PG 32 OF 35
31
STATE OF COLORADO
COUNTY OF la )Lt d
)
)
)
The foregoing instrument was acknowledged before me this
U , q1 by Kenneth A. Williamson, General Partner
Witness my hand and official seal
My Commissi. L .fires: (p- a - a6O
STATE OF COLORADO
COUNTY OF DL.i d
_1_0____day of
crotaSuovc
lie f
)
)
)
Th foregoing instrument was acknowledged before me this 10 day of
by Connie S. Williamson
Witness my hand and official seal
My Commission Expires: (1,--rs - (960
Notary Publi
2561851 B-1619 P-903 08/05/1997 02:47P PG 33 OF 35
32
EXHIBIT A
Lots 1 through 14, Block 1, and Lots 1 through 12, Block 2
Amended Plat, Rademacher Business Park P.U.D.
According to the plat recorded thereof.
2561851 B-1619 P-903 08/05/1997 02:47P PG 34 OF 35
33
EXHIBIT B
COMMON AREAS
As shown on the recorded plat for the real property described in Exhibit A,including but
not limited to:
Camelot Circle
Kings Court
Knights Way
8O Easement for the Baugh Lateral Ditch
North and South of North Entrance, and North of South Entrance Areas (20' East &
West and 25' North & South) each.
2561851 B-1619 P-903 08/05/1997 02:47P PG 35 OF 35
34
CITIZEN INQUIRY FORM
WELD COUNTY DEPARTMENT OF PLANNING SERVICES/BUILDING INSPECTION
1400 N. 17th Avenue, Greeley, CO 80631
Phone: (970) 353-6100 Ext. 3540 Fax: (970) 352-6312
'TELEPHONE ❑ OFFICE FIRST INQUIRY? ❑ YES NO DATE:
NAME:
ADDRESS:
z
PHONE: gi.e4— z5g4
TYPE OF INQUIRY:
MHZP _ SKETCH PLAN
ZPMH PRELIMINARY PLAN
RE _ FINAL PLAT
AMENDED RE _ RESUBDIVISION
SE FHDP
AMENDED SE _ GHDP
SITE PLAN REVIEW USR
REZONING AMENDED USR
PUD SKETCH PLAN USR MINING
USR MAJOR FACILITY
USR DISPOSAL SITE
PUD DISTRICT
PUD FINAL PLAT
STAFF PERSON:
ITEMS DISCUSSED:
MINOR SUB SKETCH PLAN
MINOR SUB FINAL PLAT
ZONING
ADDRESSING
BUILDING PERMIT
SETBACKS/OFFSETS
HOME OCCUPATION
VIOLATION
OTHER
� J4 A os2 - taS
_i P .. 5 f 4„4 ( n, •.
Time Spent:
citizen.shl
Staff Member's Initials:
PL C>3?/
' ` 06/01/98 13:31 FAX 970 352 2888 WELD PUBLIC WORK
S_4t
Zeal
An 404
WF�YG
COLORADO
March 25, 1998
I. L. Walter
J. L. Walter Consulting
114 E. Street
Loveland, CO 80537
RE: I-25 Business. Zeek Partnership, Ltd.
Dear I. L:
PUBLIC WORKS DEPARTMENT
PHONE (970) 356-4000, EXT. 3750
FAX; (970) 352-2868
933 NORTH I ITH AVENUE
P.O. BOX 758
GREELEY, COLORADO 80632
The Weld County Public Works Department has reviewed your proposal to provide vertical curb and
gutter and incorporate in full -depth asphalt The applicant should place the new typical road cross
section on the final plat and this should reflect the attached document that was included with your
letter dated March 18, 1998. All internal streets within the I-25 business park should reflect this
typical cross section.
Sincerely,
44 et-fiai
Don Carroll
Engineering Administrator
cc: Todd Hodges
Commissioner Webster
S-422
Post -it' Fax Note7671
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06/01/98 13:38
TX/RX N0.1218 P.001
■
• 06/01/98 13:31 FAX 970 352 2888 WELD PUBLIC WORE
121002
March 18, 1998
d L Walter Consulting
114 E. 5ch Sueet
Loveland, CO 80537
(970) 203-1134
FAX (970) 203-1147
RECEIVED MAR 2 0 1998
s34 -qty I
Mr. Don Carroll
Weld County Engineering Department
P.O. Box 758
Greeley, CO 80632
RE: I-25 Business, Zeal' Partnership, Ltd.
Dear Don,
Per our recent discussion, the developer/owner of the I-25 Business Park located in the
North East corner of the intersection of Weld County Road 32 and I-25, west of Weld
County Road 9.5 has decided to install curb and gutter in the development You
indicated you would first need a road section to evaluate.
Please find enclosed a road section showing 2'6" Vertical Curb and Gutter, 6.5" full depth
asphalt per the pavement thickness design completed by Landmark Engineering Ltd_, and
the proposed street widths_ You will note that the additional two (2) foot of gutter pan
was added to the originally approved fourteen (14) foot of road pavement. The developer
has indicated that he would yet prefer that no on street parking be allowed_
Our intent is to modify the existing street plans by lowering the centerline profile
appropriately to indicate the curb and gutter Bowline_ The Bowline will be at the same
elevation on both sides of the ,tre..t and therefore only one line will be shown_ any
variations in this, such as at curb returns, will be clarified by grades shown on the plan
views with notes on the profile.
Please review the enclosed and respond as to any further questions or information you
may require_ We would like to proceed with this project as soon as possible to allow
pavement to start as soon as the asphalt plants begin full operation.
Sincerely,
I.L. Walter
c.c. Ken Williamson, Owner
Enclosure
06/01/98 13:38
TX/RX N0.1218 P.002
06/01/08 13:31 FAX 070 352 2888 WELD PUBLIC WORK
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06/01/98 13:38
TX/RX NO.1218 P.003
■
06/01/98 13:38
TX/RX NO.1218 P.003
■
FROM : DESIGN DEVELOPMENT
PHONE NO. : 970 282 7123 Mar. 19 1998 04:29PM P1
Design Development Consultants
DEVELOPMENT/CONSULTING SERVICES FOR THE COLORADO COMMUNITY
FAX
DATE: March 19, 1998
TO: Todd Hodges
FROM: Donald D. Leffler
re: Sign approval for Rademacher Business Park
fax: (970) 352-6312
No. of Pages: 7`
Comments: Todd, enclosed you will find the proposed site sign for the entry -way
for the business park. If you have any questions please call us at your convenience -
Thanks
DDL
2827 Redwing Road Saute 350
Fort Collins, Colorado 80528 (970) 286-0586 fm: (870) 282-7123
03/19/98 16:34
TX/RX NO.0428 P.001
•
FROM : DESIGN DEVELOPMENT PHONE NO. : 970 282 7123 Mar. 19 1998 04:30PM P2
Design Development Consultants
DEVELOPMENTICONSULTINO SERVICES FOR THE COLORADO COMMUNITY
2627 Redwing Road SUMS 350
Fat Collins. Colorado 80526 (970) 266-0585 lax (970) 282-7123
03/19/98 16:34
TX/RX NO.0428 P.002
•
FROM : DESIGN DEVELOPMENT PHONE NO. : 970 282 7123 Mar. 19 1998 04:30PM P3
Design Development Consultants
DEVELOPMENT/CONSULTING SERVICES FOR THE COLORADO COMMUNITY
112
2027 Redwing Road Guile 380 Fat Galion, Colotadv 00528 (970)266450S ler (970) 262-7123
03/19/98 16:34
TX/RX NO.0428 P.003
•
FROM : DESIGN DEVELOPMENT
PHONE NO. : 970 282 7123
Mar. 19 1998 04:31PM P4
Design Development Consultants
DEVELOPMENTICONSULTINO SERVICES FOR THE COLORADO COMMUNITY
2627 Redwing Road Suite 350
Fat Collins, Gatorade 80528
(970) 288-0585 tax: (970) 282-7123
03/19/98 16:34
TX/RX NO.0428 P.004
■
FROM : DESIGN DEVELOPMENT
PHONE NO. : 970 282 7123
Mar. 19 1998 04:31PM PS
Design Development Consultants
DEVELOPMENT/CONSULTING SERVICES FOR THE COLORADO COMMUNITY
2627 Redwing Road Suite 350 Fat Collins, Colorado 50528 (970) 266-0585 fax: (070) 262-7123
03/19/98 16:34 TX/RX NO.0428
P.005
■
FROM : DESIGN DEVELOPMENT
PHONE NO. : 970 292 7123 Mar. 19 1998 04:31PM P6
f
LCD or)
a)
I.
ft
03/19/98 16:34
TX/RX NO.0428 P.006
■
FROM : DESIGN DEVELOPMENT
PHONE NO. : 970 282 7123
Mar. 19 1998 04:32PM P7
Design Development Consultants
DEVELOPMENTICON5ULTINO SERVICES FOR THE COLORADO COMMUNITY
1. Use two (2) coats Of hot tar for weather seal on back side of wall to within 4CONSTRUCTION NOTES:
of finish grade.
2. All joints shall be rake joint finish.
3. All backfill shall be achieved by mechanical means to a compaction of
and shall be done in lifts of 6 to approval increments.toinstallation.
4. Brick shall meet with owners apps prior
2627 Redwing Road Suite 350
Fort Cans, Colorado 80526
not less than 90%
(970) 266-0585 fax' (970)282-7129
03/19/98 16:34
TX/RX NO.0428 P.007
■
FROM : DESIGN DEVELOPMENT
PHONE NO. : 970 282 7123 Mar. 13 1990 10:04RM P1
Design Development Consultants
DEVELOPMENT/CONSULTING CERVICES FOR THE COLORADO COMMUNITY
FAX
DATE: March 13, 1998
TO: Todd Hodges
FROM: Donald D. Leffler
re: Entry Sign for I-25 Business Park
fax: (970) 352-6312
No. of Pages: 6`
Comments: Todd;
The proposed ground signs shall be placed at each entry to the site. Additionally,
we intend to place one on each side of the entry to enhance the landscaping. Please
let me know if this is acceptable.
Thanks
DDL
tc4Ccylotv P\?,-.1ing Dept.
MAR 13 1998
Gov
2627 Redwing Road Suite 360
4A•
Fort Collins, Colorado 80526 (970) 266-0585 (ax: (970) 282-7123
03/13/98 10:09
TX/RX NO.0347 P.001
FROM : DESIGN DEVELOPMENT
PHONE NO. : 970 292 7123
Mar. 13 1998 10:05RM P2
Design Development Consultants
DEVELOPMENT/CONSULTING SERVICES FOR THE COLORADO COMMUNITY
O
O
2627 Rodwing Road Suite 350
O
0
Fait Copna, Colorado 80526 (970) 266.0585 lax: (970) 282-7123
03/13/98 10:09
TX/RX NO.0347 P.002
■
FROM : DESIGN DEVELOPMENT
PHONE NO. : 970 282 7123 Mar. 13 1998 10:05AM P3
Design Development Consultants
DEVELOPMENT/CONSULTING SERVICES FOR THE COLORADO COMMUNITY
2627 Redwhp Road 84410 350
Fat Copins, Colorado 00528 (970)26G-0585 fax: (970) 282-7123
03/13/98 10:09
TX/RX NO.0347 P.003
•
FROM : DESIGN DEVELOPMENT
PHONE NO. : 970 202 7123 Mar. 13 1998 10:06RM P4
03/13/98 10:09
TX/RX NO.0347 P.004
•
FROM : DESIGN DEVELOPMENT
PHONE NO. : 970 262 7123 Mar. 13 1999 10:06AM P5
Design Development .Consultants
DEVELOPMENT/CONSULTING SERVICES FOR THE COLORADO COMMUNITY
f
2827 Redwing Rood Suls 950 rod Collins, Colorado 60526 (970) 286-0585 lac (070)282-7123
03/13/98 10:09
TX/RX NO.0347 P.005
•
FROM : DESIGN DEVELOPMENT PHONE NO. : 970 282 7123
Mar. 13 1998 10:07RM PG
• Design Development Consultants
DEVELOPMENTICON8ULTINa SERVICES FOR THE COLORADO COMMUNITY
2627 RedwI g Road Suite 350 Fat Coins, Colorado 80526 (970) 266.0585 fax: (970) 262-7123
03/13/98 10:09
TX/RX NO.0347 P.006
•
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