HomeMy WebLinkAbout20242528.tiffRESOLUTION
RE: APPROVE PETITION FOR ABATEMENT OR REFUND OF TAXES FOR ACCOUNT
NUMBER R6778039 - MILLIKEN PLAZA, INC.
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners of Weld County, State of Colorado, were
presented with a Petition for Abatement or Refund of Taxes for Account Number R6778039 at a
duly and lawfully called regular meeting held on the 23rd day of September, 2024, at which
meeting there were present the following members: Chair Kevin D. Ross, and Commissioners
Perry L. Buck, Mike Freeman, Scott K. James, and Lori Saine, and
WHEREAS, notice of such meeting and an opportunity to be present has been given to
the taxpayer and the Assessor of said County, with said Assessor, Brenda Dones, being present,
and taxpayer, Milliken Plaza, Inc., being represented by 1st Net Real Estate Services, Inc., not
being present, and
WHEREAS, the Board of County Commissioners has carefully considered the attached
petition and is fully advised in relation thereto.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the Board concurs with the recommendation of the Assessor and
the petition be, and hereby is, approved and an abatement or refund be allowed as follows:
CORRECTION
TO ASSESSED
VALUATION
ABATEMENT
OR REFUND
TAX
YEAR
$0.00
$30,259.66
2023
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2024-2528
AS0117
TAX ABATEMENT PETITION - MILLIKEN PLAZA, INC.
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 23rd day of September, A.D., 2024.
BOARD OF COUNTY COMMISSIONERS
WELD COUN , • •
ATTEST:
Weld County Clerk to the Board
BY: nt .RJOA Ll) k
Deputy Clerk to the Board
APPR D_
ounty Attor eylzl
Date of signature: 2-4
Kevin D. Ross, Chair
Perry L.uck, Pro -Tern
reeman
tt K. James
25744"'1/4..
on Saine
2024-2528
AS0117
RECEIVED
PETITION FOR ABATEMENT OR REFUND OF TAXES 7/11/2024
County: WELD
Section I: Petitioner, please complete Section I only.
Date: 7 8 2024
Moith Day Year
Petitioner's Name: MILLIKEN PLAZA INC.
WELD COUNTY ASSESSOR
Date Received GREELEY, COLORADO
(Use Assessor's or Commissioners' Date Stamp)
Uri, -a A et oo`f
RECEIVED
Petitioner's Mailing Address: CIO 1st Net Real Estate Services Inc.,3333 S. Wadsworth Blvd. Suite D-105
Lakewood Colorado
City or Town
SCHEDULE OR PARCEL NUMBER(S)
R6778039
80227
State Zip Code
A!' 262024
PROPERTY ADDRESS OR LEGAL DESCRIPTION OF PROPERTYWELD L D COUNTY
COMMISSIONERS
Petitioner requests an abatement or refund of the appropriate taxes and states that the taxes assessed against the
above property for the property tax year 2023 are incorrect for the following reasons: (Briefly describe why
the taxes have been levied erroneously or illegally, whether due to erroneous valuation, irregularity in levying,
clerical error, or overvaluation. Attach additional sheets if necessary.) The parcel number which encompass a small area
around one of the building improvements and the parting lot. The area is part of the common area which comprise the total commercial
condo development known as Traders Junction Condos. Because the above mentioned land area is the common area of the Condominium
Association we are requesting zero value for the Account number as its value is areadylbeing represented as part of the overall land and
improvement of the entire development as evidenced by the 2021 sale of the subject.
Petitioner's estimate of value: $ 0 ( 2023 )
Value Year
I declare, under penalty of perjury in the second degree, that this petition, together with any accompanying exhibits
or statements, has been prepared or examined by me, and to the best of my knowledge;4 formation, and beli
true, correct, and complete. �.
Petitioner's Signature
By _
Agents Signature'
Printed Name: Dan George
Daytime Phone Number ( See ) Attached Authorization
Email
Daytime Phone Number
720 )962-5750
Email dgeorge a@1stnetre.com
'Letter of agen:y must be attached when petition is submitted by an agent.
If the Board of County Commissioners, pursuant to § 39-10-114(1), C.R.S., or the Property Tax Administrator, pursuant to § 39-2-116, C R.S..
denies the petition for refund or abatement of taxes in whole or in part, the Petitioner may appeal to the Board of Assessment Appeals pursuant
to the provisions of § 39-2-125, C.R.S., within thirty days of the entry of any such decision, § 39-10-114.5(1), C.R.S.
RECEIVED
OCT 1 5 2021
WELD COUNTY ASSESSOR
GREELEY, COLORADO
Section II:
Assessor's Recommendation
(For Assessor's Use Only)
Tax Year 2323
Actual Assessed
Original $ 759,981.00 $ 203,670.00 $ 30,259.66
Corrected
Abate/Refund
Tax
$ 0.00 $ 0.00 $ 0.00
$-759,981.00 $-203,670.00 $-30,259.66
MEMINOINIM
Assessor recommends approval as outlined above.
If the request for abatement is based upon the grounds of overvaluation, no abatement or refund of taxes shall be made if an objection or protest
to such valuation has been filed and a Notice of Determination has been mailed to the taxpayer, § 39-10-114(1)(a)(1)(D), C.R.S.
Tax year: 2323 Protest? ® No O Yes (If a protest was filed, please attach a copy of the NOD.)
❑ Assessor recommends denial for the following reason(s):
(3(21114‘,D0 n (1\
Assessor's or Deputy Assessor's Signature
15-DPT-AR No 920-66/17
1J
FOR ASSESSORS AND COUNTY COMMISSIONERS USE ONLY
(Section III or Section IV must be completed)
Every petition fc r abatement or refund fled pursuant to § 39-10-114, C.R.S. shall be acted upon pursuant to the provisions of this section by the
Board of County Commissioners or the Assessor, as appropriate, within six months of the date of filing such petition, § 39-1-113(1.7), C.R.S.
• _
Section III:
Written Mutual Agreement of Assessor and Petitioner
(Only for abatements up to $10,000)
The Commissioners of County authorize the Assessor by Resolution No.
to review petitions for abatement or refund and to settle by written mutual agreement any such petition for
abatement o- refund in an amount of $10,000 or less per tract, parcel, or lot of land or per schedule of personal
property, in accordance with § 39-1-113(1.5), C.R.S.
The Assessor and Petitioner mutually agree to the values and tax abatement/refund of:
Tax Year
Actual
Original
Corrected
Abate/Refund
Assessed Tax
Note: The total tax amount does not include accrued interest, penalties, and fees associated with late and/or delinquent tax payments, if
applicable. Please contact the County Treasurer for full payment information.
Petitioner's Signature
Assessor's or Deputy Assessor's Signature
Date
Date
Section IV: Decision of the County Commissioners
(Must be completed if Section III does not apply)
WHEREAS the County Commissioners of County, State of Colorado, at a duly and lawfully
called regular meeting held on / / , at which meeting there were present the following members:
Month Day Year
with notice of such meeting and an opportunity to be present having been given to the Petitioner and the Assessor
of said County and Assessor (being present --not present) and
Name
Petitioner (being present --not present), and WHEREAS, the said
Name
County Commissioners have carefully considered the within petition, and are fully advised in relation thereto,
NOW BE IT RESOLVED that the Board (agrees --does not agree) with the recommendation of the Assessor,
and that the petition be (approved --approved in part --denied) with an abatement/refund as follows:
Year
Assessed Value Taxes Abate/Refund
Chairperson of the Board of County Commissioners' Signature
I, County Clerk and Ex -Officio Clerk of the Board of County Commissioners
in and for the aforementioned county, do hereby certify that the above and foregoing order is truly copied from the
record of the proceedings of the Board of County Commissioners.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County
this day of
Month Year
County Clerk's or Deputy County Clerk's Signature
Note: Abatements greater than $10,000 per schedule, per year, must be submitted in duplicate to the Property Tax Administrator for review.
15-DPT-AR No. 920
Section V:
Action of the Property Tax Administrator
(For all abatements greater than $10,000)
The action of the Board of County C
tv Approved ❑ Approved in,part $,
S ec-etary's$+giftture
sioner� relative tp this petition, is hereby
Denied f • 1 the follow reason(s):
;AL"' /Ai
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GREG A POLGAR
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20214003784
MY COMMISSION EXPIRES JANUARY 28,32025 -
07/16/2024
Attn: Brenda Dones
RE: 2023 Abatement received 07/11/2024
R6778039
Milliken Plaza Inc
1139 Button Rock Dr
Longmont, CO 80504-2258
2023 Assessors Value $759,981 ($5.31/sf)
Subject:
The subject property is a 143,008-sf (3.3 -ac) parcel located in the Trader's junction
Condominiums portion of the Settler's Village subdivision. It is improved with
concrete and asphalt and used as a parking lot for the surrounding commercial
condominium and retail properties.
Abatement Request:
The petition for abatement or refund of taxes was submitted by Dan George of
1stNet Real Estate Services, Inc., the agent representing the owner of the
property.
The petitioner states that the parcel is general common element for the Traders
Junction Condominium complex and the value of the parcel should already be
included in the value of the condominium units as evidenced by a 2021 sale of the
subject.
Description and Analysis:
The issue addressed in the analysis of the petition request is whether the parcel
should be considered General Common Element and owned by the Trader's Junction
Condominiums Owners Association. If so, the value of the parcel would be
represented in the value of the Trader's Junction Condominiums units.
The 12/15/2008 Traders Junction Condominiums - Phase 1 Condominium Map and
12/05/2012 Declarations of Covenants, Conditions and Restrictions for Traders
Junction Condominiums indicate the ownership of the parcel should be with the
Traders Junction Condominiums Owners Association.
Reconciliation and Summary:
We have determined ownership should be with the Traders Junction Condominiums
Owners Association. The Covenants indicate the property includes the 11 Units in
Building D, two building sites, shared parking lot, landscaping improvements and
other common elements. One of the two building sites has been developed into an
additional two condo units since the filing of the covenants, resulting in 13
condominium units.
The property was sold on 05/25/2021 for $3,400,000. The deed included the 13
condominium units. A corrected deed was filed 11/22/2021 including the 13 condo
units and all common areas and building sits described in the original declaration or
depicted in the Phase 1 or Phase 2 map.
I recommend the parcel ownership be corrected to the Traders Junction
Condominiums Owners Association and the classification corrected to general
common element. Doing so removes a double taxation on the general common
elements since their value is already reflected in the value of the condominium
units. This results in a reduction of the value of the subject parcel to $0.
Map of Subject
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TRADERS JUNCTION CONDOMINIUMS - PHASE 1
CONDOMINIUM MAP
LOCATED IN THE NORTH WEST 1l4 OF SECTION 12,
TOWNSHIP 4 NORTH, RANGE 67 WEST OF THE 6TH P.M.,
TOWN OF MILLIKEN, COUNTY OF WELD, STATE OF COLORADO
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TRADERS JUNCTION CONDOMINIUMS - PHASE 1
CONDOMINIUM MAP
LOCATED IN THE NORTHWEST 1I4 OF SECTION 12,
TOWNSHIP 4 NORTH, RANGE 67 WEST OF THE 6TH P.M.,
TOWN OF MILLIKEN, COUNTY OF WELD, STATE OF COLORADO
LAND SURVEY PLAT - EXISTIIMPROVEMENTS
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CONDOMINIUM MAP
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TOWN OF MILLIKEN, COUNTY OF WELD, STATE OF COLORADO
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3595056 12/15/2008 04:36P Weld County, CO
0561 of 39 R 196.00 D 0.00 Steve Moreno Clerk & Recorder
DECLARATION OF
COVENANTS, CONDITIONS AND RESTRICTIONS
FOR
TRADERS JUNCTION CONDOMINIUMS
Name of Common Interest Community:
TRADERS JUNCTION CONDOMINIUMS
Name of Owner's Association:
TRADERS JUNCTION CONDOMINIUMS OWNERS ASSOCIATION.
Declarants:
TRADER'S JUNCTION, LLC
Type of Common Interest Community:
CONDOMINIUM
111(111111111111111111111111 III 111111 III 1IIII IIII IIII
3595056 12/15/2008 04:36P Weld County, CO
2 of 39 R 196.00 D 0.00 Steve Moreno Clerk & Recorder
TABLE OF CONTENTS
RECITALS
.6
ARTICLE 1— DECLARATION AND SUBMISSION 6
ARTICLE 2 - RELATIONSHIP BETWEEN TRADERS JUNCTION CONDOMINIUMS,
AND TRADERS JUNCTION RETAIL CENTER
2.1 The Property 6
2.2 Traders Junction Declaration 6
2.3 Traders Junction Condominum Declaration 7
2.4 Relationship of Traders Junction Association to this Common Interest Community 7
2.5 Voting 7
ARTICLE 3 — DEFINITIONS 8
ARTICLE 4 - NAME, UNITS AND ALLOCATION OF INTERESTS
4.1 Name 12
4.2 Existing Property 12
4.3 Number of Units 12
4.4 Identification of Units 12
4.5 Description of Units 12
4.6 Allocation of Interest and Formulas for the Allocation of Interests 12
ARTICLE 5 — MEMEBERSHIP AND VOTING RIGHTS; ASSOCIATION
OPERATIONS
5.1 The Association 13
5.2 Transfer of Membership 13
5.3 Membership 13
5.4 Voting 13
5.5 Declarant Control 13
5.6 Books and Records 13
5.7 Manager 14
5.8 Cooperation with Other Associations 14
5.9 Rights of Action . 14
5.10 Implied Rights and Obligations 14
ARTICLE 6 -- POWERS OF THE EXECUTIVE BOARD 15
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ARTICLE 7 — MECHANIC'S LIENS
7.1 No Liability 16
7.2 Indemnification 17
7.3 Association Action 17
ARTICLE 8 — EASEMENTS
8.1 Recorded Easements 17
8.2 I)eclarant's Rights Incident to Construction 17
8.3 Utility Easements 17
8.4 Reservation of Easements, Exceptions and Exclusions 18
8.5 Emergency Access Easement ..18
8.6 Support Easement 18
ARTICLE 9 — MAINTENANCE
9.1 Maintenance by Owners 18
9.2 Owner's Failure to Maintain or Repair 18
9.3 Maintenance by Association 19
9.4 Association Maintenance as Common Expense 19
9.5 Easement for Maintenance 19
9.6 Association's Right to Grant Owner's Maintenance Area 19
9.7 Limited Common Element Damage .19
9.8 Water and Sewer Service 20
ARTICLE 10 - INSURANCE
10.1 General Insurance Provisions 20
10.2 Property and Commercial General Liability Insurance .21
10.3 Repair and Replacement ..21.
10.4 Repair Costs 22
10.5 Insurance Proceeds 22
10.6 Fidelity Insurance 22
10.7 Workers' Compensation Insurance 22
10.8 Other Insurance 22
10.9 Common Expenses 23
10,10 Notice 23
10.11 Other .23
ARTICLE — l l ASSESSMENTS
11.1 Obligation 23
11.2 Commencement of Assessments 23
11.3 Accounting Year; Assessment Period 23
11.4 Budget 23
11.5 Annual Assessments 24
11.6 Apportionment of Annual Assessments 24
11.7 Special Assessments 24
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11.8 Default Assessments 24
11.9 Effect of Nonpayment; Assessment Lien 25
11.10 Personal Obligation 25
11.11 Payment by Mortgagee 26
11.12 Statement of Status of Assessment Payment 26
11.13 Maintenance of Accounts; Accounting 26
ARCICLE 12 - DAMAGE OR DESTRUCTION
12.1 The Role of the Executive Board 27
12.2 Estimate of Damage or Destruction 27
12.3 Repair and Reconstruction 27
12.4 Funds for Repair and Reconstruction 27
12.5 Disbursement of Funds for Repair and Reconstruction 27
ARTICLE 13 — CONDEMNATION
13.1 Rights of Owners 27
13.2 Partial Condemnation; Distribution of Award; Reconstruction .28
13.3 Complete Condemnation 28
ARTICLE 14 - ASSOCIATION AS ATTORNEY -IN -FACT 28
ARTICLE 15 — RESERVED DEVELOPMENT AND SPECIAL DECLARANT
RIGHTS 29
ARTICLE 16 — USE OF UNITS, RESTRICTIONS
16.1 Association Power 31
16.2 Restrictions on Use .31
16.3 Nonresidential Use ..31
1.6.4 Leasing 31
16.5 No Subdivision 31
16.6 Miscellaneous Restrictions 31
16.7 Owner Improvements ..33
16.8 Owner Repair and Maintenance 33
ARTICLE 17 — MORTGAGEE'S RIGHTS
17.1 Distribution of Insurance or Condemnation Proceeds 33
17.2 Right to Pay Taxes and Charges 34
17.3 Audited Financial Statement 34
17.4 Notice of Action 34
17.5 Action by Mortgagee 34
ARTICLE 18 — DURATION OF COVENANTS ANI) AMENDMENT
18.1 Term 35
18.2 Amendment 35
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18.3 Execution of Amendments 35
18.4 Revocation .35
18.5 Declarant Rights .35
ARTICLE 19 — GENERAL PROVISIONS
19.1 Restriction on Declarant Powers 35
19.2 Enforcement 35
19.3 Claims 35
19.4 Waiver 36
19.5 Registration of Mailing Address 36
19.6 Limitation on Liability ...36
19.7 No Representations or Warranties 36
19.8 Owners Right to Examine 36
19.9 Disclaimer Regarding Safety 36
19.10 Severability 36
19.11 Conflicts Among Documents 36
EXHIBIT A
LEGAL DESCRIPTION 38
EXHIBIT B
ALLOCATION OF INTERESTS 39
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DECLARATION OF
COVENANTS, CONDITIONS AND RESTRICTIONS FOR
TRADERS JUNCTION CONDOMINIUMS
THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, (the
"Declaration") is made on the date hereinafter set forth by Traders Junction, LLC, hereinafter
referred to as "Declarants".
RECITALS
A. Declarant is the owner of certain real property located in the Town of Milliken, Weld
County, Colorado, more particularly described on the attached Exhibit A (the
"Property").
B. Declarants desire to create a condominium common interest community pursuant to
the Colorado Common Interest Ownership act as set forth in C.R.S.§ 38-33.3-101 et
seq. (the "Act") on the Property, the name of which is Traders Junction
Condominiums.
ARTICLE 1 — DECLARATION AND SUBMISSION
1.1 Declaration. Declarant. for itself, its successors and assigns, hereby declares that all
property herein or hereafter made subject to this Declaration shall be held, sold and conveyed
subject to the following covenants, conditions, restrictions, easements and other provisions of
this Declaration that shall run with the land and be binding on all parties having any right, title or
interest in all or any part of the Property, and their heirs, personal representatives, successors and
assigns. Additionally, Declarant hereby submits the Property to the provisions of the Act.
ARTICLE 2 — RELATIONSHIP BETWEEN TRADERS JUNCTION
CONDOMINIUMS AND TRADERS JUNCTION RETAIL CENTER
2.1 The Property. As of the date of this Declaration, the Property consists of two
development phases: Phase One consists of Building D, containing 11 Units; Phase Two
consists of Building Site A, Building Site B, and a shared parking lot, landscaping improvements
and other common elements.
2.2 Traders Junction Declaration. The Property is also subject to The Declaration of
Covenants, Conditions and Restrictions for Traders Junction recorded on October 11. 2006, at
Reception No. 3426725, in the Office of the Weld County Clerk and Recorder (the "Traders
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Junction Declaration"). The Traders Junction Declaration establishes the Traders Junction
Owners Association, which is hereafter referred to as the "Traders Junction Association".
2.3 Traders Junction Condominiums Declaration. The covenants, conditions and restrictions
of this Declaration shall be subject to and conform to the covenants, conditions and restrictions
of the Traders Junction Declaration. No improvements, alterations, repairs, change of paint
colors, signs, excavations, changes ingrade or other work which in any way alter the exterior of
any Unit, Building, or Common Area or the improvements located thereon from its natural or
improved state existing on the date such property was first subject to the Traders Junction
Declaration shall be made or done without compliance with the architectural control procedures
set forth in the Traders Junction Declaration.
2.4 Relationship of Traders Junction Declaration and Association to this Condominium
Common Interest Community. The relationship between the Traders Junction development and
Traders Junction Condominiums is set forth in the Traders Junction Declaration. Pursuant to the
Traders Junction Declaration:
2.4.1 The Traders Junction Condominiums Owners Association (the "Condominium
Association" or the "Association" in this Declaration) and not the individual owners shall
be a member of the Traders Junction Association. The three Building Sites within the
Condominium Association each have one (1) fractional vote within the Traders Junction
Association. The owner(s) of each Building Site shall each appoint one (1) individual to
represent them as members of the Traders Junction Association.
2.4.2 The Traders Junction Association may enforce the Traders Junction Declaration
and other Traders Junction Association documents against the Condominium Association
and/or each of the owners of individual condominium units.
2.4.3 The Traders Junction Association is responsible for and in control of a substantial
share of the improvements used by all of the Condominiums Association, including the
parking lot and street frontage landscaping improvements. The expenses related to such
improvements shall be apportioned among the Building Sites as provided in the Traders
Junction Association documents.
2.4.4 The Condominium Association shall pay the assessments billed by the Traders
Junction Association. Each individual condominium owner shall be jointly and severally
liable for the assessments and shall not be relieved of liability for payment of the owner's
pro rata share of the assessment. The lien for assessments shall be a lien against the
entire condominium community and each individual condominium unit. The Traders
Junction Association may foreclose the assessment lien against the entire condominium
community and/or one or more individual condominium units.
2.5 Voting. The Condominium Association representatives shall each be entitled vote as
provided in the Traders Junction Declaration. Until the Executive Board of Traders Junction
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Condominiums appoints representatives, Declarant shall appoint the Association's
representatives.
ARTICLE 3 — DEFINITIONS
The following words when used in this Declaration or any other Association Documents shall
have the following meanings:
3.1 Act. The Colorado Common Interest Ownership Act found in Title 38 of the Colorado
Revised Statutes. Any references in the Association Documents to the Act or a section of the
Act shall refer to the Act as presently enacted or subsequently amended.
3.2 Agency. Any agency or corporation such as Housing and Urban Development, Veteran's
Administration or Federal National Mortgage Association ("FNMA") that purchases or insures
mortgages.
3.3 Annual Assessment. The Assessment levied pursuant to an annual budget.
3.4 Articles. The Articles of Incorporation for Traders Junction Condominiums Owners
Association, Inc., a Colorado nonprofit corporation, currently on file with the Colorado Secretary
of State, and any amendments that may be made to those Articles form time to time.
3.5 Assessments. The Annual, Special and Default Assessments levied by the Condominium
Association. Assessments are also referred to as a Common Expense Liability as defined under
the Act.
3.6 Association. Traders Junction Condominiums Owners Association, a Colorado nonprofit
corporation, and its successors and assigns.
3.7 Association Documents. This Declaration, and any Supplemental Declaration, the
Articles of Incorporation, the Bylaws, the Map and any procedures, rules, regulations or policies
adopted under such documents by the Association and any amendments to any of said
documents_
3.8 Boundaries. The boundaries of each Unit created by the Declaration are shown on the
Map for each building in the Association. Perimeter walls, lowermost floors, and uppermost
ceilings shall mark the perimeter boundaries of a Unit.
3.8.1 All lath, furring, wallboard, plasterboard, plaster, paneling, tiles, wallpaper, paint,
and finished flooring and any other materials constituting any part of the finished
surfaces thereof are part of the Unit, and all other portions of the walls, floors or ceilings
which are part of the perimeter boundaries of a Unit are part of the Common Elements.
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3.8.2 If any chute, flue, duct, wire, conduit, bearing wall bearing column, or other
fixture lies partially within and partially outside the designated boundaries of a Unit, any
portion thereof serving only that Unit is a Limited Common Element allocated solely to
that Unit; any portion serving more than one Unit or any portion of the Common
Elements of a particular building but not serving any other building is a part of the
Limited Common Elements allocated solely to the benefited building; any portion serving
more than one building is a part of the Common Elements.
3.8.3 Subject to the provisions hereof, all spaces, interior partitions, and other fixtures
and improvements within the boundaries of a Unit are part of the Unit.
3.8.4 Any shutters, awnings, window boxes, doorsteps, stoops, porches, balconies, and
patios and all exterior doors and windows or other fixtures, including heating, air
conditioning and hot water apparatus designed to serve a single Unit, but located outside
the Unit's boundaries, are Limited Common Elements allocated exclusively to that Unit.
3.9 Building Site. A parcel of land within the Property upon which a building has been or
will be developed. As of the date of this Declaration, there are three Building Sites within the
Property, one of which has a building and two of which are vacant.
3.10 Bylaws. The Bylaws adopted by the Association, as amended from time to time.
3.11 Clerk and Recorder. The office of the Clerk and Recorder in Weld County, Colorado.
3.12 Common Elements. All portions of the Project except the Units.
3.13 Common Expenses.
3.13.1 All expenses expressly declared to be Common Expenses by this Declaration or
the Bylaws of the Association;
3.13.2 All other expenses of administering, service, conserving, managing, maintaining,
repairing or replacing the Common Elements;
3.13.3 Insurance premiums; and
3.13.4 All expenses lawfully determined to be common expenses by the Executive
Board.
3.13.5 Common Expenses benefitting fewer than all the Units may, in the discretion of
the Executive Board, be assessed exclusively against those Units benefitted.
3.14 County. Weld County, Colorado.
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3.15 Declaration. This Declaration and the Map, and amendments and supplements to the
foregoing.
3.16 Executive Board. The governing body of the Association.
3.17 First Mortgage. Any Mortgage that is not subject to any monetary lien or encumbrance
except liens for taxes or other liens that are given priority by statute.
3.18 First Mortgagee. Any person named as mortgagee or beneficiary in any First Mortgage,
or any successor to the interest of any such person under such First Mortgage.
3.19 Improvements. All improvements now or hereafter constructed including, without
limitation, all exterior lighting, benches, walks, landscaping, sprinkling systems, and parking
areas within the Project.
3.20 Landscaping. Landscaping shall mean and refer to a space of ground covered with lawn,
ground cover, shrubbery, trees, flowers and other plant materials which may be complimented
with berms, masonry, rock or hark mulch or other ground cover and other similar landscaping
materials, together with irrigation/sprinkler systems associated with the same, all harmoniously
combined with other Improvements.
3.21 Limited Common Elements. A portion of the Common Elements allocated by this
Declaration, the Map, or by operation of the Act to the exclusive use of one or more Units, but
fewer than all of the Units.
3.22 Manager. A person or entity engaged by the Association to perform certain duties,
powers or functions of the Association, as the Executive Board may authorize from time to time.
3.23 Map. The Condominium Map of the Project recorded with the Clerk and Recorder,
depicting a plan and elevation sketch of all or part of the Property subject to this Declaration, and
any supplements and amendments thereto. As of the date of this Declaration, the Map depicts
Phase 1. consisting of 11 Units within Building D; and Phase 2, consisting of Building Site A,
Building Site B, a shared parking lot, landscaping improvements and other site improvements.
Declarant shall record supplemental Map(s) as the Building Sites are developed and the
boundaries thereof further refined and defined.
3.24 Member. Every person or entity that holds membership in the Association by virtue of
the ownership of a Building Site or a Unit within a Building Site.
3.25 Mortgage. Any mortgage. deed of trust or other document pledging any Unit or interest
therein as security for payment of a debt or obligation.
3.26 Mortgagee. Any person named as a mortgagee or beneficiary in any Mortgage, or any
successor to the interest of any such person under such Mortgage.
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3.27 Notice. (i) written notice hand delivered or sent by prepaid United States mail to the
mailing address of a Unit or to any other mailing address designated in writing by the Unit
Owner or to the last known address of the intended recipient, or (ii) notice through an
Association publication which is hand delivered or sent by prepaid United States mail to the
Units; or (iii) notice delivered by electronic mail or facsimile to an Owner at the electronic mail
address or facsimile number designated by the Owner.
3.28 Owner. The owner of record, whether one or more persons or entities, of fee simple title
to any Building Site or any Unit.
3.29 Project. The common interest community created by this Declaration and as shown on
the Map, consisting of three Building Sites, the Common Elements, and Limited Common
Elements.
3.30 Property. The real property described in Exhibit A, together with such additional
property as is subsequently subjected to this Declaration in accordance with the provisions set
forth herein below.
3.31 Rules and Regulations. Rules and regulations may be adopted by the Executive Board
for the management, preservation, safety control and orderly operation of the Project and
governing use of the Common Elements provided, however that such Rules and Regulations
shall be uniform and nondiscriminatory. Copies of all such Rules and Regulations shall be
furnished to Owners prior to the time that they become effective.
3.32 Standards of the Project. The term "standards of the Project" shall mean the level of
quality of the Project, as originally constructed.
3.33 Successor Declarant. Any person or entity to whom Declarant assigns any or all of its
rights, obligations or interest as Declarant, as evidenced by an assignment or deed of recorded
executed by both Declarant and the transferee or assignee and recorded with the Clerk, and
Recorder.
3.34 Supplemental Declaration. An instrument that amends this Declaration.
3.35 Supplemental Map. A Supplemental Map of the Project that depicts any change in the
Project through a Supplemental Declaration.
3.36 Unit. A physical portion of a building on a Building Site that is designated for separate
ownership or occupancy. According to the original Map for Traders Junction Condominiums,
there are eleven Units in Phase I, contained within Building D, with additional units planned for
Building Site A and Building Site B.
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3.37 Undefined Terms. Each term not otherwise defined in this Declaration, including the
Plat, shall have the same meaning specified or used in the Act.
ARTICLE 4 — NAME, UNITS AND ALLOCATION OF INTERESTS.
4.1 Name. The name of the Project is Traders Junction Condominiums. The Project is a
Condominium pursuant to the Act.
4.2 Existing Property. The real property that is and shall be held, transferred, sold conveyed
and occupied subject to this Declaration is located in the Town of Milliken, Weld County,
Colorado, and is more particularly described in Exhibit A.
4.3 Number of Units. The maximum number of Units that may be created in the Project is
thirty.
4.4 Identification of Units. The identification number of each Unit is shown on the Map as
the same may be amended from time to time.
4.5 Description of Units:
4.5. I Each Unit and the appurtenant interest in the Common Elements and the
appurtenant use of Limited Common Elements, shall comprise one Unit, shall be
inseparable and may be transferred, leased, devised or encumbered only as a Unit.
4.5.2 Any instrument affecting a Unit may describe its (unit letter) Traders Junction
Condominiums, Town of Milliken, Weld County, Colorado, according to the Map thereof
recorded on at Reception No. , and the Declaration recorded on
at Reception No. , in the records of the Clerk and Recorder of Weld County,
Colorado, as amended from time to time (with the appropriate information inserted in
place of the blanks set forth above).
4.5.3 An Owner of an undeveloped Building Site shall have the right to develop such
Site in accordance with the zoning and development regulations of the Town of Milliken,
and upon the completion of construction shall have the right to allocate membership and
voting rights among the Units created.
4.6 Allocation of Interests and Formulas for the Allocation of Interest. Interest in the
Common Elements and Common Expenses of the Association and the portion of votes in the
Association are allocated as set forth on Exhibit B. The formula that was used to establish the
allocated interest are as follows:
4.6.1 Interest in Common Elements. The undivided ownership interest in the Common
Elements is determined by the percentage equivalent to a fraction, the numerator of
which is the main floor square footage area of a Unit and the denominator of which is the
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total number of main floor square feet in all Units subject to this Declaration, rounded to
the nearest tenth of a foot. Building Sites which do not have buildings ready for
occupancy shall be allocated interests based upon the main floor square footage initially
allocated in Exhibit B.
4.6.2 Liability For Common Expenses. All Common Expenses shall he assessed against
Units on the basis of the same formula used to determine the interest in the Common
Elements.
4.6.3 Initial Allocation; Re -Allocation. This Declaration sets forth the initial allocation
of interests in the Common Elements and Common Expenses. As additional buildings
are created on the other Building Sites, the interests shall be equitably re -allocated by
Declarant among the existing Units and the newly -created Units, and shall be set forth in
Supplemental Declarations.
ARTICLE 5 - MEMBERSHIP AND VOTING RIGHTS; ASSOCIATION OPERATIONS
5.1 The Association. The name of the Association is Traders Junction Condominiums
Owners Association. Declarant has caused the Association to be incorporated as a nonprofit
corporation under the laws of the State of Colorado. Every Owner shall be a Member of the
Association. Membership shall be appurtenant to and may not be separated from ownership of a
Building Site or Unit. The rights and privileges of membership for each Building Site shall be
shared by all Units within the Building Site and shall be allocated based upon the square footage
of each Unit, and set forth in this Declaration and Supplemental Declarations.
5.2 Transfer of Membership. An Owner shall not transfer, pledge or alienate his membership
in the Association in any way, except upon the sale or encumbrance of the Building Site or Units
within the Building Site and then only to the purchaser or Mortgagee of the Unit or Building
Site. The Association shall not create a right of first refusal on any Unit or Building Site and
Owners may transfer ownership free from any such right.
5.3 Membership. The Association shall have one (1) class of membership consisting of all
Owners of Units and Building Sites, including Declarant so long as Declarant continues to own
an interest in any Unit or Building Site. Each Owner is subject to all the rights and duties
assigned to Owners under the Association Documents.
5.4 Voting. Except as otherwise provided for in this Declaration, each Member shall be
entitled to vote in Association matters as set forth in this Declaration, the Articles of
Incorporation and Bylaws. Voting rights of Members are weighted to correspond to the size of
the Member's ownership. Voting shall be allocated as set forth on Exhibit B, as may be
amended from time to time.
5.5 Declarant Control. Declarant shall be entitled to appoint and remove the members of the
Association's Executive Board and officers of the Association to the fullest extent permitted
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under the Act. Declarant may voluntarily relinquish such power by recording a notice executed
by Declarant with the Clerk and Recorder but, in such event, Declarant may at its option require
that specified actions of the Association or the Executive Board as described in the recorded
notice, during the period Declarant would otherwise be entitled to appoint and remove directors
and officer, be approved by Declarant before they become effective.
5.6 Books and Records. The Association shall maintain and shall make reasonably available
for inspection, upon request, to Owners and their authorized agents, current copies of the
Association documents and the books, records and financial statements of the Association, and
any other documents as list in C.R.S. 38-33.3-317. The Association shall be subject to the
privacy provision of C.R.S. 38-33.3-317. The term "reasonably available" shall mean available
during normal business hours, upon notice of five business days. or at the next regularly
scheduled meeting if such meeting occurs within thirty days after the request, to the extent that
(i) the request is made in good faith and for a proper purpose, (ii) the request describes with
reasonable particularity the records sought and the purpose of the request, and (iii) the records
are relevant to the purpose of the request [C.R.S.38-33.3-31(4)]. The Association may charge a
reasonable fee for copying such materials. If the documents requested are on the Association's
website, they shall be considered reasonably available. The Association shall not be required to
provide written copies of any documents contained on the Associations' website
5.7 Manager. The Association may employ or contract for the services of a Manager to
whom the Executive Board may delegate certain powers, functions or duties of the Association,
as provided in the Bylaws of the Association. The Manager shall not have the authority to make
expenditures except as authorized in writing by the Executive Board.
5.8 Cooperation with Other Associations. The Association shall have the right and authority
at any time from time to time, to enter into agreements and otherwise cooperate with other
owners' association(s) and/or any district(s), to share the costs and/or responsibility for any
maintenance, repair, replacement or other matters, to perform maintenance, repair or replacement
for any person(s) in consideration of payment or reimbursement therefore, to utilize the same
contractors, subcontractors, managers or others who may perform services for the Association,
any other owner association(s) and/or any district(s), or to otherwise cooperate with any other
owner association(s) and/or district(s) in order to increase consistency or coordination, reduce
costs, or as may otherwise be deemed appropriate or beneficial by the Executive Board in its
discretion from time to time. The costs and expenses for all such matters, if any shall be shared
or apportioned between the Association and/or any other owners' association(s) and/or any
district(s), as the Executive Board may determine in its discretion form time to time.
Additionally, the Association shall have the right and authority at any time, from time to time, to
enter into agreements and otherwise cooperate with any other owners' association(s) and/or
districts) to collect assessments, other charges or other amounts which may be due to such entity
and to permit any such entity to collect assessments, other charges or other amounts which
maybe due to the Association; in any such instance, the Association shall provide for remittance
to such entity of any amounts collected by the Association or to the Association of any amounts
collected by such entity.
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5.9 Rights of Action. The Association on behalf of itself and any aggrieved Unit Owner shall
be granted a right of action against any and all Unit Owners for failure to comply with the
provisions of the Association Documents, or with decisions of the Executive Board made
pursuant to authority granted to the Association in the Association Documents. In any action
covered by this Section, the Association or any Unit Owner shall have the right but not the
obligation to enforce the Association Documents by any proceeding at law or in equity, or as set
forth in the Association Documents, or by mediation or binding arbitration if the parties so agree.
The prevailing party in any arbitration or judicial action shall be entitled to reimbursement from
the non -prevailing party or parties, for all reasonable costs and expenses, including attorney's
fees in connection with such arbitration or judicial relief. Failure by the Association or by any
Owner to enforce compliance with any provision of the Association Documents shall not be
deemed a waiver of the right to enforce any provision thereafter..
5.10 Implied Rights and Obligations. The Association may exercise any right or privilege
expressly granted to the Association in the Association Documents by the Act and by the
Colorado Revised Nonprofit Corporation Act.
ARTICLE 6 — POWERS OF THE EXECUTIVE BOARD OF THE ASSOCIATION
Except as provided in the Bylaws and the Act, the Executive Board may act in all
instances on behalf of the Association, to:
6.1 Adopt and amend bylaws and rules and regulations;
6.2 Adopt and amend budgets for revenues, expenditures and reserves and collect
Assessments;
6.3 Hire and terminate managing agents and other employees, agents and independent
contractors;
6.4 Institute, defend or intervene in litigation or administrative proceedings in its own name
on behalf of itself or two or more Unit Owners on matters affecting the Project;
6.5 Make contracts and incur liabilities;
6.6 Regulate the use, maintenance, repair, replacement and modification of Common
Elements;
6.7 Cause additional improvements to be made as part of the Common Elements.
6.8 Acquire, hold, encumber and convey in the name of the Association any right, title or
interest to real or personal property. except that Common Elements may be conveyed or
subjected to a security interest only if Members entitled to cast at least eighty percent (80%) of
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the votes agree to that action and if all Owners of Units to which any Limited Common Element
is allocated agree in order to convey that Limited Common Element or subject it to a security
interest;
6.9 Grant easements, leases, licenses and concessions through or over the Common
Elements;
6.10 Annex additional property, pursuant to the terms of this Declaration.
6.11 Impose and receive any payments, fees or charges for the use, rental or operation of the
Common Elements.
6.12 Impose charges for late payment of Assessments, recover reasonable attorney fees and
other legal costs for collection of Assessments and other actions to enforce the power of the
Association, regardless of whether or not suit was initiated, and after notice and opportunity to
be heard, levy reasonable fines for violations of the Association Documents;
6.13 Impose reasonable charges for the preparation and recordation of amendments to the
Declaration or statements of unpaid Assessments;
6.14 Provide for the indemnification of its officers and Executive Board and maintain
directors' and officers' liability insurance;
6.15 Assign its right to future income, including the right to receive Assessments;
6.16 Exercise any other powers conferred by the Declaration or Association Bylaws;
6.17 Delegate powers to a Master Association as provided in C.R.S §38-33.3-220. If powers
are delegated to a Master Association, the executive board of the Master Association must be
elected pursuant to C.R.S. §38-33.3-220
6.18 Exercise all other powers that may be exercised in this state by legal entities of the same
type as the Association; and
6.19 Exercise any other powers necessary and proper for the governance and operation of the
Association.
ARTICLE 7 — MECHANIC'S LIENS
7.1 i/o Liability. If any Unit owner shall cause any material to be furnished to his Unit or any
labor to be performed therein or thereon, no owner of any other Unit shall under any
circumstances be liable for the payment of any expense incurred or for the values of any work
done or material furnished. All such work shall be at the expense of the owner causing it to be
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done and such owner shall be solely responsible to contractors, laborers, material men and other
persons furnishing labor or materials to his Unit.
7.2 Indemnification. If, because of any act or omission of any Unit owner, any mechanic's or
other hen or order for the payment of money shall be filed against the Common Elements or
against any other Unit or property of the Association (whether or not such lien or order is valid
or enforceable as such), the Unit owner whose act or omission forms the basis for such lien or
order shall at his own cost and expense cause the same to be canceled and discharged of record
or bonded by a surety company reasonably acceptable to the Association, or to such other owner
or owners, within twenty (20) days after the date of filing thereof, and further shall indemnify
and save all the other owners and the Association harmless from and against any and all costs,
expenses, claims, losses or damages, including, without limitation, reasonable attorneys' fees
resulting therefrom.
7.3 Association Action. Labor performed or materials furnished for the Common Elements,
if duly authorized by the Association in accordance with this Declaration or its Bylaws, shall be
the basis for the filing of a lien pursuant to law against the Common Elements. Any such lien
shall be limited to the Common Elements.
ARTICLE 8 — EASEMENTS
8.1 Recorded Easements. The Property shall be subject to all easements as shown on any
Map, those of record, those provided in the Act (including easements for encroachment set forth
in Section 214 of the Act and an easement for maintenance of any such encroachment), those
authorized by the Traders Junction Declaration, and as otherwise as set forth in this Article.
8.2 Declarant 's Rights Incident to Construction. Declarant, for itself and its successors and
assigns, hereby reserves an easement for construction, utilities, drainage, ingress and egress over,
in, upon, under and across the Common Elements, together with the right to store materials on
the Common Elements, to build and maintain temporary walls, and to make such other use of the
Common Elements as may be reasonably necessary or incident to any construction of the Units
or improvements on the Property, upon Phase 2, or upon other real property owned by Declarant,
or other properties abutting and contiguous to the Property; provided, however, that no such
rights shall be exercised by Declarant in a way that unreasonably interferes with the occupancy,
use, enjoyment or access to the Project by the Owners.
8.3 Utility Easements. There is hereby created a blanket easement upon, across, over, in and
under the Property for the benefit of the Common Elements, the Building Sites and the Units and
the structures and improvements situated on the Property for ingress and egress, installation,
replacing, repairing and maintaining all utilities, including, but not limited to, water, sewer, gas,
telephone, cable TV and electricity. Said blanket easement includes future utility services not
presently available to the Units that may reasonably be provided in the future. By virtue of this
easement, it shall be expressly permissible for the companies providing utilities to erect and
maintain the necessary equipment on any of the Units and to affix and maintain electrical and/or
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telephone wires, circuits and conduits on, above, across and under the roofs and exterior walls of
the improvements, all in a manner customary for such companies in the area surrounding the
Property, subject to approval by the Association as to locations and screening.
8.4 Reservation of Easements, Exceptions and Exclusions. The Association is hereby granted
the right to establish from time to time, by declaration or otherwise, utility and other easements,
permits or licenses over the Common Elements for the best interests of all the Owners and the
Association. Each Owner and Unit owner is hereby granted a perpetual non-exclusive right of
ingress to and egress from the Owner's Unit over and across the Common Elements and Limited
Common Elements appurtenant to that Owner's Unit, which right shall be appurtenant to the
Owner's Unit, and which right shall be subject to limited and reasonable restrictions on the use
of Common Elements set forth in writing by the Association, such as for guest parking, storage
and closure for snow storage, repairs and maintenance.
8.5 Emergency Access Easement. An easement is hereby granted to all police, sheriff, fire
protection, ambulance and other similar emergency agencies or persons to enter upon the
Property in the proper performance of their duties.
8.6 Support Easement. Each Unit is subject to a blanket easement for support and a blanket
easement for the maintenance of structures or improvements presently situated or to be built in
the future on the property.
ARTICLE 9 -MAINTENANCE
9.1 Maintenance by Owners. Except for maintenance obligations specifically allocated to the
Association, it shall be the duty and obligation of each Unit Owner, at such Unit Owner's
expense, to maintain, repair or replace all portions of such Owner's Unit in accordance with the
Standards of the Project. Except for painting the exterior surface of doors and window units,
each Owner shall, at such Owner's expense, be responsible for all maintenance, replacement,
repair, and routine care of Limited Common Elements appurtenant to such Owner's Unit. If any
such Limited Common Element is appurtenant to two (2) or more Units, the responsibility of the
Owners of those Units shall be joint and several.
9.2 Owner's Failure to Maintain or Repair. In the event that a Unit (including the allocated
Limited Common Element) is not maintained and repaired in accordance with the standards of
the Project, or in the event that the Unit is damaged or destroyed and the Owner does not take
reasonable measures to diligently pursue the repair and reconstruction of the damaged or
destroyed Unit, then the Association, after notice to the Owner and with the approval of the
Executive Board, shall have the right to enter upon the Unit to perform such work as is
reasonably required to restore the Unit to a condition of good order and repair. All costs incurred
by the Association in connection with the restoration shall be reimbursed to the Association by
the Owner of the Unit, upon demand. All unreimbursed costs shall be a lien upon the Unit until
reimbursement is made. The lien may be enforced in the same manner as a lien for an unpaid
Assessment levied in accordance with this Declaration.
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9.3 Maintenance by Association. The Association shall maintain, repair and replace all the
Common Elements, except the portion of the Common Elements (including the Limited
Common Elements) that are required by this Declaration or the Act to be maintained, repaired or
replaced by the Unit Owners. The need for and time of, as well the nature and type of any
painting, refinishing or re -roofing, including the color thereof, shall be within the sole discretion
of the Association. The Association shall provide that all interior and exterior surfaces are
adequately painted, finished and maintained so as to present, at all times, a pleasing and
attractive appearance. If any eaves, canopies, brick columns, stairs, foundations, or other portions
of the Common Elements of Traders Junction Condominiums encroach onto the Common
Elements of the Traders Junction development, the Traders Junction Association shall be liable
for the maintenance, repair and replacement of said Common Elements, but may allocate the cost
thereof to the Unit(s) or Building Site(s) benefited.
9.4 Association Maintenance as Common Expense. The cost of maintenance and repair by
the Association shall be a Common Expense of all Owners, to be shared by each Unit Owner
according to the Allocated Interests for each Unit. Damage to the interior or any part of a Unit
resulting from the maintenance, repair or replacement of any of the Common Elements shall also
be a Common Expense of all of the Owners. Notwithstanding the foregoing, Common Expenses
benefiting fewer than all the Units may, in the discretion of the Executive Board, be assessed
exclusively against those Units benefitted.
9.5 Easement for Maintenance. Each Owner and the Association shall have the irrevocable
right, to be exercised by the Manager, the Executive Board or officers or employees of the
Association, to have access to each Unit from time to time during reasonable hours as may be
necessary for the maintenance, repair or replacement of any of the Common Elements therein or
accessible there from, or at any hour for making emergency repairs, maintenance or inspection
necessary to prevent damage to the Common Elements or another Unit. In the event insurance
proceeds are payable to an Owner but the maintenance responsibility of the improvement to
which such proceeds relate is the Association's, the Association shall complete any such repair
or replacement at the Owner's cost.
9.6 Association's Right to Grant Owner's Maintenance Area. The Association reserves the
right to grant the maintenance responsibility to the Unit Owner of certain areas of each Unit or
Common Elements, and the Unit. Owner is obligated to accept said maintenance responsibility,
provided said assignment is done in uniform and nondiscriminatory manner. The Association
may also enter into an agreement with an Owner whereby the Owner accepts the maintenance
responsibility for certain areas on or adjacent to the Owner's Unit. Said agreement may be
terminated at any time by the Association.
9.7 Limited Common Element Damage. In the event of damage or destruction of a Limited
Common Element from any cause other than the negligence or tortious acts of an Owner or
Owner's Agent, the then Owners of the Units to which the Limited Common Element is
attributable shall bear equally the expense to repair or rebuild the Limited Common Element to
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its previous condition. The Owner shall bear the cost of such damage to the extent of such
Owner's or Owner's Agent's negligence.
9.8 Water anti Sewer Service. The following provision shall apply to water and sanitary
sewer service provided by the Town of Milliken:
9.8.1 The water and sewer bill for all of the Units shall be paid by the Association and
unless and until the Units are separately metered shall be a Common Expense allocated to
the Units according to the allocated interests for each Unit.
9.8.2 The costs associated with water and sewer services shall be part of the Annual
Assessments but, may in addition, be the subject of Special Assessments, if necessary.
9.8.3 The Association may create a reserve fund to pay the water and sewer bills in a
reasonable amount, as determined by the Association.
9.8.4 The Association may require Owners to install flow meters or individual water
and sewer taps and water meters at the Owner's expense.
9.8.5 NOTICE IS HEREBY GIVEN that water and sanitary sewer utility services to each Unit
within Phase 1 --Building D is provided through a single master tap on the Town utility. Failure
of the Association to pay the entire bill to the Town for utility service through such tap and lines
will result in service being discontinued to all individual Units serviced by such tap and lines and
the enforcement of the lien provided for by the ordinances of the Town of Milliken against all
such individual Units. Dissolution of the Association will make mandatory the installation, at
each Unit Owner's expense, of individual water, sewer taps, and any other equipment required
by the Town to each Unit within the building.
ARTICLE 10- INSURANCE
10.1 General Insurance Provisions. The Association shall acquire and pay for, out of the
Assessments levied in accordance with this Declaration, any insurance policies required by the
Act and such other Insurance as the Executive Board may, within its discretion, determine
desirable for the protection of the Common Elements. if any. Such insurance required by this
Article or the Act shall conform to the requirements set for in C.R.S.§ 38 -33.3 -313(4)(a) -(d)
which are as follows:
10.1.1 Each Unit Owner is an insured person under the policy with respect to liability
arising out of such Unit Owner's interest in the Common Elements or membership in the
Association.
10.1.2 The insurer waives its rights to subrogation under the policy against any Unit
Owner or member of his household.
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10.1.3 No act or omission by any Unit Owner, unless acting within the scope of such
Unit Owner's authority on behalf of the Association, will void the policy or be a
condition to recovery under the policy.
10.1.4 If, at the time of a loss under the policy, there is other insurance in the name of a
Unit Owner covering the same risk covered by the policy, the Association's policy
provides primary insurance.
10.2 Property and Commercial General Liability Insurance. Commencing not later than the
time of the first conveyance of a Unit to a person other than a Declarant, the Association shall
maintain, to the extent reasonably available:
10.2.1 Property Insurance. Property insurance on the Common Elements and also on
property that must become Common Elements for broad form covered causes of loss,
except that the total amount of insurance must be not less than the full insurable
replacement cost of the insured property less applicable deductibles at the time the
insurance is purchased and at each renewal date, exclusive of land, excavations,
foundations, and other items normally excluded from property policies. The insurance
must include the Units but not the finished interior surfaces of the walls, floors, and
ceilings of the Units. The insurance need not include improvements and betterments
installed by Unit Owner but if they are covered, any increased charge shall be assessed by
the Association to those Owners.
10.2.2 Commercial General Liability Insurance. Commercial general liability insurance
in an amount deemed sufficient in the judgment of the Executive Board against claims
and liabilities arising in connection with the ownership, existence, use or management of
the Common Elements, insuring the Executive Board, the Association, the management
agent, and their respective employees, agents, and all persons acting as agents. The
Declarant shall be included as an additional insured in such Declarant's capacity as a Unit
Owner and board member The Unit Owners shall be included as additional insureds but
only for claims and liabilities arising in connection with the ownership, existence, use or
management of the Common Elements. The insurance shall cover claims of one or more
insured parties against other insured parties.
10.3 Repair and Replacement. Any portion of the Common Elements for which insurance is
required under this Article which is damaged or destroyed must be repaired or replaced promptly
by the Association unless:
10.3.1 the common interest community is terminated in which case C.R.S §38-33.3-218
applies;
10.3.2 Repair or replacement would be illegal under any state or local statue or
ordinance governing health or safety;
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10.3.3 There is a vote not to rebuild by (a) eighty percent (80%) of the Owners entitle to
vote; and (b) every owner of a Unit or assigned Limited Common Element that will not
be rebuilt; or
10.3.4 Prior to the conveyance of any Unit to a person other than Declarant, the
Mortgagee holding a Mortgage on the damaged portion of the Common Elements
rightfully demands all or a substantial part of the insurance proceeds.
10.4 Repair Costs. The cost of repair or replacement of Common Elements in excess of
insurance proceeds and reserves is a Common Expense. If all the Common Elements are not
repaired or replaced, the insurance proceeds attributable to the damage Common Elements must
he used to restore the damaged area to a condition compatible with the remainder of the Project,
and except to the extent that other persons will be distributees, the insurance proceeds must be
distributed to all the Owners or Mortgagees, as their interests may appear in proportion to each
Unit's Conunon Expenses Allocated Interests.
10.5 Insurance Proceeds. Any loss covered by the property insurance policy must be adjusted
with the Association, but the insurance proceeds for that loss shall be payable to the Association,
and not to any holder of a security interest. The Association shall hold any insurance proceeds in
trust for the Owners and Mortgagees as their interests may appear. Subject to the provisions set
forth above, the proceeds must be disbursed first for the repair or restoration of the damaged
property, and the Association, Owners and Mortgagees are not entitled to receive payment of any
portion of the proceeds unless there is a surplus of proceeds after the damaged property has been
completely repaired or restored or the common interest community created by this Declaration is
terminated.
10.6 Fidelity Insurance. Fidelity insurance or fidelity bonds may be maintained by the
Association to protect against dishonest acts on the part of its officers, directors, trustees,
independent contractors and employees and on the part of all others including any manager hired
by the Association, who handle or are responsible for handling the funds belonging to or
administered by the Association. In addition, if responsibility for handling funds is delegated to
a Manager, such insurance may be obtained by or for the Manager and it's officers, employees
and agents, as applicable. Such fidelity insurance or bond shall name the Association as insured
and shall contain waivers of all defenses based upon the exclusion of persons serving without
compensation from the definition of "employees" or similar terms or expressions. Such fidelity
bonds shall be a minimum of an amount equal to two (2) months Assessments plus reserves.
10.7 Workers' Compensation Insurance. The Executive Board shall obtain workers'
compensation or similar insurance with respect to its employees, if applicable, in the amounts
and forms as may now or hereafter be required by law.
10.8 Other Insurance. The Association may also maintain insurance to the extent reasonably
available and in such amounts as the Executive Board may deem appropriate on behalf of
Directors against any liability asserted against a Director or incurred by him in his capacity of or
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arising out of his status as a Director. The Executive Board may obtain insurance against such
other risks of a similar or dissimilar nature as it shall deem appropriate with respect to the
Association's responsibilities and duties or as requested by any Agency.
10.9 Common Expenses. Premiums for insurance that the Association acquires and other
expenses connected with acquiring such insurance are Common Expenses provided, however,
that if the Association's fire and extended coverage insurance covers fixtures, equipment or other
property within some but not all of the units (as required by any Agency including FNMA), the
Association reserve the right to charge the Owner of such Units for which the Association
provides additional insurance coverage, an amount equal to the premium attributable to such
additional insurance coverage.
10.10 Notice. If any insurance required by this Article is not reasonably available, or if any
policy of such insurance is canceled or not renewed without a replacement policy having been
obtained, the Association promptly shall cause notice of that fact to be hand delivered or sent
prepaid by United States mail to all Unit Owners.
10.11 Other. An insurance policy issued to the Association does not eliminate the need for
Owners to obtain insurance for their own benefit.
ARTICLE 11 - ASSESSMENTS
11.1 Accounting Year; Assessment Period. The Association shall operate
on a calendar or fiscal accounting year, as determined by the Executive Board, and the
Assessment Period shall be for the same period.
11.2 Commencement of Assessments. Each Unit, and each Building Site, shall be subject to
assessments. Declarant shall maintain all Common Elements and pay all Common Expenses
until the first installment of the first annual assessment shall be due. Thereafter, all Common
Elements and all Common Expenses shall become the sole responsibility of the Association.
Declarant shall determine the date on which the first such installment shall commence, but such
date shall be the first of the month.
11.3 Accounting Year; Assessment Period. The Association shall operate on a calendar or
fiscal accounting year, as determined by the Executive Board, and the Assessment Period shall
be for the same period.
11.4 Budget. Within ninety (90) days after the 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 Owners and shall set a date for a meeting of the
Owners to consider the budget. Such meeting shall occur within a reasonable time after mailing
or other delivery of the summary, or as allowed for in the Bylaws. The budget proposed by the
Executive Board does not require approval from the Owners and it will be deemed approved by
the Owners in the absence of a veto at the noticed meeting by a majority of all Owners, whether
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or not a quorum is present. In the event that the proposed budget is vetoed, the periodic budget
last proposed by the Executive Board and not vetoed by the Owners must be continued until a
subsequent budget proposed by the Executive Board is not vetoed by the Owners.
11.5 Annual Assessments. Annual Assessments made for Common Expenses shall be based
upon the estimated cash requirements as the Executive Board shall from time to time determine
to be paid by all of the Owners. Estimated Common Expenses shall include, but shall not be
limited to, the cost of routine maintenance and operation of the Common Elements, expenses of
management and insurance premiums for insurance coverage as deemed desirable or necessary
by the Association, landscaping of the Property, care of grounds within the Common Elements,
routine repairs, replacements and renovations within any of the Common Elements, wages,
common water and utility charges for the Common Elements, legal and accounting fees,
management fees, expenses and liabilities incurred by the Association under or by reason of this
Declaration, payment of any default remaining from a previous assessment period, and the
creation of a reasonable and adequate contingency or other reserve or surplus fund for insurance
deductibles and general, routine maintenance, repairs and replacement of improvements within
the Common Elements on a periodic basis, as needed.
11.6 Apportionment of Annual Assessments. Costs associated with less than all Building Sites,
such as property tax assessments allocated to particular Building Sites and insurance premiums
shall be allocated only to Unit owners within the affected Building Site(s). The Common
Expenses shall be allocated among the Building Sites and Units on the basis of the Allocated
Interests for Common Expenses in effect on the date of assessment, provided, however, that the
Association reserves the right to allocate all expenses related to fewer than all the Units (such as
those expenses attribute to Limited Common Elements and certain insurance premiums) to the
Owners of those affected Units only.
11.7 Special Assessments. In addition to the Annual Assessments, the Association may levy in
any fiscal year one or more Special Assessments, payable over such a period as the Association
may determine, for the purpose of defraying, in whole or in part, the cost of any construction or
reconstruction, repair or replacement of improvements within the Common Elements or for any
other expense incurred or to be incurred as provided in this Declaration. Any amounts assessed
pursuant to this Section shall be assessed to Owners according to their Allocated Interests for
Common Expenses, subject to the right of the Association to assess only against the Owners of
affected Units any extraordinary maintenance, repair or restoration work on fewer than all the
Units. Any extraordinary insurance costs incurred as a result of the value of a particular Owner's
Unit or the actions a particular Owner (or his agents, servants, guests, tenants or invitees) shall
be assessed against that Unit. Notice in writing of the amount of such Special Assessments and
the time for payment of the Special Assessments shall be given promptly to the Owners, and no
payment shall be due less than ten (10) days after such notice shall have been given.
11.8 Default Assessments. All monetary fines assessed against an Owner pursuant to the
Association Documents, or any expense of the Association that is the obligation of an Owner or
which is incurred by the Association on behalf of the Owner pursuant to the Association
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Documents, shall be a Default Assessment and shall become a lien against such Owner's Unit
that may be foreclosed or otherwise collected as provided in this Declaration. Notice of the
amount and due date of such Default Assessment shall be sent to the Owner subject to such
Assessment at least ten (10) days prior to the due date.
11.9 Effect ofNonpayment; Assessment Lien. Any Assessment installment, whether pertaining
to any Annual, Special or Default Assessment, which is not paid on or before its due date shall
be delinquent. If an Assessment installment becomes delinquent, the Association, at its sole
discretion, may take any or all of the following actions:
11.9.1 Assess a late charge for each delinquency in such amount as the Association
deems appropriate;
11.9.2 Assess an interest charge from the due date at the yearly rate of eighteen percent
(I 8%),or such other lawful rate as the Executive Board may establish;
11.9.3 Suspend the voting rights of the Owner during any period of delinquency;
11.9.4 Suspend the rights of the Owner, and the Owner's family, guests, lessees and
invitees, to use Common Element facilities during any period of delinquency
11.9.5 Accelerate all remaining Assessment installments so that unpaid Assessments for
the remainder of the fiscal year shall be due and payable at once;
11.9.6 Bring an action at law against any Owner personally obligated to pay the
delinquent Assessments; and
1 1.9.7 Proceed with foreclosure as set forth in more detail below.
11.9.8 Assessments chargeable to any Unit shall constitute a lien on such Unit. The
Association may institute foreclosure proceedings against the defaulting Owner's Unit in
the manner for foreclosing a mortgage on real property under the laws of the State of
Colorado. In the event of any such foreclosure, the Owner shall be liable for the amount.
of unpaid Assessments, any penalties and interest thereon, the cost and expenses of such
proceedings, the cost and expenses for filing the notice of the claim and lien, and all
reasonable attorney's fees incurred in connection with the enforcement of the lien. The
Association shall have the power to bid on a Unit at foreclosure sale and to acquire and
hold, lease, mortgage and convey the same. Liens for assessments and their priority shall
be as provided in C.R.S §38-33.3-316.
11.10 Personal Obligation. Each Assessment against a Unit is the personal obligation of the
person who owned the Unit at the time the Assessment became due. An Owner shall be liable
for the unpaid assessments, penalties and interest thereon and all costs of collection, including
reasonable attorneys' fees. No Owner may exempt himself from liability for the Assessment by
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abandonment of his Unit or by waiver of the use or enjoyment of all or any part of the Common
elements. Suit to recover a money judgment for unpaid Assessments, any penalties and interest
thereon, the cost and expenses of such proceedings, and all reasonable attorney's fees in
connection therewith shall be maintainable without foreclosing or waiving the Assessment lien
provided in this Declaration.
11.11 Payment by Mortgagee. Any Mortgagee holding a lien on a Unit may pay any unpaid
Assessment payable with respect to such Unit, together with any and all costs and expenses
incurred with respect to the lien, and upon such payment that Mortgagee shall have a lien on the
Unit for the amounts paid with the same priority as the lien of the Mortgage.
11.12 Statement of Status of Assessment Payment. Upon payment of a reasonable fee set from
time to time by the Executive Board and upon fourteen (14) days written request to the
Association's registered agent by personal delivery or certified mail, first-class postage prepaid,
return receipt, any Owner, designee of Owner, Mortgagee, prospective Mortgagee or prospective
purchaser of a Unit shall be furnished with a written statement setting forth the amount of the
unpaid Assessments, if any, with respect to such Unit. Unless such statement shall be issued by
personal delivery or by certified mail, first class postage prepaid, return receipt requests, to the
inquiring party (in which event the date of posting shall be deemed the date of delivery) within
fourteen (14) days after the receipt of the request, the Association shall have no right to assert a
lien up the Unit over the inquiring party's interest for unpaid Assessments which were due as of
the date of the request.
11.13 Maintenance of Accounts; Accounting. If the Association delegates powers of the
Executive Board or its officers relating to collection, deposit, transfer or disbursement of
Association funds to other persons or to a manager, then such other persons or manager must (a)
maintain all funds and accounts of the Association separate from the funds and accounts of other
associations manager by the other person or manager, (b) maintain all reserve and working
capital accounts of the Association separate from the operational accounts of the Association,
and (c) provide to the Association an annual account and financial statement of Association
funds prepared by the manager, a public accountant or certified public accountant.
ARTICLE 12 — DAMAGE OR DESTRUCTION
12.1 The Role of the Executive Board. Except as otherwise provided in this Declaration, in the
event of damage to or destruction of all or part of any Common Elements improvement or other
property covered by insurance written in the name of the Association, the Executive Board shall
arrange for and supervise the prompt repair and restoration of the damaged property (the
property insured by the Association is sometimes referred to as the "Association Insured
Property").
12.2 Estimate of Damages or Destruction. As soon as practicable after an event causing
damage to or destruction of any part of the Association -Insured Property, the Executive Board
shall, unless such damage or destruction shall be minor, obtain an estimate or estimates that it
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deems reliable and complete of the costs of repair and reconstruction. "Repair and
reconstruction" as used in this Article shall mean restoring the damaged or destroyed
improvements to substantially the same condition in which they existed prior to the damage or
destruction. Such costs may also include professional fees and premiums for such bonds as the
Executive Board determines to be necessary.
12.3 Repair and Reconstruction. As soon as practical after the damage occurs and any
required estimates have been obtained, the Association shall diligently pursue to completion the
repair and reconstruction of the damaged or destroyed Association -Insured Property. As
attorney -in -fact for the Owners, the Association may take any and all necessary or appropriate
action to effect repair and reconstruction of any damage to the Association -Insured Property, and
no consent or other action by any Owner shall be necessary. Assessments of the Association
shall not be abated during the period of insurance adjustments and repair and reconstruction.
12.4 Funds for Repair and Reconstruction. The proceeds received by the Association from
any hazard insurance carried by the Association shall be used for the purpose of repair,
replacement and reconstruction of the Association -Insured Property for the benefit of Owners
and Mortgagees. If the proceeds of the Association's insurance are insufficient to pay the
estimated or actual cost of such repair, replacement or reconstruction, or if upon completion of
such work the insurance proceeds for the payment of such work are insufficient, the Association
may, if permitted under the act, levy, assess and collect in advance from the Owners, without the
necessity of a special vote of the Owners, a Special Assessment sufficient to provide funds to
pay such estimated or actual costs of repair and reconstruction. Further levies may be made in
like manner if the amounts collected prove insufficient to complete the repair, replacement or
reconstruction.
12.5 Disbursement of Funds fin, Repair and Reconstruction. The insurance proceeds held by
the Association and the amounts received from the Special Assessments provided for above,
constitute a fund for the payment of the costs of repair and reconstruction after casualty. It shall
be deemed that the first money disbursed in payment for the costs of repair and reconstruction
shall be make from insurance proceeds, and the balance from the Special Assessments. If there is
a balance remaining after payment of all costs of such repair and reconstruction, such balance
shall be distributed to the Owners in proportion to the contributions each Owner made as Special
Assessments, then in proportion to the relative value of each Unit which shall be based on the
square footage of the Unit and in accordance with the Units' Percentage Share of Common
Expenses, first to the Mortgagees and then to the Owners, as their interest appear.
ARTICLE 13 — CONDEMNATION
13.1 Rights of Owners. Whenever all or any part of the Common Elements shall be taken by
any authority having power of condemnation or eminent domain or whenever all or any part of
the Common elements is conveyed in lieu of taking under threat of condemnation by the
Executive Board acting as attorney -in -fact for all Owners under instructions from any authority
having the power of condemnation or eminent domain, each Owner shall be entitled to notice of
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the taking or conveying. The Association shall act as attorney -in -fact for all Owners in the
proceedings incident to the condemnation proceeding, unless otherwise prohibited by law.
13.2 Partial Condemnation; distribution of Award, Reconstruction. The award made for such
taking shall be payable to the Association for the benefit of the Owners and Mortgagees and,
unless otherwise required under the Act, the award shall be disbursed as follows:
13.2.1 If the taking involves a portion of the Common elements on which improvements
have been constructed, then, unless within sixty (60) days after such taking Declarant and
Owners who represent at least sixty seven percent (67%) of the votes of all of the Owners
shall otherwise agree, the Association shall restore or replace such improvements so
taken on the remaining land included in the Common Elements to the extent lands are
available for such restoration or replacement in accordance with plans approved by the
Executive Board. If such improvements are to be repaired or restored, the provisions
above regarding the disbursement of funds shall apply. If the taking does not involved
any improvements on the Common Elements, or if there is a decision make not to repair
or restore, or if there are net funds remaining after any such restoration or replacement is
completed, then such award or net funds shall be distributed among the Units pro rata
based upon the square footage of the Units, first o the Mortgagees and then to the
Owners, as their interest appear.
13.3 Complete Condemnation. If all of the Property is taken, condemned, sold or otherwise
disposed of in lieu of or in avoidance of condemnation, then the common interest community
created by this Declaration shall terminate, and the portion of the condemnation award
attributable to the common Elements shall be distributed as provided above regarding
disbursement of funds for partial condemnation.
ARTICLE 14 - ASSOCIATION AS ATTORNEY -IN -FACT
14.1 Each Owner hereby irrevocably appoints the Association as the Owner's true and lawful
attorney -in -fact for the purposes of purchasing and maintaining insurance, including the
collection and appropriate disposition of the proceeds thereof, the negotiation and settlement of
losses and execution of releases of liability, the execution of all documents, and the performance
of all other acts necessary to purchase and maintain insurance as well as dealing with any
improvements covered by insurance written in the name of the Association upon their damage,
destruction, or taking. Acceptance by a grantee of a deed or other instrument of conveyance or
any other instrument conveying any portion of the Property shall constitute appointment of the
Associations the grantee's attorney -in -fact. The Association shall have full authorization, right
and power to make, execute and deliver any contract, assignment, deed, waiver or other
instrument with respect to the interest of any Owner that may be necessary to exercise the
powers granted to the Association as attorney -in -fact.
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ARTICLE 15 — RESERVED DEVELOPMENT AND SPECIAL DECLARANT RIGHTS
15.1 General Provisions. Declarant shall have the following Rights ("Special Declarant
Rights") with respect to all of the Property:
15.1.1 Reservation of Development Rights. Declarant reserves the right to file
Supplemental Declarations and Maps to account for the further development of Building
Site A and Building Site B, which may be developed in any order, as Declarant
determines is suitable for Declarant's purposes. Declarant does not make any
representation concerning whether or when such sites may develop. In addition,
Declarant reserves the right to exercise all "Development Rights" as defined from time to
time in the Act including, without limitation, the right or combination of rights hereby
reserved by Declarant, as follows:
15.1.1.1 The right to create Units, Common Elements or Limited Common
elements within the common interest community;
15.1.1.2 The right to subdivide Units or convert Units into Common
elements; or
15.1.2 Phasing of Development Rights. No assurances are made by Declarant as to
whether Declarant will exercise its Development Rights or the order in which such
Development Rights will be exercised. The exercise of Development Rights as to some
portions of the property will not obligate Declarant to exercise them as to other portions.
15.1.3 Special Declarant Rights. Declarant reserves the following Special Declarant
Rights as defined from time to time in the Act including, without limitation, the following
rights and combinations of rights, which may be exercised from time to time as Declarant
determines is suitable for Declarant's purposes:
15.1.3.1 To complete any improvements indicated on the Map;
15.1.3.2 To exercise any development right including the right to approve,
as a term of sale of a Unit, exterior signage for such unit.
15.1.3.3 To maintain sales offices, management offices, and signs
advertising the common interest community.
15.1.3.4 To create Units within Building Site A, and to amend the Map, this
Declaration, and the allocation of voting rights set forth in Exhibit B, to reflect the
development and/or redevelopment of Building Site A.
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15.1.3.5 To create Units within Building Site B, and to amend the Map, this
Declaration, and the allocation of voting rights set forth in Exhibit B, to reflect the
development and/or redevelopment of Building Site B.
15.1.3.6 To use easements through the Common Elements and Units for the
purpose of making Improvements within the common interest community of
within property that may be added to the common interest community.
15.1.3.7 To make the common interest community subject to a master
association:
15.1.3.8 To merge or consolidate a common interest community of the
same form of ownership; and
15.1.3.9 To appoint or remove any officer of the Association or any
Executive Board member during any period of Declarant control.
15.1.4 Sales Offices and Management Office. Declarant, its duly authorized agents,
representative and employees may maintain any Unit owned by Declarant as a sales
office or management office and may post and maintain signs and displays in order to
promote sales of Units. Declarant may assign the rights reserved hereunder to any
individuals or entities including, but not limited to, contractors, builders and real estate
agents for such period of time and under such conditions as determined by Declarant.
15.1.5 Construction: Declarant 's Easement. Declarant reserves the right to perform
warranty work, repairs and construction in Units and Common Elements, to store
materials in secure areas. and to control and have the right of access to work and make
repairs until completion. All work may be performed by Declarant without the consent
or approval of the Executive Board. Declarant has an easement through the Common
Elements as may be reasonably necessary for the purpose of discharging Declarant's
obligations or exercising Special Declarant Rights, whether arising under the Act or
reserved in this Declaration. This easement includes the right to convey access, utility
and drainage easements to a governmental entity.
15.1.6 Declarant's Property. Declarant reserves the right to remove and retain all its
property used in the sales, management, construction and maintenance of the property,
whether or not they have become fixtures.
15.1.7 Limitations on Special Declarant Rights. Unless terminated earlier by a document
executed by Declarant and recorded in the real estate records of Weld County, Colorado,
and Reserved Development Rights and Special Declarant Rights may be exercised by
Declarant as long as Declarant or a successor declarant continues to be an owner of a
Unit or, if earlier, twenty (20) years from recording this Declaration with the Clerk and
Recorder.
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15.1.8 Interference With Special Declarant Rights. While the Declarant is entitled to
exercise its Special Declarant Rights, neither the Association nor any Unit Owner may
take any action or adopt any rule that will interfere with or diminish any Special
Declarant Right without the prior written consent of Declarant.
15.1.9 Rights Transferable. Any Special Declarant rights or other Declarant rights
created or reserved under this Declaration maybe transferred by an instrument
evidencing the transfer recorded in Weld County, Colorado. Such instrument shall be
executed by the transferor and the transferee.
ARTICLE 16 — USE OF UNITS, RESTRICTIONS
16.1 Association Power. The Association shall have the right and power to prohibit any
activities deemed unsafe, unsightly, unreasonably noisy or otherwise offensive to the senses and
perceptible from another Unit or the Common Area by promulgating Rules and Regulations
which restrict or prohibit such activities.
16.2 Restrictions on Use. The use and enjoyment of each Unit shall be subject to the
restrictions set forth in this Declaration and the Traders Junction Declaration, as the same may be
amended from time to time. To the extent the restrictions set forth in this Declaration vary from
the restrictions set forth in the Traders Junction Declaration, the most restrictive restrictions shall
apply. All restrictions set forth in the Traders Junction Declaration are hereby incorporated by
reference and may be enforced by the Traders Junction Condominiums Owners Association.
Wherever this Declaration requires the approval or consent of the Association or its Executive
Board, said approval or consent is in addition to and not in substitution of any approvals or
consents which may be required by the Traders Junction Declaration.
16.3 Nonresidential Use. All Units shall be used exclusively for nonresidential purposes.
16.4 Leasing. An Owner shall have the right to lease his or her Unit upon such terms and
conditions as the Owner may deem advisable; provided, however, that (i) no leases shall be make
for less than a thirty (30) day period; (ii) all leases shall be in writing and shall provide that the
leas is subject to the terms of this Declaration, Articles of Incorporation, Bylaws, and rules of the
Association; (iii) a Unit may be leased only for the uses provided hereinabove; and (iv) any
failure of a lessee to comply with the terms of this Declaration, Articles of Incorporation, Bylaws
or rules of the Association shall be a default under the lease enforceable by the Association as a
third -party beneficiary, whether or not the lease contains such a provision.
16.5 No Subdivision. No Unit shall be subdivided into more than one (1) Unit.
16.6 Miscellaneous Restrictions. The following activities and uses shall be prohibited within
the Project:
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16.6.1 Nothing shall be done or kept in any Unit or within the Common Elements or any
part thereof that would be a violation of any statute, rule ordinance, regulation, permit or
other validly imposed requirement of any governmental body.
16.6.2 No noxious, destructive, or offensive activity shall be carried on in any Unit or in
the Common Elements or any part thereof, nor shall anything be done within the Project
which may be or may become an annoyance or nuisance to any other Owner or to any
person at any time lawfully using the Project.
16.6.3 No animals of any type shall be kept on any part of the Project without the prior
written consent of the Executive Board. The Executive Board may, on a case -by -case
basis, establish conditions and restrictions for the keeping of an animal on any part of the
Project. Any permission granted pursuant to this section may be revoked by the
Executive Board.
16.6.4 No signs or advertising devices of any nature shall be erected or maintained on
any part of the Project without the prior written consent of the Executive Board, or of the
pursuant to §15.1.3.2. Each Unit shall be permitted to place at least one (1) sign of
reasonable size and dignified form to identify each business therein, in accordance with
the Town of Milliken sign regulations and the sign criteria established by the Executive
Board.
16.6.5 No Owner shall violate the Rules and Regulations adopted from time to time by
the Executive Board.
16.6.6 No annoying lights, sounds, or odors shall be permitted to emanate from any Unit.
16.6.7 No ashes, trash, rubbish, or other refuse shall be stored or deposited anywhere
within the Common Elements, except in areas designated by the Executive Board for
such purpose and in the manner required by the Executive Board. The Executive Board
may designate specific types of trash disposal containers to be used, in which case no
other type of container may be used. The Association may provide regular trash service;
and if such service is provided, no Unit shall have its own trash service.
16.6.8 Nothing shall be done in, on or to any portion of the Project that will impair the
structural integrity of the improvements located thereon.
16.6.9 Nothing shall be done or kept in any Unit or on any Common elements or any part
thereof that would result in the cancellation of insurance on the Project or any part
thereof, or increase the rate of insurance on the Project or any part thereof, over that
which the Association or the Owners, but such activity, would pay.
16.6.10 No structural alterations shall be made to any Unit by an Owner without the
written consent of the Executive Board.
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16.6.11 No wiring or installation of air conditioning or other machines shall be installed
on the exterior of a Unit or of the Building or be allowed to protrude through the walls,
windows or roof of a Unit or of the Building without the express written consent of the
Executive Board.
16.6.12 There shall be no obstruction of any of the Common Elements.
16.6.13 Except in designated storage areas, nothing shall be kept or stored on any part of
the Common Elements.
16.6.14 Nothing shall he altered on, constructed in, or removed from the Common
elements without the express written consent of the Executive Board.
16.6.15 No condition shall be permitted within any Unit that is visible from the exterior
of a Unit or from the Common Areas and that is inconsistent with the design and integrity
of the Project without the express written consent of the Executive Board. All window
treatments, blinds and signs shall be white or a neutral "earth -tone" in color unless
expressly permitted by the Executive Board.
16.7 Owner Improvements. No Owner shall undertake any interior improvements within a
Unit without first obtaining all required permits. All improvements shall be in conformance with
applicable building codes include fire sprinkling. Electrical and mechanical plans shall be first
submitted to the Executive Board for its review and approval; approval shall be for the
compatibility of the proposed improvements with existing service and shall not be unreasonably
withheld. The reasonable cost of any consultant retained by the Association for the purpose of
review and evaluating the proposed plans shall be reimburse by the Owner to the Association.
Any upgrade in service piping, wiring or equipment shall be performed by licensed contractors
approved by the Association and paid for the Owner. All electrical and mechanical work shall be
performed by licensed and insured contractors. The Owner shall indemnify the Association in a
form acceptable to it against any injury, damage or loss occasioned by Owner's undertaking any
interior improvement or construction. The Owner shall maintain a policy of general liability
insurance naming the Association as additional insured during any period of construction.
16.8 Owner Repair and Maintenance. No improvements, alterations, repairs, change of paint
colors, or other work which in any way alters the exterior of any Unit of Common Elements from
its improved state existing on the date such property was first subject to this Declaration, shall be
made or done without the express written consent of the Executive Board.
ARTICLE 17- MORTGAGEE'S RIGHTS
The following provisions are for the benefit of holders, insurers or guarantors of First
Mortgages on Units. To the extent permitted under Colorado law and applicable, necessary or
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proper, the provisions of the Article apply to the Declaration and also to the Articles of
Incorporation, Bylaws and Rules and Regulation of the Association.
17.1 Distribution of Insurance or Condemnation Proceeds. In the event of a distribution of
insurance proceeds or condemnation awards allocable among the Units for losses to, or taking of,
all or part of the Common Elements, neither the Owner nor any other person shall take priority in
receiving the distribution over the right of any Mortgagee who is a beneficiary of a First
Mortgage against the Unit.
17.2 Right to Pay Taxes and Charges. Mortgagees who hold First Mortgages against Units
may, jointly or singly, pay taxes or other charges that are in default and that may or have become
a charge against any Common elements, and may pay overdue premiums on hazard insurance
policies, or secure new hazard insurance coverage on the lapse of a policy for such Common
Elements, and Mortgagees making such payments shall be owed immediate reimbursement
therefore from the Association.
17.3 Audited Financial Statement. Upon written request from any Agency or Mortgagee that
has an interest or prospective interest in any Unit or the Project, the Association shall prepare
and furnish within ninety (90) days an audited financial statement of the Association for the
immediately preceding fiscal year, at the expense of such Mortgagee.
17.4 Notice of Action. Any First Mortgagee and any Agency that holds, insures or guarantees a
First Mortgage, upon written request to the Association, which shall include the Agency's name
and address and the Unit number, will be entitled to timely written notice of:
17.4.1 Any proposed termination of the common interest community;
17.4.2 Any condemnation loss or any casualty loss that affects a material portion of the
Project or that affects any Unit on which there is a First Mortgage held, insured or
guaranteed by such Agency;
17.4.3 Any delinquency in the payment of Assessments owed by a Unit Owner subject to
the Mortgage where such delinquency has continued for a period of sixty (60) days;
17.4.4 Any lapse, cancellation or material modification of any insurance policy
maintained by the Association.
17.5 Action by Mortgagee. If this Declaration or any Association Documents require the
approval of Mortgagees then, if any Mortgagee fails to respond to any written proposal for such
approval within thirty (30) days after such Mortgagee received proper notice of the proposal (or
such longer time as may be set forth in the notice), such Mortgagee shall be deemed to have
approved such proposal provided that the notice was delivered to the Mortgagee by certified or
registered mail, return receipt requested.
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ARTICLE 18 — DURATION OF CONVENANTS AND AMENDMENT
18.1 Term. The covenants and restrictions of this Declaration shall run with and bind the land
in perpetuity, subject to the termination provision of the Act.
18.2 Amendment. This Declaration, or any provision of it, may be amended at any time by
Owners holding not less that eighty percent (80%) of the votes possible to be cast under this
Declaration.
18.3 Execution of Amendments. Any amendment must be executed by the President of the
Association and recorded, and approval of such amendment may be shown by attaching a
certificate of the Secretary of the Association to the recorded instrument certifying the approval
of a sufficient number of Owners of the amendment. Notwithstanding the foregoing, Declarant,
acting alone, reserves to itself the right and power to modify and amend this Declaration and the
Map to the fullest extent permitted under the Act.
18.4 Revocation. This Declaration shall not be revoked nor shall the condominium common
interest community created hereby be terminated (except as provided above regarding total
destruction and/or total condemnation), without the consent of all of the Owners evidenced by a
written instrument duly recorded with the Clerk and Recorder.
18.5 Declarant Rights. Provisions in this Declaration reserving or creating Declarant Rights
may not be amended without the consent of Declarant.
ARTICLE 19 — GENERAL PROVISION
19.1 Restriction on Declarant Powers. Notwithstanding anything to the contrary herein, no
rights or powers reserved to Declarant hereunder shall exceed the time limitations or permissible
extent of such rights or powers as restricted under the Act. Any provision in this Declaration in
conflict with the requirements of the Act shall not be deemed to invalidate such provision as a
whole but shall be adjusted as is necessary to comply with the Act.
19.2 Enforcement. Except as otherwise provided in this Declaration, the Executive Board,
Declarant or any Owner shall have the right to enforce, by a 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 Executive Board of the Association, Declarant
or by any Owner to enforce any covenant or restriction contained in this Declaration shall in no
event be deemed a waiver of the right to do so thereafter.
19.3 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 may be pleaded as a full bar to the maintenance of any suit,
action, or arbitration brought in violation of this provision.
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19.4 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.
19.5 Registration of Mailing Address. Each Owner and each security interest holder, insurer,
or guarantor of a security interest, shall register their mailing address with the Association. All
notices, demands, or other notices intended to be served upon the Executive Board or the Board
of Directors of the Association during the period of Declarant control shall be sent by registered
or certified mail, postage prepaid, c/o Property Manager, 301 Centennial Drive, Milliken,
Colorado 80543, unless such address is changed by the Association during the period of
Declarant control. Subsequent to the termination of the period of Declarant control, the
Association shall notify the Owners of a different address for notices.
19.6 Limitation on Liability. The Association, Board of Directors, Declarant, and any member,
agent, or employee of any of the same, shall not be liable to any person for any action or for any
failure to act unless the action or failure to act was not in good faith and was done or withheld
with malice.
19.7 No Representations or Warranties. No representations or warranties of any kind, express
or implied, shall be deemed to have been given or made by the Declarant or its agents and
employees. in connection with any portion of the community, or any Improvement, or their
physical condition, zoning, compliance with applicable laws, fitness for intended use, or in
connection with the subdivision, sale, operation, maintenance, cost of maintenance, taxes or
regulation thereof, unless and except as shall be specifically set forth in writing.
19.8 Owners Right to Examine. Each Unit Owner shall have a right to examine the books and
records of the Association at any reasonable time.
19.9 Disclaimer Regarding Safety. DECLARANT AND THE ASSOCIATION HEREBY
DISCLAIM ANY OBLIGATION REGARDING THE SECURITY OF ANY PERSONS OR
PROPERTY WITHIN THE COMMUNITY. BY ACCEPTING A DEED TO PROPERTY
WITHIN THE COMMUNITY, EACH OWNER ACKNOWLEDGES THAT DECLARANT
AND THE ASSOCIATION ARE ONLY OBLIGATED TO DO THOSE ACTS
SPECIFICALLY ENUMERATED HEREIN, OR IN THE ARTICLES OF INCOPRORATION,
BYLAWS AND RULE AND REGULATIONS OF THE ASSOCIATION, AND ARE NOT
OBLIGATED TO DO ANY OTHER ACTS WITH RESPECT TO THE SAFETY OR
PROTECTION OF PERSONS OR PROPERTY WITHIN THE COMMUNITY.
19.10 Severability. Invalidation of any one of these covenants or restrictions by judgment or
court order shall in no way affect any other provisions that shall remain in full force and effect.
19.11 Conflicts Among Documents. In case of conflict between this Declaration and the
Articles of Incorporation and the Bylaws of the Association, this Declaration shall control. In
case of conflict between the Articles and the Bylaws. the Articles shall control.
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DECLARANT:
TRADERS JUNCTION, LL
By:
STATE OF COLORADO
Bret Hall, Manager
SS.
COUNTY OF WELD
The foregoing instrument was acknowledged before me on this )r6 day of December 2008 by
Bret Hall as Manager of Traders Junction, LLC, a Colorado Corporation. Witness my hand and
official seal. My commis .;1a-5-O01Q.-
46+741N,
• % k uL
NAA Gr Notary Public
FC04�_
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EXHIBIT A
TO
DECLARATION OF
COVENANTS, CONDITIONS AND RESTRICTIONS FOR
TRADERS JUNCTION CONDOMINIUMS
LEGAL DESCRIPTION OF PROPERTY
LOT 2, SETTLERS VILLAGE THIRD FILING, TOWN OF MILLIKEN, COUNTY OF WELD, STATE OF
COLORADO,
EXCEPT THE LAND DESCRIBED IN DEED RECORDED ON 10/30/2006 AT RECEPTION NUMBER
3430862.
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EXHIBIT B
TO
DECLARATION OF
COVENANTS. CONDITIONS AND RESTRICTIONS FOR
TRADERS JUNCTION CONDOMINIUMS
ALLOCATION OF INTEREST
1. TRADERS JUNCTION CONDOMINIUM OWNERS ASSOCIATION
Percentage share
Association expenses Votes
Building D: 40% 26 Votes
Building Site A: 40% 26 Votes
Building Site B: 20% I3 Votes
This expense allocation shall not affect the allocation of common expenses that will be assessed
by the Traders Junction Owners Association for parking lot, landscaping and other expenses
associated with the Traders Junction retail development. Those expenses shall be allocated as
provided in the Traders Junction Declaration.
2. PHASE 1 (BUILDING D)
Unit A
Unit B
Unit C
Unit D
Unit E
Unit F
Unit G
Unit H
Unit J
Unit K
Unit L
Percentage share of
Building D Elements
And expenses
10.7%
7.7%
7.7%
7.7%
7.7%
7.7%
7.7%
7.7%
7.7%
8.3%
19.4%
39
Votes
3
2
2
2
2
2
2
2
2
2
5
9/11/24, 9:48 AM
Property Report
Weld County
PROPERTY PORTAL
Account
R6778039
Parcel
105912258001
Property Information (970) 400-3650
Technical Support (970) 400-4357
Account: R6778039
September 11, 2024
Account Information
Space
Account I Tax
Type Year
Commercial 2024
Actual Assessed Value Value
000 I 000
Legal
Lot 2 SETTLERS VILLAGE 4TH FG EXC THAT PT DESCRIBED AS BEG NE
COR PHASE 2 TRADERS JUNCTION CONDOS PHASE 1 AMD TH S0D37'E
49.20' TO TPOB TH CONT S0D37'E 275.09' S89D43'W 83' N0D37'W 274.18'
N89D05'E 83' TO TPOB ALSO EXC TRADERS JUNCTION CONDOS PH 2
BLDG B
Subdivision
SETTLERS VILLAGE SUB
4TH FG
Property
Address
1750 BROAD ST
Property
City
MILLIKEN
Land Economic Area
MILLIKEN SETTLERS
VILLAGE
Zip Section Township Range
Owner(s)
Account
Owner Name I Address
TRADERS JUNCTION
R6778039 CONDOMINIUMS OWNERS
ASSOCIATION
301 CENTENNIAL DR
MILLIKEN, CO
805433222
https://propertyreport.weld.gov/?account=R6778039 1/7
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Document History
Reception
Rec Date
Type
Grantor
Grantee
Doc Fee
Sale Date
Sale Price
LOT HOLDING
TRADERS
2970909
07-22-2002
WD
INVESTMENTS
JUNCTION
18.43
07-19-2002
184,300
LLC__........._..............__.__.
LLC
SETTLERS
SETTLERS
3596655
12-24-2008
PLT
VILLAGE SUB
VILLAGE SUB
0.00
12-17-2008
4TH FG
4TH FG
TRADERS
3658401
NA
SUB
SUBDIVISION
JUNCTION
CONDOS PH
0.00
NA
0
1 AMD
3677440
02-23-2010
OTH
CORR &
RATIFICATION
CORR &
RATIFICATION
0.00
02-08-2010
0
4778624
11-22-2021
DN
TRADERS
JUNCTION
MILLIKEN
0.00
11-22-2021
0
LLC
PLAZA INC
*If the hyperlink for the reception number does not
work, try a manual search in the Clerk and Recorder
records. Use the Grantor or Grantee in your search.
Building Information
Building 1
AccountNo
R6778039
Building ID I Occupancy
Parking Lot *Code
ID
I Type
NBHD
Occupancy
Complete
Bedrooms
Baths
Rooms
1
Commercial
0901
Parking Lot
Code
100
0
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Property Report
ID
Square
Ft
Condo
SF
Interior HVAC
Total
Basement
SF
Perimeter s Units Type Make
0
Built As Details for Building,1
ID Built As Square I Year
Ft Built
Package
Unit
Finished
Basement
SF
0
1.00
Parking Lot
*Code
Additional Details for Building 1
2003
0
Garage Carport
SF I SF
0
Detail Type
Add On
Description
Asphalt Average
0
Stories Length
2,200
Add On Concrete Slab Average
0
Balcony
SF
Porch
SF
0 0
Tax Authorities
https://propertyreport.weld.gov/?account=R6778039 3/7
9/11/24, 9:48 AM Property Report
Tax District
Area ID
5785 0700
5785 1414
5785 0302
5785 0309
5785 0510
5785 1050
5785 0306
5785 0529
5785 0421
5785 0301
5785 0205
5785
5785
5785
Total
District Name
Current Mill
Levy
AIMS JUNIOR COLLEGE
CENTENNIAL CROSSING METRO 3
6.336
45.000
0.891
...........................
1.300
CENTRAL COLORADO WATER
(CCW)
CENTRAL COLORADO WATER
SUBDISTRICT (CCS)
FRONT RANGE FIRE RESCUE FIRE
PROTECTION DISTRICT
HIGH PLAINS LIBRARY
LITTLE THOMPSON WATER (LTW)
MILLIKEN FIRE (BOND 2024)
MILLIKEN TOWN
NORTHERN COLORADO WATER
(NCW)
SCHOOL DIST RE5J-JOHNSTOWN
THOMPSON RIVER REC
WELD COUNTY
WEST GREELEY CONSERVATION
11.663
3.196
0.000
0.000
29.166
1.000
33.988
3.594
12.024
0.414
148.572
Photo
https://propertyreport.weld.gov/?account=R6778039 4/7
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Sketch
https://propertyreport.weld.gov/?account=R6778039
5/7
9/11/24, 9:48 AM Property Report
Map
https://propertyreport.weld.gov/?account=R6778039 6/7
This map is a user generated static output from an Internet mapping site and is for
reference only. Data layers that appear on this map may or may not be accurate,
current, or otherwise reliable
THIS MAP IS NOT TO BE USED FOR NAVIGATION
Clerk to the Board
Phone: (970) 400-4225
Fax: (970) 336-7233
1150 O Street
P.O. Box 758
Greeley, Colorado 80632
www.weld.gov
September 9, 2024
MILLIKEN PLAZA, INC.
1139 BUTTON ROCK DRIVE
LONGMONT, CO 80504-2258
RE: Schedule Number R6778039
Dear Property Owner:
This is to advise you that the Weld County Board of Commissioners will hear your petition for
abatement or refund of taxes on the property described as: 1750 Broad Street, Milliken,
Colorado 80543. The meeting is scheduled for Monday, September 23, 2024, at 9:00 a.m., in the
Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County
Administration Building, 1150 O Street, Assembly Room, Greeley, Colorado 80631.
The Assessor is recommending that the Board approve your petition. You are not required to be
present at this hearing; however, this is your opportunity to have your position heard, particularly
if your position is opposed to the Assessor's recommendation. If you intend to submit any
documentation in support of your position for this hearing, all such documentation must be
submitted to the Office of the Clerk to the Board and to the Weld County Assessor's Office at least
seven calendar days prior to the meeting date in order for it to be considered at the scheduled
hearing.
If you have any questions concerning this matter, please do not hesitate to contact me at
(970) 400-4217.
Very truly yours,
t LOI J4 —
Janet M. Warwick
Deputy Clerk to the Board
jwarwick@weld.gov
Enclosures: Copy of Petition for Abatement of Refund of Taxes
cc: Weld County Assessor
1st Net Real Estate Services, Inc.
Jan Warwick
From:
Sent:
To:
Cc:
Subject:
Attachments:
Good morning,
Jan Warwick
Wednesday, September 11, 2024 11:45 AM
Dan George
Chloe White
Tax Abatement Petition - Milliken Plaza, Inc. - R6778039
Tax Abatement Petition - R6778039.pdf
This is to advise you that the Weld County Board of Commissioners will hear your petition for abatement or refund of
taxes on the property described as: 1750 Broad Street, Milliken, Colorado 80543. The meeting is scheduled for Monday,
September 23, 2024, at 9:00 a.m. Please see the attached letter and copy of the petition form for further
information (hard -copies to follow).
Sincere regards,
Jan Warwick
Deputy Clerk to the Board
Weld County
1150 O Street
Greeley, CO 80631
tel: 970-400-4217
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended
only for the person or entity to which it is addressed and may contain information that is privileged, confidential
or otherwise protected from disclosure. If you have received this communication in error, please immediately
notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the
taking of any action concerning the contents of this communication or any attachments by anyone other than
the named recipient is strictly prohibited.
Weld County Petition for Abatement or Refund of Taxes
Certificate of Mailing
First
Name
Last Name
Company
Address
1
City
State
Postal
Code
MILLIKEN
PLAZA,
1139
ROCK
BUTTON
DRIVE
LONGMONT
CO
80504-
2258
INC.
DAN
GEORGE
1ST
NET
REAL
3333
SOUTH
LAKEWOOD
CO
80227
ESTATE
WADSWORTH
BOULEVARD.
SERVICES.
INC.
SUITE
D-105
dgeorge@lstnetre.com
I hereby certify that I have sent a notification of hearing date letter in accordance with the notification requirements
of Weld County in the United States Mail, postage prepaid First Class Mail by letter as addressed on the attached list
this 9th day of September. 2024.
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Deputy Clerk to t`ic
U.S. Postal Service'
CERTIFIED MAIL° RECEIPT
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Domestic Return Receipt
Clerk to the Board
Phone: (970) 400-4225
Fax: (970) 336-7233
1150 O Street
P.O. Box 758
Greeley, Colorado 80632
www.weld.gov
September 27, 2024
State of Colorado
Division of Property Taxation
1313 Sherman Street, Room 419
Denver, CO 80203
RE: Petition for Abatement or Refund of Taxes — Milliken Plaza, Inc.
To Whom It May Concern:
Please review the attached documents, which include the original petition, a copy of the petition,
two (2) copies of the resolution approved by the Weld County Board of Commissioners, and a
copy of the back-up documentation supporting the petition.
Tax Year(s): 2023
Parcel Number: 105912258001
Account Number: R6778039
If you have any questions concerning this matter, please do not hesitate to contact me at
(970) 400-4217.
Very truly yours,
.X . WOO/I-1C
Janet M. Warwick
Deputy Clerk to the Board
jwarwick@weld.gov
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