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Home My WebLink About20194339.tiff 4132272 08/10/2015 10:42 AM Total Pages: 1 Rec Fee: $11 .00 Carly Koppes - Clerk and Recorder, Weld County, CC STATEMENT OF AUTHORITY (Section 38-30-172,CRS.) 1. This Statement of Au hority relates to an entity named: RUSSELL COBURN LLC 2. The type of entity is a: O corporadon ❑registered limited liability pip C]nonprofit corporation U registered limited liability limited partnership 121 limned liability company U government or governmental subdivision or O general partnership agency U limped partnership 0 limited partnership association O other O trust(Section 38-30-1083,C.R.S.) 3. The entity is formed under the laws of Colorado 4. The mailing address of the entity is: 7221 FOUR RIVERS RD.,BOULDER,CO 80301 5. The®name®position of each person authorized to execute instruments conveys& encumbering,or otherwise affecting title to real property on behalf of the entity is: RUScR_r.i.COBURN,Manager 6, The authority of the foregoing person(s)to bind the entity is®not limited O limited as follows: WA 7. Other matters concerning the manner in which the entity deals with interests in reel property:NA 8. This Statement of Authority is executed on behalf of the entity purse to the provisions of Section 38-30-172,C.R.S. Executed WI I`ti+L day of Au 2015. RU COB a Colorado • liability company By USSELL OBURN,Man er [intentionally left blank] STATE OF COLORADO) COUNTY OP BOULDER) The foregoing inmvment was acknowledged before me this 1.L..day Of August,2015.by R.USSELL COBURN,as Manager of RUSSELL COBURN LLC. C Witness my hand and official My commission expires: 7-43_i? CATHY A. GROVE NOTARY PUBLIC STATE OF COLORAWY PLnlia 46-644 NOViElY Convnifilon� July 23.2010 4 STATEMENT OF AUTHORITY (Section 38-30-172,C.R.S.) 1. This Statement of Authority relates to an entity named: RUSSELL COBURN LLC 2. The type of entity is a: U corporation U registered limited liability partnership ❑nonprofit corporation U registered limited liability limited partnership El limited liability company U government or governmental subdivision or U general partnership agency ❑ limited partnership U limited partnership association ❑ other ❑ trust(Section 38-30-108.5,C.R.S.) 3. The entity is formed under the laws of:Colorado 4. The mailing address of the entity is: 7221 FOUR RIVERS RD., BOULDER,CO 80301 5. The (lname l]position of each person authorized to execute instruments conveying, encumbering, or otherwise affecting title to real property on behalf of the entity is: RUSSELL COBURN, Manager 6. The authority of the foregoing person(s)to bind the entity is 0 not limited© limited as follows: N/A 7. Other matters concerning the manner in which the entity deals with interests in real property:N/A 8. This Statement of Authority is executed on behalf of the entity pursuant to the provisions of Section 38-30-172,C.R.S. Executed this 77-& day of August,2015. RUSS COBURN LLC a Colorado limi ed liability company By USSELL COBURN, Mana er [intentionally left blank] STATE OF COLORADO ) )ss. COUNTY OF BOULDER) The foregoing instrument was acknowledged before me this_M.--day of August,2015,by RUSSELL COBURN,as Manager of RUSSELL COBURN LLC. Witness my hand and official s My commission expires: %-- J CATHY A. GROVE G u NOTARY �uJlie STATE OF COLORADO' NOTARY ID 19914010018 . '� My Commission Expires July 23,2019 rftIC State Documentary Fee Date:May 28,2019 Amem ;, t,, , $112.00 Special Warranty Deed (Pursuant to 38-30-115 C.R.S.) THIS DEED, made on May 28th,2019 by GLEN&JEAN JOHNSON COMPANY., L.P.,A NEVADA LIMITED PARTNERSHIP Grantor(s),of the County of Larimer and Stale of Colorado for the consideration of($1,120,000.00)"'One Million One Hundred Twenty Thousand and 00/100**"dollars in hand paid, hereby sells and conveys to RUSSELL COBURN, LLC,A COLORADO LIMITED LIABILITY COMPANY Grantee(s),whose street address is 6840 WINCHESTER CIRCLE, Boulder,CO 80301, County of Boulder, and Slate of Colorado, the following real property in the County of Weld, and State of Colorado,to wit: LOT 3,4,7 AND 8, BLOCK 7,SECOND CORRECTED PLAT VISTA COMMERCIAL CENTER FILING II, COUNTY OF WELD, STATE OF COLORADO also known by street and number as:TBD, LONGMONT,CO 80504 with all its appurtenances and warrants the title to the same against all persons claiming under me,subject to the matters shown in the attached Exhibit A,which, by reference, is incorporated herein. GLEN&J N JOHNSON COMPANY., L.P.,A NEVADA LIMITED ARTNERSHIP BY:G&J JOHNSON MANAG ENT, LLC, LORAD MITED LIABILITY CO ,GENER By: - VAN E.JOHNSON,OPE G NAGER State of Colorado )ss. County of Larimer The foregoing instrument was acknowledged before me on this day of May 28th,2019 by VAN E.JOHNSON AS OPERATING MANAGER OF G&J JOHNSON MANAGEMENT, LLC,A COLORADO LIMITED LIABILITY COMPANY AS GENERAL PARTNER OF GLEN&JEAN JOHNSON COMPANY., L.P.,A NEVADA LIMITED PARTNERSHIP Witness my hand and official seal VIV,C(.4(\_ My Commission expires: I � t - I ` Notary Public PIN ONNA PU L1C TOTARY STATE OF COLORADO p,Fi+f tD 19894016$70 my mission Expires November 17,202i When recorded return to: RUSSELL COBURN, LLC,A COLORADO LIMITED LIABILITY COMPANY 6840 WINCHESTER CIRCLE, Boulder,CO 80301 4492874 05/29/2019 04:02 PM Total Pages: 2 Rec Fee: $18.00 Doc Fee: $112.00 Carly Koppes - Clerk and Recorder, Weld County, CO Form 1041 closing/deeds/swd_2019.hlml 25163988 (451074) III 1111111��11111 III 11 11 111 4492874 05/29/2019 04:02 PM Page 2 of 2 Exhibit A 1, GENERAL TAXES FOR THE YEAR OF CLOSING. 2. DISTRIBUTION UTILITY EASEMENTS(INCLUDING CABLE TV). 3. THOSE SPECIFICALLY DESCRIBED RIGHTS OF THIRD PARTIES NOT SHOWN BY THE PUBLIC RECORDS OF WHICH GRANTEE HAS ACTUAL KNOWLEDGE AND WHICH WERE ACCEPTED BY GRANTEE IN ACCORDANCE WITH§8.3 (OFF-RECORD TITLE)AND§9(NEW ILC OR NEW SURVEY)OF THE CONTRACT TO BUY AND SELL REAL ESTATE RELATING TO THE REAL PROPERTY CONVEYED BY THIS DEED. 4. INCLUSION OF THE PROPERTY WITHIN ANY SPECIAL TAXING DISTRICT. 5. ANY SPECIAL ASSESSMENT IF THE IMPROVEMENTS WERE NOT INSTALLED AS OF THE DATE OF GRANTEE'S SIGNATURE TO THE CONTRACT TO BUY AND SELL REAL ESTATE RELATING TO THE REAL PROPERTY CONVEYED BY THIS DEED,WHETHER ASSESSED PRIOR TO OR AFTER CLOSING. 6. RESTRICTIVE COVENANTS, WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE, COLOR, RELIGION,SEX,SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY,OR SOURCE OF INCOME,AS SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW, AS CONTAINED IN INSTRUMENT RECORDED AUGUST 07, 1997, UNDER RECEPTION NO.2562470,AND AS AMENDED IN INSTRUMENT RECORDED APRIL 22, 1998, UNDER RECEPTION NO. 2607807 AND AMENDED JUNE 25, 2003 AT RECEPTION NO. 3076912,AMENDMENT "VISTA COMMERCIAL CENTER OVERLAY" RECORDED JULY 20,2004 AT RECEPTION NO.3200287. 7. TERMS, CONDITIONS AND PROVISIONS OF VISTA COMMERCIAL CENTER OVERLAY RECORDED JULY 20,2004 AT RECEPTION NO.3200287 AND AGREEMENT RECORDED DECEMBER 11,2017 AT RECEPTION NO. 4359018. 8. ALL OIL, GAS, MINERALS AND OTHER MINERAL RIGHTS AS RESERVED IN INSTRUMENT RECORDED JULY 20, 2004, UNDER RECEPTION NO. 3200289,AND ANY AND ALL ASSIGNMENTS THEREOF OR INTERESTS THEREIN. Form 1041 closing/deeds/swd_2019.html 25163988 (451074) IF" Land Title Guarantee Company Customer Distribution Land Tiiitle- t. r,.,T.,F.2MPAA PREVENT FRAUD-Please remember to call a member of our closing team when =,tilu:r rO.7 f - initiating a wire transfer or providing wiring instructions. Order Number: FCC25163988-6 Date:05/17/2019 Property Address: TBD, LONGMONT, CO 80504 PLEASE CONTACT YOUR CLOSER OR CLOSER'S ASSISTANT FOR WIRE TRANSFER INSTRUCTIONS For Closing Assistance Closer's Assistant For Title Assistance Donna Manci Gaynelle Eggers Larimer/Weld County Title Team 772 WHALERS WAY#100 772 WHALERS WAY#100 772 WHALERS WAY#100 FORT COLLINS, CO 80525 FORT COLLINS, CO 80525 FORT COLLINS, CO 80525 (970)267-5021 (Work) (970)267-5024(Work) (970)282-3649(Work) (800)303-5161 (Work Fax) (800)315-9208(Work Fax) (970)282-3652(Work Fax) dmanci@ltgc.com geggers@Itgc.com customercare@ltgc.com Contact License:CO270861 Contact License:CO76789 Company License: CO44565 Company License:CO44565 Buyer/Borrower Agent for Seller RUSSELL COBURN, LLC THE COLORADO GROUP INC 6840 WINCHESTER CIRCLE Attention:ASHLEY OVERTON Boulder, CO 80301 3434 47TH ST#220 RUSS@EMISPORTSWEAR.COM BOULDER, CO 80301 LEEANN@EMISPORTSWEAR.COM (303)449-2131 (Work) Delivered via: Electronic Mail (303) 641-3279(Home) (303)449-8250(Work Fax) ashley@coloradogroup.com Delivered via: Electronic Mail Seller/Owner Seller/Buyer Agent GLEN &JEAN JOHNSON CO., LP THE COLORADO GROUP INC. 1205 HAYS STREET Attention: STEVEN JACOBSON Fort Collins, CO 80524 STEVE@COLORADOGROUP.COM VAN12950@COMCAST.NET Delivered via: Electronic Mail Delivered via: Electronic Mail Agent for Buyer THE COLORADO GROUP INC Attention:ASHLEY OVERTON 3434 47TH ST#220 BOULDER, CO 80301 (303)449-2131 (Work) (303) 641-3279(Home) (303)449-8250(Work Fax) ashley@coloradogroup.com Delivered via: Electronic Mail IF" Land Title Guarantee Company Estimate of Title Fees Ldrld Ti'tle {„-n F,%crr.i r r1r.,N :,CP.ll:'2 r0l- Order Number: FCC25163988-6 Date:05/17/2019 Property Address: TBD, LONGMONT,CO 80504 Parties: RUSSELL COBURN, LLC,A COLORADO LIMITED LIABILITY COMPANY GLEN &JEAN JOHNSON COMPANY., L.P.,A NEVADA LIMITED PARTNERSHIP Visit Land Title's Website at www.ltgc.com for directions to any of our offices. Estimate of Title insurance Fees "ALTA"Owner's Policy 06-17-06 Builder/Developer Rate $1,323.00 Deletion of Standard Exception(s) $100.00 Tax Certificate $104.00 Total$1,527.00 If Land Title Guarantee Company will be closing this transaction, the fees listed above will be collected at closing. Thank you for your order! Note:The documents linked in this commitment should be reviewed carefully.These documents,such as covenants conditions and restrictions, may affect the title,ownership and use of the property. You may wish to engage legal assistance in order to fully understand and be aware of the implications of the effect of these documents on your property. Chain of Title Documents: Weld county recorded 07/20/2004 under reception no.3200289 Weld county recorded 04/29/2004 under reception no.3175004 Weld county recorded 01/12/2004 under reception no.3143266 Plat Map(s): Weld county recorded 11/01/2000 under reception no.2803997 ALTA COMMITMENT Old Republic National Title Insurance Company Schedule A Order Number:FCC25163988-6 Property Address: TBD, LONGMONT, CO 80504 1. Effective Date: 05/08/2019 at 5:00 P.M. 2. Policy to be Issued and Proposed Insured: "ALTA"Owner's Policy 06-17-06 Builder/Developer Rate $1,120,000.00 Proposed Insured: RUSSELL COBURN, LLC, A COLORADO LIMITED LIABILITY COMPANY 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: A Fee Simple 4. Title to the estate or interest covered herein is at the effective date hereof vested in: GLEN &JEAN JOHNSON COMPANY., L.P., A NEVADA LIMITED PARTNERSHIP 5. The Land referred to in this Commitment is described as follows: LOT 3,4,7 AND 8, BLOCK 7, SECOND CORRECTED PLAT VISTA COMMERCIAL CENTER FILING II, COUNTY OF WELD, STATE OF COLORADO Copyright 2006-2019 American Land Title Association.All rights reserved. AMERICAN LAND 'rl1'LE The use of this Form is restricted to ALTA licensees and ALTA members in good standing AM.00 EAT ION as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. . ,N, ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B, Part I (Requirements) Order Number: FCC25163988-6 All of the following Requirements must be met: This proposed Insured must notify the Company in writing of the name of any party not referred to in this Commitment who will obtain an interest in the Land or who will make a loan on the Land.The Company may then make additional Requirements or Exceptions. Pay the agreed amount for the estate or interest to be insured. Pay the premiums,fees,and charges for the Policy to the Company. Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured,or both, must be properly authorized,executed,delivered,and recorded in the Public Records. 1. WRITTEN CONFIRMATION THAT THE INFORMATION CONTAINED IN STATEMENT OF AUTHORITY FOR RUSSELL COBURN, LLC,A COLORADO LIMITED LIABILITY COMPANY RECORDED AUGUST 10, 2015 AT RECEPTION NO.4132272 IS CURRENT. NOTE: SAID INSTRUMENT DISCLOSES RUSSELL COBURN AS THE MANAGER AUTHORIZED TO EXECUTE INSTRUMENTS CONVEYING, ENCUMBERING OR OTHERWISE AFFECTING TITLE TO REAL PROPERTY ON BEHALF OF SAID ENTITY. IF THIS INFORMATION IS NOT ACCURATE, A CURRENT STATEMENT OF AUTHORITY MUST BE RECORDED. 2. (THIS ITEM WAS INTENTIONALLY DELETED) 3. WRITTEN CONFIRMATION THAT THE INFORMATION CONTAINED IN STATEMENT OF AUTHORITY FOR GLEN &JEAN JOHNSON COMPANY., L.P.,A NEVADA LIMITED PARTNERSHIP RECORDED APRIL 23,2019 AT RECEPTION NO. 448326415 CURRENT. NOTE: SAID INSTRUMENT DISCLOSES G &J JOHNSON MANAGEMENT, LLC,A COLORADO LIMITED LIABILITY COMPANY AS THE GENERAL PARTNER AUTHORIZED TO EXECUTE INSTRUMENTS CONVEYING, ENCUMBERING OR OTHERWISE AFFECTING TITLE TO REAL PROPERTY ON BEHALF OF SAID ENTITY. IF THIS INFORMATION IS NOT ACCURATE, A CURRENT STATEMENT OF AUTHORITY MUST BE RECORDED. (THIS ITEM WAS INTENTIONALLY DELETED) NOTE:THE OPERATING AGREEMENT FOR G &J JOHNSON MANAGEMENT, LLC,A COLORADO LIMITED LIABILITY COMPANY DISCLOSES VAN E.JOHNSON AS THE OPERATING MANAGER AUTHORIZED TO EXECUTE LEGAL INSTRUMENTS ON BEHALF OF SAID ENTITY. 4. WARRANTY DEED FROM GLEN &JEAN JOHNSON COMPANY., L.P.,A NEVADA LIMITED PARTNERSHIP TO RUSSELL COBURN, LLC, A COLORADO LIMITED LIABILITY COMPANY CONVEYING SUBJECT PROPERTY. 5. (THIS ITEM WAS INTENTIONALLY DELETED) ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B, Part I (Requirements) Order Number: FCC25163988-6 All of the following Requirements must be met: NOTE: ITEMS 1-3 OF THE STANDARD EXCEPTIONS WILL BE DELETED UPON THE APPROVAL OF THE COMPANY AND THE RECEIPT OF A NOTARIZED FINAL LIEN AFFIDAVIT, ITEM NO. 4 OF THE STANDARD EXCEPTIONS ON THE OWNER'S POLICY,WILL BE AMENDED AS FOLLOWS: ITEM NO. 4 OF THE STANDARD EXCEPTIONS IS DELETED AS TO ANY LIENS OR FUTURE LIENS RESULTING FROM WORK OR MATERIAL FURNISHED AT THE SPECIFIC, DIRECT REQUEST,AND WITH THE ACTUAL KNOWLEDGE OF GLEN &JEAN JOHNSON COMPANY., L.P.,A NEVADA LIMITED PARTNERSHIP. OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY SHALL HAVE NO LIABILITY FOR ANY LIENS ARISING FROM WORK OR MATERIAL FURNISHED AT THE SPECIFIC, DIRECT REQUEST,AND WITH THE ACTUAL KNOWLEDGE OF RUSSELL COBURN, LLC, A COLORADO LIMITED LIABILITY COMPANY. NOTE: ITEM 5 OF THE STANDARD EXCEPTIONS WILL BE DELETED IF LAND TITLE GUARANTEE COMPANY CONDUCTS THE CLOSING OF THE CONTEMPLATED TRANSACTION(S)AND RECORDS THE DOCUMENTS IN CONNECTION THEREWITH. NOTE: UPON PROOF OF PAYMENT OF 2018 TAXES, ITEM 6 WILL BE AMENDED TO READ: TAXES AND ASSESSMENTS FOR THE YEAR 2019 AND SUBSEQUENT YEARS. ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B, Part II (Exceptions) Order Number:FCC25163988-8 This commitment does not republish any covenants,condition,restriction,or limitation contained in any document referred to in this commitment to the extent that the specific covenant,conditions,restriction,or limitation violates state or federal law based on race,color, religion,sex,sexual orientation,gender identity, handicap,familial status,or national origin. 1. Any facts,rights, interests,or claims thereof, not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 2. Easements,liens or encumbrances,or claims thereof, not shown by the Public Records. 3. Any encroachment,encumbrance,violation,variation,or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 4. Any lien,or right to a lien,for services,labor or material heretofore or hereafter furnished,imposed by law and not shown by the Public Records. 5. Defects,liens,encumbrances,adverse claims or other matters,if any,created,first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date of the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. (a)Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b)proceedings by a public agency that may result in taxes or assessments,or notices of such proceedings,whether or not shown by the records of such agency or by the Public Records. 7. (a)Unpatented mining claims; (b)reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c)water rights,claims or title to water. 8. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN UNITED STATES PATENT RECORDED MARCH 21, 1885, IN BOOK 34 AT PAGE 118. 9. RIGHT OF WAY EASEMENT AS GRANTED TO UNION RURAL ELECTRIC ASSOCIATION IN INSTRUMENT RECORDED MAY 04, 1970, UNDER RECEPTION NO. 1546573 IN BOOK 625. 10. OIL AND GAS LEASE RECORDED MAY 29, 1980 UNDER RECEPTION NO. 1826006 IN BOOK 904 AND ANY AND ALL ASSIGNMENTS THEREOF,OR INTEREST THEREIN. NOTE: EXTENSION OF THE ABOVE LEASE AS CLAIMED BY AFFIDAVIT OF PRODUCTION WAS RECORDED OCTOBER 03, 1985 UNDER RECEPTION NO. 2027311 IN BOOK 1086. 11. OIL AND GAS LEASE RECORDED MAY 31, 1984 UNDER RECEPTION NO. 1968738 IN BOOK 1032 AND ANY AND ALL ASSIGNMENTS THEREOF,OR INTEREST THEREIN. 12. TERMS, CONDITIONS AND PROVISIONS OF SUBDIVISION SERVICE AGREEMENT RECORDED APRIL 14, 1997 AT RECEPTION NO.2542719. 13. TERMS, CONDITIONS AND PROVISIONS OF SUBDIVISION MULTIPLE TAP SERVICE AGREEMENT RECORDED APRIL 21, 1997 AT RECEPTION NO.2543820. ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B, Part II (Exceptions) Order Number:FCC25163988-8 14. TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED MAY 27, 1997 AT RECEPTION NO.2549896. 15. RESTRICTIVE COVENANTS,WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, HANDICAP, NATIONAL ORIGIN,ANCESTRY,OR SOURCE OF INCOME, AS SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANTOR RESTRICTION IS PERMITTED BY APPLICABLE LAW, AS CONTAINED IN INSTRUMENT RECORDED AUGUST 07, 1997, UNDER RECEPTION NO.2562470,AND AS AMENDED IN INSTRUMENT RECORDED APRIL 22, 1998, UNDER RECEPTION NO. 2607807 AND AMENDED JUNE 25,2003 AT RECEPTION NO. 3076912,AMENDMENT"VISTA COMMERCIAL CENTER OVERLAY" RECORDED JULY 20,2004 AT RECEPTION NO.3200287. 16. TERMS, CONDITIONS AND PROVISIONS OF DESIGN GUIDLINES RECORDED AUGUST 07, 1997 AT RECEPTION NO. 2562471. 17. TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED OCTOBER 03,2000 AT RECEPTION NO. 2797857. 18. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE PLAT OF SECOND CORRECTED PLAT OF VISTA COMMERCIAL CENTER FILING II RECORDED NOVEMBER 1, 2000 AT RECEPTION NO.2803997. 19. TERMS, CONDITIONS AND PROVISIONS OF EXCLUSIVE IRRIGATION PIPELINE EASEMENT RECORDED JANUARY 11, 2001 AT RECEPTION NO.2818877. 20. ALL OIL, GAS, MINERALS AND OTHER MINERAL RIGHTS AS RESERVED IN INSTRUMENT RECORDED JANUARY 12, 2004, UNDER RECEPTION NO.3143266, AND ANY AND ALL ASSIGNMENTS THEREOF OR INTERESTS THEREIN. 21. TERMS, CONDITIONS AND PROVISIONS OF VISTA COMMERCIAL CENTER OVERLAY RECORDED JULY 20, 2004 AT RECEPTION NO.3200287 AND AGREEMENT RECORDED DECEMBER 11,2017 AT RECEPTION NO. 4359018. 22. ALL OIL, GAS, MINERALS AND OTHER MINERAL RIGHTS AS RESERVED IN INSTRUMENT RECORDED JULY 20,2004, UNDER RECEPTION NO.3200289,AND ANY AND ALL ASSIGNMENTS THEREOF OR INTERESTS THEREIN. 23. EXISTING LEASES OR TENANCIES, IF ANY IF" LAND TITLE GUARANTEE COMPANY DISCLOSURE STATEMENTS Land Tiiitle- {„-n F,%crr.i r r1r.,N :,CP.ll:'2 r0l- Note: Pursuant to CRS 10-11-122,notice is hereby given that: (A) The Subject real property may be located in a special taxing district. (B) A certificate of taxes due listing each taxing jurisdiction will be obtained from the county treasurer of the county in which the real property is located or that county treasurer's authorized agent unless the proposed insured provides written instructions to the contrary. (for an Owner's Policy of Title Insurance pertaining to a sale of residential real property). (C) The information regarding special districts and the boundaries of such districts may be obtained from the Board of County Commissioners,the County Clerk and Recorder, or the County Assessor. Note: Effective September 1, 1997, CRS 30-10-406 requires that all documents received for recording or filing in the clerk and recorder's office shall contain a top margin of at least one inch and a left, right and bottom margin of at least one half of an inch.The clerk and recorder may refuse to record or file any document that does not conform, except that,the requirement for the top margin shall not apply to documents using forms on which space is provided for recording or filing information at the top margin of the document. Note: Colorado Division of Insurance Regulations 8-1-2 requires that"Every title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed". Provided that Land Title Guarantee Company conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lenders Policy when issued. Note:Affirmative mechanic's lien protection for the Owner may be available(typically by deletion of Exception no. 4 of Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued) upon compliance with the following conditions: (A) The land described in Schedule A of this commitment must be a single family residence which includes a condominium or townhouse unit. (B) No labor or materials have been furnished by mechanics or material-men for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. (C) The Company must receive an appropriate affidavit indemnifying the Company against un-filed mechanic's and material-men's liens. (D) The Company must receive payment of the appropriate premium. (E) If there has been construction, improvements or major repairs undertaken on the property to be purchased within six months prior to the Date of Commitment,the requirements to obtain coverage for unrecorded liens will include: disclosure of certain construction information;financial information as to the seller,the builder and or the contractor; payment of the appropriate premium fully executed Indemnity Agreements satisfactory to the company, and, any additional requirements as may be necessary after an examination of the aforesaid information by the Company. No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. Note: Pursuant to CRS 10-11-123, notice is hereby given: This notice applies to owner's policy commitments disclosing that a mineral estate has been severed from the surface estate, in Schedule B-2. (A) That there is recorded evidence that a mineral estate has been severed, leased,or otherwise conveyed from the surface estate and that there is substantial likelihood that a third party holds some or all interest in oil, gas,other minerals,or geothermal energy in the property; and (B) That such mineral estate may include the right to enter and use the property without the surface owner's permission. Note: Pursuant to CRS 10-1-128(6)(a), It is unlawful to knowingly provide false, incomplete,or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment, fines, denial of insurance, and civil damages.Any insurance company or agent of an insurance company who knowingly provides false, incomplete,or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado Division of Insurance within the Department of Regulatory Agencies. Note: Pursuant to Colorado Division of Insurance Regulations 8-1-3, notice is hereby given of the availability of a closing protection letter for the lender, purchaser, lessee or seller in connection with this transaction. JOINT NOTICE OF PRIVACY POLICY OF IF" LAND TITLE GUARANTEE COMPANY, Lind Title- LAND TITLE GUARANTEE COMPANY OF SUMMIT COUNTY .•Tr.,r.:,r.rar LAND TITLE INSURANCE CORPORATION AND OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY This Statement is provided to you as a customer of Land Title Guarantee Company as agent for Land Title Insurance Corporation and Old Republic National Title Insurance Company. We want you to know that we recognize and respect your privacy expectations and the requirements of federal and state privacy laws. Information security is one of our highest priorities.We recognize that maintaining your trust and confidence is the bedrock of our business. We maintain and regularly review internal and external safeguards against unauthorized access to non-public personal information("Personal Information"). In the course of our business,we may collect Personal Information about you from: • applications or other forms we receive from you, including communications sent through TMX,our web-based transaction management system; • your transactions with,or from the services being performed by us, our affiliates,or others; • a consumer reporting agency, if such information is provided to us in connection with your transaction; and • The public records maintained by governmental entities that we either obtain directly from those entities,or from our affiliates and non-affiliates. Our policies regarding the protection of the confidentiality and security of your Personal Information are as follows: • We restrict access to all Personal Information about you to those employees who need to know that information in order to provide products and services to you. • We maintain physical, electronic and procedural safeguards that comply with federal standards to protect your Personal Information from unauthorized access or intrusion. • Employees who violate our strict policies and procedures regarding privacy are subject to disciplinary action. • We regularly assess security standards and procedures to protect against unauthorized access to Personal Information. WE DO NOT DISCLOSE ANY PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT PERMITTED BY LAW. Consistent with applicable privacy laws,there are some situations in which Personal Information may be disclosed.We may disclose your Personal Information when you direct or give us permission;when we are required by law to do so, for example, if we are served a subpoena;or when we suspect fraudulent or criminal activities.We also may disclose your Personal Information when otherwise permitted by applicable privacy laws such as,for example, when disclosure is needed to enforce our rights arising out of any agreement,transaction or relationship with you. Our policy regarding dispute resolution is as follows:Any controversy or claim arising out of or relating to our privacy policy, or the breach thereof,shall be settled by arbitration in accordance with the rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. * Commitment For Title Insurance Issued by Old Republic National Title Insurance Corporation ** (it NOTICE AIL * IMPORTANT-READ CAREFULLY:THIS COMMITMENT IS AN OFFER TO ISSUE ONE OFI MORE TITLE INSURANCE * POLICIES.ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COMPANY INVOLVING THE CONTENT OF THIS * COMMITMENT OFI THE POLICY MUST BE BASED SOLELY IN CONTRACT. THIS COMMITMENT IS NOT AN ABSTRACT OF TITLE,REPORT OF THE CONDITION OF TITLE,LEGAL OPINION,OPINION OF TITLE,OFI OTHER REPRESENTATION OF THE STATUS OF TITLE.THE PROCEDURES USED BY THE COMPANY TO DETERMINE INSURABILITY OF THE TITLE,INCLUDING ANY SEARCH AND EXAMINATION,ARE PROPRIETARY TO THE COMPANY,WERE PERFORMED SOLELY FOR THE BENEFIT OF THE COMPANY,AND CREATE NO EXTRACONTRACTUAL LIABILITY TO ANY PERSON,INCLUDING A PROPOSED INSURED. THE COMPANY'S OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE A POLICY TO A PROPOSED INSURED IDENTIFIED IN SCHEDULE A IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF THIS COMMITMENT.THE COMPANY HAS NO LIABILITY OR OBLIGATION INVOLVING THE CONTENT OF THIS COMMITMENT TO ANY OTHER PERSON.. COMMITMENT TO ISSUE POLICY Subject to the Notice;Schedule B,Part I—Requirements;Schedule B,Part II—Exceptions,:and the Commitment Conditions,Old Republic National Title Insurance Company,a Minnesota corporation(the"Company"),commits to issue the Policy according to the terms and provisions of this Commitment.This Commitment is effective as of the Commitment Date shown in Schedule A for each Policy described in Schedule A,only when the Company has entered in Schedule A both the specified dollar amount as the Proposed Policy Amount and the name of the Proposed Insured.If all of the Schedule B,Part I—Requirements have not been met within 6 months after the Commitment Date,this Commitment terminates and the Company's liability and obligation end. COMMITMENT CONDITIONS 1. DEFINITIONS (a)"Knowledge"or"Known Actual or imputed knowledge,but not constructive notice imparted by the Public Records. (b)"Land The land described in Schedule A and affixed improvements that by law constitute real property.The term"Land"does not include any property beyond the lines of the area described in Schedule A,nor any right,title,interest,estate,or easement in abutting streets,roads,avenues, alleys,lanes,ways,or waterways,but this does not modify or limit the extent that a right of access to and from the Land is to be insured by the Policy. (c)"Mortgage":A mortgage,deed of trust,or other security instrument,including one evidenced by electronic means authorized by law. (d) "Policy":Each contract of title insurance,in a form adopted by the American Land Title Association,issued or to be issued by the Company pursuant to this Commitment. (e) "Proposed Insured":Each person identified in Schedule A as the Proposed Insured of each Policy to be issued pursuant to this Commitment. (f)"Proposed Policy Amount":Each dollar amount specified in Schedule A as the Proposed Policy Amount of each Policy to be issued pursuant to this Commitment. (g)"Public Records Records established under state statutes at the Commitment Date for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without Knowledge. (h)"Title The estate or interest described in Schedule A. 2. If all of the Schedule B,Part I—Requirements have not been met within the time period specified in the Commitment to Issue Policy,Comitment terminates and the Company's liability and obligation end. 3. The Company's liability and obligation is limited by and this Commitment is not valid without: (a)the Notice_ (b)the Commitment to Issue Policy,: (c)the Commitment Conditions_ (d)Schedule A; (e)Schedule B,Part I—Requirements:and (f)Schedule B,Part II—Exceptions;and (g)a counter-signature by the Company or its issuing agent that may be in electronic form. 4. COMPANY'S RIGHT TO AMEND The Company may amend this Commitment at any time.If the Company amends this Commitment to add a defect,lien,encumbrance,adverse claim,or other matter recorded in the Public Records prior to the Commitment Date,any liability of the Company is limited by Commitment Condition 5.The Company shall not be liable for any other amendment to this Commitment. 5. LIMITATIONS OF LIABILITY (a)The Company's liability under Commitment Condition 4 is limited to the Proposed Insured's actual expense incurred in the interval between the Company's delivery to the Proposed Insured of the Commitment and the delivery of the amended Commitment,resulting from the Proposed Insured's good faith reliance to: I. comply with the Schedule B,Part I—Requirements,. ii. eliminate,with the Company's written consent,any Schedule B,Part II—Exceptions,:or iii. acquire the Title or create the Mortgage covered by this Commitment. (b)The Company shall not be liable under Commitment Condition 5(a)if the Proposed Insured requested the amendment or had Knowledge of the matter and did not notify the Company about it in writing. (c)The Company will only have liability under Commitment Condition 4 if the Proposed Insured would not have incurred the expense had the Commitment included the added matter when the Commitment was first delivered to the Proposed Insured. (d)The Company's liability shall not exceed the lesser of the Proposed Insured's actual expense incurred in good faith and described in Commitment Conditions 5(a)(i)through 5(a)(iii)or the Proposed Policy Amount. (e)The Company shall not be liable for the content of the Transaction Identification Data,if any. (f)In no event shall the Company be obligated to issue the Policy referred to in this Commitment unless all of the Schedule 8,Part I—Requirements have been met to the satisfaction of the Company. (g)In any event,the Company's liability is limited by the terms and provisions of the Policy. 6. LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT (a)Only a Proposed Insured identified in Schedule A,and no other person,may make a claim under this Commitment. (b)Any claim must be based in contract and must be restricted solely to the terms and provisions of this Commitment. (c)Until the Policy is issued,this Commitment,as last revised,is the exclusive and entire agreement between the parties with respect to the subject matter of this Commitment and supersedes all prior commitment negotiations,representations,and proposals of any kind,whether written or oral, express or implied,relating to the subject matter of this Commitment. (d)The deletion or modification of any Schedule 8,Part II—Exception does not constitute an agreement or obligation to provide coverage beyond the terms and provisions of this Commitment or the Policy. (e)Any amendment or endorsement to this Commitment must be in writing and authenticated by a person authorized by the Company. (f)When the Policy is issued,all liability and obligation under this Commitment will end and the Company's only liability will be under the Policy. 7. IF THIS COMMITMENT HAS BEEN ISSUED BY AN ISSUING AGENT The issuing agent is the Company's agent only for the limited purpose of issuing title insurance commitments and policies.The issuing agent is not the Company's agent tor the purpose of providing closing or settlement services. 8. PRO-FORMA POLICY The Company may provide,at the request of a Proposed Insured,a pro-forma policy illustrating the coverage that the Company may provide.A pro-forma policy neither reflects the status of Title at the time that the pro-forma policy is delivered to a Proposed Insured,nor is it a commitment to insure. 9. ARBITRATION The Policy contains an arbitration clause.All arbitrable matters when the Proposed Policy Amount is$2,000,000 or less shall be arbitrated at the option of either the Company or the Proposed Insured as the exclusive remedy of the parties.A Proposed Insured may review a copy of the arbitration rules at http://www.alta.orgiarbitration. IN WITNESS WHEREOF,Land Title Insurance Corporation has caused its corporate name and seal to be affixed by its duly authorized officers on the date shown in Schedule A to be valid when countersigned by a validating officer or other authorized signatory. Issued by: ,+' Yir '• Old Republic National Title Insurance Company, a Stock ,�, Land Title Guarantee `., r. ha' * '4,6, Company , Company ` �* : 400 Second Avenue South 3033 East First Avenue Suite = 9 4, * 7 Minneapolis, Minnesota 55401 600 175 (612)371-1111 Denver, Colorado 80206 =e * * a'p•`` 303-321-1880 It4/97447 4 44444444 7kf+ Mark Bilbrey, President President Rande Yeager, Secretary This page is only a part of a 2016 ALTAOA Commitment for Title Insurance issued by Land Title Insurance Corporation.This Commitment is not valid without the Notice;the Commitment to Issue Policy,the Commitment Conditions;Schedule A;Schedule 8,Part I—Requirements,and Schedule 8,Part II—Exceptions;and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association.All rights reserved. The use of this Form(or any derivative thereof)is restricted to ALTA licensees and ALTA members in good standing as of the date of use.All other uses are prohibited.Reprinted under license from the American Land Title Association. 111111111111111111111111 Il1II 1111111111111 ilL Ill 2803997 11101/2000 02:19P JA Suki Tsukamota CORRECTED PLAT I . S 1=3 416 qq Z i .n‘i , (fid-ut-f VISTA COMMERCIAL CENTER FILING II A PART OF THE 5172 OF SECTION 5 & NI / 2 OF SECTION 8 , T2N , R6BW , OF THE 6TH P . M . ,il WELD COUNTY , COLORADO Dedication and Legal Description VICINITY MAP KNOW ALL MEN BY THOSE PRESENT THAT HORIZON INVESTMENTS. LLC AND FIRST NATIONAL BANK OF LONGMONT. BEING THE OWNER, MORTGAGEE OR LIENHOLDER OF CERTAIN LANDS IN WELD COUNTY, COLORADO. DESCRIBED AS IREA' i• v1 S TE IV *L- ___:__.....74 - - FOLLOWS: - o/' �- T�- T' ii.. 6 ° A TRACT OF LAND LOCATED IN PART OF THE SOUTH 1/2 OF SECTION 5 AND THE NORTH 1/2 OF SECTION 8, T2N. . OCTOBER 2000R68W. OF THE 6TH P. M. . WELD COUNTY, COLORADO BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH WEST CORNER OF SECTION 8 AND CONSIDERING THE NORTH LINE OF SECTION 8 TO BE ON SOUTH a` 88 '18 ' 18" EAST WITH ALL BEARINGS RELATIVE THERE TO: • wq THENCE SOUTH 00 '38 ' 22" EAST, 139. 70 FEET TO THE TRUE POINT OF BEGINNING: '• '� THENCE NORTH 88 '15 ' 44" EAST. 2374. 39 FEET TO THE NORTHEAST CORNER OF SAID TRACT WHOSE CORNER IS i� A� �'� COMMON WITH THE NORTHWEST OF THE SECOND CORRECTED PLAT OF VISTA COMMERCIAL CENTER AS RECORDED UNDER �' (-----STAT____'H' ,/ RECEPTION #2566006 OF WELD COUNTY RECORD: THENCE ALONG THE WEST LINE OF SAID SECOND CORRECTED PLAT OF VISTA COMMERCIAL CENTER THE FOLLOWING I t. FIVE (5) '• al q,lwrerasmane •. WY. _119 4!_� - _. , OWNER COURSES: • _ --_ _ HORIZON INVESTMENT, LLC NORTH 89 '26 ' 06" WESTSOUTH 00 '33 ' 54" . 18. 00 FEET: SOUTH 00 '33 ' 5040L::::: 4' WES1-2:21:61.7:76:01 , 677. 33 FEET:'‘14.1��: Pir : WCR 5 520 MAIN STREET, SUITE A SOUTH 89 '26 ' 06" EAST, 134. 73 FEET: V /� �// - �`: LONGMONT, COLORADO 80501 SOUTH 00 .29 ' 57' EAST, 324. 20 FEET TO THE SOUTH LINE NE 1/4, NW 1/4 OF SAID SECTION 8 FROM WHENCE THE i,. �� /` /�% . - ,,. . SOUTHEAST CORNER OF THE NE 1/4. NW 1/4, SECTION 8 BEARS SOUTH 88 '20 ' 51 " EAST. 172. 24 FEET: �r �� %�/ // % ill!"- THENCE NORTH 8$ '20 ' 51 ' WEST, 2470. 72 FEET ALONG SAID SOUTH LINE TO THE WEST LINE OF THE NE 1/4, NW ( •-- .. i FIRST NATIONAL BANK OF LONGMONT 1/4: . "�/ .--. �, .`.,�;, r ,, I THENCE NORTH 00 38 22" WEST, 1186. 41 FEET TO THE TRUE PRINT OF BEGINNING. >� `;�� -,. 4D 1 MAIN STREET CONTAINING 68. 67 ACRES, MORE OR LESS. HAVE BY THESE PRESENTS LAID OUT, PLATTED, AND SUBDIVIDED THE \ r �'� �' r' SAME INTO LOTS AND BLOCKS, AS SHOWN ON THIS PLAT, UNDER THE NAME AND STYLE OF SECOND CORRECTED PLAT q. ' i fc =;":.r—...c��,"• .. i LONGMONT, COLORADO 80501 VISTA COMMERCIAL CENTER, FILING I I AND DO HEREBY DEDICATE TD THE BOARD OF COUNTY COMMISSIONERS. �� ' �r �. - ' PUBLIC. SCHOOL DISTRICT, OWNERS AND FUTURE OWNERS DF THIS SUBDIVISION ALL WAYS, PUBLIC RIGHTS-OF-WAY. jr \__ ice : vR s- EASEMENTS. PARKS AND OPEN SPACE. AND OTHER PUBLIC RIGHTS-OF-WAY AND EASEMENTS FOR PURPOSES SHOWN ,,„, ' �1. / ,... ., HEREON. ir--4111.44, , ,` '�iii ' r fi Y• . ' 1 EXECUTED THIS '`_ DAY OF t� A. D. . 2000 :� ,.. .�� } �;� ,fir t ENGINEER z t �. (togi •As�� , �. N �.tr.ea acs Q7jQ, I �, � e PICKETT ENGINEERING. INC . HORIZON INVEST , LLC�// / -' FIRST NATIONAL BAOF LONGMONT i q • 49 - I 822 7TH STREET, SUITE 210 ._ o " GREELEY, CO 80631 State of Colorado ) ti ' if County of weld l ss • wt�� .. -- —_ - . • L 11 • n r..: NOT TO SCALE r (I e i ( The foregoing dedication, by Au55eI1 ty An aso 1 (NAME) (TITLE) 4 ,. NOTE: 1 I # �'^C "t for ORIZON INVESTMENTS. LLC, was acknowledged before me this /0"day of ethiber* . ��• RECORDATION OF THIS PLAT DOES HEREBY REPLACE AND g y ' •42P I" - SUPERCEDE THAT CERTAIN SINGLE PAGE PLAT LABELED AS 20 II "CORRECTED PLAT VISTA COMMERCIAL CENTER FILING II " �—i P II eD ;._ is r# AS RECORDED MAY 24, 2000 AT RECEPTION NO. 2770440 My Commission expires A. 7G. a4o?003 mss d and seal . < < WHICH IS HEREBY DECLARED TO BE NULL AND VOID. O:• ';C1 • t (ZI JULIE K. •• e y Publ i iNGRAM , o CURVE TABLE 1 . THE USES PERMITTED WITHIN THE PUD FINAL PLAN, FILING II FOR THE VISTA 16. THE USES WITHIN THE PUD FINAL PLAN, FILING II SHALL MAINTAIN State of Colorado ) 4 •---•••'vo��c CURVE RADIUS DELTA ARC LENGTH CHORD BEARING COMMERCIAL CENTER. INCLUDE 40 LOTS FOR I--1 AD C-3 USES WHICH COMPLY COMPLIANCE AT ALL TIMES WITH THE COLORADO DIVISION OF WATER RESOURCES ) ss aFco C1 30 . 00 ' 90 '00 ' 00" 47. 12 ' 42. 43 ' N45 '38 ' 22"W WITH THE PUD DISTRICT REQUIREMENTS AND AS DESCRIBED IN THE REQUIREMENTS AND STANDARDS. A WATER SUPPLY INFORMATION SUMMARY SHALL County of Weld ) `_ �� ff 1 C2 30 . 00 ' 90 '00 ' 00" 47 . 12 ' 42 . 43 ' N44 '21 ' 38"E APPLICATION MATERIALS. BE SUBMITTED TO THE COLORADO DIVISION OF WATER RESOURCES. The foregoing dedication, by C4b('k5 € A1/en, iS: Ott idea+ C3 6000 . 00 ' 4 '23' 35" 460 . 03 ' 459. 92 ' S87 '09 ' 51 "W 2. APPROVAL OF THIS PLAN MAY CREATE A VESTED PROPERTY RIGHT PURSUANT TO 17. USES IN THE PUD DISTRICT INVOLVING OUTDOOR STORAGE OF VEHICLES, (NAME) (TITLE) ,,�� jj C4 5960 . 00 ' 4 '23 ' 35" 456. 96 ' 456. 85 ' S8 '09 ' 51 "W SECTION 90 OF THE WELD COUNTY ZONING ORDINANCE . EQUIPMENT, OR MATERIALS SHALL BE SCREENED FROM PUBLIC RIGHTS-OF-WAY AND for__FIRST NATIONAL BANK OF LONGMONT. was acknowledged before me this / day of O ADJACENT PROPERTIES. 7 "\C5 60x0 . 00 ' 4 '23' 35" 463. 10 ' 462. 98 ' N8709 ' Sl "E 203. LEFT HAND WATER DISTRICT SHALL PROVIDE DOMESTIC WATER SERVICE TO ALLC6 5960 . 00 ' 057 ' 45" 100 . 13 ' 100 . 13 ' N8852 ' 45"E USES WITHIN THE PUD DISTRICT . 18. ALL DEVELOPMENT SHALL BE SUBJECT TO THE REQUIREMENTS OF THE PUD •C7 5960 . 00 ' 201 ' 12" 210 . 14 ' 210 . 12 ' N8723 ' 16"E DISTRICT, AS APPROVED APRIL 1, 1992, BY THE BOARD OF COUNTY COMMISSIONERSMy Commission expires a�1 aoa3 Q'.'•Witri BO'fy hand and seal . 4. ST. VRAIN SANITATION DISTRICT SHALL PROVIDE SEWAGE DISPOSAL TO ALL USES (COZ #465) . : o,. C8 5960 . 00 ' 1 24 ' 37" 146. 70 ' i46. 69 ' N85 40 ' 22"E . z: 3UL1E K' *..0 i : WITHIN THE PUD DISTRICT . C9 6040 . 00 ' 1 '53' 30" 199. 42 ' 199. 42 ' S88 '24 ' 53"W 19. PRIOR TO THE ISSUANCE OF EACH BUILDING PERMIT: 11stGft— Notar Public ' o : C10 6040. 00 ' 0 '30 ' 17" 53. 20 ' 53. 20 ' S87 '12 ' 59"W 5. INSTALLATION OF ALL UTILITIES SHALL COMPLY WITH SECTION 10. DESIGN A) THE ARCHITECT CONTROL COMMITTEE SHALL PROVIDE A LETTER TO THE Notary S : cl % C11 6040. 00 ' 1 '59 ' 48" 210 . 48 ' 210 . 47 ' S85 '57 ' 57"W STANDARDS, OF THE WELD COUNTY SUBDIVISION ORDINANCE. DEPARTMENT OF PLANNING SERVICES INDICATING ITS APPROVAL OF THE ':�qjF-••-..-0 PROPOSED STRUCTURE. %s. oFc C12 10. 00 ' 93 '26 ' 06" 16. 31 ' 14 . 56 ' 548 .18 ' 54"E 6_ ALL USES WITHIN THE PUD FINAL PLAN, FILING II, SHALL COMPLY WITH THE B) THE APPLICANT SHALL SUBMIT EVIDENCE TO THE DEPARTMENT OF PLANNING Surveying Certificate: ---- C13 10 . 00 ' 86 .33 ' 54" 15. 11 ' 13. 71 ' N41 '41 ' 06"E REQUIREMENTS OF THE MOUNTAIN VIEW FIRE PROTECTION DISTRICT . SERVICES THAT THE PROPOSED FIRE PROTECTION SYSTEM WILL MEET THE C14 6000. 00 ' 5 '35 ' 51 " 586. 16 ' 585. 93 ' 587 .45 ' 59"W STANDARDS OF THE MOUNTAIN VIEW FIRE PROTECTION DISTRICT. PRIOR TO . 7. PRIMARY ACCESS FOR THE DEVELOPMENT IS AT WELD COUNTY ROAD 3. 5. THE THE ISSUANCE OF ANY BUILDING PERMITS ON ANY LOT, ADEQUATE EVIDENCE I, ARTHUR F. UHRICH, a Registered Professional Land Surveyor in the State of Colorado do C15 6040. 00 ' 5 '35 ' 51 " 590 . 07 ' 589. 84 ' S87 .45 ' 59"W DEVELOPMENT CAN ALSO BE SERVED BY WELD COUNTY ROAD 3 AND 5. SHALL BE SUBMITTED TO THE DEPARTMENT OF PLANNING SERVICES THAT THE hereby certify that the survey represented by this plat was made under my personal supervision C16 5960. 00 ' 5 '35 ' 51 " 582. 26 ' 582. 03 ' N87 '45 ' 59"E PROPOSED FIRE PROTECTION SYSTEM WILL MEET THE STANDARDS OF THE and checking. I further certify that the survey and this plat complies with all applicable rules, B. ALL USES WITHIN THE PUD FINAL PLAN, FILING II, SHALL MAINTAIN COMPLIANCE MOUNTAIN VIEW FIRE PROTECTION DISTRICT . regulations, and laws of the State of Colorado, State Board of Registrati r o1 • _ofessional C17 6040. 00 ' 0 '40 ' 09" 70 . 54 ' 70 . 54 ' N85 'i8 ' 08"E AT ALL TIMES WITH THE REQUIREMENTS AND STANDARDS OF THE U. S. ARMY CORPS Engineers and Professional Land Surveyors, and Weld County . - � C18 6040 . 00 ' 1 '55 ' 07" 202. 24 ' 202. 24 ' N86 '35 ' 46"E OF ENGINEERS. 20. PRIOR TO ANY PROPOSED DEVELOPMENT OF ANY LOT WITHIN FILING II OF THE VISTA -c,&sr: - , 0 C19 6040 . 00 ' 0 '15 ' 51" 27. 86 ' 27. 86 ' N87 '41 ' 15"E COMMERCIAL CENTER, A SITE PLAN REVIEW APPLICATION MUST BE SUBMITTED, AlLi. /Q fg �� "ll 'N C20 6040 . 00 ' 1 '55 ' 02" 202. 11 ' 202. 10 ') N88 '46 ' 41 "E 9. STREET SIGNS AND LOT IDENTIFICATION SHALL BE IN PLACE PRIOR TO THE RELEASE REVIEWED, APPROVED, AND ALL CONDITIONS MET FOR THE PROPOSED By: - � _ o a . OF BUILDING PERMITS. DEVELOPMENT, IN ACCORDANCE WITH SECTION 35. 4 OF THE WELD COUNTY ZONING egiste ed Land Surveyor Date ., 9 72 e , . o C21 6040. 00 ' 0 '49 ' 42" 87. 32 ' 87. 32 ' 589 '50 ' 57"E ORDINANCE, ORDINANCE NO. 191, AND THE FOLLOWING STANDARD. 65-1‘1 �� C22 5960. 00 ' 1 '44 ' 32" 181 . 22 ' 181 . 21 ' S85 '50 ' 19"W 10. EXTERIOR ILLUMINATION OF STRUCTURES AND LOTS SHALL BE RESTRICTED AS A) NO MORE THAN EIGHTY (80%) PERCENT OF THE TOTAL AREA OF A LOT SHALL � /8 " r C23 ^5960 . 00 ' 0 '21 ' 38"_ 37 . 50 ' 37. 50 ' S86 '53 ' 24"W FOLLOWS: BE COVERED. of by the County ,,P,--. ��'R ;�,' A) SOURCES OF LIGHT SHALL BE SHIELDED SO THAT BEAMS OF LIGHT WILL NOT " ._:,-- C24 5960. 00 ' 2 "12 ' 47" 230 . 21 ' 230 . 20 ' 588 '10 ' 36"W SHINE DIRECTLY ONTO ADJACENT PROPERTIES. 21 . ALL SIGNAGE AND SETBACKS FOR FILING II OF THE DEVELOPMENT SHALL REMAIN IN This plat is approved by the Board of County Commissioners of Weld County, �tt` of Colorado . i C25 5960 . 00 ' 1 '16 ' 54" 133. 33 ' 133. 32 ' S89 '55 ' 27"W B) NEITHER THE DIRECT OR REFLECTED LIGHT FROM ANY LIGHT SOURCE MAY COMPLIANCE WITH SECTION 42. 3 OF THE WELD COUNTY ZONING ORDINANCE AND Approval of this plat does not constitute acceptance of the roads and rights-of-way for maintenance • o r C26 30 . 00 ' 90 '00 ' 00" 47 . 12 ' 42 . 43 ' N45 '38 ' 22"W CREATE A TRAFFIC HAZARD TO OPERATORS OF MOTOR VEHICLES ON PUBLIC ORDINANCE NO. 191 . by Weld County . The construction, maintenance, snow removal, and all other matters pertaining to OR PRIVATE STREETS. or affecting the roads and rights-of-way are the sole responsibility of the land owners within the ID C27 30 . 00 ' _ 90 .00 '00" 47 . 12 ' 42 . 43 ' N44 '21 ' 38"E 22. PRIOR TO THE SALE OF ANYTHING LESS THAN THE ENTIRE FILING II OF THIS minor subdivision . # C28 10 . 00 ' 90 '57 ' 29" 15. 88 ' 14 . 26 ' 543 '52 ' 54"W DEVELOPMENT, THE BOARD OF COUNTY COMMISSIONERS SHALL REVIEW AND � � o C29 10 . 00 ' 89 '02' 31 " 15. 54 ' 14 . 02 ' N46 '07 ' 07"W 11 . ALL LIQUID AND SOLID WASTES SHALL BE STORED AND REMOVED FOR FINAL APPROVE THE SUBDIVISION AGREEMENTS FOR OFF-SITE AND ON-SITE IMPROVEMENTS Witness my hand and t corporate is "�County this:P7 day of r e. c�-; A. D. , 20 z1)e7 n DISPOSAL IN A MANNER THAT PROTECTS AGAINST SURFACE AND GROUNDWATER AND THE FORM OF COLLATERAL FOR FILING II OF THE VISTA COMMERCIAL CENTER / L I 0 C30 6000 . 00 ' 1 '12' 16" 126. 13 ' 126 . 13 ' N89 '57 ' 46"E CONTAMINATION. PUD. THE SECURITY OF THE AGREEMENT SHALL BE TENDERED AND ACCEPTED BY J / '%�T' ~ 0 C31 6040 . 00 ' 1 '12' 16" 126. 97 ' 126 . 97 ' S89 '57 ' 46"W THE BOARD OF COUNTY COMMISSIONERS FOR THE SUBDIVISION IMPROVEMENTS /�/.�� / `/ ate.. /tU I. . (:"', ..A m 12. NO PERMANENT DISPOSAL OF WASTES SHALL BE PERMITTED AT THIS SITE . AGREEMENT. Chairman Board of Count 7. ommis - io '� l : "' C32 5960 . 00 ' 1 '12 ' 16" 125. 29 ' 125.29 ' N89 •57 46"E '. 0 C33 6040 . 00 ' 1 '03' 44" 111 . 97 ' 111 . 97 ' N89 '53 ' 30"E 13. WASTE MATERIALS SHALL BE HANDLED. STORED, AND DISPOSED IN A MANNER 23. WHEN LOTS ARE SOLD IN MULTIPLES, EASEMENTS SHALL BE DEDICATED THROUGH ATTEST: 622 au _`> Q C34 6040 . 00 ' 0 '08' 32" 15. 00 ' 15 . 00 ' S89 '30 ' 22"E THAT CONTROLS FUGITIVE DUST, BLOWING DEBRIS. AND OTHER POTENTIAL THE SITE PLAN REVIEW PROCESS. UTILITIES AS REPRESENTED ON THE WELD COUNTY "�`"� ` ?`-. .,, ! `�' NUISANCE CONDITIONS. UTILITY COORDINATING ADVISORY COMMITTEE SHALL BE LISTED AS REFERRALS Weld County Clerk to the Board ,ill . o C35 5960 . 00 ' - 1 .12' 16" 125. 29 ' 125. 29 ' S89 '57 ' 46"W • rn DURING THE SITE PLAN REVIEW PROCESS. ' Q NOTICE: ACCORDING TO COLORADO LAW YOU 14 . FUGITIVE DUST SHALL BE CONTROLLED ON THIS SITE . 7' !� / _ ^ ` Cu MUST COMMENCE ANY LEGAL ACTION BASED UPON By: r2 �Y,/� /e' `�..3� - OQ _ 0 ANY DEFECT IN THIS SURVEY WITHIN THREE 15. LANDSCAPING. INCLUDING BUT NOT LIMITED TO TREES, SHRUBS, FENCING, AND Deputy Clerk to ' the Board `-_ Date rn YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. ENTRY SIGNS OR WALLS WILL NOT BE ALLOWED WITHIN THE 180-FOOT RIGHT-OF- A IN NO EVENT MAY ANY ACTION BASED UPON WAY OF STATE HIGHWAY 119 . w ANY DEFECT IN THIS SURVEY BE COMMENCED m MORE THAN TEN YEARS FROM THE DATE OF THE 2 CERTIFICATION SHOWN HEREON. Q a 11101111111111111111! III 11111 III IIii CC MD PLAIT' • 2803997 11/01/2000 02:19P JA Suki Tsukamoto META COMMIERCHAL o:ENTEIR,I210111112111112101.1010111101011.010 Weld County CO WELD COUNTY PARCEL ID # 131305000048 ZONING: AGRICULTURAL GRAPHIC SCALE 1 "=100 ' IEIILING Ell s l=3 4 ¶ 6 43' 24 ms EN um IIIIIIIII NORTH RIGHT-OF-WAY LINE OF 0 100 200 300 COLORADO STATE HIGHWAY #119 2. 59' POINT OF BEGINNING 1 ' NW CDR. SEC. 8, f c0 T.2N.. R.68W. 9TH P.M.FND COLORADO STATE HIGHWAY _ _ - - t ALUMINUM REBAR STAMPED• RIGHT-OF-WAY (180 ' ) _ _ - - - - - - - - AS PER BLM SPECIFICATIONS __ _ - - - � � PLS (28666 _ - __- _ C3) BASIS OF BEARINGS LS f 7233 3 !/2' DIA CAP 1IIIIIII f j... - - - _ - _ S88'18'18"E ON /6X30"NORTH LINE N 1/2 SEC. 8 i/f2APON239 LONGREBAR ACCORDING TO ' 26b7. 19' - - - _ _ M SPECIFICATIONS 500.38'22'E ..i.-—- _ _ _ _ _ _ •3.24' 139.70' ��+— TRUEPOINTOF BEGINNING _ - - - I i i/2• ALUNINl1h! CAP N88'15'44-E 2374.39' i_ •3e S88'15'44'W PLS 6716 40.00' OUTLOT N 32.46' \''''."---ici'll:9-: OT N - � 5. 19 ACRES 5. 19OUTLACRES Ijco r 1 1 of OUTLOT N N .7I 5.19 ACRES N88'24'09"E 2332. 18' r �' � 202.43' J 202. 14' 1 202. 14' n i,., I 0 202.03' [ 202.03' 202.03' o ; 11 -- ' 210.03' 210.03' -1- 1 ` 210.03' 210.03' �.- 40' 180.03' 0 1 Ln a 1 1 - - 37. 16' of in o 3 . m . I 3 ^ '" W 4 to m i 34.00' 0 o w w Cu - 3 o ui 3 N• c� 2 t o tv vs w a i,; O N o N . `. 4 N A 44233 SO FT :"' 45142 SO FT +N to el tai O '� . •m cv 6 tv •m 46698 5SO FT :"� 44788 SO FT N o x 1.02 ACRES N oo 3.04 ACRES v i = lu �y ^ �n1.03 ACRES 40' RIGHT-OF-WAY a �{ z LL' �} N +� o N 7 • m 49141 SO FT m 1.07 ACRES a co �' AS RECORDED z n m Q11 N . 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O t w z O I ►' o Z I I to a f m1'mt i 1 1 218.22' - 240.00' 240.00' 240.03 229.86' 2.86' CC3f33 220.00' /37.42. 230.00' 230.00' �s 1340.27 SKYWAY DRIVE - - - N89'21'38-E C30 _ - - - •g - - - - - - - - o 989'26'06"E o -- _ _ - - _ - - - - - - - t - - - - - m - N89'21'38'E 152.03' 717.42' o C32 N8_ r 178.03' _ 200.00' 200.00' ��! 200.00' - 200.00' - 200.00' 244.27' _ C35 119.09' - 244.35' 9' 06'W 134.73' r 244,35' 244.35' 1 I I ! t 1 I 1 iv o 1 cu w t CO� Q �1 W W I,l W W O I r N Cu ID N! 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LS 023500 o I 1 . ZONING FOR VISTA COMERCIAL CENTER .PUD IS LIGHT INDUSTRIAL (I-1) & 0 m NORTH LINE OF THE NORTHWEST QUARTER (NW 1/4) COMMERCIAL (C-3) p � CHANGE TO PLAT OF SECTION 8 TO BEAR SOUTH 88'18'18' EAST 2. EASEMENTS SHOWN ARE O. WITH ALL BEARINGS RELATIVE THERETO. a p RENUMBER LOTS IN BLOCK 5 15 ' DRAINAGE & UTILITY UNLESS NOTE: � 0 OTHERWISE NOTED. �-� ",'_ -t\::;.05, �' RECORDATION OF THIS PLAT DOES HEREBY REPLACE AND :,;.,, -'•*--: (4'4. • o Q BLOCK NUMBER 3. DRAINAS MAY BE USED FOR SUPERCEDE THAT CERTAIN SINGLE PAGE PLAT LABELED AS er a DRAINAGE & UTILITIES "CORRECTED PLAT VISTA COMMERCIAL CENTER FILING II " � ': 4 LOT NUMBER AS RECORDED MAY 24, 2000 AT RECEPTION NO . 2770440 ' ' = f. 0 4 . BASIS OF BEARINGS: NORTH LINE OF THE WHICH IS HEREBY DECLARED TO BE NULL AND VOID. 2 9 I ■ INDICATES MONUMENTS FOUND /�,. ,o at • NORTHWEST QUARTER (1/4) OF SECTION 8 rc TO BEAR SOUTH 88 '18 ' 18" EAST, 2667. 19 FT ' a INDICATES SET LS #7239 AS RECORDED UNDER RECEPTION NO. 2556606 0 OF WELD COUNTY RECORDS WITH ALL a, BEARINGS RELATIVE THERETO. tv to s ,gin J O. 4 : ] 40 AE0 02292346- 05/18/92 17.07 '/�52 ;p{ nhn x i4 WELL)CO..CO " :.': nR2x923k,., RICHARDSON PUD ZONE CHANGE A PART OF THE S 1/2 SECTION 5 8 N 1/2 OF SECT/ON 8, T2N, R68W OF THE 6th PM, WELD COUNTY PARCEL ID a WELD COUNTY WELD CbUN7-YPAHCEL!D COLORADO 13,304000042 1 WELD COUNTYPARCEL/D o/3/305000047 ZONING AGRICULTURAL • ZONING AGRICULTURAL ZONING-AGRICULTURAL \ WELL'COWJTYPARCEL!p# WELD C0L%1TYPARCEL 10 a T /3/30500000/ • /3/305000049 g� h M1•GOR SEG.8. 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Anwair on or o rarer- 0910 Y'¢6RM il.Manta --- Funs '� ' exa o. ea.rue cr ursm . �l °sT3.7..so°xaz°offornw xsm m Z— 465 ��o�,n VICINITY MAP �°°°T�e "°°" A°' SCALE:r -5000' w -a x+ aP - - _ anon.*ono sea is le,"'� "'..r��oe'iewe x�rcxau X74 RESOLUTION RE: GRANT SITE SPECIFIC DEVELOPMENT PLAN AND PUD tPLANNED UNIT DEVELOPMENT)FINAL PLAN,S C-3 USES-HORIZON INVESTMENTS,'LLC IOR VISTA COMMERCIAL AND CENTER,A 40-LOT SUBDIVISION FOR I-1 FILING II 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,a public hearing was held on the 23rd day of April. 1997,at 10:00 a.m. for the purpose of hearing the application of Horizon Investments, LLC f Vista Commercial Center, Filing Il, 1836 Faith Place, Longmont,Colorado 80501, requesting a Site Specific Development Pla and C 3 uses (Planned and PUD forra parcelUnit Development)Final Plan, S#416,for a of land located on the following described l for!-1 ribed real estate,to- it A portion located in the S112 of Section 5,Township 2 North, Range 66,and a portion located in the N112 of Section 8. Township 2 North,Range 68 West of the 6th P.M_,Weld County, Colorado WHEREAS,the applicant was represented by Kris Pickett, Pickett Engineering, and WHEREAS,Section 28.14 of the Weld County Zoning Ordinance provides standards for review of such a PUD Final Plan,and WHEREAS, the Board of County Commissioners heard ail the the recommendations and dailans of statements of those present,studied the request of the applicant ppi cn the Weld County Planning Commission, and,having been fully informed, finds that this request shall be approved for the following reasons: 1. The applicant has complied with all the application requirements listed in Section 28.9 et seq., of the Weld County Zoning Ordinance. 2. The request is in conformance with Section 28.14 of the Weld County Zoning Ordinance as follows: A. The proposed PUD Final Plan,Filing il,is consistent with the Weld County Comprehensive Plan. The attached Conditions of Approval shall make the development compatible with current and future development in the area, including the first filing of this development, and shall be compatible with the future development and plans of affected municipalities. The City of Longmont and the Town of Mead have reviewed this request. 970790 £, 12L) ffG � t£))• PL0862 PUD FINAL PLAN -HORIZON INVESTMENTS/VISTA COMMERCIAL CENTER, FILING II PAGE 2 B. The PUD Final Plan shall maintain compliance with the existing PUD District on the subject property- Any development occurring on the subject property shall require the review and approval of a Site Plan Review,which wall be subject to all applicable standards, including Ordinance No. 191, The Weld County Utility Coordinating Advisory Committee reviewed and conditionally approved the PUD utility plan at the February 13, 1997, meeting. The concerns of the Utility Coordinating Advisory Committee are addressed in the Conditions of Approval. C. The uses,buildings, and structures shall be compatible with the existing and future development of the surrounding areas as permitted by the existing PUD District and Site Plan Review requirements. D. The preposed PUD Final Plan, Filing II, standards in Section 35.3 of the WeIdCou County Zoning Ordinan performance e E. The proposed PUD Final Plan, Filing II,will be in compliance with the Weld County Zoning Ordinance,Section 50, Overlay Districts, The site is not located within any of the Overlay Districts. NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado,that the application of Horizon Investments, LLC/Vista Commercial Center,Filing II, for a Site Specific Development Plan and PUD(Planned Unit Development) Final Plan. granted subjct subdivision for la foAowirsg conditions:conditions:l and C-3 uses on s the above referenced parcel 0fland be,and hereby is. 1. Prior to recording the PUD Final Plan, Filing II, plat: A The PUD Final Plan, Filing II, shall be amended to comply with the Conditions of Approval by the Weld County Utility Coordinating i Advisory Committee upon the in the owirlg: February 13, 1997, meeting. The approval was conditional (1) The following note shall be placed on the plat: When lots are sold in multiples, easements shall be dedicated through the Site Plan Review process. Utilities as represented on the Weld County Utility Coordinating Advisory Committee shall be listed as referrals during the Site Plan Review process. B. The applicant shall submit a signed and stamped copy of the drainage report for the development. 2. The following notes shall be placed on the PUD Final Plan, Filing Il, plat prior to recording: A. The uses permitted within the PUD Final Plan. Filing II,for the Vista Commercial Center, include 40 lots for I-1 and C-3 uses which comply with the PUD District requirements and as described in the application materials. 970790 PL0862 PLID FINAL PLAN -HORIZON INVESTMENTS I VISTA COMMERCIAL CENTER, FILING II PAGE 3 B. Approval of this plan may create a vested property right pursuant to Section 90 of the Weld County Zoning Ordinance. C. Left Hand Water District shall provide domestic water service to all uses within the PUD District. D. St, Vrain Sanitation District shall provide sewage disposal to all uses within the PUD District. E. Installation of all utilities shall comply with Section 10, Design Standards, of the Weld County Subdivision Ordinance. F. All uses within the PUD Final Plan, Filing II, shall comply with the requirements of the Mountain View Fire Protection District. G. Primary access for the development is at Weld County Road 3.5. The development can also be served by Weld County Roads 3 and 5. H. All uses within the PUD Final Plan, Filing II, shall maintain compliance at all times with the requirements and standards of the U. S. Department of Army, Corps of Engineers. I_ Street signs and lot identification shall be in place prior to the release of building permits. J. Exterior illumination of structures and lots shall be restricted as follows: (1) Sources of light shall be shielded so that beams of light will not shine directly onto adjacent properties (2) Neither the direct or reflected light from any light source may create a traffic hazard to operators of motor vehicles on public or private streets. K. All liquid and solid wastes shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. L. No permanent disposal of wastes shall be permitted at this site. M. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. N. Fugitive dust shall be controlled on this site. O. Landscaping, including but not limited to trees,shrubs,fencing, and entry signs or walls,will not be allowed within the 180-foot right-of-way of State Highway 119. 970790 PL0862 PUD FINAL PLAN-HORIZON INVESTMENTS/VISTA COMMERCIAL CENTER, FILING II PAGE 4 P. The uses within the PUD Final Plan, Filing II, shall maintain compliance at all times with the Colorado Division of Water Resources requirements and standards. A Water Supply Information Summary shall be submitted to the Colorado Division of Water Resources. Q. Uses in the PUD District involving outdoor storage of vehicles, equipment, or materials shall be screened from public rights-of-way and adjacent properties. R. All development shall be subject to the requirements of the PUD District, as approved April 1, 1992, by the Board of County Commissioners(COZ#465). S. Prior to the issuance of each building permit: (1) The Architectural Control Committee shall provide a letter to the Department of Planning Services indicating its approval of the proposed structure. (2) The applicant shall submit evidence to the Department of Planning Services that the proposed tire protection system wall meet the standards of the Mountain View Fire Protection District. Prior to the issuance of any building permits on any lot, adequate evidence shall be submitted to the Department of Planning Services that the proposed fire protection system will meet the standards of the Mountain View Fire Protection District. T, Prior to any proposed development of any lot within Filing II of the Vista Commercial Center, a Sate Plan Review application must be submitted, reviewed, approved, and all conditions met for the proposed development, in accordance with Section 35,4 of the Weld County Zoning Ordinance, Ordinance No, 191, and the following standard: (1) No more than eighty(80%) percent of the total area of a lot shall be covered. U. All signage and setbacks for Filing II of the development shall remain in compliance with Section 42.3 of the Weld County Zoning Ordinance and Ordinance No. 191. V. Prior to the sale of anything less than the entire Filing II of this development, the Board of County Commissioners shall review and approve the subdivision agreements for off-site and on-site Improvements and the form of collateral for Filing II of the Vista Commercial Center PUD. The security for the agreement shall be tendered and accepted by the Board of County Commissioners for the subdivision improvements agreement. 970790 PL0862 PUD FINAL PLAN-HORIZON INVESTMENTS/VISTA COMMERCIAL CENTER, FILING II PAGE 5 3. The applicant shall comply with the requirements listed in the memorandum from Don Carroll, Public Works Department, dated February 10, 1 9-97, 4. The applicant shall comply with all requirements and standards of the Colorado Department of Transportation. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 23rd day of April,A.D., 1997. r.rr BOARD OF COUNTY COMMISSIONERS 4NEL.D OUNTY,CO ORADO �k41411/Pia.44 -* nty Clerk to the Board Georg Baxter, Chair )+r►r EXCUSED Oki . ,}f Ynag tance L. Harbert, Pro-T m Deputy Cr to the Board Dale K. Hall APPFO DAS RM. EXCUSED DATE OF SIGNING (AYE) Barbara J. Kirkmeyer unty Att rney L-L 7 W. H. ebster 970790 PL0862 4359018 12/11/2017 02:07 PM Total Pages: 2 Rec Fee: $18.00 Carly Koppes - Clerk and Recorder, Weld County, CO AGREEMENT THIS AGREEMENT is made and entered into by and between GLEN & JEAN JOHNSON CO., L.P., a Nevada limited partnership ("Johnson"), and FRONTIER COMPANIES, LLC, a Colorado limited liability company("Frontier"). WITNESSETH: A. Johnson is the owner of Lot 9 and 10, Block 6, and Lots 3, 4, 5, 6, 7 and 8, Block 7, Phase II Vista Commercial Center, Filing II, Second Corrected Plat, Weld County, Colorado, all being a part of Sections 5 and 8, Township 2 North, Range 68 West of the 6th P.M., Weld County, Colorado. B. Frontier is the owner of Lot 11, Block 6, Phase II Vista Commercial Center, Filing II, Second Corrected Plat, Weld County, Colorado, all being a part of Sections 5 and 8, Township 2 North, Range 68 West of the 6th P.M., Weld County, Colorado. C. By a document entitled Vista Commercial Center Overlay dated July 5, 2004 and recorded July 20, 2004, at Reception No. 3200287 of the records of the Weld County Clerk and Recorder (the "Overlay"), Horizon Investments Phase Two, LLC ("Horizon"), as "Declarant", attempted to place certain covenants, condition and restrictions on the lots owned by Johnson and the lot owned by Frontier as referenced above. D. Horizon was not and still is not the Declarant for Phase II Vista Commercial Center and did not have the authority to prepare and record the Overlay. E. Johnson and Frontier now wish to cancel the Overlay. NOW, THEREFORE, it is agreed as follows: The undersigned being the owners of all of the lots referenced in the Overlay hereby revoke said Overlay in its entirety and state that the same is of no further force and effect. y DATED this ;.' 'day of :si� t:. , 20 11, GLEN& EAN JOHNSON CO.,L.P., a Nevada mited partn hip By: Prin ame: A Title: D (1OO4/ 4359018 12/11/2017 02:07 PM - Page 2 of 2 FRONTIER COMPANIES, LLC, a Colorado limited liability company, By: :, -'.— � —� a )dint Name: y/ i ,644 + CE Title: — /41,1171X-. -- STATE OF COLORADO ) )ss. COUNTY OF LARIMER ) Subscribed and sworn to before me this IC4- day of ''rib<..) , 201 j, by 1i4 �'•�+�KyQ�1 as trpollatf2ukmapinn behalf of GLEN & JEAN OHNSON CO., L.P., a Nevada limited p nership. KALENN O'LEARY UBLIC Witness my hand and official seal. NOTARY STATE OF COLORADO NOTARY ID 20124027397 My commission expires: COMMISSION EXPIRES APR 30,2020 April SO 2.°m° o y lic STATE OF COLORADO ) )ss. COUNTY OF LARIMER ) 141R/M/' ' i.' $ubscri sworn to before me this 2P day of/ �1/cfot - , 20 by 7 f l- ' t c as 4,1,Ke 4"4, c on behalf of FRONTIER COMPANIES,LLC. a Colorado limited liability company. Witness my hand and official seal. My commission expires: DEBRA ANN Firer NOTARY PUBLIC Notary Public STATE OF COLORADO NOTARY ID 20094012510 MY COMMISSION EXPIRES APRIL 23,2021 J:\Rea]EstateUDVUohnson-Vista CommerciallAGREEMENT.doc 7 Recording Information: `�� I101111111 III ILItt iiiir��I lilt 1111II 3200287 07/20/2004 10:04A Weld County, nt , ��I� I 1 of 19 R 96.00 D 0.00 Steve Moreno Clerk& Recorder VISTA COMMERCIAL CENTER OVERLAY AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS AFFECTING CERTAIN PARCELS INCLUDED IN THE ORIGINAL VISTA COMMERCIAL CENTER HoPP & ASSOCIATES,PC ,cr i" r+-• CONTENTS IJill Oil 11111IllllllHIIIII MIN IllMINI 3200287 07/20/2004 10:04A Weld County, Co 2 of 19 9 96.00 D 0.00 Steve Moreno Clerk& Recorder RECITALS STATEMENT OF PURPOSE 2 Article I. Declaration and Definitions 2 Section 1.01. Declaration 2 Section 1.02. Definitions 3 Article 11. Name and Description of Real Estate 3 Section 2.01. Name of Common Interest Community and Association 4 Section 2.02. Description of Real Estate 4 Article III. Owners' Association 4 Article IV. Association Budget 4 Article V. Architectural Control Committee 4 Section 5,01. Architectural Control Committee, Protector Member 5 Section 5.02, Architectural Control Committee, Protector Member Duties 5 Section 5.03. Architectural Control Committee, Protector Member Veto 5 Section 5.04. Design Guidelines . 6 Section 5.04(a). Architectural Standards, Development Standards, Buildings 6 Section 5.04(b)_ Architectural Standards, Development Standards, Elevations 6 Section 5.04(c). Architectural Standards,Development Standards, Floor Area Ratio/Bulk Restrictions 6 Section 5.04(d). Architectural Standards, Development Standards, Mechanical Structures 7 Section 5,04(e)_ Architectural Standards, Development Standards, Building Materials and Design, Exterior Walls 7 Section 5.04f0. Architectural Standards, Development Standards, Roof Design 7 Section 5.04(g). Architectural Standards, Development Standards, Roof Materials 8 Section 5.04(h)Architectural Standards, Development Standards, Canopies 8 Article VI. Lots 8 Article VII. Covenants for Assessments 8 Article VIII. Development Rights and Other Special Declarant Rights 8 Article IX. Allocated Interests 9 Article X. Restriction on Use 9 HOPP & ASSOCIATES, PC 'note xOa • 77i, • 40-IC Lo,wm,,nr Soco1 'FRY X03 • FiR7 • 2777 CONTENTS Section 10.04. Signs 9 Section 10.04(h) Prohibited Signs 9 Section 10.04(c) Prohibited Banners 9 Section 10.04(d) Permitted Signs 10 Section 10.04(d)(1). Ground signs 10 Section 10.04(4)(2). Ground sign size and dimension 10 Section 10.04(d)(3). Wall signs 10 Section 10.04(d)(4). Sign lettering and lighting 10 Section 10.05(a)Parking 11 Section 10.12. Permitted Uses 11 Section 10.12(a). Further Restrictions On Permitted Uses 11 Section 10.13. Conformity with Ordinances 12 Section 10.14. Variances 13 Section 10,15. Building Permits 13 Section 10.16. Conformity with Original Declaration 13 Section 10.17. Restricted Uses 13 Article Xl. Easements and Licenses 15 Article X11. General Provisions 15 111111111111 Ili111111111 I.II 111111111111 III 11111 IIII iII 3200287 07120/2004 10:04A Weld County, CO 3 of 19 R 96.00 D 0.00 Steve Moreno Clerk& Recorder HOPP & ASSOCIATES, PC Thciriz 104 • 771, •ande Lmwnuer.Colorado fiaeo1 111111111111$11111 1111111111 jlll�iil 1�I ii�l�iil fir 3200287 07120/2004 10:04A weld Coutlty, Co 4 al 19 H. 96.00 D 0.00 Steve Moreno Clerk 8 Recorder VISTA COMMERCIAL CENTER OVERLAY AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RE- STRICTIONS AFFECTING CERTAIN PARCELS INCLUDED IN THE ORIGINAL VISTA COM- MERCIAL CENTER. Houton Investments Phase H, LLC, known as the "Declarant", makes this Declaration, Amendment and Restatement of Covenants, Conditions and Restrictions this 5th day of July, 2004, and hereby states as follows: RECITALS Declarant is the Developer of certain real property in Weld County, Colorado more par- ticularly described as Lots 1 through 38 of the Vista Commercial Center, the Plat of which was recorded on August 28, 1997, in the real property records of Weld County in Book 1623 as Reception Number 2566006 and in the Vista Commercial Center, Filing II, Second Corrected Plat recorded November 1, 2000 in the real property records of Weld County as Reception Number 2803997. This Amended and Restated Declaration of Covenants, Conditions and Restrictions for the Vista Commercial Center shall apply only to designated lots to he included in this Overlay as follows: Lots 9, I 0 and 11, Block 6; and Lots 3, 4, 5, 6, 7 and 8, Block 7, Phase II Vista Commercial Center, Filing H, Second Corrected Plat, Weld County, Colorado, all being a part of Sections 5 and 8, Township 2 North, Range 68 West of the 6th P.M., Weld County, Colorado. Hy a Declaration of Covenants, Conditions and Restrictions for the Vista Commercial Center recorded in the real property records of Weld County, Colorado on August 7, 1997 in book 1620 as Reception Number 2562470 as thereafter amended and re-recorded in the real property records of Weld County, Colorado April 22, 1998 as Reception Num- ber 2607807 (including all property additions, amendments and restatements thereto, hereinafter deemed the "Original 'Declaration"), Declarant submitted the original property as well as additional property to the terms and conditions of the Original Declaration, as amended. Declarant, as the owner of all of the lots subject to this Overlay, now desires to modify, amend and restate certain provision of the Original Declaration, as amended, and to that end executes this Amended and Restated Declaration of Covenants, Conditions and Re- strictions for the Vista Commercial Center, with the intent that, when duly recorded in the real property records of Weld County, Colorado, the terms hereof shall amend and sup- 1111111111111111111111111111111!FUME11111VISTA COMM)RCIAL CENTER OVERLAY32002B7 07/20/2004 ill 04A ldCounty, CO111 6of19ti96.00f10.ppStevoreno Clerk & Recorder plernent, to the extent herein provided, the Original Declaration, as amended, and with the further intent that all interest in the Overlay lots as designated above which are con- veyed after the recording hereof shall be subject to the terms, protective covenants, con- ditions, restrictions, reservations, liens and charges as hereinafter set forth. STATEMENT OF PURPOSE The Declarant establishes this Vista Commercial Center Overlay, with the following goals and for the following purposes: V The original Vista Commercial Center envisioned a planned development that included a general mix of industrial, manufacturing, business and commercial uses, some of which may he unsuitable or incompatible with "Class A" office and commercial facilities. V By providing a separate and distinct physical area designated as and limited to the Overlay, the Declarant can provide a covenant controlled area within the Vista Commercial Center devoted to uses and functions suitable and compati- ble with "Class A" commercial office facilities or scientific research and de- velopment facilities, acceptable commercial uses, and compatible accessory uses thereto. V The original purposes of the Vista Commercial Center included numerous general and specific provisions that apply to both the original planned devel- opment as well as to the lots included in this Overlay. Declarant intends this declaration to be subject to and include all provisions of the Original Declara- tion, as amended, except those terms, protective covenants, conditions, re- strictions, reservations, liens and charges as hereinafter set forth that amend and supplement the Original Declaration, as amended. Article I. Declaration and Definitions Section 1.01..Declaration Declarant hereby establishes the Vista Commercial Center Overlay which shall encom- pass the subject lots in the Vista Commercial Center as hereinabove defined, and submits • the following Covenants, Conditions and Restrictions, which shall run with the land and shall be binding upon all parties having any right, title or interest thereto, whether by deed or lease making reference hereto, and which shall inure to the benefit of the Declar- ant and every owner of any defined lot in the Vista Commercial Center Overlay or any portion thereof. This declaration amends and supplements the original Declaration of Covenants, Conditions and Restrictions for the Vista Commercial Center recorded in the real property records of Weld County, Colorado on August 7, 1997 in Book 1620 as Re- Hair & AssncikrEs, PC rF't =104 • 776 •.70dc Iannrrtnni Co(aradi soroi 'Paz zo1 • 68a • 7777 VISTA COMMERCIAL CENTER OVERLAY 1 1111111M In III Ill!1111! 0287 07/20/2004 10:04A Weld�o !It 11111 Ill!�I1�1 ty, CO 0 9 fl 96.00 0 0.00 Steve Moreno Clerk& Recorder ception Number 2562470 as thereafter amended, restated, replaced and re-recorded in the real property records of Weld County, Colorado April 22, 1998 as Reception Number 2607807, and all amendments thereto. Section .1.02, Definitions The Definitions as contained in the Original Declaration, as amended, arc applicable to this Declaration with the following additions: (x) "Declaration" is defined as the Original Declaration of Covenants, Conditions and Restrictions for Vista Commercial Center, as amended from time to time, as well as this Declaration establishing the Vista Commercial Center Overlay. (x) "Design Guidelines" are the Vista Commercial Center Design Guidelines as amended and supplemented by the Vista Commercial Center Overlay Design Guidelines. (x) "Overlay Lots" are considered Lots as defined in the Original Declaration; however, this Declaration shall include and apply only to those Lots included or subsequently added to this Overlay as follows: Lots 9, 10 and 11, Block 6; and Lots 3, 4, 5, 6, 7 and 8, Block 7, Phase II, VISTA COMMERCIAL CENTER, FILING II, Second Corrected Plat, Weld County, Colorado, all benT a part of Sections 5 and 8, Township 2 North, Range 68 West of the 6" P.M., Weld County, Colorado. (x) "Permitted Uses" are those uses and accessory uses which are allowed to Lot Owners under the applicable zoning ordinances and building codes of the County of Weld, State of Colorado, or the applicable governmental entity re- sponsible for zoning and building code enforcement, which uses and acces- sory uses Declarant has further specifically restricted as set forth herein. (:c) "Protector Member" is a member of the Architectural Control Committee who shall have a veto only with respect to planned structures and uses within the Lots included in this Overlay. Article II. Name and Description of Real Estate The provisions regarding the name and description of real estate within the Vista Com- mercial Center Overlay shall be those as contained in the Original Declaration, Sections 2.01 through 2.02, as amended, with the following additional and supplemental provi- sions applicable to all Overlay Lots: IuOIPP & ASSOCIATES, PC ry12717e app • 776 •412.J I n2imioni.ColcIradu 11 Talc 7U • hi? • ?777 keoi 111111111111111111111111111111111111111111 VISTA COMMERCIAL CENTER OVERLAY 7 or 19 R 3200287 07/20/2004 10:04A Weld County, CO itWOO D 0.00 Steve Moreno Clerk 3 Recorder Section 2.01. Name of Common Interest Community and Association The name of the Planned Community is the Vista Commercial Center. Such name shall include the Vista Commercial Center Overlay whether specifically referring thereto or not. The name of the Association is the Vista Owners' Association, Inc., which includes the Vista Commercial Center Overlay whether specifically referring thereto or not. Section 2.02. Description of Real Estate This Declaration shall include and apply only to those Lots included or subsequently added to this Overlay as follows: Lots 9, 10 and 11, Block 6; and Lots 3, 4, 5, 6, 7 and 8, Block 7, Phase II, VISTA COMMERCIAL. CENTER, FILING II, Second Corrected Plat, Weld County, Colorado, all being a part of Sections 5 and 8, Township 2 North, Range 68 West of the 6r" P.M., Weld County, Colorado. Article III. Owners' Association The provisions regarding the Owners' Association of the Vista Commercial Center Overlay shall be those as contained in the Original Declaration, Sections 3.01 through 3.03, as amended. Article IV. Association Budget The provisions regarding the association budget of the Vista Commercial Center Overlay shall be those as contained in the Original Declaration, Sections 4.01 through 4.07, as amended. Article V. Architectural Control Committee The provisions regarding architectural control within the Vista Commercial Center Overlay shall be those as contained in the Original Declaration, Sections 5.01 through 5.10, as amended, with the following additional and supplemental provisions applicable to all Overlay Lots: In addition to the provisions contained in Section 5.01, Architectural Control Committee, in the Original Declaration, as amended, such Section is amended and supplemented to include the following; HOPP & .ASSOCIATES, PC .Ph,re loa • 776•4Q4G fo,wmorrt Cofrracln AnGm Fax oz •FA2 •7777 c29 I I1111111I11 11111111111I 11# 1111 III11111 III 111111141 �� 3200287 07/20/2004 10:04A Weld County, CO VISTA COMMERCIAL CENTER OVERLAY8 of 19 R 96.00 D 0.00 Steve Moreno Clerk& Recorder rage,N Section 5.01. Architectural Control Committee,Protector Member In any application for the building, improvement or modification of any Vista Commer- cial Center Lot contained in the Overlay, an authorized or designated Owner of an Over- lay Lot, or such Owner's authorized or designated representative (who may, but not need be an Owner), shall be appointed by the Board of Directors of the Association to the Ar- chitectural Control Committee as an additional member of the Architectural Control Committee for action on such application (hereinafter the "Protector Member"). The initial Protector Member shall be Cevin A. Hopp or his authorized or designated rep- resentative. The Protector Member shall have all the powers, privileges and immunities afforded a general Architectural Control Committee member by Section 5.02 Powers of the Architectural Control Committee incorporated in the Original Declaration, as amended, and may serve as a general Architectural Control Member, if so appointed by the Board of Directors, as to any general Vista Commercial Center development applica- tion. The Protector Member shall be a person designated by vote of a majority in interest of the lots included in the Overlay area, selected informally by agreement among them from time to time. Each such owner shall be given written notice of any proposed change in or replacement of the Protector Member, via first class mail to the last known address of such lot owner. Any lot owner may call for a meeting of such lot owners, with similar notice given of such meeting, designating the time and location of such meeting to be held not more than ten thirty nor less than ten days after such notice was mailed. Alterna- tively, the Protector Member may be chosen or replaced by informal action via a writing signed by a majority in interest of such lot owners. Section 5.02. Architectural Control Committee, Protector Member Duties It shall be the further duty of the Protector Member to interpret, administer, enforce and consider the aesthetic, logistical and practical issues outlined in this Declaration of Cove- nants, Conditions and Restrictions for the Vista Commercial Center Overlay, the applica- ble Overlay Design Guidelines, the provisions of the Original Declaration, as amended, applicable to development applications in general, the Vista Commercial Center Design Guidelines, as well as any applicable Rules and Regulations as adopted from time to time. Section 5.01 Architectural Control Committee, Protector Member Veto The affirmative written approval of the Protector Member shall be required for Architec- tural Control Committee approval or conditional approval of any application for building, improvement or modification of any Vista Commercial Center Overlay Lot. The absence of such affirmative approval by the Protector Member shall constitute an absolute veto and disapproval of the application by the Architectural Control Committee; provided, however, that approval by the Protector Member shall be deemed granted if the Protector HOPP & ASSOCIATES, PC Piwne po, • 771 •..1aac Cnrwmonr.CAI-Drain 8ocor has:o, •682 • )x7) 11111111111111111111111111i1111111111111111illilli9o028T UT/2t112004it1:04AWeld County, C 9 95•D0 0.00 Steve Moreno Clerk& Recorder VISTA COMMERCIAL CENTER OVERLAP' 1 Ag. Member, after due notice and the opportunity to be heard, fails to approve or disapprove any such proposed application for building, improvement or modification, or to make ad- ditional requirements or request additional information within thirty (30) days after a full and complete description of the proposed development has been furnished to the Protec- tor Member, together with a specific request for such approval. Section 5.04. Design Guidelines The Architectural Control Committee shall have the authority to approve or disapprove design guidelines for the Overlay; provided, however, that such design guidelines do not conflict with this Declaration of Covenants, Conditions and Restrictions for the Vista Commercial Center. Any such approval or disapproval shall require affirmative written approval of the Protector Member. In addition to the provisions contained in Section 5.04 Architectural Standards, in the Original Declaration, as amended, such Section is amended and supplemented to include the following with respect to Overlay Lots: Section 5.04(a).Architectural Standards, Development Standards, Buildings The front facade and street facades shall be made of bricks, stones, architectural concrete panels, architectural metals, architectural woods and/or non-reflective glasses. Unfaced concrete block, structural concrete, prefabricated metal siding, and the like are prohibited in such facade areas. The use of these materials else- where shall only be in a manner approved by the Architectural Control Commit- tee. Section 5.04(b). Architectural Standards, Development Standards, Elevations All elevations of any building shall be designed in a consistent and coherent ar- chitectural manner. No building shall exceed a maximum height of thirty-five (35) feet, or more than allowed by applicable Weld County, Colorado or other applica- ble Building Codes,whichever is lower. Section 5.04(c). Architectural Standards, Development Standards,Floor Area Ratio/Bulk Restrictions In order to preserve and enhance the economic value of the Vista Commercial Center Overlay and to prevent congestion and crowding which would be detri- mental to the value of adjacent areas, floor area ratios shall not exceed thirty per- cent (30%) of the total area of the Lot. The minimum gross floor area for any building located on any one Lot shall total four thousand (4,000) square feet of gross covered floor area. The maximum density for improved surfaces, including parking areas, shall not exceed seventy-five percent (75%) of the total area of a Lot. At least twenty-five percent (25%) of each Lot shall be provided as usable HOPP & ASSOCIATES, PC TEiD,lf 707 • 77a•404‹ LorLanumt.Colforado Rncoi 'Fax 404 • hf5) •2 777 L $'LM)iJ 'h1.ZPLLhh1J1/,1/ii!WiIIIllVISTA COMMERCIAL CENTER OVERLAY 1111111 county, c0 0 Stve Moreno Clerk& Recorder open space, however, such open space may be reserved to the exclusive use of such Lot Owner. The floor area ratio shall be determined by dividing the gross floor area of all buildings on a Lot by the land area of that Lot Section 5.04(d). Architectural Standards, Development Standards, Mechani- cal Structures All electrical and air conditioning structures, including towers and air handling units, regardless of location and whether on the roof or otherwise, shall be con- cealed by integral roofing materials, roof shielding or screening, landscaping or by decorative screening materials, or an approved combination of such materials, which form an integral part of the total building design. Section 5.04(e). Architectural Standards, Development Standards, Building Materials and Design,Exterior Walls Construction materials shall be approved by the Architectural Control Committee and shall he one or more of the following: 13rick and stone of any size, type, texture, color, placement and percentage of the total surface, including glass surface, subject to the approval of the Architectural Control Committee. Such other aesthetically appropriate exterior building materials secondary to the primary exterior masonry surface of the building subject to the ap- proval of the Architectural Control Committee. if a Lot Owner or Lot developer is a franchise or entity that is contractually bound by certain franchise defined building facades or building codes, the Architectural Control Committee may, but is not required to, alter or amend certain Architec- tural or Development Standards to allow for the contractually required design criteria, however, compliance with all applicable Architectural or Development Standards not in conflict shall apply. Section 5.04(1).Architectural Standards, Development Standards,Roof De- sign Roof design shall be compatible with "Class A" office or commercial building de- sign. Multiple rooflines are encouraged and building roofs are to be uncluttered to the extent possible. Single dimension rooflines will be allowed if sufficient archi- tectural treatment exists to enhance attractiveness_ No simple block or roofless building designs will be allowed unless such a design is shown to be compatible with the surrounding designs and exterior appearances of other developed Overlay Lots and expressly approved by the Architectural Control Committee. The inclu- sion of gable, hip, mansard or similar roofline treatment is encouraged as well as Hop? & AssoCI4TIiS, PC 'fifUR2 31Y3 • 77h• .1O,1G r.,,Iwn2(,, C0L,r,ifin K(]c01 Tax-3O4 • ��? • 7777 2 ea - 111111111111IIII1 !11111, IIIfilliI1111I1III11111IIIIIII VISTA COMMERCIAL CENTER OVERLAY 3200287 07/20/2004 10:Q4A Weld County, CO 11 of 19 R 96.00 D 0.00 Steve Moreno Clerk& Recorder the use of rooflines, arched windows and other features that can be seen as en- hancing and not adversely affecting the values incident to ownership in the Over- lay area. Whenever flat roof surfaces are visible from roads, highways or adjacent areas, pitched roofs arc required to shield such flat surfaces from view. Section 5.04(g). Architectural Standards, Development Standards, Roof Ma- terials Roof, mansard or other roof area cladding shall be asphalt/fiberglass shin- gle/shakes or shake 'look alike', clay tiles or other fabricated clay tile like materi- als. Decorative Metal Roof materials are not encouraged, however, the Architec- tural Control Committee may, but is not required to, approve such material. "Decorative Metal Roof' means a type of roofing that consists of metal panels with raised seams (standing seam), or interlocking tile-shaped metal panels, or flat-locked and soldered metal panels, and excluding materials, design, colors, or textures that consist of or resemble galvanized, corrugated, sheet metal, Section 5.04(h) Architectural Standards, Development Standards, Canopies No canopies with visible wall hangers permitted. The design of canopies shall he in keeping with the general design of the building or other structures. Article VL Lots The provisions regarding Lots in the Vista Commercial Center Overlay shall be those as contained in the Original Declaration, Sections 6.01 through 6.04, as amended, except as to the designation of Overlay Lots as noted hereinabove. Article VII• Covenants for Assessments The provisions regarding covenants for assessments in the Vista Commercial Center Overlay shall be those as contained in the Original Declaration, Sections 7.01 through 7.14, as amended. Article VTTT. Development Rights and Other Special Declarant Rights The provisions regarding development rights and other special Declarant rights in the Vista Commercial Center Overlay shall he those as contained in the Original Declaration, Sections 8.01 through 8.02, as amended. Hopp a ASSOCIATES, PC T r:v • 7' • [MA< Lo-ruanvint_Cobra n r;1 'Fa • FS_? • 77?. 1011111111111111111111 III 111111111111 III NMI 1111 VISTA COMMERCIAL CENTER OVERLAY 3200287 07/20/2004 10:04A Weld County, CO 12 of 19 R 96.00 D 0.00 Steve Moreno Clerk& Recorder Article IX. Allocated Interests The provisions regarding allocated interests in the Vista Commercial Center Overlay shall be those as contained in the Original Declaration, Sections 9.01 through 9.03, as amended. Article X. Restriction on Use Declarant intends that the Vista Commercial Center Overlay provide a separate and dis- tinct physical area designated as and limited to the "Overlay" area devoted to uses and functions suitable and compatible with "Class A" office, commercial, or scientific re- search and development facilities and compatible accessory uses thereto. The Restrictions on uses and accessory uses within the Vista Commercial Center Overlay shall be those as contained in the Original Declaration, Sections 10.01 through 10.1 1, as amended, with the following additional and supplemental restrictions applicable to all Overlay Lots: Section 10.04.Signs In addition to the provisions in the Original Declaration, as amended, all signs in the Overlay shall conform to the Overlay Design Guidelines and all applicable laws and gov- ernmental regulations. No signs, other than government required directional signs, shall be permitted anywhere within the Overlay without the express written approval of the Architectural Control Committee. Section 10.04(b)Prohibited Signs No signs, other than company or trade identification signs and directional signs, arc permitted on any Overlay Lot. Roof mounted billboards or signs as well as wall-mounted billboards or signs are prohibited. No signs may be attached to ex- terior glass or glass curtain wails. No signs may be animated, blinking or flashing. Building signs may be attached only to the ground floor of a building or structure. Section 10.04(c) Prohibited Banners All banners relating to retail or commercial promotions, leasing, hiring or adver- tising are prohibited within the Overlay. Banners for specific Vista Commercial Center or Vista Commercial Center Overlay events such as festivals or holidays may be approved for a defined period of time at the discretion of the Architectural Control Committee. Banners for seasonal or recurring events may be installed on a regular basis if so approved by the Architectural Control Committee. Approved banners must be professionally fabricated of durable, weather-resistant material, securely installed, and removed promptly at the conclusion of the authorized event. HOPP & ASSOCIATES, PC Phone xox• 77t •.xnac Longmont,CoGwad,.Roc01 Fax xp7 .682 • 7777 79 a VISTA COMMERCIAL CENTER OVERLAY IlIIII I�III�IIIIII � � ��III�II1 III «III 111 � I 3200287 07120/2004 10:04A Weld County, CO 13 of 19 R 96.00 0 0.00 Steve Moreno Clerk& Recorder Section 10.04(d) Permitted Signs The following signs shall be permitted in the Overlay area as a matter of right: Section 10.04(d)(1). Ground signs Each Lot within the Overlay may have one (I) ground sign per public street frontage, except corner lots, which may place one(1) ground sign on either street frontage or one (1) on the corner intersection of the Lot, so long as such sign complies with all governmental regulations regarding corner lot signage, if any. Section 10.04(d)(2). Ground sign size and dimension Ground mounted signs must be placed on wall panels with a solid base constructed of materials used on the visible elevation of the building (i.e., brick, stone, customized masonry, etc.). The size of the base shall not ex- ceed five (5) feet in height and fourteen (14) feet in length. The ground sign wail panel may include two (2) sign faces, with no single sign face exceeding fifty (50) square feet in area. The overall height of the sign structure (base and sign face wall panel) shall not exceed ten (10) feet. Ground mounted signs must include a landscaped setting of ornamental shrubs and/or flowers in an area equal to two (2) times the area of the total sign face square footage. Ground signs shall maintain a twenty-five (25) foot side setback, and a twenty-five (25) foot rear yard setback. Section 10.04(d)(3). Wall signs Each principal building within a Lot in the Overlay may have one (1) wall mounted sign per public street frontage, with the total square footage of the not to exceed ten (I0) percent of the wall supporting the sign. A wall sign may not project more than eighteen (18) inches from the wall. The sign area shall be the entire area within a single continuous perimeter en- closing the extreme limits of each such sign. Section 10.04(d)(4). Sign lettering and lighting All lettering and company or trade logos on building wall signs shall be individually cut or fabricated letters. No panel or wood signs are permitted for building wall signs. Building wall signs, if illuminated, shall be inter- nally illuminated without a halo. Ground signs shall be either internally illuminated, or illuminated by ground-mounted fixtures. If ground- mounted illumination is provided, fixtures must be screened from view from the street. No neon type signage or lighting shall be permitted. HOPP & ASSOCIATES, PC `Acne ana • nF•a,asc LananU,„r.Culorad,Svcni Fax 2oa•FR> •2777 24 &r.1( VISTA COMI�TERC1AL CENTER OVERLAY L!' lIllUHh1fiLiiIjjjlliffiII 07/20/2004 10:04A Weld County, o nt �!�� 14 of 19 R 96.0© D 0.00 Steve Moreno Clerk& Recorder Section 10.05(a) Parking All parking lot drives in the Overlay shall be a minimum of twenty-four (24) feet wide for two-way traffic and at least fifteen (15) feet wide for one-way traffic unless Weld County, Colorado regulations require a larger minimum_ All parking lots in the Overlay shall have all aisles and spaces clearly marked. Section 10.12. Permitted Uses The Permitted Uses and permitted Accessory Uses are defined as those uses and accessory uses presently allowed in Division 3, Commercial Zone Districts, § 23- 3-200, et seq., zones C-1 (Neighborhood Commercial) and C-2 (General Com- mercial), of the Weld County Zoning Ordinance, Weld County, Colorado which uses are further restricted as set forth herein and by any applicable amendments hereto. All restrictions on uses and accessory uses contained in such ordinance shall apply to ail Overlay Lots and any Use by Special Review as included in such ordinance shall be further restricted by this Declaration. There shall be no uses, accessory uses, or uses by special review based on allowed or permitted uses as defined in zones C-3 (Business Commercial) or C-4 (Highway Commercial). Section 10.12(a).Further Restrictions On Permitted Uses The Permitted Uses and Permitted Accessory Uses are further defined as the following uses and accessory uses: (a) "Class A" commercial office, commercial or scientific research and development facilities and compatible accessory uses thereto, includ- ing the following types of uses: Accounting, Auditing, and Bookkeeping Offices, Advertising Of- fices; Art Galleries; Banks and Financial Institutions, Lending and Loan Servicing In- stitutions; Business Associations; Business and Management Consultant Offices; Chiropractic Offices; Civic/Social and Fraternal Association Offices; Consumer and Mercantile Credit Reporting Services Offices; Contractors Offices; Dental Offices; HOPP & .ASSOCIATES, PC 'Plume zoz • 776• Qogc lawman Corarnda 8ncni `Fax-nN •682 • 2777 I HMI III�I IlIiIII ICI I II 11111111 III 111111 III IE VISTA COMNIERCtA1.CENTER OVERLAY 3200287 07/20/2004 10:04A Weld County, CO 15 of 19 R 96.00 D 0.00 Steve Moreno Clerk& Recorder Detective and Protecting Agency Offices; Educational, Scientific Research and Development Offices: Employment Agency Offices; Engineering and Architectural Offices; Financial Services and Insurance Offices; Governmental Offices; Insurance Offices; Investment Offices; Laboratories, Medical/Dental with Accessory Researching and Testing; Legal Offices; Medical Offices(without Clinics); Office-Business, Professional or Public; Osteopathic Office; Optometric Office; Post Office, private or public; Real Estate and Real Estate Consulting Offices; Restaurants and food service facilities, Studios for Photography, Painting, Music, or Sculpture (without foundries or forges); and Uses not explicitly enumerated in this section, but closely similar thereto. (h) in the event that a use is permitted by this Declaration but not permit- ted or presently allowed by Division 3, Commercial Zone Districts, § 23- 3-200, et seq., zones C-1 (Neighborhood Commercial) and C-2 (General Commercial), of the Weld County Zoning Ordinance, Weld County, Colo- rado, such use shall be permitted by this Declaration only if an appropriate "Use by Special Review" under such ordinance is obtained as well as the prior written discretionary consent of the Declarant, or the Architectural Control Committee, or both. Section 10.13. Conformity with Ordinances The buildings and other improvements within the Vista Commercial Center Overlay, or any portion thereof, shall be used or constructed in conformity with HOPP & ASSOCIATES, PC •Pilone;Ja • T7,•.[i 7.14 fona,nUnt.C 0CIrth1,,2i(7c0] 'Far 7Jl•FR • 27>/ 111111111111 ill ! I11I1111111111111111111111111111111111 Vk i r-A COMMERCIAL CENTER OVERLAY 3200287 07/20/2004 10:04A Weld County, CO 16 of 19 f1 96.00 D 0110 Steve Moreno Clerk& Recorder the requirements of the applicable zoning and building codes of the Weld County, Colorado or the applicable governmental entity responsible for zoning and build- ing code enforcement. No rezoning of any Overlay Lot shall be permitted without the prior written discretionary consent of the Declarant, or the Architectural Con- trol Committee, or both. Section 10.14. Variances No Owner or developer o₹any Overlay Lot shall apply to Weld County, Colorado or the applicable governmental entity responsible for zoning and building code variances for any variance in use or construction without the prior written discre- tionary consent of the Declarant, or the Architectural Control Committee, or both. Section 10.15. Building Permits No budding permit shall be obtained or issued from the Department of Planning Services of Weld County, Colorado, or the applicable governmental entity re- sponsible for issuing such permits, to an Owner, Permittee or occupant applying to construct or modify any building or other improvement on or within any Over- lay Lot, until the Architectural Control Committee has given its written consent that all terms and conditions of these Vista Commercial Center Overlay cove- nants, conditions and restrictions have been satisfied. Section 10.16. Conformity with Original Declaration All buildings, improvements and uses shall conform to the Original Declaration, as amended, these Declarations, the applicable Design Guidelines, and the Rules and Regulations of the Vista Commercial Center and Vista Commercial Center Overlay No use, accessory use, or use by special review, no building or structure of any kind, including signs or other forms of advertisement, shall be commenced, erected, placed, or altered on any Overlay Lot until architectural plans and build- ing specifications, site plans showing location of buildings and all other im- provements, existing and proposed finished grades, preliminary landscape de- signs, and all other criteria required by the Architectural Control Committee have been submitted and approved pursuant. to the provisions of the Original Declara- tion, as amended from time to time. Section 10.17. Restricted Uses The Notwithstanding the general uses, accessory uses and uses by special review allowed by applicable zoning ordinances, the following uses in or on Overlay Lots shall not be permitted without the prior written discretionary consent of the Declarant, or the Architectural Control Committee, or both: Any use, accessory use or use by special review that is restricted or pro- Hor F & ASSOCIATES, PC Thane 7('77 • 77F, •404S jOrl'Io,L[.CoCara o fioc0: `Far 701. • , • 7777 .` VISTA COMMERCIAL CENTER OVERLAY 111111�� III��31 07/20/2004II 1111111 ill� ��1111111 Ill 111111 II 17 of 19 R 96.00 p Q OQ� Weld County, CO 11�� Steve Moreno Clerk& Recorder hibited by the Original Declaration, as amended, or as restricted or pro- hibited in or on the original and any amended Plat for Vista Commercial Center; Residential buildings or uses of any kind, except approved hotel or motel uses, either permanent or temporary, provided, however, that this provi- sion shall not apply to temporary shelters or mobile offices used by a con- tractor during construction of any prior authorized and permitted structure, it being clearly understood that these temporary shelters or mobile offices may not, at any time, be used as a residence or for any commercial uses or permitted to remain on any Lot after completion of construction; Stores as defined in zones C-1 and C-2; Trucking, warehousing or transfer facilities related thereto; Gasoline or fuel service stations, fuel storage tanks or similar storage re- ceptacles, car washes, except such uses may be an accessory use to an ap- proved retail convenience store, subject to the discretionary consent of the Declarant, or the Architectural Control Committee, or both; Mini-storage or mini-warehouse facilities offering storage and related services to the general public; Public recreational facilities, private or commercial recreational facilities, community buildings, museums or libraries; Oil or gas production or refining, mining, drilling for or removing oil, gas or other hydrocarbon substances or related facilities, gravel pit excavation or rock quarrying, wood treating facilities or asphalt production facilities, milling or concrete mixing or production facilities; Theaters, convention halls and other such facilities; Establishments for the sale and care of household pets, farm or livestock, fat rendering, stockyard or slaughter of animals or related facilities; Lumberyards of any kind; Establishments for the repair of electrical equipment and appliances as de- fined in zone C-2; Hospitals, nursing homes,mental or physical rehabilitation centers; Mortuaries, crematories or funeral homes; Adult business, service or entertainment establishments, massage parlors, adult bookstores, nude or partially nude entertainment establishments, or the like; Storage, treatment, incinerator or disposal facilities for hazardous sub- stances of any kind; HOPP & ASSOCIATES, PC 'Phone 776•dnaG Imennwn:.Co%7rnio 80Eot Tax anx •68, • 2777 IIIIi 1,111 11111 1111111 Ill III IIIII1!III IIIII1III1III VISTA COMMERCIAL CENTER OVERLAY 3200287 07/20/2004 10:04A Weld County, CO 1S of 19 R 96.00 0 0.00 Steve Moreno Clerk& Recorder Mobile home park, trailer courts or recreational vehicle campground of any kind; Junkyard, body or fender shop, wrecking yard, solvent recycling or recla- mation facilities, or any related facility; New or used motor vehicle or equipment sales or repair establishments, nor establishments for the rental, hire or leasing of new or used motor ve- hicles or equipment; Automobile, go-cart, motorcycle or other racetracks of any kind; and Jails,honor farms or labor camps, whether public or private. Article XI. Easements and Licenses The provisions regarding easements and licenses in the Vista Commercial Center Overlay shall be those as contained in the Original Declaration, Sections 11.01 through 11.04, as amended. Article XII. General Provisions The provisions regarding general provisions in the Vista Commercial Center Overlay shall be those as contained in the Original Declaration, Sections 12.01 through 12.12, as amended. TN WITNESS WHEREOF, the undersigned does hereby make this Amended and restated Declaration of Covenants, Conditions and Restrictions for the Vista Commercial Center and has caused this Declaration to be executed as of the day and year first above written, HORIZON INVESTMENTS PHASE II, LLC BY r cce perating M ager t.4 4 HOPP & ASSOCIATES, PC PF}o72P 7n?• 776 *404C f_onarnonr.Colorado Rocot Tax xox •ti 87 • 2777 V,STA COMMERCIAL CENTER OVERLAY11111111111111111111111111111!! 111111111111 If 1111 3200287 07/20/2004 ?p,04A Weld Courtly, CO�p 19 of 19 R 96.00 D DAD Steve Moreno Clerk& Recorder STATE OF COLORADO ] ] ss COUNTY OF BOULDER ] The foregoing Amended and Restated Declaration of Covenants, Conditions and Restric- tions Affecting Certain parcels Included in the Original Vista Commercial Center instru- ment was acknowledged before me by Manager5of Horizon Investments Phase H, LLC on July y , 2004. �` pera ng Witness my hand and seal. My commission expires 4:: 7-4 [ � Notary Public rr 7J 1 /9 /,L HOPP & ASSOCIATES, PC PJum3 7C1-4 • 771; •aaec L,wrriurtr.C,1orgi{p Snem 'Fax 30YrF$2 •2777 111111 11111 111111 11111 11110 1111111111 liii C--'1 2607807 04/22/1998 09:54A Weld County CO 1 of 31 R 156.00 D 0.00 JA Sukl Taukamoto VISTA COMMERCIAL CENTER a Panned Community AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS TABLE OF CONTENTS STATEMENT OF PURPOSE: 1 ARTICLE I.DECLARATION AND DEFINITIONS 2 SECTION 1.01 DECLARATION 2 SECTION 1.02 DEFINITIONS 2 ARTICLE IL NAME AND DESCRIPTION OF REAL ESTATE 4 SECTION 2.01 NAME 4 SECTION 2.02 DESCRIPTION OF REAL ESTATE 4 ARTICLE IIL OWNERS' ASSOCIATION 4 SECTION 3.01 AUTHORITY 4 SECTION 3.02 POWERS 4 SECTION 3.03 DEVELOPER CONTROL 4 ARTICLE IV. ASSOCIATION BUDGET 4 SECTION 4.01 FISCAL YEAR 4 SECTION 4.02 PREPARATION AND APPROVAL OF ANNUAL BUDGET. 5 SECTION 4.03 BUDGET ITEMS 5 SECTION 4.04 RESERVES 5 SECTION 4.05 EFFECT OF FAILURE TO PREPARE OR ADOPT BUDGET 6 SECTION 4.06 CAPITAL IMPROVEMENTS 6 SECTION 4.07 ACCOUNTS. 6 ARTICLE V.ARCHITECTURAL CONTROL COMMITTEE 6 SECTION 5.01 VISTA ARCHITECTURAL CONTROL COMMITTEE 6 SECTION 5.02 POWERS OF THE ARCHITECTURAL CONTROL COMMITTEE 7 SECTION 5.03 APPROVAL REQUIRED. 7 SECTION 5.04 ARCHITECTURAL STANDARDS. 8 SECTION 5.05 FEE 8 SECTION 5.06 COMPLETION OF WORK AFTER APPROVAL 8 SECTION 5.07 VIOLATIONS. 8 11111111111 111111 11111111111 II 11111111111 11111 III I IIII 2607807 04/22/1998 09:34A Wald County CO 2 of 31 R 136.00 D 0.00 JA Suki Taukamoto SECTION 5.08 LIEN RIGHT. 8 SECTION 5.09 RIGHT OF INSPECTION 9 SECTION 5.10 No LIABILITY 9 ARTICLE VI.LOTS 9 SECTION 6.01 NUMBER OF LOTS. 9 SECTION 6.02 IDENTIFICATION OF LOTS 9 SECTION 6.03 LOT BOUNDARIES 9 SECTION 6.04Th ViSION.OL COMBINING nF f-OTS- 9- ARTICLE VII. COVENANT FOR ASSESSMENTS 10 SECTION 7.01 ASSESSMENTS. 10 SECTION 7.02 ALLOCATION OF COMMON EXPENSES. 10 SECTION 7.03 GENERAL ASSESSMENTS. 10 SECTION 7.04 SPECIAL ASSESSMENT. 10 SECTION 7.05 INDIVIDUAL LOT ASSESSMENT. 11 SECTION 7.06 CAPITAL CONTRIBUTION 11 SECTION 7.07 EFFECT OF NON PAYMENT OF ASSESSMENT; REMEDIES 11 SECTION 7.08 OTHER REMEDIES. 11 SECTION 7.09 CERTIFICATION OF PAYMENT 12 SECTION 7.10 EXAMINATION OF BOOKS AND RECORDS 12 SECTION 7.11 NOTICE TO MORTGAGEE. 12 SECTION 7.12 NOTICE OF MEETINGS 12 SECTION 7.13 MORTGAGEE AS PROXY 12 SECTION 7.14 PAYMENT OF ASSESSMENTS BY MORTGAGEES 12 ARTICLE VIII. DEVELOPMENT RIGHTS AND OTHER SPECIAL DECLARANT RIGHTS 13 SECTION 8.01 DEVELOPMENT RIGHTS 13 SECTION-3.02 SPECIAL DECLARANT RIGHTS • 13 ARTICLE IX. ALLOCATED INTERESTS 13 SECTION 9.01 ALLOCATION OF INTERESTS 13 SECTION 9.02 COMMON EXPENSES. 13 SECTION 9.03 VOTING 13 ARTICLE X. RESTRICTIONS ON USE 13 SECTION-10.01-NUISANCES- 13 SECTION 10.02 ANTENNAS. 13 \SERVERI\DATAVCLIS: WS WH0RIZWISTA C0VENANTS.D0C3/31/98 II 1111111111111111111111 111111 1111111111 III 11111 liii II11 2607807 04/22/1998 09:54A Weld County CO 3 of 31 R 156.00 D 0.00 JA Suki Tsukamoto SECTION 10.03 OUTSIDE STORAGE. 13 SECTION 10.04 SIGNS 14 SECTION 10.05 LOADING AND UNLOADING 14 SECTION 10.06 PARKING 14 SECTION 10.07 UTILITY CONNECTIONS. 14 SECTION 10.08 TRASH AND WEEDS. 14 SECTION 10.09 VEHICLES. 14 SECTION 10.10 LIGHTING. 15 SECTION 10.11 REFLECTIVE GLASS. 15 ARTICLE XI. EASEMENTS AND LICENSES 15 SECTION 11.01 MEMBERS'EASEMENTS OF ENJOYMENT. 15 SECTION 11.02 TITLE TO COMMON AREAS; ADDITIONS TO COMMON AREAS. 16 SECTION 11.03 DELEGATION OF USE. 17 SECTION 11.04 CHARGES AGAINST COMMON AREAS 17 ARTICLE XII. GENERAL PROVISIONS 17 SECTION 12.01 DURATION 17 SECTION ION 12.02-AMENDMENT& 17 SECTION 12.03 ENFORCEMENT 18 SECTION 12.04 APPLICABILITY TO GOVERNMENTAL AGENCIES 18 SECTION 12.05 NOTICES. 18 SECTION 12.06 ATTORNEY'S FEES AND COSTS 18 SECTION 12.07 BINDING EFFECT. 18 SECTION 12.08 POWER TO ASSIGN AND DELEGATE 18 SECTION 12.09 MERGERS. 18 SECTION 12.10 ZONING AND SPECIFIC RESTRICTIONS. 19 SECTION 12.11 SEVERABILITY 19 SECTION 12.12 GOVERNING LAW 19 EXHIBIT A 24 EXHIBIT B 27 EXHIBIT C 28 VSRRVLR1 DATA\CL!ENfS\H\NOR!Z\VISTA COVENANTS.DOC3131/98 Ill 1111111111111111111111111111 I11111111111111111 liii llll 2607807 04/22/1998 09:54A Weld County CO 4 of 31 R 156.00 D 0.00 JA Sukl Tsukamoto VISTA COMMERCIAL CENTER a Planned Community AMENDED AND RESTATED DECLARATION OF COVENANTS,CONDITIONS AND RESTRICTIONS Horizon Investments, LLC, to be known as the "Declarant" makes this Declaration and the undersigned Initial Lot Owners ratify this Declaration on the day of , 19 , and hereby state as follows: STATEMENT OF PURPOSE: A. Declarant is the Developer of certain real property in Boulder County, Colorado more particularly described-as Lots 1 through 38 of the Vista Commercial Center, the Plat of-which was recorded on August 28 1997, in the real estate records of Weld County in Book 1623 as Reception Number 2566006. B. By a declaration of covenants, conditions and restrictions for the Vista Commercial Center recorded in the real property records of Weld County, Colorado on August 7, 1997 in Book 1620 as Reception Number 2562470 and re-recorded on in Book as Reception Number (the "Original Declaration"), Declarant submitted the Property to the terms and conditions of the Original Declaration. C. Declarant, as the owner of more than 75% percent of the Lots subject to the Original Declaration now desires to modify, amend and restate the terms of the Original Declaration, and to that end executes this Amended and Restated Declaration of Covenants, Conditions and Restrictions for Vista Commercial Center, a Planned Community, with the intent that, when recorded in the real property records of Weld County, Colorado, the terms hereof shall totally replace and supersede the Original Declaration, and with the intent that all interest in the Real Estate which are conveyed after the recording hereof shall be subject to the terms, protective covenants,conditions, restrictions,reservations, liens and charges as hereinafter set forth. D. The Declarant establishes this Declaration for this new commercial center for the following purposes: • To create a commercial center with Common Areas for the benefit of the community, and-its owners; • To provide for the preservation and maintenance of the Common Areas; • To provide a guide for development that will preserve certain values while allowing change when appropriate; • To allow for self governing of Vista Commercial Center by its owners; and • To create a common interest community that conforms to the Colorado Common Interest Ownership Act. 111111111111111111111111111111111111111 III 11111 liii LIII 2607807 04/22/1998 09:54A Weld County CO 5 of 31 R 156.00 0 0.00 JA Sukl Tsukamoto ARTICLE I. DECLARATION AND DEFINITIONS Section 1.01 Declaration The Declarant and the Initial Lot Owners, who are the owners of all the property described in the Plat, hereby submit the Plat and this Declaration of Covenants, Conditions and Restrictions for establishment of a planned community under the Colorado Common Interest Ownership Act. The Declarant hereby declares that Vista Commercial Center shall be held, sold and conveyed subject to the covenants, conditions, restrictions and easements of this Declaration, which shall run with the land and be binding on all parties and heirs, successors and assigns of parties having right, title or interest in all or any part of Vista Commercial Center. Section 1.02 Definitions (a) "Act"refers to the Colorado Common Interest Ownership Act as set forth in Colorado Revised Statutes § 38-33.3-101 et. seq., the statute which governs the development and operation of this planned community. (b) "Architectural Control Committee" or "Committee" or "ACC" shall mean and refer to the Vista Architectural Control Committee as established by Article HI. of this Declaration. (c) "Assessments" is the collective term for the following charges: + "General Assessment" is the amount allocated among all Members to meet the Association's annual budgeted expenses, as described in Article IV. • "Individual Lot Assessment" is a charge made to a particular Owner for charges relating only to that Lot, as provided in Article IV. +� "Special Assessment" may be charged to each Lot for capital improvements or emergency expenses, in accordance with the provisions of Article IV. (d) "Association" is the Vista Owners' Association, Inc., a Colorado nonprofit corporation, its successors and assigns. The Association, whose members are the Owners, is responsible for maintaining Vista and enforcing the Declaration. (e) "Board"is the Executive Board of the Association. (I) "Building" means any structure intended for use and occupancy by Owners and Pennittees that is constructed, erected, or placed on any Lot. (g) "Bylaws" are the Bylaws of the Association (h) "Common Areas" comprises real property within Vista designated on the Final Plat (or any subsequent plat), or specifically conveyed to the Association, for the common use and enjoyment of all Owners. "Common Area" also includes any improvements on that real property, all utilities, utility easements and other easement rights or personal property 1AMEVT3R14DATVCIAINTSg IORTZWISTACOVENNANTSOMCS/JImo 2 1111111111111111111111110111111111111101111111111 III 2607807 04/22/1998 09:54A Weld County CO 6 of 31 R 156.00 D 0.00 JA Suki Taukamoto for the Owners' common use, and any other property of any type specifically designated as Common Area. The Common Area is equivalent to the common elements under the Act and are not dedicated for use by the general public. (i) "Declarant" shall mean and refer to HORIZON INVESTMENTS, LLC a Colorado limited liability company, or such other person or entity that purchases all or a portion of the Property in more than one parcel if such person or entity assumes the obligations of Declarant under this Declaration and is designated successor Declarant in an instrument recorded with the Clerk and Recorder of Boulder County, Colorado. (J) "Declaration" is this Declaration of Covenants, Conditions and Restrictions for Vista Commercial Center. (k) "Design Guidelines" are the Vista Commercial Center Design Guidelines. (I) "Developer" Developer shall mean and refer HORIZON INVESTMENTS, LLC, a Colorado limited liability company and its successors and assigns. (m)"Development" Development shall mean and refer to Vista and all improvements thereon. (n) "Improvement" includes, but shall not be limited to, all structures and improvements of every type and kind including buildings, parking areas, parking structures, driveways, loafing-areas, signs; utilities; fences, walls, lawns, landscaping, antennas, satellite-dishes, grading changes, recreational facilities, exterior lighting facilities, electrical transformers, waterways, holding ponds, and any other physical structures or changes of any type of kind to or upon any land within Vista. (o) "Initial Lot Owner" is the record owner, other than Declarant, as of the date of this Declaration, whether one or more persons or entities, of the fee simple title to any Lot. Initial Lot Owners shall not include those having such interest merely as security for the performance of an-obligation. (p) A "Lot" is the smallest parcel of land which may be separately conveyed and is equivalent to a "unit" under the Act. Ordinarily, Lots are designated as numbered, separately identifiable parcels on the recorded subdivision plat of Vista. However, the Declarant may redefine Lots prior to sale to third parties by combining Lots or portions of Lots and adjusting the boundary of a Lot. (q) "Member." Each Owner is a Member of the Association, as provided in Article III. of this Declaration. (r) "Owner" is the record owner, whether one or more persons or entities, of the fee simple title to any Lot. Owners shall not include those having such interest merely as security for the performance of an obligation. (s) "Permittee" shall mean and refer to all tenants and occupants of Lots, customers, visitors, guests invitees, licensees and subtenants thereof. VSERVERODATA1CLIENTS\Fl1NOR1Z\VI5TA COVENANTST]OC3l31J93 3 111111111111111111111111111111111111111111111111111 lilt 2607807 04/22/1998 09:54A Weld County CO 7 of 31 R 156.00 D 0.00 JA Suki tsukamoto (t) "Vista" is the real property shown in the Final Plat for Vista Commercial Center as described-on- the- first- page-of this-Declaration; plus-any- additional- property added- by Supplemental Declaration. Vista is a planned community under the Act. ARTICLE II. NAME AND DESCRIPTION OF REAL ESTATE Section 2.01 Name (a) Common Interest Community. The name of the Planned Community is Vista Commercial Center. (b) Association. The name of the Association is the Vista Owners' Association, Inc. Section 2.02 Description of Real Estate The Planned Community is located in Weld County, Colorado, State of Colorado. The real estate of the Planned Community is described in the Vista Commercial Center plat, which was recorded on , 1997, in the real estate records of Weld County at Reception Number ARTICLE III. OWNERS' ASSOCIATION Section 3.01 Authority. The business affairs of Vista shall be managed by the Association, a Colorado nonprofit corporation. The Association shall be governed by its Bylaws, as amended from time to time. Section 3.02 Powers. (a) The Association shall have all of the powers, authority and duties permitted pursuant to the Act necessary and proper to manage the business and affairs of Vista. (b) The Association may assign it future income, including its tight to receive Common Expense assessments, only by the affirmative vote of the Lot Owner of Lots to which at least 51 percent of the votes in the Association are allocated, at a meeting called for that purpose. Section 3.03 Developer Control The Developer shall have all the powers reserved to a Declarant pursuant to Section 38-33.3- 305(5)of the Act to appoint and remove officers and members of the Executive Board. ARTICLE IV. ASSOCIATION BUDGET Section 4.01 Fiscal Year. The fiscal year of the Association shall begin January 1 of each year and end on December 31 of that year, unless the Board selects a different fiscal year. \SERVER\\DATA\CC.IENTSVRFIORIZIVISTA COVENANTS.DOCM3I/99 4 llflhllilllllllllllllhllllllllfllilhillhlllfilllilll 2607807 04/22/1998 09:548 Weld County CO 8 of 31 R 156.00 D 0.00 JA Sukl Tsukamoto Section 4.02 Preparation and Approval of Annual Budget. (a) Initial Budget. The Declarant shall determine the budget for the fiscal year in which a Lot is first conveyed to an Owner other than the Declarant. (b) Subsequent Years. Beginning with the year in which a Lot is first conveyed to an Owner other than the Declarant and each year thereafter, at least one month before the end of the fiscal year, the Board shall, by majority vote, adopt a budget for the coming year and set the annual General Assessments at a level sufficient to meet the budget. At least two weeks before the fiscal year to which the budget applies, the Board shall send to each Member a copy of the budget in reasonably itemized form, which shall include the amount of General Assessments-p-ayabie-by-each Menthe'. (c) Approval. If General Assessments are to be increased to greater than 125% of the previous year's General Assessment which was not a year in which General Assessments were guaranteed in whole or in part by Declarant, and petitions signed by at least 10% of all Members request review within thirty (30) days after the budget is delivered to Members, the Board shall call an Association Meeting to present the budget and to answer any questions. After presentation, the budget shall be deemed approved unless the percentage required to transact business is present and the budget is rejected by a majority of the Members present. If the budget is rejected, the Board shall approve a new budget within ten(10)days and send a copy to each Member. Section 4.03 Budget Items. The budget shall estimate total expenses to be incurred by the Association in carrying out its responsibilities. These expenses shall include, without limitation, the cost of wages, materials, insurance premiums, services, supplies and other expenses for the rendering of all services required by this Declaration or properly approved in accordance with this Declaration. The budget may also include reasonable amounts, as determined by the Board, for working capital for the Association and for reserves. If the Common Area are taxed separately from the Lots, the Association shall include such taxes as part of the budget. Fees for professional management of the Association, accounting services, legal counsel and other professional services may also be included in the budget. Section 4.04 Reserves. The Association may build up and maintain reserves for working capital, contingencies and replacement, which shall be included in the budget and collected as part of the annual General Assessment. Extraordinary expenses not originally included in the annual budget which may become necessary during the year shall be charged first against such reserves. Except in the event of an emergency, reserves accumulated for one purpose may not be expended for any other purpose unless approved by a majority vote of the Members. If the reserves are inadequate for any reason, including nonpayment of any Member's assessment, the Board may at any time levy an emergency assessment in accordance with the provisions of Section 9.4 ("Special Assessment"). If there is an excess of reserves at the end of the fiscal year and the Board so determines, the excess may be returned on a prorata basis to all Members who are current in payment of all assessments due the Association, or may be used to reduce the following year's assessments, at the Board's discretion. 115ERVERIIDATA\CLIENTSUIVIORl7.1VISTA COVENANTS.DOC3131/98 5 111111111111111111111111111111111111111111111111111111 2607807 04/22/1998 09:54A Weld County CO 9 of 31 R 156.00 D 0.00 JA Suki Tsuksmoto Section 4.05 Effect of Failure to Prepare or Adopt Budget. The Board's failure or delay in preparing or adopting the annual budget for any fiscal year, or review of the budget under Section 4.02 shall not waive or release a Member's obligation to pay General Assessments whenever the amount of such assessments is finally determined. In the absence of an annual Association budget each Member shall continue to pay the assessment at the rate established for the previous fiscal period until notified otherwise. Section 4.06 Capital Improvements. Any substantial capital improvement to the Common Area approved by the Board must be ratified by a majority of the Members. If the substantial capital improvement is approved by the Members, the Board shall determine whether it shall be paid from General Assessments or by Special Assessment, A capital improvement shall be considered substantial if the cost to the Association of the improvement is more than six percent (6%) of the Association's annual budget, or if, when added to other capital improvements for the fiscal year, totals more than ten percent (10%) of the Association's annual budget. However, any repair or replacement of existing improvements shall not be considered a capital improvement. Approval of the Vista Architectural Control Committee is required for all capital improvements. This paragraph shall not limit the right of the Declarant to make improvements to the Common Area. Section 4.07 Accounts. Reserves shall be kept separate from other Association funds, either in a single account for all reserves or separated by purpose. All other sums collected by the Board with respect to Assessments and charges of all types may be commingled in a single fund. ARTICLE V. ARCHITECTURAL CONTROL COMMITTEE Section 5.01 Vista Architectural Control Committee. The Architectural Control Committee shall consist of three or more persons, not to exceed five persons appointed by the Declarant, its successors or assigns. The Declarant, its successors or assigns shall have the absolute right to remove and appoint members of the Architectural Control Committee at any time. The members of the Architectural Control Committee shall, as long as the restrictions, covenants, and conditions herein set forth are in force and effect, perform the duties imposed on it as herein set forth. At any time while the restrictions, covenants, and conditions herein set forth remain in force and effect, the Declarant, its successors or assigns, may relinquish its powers to determine the number and members of the Architectural Control Committee to the Association. Such relinquishment may be accomplished by recording a declaration of such relinquishment in the office of the County Clerk and Recorder of Boulder County, Colorado, and such relinquishment must occur no later than December 31, 2007. From and after such relinquishment, the number and members of the Architectural Control Committee shall be determined by the Board of Directors of the Association. Neither the members of the Architectural Control Committee, nor its designated representatives, shall be entitled to any compensation for services performed pursuant to this covenant. Each member of the Architectural Control Committee shall have one (1) vote to be cast on any issue brought before the Committee for action. The quorum required for any action of the Architectural Control Committee shall be a simple majority of the members of the Architectural 1'SERVER1\!ATA\CLIENTSIMOR1Z\V[STA COVENANTS.DOC3/ 1/98 6 111111111111111111 IIIII 111111 II IIIIII11 III 111111 III IIII 2007807 04/22/1998 09:54A Wild County CO 10 of 31 R 156.00 D 0.00 JA Suki Tsukamoto Control Committee assent of a simple majority of votes of the Committee members attending any meeting of the Architectural Control Committee shall constitute approval of any Committee action. Section 5.02 Powers of the Architectural Control Committee So long as the Restrictions, Covenants, and Conditions herein set forth are in force and effect, the Architectural Control Committee shall have the following powers and privileges: (a) The Architectural Control Committee shall have such powers, privileges and immunities-as are set-forth-in-this-Declaration-and-shall, additionally, have-the-power-to- adopt, from time to time, rules and regulations for the conduct and exercise of its business, rules and regulations for the conduct and exercise of its powers, privileges and immunities, and rules and regulations concerning the use of the Common Area and the Lots which shall not be in conflict with these Covenants. (b) The Architectural Control Committee shall have sole authority to approve or disapprove any modification of Buildings or Improvements within Vista. (c) The Architectural Control Committee shall have the power to adopt or amend the Vista Commercial Center Design Guidelines providing such adoptions or amendments do not conflict with this Declaration or the quality and character of Vista. (d) The Architectural Control Committee shall have the power to delegate the responsibility for reviewing any application submitted to the Architectural Control Committee to a professional architect, landscape architect, engineer or other professional person-who-is-qualified-to-pass-on-the-issues-raised-in-the-application: The-Architectural- Control Committee shall also have the power to require that the applicant pay the fees reasonably incurred by the Architectural Control Committee in retaining such professional to review the application submitted. (e)-The- approval-by-the- Architectural- Control- Committee of any proposal- or plan and specifications for any work to be done on a Lot shall not be deemed to constitute a waiver of any right to withhold approval or consent to any similar proposals, plans, specifications, drawings; or other matters subsequently or additionally submitted-for. approval-by the same Owner or by any other Owner. Section 5.03 Approval Required. The approval of the Architectural Control Committee shall be required for any Building or Improvement and no work shall begin on such Buildings or Improvements until the Architectural Control-Committee shall-approve the change. No-proposed-Building-or- Improvement- shall-be- deemed to have been approved by the Architectural Control Committee unless such approval is in writing; provided, however, that such approval shall be deemed granted if the Architectural Control Committee fails to approve or disapprove any such proposed Building or Improvement or to make additional requirements or request additional information within thirty (30) days after a full and complete description of the proposed Building or Improvement has been furnished, together with a specific request for such approval. Any such request shall contain plans and specifications in such form and with such information as may be required by the Architectural Control Committee in its Design Guidelines. WSERVERl1DATAICLIEITfSVNIORIZIVISTA COVENANTS.DOC3131/98 7 111111111111111111111111111111111111111 III 111111 III IIII 2607807 04/22/1998 09:54A Wald County CO 11 of 31 R 156.00 0 0.00 JA Sukl Toukamoto Section 5.04 Architectural Standards. The Architectural Control Committee shall prepare and furnish to any Owner written Vista Commercial Center Design Guidelines which shall set forth the general purposes of the Architectural Control Committee in reviewing proposed Buildings or Improvements, basic building and landscaping restrictions and requirements, architectural review procedures and requirements, and regulations pertaining to construction. Section 5.05 Fee. Each Owner may be required to pay a fee to the Architectural Control Committee as a condition to approval of any Building or Improvement to cover costs and expenses in reviewing and commenting on proposals for any Building or Improvement. The amount of such fees shall be established by the Architectural Control Committee and shall be set forth in the Design Guidelines. Section 5.06 Completion of Work After Approval. After approval by the Architectural Control Committee of any proposed Building or Improvement, such Building or Improvement shall be accomplished promptly and diligently and in complete conformity with the description of the Building or Improvement and with any plans and specifications therefor given to the Architectural Control Committee. Failure complete approved Buildings or Improvements within six (6) months after the date of such approval or to complete the proposed-Building or Improvement strictly in accordancewith the description thereof and-the-plans and specifications therefore shall operate automatically to revoke the approval of the Building or Improvement and, upon the demand by the Architectural Control Committee, the subject Lot shall be restored as nearly as possible to the state existing prior to any work in connection with the proposed Building or Improvement. The Architectural Control Committee shall have the right and authority to record a notice reflecting that Building or Improvement has not been approved or that any approval granted therefore has been revoked in accordance with this Section 5.06 Section-107 Violations If there is any Building or Improvement constructed or made on any Lot otherwise than in accordance with plans and specifications approved by the Architectural Control Committee pursuant to the provisions of this Article, Building or Improvement shall be deemed to have been undertaken in violation of this Article and without Approval required herein, and upon written notice from the Architectural Control Committee any such Building or Improvement upon any Lot in-violation-hereof shall-be removed-or-altered-so-as-to-extinguish-such-violation-or-violations. Section 5.08 Lien Right. If fifteen(15)days after the notice of such Violation in regard to any Building or Improvement, the Owner of the Lot upon which such Violation exists shall not have taken reasonable steps to the removal or termination of the same, or at any time thereafter said Owner fails to diligently remove or terminate said Violation, and upon approval of seventy-five percent (75%) vote of the Board of Directors of the Association, the Association shall have the right, but not the obligation, through its agents and employees to enter upon such Lot and to take such steps as may be necessary to extinguish such Violation. The cost to correct such Violation("Violation Cost") shall be a binding Personal obligation of such Owner. The costs to correct any Violation or violations shall include all costs of collection, including engineering fees, architectural fees, attorney's fees, or other professional fees incurred by the Association in connection with said Violation. If the MERVERIMATANCL.IENTSVMOR1ZIVISTA COVENANTS,DOC3/3IN8 S uhlwIIinuIImmImIiIllIUIUItFllIIII1 2607607 04/22/1998 09:54A Wald County Co 12 of 31 R 156.00 D 0.00 JA Suki Tsukamoto Violation Cost is not paid within ten (10) days after the date of billing, the Violation Cost shall bear interest at the rate of eighteen percent (18%) per annum. The Association is hereby granted a lien against the Owner's Lot for the costs to correct any such Violation or Violations together with interest thereon and costs of collecting same which lien shall be superior to all other liens excepting any tax lien, any first mortgage(including Deed of Trust)recorded prior to the recording of the lien provided for heroin any lien resulting from delinquency or non-payment of required- assessments and any non-payment of Default Charges. Said lien shall lien resulting from be Properly recorded in the office of the Clerk and Recorder of Weld County, Colorado. Said lien may be foreclosed upon as provided by the laws of the state of Colorado for foreclosure of mortgages on real property. Section 5.09 Right of Inspection. Any agent or employee of the Declarant, the Association and/or Architectural Control Committee may at any reasonable time or times enter upon and inspect any Lot or any Building or Improvement thereon for the purpose ascertaining whether the maintenance of such Lot and the maintenance, construction, or Buildings or Improvements are in compliance with the provisions hereof; and neither the Architectural Control Committee or the Association, nor any such agent or employee shall be deemed to have committed a trespass or other wrongful act by reason of such entry or inspection. Section-510 No-Liability; No Member of the Architectural Control Committee, the Declarant, the or any agent or employee thereof, shall be liable for any loss, damage or injury rising Out of or in connection with the performance of the duties of the Architectural Control Committee under this Declaration, unless such action constitutes willful misconduct or bad faith on the part of such party. Review and consideration of any application submitted to the Architectural Control Committee shall be pursuant to this Declaration, and any approval granted shall not be considered approval of the structural safety or integrity of the improvements to be constructed or conformance of such improvements with building codes, zoning resolutions, subdivision regulations, or any other governmental rules or regulations applicable to the Property. ARTICLE VI. LOTS Section 6.01 Number of Lots. The number of Lots in Vista is 38. The Developer reserves the right to create 46 additional Lots as further provided in Article VIII. Section 6.02 Identification of Lots The identification number of each Lot is shown on the Plat and Exhibit B of this Declaration. Section 6.03 Lot Boundaries The boundaries of each Lot are located as shown on the Plat. Section_6.L14 Division_or Combining of L ots,_ VSERVERl DATMCL16NT55F1 ORIZ5VISTA COVENANTS tOC3/31/D8 9 11111111111111111111111111111111111111111111111 111 1111 2607807 04/22/1998 09:54A Wald County CO 13 of 31 R 156.00 D 0.00 JA Suki Taukamoto Except with respect to Lots owned by Declarant, no lot may be subdivided nor may any Lot be combined with any other Lot or otherwise adjacent property without the written approval of the Executive Board. ARTICLE VII. COVENANT FOR ASSESSMENTS Section 7.01 Assessments. The Declarant, for each Lot owned within the property submitted to This Declaration or Supplemental Declaration to Vista, hereby covenants, and each Owner of any Lot by acceptance of a deed or other transfer instrument, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay to the Association the following (to be known collectively as "Assessments"): (a) General Assessments for expenses included in the budget, (b) Special Assessments for the purposes provided in this Declaration, and (c) Individual Lot Assessments for any charges particular to that Lot, together with a late fee and interest, as established by the Board, and cost of collection when delinquent, including a reasonable attorneys' fees whether or not suit is brought. Upon default in the payment of any one or more installments, the Board may accelerate the entire balance of such Assessment,which shall be declared due and payable in full. Section 7.02 Allocation of Common Expenses. Common Expenses shall be allocated among the Lots as provided in Exhibit C ("Allocation of Interests"). Section 7.03 General Assessments. (a) Establishment by Board. The Board shall set the date or dates such assessments become due and may provide for collection of assessments annually or in monthly, quarterly or semiannual installments. (b) Date of Commencement. The annual General Assessments shall begin no later than 120 days following the day of conveyance of the first Lot to an Owner other than the Declarant. The initial Assessment on any Lot subject to assessment shall be collected at the time title is conveyed to the Owner. During the initial year of ownership, each Owner shall be responsible for the prorata share of the annual General or Special Assessment charged to each Lot, prorated to the month of closing. Section 7.04 Special Assessment. In addition to the General Assessment, the Board may levy in any fiscal year a Special Assessment applicable to that year and not more than the next four succeeding years as follows: (a) Capital Improvements. Any substantial capital improvement which has been approved in accordance with Section 4.06 ("Capital Improvements") or any capital 1\SERV ERRDATA\CLIENTSVHIIIORIZ\VISTA COVENANTS.OOC3l3I198 1 0 1111111 11111 111111 11111 111111 1111111111 2607807 04/22/1998 09:54A Weld County CO 14 of 31 R 156.00 D 0.00 JA Suki Tsukamoto improvement not required to be approved by the Members may be paid by Special Assessment. (b) Emergency Assessment. By a two-thirds (2/3) vote, the Board may impose, a Special Assessment for any unusual or emergency maintenance or repair or other expense which this Declaration or the law requires the Association to pay (including, after depletion of reserves, any unexpected expenditures not provided by the budget or unanticipated increases in the amounts budgeted). Section 7.05 Individual Lot Assessment The Association-may-le;=y at any time an-Individual-Lot-Assessment-against-a-particular-Lot-for-the purpose of defraying, in whole or in part, the cost of any special services to that Lot, for expenses approved by the Association, or any other charges designated in this Declaration as an Individual Lot Assessment. Section 7.06 Capital Contribution. At the closing and transfer of title of each Lot to the first Owner other than the Declarant, the Owner shall contribute an amount equal to two months' assessments, or such greater amount as required by the Declarant by contract. This contribution shall be used by the Association for the purpose of initial and nonrecurring capital expenses of the Association and for providing initial working capital for the Association, and shall not be considered as a pre-payment of assessments. Section 7.07 Effect of Non Payment of Assessment;Remedies. (a) Personal Obligation. All Assessments, together with any late fee, interest and cost of collection when delinquent, including a reasonable attorneys' fees whether or not suit is brought (collectively the "Assessment- Charge")- shall-be the personal- obligation of the person or entity who was the Owner of the Lot at the time when the assessment was levied, and of each subsequent Owner. No Owner may waive or otherwise escape liability for the Assessment Charge by abandonment of the Lot. (b) Creation of Lien. The Assessment Charge shall also be charged on the land and shall be a continuing lien upon the Lot against which the Assessment Charge is made, which may be enforced upon recording of a claim of lien. This lien, in favor of the Association, shall secure the Assessment Charge which is then due and which may accrue subsequent to the recording of the claim of lien and prior to entry of final judgment of foreclosure. Any subsequent owner of the Lot shall be deemed to have notice of the Assessment Charge on the land,whether or not a lien has been filed. (c) Suit for Payment; Foreclosure of Lien. The Association may bring an action at law against the Owner personally obligated to pay the Assessment Charge, or may foreclose the lien in a manner similar to a mortgage lien, or both. The Association, acting on behalf of the Owners, shall have the power to bid for an interest in any Lot foreclosed at such foreclosure sale and to acquire, hold, lease,mortgage and convey the Lot. Section 7.08 Other Remedies. ASERV ER 11DATA\CL[ENTSI11\F IORIZIV I STA COVENANTS DOC3I31 N8 1 1 111111111111111111111111111111111111111111111111111 liii 2607807 04/22/1998 09:54A Weld County CO 15 o1' 31 R 156.00 D 0.00 JA Suki Tsukamoto The Association shall have the right to assess fines and suspend the voting rights and right to use of the Common Area by an Owner for any period during which any Assessment against his Lot remains unpaid. Section 7.09 Certification of Payment. The treasurer of the Association, upon request of any Owner, shall furnish a certificate signed by a member of the Board stating whether any assessments are paid to date by that Owner. Such certificate,when co-signed by the secretary of the Association, may be relied upon by a good faith purchaser or mortgagee as conclusive evidence of payment of any assessment therein stated to have been paid. Section 7.10 Examination of Books and Records. A First Mortgagee shall have the right to examine the books and records of the Association upon reasonable advance notice. Section 7.11 Notice to Mortgagee. Upon request of a mortgagee of any Lot, the Association shall report to such mortgagee any unpaid Assessments or other default under the terms of this Declaration which are not cured by said mortgagee's mortgagor within thirty (30) days. A may be charged by the Association to the mortgagee. Section 7.12 Notice of Meetings. Any first mortgagee of a Lot, upon written request, shall be entitled to written notice of all Association meetings and be permitted to send a representative to such meetings. Section 7.13 Mortgagee as Proxy. Each Owner shall have the right to irrevocably constitute and appoint the beneficiary of a trust deed to his true and lawful attorney to cast his vote in this Association at any and all meetings of the Association and to vest in the beneficiary any and all rights, privileges and powers that he has as Owner under the Articles of Incorporation and Bylaws of the Association or by virtue of the recorded Declaration of Covenants, Conditions, and Restrictions. Such proxy shall become effective upon the filing of notice by the beneficiary with the Secretary of the Association at such time or times as the beneficiary shall deem its security in jeopardy by reasons of failure, neglect or refusal of the Association, the managing agent or the Owners to carry out their duties as set forth in the Declaration of Covenants, Conditions and Restrictions, A release of the beneficiary's deed of trust shall operate to revoke such proxy. Nothing herein shall be construed to relieve an Owner as mortgagor of his duties and obligations as an Owner or to impose upon the beneficiary of the deed of trust the duties and obligations of an Owner. Section 7.14 Payment of Assessments by Mortgagees. Mortgagees of a Lot may,jointly or singly, pay taxes, Assessments or other charges which are in default and which may or have become a charge against any Lot. 11SERVERIIOATA4CLUENT$'IMIORIZIVISTA COVENANTS DOC3/31/99 12 111111111111 111111 11111111111 1111111111111111111 III llll 2607807 04/22/1998 09:54A Weld County CO 16 of 31 R 156.00 D 0.00 JA Suki Tsukamoto ARTICLE VIII. DEVELOPMENT RIGHTS AND OTHER SPECIAL DECLARANT RIGHTS Section 8.01 Development Rights Developer reserves the right to add real estate to Vista, create additional Lots, Common Elements or Limited Common Elements and withdraw real estate from Vista. Developer's right to add real estate to Vista shall apply solely to that real estate described in the attached Exhibit B. Section 8.02 Special Declarant Rights Developer reserves the right to complete the improvements within Vista, exercise the Development Rights described in Section 8.01 maintain sales offices, models, spec buildings, or management offices within Vista, use easements through common areas for the purpose of making improvements, appoint or remove officers or directors during the period of Developer control, make Vista subject to a Master Association, or merge or consolidate Vista with another common interest community. ARTICLE IX. ALLOCATED INTERESTS Section 9.01 Allocation of Interests. The common expenses of the Association and the voting rights of its members shall be allocated according to Lot ownership. Section 9.02 Common Expenses. Common Expenses shall be allocated among the Lots in Vista in accordance with the prorata share of the square footage of each Owner's Lot as it bears to the total square footage of all Lots, this allocation is further defined in the attached Exhibit C. Section 9.03 Voting. Each Owner shall be entitled to one vote for each Lot owned. ARTICLE X. RESTRICTIONS ON USE Section 10.01 Nuisances. No obnoxious, illegal, dangerous or offensive trade, services or activities shall be conducted on a lot nor shall anything be done thereon which may be or become and annoyance or nuisance to the Owners or Permittees of any Lot within Vista by reason or unsightliness or the excessive omission of fumes, odors, glare, vibration, gases, radiation,dust, liquid waste, smoke or noise. Section 10.02 Antennas. No exterior television, radio or satellite or other communications antennas, dishes or aerials of any type shall be placed, allowed or maintained on any portion of a Lot without the prior written approval of the Architectural Control. committee. If the ACC grants such approval it may, at its discretion, require appropriate screenings as a condition of its approval. Section 10.03 Outside Storage. titSCRVBRI1DATAICLIENTSMOR1Z1V1STA COVENANTS.DOCJIJ1198 13 11111111111111111111111 111111 1111111111 III 111111 III IIII 2607807 04/22/1998 09:54A Weld County CO 17 of 31 R 106.00 D 0.00 JA Suki Tsukamoto No materials, supplies, equipment, finished or semi-finished products or articles of any nature shall be stored or permitted to remain on any Lot outside of the Buildings without the prior written approval of the Architectural Control Committee. If the ACC grants such approval it may, at its discretion, require appropriate screening, including fencing, shrubs, hedges or other foliage as necessary to keep the Lot in a neat and attractive condition. Section 117.-#4- Signs. All signs shall conform to the Design Guidelines, if any, adopted by the Architectural Control Committee and all applicable laws and governmental regulations. No signs shall be permitted anywhere within Vista without the express written approval of the Architectural Control Committee. Section 10.05 Loading and Unloading. All vehicles shall be parked within the Lot when loading and unloading. No loading dock shall be erected on the side of any building facing a public street or access easement unless approved, in writing,by the Architectural Control Committee. Section 10.06 Parking. Each Owner shall provide adequate on site parking for all of such owners Permittees and the location, number and size of parking spaces shall be subject to approval of the Architectural Control Committee. All on site parking, access drives and loading areas shall be paved and graded to assure proper drainage. No parking shall be permitted on any public street or access easement except with the prior written approval of the ACC. Section 10.07 Utility Connections. All utility lines and connections shall be underground. Transformers and utility meters of any type shall be adequately screened from view and all installations of transformers and/or meters are subject to the prior approval of the Architectural Control Committee. The ACC may require the Owner to grant an easement for utilities within the set back area of such Owner's building and/or other improvements for the benefit of the other Owners or the Association. Section 10.08 Trash and Weeds. Each Owner shall provide for the prompt collection and removal of trash from their Lot at the Owner's expense. The Owner of any Lot shall keep the premises free of trash, refuse, obnoxious weeds, or debris of any kind, whether said Lot is improved,vacant or occupied. If any Owner does not keep their Lot in a neat and orderly and acceptable condition, the ACC, after written notice to the Owner, may under take any necessary cleanup or other action that the ACC deems appropriate and the Owner shall be held responsible for any and all charges or expenses incurred by the ACC as a result of such cleanup or action. Section 10.09 Vehicles. Abandoned or inoperable vehicles shall not be stored or parked on any Lot. "Abandoned or Inoperable Vehicle: shall mean any vehicle which has not been driven under its own propulsion for the period described or set forth by Colorado law, or for a period of one week,whichever period is shorter. A written notice describing the abandoned or inoperable vehicle and requesting the removal thereof shall be personally served upon the owner of the vehicle or Lot or posted on the RSERVERI\AATAICLUENiSIN1ORIZIVISTA COVENANTS-DOC3/3II98 14 111111111111111111111111111111111111111111111111 1111111 2607807 04/22/1998 09:54A Weld County CO 18 of 31 R 156.00 D 0.00 JA Suki isukamoto vehicle. If such vehicle is not moved within 48 hours of the service or posting of such notice, the Association or the ACC shall have the right to remove the vehicle and without liability to it and the expense thereof shall be charged to the owner of the vehicle or Lot. All unsightly or oversized vehicles, snow removal equipment, yard or garden maintenance equipment and other unsightly or oversized equipment and machinery shall be stored inside a Building unless otherwise approved by the ACC. Section 10.10 Lighting. No light shall be emitted from any Lot which is unreasonably bright or causes unreasonable glare. To the extent practicable, no lighting shall extend beyond the Lot boundaries. All lighting shall conform to the specifications of the Design Guidelines. Section 10.11 Reflective Glass. No reflective glass shall be utilized in any Building or Improvement unless otherwise approved by the ACC. ARTICLE XI. EASEMENTS AND LICENSES Section 11.01 Members'Easements of Enjoyment. Every Member shall have a right and easement of enjoyment in and to the Common Areas and such easement shall be appurtenant to and shall pass with the title to every Lot. However, no right or easement of enjoyment shall arise in any portion of the Common Areas until that portion of said Common Areahas_been_c__onvcyed`tri the Association and the deed conveying the same has been recorded on the records of the Clerk and Recorder of Weld County, Colorado. The rights and easements of enjoyment created hereby shall be subject to the following: (a) All easements, reservations, restrictions, covenants and agreements of record affecting the Development as of the date and time of the recording of this document; and (b) The right of the Association to prescribe reasonable rules and regulations governing use of the Property and the Common Area and providing rules for use by Members, Members' families, tenants, tenants' families and guests; and (c) The right of the Association to limit the number of guests of Members; and (d) The right of the Declarant and the Association, in accordance with its Articles and Bylaws, to borrow money for the purpose of improving the Common Area and in aid thereof to mortgage the Common Area, or parts thereof, provided that any such mortgage shall require the written approval of seventy-five percent (75%) of the first mortgagees. In the event of a default upon any such mortgage, the lender's rights hereunder shall be limited to a right, after taking possession of such properties, to charge admissions and other fees as a condition to continued enjoyment by the Members until the mortgage debt is satisfied, whereupon the possession of such properties shall be returned to the Association, and all rights of the Members hereunder shall be fully restored; and 5'.SE1LV l3RI\DATA\CLIENTSUN1OR1Z\V1STA COVENANTS.000]/]I/98 1 5 111111111111111111111111111I 11111111111111111111111111 2607807 04/22/1998 09:54A Weld County CO 19 of 31 R 156.00 D 0.00 JA Suk! Tsuksmoto (e) The right of the Association to take such steps as are reasonably necessary to protect the Common Areas against foreclosure; and (f) The right of the Association, as provided in its Articles and Bylaws, to suspend the enjoyment rights of any Member or his family, tenant, tenant's family or guests for any period during which any Assessment on the Member remains unpaid and for any period not to exceed thirty(30) days for any infraction of its published rules and regulations; and (g) The right of the Association to charge Members, Members' families, tenants and guests reasonable admission and other fees for the use of the Common Areas; and (h) The right of the Association to dedicate or transfer all or any part of the Common Area to any public agency, authority or utility for such purposes and subject to such conditions as may be agreed to by not less than 75%of the Members. No such dedication or transfer shall be effective unless an instrument signed by seventy-five percent (75%)_ 6f the first mortgagees has been recorded agreeing to such dedication or transfer. (i) The right of the Declarant (or its assigns, employees and contractors to enter upon the Common Areas and install, construct, maintain, repair, replace and operate drainage facilities. Section 11.02 Title to Common Areas;Additions to Common Areas. The Declarant covenants for itself, its successors and assigns that Declarant will convey fee simple title to the Common Areas to the Association, free and clear of all encumbrances and liens on or before January 1, 2001. The Declarant, or the Declarant's assigns, may convey additional property to the Association, which property shall be accepted by the Association and held as part of the Common Areas; provided, however, that the Association shall not be required to accept the conveyance of any such additional property unless the said additional property is located within the Development and, unless at the time of conveyance of the said additional property, said property is improved and landscaped to meet the requirements, if any, of the governmental authorities having jurisdiction or the Board of Directors of the Association shall have obtained assurances satisfactory to it that such work will be accomplished. The Board of Directors may at any time accept the conveyance of additional properties which do not meet the foregoing standards if the Board of Directors determines that such action would be beneficial to the Members. The Association agrees to accept the Common Areas as conveyed and to operate, maintain and repair all structures, landscaping, paths and related facilities and amenities now or hereafter constructed, installed or planted thereon, using its powers of assessment granted herein to raise funds with which to do so. Specifically, the Association shall be responsible for the following: (a) The operation, maintenance and repair of any structures, signs, landscaping and related facilities and amenities now or hereafter constructed, installed or planted upon the Development; and V1SER VERl1DATAVCLIENTSYINIDRJZ\V1STA COVENANTS DOCM3 I/98 16 1111111 11111 111111 11111 111111 1111111111 III 1111111 111111 2507807 04/22/1098 09:54A Weld County CO 20-of- 31- R- 155--.00- 9- 9-00-JA-8uk-i- Tsukaooto- (b) The operation, maintenance and repair of any structures, facilities, landscaping and appurtenances thereto (including, specifically, drainage or storm sewer facilities, and inlet or outlet structures therefor) constructed or installed in or on the Common Areas, and in or on easements attaching or appurtenant thereto. (c) The acquisition and maintenance of the liability insurance described and provided for in this Declaration. Section 11.03 Delegation of Use. Any Member may delegate, in accordance with this Declaration, his rights of enjoyment to the Common Areas to the members of his family,his tenants, or contract purchasers who reside on his Lot. Section 11.04 Charges Against Common Areas. Mortgagees, jointly or singularly, may pay over-due premiums on hazard insurance policies or secure new hazard insurance coverage on a lapse of a policy for such Common Areas and may also pay taxes and other charges which are in default or which may or have become a_charge against such Common Areas. A first mortgagee making such payments shall be owed immediate reimbursement therefore from the Association. ARTICLE XII. GENERAL PROVISIONS Section 12.01 Duration. The Covenants, Conditions and Restrictions of this Declaration shall run with the land, and shall inure to the benefit of the Association and the Owner of any Lot subject to this Declaration, their respective legal representatives, heir, successors, and assigns, for a term of thirty (30) years from the date this Declaration is recorded, after which time these covenants shall be automatically extended for successive periods of ten(10) years unless an instrument terminating these Covenants and Restrictions signed by the then Owners of seventy-five percent(75%) of the Lots and seventy- five percent-(75%)_of the firstmortgagee has-been-recorded-prior-to-the-commencement-of any tenyear period. Section 12.02 Amendments. These Covenants and Restrictions may be amended by an instrument executed on behalf of the Association by the President and attested by the Secretary; provided that, any amendment shall have the assent of seventy-five percent (75%) of the votes of the Members who are voting in person or by proxy, at a meeting duly called for this purpose, written notice of which shall be sent to all Members at least thirty (30) days in advance and shall set forth the purpose of the meeting. Any amendment must be properly recorded. The quorum required for any action authorized by this Section shall be as follows: (a) At the first meeting called, as provided for in this Section, the presence at the meeting of Members or of proxies entitled to cast sixty percent (60%) of all the votes of the Membership shall constitute a quorum. If the required quorum is not forthcoming at this meeting, another meeting may be called, subject to the notice requirements set forth above 0.SERVE.R110ATA1CLIENTS53;ti31ORIZIVISTA COVENANTS-4003/31/98 17 I 111111 11111 111111 11111 111111 1111111111 2807807 04/22/1998 09:84A Wald County CO 21 of 31 R 158.00 D 0.00 JA Suki roukamoto and-the-required quorum atsuclrsubsequent-meeting-shall be-one-half(!I2)-of the-required- quorum at the preceding meeting; provided, that no such subsequent meeting shall be held more than sixty(60)days following the preceding meeting. Section 12.03 Enforcement. The Association, any Owner, Architectural Control Committee and/or the Declarant, may enforce by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges now or thereafter imposed by the provisions of the Declaration, either to prevent or restrain any violation of same, or to recover damages or other dues for such violation, or to obtain such other relief as may be available. Failure by the Association or by any Owner to enforce any • covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. Section 12.04 Applicability to Governmental Agencies. To the extent permitted by the Act, these Covenants and shall not apply to any governmental agencies that own or acquire property within Vista, nor shall any Design Guidelines apply to any governmental agencies that own or acquire property within Vista. Section 12.05 Notices. Any notice required to be sent to any Member or Owner under the provisions of this Declaration shall be deemed to have been properly sent when mailed, post-paid, to the last known address of the person who appeared as a Member or Owner on the roster of the Association at the time of such mailing. Section 12.06 Attorney's Fees and Costs. If any action is brought in a court of law or put into arbitration as to the enforcement, interpretation, or construction of any of these Covenants, Conditions and Restrictions, the prevailing party in such action shall be entitled to recovery of engineering fees, architectural fees, attorney's fees, or other professional fees as well as all costs incurred in the prosecution or defense of such action. Section 12.07 Binding Effect. The benefits and duties herein accrued to or imposed upon the Declarant shall be binding upon and inure to the benefit of the Declarant and its successors and assigns. Section 12.08 Power to Assign and Delegate. Declarant shall have the right and power to assign and delegate to any person or entity its successors and assigns, at any time and from time to time, all or part of any of the rights, powers, authorities,title, interest, and duties contained in this Declaration. Section 12.09 Mergers. Upon a merger or consolidation of the Association with another Association as provided in its Articles of Incorporation, its properties, rights and obligations may, by operation of law, be transferred to another surviving or consolidated association or, alternatively, the properties, rights and obligations of another association may by operation of law, be added to the Property, rights and obligations of the Association as a surviving corporation pursuant to a merger. The surviving 1LSERVERI1DATA\CLIENTS\F11HOR1Z\VISTA COVENANTS OOC3131/48 18 111111111111111111111111111111111111111111111111111 liii 2607807 04/22/1998 09:54A Wald County CO 22 of 31 R 156.00 D 0.00 JA Suki Tsukamoto or consolidation association shall administer the covenants and restrictions established by this Declaration together with the covenants and restrictions established upon any other properties as one scheme. No such merger or consolidation, however, shall effect any revocation, change or addition to the covenants, established by this Declaration except as hereinafter provided. Section 12.10 Zoning and Specific Restrictions. The restrictions contained in this Amended Declaration shall not be taken as permitting any action prohibited by the applicable zoning laws, or the laws, rules or regulations of any governmental authority, or by specific restrictions imposed by any deed or lease. In the event of any conflict between the provisions of this Declaration and restrictive provisions of such laws, rules, regulations, deeds, and/or leases,the most restrictive provision or provisions shall apply. Section 12.11 Severability. If any provision of this Agreement is declared by a court of competent jurisdiction to be invalid, void or unenforceable, such provision shall be deemed to be severable, and all other provisions of this Agreement shall remain fully enforceable, and this Agreement shall be interpreted in all respects as if such provision were omitted. Section 12.12 Governing Law. This Declaration shall be construed in accordance with the laws of the State of Colorado. IN WITNESS WHEREOF, the undersigned does hereby make this Declaration of Covenants, Conditions and Restrictions for Vista and has caused this Declaration to be executed as of the day and year first above written. [SIGNATURES ON FOLLOWING PAGE] 1LSERVERI\DATA\CL IENTSVit}IORIZIVISTA COVENANTS.DOC3/3I 98 19 1111111 11111 111111 11111 111111 1111111111 III 1111111 I11111 2607807 04/22/1998 09:54A Wald County CO 'Ijc41 23 of 31 R 156.00 D 0.00 JA Sukl Taukamoto DECLARANT/DEVELOPER: Horizon yes me , LC By: - LY e Dehnin , I ' al Lot Owne , Lot of 6J g ea 3 cor A' 11.474 6P ! Initial Lot Owner, Lot `I' Initial Lot Owner,Lot `1 441 04/4t4 • LC.t- n n--1 , Initial Lot Owner, Lot ' ,Initial Lot Owner, Lot j p " 3 CL n UG 3 ,Initial Lot Owner, Lot � , Initial Lot Owner, Lot j LK3 l3LK3 Vr_A"ef ,initial Lot Owner, Lot QLk 3 • \NERVERI\DATAICLIENTS51IUloRITNISTA COVENANTS.DOC3131198 20 111111111111111111 I111111111111111111111111111111111111 2607807 04/22/1998 09:54A Weld County- CO 24 of 31 R 156.00 D 0.00 JA Suki Tsukamot.o STATE OF COLORADO ) )ss. COUNTY OF BOULDER ) The foregoing instrument was acknowledged before me this 10th day of April , 1998, by Lyle E. Dehning ,Member-Manager of Horizon Investments, LLC a Colorado Limited Liability Company. Cy WITNESS my hand and official seal. My commission expires: My Commission Expires 01/11,2001 7"f >2 O N tary Public .�" �,„� • 4�p AI7/200! STATE OF COLORADO ) )ss. COUNTY OF-B-OULDE€ ) '`ti p,Ft oy y, V • OTq •. 9F `► The foregoing instrument was acknowledged before me this 10th day of ; • R7•, April , 1998,by David H. Wynja and Sandra A. Wynja / • • WITNESS my hand and official seal. ++ •� •, o� G.;' My Commission Expires 01/17/20a �F��• L� o� My commission expires: � coal' z(2 all C°11"ssionEw+aesoi t ragt No�zry Public STATE OF COLORADO ) )ss. COUNTY OF BOULDER )- The foregoing instrument was acknowledged before me this day of , 1998, by . WITNESS my hand and official seal. My commission expires: • 1lSERVERI'DATA\C[.IENr$1MHORIZIVISTA COVENANTS.DOC3I31NB 21 i 1111111111111111111111111111111111111111111111111111111 2607807 04/22/1698 09:54A Wald County CO 25 of 31 R 156.00 D 0.00 JA Suki 7sukamoto Notary Public STATE OF COLORADO ) )ss. COUNTY OF BOULDER ) The foregoing instrument was acknowledged before me this 10th day of April , 1998,by Emory Howath, President, Custom Microwave WITNESS my hand and official seal. L�.Yp,Ft kti L. Dy g. My commission expires: My Commission Expires Qi/17/2001 (1 !- • Not Public 2'••Lig OO ry rF° ...••'Ps of cOLOP My Commission Expires 01/17/2001 STATE OF COLORADO ) )ss. COUNTY OF BOULDER ) The foregoing instrument was acknowledged before me this 10th day of April , 1998, by Carl Schaal and Pamela M. Schaal _.." \ IN ‘ ' -'a WITNESS my hand and official seal. +,,—.0�Tq;�.1, ,y f 9' 4.) ' My commission expires: My Commission Expires 01/17/2001 • . �, � rri I.I>o. a t%G..: Notary Public i‘‘ of Cu > = MY COMmissiv E OVI STATE OF COLORADO ) )ss. COUNTY OF BOULDER ) The foregoing instrument was acknowledged before me this 10th day of =pgV1N L `Nk, 4.April , 1998, by Robert Jay Perkins and Diana R. Perkins i= 0Tq �j F,I i ', WITNESS my hand and official seal. i ' J r My commission expires: my t ommission Expires Miaow e7 co '.••A� O y�/72 (° C Oi Not Public !` Cownissiq Estworitoiso ..SERVER110ATA\CLIENTS'B\HORIZIVISTACOVENANTs.QOC3f31198 22 1 1111111111111111111111111111111111111111111111111111111 2607807 04/22/1808 09:64A Weld County CO 26 of 31 R 166.00 D 0.00 JA Suki Tsukamoto STATE OF COLORADO ) )ss. COUNTY OF BOULDER ) The foregoing instrument was acknowledged before me this 10thday of April , 1998, by Jacqueline D. Jones, Tenbar Inc d/b/a Beverly Building Co. WITNESS my hand and official seal. \i 4 i„�� . 0 j, My commission expires: My Commission Expires 01117/2001 N.b. ' x 9 /7 ' 12% No far Publ c 4 ��9 �B L1G°°o 07 TF'•o°... °gyp STATE OF COLORADO ) My Commission )ss. moires Oi/i7/2ppy COUNTY OF BOULDER ) The foregoing instrument was acknowledged before me this 10th day of V1N L. April , 1998, by John G. Peterson and Alison Peterson p......... Oyu �`-aO TA,6.,,:•.C.:0 WITNESS my hand and official seal. Commission Expires 01/17/2004 My commission expires: tie LAG.: . / onV OF COLOQP Not Publicy Comrr E . STATE OF COLORADO ) )ss. COUNTY OF BOULDER ) The foregoing instrument was acknowledged before me this day of , 1998, by WITNESS my hand and official seal. My commission expires: My Commission Expires 01/17/2001 Notary Public YSEAVERI\DATANCLIENTS11\HOR1Z\V1STA COVENANTS,DOc3/31/98 23 r 111111111111111111111111111111111111111111111111111111 2607807 04/22/1998 00:54A Weld County CO 27 of 3r1- A- 156.00 O-0,00 JP Sula- Taukemoto- EXHIBIT A-1 OIRCEL It • AN UUOYVIDED INT-.-RE'S;' in JWD TO TyiE 50LL0WINC DESCRIBED PRO!WY: A tract of land located In parts of Sections 5 and 8, Township 2 :forth of Range 68 west of the 6th P.M. , weld County. Colorado. and being more parcLcuiariv descrtbee as callous! Segi_ning at i paLnt on the'We.E line of the N14114 of said Section a from which the NW corner of said Section 8 bears North 00 30' 22" Nast a distance of 119.70 feet, ,ra!d point being on.the South line of State Highway 1.9; thence along said South line ofosaid highway North 88°L5' 44" East a distance of 2664.15 feet; thence South 01 19'44" West and leaving said highway a dissanee of 20.06 feet to the Ulf/4 corner of said sac=+on 8; thence South 00 24'42* West A distance of 1323 .39 feet to a. point on the South line o the N1/2 of the N1/2 of said Section a; thence along said South lined North 88 20' 51" {last a distance oA 2642.81 fact to a, point on the West line of raid Section 8; thence North 00 38'22" West a distance of 1186.42 feet to the point of beginning. together with An undivided interest in and to the following: all ditch and water rights appertaining thereto, including but not necessarily limited to: 4 & 940/2000ths shares of the capital stock of the Oligarchy Extension Ditch Co. ; 2 & 99/1lOths shares of the capital stock of the Oligarchy Irrigation Co. ; 2-1/2 shares of the capital stock of the Lower Oligarchy Ditch Co. ; one Left Hand Water District domestic water tap located at 1J70 Hwy. 119, Longmont, Colorado; 75 acre foot units as allatted • to said premises by the Northern Color'i110 • Water Consar-vancy District; • • 24 1 1111111 11111 111111 11111 111111 1111111111111 2607807 04/22/1998 09:54A Weld County CO 28 of 31 R 156.00 0 0.00 JA Sukt Taukamoto EXHIBIT A-2 Subject to the Following Encumbrances of Record: COMMITMENT FOR TITLE INSURANCE • # r * r SCHEDULE• B Section 2 RE: Our Order No. : UQ43676 EXCEPTIONS: The policy or policies to be issued will contain exceptions for defects, lieaa; encumbrances, adverse claims or other matters, if any, created, first appearing inrcNe' public records or attaching subsequent to the effective date hereof but prior o tie. • date the proposed insured acquires of record for value the estate or interest 4r mortgage thereon covered by this Commitment; and exceptions to the following matter! unless the same are disposed of to the satisfaction of the company: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, era an facts which a correct survey and inspection of the premises would disclose and lrhic - are not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereaft*r furnished, imposed by law and not shown by the public records. • S. Taxes and assessments which are a lien or due and payable; and any tax, special assessments, charges or lien imposed for water or sewer service, or for any other special taxing district, any unredeemed tax sales. 6. Taxes for the year 1997, a lien, but not yet due or payable. *****NOTE: Please see Requirement Item b, Schedule B, Section 1. 7. Reservation as contained in Patent recorded MARCH 21, 1885 in BOOK 34 at PAGE 118, said reservation being as follows: Right of the proprietor of a vein or lode to extract and remove his ore therefrom should the same be found to penetrate or intersect the premises . • 8. Oil and Gas Lease from C.Q. RICHARDSON, LEO F. IMAGO AND BETTY JO SECOR•to BUDDY BAKER, recorded MAY 29, 1980 in BOOK 904 as RECEPTION NO. 1826006; AMENDMENT REC3RDEp: SETT-+E-M3ac`- 17-, 1984 IN- BOOK 104`3 KS- RECEP" TONr- NO-. 1-9-8195T; CO-M=1-00-O5 LEASE RECORDED SEPTEMBER 17, 1984 IN BOOK 1043 AS RECEPTION NO. 1981954 AND RECD EDr SEPTEMBER 14, 1984 IN BOOK 1043 AS RECEPTION NO. 1981769; AFFIDAVIT OF PRODTTCTIOT RECORDED OCTOBER 3, 1985 IN BOOK 1086 AS RECEPTION NO. 2027311, and any interests therein, assignments, or conveyances thereof. 9 . Terms, conditions and provisions of_ S_UBDI_Vi5ION SERVICE_ AGAEEIT.MTi';_ he s.e n_ S_T.. VRAIN SANITATION DISTRICT and HORIZON INVESTMENTS, L.L.C recorded APRIL 14, 1997 in BOOK 1600 as RECEPTION NO. 2542719. 25 1111111111111111111111111111111111111111111111111111111 2607807 04/22/1998 09:54A Wald County CO 29 of 31 R 156.00 D 0.00 JR Suki Tsukamoto EXHIBIT A-3 UO43676 10. Terms, Conditions and provisions of SUBDIVISION/MULTIPLE TAP SERVICE AGREEMENT. between LEFT HAND WATER DISTRICT and HORIZON INVESTMENTS, LLC recorded APRIL 21, 1J91 in BOOK 16O1 as RECEPTION NO. 254382O. . 11. Terms, conditions and provisions of IMPROVEMENTS AGREEMENT ACCORDING POLICY REGARDINd COLLATERAL FOR IMPROVEMENTS (PUBLICLY MAINTAINED ROADS) , between COUNTY OF WELT ancA HORIZON- tiW ST `rr LLC recorded- i1A 27, -99;- tm BOOR- T-6-as- as RECEPTION NO. 25498951. 12. Terms, conditions and provisions of ROAD MAINTENANCE AND IMPROVEMENTS AGREEMENT, between COUNTY OF WELD and HORIZON INVESTMENTS, LLC recorded MAY 27, 1997 in BOOK 1413 as RECEPTION NO. 2549896. 13 Easement for utility and drainage purposes as shown on the plat of subdivision, sail + • easement being over the WEST AND SOUTH 15 feet of subject property. 14. Subject to the Notes as shown on the plat of Vista Commercial Center Filing I, recorded July 29, 1997 in Book 1618 as Reception No. 256O213, and as shown on corrected plat recorded August 28, 1997 in Book 1623 as Reception No. 2566006. 15. Covenants and restrictions, which do not contain reversionary clauses, recordediAUGZIS1 7, 1997 in BOOK 162O as RECEPTION NO. 256247O. 16. Any lien, whether by statute or otherwise, to secure payment of the assessments provided for under that certain agreement recorded AUGUST 7, 1997 in BOOK 162O as RECEPTION NO. 256247O. • 26 111111111111111111111111111111111111111 I111111111111111 2007807 04/22/1908 09:54A Wald County CO 30 of 31 R 100.00 D 0.00 JA Suki Teukamoto EXHIBIT B PARCEL 2: ` . A tract of land located in part of the S1/2 of Section 5 and the N1/2 of Section 8, Township 2 North, Range 64 West of the 6th. P.M. , Weld County, Colorado; more particularly described as foliowa: • Commencing at the Northwest corner of Section 8 std considering the North Line of the N441/4 of Section 8 to beat' South 80°18'18' East with all other bearings raIatt-v- theLeLo-;- Li - Soutar 00gi-8°22' Eat, 1.19.70- feet- along the 'Hest line of said Nwl/4 of Section B to the South Right-of-Way line of Colorado State Highway 119; thence continuing along said South Right-of-Way Forth. 48°15144" 44" East, ' 266O5.15 feut to a point in Section S from whence the N1/4 corner of • Section 8 bears South 01°19' 44" West at a distance of 10.06 feet, ' and the True Point of Beginning; thence continuing throilgh Section 5, North 88017'55" East, 857.50 feat to a curve; thence along a. curve to the right, whose central angle is 08 54'28", radius is 56]0.00 feet and whose long chord bears South • 87o14'51" East, 874 :41 feet; thence South 80o55' 1.2" East, 163 .40 feet to a • point of departure from the South Right-of-Way of Colorado State Highway 119 and the Northwest corner of a parcel dec_ibed in Wald County Records under • Book 1163 as Reception No. 2L07310 ; thence South 09804'48" West, 89.04 feet across the Forth line of Section 8 to a curve; thence along a curve to the left whose central angle is 11°09' 20", radius is 360.00 feet and whose long chord bears South 39O55'04" East, 70.00 feet; thence South 34°20'19' Eat, 240.00 feet to a curve; thence along a curve to the left whose central angle DEED- is 55°15' 00", radius' is 210 .00 fees and whose long chord bears South Si 51'4h". DEED- East, 204 .02 feet; thence South 6-9- 31-'11--- East, 3fi0-.00 sec t-- the- Southe—• • • • 27 1' I AIM 11111111111 11111 1111111111111111111 Mill 11111 IMMI 2007807 04/22/1998 09:54A Wald County CO 31 of 31 R 156.00 D 0.00 JA Suki Tsukamoto EXHIBIT C Chart of Allocated Interests y�1 .'r_ Iir ° 1119 - SJAili 4 1_i l i i( M kJ'16 i'! P 1 i b' i ' M u fi, f c. .',,kliir.i) ;i •V:: Il Iil�l llr .,uI .AII! ' '`,iiI Il. 'y• Y leI IIII 9 IAt. iLU, i ¢, 3 II f 3: 1811 1 II ! �I iIpp0. 1 "€I g- _ q .��. � ,� 4�, � [ � d r I l �r 1 ll r� I i i i t � I�I , .111 ,i,F• .i 11 Y �3 _.: 3 ..g -r ,1_i t"i!.1 ;'49 F `e ,AL,_, mil 1111 1 i 1itit 0 1.1n`1 ] 1,i1 Lot 1, Block 1 3.6094 Lot 115_Block_7_ _ 2.2725_ Lot 2,Block 1 2.2915 Lot 12,Block 2 2.3109 Lot 3,Block 1 2.3407 Lot 13,Block 2 2.5926 Lot 4,Block 1 2.3227 Lot 14,Block 2 2.5663 Lot 5, Block 1 2.3780 Lot 15,Block 2 3.2970 Lot 6,Block l 2.1810 Lot 1, Block 3 3.1710 Lot 7, Block 1 2.1986 Lot 2,Block 3 4.7477 Lot 8,Block 1 2.1717 Lot 3,Block 3 6.0331 Lot 9, Block 1 2.1083 ' Lot 4,Block 3 3.7905 Lot 1, Block 2 2.4422 Lot 5,Block 3 3.0232 Lot 2,Block 2 - 2.4211 Lot 6,Block 3 1.0015 Lot 3,Block 2 2.5663 Lot 7, Block 3 1.1432 Lot 4,Block 2 2.6111 Lot 8,Block 3 2.9643 Lot 5, Block 2 2.3086 Lot 9, Block 3 2.9260 Lot 6,Block 2 2.2654 Lot 10,Block 3 2.8869 Lot 7,Block 2 2.2509 Lot 11,Block 1 2.8498 Lot 8, Block 2 2.2511 Lot 1,Block 4 2.0888 Lot 9,Block 2 2.2512 Lot 1, Block 5 . 2.5630 Lot 10, Block 2 2.2514 Lot 2, Block 5 2.5505 Total Col. 1 45.2212% Total Col. 2 54.7788% ALLOCATION FORMULA: Common Expense Assessments have been determined based upon the following formula: Each Lot's percentage allocation of the Common Assessments is determined by dividing the square footage of each individual Lot by the approximate combined square footage of all Lots (NOTE: RELATIVE PERCENTAGES ROUNDED FOR SIMPLICITY). . COLORADO ESCROW AND TITLE SERVICES, INC. 520 MAIN STREET,SUITE C 11 SERVERIIDATAICL1ENTS\JN1ORIZIVISTACOVENANTS,DOC4I2f98 28 LONGMONT, COLORADO 80501 mm_ [ Hello