HomeMy WebLinkAbout20142884.tiff (pooh 13-000Z
PLANNED UNIT DEVELOPMENT (PUD) CHANGE OF ZONE APPLICATION
FOR PLANNING DEPARTMENT USE DATE RECEIVED:
RECEIPT/AMOUNT# Is CASE*ASSIGNED:
APPLICATION RECEIVED BY PLANNER ASSIGNED:
Parcel Number: 1311 08 400008
Legal Description: Lot B Recorded Exemption 12-0025 being part of the N2 SE4 Section 8, Township 2, Range 67
West of the 61h P.M., Weld County, Colorado
Existing Address: NA
Existing Zone District: Agricultural Proposed Zone District: PUD Total Acreage: 67.1 acres
Proposed#/Lots: 16 Average Lot Size: 3.85 Minimum Lot Size: 2.01
Proposed Subdivision Name: Panorama Estates
Proposed Area (Acres) Open Space: 1
Are you applying for Conceptual or Specific Guide? Specific
CONTRACTED TO PURCHASE THE PROPERTY:
Name: Panorama Estates, LLC c/o Chris Zadel
Work Phone#: 303-857-1754 Email Address: cjz@ncconstructors.com
Address: 9075 CR 10, Fort Lupton, CO 80621
FEE OWNER(S) OF THE PROPERTY:
Name: Goddard Investments, LLC
AUTHORIZED AGENT:
Name: Sheri Lockman, Lockman Land Consulting, LLC
Phone#: 970-381-0526 Email Address: sherilockman@what-wire.com
Address: 36509 CR 41
Eaton, CO 80615
UTILITIES: Water: Central Weld County Water District
Sewer: Septic
Gas: Propane
Electric: United Power
Phone: Century Link
DISTRICTS: School: Gilcrest School District RE1
Fire: Mountain View Fire District
Post: Firestone
I (We) hereby depose and state under penalties of perjury that all statements, proposals, and/or plans submitted with or
contained within the application are true and correct to the best of my (our) knowledge. Signatures of all fee owners of
property must sign this application. If an Authorized Agent signs, a letter of authorization from all fee owners must be
included with the application. If a corporation is the fee owner, notarized evidence must be included indicating the
signatory has the legal authority to sign for the corporation. I (we), the undersigned, hereby request hearings before the
Weld County Planning Commission and the Board of County Commissioners concerning the proposed Change of Zone
for the above described unincorporated area of Weld County, Colorado.
6\2-
Signature: Own r or Authorized Agent Date Signature: Owner or Authorized Agent Date
461L 411i
IPLANNING SERVICES DEPARTMENT OF
C. 1555 N 17th AVE
8 GREELEY, CO 80631
PHONE: (970) 353-6100, Ext. 3540
COLORADO FAX: (970) 304-6498
AUTHORIZATION FORM
Sheri Lockman,
I Lockman Land Consulting, LLC represent Panorama Estates, LLC for the property
(AgenVAp Iican ) Owner)
located at hot B RE 12-0025 being part of the N2 Se
•
LEGAL DESCRIPTION: SEC 8 TWN 2 RNG 67
SUBDIVISION NAME: LOT BLK
I can be contacted at the following phone #'s: Home
Work 970-381-0526
Fax it 970-454-2019
The property owner can be contacted at the following phone#'s
Home
Work 303-857-1754
Fax # 303-857-2933
Correspondence mailed to (only one): X Agent/Applicant
❑ Property Owner
DATE 3\t9- It-{
OWNER'S SIGNATURE C--AA /,�„l
SUMMARY OF REFERRAL AGENCY CONCERNS
TOWN OF FREDERICK
Town of Frederick representative Chris Kennedy indicated that the site is outside of the town's
Comprehensive Plan area.
WELD COUNTY ZONING COMPLIANCE
Weld County Zoning Compliance Officer indicated no conflicts with their interests.
WELD COUNTY BUILDING INSPECTION
No concerns were raised by the Weld County Building Inspection Department. All requested building
permits will be obtained at the appropriate time during the building phase of Panorama Estates.
MOUNTAIN VIEW FIRE RESCUE
LuAnn Penfold, Fire Marshal, indicated that the Fire District does not object to the proposed plan and
subsequent development, provided the development is able to meet the requirements of the Fire District.
The applicants met with Chuck Boyes, Fire Prevention Specialist, prior to submitting the Sketch Plan
application. Mr. Boyes outlined all District requirements at that meeting. Comments regarding water
pressure, fire hydrants, gate locks, access roads and constructions plans have been noted and will be
completed according to the Fire District regulations.
COLORADO GEOLOGICAL SURVEY
Jill Carlson, Engineering Geologist indicated that the site appears to be suitable for the proposed
residential use and density.
NEW COAL RIDGE DITCH COMPANY
Thomas O'Malley, President of the New Coal Ridge Ditch Company indicated that as long as all of the
activities related to this planned unit development are off of the easement for the canal, there is likely no
conflict with the Company. The applicants would also like to assure Mr. O'Malley that no drainage from
the proposed development will be put into the canal.
WELD COUNTY PUBLIC WORKS
The Department has asked that the applicant enter into an improvements agreement for County Road 17.
A preliminary agreement has been included with the"Change of Zone application.
All required changes or additions have been included on the Change of Zone plats.
Concerns were raised regarding the 20' emergency access being used as a shortcut between
subdivisions. The emergency access will be gated to ensure its use be limited to emergency personnel
and oil and gas employees. The 20' access easement to the irrigation pond is for irrigation purposes
only. It is not accessible from the Ditch easement and will not be used as an emergency access.
TOWN OF FIRESTONE
Representatives for the Town of Firestone indicated that the impact on the Towns regional transportation
system capacity will be minimal. They requested that the Traffic Impact Study include an evaluation of
the operation of the intersection of WCR 17 and Firestone Boulevard to determine if any auxiliary lanes
are warranted.
In the attached email from Matthew Delich, P.E., PTOE, Mr. Delich states "that the traffic volume on
WCR17, north of the site access, is 106 vehicles per day (Figure 3). From available aerials, there are
only a few (2-3) homes/uses that access this segment north of the site. Given the counted traffic and my
judgment, the Firestone/WCR17 intersection operates/will operate acceptably and no auxiliary lanes will
be required."
The town of Firestone representatives also voiced concerns regarding dust control and future
maintenance of County Road 17. Dust control and maintenance will be included in the required
improvements agreement.
The final concern raised by the Town is that the Development will lie within a Sump Basin. The proposal
to use septic systems in this area meets Weld County and the State of Colorado regulations. Prior to
starting the Sketch Plan application, research was done to determine if connecting to an existing sewer
system would be feasible. It was determined that the huge expense along with the time it would take to
obtain all the necessary agreements, permits and annexations made sewer unattainable. Although the
town is within close proximity, the sewer line would need to be brought approximately two miles.
WELD COUNTY HEALTH DEPARTMENT
The applicants have obtained a will serve letter from Central Weld County Water District in order to satisfy
County Code water requirements. The letter has been reviewed and approved by the Weld County
Attorney's Office.
To ensure compliance with Weld County Code sewer service requirements additional percolation
information was submitted. As indicated on the attached email from Lauren Light dated January, 16
2014 the submittal met Code requirements.
LONGMONT SOIL CONSERVATION DISTRICT
The Longmont Soil Conservation District indicated that there were no soil limitations on the site. Further,
they requested weed control and dust abatement plans be implemented during construction. A
preliminary weed control plan is included in the Change of Zone application. Dust abatement will be
addressed through the required grading permit.
WELD COUNTY DEPARTMENT OF PLANNING SERVICES
Department of Planning Services sketch plan staff comments addressed comments made by referral
agencies along with the following concerns:
The Department has required the applicants submit as agreement with the property's mineral owners
stipulating that the oil and gas activities have adequately been incorporated into the site, or show
evidence that an adequate attempt has been made to mitigate their concerns. The applicants have
worked diligently to meet all conditions laid out by Sheila Frazier, Land Negotiator for Encana. At this
time Encana is objecting to all subdivisions based on State regulations requiring them to obtain waivers
from all landowners with a property line within 150' of their wells. The attached emails show that the
applicants have done all that is in their power to mitigate the concerns raised by Encana.
The Department asked that the applicants meet with the School District prior to submitting the Change of
Zone application to discuss the requirements for a bus drop pull/pick up location and any other
requirements or concerns the school may have. As indicated by the attached letter from Jo Barbie,
Superintendent for RE-1 Schools, the only requirement will be a cash in lieu payment of$1,054.20 per lot.
The Department asked that the applicants meet with the appropriate postal district prior to submitting the
Change of Zone application to discuss mail delivery to the subdivision. The attached email from Michael
Lucero with the Fort Lupton Post Office indicates that they have approved the proposed location of a
group mail kiosk.
DEVELOPMENT GUIDE
Sec. 27-6-40. Component One—environmental impacts.
1. Noise and vibration.
The subdivision will maintain compliance with noise and vibration levels as permitted in Section
4-9-40 of the Weld County Code.
2. Smoke, dust and odors.
The site will maintain smoke, dust and odor levels in compliance with levels allowed by the
Colorado Air Quality Control Regulations. The lots will be serviced by a paved road which will
limit dust.
3. Heat, light and glare.
The proposed lots will maintain heat, light and glare levels below the maximum permissible levels
as described in Section 23 of the Weld County Code. Outdoor lighting shall be arranged to deflect
light away from any properties and from County road.
4. Visual/aesthetic impacts.
Covenants will ensure that the aesthetics of the site are compatible to that of surrounding
residential and agricultural land uses.
5. Electrical interference.
The subdivision will not create any electrical interference.
6. Water pollution.
The site will be designed and graded to meet all applicable Federal, State and County water
quality regulations.
7. Wastewater disposal.
All wastewater will be disposed of through septic systems which have been properly permitted in
accordance with State and County regulations.
8. Wetland removal.
There are no wetlands on this site.
9. Erosion and sedimentation.
The site will be designed and graded with a storm water pond to capture any sedimentation.
Further, the grading permit will include erosion and sedimentation controls.
10. Excavating,filling and grading.
Grading permits will be acquired prior to excavating, filling or grading on the property.
11. Drilling, ditching and dredging.
Any drilling, ditching or dredging done within the subdivision will be conducted according to
applicable regulations and all required permits will be obtained.
12. Air pollution.
All applicable air quality regulations will be maintained.
13. Solid waste.
No solid wastes will be located on this site unless appropriately permitted.
14. Wildlife removal.
The site is currently farmed which limits its use by wildlife.
15. Natural vegetation removal.
The site is currently farmed therefore no natural vegetation will be removed.
16. Radiation/radioactive material.
There will be no radioactive materials within the subdivision.
17. Drinking water source.
The site will be serviced by Central Weld County Water District.
18. Traffic impacts.
The interior road shall follow Rural Local Paved specifications as shown in Appendix 24-E of the
Weld County Code and shall be maintained by the Panorama Estates HOA. The applicant will
enter into an agreement with Weld County to pay their proportional share of the upgrades to
County Road 17 from the entrance of Panorama Estates to County Road 24 when traffic counts
require the upgrade.
Sec. 27-6-50. Component Two—service provision impacts.
1. Schools.
Gilcrest School District RE-1 has requested $1, 054.20 per lot to mitigate impacts to the school
District.
2. Law Enforcement.
The sixteen lots proposed will have a minimal impact. Signs and addresses will be adequately
posted to ensure emergency responders will have no difficulty in locating homes. Any additional
concerns raised by the Weld County Sheriffs Office will be addressed as conditions of approval.
3. Fire Protection.
The applicants met with Chuck Boyes, Fire Prevention Specialist, with Mountain View Fire
Protection District to ensure that all District concerns have been or will be adequately addressed.
4. Ambulance.
The sixteen lots proposed will have a minimal impact. Signs and addresses will be adequately
posted to ensure emergency responders will have no difficulty in locating homes. Any additional
concerns raised by ambulance services will be addressed as conditions of approval.
5. Transportation (including circulation and roadways).
Panorama Estates is accessed from County Road 17. The interior road shall follow Rural Local
Paved specifications as shown in Appendix 24-E of the Weld County Code. A gated emergency
access has been included on the west side of the property.
6. A traffic impact analysis prepared by a registered professional engineer.
See attached Traffic Impact Study prepared by Delich Associates Traffic and Transportation
Engineering, dated September 30, 2013.
7. Storm drainage.
See attached Drainage Report prepared by J&T Consulting, dated May 20, 2014.
8. Utility provisions.
The utilities providers for Panorama Estates are as follows:
Gas: Propane
Electric: United Power See attached Will Serve Letter
Phone: Century Link See attached Will Serve Letter
9. Water provisions.
Panorama Estates will be serviced by Central Weld County Water District. A will serve letter has
been submitted and approved by the Weld County Attorney's Office.
10. Sewage disposal provisions.
The residences will be attached to septic systems which will be appropriately permitted through
Weld County Environmental Health.
11. Structural Road Improvements Plan.
Panorama Estates accesses onto County Road 17. Traffic counts indicate that County Road 17,
from the entrance of Panorama Estates to County Road 24, should be upgraded with magnesium
chloride. This upgrade will be addressed in the improvements agreement. The applicants are
willing to pay their proportional share of this and future upgrades in conformance with the Weld
County Comprehensive Plan, Recommended Strategy T.2.2.a. which states " Strive to have all
users pay their proportionate fair share." A preliminary Improvements Agreement has been
included with this application for review. The applicants are requesting Staff review at the Final
Plan, therefore, any concerns related to the proposed off-site portion of the Improvements
Agreement need to be addressed in staff comments prior to board hearings.
Sec. 27-6-60. Component Three—landscaping elements.
1. Landscape plan.
Minimal landscaping is proposed. A landscape plan in accordance with Section 27-9-30 of the
Weld County Code has been included.
2. Proposed treatment, buffering or screening.
No buffering or screening will be necessary to achieve compatibility within the development or
with the surrounding properties. The large lots and building envelopes ensure adequate spacing
between uses.
3. Maintenance schedule for landscaping.
The landscape in the public area includes the use of evergreen trees which will require minimal
water or maintenance. The trees will -be watered with the shared ditch water until they are
established.
4. On-site improvements agreement.
A draft of the on-site improvements agreement has been provided.
5. Evidence ofadequate water.
Residential water taps from Central Weld County Water District will service the homes.
Panorama Estates Homeowners Association will own 14 shares of Coal Ridge Ditch water which
varies with the hydrologic cycle and Colorado's priority system but normally produces 1 acre-
feet/share. The HOA will have the authority to order and distribute water for irrigation for the open
space and individual lots. The HOA can lease additional CBT water throughout the summer when
available.
Sec. 27-6-70. Component Four—site design.
1. Unique site features.
No unique natural features exist on the site. The property naturally slopes from the southeast to
the northwest. A drainage pond will be located on the west end of the property to collect and
release water at the appropriate levels as required by Weld County.
2. PUD rezoning Is consistent with the goals and policies of Chapter 22 of the Weld County
Code.
Section 22-2-120.A. R.Goal 1. states, "Ensure that adequate services and facilities are currently
available or reasonably obtainable to serve the residential development or district" The applicant
has submitted evidence that all services including water, septic, roadways, drainage, utilities and
public services can adequately service the subdivision.
Section 22-2-120.R.Policy 2.1. states "Improvements associated with residential development
should be based on the direct impact that development proposals have on the infrastructure and
services related to that development This may include being required to address off-site
improvements necessary to adequately support any individual development" A preliminary
Improvements Agreement addressing all construction costs has been included with the Change
of Zone application. Traffic counts indicate that County Road 17, from the entrance of Panorama
Estates to County Road 24, should be upgraded with magnesium chloride. This upgrade will be
addressed in the off-site road improvements agreement. The applicant is willing to pay a
proportional share of this and future upgrades in conformance with the Weld County
Comprehensive Plan, Recommended Strategy T.2.2.a. which states " Strive to have all users pay
their proportionate fair share."
Section 22-2-120.C. R.Goal 3. states "Consider the compatibility with surrounding land uses,
natural site features, nearby municipalities' comprehensive plans and general residential growth
trends when evaluating new residential development proposals."The applicants proposed use is
very similar to those on the surrounding properties.
3. Compatibility with the PUD Zone District.
The subdivision will follow the uses allowed by right, accessory uses, uses by special review and
bulk requirements of the Estates Zone District with the exception of setbacks which will be
controlled by building envelopes. Covenants will further control animal units, pets, landscaping,
fencing, building design and location.
4. Compatibility with the surrounding land uses.
Panorama Estates is surrounded by agricultural and large lot residential properties. These
property uses are very similar to what is being proposed in this Change of Zone.
5. Overlay Districts.
The property does not lie within any overlay districts.
Sec. 27-6-80. Component Five—common open space usage.
1. Common open space.
Because of the large lot size, and location of the subdivision the applicant is not proposing any
recreational common open space. The front entrance, postal area and the irrigation pond will be
owned and maintained by the HOA in perpetuity.
2. Establishment of Homeowner's Organization.
A Homeowner's Association shall be established prior to recording the PUD Final Plat.
3. Mandatory membership.
All lot owners will be part of the Homeowner's Association and shall be subject to the Panorama
Estate Covenants.
4. HOA responsibilities.
Panorama Estate Covenants ensure that the organization will be responsible for liability
insurance, taxes and maintenance of common open space.
5. HOA powers.
Covenants guarantee that homeowners can be held liable for the cost of operating and
maintaining common facilities thru levy assessments.
6. Failure to maintain common open space.
Covenants will address failure to maintain common open space. Said failure may be dealt with
through a tax lien pursuant to Section Colorado Revised Statute or by the Board of County
Commissioners as stated in the Weld County Code.
7. Common open space allocation.
%15 common open space has not been designated in Panorama Estates. Given the large lot
size, and location of the subdivision Panorama Estates should not be subject to the common
open space requirement.
Sec. 27-6-90. Component Six—signage.
A development sign plan has been included with the Change of Zone application. All additional
signage within the PUD will be in compliance with the Estate zone district as described by the Weld
County Code.
Sec. 27-6-100. Component Seven— RUA impact.
Panorama Estates does not lie within an area designated a RUA
•
Sec. 27-6-110. Component Eight—intergovernmental agreement impacts.
Panorama Estates does not lie within an area designated in an intergovernmental agreement.
<.>` lo, Weld County Public Works Dept.
• 1111 H Street ACCESS PERMIT
„ P.O. Box 758
k.c Q�\No Greeley,(970)304-6496 APPLICATION FORM
Fax: (970)304-6497
Applicant Property Owner(If different than Applicant)
Name Tommy D. Raye Name Goddard Investments, LLC
Company Panorama Estates, LLC Address ?O Box 67
Address 9075 CR 10 City Brighton State CO Zip 80601
City Fort Lupton State CO Zip 80621 Phone
Business Phone (970) 526-7730 Fax
Fax E-mail
E-mail tmmy@watersupplyllc.com
♦= Existing Access A= Proposed Access
Parcel Location&Sketch
The access is on WCR 17
Nearest Intersection:WCR 22 &WCR 17 WCR 24
Distance from Intersection 2640'
r
Parcel Number 1311 08 400008 cc
i ^ 3
Section/Township/Range 8-2-67 t 3
Is there an existing access to the property? YES N I r 9
Number of Existing Accesses Two LI, 1r
Road Surface Type&Construction Information
Asphalt_ Gravel_ Treated _ Other WCR 22
Culvert Size &Type
Materials used to construct Access
Construction Start Date Finish Date
Proposed Use
o Temporary(Tracking Pad Required)/$75 ❑ Single Residential/$75 ❑ Industrial/$150
o Small Commercial or Oil &Gas/$75 a Large Commercial/$150 ® Subdivision/$150
a Field (Agriculture Only)/Exempt
Is this access associated with a Planning Process? o No ❑ USR ❑ RE x PUD ❑Other
Required Attached Documents
- Traffic Control Plan -Certificate of Insurance -Access Pictures(From the Left, Right,& into the access)
By accepting this permit,the undersigned Applicant, under penalty of perjury,verifies that they have received all pages of the permit
application;they have read and understand all of the permit requirements and provisions set forth on all pages;that they have the
authority to sign for and bind the Applicant, if the Applicant is a corporation or other entity;and that by virtue of their signature the
Applicant is bound by and agrees to comply with all said permit requirements and provisions,all Weld County ordinances,and state laws
regarding facili/titess construction.
Signature �Wti� ✓ Printed Name C-Ln' . .t-X-4-4 Date -I\ 1n I.; `f______
Approval or Denial will be issued in minimum of 5 days. Approved by
Revised Date 6/29/10
Landowner Management Plan
Name Panorama Estates Planned Unit Development
Address_CR 17 and CR 24 Phone: 970-381-0526
Management Plan Review Dates:
1. Brief description of land and current use(s)
The site is currently farmed ground planted in grass.
2. Future plans for the land
The site is planned for a 16 lot residential Planned Unit Development.
3A. Negative Resources
Weed Species. Acres Infested. Specific location of infestation(s) on land.
(Wetland, along ditch, fence line, etc.)
Inspection of the property at this time is not possible do to the snow cover as of February 13, 2014
Other Negative Resources
3B. Positive Resources
4. Management Plan
Monitoring for the invasion of noxious weeds such as field bindweed and Canada thistle will be done
from May through October. If these species are detected they will be chemically treated at the correct
stage. Field bindweed will be in the flower stage and Canada thistle will be 6 to 10 inches up to bud
stage. Herbicide options for both species include: a 2,4-D and Dicamba mix or Tordon 22K. For Canada
thistle only Milestone may be used. Include a surfactant with either herbicide mix.
If kochia, sunflowers, or Russian thistle invade any of the bare-ground or disturbed areas it is suggested
that these species be mowed to a height of 6 to 12 inches throughout the summer to limit seed
development or sprayed with an herbicide like Outlaw(2,4-D and Dicamba mixes) with a surfactant or a
Glyphosate product if there are no beneficial grasses present, in the spring to early summer to control the
plants development and establishment.
If puncturevine invades the PUD, the site will either be disked or have chemical treatments made.
Chemical options include 2,4-D and surfactant or a glyphosate product.
The caution with Milestone and Tordon 22K is the planting on landscape materials. Therefore the
establishment and development time frame of the landscaping materials will dictate which products are
utilized.
Page 1 of 1
Sheri Lockman
From: "Matt Delich"<matt@delichassoc.com>
Date: Thursday,January 16,2014 9:40 AM
To: "Sheri Lockman"<sherilockmant?awhat-wire.com>
Subject: Re: Panorama Estates
Sheri,
The Firestone/WCR17 intersection was not addressed because Janet Carter did not request any
analyses at it. It appears that Dave Lindsay was NOT sent our TIS memo. If he was he may not
have made this comment. The traffic volume on WCR17, north of the site access, is 106 vehicles
per day (Figure 3). From available aerials, there are only a few (2-3) homes/uses that access this
segment north of the site. Given the counted traffic and my judgment, the Firestone/WCR17
intersection operates/will operate acceptably and no auxiliary lanes will be required.
With regard to the dust issue, the TIS memo does recommend dust suppression due to future
traffic volumes.
If I will be involved in additional work related to responses beyond this email, I am assuming that
it will be billable work to the client. Please confirm this. Thanks. Matt
On 1/16/2014 9:05 AM, Sheri Lockman wrote:
Good morning Mat,
We just got our referral comments back from our sketch plan for Panorama Estates. The Town of
Firestone had some concerns about the corner of CR 17 and Firestone Blvd. Can you take a look at#4
on the attached referral and let us know if it has already been addressed in the TN or if additional
work needs to be done.
Thanks for your help.
Sheri Lockman
Lockman Land Consulting, LLC
36509 CR 41
Eaton,CO 8O615
970-381-0526
Matthew J. Delia, 2.F. , F'lOE
DEL-CH ASSOCIATES
22 ;2 Glen Haven Drive
Loveland, CO 80536
Phone: 970-669-2061
FAX: 970-669-5034
EMA-L: -@dol H. 1 Doioi . or,
2/10/2014
DESIGN GUIDELINES
(PANORAMA ESTATES)
Pursuant to Article 8 of the Declaration of Covenants, Conditions, Restrictions and Easements for
Panorama Estates, the undersigned, constituting the entire Design Review Committee ("DRC" or
"Committee") hereby adopts and establishes the following Design Guidelines relating to certain
procedures, materials to be submitted and factors to be considered in connection with approval of any
proposed Improvement to any portion of the property constituting Panorama Estates. Said Design
Guidelines shall remain in force and effect until further modified, amended, supplemented, terminated
and/or withdrawn by the DRC:
I. APPLICATION PROCEDURES
A. Design Review Objectives:
1. The Design Review Committee in examining each application shall consider
whether or not the improvement of the Property(as defined in the Declaration) is in conformance with the
Declaration and achieves the following purposes and objectives of architectural and design review:
(i) To preserve and enhance the values of the properties in the community
(ii) To maintain a harmonious relationship among structures, vegetation, topography
and the overall design of the community.
B. General Procedures for Any Improvement:
1. All submittals must conform to the requirements set forth herein. Incomplete submittals will
not be reviewed.
2. Oral requests will not be considered.
3. Each Improvement, alteration and/or addition must be specifically approved even though the
intended Improvement, alteration and/or addition conforms to the Declaration, and even when
a similar or substantially identical Improvement, alteration and/or addition has been
previously approved, except where such proposed alteration or addition is specifically exempt
from the application requirement by the guidelines.
4. Each application for approval shall include the following:
(a) A copy of a site plan of the Parcel,which shall show the following information:
1. Sketch plan showing general layout of all planned building structures (home,
garage, shop, ect.)
2. A building footprint with dimensions from the front, rear, and side property
lines of the Parcel.
3. A complete set of construction plans and specifications. Said plans and
specifications shall include the following minimum requirements:
a. Floor plans of all levels of any Dwelling Unit, which plans shall
contain sufficient detail to describe the elements of the floor plan
design.
b. Total square footage for each level of any Dwelling Unit.
c. Building elevations on all sides of the proposed structure containing
sufficient detail to determine roof form, pitch and material, and siding
material.
d. A written description and samples of the materials to be used in the
roof and exterior walls of the structure.
e. Color samples (minimum 1 square foot) of any paint or stain to be
applied to the exterior of any and all improvements.
II. DESIGN STANDARDS
The Committee shall evaluate each submission based on the individual merits of the application.
The Committee shall base its judgment of acceptable design upon the following design standards:
I. Validity of Concept. The basic ideas of the proposed Improvement must be
sound and appropriate to its surroundings, and must not detract from the aesthetic or property values of
Coyote Ridge Estates.
2. Design Compatibility. The proposed change must be compatible with the
architectural characteristics of Panorama Estates buildings and grounds. Compatibility is defined as
reasonable similarity in architectural style and quality of workmanship; and similarity in use of materials,
color and construction details.
3. Constraints Upon Operating, Maintenance and Insurance Costs. The proposed
change must not increase the operating, maintenance or insurance costs of Panorama Estates, in amounts
incommensurate with the value of the change.
4. Compliance with City, County, State or Other Laws. It is the responsibility of
the owner to present evidence that the proposed change will not circumvent any state, county, or national
laws or regulations.
5. Dwelling Size. The ground floor for a one-story residential dwelling constructed
upon any Parcel shall contain not less than one thousand one hundred (1,400) square feet of finished living
space, excluding open porches, garages and basements. A multi-level residential structure constructed upon
any Parcel shall contain not less than an overall minimum of one thousand four hundred (1,800) square feet
of total finished living space,excluding open porches, garages and basements.
6. Architectural Requirements.
a. Roof Pitch (5x12). The pitch of the roof on each Dwelling Unit shall be not
less than five feet (5') of rise (i.e., elevation) for each twelve feet (12') of
span(i.e.,width).
b. Materials. All Dwelling Units constructed within the Development shall be
of materials consistent with the rural, high plains nature of the Development,
such as natural, stained or earth tone plank/wood siding, masonite siding,
stucco, brick or stone. High quality vinyl, aluminum or other metal siding
may be allowed in the discretion of the DRC. All materials used on the front
elevation shall also be incorporated on all four-sides of any Building or other
Improvement. Reflective roof materials and similar materials inconsistent
with the character of the Development are prohibited.
c. Color. All Dwelling Units and other structures (shop, garage, barns, sheds,
ect.) constructed on any Parcel shall be stained or painted such natural colors
2
as shall be authorized and approved in writing by the DRC. Bright colors
shall not be permitted as the primary color of any Dwelling Unit and
outbuildings. It is the intent of these restrictions that colors of Dwelling Units
and other structures within the Development shall be such as to minimize the
visual impacts and to otherwise be compatible with the rural, high plains
nature of the Development.
III. LIABILITY OF THE DESIGN REVIEW COMMITTEE
No action taken by the Design Review Committee or any member, subcommittee, employee or
agent thereof, shall entitle any person to rely thereon, with respect to conformity with laws, regulations,
codes or ordinances, or with respect to the physical or other condition of any Parcel, or with respect to the
safety, whether structural, or otherwise, of an Improvement. Neither the Panorama Estates Homeowners
Association, nor the Design Review Corn m ittee, nor any member, subcommittee, employee or agent shall
be liable to anyone submitting plans to them, for approval or to any owner, member or any other person in
connection with any submission of plans, or the approval or disapproval thereof, including, without
limitation, mistakes in judgment, negligence or nonfeasance. Every person or other entity submitting plans
to the Design Review Committee agrees, by the submission of such plans, that no action or suit will be
brought against the Panorama Estates Homeowners Association, or the Design Review Committee (or any
member, subcommittee, employee or agent thereof) in connection with such submission and/or approval or
disapproval thereof.
IV. AMENDMENTS
The Design Review Committee shall have the right to amend and modify these guidelines at any
time in its sole discretion, provided that no modification or amendment shall adversely affect any previously
approved plans.
V. RIGHT OF WAIVER/VARIANCE
The Design Review Committee reserves the right to waive or vary any of the procedures or
standards set forth in these Design Guidelines,at its sole discretion, for good cause shown.
ADOPTED this day of ,20
NAME
NAME
NAME
3
..land Consulting, LKC
° 36509 WCR 41
Eaton, CO 80615
970-381-0526• .l
Weld County Departmenet of Planning Services
Attention : Chris Gathman
1555 North 17th Avenue
Greeley, Colorado 80631
Dear Mr. Gathman,
The attached application is for Panorama Estates Change of Zone. We have worked diligently to
ensure that all issues have been adequately addressed. Therefore, please consider this our request
for a staff review of our Final Plan.
As we discussed earlier, Panorama Estates Final Plan may need to be done in two phases in order to
meet Water District requirements. We are hoping that phasing will not be necessary so the
preliminary improvements agreement includes costs for the entire subdivision.
We appreciate your assistance in completing our application for Panorama.
Thank you,
Sheri Lockman
Weld County Treasurer
Statement of Taxes Due
Account Number R6782087 Parcel 131108400008
Assessed To GODDARD INVESTMENTS LLC
PO BOX 67
BRIGHTON.CO 80601-0067
Legal Description Slue Address
PT N2SE4 8-2-67 LOT B REC EXEMPT RECX12-0025
Year Tax Interest Fees Payments Balance
Tax Charge
2013 $55.23 $0.00 $0.00 ($55.23) $0.00
Total Tax Charge $0.00
Grand Total Due as of 05/21/2014 $0.00
Tax Billed at 2013 Rates for Tax Area 2259-2259
Authority Mill Levy Amount Values Actual Assessed
WELD COUNTY 16.8040000* $18.99 AG-DRY FARM LAND $3,859 $1,120
SCHOOL DIST REI 9.7600000 $11.03 AG-WASTE LAND $20 $10
NORTHERN COLORADO WATER 1.0000000 $1.13 Total $3,879 $1,130
(NC
MOUNTAIN VIEW FIRE 11.7470000 $13.27
AIMS JUNIOR COLLEGE 6.3020000 $7.12
HIGH PLAINS LIBRARY 3.2640000 $3.69
Taxes Billed 2013 48.8770000 $55.23
*Credit Levy
ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE
LIENHOLDER OR TO ADVERTISING AND DISTRAINT WARRANT FEES.
CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE CONTACTED PRIOR TO REMITTANCE AFTER THE
FOLLOWING DATES: PERSONAL PROPERTY AND MOBILE HOMES-AUGUST 1,REAL PROPERTY-AUGUST 1. TAX LIEN
SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIERS CHECK.
Weld County Treasurer•P.O.Box 458, Greeley CO 80632•1400 N 17th Ave,Greeley CO 80631 •(970)353-3845 ext.3290
IMPROVEMENTS AGREEMENT ACCORDING TO
POLICY REGARDING COLLATERAL FOR IMPROVEMENTS
Panorama Estates PUD 13-0002
Part 1: Site Specific Provisions
Part 1: Improvements and Maintenance Requirements
A. Required Off-Site Improvements:
1.0 Weld County Road 17:.
2.0 Road Improvements Responsibilities:
3.0 Engineering Design and Construction Plans:
4.0 Construction Standards:
5.0 Traffic Control:
6.0 Off-Site Dust Control/Abatement and/or Paving(If Applicable):
7.0 Future Improvements:
8.0 Timing of Improvements:
9.0 Acceptance of Off-Site Improvements:
B. County Road Maintenance Requirements:
1.0 Obligation to Maintain Current and Future traffic Routes:
2.0 Annual Road Inspection:
3.0 Sharing of Road Maintenance Responsibilities with Other Property Owner and/or Lessees:
4.0 Violation of Terms of Agreement:
C. On-Site Improvements:
1.0 Landscaping and Fencing Requirements:
2.0 On-Site Grading, Drainage Facilities and Paving:
3.0 Timing of Improvements:
4.0 Acceptance of On-Site Improvements:
Part 2:General Provisions
D. General Requirements:
1.0 Engineering Services:
2.0 Rights-of-way and Easements:
3.0 Construction:
4.0 Release of Liability:
5.0 Warranty of On-Site and Off-Site Improvements:
6.0 Acceptance of On-Site and/or Off-Site Improvements by the County:
7.0 General Requirements for Collateral:
8.0 Request for Release of Collateral:
9.0 Successors and Assigns:
10.0 County Engineer:
11.0 Violation of Terms of Agreement:
F. Governmental Immunity:
G. Enforcement:
H. No Third Party Beneficiary Enforcement:
Authority to Sign:
IMPROVEMENTS AGREEMENT ACCORDING TO
POLICY REGARDING COLLATERAL FOR IMPROVEMENTS
Panorama Estates PUD 13-0002
Part 1: Site Specific Provisions
THIS AGREEMENT is made this day of , 201 , by and between
Panorama Estates, LLC, a partnership organized under the laws of the State of Colorado, whose
address is 9075 CR 10, Fort Lupton, Colorado, hereinafter referred to as "Property Owner,"
authorized to do business in the State of Colorado, and the County of Weld, a body corporate and
politic of the State of Colorado, by and through its Board of County Commissioners, whose address
is 1150 "O" Street, Greeley, Colorado 80631 hereinafter referred to as"County" or"the County."
WITNESSETH:
WHEREAS, Property Owner is the owner of, the following described property in the County
of Weld, Colorado: Lot RE 12-0024 being part of the N2 SE4 of Section 8, Township 2 North, Range
67 West of the 6th P.M., Weld County, Colorado, hereinafter referred to as "the Property;" and
WHEREAS, a final Planned Unit Development (PUD) Plat of said property, to be known as
Panorama Estates Planned Unit Development,has been submitted to the County for approval; and
WHEREAS, relevant Sections of the Weld County Code provide that no Planned Unit
Development Final Plat shall be approved by the County until the applicant has submitted an
Improvements Agreement guaranteeing the construction of the public improvements shown on plans,
plats and supporting documents of the Planned Unit Development Final Plat, which improvements,
along with a time schedule for completion, are listed in Exhibits"A" and"B"of this Agreement.
WHEREAS, the parties agree that the Property Owner shall provide collateral for on-site
and/or off-site improvements required by this Agreement upon execution of this Agreement, or at a
time determined acceptable by the County.
NOW, THEREFORE, IN CONSIDERATION OF the foregoing and of the promises and
covenants contained herein,the parties hereto promise, covenant and agree as follows:
Part 1: Improvements and Maintenance Requirements
A. Required Off-Site improvements:
1.0 Weld County Road 17: The Property Owner shall be responsible for the construction
of certain on-site and off-site safety improvements, which shall include:
• construction of adequate turning radii sixty (60) feet at the main entrances and
exits which extend partially into CR 17 right-of-way (ROW),
• construction of drainages indicated on the Construction Plans
• installation of signs as indicated on the Construction Plans.
1
• application of magnesium chloride from Panorama Estates entrance to County
Road 24 prior to construction.
2.0 Road Improvements Responsibilities: Property Owner is responsible for designated
improvements, as specified above in Section A.1.0, on CR 17, and for construction improvements
mandated by the Colorado Department of Transportation (hereinafter "CDOT") and/or the County,
and for a prorated share of expenses associated therewith. These responsibilities include, but are not
limited to the following: design, surveys, utility locates, present and future right-of-way clearances
and permits; coordination with oil and gas operators and facilities, and affected irrigation facilities;
traffic control; and project safety during construction. Property Owner shall obey applicable
regulations issued by the Occupational Safety and Health Administration (hereinafter "OSHA"),
CDOT, Colorado Department of Public Health and Environment, (hereinafter "CDPHE") and other
Federal, State or County regulatory agencies.
3.0 Engineering Design and Construction Plans: For Off-Site Improvements as set-forth
in Sections A.1.0-2.0 above, engineering designs and construction plans must be provided by
Property Owner and shall include: ingress/egress entrance intersection layouts, existing and proposed
grading, drainage designs, storm drainage pipe sizes and inverts, a cross section of the base/asphalt,
approach roads, and adequate turning radii, and pavement markings. Plans showing work within the
County right-of-way shall be reviewed and accepted by the County, prior to the start of construction.
For construction in the County right-of-way, prior to the issuance of any access permit or right-of-
way permit, a construction schedule giving times and locations of proposed improvements shall be
provided to Public Works for review and acceptance. The approved and accepted construction plans
are a part of this Agreement.
4.0 Construction Standards: Construction and materials controls for the project and any
designated improvements shall conform to the requirements in effect as the time of the completion of
the improvements set forth in the "Standard Specifications for Road and Bridge Construction"
provided by CDOT.
5.0 Traffic Control: Prior to construction in the County Right- Of Way and/or State
Right-Of-Way and as a condition of issuance of an access permit or Right-Of-Way permit, the
Property Owner shall submit a traffic control plan for County review. During construction,
appropriate safety signage shall be posted in accordance with the then current version of the Manual
of Uniform Traffic Control Devices ("MUTCD").
6.0 Off-Site Dust Control/Abatement and/or Paving (If Applicable): The Property Owner
is required to pay for a proportional share of magnesium chloride application from the entrance to the
Panorama Estates to County Road 24 approximately two times per year, as determined by the
County. County will determine the proportionate share of dust control and/or paving costs to be paid
by Property Owner based upon then current Equivalent Single Axle Load (ESAL) Counts that
identify traffic loading due to Property Owner sourced traffic. The amount and extent of dust control
and paving measures will be determined by site-specific conditions at the time, as determined by
County personnel. In order to accurately determine percentage of Property Owner traffic, the County
reserves the right to install traffic counters on the entrance to Panorama Estates. The percentage of
traffic utilizing County roads in the vicinity of the site attributable to Property Owner (or their
contractors, clients, tenants, or customers) activities will be determined by traffic counts conducted
2
by the County on County Road 17. The County will have sole responsibility for determination of the
percentage of traffic on County Road 17 attributable to Panorama Estates activity.
7.0 Future Improvements: Future improvements to County Road 17 from the entrance to
Panorama Estates to County Road 24 may be required by County. Property Owner shall address
County access issues associated with County Road 17. Future County mandated measures may
include improvements to intersections or roadways then utilized by Property Owner. Property Owner
shall pay a proportionate share of the cost of the future improvements along County Road 17
(including engineering designs and construction plans). The Property Owner's proportionate share
shall be based on the Applicant's share of ESAL Counts using projected ESAL Counts for the next
five years on County Road 17 in the implementation of the future improvements. County personnel
shall make determinations regarding the gathering of and use of traffic data when making decisions
regarding cost sharing. In order to accurately determine percentage of Property Owner traffic, the
County reserves the right to install traffic counters at the entrance to Panorama Estates. Future
improvements will be subject to any Federal, State or County regulations in place at the time the
improvement project is initiated.
Other roadways Improvements may be triggered due to traffic associated with Panorama Estates
including the following:
a. 300 vehicles per day- Alternative Pavement
b. 400 vehicles per day- Asphalt Pavement
The above example improvements are only required when traffic volumes meet the American
Association of State Highways & Transportation Officials(AASHTO) site-specific triggers.
8.0 Timing of Improvements: Subject to the provisions of Weld County Code Sec. 23-2-
290 and conditions or considerations granted by the Board of County Commissioners, Property
Owner shall not be required to complete the aforementioned offsite improvements as described in
Sections A.1.0-2.0 until the occurrence of the triggering event for each improvement, namely the
granting of the Grading Permit, Building Permit or Right-Of-Way access permit or the
commencement of activities on the property(s). At that time, Property Owner agrees that on-site and
offsite improvements shall commence and shall be completed within the parameters established in
Sections A.1.0, A.3.0 and D.7.2, and Exhibit B, herein.
9.0 Acceptance of Off-Site Improvements: Upon completion of the off-site
improvements, Property Owner shall contact a representative of the Weld County Department of
Public Works and request an inspection of the ofd site improvements described in Sections A.1.0-2.0
above. The County's representatives shall then initiate the acceptance process set forth in Sections
E.6.1-6.3.
9.1 All references in this Agreement to "Acceptance of Improvements" shall refer to the
County confirming completion of said improvement(s) according to the accepted
construction plans. By accepting any improvement, the County does not thereby
accept said improvement for purposes of future maintenance, nor does the County
accept any present or future responsibilities or obligations relative to these
improvements. The County does not and shall not assume liability for improvements
designed and/or constructed by others.
3
B. County Road Maintenance Requirements:
1.0 Obligation to Maintain Current and Future traffic Routes: Property Owner will be
financially responsible for the excavation, repair, and patching of any damage on current or future
roads, which in the opinion of County has been created by traffic to and from the Property. The type
and method of repair will be determined by the County Engineer or his representative. Repairs shall
commence within 48 hours of notification by the County for any roadway damage that exposes the
driving public to adverse or unsafe driving conditions. All other repairs shall commence within thirty
(30) days of receipt of Weld County's written notice.
1.1 Need for Immediate Repairs: In the event of damage to the traffic Route by
Panorama Estates traffic that causes an immediate threat to public health and
safety or renders the road impassible ("Significant Damage"), County shall, after
inspection, notify Property Owner of such Significant Damage. Property Owner
shall identify the repair required and shall consult with County on the extent,
type, timing, materials and quality of repair (i.e. temporary versus permanent)
within twenty-four (24) hours after receipt of such notice and shall commence
such repair within forty-eight (48) hours after receipt of such notice. If such
repair is not commenced within such forty-eight (42) hour period, County shall
have the right to draw on the Road Maintenance Collateral and use such funds to
perform such repair. If Property Owner identifies Significant Damage prior to
receiving notice thereof from County, Property Owner may commence repair of
such Significant Damage and shall concurrently notify County of the extent, type,
timing, materials and quality of repair(i.e. temporary versus permanent).
1.2 Repair of Road: On or before December 31 of the calendar year in which County
staff has determined through site analysis and/or pavement testing that a
particular traffic route road portion will require paving measures in order to
protect the public health, safety, and welfare, and has budgeted sufficient funds
for the following calendar year to pay its share of the Off-Site
Improvement/Repair Costs, County shall notify Property Owner in writing that
the Off-Site Improvements/Repairs shall be undertaken. Within ninety (90) days
of its receipt of County's notice of the need to undertake the road maintenance
repairs and/or improvements, Property Owner shall submit Off-Site Construction
Plans and Cost Estimates to County for review. Property Owner shall have
responsibility for the completion of the repairs and/or improvements on or before
December 15 of the year following County's notice of the need for repairs.
1.3 At County's discretion, County may undertake the repairs and/or improvements.
Property Owner's payment for its Proportionate Share of the road
repairs/improvements will be calculated as determined and as applicable in
Sections A.6.0 or A.7.0 of this Agreement.
2.0 Mutual Road Inspection: County will conduct a road inspection annually with the
cooperation of Property Owner and all other Property Owner and/or Lessees who are required by
County to participate in road improvement/maintenance agreements. As a result of the annual
inspection, County, in its sole discretion, shall determine actual conditions and shall further
determine what road repair/improvement/maintenance work is to be performed during that
4
construction season.Notification to the Property Owner of the required roadway repairs will be given
as soon as the data becomes available.
3.0 Sharing of Road Maintenance Responsibilities with Other Property Owner and/or
Lessees: It is anticipated that Property Owner and other Property Owner and/or Lessees subject to
agreements similar to this Agreement will perform the required road maintenance work and will
share in the equipment, labor, and materials required. Any such sharing arrangement between
Property Owner and/or Lessee, and other Property Owner and/or Lessees shall be conducted pursuant
to separate agreements between the Property Owner and other Property Owner and/or Lessees.
County shall approve the Agreements only to determine whether the required
improvements/maintenance projects have been adequately addressed. County alone shall determine
the sufficiency of all road improvement/maintenance projects when completed.
4.0 Violation of Terms of Agreement: If Property Owner does not perform as outlined in
this Agreement and Exhibits A and B such non-performance will constitute a violation of Property
Owner land use permits granted by County, and County will take whatever remedial measures it
deems necessary, against Property Owner.
C. On-Site Improvements:
1.0 Landscaping and Fencing Requirements: Property Owner shall landscape and/or
maintain the landscaping and re-seeding of the property where applicable as shown on the accepted
Construction Plans and Panorama Estates plat map. Specifically, Property Owner shall at its own
expense, plant, install and/or maintain all grass and other landscaping and re-seeding where
applicable as shown on the accepted Construction Plans and Panorama Estates plat map. In the event
any of these improvements may include work extending into State or County Right-Of-Way,a Right-
Of-Way or access permit is required.
2.0 On-Site Grading, Drainage Facilities and Paving: Property Owner shall, at its sole
expense, grade and/or pave, if applicable, specified roadways, accesses, easements and parking areas,
and install accepted drainage and signage components , adjacent to or within the interior portion of
the property in accordance with the directives of the Weld County Department of Public Works and
Department of Planning Services, as further described in the accepted Construction Plans and
Panorama Estates Plat Map. The main entrance improvements will include; construction of adequate
turning radii at the main site entrance onto CR 17 and an appropriately sized drainage culvert. Any
other on-site improvements shall be completed as indicated on the accepted Construction Plans for
Panorama Estates. Property Owner shall be responsible for maintenance of on-site improvements.
3.0 Timing of Improvements: Subject to any conditions or considerations granted by the
Board of County Commissioners, Property Owner shall initiate improvements as indicated in Exhibit
"B". Except with prior County consent, no grading permit will be released until collateral is posted
for on-site and off-site improvements and the final Construction Plans have been submitted to and
accepted by the Department of Public Works. Access and/or Right-Of-Way permits might also be
required prior to approval of the grading permit. Grading shall not commence until Construction
Plans are accepted. Any alterations to the accepted Construction Plans must be accepted in writing by
the County Planning and Public Works Departments. At that time, and unless otherwise amended,
Property Owner agrees that all landscaping and other on-site improvements, as indicated in Section
C. 2.0 above shall be completed within the parameters established in Section D.7.2 and Exhibit B.
5
4.0 Acceptance of On-Site Improvements: Upon completion of the on-site improvements,
Property Owner shall contact the Weld County Department of Planning Services and the Weld
County Department of Public Works and request an inspection of the on-site improvements described
in Section C.1.0 and C.2.0 above. The County's representatives shall then initiate the process for
"Acceptance of Improvements" set forth in Sections D. 6.1-6.3. The County does not and shall not
assume liability for improvements designed and/or constructed by others.
Part 2: General Provisions
D. General Requirements:
1.0 Engineering Services: Property Owner shall furnish, at its own expense, all
engineering services in connection with the design and construction of the improvements identified
on the accepted Construction Plans according to the construction schedule set forth in Exhibit "B,"
both of which are attached hereto and incorporated herein by reference.
1.1 The required engineering services shall be performed by a Professional
Engineer and Land Surveyor registered in the State of Colorado, and shall
conform to the standards and criteria established by the County for public
improvements.
1.2 The required engineering services shall consist of, but not be limited to,
surveys, designs, plans and profiles, estimates, construction supervision, and
the submission of necessary documents to the County.
1.3 Property Owner shall furnish construction drawings for the road
improvements on public rights-of-way or easements and all improvements
interior on the Property for approval prior to the letting of any construction
contract.
2.0 Rights-of-way and Easements: Before commencing the construction of improvements
herein agreed upon for public rights-of-way or easements, Property Owner shall acquire, at the sole
expense of Property Owner, good and sufficient rights-of-way and easements on lands and facilities
traversed by the proposed improvements. Such rights-of-way and easements used for the construction
of roads to be accepted by the County shall be conveyed to the County and the documents of
conveyance shall be furnished to the County for recording.
3.0 Construction: Property Owner shall furnish and install, at its own expense, the
improvements identified on the accepted Construction Plans and Panorama Estates Plat Map, be
solely responsible for the costs listed on Exhibit "A", and described in parts A and C of this
agreement, which are attached hereto and/or incorporated herein by reference, with the
improvements interior to the Property being completed by the dates set forth on Exhibit "B" (On-
site), and improvements to public rights-of-way or easements being completed in accordance with
the schedule set forth in Exhibit "B" (Off-site). The Board of County Commissioners, at its option,
may grant an extension of the time of completion set forth in Exhibit B stated herein upon application
by the Property Owner.
6
3.1 Said construction shall be in strict conformance to the plans and drawings
accepted by the County and the specifications adopted by the County.
3.2 Property Owner shall employ, at its own expense, a qualified testing company
previously approved by the County to perform all testing of materials or
construction; and shall furnish copies of test results to the County. If County
discovers inconsistencies in the testing results, Property Owner shall employ
at its expense a third party qualified testing company approved by County.
Such third party shall furnish the certified results of all such testing to the
County.
3.3 At all times during said construction, the County shall have the right to test
and inspect, or to require testing and inspection of material and work, at
Property Owner's expense. Any material or work not conforming to the
approved plans and specifications, including but not limited to damages to
property adjacent to the construction plan area shall be repaired, removed or
replaced to the satisfaction of the County at the expense of Property Owner.
4.0 Release of Liability: Property Owner shall indemnify and hold harmless the County
from any and all liability loss and damage County may suffer as a result of all suits, actions or claims
of every nature and description caused by, arising from, or on account of said design and
construction of improvements, and pay any and all judgments rendered against the County on
account of any such suit, action or claim, together with all reasonable expenses and attorney fees
incurred by County in defending such suit, action or claim whether the liability, loss or damage is
caused by, or arises out of the negligence of the County or its officers, agents, employees, or
otherwise except for the liability, loss, or damage arising from the intentional torts or the gross
negligence of the County or its employees while acting within the scope of their employment. All
contractors and other employees engaged in construction of the improvements shall maintain
adequate worker's compensation insurance and public liability insurance coverage, and shall operate
in strict accordance with the laws and regulations of the State of Colorado governing occupational
safety and health.
5.0 Warranty of On-Site and Off-Site Improvements: Property Owner shall warranty
improvements to public rights-of-way, (if any), and privately created and maintained roads or rights-
of-way, or easements, and on-site improvements for a period of two (2) years. The warranty period
shall begin after the County's execution of a written acceptance of the improvement(s).
6.0 Acceptance of On-Site and/or Off-Site Improvements by the County: Upon
compliance with the following procedures by the Property Owner, the improvements shall be deemed
accepted by the County, if collateral had been initially posted for the improvements. This does not
represent or ensure the on-site improvements will be constructed and/or available for their intended
use(s). The County does not and shall not assume liability for improvements designed and/or
constructed by others.
6.1 If requested by the Property Owner and approved by the County, portions of
the improvements may be placed in service when completed according to the
schedule shown on Exhibit "B," but such use and operation shall not, alone,
constitute an acceptance of said portions of the improvements.
7
6.2 Upon completion of the construction of the required on-site and/or off-site
improvements, and the filing of a Statement of Substantial Compliance by
Property Owner's engineer, the Property Owner may, as set forth in Section
A.9.0, request in writing that the County inspect the improvements and
recommend to the Board of County Commissioners that the improvements be
accepted and further that the two-year warranty period begin. Upon
completion of the two-year warranty period, the County Engineer shall, upon
request by the Property Owner, inspect the subject improvements, and notify
the Property Owner of any deficiencies. If any deficiencies are discovered,
the Property Owner shall correct the deficiencies. The County Engineer shall
re-inspect the improvements after notification from the Property Owner that
said deficiencies have been corrected. If the County Engineer finds that the
improvements are constructed according to County standards, he or she shall
recommend full acceptance. Upon a receipt of a positive unqualified written
recommendation from the County Engineer for acceptance of improvements
within the Planned Unit Development, the Board of County Commissioners
shall fully accept said improvements.
6.3 Upon completion of the construction of the required on-site improvements,
and the filing of a Statement of Substantial Compliance, when necessary, by
Property Owner's engineer, the Property Owner may, as set forth in Section
C.4.0, request in writing that the County inspect the improvements and
recommend to the Board of County Commissioners that the improvements be
accepted if collateral had been initially posted for the improvements, and
further that the two-year warranty period begin. Upon completion of the two-
year warranty period, the County Engineer and/or the Weld County
Department of Planning Services shall, upon request of the Property Owner,
inspect the subject improvements, and notify the Property Owner of any
deficiencies. If any deficiencies are discovered, the Property Owner shall
correct the deficiencies. The County Engineer and /or the Department of
Planning Services shall re-inspect the improvements after notification from
the Property Owner that deficiencies have been corrected. If the County
Engineer and/or Department of Planning Services find that the improvements
are constructed according to County standards, he or she shall recommend
full acceptance. Upon a receipt of a positive unqualified written
recommendation from the County Engineer and/or the Department of
Planning Services for acceptance of improvements within the Planned Unit
Development, the Board of County Commissioners shall fully accept said
improvements.
7.0 General Requirements for Collateral:
7.1 County requires Property Owner to provide collateral to guaranty Property
Owner's obligations under this Agreement. Project Collateral for completion
of all improvements described in this Agreement shall be provided for on-site
and/or off-site improvements with no on-site collateral for Panorama Estates
required at this time.
8
7.2 Project Collateral submitted to Weld County to guarantee completion of the
improvements identified on the accepted Construction Plans and Panorama
Estates Plat Map and further enumerated in the costs listed in Exhibit "A,"
must be equivalent to One-Hundred Percent (100%) of the value of the
improvements as shown in this Agreement. This collateral must be submitted
to County upon the execution of this Agreement, or at a time determined
acceptable by the Board of County Commissioners, and shall be held in total
by County as provided in Paragraph D.7.3 below until applicable
improvements have been completed.
7.3 Warranty Collateral for on-site and/or off-site improvements shall be
submitted to County and shall be held in total by the County for two (2) years
following its written acceptance of the improvement(s).
7.4 In the event Property Owner fails to adequately complete and/or repair
improvements associated with this Improvements Agreement, County will
access, in its sole discretion, Project or Warranty Collateral to the extent
necessary to complete said improvements or repairs in order to preserve
public interest.
7.5 Collateral may be in the form of an irrevocable letter of credit (LOC) in an
amount equivalent to one-hundred percent (100%) of the total value of the
improvements set forth in the Improvements Agreement and the Plat; the
LOC shall be subject to the requirements of Weld County Code Section 2-3-
30 B. The Property Owner shall utilize a County approved form when
obtaining an LOC: (IRRVEVOCABLE STANDBY LETTER OF CREDIT
FOR BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY,
COLORADO). A copy of said form shall be provided to Property Owner
upon request.
7.6 Collateral may be in the form of a surety bond given by a corporate surety
authorized to do business in the State of Colorado in an amount equivalent to
one hundred percent (100%) of the value of the improvements set forth in the
Improvements Agreement and the Plat. The surety bond shall conform to and
be subject to the requirements of Weld County Code Section 2-3-30 B.4. The
Property Owner shall utilize only a County approved form when obtaining a
surety bond: (PERFORMANCE BOND FOR BOARD OF COUNTY
COMMISSIONERS OF WELD COUNTY, COLORADO). A copy of said
form shall be provided to Property Owner upon request.
7.7 Collateral may be in the form of a cash deposit made with the Board in an
amount equivalent to One Hundred Percent (100%) of the value of the
improvements set forth in the Improvements Agreement. In the event the
Property Owner is required to warranty the improvements, the Property
Owner shall replace the original deposit with a deposit in the amount of
fifteen percent (15%) of the original amount and those funds shall remain
available to the County until released by the County at the end of the
warranty period.
9
7.8 The County reserves the right to reject collateral which is deemed
inappropriate or insufficient, which may be either as collateral in the form of
a letter of credit offered by a banking institution which does not have at least
a "three star"rating given by Bauer Financial, or as collateral in the form of a
performance bond offered by an insurance company which does not have at
least a B+ rating given by A.M. Best. The Board further reserves the right to
require Property Owner to obtain replacement collateral if the rating of the
financial institution providing said collateral drops below the levels stated
above. Replacement collateral shall be submitted by Property Owner within
sixty (60) days of the Board's notice to Property Owner that the rating has
fallen and that the collateral must be replaced. Property Owner may not
terminate existing collateral until replacement collateral has been secured.
8.0 Request for Release of Collateral: Collateral shall be released in accordance with the
provisions of Weld County Code Section 2-3-30.C. Prior to release of collateral for the entire project
or for a portion of the project by Weld County, the Property Owner must present a Statement of
Substantial Compliance from an Engineer registered in the State of Colorado. The Statement of
Substantial Compliance shall state that the project or a portion of the project has been completed in
substantial compliance with accepted plans and specifications documenting the following:
8.1 The Property Owner's Engineer or his representative has made regular on-site
inspections during the course of construction and the construction plans
utilized are the same as those accepted by Weld County.
8.2 For the improvements to public rights-of-way or easements, test results must
be submitted for all phases of this project as per Colorado Department of
Transportation (CDOT) Schedule for minimum materials sampling, testing
and inspections found in CDOT Materials Manual.
8.3 "As-built" plans shall be submitted at the time the letter requesting release of
collateral is submitted or at such time as the Property Owner has completed
improvements as shown on the Panorama Estates Accepted Construction
Plans and Plat Map, and shall be stamped and approved by an Engineer
registered in the State of Colorado, if an Engineer was initially required for
the project. The Property Owner's Engineer shall certify that the project "as-
built" is in substantial compliance with the plans and specifications as
approved, or that any material deviations have received prior written
acceptance from the County Engineer.
8.4 The Statements of Substantial Compliance must be accompanied, if
appropriate, by a letter of acceptance of maintenance and responsibility by the
appropriate utility company, special district or town for any utilities.
8.5 A letter must be submitted from the appropriate Fire Authority, if applicable,
indicating the fire hydrants are in place in accordance with the approved
plans. The letter shall indicate if the fire hydrants are operational and, if
required by the County, state the results of fire flow tests.
10
8.6 The requirements in the paragraphs 8.0 through 8.5 shall be noted in the final
Construction Plans.
8.7 Following the submittal of the Statement of Substantial Compliance and
written recommendation of acceptance of the improvements by the Weld
County Department of Planning Services and the Weld County Department of
Public Works, the Property Owner(if Property Owner has supplied any or all
of the collateral) may request release of the collateral for the project or
portion of the project by the Board. This action will be taken at a regularly
scheduled public meeting of the Board.
8.8 Following the written request for partial release of the "Project Collateral",
the Weld County Department of Planning Services and the Weld County
Department of Public Works County shall inspect the on-site and/or off-site
improvements. If the improvements require mitigation or further repairs are
required, said work must be completed prior to the partial release of"Project
Collateral". For all on-site and/or off-site improvements (including
improvements to public rights-of-way or easements), the written request for
release of"Project Collateral" shall be accompanied by"Warranty Collateral"
in the amount of fifteen percent (15%) of the value of the improvements as
shown in this Agreement.
8.9 Following the written request for release of the "Warranty Collateral", the
Weld County Department of Planning Services and the Weld County
Department of Public Works County shall inspect the improvements. If the
improvements require mitigation or further repairs are required, said work
must be completed prior to the conclusion of the Warranty period. The
"Warranty Collateral" shall be released to the Property Owner following the
expiration of the warranty period upon final written acceptance by the Board
of County Commissioners.
9.0 Successors and Assigns: This Agreement may not be delegated, transferred or
assigned in whole or in part by Property Owner without the express written consent of County and
the written agreement of the party to whom the obligations under this Agreement are assigned.
Property Owner's release of its obligations shall be accomplished by County's execution of a new
Improvements Agreement with the successor owner of the property. Consent to a delegation or an
assignment will not be unreasonably withheld by County. In the event of sale of the Property, County
may agree to release Property Owner in whole or in part from obligations under this Agreement.
County's rights and obligations under this Agreement shall automatically be delegated, transferred or
assigned to any municipality which, by and through annexation proceedings, has assumed
jurisdiction and maintenance responsibility over the roads affected by this Agreement. All of the
terms and conditions set forth in this Agreement shall be binding upon the heirs, executors, personal
representatives, successors and assigns of Property Owner, and upon recording by the County, shall
be deemed a covenant running with the land herein described.
10.0 County Engineer: All references in this Agreement to "County Engineer" shall refer
to the any individual or individuals appointed by the County Engineer to act on his/her behalf.
11
11.0 Violation of Terms of Agreement: If in County's opinion, Property Owner has
violated any of the terms of this Agreement, County shall notify Property Owner of its belief that the
Agreement has been violated and shall state with specificity the facts and circumstances which
County believes constitute the violation. Property Owner shall have fifteen (15) days within which to
either cure the violation or demonstrate compliance. If, after fifteen (15) days have elapsed, County
believes in good faith that there has been a violation of the terms of this Agreement, County shall
initiate proceedings to revoke the permit which is the subject matter of this Agreement. Violations of
the terms of this Agreement include violations of the agreements contemplated by Sections B.4.0 &
B.5.0 of this Agreement, and a failure to enter into such Agreements in a timely manner.
F. Governmental Immunity: No term or condition of this agreement shall be construed or
interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or
other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable
now or hereafter amended.
G. Enforcement: If, in the County's opinion, Property Owner has violated any of the terms of
this Agreement, County shall notify Property Owner of its belief that the Agreement has been
violated and shall state with specificity the facts and circumstances which the County believes
constitute violation. Property Owner shall have thirty (30) days within which to either cure the
violation or demonstrate compliance. If, after thirty (30) days have elapsed, County believes in good
faith that a violation of the terms and conditions of this Agreement still exists (despite cure), County
may enforce by any legal means, including, but not limited to, legal action for equitable or monetary
relief filed in the Weld District Court, execution upon submitted collateral (if applicable), and/or
administrative action of the County to suspend or revoke the underlying land use permit or approval
pursuant to the procedural provisions of Section 2-4-40 of the Weld County Code. Violations of the
terms and conditions of this Agreement include, but are not limited to, violations of the agreements
Property Owner must enter into as required by this Agreement, and/or failure to enter into such
agreements in a timely manner.
H. No Third Party Beneficiary Enforcement: It is expressly understood and agreed that the
enforcement of the terms and conditions of this Agreement, and all rights of action relating to such
enforcement, shall be strictly reserved to the undersigned parties, and nothing contained in this
Agreement shall give or allow any claim or right of action whatsoever by any other person or entity
not included in this Agreement. It is the express intention of the undersigned parties that any person
or entity, other than the undersigned parties, receiving services or benefits under this Agreement shall
be an incidental beneficiary only.
I. Authority to Sign: Each person signing this Agreement, and associated Exhibits, represents
and warrants that he or she is duly authorized and has legal capacity to execute and deliver this
Agreement. Each party represents and warrants to the other that the execution and delivery of the
Agreement and the performance of such party's obligations hereunder have been duly authorized and
that the Agreement is a valid and legal agreement binding on such party and enforceable in
accordance with its terms. If requested by the County, Property Owner shall provide the County with
proof of Property Owner's authority to enter into this Agreement within five (5) days of receiving
such request.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day
and year first above written.
PROPERTY
OWNERS:
SIGNATURE
PRINTED NAME
TITLE (If Applicable)
STATE OF COLORADO )
) ss.
County of Weld )
The foregoing instrument was acknowledged before me this day of , 201_,
by
WITNESS my hand and official seal.
Notary Public
My commission Expires:
SIGNATURE
PRINTED NAME
TITLE (If Applicable)
STATE OF COLORADO )
) ss.
County of Weld )
The foregoing instrument was acknowledged before me this day of
201 ,by
WITNESS my hand and official seal.
Notary Public
My commission Expires:
13
LESSEE(If Applicable):
SIGNATURE
PRINTED NAME
TITLE
STATE OF COLORADO )
) ss.
County of Weld )
The foregoing instrument was acknowledged before me this day of ,201 ,
by
WITNESS my hand and official seal.
Notary Public
My commission Expires:
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
, Chair
Weld County Clerk to the Board
BY:
Deputy Clerk to the Board
APPROVED AS TO FORM:
County Attorney
14
DECLARATION OF COVENANTS,
CONDITIONS, RESTRICTIONS AND EASEMENTS
FOR
PANORAMA ESTATES
THIS DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS FOR
PANORAMA ESTATES is made and entered into this day of
23 , by , a Colorado Corporation ("Declarant") .
RECITALS
A. Declarant is the owner of certain real property located in the
County of Weld, Stale of Colorado, legally described on Exhibit "A" attached
hereto and incorporated herein by reference ("Property") .
B. Declarant desires Lo create on the Property a single-family
residenrial planned unit development, and desires Lo provide for preservation
of Lhe aesthetic and architectural amenities of the Development. For that
purpose, and for the benefit of the Property and the owners thereof, Declarant
desires to subject the Property to the covenants, conditions, restrictions and
easements as set forth in this Declaration.
C. The name of the Development to be created on the Property shall he
PANORAMA ESTATES.
D. Panorama Estates Homeowners Association, a Colorado Nonprofit
Corporation, will regulate the use of certain access, drainage, irrigation and
aLi-i_y easements within the Development, and such portions of the Development
as may be designated for ownership by said Association, and to otherwise govern
the use and enjoyment by Owners of various Common Elements.
ARTICLE 1. SUBMISSION OF PROPERTY
The Declarant does hereby publish and declare that the Property shall he
held, sold, conveyed, transferred, Leased, subleased and occupied subject to
the following easements, covenants, conditions, and restrictions which are for
the purpose of protecting the value and desirability of the Property, and which
shall run with the Property and shall be binding upon and inure to the benefit
of all parties having any right, title, or interest in the Property, or any
portico thereof, their heirs, personal representatives, successors, and
assigns.
ARTICLE 2. DEFINITIONS
2. 1 Definitions. When used in this Declaration, unless the context
clearly indicates otherwise, capitalized terms not otherwise defined in the Act
or in toe Land Survey Flat for the Property shall have the mean-_rgs provided in
the following sections of :his Article:
2. 1.1 "Access Easement" shall mean and refer to the access
easement more particularly described in Section 6.2 (a) of this Declaration.
2. 1 .2 "Allocated Interests" shall mean and refer Lo the
Cordon Expense Liability and votes in the Association.
2. 1.3 "Approval " or "Consent" shall mean and refer to the
prior written approval or consent as required herein before doing, making, or
suffering that for which such approval or consent is required.
1
2.1.4 "Assessments" shall mean and refer to all Common
Expense Assessments, Special Assessments, Individual Assessments and Fines
levied by the Executive Board pursuant to this Declaration, the Bylaws or the
Rules and Regulations.
2.1 .5 "Association" shall mean and refer to Panorama Estates
Homeowners Association, a Colorado Nonprofit Corporation, its successors and
assigns.
2.1. 6 "bylaws" shall mean and refer to any instruments,
however denominated, which are adopted by the Association for the regulation
and management of the Association, including amendments to those instruments.
2. 1.7 "Common Elements" shall mean and refer to any real
estate, easements or real property interests within the Development owned or
leased by the Association or over which the Association has acquired easements,
including access, drainage, irrigation and utility easements hereafter created
pursuant to Section 6.2 and any other property rights owned, leased or
otherwise acquired by the Association. "Common Elements" shall also include
any storm drainage improvements, structures or other facilities, or other
public improvements installed or located (or to be installed or located) within
the Development, as well as related off-site improvements, structures or
facilities used by cr benefitting the Development and/or installed pursuant to
requirement of Weld County as a condition to development of the Development or
any part thereof.
2 .1. 8 "Common Expense Assessments" shall mean and refer to
all Assessments made for Common Expenses.
2. 1. 9 "Common Expenses" shall mean and refer to expenditures
made or liabilities incurred by or on behalf of the Association, together with
any allocations to reserves. These expenses for the operation of the Common
interest Community include, but are riot limited to:
(a) expenses of administering, maintaining, leasing,
securing, insuring or replacing the Common Elements, including, but not limited
to, common roads;
(b) expenses declared to be Common Expenses by this
Declaration;
(c) expenses agreed upon as Common Expenses by the
Association;
(d) such reasonable reserves as may be established
by the Association, whether held in trust or by the Association, for repair,
replacement or addition to the Common Elements or any other real or personal
property acquired or held by the Association.
(e) possible future expenses as summarized in the
Improvements Agreement According to Policy Regarding Collateral for
lmprovements for Panorama Estates.
2.1. 10 "Declarant" shall mean and refer to OWNER, a Colorado
Corporation, or any other Person or group of Persons acting in concert who, as
a part of a common promotional plan, offer to dispose of to a Purchaser such
Declarant's interest in a Parcel not previously disposed of to a Purchaser.
2. 1.11 "Declaration" shall mean and refer to this Declaration,
including any amendments hereto and also including, hut not limited to, any
land survey plats for the Property recorded in the office of the Clerk and
Recorder of Weld County, Colorado.
2. 1 .12 "Design Review Committee" or "DRC" shall mean and refer
Lo the committee established to review and approve plans for the construction
2
of Improvements on Parcels as set forth in Article 8 of this Declaration.
2. 1. 13 "Development" shall mean and refer to the Property
described on Exhibit "A" attached hereto and incorporated herein by reference.
2. 1 . 14 "Dwelling Unit" shall mean and refer to a single-family
residential dwelling constructed or: a Parcel.
2. 1. 15 "Executive Board" shall mean and refer Lc Lhe Executive
Board designated in the Declaration to act on behalf of the Association.
2 . 1. 16 "Fines" shall mean and refer to any monetary penalty
imposed by the Executive Board against a Parcel Owner because of a violation of
this Declaration, the Articles of incorporation of the Association, its Bylaws
or the Rules and Regulations by such Parcel Owner, a member of Lhe Parcel
Owner's family or terant or guest of the Parcel Owner or a member of a family
of a tenant of a Parcel Owner.
2 . 1. 17 "Improvement (s) " shall mean and refer to all Swelling
Units, buildings, outbuildings, parking areas, fences, walls, hedges,
plantings, lighting, poles, driveways, roads, ponds, trails, gates, signs,
chances in exterior color or shape, excavation and all other site work,
including, without limitation, grading, roaa constriction, utility
improvem.ecLs, removal of trees or plantings, and ar:y new exterior construction
or exterior improvement which may not be included in the foregoing.
"Improvement (s) " does not include turf, shrub or tree repair or replacement of
a magnitude which does not change exterior colors or exterior appearances .
"Improvement (s) " does include both original improvements and all later changes
and improvements.
2. 1. 19 "Member" shall mean and refer Lo every person or entity
who holds membership in the Association.
2. 1. 19 "Owner" shall mean and refer to the record owner,
whether one (1) or more Persons, of a fee or undivided fee interest in any
Parcel, as defined herein, which is part of the Property, including contract
purchasers, but excluding those having such interest merely as security for the
performance of an obligation.
2. 1 .20 "Parcel" shall mean and refer to a physical portion of
Development which is designated for separate ownership or occupancy and the
boundaries of which are described in or determined from the Declaration. The
sixteen (16) Parcelswhich are described on Exhibit "A" are depicted upon the
site plan attached hereto as Exhibit "B. "
2. 1 .21 "Period of Declarant Control" shall mean and refer to
the period beginning on the date this Declaration is firsL recorded in the
office of the Clerk and Recorder of Weld County, Colorado, and ending on Lhe
date on which the Declarant shall have conveyed to parties (other than a
Successor DeclaranL) all Parcels originally owned by the Declarant in the
Development.
2. 1.22 "Person" shall mean and refer to an individual,
corporation, business trust, estate, limited liability company, limited
partnership, general partnership, association, joint vent-.ire, government,
government subdivision or agency, or other legal or commercial entity.
2. 1. 23 "Property" shall mean and refer to that certain real
property described on Exhibit "A" attached hereto and incorporated herein by
reference.
3
2 . 1 .24 "Security Interest" shall mean and refer to an interest
in real estate or personal property, created by contract or conveyance, which
secures payment cr performance of an obligation. The term includes a lien
created by a mortgage, deed of trust, trust deed, security deed, contract for
deed, land sales contract, lease intended as security, assignment of lease or
rents intended as security, and any other consensual lien cr title retention
contract intended as security for an obligation. "First Security Interest"
shall mean and refer to a Security interest in a Parcel prior to all other
Security interests except the Security interest for real property taxes and
assessments made by Weld County, Colorado, or other governmental authority
having jurisdiction over the Development.
2 .2 Other Terms in Declaration. Other terms in this Declaration may be
defined in specific provisions contained herein and shall have the meaning
assigned by such definition.
ARTICLE 3. THE DEVELOPMENT
3. 1 Name. The name of the Development is PANORAMA ESTATES.
3.2 Planned Community. The Development is a Planned Community or
Development under the Colorado Common interest Ownership Act, C.H.S. , Section
33-33.3-101, et seq.
3.3 Maximum Number of Parcels. The number of Parcels created, and the
maximum number of Parcels that the Declarant reserves the right to create,
within the Development is sixteen (16) .
3.4 Boundaries of Parcels. The legal description of each Parcel
subject to this Declaration are set forth on the attached Exhibit "A" and
depicted an the attached "Exhibit B. "
ARTICLE 4. ASSOCIATION
4 . Authority and Power. The business and affairs of the Development
shall be managed by the Association. The administration of the Development
shall be governed by this Declaration, the Articles of Incorporation, the
Bylaws and published Rules and Regulations of the Association. The Association
shall have all of the powers, authority and duties permitted pursuant to the
foregoing documents which are necessary and proper to manage the business and
affairs of the Association.
4 .2 Declarant Control. Declarant or Persons designated by it, may
appoint and remove the officers of the Associationi and members of the Executive
Board during the Period of Declarant Control, but not Lo exceed a period of
seven (7) years after this Declaration is recorded in the office of the Cleri
and Recorder of Weld County, Colorado.
4 .3 Executive Board Powers and Duties . The Executive Hoard may act in
all instances on behalf cf the Association, except as provided in this
Declaration or the Bylaws. The Executive Board shall have, subject Lo the
limitations contained in this Declaration, the powers and duties necessary for
the administration of the affairs of the Association and of the Development,
which shall include, but not be limited to, the following:
(a) Adopt and amend Bylaws.
(b) Adopt and amend Rules and Regulations regarding the use and
enjoyment of the Common Elements, and the activities of occupants thereon.
(c) Adopt and amend budgets for revenues, expenditures and
reserves .
(d) Collect Assessments from Parcel Owners.
4
(e) Hire and discharge managers.
(t) Hire and discharge independent contractors, employees and
agents, other than managers.
(g) Institute, defend or intervene in litigation or
administrative proceedings or seek injunctive relief for violation cf the
Declaration in the Association's name, on behalf of the Association, or two (2)
or more Parcel Owners on any matters affecting the Development.
(h) Make contracts and incur liabilities.
(1) Enter into agreements for the acquisition of real property
interests and recreational opportunities, including, without limitation, access
easements to public and private lands.
(j ) Regulate the use, maintenance, repair, replacement and
modification of the Common Elements.
(k) Acquire, hold, encumber and convey in the Association's name,
any right, title or interest Lo real estate or personal property, but_ the
Common Elements may be conveyed or subjected to a Security Interest only
pursuant to this Declaration and applicable law.
(1) Grant easements for any period of time, including permanent
easements, leases, licenses and concessions through or over the Common
Elements, and to provide for the sharing of costs of maintaining same, as
appropriate, and on terms deemed reasonable by the Executive Board.
(m) Accept exclusive or non-exclusive easements for any period of
Lime, including permanent easements, through or over lands lying outside the
Common Interest Community for the benefit of Owners of Parcels, and to provide
for the sharing of costs of maintaining same, as appropriate, and on terms
deemed reasonable by the Executive Board.
(n) Impose a reasonable charge for late payment of Assessments
and levy a Nine for violation of this Declaration, the Bylaws and the Rules and
Regulations of the Association.
(o) Impose a reasonable charge for statements of unpaid
Assessments.
(p) Provide for the indemnification of the Association's
officers, agents and the Executive Board and :maintain Directors ' and officers'
liability insurance.
(q) Assign the Association's right to future income, including
.he right to receive Common Expense Assessments, only upon the affirmative vote
of the Owners of Parcels to whisk at least severity-five percent (75%) of the
votes in the Association are allocated, at a meeting called for that purpose.
(r) Act as an arbitrator or mediator with respect to any dispute
between Parcel Owners if the Parcel Owners involved shall consent in writing to
the submission of such dispute to the Association for resolution.
(s) Exercise any other power that may be exercised in the State
of Colorado by a legal entity of the same type as the Association.
(t) Exercise any other power necessary and proper for the
governance and operation of Lhe Association.
4. 4 Executive Board Limitations. The Executive Board may not act cn
behalf of the Association to amend or terminate this Declaration, or to elect
members of the Executive Board or determine their qualifications, powers and
duties or the terms of office of Executive Board members, but the Executive
5
Board ray fill vacancies in its membership for the unexpired portion of any
term.
4 .5 Owner' s Negligence and Tndi vi dual Assessments. Notwithstanding
anything to the contrary contained in this Declaration, or in the event that
the need for maintenance or repair of the Common Elements or any improvements
located thereon is caused by the willful or negligent act, omission or
misconduct of any Parcel Owner, or by the willful or negligent act, omission or
misconduct of any member of such Parcel Owner's family, or by a guest or
invitee of such Parcel Owner, or any tenant of such Parcel Owner or any
contractor, subcontractor, agent or subagent of such Parcel Owner, or the
tenant's family, the costs of such repair and maintenance shall be The personal
obligation of such Parcel Owner, and any costs, expenses and fees incurred by
the Association for such maintenance, repair or reconstruction shall constitute
an "Individual Assessment" and shall be added to and become part of the
Assessment to which such Owner's Parcel is subject and shall he a lien against
such Owner's Parcel as provided in this Declaration. In addition, the
Executive Board may levy an Individual Assessment against any Owner or his or
her Parcel if the Owner, his or her family members, tenants, quests or invitees
willfully or negligently fail Lo comply with the terms and provisions of this
Declaration, resulting in the expenditure of funds by the Association to cause
compliance by such Person with such terms and provisions. An Individual
Assessment shall be levied and the amount of the Individual Assessment shall be
established only after notice to the Parcel Owner and the right Lo be heard
before the Executive Board in connection therewith.
ARTICLE 5. MEMBERSHIP, VOTING RIGHTS AND ALLOCATIONS
5.1 Membership. Every Owner of a Parcel which is subject to Common
Expense Assessments shall be a Member of the Association. The foregoing is not
intended to include Persons who hold an interest merely as security for the
performance of an obligation. Membership shall be appurtenant to and may not
be separated from ownership of any Parcel which is subject to Common Expense
Assessments by the Association. Ownership of such Parcel shall he the sole
Qua: i_`i.cat i on for membership. When more than one (I) Person holds a membership
interest in any Parcel, all such Persons shall be Members . The vote for such
Parcel shall be exercised as they among Themselves determine, but in no event
shall more than one (1) vote be cast with respect tc any Parcel.
5.2 Voting Rights and Assignment of Votes . The effective date for
assigning votes to Parcels created pursuant to this Declaration shall be the
date on which this Declaration is recorded in the records of the Clerk and
Recorder of Weld County, Colorado.
5.3 Allocated Interests. Except as otherwise provided in this
Declaration, the Common Expense Liability and votes in the Association
allocated to each Parcel are set forth as follows:
(a) The percentage of liability for Common Expenses shall be
allocated on the basis of equal I i abi J i ty for each Parcel regardless of the
actual number of acres contained therein; and
(b) The number of votes in Lhe Association shall be allocated on
the basis of one (_) vote for each Parcer regardless of the actual number of
acres contained therein.
ARTICLE 6. COMMON ELEMENTS
6. 1 Dedication of Common Elements. The Declarant hereby dedicates the
Common Elements tc the common use and enjoyment of Parcel Owners as hereinafter
provided.
6.2 Dedication of Easements. Subject to the limitations and
restrictions set forth in this Article 6 and all existing easements,
reservations, restrictions, covenants and agreements of record, the Declarant
6
does hereby establish, remise, release, sell, convey, quitclaim and dedicate
unto the Association, its successors and assigns, for the use of the Owners of
Parcels within the Development, their family members, tenants, guests and
invitees, the following perpetual non-exclusive easements in, over, across and
upon real property located within the Property at the locations described below
and/or depicted or described upon the Plat for the Property:
(a) Access Easement. A perpetual non-exclusive vehicular and
pedestrian Access Easement sixty feet (60' ) in width as more fully described as
on the recorded Plat of the Property, which Plat is
incorporated herein by this reference, which shall provide ingress and egress
to and from Weld County Road 17 and each parcel within the Development; also
the perpetual exclusive twenty foot ;20' ) easement for ingress and egress to
one acre open space and irrigation pond from NAME OF ROAD
also the twenty-five foot (25' ; right-of way and easement for ingress and
egress created by that certain Grant of Easement and Agreement dated November
30, 2010, recorded March 4, 20:1 , in the office of the Clerk and Recorder of
Weld County, Colorado under Reception number 3754230, between Anthony J.
Goddard and Diane M. Goddard, as Grantor, and KMGG , as Grantee, which easement
and agreement is hereby assigned by Declarant Lc the Association, and the
obligations under which shall be, and are hereby assumed by Lhe Association.
(b) Drainage, irrigation and Utility Easement. A perpetual non-
exclusive Drainage, irrigation and Utility Easement as more fully described on
the recorded Plat of Lhe Property, which i'lat is incorporated herein by this
reference for stormwater drainage, storage and delivery of irrigation water and
for the installation, construction, maintenance, inspection, operation,
replacement or removal of all utilities, including, but not limited to, water,
telephone, natural gas, electricity and cable television, to the Parcels within
the Development. Owner' s allowed uses within a drainage easement must not
adversely affect store:wale_ drainage within Panorama Estates and must meet
governmental regulations.
(c) Utility Easements. There is hereby created a general
easement upon, across, over, in and under such portion cf the Property as sta : l
be located outside of the actual final building sites on each Parcel for
ingress and egress and fur installation, replacement, repair and maintenance of
all utilities, including, but not limited Lo, water, telephone, electrical,
television and communications systems if, and to the extent :hat in the
reasonable discretion of the utility provider, such utilities cannot be located
within existing easements. Dy virtue of this casement and upon a determination
by the utility Provider that the utilities cannot reasonably be so located, it
shall he expressly permissible and proper for utility providers providing
electrical , television, telephone and other communications services to install
and maintain necessary equipment on all portions of the Property and to affix
and maintain electrical, television, telephone and other communications wires,
circuits and conduits on or under the Property. Any utility company using this
general easement will use its best efforts to install and maintain the
utilities provided without disturbing the uses of the Owners, the Declarant and
will prosecute its installation and maintenance activities as promptly and as
expeditiously as reasonably possible. Should any utility company furnishing
service covered by this general easement request a specific easement by
separate recordable document, the (Declarant (during the Period of Declarant
Control ) and the Association (after the Period cf Declarant Control) will have,
and are hereby given, the right and authority to grant such easement upon,
across, over or under any part of the Property without conflicting with the
terms of this Declaration. This general easement will in no way affect, void,
extinguish or modify any ether recorded easement on the Property.
5.3 Maintenance and Regulation cf Common Elements. The Access
Easement, and any electrical services and any other improvements contemplated
by this Declaration, not owned by specific utility providers, shall be deemed
Common Elements, and such improvements, together with any other Common
Elements, shall be maintained, repaired and replaced as necessary by the
Association so that the Common Elements present an aesthetically attractive
appearance Lo serve the purpose for which they were installed; provided,
however, the Association shall have no responsibility to maintain electrical
lines, telephone lines or other utility facilities to the extent operated,
reaintained, repaired and serviced by utility providers . The Association shall
have no obligation tc maintain, repair, renovate, manage or control private
driveways.
Notwithstanding anything to the contrary contained herein, in the event
the need for the Association to maintain, repair or replace a Common Element is
caused by the willful act or gross negligence or misconduct of an Owner or a
member of such Owner' s family, or a guest, invitee or Lenart of an Owner cr a
member of such tenant' s family, the costs of such repair, replacement or
maintenance, to the extent not covered by the Association insurance, shall he a
personal obligation of such Owner, and any costs, expenses and fees incurred by
the Association for same shall be assessed to such Owner and added to Owner' s
Common Expense Assessment. The Association shall have a l'-en for the payment
of such Assessment as provided in this Declaration.
The Association may adopt such Rules and Regulations with respect to its
Members, their family members, tenants, quests, invitees, contract users,
contractors, subcontractors and agents as shall be necessary for the proper
regulation of the use of the Common Elements, including the Access Easement, in
order to allow the Owner of each Parcel the toll use and enjoyment of the
Common Elements provided herein in a manner which shall not unreasonably
disturb or interfere with the use of the Property by Persons who own a Parcel
within the Development.
6.4 Owners' Easements of Common Elements . Each Owner of a Parcel shall
have a right and easement to the Common Elements tor maintenance, delivery of
utilities and services and ingress and egress along NAME OF
ROAD and such easement shall be appurtenant to and shall pass with
title to every Parcel, subject to the following provisions:
'a) The right of -re Association to promulgate and publish
reasonable Rules and Regulations as provided in this Declaration.
(b) The righL of the Association to suspend voting rights and the
right to use Common Elements by a Parcel Owner fur any period during which any
Assessment against his or her Parcel remains unpaid; and for a period not to
exceed sixty (60) days from any infraction of it published Rules and
Regulations.
(c) The righL of the Association to dedicate or transfer any part
of the Common Elements, to any public agency, authority, utility or other
entity for such purposes and subject to such conditions as may be agreed upon
by the Members, provided that no such dedication or transfer shall be effective
unless the Parcel Owners entitled to cast at least sixty-seven percent (67%) cf
the votes of the Association, including sixty-seven percent (67%) of the votes
allocated to Parcels not owned by the Declarant, agree to such dedication,
transfer, purpose or condition. Written notice cf the proposed agreement and
action thereof shall be sent to every Parcel Owner at least thirty (30) days in
advance of any action Laken. The granting of easements for public utilities or
for other public purposes consistent with the intended use of the Common
Elements shall not be deemed a transfer within the meaning of this clause. An
agreement to dedicate, transfer or convey all or any part of the Common
Elements must be evidenced by execution and recordation of an agreement or
ratification thereof, in the same manner as a deed by the reauis_te number of
Parcel Owners. Such agreement crust specify a date after which the agreement
will he void unless recorded before that date.
(d) The right of the Association to close or limit use of the
Common Elements while maintaining, repairing and making replacements in the
Common Elements, provided that the Association shall attempt to minimize any
interference with access to Parcels within the Property.
8
6.5 Easements for Encroachment. 1O Lhe extent that any Cocuaon Scads or
utilities, now or hereafter, encroach upon any area outside cf its designated
easement area, a valid easement shall be deemed to exist for the encroachment
and for Lhe maintenance of Lhe same so long as such Improvement shall. exist.
6. 6 Emergency Easement. An easement for ingress, egress and access is
hereby granted to all police, sheriff, fire protection, ambulance and other
similar emergency agencies or persons to enter upon the Property in the
performance of their duties.
6. 7 Delegation of Use. Subject to such reasonable Rules and
Regulations as shall be promulgated by the Association, a Parcel Owner may
delegate his or her right of use in the Common Elements to the members of his
or her family, tenants, and a reasonable number of guests or invitees of such
Parcel Owner.
6. 8 Title to Common Elements. The Common Phements shall be transferred
to the Association free and clear of all liens and encumbrances prior to the
conveyance of the first Parcel within the Development; subject, however, to the
Provisions of Article 6 of this Declaration. Upon transfer by Declarant Lo the
Association of any Common Elements or any improvements or facilities installed
in, on or under any of the Common Elements, as contemplated by this
Declaration, the Association shall he deemed to have fully accepted same, in
its then present condition, and the Association shall thereafter be fully
responsible for due and proper operation, repair and maintenance of same.
6. 9 Failure to maintain common areas. Tf the organization
established to own and maintain common open space, or any successor
organization fails to maintain the common open space in reasonable order and
condition in accordance with the approved PUD final plan, the following action
may be taken: (i) The cost of such maintenance by the Weld County Board of
County Commissioners shall be paid by Lhe owners of the properties within the
PUD that have a right of enjoyment of the common open space, and any unpaid
assessments shall become a tax lien on said properties, pursuant to Section
24-67-105, C.R.S. ; (ii ) If the deficiencies set forth in the original notice
or in the modifications thereof are not rectified within thirty (30) days or
any extension thereof, the Board of County Commissioners, in order to preserve
Lhe values of Lhe properties within the PUD and to prevent the common open
space from becoming a public nuisance, may enter upon said common open space
and maintain the same for a period of one (7 ) year. Said entry and maintenance
shall not vest in the public any rights to use the common open space except
when the same is voluntarily dedicated to the public by the owners and
accepted by the Board of County Conanissioners . Before the expiration of said
one-year period, the Board of County Commissioners shall hold a public hearing
to consider the necessity of continuing such maintenance for a succeeding
year. Notice of the hearing shall be given, In writing, not less than thirty
(33) days and not more than sixty (60) days prior to this hearing to the
organization normally responsible for the maintenance of the common open space
and to the owners or residents of :he PUD. If the Board of County Com-
missioners determines that such organization is not ready and able to maintain
said common open space in reasonable condition, the Roard may continue to
maintain said common open space during the next succeeding year, and shall he
subject to a similar hearing and determination in each year thereafter.
ARTICLE 7. COVENANT FOR ASSESSMENTS
7 .1 Creation of Lien and Personal Obligation of Assessments and Special
Assessments . The Declarant, for each Parcel owned within the Property, shall
be deemed to covenant and agree, and each Owner of any Parcel, by acceptance of
a deed therefor, whether cr net it shall be so expressed in any such deed or
other conveyance, shall be deemed to covenant and agree to pay to the
Association all Assessments and Fines, together with such interest thereon and
costs of collection thereof as herein provided. Said Assessments, Fines,
interest and costs of collection, including reasonable attorneys' fees, shall
be a charge on the land and shall be a continuing lien upon the Parcel against
9
which each such Assessment or Fine is made. Such Assessments and Fines,
including reasonable attorneys ' tees, shall he the personal obligation of the
Person who was the Owner of such Parcel at the time when the Assessment or Fine
fell due. The personal obligation for any delinquent Assessment or Fine shall
not pass to his or her successors in title unless expressly assumed by them. No
Owner may become exempt from liability for payment of Assessments or lines by
waiver of the use or enjoyment of the Common Elements or by abandonment of the
Parcel against which Assessments are made.
7 .2 Purpose of Assessments. The Assessments levied by the Association
through its Executive Board shall be used exclusively for the purpose of
promoting the health, safety and welfare of the residents in the Development;
for the maintenance, repair and upkeep of Lhe Common Elements and for any other
maintenance obligations or common services which may be deemed necessary by the
Association for the common benefit of the Owners, or the maintenance of
property values, or for the payment of expenses which may he incurred by virtue
of am agreement with or requirement of any city, county or other local
government authority, and to provide for all other expenses incurred by the
Association in performing its duties under :his Declaration. The Assessments
shall further he used to provide adequate insurance of various types, and in
such amounts deemed necessary by the Executive Board, with respect to the
Common Elements. Further, the Assessments shall provide a reserve fund for
replacements on a periodic basis as the Executive Board determines necessary to
adequately provide for such replacements as may be required by this
Declaration.
7.3 Annual Common Expense Assessment. The total annual Common Expense
Assessment against all Parcels shall be based upon the Association's advance
budget of the cash requirements needed by iL to provide for the administration
and performance of its duties during such Common Expense Assessment year, which
estimates may include, among other things:
Irrigation expenses
Road maintenance and upkeep
Upkeep of common areas
Insurance
Upgrades to CR17 as required
(a) Expenses of maintaining the Association and providing
management for the Development; (b) premiums for all insurance which the
Association is required or permitted to maintain; (c) repairs and m.air:tenance
to or replacement of the Common Elements; (d) snow removal on the Access
Easement; (e) wages for Association employees, if any; (f) legal , accounting
and property management fees; (g) any deficit remaining from a previous
Assessment year; (h) the creation of reasonable, replacement or contingency
reserves, working capital and/or sinking funds; and (i) any other costs,
expenses and fees, which may he incurred or may reasonably be expected to be
incurred by the Association for the benefit of the Parcel Owners under or by
reason of this Declaration.
Such Common Expense Assessments shall be collected aL such intervals as
is determined by the Executive Board hut not less frequently than on an annual
basis.
7.4 Special Assessments.
(a) in addition to the Common Expense Assessments authorized
above, the Association may at any time, from time to tine, determine, levy and
assess a Special Assessment for the purpose of defraying in whole or in part,
payments for any operating deficit and/or unbudgeted costs, fees and expenses
of any construction, reconstruction, repair, demolition, replacement or
maintenance of the Common Elements or for "Capital improvements" or "Capital
Acquisitions. " Any such Special Assessment made by the Executive Board must be
10
approved by not less than sixty-seven percent (67%) of the Members who are
voting in person or by proxy at a meeting duly called for that purpose. No
Special Assessment for legal action pursued by the Association shall be
required of the Declarant without the written Approval of the Declarant. the
amounts determined, levied and assessed pursuant hereto shall be assessed
equally against each Parcel.
(b) "Capital Improvements, " as used herein, shall mean the
construction, erection or installation of substantial structure (s) or other
improvement (s) to the Common Elements in the Common interest Community, hut
shall not include Common Elements which may hereafter be constructed, erected
or installed on the Property by the Declarant.
(c) "Capital Acquisitions" as used herein, shall mean the
purchase, lease or other acquisition of real property interests in and about
the Development, including, but not limited to, access to private and/or public
lands in the vicinity of the Development or other property interests which will
benefit and enhance the use and enjoyment of the Development by the Parcel
Owners thereof but shall not include any capital acquisitions hereafter made by
the Declarant.
(d) Notice in writing setting forth the amount of such Special
Assessment per Parcel and the due date for payment thereof shall be given to
the Parcel Owners not less than sixty (60) days prior to such due date.
(e) Written notice of any meeting called for the purpose of
taking any action authorized under this section shall be sent to all Members
not less Than ten. ;10) nor more Lhan fifty-nine (59) days in advance of the
meeting. At: the first such meeting called, the presence of Members or of
proxies, if permitted, entitled to cast fifty percent (50%) of all votes of the
membership shall constitute a quorum. If the required quorum is not present,
the meeting shall be continued to another date to be decided by The voting
Members at the first meeting, and it will be called subject to the same notice
requirements, and the required goorran aL the subsequent meeting shall he
twenty-five percent (25%) of a:_ votes of the membership. No such subsequent
meeting shall be held more than sixty (60) days following the preceding
meeting.
7.5 Rate of Assessment. Except as otherwise provided in this
Section l.a and in Section 7.13, each Owner shall be responsible for
fraction, the numerator of which shall be 1 and the denominator of which shall
be equal to the number of Parce:.s in the Development, of all Common Expense
Assessments, plus any Special Assessments which shall be allocated Lo each
Parcel. Notwithstanding the foregoing, any Common Expense Assessments or
Special Assessments which benefit fewer than all Owners shalt be assessed
exclusively against the Parcels benefited.
7. 6 Date of Commencement of Annual Common Expense Assessments and
Budget. Common Expense Assessments shall commence upon the sale of the first
Parcel to an Owner. The first Common Expense Assessment shall be prorated
according to the number of days remaining in the Assessment period established
by the Executive Board. The Executive Board shall fix the amount of the annual
Common Expense Assessment against each Parcel at least yearly. Written notice
of the Common Expense Assessment shall be sent -o every Parcel Owner subject
thereto. Common Expense Assessments shall be collected at such intervals and
in such installments as the Executive Board shall determine. The due dates
shall be established by the Executive Roard. After Lhe first budget year of
the Association, within thirty (30) days after adoption of a proposed budget
for the Development, the Executive Board shall provide a summary of the budget
to each Owner and shall set a date for a meeting of the Parcel Owners to
consider ratification of the budget. The meeting shall he not loss than
fourteen (14) nor more than fifty (50) days after the mailing of the summary.
Unless at that meeting a majority of ail Parcel Owners reject the budget, the
budget shall be ratified, whether or not a quorum is present. If the proposed
budget is rejected, the periodic budget last ratified by the Parcel Owners
11
shall continue until Lhe Parcel Owners ratify a new budget proposed by the
Executive Board.
Association Lier. and Effect of Non-Payment of Assessments. The
Assessments, charges, tees, Finns, impositions, interest, costs, late charges,
expenses and reasonable attorneys' fees which may arise under the provisions of
this Leclaration, shall be burdens running with, and perpetual liens in favor
of the Association upon the specific Parcel to which such Assessments apply.
Recording of Lhe Declaration constitutes record notice and perfection of the
Association's lien. Further recording of a claim of lien for an Assessrrent
under this section is net required. Any Assessment, charge or fee provided for
in this Declaration, or any installment thereof, which is not fully paid within
ten (10) days after the due date thereof shall bear interest aL the Default
Rate from the due date, and the Association may assess a late charge thereon.
Tr the event of default in which any Parcel Owner does not make payment of any
Assessment Levied against his or her Parcel within ten (10) days of the due
date, the Executive Board shall have the right to declare all unpaid
Assessments for the pertinent fiscal year immediately due and payable.
Further, Lhe Association may bring an action aL law or in equity, or both,
against any Parcel Owner personally obligated to pay such overdue Assessments,
charges or fees, or installments thereof, and may also proceed to foreclose its
lien against such Owner' s Parcel.
AU action aL law or in equity by the Association against a harmer Owner
to recover a money judgment for unpaid Assessments, charges cr fees, or
installments thereof, may be commenced and pursued by the Association without
foreclosing or in any way waiving, the Association's lien therefor. Tr the
event that any such Assessment, charge or fee, or installment thereof, is net
fully paid when due and the Association shall commence such action (or shall
counterclaim or crossclaici for such relief in any action) against any Parcel
Owner personally obligated to pay the same, or shall proceed to foreclose its
lien against the particular ParceL, then all unpaid Assessments, charges and
fees, and all unpaid installments thereof, and any and all late charges and
accrued interest under this section, the Association's costs, expenses and
reasonable attorneys' fees incurred in preparing and recording any lien notice,
and the Association' s costs of suit, expenses and reasonable attorneys ' fees
incurred for any such action and/or foreclosure proceedings shall be taxed by
the court as a part of the cost of any such action or foreclosure proceeding
and shall be recoverable by the Association from any Parcel Owner personally
obligated to pay the same and from the proceeds of the foreclosure sale of such
Owner's Parcel. Foreclosure or attempted foreclosure by the Association of its
lien shall not be deemed to estop or otherwise preclude Lhe Association from
thereafter again foreclosing or attempting to foreclose its Lien for any
subsequent Assessment, charge or fee, or installment thereof, which is not
fully paid when due.
The Association shall have the power ar:d right to bid on or purchase any
Parcel at foreclosure or other legal sale, and to acquire and hold, lease,
mortgage, vote the Association votes appurtenant to ownership thereof, convey
or otherwise deal with the same. A lien for an unpaid Assessment is
extinguished unless proceedings to enforce the lien are instituted within six
(6) years after Lhe full amount of Assessments becomes due, except that if an
Owner of a Parcel subject to a lien under this section filed a petition for
relief under the United States Bankruptcy Code, the time period for instituting
proceedings to enforce the Association's lien shall be tolled until ninety (90)
days after the automatic stay of proceedings under § 362 of the Bankruptcy Code
is lifted. In any action by the Association to collect Assessments or to
foreclose a lien for unpaid Assessments, the court may appoint a receiver for
the Parcel to collect all sums alleged to be due from the Parcel Owner or a
tenant of the Parcel Owner prior to or during the pendency of the action. The
court nay order the receiver to pay any sums held by the receiver to the
Association during the pendency of the action to the extent of the
Association' s Assessments, based on a periodic budget adopted by the
Association.
12
7. 8 Subordination of Lien to Security interests. A lien under this
section is prior Lo all other liens and encumbrances on a Parcel except:
(a) Liens and encumbrances recorded before the recordation of
this Declaration;
(h) A First Security Interest on the Parcel recorded before the
date on which the Assessment sought to he enforced became delinquent; and
(c) liens for real estate taxes and other governmental
assessments or charges against Lhe Parcel.
A lien under this section is also prior to all Security Interests to the
extent that the Assessments are based on the periodic budget adopted by the
Association and which would have become due, in the absence of acceleration,
during the six (6) months immediately preceding institution of an action to
enforce either the Association' s lien or a Security Interest, and statutory
liens recognized under Colorado law. If a holder of a First Security Interest
in a Parcel forecloses that Security Interest, the Purchaser at the foreclosure
sale is not liable for any unpaid Assessments against the Parcel which became
due before the sale, other than Lhe Assessments which are prior to the Security
Interest under this section of the Declaration. Any unpaid Assessments not
satisfied from the proceeds of sale become Common Expenses collectible from all
Parcel Owners, including the Purchaser. Sale or transfer of any Parcel shall
not affect the lien for said Assessment charges except that a sale or transfer
of any Parcel pursuant to foreclosure of any First Security Interest, or any
proceeding in lieu thereof, including deed in lieu of foreclosure, or
cancellation or forfeiture of any such executory _and sales contracts shall
only extinguish the lien of Assessment charges which become due more than six
(6) months immediately preceding institution of an action to enforce either the
Association' s lien or a Security interest, and statutory liens recognized under
Colorado law. No such sale, transfer, foreclosure or other proceeding in lieu
thereof, including deed in lieu of foreclosure, shall relieve any Parcel from
liability for any Assessment charges thereafter becoming due, nor from Lhe lien
thereof. This section dons not affect the priority of mechanics' cr
materialmen' s liens.
7. 9 Record of Receipts and Expenditures. The Association shall keep
detailed and accurate records in chronological order of all of its receipts and
expenditures, specifying and itemizing the maintenance and repair of expenses
of the Common Elements and any other expenses incurred. Such records and the
vouchers authorizing the payments shall he available on request for examination
by the Parcel Owners and others with an interest, such as prospective lenders.
7. 10 Notice to Security Interest . Upon Lhe request of a holder of a
First Security Interest on a Parcel , and upon payment of reasonable
compensation therefor, the Association shall report to such party any unpaid
Assessment or other defaults under the terms of this Declaration which arc not
cured by the Parcel Owner within thirty (30) days.
7. 11 Certificate of Status of Assessments. The Association, upon
written request to the Association's registered agent, personally delivered or
delivered by certified mail, first class postage prepaid, return receipt
requested, and upon payment of a reasonable fee, but in no event less than Ten
Dollars ($10.00) , shall furnish Lo a Parcel Owner or such Parcel Owner's
designee or to a holder of a Security Interest or its designee, a statement, in
recordable form, setting out the amount of the unpaid Assessments against the
Parcel. The statement must be furnished within fourteen (14) business days
atter receipt of Lhe request and is binding on the Association, the Executive
Board and each Parcel Owner. A properly executed certificate of the
Association as to the status of Assessments on a Parcel is binding upon the
Association as of the date of its issuance. Omission or failure to flit an
Assessment or deliver or mail a statement for any period shall_ not be deemed a
waiver, modification or release of a Parcel Owner from his or her obligation to
pay the same.
13
7.12 homestead. The lien of the Association Assessments shall be
superior to any homestead exemption as is now or may hereafter be provided by
Colorado or federal law. The acceptance of a deed tc land subject to this
Declaration shall constitute a waiver of the homestead exemption as against
said lien.
7.13 Common Expenses Attributable to Fewer than All Parcels .
7. 13. 1 If a Common Expense is caused by the misconduct of a
Parcel Owner, the Association may assess that expense exclusively against that
Parcel Owner' s Parcel as more fully provided in Section 4 .ii, above.
7. 13.2 Fees, charges, taxes, impositions, late charges, Fines,
collection costs and interest charged against a Parcel Owner pursuant to this
Declaration are enforceable as Cc:u;ion Expense Assessments .
7. 13.3 Any Common Expense or portion thereof benefirting fewer
than all of the Parcels must be assessed exclusively against all the Parcels
benefitted in the proportions determined by the Executive Board after
considering the relative size and value that the Parcels being benefitted bear
to all Parcels benefitted.
ARTICLE 8. DESIGN REVIEW COMMITTEE
8. 1 Committee and Guidelines. There is hereby established a Design
Review Committee, which shall be responsible for administration of the Property
use and design restrictions established in this Declaration, and to the
establishment and administration of Design Guidelines to facilitate the
purposes and intent of this Declaration if and when the DEC deems any such
Resign Guidelines to he necessary or appropriate. The DEC may amend, vary,
repeal and augment, and grant variances from, the Design Guidelines from time
to time, in the DEC's sole discretion based on concerns for good planning and
design, the aesthetic, architectural and environmental harmony of the
Development cr other factors as necessary or desirable to fulfill the intent of
the Design Guidelines. The Design Guidelines shall be binding on all Owners
and other persons governed by this Declaration.
The Design Guidelines may include, among other things, those restrictions
and limitations set forth below:
8. 1 . 1 Standards establishing and dictating an architectural
theme and requirements pertaining to building style and design, construction
materials and site planning.
8 .1.2 Procedures and fees for making app ication to the DEC
for design review approval , including the documents to he submitted and the
time limits in which the DRC must act to approve or disapprove any submission.
8 . 1. 3 Time limitations for the completion, within specified
periods after Approval, of the Improvements for which Approval is required
under the Design Guidelines.
8 .1. 4 Establishing the maximum developable area of a Parcel
or set-back or view corridor requirements.
8 .1 .5 Specifications for the location, dimensions and
appearance or screening of any fences, accessory structures, antennae or other
Improvements .
8 .1. 6 Landscaping regulations, including Limitations and
restrictions prohibiting the removal or requiring the replacement of existing
trees; guidelines encouraging the use of plants indigenous to the locale and
compatible with the design theme for the Development; and other practices
henefitting the protection of the environment, aesthetics and architectural
14
harmony of the Development.
8 .1 .7 General instructions for the construction,
reconstruction, refinishing or alteration of any improvement, including any
plan tc excavate, fill or make any other temporary or permanent change in the
natural cr existing surface contour or drainage or any installation of utility
lines or conduits upon a Parcel, addressing matters such as loading areas,
waste storage, trash removal, equipment and materials storage, grading,
transformers and meters.
8 . 2 DRC Membership and Organization. The DRC shall be composed of
three )3) individuals and need not include any Parcel Owners. Declarant hereby
appoints and designates to serve
as the initial DRC. In the event there is not at feast one (1 ) design
professional on the PRO, the CRC may, as needed from time to time, retain the
services of a design professional for assistance in the discharge of its
duties. Al_ members of the DRC shall be appointed, removed and replaced by Lhe
Declarant, in iLs sole discretion, until the Declarant waives this right by
notice to the Owners recorded in the office of the Clerk and Recorder of Weld
County, Colorado. At that time, unless the Declarant has appointed its
successors by designating same in the written notice, the Association, acting
through its ixecutive Board, shall thereafter, from tine to time have the right
to appoint, remove and/or replace members of the DRC by duly recorded written
instrument specifying the members of the DRC.
8.3 Purpose and General Authority. The DRC shall review, study and
either approve or reject proposed improvements on the Property, all in
compliance with this Declaration and as further seL forth in any design
Guidelines as Lhe DRC may establish from Lime to time Lo govern its
proceedings. No Improvement shall he erected, placed, reconstructed, repiaced,
repaired or otherwise altered, nor shall any construction, repair or
reconstruction be commenced until plans for the Improvements shall have been
approved by the DRC; provided, however, that Improvements that are completely
within a building may be undertaken without such Approval. All Improvements
shall be constructed only in accordance with approved plans.
The Design Review Committee shall approve plans and specifications
submitted to it only if it determines that the construction, alteration, and
additions contemplated thereby, and in the location as indicated, will comply
with this Declaration; will serve to preserve and enhance the value of the
Parcels within the Development; will be consistent with the spirit and intent
of this Declaration; and will maintain a harmonious relationship among
structures and topography within the Development. The Design Review Committee
shall consider the quality cf workmanship, type of materials, and harmony of
exterior design with other Dwelling Units located within the Development.
Should the design Review Committee fail to approve or disapprove the plans and
specifications submitted Lo it by an Owner of a Parcel within fifteen (15) days
after complete submission of all required documents, the plans shall be
resubmitted to the Design Review Committee by certified mail , return receipt
requested, with a copy to the Declarant, by certified mail, return receipt
requested, and, in the event that the Design Review Committee fails to approve
or disapprove any plans and specifications as herein provided within fifteen
(IS) days after such resubmission to the Design Review Committee and the
Declarant by certified mail , the same shall be deemed to nave been approved, as
submitted, and no further action shall be required, provided, however, that no
building or other structure shall be erected or allowed to remain on any Parcel
which violates or is inconsistent with any of Lhe covenants cr restrictions
contained in this Declaration. The issuance of a building permit or license
for the construction of improvements inconsistent with this Declaration shall
not prevent the Association or any Owner from enforcing the provisions of this
Declaration.
8.3.1 DRC Discretion. The DRC shall exercise its best
judgment to see that all. Improvements conform and harmonize with any existing
structures as to external design, quality and type of construction, materials,
color, location on the Parcel , height, grade and finished ground elevation, and
15
the schemes and aesthetic considerations set forth in this Declaration and any
Design Guidelines. The DEC, in its sole discretion based on concerns for good
planning and design, the aesthetic, arohiLec:ural and environmen'_al interests
of the Development, or other factors as necessary or desirable to fulfill the
intent of [his Declaration or any Design Guidelines, may excuse compliance with
such requirements in specific situations and may permit compliance with
different or alternative requirements.
8.3.2 Binding Effect. The actions of the DEC in the exercise
of its discretion by its approval or disapproval of plans and other information
submitted Lo IL, or with respect Lo any other matter before IL, shall be
conclusive and binding or all interested parties.
8.4 Organization and Operation of DRC.
8.4. 1 Chairman. So long as Lhe Declarant appoints the DEC,
the Declarant shall appoint the chairman. At such time as the DRC is appointed
by the Executive Board, the chairman shall he elected annually from among the
members of the DRC by a majority vote of such members. In the absence of a
chairman, the party responsible for appointing or electing the chairman may
appoint or elect a successor, or if :he absence is temporary, an interim
chairman.
8.4 .2 Operations. The DRC chairman shall take charge of and
conduct all meetings and shall provide for reasonable notice to each member of
the DEC prior to any meeting. The notice shall set forth the time and place of
the meeting, and notice may be waived by any member.
8.4 .3 Voting. The affirmative vote of two (2) or mere
members of the DRC shall govern its actions and he the act of the DRC.
8 .4. 4 Expert Consultation. The CRC may avail itself of other
technical and professional advice and consultants as iL deems appropriate, and
the DEC may delegate its plan review responsibilities, except final review and
approval , to one (T ) or more of its members or to consultants retained by the
DEC. Upon that delegation, the approval or disapproval of plans and
specifications by such member or consultant shall be equivalent tc approval or
disapproval by the entire DEC.
8.5 Expenses. The DRC shall have the right to charge a fee for each
application submitted to it for review, in an amount which may be established
by the DRC from time to time, and such fees shall be collected by the CRC
defray and reimburse all expenses of the DEC' s operation (including, without
limitation, Lhe cost of retaining any technical or professional advice or
consultation deemed necessary or appropriate by the DEC) .
8. 6 Submission. Each application for Approval shall include such
documentation as may be required by the DEC or as set forth in any Design
Guidelines.
8.7 Other Requirements. Compliance with the design review process of
the Development is not a substitute for compliance with the applicable
building, zoning and subdivision regulations, and each Owner is responsible for
obtaining all Approvals, licenses, and permits as may be required prior to
commencing construction of Improvements.
Further, the establishment of the DRC and procedures for architectural
review shall not be construed as changing any rights or restrictions upon
Owners to maintain and repair their Parcels and Improvements as otherwise
required under the Documents.
8. 8 Limitation of Liability. The CRC shall use reasonable judgment in
accepting or disapproving all plans and specifications submitted to it.
Neither the DEC nor any individual DEC member shall be liable to any person for
any official act of the DEC in connection with submitted plans and
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specifications, except to the extent the DEC or any individual DEC member acted
with malice or wrongful intent. Approval by the DEC does net necessarily
assure approval by the appropriate governmental board or commission for the
County of Weld. Notwithstanding that the DRC has approved clans and
specifications, neither the DRC nor any of its members shall be responsible or
liable tc any Owner, developer or contractor with respect to any loss,
liability, claim er expense which may arise by reason of such Approval of Lhe
construction of the Improvements. Neither the CRC, nor any agent thereof, nor
the Declarant, nor any of his employees, agents or consultants shall be
responsible in any way for any defects in any plans or specifications
submitted, revised or approved in accordance with the provisions of this
Declaration, nor for any structural or other defects in any work done according
to such plans and specifications. In ail events Lhe DRC shall be defended and
indemnified by the Association in any such suit or proceeding which may arise
by reason cf the DEC's decision. The Association, however, shall rot be
obligated to indemnify a member of the DEC to the extent any such member of the
DRC is adjudged to be liable for negligence or misconduct in the performance of
his or her duty as a member cf the DRC, unless and Lhen only Lo the extent that
the court in which such action or suit nay be brought determines upon
application that, despite the adjudication of liability but in view of all
circumstances of the case, such person is fairly and reasonably entitled to
indemnification for such expense as such court shall deem proper.
8. 9 Enforcement.
8 . 9. 1 Inspection. Any member or authorized consultant of the
DEC may enter upon any Parcel at any reasonable time after notice to the Owner,
without being deemed guilty of trespass, in order to inspect Improvements
constructed or under construction on Lhe Parcel to determine whether the
Improvements have been or are being built in compliance with this Declaration
and the plans and specifications approved by the Design Review Committee.
8 . 9.2 Certificate of Compliance. Upon payment of a
reasonable fee established from time to time by the CRC, and upon written
request of any Owner or his or her agent, an existing or prospective lender, or
a prospective grantee, the PRO shall issue an acknowledged certificate, in
recordable form, setting forth generally whether, to the best of Lhe DEC's
knowledge, the improvements on a particular Parcel are in compliance with the
terms and conditions of this Declaration.
8. 9.3 Deemed Nuisances. Every violation of this Declaration
is hereby declared to be and to constitute a nuisance, and every public or
private remedy allowed for such violation by law or equity against a Parcel
Owner shall be applicable. Without limiting the generality of the foregoing,
this Declaration may be enforced as provided below.
(i ) Fines for Violations. The Association or the
DEC may adopt a schedule of fines for failure to abide by this Declaration and
any Design Guidelines, including fines for failure to obtain any required
approval from the DEC.
(ii ) Removal of Nonconforming Improvements with Court
Order. The DRC, the Association, or any Parcel Owner, and after first
obtaining a court order from a Colorado court having jurisdiction thereof, may
enter upon any Parcel and remove any Improvement constructed, reconstructed,
refinished, altered or maintained in violation of this Declaration. The Owner
of the Improvement shall immediately reimburse the appropriate parties for all
expenses incurred in connection with such removal . Tf the Owner fails to
reimburse the appropriate parties within thirty (30) days after receipt of
notice of the expenses, the sum so owed shall bear interest at the rate of
eighteen percent (18%) per annum from the date of the advance through the date
of reimbursement in full, and ail such sums and interest shall be a lien on the
defaulting Owner' s Parcel , and shall also be enforceable as provided in this
Declaration.
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H .13 Continuity of Construction. All Improvements commenced on the
Property shall be prosecuted diligently to completion and shall be completed
within Twelve (12) month; after ccrrmencement, unless an exception is granted in
writing by the CRC.
ARTICLE 9. PROPERTY USE RESTRICTIONS
9. 1 General Restriction. The Property shall be used only for the
purposes set forth in Lhis Declaration, as permitted by the applicable
ordinances of the County of Weld and the laws of the State of Colorado and the
United States, and as set forth in this Declaration or other specific recorded
covenants affecting all or any part of the Property.
9. 2 Building Type and Use Restrictions. mach Parcel will conform to
the uses allowed by right, accessory uses, uses by special review and bulk
requirements of the Estate Zone District as described by Chapter 23 the Weld
County Code with the exception of any variances described within these
covenants.
9. 3 Manufactured Housing/Mobi_'_e Homes. No Mobile homes shall be
permitted on any Parcel within the Development-. The foregoing shall not
preclude installation of high quality modular homes or factory manufactured
stick built homes which are placed on a permanent concrete foundation, and
which meet the other architectural and design guidelines set forth in this
Declaration or adopted by the Design Review Committee. The Design Review
Committee may, in ifs sole discretion, based on a determination that the
appearance and quality of construction of a proposed structure is such that it
not detract from Lhe appearance or value of the remaining Parcels, allow such
factory, manufactured stick built homes, or other precast or pre-engineered
building components within a structure assembled on a Parcel , provided that
such approval is obtained in writing prior to construction.
9. 4 Architectural Requirements.
(a) 1aterials. A;'1 Dwelling Units constructed within the
Development shall be of materials consistent with the rural , high plains nature
of the Development, such as natural, stained or earth Tone plank/wood siding,
masonite siding, stucco, brick or stone. High quality vinyl, aluminum or other
metal siding may be allowed in the discretion of the 3RC. All materials used
on the front elevation shall also he incorporated on all four-sides of any
Building or ether Improvement. Reflective roof materials and similar materials
inconsistent with the character of the Development are prohibited.
(b) Color. All Dwelling Units and other structures constructed
on any Parcel shall be stained or painted such natural colors as shall be
authorized and approved in writing by the DRC. Bright colors shall not be
permitted as the primary color of any Dwelling Unit and outbuildings. It is
the intent of these restrictions that colors of Dwelling Units and other
structures within the Development shall be such as to minimize the visual
impacts and to otherwise be compatible with the rural, high plains nature of
the Development.
9.5 Outbuildings. Any outbuildings (including, without limitation,
barns or other structures as contemplated by Sections 9.2 and 9.19) shall be
.similar in design, appearance and coder co the Dwelling Unit _located en sgc;i
Parcel and shall total not more than 8, 00C square feet (in addition to the
Dwelling Unit) .
9. 6 Temporary Structures. No structures of a temporary character,
including, by example and not limitation, trailers, mobile homes, converted
trailers, recreational vehicles, campers or tents shall be used on any Parcel
for residential purposes. No temporary structures shall be permitted except as
may be determined to be necessary during construction and as specifically
authorized by the Design Review Comunittee. Notwithstanding the foregoing,
pickup camper, camper trailer, motor horse, recreational vehicle or tent may be
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placed on a Parcel for a period not Lc exceed thirty (30) days per calendar
year, for recreational purposes.
9.7 Fences. While fencing of any Parcel shall not he required (other
than in connection with the placement of animals on Owner' s Parcel as addressed
in Section 9. _9) any fences installed on the exterior boundary of a Parcel
shall be installed in a workmanlike manner and shall consist of new materials.
Any fences constructed within the interior of a Parcel shall also be installed
in a workmanlike manner and shall consist of new materials and colors
compatible with The other Tmprovements located on the Parcel . No fencing shall
interfere with the Access Easement. Any such fencing shall, in any event, he
subject to approval by the DEC.
9.8 Motorized Vehicles and Trailers . No more than three (3) trucks,
trail hikes, golf carts, recreational vehicles, motor hones, motor coaches,
farm tractors, snowmobiles, campers, trailers, boats and heat trailers or
similar vehicles (other than passenger automobiles or pickup or utility trucks
with a capacity of one [1] Lon or less) or any other motorized vehicles shall
be parked, stored or in any manner kepi cr placed en any portion of Lhe
Property except within an enclosed garage cr unless appropriately screened. In
addition, any such trailers or vehicles which are parked outside of an enclosed
garage must be appropriate screened, as approved by the DRC, with fencing or
shrubbery, or by positioning so as not to be visible from other Parcels, and
must be either parked on firm weed-free surface (or if parked of: vegetated
surface, vegetation must be mowed periodically Lc maintain a neat appearance) .
Automobiles and pickup or utility trucks with a capacity of one (1 ) ton or
less shall only be parked in garages, carports or other designated parking
areas . The restrictions of this Section 9. 8 shall not, however, be deemed to
prohibit commercial and construction vehicles, in the ordinary course of
business, from making deliveries or otherwise providing services to the
Property or for the Declarant or other Owners.
9. 9 No Excavation. No excavation shall he made except in connection
with improvements approved as provided in this Declaration. For purposes of
this Section, "excavation" means any disturbance of the surface of the land
which results in a removal of earth, rock, or other substance a depth of more
than Twelve (12) inches below [he natural surface of the land.
9. 10 Signs and Advertising. No sign of any character shall be displayed
or placed upon any Parcel, except signs meeting the following requirements: (i)
one (1) sign per Parcel of not more than four (4) square feet in total area
(per s)de) advertising a Parcel for sale shall be permitted of each Parcel;
(ii) the Declarant shall have the right to place a permanent development sign
within common space adjacent to County Road 17; (ii ) ) until such time as the
Declarant is no longer the Owner or a Parcel within the Property, the Declarant
or ins agents shall have the right to place one (1) or more signs on the
Property, with a maximum size of 48 square feet, offering the Parcels within
the Property for sale; (iv) additional signs may be permitted if approved by
the DRC and follow Weld County Sign regulations as detai ed in Chapter 23 of
the Weld County Code.
9.11 Trash. No trash, ashes, building materials, firewood or other
unsightly items should be thrown, dumped or stored on any land or area within
the Development. Rubbish, refuse, garbage, and other solid, semi-solid and
liquid waste shall be kept within sealed containers, shall not be allowed to
accumulate on any Parcel, and shall be disposed of in a sanitary manner. No
Pareet shall be used or maintained as a dumping ground for any materials,
provided that the foregoing shall net prohibit a properly maintained compost
pile from being located upon a Parcel . All trash containers shall be kept in a
neat, clean and sanitary condition and shalt be stored inside a garage or other
approved structure. No trash, litter or junk shall he permitted to remain
exposed upon any Parcel and visible from adjacent public roads or other
Parcels. There shall be no burning or other disposal of refuse out of doors.
No lumber or other building materials shall be stored or permitted to remain on
any Parcel unless screened from view from other Parcels and public roads except
19
for reasonable storage during construction. No Owner shall be deemed
prohibited from nersona_ly disposing of trash from his or her Parcel.
In order no minimize damage to the common roads, the Association, acting
through its Executive Board, shall have the right to require trash collection
from Parcels be performed by only one (1) company and that the trash shall be
collected from all Parcels by such trash company on the same day of each week.
The Executive Board shall select the trash collection company based upon
competitive bids. The costs of removal of trash and debris from an Owner's
Parcel shall he maid by each Owner directly to the trash collection company and
the Association shall not have the duty to assess the costs of trash collection
as a Common Expense. No Owner shall he deemed prohibited from personally
disposing of trash from Lis or her Parcel.
This Section 9. 11 shaLl not apply to any contractor during the
construction of a Dwelling Unit or other Improvementswithin a Building
Envelope. The contractor may dispose of trash, rubbish, debris and other
construction material from a Parcel either personally or by contracting with a
trash collection company. The trash collection company may remove trash,
rubbish, debris and other construction materials from a 2arcel during the
construction of the Dwelling Unit as often as the contractor deems appropriate
or as required by the Design Review Committee. However, all trash to be removed
from the Development, including trash removed during the period of
construction, shall be subject to such Rules and Regulations as shall be
established from time to time by the Association for the purpose of minimizing
damage to the common roads .
9. 12 Abandoned, Inoperable, or Oversized Vehicles . No abandoned cr
inoperable vehicles of any kind shall be stored or parked on any portion of the
Property, except as provided below. "Abandoned or inoperable vehicle" is
defined as any vehicle which has not been driven under its own propulsion for a
period of seven (7) days or longer; provided, however, this shall not include
vehicles parked by Owners in an approved location while on vacation or residing
away from Lhe Development. All unsightly or oversized vehicles, recreational
vehicles, snow removal equipment, garden maintenance equipment, and all other
oversized or unsightly equipment, machinery or vehicies may not be parked or
stored on the Property except within a residential garage or accessory
structure, if any, approved by the DRC. "Oversized" vehicles, for purposes of
this Section, shall be vehicles, including recreational vehicles, which are too
high to clear the entrance to a customary residential garage.
9.13 Antennas and Satellite Dishes. All external radio antennas,
television antennas, satellite dishes or other external signal receiving
devices shall be installed or erected in such a manner and with appropriate
screening as shall be required by the Design Guidelines . The Design Guidelines
shall encourage the use of screening, unobtrusive placement, planting, painting
and other measures to ensure that the aesthetics of the Development are
protected and to ensure the safety of the installation of any such devices. In
no event shall any satellite dish in excess of one (1) meter in diameter be
permitted within Lhe Development. The Design Review Committee may promulgate
reasonable rules and regulations to regulate the proposed locations and require
screening or painting to minimize visual intrusion of such devices, provided
that no such rules and regulations shall impair dish or antenna reception nor
result in an unreasonable cost or delay in the installation and maintenance of
a satellite dish or antenna.
9. 14 Outside Burning. There shall be no exterior fires, except
barbecues, outside fireplaces and braziers contained within facilities or
receptacles and in areas designated and approved by the Design Review
Committee. Incinerators and incinerator fires are prohibited. No Owner shall
permit any condition upon his or her Parcel which creates a fire hazard or is
in violation of fire prevention regulations.
9. 15 Compliance with Laws. Subject to the rights of reasonable contest,
each Owner shall promptly comply with the provisions of all applicable laws,
20
regulations, ordinances, and other governmental or Quasi-governmental
regulations with respect to all or any portion of the Property.
Without limiting the generality of the foregoing, each Owner shall abide
by any wildlife regulations imposed by any agency or authority having
'urisdiction over the Property. No Owner shall dispose of, or allow any person
under the Owner's control or direction to release, discharge or emit from the
Property or dispose of any material on the Property that is designated as
hazardous or toxic under any federa , state or local law, ordinance or
regulation.
9. 16 Control of Weeds/Mowing. The Owner of each Parcel shall control
Canadian thistle and other noxious weeds upon his or her Parcel by mowing or
applying weed control chemicals prior to maturity of the weeds and the
windborne disbursement of seeds therefrom. The Association shall have the
right to establish reasonable rules and regulations from time to time with
respect to cutting or mowing of grasslands on each Parcel which are reasonably
accessible by tractor or other mowing equipment in order to minimize potential
fire hazards to persons and property within the Development . 1n [he event an
Owner fails to mow or cut His or her grass in accordance with any riles and
regulations established by the Association for the purpose of minimizing tire
hazards, the Association may enter upon such Parcel and cut and/or now grasses
and vegetation and the Association shall be liable to the Association for the
costs and expenses incurred in doing so.
9.i7 Maintenance of Parcels and Improvements. Each Owner shall keep or
cause to be kept all buildings, fences, and other structures located on his or
her Parcel in good repair and shall otherwise comply with the Design
Guidelines. The exterior of all Dwelling Units and any and all appurtenant
structures within the Development shall be maintained in good, attractive
condition by the Owners thereof. All Dwelling Units and appurtenant structures
shall be repainted or restained periodically as needed. The Association may
require an Owner to paint or stain a Dwelling Unit and appurtenant structures,
and upon such Owner' s failure to do so, the Association may cause such action
to be taken, and may assess such Owner for the costs incurred thereby. If any
Owner fails to maintain the exterior surfaces in accordance with the foregoing
requirements, the Association may give the Owner written notice Lo perform such
work within not less than fifteen (15) days, and if the Owner fails to perform
such work within that time, the Association nay have such work done at the
expense of the Owner. if the work is done by the Association at the Owner' s
expense, the Owner shall pay for such work within three (3) days after notice
is given in writing to the Owner as to the cost of such work. if the Owner
fails to pay within that time and if the Association thereafter incurs
reasonable attorneys' fees and costs in collecting such amount from the Owner,
all such attorneys' fees and costs incurred shall likewise he a debt owing by
the Owner tc the Association.
Prior to the start of construction of a Dwelling Unit on each Parcel, the
Association shall have the right to plant and maintain grass on it;
periodically mow such grass and other vegetation; remove any trash or other
debris; and remove snow from any sidewalk on the Parcel. The Association may
charge reasonable fees to the Owners of such vacant Parcels, for such services .
Such services shall he deemed rendered solely to the Owners of each stun' vacant
Parcel and charged to such Owners accordingly. The service charges shall be
based upon actual costs incurred by the Association to perform the services, as
well as an administrative fee; such service charges need not be identical for
the Parcels. Such service charge shall be due upon billing by the Association
and payable within fifteen (15) days of such billing. The Owner shall be
liable for reasonable attorneys' fees and costs incurred by the Association in
collecting such service charge.
9.18 Business Activities. Business, trade or similar activity or any
activity or use which involves an unreasonable number of guests or visitors
upon a Parcel shall he conducted on or from any Parcel without the prior
writ ten Consent of the Association, which Consent may be withheld in the sole
21
discretion of the Association. Notwithstanding any Approval by the
Association, any such activities may be conducted only so long as (I) the
existence or operation of the business activity is appropriately screened from
surrounding properties and the road right-of-way; (ii ) such business shall
conform to all applicable zoning requirements for the Development; (iii ; the
activity does r.oL involves minimal visits to the Parcel by customers, patients,
clients, suppliers or other business invitees or door-to-door solicitation of
residents of the Development; (iv) the business shall be conducted primarily by
the residents of the Dwelling Unit; (v) the activity is consistent with the
residential character of the Development and does not constitute a nuisance, a
hazardous or offensive use or threat to the safety or security of other
residents of Lie Development, which may be determined in the sole discretion of
the Association; and (vi) no retail sales shall be conducted on the Parcel.
The terms "business" and "trade" as used in this Section shall have their
ordinary and generally accepted meanings and shall include, without limitation,
any occupation, work or activity undertaken on an ongoing basis which involves
the provision of goods or services to Persons other than the provider's family
and for which the provider receives a fee, compensation or other form of
consideration, regardless of whether such activity is engaged in full or part-
time, such activity is intended to or does generate a profit or a license is
required.
9.19 Animals . An Owner or tenant of any Parcel may keep animals upon
his or her Parcel for recreational purposes and for use by the immediate family
of such Owner or tenant, subject to the following restrictions and limitations:
(a) No animals may be grazed upon an Owner's Parcel unless the
Parcel, or portion thereof upon which such grazing activities occur, has a
fence installed thereon in accordance with the design criteria acceptable to
the Design Review Committee, which fence shall be sufficient to contain such
animals upon the Owner' s Parcel .
(b) No more than one (1) animal unit per acre not to exceed eight
(R) animal units may be maintained upon the Owner' s Parcel . AninaL units are
described as follows :
Animal Unit Equivalents Number of Animals Equivalent Maximum Number Per Acre
to One Animal Unit
Cattle 1 1 1
Horse 1 1 1
Mule 1 1 1
Burro 1 1 1
Sheep .5 2 2
Goat .5 2 2
Llama .1 10 10
Alpaca .075 13 13
Poultry .04 25 25
Rabbit .04 25 25
(c) Nc domestic elk, buffalo, ostriches, pigs, or other animals
not specifically authorized shall be permitted upon any Parcels within the
Development.
(d) Each Parcel shall be maintained in a clean and sanitary
condition at all times.
(e) All hay and anima_ feed must be stored inside a barn or other
structure approved by the Design Review Committee suitable for such purpose.
(f) No Parcel shall be overgrazed resulting in the destruction of
pasture and excessive dust coeditIons and the character of the Parcel shall not
be changed by the grazing of animals and livestock.
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(g) All permitted animals and livestock shall be cared for in a
humane and k:usbandlike manner.
(h) Corrals and other outbuildings not to exceed a combined
maximum of 15, 000 square feet may be erected and maintained for permitted
annals and livestock. Any barns, indoor arenas, corrals or outbuildings which
are erected upon a Parcel for animals shall be located within a designated
building envelope Sc as not to interfere with the view of other Parcel Owners,
and shall be similar in appearance and color to the Dwelling Unit located on
such Parcel . Al] such structures shall first be approved in writing by the
Design Review Committee.
(i) All permitted animals and livestock shall be tethered or
confined by a fence or corral approved in writing by the Design Review
Committee within an Owner' s Parcel.
(j ) Household pots, such as dogs and cats, shall be permitted on
an Owner's Parcel, provided that said pets shall remain under the control of
their owner at all times by voice control or physical restraint and shall not
be allowed to chase domestic animals, livesLock or wildlife. Household pets
may not be kept, trained, bred or maintained on a Parcel for commercial
purposes without the prior written Consent of the Association, which Consent
may be withheld in the sole discretion of the Association and all relevant
zoning requirements. No more than five (5) adult household pets of one species
or a total of eight (8) household pets of two or more species as determined by
the Executive Board shall be kept on a Parcel. Any offspring of a household
pet over six (6) months of age shall be considered an adult.
(k) Pet runs or other fenced-in areas for the containment of dogs
or other pets shall be permitted upon a Parcel only with the prior written
Approval of the Design Review Committee. In considering whether to approve any
such pot run or other fenced-in areas, the Design Review Committee shall
consider the location, size, concealment, proximity to surrounding structures
and adjacent Parcels, proposed building materials, aesthetic appeal and harmony
of exterior design in relation to surrounding structures.
( l ) No Person owning, keeping or possessing a dog upon a Parcel
shall permit his or her dog to bark and/or howl continuously for a period in
excess of ten (10) minutes between the hours of 10:00 p.m.. and 6:00 a.n. , or
for a period in excess of twenty (20) minutes between the -hours of 6:03 a.m..
and 10:00 p.m. , if such barking or howling is audible at the boundary of Lhe
Parcel upon which such Person resides. Such Person shall he entitled only to
one (1) warning by the Association before being required to remove the dog from
the Parcel cr enclose it in a structure from. which such barking and/or howling
cannot be heard.
The Association may, in its discretion, after considering the number and
type of animals to be kept upon a Parcel, require the Owner thereof to submit
and comply with a livestock management plan Lo be approved by the Association.
9.20 Private Driveways. The private driveway providing access to an
Owner's Dwelling Unit shall be maintained in a good state of repair aL all
times. In the event the Parcel Owner(s) fail to maintain the private driveway,
the Association may enter upon the Parcel and maintain and repair the private
driveway in such condition as it deems appropriate. In the event the
Association shall undertake to maintain and repair the nri_vate driveway due to
the failure of the Parcel Owner (s) to do so, the Parcel Owner (s) shall be
liable to the Association for an Individual Assessment as set forth in this
Declaration. In addition, in the event of a shared private driveway servicing
two (2) cr more Parcels, the Association nay serve as an arbitrator or mediator
with respect to determining and enforcing the maintenance requirements for any
such private driveway upon written recuest of all such Parcel Owners.
The Owner of each Parcel shall install and maintain culverts to wherever
23
private driveways or other personal roadways are constructed within such Parcel
at locations which may interfere with stormwater drainage. All culvert
diameters shall be sufficient to allow for the passage of such storn.water
drainage and shall be maintained in a good state of repair aL all times.
9. 21 Landscaping. Formal landscaping plans will not be required and no
such plans need be submitted to the Design Review Committee. However, all
landscaping shall he maintained in a healthy and sightly condition at all
times.
9.22 No Resubdivlsion. Under no circumstances may any Parcel be further
divided, subdivided or resubdivided without the prior written Consent of the
Association, which Consent may he withheld in the sole discretion of the
Association. However, nothing contained herein shall be construed to prevent an
Owner from combining two (2) or more contiguous Parcels and building only one
(1) Dwelling -,;nit on one (I) of such Parcels. Changes Lc properties legal
boundaries would require compliance with all applicable Weld County regulations
and with all applicable Design Guidelines, including, but not limited to, any
requirements in connection with adjustments to (i) accommodate a larger
Dwelling Unit or: a Parcel; (ii) modify minimum and maximum areas of living area
that may be constructed and (iii) undertake measures necessary to preserve any
easements reserved with respect to the contiguous Parcels. In Lae event two
(2) or more contiguous Parcels are owned by one (1) Owner and developed with
only one (1) Dwelling Unit, such action shall not affect the number of votes or
Assessments allocated to such Parcels . In the event the Owner of such
contiguous Parcels is required by Weld County or any other voverrunental
authority or by Lhe holder of a First Security interest to plat the Parcels in
order to construct Improvements on them, the obligation for Assessments, voting
rights and Allocated Interests set forth herein for the Parcels shall remain
the same as existed immediately prior to such platting.
9.23 Disturbing the Peace. No Person shall disturb, tend to disturb, or
aid in disturbing Lhe peace of others by violent, tumultuous, offensive,
disorderly, or obstreperous conduct, and ne Owner shall knowingly permit such
conduct upon any Parcel owned by such Owner.
9. 24 Noise/Nuisance. No exterior horns, whistles, bells or other sound
devices, except security devices used exclusively to protect the security of
the Property or Improvements, shall be placed or used on any portion of the
Property. No obnoxious or offensive activity shall be carried on within Lhe
Property, nor shall anything be done or permitted which shalt constitute a
public nuisance. No noise or other nuisance shall he permitted to exist or
operate upon the Property so as to he offensive or detrimental to any other
part of the Property or its occupants. No activity which creates a foul or
unpleasant odor as determined by the DRC shall be permitted on any Parcel.
9. 23 Lighting. All exterior lighting et the Improvements and grounds on
the Property shall be illuminated only with downlighting on other similarly
unobtrusive lighting as may be approved by the PRE. The foregoing restriction
shall not prohibit "gas lights" not exceeding one hundred (100) watts located
in front of a Dwelling Unit or security lighting which is triggered by motion,
sound or heat, provided that such lights shall not remain on continuously
during nighttime hours. The purpose of the foregoing prohibition is to
restrict farm-type lighting which is intended to illuminate significant
portions of a Parcel during nighttime hours. Outdoor arena lighting, as may be
approved by the DRC, shall be permitted, but shall not be used between the
hours of 1':00 p.m. and 6: 00 a.m.
9.26 General Practices Prohibited. The following practices are
prohibited within the Development:
9. 26. 1 Removing any rock, plant material, top soil or similar
items from any property of others;
9. 26.2 Careless disposition of cigarettes and other flammable
24
materials; or
9.26.3 Violation of any state, federal, or Local law,
ordinance, rile or regulation.
9.27 Leasing. The Owner of a Parcel shall have the right to lease his
or her Parcel , subject to the following conditions:
9.27 .1 All leases shall be in writing and shall be for a term
of nut less than three (3) months.
9.27.2 Any lease shall be for Lhe entire Dwelling Unit and
related Improvements.
9.27.3 The lease shall be specifically subject to this
Declaration, and any failure of a tenant to comply with this Declaration shall
be a default under the lease.
9.27.4 The Owner shall be liable for any violation of this
Declaration committed by the Owner's tenant, without prejudice to the Owner's
right to collect any sums paid by the Owner on behalf of the tenant.
9.28 Enforcement. The Association, or the Design Review Committee, or
any Parcel Owner, may take such action as it deeps advisable to enforce this
Declaration as provided herein. In addition, the Association and the Design
Review Committee shall have a right of entry on any part cf the Property for
the purposes of enforcing Lhis Article, and any costs incurred by the
Association or the Design Review Committee in connection with such enforcement
which remain unpaid thirty (30) days atter notice of the cost has been given Lc
the Owner shall he subject to interest at the rate of eighteen percent (18%)
per annum from the date of the advance through the date of payment _n full by
the Owner, and shall constitute a lien against such Owner' s Parcel.
9.29 Zoning Regulation. No Parcel shall be occupied or used by or for
any structure or purpose whi_ca is in violation cf the building codes, zoning
resolutions, subdivision regulations or other governmental rules and
regulations applicable to the Development, including the zoning regulations of
Weld County, Colorado. Such governmental restrictions on the use and
construction and erection of improvements upon the Property may be more
restrictive than those set forth in this Declaration and the Declarant makes no
representation that Approval of any use or structure by the Design Review
Committee shall he deemed approved by The appropriate governmental entity.
ARTICLE 10. INSURANCE AND FIDELITY BONDS
10. 1 Authority to Purchase. All insurance policies relating to tine
Common Elements shall be purchased by the Association or its duly authorized
agent. The Executive Board, any manager and the Declarant shall not be liable
for failure Lo obtain any coverage required by this Article 10 or for any loss
or barrage resulting from such failure if such failure is due to the
unavailabiI ity of such coverage from reputable insurance companies, or if such
coverage is available only at demonstrably unreasonable costs . Notwithstanding
Lhe foregoing, if the insurance described in Sections 10.3 and 10. 4, below, is
not reasonably available, or if any policy of such insurance is cancelled or
not renewed without a replacement policy having been obtained, the Association
promptly shall cause notice of that fact to be hand delivered or otherwise
delivered to all Owners.
10.2 General Insurance Provisions. All such insurance coverage obtained
by the Executive Board shall conform to, the following provisions:
10.2. 1 As long as the Declarant owns any Parcel, the Declarant
shall be protected by all such policies in the same manner as any other Owner.
The coverage provided to the Declarant under the insurance policies obtained in
compliance with this Article 10 shall not he deemed to protect or be for the
25
benefit of any general contractor engaged by the Declarant, nor shall such
coverage he deemed to protect the Declarant for (or waive any rights with
respect to) warranty claims against the Declarant as the developer of the
Common Interest Community.
10.2 .2 The deductible, if any, on any insurance policy
purchased by the Executive Board may be treated as a Common Expense payable
from annual Common Expense Assessments or Special Assessments allocable to all
of the Parcels or to only some of the Parcels, if the claims or damages arise
from the negligence of particular Owners (if the repairs benefit only
particular Owners) , or as an item to be paid from working capital reserves
established by the Executive Board. Except as otherwise set forth in this
Article, Lhe maximum deductible amount shall be the lesser of Ten Thousand
Dollars ($10, 000.00) or one percent (1%) of the policy face amount.
10 . 3 Physical Damage Insurance on Common Elements. The Association
shall obtain insurance for all insurable improvements, if any, on Lhe Common
Elements in an amount equal to the full replacement value (i .e. , one hundred
percent 1100%J of the current "replacement cost" exclusive of land, foundation,
excavation, depreciation on personal property, and other items normally
excluded from coverage) , which shall include all building service equipment and
Lhe like, common personal property and supplies, and any fixtures or equipment
within the Common Elements. In addition, such policy shall afford protection
against at least the following:
10.3. 1 Loss or damage by fire and other hazards covered by the
standard extended coverage endorsement with the standard "all—risk" endorsement
covering sprinkler leakage, debris removal, cost of demolition, vandalism,
malicious mischief, windstorm, and water damage.
10.3.2 Such other risks as shall customarily he covered with
respect to projects similar in construction, location and use to the
Development.
In contracting for the insurance coverage obtained pursuant to this
Section above, the Executive Board shall be reouired to make reasonable efforts
to secure coverage which provides the following:
(i) A waiver of any right of the insurer to repair, rebuild or
replace any damage or destruction, if a decision is made pursuant Lo Lhis
Declaration not to do so.
(ii) The following endorsements (or equivalent) : (a) "cost of
demolition; " (b) "contingent liability from operation of building laws or
codes; " (c) "increased cost of construction; " (d) "agreed amount" or
elimination of co-insurance clause; and (e) "inflation guard" (if available) .
Prior to obtaining any policy of physical damage insurance or any renewal
thereof, and at such other intervals as the Executive Board may deem advisable,
Lhe Executive Board shall obtain an appraisal from a general contractor or such
other source as the Executive Board may determine of the Lhen current
replacement cost of the Property (exclusive of the land, excavations,
foundations and other items normally excluded from such coverage) subject to
insurance carried by the Association, without deduction for depreciation, for
the purpose of determining the amount of physical damage insurance to be
secured pursuant to this Article.
10.4 Liability Insurance. The Association shall obtain a comprehensive
policy of commercial general liability insurance (including bodily injury,
libel, slander, false arrest and invasion of privacy coverage) and property
damage insurance with such limits as the Executive Board may from Lime to time
determine, insuring each member of the Executive Board, the Association, the
Manager, each Owner and the respective employees, agents and all Persons acting
as agents of the Association against any liability to the public or the Owners
(and their guests, invitees, tenants, agents, and employees) arising in
26
connection with the ownership, operation, m.ainLenance, or use of the Common
Elements and common roads within the Development and any other areas under the
control of the Association. The Declarant and its officers, directors, agents
and authorized representatives shall be included as additional insureds in
their capacity as an Owner, officer, director, agent or authorized
representative. The Owners shall he included as additional insureds, hut only
for claims and liabilities arising in connection with the ownership, existence,
use or management of the Common Elements.
Such comprehensive policy of public liability insurance shall include the
following:
10.4 .1 Coverage for contractual liability, liability for non-
owned and hired automobiles, and, if applicable, host liquor liability,
employer's liability, and such other risks as shall customarily be covered with
respect to developments similar to the Development in construction, location,
and use.
10.4 .2 A cross liability endorsement under which the rights of
a named insured under the policy shall noL be prejudiced with respect Lo an
action against another insured.
10. 4.3 A "severability of interest" endorsement which shall
preclude the insurer from denying liability coverage to an Owner because of the
negligent acts of the Association or another Owner.
The Executive loard shall review the coverage limits at least once every
two (2) years, hut, generally, the Executive Board shall carry such amounts of
insurance usually required by private institutional mortgage lenders on
projects similar Lo the Development, and in no event shall such coverage be
less than One Million Dollars ($1, 000, 000. 00) for all claims for bodily injury
cr property damage arising out of one (1) occurrence. Reasonable amounts of
"umbrella" liability insurance in excess of the primary limits shall also be
obtained in an amount not less than One Million DoTLars (S1 , 000, 000.00) .
10.5 Fidelity insurance. Fidelity bonds shall be maintained by the
Association to protect against dishonest acts on the part of its officers,
Directors, trustees, and employees, and on Lhe part of all others who handle or
are responsible for handling the funds of or administered by the Association.
In addition, if responsibility for handling funds is de egated to a Manager,
such bonds shall be required for the Manager and its officers, employees, and
agents, as applicable. Such fidelity coverage shall nave the Association as an
obligee and shall be written in such an amount as the Executive Board nay
determine appropriate. Such bonds shall contain waivers by the issuers of all
defenses based upon the exclusion of Persons serving without compensation from
the definition of "employees, " or similar terms or expressions. Such bonds
shall cover tl:e maximum funds that will be in the custody of the Association or
any management agent aL any Lime while the bond is in force.
10.6 Provisions Common to Physical Damage Insurance, Liability
insurance, Fidelity Insurance and Flood Insurance. Any insurance coverage
obtained by the Association under the provisions of this Article above shall be
subject to the following provisions and limitations:
10. 6. 1 The named insured under any such policies shall include
the Declarant, until all of the Parcels in the Development have been conveyed,
and the Association, as attorney-in-fact for the use and benefit of the Owners,
or the authorized representative of the Association (including any trustee with
whom the Association may enter into an insurance trust agreement, or any
successor trustee, each of which is .sometimes referred to in this Declaration
as the "Insurance Trustee") , who shall. have exclusive authority to negotiate
losses under such policies.
10. 6.2 Each Owner shall be an insured person with respect to
liani_iity arising out of the Owner's interest in the Common Elements or
27
membership in the Association.
1C. 6.3 in no event shall the insurance coverage obtained and
maintained pursuant to this Article be brought into contribution with insurance
purchased by the Owners or the holders of their Security Interests.
10. 6. 4 The policies shall provide that coverage shall not be
prejudiced by (i) any act or neglect of any Owner (including an Owner's family,
tenants, servants, agents, invitees, and guests) when such act or neglect is
not within the control of the Association, or (i_) any act or neglect or
failure of the Association Lo comply with any warranty or condition with regard
to any portion of the Property over which the Association has no control ; or
(iii : ) conduct of any kind on The part of an Owner (including the Owner's
family, tenants, servants, agents and guests) or any Director, officer,
employer, or manager of the Association, without prior demand to the
Association and a reasonable opportunity to cure Lhe matter.
10. 6.5 The policies shall contain The standard mortgagee
clause commonly accepted by private institutional mortgage investors in the
area in which Lhe Property is located, and provide that coverage may nut be
cancelled in the middle or aL Lhe end of any policy year cr other period of
coverage or substantially modified or reduced (including cancellation for
nonpayment of premiums) without at least thirty (30) days ' prior written notice
mailed to the Association and to each Owner and holder of a Security Interest
Lo whom a certificate or memorandum of insurance has been issued, at their
respective last known addresses.
10. 6. 6 The poLicies shall contain a waiver by the insurer of
any right to claim by way of subrogation against the Declarant, the Executive
Board, the Association, the manager, and any Owner and their respective agents,
employees, or tenants, and in the case of Owners, members of their households,
and of any defenses based upon co-insurance.
10. 6. / The Policies described in Sections 10 .3 and 10.4,
above, shall provide that any "no other insurance" clause shall expressly
exclude individual Owners' policies from its operation so that the physical
damage policy or policies purchased by the Association shall be deemed primary
coverage, and any individual owners' policies stall be deemed excess coverage.
10.7 Personal Liability Insurance of Officers and Directors. To tie
extent obtainable at reasonable cost, appropriate officers' and directors'
personal liability insurance shall he obtained by the Association to protect
Lhe officers and directors from personal liability in relation to their duties
and responsibilities in acting as such officers and Directors on behalf of the
Association.
13. 8 Workmen's Compensation Insurance. The Association shall obtain
workmen' s compensation or similar insurance with respect to its employees, if
any, in the amounts and forms as may now or hereafter be required by law.
10. 9 Other Insurance. The Association may obtain insurance against such
other risks, of a similar or dissimilar nature, as it deems appropriate with
respect Lo the Association's responsibilities and duties.
10. 10 Tnsurance Obtained by Owners. Each Owner shall have the right to
obtain insurance for such Owner' s benefit, at such Owner's expense, covering
the Owner's personal property and personal liability (except to the extent any
Owner's Parcel is encumbered by an easement conveyed to the Association as
Common Element) . In addition, each Owner may obtain such other and additional
insurance coverage on and in relation to his or her Parcel as such Owner
concludes to be desirable; provided, however, that no insurance coverage
obtained by an Owner shall operate to decrease the amount which the Executive
Board, on behalf of all Owners, may realize under any policy maintained by the
Executive Board or otherwise affect any insurance coverage obtained by the
P.ssoei ati_on or cause the diminution or termination of that coverage. Any such
28
insurance obtained by an Owner shall include a waiver of the particular
insurance company' s right of subrogation against the Association and other
Owners. Each Owner may obtain such insurance coverage on and in relation Lo
his or her Parcel or Dwelling Unit as such Owner concludes Lo be desirable.
Neither Declarant nor the Association shall be required to maintain insurance
for any Owner or with respect to any Parcel or Dwelling :nit.
ARTICLE 11. CONDEMNATION
11. 1 Sights of Owners. Whenever all or any part of the Common Elements
shall be taken cr conveyed in lieu of and under threat of condemnation by any
authority having the power of condemnation or eminent domain, each Owner shall
be entitled to notice of the taking, but the Association shall act as attorney-
in-fact for all Owners in the proceedings incident to the condemnation
proceeding, unless otherwise prohibited by law.
11 .2 Partial Condemnation; Distribution of Award; Reconstruction. The
award made for such taking shall be payable to the Association as trustee for
all Owners to be disbursed as follows:
If the taking involves a portion of Lhe Common Elements on which
improvements nave been constructed, then, unless, within sixty (60) days after
such taking, Owners representing at least sixty-seven percent (67%) of the
votes in the Association, including, during the Period of Declarant Control,
the vote of the Declarant, shall otherwise agree, the Association shall restore
or replace such improvements so Laken on the remaining land included in the
Common Elements to the extent lands are available therefor, in accordance with
plans approved by the Executive Roard, the Design Review Committee and any
other authority having jurisdiction in such matters . If the taking does not
involve any improvements on the Common Elements, or if there is a decision made
not to repair or restore, or if there are net funds remaining after any such
restoration or replacement is completed, then such award or net funds shall be
distributed on Lhe basis of Lhe Common Expenses allocated to the Owners under
this Declaration, first to the hoLders of Security Interests and then to the
Owners, as their interests appear.
11.3 Complete Condemnation. If all of the Development is taken,
condemned, sold, or otherwise disposed of in lieu of or in avoidance of
condemnation, then the regime created by this Declaration shall terminate, and
the portion of the condemnation award attributable to the Common Elements shall
be distributed as provided in Section 11 .2, above.
ARTICLE 12. FIRST SECURITY INTEREST PROTECTIONS
12. 1 Special Rights of First Security Interests. Any holder of a First
Security Interest encumbering any Parcel , upon filing a written recuest
therefor with the Association, shall be entitled to (a) written notice from the
Association of any default by the mortgagor of such Parcel in the performance
of the mortgagor's obligations under this Declaration, the Articles of
Incorporation, the Rylaws or the Rules and Regulations, which default is not
cured within sixty (60) days after the Association :earns of such default;
(b) examine the books and records of the Association during normal business
hours; (c) receive a copy of financial statements of the Association, including
any annual audited financial statement; (d) receive written notice of all
meetings of the Executive 3oard or Members of the Association; (e) receive
written notice of abandonment or termination of the Association; (f) receive
thirty (30) days' written notice prior tc -he effective date of any proposed,
material amendment to this Declaration, the Articles of Incorporation, or the
Bylaws; and (q) receive thirty (30) days ' written notice prior to the effective
sate of termination of any agreement for professional management of the
Association or the Common Elements following a decision of the Association to
assume self-management of the Common Elements.
12.2 First Security Interest Right to Pay Taxes, Rental and Insurance
Premiums. Any one (1) or more First Security Interests, jointly or singly,
29
shall be entitled to pay (a) any taxes or other charges which arc in default
and which may or have become a lien against any of the Common Elements; or
(b) any overdue premiums on hazard insurance policies or, if such policies are
cancelled, secure new hazard insurance coverage for the Common Elements or
Parcels, and the First Security Interests making such payments shall be
entitled to immediate reimbursement therefor from the Association.
12.3 Association Right tc Security Interest Information. Each Parcel
Owner hereby authorizes any First Security Interest holding a Security Interest
on such Owner's Parcel to furnish information to the Association concerning the
status of such First Security Interest and the loan which it secures.
ARTICLE 13. ENFORCEMENT OF COVENANTS
13. 1 Violations Deemed a Nuisance. Every violation of this Declaration
is deemed to be a nuisance and is sub lent to all the remedies provided for the
abatement or correction of the violation. In addition, all public and private
remedies allowed at law or in equity against anyone in violation of this
Declaration shall be available.
13.2 Compliance. Each Owner or other occupant of any part of the
Property shall comply with the provisions of this Declaration as the same may
be amended from time to time.
13.3 Failure to Comply. Failure to comply with this Declaration shall
he grounds for an action Lo recover damages or for injunctive relief to cause
any such violation to be remedied, or both.
13.4 Who May Enforce. Any action to enforce the Documents may be
brought by the Declarant, the Association or the Design Review Committee in Lhe
name of and on behalf of the Association or of the Owners. Tt, after a written
request from an aggrieved Owner, none of the foregoing persons or entities
commences an action to enforce this Declaration, then the aggrieved Owner may
bring such an action.
13.5 Remedies. In addition to the remedies set forth above in this
Article, any violation of this Declaration shall give to the Executive Board,
the Association, the Design Review Committee or the Declarant, on behalf of the
Owners, the right to enter upon the offending premises or take appropriate
peaceful action to abate, remove, modify, or replace, aL the expense of the
offending Owner, any structure, thing or condition that may exist thereon
contrary to the interest of the Owners and the meaning of this Declaration.
Any such cure shall be at the expense of the Owner or other person responsible
for the offending condition.
13. 6 Nonexclusive Remedies. All the remedies set forth herein are
cumulative and not exclusive.
13. 7 No Waiver. The failure of the Executive Board, the Association,
the Declarant, the Design Review Committee, or any aggrieved Owner to enforce
this Declaration shall not he deemed a waiver of Lhe right to do so for any
subsequent violations or of the right to enforce any other part of this
Declaration at any future time.
_3. 8 No Liability. Neither the Executive Hoard, the Association, the
Declarant, the Design Review Committee, or any Owner shall be liable to any
other Owner for the failure to enforce any of this Declaration aL any Lime.
13. 9 Recovery of Coss. If legal assistance is obtained to enforce any
of the provisions of this Declaration, or in any legal proceeding (whether or
not suit is brought) for damages or for the enforcement of this Declaration or
the restraint of violations of this Declaration, the prevailing party shall be
entitled to recover all costs incurred by it in such action, including
reasonable attorneys' fees (and legal assistants ' tees) as may he incurred, or
if suit is brought, as may be determined by the court.
30
ARTICLE 14. DURATION OF THESE COVENANTS AND AMENDMENT
14 .1 Term. This Declaration" and any amendments or supplements hereto
shall remain In effect from Lhe date of recordation until the twenty-first
(21s_.) anniversary of the date This Declaration is first recorded in Lhe office
of the Clerk and Recorder of Larirrer County, Colorado. Thereafter, this
Declaration shall he automatically extended for successive periods of ten (1C)
years each, unless otherwise terminated or modified as provided below.
14 .2 Amendment. Except as otherwise provided in tl:is Article 14, this
Declaration, or any Provision of it, may be terminated, extended, modified, or
amended, or revoked as to the whole or any portion of the Property, upon the
written consent of Owners representing ownership of seventy-five percent (75%)
or more of the Parcels. Amendments made pursuant to this Section shall inure
to the benefit of and be binding upon all Owners of any part of the Property,
their tamily, tenants, guests, invitees, and employees, and their respective
heirs, successors, and assigns.
14 .3 Requirement for Declarant's Approval Generally. Notwithstanding
the provisions of Section 14 .2, (i) no termination, extension, modification,
amendment or restatement of this Declaration nay be made during the Period of
Declarant Control without the Declarant's written consent; and (ii) no
termination, extension, modification, amendment or restatement of this
Declaration may be made during the Period of Declarant Control affecting
(a) the right of the Declarant Lo appoint the Design Review Committee, (b) any
right expressly reserved to the Declarant under this Declaration or (c) the
protection of the Declarant 's rights under Lhis Article 14, without the
Declarant's written consent.
14 .4 Notice of Amendment. No amendment or revocation of this
Declaration shall be effective unless a written notice of the proposed
amendment is sent to every Owner reasonably in advance of any action taken or
purported to be taken and such Owner has been given the opportunity to vote or
give his or her consent thereto.
14 .5 Effective on Recording. Any modification, amendment or revocation
shall be immediately effectiveupon recording with the Clerk and Recorder of
Weld County, Colorado, a copy of such amendment, modification, or revocation
executed and acknowledged by the necessary number of Owners (and by the
Declarant, as required) .
ARTICLE 15. MISCELLANEOUS PROVISIONS
15. 1 Severability. This Declaration, to the extent possible, shall he
construed or reformed so as to give validity tc all of its provisions. Any
provision of This Declaration found to be prohibited by law or unenforceable
shall be ineffective Lo the extent of such prohibition or unerforceability
without invalidating any other part hereof.
15.2 Construction. In interpreting words in Lhis Declaration, unless
the context shall otherwise provide or require, the sngular shall include the
plural , the plural shall include the singular, and the use of any gender shall
include all genders.
15.3 Headings. The headings are included only for Purposes of
convenient reference, and they shall not affect the meaning or interpretation
of this Declaration.
15. 4 Waiver. No failure on the part of any party to give notice of
default or to exercise or to delay in exercising any right or remedy shall
operate as a waiver. No waiver shall be effective unless iL Is in writing and
signed by the party against whom such waiver is sought to be enforced.
15 .5 Notices. Notice of matters affecting the Common Interest Community
31
may be given ro Parcel Owners by the Association or by other Parcel Owners in
the following manner: Notice shall be hand delivered or sent by United States
mail, postage prepaid, to the mailing address of each Parcel or to any other
mailing address designated in writing by the Parcel Owner to the Association.
Such notice shall be deemed given when hand delivered or when deposited in the
United States mail, postage prepaid.
1h. 6 Limitation of Liability. Neither the Association nor any officer
or member of the Executive Board shall be liable to any party for any action or
for any failure to act with respect to any matter arising by, through or under
the Documents if the action or failure to act was made in good faith. The
Association shall indemnify all of the officers and Executive Board members
with respect to any act taken in their official capacity to the extent provided
in this Declaration and by law and in the Articles of Incorporation and Bylaws.
15. 7 Conflicts Between Documents. 1n case of conflict between this
Declaration and the Articles of Incorporation or the Bylaws, this Declaration
shall control . Tn case of conflict between the Articles of Incorporation and
the Bylaws, the Articles of Incorporation shall control.
Name
a Colorado Corporation
By:
NAME, President
STATE OF COLORADO
) ss.
COUNTY OF WELD )
The foregoing instrument was acknowledged before Me this day of
September, 2003, by NAME as President of NAME, INC. , a Colorado Corporation.
WITNESS my hand and official seal.
My commission expires:
Notary Public
32
APPROVAL, RA'TIFICA'TION AND CONFIRMATION
The undersigned, having a security interesL in the real properLy
described on Exhibit "A" attached hereto and incorporated herein by reference,
hereby approves, ratifies, confirms and consents Lo the foregoing Declaration
of Covenants, Conditions, Restrictions and Easements for Panorama Estates.
TN WITNESS WHEREOF, the undersigned has caused its name to be hereunto
subscribed by its Manager this day of September, 2003.
NAME BANK,
By:
STATE OF COLORADO
ss.
COUNTY OF WELD
The foregoing instrument was acknowledged before me this day of
September, 2003, by as
of NAME BANK.
WITNESS my hand and official seal.
My commission expires:
Notary Public
33
EXHIBIT "A" ATTACHED TO ANC MADE A PART OF THE, DECLARATTON OF COVENANTS,
CONDITIONS, RESTRICTIONS AND EASEMENTS FOR PANORAMA ESTATES.
Legal Description of the Property
EXHIBIT_ "B" ATTACHED TO AND MADE A PART Of THE DECLARATION OF COVENANTS,
CONDITIONS, RESTRICTIONS AND RASEM1NTS NOR PANORAMA ESTATES.
Site Plan
Page 1 of 2
Sheri Lockman
From: "Lucero,Michael R-Denver,CO"<michael.r.lucero@usps.gov>
Date: Wednesday,February 19,2014 11:04 AM
To: "Sheri Lockman"<sherilockman@what-wire.com>
Subject: RE: Location of postal boxes
Yes placement of the cluster box is fine.
Sorry real busy.
Mike Lucero (Postmaster)
Fort Lupton Post Office
533 4th Street
Fort Lupton CO 80621-9998
303-857-4734
303-857-2019
303-857-4127 Fax
From: Sheri Lockman [mailto:sherilockman@what-wire.com]
Sent: Tuesday, February 18, 2014 10:31 AM
To: Lucero, Michael R- Denver, CO
Subject: Fw: Location of postal boxes
From: Sheri Lockman
Sent: Monday, February 10, 2014 2:05 PM
To: Lucero, Michael R - Denver, CO
Subject: Re: Location of postal boxes
Michael,
I tried to answer your questions as best I could. If I have not satisfied your concerns please let me
know. Weld County requires that we submit evidence of your approval of our proposed location and
that we have met any other requirements you may have.
Sheri Lockman
Lockman Land consulting, LLC
From: Lucero, Michael R - Denver, CO
Sent: Monday, February 10, 2014 1:28 PM
To: Sheri Lockman
Subject: RE: Location of postal boxes
Can you tell me what the addresses will be and how many there will be? 16 ?
It is hard to read the small print on the attachment. Where is the entrance? Off of what County Road?
2/19/2014
Page 2 of 2
Weld County Planning assigns addresses. Have you called them. 1-970-353-6100.
Once address are assigned and verified then we can meet on the placement of the Cluster Boxes.
Yes the Cluster Boxes need to be placed at the entrance to the subdivision.
Has your company or the builder placed cluster boxes before?
Are the cluster boxes going to have a covering?
Thank you
Mike Lucero (Postmaster)
Fort Lupton Post Office
533 4th Street
Fort Lupton CO 80621-9998
303-857-4734
303-857-2019
303-857-4127 Fax#
From: Sheri Lockman [maillo:sherilockmantiwhal-wire.com]
Sent: Monday, February 10, 2014 1:10 PM
To: Lucero, Michael R - Denver, CO
Subject: Location of postal boxes
Mr. Lucero,
I have been asked to submit evidence that the Postal Service has reviewed the placement of the post boxes
within our proposed subdivision. I have attached a plat for you. I spoke to someone in your office in August who
directed me to place a cluster toward the front, preferably on the left side, of the interior road.The boxes will be
purchased from Cage Specialties or a comparable brand.
If you have any additional conditions that we need to meet please let me know. Thank you for your help.
Sheri Lockman
Lockman Land Consulting, LLC
36509 CR 41
Eaton, C O 80615
970-381-0526
2/19/2014
Page 1 of 1
Sheri Lockman
From: "Sheri Lockman"<sherilockman@what-wire.com>
Date: Wednesday, January 15,2014 2:16 PM
To: "Sheila S.Frazier"<sheila.frazier@encana.com>
Subject: Panorama Estates
Ms. Frazier,
I have contacted you multiple times in the past year regarding Panorama Estates Planned Unit Development.
The subdivision is located in part of the N2 SE4 Section 8,T2N, Range 67 West of the 6th P.M. in Weld County,
Colorado.
When we last spoke you indicated the following concerns:
1. The gas flow lines and pipelines that have been identified could cause a problem with any planned
building units.
We believe that any issues can be resolved with easements and building envelopes.
2. Accesses to well sites do not reflect curb cuts.
Future plats will show curb cuts.
3. Property lines are running through the oil and gas well site. In the event you would need additional
permits from the COGCC you would be required to obtain waivers from all landowners with a property
line within 150' of your wells.
The requirement that you obtain waivers is not within our control. You had indicated that until Encanna
legal council gives further direction regarding this new State regulation you will be objecting to all
subdivisions.
Please let us know if we have addressed those concerns that are within our control to your satisfaction. If you
have received further direction from your legal council regarding obtaining waivers please let us know.
We are very willing to discuss any further concerns you may have. Thank you for your consideration.
Sheri Lockman
Lockman Land Consulting, LLC
36509 CR41
Eaton, CO 80615
970-381-0526
2/10/2014
Page 1 of 5
Sheri Lockman
From: "Frazier,Sheila S."<Sheila.Frazier@encana.com>
Date: Wednesday,October 09,2013 1:51 PM
To: "'Sheri Lockman'<sherilockman@what-wire.com>
Attach: TT-Goddard Option 2 10 4 13.pdf
Subject: RE:N2SE Section 8 T2N-R67W
Sheri
I have made comments to the plat you sent over. Concerns I have are as follows:
• The gas flow lines and pipelines that have been identified could cause a problem with any planned building units. One
possible solution is to have them moved, it could be quite expensive.
• Lot 11&12 property lines are running through the oil and gas well site. In the event we would need additional permits
from the COGCC we would be required to obtain waivers from all landowners with a property line within 150' of our
wells. This would be a major problem for us.
• Lots 7 and 9 property lines are cutting through the existing well site,same issue as above.
• Access to our well site within Lots 7&9 does not reflect curb cut.
• Access to our well site in Lot 11 does not reflect curb cut.
I have also made note that Kerr McGee is in the process of permitting 2 major horizontal well locations and facilities directly
north of your development.
Let me know if you would like to discuss further.
Thanks
Sheila Frazier,CPL
Land Negotiator DJ Basin
720.876.3440 wk
720.876.4440 fax
303.242.9449 cell
sheila.frazier@encana.com
`Please note Encana's offices are closed the first and third Friday of each month.
From: Sheri Lockman [mailto:sherilockman@what-wire.com]
Sent: Wednesday, October 09, 2013 11:20 AM
To: Frazier,Sheila S.
Subject: Re: N2SE Section 8 T2N-R67W
Good afternoon,
I contacted you about a property that we are trying to subdivide back in June. I have attached the old emails to
help you remember our conversations. We have gotten to the point where we would like to submit the
application to Weld County. First we wanted you to take a look at the proposed plat and see if you have any
issues that we have not addressed. The only change that may be made before submittal is the access along
County Road 17 may be moved to the south property line. Thank you for your help to insure this project
doesn't have any setbacks.
Sheri Lockman
Lockman Land Consulting, LLC
36509 CR 41
Eaton, CO 80615
970-381-0526
2/10/2014
Page 2 of 5
From: Frazier, Sheila S.
Sent: Wednesday,June 19, 2013 11:12 AM
To: 'Sheri Lockman'
Subject: RE: N2SE Section 8 T2N-R67W
Sheri;
The purple lines denote that the well was drilled directionally. The surface location is the yellow circle and the bottom
hole is the pink dot. The wellbore is over 5000'below the surface,so this would not have any impact on your
development. What you will need to confirm is the flowlines that exist between the wells and the tank battery and the
main gathering lines.
Any flow lines that exist would need to be flagged with a line locate. You can call 811 to schedule the line locates.
Sheila Frazier,CPL
Land Negotiator DJ Basin
720.876.3440 wk
720.876.4440 fax
303.242.9449 cell
shella.frazier@encana.com
'Please note Encana's offices are closed the first and third Friday of each month.
From: Sheri Lockman [inalltoaheriluckmanryw;hal-vitro.cgni]
Sent: Wednesday,June 19, 2013 7:13 AM
To: Frazier, Sheila S.
Subject: Re: N2SE Section 8 T2N-R67W
Good morning Sheila,
Sorry to bother you again but we have one more question. Your original map showed purple lines. Are
those underground pipes? Are there any underground pipes?We are meeting tomorrow to decide if
we want to go forward with the project.
Thanks again,
Sheri Lockman
Lockman Land Consulting, LLC
36509 CR 41
Eaton, CO 80615
From: Frazier, Sheila S.
Sent: Tuesday,June 11, 2013 9:13 AM
To: 'Sheri Lockman'
Cc: Frazier, Sheila S.
Subject: RE: N2SE Section 8 T2N-R67W
I am back from vacation,thank you for your patience.
Attached is the tract breakdown of the 5E/4 Section 8. This information is from January 2012,so any changes in
ownership will not be reflected after that date.
Encana holds 100%of the leasehold estate. It appears that Kerr McGee owns 2/3 of the mineral interest.
You should be able to obtain the addresses of all mineral owners from the Weld County Assessor.
Additionally, I have attached our shell Compatible Agreement for your review.
Thanks
2/10/2014
Page 3 of 5
Sheila Frazier,CPL
Land Negotiator DJ Basin
720.876.3440 wk
720.876.4440 fax
303.242.9449 cell
sheila.frazier@encana.com
`Please note Encana's offices are closed the first and third Friday of each month.
From: Sheri Lockman [nniiloahci9loc.annnc_•whof ovim.com]
Sent: Friday, May 31, 2013 8:46 AM
To: Frazier,Sheila S.
Subject: Fw: N2SE Section 8 T2N-R67W
Sheila,
I was just wondering if you had a chance to look into my last email?
Sheri Lockman
Lockman Land Consulting, LLC
36509 CR 41
Eaton,CO 80615
970-381-0526
From: Sheri Lockman
Sent:Thursday, May 23, 2013 2:07 PM
To: sheila.frazier(a�encana.com
Subject: Re: N2SE Section 8 T2N-R67W
Good afternoon Sheila,
I met with the gentlemen who wish to subdivide the property yesterday and they had some
additional questions. Are there any lines located on the site(is that the purple lines)? Do you
hold lease to the entire site? Do you know who the owners of the mineral rights are and have
their information that we could have for notification purposes?And last, do you have a shell
agreement that you use?
Thank you again for your help.
Sheri Lockman
Lockman Land Consulting, LLC
36509 CR 41
Eaton,CO 80615
970-381-0526
From: Sheri Lockman
Sent:Tuesday, May 14, 2013 2:40 PM
To: Frazier, Sheila S.
Subject: Re: N2SE Section 8 T2N-R67W
Thank you Sheila. I will be in touch with you again as we get further into the development of the
property.
Sheri Lockman
2/10/2014
Page 4 of 5
Lockman Land Consulting, LLC
36509 CR 41
Eaton, CO 80615
970-381-0526
From: Frazier, Sheila S.
Sent: Tuesday, May 14,2013 2:29 PM
To: sherilockman@what-wire.com
Cc: Frazier, Sheila S.
Subject: N2SE Section 8 T2N-R67W
Sheri,
I have attached a plat which outlines the wells that now exist on these lands. The red circle depicts the
necessary setbacks that are required for our oil and gas operations. The green dashed lines indicate the
current access to these wellsites. Encana would require a Compatible Development Agreement that
takes into consideration the needs of the development as well as the existing and any future well
development.
In the event your development would cause our current access to be changed,we would require a new
access agreement that is agreed to by both parties.
Let me know if you would like to meet and discuss.
Regards,
Sheila Frazier,CPL
Land Negotiator DJ Basin
720.876.3440 wk
720.876.4440 fax
303.242.9449 cell
sheila.frazler@encana.com
'Please note Encono's offices ore closed the first and third Friday of each month.
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