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HomeMy WebLinkAbout1.0 ApplicationRECE!V F Garfield County SEP 0 6 2013 Community Development Department 108 8`h Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.garfield-countv.com GARFIELD COUNTY :)MMUNITY DEVELOPMENT LAND USE CHANGE PERMIT APPLICATION FORM TYPE OF APPLICATION Administrative Review ❑ Limited Impact Review ❑ Major Impact Review ❑ Amendments to an Approved LUCP ❑ LIR MIR ❑ SUP ❑ Development in 100 -Year Floodplain ❑ Development in 100 -Year Floodplain Variance O Code Text Amendment O Minor Temporary Housing Facility O Vacation of a County Road/Public ROW ❑ Location and Extent Review ❑ Comprehensive Plan Amendment ❑ Major ❑ Minor ❑ Pipeline Development 0 ❑ Rezoning ❑ Zone District❑ PUD ' PUD Amendment ❑ Administrative Interpretation ❑ Appeal of Administrative Interpretation ❑ Areas and Activities of State Interest O Accommodation Pursuant to Fair Housing Act ❑ Variance Time Extension (also check type of original application) INVOLVED PARTIES Owner/Applicant Name: Una Development LLCPhone: ( 070 ) 625-0777 Mailing Address: P.O. Box 809 City: Silt State: CO Zip Code: 81652 E-mail: george@strongbuiltlogandlbr.com Representative (Authorization Required) Name: Karl J. Hanlon, Esq. Phone: (970 ) 945-2261 Mailing Address: P.O. Drawer 2030 City: Glenwood Springs State: CO zip Code: 81602 E-mail: kjh@mountainlawfirm.com PROJECT NAME AND LOCATION Project Name: Strong Planned Unit Developement Assessor's Parcel Number: 2409-273-10 _ 001 _ thru _ 006 Physical/Street Address: Bud's Way and County Road 300, Parachute, Colorado Legal Description: SEI/4 Section 27, Township 7 South, Range 96 West, 6th PM Zone District: PUD (RS) Property Size (acres): 17.572 PROJECT DESCRIPTION Existing Use: PUD Proposed Use (From Use Table 3-403): Description of Project: PUD minor amendment. See attached letter. REQUEST FOR WAIVERS Submission Requirements ❑ The Applicant requesting a Waiver of Submission Requirements per Section 4-202. List: Section: Section: Section: Section: Waiver of Standards ❑ The Applicant is requesting a Waiver of Standards per Section 4-118. List: Section: Section: Section: Section: I have read the statements above and have provided the required attached information which is correct and acc r. = o the best of my knowledge. Signatur- • f Property Owner Date OFFICIAL USE ONLY File Number.RVA - n Cj.2,. Fee Paid: $ •in pawn& Rit1011hi4l111141 1 i0 IMit 111111 Recept S anile : 807610 0813012071 03:35:27 PM Jean filberteo of i Rec Fee:517.00 Doc Fee:0.00 GQRFTELD COUNTY CO STATEMENT OF AUTHORITY 1. This statement of Authority relates to an entity named: UNA Development, LLC a Colorado limited liability company 2. The type of entity is a: Limited Liability Company 3. The entity is formed under the laws of The State of Colorado 4. The mailing address for the entity is: P.O. Box 809, Silt CO 81652 5. The name and position of the person authorized to execute instruments conveying, encumbering, or otherwise affecting title to real property on behalf of the entity is: George Strong, Manager 6. (Optional) The authority of the foregoing person to bind the entity is not limited. 7. (Optional) Other matters concerning the manner in which the entity deals with interests in real property: 8. This statement of Authority is executed on behalf of the entity pursuant to the provisions of Section 38-30-172, C.R.S. Executed this o?i day of August, 2011 UNA Development, LLC a Colorado l'mited 1' • ility company By: Its: Ara eorge • ong anager State of Colorado ) ss. County of Garfield The foregoing instrument was acknowledged before me this26th day of August, 2011 by George Strong; Manager of UNA Development, LLC a Colorado Limited Liability Company. Witness my hand and official seal. My Commission Expires: DF NNA CONWELL NOTARY PUBLIC STATE OF COLORADO My Commission Expires 0 912 712 01 3 File No.: 1108002 Return to: UNA Development, LLC P.O. Box 809 Silt, CO 81652 Notary Public 111111r.6,211/0:114KNEldWelliiiilAtliliii 11111 Reception#: 803672 06l09I20f1 09:62:33 AM Jean F?lberioo of 2 Rac Fee:$16.00 Doc Fee:0.00 GRRFIELD COUNTY CO CORRECTION SPECIAL WARRANTY DEED THIS CORRECTION SPECIAL WARRANTY DEED made on this 3 day of (Y' , 2011, between GEORGE STRONG and LESLIE STRONG, whose address is 0195 Panoramic Drive, P. O. Box 809, Silt, CO 81652 (hereinafter "Grantors"), and UNA DEVELOPMENT, LLC, a Colorado limited liability company, whose legal address is 0195 Panoramic Drive, P. O. Box 809, Silt, CO 81652 (hereinafter "Grantee"), in order to correct a scrivener's error in the original Special Warranty Deed recorded at Reception No. 792945: WITNESSETH, that the Grantor, for and in consideration of the sum of ten dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by Grantor, has sold and conveyed, and by these presents does hereby sell and convey unto the Grantee, its successors and assigns, forever, the following real property in the County of Garfield, State of Colorado, to wit (the "Property") described on Exhibit A attached hereto and incorporated herein by this reference. TOGERTHER WITH all improvements, easements and appurtenances thereto belonging or in any way appertaining, and all the estate, right, title, interest, claim and demand whatsoever of Grantor, either in law or in equity, of, in and to the Property. GRANTOR does covenant and agree to and with Grantee to warrant and defend title to the Property and the quiet and peaceful possession of the Grantee, its successors and assigns, against all and every person or persons claiming the whole or any part thereof by, through or under Grantor, subject to all real property taxes and assessments for the year in which the deed is dated, and all of the covenants, conditions, restrictions, and easements of record. THIS DEED is dated as of the day and year first written above. STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD ) Strong. Acknowledged before me this —3 day of 0\a/ WITNESS my hand and official seal. My Commission expires: j.1 a ©11 {SEAL} , 2011, by George Strong and Leslie vrf & Lea, grk.42----1 Notary Public 411 VIII liri'i NnI#k 1st Yrlektil Reception#: 803672 06!0912011 09:62:33 Aft Jean Alberion 2 of 2 Rec Fee:$16.00 Doo Fee:0.00 GARFIELD COUNTY CO PROPERTY DESCRIPTION -- STRONG SUBDIVISION AND PUD SU/WC:), S'l'i.'icCs, .Ilic. A PARCEL OF LAND LOCATED IN THE SW114SW114 OF SECTION 27, TOWNSHIP 7 SOUTH, RANGE 96 WEST OF THE 6TH P.M., GAR.FIELD COUNTY, COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE CORNER FOR SECTIONS 27,28,33 AND 34; THENCE ALONO THE WEST LINE OF THE SWI/4SWIl4 OF SAID SECTION 27, NO1°57'23"W 157.98 FEET TO THE RIGHT OF WAY FOR. THE DENVER RIO GRANDE WESTERN RAILROAD; THENCE ALONG SAID RIGHT-OF-WAY, N55°29`20"E 1544.32 FEET ID TI3E EAST LINE OF THE SW 1I4SW 1I4 OF SAID SECTION 27; THENCE ALONG THE SAID EAST LINE, SO1°43'44"E 102122 FEET TO THE WEST 1/16 CORNER BETWEEN SAID SECTION 27 AND SECTION 34; THENCE ALONG THE SOUTH LINE OF THE SW1/4SW114 SAID SECTION 27, S89°27'37" 'W' 1297.94 FEET TO THE POINT OF BEGINNING, CONTAINING 17.572 ACRES, MORE OR LESS., 136 East Third Street • Rifk, Colorado 81650 Tel 97016254330 + ). 970/625-2773 EXHIBIT A ■Ill I '1iN5i4Millf YlillOtlel'OR frQM14.1ti 11111 Receptient#: 007511 08!30!2011 03:35:27 PM dean Rlbmrico 1 of 1 Ran Fee:511.00 Doc Fee:44.55 GARFIELD COUNTY CO Recorded at o'clock M. Reception No. Recorder. WARRANTY DEED THIS DEED, made on August 26, 2011 Between UNA Development, LLC, a Colorado Limited Liability Company of the County of Garfield, and State of CO, grantor, and Hayden Investments, LLC, a Colorado limited liability company whose legal address is : P.O. Box 100, Palisade, CO, 81526 of the County of Mesa and State of CO, grantee: WITNESSETH, That the grantor for and in consideration of the sum of 5445,500.00 DOLLARS, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell and convey and confirm unto the grantee, its successors and assigns forever, all the real property together with improvements, if any, situate, lying and being in the County of Garfield and State of Colorado described as follows: Lot 4 Strong Subdivision and Planned Unit Development, according to the plat for Strong Subdivision PIanned Unit Development recorded October 13, 2010 as Reception No. 792946 of the real estate records of Garfield County, Colorado and subject to the Declaration for Strong Subdivision P.U.D. recorded October 13, 2010 as Reception No. 792948 of the real estate records of Garfield County, Colorado. as known by street and number as: TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor either in law or equity, of in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee, its successors and assigns forever. And the Grantor, for itself, and its successors, does covenant, grant, bargain, and agree to and with the Grantee, its successors and assigns, that at the time of the caseating and delivery of these presents, it is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and dear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except general taxes and assessments for the year 2011 and subsequent years and all those specific exceptions described by reference to recorded documents as reflected in Commonwealth Title Company's Commitment No. 1108002 The grantor shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of the grantee, its successors and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use of gender shall be applicable to all genders. IN WITNESS WHEREOF the grantor has executed this deed on the date set forth above. !JNA Devel a Colorado By: George LC lability Company anager STATE OF COLORADO COUNTY OF GARFIELD The foregoing instrument was acknowledged before me on August 26, 2011, by George Strong, Manage of UNA Devetopment, LLC, a Colorado Limited Liability Company. My commission expires: Commonwealth File No.1108002 Henn to: Hayden Invemnmts, LLC P.O. Bou 100 Palisade CO 51525 ESS my hand and off DENNA CONI+VELL h NOTARY PUBLIC STATE OF COLORADO My Commission Expires 09/27/2013 127 East 5th Street Rifle, CO 81650 Public Garfield County PAYMENT AGREEMENT FORM GARFIELD COUNTY ("COUNTY") and Property Owner ("APPLICANT") Una Development LLC agree as follows: 1. The Applicant has submitted to the County an application for the following Project: PUD Amendment 2. The Applicant understands and agrees that Garfield County Resolution No. 98-09, as amended, establishes a fee schedule for each type application, and the guidelines for the administration of the fee structure. 3. The Applicant and the County agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. The Applicant agrees to make payment of the Base Fee, established for the Project, and to thereafter permit additional costs to be billed to the Applicant. The Applicant agrees to make additional payments upon notification by the County, when they are necessary, as costs are incurred. 4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board of County Commissioners for the consideration of an application or additional County staff time or expense not covered by the Base Fee. If actual recorded costs exceed the initial Base Fee, the Applicant shall pay additional billings to the County to reimburse the County for the processing of the Project. The Applicant acknowledges that all billing shall be paid prior to the final consideration by the County of any Land Use Change or Division of Land. I hereby agree to pay all fees related to this application: Billing Contact Person: George Strong Phone: ( 970 ) 025-0777 Billing Contact Address: P.O. Box 809 City: Silt State: CO Zip Code: 81652 Billing Contact Email: george@strongbtailtlagandlbr.com Printed Name of P r . n Authorized to Sign: George Strong 0 ad (Signature) (Date) GARFIELD COUNTY Building & Planning Department 108 8I' Street, Suite 201 Glenwood Springs, Colorado 81601 Telephone: 970.945.8212 Facsimile: 970.384.3470 www.oarfield-county, com PRE -APPLICATION CONFERENCE SUMMARY TAX PARCEL NUMBER: Multiple DATE: July 30, 2013 OWNER: Una Development, LLC- Lots 1, 2, 3, 5 and Hayden Investments, LLC -- Lot 4 REPRESENTATIVE: Karl Hanlon PRACTICAL LOCATION: Southwest of Parachute — Highway 6 at CR 300 ZONING: PUD TYPE OF APPLICATION: PUD Amendment I. GENERAL PROJECT DESCRIPTION Applicant seeks to remove PUD Guide restrictions regarding limitations of the number of employees permitted. This limitation was put into place due to threshold issues related to water, particularly operator and permit issues that would require additional review and approval by CDPHE. Proposal is to allow this flexibility based upon state requirements and acquisition of required permits when necessary. IL REGULATORY PROVISIONS APPLICANT IS REQURED TO ADDRESS • Garfield County Land Use and Development Code of 2013 Article 6 is devoted to Planned Unit Development regulations and includes the process for amending an existing PUD. Applicable sections include 6-203 which specifies a requirement for the Director to determine whether the amendment is Minor or Substantial in nature. After discussion with the Director's designee, it would appear that the proposal meets the requirements of a Minor Modification listed in 6-203 C) and therefore submittal and process of a request is pursuant to the Submittal Requirements in Table 6-301. The reference in the table to the description of submittal requirements should be 6-302 rather than the stated 6- 401 (this includes the description of the Amendment Justification Report). General Application Materials are described in Section 4-203 (B) and include demonstration of ownership within the PUD (a deed or title commitment), statement of authority if necessary, application form and fee, authorization for a representative if applicable. Once the above information is submitted the review commences and the Director issues a approval, conditional approval or denial of the request. If approved a Land Use Change Permit and any supporting documentation (the PUD Guide) will be recorded. III. REVIEW PROCESS 1. Pre -application Conference. 2. Determination of Minor or Substantial Modification. If Minor: a. Application and all requirements are submitted. b. Director approves change and permit is recorded. IV, SUBMITTAL REQUIREMENTS See 6-301 for table of requirements V. APPLICATION REVIEW a. Review by: Staff and Director b. Public Hearing: None c. Referral Agencies: None VI, APPLICATION REVIEW FEES a. Planning Review Fees: $ 300.00 b. Referral Agency Fees: $ TBD — consulting engineer/civil engineer fees c. Total Deposit: $ 300.00 (additional hours are billed at $40.50 /hour) General Application Processing Planner reviews case for completeness and sends to referral agencies for comments. Case planner contacts applicant and sets up a site visit. Staff reviews application to determine if it meets standards of review. Case planner makes a recommendation of approval, approval with conditions, or denial to the appropriate hearing body. 1iclaim.er The foregoing summary is advisory in nature only and is not binding on the County. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. This summary does not create a legal or vested right. Pre -application Summ rir pared by: "-thy East -y, r Date FIRST AMENDMENT STRONG PLANNED UNIT DEVELOPMENT CONTROL GUIDE WHEREAS, the Strong Planned Unit Development Zoning & Development Control Guide ("Guide") was approved by the Board of County Commissioners by Resolution No. 2009- 08 on February 2, 2009; and WHEREAS, since the original approval of the Guide, Una Development LLC has found that changing use patterns in western Garfield County make portions of the Guide unduly restrictive with regard to uses; and WHEREAS, when the Guide was originally approved, there were concerns that there was sufficient water and treatment facilities for nineteen (19) full-time employees in the development; and WHEREAS, after build out of the infrastructure within the development, it has been determined that additional employees can be provided for without additional infrastructure development; and WHEREAS, pursuant to the Unified Land Use Code of Garfield County, it was determined that the proposed Amendment was a minor modification to the Guide; and WHEREAS, the Community Development Director has approved the minor modification to the Guide pursuant to the Unified Land Use Code. NOW THEREFORE the Strong Planned Unit Development Zoning & Development Control Guide is hereby amended as follows: 1. Section D - Uses by Right — Resource Support District Subparagraph 1: Business offices associated with any categorized use. Subparagraphs A, B and C are deleted in their entirety. Subsection D is renumbered to A. 2. All other terms and conditions contained within the Guide remain unchanged. Karl J. Hanlon From: Kathy A. Eastley <keastley@garfield-county.com> Sent: Wednesday, July 31, 2013 1:17 PM To: Karl J. Hanlon Subject: Strong PUD Attachments: LUCP Application Form.pdf; Payment Agreement Form.pdf; Strong PUD Amendment.pdf Karl, Attached is the pre -application conference form. After discussion with Tamra Allen a determination of minor modification has been made and further, that there is no review process associated with a minor modification. The requirement is to submit information stipulated by the code as well as supporting documentation for justification of the amendment, and the Director issues a decision. There is no notice required at all and no administrative process. The revised PUD Guide and a Land Use Change Permit will be issued and recorded upon approval. The attached summary form includes the details regarding submittal requirements and cost of the application. I've also included a copy of the application form and the agreement to pay form. Please let me know if you have any questions. Kathy Eastley, AICP Senior Planner Garfield County Community Development 108 8th Street, #401 Glenwood Springs, CO 81601 Phone: 970-945-1377 ext. 1580 Fax: 970-384-3470 keastley@garfield-county.com Total Control Panel To: kjh r mountainlawfirm.com Remove this sender from my allow list From: keastlev garfield-countv.com You received this message because the sender is on your allow list. 1 Login 1111 1% 101,IIn Mg RI 11111 Reaeptiantf: 792048 10/13/2010 05:12:28 PI Jean Alberlco 1 of 29 ROC Fee:$151.00 Doc Fee:0.00 GARFIELD COUNTY CO DECLARATION OF PROTECTIVE COVENANTS FOR STRONG SUBDIVISION PLANNED UNIT DEVELOPMENT THIS DECLARATION is made this day of c f % v,{- , 2010 by UNA DEVELOPMENT, LLC, a Colorado limited liability company ("Initial Owner"), RECITALS A. Initial Owner owns all of the real property interests legally described on Exhibit A attached hereto and by this reference incorporated herein (the "Property"). Initial Owner wishes to develop the Property as a high quality, aesthetically pleasing and harmoniously designed Planned Unit Development (the "Development"). The law which generally governs developments similar to the Development is the Colorado Common Interest Ownership Act (Article 33.3 of Title 38 of Colorado Revised Statutes) as the salve may be amended from time to time (the "Act"). Under the Act, the Development would be considered a "common interest community" (as such term is defined in the Act) of the type known as a "planned community" (as such term is defined in the Act) because portions of the Property are designated for separate ownership by individuals or entities and the remainder of the Property is designated for ownership by the "Association" (as such term is defined in Section 1.03 hereof). B. Under the provisions of Section 38-33.3-116 of the Act, a planned community including only "units" (as such term is defined in the Act) which are restricted to nonresidential use and v,,hich are not subject to any "development rights" (as such term is defined in the Act) is subject only to the provisions of Sections 38-33.3-105,38-33.3-106 and 38-33.3-107 of the Act unless the "declaration" (as such term is defined in the Act) provides that the entire Act is applicable. Section 4.01 herein provides that the units are restricted to nonresidential units. Pursuant to Section 1.06, Initial Owner reserves no development rights in this instrument. Initial Owner further declares that the entire Act shall not apply to this instrument or the Development, although specific provisions of the Act may be incorporated into this instrument by express reference so as to apply to the Development ARTICLE I DECLARATIONS 1.01: General Purposes, Initial Owner desires to ensure the proper use and appropriate development of the Development by means of mutually beneficial covenants, conditions and restrictions imposed on the Development for the benefit of Initial Owner and all future owners of any portion of the Development. Page 1 of 29 11111hip`.N1MAIf:VINOIITIA‘tri0 rel14 LS104 Iiflf Receptionti: 792948 10/1312010 05:12:26 PM Jean Rlberico 2 of 29 Rec Fee:S151.00 Doc Fee:0.00 GRRF[FL0 COUNTY CO 1.02: Declaration. To further the purposes expressed in Section 1.01 hereof, Initial Owner, for itself and its successors and assigns, hereby declares that the Property shall, at all times, be owned, held, used and occupied subject to the provisions of this instrument, to the covenants, conditions and restrictions contained herein and to all amendments and supplements hereto. 1.03: Name of the Development and Name of the Association. Initial Owner declares that the name of the Development is Strong Subdivision Planned Unit Development and that the name of the "unit owners association" (as such term is defined in the Act) organized to govern and administer the Development is Strong Lot Owners Association, Inc., a Colorado for-profit corporation (the "Association"). 1.04: Location and Type of Development. Initial Owner declares that all of the Development is situated in unincorporated Garfield County, Colorado and that the Development is a planned community for the reasons set forth in the Recitals. 1.05: No Declarant. Initial Owner is entering into this instrument in its capacity as owner of the Property and shall not be considered a "declarant" (as such term is defined in the Act). Accordingly, Initial Owner shall not have either the rights or obligations of a declarant under the Act except the obligation to deliver a copy of this instrument as recorded to the Assessor of Garfield County, Colorado as set forth in Section 38-33.3-105 of the Act. This instrument does create certain rights and obligations of Initial Owner with respect to the Development which are similar to rights and obligation of a declarant under the Act, but the rights and obligations of Initial Owner are governed by the "Declaration" (as such term is defined in Section 2.07 hereof) and not by the Act. 1.06: No Development Rights. Initial Owner does not reserve any development rights, including, but not limited to: (a) adding real estate to the Development; (b) creating additional units, or "common elements" or "limited comtnon elements" (as such terns are defined in the Act) within the Development; (c) subdividing or converting units into common elements; or (d) withdrawing real estate from the Development. ARTICLE 2 In addition to the definitions set forth above or below, the following terms shall have the following meanings when used herein. DEFINITIONS 2.01: Articles shall mean the articles of incorporation of the Association as the same may be amended from time to time, 2.02: Board of Directors shall mean the governing body of the Association which is the "executive board" of the Association (as such term is defined and used in the Act). Page 2 of 29 11111 P ' J11.1M 11 Litt AVM! Mt IMMEf NIHIL 11111 Reception!#: 79294& 10/13/2010 05:12:26 PM Jean Rlberlco 3 of 29 Rec Fee:$151.00 Doc Fee:0.00 GARFIELD COUNTY CO 2.03: Budget shall mean the plan for each fiscal year of the Association for the payment of current Common Expenses, for the reservation of funds for the payment of future Common Expenses and for obtaining the funds required for such payments to be adopted by the Association in accordance with the provisions of Section 8.01 hereof. 2.04: Bylaws shall mean the bylaws of the Association in effect from time to time. 2.05: Common Area shall mean the real property identified as rights-of-way on the Plat which is intended for ownership by the Association. 2.06; Common Expenses shall mean expenditures made or liabilities incurred by or on behalf of the Association in the performance of its duties under the Declaration, the Articles, the Bylaws or the Rules, whether or not the same may be expressly declared to be Common Expenses. 2.07: Declaration shall mean this instrument, the Plat, and all amendments and supplements to this instrument and the Plat hereafter recorded in the real property records of Garfield County, Colorado. 2.08: Easement shall mean the easement created pursuant to the provisions of Section 3.02 hereto. 2.09; First Lienor shall mean: (a) a Lienholder holding a Security Interest encumbering any portion of the Development which is recorded after the date of recording of this instrument and (b) a Lienholder holding a Security Interest encumbering a Lot which is recorded after the date of recording of this instrument and which has priority over all other Security interests encumbering such Lot, 2.10: Guest shall mean any individual who is present at the Property at the express or implied invitation of an Owner including, without limitation, friends, relatives, agents, contractors, employees, tenants or business invitees of an Owner. 2.11: Improvements shall mean all buildings, structures, fences walls, parking areas and landscaped areas located on a Lot, including all utility facilities and equipment located on that Lot which serve only that Lot and all other improvements which are constructed on that Lot. 2.12: Lienholder shall mean: (a) the holder of a Security Interest encumbering any portion of the Property which is recorded on the date of this instrument and (b) the holder of a Security Interest encumbering a Lot which is recorded after the date of this instrument without regard to the priority of such Security Interest with respect to all Security Interests encumbering the salve Lot. A First Lienor is also a Lienholder, 2.13: Lot shall mean any plot of land designated as a Lot on the Plat and which is intended for separate ownership by an Owner. Each Lot is identified by the number of such Lot shown on the Plat. An individual Lot may be referred to in the Declaration by such Lot's number as shown on the Plat. A Lot constitutes a unit as such terns is used in the Act. Page 3 of 29 11���1LIk�Irill A I �I B 131 11111 Recept1anti : 792948 10/13/2010 05:12:26 Phi Jean Alberto° 4 of 29 Rao Fee:$151.00 Doc Fee:0.00 GARFIELD COUNTY CO 2.14: Owner shall mean any individual or any corporation, nonprofit corporation, partnership, limited partnership, limited liability company, limited partnership association, joint venture, trust, nonprofit association, cooperative or other legal entity capable of holding title to real property in Colorado that is the record owner of a fee simple interest in one or more Lots according to the real property records of Garfield County, Colorado. Initial Owner is the initial owner of all of the Lots. 2.15: Plat shall mean the Final Plat of the Strong Subdivision Planned Unit Development, recorded Ock-v yc r 1'3 , 2010, at Reception Number: -7 cia,ct LIG , of the real estate records of Garfield. County, Colorado, and all amendments and supplements thereto, thereafter recorded in the real estate records of Garfield County, Colorado. 2.16: Rules shall mean the rules and regulations in effect from time to time as adopted by the Board of Directors in the manner set forth in the Declaration or pursuant to the Articles and Bylaws. 2.17: Security Interest shall mean an interest in real estate or personal property created by contract or conveyance securing payment or performTance of an obligation which encumbers any portion of the Property and is recorded on the date of this instrument or which encumbers a Lot and is recorded after the date of this instrument. A Security Interest includes a lien created by a mortgage, deed of trust, trust deed, security deed, contract for deed, land sales contract, lease intended as security, assignment of lease or rents intended as security, pledge of an ownership interest in an association, and any other consensual lien or title retention contract intended as security for an obligation. 2.18: Sharing Ratio shall mean the "allocated interests" (as such term is defined in the Act) of each Lot which is equal to the fraction of one-sixth (116). The Sharing Ratio is utilized, among other things, to determine the fractional interest of the total liability for assessments for Common Expenses allocated to a Lot pursuant to Section 8.05 hereof. The formula utilized to determine the Sharing Ratio of each Lot is to allocate the total liability for Common Expenses and the total votes in the Association equally to each of the Lots numbered 2 through 5, inclusive, with the remaining interests allocated to Lot 1. ARTICLE 3 PROPERTY RIGHTS 3.01: Lots and Common Area. (a) The Plat divides the Property into five (5) Lots and the Common Area. Initial Owner has not reserved the right to add additional Lots to the Development, so the maximum number of Lots which may be made subject to the Declaration is five (5). Page 4 of 29 11111 Pn FIi;, ANik11,11 1164 lilt 114 11111 Reception#: 792948 10!1312040 05;42;26 PM Jean A16erico 5 of 29 Reo Fee_$151,00 Doc Fee:0.00 G RFIELD COUNTY CO (b) Initial Owner shall convey the Common Area to the Association after the recording of this instrument but in any event prior to the conveyance of all Lots to Owners other than Initial Owner.. Such conveyance of the Common Area shall be made by a special warranty deed free and clear of all encumbrances except those matters set forth on Exhibit B and by this reference incorporated herein. (c) All Owners shall have a right of access as members of the Association to and in the Common Area for the purposes for which the Common Area were designed, which right and easement shall be appurtenant to and shall pass with the title to the Lots. Such use by an Owner shalt be in common with all other Owners without hindering, impeding or imposing upon the rights of the other Owners and in accordance with the provisions of the Declaration and the Rules. Any Owner may delegate such Owner's right to use, benefit from and enjoy the Common Area to such Owner's Guests; provided, however, that such Owner shall he responsible for damages caused by any such Guest and for the violation by any such Guest of the provisions of the Declaration, the Articles, the Bylaws or the Rules in connection with his or her usage of the Common Area. 3.02: Easement. Initial Owner hereby makes, establishes, declares, grants and reserves a blanket easement in favor death Owner and any governmental, quasi -governmental or private entity providing utility services to any Lot, over, under, across, upon, and through the Common Area for installing, replacing, repairing, maintaining and providing all utility services to the Improvements located on a Lot, including, without limitation, water, gas, electric, storm sewer, sanitary sewer, cable television, satellite communications and telephone services. By virtue of this grant of easement, it shall be expressly permissible for the providing entity to erect and maintain the necessary facilities and equipment in the Development. Any entity providing such utility services shall be responsible for any damage caused by such entity to the Development while utilizing the Easement created by this Section 3.02 and for any costs incurred by the Association as a result of such damage and shall be further required to promptly repair or restore any portion of the Development disturbed or damaged by such entity's utilization of the Easement created by this Section 3.02. The Easement created by this Section 3-02 shall be appurtenant to each Lot so that a transfer of title to any interest in such Lot shall automatically transfer a proportionate interest in such Easement. 3.03: Title to Lots. Title to a Lot may be held individually or by any entity or in any form of concurrent ownership recognized in Colorado. In case of any such concurrent ownership, each co-owner shall be jointly and severally liable for performance and observance of all the duties and responsibilities of an Owner with respect to the Lot in which such Owner owns an interest. 3.04: Legal Description. Any contract of sale, deed, lease, deed of trust, mortgage, will or other instrument affecting a Lot shall legally describe it substantially as follows: "Lot Strong Subdivision Planned Unit Development, according to the Plat for Strong Subdivision Planned Unit Development recorded , 2010, at Reception Number of the real estate records of Garfield County, Colorado and subject to the Declaration for Strong Subdivision P.U.D recorded , 2010 at Reception No. of the real estate records of Garfield County, Colorado." Page 5 of 29 VIIIP2,1M.V.V OM !GAMOW IV[I11111 Reception#: 792948 1011312010 05:12:26 PM Jean AtherIco 6 of 29 Roo Fea:$161,00 Doc Fee:0.00 GARFIELD C0UNIY CO Every such description shall be good and sufficient for all purposes to sell, convey, transfer, encumber, lease or otherwise affect not only the Lot, but also the interest in the Easement made appurtenant to such Lot by the Declaration. The interest in the Easement made appurtenant to any Lot shall be deemed conveyed or encumbered with that Lot, even though the legal description in the instrument conveying or encumbering such Lot may only refer to that Lot. The reference to the Declaration in any instrument shall be deemed to include any supplements or amendments to the Declaration, without specific reference thereto. 3.05: Separate Assessment. Initial Owner shall give written notice to the Assessor of Garfield County, Colorado requesting that the Lots be separately assessed and taxed and that the total value of the Common Area be assessed and taxed proportionately with each Lot in accordance with such Lot's Sharing Ratio as provided in Section 38-33.3-105 of the Act. After this instrument has been recorded in the real estate records of Garfield County, Colorado, Initial Owner shall deliver a copy of this instrument as recorded to the Assessor of Garfield County. 3.06: Use Compliance. The use of the Lots shall comply with: (a) the terms, conditions and obligations set forth in the Declaration; (b) the matters set forth on the Plat; (e); and (d) all present and future laws, rules, requirements, orders, directions, ordinances and regulations (including zoning regulations) affecting the Lots of any governmental authority having jurisdiction over the Lots and of their departments, bureaus or officials, 3.07: No Partition of Lots. No Owner may assert any right of partition with respect to such Owner's Lot. By becoming an Owner, each Owner waives any and all rights of partition such Owner may hold with respect to such Owner's Lot, This Section 3.07 shall not, however, limit or restrict the right of the Owners of a Lot to bring a partition action pursuant to Article 28 of Title 38 of Colorado Revised Statutes requesting the sale of the Lot and the division or the proceeds among such Owners; provided that no physical division of the Lot shall be permitted as a part of such action and no such action shall affect any other Lot or the Common Area. 3.08: Encroachments. If any part of any Improvement intended to be constructed entirely on a particular Lot now or hereafter encroaches upon any portion of another Lot or the Common Area as a result of construction of such Improvement or as a result of the settling or shifting of such Improvement, a valid easement for the encroachment and for the maintenance of the same shall exist so long as such Improvement stands. In the event any Improvement shall be partially or totally destroyed as a result of fire or other casualty or as a result of condemnation or eminent domain proceedings, and then rebuilt, encroachments of parts of such Improvement intended to be constructed entirely on a particular Lot upon any portion of another Lot or the Common Area due to such rebuilding, shall be permitted, and valid easements for such encroachments and the maintenance thereof shall exist so long as such Improvement shall stand. 3,09: No Mechanic's Liens. (a) If any Owner shall cause any material to be furnished to such Owner's Lot or any labor to be performed therein or thereon, no Owner of any other Lot shall under any circumstances be liable for the payment of any expense incurred or for the value of any work done or material furnished. All such work shall be at the expense of the Owner Page 6 of 29 ®ff1 1E16 % ert11 111 Reception#: 792948 10/13/2010 05:12:26 PM Jean Alberico 7 of 29 Rep Fee:$151_00 Doo Fee:0.00 OARFIE1.D COUNTY CO causing it to be done, and such Owner shall be solely responsible to contractors, laborers, materialman's and other persons furnishing labor or materials to such Owner's Lot. Nothing herein contained shall authorize any Owner or any person dealing through, with or under any Owner to charge the Common Area or any Lot other than that of such Owner with any mechanic's or materialman's lien or other lien or encumbrance whatever. On the contrary (and notice is hereby given) the right and power to charge any lien or encumbrance of any kind against the Common Area or against any Owner or any Owner's Lot for work done or materials furnished to any other Owner's Lot is hereby expressly denied. (b) If, because of any act or omission of any Owner, any mechanic's or materialman's lien or other lien or order for the payment of money shall be filed against the Common Area or against any other Owner's Lot or against any other Owner or the Association (whether or not such lien or order is valid or enforceable as such), the Owner whose or which act or omission forms the basis for such lien or order shall at such Owner's own cost and expense cause the same to be canceled and discharged of record or bonded in an amount and by a surety company reasonably acceptable to the party or parties affected by such lien or order within 20 days after the filing thereof, and further shall indemnify and save all such parties harmless from and against any and all costs, expenses, claims, Bosses or damages, including reasonable attorneys' fees resulting therefrom. 3.10: No Dedication. Nothing contained in the Declaration (which includes the Plat) shall be deemed a grant or dedication of any portion of the Development to the public or for public use unless such grant or dedication is expressly provided for in the Declaration. ARTICLE 4 RESTRICTIONS 4.01: Use Restrictions. (a) The use of all Lots shall be restricted to nonresidential uses and shall be governed by the Planned Unit Development Guide for Strong Subdivision which was recorded February 3, 2009, at Reception Number 762609 of the real estate records of Garfield County, Colorado, as the same may be amended from time to time. Without limiting the generality of the foregoing, the following uses shall be permitted, as Uses -By -Right on all Lots: (1) Business Offices associated with any categorized use; (2) Contractor Yard; (3) Fabrication; (4) General Storage; (5) Storage of Heavy Equipment; (6) Storage of Oil and Gas Drilling Equipment and Supplies; (7) Communication Facility; (8) Solar Power Generating System; (9) Materials Lab and Testing; (11) Material Handling; with the following uses allowed by Special Review (12) Processing; (13) Warehouse and Distribution Center; and (14) Concrete and Asphalt Batch Plant(s), (b) An Owner shall have the right to lease such Owner's Lot upon such terms and conditions as such Owner may deem advisable; provided, however, that: (i) any such lease shall be in writing and shall provide that the lease is subject to the terms of this Declaration; (ii) a Lot may be leased only for the uses and occupancies described in this Section 4.01 hereof; and (iii) any Page 7 of 29 1111 PriViraliatill 111 Recept.1 onll : 792948 10/1312010 05:12:26 PM Jean Alberioo 8 of 29 Reo Fee:$151.00 Doo Fee:0.00 GARFIELD COUNTY CO failure of a lessee to comply with the terms of the Declaration, the Articles, the Bylaws, or the Rules shall constitute a default by such Owner under the applicable document(s). 4,02: Signs. (a) An Owner shall have the right to place no more than one monument sign per Lot and one wall sign per business on a building identifying the business within that building on such Owner's Lot. No signs of any kind or nature shall be placed on any portion of the Development by any Owner without the prior written approval of the Board of Directors of the design of any proposed sign in accordance with the provisions of Article 5 hereof, which approval may be granted or withheld by the Board of Directors based upon the standard that all signs must be compatible with the architecture of the Development. (b) Initial Owner shall be entitled to place a monument sign which identifies the Development on the Common Area at Initial Owner's expense, but such sign shall be maintained by the Association and the costs of maintenance of such sign shall be a Common Expense. The Association shall have the right to cause no trespassing signs, signs concerning traffic and parking regulations, signs which identify the Development or other signs concerning the administration and management of the Development to be placed on the Common Area and such signs shall be a Common Expense. 4.03: Fuel Storage. On lot fuel storage shall be limited to a single storage tank of up to one thousand (1,000) gallons per developable lot. Adequate spill containment structures shall be designed and constructed for any parcel on which fuel is stored. The containment structure shall be capable of holding 110 percent of the maximum volume of the fuel storage tank and shall comply with federal, state, and local regulations. Plans for fuel storage in excess of 1,000 gallons per developable lot shall be subject to review and approval by the Board of Directors. No fuel storage shall be permitted in the Common Area. 4.04: Trash. No trash shall be stored outside on a Lot unless it is placed in a covered trash container which is located within an enclosed service yard. No refuse may be dumped or buried underground on any Lot. No items of any kind shall be dumped on any portion of the Common Area. 4.05: Vehicles. No parking shall be permitted on any portion of the Common Area and no vehicles shall be parked on any portion of a Lot, except within a building located on the Lot or the area of the Lot designed for parking. No inoperable vehicles will be allowed to be stored, long-term, on any Lot. 4.06: Animals. No animals shall be raised, bred, kept or regularly brought to the Development except for dogs or other animals which are trained to and are in fact assisting persons with disabilities and except for dogs which may be brought to the Development by an Owner if the conditions set forth in this Section 4.06 concerning dogs are met. The keeping of livestock, poultry, goats and other farm animals shall not be allowed. if an Owner desires to bring a dog to the Development, such Owner may do so only if there are adequate facilities, such as a fenced yard, dog run er kennel, to contain the dog. All dogs must be in direct control of the person bringing the dog to the Development or kept within a fenced yard, dog run or kennel and no dogs will be allowed to run at large in the Development. No contractor or subcontractor Page 8 of 29 VIII k'h CC It! RN 1111 Receptionf#: 792946 10/1312010 05:12:26 PM Jean Alberioo 9 of 29 Reo Fee:$151.OD Doo Fee;O.DO GARFIELD COUNTY CO shall be allowed to bring dogs to the Development during the course of construction of the Improvements on a Lot, with the exception of bird feeders, the feeding baiting, salting or other means of attracting wildlife is not permitted in the Development. 4.07: No Noxious Offensive Hazardous or Annoying Activities. No noxious or offensive activity shall be carried on upon any part of the Development nor shall anything be done or placed on any part of the Development which is or may become a nuisance or cause any unreasonable disturbance or annoyance to others. No activities shall be conducted on any part of the Development which are or might be unsafe or hazardous to any person or property. No glaring Iight, loud or annoying sound or vibration, smoke or unpleasant odor arising from the use of a Lot shall be permitted. 4.08: No Imperiling of Insurance. No Owner, no Owner's Guests, nor any lessee shall do anything or cause anything to be kept in or on the Development that might result in an increase in the premiums of insurance obtained by the Association or which might cause cancellation of such insurance, without the prior written consent of the Board of Directors first having been obtained. 4.09: No Violation of Law. No Owner, no Owner's Guests, nor any lessee shall do anything or keep anything in or on the Development which would be in violation of any statute, rule, ordinance, regulation, permit or other validly imposed requirement of any governmental body. 4.10: No Resubdivision. No Lot shall be resubdivided into smaller parcels or lots. 4.11: Minim and Drilling. No Lot shall be used for the purpose of mining, quarrying, drilling, boring or exploring for or removing oil, gas or other hydrocarbons, minerals, rocks, stones, gravel or earth, provided, however, that Initial Owner acknowledges that the mineral rights associated with the Development have been partially or wholly severed and are not fully intact or transferred with the surface rights. Thus, the potential exists for the owner or mineral rights lessee of those rights to extract those resources after negotiating a surface use agreement with the Association and any impacted Lot Owners. 4.12: Solar Applications. The installation or use of either active or passive solar equipment shall not be prohibited or restricted solely on the basis of aesthetic considerations, unless such considerations are reasonable and do not significantly increase the cost of such installation or use. 4.13: Temporary Structures, Occupancy and Incomplete Structures. No temporary structures or office trailers shall be allowed on any Lot other than in connection with and during the period of construction, alteration or demolition of the Improvements on a Lot. No space or area of any improvement on a Lot shall be occupied in any manner prior to completion of construction and the issuance of a temporary or permanent certificate of occupancy by the appropriate governmental authority with respect to such space or area. No partially completed structure shall be allowed to remain on a Lot, except during the period of construction, alteration or demolition of such structure and providing that the completion of such construction, alteration or demolition is being pursued with reasonable diligence. Page 9 of 29 1D illi ii111141:l 14101: it 110041 1u1111111 Receptionll: 792946 10/13!2010 05:12:26 PM Jean Alberico 10 of 29 Roo Fee:$1E1.00 Doc Fee:0.00 GARFIELD COUNTY CO 4.14: Variances. The Board of Directors shall be entitled to grant reasonable variances to the restrictions contained in this Article 4 in order to prevent undue hardship to any Owner or for any other good cause shown to exist by an Owner. Any such variance may be granted upon any such conditions as the Board of Directors shall determine. However, no variances shall be granted that would be inconsistent with the PUD Guide, as approved by Resolution No. 2009- 09, unless the PUD guide is first amended by the Garfield County Board of Commissioners. 4.15: Weeds. Weeds shall not be allowed to thrive anywhere in the development. The Lot Owner's Association shall be authorized to ensure strict compliance with this section. Individual lot owners or their lessees shall be required to remove or eradicate weeds growing on its lot(s). The owners association shall be responsible for weed control and eradication on all common areas. 4.16: Drainage Easements. Drainage easements shall be under the control of the Lot Owner's Association, No lot owner or lessee shall obstruct any drainage area or improvement that would affect the proper functioning of the drainage easement or structure. 4.17: Storm Water Management Plans. Development of all lots are subject to State of Colorado regulations requiring the creation and submittal of a site-specific Storm Water Management Plan in the format prepared by Zao Engineering and on file with the Board of Directors whenever site disturbance will exceed one (1) acre. ARTICLE 5 ARCHITECTURAL CONTROL 5.01: Design Approval. Initial Owner shall not be required to obtain the approval of the Association for the design of any Improvements to be constructed on any Lot owned by Initial Owner, but such design shall conform to the Design Guidelines, Except for such construction by Initial Owner, no Improvements may be constructed on a lot and no modifications to the exterior of any Improvements already constructed on a lot (including without limitation an addition to the structure or the painting of a structure a different color than previously) may be undertaken without in each case obtaining the prior written approval of the Board of Directors of the design of the proposed construction or modification. The Board of Directors shall not be required to grant approval of the design of any construction or modification which would violate the use and occupancy restrictions of Section 4.01 hereof or any other restrictions contained in Article 4 hereof. In considering each request for design approval, the Board of Directors shall be guided by the Design Guidelines and shall attempt to assure that all Improvements within the Development are architecturally compatible and in a compatible color scheme while allowing reasonable and tasteful deviations from the architectural design and style of the Development. 5.02: Approval Procedures. Whenever any Owner requests design approval from the Board of Directors, the Board of Directors may request that such Owner provide the Board of Directors with such items as the Board may reasonably request in order to inform the Board of Directors Page t0of29 1111 EL 1111101101111111,1kM1611111111EVIT 1141111 Reception#►: 792998 10113/2010 05:12:26 P#4 Jean Rlbertoo 11 of 29 Reo Fee:$161.00 Doc Fea:0.00 GARFIELD COUNTY CO about the matter requiring approval. The Board of Directors shall not be required to take any action with respect to a requested design approval unless and until the Board of Directors receives all items reasonably requested by the Board of Directors. Once all of such items have been furnished to the Board of Directors, the Board of Directors shall have 30 days to approve the request as submitted, to approve the request with such reasonable conditions as the Board of Directors may require or to reject the request and, if the Board of Directors does not so act within such 30 day period, the request shall be deemed approved as submitted. If the request is approved, the matter approved shall be undertaken by the Owner in accordance with the items submitted to the Board of Directors and any conditions placed upon such approval by the Board of Directors. 5.03: No Liability. The Board of Directors shall not be responsible nor liable for damages because of any failure to act, disapproval nor failure to approve or disapprove any request for design approval or because of any defects in any items submitted to the Board of Directors in connection with any request for design approval. Any Owner requesting design approval by the Board of Directors by so doing agrees and covenants not to bring any action or suit to recover damages against the Board of Directors, its members as individuals, or its advisors, employees or agents or the Association and its officers and members. 5.04: Design of Property. It is the specific intent of the Declarant to assure that all development and improvement of the Lots is accomplished within the bounds of this Declaration. The design standards set forth herein or as may be adopted hereafter shall be interpreted and applied to serve such intent. 5.05: Adoption of Standards. The Association may, but is not required to, promulgate, adopt, and amend design standards or guidelines consistent with these covenants and additional to those set forth below. A current copy of the adopted, written design standards or guidelines, if any, shall be furnished to each Lot Owner upon written request. 5.06: Obligations with Respect to Zoning and Subdivision. All improvements and uses of a Lot shall fully comply with all zoning, land use, and subdivision statutes and regulations and conditions applicable to such Lot. 5.07: Architectural Control. No Improvement on any Lot shall be commenced, erected or maintained, nor shall any exterior addition to or change or alteration therein be made until the plans and specifications showing the nature, kind, shape, height, materials, and location of the same shall have been submitted to in writing and approved as to harmony of external design and location in relation to surrounding structures and topography by the Board of Directors of the Board. 5.08: Enforcement. Any violation of these covenants for architectural and design review shall constitute a violation of this Declaration and all Association Documents, subject to enforcement by the Association. The Association is specifically authorized to impose appropriate fines, penalties or other sanctions against a Lot Owner for violation of the architectural and design review covenants, standards and guidelines, and any such monetary Page 11 of 29 Ill 110M 1 1:1+10 a Mf tliki 11111 Reception#: 792948 10115/2010 05:12:26 PM Jean 9/berico 12 of 29 Roc Fee:$151.00 Doc Fee:0.00 GHRFIELD COUNTY CO fine or penalty shall constitute a default assessment under Article 8 and may be collected as such, 5.09: Construction and Design Standards. (a) Construction Standards. Construction or alteration of any Improvement(s) shall meet the standards set forth in these covenants and shall promptly and diligently be completed. For the purposes of these covenants, when a construction material is specified herein, another material may be used in lieu thereof, provided such material is equivalent or superior to the specified material. (b) Finishes. All buildings shall have exterior walls of face brick, stone, metal, steel, concrete, marble, anodized aluminum, glass, stucco or equivalent permanently finished materials. (e) Landscaping. Any portion of a Lot upon which improvements are not constructed may be landscaped in accordance with available legal and physical water supply for the Lot. (d) Screening. All trash areas (and dumpsters) shall be maintained in permanently screened and fenced enclosures. (e) Illuminations. Overnight security type lighting, and parking, truck service/receiving areas and outdoor storage areas will require fixtures that are of a sharp cut-off design which allow minimal light spill or glare onto adjacent property, (f) Utilities. All pipes, conduits, cables, or lines for water, gas, sewage, steam, electricity, telephone or any other energy or service serving any individual Lot from any main trunk line or easement shall be installed and maintained below ground, unless otherwise approved in writing by the Association, (g) Signs. All signs shall conform with the written sign standards contained within the PUD Guide. (h) Drainage Plan, Lot Owners shall not alter the grades established for drainage purposes. No fences, landscaping materials, or other obstructions shall be constructed in a manner that would prevent the flow of water or inhibit the function of the drainage plan as shown on the construction drawings submitted with the final plat approval. Drainage easements in the Development as shown on the Plat have been conveyed to the Association by easement deed. (i) Fencing. The use of barbed wire fencing is prohibited on the Property, including privately owned lots. ARTICLE 6 THE ASSOCIATION Page 12 of 29 1111 Er 611411riilllJ1111! le+141e,ri !Hui I1111 Reception#: 792948 10/13/2010 05:12:26 PM Joan Alberico 13 or 29 Reo Fee:5161,00 Doo Foe:0,00 GARFIELD COUNTY CO 6.01: Membership, (a) Initial Owner shall be a member of the Association for so long as Initial Owner is the Owner of any Lot. Each individual and each corporation, nonprofit corporation, partnership, limited partnership, limited liability company, limited partnership association, joint venture, trust, nonprofit association, cooperative or other legal entity capable of holding title to real property in Colorado shall automatically become a member of the Association upon becoming an Owner of a Lot. Membership shall be continuous throughout the period that such ownership continues and shall be appurtenant to and inseparable from ownership of a Lot. Membership shall terminate automatically without any Association action whenever any Initial Owner or any other Owner ceases to own any Lot, Termination of membership shall not relieve or release any former member from any liability or obligation incurred by virtue of or in any way connected with ownership of a lot or impair any rights or remedies which the Association or others may have against such former member arising out of or in any way connected with such ownership or membership. (b) The total number of votes in the Association shall be six (6). The votes are hereby allocated equally to Lots 2 through 5, inclusive, with Lot 1 being allocated 2 votes. If there is only one Owner of a lot, such Owner shall be entitled to cast the vote allocated to such lot at any meeting of the members. If there are multiple Owners of a lot and only one of such multiple Owners is present at a meeting of the members, such Owner shall be entitled to cast the vote allocated to such lot. If there are multiple Owners of a lot and more than one of the multiple Owners of such lot are present at a meeting of the members, the vote allocated to such lot rnay be cast only in accordance with the agreement of a majority in interest of such Owners as such agreement may be reasonably evidenced to the person presiding over such meeting. It is reasonable evidence of the agreement of a majority in interest of multiple Owners of a lot if any one of such Owners casts the vote allocated to such lot without protest being made promptly to the person presiding over the meeting of the members by any of the other Owners of such lot. Each member which is a corporation, nonprofit corporation, partnership, limited partnership, limited liability company, limited partnership association, joint venture, trust, nonprofit association, cooperative or other legal entity capable of holding title to real property in Colorado shall from time to time designate in writing to the Association one or more individuals who may represent it at a meeting and vote on its behalf. Until the Association is notified in writing to the contrary, any action taken by any person(s) designated in writing to represent such member shall be binding upon such member. (c) The rights and obligations of members of the Association are further delineated in the Articles, the Bylaws and the Rules and each Owner is advised to obtain copies of the then current Articles, Bylaws and Rules upon becoming an Owner. (d) Each member shall comply strictly with the provisions of the Declaration, the Articles, the Bylaws and the Rules. The failure of a member to comply strictly with such provisions shall permit the Association to take the actions outlined in the Declaration, the Articles, the Bylaws and the Rules to enforce any such provisions. 6.02: Powers of the Association. (a) The Development shall be administered and managed by the Association pursuant to this Declaration, the Articles, the Bylaws and the Rules. The Association shall have all of the powers expressed in, or implied from, the provisions of Page 13 of 29 1111 VII4lingehili 11111 Receptionk#: 792948 10/13/2010 05:12:26 PM Jean Rlberico 14 of 29 Rea Fee:$151.00 Doc Fee:0.00 GRRFIELD COUNTY CO Section 38-333-302(1) of the Act and the provisions of the Declaration, the Articles, the Bylaws or the Rules subject, however, to the following limitations; (i) except for the power to grant easements, licenses and concessions through or over the Common Area set forth in Section 38-33.3-302(1 )(i) of the Act, the Association shall not convey or encumber the Common Area unless all Owners and all First Lienors have given their approval thereof; (ii) no part of the net earnings of the Association shall inure to the benefit of any member of the Association. (b) Without limiting the generality of the foregoing, the Association shall have the power from time to time as it deems necessary and appropriate to adopt, amend and enforce the Rules in order to implement the provisions of the Declaration, including without limitation, Rules intended to promote the general health, safety and welfare of persons within the Development, to protect and preserve property and to regulate the use of the Common Area. (c) All of the Rules adopted by the Association shall be reasonable and shall be uniformly applied. The Association may provide for enforcement of the Rules through reasonable and uniformly applied fines and penalties, which shall be collectable by the Association as a charge pursuant to the provisions of Article 8 hereof. Each Owner, and such Owner's Guest, shall be obligated to and shall comply with and abide by the Rules and pay such fines or penalties upon failure to comply with or abide by the Rules. The Association shall not be responsible to any Owner or Guest for the non -observance by any other Owner or Guest of the Rules. (d) The Association shall own the water system and all components thereof. At all times, the Association shall keep in full force and effect the West Divide Water Conservancy District Lease #070322SL(a), which shall be renewed annually, with costs allocated to the Subdivision Lot owners. (e) The Association shall at all times comply with fire protection requirements of the Grand Valley Fire Protection District, including, but not limited to, the installation of a 10,000 gallon water tank in the easement location shown on the Plat. 6.03: Board of Directors. The Board of Directors is hereby designated to act on behalf of the Association and shall be responsible for the control and management of the Association and the disposition of its funds and property; provided, however, that the Board of Directors may not act on behalf of the Association to: (a) amend the Declaration except in the instances set forth in the Declaration; (b) terminate the Development; or (c) elect directors or determine the qualifications, powers and duties, or terms of office of directors, but the Board of Directors may fill vacancies in the Board of Directors for the unexpired polilon of any term. The number of directors, their terms of office and their qualifications shall be determined according to the laws. The mernbers of the Association shall elect and may remove all directors. 6.04: Officers. The officers of the Association shall be a president, a secretary, a treasurer and such other officers as may from time to time be prescribed by the Bylaws. The terms of office Page 14 of 29 mil init4ol'lyL NIL Reception#: 792948 10/13/2010 05:12:25 PM Jean Alberico 15 of 29 Rao Feec$151.00 Doo Fee:0.00 GARFIELD COUNTY CO of the officers of me Association and their qualifications shall also be determined according to the Bylaws. The Board of Directors shall elect and may remove the officers of the Association. ARTICLE 7 MAINTENANCE AND INSURANCE 7.01: Maintenance by Owners, Each Owner shall be responsible for maintaining in a clean, safe, attractive condition and in good order and repair all portions of such Owner's Lot and Improvements. In performing such maintenance, no Owner shall do any act or work which impairs or otherwise affects the Common Area. If, in the reasonable judgment of the Association, an Owner has failed to maintain such Owner's lot and improvements in a clean, safe and attractive condition and in good order and repair, the Association may, after 10 day's notice to such Owner, perform all work deemed necessary by the Association to place such lot and Improvements in conformity with the foregoing standards and shall have access to such lot and Improvements for such purposes. The Association shall be reimbursed by the Owner who or which failed to adequately maintain such Owner's Lot and Improvements for all costs of the work performed by the Association pursuant to the authorization contained in the preceding sentence in the manner set forth in Section 8.04 hereof. 7.02: Maintenance by the Association. (a) The Association shall be responsible for maintaining ail portions of the Common Area. The costs of such maintenance shall be a Common Expense. If, however, the need to perform such maintenance results from the negligence or intentional act of an Owner or such Owner's Guests, such Owner shall reimburse the Association for all costs of such maintenance in the manner set forth in Section 8.04 hereof. (b) The Association shall at all times maintain the Sediment Basin and shall remove accumulated sediments when they reach a level of 4,987.00 feet. (c) The Association shall at all times comply with requirements of the Colorado Department of Public Health and Environment in the operation and maintenance of the Subdivision public water supply. 7.03: Maintenance of Individual Sewage Disposal Systems (ISDS). If a Lot is developed with permanent buildings, at least one building on each lot shall contain a minimum of one (1) bathroom containing a toilet and sink, All sewage disposal therefrom shall be disposed of by means of an engineered individual sewage disposal system designed by a Colorado registered professional engineer. Each ISDS shall be constructed in a manner to facilitate ready access for servicing the system. The Association shall contract with an individual qualified and experienced in inspection and maintenance of ISDS to conduct inspections on an annual basis or such more frequent basis as the Association may deem necessary to determine each Lot's system maintenance requirements. The Association shall have the right to take any action necessary to enforce Page 15 of 29 1111 Pic liktriCliNICIIEMIllifil 11 11 1 Reception#: 792948 10!13!2010 05:12!26 PM Jean Alberlco 18 of 29 Rec Fee:$151.00 Doo Fae:D.DO GARFIELD COUNTY CO compliance with the operation and maintenance required for a properly functioning system. Any such action shall be at the individual Lot owner's expense. The basic management plan for the operation and maintenance of the ISDS is as follows: (a) Only wastewater from toilets, lavatories, showers and janitorial sinks used for restroom cleaning may be introduced into the individual sewage disposal systems. Other wastes, including grease, must be disposed of separately. (b) Each septic tank should be inspected annually by the Lot Owner and pumped, if necessary, notwithstanding the Association's cleaning contract with a septic tank system cleaner. (c) The septic tank should be pumped by a professional septic tank system cleaner with proper disposal of waste materials. (d) Leach fields and septic tanks shall be located or isolated away from areas where vehicular traffic or other activities that could result in damage to the system components or compaction of soils will occur. (e) The individual sewage disposal systems shall be protected from excess water from roof drains, surface drainage, irrigation water, leaky faucets, or leaky toilets. Industrial and/or commercial wastewater discharges shall not be permitted through on-site wastewater disposal systems, including wastewater produced through manufacturing processes and vehicle washing activities. Only domestic wastewater shall be disposed of through the individual sewage disposal systems. At no time shall any hazardous or toxic materials used in or generated from a commercial or industrial activity or process be allowed to drain into an ISDS serving a facility. All such commercial or industrial waste shall be disposed of to an on- site, non -discharging system designed by a Registered Professional Engineer. Hazardous or toxic wastes collected in said non -discharging systems must be properly managed and disposed of in accordance with all applicable Federal, State and local laws and regulations. All non - discharging systems shall be included in the inspection schedule identified above. 7.03: Insurance. (a) The Association shall provide and keep in force the following insurance: (1) Property damage insurance on any improvements that may be constructed on the Common Area insuring against loss by fire, lightning and the risks covered by the "all risks" endorsement of the insurer (which risks shall include at least vandalism, malicious mischief and those risks covered by a standard broad form coverage endorsement) in an amount not less than the full replacement cost of the insured property (without deduction for depreciation but less applicable deductibles and exclusive of the costs of land, excavation, foundations, paving and other items normally excluded from property policies) in an agreed endorsement amount. Such insurance may be carried in blanket policy form naming the Association as the insured. Any loss covered by such insurance must be adjusted with the Association whether or not the insurance proceeds with respect to that loss are payable to the Association. Such insurance Page 16 of 29 1111 r 1,OK N5' 1111141114/r<`III ill' 11111 Reception4: 792948 10/130010 05:12:26 PM Jean A16erico 17 of 29 Reo Fee_$151.00 Doo Fee:0.00 GARFIELD COUNTY CO proceeds shall be payable to the Association unless the Association shall have previously designated in writing an insurance trustee for that purpose, but in no event shall such insurance proceeds be payable to any Lienholder, The Association or the insurance trustee receiving such insurance proceeds shall hold such insurance proceeds in trust for the Association, the Owners and the Lienholders as their interests may appear. Such insurance proceeds shall be disbursed in accordance with the provisions of Section 9,02 hereof and the Association, the Owners and the Lienholders are not entitled to receive payment of any portion of such insurance proceeds unless there is a surplus of such insurance proceeds after such disbursements have been made. (ii) Commercial general liability insurance against claims and liability arising in connection with the ownership, existence, use, or management of the Common Area (including liability for death, personal injury and property damage) in the amount deemed sufficient by the Board of Directors insuring the Board of Directors, the Association, the managing agent (if any) and their respective employees, agents and all persons acting as agents, and the Owners (including Initial Owner). The policy of such insurance shall provide that it will also cover claims of one or more insured parties against other insured parties. (iii) Such other insurance in such amounts as the Association may consider necessary or advisable against such other insurable hazards as the Association may from time to time wish to insure against. (b) All insurance which is carried by the Association pursuant to the provisions of Section 7.03(a) hereof shall be issued by responsible insurance companies authorized to do business in the State of Colorado. Each policy of insurance described in Sections 7.03 (a)(i) and (ii) hereof shall contain the following provisions: (i) such policy shall not be materially modified or canceled without at least 30 days prior written notice to the Association and to each Owner and Lienholder whose or which address has been made known to the insurer; (ii) the insurer waives its rights of subrogation under such policy as to any claim against the Association, its officers, directors and employees, any Owner and members of such Owner's household and any Lienholder; (iii) each Owner is an insured person under such policy with respect to liability arising out of such Owner's membership in the Association; (iv) no act or omission by an Owner, unless acting within the scope of such Owner's authority on behalf of the Association, shall void such policy or operate as a condition to recovery under such policy; and (v) if, at the time of loss under such policy, there is other insurance in the name of an Owner covering the risk covered by such policy, the Association's policy shall provide primary insurance. If the insurance described in Sections 7.03 (a)(i) and (ii) hereof is not reasonably available, or if any policy of such insurance is canceled or not renewed without a replacement policy therefor having been obtained, the Association promptly shall cause notice of such fact to be hand delivered or sent prepaid by United States mail to all Owners and to all Lienholders whose or which address has been made known to the Association. (c) Each Owner shall be solely responsible for obtaining and maintaining any insurance covering Toss or damage to any Improvements located on such Owner's lot and to any personal property on such Owner's lot and covering liability for injury, death or damage occurring on such Owner's lot. Any policy of such insurance shall contain waivers of subrogation as to any claim against the Association, its officers, directors and employees, any Owner and such Page 17 of 29 1I11 R111 IPAiiri lUriglIl'1011 I''I 7,II111II1 Reception#: 792945 10!13/2010 05:12:26 PM Jean Rlberico 18 of 29 Rec Fee:$151.00 Doo 1ee:0.00 GARFIELD COUNTY CO Owner's Guests and any Lienholder and shall be so written that the liability of the insurers issuing insurance obtained by the Association shall not be affected or diminished thereby. (d) The costs of obtaining and maintaining all insurance which is carried by the Association pursuant to the provisions of Section 7.03(a) hereof shall be a Common Expense to be prorated among all Owners as set forth in the Declaration, notwithstanding the fact that the Owners may have disproportionate risk. To the extent that the Association settles claims under the insurance described in Section 7.03 hereof for damages to real property, any Owner whose or which negligence caused such loss shall reimburse the Association for the amount of all deductibles paid by the Association with respect to such claims in the manner set forth in Section 8.04 hereof. ARTICLE 8 ASSESSMENTS AND CHARGES 8.01: Annual Assessments. (a) Until the Association establishes an annual assessment for Common Expenses for the initial fiscal year of the Association, Initial Owner shall pay all Common Expenses. The Association shall establish an annual assessment with respect to the initial fiscal year of the Association for the purpose of paying or creating a reserve for Common Expenses. The amount of the annual assessment for the initial fiscal year of the Association and for each fiscal year thereafter shall be based upon the Budget to be adopted by the Association. The Budget shall be based upon a good faith estimate of the Common Expenses to be paid or reserved for the fiscal year covered by the Budget including, without limitation, an estimate of the costs of the maintenance required to be performed by the Association pursuant to the provisions of Section 7.02 hereof during such fiscal year, an estimate of the costs of the insurance described in Section 7.03 hereof to be obtained by the Association during such fiscal year and an estimate of the amount of funds to be reserved during such year for the costs of the periodic refurbishing and replacement of those items which are to be maintained and repaired by the Association pursuant to the provisions of Section 7.02 hereof as such items wear out or become obsolete so that the costs of such periodic refurbishing or replacement may be paid through the annual assessments instead of special assessments. The annual assessment for each fiscal year shall be established only after a Budget is adopted in accordance with the provisions of Section 8.01(b) hereof. The Board of Directors may adjust the amount of an annual assessment during the fiscal year covered by such annual assessment from time to time as the Board of Directors may in its discretion deem necessary or advisable, but any such adjustment shall be based upon a revised Budget adopted by the Association in accordance with the provisions of Section 8.0 (b) hereof. (b) Beginning with the first fiscal year of the Association or in the event the Association desires to make an adjustment to an annual assessment previously established with respect to any such fiscal year, the Board of Directors shall adopt a proposed Budget to serve as the basis for the establishment of the annual assessment or the adjustment to the annual assessment (as the case may be). Within 30 days after the adoption of such proposed Budget, the Board of Directors shall snail, by ordinary first-class mail, or otherwise deliver a summary of such Page 18 of 29 ID Pg6iiiiIiirtia I.litI. Irei N )11411111 Reception##: 792948 10113/2010 05:12:26 PM Jean Alberlao 19 of 29 Rec Fee:$161.00 Dao Fee:0.00 GARFIELD COUNTY CO proposed Budget to all Owners and shall set a date for a meeting of Owners to consider ratification of such proposed Budget not less than 14 nor more than 60 days after mailing or other delivery of the summary. Unless at that meeting Owners holding 80 percent or more of the total votes in the Association reject such proposed Budget, such proposed Budget shall be considered ratified, whether or not a quorum is present. In the event such proposed Budget is rejected, the Budget last adopted by the Association shall be continued until such time as the Owners ratify a subsequent Budget proposed by the Board of Directors and the proposed annual assessment or adjustment to the annual assessment shall be based upon such continued Budget, 8.02: Special Assessments. In addition to the annual assessments authorized in Section 8.01 hereof, the Association may establish at any tune a special assessment for the purpose of paying or creating a reserve for, in whole or in part, the cost of any expense which the Association is entitled to incur pursuant to the provisions of this Declaration, the Articles or the Bylaws and which is not scheduled to be paid in a Budget adopted by the Association, No special assessment may be levied by the Association unless such special assessment has been approved by tile Board of Directors and by the majority vote of the Owners present in person or proxy at a meeting called for such purpose at which a quorum was present. 8.03: Payments of Assessments. All annual assessments shall be payable in equal monthly installments or, at the option of the Association, in equal quarterly installments. Each installment of the annual assessments shall be due on the first day of the period to which it relates in the amount specified in the most recent written notice from the Association until the Association notifies an Owner in writing of a different amount. At the option of the Association, special assessments may be payable in a lump sum or in quarterly or monthly installments. Each special assessment shall be due 10 days after the Association gives an Owner notice of the amount of such Owner's assessment The Association may charge and collect a late charge in the amount of $25 (or in such other amount as may be established by the Board of Directors in the Rules) for any annual or special assessment which is not paid when due. In addition, the Association may charge and collect interest at an annual rate of 21 percent on any annual or special assessment which is not paid within 30 days after the due date thereof', which interest shall run from such due date until the date of payment If the Association engages an attorney to collect any annual or special assessment not paid when due, the Owner responsible for the payment of such alwual or special assessment shall reimburse the Association for all costs of collection of such annual or special assessment including, without limitation, reasonable attorneys' fees. 8.04: Charges. Eacli Owner shall be liable for all charges with respect to such Owner or such Owner's Lot as set forth in the Declaration which include, but are not limited to, the costs to be reimbursed to the Association by an Owner pursuant to the provisions of Sections 7.01, 7.02 and 7.03(d) hereof, fines and penalties for violations of the Rules as described in Section 6.02(b) hereof and the late charge described in Section 8.03 hereof. Any charge shall be payable within 10 days after notice of the amount of such charge is delivered to an Owner and, if not paid when due, shall thereafter bear interest at an annual rate of 21 percent. If the Association engages an attorney to collect any such charge not paid when due, the Owner responsible for the payment of such charge shall reimburse the Association for all costs of Page 19 of 29 Slll tib',61iiiIMI:IIIIIh11111 Reception#: 792948 10/13/2010 05:12:26 PM Jean Alberloo 20 of 29 Reo Fee:3151.00 Doc Fee:0.00 GARFIELD COUNTY CO collection of such charge including, without limitation, reasonable attorneys' fees. Any charge collected by the Association shall be used by the Association in furtherance of its duties hereunder or to defray Common Expenses, 8.05: Liability of Owners. The liability for annual and special assessments of the Common Expenses is hereby allocated equally to each lot so that the Owners of each lot are liable for a portion of the total amount of the annual and special assessments for the Common Expenses equal to such total amount multiplied by such Lots Sharing Ratio; provided, however, that the Association may allocate on a reasonable basis the liability for annual and special assessments for those Common Expenses which benefit some but not all of the lots to the Owners of each lot so benefited. The amount of any annual and special assessment and charges payable with respect to an Owner or such Owner's lot shall be a personal obligation of the Owner of such lot and such Owner's heirs, devisees, personal representatives, successors and assigns and, if there are multiple Owners of one lot, such obligation shall be a joint and several obligation of each Owner of such lot. Except as set forth in Section 8.06 hereof, a party acquiring fee simple title to a lot shall be jointly and severally liable with the former Owner of the lot for all such amounts which had accrued and were payable at the time of the acquisition of fee simple title to the lot by such party without prejudice to such party's right to recover any of such amounts paid by such party from the former Owner. No Owner shall be exempt from liability for payment of such Owner's share of the Common Expenses either by waiver of the use or enjoyment of the Common Area or Easement or by abandonment of such Owner's lot. 8.06: Liability of Lienholders. The transfer of title to a lot pursuant to a foreclosure of a Security Interest or pursuant to any procedure in lieu thereof shall extinguish the lien for annual and special assessments and charges against such lot described in Section 8.07 hereof as to payments which become due prior to such transfer but only to the extent such Security Interest has priority over the Association's lien as specified in Section 38-33.3-316(2)(b) of the Act. A Lienholder shall not be personally liable for any assessment or charge payable by the Owner of the lot encumbered by the Security Interest held by such Lienholder, but the Association agrees to accept any payment of such assessment or charge made voluntarily on behalf of such Owner by such Lienholder. 8.07: The Association's Lien. The Association shall have, from the date of recording of this instrument, a lien against each lot to secure payment to the Association of all annual and special assessments with respect to such lot and all charges with respect to each Owner of such lot together with interest thereon at the annual rate of 21 percent from the due date thereof and together with all costs and expenses of collecting such assessments and charges including reasonable attorneys' fees. The Association's lien shall be prior and superior to all other liens and encumbrances on a lot except: (a) liens and encumbrances recorded prior to the recordation of this instrument; (b) the Security Interest of a First Lienor with respect to such lot except to the extent specified in Section 38-33.3-316(2)(b) of the Act; (c) liens for real estate taxes and other governmental charges against such lot and (d) mechanic's and materialman's liens which by law may be prior to the Association's lien. The Association's lien shall attach from the date of recording of this instrument and shall be considered perfected without the necessity of recording a notice of default and claim of lien. Nevertheless, the Association may, as evidence of the Association's lien but not as a condition to enforcement of the Association's lien, record Page 20 of 29 1111 ViIiiiINAIefrteI'atIqui 11111 Reception#: 792948 10/13/2010 05:12:26 PM Jean Alberioo 2t of 29 Rem Fee:$154.00 Doc Fee:0.00 GARFIELD COUNTY CO a notice of default and claim of lien executed by an officer or director of the Association and containing substantially the following information: (i) the legal description of the lot against which the lien is claimed; (ii) the name of the defaulting Owner(s) of such lot(s) indicated by the Association's records; (iii) the total unpaid amount together with interest thereon and the costs of collection as of the date of such notice; (iv) a statement that the notice of default and claim of lien is made by the Association pursuant to the Declaration; and (v) a statement that a lien is claimed and will be foreclosed against such lot in an amount equal to the amount stated as then due and any additional amounts thereafter becoming due. If the Association elects to file such notice of default and claim of lien, the Association shall send a copy of such notice of default and claim of lien to all Owners and all Lienholders whose or which name and address were made known to the Association of the lot against which such lien is claimed at their addresses last known to the Association within 10 days after the recording of such notice of default and claim of lien. The Association's lien may be foreclosed in the planner provided by Colorado for the foreclosure of mortgages encumbering real property. At its option, the Association may recover any amounts claimed to be due in a notice of default and claim of lien by an action for a money judgment, In any such foreclosure or action, the Owner(s) of the lot subject to such foreclosure or action shall be required to pay the costs and expenses of such proceedings, including reasonable attorneys' fees. The Association shall be entitled to purchase the lot at any foreclosure sale, and to acquire, hold, lease, mortgage or convey the same. In any such foreclosure or action, the Court niay appoint a receiver to collect all sums alleged to be due from the Owner(s) prior to or during the pendency of such foreclosure or action, The Court may order the receiver so appointed to pay any sums held by such receiver to the Association during the pendency of such foreclosure or action to the extent of the unpaid annual and special assessments and charges. 8,08: Statement of Unpaid Assessments and Charges, The Association shall furnish to an Owner of a lot, a designee of such Owner, a Lienholder with respect to a lot or a designee of such Lienholder, upon receipt by the Association of a written request accompanied by the payment of a fee in the amount of $25 (or in such other amount as may be established by the Board of Directors in the Rules), a written statement setting forth the amount of the unpaid annual and special assessments and changes, if any, with respect to such lot. Such statement shall be furnished within 14 calendar days after receipt of such request and fee and is binding upon the Association, the Board of Directors and every Owner. If no statement is famished to the requesting party within such 14 calendar day period, then the Association shall have no right to assert a lien upon the lot for unpaid annual and special assessments and charges which were due as of the date of the request. 8,09: Surplus Funds. Upon the determination by the Board of Directors that surplus funds of the Association remain after payment or provision for Common Expenses and any prepayment or provision for reserves, the Board of Directors may decide either to distribute such surplus funds to the Owners in accordance with the respective Sharing Ratios of their lots or to credit such surplus funds to the Owners in accordance with the respective Sharing Ratios of their lots against their respective liabilities for future Common Expenses. ARTICLE 9 SHARED WELL FACILITIES Page 21 of 29 VIII 'i leirA]4Ng4NC,4 '11r +1 ' 11 1X1111 Reception#; 792948 10/13/2010 05:52:26 PM Jean Alberlco 22 of 29 Reo Fee:$151.00 Doo Fee:O,OD GARFIELD COUNTY CO 9.01: Strong Well Facilities. (a) The Strong Well structure and related facilities, including the pump, pipelines, well equipment, and well permit, shall be owned by the Association. Each Owner's respective interest in the Strong Well shall be appurtenant to the benefited Lot, and such interests may not be conveyed separately from the respective Lots. The water rights for the well, as augmented, are owned by the Association for the benefit of all Owners. The Association holds all necessary easements for supplying water to all Lots in the development, and for the operation, maintenance, repair and replacement of the Strong Well, its pump, pipelines, and well equipment. (b) Each Owner shall be entitled to its proportionate share of the water produced from the Strong Well, subject to the terms and conditions of Well Permit 467484-F, No Owner shall use more that its proportionate share of the water physically available from the well. Well water shall be used only for those uses itemized in the Planned Unit Development Guide for the Development recorded at Reception Number 762609 in the records of the Garfield County Clerk and Recorder. (c) In the event the Strong Well should ever run: dry or fail for any reason, the Owners may decide either to redrill the well or drill a new well. Should the individual Owners fail to reach agreement on the proper remedy, the Association shall determine the appropriate course of action, which decision shall be binding on the Owners. 9.02: Association and Lot Costs. All costs incurred for the operation, repair, maintenance and replacement of the Strong Well, together with its pump, common pipelines, and well equipment which are deemed to commonly benefit the Owners, shall be paid according to the following formula: Lot 1 Lots 2 through 5 1/3 of total costs 1/6 of total costs to each Lot Costs shared by the Association shall include, but are not limited to, pump electric charges. Such charges shall be assessed as part of the Association's monthly dues to Owners in the proportions described above. Each Owner shall bear the cost of operation, repair, maintenance and replacement of pipelines or other components which are not used in common, but which are used solely to provide water service to that Owner's Lot. It is the intent of the parties that each Owner will be solely responsible for the operation, repair, maintenance and replacement of that part of the water delivery system which is solely used to provide water service from the well to that Owner's Lat. 9.03: Maintenance Authorization. In the event that any Owner determines that repair, maintenance, improvements, or replacements are necessary for the well structure, pipelines or appurtenant common facilities, such Owner shall so notify the Association in writing. Except as otherwise provided for in this section, the Association shall make such repairs as it deems necessary. Any Owner shall be entitled to make any and all reasonable improvements in an emergency which are essential for the proper functioning of the well, pump, pipeline or appurtenant facilities and to seek reimbursement from the other Owners. Page 22 of 29 Reception#: 792948 10113/2010 05:12:26 PM Jean Alberico 23 of 29 Rec Fee:$161.00 Doo Fee:0.00 GRRFIELD COUNTY CO 9,04. No Waste. No Owner may waste water, and each Owner shall exercise prudence and conservation in water use to allow for efficient and beneficial operation of the well and to avoid burdening the aquifer and well pump unnecessarily, 9,05. Future Regulation. In the event that any quasi -government, government or judicial authority imposes future requirements or restrictions on the use of the Strong Well, the Association shall inform the Owners of their duty to comply with such requirements to ensure a continuing water supply for each Lot. 9.06. Covenant Plat Note, The public water system approved as of the date of the Final Plat recorded with Reception No, is constructed to meet the requirements of the Colorado Department of Public Health & Environment Water Quality Control Division for a Public Water Supply as a Transient, Non -Community water system to specifically serve up to six (6) 1,500 sq. ft. offices, 5 warehouses, and 22 full-time employees for the offices for the entire subdivision. At such time that the regularly served population exceeds 24 persons for more than six (6) months per year, then the Association shall be required to obtain proper approvals for a Non -transient, non -community public water system from the Colorado Department for Public Health & Environment Water Quality Control Division pursuant to state law. ARTICLE 10 DAMAGE OR DESTRUCTION 10.01: Requirement of Repair and Restoration. In the event of any damage or destruction to any portion of the improvements located on the Common Area for which insurance is required to be maintained by the Association under the provisions of Section 7.03(a)(i) hereof, the Association shall cause such damaged or destroyed portion of the Development to be fully repaired or restored promptly after the occurrence of such damage or destruction unless such repair or restoration would be illegal under any state or local statute or ordinance governing health or safety. 10.02: Insurance Proceeds. The insurance proceeds paid to the Association as a result of the damage or destruction of any portion of the improvements Located on the Common Area shall be disbursed by the Association first to the expenses of the repair or restoration of the damaged or destroyed portion of such improvements and the remainder shall be disbursed to the Owner of each lot or the Lienholder with respect • to such Iot, as their interests may appear, in accordance with the Sharing Ratio of such lot. If the costs of the repair or restoration of the damaged or destroyed portion of the improvements located on the Common Area required by Section 10.01 hereof are in excess of the insurance proceeds paid to the Association as a result of such damage or destruction, the excess amount shall be a Common Expense payable by the Owners in accordance with the respective Sharing Ratios of their lots. Page 23 of 29 1111 I ihlii`4 'rifiCI 'h ARI1111 Reception#: 79294B 10113/2010 05:t2:26 PM Jean Plberico 24 of 29 Reo Fee:$151.00 Ooc Fee:0.00 GflRFIELO COVNTY CO 10.03: Notice to Lienholders. Promptly after the occurrence of any fire or other casualty which causes damage or destruction of any portion of the improvements located on the Common Area for which insurance is required to be maintained by the Association under the provisions of Section 7.03 hereof and which the Association estimates will cost $10,000.00 or more to repair, the Association shall deliver written notice thereof to all Lienholders whose or which address has been made known to the Association. The delivery of such written notice shall not be construed as imposing any liability whatever on any Lienholder to pay all or any part of the costs of repair or restoration. ARTICLE 11 CONDEMNATION If all or any portion of the Common Area is taken under any statute, by right of eminent domain, or by purchase in lieu thereof, then the Association (as attorney-in-fact for the Owners) shall collect the award made in such taking, shall promptly cause the portion of the Common Area not so taken to be restored. The costs of such restoration in excess of the amount of the award for such taking shall be a Common Expense payable by the Owners in accordance with the respective Sharing Ratio of their lots. The amount of the award paid to the Association as a result of any such taking which is not used for such restoration shall be disbursed by the Association to the Owner of each lot or the Lienholder with respect to such lot, as their interests may appear, in accordance with the Sharing Ratio of such lot. ARTICLE 12 MISCELLANEOUS PROVISIONS 12.01: Enforcement and Remedies. The provisions of the Declaration which create certain rights in Initial Owner shall be enforceable by Initial Owner and the other provisions of the Declaration shall be enforceable by the Association. In enforcing the Declaration, the Association shall be entitled to utilize any of the remedies set forth in Article 8 hereof and both Initial Owner and the Association and any other party entitled to enforce the Declaration shall be entitled to any remedy at law or in equity including without limitations, an action seeking a prohibitive or mandatory injunction or damages or both. In any action for the enforcement of the Declaration, the party or parties against which or whom enforcement is sought shall pay the reasonable attorney's fees and costs, including the reasonable attorney's fees for any appeal, incurred by the party enforcing the Declaration in the amount determined by the Court if the party enforcing the Declaration is the prevailing party in such action. The issuance of a building permit or certificate of occupancy which may be in contravention of the Declaration shall no prevent enforcement of the Declaration. All cost incurred by the Association in the enforcement of the Declaration shall be a Common Expense. 12,02: Duration. The Declaration shall continue and remain in full force and effect in perpetuity, as the same may be amended from time to time in accordance with the provisions of Page24 of29 1111 IA I 11111 Reception#: 792948 10/13/2010 05:12:28 PM Jean Alberico 25 of 29 Rec Fee:$151.00 Doc Fee:0.00 GARFIELD COUNTY 00 Section 11.03 hereof, unless the Declaration is sooner terminated by an amendment made in accordance with the provisions of Section 12.03 hereof. 12,03: Amendment. The provisions of the Declaration which create certain rights in Initial Owner may be amended only with the prior written consent of Initial Owner. Any amendment to the Declaration which proposes to terminate the Declaration or which proposes to amend the provisions of the Declaration pertaining to the Sharing Ratio of each lot, the allocation of the liability for Common Expenses and voting rights to each lot and the rights of Lienholders under the Declaration must be signed by all Owners and consented to in writing by all of the Lienholders whose or which name and address have been made known to the Association. The Association shall be entitled to amend the Declaration in those circumstances set forth in Section 38-33.3-107of the Act Except for the foregoing amendments, the provisions of this Declaration may be amended only by the recording of a written instrument or instruments specifying the amendment signed by the Owners who or which are entitled to vote at least 80 percent of the total votes in the Association. No amendment to the PUD zoning guidelines approved by Garfield County Board of County Commissioners Resolution No. 2009-08 and recorded as Reception No. 762609 in the Office of the Garfield County Clerk and Recorder, or the Preliminary Plan approved by Garfield County Board of County Commissioners Resolution No. 2009-09 and recorded as Reception No. 762610 in the Office of the Garfield County Clerk and Recorder shall be effective without Board of County Commissioners approval. No amendments to these Declarations shall conflict with requirements of the Board of County Commissioners as contained in the above -referenced approvals as they relate to these Declarations. 12.04: Covenants Running with the Land. Each provision of the Declaration, and any agreement, promise, covenant and undertaking to comply with each provision of the Declaration shall be deemed a covenant running with the land as a burden with and upon the title to each lot of real property within the Development for the benefit of any other real property within the Development. 12.05: Limited Liability. A director or an officer of the Association shall not be liable for actions taken or omissions made in the performance of his or her duties except for wanton and willful acts or omissions. The liability of directors and officers shall be further limited by the provisions of Parts 4 and 5 of Article 128 of Title 7 of Colorado Revised Statutes and the provisions of the Articles and the Bylaws. Neither Initial Owner nor any member, manager, agent or employee of Initial Owner shall be liable to any party for any action or for any failure to act with respect to any (natter arising in connection with the Declaration if the action taken or failure to act was in good faith and without malice. 12.06: Successors and Assigns. Except as otherwise provided herein, the Declaration shall be binding upon and shall inure to the benefit of Initial Owner and each subsequent Owner and their respective heirs, devisees, personal representatives, successors and assigns. Initial Owner and each subsequent Owner shall be fully discharged and relieved of liability with respect to the obligations of such party under the Declaration upon ceasing to own an interest in a lot and upon the payment of all sums and the performance of all other obligations of such party under the Declaration up to the time such party ceased to own an interest in a lot. Page 25 of 29 1111 1471414/ 'IWC illiii 11111 Receptianii: 792948 1011312040 06:12:26 PM Jean Alberico 26 or 29 Rep Fee:$151.00 Doc Fae:0.00 GARFIELD COUNTY CO 12.07: Successors to Initial Owner. The following shall be successors to Initial Owner: (a) any party to whom or which Initial Owner conveys all lots then owned by Initial Owner and assigns all rights of Initial Owner under the Declaration and who or which assumes all of Initial Owner's obligations under the Declaration; and (b) any Lienholder who or which obtains title to all Lots owned by Initial Owner through foreclosure of the Security Interest held by such Lienholder or through any proceeding in lieu of such foreclosure and who or which assumes all of Initial Owner's obligations under the Declaration. 12.08: Notices to Owners and Association. Each Owner shall register such Owner's mailing address with the Association, and except for statements for the assessments, notices of Association meetings, other routine notices and notices which may be sent in another manner in accordance with the provisions of the Declaration, all notices or demands intended to be served upon an Owner shall be sent by either registered or certified mail, postage prepaid, addressed in the naive of the Owner at such registered mailing address. If an Owner fails to register such Owner's mailing address with the Association, such Owner's mailing address shall be deemed to be the address of such Owner's lot. All notices, demands or other notices intended to be served upon the Association shall be sent certified mail, postage prepaid, to the address of the Association as designated in the Bylaws. 12.09: Severability. Invalidity or unenforceability of any provision of the Declaration in whole or in part shall not affect the validity or enforceability of any other provision or any valid and enforceable part of a provision of the Declaration. 12.10: Captions. The captions and headings in the Declaration are for convenience only and shall not be considered in construing any provisions of this Declaration. 12.11: Construction. When necessary for proper construction, the masculine of any word used in the Declaration shall include the feminine or neutered gender, and the singular the plural and vice versa. 12.12: Governing Law. The Declaration shall be governed by and construed under Colorado law. IN WITNESS WHEREOF, the parties have executed this Declaration on the day and year set forth next to their signatures. Page 26 of 29 I11i ��� � I��YGM`! ALli11141114:1,4111103Ciiii 1111 ReceptIon##: 792348 10!13!2010 05:12:28 Pf4 Jean Afbeeico 27 of 29 Roo Fee;$151.00 Doc Fee:O-00 GARFIELD COUNTY CO UNA DEVELOPMENT, LLC ` Date STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD ) Acknowledged and sworn b�fore me this tk4k day of Cr) ('^( C'� �.<.-1 2010, by LA�� t.-;, -7 77 1"%rr , Manager of Una Development, LLC. WITNESS my hand and official seal. 1 My commission expires: k* \ A k Notary Pubic Page 27 of 29 EaricagehmontwinkNIfileMitliiiii 11111 Reception0: 792948 10/13/2010 05:12:26 PM Jean Aiberico 28 of 29 Rec Fee:$151.00 Doo Fee:0.00 GARFIELD COUNTY CO EXHIBIT A Attached to and forming a part of the Declaration for Strong Subdivision and Planned Unit Development. LEGAL DESCRIPTION OF THE PROPERTY Lots 1 through 5, inclusive, of the Strong Subdivision and Planned Unit Development, according to the plat for Strong Subdivision and Planned Unit Development recorded , 2010, at Reception # of the real estate records of Garfield County, CO. Page 28 of 29 1111n,l ifrlIfR>! I61r,I> r ,M 11111 11 111 Reception#: 792848 10/13/2010 05:12:26 PM Jean Alberico 29 of 29 Reo Fee:$151.00 Doc Fee:0.00 GARFIELD COUNTY CO EXHIBIT B Attached to and forming a part of the Declaration for Strong Subdivision and Planned Unit Development. MATTERS TO WHICH TITLE TO THE COMMON AREA MAY BE SUBJECT 1] Real property taxes and assessments for the year of conveyance, due and payable the subsequent year. 2] All matters set forth on the Final Plat of the Strong Subdivision and Planned Unit Development, recorded , 2010, at Reception Number of the real estate records of Garfield County, CO, and all amendments and supplements thereto thereafter recorded in the real estate records of Garfield County, CO 3] The provisions of the Planned Unit Development Guide for Strong Subdivision and PUD, which was recorded February 3, 2009, at Reception Number 762609 of the real estate records of Garfield County, CO. Page 29 of29 1111 NinfirM14,1 11111 RecQption#: 762609 02103,2009 01:45:19 RM Joao A1berioo 1 of 14 Rec Fee:30.00 Doc Fee:0.AO GARFIELD COUNTY CO STATE OF COLORADO )ss County of Garfield At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held in the Commissioners' Meeting Room, Garfield County Courthouse, in Glenwood Springs on, Monday, the 8`h day of December A.D. 2008, there were present: John Martin Larry McCown Tarsi Haupt DeboraltQuinn Marian Clayton for Jean Alberico Ed Green (absent) Commissioner Chairman , Commissioner , Commissioner , Assistant County Attorney , Clerk of the Board , County Manager when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 2 009 —08 A RESOLUTION CONCERNED WITH THE APPROVAL OF A ZONE DISTRICT AMENDMENT FROM AGRICULTURAL RESIDENTIAL RURAL DENSITY TO THE STRONG PLANNED UNIT DEVELOPMENT LOCATED ON COUNTY ROAD 300 SOUTH OF PARACHUTE, COLORADO, GARFIELD COUNTY PARCEL NO# 2409-273-00-002 Recitals A. The Board of County Commissioners of Garfield County, Colorado, received a request for a zone district amendment to change the zoning designation for a parcel from AIR/RD to Planned Unit Development. B. The parcel is located in the SW '/4 of the SW 1/4 of Section 27, Township 7 South, Range 96 West within a 17.578 -acre property owned by George and Leslie Strong, and located at 70 CR 300 south of Parachute, CO. C. The subject property was designated as Agricultural Residential Rural Density (A/R/RD) zone district, and pursuant to this action will be henceforth be contained within the Strong Planned Unit Development zone district as more fully described in attached Exhibit A and graphically represented in Exhibit C. D. The Board is authorized to permit a zone district amendment for a Planned Unit 1 c41-- 1111 ir.‘10,1ViEN1Vf 1111 Reception$$: 762609 02!0312009 OI 45.19 PM Jean ASberico 2 of 14 Rep Fee:S0.00 Doc Fee:0.00 GARFI£LD COUNTY CO Development pursuant to Section 4.0 and Section 10.0 of the Zoning Resolution of 1978, as amended. E. The Planning Commission opened a public hearing on October 8, 2008 and continued the hearing to October 22, 2008 at which time the Commission, in a unanimous vote, recommended approval with conditions to the Board of County Commissioners. F. The Board of County Commissioners opened a public hearing on the 8th day of December, 2008 upon the question of whether the above-described zone district amendment to PUD should be granted or denied, during which hearing the public and interested persons were given the opportunity to express their opinions regarding the amendment. G. The Board of County Commissioners closed the public hearing on the 8th day of December, 2008 to make a final decision. H. The Board on the basis of substantial competent evidence produced at the aforementioned hearing, has made the following determinations of fact: 1. Proper posting and public notice were provided as required for the meeting before the Board of County Commissioners. 2. The meeting before the Board of County Commissioners was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at that meeting. 3. The above stated and other reasons, the proposed zone district amendment has been determined to be in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. 4. The application has met the requirements of PUD (Section 4.0) and Amendment (Section 10.0) the Garfield County Zoning Resolution of 1978, as amended. RESOLUTION NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado, that: A. The forgoing Recitals are incorporated by this reference as part of the resolution.. B. A Zone District Amendment from Agricultural Residential Rural Density to PIanned Unit Development for the Strong PUD located at 70 CR 300, south of the Town of Parachute, Garfield County is hereby approved subject to compliance with the following conditions: 2 1111InF1If fi WMAWf 1,MIYUf4,1Il! RQceptionq: 762669 02/03/2009 01:45:19 PM Jean A1berico 3 of 14 Rec Fee:SO.00 Doc Fee:0.00 GARFIELD COUNTY CO 1. That all representations made by the Applicants in the application and as testimony in the public hearings before the Planning Commission and Board of County Commissioners shall be conditions of approval, unless specifically altered by the Board of County Commissioners. 2. Declaration of Protective Covenants must be provided, consistent with the PUD Guide and other documentation provided and revised per Staff comments, referenced on and recorded with the Final Plat for the development. 3. The PUD Guide shall include a PUD Development Plan and the PUD Guide shall be attached as EXHIBIT 13 to the Resolution approving the Zone District Amendment. Dated this day of re-�' sA.D Co . .2 • i SEAL ATTEST: erk of the Board , A.D. 20c2 . GARFIE CO DLO D CO SIONERS, 0 Y BOARD OF ARFIELD COUNTY, Chai Upon motion duly made and seconded th following vote: n was adopted CQMMISSIONER CHAIR JOHN F. MARTIN COMMISSIONER LARRY L. MCCOWN COMMISSIONER TRESI HOUPT STATE OF COLORADO County of Garfield ) )ss y the County Clerk and ex -officio Clerk of the Board of County Commissioners, in and for the County and State aforesaid, do hereby certify that the annexed and foregoing Resolution is truly copied from the Records ofthe Proceeding ofthe Board of County Commissioners for said Garfield County, now in my office. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County, at Glenwood Springs, this day of , A.D. 20 3 ■III ri PAWN KWIC WNW, MIN 1101 Rcception#: 762609 02103(2009 Of:45:19 pM Jean Aiberioo 4 of 14 Rec Fee.S0.00 Doc Fee:0.00 CARFIELD COUNTY CO County Clerk and ex -officio Clerk of the Board of County Commissioners 4 1111♦ �,'��4'�FI�Fl4' 14f1� I�+�I . � htE �I��� 11111 Reception#: 762609 02103/2009 D1 45:19 PM Jean Rlberico 5 o1 14 Rec Fv■:$0.00 DOG FeerD.00 GARFIELD COUNTY CO EXHIBIT A Legal Description A Parcel of land located in the SW1/4 of Section 27, Township 7 South, Range 96 West of the 6th P.M. Beginning at the corner for section 27, 28, 33 and 34; thence along the west line of the SW '/4 SW % of Section 27, No1°57'23'W 157.90 feet to the right of way for the Denver Rio Grand Western Rail Road; thence along said right of way, N55°29'20"E 1544.32 feet to the east line of the SW Y4 SW % of said Section 27; thence along the said east line. S01 °43'44-E 1021.22 feet to the west 1/18 comer between said Section 27, S89°27'37'W 1297.94 feet to the point of ginning. 1111 i�"�� �� �i�ii�ill�i �;1 fi�r�,G441t �11��H' 11111 ReceptUon0: 762609 02163!2009 61:45:19 PM Jean ALb/Irfco 6 of 14 Rec Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO EXHIBIT B STRONG PLANNED UN#T DEVELOPMENT GUIDE IIII relNrri!'n Pi1 AtiV,IIIA let NW 111,1 11111 ReeeptIon#: 762609 02/63/2009 01.45.is PM Jean Alberioo 7 or 18 Rec Fae.S0.00 Doc Fee:0,GO GfRF1ELD COUNTY CO STRONG PLANNED UNIT DEVELOPMENT ZONING AND DEVELOPMENT CONTROL GUIDE Al Purpose To regulate land uses and impacts and to assure orderly use and maintenance of the development. B] Zone districts within the PUD 1] Resource Support (RS) Zone District 2] Utility and Easement (UE) Zone District C] Definitions Communication Facility - A nonresidential structure supporting antennae and microwave dishes that disseminate radio frequency signals, including television and data impulses through space by means of radio and electromagnetic waves. Communication facilities include structures, towers and accessory buildings. Contractor ¥aid - The use of land within the PUD for the purpose of storing machinery, equipment and supplies for businesses that provide services to clients through the use of machinery, equipment and supplies. Such use may include office and repair facilities. Repair facilities and operations may be conducted within or outside of structures. Fabrication - The act of creating materials or products. Examples include, but are not limited to cabinet-making, woodworking, metal working, glazing, machining and welding, mixing of drilling fluids and similar materials. General Storaee - The keeping of goods, materials, equipment, supplies, tools, machinery, automobiles and similar items. General storage is allowed within storage buildings or warehouses constructed within the PUD and also as open storage, in an orderly manner, within the boundaries of individual PUD lots. Long term storage of inoperable machines or vehicles shall not be allowed. Heavy Equipment - Generally inclusive of large vehicles such as graders, earthmovers, cranes, oil and gas field equipment and similar vehicles and equipment, or any vehicle having a gross weight of 6000 pounds or greater. Material Handling - The loading or unloading of goods, materials, and products, in bulk. Strong Subdivision Planned Unit .Development Guide Page 1 of 7 110 P1l,,vi w ' i N'. 'PAi.v. mrimr, vaiti 11111 41' Receptlontl: 762669 02103l2DD9 01:48:19 PM Jean Rlberico 8 of la Rec Fee:SO.00 Doc Fee.0.00 GRRrlELO COUNTY CO Processing - Change in the physical state or chemical composition of !natter. Examples include, but are not limited to, sawmill, creation of glass, ceramic or plastic materials, concrete and asphalt batch plants. Solar Power Generating System aka Solar Array - A device or system that converts the sun's radiant energy into thermal, chemical or electric energy. Such facilities are intended to create electricity to be delivered to a variety of consumers beyond the facility. Storage of Oil and Gas Drilling Equipment and Supplies- The short-term or long-term storage of materials and supplies that are typically used in prospecting, drilling and servicing of oil and gas wells. Warehouse and Distribution Center - A structure or structures used principally for the inside storage and distribution of goods and materials, which includes land and buildings used as a relay station for the transfer of goods from one vehicle or party to another, and the parking and storage of tractor and/or other trailer units. D] Uses By Right - Resource Support District 1] Business offices associated with any categorized use. A] Business offices shall not exceed 1500 square feet. B] Lot 1 shall be allowed two business offices, each up to 1500 square feet in size, each allowed up to three (3) full-time employees. '9 C] Business offices on lots 2 through 5 shall be allowed one office on each lot and up to four (4) full-time employees per office. ] Business offices may be freestanding or incorporated into another structure. 2] Contractor Yard 3] Fabrication 4] General Storage 5] Storage of Heavy Equipment 6] Storage of OiI and Gas Drilling Equipment and Supplies 7] Communication Facility 8] Solar Power Generating System 9] Materials lab and testing 10] Material Handling El Uses Allowed by Special Review Resource Support District I] Processing 2] Warehouse and Distribution Center 3] Concrete and asphalt batch plant(s) All uses Billowed within the PUD by Special Use Review must receive approval by Garfield County prior to inception of the use. Strong Subdivision Planned Unit Development Guide Page 2 of 7 1I�«rillAvlAnKRI1rii MIIVir,11TI l111,i 11111 R ecep t ionli : 762609 02/0/2009 0145:19 PM Jean Rlberlco 9 of 14 Rae Fee:20.00 Doc Fee:0.00 GARFIELD COUNTY CO F] Uses Allowed by Right - Utility and Easement District 1] Installation and maintenance of utilities 2] Irrigation and drainage facilities and related structures 3] Access roads and driveways G] Lot Coverage and Setbacks Lot Coverage - Each individual parcel within'the PUD is allowed to have structures, either singular or multiple, that may cover a maximum of 15% of the total lot area. Setbacks 1] Building Setback from County Road edge of right of way - 25 feet 2] Storage Setback from County Road edge of right of way - 15 feet 3] Setback from internal road system - 5 feet 4) Setback from reserved easements - 5 feet 5] Internal Lot Line Setbacks - zero (0) feet where lot lines are delineated by a fence or similar structure H] Maximum Height of Structures Within the FUD 1] Structure Height: 35 feet 2] Storage silos may be up to 40 feet in height. 1] Parking 1] Office Parking Requirements: One (1) space per 200 square feet of office floor area. 2] Parking for storage purposes: Shall be allowed on the entire impervious area of a lot. 3] Parking shall not be allowed on or within the PUD road rights-of-way or easements. 4] One parking space per each full-time employee shall be provided on each parcel. This requirement is to be demonstrated at time of building permit submittal. .1] Fencing II Perimeter fencing is required on all parcels in the PUD. 2] No fencing shall be placed in any easement that will obstruct the function of the easement. 3] Maximum height of the fencing on any lot is restricted to ten (10) feet. If barbed wire will be utilized, it must be at least 6 feet off the ground. 4] Individual parcel owners or the lessee of the individual parcel shall be responsible for maintenance and upkeep of the fencing surrounding the parcel. 5) Any fencing that is shared by adjacent lots shall be maintained jointly by the adjacent parcel owners or lessees. Strang Subdivision Planned Unit Development Guide Page 3 of 7 X111 fnt ii16111\KWIC' 10:14414/Piiii.Nii 11111 Recepttonhl: 75Z509 92!9312009 01:45:19 PM Jean Rlberlco 10 of is Rec Fee $4.00 Ooc Fee:D.00 GPRF[ELI COUNTY CO K] Lighting 11 All lighting shall be downcast and shaded to limit glare or reflection on adjacent property. 2j Height of exterior lighting shall be limited to 20 feet. L] Signage 11 Each parcel shall be allowed no more than two (2) signs. One sign is allowed to be placed on a wall of a structure or building, the second sign may be placed anywhere within the boundary of the parcel. A] Wali Signs - may be up to 64 square feet in size. 13] Lot Siens - may be up to 32 square feet in size. Performance Standards This section shall regulate the operation of the allowed land uses within the PUD. The standards are intended to ensure compliance with the Industrial Performance Standards generally accepted by Garfield County. All operations shall be conducted in such a manner as to minimize heat, dust, smoke, vibration, glare and odor and all other undesirable environmental effects beyond the boundaries of the property. The Parcel Owner's Association shall be responsible for any enforcement action required under these regulations. Sound: Volume of sound generated shall comply with the standards set forth in the Colorado Revised Statutes; V'tration generated: Every use shall be so operated that the ground vibration inherently and recurrently generated is not perceptible, without the use of instruments, at any point of any boundary line of the property on which the use is located; Emission of smoke and oarticulate matter; Every use shall be operated so as to comply with all federal, state and county air quality laws, regulations and standards; Emission of heat glare, radiation and furnes: Every use shall be operated so that it does not emit, heat, glare, radiation or fumes that substantially interfere with the existing use of adjoining property or that constitute a public nuisance or hazard. Flaring of gases, aircraft warning signals, reflective painting of storage tanks, or other such operations which may he required by law as safety or pollution control measures shall be exempted from these provisions. Strong Subdivision Planned 'Unit Development Guide Page 4 of 7 1111 PASerthimMit l' T & 14NriYINDMIN 1111 Reception#: 762609 02!0312009 91;45:19 PIS Jean Alberlco 11 of 14 Rec Fee;$0.00 Doo Fee:0,00 CARFIELD COUNTY CO All storage areas shall be operated within the following performance standards: 1] Storage of flammable or explosive solids or gases shall be in accordance with accepted standards and laws and shall comply with federal, state and local fire codes and written recommendations from the appropriate local fire protection district. 2] No materials or wastes shall be deposited on any lot within the PUD in such manner or form that they may be transferred off the property by any reasonable foreseen natural causes or forces. 3] Storage of heavy equipment will be allowed subject to the following standards: A] All equipment storage will be enclosed in an area with screening at least eight (8) feet in height and obscured from view at the sarne elevation or lower. B] Repair and maintenance activities requiring the use of equipment that will generate noise, odors or glare beyond the property boundaries may be conducted within a building or outdoors, so long as negative effects caused by these operations are not transmitted off the PUD site. Outdoor heavy equipment operation hours shall be between the hours of 6 am and 8 pm. C] All loading and unloading of vehicles shall be conducted on private property within the PUD and shall not be conducted on any development right-of-way. 4) Potential for water pollution: If any use is conducted in a manner whereby potential water pollution could occur, the use shall be required to install safeguards designed to comply with the regulations of all federal, state and county regulatory agencies. 5] All purchasers, leaseholders, occupants or users of the development are required to follow all regulations imposed herein. 6] All drainage ways, drainage structures, culverts, erosion control devices, detention ponds, etc., as approved and installed, must be kept in good useable condition. The parcel owner or the lessee shall be the entity responsible for maintenance and upkeep within the boundaries of the owned or leased parcel. 7] Control of fugitive dust on access roads and easements within the development is the responsibility of the Parcel Owners Association. Individual lot owners or lessees shall be responsible for the control of fugitive dust on individual parcels. 8] On lot fuel storage shall be limited to a single storage tank of up to one thousand (1000) gallons per developable lot. Adequate spill containment structures shall be designed and constructed for any parcel on which fuel is stored. The containment structure shall be capable of holding 110% of the maximum volume of the fuel storage tank and shall comply with all Federal, State and local regulations. Strong Subdivision Planned Unit' Development Guide Page S of 7 111 FYItelliTAM6#igfii lerhilt:114,5761 014 11111 Reception#: 762609 02103!2009 01:45:19 PM ,lean Rlberica 12 of 14 Ric fee:$0.0© Doc Fee 6.06 GRRFIELD COUNTY CO 9] Parcels within the development may be used in tandem without being considered to have merged in title. However, no resubdivision of the original five (5) parcels shall be allowed. 10] Fire extinguishers shall be required to be kept and maintained on each parcel. The fire extinguisher shall be placed in a conspicuous location with ease of access being mandatory. 11 ] All fabrication and repair operations shall be conducted within a building. 12] All storage of heavy equipment shall be within a building or enclosed within a fenced area and screened from view along the County Road. 131 All on-site refuse containers must have functioning lids and proper care shall be taken to ensure no trash is removed from the container by the forces of nature. 14] Prior to building permit submittal to Garfield County for any parcel within the PUD, a Phase One Environmental Site Assessment, within the scope of American Society for Testing and Materials Practice E 1527-05, as the same may be amended, shall be performed by the lot owner or lot lessee at the expense of the lot owner or lot lessee. Prior to abandonment of the site by the lot owner or lot lessee, a Phase One Environmental Study shall be completed and any remediation necessary, as identified by the Study, shall be completed by the lot owner or lessee at his expense. 15] A Public Water System will be permitted through Colorado Department of Public Health and Environment at such time the water system is expected to regularly serve an average of 25 individuals for an average of 60 days per year. General Allowances, Maintenance and Upkeep of the Land Within the Development 1] All uses of land and structures within the Development shall be iri an orderly fashion. No use of the land shall be for the long-term storage (defined as storage in excess of 120 days) of inoperable machinery, equipment, automobiles or waste materials such as trash, tires, pallets, empty drums or any similar items. All vehicles stored within the PUD shall maintain current Colorado registrations and licenses. 2] No outside watering of landscaping shall be allowed within the PUD unless an individual lot owner or lessee obtains a sufficient amount of irrigation water and applies for the necessary permits. 3] Individual parcel owners or lessees shall be responsible for weed control on their respective parcel(s). Weeds shall not be allowed to thrive anywhere within the boundaries of the development. Strong Subdivision Planned Unit Development Guide Page 6 of 7 1111E6 illigalir1uef 4 leihi1ig4 h' il.111 11111 Receptlonti: 762509 02/03/2009 ! 45:19 P11 Jean Plberica 13 of 14 Ree Fee:S0.00 Doc FQe:0.00 C1RFLELD COUNTY CO 4] All storage of materials shall be conducted in strict compliance with state and f deral regulations. All required documentation shall be kept on-site and open for inspection. 5] All buildings and structures shall be finished with earth -tone colors, except where required by safety considerations. 6] Leasehold interests in individual parcels shall be allowed. Parcel 1 may have two (2) leasehold interests. Parcels 2 through 5, inclusive, are each allowed one (1) leasehold interest. 7] Individual parcels shall be allowed one (1) categorized use, as contained in Sections D and E herein, per leasehold or ownership interest. The uses may change, however, only one categorized use shall be allowed to be in operation at any given time. 8] Engineered individual sewage disposal systems are required for each lot. 9] One mobile office trailer is allowed on each parcel and may only be utilized in conformance with Section D(1) of these regulations. The mobile office trailer is temporary and must be removed upon issuance of the certificate of occupancy for the permanent office. 10] All hazardous and flammable materials are required to be handled in strict conformance with state and federal regulations. Strong Subdivision Planned Unit Development Guide Page 7 of 7 1111 INVALfi`AR'hi,r i,likl'++eliel.,1161,16Illi Reception#: 762609 02!03!2009 01:45:19 PM Jean Alberico 14 of 14 Rec Fee:SO.00 Doc Fee:0.0O GARFIELD COUNTY CO 1 1 ( BIN 4a El A Y '4 1 0 yP A d 6 i e 0 • a t 1 ti a a s.