HomeMy WebLinkAbout1.0 Application_Part4HCM Signalized Intersection Capacity Analysis 2: State Highway 82 & County Road 100
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NBR reduced by 40%Synchro 5 Report
6/26/2008 Page 1
DREXELBOUL-ST51
Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR
Lane Configurations
Ideal Flow (vphpl) 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900
Total Lost time (s) 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0
Lane Util. Factor 1.00 0.95 1.00 1.00 0.95 1.00 1.00 1.00
Frt 1.00 1.00 0.85 1.00 1.00 0.85 0.92 0.96
Flt Protected 0.95 1.00 1.00 0.95 1.00 1.00 0.99 0.98
Satd. Flow (prot) 1770 3539 1583 1770 3539 1583 1684 1762
Flt Permitted 0.95 1.00 1.00 0.95 1.00 1.00 0.91 0.78
Satd. Flow (perm) 1770 3539 1583 1770 3539 1583 1555 1399
Volume (vph) 38 1603 88 102 405 4 63 34 164 23 22 17
Peak-hour factor, PHF 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92
Adj. Flow (vph) 41 1742 96 111 440 4 68 37 178 25 24 18
Lane Group Flow (vph) 41 1742 96 111 440 4 0 283 0 0 67 0
Turn Type Prot Perm Prot Perm Perm Perm
Protected Phases 7 4 3 8 2 6
Permitted Phases 4 8 2 6
Actuated Green, G (s) 4.6 69.9 69.9 10.4 75.7 75.7 27.5 27.5
Effective Green, g (s) 5.6 71.9 71.9 11.4 77.7 77.7 28.5 28.5
Actuated g/C Ratio 0.05 0.58 0.58 0.09 0.63 0.63 0.23 0.23
Clearance Time (s) 5.0 6.0 6.0 5.0 6.0 6.0 5.0 5.0
Vehicle Extension (s) 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0
Lane Grp Cap (vph) 80 2055 919 163 2221 994 358 322
v/s Ratio Prot 0.02 c0.49 c0.06 0.12
v/s Ratio Perm 0.06 0.00 c0.18 0.05
v/c Ratio 0.51 0.85 0.10 0.68 0.20 0.00 0.79 0.21
Uniform Delay, d1 57.8 21.4 11.6 54.4 9.8 8.6 44.8 38.5
Progression Factor 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00
Incremental Delay, d2 5.4 3.5 0.1 11.1 0.0 0.0 11.3 0.3
Delay (s) 63.2 24.9 11.6 65.6 9.8 8.6 56.1 38.8
Level of Service E C BEAA E D
Approach Delay (s) 25.0 21.0 56.1 38.8
Approach LOS C C E D
Intersection Summary
HCM Average Control Delay 27.7 HCM Level of Service C
HCM Volume to Capacity ratio 0.82
Actuated Cycle Length (s) 123.8 Sum of lost time (s) 12.0
Intersection Capacity Utilization 87.7% ICU Level of Service D
c Critical Lane Group
HCM Signalized Intersection Capacity Analysis 2: State Highway 82 & County Road 100
H:\E5875\Reports\Traffic\Synchro-reduced NBR\2009 Background PM.sy6
NBR reduced by 40%Synchro 5 Report
6/26/2008 Page 1
DREXELBOUL-ST51
Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR
Lane Configurations
Ideal Flow (vphpl) 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900
Total Lost time (s) 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0
Lane Util. Factor 1.00 0.95 1.00 1.00 0.95 1.00 1.00 1.00
Frt 1.00 1.00 0.85 1.00 1.00 0.85 0.94 0.93
Flt Protected 0.95 1.00 1.00 0.95 1.00 1.00 0.98 0.99
Satd. Flow (prot) 1770 3539 1583 1770 3539 1583 1718 1716
Flt Permitted 0.95 1.00 1.00 0.95 1.00 1.00 0.85 0.97
Satd. Flow (perm) 1770 3539 1583 1770 3539 1583 1488 1672
Volume (vph) 17 577 44 377 1508 8 113 34 109 3 7 12
Peak-hour factor, PHF 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92
Adj. Flow (vph) 18 627 48 410 1639 9 123 37 118 3 8 13
Lane Group Flow (vph) 18 627 48 410 1639 9 0 278 0 0 24 0
Turn Type Prot Perm Prot Perm Perm Perm
Protected Phases 7 4 3 8 2 6
Permitted Phases 4 8 2 6
Actuated Green, G (s) 2.5 37.6 37.6 21.0 56.1 56.1 27.9 27.9
Effective Green, g (s) 3.5 39.6 39.6 22.0 58.1 58.1 28.9 28.9
Actuated g/C Ratio 0.03 0.39 0.39 0.21 0.57 0.57 0.28 0.28
Clearance Time (s) 5.0 6.0 6.0 5.0 6.0 6.0 5.0 5.0
Vehicle Extension (s) 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0
Lane Grp Cap (vph) 60 1367 612 380 2006 897 420 471
v/s Ratio Prot 0.01 0.18 c0.23 c0.46
v/s Ratio Perm 0.03 0.01 c0.19 0.01
v/c Ratio 0.30 0.46 0.08 1.08 0.82 0.01 0.66 0.05
Uniform Delay, d1 48.3 23.5 19.9 40.2 17.9 9.7 32.5 26.8
Progression Factor 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00
Incremental Delay, d2 2.8 0.2 0.1 68.9 2.7 0.0 3.9 0.0
Delay (s) 51.1 23.7 20.0 109.2 20.6 9.7 36.4 26.9
Level of Service D C B F C A D C
Approach Delay (s) 24.2 38.2 36.4 26.9
Approach LOS CDDC
Intersection Summary
HCM Average Control Delay 34.8 HCM Level of Service C
HCM Volume to Capacity ratio 0.82
Actuated Cycle Length (s) 102.5 Sum of lost time (s) 8.0
Intersection Capacity Utilization 81.3% ICU Level of Service D
c Critical Lane Group
HCM Signalized Intersection Capacity Analysis 2: State Highway 82 & County Road 100
H:\E5875\Reports\Traffic\Synchro-reduced NBR\2009 Total AM.sy6
Reduce NBR by 40%Synchro 5 Report
6/26/2008 Page 1
DREXELBOUL-ST51
Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR
Lane Configurations
Ideal Flow (vphpl) 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900
Total Lost time (s) 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0
Lane Util. Factor 1.00 0.95 1.00 1.00 0.95 1.00 1.00 1.00
Frt 1.00 1.00 0.85 1.00 1.00 0.85 0.92 0.95
Flt Protected 0.95 1.00 1.00 0.95 1.00 1.00 0.99 0.98
Satd. Flow (prot) 1770 3539 1583 1770 3539 1583 1686 1743
Flt Permitted 0.95 1.00 1.00 0.95 1.00 1.00 0.90 0.79
Satd. Flow (perm) 1770 3539 1583 1770 3539 1583 1536 1393
Volume (vph) 38 1603 90 106 405 4 69 36 172 23 23 27
Peak-hour factor, PHF 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92
Adj. Flow (vph) 41 1742 98 115 440 4 75 39 187 25 25 29
Lane Group Flow (vph) 41 1742 98 115 440 4 0 301 0 0 79 0
Turn Type Prot Perm Prot Perm Perm Perm
Protected Phases 7 4 3 8 2 6
Permitted Phases 4 8 2 6
Actuated Green, G (s) 5.1 76.9 76.9 13.5 85.3 85.3 31.2 31.2
Effective Green, g (s) 6.1 78.9 78.9 14.5 87.3 87.3 32.2 32.2
Actuated g/C Ratio 0.04 0.57 0.57 0.11 0.63 0.63 0.23 0.23
Clearance Time (s) 5.0 6.0 6.0 5.0 6.0 6.0 5.0 5.0
Vehicle Extension (s) 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0
Lane Grp Cap (vph) 78 2029 908 187 2245 1004 359 326
v/s Ratio Prot 0.02 c0.49 c0.06 0.12
v/s Ratio Perm 0.06 0.00 c0.20 0.06
v/c Ratio 0.53 0.86 0.11 0.61 0.20 0.00 0.84 0.24
Uniform Delay, d1 64.3 24.7 13.3 58.9 10.5 9.2 50.2 42.8
Progression Factor 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00
Incremental Delay, d2 6.3 3.9 0.1 5.9 0.0 0.0 15.6 0.4
Delay (s) 70.6 28.5 13.4 64.8 10.5 9.2 65.8 43.2
Level of Service E C BEBA E D
Approach Delay (s) 28.6 21.7 65.8 43.2
Approach LOS C C E D
Intersection Summary
HCM Average Control Delay 31.6 HCM Level of Service C
HCM Volume to Capacity ratio 0.83
Actuated Cycle Length (s) 137.6 Sum of lost time (s) 12.0
Intersection Capacity Utilization 88.9% ICU Level of Service D
c Critical Lane Group
HCM Signalized Intersection Capacity Analysis 2: State Highway 82 & County Road 100
H:\E5875\Reports\Traffic\Synchro-reduced NBR\2009 Total PM.sy6
NBR reduced by 40%Synchro 5 Report
6/26/2008 Page 1
DREXELBOUL-ST51
Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR
Lane Configurations
Ideal Flow (vphpl) 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900
Total Lost time (s) 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0
Lane Util. Factor 1.00 0.95 1.00 1.00 0.95 1.00 1.00 1.00
Frt 1.00 1.00 0.85 1.00 1.00 0.85 0.94 0.93
Flt Protected 0.95 1.00 1.00 0.95 1.00 1.00 0.98 0.99
Satd. Flow (prot) 1770 3539 1583 1770 3539 1583 1718 1727
Flt Permitted 0.95 1.00 1.00 0.95 1.00 1.00 0.85 0.97
Satd. Flow (perm) 1770 3539 1583 1770 3539 1583 1488 1686
Volume (vph) 17 577 51 392 1508 8 117 36 114 3 9 12
Peak-hour factor, PHF 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92
Adj. Flow (vph) 18 627 55 426 1639 9 127 39 124 3 10 13
Lane Group Flow (vph) 18 627 55 426 1639 9 0 290 0 0 26 0
Turn Type Prot Perm Prot Perm Perm Perm
Protected Phases 7 4 3 8 2 6
Permitted Phases 4 8 2 6
Actuated Green, G (s) 2.6 37.8 37.8 20.8 56.0 56.0 30.2 30.2
Effective Green, g (s) 3.6 39.8 39.8 21.8 58.0 58.0 31.2 31.2
Actuated g/C Ratio 0.03 0.38 0.38 0.21 0.55 0.55 0.30 0.30
Clearance Time (s) 5.0 6.0 6.0 5.0 6.0 6.0 5.0 5.0
Vehicle Extension (s) 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0
Lane Grp Cap (vph) 61 1344 601 368 1959 876 443 502
v/s Ratio Prot 0.01 0.18 c0.24 c0.46
v/s Ratio Perm 0.03 0.01 c0.19 0.02
v/c Ratio 0.30 0.47 0.09 1.16 0.84 0.01 0.65 0.05
Uniform Delay, d1 49.4 24.5 20.9 41.5 19.5 10.5 32.1 26.2
Progression Factor 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00
Incremental Delay, d2 2.7 0.3 0.1 97.2 3.3 0.0 3.5 0.0
Delay (s) 52.1 24.8 20.9 138.7 22.7 10.5 35.6 26.3
Level of Service D C C F C B D C
Approach Delay (s) 25.2 46.5 35.6 26.3
Approach LOS CDDC
Intersection Summary
HCM Average Control Delay 40.5 HCM Level of Service D
HCM Volume to Capacity ratio 0.84
Actuated Cycle Length (s) 104.8 Sum of lost time (s) 8.0
Intersection Capacity Utilization 82.0% ICU Level of Service D
c Critical Lane Group
HCM Signalized Intersection Capacity Analysis 2: State Highway 82 & County Road 100
H:\E5875\Reports\Traffic\Synchro-fixed\2009 Background AM.sy6
NBR free right added Synchro 5 Report
6/26/2008 Page 1
DREXELBOUL-ST51
Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR
Lane Configurations
Ideal Flow (vphpl) 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900
Total Lost time (s) 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0
Lane Util. Factor 1.00 0.95 1.00 1.00 0.95 1.00 1.00 1.00 1.00
Frt 1.00 1.00 0.85 1.00 1.00 0.85 1.00 0.85 0.96
Flt Protected 0.95 1.00 1.00 0.95 1.00 1.00 0.97 1.00 0.98
Satd. Flow (prot) 1770 3539 1583 1770 3539 1583 1804 1583 1762
Flt Permitted 0.95 1.00 1.00 0.95 1.00 1.00 0.75 1.00 0.82
Satd. Flow (perm) 1770 3539 1583 1770 3539 1583 1400 1583 1480
Volume (vph) 38 1603 88 102 405 4 63 34 164 23 22 17
Peak-hour factor, PHF 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92
Adj. Flow (vph) 41 1742 96 111 440 4 68 37 178 25 24 18
Lane Group Flow (vph) 41 1742 96 111 440 4 0 105 178 0 67 0
Turn Type Prot Perm Prot Perm Perm Free Perm
Protected Phases 7 4 3 8 2 6
Permitted Phases 4 8 2 Free 6
Actuated Green, G (s) 5.0 77.9 77.9 11.0 83.9 83.9 12.6 117.5 12.6
Effective Green, g (s) 6.0 79.9 79.9 12.0 85.9 85.9 13.6 117.5 13.6
Actuated g/C Ratio 0.05 0.68 0.68 0.10 0.73 0.73 0.12 1.00 0.12
Clearance Time (s) 5.0 6.0 6.0 5.0 6.0 6.0 5.0 5.0
Vehicle Extension (s) 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0
Lane Grp Cap (vph) 90 2407 1076 181 2587 1157 162 1583 171
v/s Ratio Prot 0.02 c0.49 c0.06 0.12
v/s Ratio Perm 0.06 0.00 c0.07 0.11 0.05
v/c Ratio 0.46 0.72 0.09 0.61 0.17 0.00 0.65 0.11 0.39
Uniform Delay, d1 54.2 11.8 6.4 50.5 4.9 4.3 49.7 0.0 48.1
Progression Factor 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00
Incremental Delay, d2 3.6 1.1 0.0 6.0 0.0 0.0 8.6 0.1 1.5
Delay (s) 57.8 12.9 6.4 56.6 4.9 4.3 58.3 0.1 49.6
Level of Service EBAEAA EA D
Approach Delay (s) 13.6 15.2 21.7 49.6
Approach LOS B B C D
Intersection Summary
HCM Average Control Delay 15.6 HCM Level of Service B
HCM Volume to Capacity ratio 0.70
Actuated Cycle Length (s) 117.5 Sum of lost time (s) 12.0
Intersection Capacity Utilization 76.7% ICU Level of Service C
c Critical Lane Group
HCM Signalized Intersection Capacity Analysis 2: State Highway 82 & County Road 100
H:\E5875\Reports\Traffic\Synchro-fixed\2009 Background PM.sy6
NB free right added Synchro 5 Report
9/19/2008 Page 1
DREXELBOUL-ST51
Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR
Lane Configurations
Ideal Flow (vphpl) 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900
Total Lost time (s) 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0
Lane Util. Factor 1.00 0.95 1.00 1.00 0.95 1.00 1.00 1.00 1.00
Frt 1.00 1.00 0.85 1.00 1.00 0.85 1.00 0.85 0.93
Flt Protected 0.95 1.00 1.00 0.95 1.00 1.00 0.96 1.00 0.99
Satd. Flow (prot) 1770 3539 1583 1770 3539 1583 1794 1583 1716
Flt Permitted 0.95 1.00 1.00 0.95 1.00 1.00 0.76 1.00 0.96
Satd. Flow (perm) 1770 3539 1583 1770 3539 1583 1416 1583 1661
Volume (vph) 17 577 44 377 1508 8 113 34 109 3 7 12
Peak-hour factor, PHF 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92
Adj. Flow (vph) 18 627 48 410 1639 9 123 37 118 3 8 13
Lane Group Flow (vph) 18 627 48 410 1639 9 0 160 118 0 24 0
Turn Type Prot Perm Prot Perm Perm Free Perm
Protected Phases 7 4 3 8 2 6
Permitted Phases 4 8 2 Free 6
Actuated Green, G (s) 2.3 35.9 35.9 22.1 55.7 55.7 12.0 86.0 12.0
Effective Green, g (s) 3.3 37.9 37.9 23.1 57.7 57.7 13.0 86.0 13.0
Actuated g/C Ratio 0.04 0.44 0.44 0.27 0.67 0.67 0.15 1.00 0.15
Clearance Time (s) 5.0 6.0 6.0 5.0 6.0 6.0 5.0 5.0
Vehicle Extension (s) 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0
Lane Grp Cap (vph) 68 1560 698 475 2374 1062 214 1583 251
v/s Ratio Prot 0.01 0.18 c0.23 c0.46
v/s Ratio Perm 0.03 0.01 c0.11 0.07 0.01
v/c Ratio 0.26 0.40 0.07 0.86 0.69 0.01 0.75 0.07 0.10
Uniform Delay, d1 40.2 16.3 13.9 29.9 8.7 4.7 34.9 0.0 31.4
Progression Factor 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00
Incremental Delay, d2 2.1 0.2 0.0 14.9 0.9 0.0 13.3 0.1 0.2
Delay (s) 42.3 16.5 13.9 44.9 9.6 4.7 48.2 0.1 31.6
Level of Service D B B D A A D A C
Approach Delay (s) 17.0 16.6 27.8 31.6
Approach LOS B B C C
Intersection Summary
HCM Average Control Delay 17.8 HCM Level of Service B
HCM Volume to Capacity ratio 0.74
Actuated Cycle Length (s) 86.0 Sum of lost time (s) 8.0
Intersection Capacity Utilization 74.1% ICU Level of Service C
c Critical Lane Group
HCM Signalized Intersection Capacity Analysis 2: State Highway 82 & County Road 100
H:\E5875\Reports\Traffic\Synchro-fixed\2009 Total AM.sy6
NB free right added Synchro 5 Report
6/26/2008 Page 1
DREXELBOUL-ST51
Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR
Lane Configurations
Ideal Flow (vphpl) 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900
Total Lost time (s) 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0
Lane Util. Factor 1.00 0.95 1.00 1.00 0.95 1.00 1.00 1.00 1.00
Frt 1.00 1.00 0.85 1.00 1.00 0.85 1.00 0.85 0.95
Flt Protected 0.95 1.00 1.00 0.95 1.00 1.00 0.97 1.00 0.98
Satd. Flow (prot) 1770 3539 1583 1770 3539 1583 1803 1583 1743
Flt Permitted 0.95 1.00 1.00 0.95 1.00 1.00 0.71 1.00 0.84
Satd. Flow (perm) 1770 3539 1583 1770 3539 1583 1330 1583 1488
Volume (vph) 38 1603 90 106 405 4 69 36 172 23 23 27
Peak-hour factor, PHF 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92
Adj. Flow (vph) 41 1742 98 115 440 4 75 39 187 25 25 29
Lane Group Flow (vph) 41 1742 98 115 440 4 0 114 187 0 79 0
Turn Type Prot Perm Prot Perm Perm Free Perm
Protected Phases 7 4 3 8 2 6
Permitted Phases 4 8 2 Free 6
Actuated Green, G (s) 4.8 75.7 75.7 10.8 81.7 81.7 13.3 115.8 13.3
Effective Green, g (s) 5.8 77.7 77.7 11.8 83.7 83.7 14.3 115.8 14.3
Actuated g/C Ratio 0.05 0.67 0.67 0.10 0.72 0.72 0.12 1.00 0.12
Clearance Time (s) 5.0 6.0 6.0 5.0 6.0 6.0 5.0 5.0
Vehicle Extension (s) 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0
Lane Grp Cap (vph) 89 2375 1062 180 2558 1144 164 1583 184
v/s Ratio Prot 0.02 c0.49 c0.06 0.12
v/s Ratio Perm 0.06 0.00 c0.09 0.12 0.05
v/c Ratio 0.46 0.73 0.09 0.64 0.17 0.00 0.70 0.12 0.43
Uniform Delay, d1 53.5 12.3 6.7 50.0 5.1 4.5 48.7 0.0 47.0
Progression Factor 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00
Incremental Delay, d2 3.7 1.2 0.0 7.2 0.0 0.0 12.1 0.2 1.6
Delay (s) 57.2 13.5 6.7 57.2 5.1 4.5 60.7 0.2 48.6
Level of Service EBAEAA EA D
Approach Delay (s) 14.1 15.8 23.1 48.6
Approach LOS B B C D
Intersection Summary
HCM Average Control Delay 16.4 HCM Level of Service B
HCM Volume to Capacity ratio 0.72
Actuated Cycle Length (s) 115.8 Sum of lost time (s) 12.0
Intersection Capacity Utilization 77.4% ICU Level of Service C
c Critical Lane Group
HCM Signalized Intersection Capacity Analysis 2: State Highway 82 & County Road 100
H:\E5875\Reports\Traffic\Synchro-fixed\2009 Total PM.sy6
NB free right added Synchro 5 Report
6/26/2008 Page 1
DREXELBOUL-ST51
Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR
Lane Configurations
Ideal Flow (vphpl) 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900
Total Lost time (s) 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0
Lane Util. Factor 1.00 0.95 1.00 1.00 0.95 1.00 1.00 1.00 1.00
Frt 1.00 1.00 0.85 1.00 1.00 0.85 1.00 0.85 0.93
Flt Protected 0.95 1.00 1.00 0.95 1.00 1.00 0.96 1.00 0.99
Satd. Flow (prot) 1770 3539 1583 1770 3539 1583 1794 1583 1727
Flt Permitted 0.95 1.00 1.00 0.95 1.00 1.00 0.76 1.00 0.96
Satd. Flow (perm) 1770 3539 1583 1770 3539 1583 1415 1583 1676
Volume (vph) 17 577 51 392 1508 8 117 36 114 3 9 12
Peak-hour factor, PHF 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92
Adj. Flow (vph) 18 627 55 426 1639 9 127 39 124 3 10 13
Lane Group Flow (vph) 18 627 55 426 1639 9 0 166 124 0 26 0
Turn Type Prot Perm Prot Perm Perm Free Perm
Protected Phases 7 4 3 8 2 6
Permitted Phases 4 8 2 Free 6
Actuated Green, G (s) 2.3 36.6 36.6 22.3 56.6 56.6 12.5 87.4 12.5
Effective Green, g (s) 3.3 38.6 38.6 23.3 58.6 58.6 13.5 87.4 13.5
Actuated g/C Ratio 0.04 0.44 0.44 0.27 0.67 0.67 0.15 1.00 0.15
Clearance Time (s) 5.0 6.0 6.0 5.0 6.0 6.0 5.0 5.0
Vehicle Extension (s) 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0
Lane Grp Cap (vph) 67 1563 699 472 2373 1061 219 1583 259
v/s Ratio Prot 0.01 0.18 c0.24 c0.46
v/s Ratio Perm 0.03 0.01 c0.12 0.08 0.02
v/c Ratio 0.27 0.40 0.08 0.90 0.69 0.01 0.76 0.08 0.10
Uniform Delay, d1 40.9 16.6 14.1 31.0 8.8 4.8 35.4 0.0 31.7
Progression Factor 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00
Incremental Delay, d2 2.2 0.2 0.0 20.3 0.9 0.0 13.9 0.1 0.2
Delay (s) 43.0 16.7 14.2 51.2 9.7 4.8 49.3 0.1 31.9
Level of Service D B B D A A D A C
Approach Delay (s) 17.2 18.2 28.3 31.9
Approach LOS B B C C
Intersection Summary
HCM Average Control Delay 19.1 HCM Level of Service B
HCM Volume to Capacity ratio 0.75
Actuated Cycle Length (s) 87.4 Sum of lost time (s) 8.0
Intersection Capacity Utilization 74.4% ICU Level of Service C
c Critical Lane Group
HCM Signalized Intersection Capacity Analysis 2: State Highway 82 & County Road 100
H:\E5875\Reports\Traffic\Synchro-reduced NBR\2030 Background AM.sy6
Reduce NBR by 40%, NB free right added Synchro 5 Report
6/27/2008 Page 1
DREXELBOUL-ST51
Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR
Lane Configurations
Ideal Flow (vphpl) 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900
Total Lost time (s) 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0
Lane Util. Factor 1.00 0.95 1.00 1.00 0.95 1.00 1.00 1.00 1.00
Frt 1.00 1.00 0.85 1.00 1.00 0.85 1.00 0.85 0.96
Flt Protected 0.95 1.00 1.00 0.95 1.00 1.00 0.97 1.00 0.98
Satd. Flow (prot) 1770 3539 1583 1770 3539 1583 1807 1583 1758
Flt Permitted 0.95 1.00 1.00 0.95 1.00 1.00 0.67 1.00 0.60
Satd. Flow (perm) 1770 3539 1583 1770 3539 1583 1247 1583 1079
Volume (vph) 59 2491 122 142 630 6 89 55 174 36 31 27
Peak-hour factor, PHF 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92
Adj. Flow (vph) 64 2708 133 154 685 7 97 60 189 39 34 29
Lane Group Flow (vph) 64 2708 133 154 685 7 0 157 189 0 102 0
Turn Type Prot Perm Prot Perm Perm Free Perm
Protected Phases 7 4 3 8 2 6
Permitted Phases 4 8 2 Free 6
Actuated Green, G (s) 7.8 115.4 115.4 18.0 125.6 125.6 24.9 174.3 24.9
Effective Green, g (s) 8.8 117.4 117.4 19.0 127.6 127.6 25.9 174.3 25.9
Actuated g/C Ratio 0.05 0.67 0.67 0.11 0.73 0.73 0.15 1.00 0.15
Clearance Time (s) 5.0 6.0 6.0 5.0 6.0 6.0 5.0 5.0
Vehicle Extension (s) 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0
Lane Grp Cap (vph) 89 2384 1066 193 2591 1159 185 1583 160
v/s Ratio Prot 0.04 c0.77 c0.09 0.19
v/s Ratio Perm 0.08 0.00 c0.13 0.12 0.09
v/c Ratio 0.72 1.14 0.12 0.80 0.26 0.01 0.85 0.12 0.64
Uniform Delay, d1 81.5 28.5 10.1 75.8 7.8 6.3 72.3 0.0 69.8
Progression Factor 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00
Incremental Delay, d2 24.1 66.9 0.1 20.1 0.1 0.0 28.6 0.2 8.1
Delay (s) 105.6 95.4 10.2 95.9 7.8 6.3 100.9 0.2 77.9
Level of Service F F B F A A F A E
Approach Delay (s) 91.7 23.8 45.9 77.9
Approach LOS F C D E
Intersection Summary
HCM Average Control Delay 73.9 HCM Level of Service E
HCM Volume to Capacity ratio 1.05
Actuated Cycle Length (s) 174.3 Sum of lost time (s) 12.0
Intersection Capacity Utilization 108.6% ICU Level of Service F
c Critical Lane Group
HCM Signalized Intersection Capacity Analysis 2: State Highway 82 & County Road 100
H:\E5875\Reports\Traffic\Synchro-reduced NBR\2030 Background PM.sy6
NBR Reduced by 40%, NB free right added Synchro 5 Report
6/27/2008 Page 1
DREXELBOUL-ST51
Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR
Lane Configurations
Ideal Flow (vphpl) 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900
Total Lost time (s) 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0
Lane Util. Factor 1.00 0.95 1.00 1.00 0.95 1.00 1.00 1.00 1.00
Frt 1.00 1.00 0.85 1.00 1.00 0.85 1.00 0.85 0.92
Flt Protected 0.95 1.00 1.00 0.95 1.00 1.00 0.96 1.00 0.99
Satd. Flow (prot) 1770 3539 1583 1770 3539 1583 1794 1583 1708
Flt Permitted 0.95 1.00 1.00 0.95 1.00 1.00 0.76 1.00 0.93
Satd. Flow (perm) 1770 3539 1583 1770 3539 1583 1421 1583 1601
Volume (vph) 27 896 65 561 2343 13 162 50 157 5 10 19
Peak-hour factor, PHF 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92
Adj. Flow (vph) 29 974 71 610 2547 14 176 54 171 5 11 21
Lane Group Flow (vph) 29 974 71 610 2547 14 0 230 171 0 37 0
Turn Type Prot Perm Prot Perm Perm Free Perm
Protected Phases 7 4 3 8 2 6
Permitted Phases 4 8 2 Free 6
Actuated Green, G (s) 6.8 111.0 111.0 20.0 124.2 124.2 29.2 176.2 29.2
Effective Green, g (s) 7.8 113.0 113.0 21.0 126.2 126.2 30.2 176.2 30.2
Actuated g/C Ratio 0.04 0.64 0.64 0.12 0.72 0.72 0.17 1.00 0.17
Clearance Time (s) 5.0 6.0 6.0 5.0 6.0 6.0 5.0 5.0
Vehicle Extension (s) 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0
Lane Grp Cap (vph) 78 2270 1015 211 2535 1134 244 1583 274
v/s Ratio Prot 0.02 0.28 c0.34 c0.72
v/s Ratio Perm 0.04 0.01 c0.16 0.11 0.02
v/c Ratio 0.37 0.43 0.07 2.89 1.00 0.01 0.94 0.11 0.14
Uniform Delay, d1 81.8 15.6 11.9 77.6 25.0 7.2 72.1 0.0 61.9
Progression Factor 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00
Incremental Delay, d2 3.0 0.1 0.0 863.8 19.0 0.0 41.8 0.1 0.2
Delay (s) 84.8 15.8 11.9 941.4 44.0 7.2 114.0 0.1 62.1
Level of Service F B B F D A F A E
Approach Delay (s) 17.4 216.5 65.4 62.1
Approach LOS B F E E
Intersection Summary
HCM Average Control Delay 156.7 HCM Level of Service F
HCM Volume to Capacity ratio 1.22
Actuated Cycle Length (s) 176.2 Sum of lost time (s) 8.0
Intersection Capacity Utilization 103.0% ICU Level of Service F
c Critical Lane Group
HCM Signalized Intersection Capacity Analysis 2: State Highway 82 & County Road 100
H:\E5875\Reports\Traffic\Synchro-reduced NBR\2030 Total AM.sy6
NBR reduced by 40%, NB free right added Synchro 5 Report
6/27/2008 Page 1
DREXELBOUL-ST51
Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR
Lane Configurations
Ideal Flow (vphpl) 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900
Total Lost time (s) 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0
Lane Util. Factor 1.00 0.95 1.00 1.00 0.95 1.00 1.00 1.00 1.00
Frt 1.00 1.00 0.85 1.00 1.00 0.85 1.00 0.85 0.96
Flt Protected 0.95 1.00 1.00 0.95 1.00 1.00 0.97 1.00 0.98
Satd. Flow (prot) 1770 3539 1583 1770 3539 1583 1806 1583 1759
Flt Permitted 0.95 1.00 1.00 0.95 1.00 1.00 0.67 1.00 0.59
Satd. Flow (perm) 1770 3539 1583 1770 3539 1583 1243 1583 1060
Volume (vph) 59 2491 125 146 630 6 96 57 182 36 32 27
Peak-hour factor, PHF 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92
Adj. Flow (vph) 64 2708 136 159 685 7 104 62 198 39 35 29
Lane Group Flow (vph) 64 2708 136 159 685 7 0 166 198 0 103 0
Turn Type Prot Perm Prot Perm Perm Free Perm
Protected Phases 7 4 3 8 2 6
Permitted Phases 4 8 2 Free 6
Actuated Green, G (s) 7.8 115.3 115.3 18.3 125.8 125.8 26.0 175.6 26.0
Effective Green, g (s) 8.8 117.3 117.3 19.3 127.8 127.8 27.0 175.6 27.0
Actuated g/C Ratio 0.05 0.67 0.67 0.11 0.73 0.73 0.15 1.00 0.15
Clearance Time (s) 5.0 6.0 6.0 5.0 6.0 6.0 5.0 5.0
Vehicle Extension (s) 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0
Lane Grp Cap (vph) 89 2364 1057 195 2576 1152 191 1583 163
v/s Ratio Prot 0.04 c0.77 c0.09 0.19
v/s Ratio Perm 0.09 0.00 c0.13 0.13 0.10
v/c Ratio 0.72 1.15 0.13 0.82 0.27 0.01 0.87 0.13 0.63
Uniform Delay, d1 82.2 29.1 10.6 76.4 8.1 6.5 72.6 0.0 69.6
Progression Factor 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00
Incremental Delay, d2 24.1 71.0 0.1 22.4 0.1 0.0 31.6 0.2 7.8
Delay (s) 106.3 100.2 10.6 98.8 8.1 6.5 104.2 0.2 77.4
Level of Service F F B F A A F A E
Approach Delay (s) 96.1 25.0 47.6 77.4
Approach LOS F C D E
Intersection Summary
HCM Average Control Delay 77.2 HCM Level of Service E
HCM Volume to Capacity ratio 1.06
Actuated Cycle Length (s) 175.6 Sum of lost time (s) 12.0
Intersection Capacity Utilization 109.3% ICU Level of Service F
c Critical Lane Group
HCM Signalized Intersection Capacity Analysis 2: State Highway 82 & County Road 100
H:\E5875\Reports\Traffic\Synchro-reduced NBR\2030 Total PM.sy6
NBR reduced by 40%, NB free right added Synchro 5 Report
6/27/2008 Page 1
DREXELBOUL-ST51
Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR
Lane Configurations
Ideal Flow (vphpl) 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900
Total Lost time (s) 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0
Lane Util. Factor 1.00 0.95 1.00 1.00 0.95 1.00 1.00 1.00 1.00
Frt 1.00 1.00 0.85 1.00 1.00 0.85 1.00 0.85 0.93
Flt Protected 0.95 1.00 1.00 0.95 1.00 1.00 0.96 1.00 0.99
Satd. Flow (prot) 1770 3539 1583 1770 3539 1583 1794 1583 1720
Flt Permitted 0.95 1.00 1.00 0.95 1.00 1.00 0.75 1.00 0.93
Satd. Flow (perm) 1770 3539 1583 1770 3539 1583 1403 1583 1606
Volume (vph) 27 896 72 576 2343 13 167 51 163 5 13 19
Peak-hour factor, PHF 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92
Adj. Flow (vph) 29 974 78 626 2547 14 182 55 177 5 14 21
Lane Group Flow (vph) 29 974 78 626 2547 14 0 237 177 0 40 0
Turn Type Prot Perm Prot Perm Perm Free Perm
Protected Phases 7 4 3 8 2 6
Permitted Phases 4 8 2 Free 6
Actuated Green, G (s) 6.9 111.0 111.0 20.0 124.1 124.1 30.0 177.0 30.0
Effective Green, g (s) 7.9 113.0 113.0 21.0 126.1 126.1 31.0 177.0 31.0
Actuated g/C Ratio 0.04 0.64 0.64 0.12 0.71 0.71 0.18 1.00 0.18
Clearance Time (s) 5.0 6.0 6.0 5.0 6.0 6.0 5.0 5.0
Vehicle Extension (s) 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0
Lane Grp Cap (vph) 79 2259 1011 210 2521 1128 246 1583 281
v/s Ratio Prot 0.02 0.28 c0.35 c0.72
v/s Ratio Perm 0.05 0.01 c0.17 0.11 0.02
v/c Ratio 0.37 0.43 0.08 2.98 1.01 0.01 0.96 0.11 0.14
Uniform Delay, d1 82.1 16.0 12.2 78.0 25.5 7.4 72.4 0.0 61.8
Progression Factor 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00
Incremental Delay, d2 2.9 0.1 0.0 904.1 20.5 0.0 46.9 0.1 0.2
Delay (s) 85.0 16.1 12.2 982.1 45.9 7.4 119.3 0.1 62.0
Level of Service F B B F D A F A E
Approach Delay (s) 17.7 229.7 68.4 62.0
Approach LOS B F E E
Intersection Summary
HCM Average Control Delay 165.6 HCM Level of Service F
HCM Volume to Capacity ratio 1.24
Actuated Cycle Length (s) 177.0 Sum of lost time (s) 8.0
Intersection Capacity Utilization 103.4% ICU Level of Service F
c Critical Lane Group
HCM Signalized Intersection Capacity Analysis 2: State Highway 82 & County Road 100
H:\E5875\Reports\Traffic\Synchro-fixed\2030 Background AM-fix.sy6
northbound free right, three through lanes and westbound left added. 5 seconds shifted from EBT to WBL
6/26/2008 Page 1
DREXELBOUL-ST51
Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR
Lane Configurations
Ideal Flow (vphpl) 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900
Total Lost time (s) 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0
Lane Util. Factor 1.00 0.91 1.00 0.97 0.91 1.00 1.00 1.00 1.00
Frt 1.00 1.00 0.85 1.00 1.00 0.85 1.00 0.85 0.96
Flt Protected 0.95 1.00 1.00 0.95 1.00 1.00 0.97 1.00 0.98
Satd. Flow (prot) 1770 5085 1583 3433 5085 1583 1807 1583 1758
Flt Permitted 0.95 1.00 1.00 0.95 1.00 1.00 0.70 1.00 0.71
Satd. Flow (perm) 1770 5085 1583 3433 5085 1583 1300 1583 1267
Volume (vph) 59 2491 122 142 630 6 89 55 174 36 31 27
Peak-hour factor, PHF 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92
Adj. Flow (vph) 64 2708 133 154 685 7 97 60 189 39 34 29
Lane Group Flow (vph) 64 2708 133 154 685 7 0 157 189 0 102 0
Turn Type Prot Perm Prot Perm Perm Free Perm
Protected Phases 7 4 3 8 2 6
Permitted Phases 4 8 2 Free 6
Actuated Green, G (s) 6.9 82.3 82.3 11.4 86.8 86.8 20.4 130.1 20.4
Effective Green, g (s) 7.9 84.3 84.3 12.4 88.8 88.8 21.4 130.1 21.4
Actuated g/C Ratio 0.06 0.65 0.65 0.10 0.68 0.68 0.16 1.00 0.16
Clearance Time (s) 5.0 6.0 6.0 5.0 6.0 6.0 5.0 5.0
Vehicle Extension (s) 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0
Lane Grp Cap (vph) 107 3295 1026 327 3471 1080 214 1583 208
v/s Ratio Prot c0.04 c0.53 c0.04 0.13
v/s Ratio Perm 0.08 0.00 c0.12 0.12 0.08
v/c Ratio 0.60 0.82 0.13 0.47 0.20 0.01 0.73 0.12 0.49
Uniform Delay, d1 59.6 17.2 8.8 55.7 7.6 6.6 51.6 0.0 49.4
Progression Factor 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00
Incremental Delay, d2 8.7 1.8 0.1 1.1 0.0 0.0 12.2 0.2 1.8
Delay (s) 68.2 19.0 8.9 56.8 7.6 6.6 63.9 0.2 51.2
Level of Service EBAEAA EA D
Approach Delay (s) 19.6 16.6 29.1 51.2
Approach LOS B B C D
Intersection Summary
HCM Average Control Delay 20.5 HCM Level of Service C
HCM Volume to Capacity ratio 0.77
Actuated Cycle Length (s) 130.1 Sum of lost time (s) 12.0
Intersection Capacity Utilization 81.9% ICU Level of Service D
c Critical Lane Group
HCM Signalized Intersection Capacity Analysis 2: State Highway 82 & County Road 100
H:\E5875\Reports\Traffic\Synchro-fixed\2030 Background PM-fix.sy6
northbound free right, three through lanes and westbound left added. 5 seconds shifted from EBT to WBL
6/26/2008 Page 1
DREXELBOUL-ST51
Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR
Lane Configurations
Ideal Flow (vphpl) 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900
Total Lost time (s) 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0
Lane Util. Factor 1.00 0.91 1.00 0.97 0.91 1.00 1.00 1.00 1.00
Frt 1.00 1.00 0.85 1.00 1.00 0.85 1.00 0.85 0.99
Flt Protected 0.95 1.00 1.00 0.95 1.00 1.00 0.96 1.00 0.99
Satd. Flow (prot) 1770 5085 1583 3433 5085 1583 1794 1583 1821
Flt Permitted 0.95 1.00 1.00 0.95 1.00 1.00 0.77 1.00 0.92
Satd. Flow (perm) 1770 5085 1583 3433 5085 1583 1426 1583 1707
Volume (vph) 27 896 65 561 2343 13 162 50 157 5 10 1
Peak-hour factor, PHF 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92
Adj. Flow (vph) 29 974 71 610 2547 14 176 54 171 5 11 1
Lane Group Flow (vph) 29 974 71 610 2547 14 0 230 171 0 17 0
Turn Type Prot Perm Prot Perm Perm Free Perm
Protected Phases 7 4 3 8 2 6
Permitted Phases 4 8 2 Free 6
Actuated Green, G (s) 4.3 48.1 48.1 29.7 73.5 73.5 25.5 119.3 25.5
Effective Green, g (s) 5.3 50.1 50.1 30.7 75.5 75.5 26.5 119.3 26.5
Actuated g/C Ratio 0.04 0.42 0.42 0.26 0.63 0.63 0.22 1.00 0.22
Clearance Time (s) 5.0 6.0 6.0 5.0 6.0 6.0 5.0 5.0
Vehicle Extension (s) 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0
Lane Grp Cap (vph) 79 2135 665 883 3218 1002 317 1583 379
v/s Ratio Prot 0.02 0.19 c0.18 c0.50
v/s Ratio Perm 0.04 0.01 c0.16 0.11 0.01
v/c Ratio 0.37 0.46 0.11 0.69 0.79 0.01 0.73 0.11 0.04
Uniform Delay, d1 55.4 24.8 21.0 40.0 16.1 8.1 43.0 0.0 36.5
Progression Factor 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00
Incremental Delay, d2 2.9 0.2 0.1 2.3 1.4 0.0 8.0 0.1 0.0
Delay (s) 58.2 25.0 21.1 42.4 17.5 8.1 51.0 0.1 36.5
Level of Service E C C D B A D A D
Approach Delay (s) 25.6 22.2 29.3 36.5
Approach LOS CCCD
Intersection Summary
HCM Average Control Delay 23.7 HCM Level of Service C
HCM Volume to Capacity ratio 0.78
Actuated Cycle Length (s) 119.3 Sum of lost time (s) 12.0
Intersection Capacity Utilization 81.8% ICU Level of Service D
c Critical Lane Group
HCM Signalized Intersection Capacity Analysis 2: State Highway 82 & County Road 100
H:\E5875\Reports\Traffic\Synchro-fixed\2030 Total AM-fix.sy6
northbound free right, three through lanes and westbound left added. 5 seconds shifted from EBT to WBL
6/26/2008 Page 1
DREXELBOUL-ST51
Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR
Lane Configurations
Ideal Flow (vphpl) 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900
Total Lost time (s) 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0
Lane Util. Factor 1.00 0.91 1.00 0.97 0.91 1.00 1.00 1.00 1.00
Frt 1.00 1.00 0.85 1.00 1.00 0.85 1.00 0.85 0.96
Flt Protected 0.95 1.00 1.00 0.95 1.00 1.00 0.97 1.00 0.98
Satd. Flow (prot) 1770 5085 1583 3433 5085 1583 1806 1583 1764
Flt Permitted 0.95 1.00 1.00 0.95 1.00 1.00 0.76 1.00 0.77
Satd. Flow (perm) 1770 5085 1583 3433 5085 1583 1410 1583 1392
Volume (vph) 59 2491 125 146 630 6 96 57 182 23 23 17
Peak-hour factor, PHF 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92
Adj. Flow (vph) 64 2708 136 159 685 7 104 62 198 25 25 18
Lane Group Flow (vph) 64 2708 136 159 685 7 0 166 198 0 68 0
Turn Type Prot Perm Prot Perm Perm Free Perm
Protected Phases 7 4 3 8 2 6
Permitted Phases 4 8 2 Free 6
Actuated Green, G (s) 7.0 82.2 82.2 11.6 86.8 86.8 20.1 129.9 20.1
Effective Green, g (s) 8.0 84.2 84.2 12.6 88.8 88.8 21.1 129.9 21.1
Actuated g/C Ratio 0.06 0.65 0.65 0.10 0.68 0.68 0.16 1.00 0.16
Clearance Time (s) 5.0 6.0 6.0 5.0 6.0 6.0 5.0 5.0
Vehicle Extension (s) 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0
Lane Grp Cap (vph) 109 3296 1026 333 3476 1082 229 1583 226
v/s Ratio Prot c0.04 c0.53 c0.05 0.13
v/s Ratio Perm 0.09 0.00 c0.12 0.13 0.05
v/c Ratio 0.59 0.82 0.13 0.48 0.20 0.01 0.72 0.13 0.30
Uniform Delay, d1 59.3 17.2 8.8 55.5 7.5 6.5 51.6 0.0 47.9
Progression Factor 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00
Incremental Delay, d2 7.8 1.8 0.1 1.1 0.0 0.0 10.8 0.2 0.8
Delay (s) 67.2 18.9 8.9 56.6 7.5 6.5 62.5 0.2 48.7
Level of Service EBAEAA EA D
Approach Delay (s) 19.5 16.7 28.6 48.7
Approach LOS B B C D
Intersection Summary
HCM Average Control Delay 20.2 HCM Level of Service C
HCM Volume to Capacity ratio 0.77
Actuated Cycle Length (s) 129.9 Sum of lost time (s) 12.0
Intersection Capacity Utilization 82.5% ICU Level of Service D
c Critical Lane Group
HCM Signalized Intersection Capacity Analysis 2: State Highway 82 & County Road 100
H:\E5875\Reports\Traffic\Synchro-fixed\2030 Total PM-fix.sy6
northbound free right, three through lanes and westbound left added. 5 seconds shifted from EBT to WBL
6/26/2008 Page 1
DREXELBOUL-ST51
Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR
Lane Configurations
Ideal Flow (vphpl) 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900 1900
Total Lost time (s) 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0
Lane Util. Factor 1.00 0.91 1.00 0.97 0.91 1.00 1.00 1.00 1.00
Frt 1.00 1.00 0.85 1.00 1.00 0.85 1.00 0.85 0.93
Flt Protected 0.95 1.00 1.00 0.95 1.00 1.00 0.96 1.00 0.99
Satd. Flow (prot) 1770 5085 1583 3433 5085 1583 1794 1583 1716
Flt Permitted 0.95 1.00 1.00 0.95 1.00 1.00 0.78 1.00 0.96
Satd. Flow (perm) 1770 5085 1583 3433 5085 1583 1451 1583 1664
Volume (vph) 27 896 72 576 2343 13 167 51 163 5 12 19
Peak-hour factor, PHF 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92
Adj. Flow (vph) 29 974 78 626 2547 14 182 55 177 5 13 21
Lane Group Flow (vph) 29 974 78 626 2547 14 0 237 177 0 39 0
Turn Type Prot Perm Prot Perm Perm Free Perm
Protected Phases 7 4 3 8 2 6
Permitted Phases 4 8 2 Free 6
Actuated Green, G (s) 4.4 48.2 48.2 31.2 75.0 75.0 27.6 123.0 27.6
Effective Green, g (s) 5.4 50.2 50.2 32.2 77.0 77.0 28.6 123.0 28.6
Actuated g/C Ratio 0.04 0.41 0.41 0.26 0.63 0.63 0.23 1.00 0.23
Clearance Time (s) 5.0 6.0 6.0 5.0 6.0 6.0 5.0 5.0
Vehicle Extension (s) 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0
Lane Grp Cap (vph) 78 2075 646 899 3183 991 337 1583 387
v/s Ratio Prot 0.02 0.19 c0.18 c0.50
v/s Ratio Perm 0.05 0.01 c0.16 0.11 0.02
v/c Ratio 0.37 0.47 0.12 0.70 0.80 0.01 0.70 0.11 0.10
Uniform Delay, d1 57.2 26.6 22.7 41.0 17.2 8.7 43.3 0.0 37.1
Progression Factor 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00
Incremental Delay, d2 3.0 0.2 0.1 2.4 1.5 0.0 6.5 0.1 0.1
Delay (s) 60.1 26.8 22.7 43.4 18.7 8.7 49.8 0.1 37.2
Level of Service E C C D B A D A D
Approach Delay (s) 27.4 23.5 28.6 37.2
Approach LOS CCCD
Intersection Summary
HCM Average Control Delay 25.0 HCM Level of Service C
HCM Volume to Capacity ratio 0.78
Actuated Cycle Length (s) 123.0 Sum of lost time (s) 12.0
Intersection Capacity Utilization 82.2% ICU Level of Service D
c Critical Lane Group
HCM Unsignalized Intersection Capacity Analysis 1: Frontage Road & County Road 100
H:\E5875\Reports\Traffic\Synchro\2008 Exist AM.sy6
Synchro 5 Report
6/24/2008 Page 1
DREXELBOUL-ST51
Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR
Lane Configurations
Sign Control Stop Stop Free Free
Grade 0% 0% 0% 0%
Volume (veh/h) 55 3 7 25 4 41 11 267 45 36 140 33
Peak Hour Factor 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92
Hourly flow rate (veh/h) 60 3 8 27 4 45 12 290 49 39 152 36
Pedestrians
Lane Width (ft)
Walking Speed (ft/s)
Percent Blockage
Right turn flare (veh)
Median type None None
Median storage veh)
vC, conflicting volume 634 611 170 596 605 315 188 339
vC1, stage 1 conf vol
vC2, stage 2 conf vol
tC, single (s) 7.1 6.5 6.2 7.1 6.5 6.2 4.1 4.1
tC, 2 stage (s)
tF (s) 3.5 4.0 3.3 3.5 4.0 3.3 2.2 2.2
p0 queue free % 83 99 99 93 99 94 99 97
cM capacity (veh/h) 354 392 874 396 395 726 1386 1220
Direction, Lane # EB 1 WB 1 NB 1 SB 1
Volume Total 71 76 351 227
Volume Left 60 27 12 39
Volume Right 8 45 49 36
cSH 380 540 1386 1220
Volume to Capacity 0.19 0.14 0.01 0.03
Queue Length (ft) 17 12 1 2
Control Delay (s) 16.6 12.8 0.3 1.6
Lane LOS C B A A
Approach Delay (s) 16.6 12.8 0.3 1.6
Approach LOS C B
Intersection Summary
Average Delay 3.6
Intersection Capacity Utilization 46.6% ICU Level of Service A
HCM Unsignalized Intersection Capacity Analysis 1: Frontage Road & County Road 100
H:\E5875\Reports\Traffic\Synchro\2008 Exist PM.sy6
Synchro 5 Report
6/24/2008 Page 1
DREXELBOUL-ST51
Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR
Lane Configurations
Sign Control Stop Stop Free Free
Grade 0% 0% 0% 0%
Volume (veh/h) 37 8 24 49 8 35 13 251 36 20 364 36
Peak Hour Factor 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92
Hourly flow rate (veh/h) 40 9 26 53 9 38 14 273 39 22 396 39
Pedestrians
Lane Width (ft)
Walking Speed (ft/s)
Percent Blockage
Right turn flare (veh)
Median type None None
Median storage veh)
vC, conflicting volume 822 799 415 810 799 292 435 312
vC1, stage 1 conf vol
vC2, stage 2 conf vol
tC, single (s) 7.1 6.5 6.2 7.1 6.5 6.2 4.1 4.1
tC, 2 stage (s)
tF (s) 3.5 4.0 3.3 3.5 4.0 3.3 2.2 2.2
p0 queue free % 85 97 96 81 97 95 99 98
cM capacity (veh/h) 266 309 637 274 309 747 1125 1248
Direction, Lane # EB 1 WB 1 NB 1 SB 1
Volume Total 75 100 326 457
Volume Left 40 53 14 22
Volume Right 26 38 39 39
cSH 341 366 1125 1248
Volume to Capacity 0.22 0.27 0.01 0.02
Queue Length (ft) 21 27 1 1
Control Delay (s) 18.5 18.5 0.5 0.6
Lane LOS C C A A
Approach Delay (s) 18.5 18.5 0.5 0.6
Approach LOS C C
Intersection Summary
Average Delay 3.8
Intersection Capacity Utilization 55.4% ICU Level of Service A
HCM Unsignalized Intersection Capacity Analysis 1: Frontage Road & County Road 100
H:\E5875\Reports\Traffic\Synchro\2009 Background AM.sy6
Synchro 5 Report
6/24/2008 Page 1
DREXELBOUL-ST51
Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR
Lane Configurations
Sign Control Stop Stop Free Free
Grade 0% 0% 0% 0%
Volume (veh/h) 55 3 7 25 4 41 11 273 45 36 143 33
Peak Hour Factor 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92
Hourly flow rate (veh/h) 60 3 8 27 4 45 12 297 49 39 155 36
Pedestrians
Lane Width (ft)
Walking Speed (ft/s)
Percent Blockage
Right turn flare (veh)
Median type None None
Median storage veh)
vC, conflicting volume 643 621 173 606 615 321 191 346
vC1, stage 1 conf vol
vC2, stage 2 conf vol
tC, single (s) 7.1 6.5 6.2 7.1 6.5 6.2 4.1 4.1
tC, 2 stage (s)
tF (s) 3.5 4.0 3.3 3.5 4.0 3.3 2.2 2.2
p0 queue free % 83 99 99 93 99 94 99 97
cM capacity (veh/h) 348 387 870 390 390 720 1382 1213
Direction, Lane # EB 1 WB 1 NB 1 SB 1
Volume Total 71 76 358 230
Volume Left 60 27 12 39
Volume Right 8 45 49 36
cSH 374 533 1382 1213
Volume to Capacity 0.19 0.14 0.01 0.03
Queue Length (ft) 17 12 1 2
Control Delay (s) 16.9 12.9 0.3 1.6
Lane LOS C B A A
Approach Delay (s) 16.9 12.9 0.3 1.6
Approach LOS C B
Intersection Summary
Average Delay 3.6
Intersection Capacity Utilization 47.1% ICU Level of Service A
HCM Unsignalized Intersection Capacity Analysis 1: Frontage Road & County Road 100
H:\E5875\Reports\Traffic\Synchro\2009 Background PM.sy6
Synchro 5 Report
6/24/2008 Page 1
DREXELBOUL-ST51
Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR
Lane Configurations
Sign Control Stop Stop Free Free
Grade 0% 0% 0% 0%
Volume (veh/h) 37 8 24 49 8 35 13 256 36 20 372 36
Peak Hour Factor 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92
Hourly flow rate (veh/h) 40 9 26 53 9 38 14 278 39 22 404 39
Pedestrians
Lane Width (ft)
Walking Speed (ft/s)
Percent Blockage
Right turn flare (veh)
Median type None None
Median storage veh)
vC, conflicting volume 836 813 424 824 813 298 443 317
vC1, stage 1 conf vol
vC2, stage 2 conf vol
tC, single (s) 7.1 6.5 6.2 7.1 6.5 6.2 4.1 4.1
tC, 2 stage (s)
tF (s) 3.5 4.0 3.3 3.5 4.0 3.3 2.2 2.2
p0 queue free % 85 97 96 80 97 95 99 98
cM capacity (veh/h) 260 303 630 268 303 742 1117 1243
Direction, Lane # EB 1 WB 1 NB 1 SB 1
Volume Total 75 100 332 465
Volume Left 40 53 14 22
Volume Right 26 38 39 39
cSH 334 358 1117 1243
Volume to Capacity 0.22 0.28 0.01 0.02
Queue Length (ft) 21 28 1 1
Control Delay (s) 18.9 18.9 0.5 0.6
Lane LOS C C A A
Approach Delay (s) 18.9 18.9 0.5 0.6
Approach LOS C C
Intersection Summary
Average Delay 3.8
Intersection Capacity Utilization 56.2% ICU Level of Service A
HCM Unsignalized Intersection Capacity Analysis 1: Frontage Road & County Road 100
H:\E5875\Reports\Traffic\Synchro\2009 Total AM.sy6
Synchro 5 Report
6/24/2008 Page 1
DREXELBOUL-ST51
Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR
Lane Configurations
Sign Control Stop Stop Free Free
Grade 0% 0% 0% 0%
Volume (veh/h) 55 4 7 34 6 64 11 273 48 43 143 33
Peak Hour Factor 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92
Hourly flow rate (veh/h) 60 4 8 37 7 70 12 297 52 47 155 36
Pedestrians
Lane Width (ft)
Walking Speed (ft/s)
Percent Blockage
Right turn flare (veh)
Median type None None
Median storage veh)
vC, conflicting volume 686 640 173 623 632 323 191 349
vC1, stage 1 conf vol
vC2, stage 2 conf vol
tC, single (s) 7.1 6.5 6.2 7.1 6.5 6.2 4.1 4.1
tC, 2 stage (s)
tF (s) 3.5 4.0 3.3 3.5 4.0 3.3 2.2 2.2
p0 queue free % 81 99 99 90 98 90 99 96
cM capacity (veh/h) 311 375 870 377 379 718 1382 1210
Direction, Lane # EB 1 WB 1 NB 1 SB 1
Volume Total 72 113 361 238
Volume Left 60 37 12 47
Volume Right 8 70 52 36
cSH 337 533 1382 1210
Volume to Capacity 0.21 0.21 0.01 0.04
Queue Length (ft) 20 20 1 3
Control Delay (s) 18.5 13.6 0.3 1.9
Lane LOS C B A A
Approach Delay (s) 18.5 13.6 0.3 1.9
Approach LOS C B
Intersection Summary
Average Delay 4.4
Intersection Capacity Utilization 54.5% ICU Level of Service A
HCM Unsignalized Intersection Capacity Analysis 1: Frontage Road & County Road 100
H:\E5875\Reports\Traffic\Synchro\2009 Total PM.sy6
Synchro 5 Report
9/18/2008 Page 1
DREXELBOUL-ST51
Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR
Lane Configurations
Sign Control Stop Stop Free Free
Grade 0% 0% 0% 0%
Volume (veh/h) 37 10 24 55 9 50 13 256 46 45 372 36
Peak Hour Factor 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92
Hourly flow rate (veh/h) 40 11 26 60 10 54 14 278 50 49 404 39
Pedestrians
Lane Width (ft)
Walking Speed (ft/s)
Percent Blockage
Right turn flare (veh)
Median type None None
Median storage veh)
vC, conflicting volume 912 878 424 885 873 303 443 328
vC1, stage 1 conf vol
vC2, stage 2 conf vol
tC, single (s) 7.1 6.5 6.2 7.1 6.5 6.2 4.1 4.1
tC, 2 stage (s)
tF (s) 3.5 4.0 3.3 3.5 4.0 3.3 2.2 2.2
p0 queue free % 82 96 96 75 96 93 99 96
cM capacity (veh/h) 220 272 630 237 274 736 1117 1231
Direction, Lane # EB 1 WB 1 NB 1 SB 1
Volume Total 77 124 342 492
Volume Left 40 60 14 49
Volume Right 26 54 50 39
cSH 292 343 1117 1231
Volume to Capacity 0.26 0.36 0.01 0.04
Queue Length (ft) 26 40 1 3
Control Delay (s) 21.7 21.3 0.5 1.2
Lane LOS C C A A
Approach Delay (s) 21.7 21.3 0.5 1.2
Approach LOS C C
Intersection Summary
Average Delay 4.9
Intersection Capacity Utilization 68.6% ICU Level of Service B
HCM Unsignalized Intersection Capacity Analysis 1: Frontage Road & County Road 100
H:\E5875\Reports\Traffic\Synchro\2030 Background AM.sy6
Synchro 5 Report
6/24/2008 Page 1
DREXELBOUL-ST51
Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR
Lane Configurations
Sign Control Stop Stop Free Free
Grade 0% 0% 0% 0%
Volume (veh/h) 55 3 7 28 4 46 11 424 50 40 222 33
Peak Hour Factor 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92
Hourly flow rate (veh/h) 60 3 8 30 4 50 12 461 54 43 241 36
Pedestrians
Lane Width (ft)
Walking Speed (ft/s)
Percent Blockage
Right turn flare (veh)
Median type None None
Median storage veh)
vC, conflicting volume 910 885 259 867 876 488 277 515
vC1, stage 1 conf vol
vC2, stage 2 conf vol
tC, single (s) 7.1 6.5 6.2 7.1 6.5 6.2 4.1 4.1
tC, 2 stage (s)
tF (s) 3.5 4.0 3.3 3.5 4.0 3.3 2.2 2.2
p0 queue free % 73 99 99 88 98 91 99 96
cM capacity (veh/h) 222 270 779 258 273 580 1286 1050
Direction, Lane # EB 1 WB 1 NB 1 SB 1
Volume Total 71 85 527 321
Volume Left 60 30 12 43
Volume Right 8 50 54 36
cSH 242 385 1286 1050
Volume to Capacity 0.29 0.22 0.01 0.04
Queue Length (ft) 29 21 1 3
Control Delay (s) 25.9 17.0 0.3 1.5
Lane LOS D C A A
Approach Delay (s) 25.9 17.0 0.3 1.5
Approach LOS D C
Intersection Summary
Average Delay 3.9
Intersection Capacity Utilization 66.1% ICU Level of Service B
HCM Unsignalized Intersection Capacity Analysis 1: Frontage Road & County Road 100
H:\E5875\Reports\Traffic\Synchro\2030 Background PM.sy6
Synchro 5 Report
6/24/2008 Page 1
DREXELBOUL-ST51
Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR
Lane Configurations
Sign Control Stop Stop Free Free
Grade 0% 0% 0% 0%
Volume (veh/h) 37 8 24 55 8 39 13 398 40 22 577 36
Peak Hour Factor 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92
Hourly flow rate (veh/h) 40 9 26 60 9 42 14 433 43 24 627 39
Pedestrians
Lane Width (ft)
Walking Speed (ft/s)
Percent Blockage
Right turn flare (veh)
Median type None None
Median storage veh)
vC, conflicting volume 1224 1199 647 1208 1197 454 666 476
vC1, stage 1 conf vol
vC2, stage 2 conf vol
tC, single (s) 7.1 6.5 6.2 7.1 6.5 6.2 4.1 4.1
tC, 2 stage (s)
tF (s) 3.5 4.0 3.3 3.5 4.0 3.3 2.2 2.2
p0 queue free % 70 95 94 58 95 93 98 98
cM capacity (veh/h) 136 178 471 141 179 606 923 1086
Direction, Lane # EB 1 WB 1 NB 1 SB 1
Volume Total 75 111 490 690
Volume Left 40 60 14 24
Volume Right 26 42 43 39
cSH 187 205 923 1086
Volume to Capacity 0.40 0.54 0.02 0.02
Queue Length (ft) 44 71 1 2
Control Delay (s) 36.5 41.6 0.4 0.6
Lane LOS EEAA
Approach Delay (s) 36.5 41.6 0.4 0.6
Approach LOS E E
Intersection Summary
Average Delay 5.8
Intersection Capacity Utilization 78.5% ICU Level of Service C
HCM Unsignalized Intersection Capacity Analysis 1: Frontage Road & County Road 100
H:\E5875\Reports\Traffic\Synchro\2030 Total AM.sy6
Synchro 5 Report
6/24/2008 Page 1
DREXELBOUL-ST51
Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR
Lane Configurations
Sign Control Stop Stop Free Free
Grade 0% 0% 0% 0%
Volume (veh/h) 55 4 7 37 6 68 11 424 53 47 222 33
Peak Hour Factor 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92
Hourly flow rate (veh/h) 60 4 8 40 7 74 12 461 58 51 241 36
Pedestrians
Lane Width (ft)
Walking Speed (ft/s)
Percent Blockage
Right turn flare (veh)
Median type None None
Median storage veh)
vC, conflicting volume 952 904 259 885 893 490 277 518
vC1, stage 1 conf vol
vC2, stage 2 conf vol
tC, single (s) 7.1 6.5 6.2 7.1 6.5 6.2 4.1 4.1
tC, 2 stage (s)
tF (s) 3.5 4.0 3.3 3.5 4.0 3.3 2.2 2.2
p0 queue free % 69 98 99 84 98 87 99 95
cM capacity (veh/h) 196 261 779 248 265 579 1286 1048
Direction, Lane # EB 1 WB 1 NB 1 SB 1
Volume Total 72 121 530 328
Volume Left 60 40 12 51
Volume Right 8 74 58 36
cSH 216 384 1286 1048
Volume to Capacity 0.33 0.31 0.01 0.05
Queue Length (ft) 35 33 1 4
Control Delay (s) 29.7 18.6 0.3 1.8
Lane LOS D C A A
Approach Delay (s) 29.7 18.6 0.3 1.8
Approach LOS D C
Intersection Summary
Average Delay 4.9
Intersection Capacity Utilization 69.9% ICU Level of Service B
HCM Unsignalized Intersection Capacity Analysis 1: Frontage Road & County Road 100
H:\E5875\Reports\Traffic\Synchro\2030 Total PM.sy6
Synchro 5 Report
9/18/2008 Page 1
DREXELBOUL-ST51
Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR
Lane Configurations
Sign Control Stop Stop Free Free
Grade 0% 0% 0% 0%
Volume (veh/h) 37 10 24 60 9 54 13 398 50 47 577 36
Peak Hour Factor 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92
Hourly flow rate (veh/h) 40 11 26 65 10 59 14 433 54 51 627 39
Pedestrians
Lane Width (ft)
Walking Speed (ft/s)
Percent Blockage
Right turn flare (veh)
Median type None None
Median storage veh)
vC, conflicting volume 1301 1264 647 1268 1257 460 666 487
vC1, stage 1 conf vol
vC2, stage 2 conf vol
tC, single (s) 7.1 6.5 6.2 7.1 6.5 6.2 4.1 4.1
tC, 2 stage (s)
tF (s) 3.5 4.0 3.3 3.5 4.0 3.3 2.2 2.2
p0 queue free % 64 93 94 47 94 90 98 95
cM capacity (veh/h) 113 159 471 124 161 601 923 1076
Direction, Lane # EB 1 WB 1 NB 1 SB 1
Volume Total 77 134 501 717
Volume Left 40 65 14 51
Volume Right 26 59 54 39
cSH 161 195 923 1076
Volume to Capacity 0.48 0.68 0.02 0.05
Queue Length (ft) 57 105 1 4
Control Delay (s) 46.4 56.0 0.4 1.2
Lane LOS E F A A
Approach Delay (s) 46.4 56.0 0.4 1.2
Approach LOS E F
Intersection Summary
Average Delay 8.5
Intersection Capacity Utilization 89.4% ICU Level of Service D
HCM Unsignalized Intersection Capacity Analysis 1: Frontage Road & County Road 100
H:\E5875\Reports\Traffic\Synchro\2030 Background AM-fixed.sy6
Synchro 5 Report
9/19/2008 Page 1
DREXELBOUL-ST51
Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR
Lane Configurations
Sign Control Stop Stop Free Free
Grade 0% 0% 0% 0%
Volume (veh/h) 55 3 7 28 4 46 11 424 50 40 222 33
Peak Hour Factor 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92
Hourly flow rate (veh/h) 60 3 8 30 4 50 12 461 54 43 241 36
Pedestrians
Lane Width (ft)
Walking Speed (ft/s)
Percent Blockage
Right turn flare (veh)
Median type None None
Median storage veh)
vC, conflicting volume 910 885 259 867 876 488 277 515
vC1, stage 1 conf vol
vC2, stage 2 conf vol
tC, single (s) 7.1 6.5 6.2 7.1 6.5 6.2 4.1 4.1
tC, 2 stage (s)
tF (s) 3.5 4.0 3.3 3.5 4.0 3.3 2.2 2.2
p0 queue free % 73 99 99 88 98 91 99 96
cM capacity (veh/h) 222 270 779 258 273 580 1286 1050
Direction, Lane # EB 1 WB 1 WB 2 NB 1 SB 1
Volume Total 71 30 54 527 321
Volume Left 60 30 0 12 43
Volume Right 8 0 50 54 36
cSH 242 258 532 1286 1050
Volume to Capacity 0.29 0.12 0.10 0.01 0.04
Queue Length (ft) 29 10 8 1 3
Control Delay (s) 25.9 20.8 12.5 0.3 1.5
Lane LOS D C B A A
Approach Delay (s) 25.9 15.5 0.3 1.5
Approach LOS D C
Intersection Summary
Average Delay 3.8
Intersection Capacity Utilization 66.1% ICU Level of Service B
HCM Unsignalized Intersection Capacity Analysis 1: Frontage Road & County Road 100
H:\E5875\Reports\Traffic\Synchro\2030 Background PM-fixed.sy6
Synchro 5 Report
9/19/2008 Page 1
DREXELBOUL-ST51
Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR
Lane Configurations
Sign Control Stop Stop Free Free
Grade 0% 0% 0% 0%
Volume (veh/h) 37 8 24 55 8 39 13 398 40 22 577 36
Peak Hour Factor 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92
Hourly flow rate (veh/h) 40 9 26 60 9 42 14 433 43 24 627 39
Pedestrians
Lane Width (ft)
Walking Speed (ft/s)
Percent Blockage
Right turn flare (veh)
Median type None None
Median storage veh)
vC, conflicting volume 1224 1199 647 1208 1197 454 666 476
vC1, stage 1 conf vol
vC2, stage 2 conf vol
tC, single (s) 7.1 6.5 6.2 7.1 6.5 6.2 4.1 4.1
tC, 2 stage (s)
tF (s) 3.5 4.0 3.3 3.5 4.0 3.3 2.2 2.2
p0 queue free % 70 95 94 58 95 93 98 98
cM capacity (veh/h) 136 178 471 141 179 606 923 1086
Direction, Lane # EB 1 WB 1 WB 2 NB 1 SB 1
Volume Total 75 60 51 490 690
Volume Left 40 60 0 14 24
Volume Right 26 0 42 43 39
cSH 187 141 431 923 1086
Volume to Capacity 0.40 0.42 0.12 0.02 0.02
Queue Length (ft) 44 46 10 1 2
Control Delay (s) 36.5 47.9 14.5 0.4 0.6
Lane LOS EEBAA
Approach Delay (s) 36.5 32.5 0.4 0.6
Approach LOS E D
Intersection Summary
Average Delay 5.1
Intersection Capacity Utilization 71.7% ICU Level of Service C
HCM Unsignalized Intersection Capacity Analysis 1: Frontage Road & County Road 100
H:\E5875\Reports\Traffic\Synchro\2030 Total AM-fixed.sy6
Synchro 5 Report
9/19/2008 Page 1
DREXELBOUL-ST51
Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR
Lane Configurations
Sign Control Stop Stop Free Free
Grade 0% 0% 0% 0%
Volume (veh/h) 55 4 7 37 6 68 11 424 53 47 222 33
Peak Hour Factor 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92
Hourly flow rate (veh/h) 60 4 8 40 7 74 12 461 58 51 241 36
Pedestrians
Lane Width (ft)
Walking Speed (ft/s)
Percent Blockage
Right turn flare (veh)
Median type None None
Median storage veh)
vC, conflicting volume 952 904 259 885 893 490 277 518
vC1, stage 1 conf vol
vC2, stage 2 conf vol
tC, single (s) 7.1 6.5 6.2 7.1 6.5 6.2 4.1 4.1
tC, 2 stage (s)
tF (s) 3.5 4.0 3.3 3.5 4.0 3.3 2.2 2.2
p0 queue free % 69 98 99 84 98 87 99 95
cM capacity (veh/h) 196 261 779 248 265 579 1286 1048
Direction, Lane # EB 1 WB 1 WB 2 NB 1 SB 1
Volume Total 72 40 80 530 328
Volume Left 60 40 0 12 51
Volume Right 8 0 74 58 36
cSH 216 248 528 1286 1048
Volume to Capacity 0.33 0.16 0.15 0.01 0.05
Queue Length (ft) 35 14 13 1 4
Control Delay (s) 29.7 22.3 13.0 0.3 1.8
Lane LOS D C B A A
Approach Delay (s) 29.7 16.1 0.3 1.8
Approach LOS D C
Intersection Summary
Average Delay 4.6
Intersection Capacity Utilization 66.8% ICU Level of Service B
HCM Unsignalized Intersection Capacity Analysis 1: Frontage Road & County Road 100
H:\E5875\Reports\Traffic\Synchro\2030 Total PM-fixed.sy6
Synchro 5 Report
9/19/2008 Page 1
DREXELBOUL-ST51
Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR
Lane Configurations
Sign Control Stop Stop Free Free
Grade 0% 0% 0% 0%
Volume (veh/h) 37 10 24 60 9 54 13 398 50 47 577 36
Peak Hour Factor 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92
Hourly flow rate (veh/h) 40 11 26 65 10 59 14 433 54 51 627 39
Pedestrians
Lane Width (ft)
Walking Speed (ft/s)
Percent Blockage
Right turn flare (veh)
Median type None None
Median storage veh)
vC, conflicting volume 1301 1264 647 1268 1257 460 666 487
vC1, stage 1 conf vol
vC2, stage 2 conf vol
tC, single (s) 7.1 6.5 6.2 7.1 6.5 6.2 4.1 4.1
tC, 2 stage (s)
tF (s) 3.5 4.0 3.3 3.5 4.0 3.3 2.2 2.2
p0 queue free % 64 93 94 47 94 90 98 95
cM capacity (veh/h) 113 159 471 124 161 601 923 1076
Direction, Lane # EB 1 WB 1 WB 2 NB 1 SB 1
Volume Total 77 65 68 501 717
Volume Left 40 65 0 14 51
Volume Right 26 0 59 54 39
cSH 161 124 432 923 1076
Volume to Capacity 0.48 0.53 0.16 0.02 0.05
Queue Length (ft) 57 62 14 1 4
Control Delay (s) 46.4 62.5 14.9 0.4 1.2
Lane LOS E F B A A
Approach Delay (s) 46.4 38.1 0.4 1.2
Approach LOS E E
Intersection Summary
Average Delay 6.8
Intersection Capacity Utilization 85.3% ICU Level of Service D
HCM Unsignalized Intersection Capacity Analysis 6: Frontage Road & Valley Road
H:\E5875\Reports\Traffic\Synchro\2008 Exist AM.sy6
Synchro 5 Report
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DREXELBOUL-ST51
Movement EBL EBR NBL NBT SBT SBR
Lane Configurations
Sign Control Stop Free Free
Grade 0% 0% 0%
Volume (veh/h) 39 19 27 26 15 39
Peak Hour Factor 0.92 0.92 0.92 0.92 0.92 0.92
Hourly flow rate (veh/h) 42 21 29 28 16 42
Pedestrians
Lane Width (ft)
Walking Speed (ft/s)
Percent Blockage
Right turn flare (veh)
Median type None
Median storage veh)
vC, conflicting volume 124 38 59
vC1, stage 1 conf vol
vC2, stage 2 conf vol
tC, single (s) 6.4 6.2 4.1
tC, 2 stage (s)
tF (s) 3.5 3.3 2.2
p0 queue free % 95 98 98
cM capacity (veh/h) 854 1035 1545
Direction, Lane # EB 1 NB 1 SB 1
Volume Total 63 58 59
Volume Left 42 29 0
Volume Right 21 0 42
cSH 906 1545 1700
Volume to Capacity 0.07 0.02 0.03
Queue Length (ft) 6 1 0
Control Delay (s) 9.3 3.8 0.0
Lane LOS A A
Approach Delay (s) 9.3 3.8 0.0
Approach LOS A
Intersection Summary
Average Delay 4.5
Intersection Capacity Utilization 13.7% ICU Level of Service A
HCM Unsignalized Intersection Capacity Analysis 6: Frontage Road & Valley Road
H:\E5875\Reports\Traffic\Synchro\2008 Exist PM.sy6
Synchro 5 Report
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DREXELBOUL-ST51
Movement EBL EBR NBL NBT SBT SBR
Lane Configurations
Sign Control Stop Free Free
Grade 0% 0% 0%
Volume (veh/h) 31 29 58 10 28 32
Peak Hour Factor 0.92 0.92 0.92 0.92 0.92 0.92
Hourly flow rate (veh/h) 34 32 63 11 30 35
Pedestrians
Lane Width (ft)
Walking Speed (ft/s)
Percent Blockage
Right turn flare (veh)
Median type None
Median storage veh)
vC, conflicting volume 185 48 65
vC1, stage 1 conf vol
vC2, stage 2 conf vol
tC, single (s) 6.4 6.2 4.1
tC, 2 stage (s)
tF (s) 3.5 3.3 2.2
p0 queue free % 96 97 96
cM capacity (veh/h) 771 1021 1537
Direction, Lane # EB 1 NB 1 SB 1
Volume Total 65 74 65
Volume Left 34 63 0
Volume Right 32 0 35
cSH 875 1537 1700
Volume to Capacity 0.07 0.04 0.04
Queue Length (ft) 6 3 0
Control Delay (s) 9.4 6.4 0.0
Lane LOS A A
Approach Delay (s) 9.4 6.4 0.0
Approach LOS A
Intersection Summary
Average Delay 5.3
Intersection Capacity Utilization 21.2% ICU Level of Service A
HCM Unsignalized Intersection Capacity Analysis 6: Frontage Road & Valley Road
H:\E5875\Reports\Traffic\Synchro\2009 Background AM.sy6
Synchro 5 Report
6/24/2008 Page 1
DREXELBOUL-ST51
Movement EBL EBR NBL NBT SBT SBR
Lane Configurations
Sign Control Stop Free Free
Grade 0% 0% 0%
Volume (veh/h) 39 19 27 27 15 39
Peak Hour Factor 0.92 0.92 0.92 0.92 0.92 0.92
Hourly flow rate (veh/h) 42 21 29 29 16 42
Pedestrians
Lane Width (ft)
Walking Speed (ft/s)
Percent Blockage
Right turn flare (veh)
Median type None
Median storage veh)
vC, conflicting volume 126 38 59
vC1, stage 1 conf vol
vC2, stage 2 conf vol
tC, single (s) 6.4 6.2 4.1
tC, 2 stage (s)
tF (s) 3.5 3.3 2.2
p0 queue free % 95 98 98
cM capacity (veh/h) 853 1035 1545
Direction, Lane # EB 1 NB 1 SB 1
Volume Total 63 59 59
Volume Left 42 29 0
Volume Right 21 0 42
cSH 905 1545 1700
Volume to Capacity 0.07 0.02 0.03
Queue Length (ft) 6 1 0
Control Delay (s) 9.3 3.8 0.0
Lane LOS A A
Approach Delay (s) 9.3 3.8 0.0
Approach LOS A
Intersection Summary
Average Delay 4.5
Intersection Capacity Utilization 13.7% ICU Level of Service A
HCM Unsignalized Intersection Capacity Analysis 6: Frontage Road & Valley Road
H:\E5875\Reports\Traffic\Synchro\2009 Background PM.sy6
Synchro 5 Report
6/24/2008 Page 1
DREXELBOUL-ST51
Movement EBL EBR NBL NBT SBT SBR
Lane Configurations
Sign Control Stop Free Free
Grade 0% 0% 0%
Volume (veh/h) 31 29 58 10 29 32
Peak Hour Factor 0.92 0.92 0.92 0.92 0.92 0.92
Hourly flow rate (veh/h) 34 32 63 11 32 35
Pedestrians
Lane Width (ft)
Walking Speed (ft/s)
Percent Blockage
Right turn flare (veh)
Median type None
Median storage veh)
vC, conflicting volume 186 49 66
vC1, stage 1 conf vol
vC2, stage 2 conf vol
tC, single (s) 6.4 6.2 4.1
tC, 2 stage (s)
tF (s) 3.5 3.3 2.2
p0 queue free % 96 97 96
cM capacity (veh/h) 770 1020 1535
Direction, Lane # EB 1 NB 1 SB 1
Volume Total 65 74 66
Volume Left 34 63 0
Volume Right 32 0 35
cSH 874 1535 1700
Volume to Capacity 0.07 0.04 0.04
Queue Length (ft) 6 3 0
Control Delay (s) 9.5 6.4 0.0
Lane LOS A A
Approach Delay (s) 9.5 6.4 0.0
Approach LOS A
Intersection Summary
Average Delay 5.3
Intersection Capacity Utilization 21.2% ICU Level of Service A
HCM Unsignalized Intersection Capacity Analysis 6: Frontage Road & Valley Road
H:\E5875\Reports\Traffic\Synchro\2009 Total AM.sy6
Synchro 5 Report
9/18/2008 Page 1
DREXELBOUL-ST51
Movement EBL EBR NBL NBT SBT SBR
Lane Configurations
Sign Control Stop Free Free
Grade 0% 0% 0%
Volume (veh/h) 47 23 28 27 15 41
Peak Hour Factor 0.92 0.92 0.92 0.92 0.92 0.92
Hourly flow rate (veh/h) 51 25 30 29 16 45
Pedestrians
Lane Width (ft)
Walking Speed (ft/s)
Percent Blockage
Right turn flare (veh)
Median type None
Median storage veh)
vC, conflicting volume 129 39 61
vC1, stage 1 conf vol
vC2, stage 2 conf vol
tC, single (s) 6.4 6.2 4.1
tC, 2 stage (s)
tF (s) 3.5 3.3 2.2
p0 queue free % 94 98 98
cM capacity (veh/h) 848 1033 1542
Direction, Lane # EB 1 NB 1 SB 1
Volume Total 76 60 61
Volume Left 51 30 0
Volume Right 25 0 45
cSH 901 1542 1700
Volume to Capacity 0.08 0.02 0.04
Queue Length (ft) 7 2 0
Control Delay (s) 9.4 3.8 0.0
Lane LOS A A
Approach Delay (s) 9.4 3.8 0.0
Approach LOS A
Intersection Summary
Average Delay 4.8
Intersection Capacity Utilization 14.6% ICU Level of Service A
HCM Unsignalized Intersection Capacity Analysis 6: Frontage Road & Valley Road
H:\E5875\Reports\Traffic\Synchro\2009 Total PM.sy6
Synchro 5 Report
9/18/2008 Page 1
DREXELBOUL-ST51
Movement EBL EBR NBL NBT SBT SBR
Lane Configurations
Sign Control Stop Free Free
Grade 0% 0% 0%
Volume (veh/h) 36 31 62 10 29 40
Peak Hour Factor 0.92 0.92 0.92 0.92 0.92 0.92
Hourly flow rate (veh/h) 39 34 67 11 32 43
Pedestrians
Lane Width (ft)
Walking Speed (ft/s)
Percent Blockage
Right turn flare (veh)
Median type None
Median storage veh)
vC, conflicting volume 199 53 75
vC1, stage 1 conf vol
vC2, stage 2 conf vol
tC, single (s) 6.4 6.2 4.1
tC, 2 stage (s)
tF (s) 3.5 3.3 2.2
p0 queue free % 95 97 96
cM capacity (veh/h) 755 1014 1524
Direction, Lane # EB 1 NB 1 SB 1
Volume Total 73 78 75
Volume Left 39 67 0
Volume Right 34 0 43
cSH 856 1524 1700
Volume to Capacity 0.09 0.04 0.04
Queue Length (ft) 7 3 0
Control Delay (s) 9.6 6.5 0.0
Lane LOS A A
Approach Delay (s) 9.6 6.5 0.0
Approach LOS A
Intersection Summary
Average Delay 5.3
Intersection Capacity Utilization 21.9% ICU Level of Service A
HCM Unsignalized Intersection Capacity Analysis 6: Frontage Road & Valley Road
H:\E5875\Reports\Traffic\Synchro\2030 Background AM.sy6
Synchro 5 Report
6/24/2008 Page 1
DREXELBOUL-ST51
Movement EBL EBR NBL NBT SBT SBR
Lane Configurations
Sign Control Stop Free Free
Grade 0% 0% 0%
Volume (veh/h) 44 21 30 41 24 44
Peak Hour Factor 0.92 0.92 0.92 0.92 0.92 0.92
Hourly flow rate (veh/h) 48 23 33 45 26 48
Pedestrians
Lane Width (ft)
Walking Speed (ft/s)
Percent Blockage
Right turn flare (veh)
Median type None
Median storage veh)
vC, conflicting volume 160 50 74
vC1, stage 1 conf vol
vC2, stage 2 conf vol
tC, single (s) 6.4 6.2 4.1
tC, 2 stage (s)
tF (s) 3.5 3.3 2.2
p0 queue free % 94 98 98
cM capacity (veh/h) 813 1018 1526
Direction, Lane # EB 1 NB 1 SB 1
Volume Total 71 77 74
Volume Left 48 33 0
Volume Right 23 0 48
cSH 870 1526 1700
Volume to Capacity 0.08 0.02 0.04
Queue Length (ft) 7 2 0
Control Delay (s) 9.5 3.2 0.0
Lane LOS A A
Approach Delay (s) 9.5 3.2 0.0
Approach LOS A
Intersection Summary
Average Delay 4.2
Intersection Capacity Utilization 15.8% ICU Level of Service A
HCM Unsignalized Intersection Capacity Analysis 6: Frontage Road & Valley Road
H:\E5875\Reports\Traffic\Synchro\2030 Background PM.sy6
Synchro 5 Report
6/24/2008 Page 1
DREXELBOUL-ST51
Movement EBL EBR NBL NBT SBT SBR
Lane Configurations
Sign Control Stop Free Free
Grade 0% 0% 0%
Volume (veh/h) 35 32 65 16 44 36
Peak Hour Factor 0.92 0.92 0.92 0.92 0.92 0.92
Hourly flow rate (veh/h) 38 35 71 17 48 39
Pedestrians
Lane Width (ft)
Walking Speed (ft/s)
Percent Blockage
Right turn flare (veh)
Median type None
Median storage veh)
vC, conflicting volume 226 67 87
vC1, stage 1 conf vol
vC2, stage 2 conf vol
tC, single (s) 6.4 6.2 4.1
tC, 2 stage (s)
tF (s) 3.5 3.3 2.2
p0 queue free % 95 97 95
cM capacity (veh/h) 726 996 1509
Direction, Lane # EB 1 NB 1 SB 1
Volume Total 73 88 87
Volume Left 38 71 0
Volume Right 35 0 39
cSH 834 1509 1700
Volume to Capacity 0.09 0.05 0.05
Queue Length (ft) 7 4 0
Control Delay (s) 9.7 6.1 0.0
Lane LOS A A
Approach Delay (s) 9.7 6.1 0.0
Approach LOS A
Intersection Summary
Average Delay 5.0
Intersection Capacity Utilization 22.4% ICU Level of Service A
HCM Unsignalized Intersection Capacity Analysis 6: Frontage Road & Valley Road
H:\E5875\Reports\Traffic\Synchro\2030 Total AM.sy6
Synchro 5 Report
9/19/2008 Page 1
DREXELBOUL-ST51
Movement EBL EBR NBL NBT SBT SBR
Lane Configurations
Sign Control Stop Free Free
Grade 0% 0% 0%
Volume (veh/h) 51 25 31 41 24 46
Peak Hour Factor 0.92 0.92 0.92 0.92 0.92 0.92
Hourly flow rate (veh/h) 55 27 34 45 26 50
Pedestrians
Lane Width (ft)
Walking Speed (ft/s)
Percent Blockage
Right turn flare (veh)
Median type None
Median storage veh)
vC, conflicting volume 163 51 76
vC1, stage 1 conf vol
vC2, stage 2 conf vol
tC, single (s) 6.4 6.2 4.1
tC, 2 stage (s)
tF (s) 3.5 3.3 2.2
p0 queue free % 93 97 98
cM capacity (veh/h) 809 1017 1523
Direction, Lane # EB 1 NB 1 SB 1
Volume Total 83 78 76
Volume Left 55 34 0
Volume Right 27 0 50
cSH 868 1523 1700
Volume to Capacity 0.10 0.02 0.04
Queue Length (ft) 8 2 0
Control Delay (s) 9.6 3.3 0.0
Lane LOS A A
Approach Delay (s) 9.6 3.3 0.0
Approach LOS A
Intersection Summary
Average Delay 4.4
Intersection Capacity Utilization 16.7% ICU Level of Service A
HCM Unsignalized Intersection Capacity Analysis 6: Frontage Road & Valley Road
H:\E5875\Reports\Traffic\Synchro\2030 Total PM.sy6
Synchro 5 Report
9/19/2008 Page 1
DREXELBOUL-ST51
Movement EBL EBR NBL NBT SBT SBR
Lane Configurations
Sign Control Stop Free Free
Grade 0% 0% 0%
Volume (veh/h) 40 35 69 16 44 44
Peak Hour Factor 0.92 0.92 0.92 0.92 0.92 0.92
Hourly flow rate (veh/h) 43 38 75 17 48 48
Pedestrians
Lane Width (ft)
Walking Speed (ft/s)
Percent Blockage
Right turn flare (veh)
Median type None
Median storage veh)
vC, conflicting volume 239 72 96
vC1, stage 1 conf vol
vC2, stage 2 conf vol
tC, single (s) 6.4 6.2 4.1
tC, 2 stage (s)
tF (s) 3.5 3.3 2.2
p0 queue free % 94 96 95
cM capacity (veh/h) 712 991 1498
Direction, Lane # EB 1 NB 1 SB 1
Volume Total 82 92 96
Volume Left 43 75 0
Volume Right 38 0 48
cSH 819 1498 1700
Volume to Capacity 0.10 0.05 0.06
Queue Length (ft) 8 4 0
Control Delay (s) 9.9 6.2 0.0
Lane LOS A A
Approach Delay (s) 9.9 6.2 0.0
Approach LOS A
Intersection Summary
Average Delay 5.1
Intersection Capacity Utilization 23.1% ICU Level of Service A
HCM Unsignalized Intersection Capacity Analysis10: Frontage Road & Lane Ranch West Access
H:\E5875\Reports\Traffic\Synchro\2009 Total AM.sy6
Synchro 5 Report
6/24/2008 Page 1
DREXELBOUL-ST51
Movement EBT EBR WBL WBT NBL NBR
Lane Configurations
Sign Control Free Free Stop
Grade 0% 0% 0%
Volume (veh/h) 90 5 1 88 16 5
Peak Hour Factor 0.92 0.92 0.92 0.92 0.92 0.92
Hourly flow rate (veh/h) 98 5 1 96 17 5
Pedestrians
Lane Width (ft)
Walking Speed (ft/s)
Percent Blockage
Right turn flare (veh)
Median type None
Median storage veh)
vC, conflicting volume 103 198 101
vC1, stage 1 conf vol
vC2, stage 2 conf vol
tC, single (s) 4.1 6.4 6.2
tC, 2 stage (s)
tF (s) 2.2 3.5 3.3
p0 queue free % 100 98 99
cM capacity (veh/h) 1489 790 955
Direction, Lane # EB 1 WB 1 NB 1
Volume Total 103 97 23
Volume Left 0 1 17
Volume Right 5 0 5
cSH 1700 1489 824
Volume to Capacity 0.06 0.00 0.03
Queue Length (ft) 0 0 2
Control Delay (s) 0.0 0.1 9.5
Lane LOS A A
Approach Delay (s) 0.0 0.1 9.5
Approach LOS A
Intersection Summary
Average Delay 1.0
Intersection Capacity Utilization 15.5% ICU Level of Service A
HCM Unsignalized Intersection Capacity Analysis10: Frontage Road & Lane Ranch West Access
H:\E5875\Reports\Traffic\Synchro\2009 Total PM.sy6
Synchro 5 Report
9/18/2008 Page 1
DREXELBOUL-ST51
Movement EBT EBR WBL WBT NBL NBR
Lane Configurations
Sign Control Free Free Stop
Grade 0% 0% 0%
Volume (veh/h) 84 17 5 104 10 3
Peak Hour Factor 0.92 0.92 0.92 0.92 0.92 0.92
Hourly flow rate (veh/h) 91 18 5 113 11 3
Pedestrians
Lane Width (ft)
Walking Speed (ft/s)
Percent Blockage
Right turn flare (veh)
Median type None
Median storage veh)
vC, conflicting volume 110 224 101
vC1, stage 1 conf vol
vC2, stage 2 conf vol
tC, single (s) 4.1 6.4 6.2
tC, 2 stage (s)
tF (s) 2.2 3.5 3.3
p0 queue free % 100 99 100
cM capacity (veh/h) 1480 761 955
Direction, Lane # EB 1 WB 1 NB 1
Volume Total 110 118 14
Volume Left 0 5 11
Volume Right 18 0 3
cSH 1700 1480 798
Volume to Capacity 0.06 0.00 0.02
Queue Length (ft) 0 0 1
Control Delay (s) 0.0 0.4 9.6
Lane LOS A A
Approach Delay (s) 0.0 0.4 9.6
Approach LOS A
Intersection Summary
Average Delay 0.7
Intersection Capacity Utilization 16.5% ICU Level of Service A
HCM Unsignalized Intersection Capacity Analysis10: Frontage Road & Lane Ranch West Access
H:\E5875\Reports\Traffic\Synchro\2030 Total AM.sy6
Synchro 5 Report
6/24/2008 Page 1
DREXELBOUL-ST51
Movement EBT EBR WBL WBT NBL NBR
Lane Configurations
Sign Control Free Free Stop
Grade 0% 0% 0%
Volume (veh/h) 99 5 1 96 16 5
Peak Hour Factor 0.92 0.92 0.92 0.92 0.92 0.92
Hourly flow rate (veh/h) 108 5 1 104 17 5
Pedestrians
Lane Width (ft)
Walking Speed (ft/s)
Percent Blockage
Right turn flare (veh)
Median type None
Median storage veh)
vC, conflicting volume 113 217 110
vC1, stage 1 conf vol
vC2, stage 2 conf vol
tC, single (s) 4.1 6.4 6.2
tC, 2 stage (s)
tF (s) 2.2 3.5 3.3
p0 queue free % 100 98 99
cM capacity (veh/h) 1476 771 943
Direction, Lane # EB 1 WB 1 NB 1
Volume Total 113 105 23
Volume Left 0 1 17
Volume Right 5 0 5
cSH 1700 1476 806
Volume to Capacity 0.07 0.00 0.03
Queue Length (ft) 0 0 2
Control Delay (s) 0.0 0.1 9.6
Lane LOS A A
Approach Delay (s) 0.0 0.1 9.6
Approach LOS A
Intersection Summary
Average Delay 0.9
Intersection Capacity Utilization 16.0% ICU Level of Service A
HCM Unsignalized Intersection Capacity Analysis10: Frontage Road & Lane Ranch West Access
H:\E5875\Reports\Traffic\Synchro\2030 Total PM.sy6
Synchro 5 Report
9/18/2008 Page 1
DREXELBOUL-ST51
Movement EBT EBR WBL WBT NBL NBR
Lane Configurations
Sign Control Free Free Stop
Grade 0% 0% 0%
Volume (veh/h) 91 17 5 114 10 3
Peak Hour Factor 0.92 0.92 0.92 0.92 0.92 0.92
Hourly flow rate (veh/h) 99 18 5 124 11 3
Pedestrians
Lane Width (ft)
Walking Speed (ft/s)
Percent Blockage
Right turn flare (veh)
Median type None
Median storage veh)
vC, conflicting volume 117 243 108
vC1, stage 1 conf vol
vC2, stage 2 conf vol
tC, single (s) 4.1 6.4 6.2
tC, 2 stage (s)
tF (s) 2.2 3.5 3.3
p0 queue free % 100 99 100
cM capacity (veh/h) 1471 743 946
Direction, Lane # EB 1 WB 1 NB 1
Volume Total 117 129 14
Volume Left 0 5 11
Volume Right 18 0 3
cSH 1700 1471 781
Volume to Capacity 0.07 0.00 0.02
Queue Length (ft) 0 0 1
Control Delay (s) 0.0 0.3 9.7
Lane LOS A A
Approach Delay (s) 0.0 0.3 9.7
Approach LOS A
Intersection Summary
Average Delay 0.7
Intersection Capacity Utilization 17.2% ICU Level of Service A
HCM Unsignalized Intersection Capacity Analysis11: Frontage Road & Lane Ranch East Access
H:\E5875\Reports\Traffic\Synchro\2009 Total AM.sy6
Synchro 5 Report
9/18/2008 Page 1
DREXELBOUL-ST51
Movement EBT EBR WBL WBT NBL NBR
Lane Configurations
Sign Control Free Free Stop
Grade 0% 0% 0%
Volume (veh/h) 100 5 2 75 18 7
Peak Hour Factor 0.92 0.92 0.92 0.92 0.92 0.92
Hourly flow rate (veh/h) 109 5 2 82 20 8
Pedestrians
Lane Width (ft)
Walking Speed (ft/s)
Percent Blockage
Right turn flare (veh)
Median type None
Median storage veh)
vC, conflicting volume 114 197 111
vC1, stage 1 conf vol
vC2, stage 2 conf vol
tC, single (s) 4.1 6.4 6.2
tC, 2 stage (s)
tF (s) 2.2 3.5 3.3
p0 queue free % 100 98 99
cM capacity (veh/h) 1475 790 942
Direction, Lane # EB 1 WB 1 NB 1
Volume Total 114 84 27
Volume Left 0 2 20
Volume Right 5 0 8
cSH 1700 1475 828
Volume to Capacity 0.07 0.00 0.03
Queue Length (ft) 0 0 3
Control Delay (s) 0.0 0.2 9.5
Lane LOS A A
Approach Delay (s) 0.0 0.2 9.5
Approach LOS A
Intersection Summary
Average Delay 1.2
Intersection Capacity Utilization 16.1% ICU Level of Service A
HCM Unsignalized Intersection Capacity Analysis11: Frontage Road & Lane Ranch East Access
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Synchro 5 Report
9/18/2008 Page 1
DREXELBOUL-ST51
Movement EBT EBR WBL WBT NBL NBR
Lane Configurations
Sign Control Free Free Stop
Grade 0% 0% 0%
Volume (veh/h) 74 20 7 110 12 4
Peak Hour Factor 0.92 0.92 0.92 0.92 0.92 0.92
Hourly flow rate (veh/h) 80 22 8 120 13 4
Pedestrians
Lane Width (ft)
Walking Speed (ft/s)
Percent Blockage
Right turn flare (veh)
Median type None
Median storage veh)
vC, conflicting volume 102 226 91
vC1, stage 1 conf vol
vC2, stage 2 conf vol
tC, single (s) 4.1 6.4 6.2
tC, 2 stage (s)
tF (s) 2.2 3.5 3.3
p0 queue free % 99 98 100
cM capacity (veh/h) 1490 758 966
Direction, Lane # EB 1 WB 1 NB 1
Volume Total 102 127 17
Volume Left 0 8 13
Volume Right 22 0 4
cSH 1700 1490 801
Volume to Capacity 0.06 0.01 0.02
Queue Length (ft) 0 0 2
Control Delay (s) 0.0 0.5 9.6
Lane LOS A A
Approach Delay (s) 0.0 0.5 9.6
Approach LOS A
Intersection Summary
Average Delay 0.9
Intersection Capacity Utilization 17.2% ICU Level of Service A
HCM Unsignalized Intersection Capacity Analysis11: Frontage Road & Lane Ranch East Access
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Synchro 5 Report
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DREXELBOUL-ST51
Movement EBT EBR WBL WBT NBL NBR
Lane Configurations
Sign Control Free Free Stop
Grade 0% 0% 0%
Volume (veh/h) 109 5 2 83 18 7
Peak Hour Factor 0.92 0.92 0.92 0.92 0.92 0.92
Hourly flow rate (veh/h) 118 5 2 90 20 8
Pedestrians
Lane Width (ft)
Walking Speed (ft/s)
Percent Blockage
Right turn flare (veh)
Median type None
Median storage veh)
vC, conflicting volume 124 216 121
vC1, stage 1 conf vol
vC2, stage 2 conf vol
tC, single (s) 4.1 6.4 6.2
tC, 2 stage (s)
tF (s) 2.2 3.5 3.3
p0 queue free % 100 97 99
cM capacity (veh/h) 1463 771 930
Direction, Lane # EB 1 WB 1 NB 1
Volume Total 124 92 27
Volume Left 0 2 20
Volume Right 5 0 8
cSH 1700 1463 810
Volume to Capacity 0.07 0.00 0.03
Queue Length (ft) 0 0 3
Control Delay (s) 0.0 0.2 9.6
Lane LOS A A
Approach Delay (s) 0.0 0.2 9.6
Approach LOS A
Intersection Summary
Average Delay 1.1
Intersection Capacity Utilization 16.6% ICU Level of Service A
HCM Unsignalized Intersection Capacity Analysis11: Frontage Road & Lane Ranch East Access
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Synchro 5 Report
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DREXELBOUL-ST51
Movement EBT EBR WBL WBT NBL NBR
Lane Configurations
Sign Control Free Free Stop
Grade 0% 0% 0%
Volume (veh/h) 82 20 7 120 12 4
Peak Hour Factor 0.92 0.92 0.92 0.92 0.92 0.92
Hourly flow rate (veh/h) 89 22 8 130 13 4
Pedestrians
Lane Width (ft)
Walking Speed (ft/s)
Percent Blockage
Right turn flare (veh)
Median type None
Median storage veh)
vC, conflicting volume 111 246 100
vC1, stage 1 conf vol
vC2, stage 2 conf vol
tC, single (s) 4.1 6.4 6.2
tC, 2 stage (s)
tF (s) 2.2 3.5 3.3
p0 queue free % 99 98 100
cM capacity (veh/h) 1479 739 956
Direction, Lane # EB 1 WB 1 NB 1
Volume Total 111 138 17
Volume Left 0 8 13
Volume Right 22 0 4
cSH 1700 1479 783
Volume to Capacity 0.07 0.01 0.02
Queue Length (ft) 0 0 2
Control Delay (s) 0.0 0.4 9.7
Lane LOS A A
Approach Delay (s) 0.0 0.4 9.7
Approach LOS A
Intersection Summary
Average Delay 0.9
Intersection Capacity Utilization 17.9% ICU Level of Service A
X. CDOT State Highway Access Permits
Y. Roaring Fork Conservancy: Letter of Engagement
Z. Declaration of Covenants, Conditions and Restrictions
-i-
DECLARATION
OF
COVENANTS, CONDITIONS AND RESTRICTIONS
FOR
TCI LANE RANCH PLANNED UNIT DEVELOPMENT
-ii-
TABLE OF CONTENTS
A R T I C L E 1 G E N E R A L.......................................................1
1.1 Common Interest Community ..................................1
1.2 Purposes of Declaration. ......................................1
1.3 Declaration .................................................1
1 . 4 M i s s i o n o f T C I L a n e R a n c h . ...................................2
A R T I C L E 2 D E F I N I T I O N S....................................................2
2.1 Act. ......................................................2
2.2 Administrative Functions. .....................................2
2.3 Affordable Housing Deed Restriction ............................2
2.4 Allocated Interests. ..........................................2
2.5 Approval Resolution. ........................................3
2.6 Articles of Incorporation. .....................................3
2.7 Assessment. ................................................3
2.8 Association ................................................3
2.9 Association Documents ......................................3
2.10 Association Functions.........................................3
2.11 Association Property..........................................4
2.12 Board of Directors. ..........................................4
2.13 Budget. ...................................................4
2.14 Building Envelope. ..........................................4
2.15 Bylaws. ...................................................4
2.16 Common Area. .............................................4
2.17 Common Assessment. ........................................4
2.18 Common Expenses ...........................................5
2.19 Common Interest Community ..................................6
2.20 Conservation Area ..........................................6
2.21 Conservation Easement .......................................6
2.22 County ....................................................6
2.23 Declarant ..................................................6
2.24 Declaration ................................................7
2.25 Deed of Trust ...............................................7
2.26 Design Review Committee ....................................7
2.27 Designated Wetland. .........................................7
2.28 Duplex Lot .................................................7
2.29 Improvement ...............................................7
2.30 Improvement to Property .....................................7
2.31 Irrigation Feature............................................7
2.32 Irrigation System ............................................8
2.33 Lease .....................................................8
2.34 Lot .......................................................8
2.35 Maintenance Funds ..........................................8
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2.36 Management Agreement ......................................8
2.37 Managing Agent ............................................8
2.38 Member ...................................................8
2.39 Mortgage ..................................................8
2.40 Mortgagee .................................................8
2.41 Mortgagor ................................................9
2.42 Notice and Hearing .........................................9
2.43 Notice of Completion ........................................9
2.44 Occupant ..................................................9
2.45 Owner ....................................................9
2.46 Party Wall .................................................9
2.47 Permitted Exceptions ........................................9
2.48 Person .....................................................9
2.49 Planned Community .........................................9
2.50 Plat .......................................................9
2.51 Raw Water Irrigation System ..................................1 0
2.52 Record or Recorded ........................................1 0
2.53 Reimbursement Assessment ..................................1 0
2.54 River .....................................................1 0
2.55 Rules and Regulations .......................................1 0
2.57 Special Assessment .........................................1 0
2.58 Successor Declarant ........................................1 0
2.59 Supplemental Declaration ....................................1 1
2.60 Supplemental Plat ..........................................1 1
2.61 Tract. ....................................................1 1
ARTICLE 3 GENERAL RESTRICTIONS APPLICABLE TO COMMON INTEREST
C O M M U N I T Y ..................................................1 1
3.1 Common Interest Community..................................1 1
3.2 Maintenance of Common Interest Community ....................1 1
3.3 Property Uses .............................................1 1
3.4 Maximum Floor Area .......................................1 2
3.5 Construction Type ..........................................1 2
3.6 Building Envelopes .........................................1 2
3.7 No Noxious or Offensive Activity .............................1 2
3.8 Annoying Sounds or Odors ...................................1 3
3.9 No Hazardous Activities .....................................1 3
3.10 No Unsightliness ...........................................1 3
3.11 Yards ....................................................1 3
3.12 Restrictions on Garbage and Trash .............................1 3
3.13 Animals ..................................................1 3
3.14 No Temporary Structures .....................................1 4
3.15 Restriction on Pipes and Utility Lines ..........................1 4
3.16 Restrictions on Signs and Advertising ..........................1 4
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3.17 Restrictions on Mining or Drilling .............................1 4
3.18 Wells ....................................................1 5
3.19 Maintenance of Drainage .....................................1 5
3.20 Wetlands and Floodplain Areas ...............................1 5
3.21 Compliance with Insurance Requirements .......................1 5
3.22 Compliance with Laws ......................................1 5
3.23 Restrictions on Resubdivision of Lots ...........................1 6
3.24 Consolidation of Lots ........................................1 6
3.25 Raw Water lrrigation System ..................................1 6
3.26 Restrictions on Water Systems ................................1 6
3.27 Restoration in the Event of Damage or Destruction ................1 6
3.28 Storage ...................................................1 6
3.29 Vehicle Repairs ............................................1 6
3.30 Storage of Gasoline and Explosives, Etc.........................1 7
3.31 Trailers, Campers, Recreational and Junk Vehicles ................1 7
3.32 Fences ...................................................1 7
3.33 Air Conditioning and Heating Equipment/Solar Collecting Devices ...1 7
3.34 Leases ....................................................1 8
3.35 Easements;................................................1 8
3.36 Landscaping ...............................................1 9
3.37 Maintenance of Common Areas ...............................2 0
3.38 Swimming Pools and Pool Equipment ..........................2 0
3.39 Outside Lighting ...........................................2 0
3.40 Fire Protection .............................................2 0
3.41 Irrigation Systems and Irrigation ...............................2 0
3.42 Irrigation of Association Property ..............................2 1
3.43 Antenna and Satellite Dishes .................................2 1
3.44 Division of Wildlife Recommendations .........................2 2
ARTICLE 4 ARCHITECTURAL APPROVAL ...................................2 2
4.1 Approval of Improvements Required............................2 2
4.2 Membership of Committee....................................2 2
4.3 Establishment of Subcommittees. ..............................2 3
4.4 Address of Design Review Committee...........................2 3
4.5 Submission of Plans. ........................................2 3
4.6 Criteria for Approval. .......................................2 3
4.7 Design Guidelines...........................................2 4
4.8 Design Review Fee..........................................2 4
4.9 Decision of Committee. .....................................2 4
4.10 Failure of Committee to Act on Plans............................2 5
4.11 Completion of Work After Approval. ...........................2 5
4.12 Notice of Completion. .......................................2 5
4.13 Inspection of Work. .........................................2 5
4.14 Notice of Satisfactory Completion of Improvement to Property .......2 5
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4.15 Notice of Noncompliance.....................................2 6
4.16 Performance Guaranty for Noncompliance or Incompletion ..........2 6
4.17 Failure of Committee to Act After Completion ....................2 7
4.18 Appeal to Board of Directors of Finding of Noncompliance .........2 7
4.19 Correction of Noncompliance..................................2 7
4.20 No Implied Waiver or Estoppel ................................2 8
4.21 Committee Power to Grant Variances. ..........................2 8
4.22 Meetings of Committee.......................................2 8
4.23 Records of Actions. .........................................2 8
4.24 Estoppel Certificates.........................................2 9
4.25 Nonliability of Committee Action. .............................2 9
4.26 Construction Period Exception.................................2 9
A R T I C L E 5 A S S O C I A T I O N P R O P E R T Y .......................................2 9
5.1 Division Into Lots...........................................2 9
5.2 Delineation of Lot Boundaries. ................................3 0
5.3 Member's Rights of Use and Enjoyment Generally.................3 0
5.4 Right of Association to Regulate Use ...........................3 0
5.5 Inseparability of Lot .........................................3 0
5.6 Description of a Lot .........................................3 1
5.7 No Partition of Association Property. ...........................3 1
5.8 Redesignation of Common Areas...............................3 2
5.9 Liability of Owners for Damage................................3 2
5.10 Association Duties if Damage, Destruction, or
Required Improvements. .....................................3 3
5.11 Delegation of Management and Maintenance Duties ...............3 3
5.12 Limitation Upon Liability of Association ........................3 3
5.13 Association Powers in the Event of Condemnation .................3 3
5.14 Disposition of Association Property Upon Termination
of Common Interest Community. ..............................3 4
ARTICLE 6 DECLARANT'S RESERVED RIGHTS ..............................3 5
6.1 Completion of Improvements. ................................3 6
6.2 Sales, Marketing and Management..............................3 6
6.3 Merger....................................................3 6
6.4 Declarant Control of Association ..............................3 7
6.5 Declarant’s Rights to Grant and Create Easements
6.6 Withdrawal Rights and Procedure. .............................3 7
6.7 Subdivision of Blocks or Lots or Units; Conversions of Lots
or Units into Master Common Area. ............................3 8
6.8 Effect of Expansion or Contraction. ............................3 8
6.9 Other Reserved Development Rights. ...........................3 8
6.10 Transfer of Declarant’s Reserved Rights .........................3 8
6.11 Termination of Declarant’s Reserved Rights ......................3 8
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A R T I C L E 7 A S S O C I A T I O N O P E R A T I O N .....................................3 9
7.1 Association ................................................3 9
7.2 Association Board of Directors. ...............................3 9
7.3 Membership in Association ...................................3 9
7.4 Voting Rights of Members. ...................................4 0
7.5 Declarant Control. ..........................................4 0
7.6 Termination of Contracts and Leases of Declarant .................4 0
7.7 Determination of Member Voting Privileges .....................4 1
7.8 Registration of Owners.......................................4 1
ARTICLE 8 DUTIES AND POWERS OF ASSOCIATION ..........................4 1
8.1 General Duties and Powers of Association .......................4 1
8.2 Duty to Accept Property and Facilities Transferred by Declarant .....4 1
8.3 Duty to Manage and Care for Association Property ................4 2
8.4 Duty to Pay Taxes. .........................................4 2
8.5 Duty to Maintain Casualty Insurance ...........................4 2
8.6 Duty to Maintain Liability Insurance. ...........................4 2
8.7 General Provisions Respecting Insurance ........................4 3
8.8 Maintenance of Fidelity Insurance. .............................4 3
8.9 Other Insurance and Bonds ...................................4 4
8.10 Insurance Proceeds. .........................................4 4
8.11 Nonliability of Association or Board of Directors ..................4 4
8.12 Insurance Claims. ..........................................4 4
8.13 Benefit....................................................4 4
8.14 Other Insurance to be Carried by Owners or Occupants .............4 4
8.15 Repair and Replacement. ....................................4 5
8.16 Cancellation. ..............................................4 6
8.17 Duty to Prepare Budgets .....................................4 6
8.18 Duty to Levy and Collect Assessments. .........................4 6
8.19 Duty to Keep Association Records..............................4 6
8.20 Duties with Respect to Design Review Committee Approvals ........4 6
8.21 Power to Acquire Property and Construct Improvements ............4 6
8.22 Power to Adopt Rules and Regulations ..........................4 6
8.23 Power to Enforce Declaration and Rules and Regulations ...........4 7
8.24 Power to Grant Easements. ...................................4 7
8.25 Power to Convey and Dedicate Property to Governmental Agencies ...4 7
8.26 Power to Borrow Money and Mortgage Property ..................4 8
8.27 Power to Engage Employees, Agents, and Consultants .............4 8
8.28 General Corporate Powers ....................................4 8
8.29 Power to Provide Association Functions .........................4 8
8.30 Power to Provide Special Services to Members ...................4 8
8.31 Power to Charge for Association Property, Facilities and Services ....4 8
8.32 Power to Employ Managers ...................................4 9
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8.33 Association as Attorney-In-Fact................................4 9
8.34 Powers Provided by Law. ....................................4 9
ARTICLE 9 ASSESSMENTS, BUDGETS AND FUNDS ...........................5 0
9.1 Assessment Obligation. .....................................5 0
9.2 Common Assessments. ......................................5 0
9.3 Apportionment of Common Assessments ........................5 0
9.4 Reserve Funds..............................................5 0
9.5 Annual Budgets ............................................5 2
9.6 Supplemental Common Assessments............................5 3
9.7 Commencement of Common Assessments/Common Interest Communities.
9.8 Payment of Assessment. .....................................5 3
9.9 Payment of Assessment. .....................................5 3
9.10 Failure to Fix Assessment. ...................................5 3
9.11 Special Assessments. .......................................5 3
9.12 Reimbursement Assessments. .................................5 4
9.13 Roaring Fork Conservancy Educational Site Contribution.
9.14 Declarant’s Obligation to Pay Assessments ......................5 5
9.15 Late Charges and Interest ....................................5 5
9.16 Attribution of Payments. .....................................5 5
9.17 Notice of Default............................................5 5
9.18 Remedies to Enforce Assessments. .............................5 6
9.19 Lawsuit to Enforce Assessments. .............................5 6
9.20 Successor’s Liability for Assessments. ..........................5 6
9.21 Lien to Enforce Assessments. .................................5 6
9.22 Estoppel Certificates. .......................................5 7
9.23 Assessments for Tort Liability. ................................5 7
9.24 No Offsets ................................................5 7
9.25 Liens. ....................................................5 7
ARTICLE 10 SPECIAL PROVISIONS REGARDING AIR QUALITY .................5 7
10.1 Air Quality Restrictions. .....................................5 7
10.2 Duration and Enforceability. ..................................5 8
A R T I C L E 1 1 S P E C I A L P R O V I S I O N S C O N C E R N I N G D U P L E X L O T S ...............5 8
11.1 Party Wall ................................................5 8
11.2 Easements Applicable to Duplex Lots ...........................6 0
11.3 Maintenance and Repair of Utilities and the Roofs .................6 0
11.4 Insurance .................................................6 1
11.5 Assistance of the Association .................................6 2
A R T I C L E 1 2 M I S C E L L A N E O U S ..............................................6 2
12.1 Term and Termination of Declaration. ..........................6 2
12.2 Declarant’s Rights Regarding Transfer..........................6 2
-viii-
12.3 Amendment of Declaration by Declarant ........................6 2
12.4 Amendment of Declaration by Members .........................6 3
12.5 Amendment of Articles and Bylaws ............................6 3
12.6 Alternative Dispute Resolution.................................6 3
12.7 Special Rights of First Mortgagees .............................6 3
12.8 Priority of First Mortgage Over Assessments .....................6 4
12.9 First Mortgage Right to Pay Taxes and Insurance Premiums .........6 4
12.10 Association Right to Mortgage Information ......................6 4
12.11 Notices. ..................................................6 4
12.12 Persons Entitled to Enforce Declaration .........................6 4
12.13 Violations Constitute a Nuisance ...............................6 5
12.14 Enforcement of Self-Help.....................................6 5
12.15 Violations of Law ..........................................6 5
12.16 Remedies Cumulative .......................................6 5
12.17 Costs and Attorneys' Fees.....................................6 5
12.18 Indemnification.............................................6 5
12.19 Determination Required. .....................................6 6
12.20 Trustees and Officers Insurance ...............................6 6
12.21 No Representations or Warranties ..............................6 7
12.22 Liberal Interpretation. .......................................6 7
12.23 Governing Law ............................................6 7
12.24 Conflict of Provisions. ......................................6 7
12.25 Colorado Common Interest Ownership Act.......................6 7
12.26 Nonwaiver.................................................6 7
12.27 Severability ...............................................6 8
12.28 Number and Gender. ........................................6 8
12.29 Captions for Convenience ....................................6 8
12.30 Exhibits...................................................6 8
12.31 Mergers or Consolidations ....................................6 8
12.32 Disclaimer Regarding Safety. .................................6 8
T a b l e o f E x h i b i t s .............................................................7 0
1
DECLARATION OF
PROTECTIVE COVENANTS, CONDITIONS, AND RESTRICTIONS FOR
TCI LANE RANCH PLANNED UNIT DEVELOPMENT
THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR
TCI LANE RANCH PLANNED UNIT DEVELOPMENT (this "Declaration") dated as of the ____
day of ____________ 200___, shall be effective upon recordation and is made by TCI Lane Ranch,
LLC, a Colorado limited liability company (the "Declarant").
ARTICLE 1 GENERAL
1.1 Common Interest Community. Declarant is the owner of that certain parcel of land
located in the County of Garfield, Colorado, more particularly described on Exhibit "A", attached
hereto and incorporated herein by reference (the "Common Interest Community"). Declarant intends
to develop the Common Interest Community as a high quality Planned Community of single family
and duplex residential Lots. There shall be a maximum of one hundred twenty (120) Lots within
the Common Interest Community.
1.2 Purposes of Declaration. This Declaration is executed (a) in furtherance of a common
and general plan for the Common Interest Community; (b) to protect and enhance the quality, value,
desirability and attractiveness of the Common Interest Community; (c) to provide for an Association
as a vehicle to hold, maintain, care for and manage Association Property, including internal
landscaped areas which will benefit all Owners of Lots; (d) to define the duties, powers and rights
of the Association; (e) to define certain duties, powers and rights of Owners of Lots within the
Common Interest Community; and (f) to comply with and effectuate the terms and provisions of the
Act.
1.3 Declaration. Declarant, for itself, its successors and assigns, hereby declares that the
Common Interest Community and any property which may become subject to this Declaration in
the manner hereinafter provided, and each part thereof, shall, from the date the same becomes
subject to this Declaration, be owned, held, transferred, conveyed, sold, leased, rented,
hypothecated, encumbered, used, occupied, maintained, altered and improved subject to the
covenants, conditions, restrictions, limitations, reservations, exceptions, equitable servitudes and
other provisions set forth in this Declaration, for the duration hereof, all of which are declared to be
part of, pursuant to, and in furtherance of a common and general plan of development, improvement,
enhancement and protection of the Common Interest Community. The provisions of this
Declaration are intended to and shall run with the land, and until their expiration in accordance with
the terms hereof, shall bind, be a charge upon and inure to the mutual benefit of (a) the Common
Interest Community, and each part or parcel thereof, (b) Declarant and its successors and assigns,
(c) the Association and its successors and assigns, and (d) all Persons having or acquiring any right,
title or interest in any property which is or becomes part of the Common Interest Community, or any
part or parcel thereof, or any Improvement thereon, and their heirs, personal representatives,
successors and assigns. This Declaration shall be Recorded in the County and shall be indexed in
the grantee's index in the name of the Declarant and the Association and in the Grantor's Index in
2
the name of each person or entity executing this Declaration.
1.4 Mission of TCI Lane Ranch. The mission of the Association is to create, maintain
and promote a living environment within the Common Interest Community that is both physically
and mentally healthy. In making decisions concerning the Common Interest Community, the
Association and its Board of Directors should seek to promote the following values: responsibility
to world, national, Colorado and local natural and human resources; sustainability; durability; use
and reuse of organic materials, inspiring, invigorating, practical, of high quality and value, efficient
and unique.
ARTICLE 2 DEFINITIONS
Unless otherwise expressly provided herein, the following words and phrases when used in
this Declaration shall have the meanings hereinafter specified.
2.1 Act. "Act" shall mean the Colorado Common Interest Ownership Act, C.R.S. 38-
33.3-101, et. seq., as the same may be amended from time to time. Any term not defined herein shall
have the meaning established in the Act.
2.2 Administrative Functions. "Administrative Functions" shall mean all functions as
are necessary and proper under this Declaration and shall include, without limitation, providing
management and administration of the Association; providing design review services under Article
4 hereof; incurring reasonable attorneys' fees and accountants' fees; obtaining errors and omissions
insurance for officers, directors and agents of the Association; obtaining fidelity bonds for any
Person handling funds of the Association; paying taxes levied against the Association Property;
incurring filing fees, recording costs, and bookkeeping fees; obtaining and maintaining offices and
office furniture and equipment; and performing other such reasonable and ordinary administration
tasks associated with operating the Association as determined by the Board of Directors from time
to time.
2.3 Affordable Housing Deed Restriction. “Affordable Housing Deed Restriction” shall
mean the Declaration of Affordable Housing Deed Restriction and Agreement Concerning the Sale,
Occupancy and Resale of Property in TCI Lane Ranch Subdivision, Garfield County, Colorado to
be granted by Declarant which shall set forth all provisions regarding the use, occupancy, and
alienation, of the Improvements to be constructed by Declarant on the Lots _________________,
all as required by applicable Garfield County regulations and Garfield County’s approval of TCI
Lane Ranch Subdivision.
2.4 Allocated Interests. “Allocated Interests” means the liability for Common
Assessments and the votes in the Association allocated to each Lot within the Common Interest
Community, which Allocated Interests are shown in Exhibit B, attached hereto. In Exhibit B, the
Owner of each Lot has been allocated one vote in the Association. The obligation of each Lot
3
Owner to pay Common Assessments has been allocated to Owners of those Lots which are not
subject to the Affordable Housing Deed Restriction (which Lots are referred to herein as “Free
Market Lots”) and Owners of Lots which are subject to the Affordable Housing Deed Restriction
(“Deed Restricted Lots”) on a ratio of three to one; that is, the Owner of each Free Market Lot will
pay three times the amount of each Common Assessment as will the Owner of each Deed Restricted
Lot. The purpose of this allocation percentage is consistent with Garfield County’s intent that the
Deed Restricted Lots be affordable to those earning lower incomes. To promote the continued
affordability of the Deed Restricted Lots, the allocation of Common Assessments between Free
Market Lots and Deed Restricted Lots may not be amended or otherwise revised without the
approval of Owners of one hundred percent (100%) of the Lots within TCI Lane Ranch.
2.5 Approval Resolution. Resolution of the Garfield County Board of County
Commissioners No. ______, Series of 2009, which granted Declaration the right to construct TCI
Lane Ranch in accordance with the application filed by Declarant and to record the Final Plat. The
Approval Resolution was Recorded on _______________, 2009, as Reception No. ____________.
2.6 Articles of Incorporation. "Articles of Incorporation" or “Articles” shall mean the
Articles of Incorporation of TCI Lane Ranch Homeowners Association, which have been or will be
filed with the office of the Secretary of State in the State of Colorado, as the same may be amended
from time to time.
2.7 Assessment. "Assessment" or “Assessments” shall mean the Common Assessment,
Special Assessments or Reimbursement Assessment, levied pursuant to Article 9 below.
Assessments are also referred to as a Common Expense Liability under the Act.
2.8 Association "Association" shall mean TCI Lane Ranch Homeowners Association,
a Colorado nonprofit corporation, and its successors and assigns. The Association acts through its
Board of Directors unless a vote of the Owners is otherwise specifically required by this Declaration
or by the Articles of Incorporation or Bylaws of the Association
2.9 Association Documents “Association Documents” shall mean the basic documents
creating and governing the Common Interest Community, including, but not limited to, this
Declaration, the Articles of Incorporation and Bylaws of the Association, and any procedures, rules,
regulations, or policies relating to the Common Interest Community adopted under such documents
by the Association or the Board of Directors.
2.10 Association Functions. "Association Functions" shall mean and include, but not be
limited to, providing, installing, operating, administering, managing, and overseeing public utilities,
services, and functions for the benefit of Owners, including repairs, replacements and maintenance
obligations commonly associated with municipal or other local governmental or quasi-governmental
organizations, including, without limitation, repair and maintenance of streets, bicycle and
pedestrian paths, trails and walkways; animal, vegetation, insect, and pest control; television service;
parking facilities; street cleaning and snow removal; signage, including entry monuments; lighting,
including seasonal lighting; project and perimeter fencing; landscape walls, landscaping services
and facilities; drainage facilities, including retention and detention ponds; trash and solid waste
4
disposal services, including recycling programs; operation, maintenance and repair of utility
services, and such other services, functions and activities, as are deemed appropriate by the Board
of Directors. The foregoing list shall not be deemed to be a representation by Declarant of services
or facilities which will be available for use of the Owners.
2.11 Association Property. "Association Property" shall mean: (a) all real and personal
property, including Improvements, now or hereafter owned by the Association; (b) all Common
Areas, now or hereafter owned by the Association; (c) all water, water rights, facilities
infrastructure, and any other improvements associated with the Irrigation System now or hereafter
owned by the Association; or (d) all real or personal property with respect to which the Association
holds an easement or license for the use, care, or maintenance thereof, or for which the Association
has a right or duty to maintain, and which property is held for the common use and enjoyment of the
Members pursuant to the terms and provisions of this Declaration. As of the date of this
Declaration, the Association Property is subject to the Permitted Exceptions.
2.12 Board of Directors. "Board of Directors" or "Board" shall mean the Board of
Directors of the Association.
2.13 Budget. "Budget" shall mean a written itemized estimate of the Common Expenses
to be incurred by the Association and prepared pursuant to Section 9.5 of this Declaration.
2.14 Building Envelope. "Building Envelope" shall mean that portion of each Lot which
is designated on the Plat as suitable for construction of habitable living space thereon. As more fully
provided herein, all Improvements to be constructed on a Lot, with the exception of Improvements
which facilitate ingress to and egress from a Lot, or Improvements which are otherwise expressly
authorized by the Design Review Committee, shall be located within the Building Envelope
designated for such Lot.
2.15 Bylaws. "Bylaws" shall mean the Bylaws of the Association which have been or will
be adopted by the Board of Directors of the Association, as the same may be amended from time to
time.
2.16 Common Area. "Common Area" shall mean any portions of the Common Interest
Community designated on the Plat as Common Area or Open Space and which are owned or
maintained by the Association for the common use and enjoyment of the Owners, including, but not
limited to, all streets, lanes, alleys, rights-of-way, roads, entry ways, ponds, entry features,
sidewalks, pathways, trails, gardens, pastures or other open space, and such other easements for the
use and benefit of the Owners as may be provided in this Declaration. Upon completion of the Solar
Array, Tract A (including the Solar Array) shall be conveyed to the Association as a part of the
Common Area, to be owned, maintained, and otherwise controlled and regulated by the Board.
2.17 Common Assessment. "Common Assessment" shall mean the assessments made for
the purpose of covering the portion of the annual expense of operating and administering the
Association, including, but not limited to, Common Expenses and expenses incurred in connection
with certain authorized functions of the Association the costs of which are not otherwise provided
5
for herein, which are to be paid by each Owner to the Association for the purposes provided herein
and charged to such Owner and to the Lot of such Owner.
2.18 Common Expenses “Common Expenses” shall mean any expenditures made or
liabilities incurred by or on behalf of the Association, together with any allocations to reserves,
including, but not limited to, the following:
2.18.1 The cost of maintenance, management, operation, snowplowing, repair and
replacement of the Association Property, including, but not limited to, the Common Areas,
Conservation Area, Public Open Space, Irrigation Features in TCI Lane Ranch, and of all
other parts of the Common Interest Community which are managed or maintained by the
Association or a Managing Agent;
2.18.2 The cost of maintaining and repairing structural elements of the Common
Areas including any structures, sidewalks, walkways, driveways, fencing and trash bins
within the Common Interest Community, and reasonable reserves for any of such costs;
2.18.3 The cost of maintaining, replacing, and improving the landscaping on the
Common Areas;
2.18.4 The cost of improvements constructed from time to time by the Association
on or in connection with the Common Areas, if such costs were included within a duly
adopted Budget;
2.18.5 The cost of management and administration of the Association, including,
but not limited to, compensation paid by the Association to managers, accountants, attorneys
and employees, and/or costs provided to be paid by the Owners in accordance with the terms
of this initial Declaration pursuant to the respective Management Agreements, if any, for the
operation, management, and/or maintenance of the Common Interest Community;
2.18.6 The cost of insurance maintained by the Association as required or permitted
herein;
2.18.7 The cost of utilities and services which are provided to the Association or the
Common Interest Community or parts thereof and not individually metered or assessed to
Lots, and other services which generally benefit and enhance the value and desirability of
the Common Interest Community;
2.18.8 Reasonable reserves for contingencies, replacements, and other proper
purposes as deemed appropriate by the Board of Directors to meet anticipated costs and
expenses including, but not limited to, maintenance, repair and replacement of Common
Areas which must be maintained, repaired or replaced on a periodic basis;
2.18.9 Taxes paid by the Association;
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2.18.10 The cost incurred by any committees that may be established from
time to time by the Board of Directors and compensation that may be paid by the Association
to members of such committees;
2.18.11 All expenses expressly declared to be Common Expenses by this
Declaration, all expenses lawfully determined to be Common Expenses by the Board of
Directors, and all expenses agreed upon as Common Expenses by the Members of the
Association; and
2.18.12 Other expenses incurred by the Association for any reason whatsoever
in connection with the Common Areas, or the cost of any other item or service provided or
performed by the Association pursuant to any of the Association Documents or in
furtherance of the purposes of the Association or in the discharge of any duties or powers
of the Association.
2.19 Common Interest Community "Common Interest Community" shall mean the real
property described in Exhibit "A" attached hereto, subject to the Permitted Exceptions, together with
all Improvements and other amenities now or hereafter located thereon, and together with all
easements, rights, appurtenances and privileges belonging or in any way pertaining thereto.
2.20 Conservation Area "Conservation Area" shall mean that portion of the Common
Interest Community designated by the Declarant and described on Exhibit D attached hereto and
which shall be subject to the Conservation Easement.
2.21 Conservation Easement "Conservation Easement" shall mean that certain Grant of
Conservation Easement to be granted by Declarant to the Roaring Fork Conservancy (the
“Conservancy”), and its successors and assigns, over the Conservation Area. The purpose of the
Conservation Easement is to preserve the conservation values as defined in the Conservation
Easement of the Conservation Area. The Conservation Easement grants to the Conservancy the
right to preserve and maintain those values within the Conservation Easement and along the Roaring
Fork River. Pursuant to the terms of the Conservation Easement, the Declarant, and its successors
and assigns, including the Association, shall be responsible to pay the Conservancy for the
performance of its duties under the Conservation Easement, all as more particularly set out in the
Conservation Easement.
2.22 County "County" shall mean Garfield County, Colorado.
2.23 Declarant "Declarant" shall mean TCI Lane Ranch, LLC, a Colorado limited liability
company, its successors, assigns and affiliates. A Person shall be deemed to be a "successor and
assign" of TCI Lane Ranch, LLC, as Declarant, only if specifically designated in a duly Recorded
instrument as a successor or assign of Declarant under this Declaration and shall be deemed a
successor and assign of Declarant only as to the particular rights or interests of Declarant under this
Declaration which are specifically designated in the written instrument. However, a successor to
TCI Lane Ranch, LLC by consolidation or merger shall automatically be deemed a successor or
assign of TCI Lane Ranch, LLC, as Declarant under this Declaration. The term “affiliate of
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Declarant” shall have the meaning set forth in Section 38-33.3-103(1) of the Act.
2.24 Declaration “Declaration” shall mean this Declaration of Covenants, Conditions and
Restrictions for TCI Lane Ranch Planned Unit Development, together with any supplement or
amendment to this Declaration, recorded by Declarant in the Office of the Clerk and Recorder of
Garfield County, Colorado.
2.25 Deed of Trust "Deed of Trust" shall have the same meaning as a Mortgage.
2.26 Design Review Committee "Design Review Committee" shall mean the Committee
provided for in Article 4 of this Declaration.
2.27 Designated Wetland. “Designated Wetland” shall mean those areas within the
Common Interest Community which contain existing, designated wetland areas, each as shown on
the Final Plat.
2.28 Duplex Lot. “Duplex Lot” shall mean any of the Lots designated as such on the Plat.
2.29 Improvement "Improvement" shall mean all structures and any appurtenances thereto
of every type or kind, including, but not limited to, dwelling units, buildings, outbuildings, barns,
swimming pools, patio covers, awnings, painting of any exterior surfaces of any visible structure,
additions, walkways, outdoor sculptures or artwork, sprinkler and utility pipes, garages, carports,
roads, driveways, parking areas, fences, screening walls, retaining walls, stairs, decks, fixtures,
landscaping, hedges, windbreaks, plantings, planted trees and shrubs, poles, signs, exterior tanks,
solar equipment, exterior air conditioning and water softener fixtures.
2.30 Improvement to Property "Improvement to Property" shall mean any Improvement,
change, alteration or addition to any property within the Common Interest Community, including
, without limitation, any of the following occurring within the Common Interest Community: (a)
the construction, installation, erection, or expansion of any building, structure, or other
Improvement, including utility facilities and fences; (b) the demolition, destruction or removal, by
voluntary action, of any building, structure, tree, vegetation or other Improvement; (c) the grading,
excavation, filling, or similar disturbance to the surface of the land including, without limitation,
change of grade, change of ground level, change of drainage pattern, or change of stream bed; and
(d) any change or alteration of any previously approved Improvement to Property, including any
change of appearance, color, or texture made or contemplated to be made to the exterior of any
manmade structure within the Common Interest Community.
2.31 Irrigation Feature. “Irrigation Feature” shall mean all ditches, ditch lateral, irrigation
structure or equipment or other system which are used, or intended for use, in the irrigation of lands
within the Common Interest Community.
2.32 Irrigation System “Irrigation System” shall mean all of the water, water rights, ditch
rights, facilities and improvements now or hereafter owned by the Association for irrigation
purposes, including, but not limited to, rights which exist or may exist in the Basin Ditch, Middle
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Ditch, Lower Ditch and the C.C. Cerise-Gilligan Ditch. The Irrigation System shall be used for the
irrigation of Association Property, including Common Areas, and may, upon the direction of the
Board, be used for the irrigation of Lots.
2.33 Lease "Lease" shall mean and refer to any agreement for the leasing or rental of a
dwelling unit located on a Lot and, with regard to Tract B or Tract C, the rental of any real property
for agricultural or other purposes.
2.34 Lot "Lot" shall mean any lot within the Common Interest Community which is
shown upon any Recorded Plat, Supplemental Plat, or any other parcel of land which may be sold
or conveyed without violation of the provisions of Colorado law pertaining to the subdivision of
land. For purposes of conforming the terms and provisions of this Declaration to the terms and
conditions of the Act, the term "Lot" shall be analogous to the term "Unit," as that term is defined
in the Act. The term "Lot" shall include each individual unit within a duplex structure built within
the Common Interest Community in conformance with a Recorded Plat or Supplemental Plat. The
term “Lot” shall not include those parcels of real property described on the Final Plat as a “Tract.”
2.35 Maintenance Funds "Maintenance Funds" shall mean the accounts into which the
Board shall deposit monies paid to the Association and from which disbursements shall be made in
the performance of the functions of the Association described in Section 9.1, below.
2.36 Management Agreement “Management Agreement” shall mean any agreement or
arrangement entered into for purposes of discharging the responsibilities of the Board of Directors
relative to the operation, maintenance, and management of the Common Interest Community.
2.37 Managing Agent “Managing Agent” shall mean a person, firm, corporation or other
entity employed or engaged as an independent contractor pursuant to a Management Agreement to
perform management services for the Common Interest Community.
2.38 Member "Member" shall refer to the members of the TCI Lane Ranch Homeowners
Association and shall mean the Person or, if more than one, all Persons collectively who constitute
the Owner of a Lot.
2.39 Mortgage "Mortgage" shall mean any mortgage or deed of trust or other such
instrument, given by the Owner of a Lot, encumbering the Lot to secure the performance of an
obligation or the payment of a debt and which is required to be released upon performance of the
obligation or payment of the debt. The term "Deed of Trust" when used herein shall be synonymous
with the term "Mortgage".
2.40 Mortgagee "Mortgagee" shall mean a mortgagee under a Mortgage or a beneficiary
under a Deed of Trust, as the case may be, and the assignees of such mortgagee.
2.41 Mortgagor "Mortgagor" shall mean the Person who mortgages his or its property to
another (i.e., the maker or grantor of a Mortgage). The term "Mortgagor" shall include a trustor or
grantor under a Deed of Trust.
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2.42 Notice and Hearing "Notice and Hearing" shall mean a written notice and public
hearing before the Board of Directors or a Tribunal, as defined in the Bylaws, appointed by the
Board, in the manner provided in the Bylaws.
2.43 Notice of Completion "Notice of Completion" shall mean written notice to the
Design Review Committee of the completion of any Improvement to Property pursuant to Article
4 of this Declaration.
2.44 Occupant “Occupant” shall mean any person who is a tenant on a Lot, pursuant to
a Lease with the Owner thereof, or any person who is present within a Lot as a family member,
guest, agent, licensee, or invitee of an Owner, an Occupant, the Association, or a Managing Agent.
2.45 Owner "Owner" shall mean the Person, including Declarant, or, if more than one,
all Persons collectively, who holds fee simple title of record to a Lot, including sellers under
executory contracts of sale and excluding buyers thereunder. The term “Owner” shall be analogous
to the term “Unit owner,” as that term is defined in the Act.
2.46 Party Wall. “Party Wall” means the shared wall which exists between the residences
located on adjacent Duplex Lots.
2.47 Permitted Exceptions "Permitted Exceptions" shall mean all conditions, easements,
liens, licenses, reservations, restrictions and other items of record which encumber the title to all or
any part of the Common Interest Community as of the date this Declaration is recorded, which are
enumerated on Exhibit E attached hereto and incorporated herein by this reference. Unless a
subordination or other consent concerning any particular Permitted Exception is Recorded, this
Declaration shall be subject to all such Permitted Exceptions.
2.48 Person "Person" shall mean a natural person, a corporation, a limited liability
company, a partnership, an association, a trust or any other entity or combination thereof capable
of holding title to real property pursuant to the laws of the State of Colorado.
2.49 Planned Community "Planned Community" shall have the same meaning as set forth
in the Act.
2.50 Plat "Plat" shall mean and include the land survey plat (and any amendments thereto)
which depicts all or a portion of the Common Interest Community and which further depicts and
locates thereon the location of Lots, Building Envelopes, Common Areas, and such other items as
may be required by the Act. The Plat, and any amendments or supplements thereto, are hereby
incorporated herein and made a part hereof by reference.
2.51 Raw Water Irrigation System. “Raw Water Irrigation System” shall have the
meaning established in Section 3.25, below.
2.52 Record or Recorded “Record" or "Recorded" shall mean the filing for record of any
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document in the office of the Clerk and Recorder of the County.
2.53 Reimbursement Assessment "Reimbursement Assessment" shall mean a charge
against a particular Owner and his Lot for the purpose of curing or enforcing any violation, directly
attributable to the Owner, of the Declaration or the Rules and Regulations, pursuant to Section 9.17
hereof, together with late charges, interest and costs of collection as provided for herein.
Reimbursement Assessment shall include without limitation any Common Expense caused by the
misconduct of any Owner or of such Owner’s Occupants. As provided in Section 9.11, below, the
Board may also levy a Reimbursement Assessment against one or more Owners for the purpose of
reimbursing the Association for goods or services provided specifically to that Owner or those
Owners provided such arrangement has agreed upon in advance by the Board and the affected
Owners.
2.54 River "River" shall mean the Roaring Fork River.
2.55 Rules and Regulations "Rules and Regulations" shall mean rules and regulations
adopted by the Board of Directors, as provided in Section 8.22, and enforced pursuant to Section
8.23 of this Declaration.
2.56 Solar Array. “Solar Array” shall mean the equipment used for the conversion of
sunlight into electricity to be located on Tract A as shown on the Final Plat. At the time construction
of the Solar Array is completed, as determined by Declarant pursuant to Section __, below, the Solar
Array shall be conveyed to the Association as a part of the Common Area.
2.57 Special Assessment "Special Assessment" shall mean a charge against each Owner
and his Lot representing a portion of the costs of the Association for the purpose of funding
construction, capital repairs, maintenance, replacements, and Improvements within the Common
Interest Community, the costs of which were not included in a Common Assessment, or for excess
repair costs or other extraordinary expenses, or for funding any operating deficit of the Association,
or for any other purpose authorized by the Board of Directors from time to time as provided herein.
2.58 Successor Declarant “Successor Declarant” shall mean any party or entity to whom
Declarant assigns any or all of its rights, obligations, or interest as Declarant, as evidenced by an
assignment or deed of record executed by both Declarant and the transferee or assignee and
Recorded, designating such party as Successor Declarant. Upon Recording of such an assignment
or deed, Declarant’s rights and obligations under this Declaration shall cease and terminate to the
extent provided in the document.
2.59 Supplemental Declaration "Supplemental Declaration" shall mean a written
instrument containing covenants, conditions, restrictions, reservations, easements, or equitable
servitude, or any combination thereof, which may be Recorded in accordance with Section 6.7 of
this Declaration.
2.60 Supplemental Plat "Supplemental Plat" shall mean and include any land survey plat
which is Recorded by Declarant for the purpose of annexing the property described therein to the
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Common Interest Community.
2.61 Tract. “Tract” shall mean any of the real property identified as such on the Final Plat,
all of which shall be a part of the Common Area.
ARTICLE 3 GENERAL RESTRICTIONS APPLICABLE TO COMMON INTEREST
COMMUNITY
3.1 Common Interest Community. All real property within the Common Interest
Community shall be held, used, and enjoyed subject to the following limitations and restrictions, and
subject to exemptions of Declarant set forth in this Declaration. The strict application of the
following limitations and restrictions in any specific case may be modified or waived in whole or
in part by the Design Review Committee if such strict application would be unreasonably or unduly
harsh under the circumstances. Any such modification or waiver must be in writing or be contained
in written guidelines or rules promulgated by the Design Review Committee. Violation of this
Article by an Owner shall permit the Association, after Notice and Hearing, to enter on the Lot of
the Owner and cure the violation or cause compliance with this provision and to levy and collect a
Reimbursement Assessment for the costs and expenses of the Association in so doing; provided,
however, that there shall be no entry into the interior of an Improvement intended for human
occupancy without the consent of the Owner thereof unless a clear emergency exists.
3.2 Maintenance of Common Interest Community No property within the Common
Interest Community shall be permitted to fall into disrepair, and all property within the Common
Interest Community, including any Improvements, landscaping, and weed maintenance and
management thereon, shall be kept and maintained in a clean, attractive, and sightly condition and
in good repair. Unless otherwise provided herein, maintenance, repair, and upkeep of each Lot shall
be the responsibility of the Owner of the Lot. Maintenance, repair and upkeep of Association
Property shall be the responsibility of the Association. The Association and the Board of Directors,
and their respective agents, employees and contractors, are hereby granted perpetual, non-exclusive
easements to enter upon the Lots as may be necessary or appropriate to perform the Association
Functions described in this Declaration.
3.3 Property Uses Except as otherwise provided in Article 6 hereof, all Lots shall be
used for private residential purposes and no dwelling unit erected or maintained within the Common
Interest Community shall be used or occupied for any purpose other than for single-family or duplex
use. Notwithstanding the foregoing, business activities associated with the sale of Lots or residences
constructed thereon shall be allowed. In addition, in-home businesses or occupations not involving
the onsite servicing of customers or employees, other than the Owners, shall be allowed, provided
such activities are permissible under Garfield County zoning ordinances, conducted solely within
the residence and do not create or result in any nuisance or any unreasonable, unwarranted, or
unlawful use or interference with public or private rights, including, but not limited to, unreasonable
or unwarranted use or interference with streets, excessive traffic or parking requirements, rights-of-
way, or sidewalks, or in any other offensive or noxious activities.
3.4 Maximum Floor Area. The maximum floor area which may be built on a Lot is
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shown in Exhibit C. The definition of floor area, as used in this Section 3.4, is also provided in
Exhibit C.
3.5 Construction Type
3.5.1 All construction shall be new.
3.5.2 An engineered foundation shall be required for all residential dwelling units
constructed within TCI Lane Ranch.
3.5.3 No reconstructed or old building, whether intended to be used in whole or in
part as the main residential structure or as a garage or other outbuilding shall be moved upon
any Lot.
3.5.4 Except with the prior approval of the Design Review Committee or as
expressly allowed in other provisions of this Declaration, no temporary building or partly
finished building or structure, including basements, tents, mobile homes, trailers,
doublewides or prefabricated structures designed to be hauled or moved on wheels, camper
trailers or truck-mounted campers shall be erected or placed upon the property or used as a
permanent or temporary dwelling.
3.5.5 Notwithstanding any other provision of this Declaration, there shall be no
restriction on the construction of any prefabricated building within TCI Lane Ranch. For
purposes of this Section 3.4.5, a “prefabricated building” is a building or any material
component of a building which is built off site and later assembled on a Lot within the
Common Interest Community. A prefabricated building shall include buildings built in
components (e.g. panels), modules or in transportable sections. For purposes of this Section,
“prefabricated home” shall not include any mobile home.
3.6 Building Envelopes All improvements to be constructed on a Lot, with the exception
of Improvements which are necessary to facilitate ingress to and egress from a Lot or Improvements
which are otherwise expressly authorized by the Design Review Committee, shall be located within
the Building Envelope designated for such Lot.
3.7 No Noxious or Offensive Activity No noxious or offensive activity shall be carried
on upon any property within the Common Interest Community, nor shall anything be done or placed
thereon which is or may become a nuisance or cause an unreasonable embarrassment, disturbance,
or annoyance to others.
3.8 Annoying Sounds or Odors No sound or odor shall be emitted from any property
within the Common Interest Community which is noxious or unreasonably offensive to others.
Without limiting the generality of the foregoing, no exterior speakers, horns, whistles, bells, or other
sound devices, other than security devices used exclusively for security purposes, shall be located
or used on any property except with the prior written approval of the Design Review Committee.
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3.9 No Hazardous Activities No activity shall be conducted on, and no Improvement
shall be constructed on, any property within the Common Interest Community which is or
reasonably might be unsafe or hazardous to any Person or property. Without limiting the generality
of the foregoing, no firearms shall be discharged upon any property within the Common Interest
Community.
3.10 No Unsightliness All unsightly structures, facilities, equipment, objects, and
conditions shall be enclosed within a structure, including snow removal equipment and garden or
maintenance equipment except when in actual use.
3.11 Yards All yards and open spaces and the entire area of every Lot on which no
building has been constructed shall be maintained in accordance with standards to be established by
the Design Review Committee. In addition, each Lot shall be kept free from brush or other growth
or trash which, in the reasonable opinion of the Design Review Committee, is unsightly or causes
undue danger of fire. Notwithstanding the foregoing, the Design Review Committee shall be
authorized to permit landscaping on a Lot in accordance with a landscaping plan approved by the
Design Review Committee in accordance with the provisions hereof.
3.12 Restrictions on Garbage and Trash No refuse, garbage, trash, lumber, grass, shrub
or tree clippings, plant waste, compost, metal, bulk materials, scrap, refuse, or debris of any kind
shall be kept, stored, or allowed to accumulate on any Lot except within an enclosed structure or
appropriately screened from view, except that any container holding such materials may be placed
outside at such times as may be necessary to permit garbage or trash pickup. All containers used
for the temporary storage of garbage, trash and related materials shall be bear-proof.
3.13 Animals No animals, livestock or poultry of any kind shall be raised, bred or kept
on any Lot or Common Area, except as provided in this paragraph. Domesticated or tamed animals
that are kept as a companion and are cared for affectionately (i.e., “Pet”) birds or fish and other small
animals permanently confined indoors will be allowed on all Lots as provided herein.
3.13.1 No more than one dog may be kept on any single Lot, except offspring less
than 6 months old. Free-roaming dogs are prohibited. Dogs will be kept inside residences
and allowed outside only if (1) on a leash under direct control of its Owner or authorized
representative; (2) if in an enclosed run; or (3) if in a fenced yard, if the fence adequately
contains the dog. Enclosed runs must be located immediately adjacent to the home.
3.13.2 Livestock may be raised, bred or kept on Tracts B and C only, as designated
on the Plat, in such numbers and at such times the year as may be approved by the Board of
Directors.
3.13.3 No other animals, except an aggregate of not more than two Pet dogs and cats
(e.g., one cat and one dog or two cats) per Lot, will be permitted within the Common Interest
Community; provided that (a) no such animals may be kept, bred, or maintained for any
commercial purpose; (b) such animals must be fenced or restrained at all times within a Lot;
and (c) only one dog will be allowed for each residential dwelling unit located within the
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Common Interest Community.
3.13.4 No animal of any kind shall be permitted which, in the opinion of the Design
Review Committee, makes an unreasonable amount of noise or odor or is otherwise a
nuisance. Each Pet shall at all times be controlled by its Owner and shall not be allowed off
the Owner's Lot except when properly leashed and accompanied by the Owner or its
designee. Each Owner of a Pet shall be financially responsible and liable for any clean-up
necessitated, or any damage or destruction caused, by his or her Pet.
3.14 No Temporary Structures No tent, shack, temporary structure, or temporary building
shall be placed upon any property within the Common Interest Community except with the prior
written consent of the Design Review Committee.
3.15 Restriction on Pipes and Utility Lines Pipes for water, gas, sewer, drainage, or other
purposes, and utility meters or other utility facilities shall be kept and maintained, to the extent
practicable, underground or within an enclosed structure. Renewable energy generation devices,
such as solar power units and wind turbines, may be utilized if such unit is approved in advance by
the Design Review Committee.
3.16 Restrictions on Signs and Advertising No sign, poster, billboard, advertising device,
or display of any kind shall be erected or maintained anywhere within the Common Interest
Community so as to be evident to public view. Provided, however, development related signs
owned or erected by Declarant and house numbering signs approved by the Design Review
Committee shall be permitted. "For Sale" or "For Rent" signs shall be permitted, subject, however,
to guidelines for such signs adopted by either the Board of Directors or the Design Review
Committee.
3.17 Restrictions on Mining or Drilling No property within the Common Interest
Community shall be used for the purpose of mining, quarrying, drilling, boring, or exploring for or
removing underground water, oil, gas, or other hydrocarbons, minerals, rocks, stones, gravel, or
earth, except as deemed necessary by Declarant or any Person designated by Declarant for the
development of the Common Interest Community as contemplated herein. Additionally, Declarant,
for itself and its successors and assigns, excepts and reserves, and shall retain the right to develop
and remove, any such oil, gas, hydrocarbons or minerals by slant drilling or other suitable means
of subterranean entry; provided, however, that any such method of slant drilling or other means of
subterranean entry may only be employed without impairing structures, Improvements or
appurtenances, or the use thereof, located or to be located on any Lot. Notwithstanding any other
provision of this Section 3.16, an Owner may, with the prior approval of the Design Review
Committee, install underground pipes to be used in the heating or cooling of the structure
constructed, or to be constructed, on that Owner’s Lot.
3.18 Wells Except as stated below, no well from which water is produced shall be
created, nor shall storage tanks or reservoirs be made or operated anywhere in the Common Interest
Community; provided, however, the Association shall have such right, but not the obligation, in
connection with its performance of Association Functions to drill wells on the Common Area; and
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provided, further, that nothing herein shall prevent the drilling or the installation on the Common
Area of wells, well pumps and other well facilities, or the construction and maintenance of water
storage tanks by the Association, the Declarant or any special district in which the Common Interest
Community is located, for purposes of providing water to the Common Interest Community and
adjacent areas. Notwithstanding the preceding sentence, the Mid-Valley Metropolitan District
(“MVMD”) shall be permitted to drill or otherwise establish or locate one water well and ancillary
equipment within the Common Area for use by the MVMD and/or property served by the MVMD,
as the MVMD deems appropriate in its sole and absolute discretion. In the event any water well and
associated equipment is installed or located within TCI Lane Ranch, it will be adequately screened
from view as seen from any adjacent property and all roads and trails, as determined by the Design
Review Committee in its sole reasonable judgment.
3.19 Maintenance of Drainage There shall be no interference with the established
drainage pattern over any property within the Common Interest Community, except as approved in
writing by the Design Review Committee. Approval shall not be granted unless provision is made
for adequate alternate drainage. The "established drainage pattern" shall mean the drainage pattern
which exists at the time the overall grading of any property within the Common Interest Community
is completed and shall include any established drainage pattern shown on any plans approved by the
Design Review Committee. The established drainage pattern may include the drainage pattern: (a)
from Association Property over any Lot; (b) from any Lot over the Association Property; (c) from
any property owned by the County or other Persons over any Lot; (d) from any Lot over property
owned by the County or other Persons; or (e) from any Lot over another Lot.
3.20 Wetlands and Floodplain Areas The disturbance of any Designated Wetland is
strictly prohibited without first receiving the prior written approval of (a) all governmental entities
having jurisdiction, and (b) the Design Review Committee.
3.21 Compliance with Insurance Requirements Except as may be approved in writing by
the Board of Directors, nothing shall be done or kept on any Lot within the Common Interest
Community which may result in a material increase in the rates of insurance or would result in the
cancellation of any insurance maintained by the Association or any other Owner within the Common
Interest Community.
3.22 Compliance with Laws Nothing shall be done or kept on any property within the
Common Interest Community in violation of any law, ordinance, rule, or regulation of any
governmental authority having jurisdiction.
3.23 Restrictions on Resubdivision of Lots No Lot shall ever be further subdivided into
smaller Lots.
3.24 Consolidation of Lots The Owner or Owners of contiguous Lots may seek
permission from the Design Review Committee to apply to the appropriate officials of Garfield
County, Colorado, to consolidate such Lots into one Lot. Each such request must be submitted with
a plat showing the new proposed Building Envelope and a Phase I Geologic Investigation by a
professional geologist relative to the Lots being so combined. Should the Design Review
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Committee and the appropriate Garfield County, Colorado office approve such combination, the
Owner shall remain responsible for paying assessments for each Lot as if such combination had not
occurred and shall also be entitled to one (1) vote for each Lot as if such Lots had not been
combined.
3.25 Raw Water lrrigation System. Declarant intends to utilize a non-potable water
irrigation system (the “Raw Water Irrigation System”) to provide irrigation water for the Common
Area and, potentially, other areas within the Common Interest Community. Prior to the construction
of any part of the Raw Water Irrigation System, Declarant shall submit to Garfield County and
MDMD plans and specifications for the design and construction of the Raw Water Irrigation System
and any related improvements, including but not limited to drainage improvements. The Raw Water
Irrigation System shall be a part of the Common Area and shall be maintained and improved by the
Association. The cost of maintaining and improving the Raw Water Irrigation System shall be a
common expense of the Association.
3.26 Restrictions on Water Systems Except as deemed necessary by Declarant in the
development of the Common Interest Community contemplated herein and except as provided in
Section 3.39 hereof, no individual water supply system shall be installed or maintained for any
property within the Common Interest Community.
3.27 Restoration in the Event of Damage or Destruction In the event of damage or
destruction of any Improvement on any Lot, the Owner thereof shall cause the damaged or destroyed
Improvement to be restored or replaced to its original condition or such substitute condition as may
be approved in writing by the Design Review Committee, or the Owner shall cause the damaged or
destroyed Improvement to be demolished and the Lot to be suitably landscaped, subject to the
approval of the Design Review Committee, so as to present a pleasing and attractive appearance.
Such Improvements shall be repaired, restored, or otherwise demolished and suitably landscaped
within an established time frame set forth in design review guidelines promulgated by the Design
Review Committee.
3.28 Storage No building materials shall be stored on any Lot except temporarily during
continuous construction of an Improvement.
3.29 Vehicle Repairs No maintenance, servicing, repair, dismantling, or repainting of any
type of vehicle, boat, machine, or device may be carried on, except within a completely enclosed
structure which screens the sight and sound of the activity from the street and from other Lots.
3.30 Storage of Gasoline and Explosives, Etc No Lot shall be used for the storage of
explosives, gasoline, or other volatile and/or incendiary materials or devices or any materials
deemed hazardous substances under applicable environmental laws, rules, or regulations. Gasoline
or fuel for Owner's lawn mower, snowblower, and the like may be maintained on an incidental basis
on the Lot in an amount not to exceed ten (10) gallons, provided such gasoline or fuel is stored in
containers approved for such use by all governmental authorities having jurisdiction over the use
of said materials.
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3.31 Trailers, Campers, Recreational and Junk Vehicles No boat, camper (on or off
supporting vehicles), trailer, tractor, truck, industrial or commercial vehicle (both cabs or trailers),
towed trailer unit, motorcycle, disabled, junk, or abandoned vehicles, motor home, mobile home,
recreational vehicle, or any other vehicle, the primary purpose of which is recreational, sporting, or
commercial use, shall be parked or stored in, on, or about any Lot or street within the Common
Interest Community, except within the attached garage or unless such vehicles are concealed from
view and the screening of such vehicles has been approved by the Design Review Committee. O.K.
Notwithstanding the preceding sentence, motor vehicles (including recreational vehicles) may be
parked or stored in a carport located within the designated building envelope adjacent to a residence
on a Lot, or in areas designated for such use on the Final Plat. For the purposes of this covenant,
any 3/4-ton or smaller vehicle, commonly known as a pickup truck, shall not be deemed a
commercial vehicle or truck. The Association shall have the right to enter on Owner's Lot to remove
and store, at Owner's expense, vehicles in violation of this Section. Any such Owner shall be
entitled to five (5) days' written notice prior to such action by the Association. No snowmobile or
recreational vehicle powered by an internal combustion engine may be operated within the Common
Interest Community except for purposes of ingress and egress and only across designated streets and
rights-of-way.
3.32 Fences Fences along or adjacent to the boundary or lot line may be constructed, but
only pursuant to guidelines adopted by the Association and criteria established by the Design
Review Committee. On any Lot where fences are permitted, the fence may be constructed upon the
only upon prior written approval of the Design Review Committee.
3.33 Air Conditioning and Heating Equipment/Solar Collecting Devices No heating, air
conditioning, air movement, solar collection or refrigeration equipment shall be placed, allowed, or
maintained anywhere other than on the ground; provided, however, that solar units or swamp coolers
meeting all governmental guidelines for residential uses may be located on the roof if (a) such solar
unit or swamp cooler is built into and made an integral part of the roof flashing or the structure of
any house constructed on such Lot, and (b) such solar unit or swamp cooler is specifically approved
by the Design Review Committee in accordance with Article 4 below. The type, size, location and
necessary screening for any proposed solar collection device or swamp cooler shall be submitted to
the Design Review Committee in accordance with its established procedures and the Design Review
Committee shall have the authority to approve, conditionally approve, or disapprove the proposed
collection device in accordance with the terms and provisions hereof. Notwithstanding the
foregoing, in no event will the terms and provisions of this Declaration be deemed to prohibit the
use of solar collection devices within the Common Interest Community and in no event shall the
Design Review Committee unreasonably restrict the right to use solar collection devices by any
Owner of a Lot within the Common Interest Community.
3.34 Leases Any Owner shall have the right to lease his Lot under the following
conditions:
3.34.1 All Leases shall be in writing;
3.34.2 All Leases shall be for a minimum duration of six months;
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3.34.3 All Leases shall be for a Lot with a completed residence thereon;
3.34.4 All Leases shall provide that the terms of the Lease and lessee's occupancy
of the Lot shall be subject in all respects to the provisions of this Declaration, and the
Articles of Incorporation, the Bylaws, and the Rules and Regulations of the Association, and
that the failure by the lessee to comply with any of the aforesaid documents, in any respect,
shall be a default under the Lease; and
3.34.5 Each Owner shall immediately notify the Association upon the leasing of his
Lot, and register with the Association both the name(s) of the tenant(s) and new mailing
information for notices to be sent from the Association directly to such Owner.
3.34.6 Notwithstanding anything to the contrary contained in this section or
elsewhere in this Declaration, no Lot or Unit within TCI Lane Ranch which is subject to the
Affordable Housing Deed Restriction shall be leased or rented except in accordance with
applicable provisions of the Affordable Housing Deed Restriction and the Garfield County
Affordable Housing Regulations and Guidelines.
3.35 Easements; Utilities. All streets, pedestrian ways and easements shown on the
Recorded Plat for any portion of the Common Interest Community have been reserved for the
purposes indicated on such Plat. Except as otherwise provided on the Plat, no Owner may erect any
structure of any type whatsoever in any such easement areas reserved for utility purposes, nor may
an Owner use the surface of such “utility easement areas” for any private use, other than landscaping
which will not interfere with the use of said easement by the entities which are benefitted by the
easement. All such improvements must receive the prior written approval of the Design Review
Committee. With respect to such utility easement areas, any and all bona fide public utility service
companies, including, but not limited to Xcel Energy, Holy Cross Electric Association, Inc., Source
Gas, LLC, and Qwest Communications International Inc. shall have the right of access, ingress,
egress, and use of such utility easement areas for the installation, maintenance, repair or removal of
utility facilities. Except as to special street lighting or other aerial utility facilities which may be
required by the County, no aerial facilities of any type (except meters, risers, service pedestals and
other surface installations necessary to maintain or operate appropriate underground facilities) shall
be erected or installed within the Common Interest Community, whether upon Lots, Common Areas,
easements, streets, or rights-of-way of any type, either by a utility company or any other person or
entity (including but not limited to any person owning or acquiring any part of the Common Interest
Community) and all utility service facilities (including but not limited to water, sewer, gas,
electricity and telephone) shall be buried underground, under recreational easements, Common
Areas, streets, or other utility easement areas for the purpose of serving any structure located on any
part of the Common Interest Community.
3.36 Landscaping
3.36.1 Each Lot shall be fully landscaped within the thirty (30) days of the date on
which a certificate of occupancy is obtained for the residence located on the Lot, or, if the
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County issues a certificate of occupancy for the residence constructed on the Lot later than
30 days prior to the last day growing plants can reasonably be installed on the Lot in that
calendar year, by June 1 of the following calendar year, subject to weather delays deemed
reasonable by the Design Review Committee. The landscaping of each Lot shall be
primarily indigenous plant life from a plant list as established by the Design Review
Committee. Home lawns shall be of an identical or very similar insect resistant blend of
rough grasses naturally occurring in the area and such grasses shall be subject to guidelines
promulgated by the Design Review Committee. No landscaping or improvements to the land
or vegetation within any Lot shall be implemented until written approval of the Design
Review Committee has been obtained. Each Owner shall maintain the landscaping upon
such Owner's Lot in good condition. Landscaping maintenance shall include the
management, maintenance and removal of weeds. Failure to properly maintain landscaping
may result in the Association assessing Reimbursement Assessments as provided in this
Declaration.
3.36.2 Each Owner shall diligently maintain, cultivate, husband, protect and preserve
the shrubs and trees upon his Lot, including, without limitation, the removal of dead
branches, dead brush and performance of other tasks calculated to remove or eliminate
material which constitutes or creates a fire hazard.
3.36.3 Each Owner shall cooperate with the Association in its brush clearing and fire
protection husbandry programs for reduction of fire hazard on Common Areas. No live tree
on any Lot shall be removed until approval of the Design Review Committee has been
obtained.
3.36.4 The Owner of each Lot which includes any Designated Wetland shall comply
with all regulations of Garfield County, the State of Colorado and of the United States which
have jurisdiction over Designated Wetland within the Common Interest Community. Owners
of Lots with Designated Wetland shall not prune, remove or otherwise alter the existing
vegetation within the Designated Wetland without first obtaining written approval to perform
such work from the Association and the Conservancy (or successor grantee under the
Conservation Easement), weeds excepted. Exceptions to this prohibition shall be permitted
if emergency removal of trees or limbs is required due to an immediate threat to life or real
property valued in excess of $10,000.
3.37 Maintenance of Common Areas The Association shall be responsible for the
management of and removal of weeds from the Common Areas.
3.38 Swimming Pools and Pool Equipment No pool may be erected, constructed or
installed without the prior written consent of the Design Review Committee. Above-ground pools
are prohibited. All pool service equipment shall be fenced and shall not be visible from any
residential street or any other Lot within the Common Interest Community.
3.39 Outside Lighting All exterior lighting installed or maintained on any dwelling unit
located on a Lot shall be placed so that the light source is not visible from the dwelling on any
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neighboring Lot or any Common Area. The Design Review Committee may establish various
standards for exterior lighting including, without limitation, standards for hue and intensity.
3.40 Fire Protection Construction of all dwelling units or other Improvements upon Lots
within the Common Interest Community, including any required fire protection sprinkler system,
shall be in accordance with all applicable codes, including the building and fire codes adopted by
the County.
3.41 Irrigation Systems and Irrigation Features.
3.41.1 No Owner shall have a right to use any Irrigation Feature or Irrigation
System.
3.41.2 Declarant hereby discloses that Irrigation Features are currently located or
may be constructed (a) within easement areas located upon certain Lots; (b) upon
Association Property; or (c) in areas adjacent to certain Lots or Association Property.
Declarant further discloses that as of the date of this Declaration and to Declarant's actual
knowledge, the ownership of any and all Irrigation Systems located in any Irrigation Feature
or otherwise existing in the Common Interest Community are vested in the Declarant or the
Conservancy. In accordance with the foregoing, in no event shall the Association or any
Owner be entitled to use any Irrigation System or Irrigation Feature, or any water flowing
through any Irrigation Feature, except pursuant to a written agreement (a license) between
the Association and the Declarant (or the Conservancy, for water rights appurtenant to
Designated Wetland). In no event shall any Owner be entitled to install irrigation systems
which divert water from any Irrigation System or Irrigation Feature or make any
modifications to the Irrigation System or Irrigation Feature without the prior written
approval of the Declarant. In addition, in no event shall the Association or any Owner
obstruct or impede the flow of water through any Ditch Lateral without the prior written
consent of Declarant. Except as otherwise provided herein, no permanent or temporary
Improvements (including, without limitation, landscaping and fencing) shall be constructed
by an Owner within or upon any Ditch Lateral or drainage or irrigation easement located
within, or adjacent to, the Common Interest Community. In the event an Owner desires to
construct any Improvement within or upon any such Ditch Lateral or drainage or irrigation
easement, such Owner shall submit the plans for such Improvements to the Design Review
Committee in accordance with the terms and provisions of Article 4 hereof and to the
Declarant for approval, which approval may be withheld for any reason or no reason, at the
sole and absolute discretion of both the Design Review Committee and Declarant . In the
event the Design Review Committee and the Declarant approve the plans for the proposed
Improvements, the Owner of such Lot may construct such Improvements in accordance with
such plans. IN ACCORDANCE WITH THE FOREGOING, AND NOTWITHSTANDING
ANYTHING IN THIS DECLARATION TO THE CONTRARY, IN NO EVENT SHALL
THE ASSOCIATION OR THE DECLARANT BE LIABLE FOR ANY LOSS, DAMAGE,
COST OR EXPENSE INCURRED BY ANY OWNER FOR DAMAGE OR
DESTRUCTION TO ANY IMPROVEMENT LOCATED WITHIN OR UPON ANY
DITCH LATERAL OR ANY DRAINAGE OR IRRIGATION EASEMENT AND THE
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CONSTRUCTION OF ANY IMPROVEMENT WITHIN SUCH AREAS SHALL BE AT
THE SOLE RISK OF SUCH OWNER. In the event that an Owner constructs any
Improvement within or upon any Ditch Lateral or any drainage or irrigation easement or
structure, Declarant and the Association disclaim any obligation or potential liability
regarding the maintenance, operation and repair of the Irrigation System or Irrigation Feature
on which the Owner’s Improvements are located. Each such Owner assumes the risk
involved with respect to any Irrigation System or Irrigation Features and hereby
acknowledge that neither the Association nor the Declarant shall have any responsibility or
liability of any kind to any Owner for any loss, damage, cost or expense arising from or
related to such Irrigation System or Irrigation Features, including, but not limited to, any loss
or damage caused by flooding. In accordance with the foregoing, such Owners, on behalf
of themselves and their successors and assigns, by acceptance of a deed to a Lot within TCI
Lane Ranch, acknowledge their assent to the provisions hereof, and hereby release Declarant
and the Association, and each of their officers, directors, partners, agents, employees,
stockholders and contractors, from and against any and all obligations, claims, demands,
liabilities, costs, expenses, attorneys' fees, or causes of action of any kind whatsoever,
whether arising prior or subsequent to the date hereof, whether known or unknown, based
upon, arising out of, or in any manner related to, the Irrigation System or any Irrigation
Features.
3.42 Irrigation of Association Property The Irrigation System and Irrigation Features may
be used for irrigation of Association Property, including, but not limited to, the Common Areas.
3.43 Antenna and Satellite Dishes If an Owner wishes to install an antenna to receive
video programming, the Owner shall notify the Design Review Committee in writing of the planned
installation and the proposed location thereof at least thirty (30) days prior to the installation. The
antenna installation and location shall comply with all fire, electrical and other applicable safety
codes, and the installing Owner shall, to the extent feasible, install the antenna in a location that
minimizes its visibility from neighboring Lots and Common Areas. The installing Owner shall be
obligated to paint the antenna so that it blends into the background against which it is mounted and
to plant and maintain such reasonable landscaping as will screen the antenna from neighboring Lots
and Common Areas. Provided always, that in the event that in any particular situation any of the
foregoing requirements or restrictions cause an unreasonable delay or cost in the installation,
maintenance or use of the antenna, or prevent the reception of acceptable quality signals, said
requirements or restrictions shall be invalid as they apply to that particular situation. Satellite dishes
that exceed one meter in diameter, and M.D.S. antennas that exceed one meter in diameter or
diagonal measurement, shall not be allowed within the Common Interest Community. Mast
antennas and antennas that are not used to receive video programming may be approved by the
Design Review Committee on a case by case basis.
3.44 Division of Wildlife Recommendations The Division of Wildlife recommends that
the Owners and Occupants consider the following recommendations regarding the presence of
wildlife on the property:
3.44.1 Birdfeeders should be strung up from the ground with a seed catchment and
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humming bird feeders should not be mounted on windows or the siding of the houses;
3.44.2 Pets should be fed indoors, and pet food or food containers should not be left
outside;
3.44.3 Barbecue grills should be securely housed in the garage or other indoor
structure when not in use;
3.44.4 Eliminate the planting of any berry, fruit, or nut producing plants or shrubs
to discourage bears and other wildlife from feeding near houses; and
3.44.5 Existing vegetation should be maintained as much as possible.
ARTICLE 4 ARCHITECTURAL APPROVAL
4.1 Approval of Improvements Required. The approval of the Design Review Committee
shall be required for any Improvement to Property on any Lot, except (a) for any Improvement to
Property made by Declarant; (b) where approval is not reasonably required to carry out the purposes
of this Declaration as determined by the Design Review Committee; or (c) where prior approval of
Improvements to Property may be waived or certain Improvements to Property may be exempted
in writing and under written guidelines or rules promulgated by the Design Review Committee.
4.2 Membership of Committee. The Design Review Committee shall consist of three (3)
members, all of whom shall be initially appointed by Declarant. Declarant shall have the continuing
right to appoint all three (3) members during the Appointment Period (as defined immediately
below). During the period of development of the Common Interest Community while Declarant has
rights to appoint members of the Design Review Committee, Declarant shall give the Association
written notice of the appointment or removal of any member of the Design Review Committee. The
"Appointment Period" shall begin on the date this Declaration is first Recorded and shall terminate
on the earliest to occur of the following: (a) when all Lots shown on the Final Plat have been
conveyed to Persons other than Declarant and certificates of occupancy have been issued for the
residences constructed thereon; or (b) when, in its discretion, Declarant voluntarily relinquishes such
right. Members of the Design Review Committee may but need not necessarily be Members of the
Association. After the Appointment Period terminates, members of the Design Review Committee
shall be appointed by the Board of Directors. Members of the Design Review Committee appointed
by the Board of Directors may be removed at any time by the Board, and shall serve for such term
as may be designated by the Board or until resignation or removal by the Board. After the expiration
of the Appointment Period, the Association may at any time and from time to time change the
authorized number of members on the Design Review Committee.
4.3 Establishment of Subcommittees. The Design Review Committee shall have the right
to establish subcommittees ("Covenant Committees") to review the modifications to Improvements
upon Lots after the initial construction thereof has been completed and a certificate of occupancy
has been issued thereon, and for enforcement of compliance with this Declaration and any
Supplemental Declaration applicable to a Lot. For purposes of this Declaration, all references to the
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Design Review Committee shall also refer to any Covenant Committee. The procedures for
establishment, the rights and duties thereof, and the limitations thereon shall be established and
adopted by the Design Review Committee.
4.4 Address of Design Review Committee. The address of the Design Review
Committee shall be at the principal office of the Association.
4.5 Submission of Plans. Prior to submission of building plans to the County for a
building permit when applicable and prior to commencement of work to accomplish any proposed
Improvement to Property, the Person proposing to make such Improvement to Property
("Applicant") shall submit to the Design Review Committee at its offices such descriptions, surveys,
plot plans, drainage plans, elevation drawings, construction plans, specifications, and samples of
materials and colors as the Design Review Committee shall reasonably request showing the nature,
kind, shape, height, width, color, materials, and location of the proposed Improvement to property.
The Applicant shall be entitled to receive a receipt for the same from the Design Review Committee
or its authorized agent. The Design Review Committee may require submission of additional plans,
specifications, or other information prior to approving or disapproving the proposed Improvement
to Property. Until receipt by the Design Review Committee of all required materials in connection
with the proposed Improvement to Property, the Design Review Committee may postpone review
of any materials submitted for approval.
4.6 Criteria for Approval. The Design Review Committee shall approve any proposed
Improvement to Property if it deems, in its reasonable discretion, that the proposed Improvement
to Property in the location proposed is consistent with the Mission of TCI Lane Ranch, as set forth
in Section 1.4, above, and that the proposed Improvement to Property in that location:
4.6.1 will not be detrimental to the appearance of the surrounding areas of the
Common Interest Community;
4.6.2 will be in harmony with the surrounding areas of the Common Interest
Community;
4.6.3 will not detract from the beauty, wholesomeness, and attractiveness of the
Common Interest Community or the enjoyment thereof by Owners;
4.6.4 will not affect the drainage plan for the Common Interest Community or any
portion thereof; and
4.6.5 and that the upkeep and maintenance of the proposed Improvement to
Property will not become a burden on the Association or any other Owner (except with the
consent of the Association or the affected Owner).
The Design Review Committee may condition its approval of any proposed Improvement to
Property upon the making of changes to the proposal as the Design Review Committee may deem
appropriate.
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4.7 Design Guidelines. The Design Review Committee may issue standards or rules
("Design Guidelines") relating to the procedures, materials to be submitted, fees, and additional
factors which will be taken into consideration in connection with the approval of any proposed
Improvement to Property. The Design Guidelines may specify circumstances under which the strict
application of limitations or restrictions under this Declaration (which are not substantial or material
in nature) will be waived or deemed waived in whole or in part because of a change in applicable
law or because strict application of such limitations or restrictions would be unreasonable or unduly
harsh under the circumstances. The Design Guidelines may waive the requirement for approval of
certain Improvements to Property or exempt certain Improvements to Property from the requirement
for approval, if such approval is not reasonably required to carry out the purposes of this Declaration
and such Improvements are not substantial in nature.
4.8 Design Review Fee. The Design Review Committee may, in the Design Guidelines,
provide for the payment of a fee to accompany each request for approval of any proposed
Improvement to Property. The Design Review Committee may provide that the amount of such fee
shall be uniform for similar types of any proposed Improvement to Property or that the fee shall be
determined in any other reasonable manner, such as based upon the estimated cost of the proposed
Improvement to Property. The Design Review Committee may further provide that the amount of
any such design review fee include engineering consultant and other fees reasonably incurred by the
Association in reviewing any proposed Improvement to Property.
4.9 Decision of Committee. Any decision of the Design Review Committee shall be
made within thirty (30) days after receipt by the Design Review Committee of all materials required
by the Design Review Committee, unless such time period is extended by mutual agreement. The
decision shall be in writing and if the decision is not to approve a proposed Improvement to
Property, the reasons therefor shall be stated. If the decision is to approve with conditions, the
conditions of approval shall be as clearly stated as is possible under the circumstances. The decision
of the Design Review Committee shall be promptly transmitted to the Owner at the address
furnished by the Owner to the Design Review Committee.
4.10 Failure of Committee to Act on Plans. Any request for approval of a proposed
Improvement to Property shall be deemed approved, unless notice of approval, disapproval or a
request for additional information or materials is transmitted to the Owner by the Design Review
Committee within thirty (30) days after the date of receipt by the Design Review Committee of all
required materials. In no event shall Improvements to Property be deemed approved which clearly
and unambiguously contradict the Design Guidelines.
4.11 Completion of Work After Approval. Following the approval of any proposed
Improvement by the Design Review Committee, the proposed Improvement shall be completed by
such Owner: (a) as promptly and diligently as possible but in no event in excess of the time periods
set forth below; (b) in substantial conformance with all plans and specifications and other materials
approved by the Design Review Committee; and (c) in accordance with any and all conditions
imposed by the Design Review Committee. In accordance with the foregoing, all Improvements
approved by the Design Review Committee shall be completed (a) within eighteen (18) months from
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the date of approval of such Improvements by the Design Review Committee; provided, however,
that any and all landscaping and/or gardening approved by the Design Review Committee shall be
completed as required by Section 3.34, above. In all cases, the Owner of the Improvements must
receive from the Design Review Committee a "Notice of Satisfactory Completion of Improvement
to Property" or as "Conditional Notice of Satisfactory Completion of Improvement to Property" prior
to the application for an issuance of a certificate of occupancy from the County. Failure to comply
with the terms and conditions of this provision shall constitute noncompliance with the terms and
provisions of this Declaration and the Association shall have the right to invoke all rights and
remedies provided to the Association hereunder, including but not limited to, the imposition of fines
and penalties in accordance with Paragraph 8.17 hereof.
4.12 Notice of Completion. Upon completion of the Improvement to Property, the Owner
shall give written Notice of Completion to the Design Review Committee. Until the date of receipt
of such Notice of Completion, the Design Review Committee shall be deemed to not have notice
of completion of such Improvement to Property.
4.13 Inspection of Work. The Design Review Committee or its duly authorized
representative shall have the right to inspect any Improvement to Property prior to or after
completion, provided that the right of inspection shall terminate fourteen (14) days after the Design
Review Committee shall have received a Notice of Completion from Applicant.
4.14 Notice of Satisfactory Completion of Improvement to Property. After inspection of
the Improvement to Property, the Design Review Committee will issue a Notice of Satisfactory
Completion of Improvement to Property if the Improvements were completed in conformity with
the plan, description, and materials furnished to and approved by the Design Review Committee,
and any conditions imposed by the Design Review Committee. Upon such receipt of Notice of
Satisfactory Completion of Improvement to Property, the Owner may proceed to request a certificate
of occupancy from the County.
4.15 Notice of Noncompliance. If, as a result of inspections or otherwise, the Design
Review Committee finds that any Improvement to Property has been done without obtaining the
approval of the Design Review Committee or was not done in substantial conformity with the
description and materials furnished to, and any conditions imposed by, the Design Review
Committee or was not completed within eighteen (18) months after the date of approval by the
Design Review Committee or such shorter period as specified herein or in writing by the Design
Review Committee, the Design Review Committee shall notify the Owner in writing of the
noncompliance, which notice shall be given, in any event, within fourteen (14) days after the Design
Review Committee receives a Notice of Completion from the Owner. The notice shall specify the
particulars of the noncompliance and shall require the applicant to take such action as may be
necessary to remedy the noncompliance. If a Notice of Noncompliance has been issued by the
Design Review Committee, the Owner may post a Performance Guaranty, as hereinafter defined,
sufficient to bring the Improvement to Property into compliance with the Design Review
Committee; provided however, that the Design Review Committee shall not be required to accept
such Performance Guaranty. The Performance Guaranty must be in an amount sufficient to remedy
any noncompliance, as determined by the Design Review Committee in its sole and absolute
26
discretion. After posting such Performance Guaranty with the Association, the Design Review
Committee may then issue a Conditional Notice of Satisfactory Completion of Improvement to
Property. Such Conditional Notice shall grant authorization for the Owner to request a certificate
of occupancy from the County.
4.16 Performance Guaranty for Noncompliance or Incompletion. If the Owner wishes to
apply for and obtain a certificate of occupancy from the County prior to completion of landscaping
and/or prior to correction of a minor noncompliance, the Owner may request to post a bond, letter
of credit or cash escrow in an amount equal to the estimated cost of completing such work
("Performance Guaranty"); provided however the Design Review Committee shall not be required
to accept such Performance Guarantee. The Performance Guaranty shall be used by the Association
to ensure completion of such work in accordance with the time periods for completion established
hereunder and the plans for such work as approved by the Design Review Committee. The form,
content and terms of the Performance Guaranty shall be determined by the Design Review
Committee in its sole and absolute discretion. If the Design Review Committee accepts the
Performance Guaranty for the completion of landscaping and/or remedy of noncompliance, then the
Design Review Committee shall issue a Conditional Notice of Satisfactory Completion to
Improvement to Property. Such Conditional Notice shall grant authorization for Applicant to
request a certificate of occupancy from the County. All premiums, costs and expenses related
thereto shall be the obligation of the Owner. Any surety or financial institution issuing a payment
and performance bond or letter of credit hereunder shall be authorized to do business in Colorado
and shall be acceptable to the Design Review Committee. If any Owner fails to complete the
landscaping work or fails to remedy the noncompliance, in accordance with the provisions of the
Declaration, subject to delays beyond the reasonable control of such Owner, the Association is
authorized under the provisions of the Declaration to enter upon the Lot of such Owner to complete
the landscaping work and or remedy the noncompliance in accordance with the plans therefore, draw
upon the Performance Guaranty for all costs incurred by the Association relating to the completion
of the landscaping work or relating to the remedy of noncompliance and levy a Reimbursement
Assessment against such Owner for all costs and expenses incurred by the Association in completing
such landscape work or in remedying such noncompliance which are not otherwise covered by the
Performance Guaranty, including any costs and expenses of collection and attorney's fees. Upon
satisfactory completion of landscaping and/or remedy of noncompliance, the Owner shall give
written Notice of Completion to the Design Review Committee as outlined in Article 4.12 herein.
If the Design Review Committee finds the improvements satisfactory, a Notice of Satisfactory
Completion of Improvements to Property shall be issued by the Design Review Committee within
fourteen (14) days of receipt of Notice of Completion and any funds being held by the Association
as a Performance Guarantee shall be released to Applicant within seven (7) days of the issuance of
the Notice of Satisfactory Completion of Improvements to Property.
4.17 Failure of Committee to Act After Completion. If, for any reason other than the
Owner's act or neglect, the Design Review Committee fails to notify the Owner of any
noncompliance within fourteen (14) days after receipt by the Design Review Committee of written
Notice of Completion from the Owner, the Improvement to Property shall be deemed in compliance
if the Improvement to Property was, in fact, completed as of the date of Notice of Completion and
the Owner may proceed to request a certificate of occupancy from the County. Notwithstanding any
27
other provision of this Section 4.17 or the receipt by the Owner of a certificate of occupancy from
the County, the Design Review Committee shall retain authority to require the removal or
replacement of any Improvement to Property which clearly and unambiguously violates the Design
Guidelines unless such Improvement to Property has been specifically approved by the Design
Review Committee.
4.18 Appeal to Board of Directors of Finding of Noncompliance. If the Design Review
Committee gives any notice of noncompliance, the Owner may appeal to the Board of Directors by
giving written notice of such appeal to the Board and the Design Review Committee within thirty
(30) days after receipt of the notice of noncompliance by the Owner. If, after a notice of
noncompliance, the Owner fails to commence diligently to remedy such noncompliance, the Design
Review Committee shall request a finding of noncompliance by the Board of Directors by giving
written notice of such request to the Board of Directors and the Owner within sixty (60) days after
delivery to the Owner of a notice of noncompliance from the Design Review Committee. In either
event, the Board of Directors shall hear the matter in accordance with the provisions of the Bylaws
for Notice and Hearing, and the Board shall decide whether or not there has been such
noncompliance and, if so, the nature thereof and the estimated cost of correcting or removing the
same.
4.19 Correction of Noncompliance. If the Board of Directors determines that a
noncompliance exists, the Owner shall remedy or remove the same within a period of not more than
forty-five (45) days from the date of receipt by the Owner of the ruling of the Board of Directors.
If the Owner does not comply with the Board ruling within such period, the Board may, at its option,
record a Notice of Noncompliance against the real property on which the noncompliance exists,
may, in accord with Colorado law, enter upon such property and remove the noncomplying
Improvement to Property, or may otherwise remedy the noncompliance, and the Owner shall
reimburse the Association, upon demand, for all expenses incurred therewith. If such expenses are
not promptly repaid by the Owner or Owner to the Association, the Board may levy a
Reimbursement Assessment against the Owner of the Lot for such costs and expenses. The right
of the Association to remedy or remove any noncompliance shall be in addition to all other rights
and remedies which the Association may have at law, in equity, or under this Declaration. The
Applicant and Owner of the Lot shall have no claim for damages or otherwise on account of the
entry upon the Property and removal of the noncomplying Improvement to Property.
4.20 No Implied Waiver or Estoppel. No action or failure to act by the Design Review
Committee or by the Board of Directors shall constitute a waiver or estoppel with respect to future
action by the Design Review Committee or the Board of Directors with respect to any Improvement
to Property. Specifically, the approval of the Design Review Committee of any Improvement to
Property shall not be deemed a waiver of any right or an estoppel to withhold approval or consent
for any similar Improvement to Property or any similar proposals, plans, specifications, or other
materials submitted with respect to any other Improvement to Property.
4.21 Committee Power to Grant Variances. The Design Review Committee may authorize
variances from compliance with any of the provisions of this Declaration, including restrictions upon
height, size, floor area, or placement of structures or similar restrictions, when circumstances such
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as topography, natural obstructions, hardship, aesthetic or environmental consideration require as
determined by the Design Review Committee in its sole reasonable judgment. Such variances shall
be memorialized by a written decision of the Design Review Committee and shall become effective
when signed by at least a majority of the members of the Design Review Committee. If any such
variance is granted, no violation of the provisions of this Declaration shall be deemed to have
occurred with respect to the matter for which the variance was granted; provided, however, that the
granting of a variance shall not operate to waive any of the provisions of this Declaration for any
purpose except as to the particular property and particular provision hereof covered by the variance,
nor shall the granting of a variance affect in any way the Owner's obligation to comply with all
governmental laws and regulations affecting the property concerned, including, but not limited to,
zoning ordinances and setback lines or requirements imposed by any governmental authority having
jurisdiction.
4.22 Meetings of Committee. The Design Review Committee shall meet from time to time
as necessary to perform its duties hereunder. The Design Review Committee may from time to time,
by resolution in writing adopted by a majority of the members, designate a representative (the
"Committee Representative") (who may but need not be one of its members) to take any action or
perform any duties for or on behalf of the Design Review Committee, except the granting of
approval to any Improvement to Property and granting of variances. The action of such Committee
Representative within the authority of such Committee Representative or the written consent or the
vote of a majority of the members of the Design Review Committee shall constitute action of the
Design Review Committee.
4.23 Records of Actions. The Design Review Committee shall report in writing to the
Board of Directors all final actions of the Design Review Committee, and the Board shall keep a
permanent record of such reported action.
4.24 Estoppel Certificates. The Board of Directors shall, upon the reasonable request of
any interested Person and after confirming any necessary facts with the Design Review Committee,
furnish a certificate with respect to the approval or disapproval of any Improvement to Property or
with respect to whether any Improvement to Property was made in compliance herewith. Any
Person, without actual notice to the contrary, shall be entitled to rely on said certificate with respect
to all matters set forth therein.
4.25 Nonliability of Committee Action. There shall be no liability imposed on the Design
Review Committee, any member of the Design Review Committee, any Committee Representative,
the Association, any member of the Board of Directors, or Declarant for any loss, damage, or injury
arising out of or in any way connected with the performance of the duties of the Design Review
Committee unless due to the willful misconduct of the party to be held liable. In reviewing any
matter, the Design Review Committee shall not be responsible for reviewing, nor shall its approval
of an Improvement to Property be deemed approval of the Improvement to Property from the
standpoint of safety, whether structural or otherwise, or conformance with building codes or other
governmental laws or regulations. In accordance with the foregoing, any Owner seeking the
approval of the Design Review Committee for any matter shall provide the Design Review
Committee with a written waiver reaffirming the foregoing and releasing the Design Review
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Committee, any Member of the Design Review Committee, any Committee Representative, the
Association, any member of the Board of Directors and the Declarant from any and all liability
arising from or related to the Design Review Committee's approval of such Improvement.
4.26 Construction Period Exception. During the course of actual construction of any
permitted structure or Improvement to Property, and provided construction is proceeding with due
diligence, the Design Review Committee may temporarily suspend any provision of this Declaration
as to the Property upon which the construction is taking place to the extent necessary to permit such
construction, provided that, during the course of any such construction, nothing is done which will
result in a violation of any of the provisions of this Declaration upon completion of construction and
nothing is done which will constitute a nuisance or unreasonable interference with the use and
enjoyment of other property. The Design Review Committee shall promulgate rules and regulations
concerning the use of temporary sanitary facilities and trash dumpsters, type of construction vehicles
allowed on and use of the streets, roads, and rights-of-way located within the Common Interest
Community and Association Property, and other activities associated with the construction of
Improvements to Property, provided said rules and regulations shall not interfere with the rights
existing under the Permitted Exceptions.
ARTICLE 5 ASSOCIATION PROPERTY
5.1 Division Into Lots. As of the recording of this Declaration, the Common Interest
Community has been divided into eighty-nine (89) residential Lots. Each Lot does or will consist
of one or more ownership interests in such Lot, subject to the Permitted Exceptions and such other
encumbrances or servitudes established subsequent to the date this Declaration is first Recorded.
5.2 Delineation of Lot Boundaries. The boundaries of each Lot are shown on the Plat.
The Lot lines shown on the Plat shall be the perimeter boundaries of the Lots.
5.3 Member's Rights of Use and Enjoyment Generally. Unless otherwise provided in
this Declaration, all Members, their immediate family, dependents, and their Occupants may use
the Association Property, subject to the provisions of this Declaration and the Association
Documents, including the Rules and Regulations. No Owner or Occupant shall place any structure
or improvement whatsoever upon Association Property, nor shall any Owner or Occupant engage
in any activity which will temporarily or permanently impair free and unobstructed access to or use
of all parts of the Association Property by all Owners and by the Association. Notwithstanding the
foregoing, (a) the Board may establish reasonable limitations on the use of Association Property
as is necessary for the efficient operation of the Association Property, and (b) the Association shall
take no action which unreasonably restricts any Owner’s or Occupant’s right and easement of
access over, across and upon Association Property to his Lot.
5.4 Right of Association to Regulate Use. The Association, acting through the Board,
shall have the power to regulate use of Association Property to further enhance the overall rights
of use and enjoyment of all Members or such other reasons as the Board reasonably believes to be
in the best interests of the Association through the promulgation of the Rules and Regulations.
Such Rules and Regulations shall not be inconsistent with the terms of this Declaration and shall
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be equitable and reasonable. The Board of Directors shall provide thirty (30) days written notice
prior to the adoption or amendment of any Rules and Regulations and provide for a reasonable
opportunity for Owners to comment at an open meeting of the Board of Directors on the proposed
adoption or amendment of any Rules and Regulations. Copies of the currently effective Rules and
Regulations shall be posted on the Association’s website and made available to each Owner and
Occupant upon request and payment of the reasonable expense of copying the same. Each Owner
and Occupant shall comply with such Rules and Regulations and each Owner shall see that
Occupants claiming use through such Owner comply with such Rules and Regulations. Rules and
Regulations shall have the same force and effect as if they were set forth in and were part of this
Declaration. In the event of conflict between the Rules and Regulations and the provisions of this
Declaration, the provisions of this Declaration shall govern. The Rules and Regulations may
establish penalties (including the levying and collection of fines) for the violations of the
Declaration, the Rules and Regulations or any other of the Association Documents.
5.5 Inseparability of Lot. No part of a Lot or of the legal rights comprising ownership
of a Lot may be partitioned or separated from any other part thereof while this Declaration is
effective against such Lot, and this Section 5.5 may be pleaded as a bar to the maintenance of such
an action. Subject to Section 5.1 above, each Lot shall always be conveyed, transferred, devised,
bequeathed, encumbered, and otherwise affected only as a physically-discrete Lot. Every
conveyance, transfer, gift, devise, bequest, encumbrance, or other disposition of a Lot or any part
thereof shall be presumed to be a disposition of the physically-discrete Lot, together with all
appurtenant rights and interests created by law or by this Declaration including the Owner’s
membership in the Association. This provision is not intended, however, to prohibit joint or
common ownership by two or more Persons of a Lot, the conveyance or encumbrance of an
undivided interest of less than 100% of a Lot, or the conveyance, establishment or termination of
any equitable servitude against a Lot as may otherwise be permitted by this Declaration.
5.6 Description of a Lot. Every contract, deed, lease, security interest and every other
legal document or instrument affecting title to a Lot shall legally describe the Lot as follows:
Lot __________, TCI Lane Ranch Planned Unit Development, according to the Final Plat
thereof recorded _______________, 200__ as Reception No. ___________, and according
to the Declaration for TCI Lane Ranch Planned Unit Development recorded
___________________, 200__ in Book _____ at Page ________, all in the Office of the
Clerk and Recorder of Garfield County, Colorado.
Such description shall be legally sufficient for all purposes to sell, convey, transfer, encumber or
otherwise affect the Lot and its appurtenances, including all improvements thereon, and to incorporate all
of the rights, interest, obligations, restrictions and burdens appurtenant or incident to the ownership of a
Lot as set forth in this Declaration and the Plat. Each such description shall be construed to include a non-
exclusive easement over the Common Areas for appropriate ingress and egress to and from each Lot and
a non-exclusive right to use and enjoy the Common Areas, subject to all applicable provisions of this
Declaration.
5.7 No Partition of Association Property.
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5.7.1 Subject to the provisions of this Article and Article 7 below, the Common Areas shall
be owned by the Association as herein provided and shall remain physically undivided. No Owner
shall bring any action for a partition or division of the Common Areas. By acceptance of a deed or
other instrument of conveyance or assignment to a Lot, each Owner of the Lot shall be deemed to
have specifically waived such Owner’s right to institute or maintain a partition action or any other
cause of action designed to cause a division of the Common Areas, and this Section 5.7 may be
pleaded as a bar to the maintenance of such an action. Any Owner who shall institute or maintain
any such action shall be liable to the Association and hereby agrees to reimburse the Association for
the Association’s costs, expenses, and reasonable attorneys fees in defending any such action. Such
amounts shall automatically become a Reimbursement Assessment determined and levied against
such Owner’s Lot and enforced by the Association in accordance with Sections 9.17, 9.18, and 9.19
below.
5.7.2 Notwithstanding the foregoing Section 5.7.1, the Association shall have the right to
dedicate, sell or otherwise transfer ownership of, or subject to a security interest, all or any part of
the Common Areas if Owners entitled to cast at least sixty-seven percent (67 %) of the votes in the
Association, including sixty-seven percent (67 %)of the votes allocated to Lots not owned by
Declarant, agree to that action. All Owners of Lots to which any limited Common Area (as defined
in the Act and as assigned in this Declaration or in any deed executed and delivered by the Declarant
or the Association) is allocated must agree in order to convey that limited Common Area or subject
it to a security interest. Proceeds resulting from any such transaction shall be an asset of the
Association. Approval of the Owners may be achieved at a regular or special meeting of the
Members of the Association (in which case approval by individual Owners may be evidenced by
votes cast in person or by proxy) or without a meeting through receipt by the Association of signed
and notarized consents of Owners holding the requisite percentage of votes in the Association as set
forth above.
5.7.3 The Association, on behalf of the Owners, may enter into a contract to convey an
interest in the Common Area prior to receiving approval from the Owners, but the agreement shall
not be enforceable against the Association until approved pursuant to Section 5.7.2 and ratified
pursuant thereto.
5.7.4 Each agreement to convey, or subject to a security interest, the Common Areas shall
be evidenced by the execution by the Association of the agreement memorializing the same, in the
same manner as a deed, and immediately Recorded. The agreement shall not be effective until is
has been Recorded. If the agreement is subject to delayed approval by the Owners, the agreement
shall specify a date after which the agreement will be void unless approved by the requisite
percentage of Owners. After approval or timely ratification of the agreement by the Owners, the
Association shall have all powers necessary and appropriate to effect the conveyance or
encumbrance, including the power to execute deeds or other instruments.
5.7.5 A conveyance or encumbrance of Common Areas pursuant to this section shall not
deprive any Lot of its rights of ingress and egress to or from that Lot and support of that Lot.
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5.7.6 The Association shall have the right to modify the priority or validity of any
preexisting encumbrance against any portion of the Common Area subject to conveyance or
encumbrance by the Association pursuant to this Section 5.7 with the consent of the beneficiary or
beneficiaries of such encumbrance.
5.8 Redesignation of Common Areas. Any Redesignation of the boundaries of the Common
Areas shall be approved by a majority vote of the Board of Directors.
5.9 Liability of Owners for Damage. Each Owner shall be liable to the Association for any
damage to Association Property or for any expense or liability incurred by the Association which may be
sustained by reason of the negligence or willful misconduct of such Owner or any Occupant using the
Association Property through such Owner and for any violation by such Owner or any such Occupant of
this Declaration or any Rule and Regulation adopted by the Association. Each Owner shall indemnify and
hold the Association harmless from any and all loss, damage, expense, or liability arising from any
negligence or willful misconduct of any Owner or Occupant using the Association Property through such
Owner. The Association shall have the power, as elsewhere provided in this Declaration, to levy and collect
a Reimbursement Assessment against a Member, after Notice and Hearing, to cover the costs and expenses
incurred by the Association on account of any such damage or any such violation of this Declaration or of
such Rules and Regulations or for any increase in insurance premiums directly attributable to any such
damage or any such violation.
5.10 Association Duties if Damage, Destruction, or Required Improvements. In the event of
damage to Association Property by fire or other casualty or in the event any governmental authority shall
require any repair, reconstruction, or replacement of any Association Property, the Association shall have
the duty to repair, reconstruct, or replace the same, to the extent funds are available to do so. Any insurance
proceeds payable by reason of damage or destruction of Association Property by fire or other casualty shall
be paid to the Association and shall be used, to the extent necessary, to pay the costs of repair,
reconstruction, or replacement. If funds from insurance proceeds or from reserve for replacement are
insufficient to pay all costs of repair, reconstruction, or replacement of improvements damaged or destroyed,
or if the Association is required to make repairs, replacements, or improvements by governmental
authorities, the Association may, in order to make up any deficiency in the insurance proceeds or to pay for
the required repair, replacement, or improvement, levy a Special Assessment in accordance with Section
9.16, or if a Member or group of Members is liable for such damage, levy a Reimbursement Assessment
against the Member or group of Members responsible therefor, to provide the additional funds necessary.
Repair, reconstruction, or replacement of Association Property shall be done under such contracting and
bidding procedures as the Association shall determine are appropriate. If insurance proceeds available to
the Association on account of damage or destruction exceed the cost of repair, reconstruction, and
replacement, the Association may use the same for future maintenance, repair, improvement, and operation
of other Association Property or any other use deemed appropriate by the Board.
5.11 Delegation of Management and Maintenance Duties. The Association, through the Board
of Directors, may delegate all or any part of their powers and duties to one or more Managing Agents, which
may include Declarant. Notwithstanding the delegation by the Board of Directors to one or more Managing
Agents, neither the Association or the Board shall be relieved of their responsibilities under this Declaration
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and no such delegation shall modify specific requirements in the Association Documents for approval of
certain actions by the Board of Directors or by Members of the Association.
5.12 Limitation Upon Liability of Association. NOTWITHSTANDING THE DUTY OF THE
ASSOCIATION TO MAINTAIN AND REPAIR PORTIONS OF THE COMMON INTEREST
COMMUNITY, THE ASSOCIATION SHALL NOT BE LIABLE TO OWNERS FOR INJURY OR
DAMAGE, OTHER THAN FOR THE COST OF MAINTENANCE AND REPAIR, CAUSED BY ANY
LATENT CONDITION OF THOSE PORTIONS OF THE COMMON INTEREST COMMUNITY TO BE
MAINTAINED AND REPAIRED BY THE ASSOCIATION, OR CAUSED BY THE NATURAL
ENVIRONMENT OR OTHER OWNERS AND OCCUPANTS.
5.13 Association Powers in the Event of Condemnation. If any Association Property or interests
therein are taken under exercise of the power of eminent domain or by private purchase in lieu thereof, the
award in condemnation or the price payable shall be paid to the Association, except to the extent payable
to any other Person with an interest in such property, including any Mortgagee of such property. The
Association shall have the exclusive right to participate in such condemnation proceedings and to represent
the interests of all Owners or other Persons therein. Any award or funds received by the Association shall
be held by the Association in the Maintenance Fund as determined by the Board, as a reserve for future
maintenance, repair, reconstruction, or replacement of Association Property or may be used for
Improvements or additions to or operation of Association Property or such other uses deemed appropriate
by the Board. Except as may otherwise be provided by the Act, no Owner shall be entitled to participate
as a party or otherwise in any condemnation proceedings nor to receive any proceeds therefrom.
5.14 Disposition of Association Property Upon Termination of Common Interest Community. In
the event of a termination of the Common Interest Community, title to and disposition of the Association
Property shall be managed according to Section 38-33.2-218 of the Act, as it may be amended from time
to time.
5.15 Ownership, Use, Maintenance, Repair and Replacement of Solar Array.
5.15.1 Overview. After the Tract A has been conveyed to the Association, the Solar Array
will be owned and maintained by the Association. Power generated by the Solar Array will be
acquired by Holy Cross Energy, Inc. (“Holy Cross”), pursuant to that certain Operating Agreement
dated ______________, as it may be amended from time to time. Revenue from the sale of
electricity to Holy Cross will be paid to the benefit of the owners of residences within TCI Lane
Ranch. The Declarant intends that, on an annual basis, the Solar Array will provide clean,
renewable electrical power in an amount approximately equal to the electricity consumed by the
homes within the Common Interest Community as a whole.
5.15.2 Installation of the Solar Array. Declarant shall use commercially reasonable efforts
to add electricity-production capacity to the Solar Array during the “build out phase” of the
development so that the electricity produced by the Solar Array in any calendar month is no less than
85% of the electricity expected to be consumed by all residences located within the Common
Interest Community during that calendar month. At the earlier to occur of (a) the date Declarant has
first conveyed 78 or more of the Lots within the Common Interest Community to an entity or person
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not affiliated with the Declarant, or (b) a residence has been fully constructed (as evidenced by the
issuance of a certificate of occupancy) on 67 or more of the Lots, Declarant shall use commercially
reasonable efforts to bring the total electricity-production capacity of the Solar Array to 300
Kilowatts. For purposes of applying this Section 5.15.2, each residence within TCI Lane Ranch
shall be deemed to use approximately 3.37 Kilowatts each calendar year. All costs of installing the
Solar Array, and all rebates or other payments made by Holy Cross due to the installation of the
Solar Array, shall be attributable solely to the Declarant.
5.15.3 Transfer of Tract A and Solar Array to the Association. Within 90 days of the date
the Solar Array has an anticipated electricity-production capacity of 300 Kilowatts, Declarant shall
convey, and the Association shall accept, Tract A and the Solar Array to the Association as a
general common element of the Common Interest Community. At that time, Declarant shall convey
and assign to the Association, which will assume, all warranties and operating, maintenance and
other contracts related to the Solar Array. The Association’s acceptance of each such contract shall
be subject to the Act.
5.15.4 Revenue Earned Through the Sale of Electricity to Holy Cross. Any payment made
by Holy Cross or other utility arising directly from the production of electricity by the Solar Array
shall at all times be made to, and shall be the property of, the Association as trustee for each of the
Members. The Association shall allocate all such payments among the several Members of the
Association pro rata based on each such Member’s Common Assessment liability and shall apply
the amount of the credit to the amount of Common Assessments currently due or which will come
due in the future. No Member shall have the right to demand or receive the amount of any credit
against its
5.15.5 Maintenance and Operation of the Solar Array. Prior to the conveyance of Tract A
and the Solar Array to the Association, Declarant shall be solely responsible for all costs of
operating, maintaining, repairing and replacing all or any part of the Solar Array. Said costs shall
include the obligation to adequately insure the Solar Array and any liability which may exist in
connection therewith. Following the conveyance of Tract A and the Solar Array to the Association,
all costs of operating, maintaining, repairing and replacing all or any part of the Solar Array shall
be the obligation of the Association and Declarant shall have no further obligation for those duties.
The Association shall keep the Solar Array adequately insured, including the securing of sufficient
public liability insurance. The Association may establish one or more reserve funds for the purpose
of fulfilling its obligations under this Section 5.15.5, which reserve fund(s) may include one or more
to be used to replace the Solar Array at the end of its expected useful life.
5.15.6 Declarant shall have an easement over all portions of the Common Interest
Community reasonably needed to fulfill the obligations established in this Section 5.15.
5.15.7 Tract A shall always be used for the production of electricity. The Association may
replace the Solar Array with other technologies
ARTICLE 6 DECLARANT'S RESERVED RIGHTS
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Declarant hereby expressly reserves to itself and its successors and assigns the following described rights,
which include development rights and special Declarant rights, any one or more of which rights may be exercised,
in the sole and absolute discretion of Declarant, at any time and from time to time during the period commencing
upon the Recording of this Declaration in the County and ending on the date of termination of such rights
established under Section 6.12 below. It is expressly understood that Declarant shall not be obligated to exercise
any of these reserved rights.
Except as limited by this Article 6, the reserved rights established herein may be exercised upon or in
connection with all or any portion of the Common Interest Community. Such rights may be exercised with respect
to different parcels of said real estate at different times, and in connection therewith Declarant hereby states that
(i) no assurances are made regarding the boundaries of said different parcels or with respect to the order in which
such parcels may be subjected to the exercise of these reserved rights, even if a reference to a phase or phasing
appears in a legal description, Plat, P.U.D. agreement or other agreement relating to the property, and (ii) if a
particular reserved right is exercised in any portion of the real estate subject to that reserved right, that reserved
right is not required to be exercised in all or any portion of the remainder of that real estate.
The reserved rights hereinafter set forth may not be amended, modified, terminated or otherwise altered in
any way without the express prior written consent of Declarant or its assign as evidenced by a Recorded document.
All conveyances of Lots and other portions of the Common Interest Community hereafter made, whether by
Declarant or otherwise, shall be deemed and construed to reserve to Declarant and/or to grant to Declarant all of
the rights reserved by and to Declarant in this Article 6, even though no specific reference to such rights appears
in the conveyance instruments. Nothing in this Article 6 shall limit or impair any other rights granted or reserved
to Declarant by other provisions of this Declaration or of any Supplemental Declaration.
The following rights are hereby reserved to Declarant and its successors and assigns:
6.1 Completion of Improvements. The right throughout the Common Interest Community to
complete Improvements indicated on any Plat, as defined in Paragraph 2.32 hereof, as such plats and this
Declaration may be amended from time to time and the right to construct and complete Improvements
required by the terms of any Subdivision Improvements Agreement or Development Agreement with the
County. Furthermore, the right to create, grant and/or use and enjoy additional non-exclusive easements,
and to relocate existing platted easements, upon or across any portion of the Common Interest Community
except Building Envelopes, as may be reasonably required for the completion by Declarant of the above-
described Improvements or the effective exercise by Declarant of any of the other reserved rights described
in this Article 6.
6.2 Sales, Marketing and Management. The right to construct, locate or operate, and to maintain
upon, and to remove from, Lots owned by Declarant, and/or the Common Areas, in the discretion of
Declarant, and in such number, size and location as may be reasonably required by Declarant in connection
with the completion of Improvements, the management of the development, and/or the promotion,
marketing, sale or rental of Lots, the following:
6.2.1 Sales offices, management offices, and/or construction offices, and structures
containing or relating to the same. Such offices, to the extent they are not situated on a Lot or are
hereby declared to be personal property of the Declarant and shall in any case be removable by
Declarant or its successors or assigns promptly upon the Declarant or its successors or assigns
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ceasing to be a Lot Owner;
6.2.2 Signs identifying and advertising the Common Interest Community and the Lots
therein, or relating to development or construction thereon;
6.2.3 Model residences constructed or to be constructed on Lots;
6.2.4 Parking areas and facilities, and lighting, necessary or desirable in the marketing of
the Common Interest Community and the Lots to prospective Owners;
6.2.5 Employees in offices; equipment; vehicles; and marketing and construction materials;
6.2.6 Together with the right to attract, invite or bring prospective purchasers of Lots into
the Common Interest Community at all times, and to permit them to use and enjoy the Common
Areas.
6.3 Merger. The right to merge or consolidate the Common Interest Community with another
common interest community of the same form of ownership.
6.4 Declarant Control of Association. The right to appoint or remove any Executive Board
member or officer of the Association, as more specifically set forth in Section 7.4 below, but only for and
during the “Period of Declarant Control of Association” as defined in said Section 7.4.
6.5 Declarant’s Rights to Grant and Create Easements. The right to grant, create or reserve
temporary and permanent easements or to relocate existing easements for or in connection with (a) the
Affordable Housing Deed Restriction; (b) access to and egress from or through the Common Interest
Community; (c) access to and egress from the Conservation Area and/or the Designated Wetland; (d)
utilities, including, but not limited to, water, sewer and electrical lines; (e) drainage, irrigation and ditch and
pipeline easements; (f) access across private roads located within the Common Interest Community; and
(g) other purposes incident to the development and sale of the Common Interest Community (collectively
the “Easements”). Such Easements may be located by Declarant in, on, under, over, and across Association
Property or upon Lots within the Common Interest Community so long as such easements do not lie within
any Building Envelope. Declarant shall further have the right to grant to public or quasi-public entities or
private utility providers the right to construct certain storage or other similar facilities on the Association
Property in connection with the provision of utilities or other services to the Common Interest Community.
Any such facilities so located, and of all distributions lines located in any easements created pursuant to the
provisions hereof, or otherwise, shall, in of all events, belong to the provider of such services. Declarant
shall have the right to grant easements or licenses to the public Roaring Fork Transportation Authority over
trails, bridges, roads and other portions of the Common Elements for use by the public of those access,
recreational or other purposes as Declarant believes is in the best interest of the Association and the Owners.
6.6 Withdrawal Rights and Procedure. The right at any time and from time to time to withdraw
from the Common Interest Community any Declarant-owned Lot or Lots, or Common Areas.
6.6.1 Withdrawal may only be accomplished by the recording by Declarant of an
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amendment to this Declaration or any Supplemental Declaration affected by the withdrawal, and an
amendment to the Plat or any Supplemental Plat affected by the withdrawal. Upon the recording
of such amendments, the withdrawn Lots, or Common Areas shall no longer be part of the Common
Interest Community or subject to this Declaration or any applicable Supplemental Declaration in any
way.
6.6.2 Each Declarant-owned Lot, and each Declarant-owned Common Area, is hereby
described and declared to be a separate portion of real estate that is subject to this right of
withdrawal, and Declarant expressly reserves the right to withdraw one or more Declarant-owned
Lots and/or all or a portion of any Declarant-owned Common Area from the Common Interest
Community. Once a Lot has been conveyed to a Lot Owner other than Declarant, that portion of
the real estate is no long subject to this right of withdrawal. Likewise, once a Common Area has
been conveyed to the Association, that portion of the real estate is no longer subject to this right of
withdrawal.
6.6.3 The withdrawn property shall be subject to whatever easements, if any, may be
reasonably necessary for access or utility service to, or operation or management or use or
enjoyment of, the Common Interest Community or any part thereof. Similarly, the owner(s) of the
withdrawn property shall have whatever easements, if any, are reasonably necessary for access or
utility service to or for use or enjoyment of the withdrawn property over and across the Common
Areas within the Common Interest Community. At the time any withdrawal of real estate is
accomplished, Declarant shall record whatever documents are necessary to establish such reciprocal
easements in the County records.
6.6.4 Declarant shall not withdraw property from the Common Interest Community if such
withdrawal would materially and negatively affect the rights provided to the remaining property
located within TCI Lane Ranch as such rights are established under the Approval Resolution.
6.7 Subdivision of Blocks or Lots or Units; Conversions of Lots or Units into Master Common
Area. Declarant shall have and hereby reserves the right to subdivide any Declarant-owned Block or Lot
located within the Common Interest Community to create additional Lots, subject to the maximum number
of Lots set forth in the Recitals to this Declaration; provided, however, that such subdivision is consistent
with the Approval Resolution as it may be amended from time to time. Declarant shall also have and hereby
reserves the right to convert one or more Lots in to Common Area. Upon the subdivision of any Block or
Lot or the conversion of any Lot(s) into Common Area in accordance with the terms and conditions
contained herein, the Allocated Interests of all Owners shall be reallocated in accordance with the definition
of Allocated Interests contained in this Declaration.
6.8 Effect of Expansion or Contraction. In the event any real property is withdrawn from the
Common Interest Community as provided herein, the definitions used in this Declaration shall be
automatically contracted to encompass and refer to the Common Interest Community as contracted.
Common Area shall exclude all properties removed by withdrawal.
6.9 Other Reserved Development Rights. The right with respect to all or any Declarant-owned
portion of the Common Interest Community (including the Lots) to (a) create Common Areas or Limited
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Common Areas; (b) create additional Lots, subject to the maximum set forth in the Recitals to this
Declaration; (c) combine Lots; (d) convert Lots into Common Areas; (e) convert Common Areas into Lots;
and (f) create Common Elements and/or Limited Common Elements.
6.10 Transfer of Declarant’s Reserved Rights. Any one or more rights created or reserved for the
benefit of Declarant under this Article 6 or elsewhere in this Declaration or in any Supplemental Declaration
may be transferred to any Person by an instrument describing the right or rights transferred and Recorded
in the County. Such instrument shall be executed by the transferor Declarant and the transferee.
6.11 Termination of Declarant’s Reserved Rights. With the exception of Declarant’s right to
appoint or remove Executive Board members and officers of the Association, which is addressed in Section
7.5 below, the rights reserved to Declarant in this Article 6 shall automatically terminate and expire upon
the first to occur of (i) the date which is ten (10) years after the Recording of this Declaration, or (ii)
Declarant’s relinquishment and surrender of such rights by Recorded instrument. Declarant may from time
to time relinquish and surrender one or more but less than all of the reserved rights, in which event the
unrelinquished reserved rights shall remain fully valid and effective for the remainder of the term thereof.
The Association may extend the time period for exercise of a development right, or reinstate a lapsed
development right, subject to whatever terms, conditions and limitations the Association may impose on
the subsequent exercise of the development right. The extension or renewal of a development right and any
terms, conditions and limitations shall be included in an amendment executed by Declarant or the owner
of the real estate subject to the development right and the Association.
ARTICLE 7 ASSOCIATION OPERATION
7.1 Association. Prior to the date of the conveyance of the first Lot by Declarant, the Association
has been or will be formed as a Colorado nonprofit corporation under the Colorado Revised Nonprofit
Corporation Act. The Association shall have the duties, powers, and rights set forth in the Act, the Colorado
Revised Nonprofit Corporation Act, this Declaration and in its Articles of Incorporation and Bylaws. As
more specifically set forth hereinafter, the Association shall have a Board of Directors to manage its affairs.
Except as may be provided herein, the Articles of Incorporation or the Bylaws, the Board of Directors shall
be elected by Owners acting in their capacity as Members of the Association.
7.2 Association Board of Directors. The affairs of the Association shall be managed by a Board
of Directors. The number, term and qualifications of the Board of Directors shall be fixed in the Articles
of Incorporation and Bylaws. The Board of Directors may, by resolution, delegate portions of its authority
to officers of the Association, but such delegation of authority shall not relieve the Board of Directors of
the ultimate responsibility for management of the affairs of the Association. Action by or on behalf of the
Association may be taken by the Board of Directors or any duly authorized executive committee, officer,
agent, or employee without a vote of Members, except as otherwise specifically provided in this
Declaration.
With the exception of matters that may be discussed in executive session, as set forth in § 38-33.3-
308(3-7) of the Act, all regular and special meetings of the Board of Directors or any committee thereof
shall be open to attendance by all Members in the Association or their representatives. Without limiting the
generality of the foregoing, no rule or regulation may be validly adopted during an executive session.
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Agendas for meetings of the Board of Directors shall be made reasonably available for examination by all
Members or their representatives prior to the meeting.
The Board of Directors shall have all powers, authority and duties granted or delegated to it by the
Act, this Declaration, and the Association Documents. Except as provided in the Act, this Declaration, or
the Association Documents, the Board of Directors may act in all instances on behalf of the Association.
The Board of Directors may not, however, act on behalf of the Association to amend this Declaration, to
terminate the Common Interest Community, or to elect Directors or determine the qualifications, powers
and duties, or terms of office of Directors but the Board of Directors may fill Director vacancies in its
membership for the unexpired portion of any term.
7.3 Membership in Association. Each Owner of a Lot within the Common Interest Community
shall be a Member of the Association and shall remain a Member for the period of the Owner’s ownership
of a Lot. There shall be one Membership in the Association for each Lot within the Common Interest
Community. The Person or Persons who constitute the Owner of a Lot shall automatically be the holder
of the Membership appurtenant to that Lot, and the Membership appurtenant thereto shall automatically pass
with fee simple title to the Lot. Declarant shall hold a Membership in the Association for each Lot owned
by Declarant. Membership in the Association shall not be assignable separate and apart from fee simple
title to a Lot. However, any Owner may appoint, in a written instrument furnished to the secretary of the
Association, a delegate to exercise the rights of such Owner as a Member of the Association, and in the
event of such appointment, the delegate shall have the power to cast votes on behalf of the Owner as a
Member of the Association, subject to the provisions of and in accordance with the procedures more fully
described in the Bylaws of the Association.
7.4 Voting Rights of Members. Each Member shall have the right to cast one vote for each Lot
owned by such Member in accordance with the Bylaws, provided that in no event shall there be more than
one (1) vote per Lot. Occupants of Lots shall not have voting rights. If title to a Lot is owned by more than
one (1) Person, such persons shall collectively vote their interest as a single vote. If only one of the multiple
Owners of a Lot is present at an Association meeting, such Owner is entitled to cast the vote allocated to
the Lot. If more than one of the multiple Owners is present, the vote allocated to that Lot may be cast only
in accordance with the agreement of a majority in interest of the Owners. There is a majority agreement
if any of the multiple Owners casts the vote allocated to that Lot without protest being made promptly to
the person presiding over the meeting by any of the other Owners of the Lot. In the event that a protest is
made by one or more multiple Owners, and a majority-in-interest of the multiple Owners of a Lot cannot
agree on how to cast their vote, any vote cast for that Lot shall be null and void with regard to the issue
being voted upon. Such multiple Owners and their Lot shall nevertheless be counted in determining the
presence of a quorum with respect to the issue being voted upon.
7.5 Declarant Control. Notwithstanding anything contained herein to the contrary, Declarant
shall be entitled to select and appoint, in its sole discretion, Directors, in accordance with the Bylaws (the
"Declarant's Control Period"), until the expiration of the Declarant's Control Period as defined below.
Provided, however, the right of the Declarant to select and appoint Directors shall be subject to the
provisions of Section _____ of the Bylaws. The Declarant's Control Period shall cease on the happening
of any of the following events, whichever occurs earlier: (a) sixty (60) days after conveyance of seventy-
five percent (75%) of the total number of Lots that may be created within the Common Interest Community
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have been conveyed to Persons other than Declarant; (b) two (2) years after the last conveyance of a Lot
by Declarant in the ordinary course of business; (c) two (2) years after any right to add new Lots was last
exercised by Declarant; or (d) when, in its discretion, Declarant so determines.
7.6 Termination of Contracts and Leases of Declarant. The following contracts and leases, if
entered into before the Board of Directors elected by the Owners pursuant to Section 38-33.3-303(7) of the
Act takes office, may be terminated without penalty by the Association at any time after the Board of
Directors elected by the Owners pursuant to said Section 38-33.3-303(7) takes office, upon no less than
ninety (90) days notice to the other party: (i) any management contract, employment contract or lease of
recreational or parking areas or facilities; (ii) any other contract or lease between the Association and
Declarant or an affiliate of Declarant; (iii) any contract or lease that is not bona fide or was unconscionable
to the Owners at the time entered into under the circumstances then prevailing.
7.7 Determination of Member Voting Privileges. Notwithstanding anything to the contrary
contained herein, only Members whose voting rights are in good standing under the Associations' Bylaws
(e.g., voting rights which have not been suspended as provided therein) shall be entitled to vote on
Association matters. In accordance therewith, any and all provisions contained herein requiring the
approval of a requisite percentage of members of the Association shall be deemed satisfied when the
requisite percentage of members entitled to vote has been met.
7.8 Registration of Owners. Each Owner shall register with the Association upon such Owner's
acquisition of a Lot within the Common Interest Community. Such registration shall be completed by such
owner at the time such Owner closes the purchase of a Lot within the Common Interest Community and
shall be delivered to the Association within seven days of the date of such closing. Such registration shall
be in a form prescribed by the Association and shall include: (1) a mailing address where notices or
demands intended to be served upon such Owner may be mailed by the Association; (2) a designation of
a voting representative for such Lot; and (3) an acknowledgment that such Owner has: (a) received a copy
of this Declaration and the Bylaws of the Association; (b) that such Owner has read and understands the
same; and (c) that such Owner is bound by the terms and provisions of the Declaration and the Bylaws.
ARTICLE 8 DUTIES AND POWERS OF ASSOCIATION
8.1 General Duties and Powers of Association. The Association has been or will be formed to
further the common interests of the Members, to promote the mission of TCI Lane Ranch as set forth in
Section 1.4, above and to manage the affairs of the Common Interest Community. The Association, acting
through the Board or Persons to whom the Board has delegated such powers, shall have the duties and
powers hereinafter set forth and, in general, the power to do anything that may be necessary or desirable to
further the common interests of the Members, to promote the mission of TCI Lane Ranch as set forth in
Section 1.4, above, to maintain, improve, and enhance the common interests of the Members, to maintain,
improve, and enhance Association Property, and to improve and enhance the attractiveness, aesthetics, and
desirability of the Common Interest Community.
8.2 Duty to Accept Property and Facilities Transferred by Declarant. The Association shall
accept title to any real property, including any Improvements thereon and personal property transferred to
the Association by Declarant, and equipment related thereto, together with the responsibility to perform any
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and all Administrative Functions and Association Functions associated therewith, provided that such
property and functions are not inconsistent with the terms of this Declaration. Declarant may transfer to the
Association property owned in fee, easements, leasehold interests, and licenses or other use rights. Any
property or interest in property transferred to the Association by Declarant will usually be within the
boundaries of the Common Interest Community;, however, Declarant may transfer and convey other
property to the Association, including, for example and without limitation, the beneficial use of an
easement, located outside of the Common Interest Community but which benefits the Association and the
Owners. Any property or interest in property transferred to the Association by Declarant shall, except to
the extent otherwise specifically approved by resolution of the Board of Directors, be transferred to the
Association free and clear of all monetary obligations, liens and encumbrances (other than the lien of
property taxes and assessments not then due and payable), but shall be subject to the terms of this
Declaration, and easements, covenants, conditions, restrictions, and equitable servitudes or other
encumbrances of record. Except as otherwise specifically approved by resolution of the Board of Directors,
no property or interest in property transferred to the Association by Declarant shall impose upon the
Association any obligation to make monetary payments to Declarant or any affiliate of Declarant, due to
such conveyance, including, but not limited to, any purchase price, rent, charge, or fee. This Section 8.2
shall preclude or be construed to preclude the Association and Declarant from entering into a contractual
relationship whereby Declarant, or an affiliate of Declarant, agrees and is compensated to provide goods
and/or services to the Association or its Members.
8.3 Duty to Manage and Care for Association Property. The Association shall manage, operate,
care for, maintain, and repair all Association Property and keep the same in an attractive and desirable
condition for the use and enjoyment of the Members.
8.4 Duty to Pay Taxes. The Association shall pay all taxes and assessments levied upon the
Association Property and all taxes and assessments payable by the Association. The Association shall have
the right to contest any such taxes or assessments provided that the Association shall contest the same by
appropriate legal proceedings which shall have the effect of staying the collection of the tax or assessment
and the sale or foreclosure of any lien for such tax or assessment while the Association is challenging such
tax or assessment, and provided that the Association shall have a reasonable source of funds to pay and
discharge the taxes and assessments, together with any interest and penalties which may accrue with respect
thereto, if the contest of such taxes is unsuccessful.
8.5 Duty to Maintain Casualty Insurance. The Association shall obtain and keep in full force
and effect at all times, to the extent reasonably obtainable, property insurance on all insurable Association
Property, including, but not limited to, improvements and personal property owned by the Association or
that must be owned by the Association in the future. Such insurance shall be for broad form covered causes
of loss, including, casualty, fire, and extended coverage insurance with respect to all insurable
Improvements and personal property owned by the Association including, if available at reasonable cost,
coverage for vandalism and malicious mischief and, if available and if deemed appropriate, coverage for
flood, earthquake, and war risk. Such insurance shall, to the extent reasonably obtainable, be for the full
insurable replacement cost of the insured property, less applicable deductibles at the time the insurance is
purchased and at each renewal date, exclusive of land, excavation, foundations and other items normally
excluded from property policies.
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8.6 Duty to Maintain Liability Insurance. The Association shall obtain and keep in full force and
effect at all times, to the extent reasonably obtainable, general liability insurance against claims and
liabilities arising in connection with the ownership, existence, use, or management of the Association
Property and covering public liability for bodily injury and property damage and, if the Association owns
or operates motor vehicles, public liability for bodily injury and property damage arising as a result of the
ownership and operation of motor vehicles. Such liability insurance for other than motor vehicle liability
shall, to the extent reasonably obtainable, (a) have limits of not less than Five Hundred Thousand Dollars
($500,000) per person and One Million Dollars ($1,000,000) per occurrence; (b) insure the Board, the
Association, the Manager, if any, and their respective employees, agents and all Persons acting as agents;
(c) include the Declarant as an additional insured in such Declarant's capacity as a Member or Board
member; (d) include the Members as an additional insured, but only for claims and liabilities arising in
connection with the ownership, existence, use or management of Association Property; and (e) cover claims
of one or more insured parties against other insured properties. The Board shall have authority to secure
general liability insurance coverage in excess of the limits of liability set forth above and shall purchase
such policies if it reasonably believes the best interests of the Association and the Members will be served
by doing so.
8.7 General Provisions Respecting Insurance. Insurance obtained by the Association may
contain such deductible provisions as good business practice may dictate. If the insurance described is not
reasonably available, or if any policy of such insurance is canceled or renewed without a replacement policy
therefor having been obtained by it, the Association shall promptly cause notice of that fact to be delivered
to all Members. The Association may carry any other type of insurance the Board considers appropriate
in amounts the Board deems appropriate, to insure the interest of the Association. Insurance policies carried
pursuant to Sections 8.5 and 8.6 shall provide that (a) each Member is an insured Person under the policy
with respect to liability arising out of such Member's interest in the Association Property or membership
in the Association; (b) the insurer waives its right of subrogation under the policy against the Association,
each Member, and any Person claiming by, through, or under such Member or any other director, agent, or
employee of the foregoing; (c) no act or omission by any Member will void the policy; and (d) if at the time
of a loss under the policy, there is other insurance in the name of a Member covering the same risk covered
by the policy, the Association's policy shall be the primary insurance. The Association may adopt and
establish written nondiscriminatory policies and procedures relating to the submittal of claims, responsibility
for deductibles, and any other matters of claims adjustment. To the extent the Association settles claims
for damages to real property, it shall have the authority to assess negligent Owners causing such loss or
benefitting from such repair or restoration for all deductibles paid by the Association. Insurance obtained
by the Association shall, to the extent reasonably possible, and provided Declarant reimburses the
Association for any additional premium payable on account thereof, name Declarant as an additional insured
and shall contain a waiver of rights of subrogation as against Declarant. Insurance policies and insurance
coverage shall be reviewed at least annually by the Board of Directors to ascertain whether coverage under
the policies is sufficient in light of the current values of the Association Property and in light of the possible
or potential liabilities of the Association. During the period of Declarant control over the Board, the
aforementioned insurance may be provided under blanket policies covering the Association Property and
property of Declarant.
8.8 Maintenance of Fidelity Insurance. In the event the Board of Directors delegates its powers
with respect to collection, deposit, transfer, or disbursement of Association funds to other Persons or to a
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managing agent, then in connection with such delegation of powers, the Board of Directors shall require:
8.8.1 That the other Persons or managing agent maintain fidelity insurance coverage or a
bond in an amount not less than Twenty-Five Thousand Dollars ($25,000) or such higher amount
as the Board of Directors or Executive Committee may require;
8.8.2 That the other Persons or managing agent maintain all funds in accounts of the
Association separate from the funds and accounts of other associations managed by the other
persons or managing agent and maintain all reserve accounts of each association so managed
separate from operational accounts of the Association; and
8.8.3 That an annual accounting for Association funds and a financial statement be
prepared and presented to the Association by the managing agent, a public accountant, or a certified
public accountant.
8.9 Other Insurance and Bonds. The Association shall obtain such other insurance as may be
required by law, including workmen's compensation insurance, and shall have the power to obtain such
other insurance and such fidelity, indemnity, or other bonds as the Association shall deem necessary or
desirable.
8.10 Insurance Proceeds. Any loss covered by the property insurance policy described in Section
8.5 above must be adjusted with the Association, but the insurance proceeds for that loss shall be payable
to any insurance trustee designated for that purpose by the Association, or otherwise to the Association, and
not to any holder of a security interest. The insurance trustee or the Association shall hold any insurance
proceeds in trust for the Association, Owners and lien holders as their interest may appear. Subject to the
provisions of Section 38.33.3-313(9) of the Act, the proceeds shall be disbursed first for the repair or
restoration of the damaged property, and the Association, Owners and lien holders are not entitled to receive
payments of any portion of the proceeds unless there is a surplus of proceeds after the property has been
completely restored or the Common Interest Community is terminated.
8.11 Nonliability of Association or Board of Directors. Notwithstanding the duty of the
Association to obtain insurance coverage, as stated herein, neither the Association nor any Board of
Directors member, shall be liable to any Owner, Occupant, Mortgagee, or other Person, if any risks or
hazards are not covered by insurance, or if the appropriate insurance is not obtained because such insurance
is not reasonably obtainable on the Association’s behalf, or if the amount of insurance is inadequate, and
it shall be the responsibility of each Owner and Occupant to ascertain the coverage and protection afforded
by the Association’s insurance and to procure and pay for such additional insurance coverage and protection
as the Owner or Occupant may desire.
8.12 Insurance Claims. The Association is hereby irrevocably appointed and authorized, subject
to the provisions contained herein, to adjust all claims arising under insurance policies purchased by the
Association and to execute and deliver releases upon the payments of claims, and to do all other acts
reasonably necessary to accomplish any of the foregoing. The Board of Directors has full and complete
power to act for the Association in this regard, and may, in its discretion, appoint an authorized
representative, or enter into an insurance trust agreement, wherein the trustee shall have the authority to
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negotiate losses under any policy purchased by the Association.
8.13 Benefit. Except as otherwise provided herein, all insurance policies purchased by the
Association shall be for the benefit of, and any proceeds of insurance received by the Association or any
insurance trustee shall be held or disposed of, in trust, for the Association, the Owners, or the Occupants
as their interest may appear.
8.14 Other Insurance to be Carried by Owners or Occupants. Insurance coverage on the
Improvements, furnishings and other items of personal property belonging to an Owner or Occupant, and
public liability insurance coverage upon each Lot shall be the responsibility of the Owner or Occupant of
the Lot.
The Board of Directors may require an Owner who purchases additional insurance coverage for the Owner’s
Lot (other than coverage for the Owner’s personal property) to file copies of such policies with the
Association within thirty (30) days after purchase of the coverage.
8.15 Repair and Replacement. Any portion of the Common Interest Community for which
insurance is required under Section 38-33.3-313 of the Act that is damaged or destroyed must be repaired
or replaced promptly by the Association unless: (i) the Common Interest Community is terminated; (ii)
repair or replacement would be illegal under any state or legal statute or ordinance governing health or
safety; (iii) sixty-seven percent (67%) of the Owners, including Owners of every Lot that will not be rebuilt,
vote not to rebuild; or (iv) prior to the conveyance of any Lot to a person other than Declarant, the
Mortgagee holding a Mortgage on the damaged portion of the Common Areas rightfully demands all or a
substantial part of the insurance proceeds.
8.15.1 The cost of repair or replacement in excess of the sum of insurance proceeds and
reserves held for repair or replacement by the Association shall be a Common Expense. If only a
part of the Common Interest Community has been damaged, insurance proceeds attributable to the
damaged Lots or Common Areas shall be used to restore the damaged property to a condition
compatible with the remainder of the Common Interest Community. Except to the extent that other
Persons are not entitled to the insurance proceeds pursuant to the terms of the relevant insurance
policies, the insurance proceeds attributable to Lots and Common Areas that are not rebuilt or
restored shall be distributed to the Owners of those Lots (or to the Association, in the case of damage
to the Common Areas), or to lien holders, as their interests may appear. The balance of the proceeds
shall be distributed to all Owners or lien holders as their interest may appear in proportion to the
Common Expense liabilities of each Lot.
8.15.2 In the event of damage to or destruction of all or a portion of the Lots or Common
Areas due to fire or other adversity or disaster, the insurance proceeds if sufficient to reconstruct or
repair the damage, shall be applied by the Association to such reconstruction and repair. If the
insurance proceeds with respect to such damage or destruction are insufficient to repair and
reconstruct the damage or destruction, the Association may levy a Special Assessment in the
aggregate amount of such deficiency, or if such damage was caused by the gross negligence or
willful misconduct of any Owner or group of Owners, the Association may levy a Reimbursement
Assessment against the Owner or group of Owners responsible therefore, and shall proceed to make
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such repairs or reconstruction. Such Assessments shall be due and payable as provided by resolution
of the Board of Directors, but not sooner than sixty (60) days after written notice thereof. The
Assessment provided for herein shall be a debt of each Owner who was made subject to the
assessment, and the Assessment may be enforced and collected in the same manner as any other
Assessment as provided for in this Declaration. If the entire damaged property is not repaired or
replaced, the insurance proceeds attributable to the damaged property shall be used to restore the
damaged property to a condition compatible with the remainder of the Common Interest
Community. No distributions of insurance proceeds shall be made to an Owner unless made jointly
payable to the Owner and first Mortgagee, if any, of the respective Lot.
8.16 Cancellation. If the insurance described in Section 8.15 above is not reasonably available,
or if any policy of such insurance is cancelled or not renewed without a replacement policy therefor having
been obtained, the Association promptly shall cause notice of that fact to be provided to all Owners.
8.17 Duty to Prepare Budgets. The Association shall prepare Budgets for the Association as
elsewhere provided in this Declaration.
8.18 Duty to Levy and Collect Assessments. The Association shall levy and collect Assessments
as elsewhere provided in this Declaration.
8.19 Duty to Keep Association Records. The Association shall keep financial records sufficiently
detailed to enable the Association to comply with the Act, including, but not limited to, financial records
sufficiently detailed to provide a statement setting forth the amount of any unpaid Assessments currently
levied against an Owner.
8.20 Duties with Respect to Design Review Committee Approvals. The Association shall perform
functions to assist the Design Review Committee as elsewhere provided in this Declaration. Additionally,
the Association shall have the right to delegate the duties of the Design Review Committee to a similar
committee performing similar functions at one or more planned unit developments within Garfield County,
Colorado.
8.21 Power to Acquire Property and Construct Improvements. The Association may acquire
property or interests in property for the common benefit of Owners including Improvements and personal
property. The Association shall have full control over Improvements located on Association Property, and
may, without limitation, construct Improvements on such property, including portions of the Common
Areas, provided such Improvements are not subject to conservation or other restrictive servitude which
prohibits the Improvement. Notwithstanding any provision of this Declaration to the contrary, the
Association may limit use of a part of the Association Property or any Improvement located on Association
Property for individual Owner use, and may charge said Owner for such use and the maintenance of that
Association Property and Improvement.
8.22 Power to Adopt Rules and Regulations. The Association may adopt, amend, repeal, and
enforce Rules and Regulations as may be deemed necessary or desirable with respect to the interpretation
and implementation of this Declaration, the operation of the Association, the use and enjoyment of
Association Property, and the use of any other property within the Common Interest Community, including
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Lots. Any such Rules and Regulations shall be effective only upon adoption by resolution of the Board of
Directors. Notice of the adoption, amendment, or repeal of any Rule or Regulation shall be given in writing
to each Member at the address for notices to Members as elsewhere provided in this Declaration or the
Bylaws, and copies of the currently effective Rules and Regulations shall be made available to each Member
on the Association’s website and upon request and payment of the reasonable expense of copying the same.
Each Member shall comply with the Rules and Regulations and shall see that Persons claiming through such
Member also comply with the Rules and Regulations. The Rules and Regulations shall be of the same force
and effect as this Declaration. In the event of conflict between the Rules and Regulations and the provisions
of this Declaration, the provisions of this Declaration shall prevail.
8.23 Power to Enforce Declaration and Rules and Regulations. The Association shall have all
power necessary to enforce the provisions of this Declaration and the Rules and Regulations and shall take
such action as the Board deems necessary or desirable to cause such compliance by each Member and each
Person claiming by, through, or under such Member ("Related User"). Without limiting the generality of
the foregoing, the Association shall have the power to enforce the provisions of this Declaration and the
Rules and Regulations by any one or more of the following means: (a) by entry upon any property within
the Common Interest Community after Notice and Hearing (unless a bona fide emergency exists), without
liability to the Owner thereof or the Association, for the purpose of enforcement or causing compliance with
this Declaration or the Rules and Regulations; (b) by commencing and maintaining actions and suits to
restrain and enjoin any breach or threatened breach of the provisions of this Declaration or the Rules and
Regulations, by mandatory injunction or otherwise; (c) by commencing and maintaining actions and suits
to recover damages for breach of any of the provisions of this Declaration or the Rules and Regulations; (d)
by suspension, after Notice and Hearing, of the voting rights of a Member during and for up to ten (10) days
following any breach by such Member or a Related User of such Member of this Declaration or the Rules
and Regulations, unless the breach is a continuing breach in which case such suspension shall continue for
so long as such breach continues; (e) by levying and collecting, after Notice and Hearing, a Reimbursement
Assessment against any Member for breach of this Declaration or the Rules and Regulations by such
Member or Related User of such Member, including the bringing and prosecution of an action in a court
of competent jurisdiction for the collection of the same; and (f) uniformly applied fines and penalties,
established in advance in the Rules and Regulations of the Association, from any Member or Related User
for breach of this Declaration or the Rules and Regulations by such Member or Related User of such
Member, including the bringing and prosecution of an action in a court of competent jurisdiction for the
collection of the same. In the event that the Association fails to enforce the provisions of this Declaration
as provided for herein, each Member shall, after providing written notice thereof to the Association not less
than 30 days prior to the Member taking action, have the power (a) to enforce the provisions hereof by
commencing and maintaining actions and suits to retrain and enjoin any breach or threatened breach of the
provisions of this Declaration, by mandatory injunction or otherwise; or (b) to commence or maintain
actions and suits to recover damages for breach of any of the provisions of this Declaration.
8.24 Power to Grant Easements. The Association shall have the power to grant access, utility,
drainage, water facility, and such other easements in, on, over, or under Association Property as it deems
necessary or desirable for the benefit of the Common Interest Community and which are permitted to the
Association under the Act. The Association shall have the further power to designate portions of the
Association Property as limited common elements for the benefit of specific Lot owners to the extent
permitted under the Act.
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8.25 Power to Convey and Dedicate Property to Governmental Agencies. The Association, with
the approval of Owners (exclusive of the Declarant) holding at least sixty-seven percent (67%) of the votes
in the Association, shall have the power to grant, convey, dedicate, or transfer any Association Property or
facilities to any public, governmental or quasi-governmental agency or authority for such purposes and
subject to such terms and conditions as the Association shall deem appropriate, except that the approval of
the Declarant shall be required if other provisions of this Declaration require Declarant’s prior approval with
respect to property transferred to the Association by Declarant.
8.26 Power to Borrow Money and Mortgage Property. The Association shall have the power to
borrow money and, with the approval of Owners(exclusive of the Declarant) holding at least sixty-seven
percent (67%) of the votes in the Association, to encumber Association Property as security for such
borrowing, subject to provisions elsewhere contained in this Declaration with respect to required approvals
and consents to such action. An Agreement to convey, or subject the Association Property to a security
interest in accordance with this Section and Section 8.25 above shall be subject to the procedural
requirements set forth in Section 5.7, above, regarding the conveyance of the Common Areas by the
Association. Notwithstanding the foregoing, the Association, to the extent permitted by law and without
the approval of the Members, shall have the power to borrow money and to pledge existing and future
assessments as security for such borrowing.
8.27 Power to Engage Employees, Agents, and Consultants. The Association shall have the power
to hire and discharge employees and agents and to retain and pay for management, (e.g., management
company), legal and accounting services as may be necessary or desirable in connection with the
performance of any duties or the exercise of any powers of the Association under this Declaration.
8.28 General Corporate Powers. The Association shall have all of the ordinary powers and rights
of a Colorado corporation formed under the Colorado Nonprofit Corporation Act, including, without
limitation, entering into partnership and other agreements, subject only to such limitations as may be set
forth in this Declaration or in the Articles of Incorporation or Bylaws. The Association shall also have the
power to do any and all lawful things which may be authorized, required, or permitted to be done under this
Declaration or the Articles of Incorporation or Bylaws and to do and perform any and all acts which may
be necessary or desirable for, or incidental to, the exercise of any of the express powers or rights of the
Association under this Declaration, the Articles of Incorporation or Bylaws.
8.29 Power to Provide Association Functions. The Association shall have the power to acquire,
construct, operate, manage, maintain, repair, and replace all necessary facilities and to provide Association
Functions as defined in this Declaration. The Association may enter into such cooperative agreements and
arrangements as it may deem appropriate with any provider of utilities or public services to Owners,
including any special district or quasi-municipal entity providing such services.
8.30 Power to Provide Special Services to Members. The Association shall have the power to
provide services to individual Members or one or more groups of Members. Any service or services
provided to a Member or group of Members shall be provided pursuant to an agreement in writing, or
through one or more Supplemental Declarations, which shall provide for payment to the Association by such
Member or group of Members of the costs and expenses of the Association of providing such services,
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including a fair share of the overhead expenses of the Association and shall contain reasonable provisions
assuring that the obligation to pay for such services shall be binding upon any heirs, personal
representatives, successors and assigns of the Member or group of Members and that the payment for such
services shall be secured by a lien on the Lot of each such Member or Members.
8.31 Power to Charge for Association Property, Facilities and Services. The Association shall
have the power to establish reasonable and uniformly applied charges for the use of Association Property,
facilities and services. The charges may include reasonable admission or other fees for any special or
extraordinary use of Association Property.
8.32 Power to Employ Managers. The Association shall have the power to retain and pay for the
services of a manager or Managers, which may be the Declarant or an affiliate of Declarant, to undertake
any of the management or Administrative Functions, or Association Functions for which the Association
has responsibility under this Declaration to the extent deemed advisable by the Board, and may delegate any
of its duties, powers, or functions to any such Manager. Any contract or agreement with any such Manager
shall be terminable by the Association for cause on no more than thirty (30) days prior written notice, and
shall be terminable by the Association without cause and without payment of a termination fee on no more
than ninety (90) days prior written notice. Any such contract or agreement shall be for a term of no more
than one (1) year and may be subject to renewal for succeeding terms of no more than one (1) year each.
Notwithstanding any delegation to a Manager of any duties, powers, or functions of the Association, the
Association and its Board of Directors shall remain ultimately responsible for the performance and exercise
of such duties, powers and functions.
8.33 Association as Attorney-In-Fact. Each and every Owner hereby irrevocably constitutes and
appoints the Association as such Owner’s true and lawful attorney-in-fact in such Owner’s name, place, and
stead for the purpose of dealing with the Common Interest Community in furtherance of any action
previously approved by the Members at a duly-called meeting thereof, including, without limitation, upon
the damage, destruction, condemnation, or obsolescence of the Common Interest Community, as provided
below. In addition, the Association, or any insurance trustee or substitute insurance trustee designated by
the Association, is hereby appointed as attorney-in-fact under this Declaration for the purpose of purchasing
and maintaining insurance under this Article 8, including: the collection and appropriate disposition of the
proceeds of such insurance; the negotiation of losses and the execution of releases of liability; the execution
of all documents; and the performance of all other acts necessary to accomplish such purpose. The
Association, or any insurance trustee, shall hold or otherwise properly dispose of any insurance proceeds
in trust for the Owners and their Mortgagees, as their interests may appear. Acceptance by any grantee of
a deed or other instrument of conveyance from Declarant or from any current or prior Owner shall constitute
appointments of the attorneys-in-fact as provided above. Notwithstanding any other provision of this
Declaration to the contrary, the Association may exercise its authority as attorney-in-fact for any purpose
permitted pursuant to this Declaration only if, in each and every instance where such exercise is so
permitted, the Board of Directors approves the exercise of such authority by the affirmative vote of a
majority of the voting directors. If the Board of Directors fails to so approve any exercise of authority as
attorney-in-fact, the Association shall have only authority that is provided under the Act. As attorney-in-
fact, the Association shall have full and complete authorization, right, and power, to make, execute, and
deliver any contract, assignment, deed, waiver, or other instrument with respect to the interest of any Owner
which may be necessary or appropriate to exercise the powers granted to the Association as attorney-in-fact.
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8.34 Powers Provided by Law. In addition to the above-referenced powers, the Association shall
have full power to take and perform any and all actions which may be lawfully taken by the Association
under the Colorado Revised Nonprofit Corporation Act and the Colorado Common Interest Ownership Act.
ARTICLE 9 ASSESSMENTS, BUDGETS AND FUNDS
9.1 Assessment Obligation. Declarant, for each Lot in the Common Interest Community, shall
be deemed to covenant and agree, and each Owner, by acceptance of a deed therefor (including a public
trustee’s or sheriff’s deed), whether or not it shall be so expressed in any such deed or other instrument of
conveyance, shall be deemed to covenant and agree, to pay to the Association: (1) Common Assessments
or charges, (2) Special Assessments, (3) Reimbursement Assessments, and (4) Irrigation Assessments, such
assessments to be established and collected as hereinafter provided (collectively the “Assessments”). The
Assessments, together with interest, late charges, costs, and reasonable attorneys’ fees, shall be a continuing
lien and security interest upon the Lot against which each such Assessment is charged. The obligation for
such payments by each Owner to the Association is an independent covenant, and with all amounts due from
time to time payable in full without notice (except as otherwise expressly provided in this Declaration) or
demand, and without set-off or deduction of any kind or nature. Each Owner shall be liable for assessments
made against such Owner’s Lot during his period of ownership of the Lot. Each Assessment, together with
interest, late charges, costs and reasonable attorneys fees, shall also be the joint, several and personal
obligation of each Person who was an Owner of such Lot at the time when the Assessment became due.
Upon the transfer of title to a Lot, the transferor and the transferee shall be jointly, severally and personally
liable for all unpaid Assessments and other charges due to the Association prior to the date of transfer, and
the transferee shall be personally liable for all such Assessments and charges becoming due thereafter.
9.2 Common Assessments. For each calendar year, the Association shall levy Common
Assessments against Owners based upon an annual Budget prepared by the Board of Directors for purposes
of paying (i) the annual costs of operating and administering the Association and all other Common
Expenses, (ii) the cost of services rendered or expenditures incurred by the Association on behalf of all or
fewer than all of the Lots, which shall be assessed only to the Lots benefitted and then in accordance with
the formula set forth in Section 2.3, (iii) reasonable reserves for contingencies, replacements, and other
proper purposes, including, without limitation, those described in Sections 9.4, below, and (iv) such other
matters as may be reasonably determined by the Board of Directors to be the subject of a Common
Assessment. Common Assessments shall include, without limitation, any dues or other payments required
to be made by the Association, Each Owner shall be obligated to pay the Common Assessments levied
against and allocated to such Owner and the Lot of such Owner, as hereinafter provided.
9.3 Apportionment of Common Assessments. Each Lot’s share of the Common Assessments
shall be calculated in accordance with the formula set forth in Section 2.3 of this Declaration. If Lots have
been combined pursuant to Section 3.23 hereof, each Lot so combined shall be counted separately in
determining the amount of such Common Assessment and shall be assessed separately.
9.4 Reserve Funds.
9.4.1 Maintenance Funds to be Established. The Association may (but shall not be
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required to) establish and maintain the following separate Maintenance Funds: (a) an Administrative
Functions Operating Fund; and (b) an Administrative Functions Reserve Fund. The Maintenance
Funds shall be established as one or more savings or checking accounts at any financial institution
in which deposits are fully insured by an agency of the federal government. Notwithstanding
anything to the contrary contained herein, in no event shall the Association be required to apply any
surplus funds of the Association remaining after payment of or provision for common expenses, or
any prepayment of or provision for reserves, against any Members' future Common Assessment or
return such surplus funds to the Members.
9.4.2 Maintenance Funds to be Established. The Association may (but shall not be
required to) establish and maintain the following separate Maintenance Funds: (a) an Administrative
Functions Operating Fund; and (b) an Administrative Functions Reserve Fund. The Maintenance
Funds shall be established as one or more savings or checking accounts at any financial institution
in which deposits are fully insured by an agency of the federal government. Notwithstanding
anything to the contrary contained herein, in no event shall the Association be required to apply any
surplus funds of the Association remaining after payment of or provision for common expenses, or
any prepayment of or provision for reserves, against any Members' future Common Assessment or
return such surplus funds to the Members.
9.4.3 Maintenance Funds to be Established. The Association may (but shall not be
required to) establish and maintain the following separate Maintenance Funds: (a) an Administrative
Functions Operating Fund; and (b) an Administrative Functions Reserve Fund. The Maintenance
Funds shall be established as one or more savings or checking accounts at any financial institution
in which deposits are fully insured by an agency of the federal government. Notwithstanding
anything to the contrary contained herein, in no event shall the Association be required to apply any
surplus funds of the Association remaining after payment of or provision for common expenses, or
any prepayment of or provision for reserves, against any Members' future Common Assessment or
return such surplus funds to the Members.
9.4.4 Establishment of Other Funds. The Association may establish other reserve funds
as and when needed. Nothing herein shall limit, preclude, or impair the authority of the Association
to establish other reserve funds for specified purposes authorized by this Declaration. If the
Association establishes any additional reserve funds, the Board shall designate an appropriate title
for each such reserve fund to distinguish it from other accounts maintained by the Association.
9.4.5 Deposit of Common Assessments to Maintenance Funds. If the Association
establishes separate Maintenance Funds, monies received by the Association from Common
Assessments shall be deposited in the Maintenance Funds in accordance with the following
provisions: (a) there shall be deposited to the Administrative Functions Operating Fund that portion
of the Common Assessments which, according to the Association Budget for the year, was budgeted
for operating costs and expenses of the Administrative and Association Functions; and (b) there shall
be deposited to the Administrative Functions Reserve Fund that portion of the Common
Assessments which were budgeted for the Reserve Fund for Administrative and Association
Functions.
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9.4.6 Other Deposits to Maintenance Funds. If the Association establishes separate
Maintenance Funds, the Association shall deposit monies received by the Association from sources
other than Common Assessments in the Maintenance Fund determined by the Board of Directors
to be most appropriate. For example, the Reimbursement Assessments shall be deposited to the
Maintenance Fund from which the costs and expenses were or will be paid which form the basis for
the Reimbursement Assessments; and Special Assessments for capital repairs, maintenance,
replacements, and Improvements shall be deposited to the Reserve Fund from which such capital
costs have been or will be paid. Interest and late charges received on account of delinquent
assessments may be allocated among the Maintenance Funds in the same proportions as the
delinquent assessments were allocated or, at the discretion of the Board of Directors, may be
allocated to any one or more of the Maintenance Funds or other funds.
9.4.7 Disbursements from Maintenance Funds. All amounts deposited in the Maintenance
Funds shall be used solely for the common benefit of all the Members for purposes authorized by
this Declaration. Disbursements from particular Maintenance Funds shall be limited to specified
purposes as follows: (a) disbursements from the Administrative Functions Operating Fund may be
made for such purposes as are necessary or proper under this Declaration, except those purposes for
which disbursements are to be made from other Maintenance Funds; and (b) disbursements from the
Administrative Functions Reserve Fund shall be made solely for purposes of funding those
administrative Functions which cannot be expected to recur on an annual or more frequent basis.
9.4.8 Funding of Reserve Funds. The Board, in budgeting and levying assessments, shall
endeavor, whenever possible, to fund the Administrative Functions Reserve Fund by regularly
scheduled payments, included as part of the Common Assessments, rather than by large Special
Assessments. Amounts in the Administrative Functions Reserve Fund may be used in the discretion
of the Board of Directors, from time to time, for any purpose for which a Common or Special
Assessment may be used.
9.4.9 Authority for Disbursements. The Board shall have the authority to make or to
authorize an agent to make disbursements of any monies in the Maintenance Fund.
9.5 Annual Budgets. The Board of Directors shall cause to be prepared, at least sixty (60) days
prior to the commencement of each calendar year, a Budget for such calendar year, including a reasonable
provision for contingencies and deposits into the Administrative Functions and Reserve Funds. The Budget
shall show, in reasonable detail, the categories of expenses and the amount of expenses in each Maintenance
Fund, and shall reflect any expected income of the Association for the coming calendar year and any
expected surplus from the prior year and any existing surplus in any reserve fund. The budget may include
an amount for contingencies and amounts deemed necessary or desirable for deposits to create, replenish,
or add to the proper reserve fund for major capital repairs, replacements, and improvements for Association
Property. The Budget shall include a line item or category reflecting all annual expenses associated with
the Conservation Easement. Within thirty (30) days after the adoption of any Budget; the Board shall cause
a copy of the Budget to be distributed to each Member and shall set a date for a meeting of the Owners to
consider ratification of the Budget not less than fourteen (14) nor more than sixty (60) days after mailing
or other delivery of the summary. Such meeting may be concurrent with the annual meeting of members
as provided in the Bylaws. Unless at that meeting a majority of all Owners vote to reject the Budget, the
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Budget shall be deemed ratified, whether or not a quorum is present. In the event the budget is rejected, the
periodic Budget last ratified by the Owners shall be continued until such time as the Owners ratify a
subsequent Budget proposed by the Board. At such time as the Association publishes a newsletter for
Members, the Budget shall be published in such newsletter and it shall be posted on the Association’s
website. Copies of the Budget shall be made available by the Association to any Members requesting a
copy of the same upon payment of the reasonable expense of copying the same.
9.6 Supplemental Common Assessments. If budgeted sums prove inadequate in any year,
including nonpayment by any Owner's Common Assessment, the Board may, from time to time, levy a
Supplemental Common Assessment. Such Supplemental Common Assessment shall be assessed against the
Owner of each lot, in the same manner as Common Assessments were originally assessed each year.
Written notice of any change in the amount of any annual Common Assessment shall subject to the notice
and ratification provisions of Section 9.5, having to do with the original Budget for each year.
9.7 Commencement of Common Assessments/Common Interest Communities. Common
Assessments shall commence and be due and payable as to each Lot within the Common Interest
Community no later than six (6) months following the date of the first Deed conveying a Lot within the
Common Interest Community is Recorded. The initial Common Assessments for the first calendar year that
Common Assessments are levied shall be prorated on the basis of the number of days in such calendar year
remaining from the date of commencement of such Common Assessments to the end of such calendar year.
9.8 Payment of Assessment. Except for the initial Assessment, Common Assessments shall be
due and payable in advance to the Association on or before the first day of the second month of each
calendar year, or in such other manner and on such other dates as the Board of Directors may designate in
its sole and absolute discretion. Notice of the amount of the Common Assessments allocated to each
Member’s Lot shall be given to that Member prior to January 1 of each year.
9.9 Payment of Assessment. Except for the initial Assessment, Common Assessments shall be
due and payable in advance to the Association on or before the first day of the second month of each
calendar year, or in such other manner and on such other dates as the Board of Directors may designate in
its sole and absolute discretion. Notice of the amount of the Common Assessments allocated to each
Member’s Lot shall be given to that Member prior to January 1 of each year.
9.10 Failure to Fix Assessment. Failure by the Board of Directors to levy an Assessment for any
year shall not be deemed a waiver or modification with respect to any of the provisions of this Declaration
or a release of the liability of any Member to pay Assessments, or any installment thereof, for that or any
subsequent year. No abatement of the Common Assessment or any other Assessment shall be claimed or
allowed for inconvenience or discomfort arising from the making of repairs or Improvements to Association
Property or from any action taken to comply with any law or any determination of the Board of Directors
or for any other reason.
9.11 Special Assessments. In addition to Common Assessments, the Board of Directors may,
subject to the provisions of this Section, levy Special Assessments for the purpose of raising funds not
otherwise provided under the budget from Common Assessments to construct or reconstruct, repair, or
replace capital Improvements upon Association Property, including necessary personal property related
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thereto; to add to the Association Property; to provide for necessary facilities and equipment to offer the
services authorized in this Declaration; or to repay any loan made to the Association to enable it to perform
the duties and functions authorized in this Declaration. The Board of Directors shall not levy Special
Assessments without the vote of Members holding at least a majority of the votes in the Association. The
Association shall notify Members in writing of the amount of any Special Assessment and of the manner
in which, and the date on which, any such Special Assessment shall be payable and the Members shall pay
any such Special Assessment in the manner so specified. Each Owner’s Special Assessment liability shall
be calculated in accordance with the formula set forth in Section 2.3.
9.12 Reimbursement Assessments. The Board of Directors may, subject to the provisions hereof,
levy a Reimbursement Assessment against any Member if the willful or negligent failure of the Member,
or a Person claiming through the Member, to comply with this Declaration, the Articles of Incorporation,
the Bylaws, or the Rules and Regulations, shall have resulted in the expenditure of funds by the Association
to cause such compliance, including, but not limited to, court costs and attorneys' fees. A Reimbursement
Assessment.may also be levied against a Member or group of Members with the consent of said Member
or Members for goods or services provided to such Members by the Association. Such Reimbursement
Assessment shall be levied only after Notice and Hearing or with the consent of the affected Member. The
amount of the Reimbursement Assessment shall be due and payable to the Association thirty (30) days after
notice to the Member of the decision of the Board of Directors that the Reimbursement Assessment is
owing. A Reimbursement Assessment may also be levied against a Member for the purpose of collecting
fines or damages imposed against such Member as a result of such Member’s violation of any provision of
the Conservation Easement.
9.13 Roaring Fork Conservancy Educational Site Contribution. Upon the initial sale and each
subsequent resale of any Lot within the Common Interest Community, or of an interest therein, to another
Person (excluding gifts, transfers for estate planning purposes, and transfers by court order or by will or
intestacy), the buyer of the Lot shall be obligated to pay to the Association a Roaring Fork Conservancy
Educational Site Contribution ("RFC Contribution") in the amount of ONE HALF of one percent ) (0.005)
of the gross sales price. This requirement shall apply to Lot sales made by Declarant; provided, however,
that any transfer of one or more unimproved Lots from Declarant to an affiliate of the Declarant where
Declarant’s affiliate intends to construct improvements on such Lots, shall be exempt from the requirements
of this paragraph. In addition, RFC Contributions shall not be required in connection with the sale of any
Lot that is subject to the Affordable Housing Deed Restriction , or the sale of any Lot to a governmental
entity.
RFC Contributions received by the Association shall be remitted to the Conservancy no less
frequently than once each calendar quarter and shall thereafter be administered and used by the Conservancy
only in accordance with the terms and conditions of that certain agreement between the Conservancy and
the Declarant dated _____________ and recorded in the Garfield County records on _______________ as
Reception No. ________, as it may be amended by the Association and the Conservancy from time to time.
All agreements between the Association and the Conservancy shall provide that in no event shall RFC
Contributions be used by the Conservancy, directly or indirectly, to influence the selection, nomination,
election, or appointment of any individual to any federal, state, or local public office, nor shall any RFC
Contribution be used by the Conservancy to influence the decision of any public official on any matter then
pending before such public official.
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If a RFC Contribution is not paid to the Association at the time of sale or transfer of a Lot as
provided herein, the unpaid RFC Contribution shall bear interest at the rate of eighteen percent (18%) per
annum from the date of sale or transfer until paid in full, shall constitute the personal obligation of the
purchaser of the Lot and each subsequent Owner thereof, and shall be a lien and security interest on the title
to the purchaser's Lot or Unit or on the Owner's Lot which may be foreclosed by the Association in the same
manner as a mortgage on real property. The delinquent purchaser/Lot Owner shall also be responsible for
costs and attorneys' fees incurred by the Association in collecting said unpaid RFC Contribution, whether
by efforts short of collection action of foreclosure, a collection action in the courts and/or a foreclosure
action.
9.14 Declarant’s Obligation to Pay Assessments. Declarant shall be obligated to pay the
Assessments (including installments thereof) on each Lot owned by it.
9.15 Late Charges and Interest. If any Assessment authorized by this Declaration, or any
installment thereof, is not paid when due, the Member obligated to pay the Assessment may be required to
pay a reasonable late charge to be determined by the Board. Any Assessment or installment of an
Assessment which is not paid when due shall bear interest from the date said Assessment was due at an
interest rate to be determined by the Board in its sole discretion, which interest rate shall not exceed the
highest rate then established by statute in Colorado for interest on damages for personal injury or on
judgments in other actions, whichever is higher, but in no event less than fifteen percent (15%) per annum
simple interest.
9.16 Attribution of Payments. If any installment of a Common Assessment payment made by an
Owner is less than the amount assessed and the payment does not specify how the assessment should be
applied, the receipt by the Association from that Owner shall be credited in the following order of priority:
(a) to the Administrative Functions Reserve Fund until that portion of the Common Assessment has been
satisfied; and (b) to the Administrative Functions Operating Fund. In each of the foregoing cases, receipts
shall be credited first to interest, attorneys' fees and other costs of collection, and next to principal reduction,
satisfying the oldest obligations first, followed by more current obligations, in accordance with the
foregoing order of priority.
9.17 Notice of Default. Except as otherwise provided herein, if any Assessment authorized by
this Declaration, or any installment thereof is not paid within ten (10) days after its due date, the Board of
Directors may, but shall not be obligated to, mail a notice of default ("Notice of Default") to the Owner and
to each first Mortgagee of the Lot who has requested a copy of the notice. The notice shall specify (a) the
fact that the installment is delinquent; (b) the action required to cure the default; (c) a date, not less than
thirty (30) days from the date the notice is mailed to the Member, by which such default must be cured; and
(d) that failure to cure the default on or before the date specified in the notice may result in (i) acceleration
of the balance of the Assessment or the installments of the Assessment for the then-current calendar year,
if applicable, and (ii) the filing and foreclosure of the lien for the Assessment against the Lot of the Member.
The notice shall further inform the Member of any right to cure the default and of any right to bring a court
action to assert the nonexistence of a default or any other defense of the Member. If the delinquent
Assessment and any late charges or interest thereon are not paid in full on or before the date specified in the
notice, the Board, at its option, may declare all of the unpaid balance of the Assessment to be immediately
due and payable without further demand, if applicable, and may enforce the collection of the Assessment
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and all charges and interest thereon in any manner authorized by law and in this Declaration, subject to any
protection afforded to Mortgagees under this Declaration, the Act or other law.
9.18 Remedies to Enforce Assessments. Each Assessment levied hereunder shall be a separate,
distinct, and personal debt and obligation of the Owner or Member against whom the same is assessed. In
the event of a default in payment of any Assessment authorized by this Declaration or installment thereof,
the Board may, in addition to any other remedies provided under this Declaration or by law, enforce such
obligation on behalf of the Association, by suit or by filing and foreclosure of a lien as hereinafter provided.
9.19 Lawsuit to Enforce Assessments. The Board may bring an action in any court having
jurisdiction over the Common Interest Community or the Owner of the relevant Lot to enforce any
Assessment obligation. Any judgment rendered in such action shall include any late charges, interest, and
other costs of enforcement, including reasonable attorneys' fees against the defaulting Owner or Member.
9.20 Successor’s Liability for Assessments. Notwithstanding the personal obligation of each
Owner of a Lot to pay all Assessments on the Lot, and not withstanding the Association’s perpetual lien
upon a Lot for such Assessments, all successors in interest to the fee simple title of a Lot, except for any
First Mortgagee who acquires title in accordance with Section 11.8 hereof, shall be jointly and severally
liable with the prior Owner of the Lot for any and all unpaid Assessments, interest, late charges, costs,
expenses, and attorneys fees against such Lot, without prejudice to any such successor’s right to recover
from any prior Owner any amounts paid thereon by such successor. However, such successor in interest
shall be entitled to rely upon the existence and status of unpaid Assessments, interest, late charges, costs,
expenses, and attorneys fees as shown upon any certificate issued by or on behalf of the Association to such
named successor in interest pursuant to the provisions of Section 9.21 below.
9.21 Lien to Enforce Assessments. Pursuant to and in accordance with the Act, the Association
shall have a statutory lien on a Lot for any Assessment levied against that Lot, or fines imposed against its
Owner, from the time the Assessment or fine becomes due. All fees, charges, late charges, attorneys' fees,
fines and interest outstanding from such Owner shall be included in such lien. The amount of the lien shall
include all such items from the time such items become due. If an Assessment is payable in installments,
the Association has an Assessment lien for each installment from the time it becomes due, including the due
date set by the Board of Directors’ acceleration of installment obligations. The lien created hereby and
under the Act shall be prior to any declaration of homestead rights recorded after the time that the Lot
becomes a part of the Common Interest Community (and this Declaration is first recorded) and shall have
the priority attached to such lien under the Act and other Colorado law. The Recording of this Declaration
constitutes record notice and perfection of the statutory lien. No further recordation of any claim or notice
of lien for Assessments is required; however, a claim may be recorded at the Association’s option, in which
event costs and attorneys’ fees incurred in connection with the preparation and filing of such claim shall be
assessed against the Lot as a Reimbursement Assessment. The lien shall continue until the amounts secured
thereby and all subsequently accruing amounts are fully paid or otherwise satisfied. Unless paid or
otherwise satisfied, the lien may be foreclosed in the manner for foreclosure of mortgages in the State of
Colorado or in any other manner provided under Colorado law. An Assessment lien is extinguished with
respect to any particular Assessment or other claim of the Association unless proceedings to enforce the lien
which secures that Assessment or other claim of the Association are instituted within six (6) years after the
date that Assessment or claim first becomes due.
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9.22 Estoppel Certificates. Upon the written request of any Member and any Person intending
to acquire any right, title, or interest in the Lot of such Member, the Association shall furnish a written
statement setting forth the amount of any Assessments or other amounts, if any, due and accrued and then
unpaid with respect to a Lot and the Owner thereof, and setting forth the amount of any Assessment levied
or other claim due against such Lot., or the Owner thereof, which is not yet due and payable. Such
statement shall, with respect to the Person to whom it is issued, be conclusive against the Association, that
no greater or other amounts were then due or accrued and unpaid and that no other Assessments have been
levied, but are not yet due and payable as of the date of the certificate. The Association shall be under no
obligation to revise the certificate unless the information provided therein was incorrect as of the date of
the certificate. The Association shall have the right from time to time to establish a reasonable
administrative charge for the issuance of such statements. Unless a written certificate as set forth above is
delivered within a fifteen (15) business days of the date the request was first received by the Association,
the Association shall have no right to assert a priority lien upon the Lot over the inquiring party’s interest
for unpaid Assessments which were due as of the date of the written request.
9.23 Assessments for Tort Liability. In the event the Association is found to be responsible for
any tort liability not covered completely by insurance, each Owner shall be required to pay its pro rata share
of the cost of such liability as a Special Assessment. The Association may, however, require a larger
contribution from fewer than all Owners under any legal or equitable principles regarding liability for
negligent or willful acts or omissions.
9.24 No Offsets. All Assessments shall be payable in the amounts specified in the levy thereof,
and no offsets or reduction thereof shall be permitted for any reason including, without limitation, any claim
that the Association or the Board of Directors has not properly exercised their duties and powers under this
Declaration.
9.25 Liens. Except for Assessment liens as provided in this Declaration, mechanics liens, tax
liens, and judgment liens and other liens validly arising by operation of law and liens arising under
Mortgages, there shall be no other liens obtainable against the Common Areas or against the interest of any
Lot in the Common Areas.
ARTICLE 10 SPECIAL PROVISIONS REGARDING AIR QUALITY
10.1 Air Quality Restrictions. In order to protect against the degradation which occurs to air
quality as a result of the utilization of wood-burning devices, the following restrictions are imposed:
10.1.1 No open hearth solid fuel fireplaces will be allowed anywhere within any new
dwelling units located within the Common Interest Community.
10.1.2 All dwelling units within the Common Interest Community will be allowed an
unrestricted number of natural gas burning fireplaces or appliances.
10.1.3 All dwelling units within the Common Interest Community will be allowed one (1)
new wood-burning stove as defined by C.R.S. § 25-7-401, et. seq. and all regulations promulgated
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thereunder by the State of Colorado and those of the County which similarly seek to reduce air
pollution caused by the burning of wood and wood products.
10.2 Duration and Enforceability. The restrictions set forth in this Article 10 shall constitute
covenants running with the Common Interest Community and shall be binding upon Declarant and the
Owners and all other persons and parties claiming through the Declarant or Owners and shall be for the
benefit of and limitations upon all future Owners of the Property. Notwithstanding any other provision of
this Declaration, the air quality restrictions set forth in this Article 10 may be recited in individual deeds to
Lots and shall be enforceable in perpetuity and shall not be amended or terminated by action of the Owners
or Declarant nor by any provision for termination of this Declaration. These air quality restrictions shall
be enforceable in any and all manners provided in this Declaration by any Owner, the Declarant, or by any
County, State or Federal agency charged with preservation of air quality within the Common Interest
Community. Any such enforcement action shall entitle the enforcing party to recovery of damages equal
to the cost of restoration of the Property, plus interest at the rate of 12% per annum from the date costs were
actually paid by the claiming party, but damages awarded to the enforcing party shall be no less than One
Thousand Dollars ($1,000) and such enforcing party shall be entitled to an award of its reasonable attorneys
fees and costs of enforcement, including but not limited to, court costs, expert witness fees, and cost of
depositions and exhibits.
ARTICLE 11 SPECIAL PROVISIONS CONCERNING DUPLEX LOTS
11.1 Party Wall.
11.1.1 The Owner of each Duplex Lot shall have all necessary easements for the perpetual
lateral and subjacent support, maintenance, repair, and inspection of the Party Wall which their
residence shares with the adjacent Duplex Lot, with equal rights of joint use.
11.1.2 No Owner of a Duplex Lot shall have the right to destroy, remove, or make any
structural changes in a Party Wall which would jeopardize the structural integrity of said Party Wall
or either of the Lots without the prior written consent of the other, and any first mortgagee with
respect to such adjacent lot; nor shall either lot Owner subject any Party Wall to the insertion or
placement of timbers, beams, or other materials in such a way as to affect adversely the structural
integrity of that Party Wall. Neither Owner shall subject a Party Wall to any use which in any
manner whatsoever may interfere with the equal use and enjoyment of said Party Wall by the other
Owner.
11.1.3 The cost of repair and maintenance of the interior finished surface of a Party Wall
located on either Duplex Lot shall the sole expense of the Owner of the property located on that side
of the Party Wall.
11.1.4 If it becomes necessary or desirable to repair or rebuild the whole or any part of a
Party Wall, the repairing or rebuilding expense shall be borne equally by the two Owners, except
as is provided for in Section __, below. Any repairing or rebuilding of a Party Wall shall be on the
same location, and of the same size, as the original Party Wall or portion thereof and of the same or
similar material of the same quality as that used in the original Party Wall or portion thereof. It either
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Owner fails or refuses to pay their share of the cost of repair or rebuilding within thirty (30) days
after demand by the other, then the other Owner may cause the Party Wall to be repaired or rebuilt
and shall be entitled to assess and collect one half of the costs attributable thereto against and from
the non-paying Owner and the same shall become and remain a lien against the non-paying Owner’s
Lot, upon which interest shall accrue at the rate of eighteen percent (18%) per annum, until fully
paid, which shall begin to accrue thirty days after demand. Said lien shall be established, enforced
and released in the manner set forth in Section 9.21, above.
11.1.5 The cost of the reasonable maintenance of the Party Wall shall be borne equally by
the two Owners, except as is provided for in Section 11.1.7, below. If either Owner fails or refuses
to pay their share of the cost of such maintenance within thirty (30) days after demand by the other,
then the other Owner may undertake such reasonable maintenance and shall be entitled to assess and
collect one half of the costs attributable thereto against and from the non-paying Owner and until
paid the same shall become and remain a lien against the non-paying Owner’s property, upon which
interest shall accrue at the rate of eighteen percent (18%) per annum, until fully paid, which shall
begin to accrue thirty days after demand. Said lien shall be established, enforced and released in the
manner set forth in Section 9.21, above.
11.1.6 To the extent that damage to a Party Wall is covered by insurance, the full insurance
proceeds shall be used and applied to the extent necessary to repair, restore, or replace the Party
Wall. Any insurance proceeds not necessary for such repair, restoration or replacement shall belong
solely to the Owner who is the owner of the insurance policy under which such payment was made.
11.1.7 In the event that any Party Wall is destroyed or damaged due to the negligence or
intentional act or omission of either Owner (or either Owner’s agents, contractors, employees,
tenants, family members, licensees, guests, or invitees), for which such person is legally liable under
general rules of law regarding liability for property damage due to negligence or intentional acts or
omissions, then the owner of the applicable Lot shall be solely responsible for the cost of the repair,
rebuilding or maintenance of the Party Wall. If said Owner fails or refuses to pay for such repair,
rebuilding or maintenance within thirty (30) days after demand by the other Owner, then the other
Owner may cause the affected Party Wall to be repaired or rebuilt or may undertake such
maintenance and shall be entitled to assess and collect the costs attributable thereto against and from
the non-paying Owner and shall further be entitled to a lien against the non-paying Owner’s Lot,
upon which interest shall accrue at the rate of eighteen percent (18%) per annum, until fully paid,
which shall begin to accrue thirty days after demand. Said lien shall be established, enforced and
released in the manner set forth in Section 9.21, above.
11.1.8 In the exercise of each Owner’s right and responsibility for the maintenance, repair
and rebuilding of a Party Wall, as provided for in this Article 11, and in the event any Party Wall,
or any portion thereof, as it now exists or following its repair or rebuilding, encroaches upon either
Lot, each Owner shall have a perpetual and reciprocal easement in and to that part of the Lot of the
other Owner necessary to accommodate such encroachment and to effectuate such repair, rebuilding
or maintenance, including, without limitation, the right, with reasonable advance notice and at
reasonable times, to enter into the improvements constructed upon the other Owner’s Lot to perform
work reasonably necessary in the exercise of such right and responsibility.
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11.1.9 No extension or modification of any Party Wall may be made by either Owner, unless
prior written consent shall have first been obtained from the other Owner for said extension or
modification, which written consent shall not be unreasonably withheld.
11.1.10 After reasonable notice to the other Owner and after making diligent efforts
to correct the problem without involving a Party Wall, each Owner shall have the right to break
through that Party Wall as is necessary for the repair or restoration of sewer, water, or other utilities
located within the Party Wall, subject, however, to the obligation to restore the Party Wall to its
previous cosmetic and structural condition, at such Owner’s sole expense, unless said repair or
restoration was the result of a condition which affected both Lots, in which case the cost of said
repair or restoration shall be split equally.
11.1.11 To the extent not inconsistent with the terms and conditions of this
Declaration and this Article 11, the general rules of law of the State of Colorado concerning party
walls shall be applicable to Duplex Lots and the improvements constructed thereon.
11.2 Easements Applicable to Duplex Lots. The Owner of each Duplex Lot shall have a
perpetual blanket easement upon, across, over and under the Duplex Lot with which it shares a Party Wall
for installing, replacing, repairing, and maintaining of all utilities, including, but not limited to, water and
sewer, including the water lines servicing the improvements located on its Duplex Lot, gas, including the
meters, telephone, electricity, including the panels, and cable television facilities, if any, as presently exist
or as are reasonably necessary in the future to provide utility service to each of the Lot. The easements
granted herein shall not be exercised by either Owner in a way which unreasonably interferes with the
occupancy, use, enjoyment or access to the Lot owned by the other Owner. Any Owner utilizing such
easement has the obligation to promptly restore the other Lot to its previous condition, at such Party’s sole
expense, except as otherwise provided herein. If such installation, replacement, repair or maintenance was
due to an Owner’s negligent or intentional act or omission, such Owner shall bear the cost thereof. The two
affected Owners further grant each other a perpetual blanket easement upon, across, over and under their
Lot as is reasonably necessary to effectuate any and all terms and provisions hereof.
11.3 Maintenance and Repair of Utilities and the Roofs.
11.3.1 Except as otherwise provided elsewhere in Section 11.3.4 below, the cost of
reasonable and necessary maintenance, repair or rebuilding of the roofs on any Duplex Lot shall be
paid by the Owner of the Lot on which said maintenance, repair or rebuilding has occurred or is
necessary.
11.3.2 If either Owner fails or refuses to pay his or her share of the cost of such
maintenance, repair or rebuilding within thirty (30) days after demand by the other, then the other
Owner may undertake such maintenance, repair or rebuilding and shall be entitled to assess and
collect the costs attributable thereto against and from the non-paying Owner and the same shall
become and remain a lien against the non-paying Owner’s Lot, upon which interest shall accrue at
the rate of eighteen percent (18 %) per annum, until fully paid, which shall begin to accrue thirty
days after demand. Said lien shall be established, enforced and released in the manner set forth in
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Section 9.21, above.
11.3.3 To the extent that damage to a roof is covered by insurance, the full insurance
proceeds shall be used and applied to the extent necessary to repair, restore, or replace the affected
roof. Any insurance proceeds not necessary for such repair, restoration or replacement shall belong
solely to the Owner who is the owner of the insurance policy under which such payment was made.
11.3.4 In the event that any shared roof is destroyed or damaged due to the negligence or
intentional act or omission of either Owner, for which they are legally liable under general rules of
law regarding liability for property damage due to negligence or intentional acts or omissions, then
said Owner shall be solely responsible for the cost of the repair, rebuilding or maintenance of such
portions of the affected roof. If said Owner fails or refuses to pay for such repair, rebuilding or
maintenance within thirty (30) days after demand by the other Owner, then the other Owner may
cause the affected roof to be repaired or rebuilt or may undertake such maintenance and shall be
entitled to assess and collect the costs attributable thereto against and from the non-paying Owner
and shall further be entitled to a lien against the non-paying Owner’s Lot, upon which interest shall
accrue at the rate of eighteen percent (18%) per annum, until fully paid, which shall begin to accrue
thirty days after demand. Said lien shall be established, enforced and released in the manner set forth
in Section 9.21, above.
11.3.5 In the exercise of each Owner’s right and responsibility for the maintenance, repair
and rebuilding of a roof as provided for herein, each Owner shall have a perpetual and reciprocal
easement in and to that part of the Lot of the other Owner necessary to effectuate such repair,
rebuilding or maintenance, including, without limitation, the right, with reasonable advance notice
and at reasonable times, to enter into the improvements constructed upon the other Owner’s Lot to
perform work necessary in the exercise of such right and responsibility.
11.3.6 Neither Owner, without the written consent of the other Owner, shall cause any
structure or improvement to be constructed over any portion of its Lot under which a water or
electrical line runs, such that it would prevent easy access to the water or sewer line for the purpose
of maintenance, repair or rebuilding. Should an Owner do so without first obtaining the other
Owner’s written consent, the violating Owner shall be solely responsible for the cost of removing
the structure or improvement to the extent necessary to access the water or sewer line for the purpose
of such maintenance, repair or rebuilding.
11.4 Insurance.
11.4.1 Each Owner shall maintain a separate all risk insurance policy covering its Duplex
Lot and all improvements thereon in an amount not less than the full replacement value, without
deduction for depreciation. The Owners shall further maintain a separate comprehensive public
liability and property damage insurance policy covering his/her/their Lot in an amount not less than
Five Hundred Thousand Dollars ($500,000.00) per injury, per person, per occurrence, covering all
claims for bodily injury and/or property damage.
11.4.2 Each Owner may, from time to time, require the other to furnish proof that the other
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Owner is maintaining the insurance coverages required by Section 11.4.1, above. In the event that
an Owner fails to provide such proof within thirty (30) days after demand, then the other Owner may
obtain such insurance coverages on behalf of the non-insured Owner and shall be entitled to assess
and collect the costs attributable thereto against and from the non-insured Owner and shall further
be entitled to a lien against the non-insured Owner’s Lot, upon which interest shall accrue at the rate
of eighteen percent (18%) per annum, until fully paid, which shall begin to accrue thirty days after
demand. Said lien shall be established, enforced and released in the manner set forth in Section
9.21, above.
11.5 Assistance of the Association. In every case in which one Owner of a Duplex Lot is entitled
to assert a lien against the Owner of the adjacent Duplex Lot, the Association shall cooperate with the
Owner asserting the lien and shall assist in taking all actions reasonably necessary to collect the sums due
from the defaulting Owner. The Association shall be entitled to independently confirm the facts which gave
rise to the claim and the right of the asserting Owner to enforce a lien against the adjoining Duplex Lot. In
the event such action is required by any authority, the lien of the non-defaulting Owner against the adjoining
Lot may be treated as a lien of the Association for the sole benefit of the non-defaulting Owner of a Duplex
Lot.
ARTICLE 12 MISCELLANEOUS
12.1 Term and Termination of Declaration. Unless amended as herein provided, and except for
those provisions set forth in Article 10 hereof, each provision contained in this Declaration shall continue
and remain in full force and effect in perpetuity. Members holding no less than seventy-five percent (75%)
of the votes in the Association may elect to terminate this Declaration and terminate the Common Interest
Community in compliance with Section 38-33.3-218 of the Act.
12.2 Declarant’s Rights Regarding Transfer. Any right or interest reserved or contained in this
Declaration for the benefit of Declarant may be transferred or assigned by Declarant, either separately or
with one or more other such rights or interest, to any person, corporation, partnership, association, or other
entity by written instrument executed by Declarant and the transferee or assignee and recorded in the Office
of the Clerk and Recorder of Garfield County, Colorado.
12.3 Amendment of Declaration by Declarant. Until the first Lot subject to this Declaration has
been conveyed by Declarant by a Recorded deed, any of the provisions, covenants, conditions, restrictions,
and equitable servitudes contained in this Declaration may be amended or terminated by Declarant by the
Recording a written instrument, executed by Declarant, setting forth such amendment or termination;
provided, however, that no provision of the Conservation Easement may be amended or terminated except
in compliance with the Conservation Easement and no provision of this Declaration which deals with the
requirements of the Conservation Easement may be amended or terminated without the prior written
approval of the Conservancy. After the conveyance of the first Lot, the Declarant may not amend the
provisions, covenants, conditions, restrictions and equitable servitudes contained in this Declaration without
the consent of the Members as provided in Section 11.4 unless such amendment is made in accordance with
the Act.
12.4 Amendment of Declaration by Members. Except as otherwise provided in this Declaration,
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including, in particular, Section 6 and other provisions of this Declaration which require the consent of
Declarant or others, any provision, covenant, condition, restriction, or equitable servitude contained in this
Declaration may be amended or repealed at any time and from time to time upon approval of the amendment
or repeal by Members of the Association holding at least sixty-seven percent (67%) of the votes in the
Association; provided, however, that no provision hereof directly related to the Conservation Easement shall
be amended without the prior written approval of the Conservancy. The approval of any amendment or
repeal of any provision of this Declaration shall be evidenced by a certificate of the President or other
officer of the Association that the requirements of this Section 11.4 and of the Act have been met. The
amendment or repeal shall be effective upon the Recording of the amendment and the certificate, executed
by the President or other officer of the Association and the Secretary or an Assistant Secretary of the
Association.
12.5 Amendment of Articles and Bylaws. The Articles of Incorporation and Bylaws may be
amended in accordance with the provisions set forth in such instruments or, in the absence of such
provisions, in accordance with applicable provisions of the Colorado Nonprofit Corporation Act.
12.6 Alternative Dispute Resolution. Except as may otherwise be provided herein and after
exercising all rights and remedies provided hereunder or under the Bylaws, any claim, controversy, or
dispute over any Assessment authorized by this Declaration, or any decision of the Design Review
Committee, or any other matters as the Association and the affected party may agree, shall be resolved by
binding arbitration in accordance with the Uniform Arbitration Act, C.R.S. § 13-22-201, et seq.. The parties
to such dispute shall agree upon a single arbitrator who shall be experienced in matters related to the Act
and to Planned Communities, as defined in the Act. In the event the parties are unable to agree upon an
arbitrator within sixty (60) days after written notice, the presiding Judge of the District Court of the County
shall appoint an arbitrator qualified as set forth herein upon application by a party. Judgment upon the
determination of the arbitrator shall be entered by the District Court for the County. Any and all discovery
conducted in conjunction with such arbitration shall be in accordance with the limited discovery provisions
of the Colorado Rules of Civil Procedure.
12.7 Special Rights of First Mortgagees. Any First Mortgagee (meaning a Mortgage with first
priority over other Mortgages) of a Mortgage encumbering any Lot in the Common Interest Community,
upon filing a written request therefor with the Association, shall be entitled to (a) written notice from the
Association of any default by the Owner of such Lot in the performance of the Owner's obligations under
this Declaration, the Articles of Incorporation, the Bylaws, or the Rules and Regulations, which default is
not cured within sixty (60) days after the Association learns of such default; (b) examine the books and
records of the Association during normal business hours; (c) receive a copy of financial statements of the
Association including any annual financial statement within ninety (90) days following the end of any fiscal
year of the Association; (d) receive written notice of all meetings of Members; (e) designate a representative
to attend any meeting of Members; (f) receive written notice that the Association has been notified that
Association Property has been damaged with an estimated cost to repair in excess of Ten Thousand Dollars
($10,000) and (g) receive written notice that the Association has been notified that condemnation or eminent
domain proceedings or other proposed acquisition proceedings have been initiated with respect to a material
portion of the Association Property.
12.8 Priority of First Mortgage Over Assessments. Except as may otherwise be provided by the
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Act, each First Mortgagee of a Mortgage encumbering a Lot who obtains title to such Lot pursuant to the
remedies provided in the Mortgage, by judicial foreclosure, or by deed or assignment in lieu of foreclosure
shall take title to the Lot subject to any claims for unpaid Assessments or charges against such Lot which
accrued prior to the time such holder acquires title to such Lot as provided in Section 38-33.3-219 of the
Act. Nothing herein relieves such First Mortgagee from responsibility for subsequent Assessments or
charges against such Lot after such time the holder acquires title to such Lot.
12.9 First Mortgage Right to Pay Taxes and Insurance Premiums. Any such First Mortgagee or
any such First Mortgagees, jointly or singly, shall be entitled to pay any taxes or other charges which are
in default and which may or have become a charge against any of the Association Property and may, upon
material default by the Association, pay any overdue premiums on hazard insurance policies for any
Association Property, and the First Mortgagees making such payments shall be entitled to immediate
reimbursement therefor from the Association.
12.10 Association Right to Mortgage Information. Each Owner hereby authorizes any First
Mortgagee holding a Mortgage on such Owner's Lot to furnish information to the Association concerning
the status of such First Mortgage and the loan which it secures.
12.11 Notices. 1Except as otherwise stated in this Declaration or in the Bylaws, notice shall be
made by transmitting information by U.S. mail or electronically (by facsimile, e-mail or posting to a website
with actual notice to the Owner) to the Owner’s mailing address, e-mail address, or facsimile number, as
appropriate and as it appears in the records of the Association. In addition, the Association shall post all
such notices in a conspicuous place known to be used for that purpose within the Common Interest
Community, if possible. All notices to the Association or the Board shall be delivered to the Association’s
Registered Agent, on record with Colorado’s Secretary of State.
12.12 Persons Entitled to Enforce Declaration. The Association, acting by authority of the Board,
and any Member of the Association entitled to vote (as more fully provided herein) shall have the right to
enforce any or all of the provisions, covenants, conditions, restrictions, and equitable servitudes contained
in this Declaration against any property within the Common Interest Community and the Owner thereof.
Notwithstanding the foregoing, prior to the enforcement of the terms and provisions of this Declaration by
any Member, such Member shall provide the Association with 30 days prior written notice of such member's
intention to do so. Such notice will state such Member's claim for enforcement under the Declaration. In
the event the Association fails to initiate action on such Member's claim for enforcement within 30 days of
the Association's receipt of such notice, such Member shall be entitled to proceed with the enforcement
within 30 days of the Association's receipt of such notice, such Member shall be entitled to proceed with
the enforcement of such claim individually. The rights of enforcement provided herein shall include the
right to levy fines and/or penalties as the Board may reasonably determine and/or bring an action for
damages as well as an action to enjoin any violation of any provision of this Declaration.
12.13 Violations Constitute a Nuisance. Any violation of any provision, covenant, condition,
restriction, and equitable servitude contained in this Declaration, whether by act or omission, is hereby
declared to be a nuisance and may be enjoined or abated, whether or not the relief sought is for negative or
affirmative action, by any Person entitled to enforce the provisions of this Declaration.
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12.14 Enforcement of Self-Help. Declarant or the Association, or any authorized agent of either
of them, may enforce, by self-help, any of the provisions, covenants, conditions, restrictions and equitable
servitudes contained in this Declaration, provided such self-help is preceded by Notice and Hearing as set
forth in the Bylaws.
12.15 Violations of Law. Any violation of any federal, state, municipal, or local law, ordinance,
rule or regulation, pertaining to the ownership, occupation, or use of any property within the Common
Interest Community is hereby declared to be a violation of this Declaration and shall be subject to any and
all enforcement procedures set forth in this Declaration.
12.16 Remedies Cumulative. Each remedy provided under this Declaration is cumulative and not
exclusive.
12.17 Costs and Attorneys' Fees. In any action or proceeding under this Declaration, the prevailing
party shall be entitled to recover its costs and expenses in connection therewith including reasonable
attorneys' fees.
12.18 Indemnification. .Obligation to Indemnify. The Association shall indemnify, hold harmless,
and defend any Trustee, Officer, or executive member who:
(a) is wholly successful on the merits or otherwise, in the defense of any proceeding to
which the person was a party because the person is or was a Trustee, Officer, or committee
member of the Board; or
(b) acted in good faith and in a manner which the person reasonably believed to be in the
best interests of the Association, and, with respect to any criminal action or proceeding, had
no reasonable cause to believe the conduct was unlawful.
No indemnification shall be made where the person has been adjudged to be liable for gross
negligence or misconduct in the performance of his or her duties to the Association, unless a court
determines that, despite the adjudication of liability, but in view of all circumstances of the case, the
person is fairly and reasonably entitled to indemnification for the expenses if the court deems proper.
The Association’s obligation for indemnification shall include: (a) actual and reasonable
expenses (including expert witness fees, attorneys’ fees and costs); (ii) judgments and fines; and (iii)
reasonable amounts paid in settlement.
12.19 Determination Required. Indemnification may be made only after a determination by the
Board of Directors that indemnification is required or permitted pursuant to Section 11.18.1 above.
12.19.1 The Board of Directors shall determine, in writing, whether the person
requesting indemnification has met the applicable standard of conduct set forth above. The
determination shall be made by: (i) majority vote of a quorum consisting of those Directors
who were not parties to the action, suit or proceeding, or (ii), if a quorum cannot be obtained,
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by a majority vote of a committee of the Board of Directors designated by the Board, which
committee shall consist of two or more Directors not parties to the proceeding; except that
Directors who are parties to the proceeding may participate in the designation of Directors
for the committee.
12.19.2 If neither a quorum nor a committee can be established, or by
direction of a majority of the Trustees constituting a quorum or committee, the determination
shall be made by: (i) independent legal counsel in a written opinion; or (ii) by the voting
members, but voting members who are also Trustees and who are at the time seeking
indemnification may not vote on the determination.
12.19.3 Termination of any action, suit or proceeding by judgment, order,
settlement or conviction, or upon a plea of nolo contendere or its equivalent, shall not of
itself create a presumption that the person did not act in good faith and in a manner
reasonably believed to be in the best interests of the Association and, with respect to any
criminal action or proceeding, had reasonable cause to believe the conduct was unlawful.
Notice If the Association indemnifies or advances expenses to a Trustee under this Section 11.18 in
connection with a proceeding by or in the right of the Association, the Association shall give written notice
of the indemnification or advance to the Members with or before the notice of the next Members' meeting.
If the next Member action is taken without a meeting at the instigation of the Board of Directors, such notice
shall be given to the Members at or before the time the first Member signs a writing consenting to such
action.
No Limitation of Rights The indemnification provided in this Section shall not be deemed exclusive of nor
a limitation upon any other rights to which those indemnified may be entitled under any bylaw, agreement,
vote of the Members or disinterested members of the Board of Directors, or otherwise, nor by any rights
which are granted pursuant to the Act and the Colorado Revised Nonprofit Corporation Act, as those statutes
may be amended from time to time.
12.20 Trustees and Officers Insurance . The Association may purchase and maintain insurance
on behalf of any Trustee, Officer, committee member of the Board, or anyone acting at the direction of the
Board, covering defense and liability expenses arising out of any action, suit or proceeding asserted against
the person by virtue of the person’s actions on behalf of the Association or at the direction of the Board,
whether or not the Association would have the power or obligation to indemnify the person against liability
under provisions of Section 11.18. Any such insurance may be procured from any insurance company
designated by the Board, whether such insurance company is formed under the laws of the State of Colorado
or any other jurisdiction, including any insurance company in which the Association has an equity or any
other interest through stock ownership or otherwise..
12.21 No Representations or Warranties. No representations or warranties of any kind, express or
implied, shall be deemed to have been given or made by Declarant or its agents or employees in connection
with any portion of the Common Interest Community, or any Improvement thereon, its or their physical
condition, zoning, compliance with applicable laws, fitness for intended use, or in connection with the
subdivision, sale, operation, maintenance, cost of maintenance, taxes or regulation thereof, unless and except
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as shall be specifically set forth in writing herein, in any purchase agreement executed by Declarant, or in
any closing document related thereto.
12.22 Liberal Interpretation. The provisions of this Declaration shall be liberally construed as a
whole to effectuate the purposes of this Declaration.
12.23 Governing Law. This Declaration shall be construed and governed under the laws of the
State of Colorado.
12.24 Conflict of Provisions.
a. In the event of any conflict or inconsistency between the provisions of this Declaration and
the Plat, the provisions of the Plat shall govern and control and the Declaration shall automatically
be amended, but only to the extent necessary to conform the conflicting provisions hereof with the
provisions of the Plat.
b. In the event of any conflict or inconsistency between this Declaration and the Articles and
Bylaws of the Association, this Declaration shall control. In the event of any conflict or
inconsistency between the Articles and the Bylaws of the Association, the Articles shall control.
12.25 Colorado Common Interest Ownership Act. In the event that any of the terms and conditions
of this Declaration are in conflict or inconsistent with the terms and conditions of the Colorado Common
Interest Ownership Act, the terms and conditions of this Declaration shall control if those terms and
conditions may be varied from the Act as provided in Section 38-33.3-104 of the Act. All terms and
provisions contained herein, to the extent possible, shall be construed in accordance with the terms and
provisions of the Act.
12.26 Nonwaiver. Failure by Declarant, the Association or any Owner or First Mortgagee to
enforce any covenant, condition, restriction, easement, reservation, right-of-way, or other provision
contained in this Declaration shall in no way or event be deemed to be a waiver of the right to do so
thereafter.
12.27 Severability. Each of the provisions of this Declaration shall be deemed independent and
severable, and the invalidity or unenforceability or partial validity or partial enforceability of the provisions
or portion thereof shall not affect the validity or enforceability of any other provision.
12.28 Number and Gender. Unless the context requires a contrary construction, the singular
shall include the plural and the plural the singular, and the masculine, feminine, or neuter genders
shall each include the masculine, feminine, and neuter genders.
12.29 Captions for Convenience. The titles, headings, and captions used in this Declaration
are intended solely for convenience of reference and shall not be considered in construing any of the
provisions of this Declaration.
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12.30 Exhibits. All the Exhibits attached to and described in this Declaration are
incorporated in this Declaration by this reference.
12.31 Mergers or Consolidations. Upon a merger or consolidation of the Association with
another association, its properties, rights, and obligations may, by operation of law, be transferred
to another surviving or consolidated association or, alternatively, the properties, rights, and
obligations of another association may, by operation of law, be added to the properties, rights and
obligations of the Association as a surviving corporation pursuant to a merger. The surviving
consolidated association may administer and enforce the covenants, conditions and restrictions
established by this Declaration governing the Property, together with the covenants and restrictions
established upon any other property, as one plan.
12.32 Disclaimer Regarding Safety. DECLARANT AND THE ASSOCIATION HEREBY
DISCLAIM ANY OBLIGATION REGARDING THE SECURITY OF ANY PERSONS OR
PROPERTY WITHIN THE COMMON INTEREST COMMUNITY. ANY OWNER OF
PROPERTY WITHIN THE COMMON INTEREST COMMUNITY ACKNOWLEDGES THAT
DECLARANT AND THE ASSOCIATION ARE ONLY OBLIGATED TO DO THOSE ACTS
SPECIFICALLY ENUMERATED HEREIN, OR IN THE ARTICLES OF INCORPORATION
AND BYLAWS, AND IS NOT OBLIGATED TO DO ANY OTHER ACTS WITH RESPECT TO
THE SAFETY OR PROTECTION OF PERSONS OR PROPERTY WITHIN THE COMMON
INTEREST COMMUNITY.
IN WITNESS WHEREOF, Declarant has executed this Declaration the day and year first
above written.
TCI LANE RANCH, LLC
By: WILLIAM N. LANE TRUST DATED JULY 30, 1969 FBO ANDREW N. LANE Member
By: ATLANTIC TRUST COMPANY N.A.
Co-Trustee
By: ________________________________
Name:Title:
By: ________________________________Andrew N. Lane
Co-Trustee
By: WILLIAM N. LANE TRUST DATED JULY 30, 1969 FBO NELSON P. LANE MEMBER
By: ATLANTIC TRUST COMPANY N.A.
Co-Trustee
By: ________________________________
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Name:
Title:
By: ________________________________
Nelson P.. Lane
Co-Trustee
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STATE OF ____________________ )
) ss.
COUNTY OF __________________ )
The foregoing instrument was acknowledged before me this ____ day of ______________,
200___, by _______________________ as _____________________ for TCI Lane Ranch, LLC,
a Colorado limited liability company.
WITNESS my hand and official seal.
My commission expires:
_____________________________________
Notary Public
Table of Exhibits
Exhibit A - Legal Description of TCI Lane Ranch Planned Unit Development
Exhibit B - Table of Allocated Interests
Exhibit C - Table of Maximum Floor Area
Exhibit D - Legal Description of Conservation AreaExhibit E - Permitted Exceptions
Exhibit A
Legal Description of
TCI Lane Ranch PUD
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67
EXHIBIT D
Conservation Area
Tract B depicted on the Final Plat of the TCI Lane Ranch,Garfield County,Colorado
recorded as Reception No. ______________, on __________________, 200_.
Exhibit D
Legal Description of
Conservation Area
Exhibit E
Permitted Exceptions
AA. Affordable Housing – Proposed Deed Restriction
-1-
DECLARATION OF MASTER DEED RESTRICTION
AND AGREEMENT CONCERNING THE SALE, OCCUPANCY AND RESALE OF
AFFORDABLE HOUSING UNITS AT
TCI LANE RANCH PLANNED UNIT DEVELOPMENT
GARFIELD COUNTY, COLORADO
THIS DECLARATION OF MASTER DEED RESTRICTION AND AGREEMENT
CONCERNING THE SALE, OCCUPANCY AND RESALE OF AFFORDABLE HOUSING
UNITS AT TCI LANE RANCH PLANNED UNIT DEVELOPMENT, GARFIELD COUNTY,
COLORADO (this AAgreement”) is made and entered into this _____ day of ____________, 20____,
by TCI Lane Ranch, LLC, a Colorado limit ed liabilit y co mpany (hereinafter referred to as
ADeclarant”), for the benefit of the parties and enforceable by the Garfield County Housing Authority
(AGCHA”).
RECITALS AND DEFINITIONS
WHEREAS, Declarant owns the real property described on Exhibit AA”attached hereto and
inco rporated herein by t his reference, and for purposes of this Agreement, such real property and all
dwellings, appurtenances, improvements and fixtures associated therewith shall hereinafter be referred
to as the AProperty”; and
WHEREAS, the Declarant as part of the process of developing the Property has agreed to
make and enter into this Agreement; and
WHEREAS, regulations governing the provision and maintenance of affo rdable housing have
been established by the County (which regulations shall be referred to herein as the “Affo rdable
Housing Regulations”); and
WHEREAS, Declarant plans to enter into an agreement with a general contractor experienced
in t he construction of residential dwelling units in Garfield County, Colorado (hereinafter the
AContractor”) fo r the purpose of constructing residential housing units on each of the lo ts identified as
a part of the Property, which lots together with all improvements thereon and appurtenances thereto,
shall hereinafter be referred to as AAffo rdable Units;”and
WHEREAS, after completion of construction of the homes, each Affo rdable Unit, together
wit h t he completed homes and other improvements thereon and appurtenances thereto, shall be
conveyed to AQualified Applicants,”as that term is the Affo rdable Housing Regulations; and
WHEREAS, the term AOwner”, as used herein shall mean the person(s) who acquire an
ownership interest in an Affo rdable Unit in co mpliance with t he terms and provisions of this
Agreement, it being understood that such person(s) shall be deemed an AOwner”hereunder only
during the period of his, her or their ownership interest in the Affo rdable Unit and shall be obligated
hereunder for the full and complete performance and observance of all covenants, conditions and
restrictions contained herein during such period. It is expressly understood that the term AOwner”as
used in this Agreement does not include either the Declarant or the Contractor.
-2-
NOW, THEREFORE, for value received, the receipt and sufficiency of which is hereby
acknowledged, Declarant hereby represents, covenants and agrees as follows:
Article 1.DECLARATION
Section 1.01 For the purposes set forth above and herein, Declarant, for itself and its
successors and assigns, hereby declares that the Property, and each Affo rdable Unit within t he
Property, shall be owned, held, transferred, conveyed, sold, leased, rented, hypothecated,
encumbered, used, occupied, improved, altered and enjoyed subject to the covenants, conditions,
restrictions, privileges, rights and other provisions herein set forth, for the duration hereof, and all of
which shall run with the land and be binding upon all Owners, occupants and other persons having or
acquiring any right, title or interest in or to the Property or any Affo rdable Unit thereof, and their
respective heirs, personal representatives, successors and assigns and shall be binding upon and inure
to the benefit of Garfield County and GCHA, and their respective successors and assigns. All persons
who purchase an Affo rdable Unit shall be a Qualified Applicant , as such term is defined in the
Affo rdable Housing Regulations.
Section 1.02 Declarant hereby agrees to restrict the acquisition or transfer of the Affo rdable
Unit s to Qualified Applicants, as that term is defined in this Agreement, who fall within the
qualifications and income range established and adopted by Garfield County or the GCHA from time
to time in their Affo rdable Housing Guidelines. In addition, Declarant agrees that this Agreement
shall constitute a resale agreement setting forth the maximum resale price for which the Affo rdable
Unit s may be sold (“Maximum Resale Price”), the amount of appreciation and the terms and
provisions controlling the resale of the Affo rdable Units. Declarant restricts the Property and
Affo rdable Units against use and occupancy inconsist ent with the terms of this Agreement.
Section 1.03 By t he acceptance of any deed conveying any Affo rdable Unit therein, the
grantee of such deed shall accept all of the terms, conditions, limitations, restrictions and uses
contained in this Agreement. In addition, prior to the delivery of a deed conveying any Affo rdable
Unit to a grantee, such grantee shall execute a Memorandum of Acceptance evidencing grantee’s
acknowledgment and agreement to the terms, conditions, limitations, restrictions and uses contained
in t his Agreement.
Section 1.04 Notwithstanding any provision of this Agreement to the contrary, it is
expressly agreed and acknowledged that the term, conditions and restrictions of this Agreement shall
not apply t o the init ial t ransfer of the Property or any Affordable Unit contained therein from
Declarant to any Contractor; provided, however that the instrument of conveyance between Declarant
and the Contractor shall specifically identify t he grantee therein as being a Contractor wit hin t he ambit
of the provisions of this paragraph 1.04. Furthermore, the terms, conditions and restriction of this
Agreement with respect to the use and occupancy of the Property or any Affo rdable Unit thereof shall
not apply t o Declarant or to the Contractor during their ownership thereof prior to the initial transfer
of any Affo rdable Unit to a Qualified Applicant as provided herein; provided, however, that the
Contractor shall make no transfer of any Affo rdable Unit except to a Qualified Applicant as defined in
this Agreement.
Section 1.05 Notwit hstanding any provision of this Agreement to the contrary, in order to
-3-
facilit ate provisio n of affordable housing in Garfield County , it is expressly agreed and acknowledged
that the GCHA, or Garfield County as agent of the GCHA, may acquire and transfer the Affo rdable
Unit (s) to Qualified Applicant(s) as that term is defined herein or rent the Affo rdable Unit(s) to
qualified tenants who meet the income, occupancy and all other qualifications established by the
GCHA in it s Affo rdable Housing Guidelines unt il a sale to a Qualified Applicant is effected.
Article 2.USE AND OCCUPANCY OF PROPERTY
Section 2.01 Except as otherwise provided herein, use and occupancy of any Affo rdable
Unit shall henceforth be limited exclusively to housing for natural persons who meet the definition of
Qualified Applicant(s) and their families.
Section 2.02 An Owner, in connection with the purchase of an Affo rdable Unit, must: (a)
occupy the Affo rdable Unit wit hin t his Property as his or her sole place of residence during the time
that such Affo rdable Unit is o wned; (b) not engage in any business activity on or in such Affo rdable
Unit , other than permitted in that zone district or by applicable ordinance; (c) sell, convey, or
otherwise transfer such Affo rdable Unit only in accordance with this Agreement and the Affordable
Housing Guidelines.
Section 2.03 It shall be a breach of this Agreement for an Owner who defaults in payments
or other obligations due or to be performed under a promissory note secured by a first lien deed of
trust or mortgage encumbering an Affo rdable Unit to not notify t he GCHA, in writing, of any
notificat io n received from a lender, or its assigns, of past due payments or default in payment or other
obligations due or to be performed under a promissory note secured by a first lien deed of trust or
mo rtgage, as described herein, within five (5) calendar days of Owner’s notificat io n from lender, or its
assigns, of said default or past due payments.
Section 2.04 Upon receipt of notice as provided in Section 2.03, GCHA shall have the right,
in its sole discretion, and with the agreement of the Owner, to cure the default or any portion thereof.
In such event, the Owner shall be personally liable to GCHA fo r past due payment s made by the
GCHA together with int erest thereon at the rate specified in the existing promissory note(s) secured
by t he first lien deed of trust or mortgage, and all actual expenses of the GCHA incurred in curing the
default. The Owner shall be required by GCHA to execute a promissory note secured by a deed of
trust encumbering the Affo rdable Unit in favo r of the GCHA fo r the amounts expended by the GCHA
as specified herein, including future advances made for such purposes. The Owner may cure the
default and satisfy its obligation to the GCHA under this Subsection at any time prior to execution of
a contract fo r sale, upon such reasonable terms as specified by the GCHA and, if applicable, any such
satisfaction shall comply with Fannie Mae’s communit y seconds program requirements. Otherwise,
an Owner’s indebtedness to the GCHA shall be satisfied from the Owner’s proceeds at closing.
Article 3.SALE OF UNIT; MAXIMUM RESALE PRICE.
Section 3.01 The sale and resale of each Affordable Unit shall conform to the procedures
identified in the Affo rdable Housing Regulations.Escalation in the sales price for the Affo rdable Unit
shall be subject to the “Appreciation Cap” set forth in the Affo rdable Housing Regulations.
-4-
Section 3.02 For the purpose of determining the Maximum Resale Price in accordance with
the Affo rdable Housing Regulations, the Owner may add the cost of Permit ted Capital Improvements,
as defined in Affo rdable Housing Regulations, as it may be amended from time to time,and
inco rporated herein by t his reference. Except as otherwise provided in this Subsection, the total cost
of Permit ted Capital Improvements shall not exceed twenty percent (20%) of the initial sales price of
each Affo rdable Unit. In calculating such amount, only those Permitted Capital Improvements
identified in the Affo rdable Housing Regulations shall qualify fo r inclusion. All such Permitted
Capital Improvements installed or constructed over the life o f t he Affo rdable Unit shall qualify.
However, the allowance permitted by this Subsection is a fixed amount, which shall be calculated on a
cumulative basis applicable to the Owner and all subsequent purchasers, and shall not exceed the
maximum amo unt set forth in this Section 3.02.
Section 3.03 Permit ted Capital Improvements shall not include any changes or additions to
the Affo rdable Unit made by the Owner during construction or thereafter, except in accordance with
the Affo rdable Housing Regulations. In order to qualify as Permit ted Capital Improvements, the
Owner must fully co mply wit h t he Affo rdable Housing Regulations and the Affordable Housing
Guidelines.
Section 3.04 An Owner shall not permit any prospective buyer to assume any or all of the
Owner’s customary clo sing costs nor accept any other consideration which would cause an increase
in t he purchase price above the bid price so as to induce the Owner to sell to such prospective buyer.
Section 3.05 Prior to Owner entering int o a sales contract for the sale of his Affo rdable Unit
to a prospective buyer, such potential buyer shall be qualified by GCHA pursuant to the requirements
of the Affo rdable Housing Guidelines then in effect. Documented proof of qualification shall be
provided by the potential buyer, as requested by GCHA, prior to purchase. An Owner shall not enter
int o a sales contract for the sale of its Affo rdable Unit wit h any person other than a Qualified
Applicant and such contract for the sale of his Affo rdable Unit wit h any person other than a Qualified
Applicant and such contract shall not provide for a sales price greater than the Maximum Resale Price
established in accordance with this Section. The Owner may reject any and all offers; provided,
however, offers in excess of the Maximum Resale Price shall be rejected.
Section 3.06 In the event that title to an Affo rdable Unit vests in individuals or entities who
are not Qualified Applicants as that term is defined herein, (hereinafter referred to as A non-Qualified
Transferee(s)”), and such individuals are not approved as Qualified Applicants within thirty (30) days
aft er obtaining t it le t o the Affo rdable Unit, in t he manner described in this Section, the Affo rdable
Unit shall immediat ely be list ed for sale or advertised for sale by the Non-Qualified Transferee(s) in
the same manner as provided for Owners in Subsection 3.01 above; provided such action does not
otherwise conflict with applicable law. The highest bid by a Qualified Applicant, for not less than
ninet y-five percent (95%) of the Maximum Resale Price or the appraised market value, whichever is
less, which satisfies all obligations under any existing first lien deed of trust or mortgage, shall be
accepted. If all such bids are below the lesser of ninety-five percent (95%) of the Maximum Resale
Price or the appraised market value, the Affo rdable Unit shall continue to be listed for sale or
advertised for sale by the Non-Qualified Transferee(s) until a bid in accordance with this Subsection is
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made, which bid must be accepted. The cost of any appraisal shall be paid by the Non-Qualified
Transferee(s). In the event the Non-Qualified Transferee(s) elect to sell the Affo rdable Unit wit hout
the assistance of a real estate broker or agent, such Non-Qualified Transferee(s) shall advertise the
subject Affo rdable Unit fo r sale in a manner approved by GCHA and shall use due diligence and made
all reasonable efforts to accomplish the sale of the Affo rdable Unit. In the event GCHA finds and
determines that such Non-Qualified Transferee(s) have failed to exercise such due diligence, GCHA
may require the Non-Qualified Transferee(s) to execute a standard listing contract on forms approved
by t he Colorado Real Estate Commission, or its successor, with a licensed real estate broker or agent.
(a)Non-Qualified Transferee(s) shall join in any sale, conveyance or transfer of the Affo rdable
Unit to Qualified Applicant(s) and shall execute any and all documents necessary to effect
such conveyance.
(b)Non-Qualified Transferee(s) shall not: (1) occupy the Affo rdable Unit; (2) rent all o r any
part of the Affo rdable Unit, except in strict compliance with Section 5 hereof; (3) engage
in any o ther business activity on or in the Affo rdable Unit; (4) sell, convey or otherwise
transfer the Affo rdable Unit except in accordance with this Agreement and the Affordable
Housing Guidelines; or (5) sell or otherwise transfer the Affo rdable Unit fo r use in a trade
or business.
(c)Where the provisions of this Subsection 3.06 apply, the GCHA may require the Non-
Qualified Transferee(s) to rent the Affo rdable Unit in t he same manner as provided for
Owners in Section 5, below.
(d)Until sale to a Qualified Applicant is effected, Non-Qualified Transferee(s) shall comply
wit h all o bligat io ns of Owners set forth in this Agreement
Section 3.07 Each new Owner of any Affordable Unit shall sign and cause to be recorded a
counterpart of the Memorandum of Acceptance of the terms of this Master Deed Restriction in the
fo rm attached hereto as Exhibit B.In addition, each new Owner of any Affordable Unit shall execute
and record a Promissory Note and Deed of Trust, each in the form promulgated by the GCHA, for
the purpose of memorializing the interest of Garfield County and the GCHA in the Property. The
Promissory Note and Deed of Trust shall be subordinate to any Promissory Note used in t he Owner’s
purchase of the Affordable Unit, including, without limitation, any refinance thereof. Garfield County
and the GCHA shall execute any additional documentation reasonably requested by Owner to confirm
the subordinate position of Garfield County and GCHA.
Article 4.OWNER RESIDENCY REQUIRED
Section 4.01 Each Affo rdable Unit shall be utilized only as the sole and exclusive place of
residence of an Owner.
Section 4.02 In the event an Owner ceases to utilize an Affo rdable Unit as his sole and
exclusive place of residence, the Affo rdable Unit shall be offered for sale pursuant to the provisio ns of
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Subsection 3.10 of this Agreement. The Owner shall be deemed to have ceased utilizing the
Affo rdable Unit as his sole and exclusive place of residence by becoming a resident elsewhere or by
residing on the Affo rdable Unit fo r fewer than nine (9) months per calendar year without the express
written approval of the GCHA. Where the provisions of this Subsection 4.2 apply, the GCHA may
require the Owner to rent the Affo rdable Unit in accordance with the provisions of Section 5, below.
Section 4.03 If at any time the Owner of an Affo rdable Unit also owns any interest alone or
in conjunction with others in any developed residential property or dwelling unit(s), Owner agrees to
immediat ely list or advertise said other property or unit(s) for sale and to sell Owner’s interest in such
property at a sales price comparable to like units or properties in the area in which the property or
unit (s) are located. In the event said other property or unit has not been sold by Owner within one
hundred twenty (120) days of its listing or advertisement for sale, then owner hereby agrees to
immediat ely o ffer the Affo rdable Unit subject to this Agreement for sale pursuant to the provisio ns of
Subsection 3.10 of this Agreement. It is understood and agreed between the parties hereto that, in
the case of an Owner whose business is the construction and sale of residential properties or the
purchase and resale of such properties, the properties which constitute invent ory in such an Owner’s
business shall not constitute Aother developed residential property”or Adwelling unit(s)”as those
terms are used in this Subsection 4.3.
Article 5.RENTAL OF UNIT.
Section 5.01 An Owner may not, except with prior written approval of the GCHA, and
subject to GCHA’s conditions of approval, rent the Affo rdable Unit. Prior to occupancy, any tenant
must be approved by the GCHA in accordance with the income, occupancy and all other
qualifications established by the GCHA in it s Affo rdable Housing Guidelines. The GCHA shall no t
approve any rental if such rental is being made by Owner to utilize the Affo rdable Unit as an income
producing asset, except as provided below, and shall not approve a lease with a rental term in excess
of twelve (12) months. A signed copy of the lease must be provided to the GCHA prior to
occupancy by any tenant. The Owner shall comply with of the Affo rdable Housing Regulations in
establishing the rent due from any tenant of the Affordable Unit..The requirements of this Subsection
shall no t preclude the Owner from sharing occupancy of an Affo rdable Unit wit h non-owners on a
rental basis provided Owner continues to meet the obligations contained in this Agreement, including
Section 4.
Section 5.02 NOTHING HEREIN SHALL BE CONSTRUED TO REQUIRE THE GCHA
TO PROTECT OR INDEMNIFY THE OWNER AGAINST ANY LOSSES ATTRIBUTABLE TO
THE RENTAL, INCLUDING (NOT BY WAY OF LIMITATION) NON-PAYMENT OF RENT
OR DAMAGE TO THE PREMISES; NOR TO REQUIRE THE GCHA TO OBTAIN A
QUALIFIED TENANT FOR THE OWNER IN THE EVENT THAT NONE IS FOUND BY THE
OWNER.
Article 6.BREACH OF AGREEMENT; OPPORTUNITY TO CURE
Section 6.01 In the event that GCHA has reasonable cause to believe the Owner is vio lat ing
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the provisions of this Agreement, the GCHA, by it s authorized representative, may inspect an
Affo rdable Unit between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, after
providing the Owner with no less than 24 hours written notice
Section 6.02 The GCHA, in t he event a violation of this Agreement is discovered, shall
fo llo w the procedures set forth in the Affo rdable Housing Regulations and such other policies as it
may est ablish from time to time.
Section 6.03 The failure of the GCHA to insist upon the strict and prompt performance of
any o f t he terms, conditions and restrictions of this Agreement shall not constitute or be construed as
a waiver or relinquishment of the GCHA’s right or rights thereafter to enforce any term, condition or
restriction and the same shall continue in full force and effect.
Article 7.REMEDIES
Section 7.01 This Agreement shall constitute covenants running with the Property as a
burden thereon, for the benefit of, and shall be specifically enforceable by the GCHA, Garfield County
, and their respective successors and assigns, as applicable, by any appropriate legal action including
but not limit ed to specific performance, injunction, reversion, or eviction of non-complying Owners
and/or occupants.
Section 7.02 In the event the parties resort to litigation with respect to any or all provisio ns
of this Agreement, the prevailing party shall be entitled to recover damages and costs, including
reasonable attorney’s fees.
Section 7.03 In the event of any sale, transfer or conveyance of the Property or any
Affo rdable Unit thereof in violation of this Agreement, such sale, transfer or conveyance shall be
wholly null and void and shall confer no title whatsoever upon the purported transferee(s). Each and
every conveyance of the Property or Affo rdable Unit, for all purposes, shall be deemed to include and
inco rporate by this reference the covenants, conditions, limitations, and restrictions herein contained,
even without reference therein to this Agreement.
Section 7.04 In the event that the Owner or occupant fails to cure any breach, the GCHA
may resort to any and all available legal action, including, but not limited to, specific performance of
this Agreement or a mandatory injunct io n requiring sale of the Affo rdable Unit by Owner as specified
in Section 3.06. The costs of such sale shall be taxed against the proceeds of the sale with the balance
being paid to the Owner.
Section 7.05 In the event of a breach of any of the terms or conditions contained herein by
the Owner, it s heirs, successors or assigns, the Owner’s purchase price of the Affo rdable Unit as
referred to in Section 7.03 of this Agreement shall, upon the date of such breach as determined by
GCHA, automatically cease to increase as set out in Article 3 of this Agreement, and shall remain
fixed until the date of cure of said breach.
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Article 8.FORECLOSURE
Section 8.01 Any purchaser acquiring any rights in the Property or an Affordable Unit by
virtue of foreclosure of a lien shall be deemed to be a Non-Qualified Transferee subject to the
provisions of Section 3.06 of this Agreement. In the event of a foreclosure, nothing herein shall be
construed to create a release or waiver of the covenants, conditions, limitations and restrictions
contained in this Agreement.
Section 8.02 In the event that GCHA or any agent of GCHA, becomes the owner of any
Affo rdable Unit, GCHA and/or its agent, may sell the Affordable Unit (s) to Qualified Applicants, or
rent the Affordable Unit(s) to qualified tenants who meet the income, occupancy and all other
qualifications established by the GCHA in its Affordable Housing Guidelines until sale to a Qualified
Buyer is effected.
Article 9.GENERAL PROVISIONS
Section 9.01 Notices. Any notice, consent or approval which is required to be given
hereunder shall be given by mailing t he same, certified mail, return receipt requested, properly
addressed and with postage fully prepaid, to any address provided herein or to any subsequent mailing
address of the party as long as prior written notice of the Change of address has been given to the
other parties to this Agreement. Said notices, consents and approvals shall be sent to the parties
hereto at the following addresses unless otherwise notified in writing:
To Declarant:TCI Lane Ranch, LLC
401 Tree Farm Drive
Carbondale, Colorado 81623
To GCHA:Garfield County Housing Authority
2128 Railroad Avenue
Rifle, Colorado 81650-1650
Wit h Copy to:Garfield County Attorney
108 8th Street
Glenwood Springs, Colorado 81601
To Owner:As shown in the Memorandum of Acceptance of Master Deed
Restriction
Section 9.02 Exhibit s. All exhibit s attached hereto (Exhibits “A” and “B”) are incorporated
herein and by this reference made a part hereof.
Section 9.03 Severability. Whenever possible, each provision of this Agreement and any
-9-
other related document shall be interpreted in such a manner as to be valid under applicable law, but if
any provisions of any of the foregoing shall be invalid or prohibited under said applicable law, such
provisions shall be ineffective to the extent of such invalidit y o r prohibit io n wit hout invalidating the
remaining provisions of this Agreement or other related document.
Section 9.04 Choice of Law. This Agreement and each and every related document is to be
governed and construed in accordance with the laws of the State of Colorado.
Section 9.05 Successors. Except as otherwise provided herein, the provisions and
covenants contained herein shall inure to and be binding upon the heirs, successors and assigns of the
parties.
Section 9.06 Section Headings. Paragraph or Section headings within t his Agreement are
inserted solely for convenience of reference, and are not intended to, and shall not govern, limit or aid
in t he construction of any terms or provisions contained herein.
Section 9.07 Waiver. No claim o f waiver, consent or acquiescence with respect to any
provision of this Agreement shall be valid against any party hereto except on the basis of a written
inst rument executed by the parties to this Agreement. However, the party for whose benefit a
condition is inserted herein shall have the unilateral right to waive such condition.
Section 9.08 Gender and Number. Whenever the context so requires herein, the neuter
gender shall include any or all genders and vice versa and the use of the singular shall include the
plural and vice versa.
Section 9.09 Personal Liability. Owner agrees that he or she shall be personally liable for
any o f t he transactions contemplated herein.
Section 9.10 Further Action. The parties to this Agreement, including any Owner, agree to
execute such further documents and take such further actions as may be reasonably r equired to carry
out the provisio ns and intent of this Agreement or any agreement or document relating hereto or
entered into in connection herewith.
Section 9.11 Modificat io ns. The parties to this Agreement agree that any modifications of
this Agreement shall be effective only when made by writings signed by the parties, approved by
Garfield County, and recorded with the Clerk and Recorder of Garfield County, Colorado.
Notwithstanding the foregoing, the GCHA reserves the right to amend this Agreement unilaterally
when deemed necessary to effectuate the purpose and intent of this Agreement, when such unilateral
action does not materially impair an Owner or lender’s rights under this Agreement, and when such
amendment has been approved by Garfield County
Section 9.12 Run With the Land. The provisions of this Agreement, including the benefits
and burdens created thereby, shall run with the land and shall burden and benefit the Property and
each of the Affo rdable Units. As such, the provisions of this Agreement shall inure to the benefit of
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and be binding upon the parties and any and all heirs or successors-in-int erest to Garfield County,
GCHA and each of the Owners.
IN WITNESS WHEREOF, the parties hereto have executed this instrument on the day and
year first above written.
DECLARANT:
TCI LANE RANCH, LLC
a Colorado limit ed liabilit y co mpany
By:_______________________________
Name:
Title:
STATE OF )
) ss.
COUNTY OF )
Subscribed, sworn to, and acknowledged before me this _______ day of ______________,
1999, by _____________________,as ______________________of TCI Lane Ranch, LLC, a
Colorado limit ed liabilit y co mpany.
WITNESS my hand and official seal.
___________________________________
Notary Public
My commission expires:
Address of Notary:
ACCEPTANCE BY THE GARFIELD COUNTY HOUSING AUTHORITY
The foregoing Declaration of Master Deed Restriction and Agreement Concerning the Sale,
Occupancy and Resale of Affordable Housing Units at TCI Lane Ranch Planned Unit Development,
Garfield County, Colorado and its terms are hereby adopted and declared by the Garfield County
Housing Authority.
GARFIELD COUNTY HOUSING AUTHORITY
By:_______________________________________
Name:
Title:
STATE OF COLORADO )
) ss
COUNTY OF GARFIELD )
The above and foregoing document was acknowledged before me this __________ day of
____________________, 2008, by _________________________________________ as
__________________________________of the Garfield County Housing Authority.
Wit ness my hand and official
__________________________________________
Notary Public
My commission expires: _______________________.
My address is: _____________________________
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EXHIBIT “A”
Legal Description of Property
Lots __________________________, TCI Lane Ranch Planned Unit Development, according to the
Final Plat thereof recorded in the real property records of Garfield County, Colorado on
_____________, ____, in Plat Book ___ as Reception No. __________,
County of Garfield, State of Colorado.
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EXHIBIT B
MEMORANDUM OF ACCEPTANCE FOR MASTER DEED RESTRICTION AGREEMENT
FOR THE OCCUPANCY AND RESALE OF AFFORDABLE UNITS AT
TCI LANE RANCH PLANNED UNIT DEVELOPMENT
GARFIELD COUNTY, COLORADO
WHEREAS, , Buyers, are purchasing from
, Seller, at a price of $ , real property described. as:
Lot , TCI Lane Ranch Planned Unit Development, Garfield County, Colorado, as described in the
Final Plat thereof recorded in the real property records of Garfield County, Colorado on
_____________________, in Plat Book ___ at Pages ________________; and
WHEREAS, Garfield County, the Garfield County Housing Authority and Seller require, as a
prerequisite to the sale transaction, that the Buyer(s) acknowledge and agree to the terms, conditions
and restrictions found in that certain instrument entitled "Declaration of Master Deed Restriction and
Agreement Concerning the Sale, Occupancy and Resale of Affordable Housing Units at TCI Lane
Ranch Planned Unit Development, Garfield County, Colorado,” recorded in the real property records
of Garfield County, Colorado on , at Reception No. (hereinafter
"Dead Restriction").
NOW, THEREFORE, as an inducement to the Seller to sell the referenced unit, the Buyers:
1.Acknowledge that the undersigned has carefully read the entire Deed Restriction, has had the
opportunity to consult wit h legal and financial counsel concerning it and fully understands it.
2.Hereby accepts the Deed Restriction as recorded above, in its entirety, with the following
changes and/or additions:
a.Date of the Agreement is agreed to be .
b.Buyer(s) is (are) acknowledged as .
c.Purchase price is agreed to be $ .
d.The total amo unt of Permitted Capital Improvements is agreed to be
.
e.All no tices to the Buyer, as required or permitted by the Deed Restricted should be
sent to
.
f.The Buyer(s) direct(s) that this memorandum be placed of record in the real estate
records of Garfield County, Colorado.
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Memorandum of Acceptance of Deed Restriction
Page 2
IN WITNESS WHEREOF, the parties hereto have executed this instrument 'on the day and
year first above written.
BUYER(S):
STATE OF COLORADO }
} ss.
COUNTY OF GARFIELD }
The foregoing Instrument was acknowledged before me this day of ,
by and by .
WITNESS my hand and official seal.
My commission expires:
Notary Public
ACCEPTANCE BY THE GARFIELD COUNTY HOUSING AUTHORITY
By:
Name:Date
Title:
STATE OF COLORADO }
} ss.
COUNTY OF GARFIELD }
The foregoing Instrument was acknowledged before me this day of ,
by as of the Garfield County Housing
Authority.
WITNESS my hand and official seal.
My commission expires:
Notary Public
BB. TCI Lane Ranch Open House Invitations, Invitees, Sign‐In
Sheets and Comments
OPEN HOUSE #1
February 13, 2007
January 30, 2007
RE: Open house for TCI Lane Ranch (100-acre portion of original Cerise ranch)
Greetings,
As you may be aware, a 100-acre portion of the Oscar & Wilma Cerise property was
recently sold and is now under new ownership. This parcel of land is located at 16411
Old Highway 82 in the Catherine area. The property is bordered on the east by the
Waldorf School and on the west by Blue Creek Ranch.
In representation of the current property owner, Noble Design Studio will be hosting an
Open House for area residents to express their ideas, concerns, and suggestions with
regards to potential future development of this property. We are holding this Open
House because we believe that public input is an integral part of any design and should
occur at the early stages of the design process.
As neighbors of this property, our design team would truly appreciate your involvement
in this event. If you are unable to attend, we would welcome any written comments that
you would like to submit. Please feel free to contact us if you have any questions, and
we look forward to seeing you there!
Sincerely,
Noble Design Studio
Jon Fredericks, ASLA
Senior Landscape Architect
jfred@windrivertrees.com
970.963.7027
Open House Information
Date:Tuesday, February 13, 2007
Time:6:30 PM
Location:Village Smithy, 26 South 3rd Street, Carbondale
Agenda
1. A brief (15-minute max) presentation will be given by the design team
2. Public comment and discussion (90 minutes, +/-)
We will document all comments provided to us, and you will also have the option
to submit anonymous written comments.
Refreshments will be served.
Please RSVP to Libby Thurman, 963-0744 or lthurman@windrivertrees.com
TC
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TCI Lane Ranch Open House Comments
February 13, 2007
Cows on the land
Why would you want to keep cows on the land? Would that be something the HOA
would manage?
“Maintaining grazing rights for cattle ranchers creates challenges for the HOA to
maintain. Additionally, it is destructive to the land, especially in a condensed area. If the
concentration is heavy it can smell as well. Personally I think it’s a bad idea and not
necessary.” John Charters
“One additional observation that may be of some help to you is that the cattle last fall
literally destroyed Blue Creek Ditch and over grazed the wooded area leaving nothing for
the wildlife to forage or the opportunity for seedlings to take hold to regenerate the
ecosystem. I would think that the agricultural aspect of the subdivision should be kept
like Blue Creek Ranch within the pastures toward the highway.” Paul Andersen
Nursery Concerns
Will the nursery use large trucks?
Is the proposed nursery WindRiver Trees? Where on the property would this be located?
The dust from the nursery will be all over everything. Is the nursery already a given in
this development?
What is the zoning on this project right now? Is a nursery allowed as it is now? Can this
be done without the nursery? The equipment and things moving in and out all the time is
a real detriment. With that kind of density, you shouldn’t need the nursery there. It’s not
appropriate and does Blue Creek Ranch no good whatsoever.
If you’re planning on making any part of this commercial, a nursery is the best choice.
Better than McDonalds, 7-11 or a strip mall.
If there is commercial here, they will want to make commercial across the street, across
the highway, and pretty soon you lose the semi-rural character of the area.
The nursery will be no good for either neighborhood. A berm does all the noise
screening needed.
Even berming with trees will eliminate the noise factor. Could connect to the Blue Creek
berm. Sound is an issue.
Why aren’t you putting the tree nursery by the Waldorf School instead? It’s more of a
similar usage.
The nursery should be close to the road for easy access. It doesn’t make sense to put it
back into the property.
Is there any chance the nursery will move before you start building?
It is unrealistic to think that something with that many trees and equipment isn’t going to
create a lot of noise and dust. Why would Ace want to reduce the size of the nursery
from what he has now?
“He (Ace) should take his little horticultural attitude and help the Waldorf School and
then he could sleep good at night.”
Would Ace consider doing just a tree farm where they would only dig trees twice a year
and there’s a lot less disturbance? Commenter would be more in favor of creative berms
and screening and a tree farm with organic shapes rather than just rows of trees with the
whole operation with skid-steers and loaders and all the equipment involved.
If you don’t move the nursery, we will want to see how you are going to mitigate the
sound and dust.
“Great approach towards open space and conservation. I liked the mixed neighborhood
and I can live with the tree nursery as long as it is done in a way that reduces the impact
to Blue Creek. It would be better obviously for us if it was on the other side of the
property. However, I have faith in the owner to do what is best as he did such a
spectacular job with Blue Creek. The only thing I would fight is the thru-way!!! Good
job!” Lisa Flynn
“What about moving the tree farm all the way into the corner, and continuing the berm
from BCR behind it. This would preserve more of the cottonwoods and greatly eliminate
road noise/operation noise into the nursery. Also, the road access connecting is
inappropriate and unnecessary!” Anonymous
“I personally believe that the proposed residential subdivision and the Landscape
Business are inherently at odds with one another. You are trying to combine oil and
water. Given the beautiful topography of the parcel and the residential character and
excellence of Blue Creek Ranch next door—plus given Mr. Lane’s philosophical
values—I believe that TCI Lane should be a strictly residential development and his
nursery should be moved to another location. The nursery would not only detract from
Blue Creek Ranch but also from the homes in TCI Lane.” Paul Andersen
“Move the nursery over to the Waldorf side, it’s not residential so not as intrusive, and I
agreed with putting it closer to the road to provide a buffer to the neighborhoods in the
development.” John Charters
“I am in agreement that the tree farm would be better located on the other end of the
property, away from Blue Creek Ranch.” Kendall Evans
Trails and Open Space
Would the trails and multi-use play field and open space be open to the public?
With all the open space, a tree farm sounds a lot better than a 7-11. Lion’s ridge resident
is pleased overall with what he sees. He wants to make sure he will have access to all the
trails.
Will TCI HOA own the land (pasture at North edge by Hwy 82) so it can’t be sold to
McDonalds?
It would be very good to connect trails with Blue Creek and open spaces.
Is there any way the trail can stay close to the river and not have to go around the BLM
parcel? How did that get cut out of there?
Would you extend the trail that goes through Blue Creek, or would a person all of a
sudden get to the fence at the end of the property and the trail just stops?
There are already problems on the Blue Creek trails with litter, dog crap, and dogs not on
leashes. This needs to be addressed, as this problem could be compounded. Suggestion
to create some kind of enforcement and management rather than stop or close the trails.
The “open space” area by the river is very much wetlands for most of the year.
“Love the bridge idea to the Rio Grande Trail.” John Charters
Road Connection
Why would we (BCR residents) want the road to go through the easement? The
development concepts are completely different and Blue Creek owners bought into the
isolated, nestled, un-thoroughfare ideology and don’t like the commercial, duplex, parks,
etc. of TCI Lane Ranch connected to their development. The “non-desirable route”
doesn’t work; look at Catherine Store Road. People use that instead of 133 and 82.
There’s a reason we all live in a 49 home site community.
Will the secondary access into Blue Creek also provide access to the tree nursery?
Suggestion to make the connection between TCI and Blue Creek only a walking path.
There are other ways to create connectivity without an asphalt road. People will make
even a small path into a thoroughfare.
Has there been an idea to be a separate access point to State Hwy 82 (not old Hwy 82)?
Since Blue Creek won’t pass the access point, TCI Lane Ranch should realize that it’s
quicker to take old Hwy 82 than to snake through Blue Creek.
“No chance on the road between Blue Creek and this development. The HOA will never
approve it.” John Charters
Catherine Store Intersection
Catherine Store is a notoriously dangerously intersection. A suggestion was made to put
cameras in to stop people running red lights.
Won’t this put more pressure on Catherine Store intersection? Could you get some help
from CDOT to at least fill in the potholes? There needs to be some sort of improvements.
“The more I have thought about traffic patterns the more concern I have. Bringing
additional car traffic through Blue Creek Ranch will diminish the quality of our
neighborhoods. I understand that CDOT is not showing interest in improving the
Katherine Store intersection, but the increase in traffic will continue to place increased
demand on a bad situation. These things tend to not get serious attention until they
become catastrophic.” Kendall Evans
Housing Type Plan
Why are you contemplating duplexes? Wouldn’t people rather have a freestanding house
like they have in Blue Creek? Are they more expensive than a small stand alone house?
Is the character of the buildings the ranch motif, old mining, non-Willits style?
Good feeling about Blue Creek, it’s going to be hard to raise the bar from that. Or else
you’ll have Willits.
It’s weird to have ‘shacks’ next to large houses; why is the mix needed? Do you actually
see this working? Will someone buy a multi-million dollar house by the river and want a
duplex right around the corner?
Why argue if Ace wants to mix in the small houses? It’s giving people a nice place to
live. There’s no Middle America anymore, the desire is to break the molds we’ve gotten
into. But people can’t afford $600,000 duplexes. Affordable units and mixes needs to be
done tastefully.
Which neighborhood will be smaller houses? Medium houses? Bigger houses? Is there
really a mix of lot sizes in all neighborhoods?
“Clustering a variety of home sizes and values is a high ideal. But will you personally
attract the capital to get the quality of homes now being built in Blue Creek Ranch? I
personally would not take the risks to invest a couple of million dollars in a single family
home with a duplex or employee house right nearby. I believe that the manner in which
Blue Creek Ranch is laid out although not perfectly egalitarian makes the most sense in
the real world.” Paul Andersen
“I do believe Mr. Anderson’s comment to you is true. You will have to be very creative
to make your new development as desirable and successful as Blue Creek Ranch has
become. I know that you cannot please everyone but I hope you will be as imaginative as
possible which might me less is more.” Kendall Evans
“Mixing multi-million dollar houses down by the river in Neighborhood C with duplexes
or other lower income housing is kind of stupid – who would buy a home with that kind
of mix?” John Charters
“I thought it interesting your attempt at social engineering. Integrating employee housing
in all five zones. Historically these types of developments have had limited success. I
purposefully bought my house on the employee unit end of Blue Creek ranch. I do not
feel all people will feel this way and some may steer away from your development
because of this proposal.” Kendall Evans
Is there going to be any buffer between Neighborhood A and Blue Creek Ranch? How
many homes would be in this neighborhood? How many cars?
“I would like to see the establishment of a distance between the Blue Creek property and
the zones in the new development. Something which would preserve our views up-valley
would be ideal. I would hope in the landscape design you will come up with an
innovative way to make this separation desirable for our side and your development.”
Kendall Evans
Miscellaneous Comments
If there were no nursery, would that space be used for more houses? Is the number of 75-
85 pretty much set or could it go up to 100? Could it go less? Is it possible that this area
could be left alone and not developed at all?
There is a feeling of comfort that Ace bought this.
What is the timing on the development? When would this be built?
Will each home have 1 or 2 car garages or will there be communal parking areas?
Would you use the floodway boundary as a guide for an easement?
Suggestion to allow only 1 dog per residence.
What’s your thought on the water system and the sewer? Have you considered where on
site to locate these things? Locating on lower areas would push it closer to Blue Creek.
When do we get to see the revised plan?
Make sure to track where the deer and wildlife move in that area. They cross the river
but seem to not stay on the property. How can we help the animals cross the highway?
Build underpasses and overpasses like they do in Switzerland. Or just get rid of the elk.
Blue Creek is missing a place for dogs to run. Consider creating a dog park/dog run.
Pass these comments on to the owner. It’s good what you’re doing and it looks really
great so far.
“Good luck and I look forward to watching your project go forward.” Kendall Evans
“GO ACE” Nelson Owen
OPEN HOUSE #2
June 18, 2008
TCI LANE RANCH OPEN HOUSE INVITATION MAILING LIST 6-18-08
LAST NAME OR COMPANY FIRST NAME OR CONTACT MAILING ADDRESS CITY ZIP PHONE
BLUE CREEK RANCH
AGLEY JOSEPH & ALLISON 49 GAMBEL OAK WAY CARBONDALE 81623
AMD INVESTORS LLC SEAN GOODING 620 E HYMAN APT 1-A ASPEN 81611
ANDERSEN PAUL EGON 301 PONDEROSA PASS CARBONDALE 81623 (970) 963-2282
ANSLYN GARY W & REBECCA J 616 HILLCREST DR BASALT 81621 (970) 927-9577
BAKER-HARMON MICHELLE LEIGH 54 GAMBEL OAK WAY CARBONDALE 81623
BAYENS SCOTT 33 PINON LANE CARBONDALE 81623
BICKLEY ANN BURNS 30 PINON LN CARBONDALE 81623 (970) 963-4416
BLATZ JOHN & DARYL 279 CLEARWATER ROAD CARBONDALE 81623 (970) 963-4772
BLUE CREEK RANCH HOA BRIAN FLYNN # 24 105 PONDEROSA PASS CARBONDALE 81623 (970) 309-2425
BLUE CREEK RANCH LLC 2290 FIRST NATIONAL BUILDINDETROIT, MI 48226
BLUE CREEK LAND HOLDINGS LLC ONE LANE CENTER 1200 SHERNORTHBROOK, IL 60062
BONSAI COMMUNITIES, LLC 19351 HIGHWAY 82 CARBONDALE 81623
BLUE FORK, LLC PO BOX 1627 BASALT 81621
BRESLIN/TORMOHLEN MARC & TAMARA 124 PONDEROSA PASS CARBONDALE 81623
CANYONWOOD DEVELOPMENT, LLC 353 GOOSE LN CARBONDALE 81623
CHARTERS JOHN C & AMY 270 BRISTLECONE DR CARBONDALE 81623 (970) 704-0294
COCKRELL DAVID ALLEN 87 BRISTLECONE DR CARBONDALE 81623
COLBY STEVEN & KATE 33 GAMBEL OAK WAY CARBONDALE 81623
DENTON KEVIN F & LYNELLE G 60 PINON LN CARBONDALE 81623
DIDIER JEFFERY & CORY 81 GAMBEL OAK WAY CARBONDALE 81623 (970) 704-0371
DOUGHERTY TERRENCE & GAYLE 1070 JULIA CT GLENCOE, IL 60022
ELLIS JEFFREY ALLEN 36 GAMBEL OAK WAY CARBONDALE 81623
EMMA HOLDINGS LLC 0172 HORSESHOE DRIVE BASALT 81621
ENZER JOSEPH E 29 PINON LN CARBONDALE 81623 (970) 963-6370
EVANS KENDALL & JUDITH K 45 PINON LN CARBONDALE 81623 (970) 963-0809
FLYNN BRIAN C & LISA A 245 PONDEROSA PASS CARBONDALE 81623 (970) 963-3805
GIANNELLI VICTOR A & JANE E 67 GAMBLE OAK WAY CARBONDALE 81623 (970) 963-9787
GRAHAM FAMILY TRUST NO 2 32 CHOKE CHERRY CT CARBONDALE 81623 (970) 704-0308
GUDE HELENE PO BOX 10085 ASPEN 81612 (970) 948-7165
HALEVY RICK 200 BRISTLECONE DR CARBONDALE 81623 (970) 704-1005
HOCKNELL JOEL & MICHELLE 32 NAVAJO CARBONDALE 81623 (970) 963-0714
INGHAM CAROL 270 PONDEROSA PASS CARBONDALE 81623 (970) 963-7366
JOHNSON & STEELE JOHN B & EDEN C 23 PINON LN CARBONDALE 81623 (970) 704-0499
KAHN & MARKER CYNTHIA & STEPHEN 277 PONDEROSA PASS CARBONDALE 81623
KOBA, LLC PO BOX 3465 BASALT 81621
KUHLMAN JEFF 48 TRAINORS LANDING RD ASPEN 81611
LANE ACE/GERONIMO VENTURES 19355 HIGHWAY 82 CARBONDALE 81623
LANE CHRIS 367 ALLISON LANE BASALT 81621
LS HOMES, INC SHEILA KENNEDY WILLS 1800 MEDICINE BOW DR ASPEN 81611
MURRAY CAROLEE 48 BRISTLECONE DR CARBONDALE 81623
NORMAN RONALD R & MARIAN C 265 PONDEROSA PASS CARBONDALE 81623 (817) 738-6881
OKEEFE TIMOTHY & MARINA 25 GAMBEL OAK WAY CARBONDALE 81623
PRUDDEN STEPHEN & ADELAIDE 7401 UPPER RIVER RD WOODY CREEK 81656
SANDESIGN RON SANDE 0259 SUNFLOWER LOOP CARBONDALE 81623
SHEPHARD FARR PO BOX 4742 BASALT 81621
SHEPHERD-PACCIONE KATHERINE 223 JUNIPER CT BASALT 81621
SHERRY GAYLE 1044 STATION LOOP RAND PARK CITY, UT 84098
STOKES JAMES M & MARY M 3220 COUNTY ROAD 100 CARBONDALE 81623
THURMAN GWEN ELIZABETH 64 PINON LN CARBONDALE 81623 (970) 963-9474
WARNER CAROL 40 PINON LN CARBONDALE 81623 (970) 963-9411
WAYT RYAN & JESSICA 44 GAMBEL OAK WAY CARBONDALE 81623 (970) 963-1152
WILKINS DAVE 1118 HERITAGE DRIVE CARBONDALE 81623 (970) 948-3592
ASPEN EQUESTRIAN ESTATES
AGEE GREG CONSTRUCTION, INC PO BOX 8893 RANCHO SANTA FE 92067
ASPEN EQUESTRIAN ESTATES PO BOX 2598 RANCHO SANTA FE 92067
BLACK RHONDA 76 CORRAL DR CARBONDALE 81623
BRAMLET DEAN 5920 SEABIRD DR S GULFPORT, FL 33707
CAPITAL CONSTRUCTION LLC 0241 COUNTY ROAD 167 GLENWOOD SPGS 81601
DELANO WILLIAM & LAURIE 554 SUGARFOOT ST CASTLE ROCK 80104
GERSTLEY BETTY 0260 EQUESTRIAN WAY CARBONDALE 81623
HALEVY RICK & SUZAN 46 EQUESTRIAN WAY CARBONDALE 81623
LOCAL SERVICE CORP VALDONNA WATSON 4500 W HINSDALE AVE LITTLETON 80128
LOT C12 AEQ, LLC 3275 COUNTY ROAD 100 CARBONDALE 81623
MALONEY DONALD & KAREN PO BOX 1309 WHITNEY, TX 76692
RINALDI WILLIAM JOSEPH 326 SOPRIS CIRCLE BASALT 81621
ROCKY ENTERPRISES, INC 7900 PENNSYLVANIA CR NE ALBUQUERQUE 87110
SHERLON INVESTMENTS LLC 600 BRICKELL AVE STE 800 MIAMI, FL 33131
SINGH GURMEET 2700 CHERRY CREEK S APT 3 DENVER 80209
THE INVESTMENT GROUP, INC KRABACHER & SANDERS PO BOX 3800 HOUMA, LA 70316
WESTSTAR BANK 444 17TH STREET DENVER 80202
WHITEHILL CLIFFORD & DAISY 5320 W HARBOR VILLAGE NO VERO BEACH, FL 32967
YOUNG THOMAS & SUZANNE 2202 BENNETT AVE GLENWOOD SPGS 81601
LION'S RIDGE ESTATES
DALRYMPLE PATRICK & JOAN 616 LIONS RIDGE RD CARBONDALE 81623 (970) 963-8858
ERTZNER THOMAS & TERESA 109 OCEAN WAY ST CORPUS CHRISTI, T78411 (970) 704-0551
FITZGERALD KRISTEN & RYAN 333 LIONS RIDGE RD CARBONDALE 81623 (970) 963-0576
GOTH RONALD & KIRSTIN 354 LIONS RIDGE RD CARBONDALE 81623 (970) 963-0774
HEUER THOMAS & GAIL TRUST 567 LIONS RIDGE RD CARBONDALE 81623 (970) 963-2204
LAATSCH NEAL & NANCY 2935 N CYPRESS POINT WADSWORTH, IL 60083 (970) 963-1681
LAATSCH JOHN & SUSAN 318 LIONS RIDGE RD CARBONDALE 81623
LAMORTE PETER & MARILYN 477 LIONS RIDGE RD CARBONDALE 81623 (970) 963-8348
LION'S RIDGE ESTATES HOA 450 LIONS RIDGE RD CARBONDALE 81623
MARTIN PHYLLIS 305 W MASONIC VIEW AVE ALEXANDRIA, VA 22301
OWEN NELSON & DIANE 0222 CREST POINT DR CARBONDALE 81623 (970) 963-3464
PAX GARY 0434 LIONS RIDGE RD CARBONDALE 81623 (970) 704-3284
RAMIREZ KATE 505 LIONS RIDGE RD CARBONDALE 81623 (970) 963-1968
REEDY URSULA 180 SOUTH 34TH ST BOULDER 80306 (970) 963-1246
ROBINSON KENNETH & MARTHA 453 LIONS RIDGE RD CARBONDALE 81623 (970) 963-3646
SICHEL CYNTHIA PO BOX 1336 CARBONDALE 81623
OTHER NEIGHBORS
BUREAU OF LAND MANAGEMENT GREG GOODENOW 50629 HWY 6 & 24 GLENWOOD SPGS 81601 (970) 947-2800
CATHERINE COURT, LLC 44 HOOKS LN # 16 BASALT 81621 (970) 927-3996
CDOT DAN ROUSSIN 222 S 6TH ST RM 100 GRAND JUNCTION 81501 (970) 284-7230
CERISE TONI AND CLIFFORD 0086 CR 104 CARBONDALE 81623
PECK AND CLAUSON LUCAS AND ELLIE 132 MIDLAND AVE SUITE 4 BASALT 81621
RFTA MIKE HERMES 0766 INDUSTRY WAY CARBONDALE 81623 (970) 384-4981
ROARING FORK CONSERVANCY RICK LOFARO PO BOX 3349 BASALT 81621
THE FLEISHER COMPANY 995 COWEN DRIVE CARBONDALE 81623
THE LAND STUDIO DOUG PRATT 1002 LAUREN LANE BASALT 81621
THE WALDORF SCHOOL HARLEY 16543 HIGHWAY 82 CARBONDALE 81623
TORNEAE FELIX 5000 CR 100 CARBONDALE 81623
TCI Lane Ranch Open House Comments
June 16, 2008
Note to reviewer: Comments are typed here for ease of review. Actual
handwritten comment sheets follow this page.
“Great that there is no tree farm and that you centered the development in the
middle respecting the previous housing borders—Thank you.
Love the community solar plant—wish we had it.
So-so on the bridge to Rio but looks fine.
Thanks for listening to us.”
John Charters (HOA Board, Blue Creek Ranch)
“Would support a pool for use by both communities!! Also would suggest a dog
park.” Amy Charters
“Great plan—love to spatial aspects—1/2 acres + plus energy efficiency.”
Nancy Quisenberry, Basalt Realty
“Ample storage for affordable units.”
Anonymous
“Really like the common area in the middle of the homes—that way neighbors
seem less evasive.
Appreciate carbon offsetting, solar farm.
Not sure about 17 homes at 5500 SF but like the mix of home
sizes/duplexes/affordable.”
Anonymous
“Looks good. Like the concept and happy about the decision to not move the
tree farm. Would like to see the lot sizes a bit larger. Am interested in the lots at
the back rear the river. Nice work on conserving the open space.”
Jeff Didier
“Love the revised plan. So glad that you opted out of the tree farm. Would love
to see a kids park and a pool that both communities could use.
Thanks for not including the tree farm.
Please do not consider Mike Gerbaz for the Sales Broker.”
Anonymous
CC. RFTA Board Meeting Minutes & Letter of Support from
Waldorf School
ROARING FORK TRANSPORTATION AUTHORITY
BOARD MEETING MINUTES
April 10, 2008
Note: The following relevant section has been isolated from the entire recorded
minutes for ease of review:
C. Conceptual Approval of TCI Lane Bridge Proposal: Mike Hermes asked for conceptual
approval of the TCI Lane Bridge proposal. Jon Fredericks and Louis Wilsher, planners for the
TCI Lane Ranch were present to discuss some of the issues as follows:
o Bridge width: The Board agreed that the width of the suspension bridge need to be at least
10’ wide for safety considerations.
o Bridge maintenance: The bridge will be maintained by the TCI Lane Ranch HOA
o RFTA Board agreed that they will not contribute financially, but John Wilkinson left the
door open to consider a match if TCI Lane Ranch went after a State Grant.
o RFTA needs a policy for trails access and easements.
o Gate and Signage: A gate should be placed at both sides; RFTA will be responsible to
install the one on its side for trail closures. It was suggested that signage be put up to inform
the public when they leave RFTA property at entrance of the bridge.
o Parking: Dave Sturges suggested that a consideration of 5 parking spaces not limited to only
owners in the subdivision off of Hwy 82 be added to agreement verbiage.
o Tari Williams will receive copies of the building documents from TCI Lane Ranch.
-
After discussion, Bruce Christensen moved to provide conceptual support for the TCI
Suspension Bridge project with final approval of a license subject to a recommendation
coming back from staff. John Wilkinson seconded the motion and it passed unanimously.
DD. Utility Provider Commitment Letters
November 19, 2008
Holy Cross Energy
3799 Highway 82
P.O. Box 2150
Glenwood Springs, CO 81602-2150
Re: TCI Lane Ranch - Central Community Solar Array
Dear Holy Cross Board of Directors,
We respectfully submit the following proposal for your consideration of the TCI Lane Ranch central
community solar array. We appreciate Holy Cross’ continued dedication to supporting clean power
initiatives and look forward to your support in helping us set a new standard for efficient, sustainable and
healthy communities.
Please feel free to contact me at any time for additional information or to answer any questions. We
appreciate your consideration of this project.
Respectfully yours,
Paul Spencer
President
Bonsai Communities
970-948-6309
Recap
Bonsai Communities met with the Board on September 17, 2008 and proposed a partner opportunity for
the two organizations to create the first community solar array in Colorado, perhaps the nation.
As proposed, the community array would span roughly 300 kW with combined Holy Cross solar rebates
for the 89 home development of TCI Lane Ranch.
The rebates proposed are of equal aggregate value to the rebates on 89 individual homes under Holy
Cross’ traditional solar rebate program, but consolidated into one community solar array and phased over
several years.
Positives of a central community solar array are:
1. An optimal solar production site can be utilized (increased solar production, no shading)
2. HOA managed and maintained in perpetuity, including renewed equipment (ensures long term
effectiveness of the array)
3. Economies of scale - Lower cost and more production (~12% less expensive / ~8% more production)
Implementation Timeline
The TCI Lane Ranch community solar array phases (proposed below) are representative of our current
implementation timeline.
Based on future market conditions, we fully expect these phases to change slightly in sizing and timing
depending on the housing demand. However, we remain committed to the total array size of 300 kW, built
out over a 3-5 year period.
The rebate structure proposed in the following section will create the framework to deal with small
adjustments in the phase sizing and timing, keeping the proposed structure and value in tact.
Phase 1 July 2009 Completion of 50 kW ( 50 kW online)
Phase 2 July 2010 Completion of 100 kW (150 kW online)
Phase 3 July 2011 Completion of 100 kW (250 kW online)
Phase 4 July 2012 Completion of 50 kW (300 kW online)
Proposed Rebate Structure
We propose a rebate amount equivalent to your current individual rebate protocols in the amount of $2 /
watt. For a 300 kW system, the total rebate payment, paid out over approximately a four year period, will
not exceed $600,000.
As the phased installations will be of considerable size, we are flexible in payment of the rebate and
propose that each phase’s rebate be paid in 6 equal monthly installments after the particular phase is
brought online.
Consistent with the proposed implementation timeline above, this will ideally place the first monthly
payment in July of the particular year and the last payment in December, simplifying the recognition of the
rebate and system cost within the current calendar year.
Phase 1 (2009) Five payments @ $16,675 (Jul. to Nov.); one final payment @ $16,625 (Dec.)
Phase 2 (2010) Five payments @ $33,335 (Jul. to Nov.); one final payment @ $33,325 (Dec.)
Phase 3 (2011) Five payments @ $33,335 (Jul. to Nov.); one final payment @ $33,325 (Dec.)
Phase 4 (2012) Five payments @ $16,675 (Jul. to Nov.); one final payment @ $16,625 (Dec.)
Opportunity Risk and Details
It is expected that Holy Cross, TCI Lane Ranch and Bonsai Communities will publically benefit from the
positive exposure generated by this unique community.
Co-branding, both on the physical location of the central community solar array and on Bonsai
Communities’ website will be provided at a minimum.
TCI Lane Ranch will pay for 100% of the solar farm, or approximately $2.7 million, phased over several
years. A “Request for Proposal” (RFP) process will be incorporated to achieve the most favorable
competitive pricing for construction of the solar arrays.
Holy Cross rebates of $2 / watt, up to an aggregate total of $600,000, will be applied to the estimated
project cost of $2.7 million offsetting roughly 22% of the cost of the system. The remaining 78% of costs
and risk are borne by TCI Lane Ranch.
Under a worst case scenario analysis, the maximum downside risk to Holy Cross would be the annual
obligation to purchase (from the central community solar array system of up to 300 kW) electrical energy
pursuant to terms and conditions of a purchased power agreement.
Additionally, it is unknown to what extent Holy Cross would further benefit from the avoidance of future
potential carbon taxes on the community array’s produced power.
Consistent with Holy Cross’ individual rebate protocol, TCI Lane Ranch will retain ownership of the
Renewable Energy Credits (RECs) produced by the system unless other terms and conditions are
mutually agreed upon between TCI Lane Ranch and Holy Cross Energy.
Proposed Metering, Monthly Billing and Reimbursement Structure
A. Metering configuration
• A single meter will be placed on the community solar array to track power production –
represented herein as P
• Individual meters will be placed on each of the 89 homes and any other HOA structures to
track the community’s usage – the sum of which is represented herein as U
P – U = N (the net use of power for the community)
B. Monthly Billing
• Each individual home meter will be billed at the full retail rate with the respective
homeowner being financial responsible for such payment.
C. Reimbursement Structure
• Variables:
“P” = kWh generated by community solar array as recorded by production meter
“U” = kWh consumed by TCI Lane Ranch (aggregate of all individual meters)
“N” = kWh difference between community generation and consumption
• Payment Frequency:
Prior to the completion of phase 4, the calculation and associated payment for power
production will be conducted on an annual basis.
Once the final phase has been completed or Holy Cross Energy and TCI Lane Ranch
agree to move to quarterly payments, estimated payments will be provided on a quarterly
basis with a final accounting and balance at the end of the year.
It is recognized that an annual billing fee may be deducted from the final payment to
offset costs incurred by Holy Cross to determine such applicable payment.
• Resultant Payment (Annual ) – Prior to Completion of Phase 4:
If “N” > 0 Generation Exceeds Consumption
• “U” kWh paid at full retail rate plus applicable average PCA for year.
• “N” kWh paid at Holy Cross Energy’s average cost of power for applicable year.
If “N” <= 0 Consumption Exceeds Generation
• “P” kWh paid at full retail rate plus applicable average PCA for year.
• Resultant Payment (Quarterly ) – After Phase 4 Completion:
• The quarterly payment shall be equal to 85% of the estimated production, based
on 2000 hours of yearly production.
• Q = 300 kW (or final array size) x 500 h x (full retail rate plus applicable average
PCA) x 0.85
• Resultant Payment (Final Quarter and Year End Accounting ):
After Phase 4 completion, the final quarter and subsequent year end accounting
payments shall be calculated as follows:
If “N” > 0 Generation Exceeds Consumption
• “U” kWh paid at full retail rate plus applicable average PCA for year.
• “N” kWh paid at Holy Cross Energy’s average cost of power for applicable year.
• Subtract estimate quarterly payments = 3Q
If “N” <= 0 Consumption Exceeds Generation
• “P” kWh paid at full retail rate plus applicable average PCA for year.
• Subtract estimate quarterly payments = 3Q
After final payment is remitted to the TCI Lane Ranch Homeowners Association, all
variables (“P”, “U”, and “N”) will be reset to the value 0 (zero) for the next generation
year.
Miscellaneous
The TCI Lane Ranch development is eligible for the “Investment Tax Credit” (ITC) provision and will take
full advantage (albeit very limited) of this opportunity.
The system size and phased installation schedule, for the proposed central community solar array, do not
make this project attractive for more traditional third party financing groups. We continue to investigate
this option recognizing that “Investment Tax Credits” and “Modified Depreciation Schedules” create a
more favorable economic model for a project of this magnitude and scope.
Summary
We ask that the Board of Directors give strong consideration to our project based on our commitment to
create a sustainable (net zero) community. We believe this central community solar array is consistent
with Holy Cross Energy’s efforts to demonstrate a “balanced” approach to environmental stewardship and
action.
Further, we believe that such “balance”, incorporating our large scale project in the overall power supply
mix, provides a wonderful new opportunity to showcase a tangible and highly visible renewable energy
generation facility within your service territory with such asset being enjoyed by current and future
generations.
May 27, 2008
From: Carla Westerman
SourceGas
0096 County Rd. 160
Glenwood Springs, CO 81601
970-928-0407
To: Jon Fredericks
Noble Design Studio
19351 Hwy 82
Carbondale, CO 81623
970-963-7027
RE: TCI Ranch Lane, 16411 Old Hwy 82
Dear Jon:
The above mentioned development is within the certificated service area of SourceGas.
SourceGas has existing natural gas facilities located on or near the above mentioned
project. At this time it appears that these existing facilities have adequate capacity to
provide natural gas service to your project, subject to the tariffs, rules and regulations on
file. Any upgrading of our facilities necessary to deliver adequate service to and within
the development will be undertaken by SourceGas upon completion of appropriate
contractual agreements and subject to necessary governmental approvals.
Please contact us with any questions regarding this project, and with a timeline of when
you would like to proceed with your project.
Sincerely,
Carla Westerman
Field Coordinator
EE. List of Property Owners within 200’ of TCI Lane Ranch
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9
4
7
-
9
3
6
1
BU
R
E
A
U
O
F
L
A
N
D
M
A
N
A
G
E
M
E
N
T
G
W
S
F
I
E
L
D
O
F
F
I
C
E
5
0
6
2
9
H
W
Y
6
&
2
4
G
L
E
N
W
O
O
D
S
P
G
S
8
1
6
0
1
(
9
7
0
)
9
4
7
-
2
8
0
0
RF
T
A
D
A
N
B
L
A
N
K
E
N
S
H
I
P
R
A
I
L
R
O
A
D
R
O
W
0
7
6
6
I
N
D
U
S
T
R
Y
W
A
Y
C
A
R
B
O
N
D
A
L
E
8
1
6
2
3
(
9
7
0
)
3
8
4
-
4
9
8
1
2
3
9
1
3
1
3
0
0
0
2
9
MI
K
E
H
E
R
M
E
S
R
A
I
L
R
O
A
D
R
O
W
0
7
6
6
I
N
D
U
S
T
R
Y
W
A
Y
C
A
R
B
O
N
D
A
L
E
8
1
6
2
3
2
3
9
1
3
2
3
0
0
0
5
1
CE
R
I
S
E
O
S
C
A
R
&
W
I
L
M
A
A
L
O
N
G
H
I
G
H
W
A
Y
8
2
1
,
5
,
8
,
9
,
1
0
0
0
8
6
C
O
U
N
T
Y
R
O
A
D
1
0
4
C
A
R
B
O
N
D
A
L
E
8
1
6
2
3
2
3
9
1
3
1
1
0
0
0
1
3
SN
O
W
C
O
U
N
T
R
Y
I
N
V
E
S
T
M
E
N
T
S
I
I
,
L
L
C
1
6
7
0
4
H
I
G
H
W
A
Y
8
2
4
2
3
0
S
O
U
T
H
M
I
L
L
S
T
R
E
E
T
A
S
P
E
N
8
1
6
1
1
2
3
9
1
2
9
3
0
0
0
8
2
FF. Letter of Owner’s Representation