HomeMy WebLinkAbout2.0 SIA'sJOHN R. SCHENK
DAN KERST
WILLIAM J. deWINTER, III
SCHENK, KERST & deWINTER a.
ATTORNEYS AT LAW
CENTRAL BANK BUILDING
SUITE 310, 302 EIGHTH STREETX1991
GLENWOOD SPRINGS, COLORADO 81601
C10
U1NTY
TELEPHONE: (303) 945-2447
TELECOPIER: (303) 945-2977
June 12, 1991
Mark Bean
GARFIELD COUNTY PLANNING OFFICE
109 Eighth Street, Suite 303
Glenwood Springs, CO 81601
Dear Mark:
HAND DELIVERED
Our firm represents Walt Stowe who owns the property subdivided as the River Ridge
P.U.D. The Subdivision Improvements Agreement for River Ridge P.U.D. is scheduled to
expire on July 5, 1991. This letter is a request for the continuance of the Subdivision
Improvements Agreement for an additional one (1) year. As you know, this development is
dependent on the sewage treatment plant being installed for the Westbank Ranch Planned Unit
Development, Filing No. 4. That project has been delayed by economic conditions and not due
to any fault of Mr. Stowe or his predecessors.
Mr. Stowe would appreciate the Board's consideration of an extension for a period of one
(1) year to commence work under the Subdivision Improvements Agreement or abandon same.
We would ask for an opportunity to visit with the Board of County Commissioners on
July 1, 1991, to consider this extension.
JRS/kla
cc: Walt Stowe
Robert Chaffin, Esq.
j'erytruly yo
JoH
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/ Yoe A.4V0%40 . c •its'l ��"yv.✓
JOHN R. SCHENK
DAN KERST
WILLIAM J. deWINTER, III
SCHENK, KERST & deWINTER
ATTORNEYS AT LAW
CENTRAL BANK BUILDING
SUITE 310, 302 EIGHTH STREET
GLENWOOD SPRINGS, COLORADO 81601
TELEPHONE: (303) 945-2447
TELECOPIER: (303) 945-2977
February 20, 1990
Mark Bean
GARFIELD COUNTY PLANNING OFFICE
109 Eighth Street
Glenwood Springs, CO 81601
Re: River Ridge P.U.D.
Dear Mark:
lq
I have been retained by Walt Stowe, who has acquired certain property on 109 Road,
which is known as the River Ridge Planned Unit Development. I have met with Walt and
discussed various matters. I visited your offices last Thursday, but you were not available. I felt
it would be appropriate to write you a letter to enumerate some of the concerns to schedule a time
to discuss these items at your convenience. My review of the documents indicate that the River
Ridge Planned Unit Development has been approved in a P.U.D. recorded as Reception No.
325086 of the Garfield County records. I believe this was done under the County Resolution No.
79-74.
In addition, I believe Donald J. Ice presented a subdivision plat which has been approved,
subject to a Subdivision Improvements Agreement which has been continued from time -to -time
over the years.
In connection with Mr. Stowe's purchase of this property form E & D Company, a
general partnership which was a successor of Mr. Ice, it was noted that the road description for
the county road right-of-way was in error and that certain other problems existed with regard to
this plat. It appears that certain of the units placed on the property are not within the appropriate
setbacks and there are other design difficulties.
I would like to visit with you with regard to these matters and to discuss the resolution
of the road right-of-way, the status of the P.U.D., the possible vacation of the subdivision plat
with release of the Subdivision Improvements Agreement, the investigation of the status of the
bridge fund for the Hardwick Bridge and the sewer treatment agreement. I realize some of
these matters may not be totally within the County's jurisdiction, but it would be appropriate to
RECOROED..i..1,..Fic. cL,c<pt . 196 8 1p)
BOOK 810 POE 546
AMENDMENT TO SUBDIVISION IMPROVEMENTS AGREEMENT
RIVER RIDGE DEVELOPMENT
v us t -
THIS AGREEMENT made and entered into this 7.7f-' day of, 1991,
by and between Walt Stowe (hereinafter referred to as "Developer")
and the Board of County Commissioners of Garfield County, Colorado
(hereinafter referred to as the "County"),
W ITNESSET H:
WHEREAS, on or about February 16, 1982, a prior Developer and the
County entered into a Subdivision Improvements Agreement that is
recorded at Book 593 at Page 292 of the records of the Clerk and
Recorder of Garfield County, Colorado;
WHEREAS, the previous owner of the subject property has conveyed
titled to the Developer; and
WHEREAS, the parties have agreed to ratify the existing Subdivision
Improvements Agreement and grant an extension of time for its
performance.
NOW, THEREFORE, for and in consideration of the following mutual
covenants the parties hereby agree as follows:
1. That line four (4) of Paragraph 3 a new date shall be
inserted therein which date shall be July 5, 1992, and
any reference to July 1, 1985, shall be deleted.
2. That on Page 3, Paragraph 3 the first full paragraph line
two (2) shall be modified to insert the date November 1,
1992, and any reference to the date November 1, 1985, is
hereby deleted.
AGREED TO the date set forth above.
ATTEST:
BOARD OF COUNTY COMMISSIONERS,
GARFIELD COUNTY, COLORADO
k of the Board ,Chairman
ATTEST:
Owner
EXHIBIT "A"
BOOK 810 1'4E547
A parcel of land situated in River Ridge P.U.D. as recorded in Document
No. 325086threcords
rticularlyClerk
describedRecorder
follows.Garfield County,
being 9 morepa
Commencin at the brass cap for the Southeast corner of. Section 35,
Township South, Range West of the 6th Principal Meridian, Garfield
County,lorado; East line
382.94 feet along the
thence N. 4°34'00" E. (Basis of Bearing)
of said'Section 35 to a point on the Easterly line of said River Ridge
P.U.D., being the Point of Beginning of the parcel herein described;
thence along.the Easterly side of said River Ridge P.U.D. the following
four courses:
(1) S. 32°42'28" E. 466.72 feet;
(2) S. 33°53'26" E. 300.29 feet;
(3) S. 15°45'31".W. 389.17 feet;
(4) S. .36°49'00" W. 43.85 feet;thence 183.67 feet along the arc of a
non-tangent.curve to the right, having a.radius of 652.52 feet which
bearstA'.84°35'09" E. and -a central angle of 16°07'40" the chord of which
bears -N. 02°39'.17" E. 183.07 feet; .:--
thence N. 10°42'52" E. 78.63 feet;
thence 314.84 feet along the arc of a curve to the hlee ft,
chord of
having
a rradius
of 395.19 feet and a'central angle of 45°38'45",
rs
..N. 12°06'31":W.:• 306..58_;feet .. -+:r
thence- N. 33°53'26" 'W.- 79-.41 feet; .
thence N. 32°42'28" W. 639.26 feet;
thence N'. 10°58'19" W. 53.92 feet to a. point on the Northerly line of
said River Ridge P.U.D.;
thence S. 51°57'33" E. 121.36 feet along said Northerly line;
thence S. 32°42'28" E. 107.22 feet along the Easterly line of said.River
Ridge P.U.D. to the East line of said Section 35 and the Point of Beginning.
Recorded at 3: LH o clock B 2 2 1982
Reception No. 32456 MILDRED ALSDORF, RECORDER
SUBDIVISION IMPROVEMENTS AGREEMENT
7.5071 593 PEA 29'2
THIS AGREEMENT, made and entered into this 16th day of
February, 1982, between DONALD J. ICE, hereinafter referred to as "Ice",
and the Board of County Commissioners of Garfield County, Colorado,
hereinafter referred to as the "County";
WITNESSETH:
WHEREAS, Ice is the owner of certain real property located in
Garfield County, Colorado, and more particularly described on Exhibit
"A" attached hereto and incorporated herein by this reference; and
WHEREAS, as a condition of approval of the final plat for the River
Ridge PUD, Ice wishes to enter into a Subdivision Improvements Agreement
with the County; and
WHEREAS, the County has required and Ice has agreed to provide
security or collateral sufficient in the judgment of the County to make
reasonable provision for completion of certain public improvements as
set forth on Exhibit "A" attached hereto, and incorporated herein by
this reference; and
WHEREAS, Ice has agreed to execute and deliver promissory notes and
deeds of trust, or a letter of credit, or such other security as the
County may hereafter accept, to the County to secure and guarantee his
performance of this agreement and has agreed to certain restrictions
regarding the issuance of building permits and certificates of occupancy
within the subdivision, all as more fully set forth hereinafter; and
WHEREAS, Ice intends to proceed with development of the PUD in
phases and the County has agreed to allow the phasing of the
installation of the public improvements as hereinafter provided.
NOW, THEREFORE, for and in consideration of the following mutual
covenants and agreements, the parties hereby agree as follows:
1. Ice's Performance. Ice agrees to construct and install at his
sole expense, those public improvements as set forth on Exhibit "A"
attached hereto and incorporated herein by this reference; provided that
Ice may install such improvements in phases as hereinafter provided.
Ice agrees that all of the public improvements to be completed as
identified in Exhibit "A" attached hereto shall be constructed in
compliance with the following:
(a) All final plat documents submitted prior to or at the time of
final plat approval.
(b) All laws of the United States, State of Colorado, and its
various agencies, effected special districts, and/or servicing
authorities.
t3l".-.1K
593 eT,E293
(c) Such other designs, drawings, maps, specifications, sketches
and other matter submitted to and approved by any of the above
stated governmental entities.
(d) Any other provision to the contrary notwithstanding, the
street serving each respective phase in the PUD shall provide
adequate street area at the end thereof to accommodate the
unrestricted turn around of fire trucks and other emergency
vehicle, which area shall be subject to approval by the County
prior to final acceptance of the public improvements for the
respective phase.
2. Cost of Improvements. It is understood for purposes of this
agreement that the cost of all of said public improvements, based upon
the engineered cost estimates set forth on Exhibit "B" shall be
$367,280.00, with the cost of each of the three (3) phases of
installation and construction as designated on said Exhibit "B".
3. Security for Improvements. Ice has heretofore delivered to
the County engineered plans and preliminary cost estimates for the
public improvements to be installed by Ice in connection with each phase
of development of the PUD. On or before April 1, 1983, Ice shall
deliver a letter of credit issued by a national banking institution or a
promissory note signed by Ice, which letter of credit or promissory note
shall be in a form acceptable to the County (which acceptance shall not
be unreasonably withheld) and shall be in an amount equal to the sum of
the preliminary cost estimate for the public improvements within Phase I
as set forth on Exhibit "B" attached hereto. In the event a promissory
note is tendered for security, Ice shall also, at such time, execute and
deliver to the County a mortgage deed securing said promissory note and
covering such portion of the real property within Phase I as equals or
exceeds in value the cost estimates for completion of the public
improvements within such phase as contained in Exhibit "B" attached
hereto. The real property to be described in said mortgage deed shall
be determined by mutual agreement of Ice and the County; provided,
however, for this purpose the County shall accept real property which
has a value as determined by a current report of an MAI appraiser, equal
to or exceeding the cost estimate for such public improvements.
In the event Ice fails to deliver said letter of credit or
promissory note and deed of trust as above provided within the time
permitted, then the final plat for the River Ridge PUD may be vacated by
the County and in such event, all approvals of the PUD by the County
shall be deemed to have been withdrawn and rendered null and void by
such vacation and all parties shall be released from any further
obligation hereunder. Contemporaneously with the execution of this
agreement, Ice shall deliver his written consent to said vacation in the
event an acceptable letter of credit or promissory note and mortgage
deed is not delivered within the time provided, which consent shall be
binding upon Ice's legal representatives, successors, and assigns.
Completion of the public improvements within Phases II and III, as
said phases are described on Exhibit "B" attached hereto, shall be
secured by a letter of credit or promissory note and mortgage in
r 91 i !GE294.
Upon Ice
h 3 above• note and
of this paragraph promissory credit or p Ice shall be
with the provisions letter of improvements, County said public imp the PUD covered by
accordance such P hale of
delivering to the completion tothe P e wits for the
secure comp lots within provided,
mortgage t° convey 1 building permits
sell and obtain such p such phase
entitled to and may thereupon the lots within the lots within
such security improvements °n any for such phase are
of imp convey title to
improvementsfor
delivery to the
construction party
not the public Up
however, Ice arty until this agreement. construction of
to any other P with the completion °f shall issue written
completed in accordance the County Recorder of
adequate security for phase, the Clerk and provided
County of articular Phe office of has been
within a P said security However, the
improvements a form recordable in that lots. for any
approval in Colorado stating such of occupancy
County, its may be issued on all public
Garfield issue certificates time as
and that buildingbe required to until the County, which
within such phase
County shall not been accepted by
s constructed uch phase have withheld.
buildingcompleted
improvements be unreasonably for Phase I are not
acceptance shall not option, exercise
accep improvements may, at its P completion of
the public imp the County Upon the
In the event 1983, h 4 below. shall
September 1, paragraph base, the County
on or before applicable, marked
rights as contained in P a articular phase,
if any,
those within p note, is mortgage,
public improvements promissory a
the credit eoP lien of i completed in
the letter of shall release the have been security•
return gull", improvements aforesaid
"Satisfied in e that all imp release its
acknowledge and shall otherwise that the
shall determines provided
satisfactory manner If the County
time period tions
efficiencies. within the
the specifications
4. Notice not constructed wit compliance c deficiencies-
improvements are substantial a list of specific (30) days
orb are n constructed in furnish Ice thirty the letter of
shall within
the County been corrected may draw on this
therefore, have not Ice, the County ents
held pursuant tOmprovem
If such deficiencies
ef iciencifurnished to he security e
after the list w realize on construct the
amount to b
otherwise be necessary Ito n such event, liquidated to
credit °r such funds as may sited and the
such specificationshall be computed
eats for
agreement, with public improvements
andm
from such security of all p the County•
in accordance cost ted by
realized the total items accepted drawn or equal to of those on,
be an amount less the costs may, at its option,
subject phase The County the County for
of Collateral• acceptable to completion of
5. Substitution e collateral
secure the
other
permit l t r substitute given by Ice
originally g rovided• to be
the collateral hereinabove p wired be
public improvements as improvements required
to
uence• Street imp it all utilities
6. bym Ice
shall
Se ot be installed completely installed.
shallbeen be provided
completed Ice the streets have rights which may
under to any
placed in orany
In addition that the County or
agreed have the authority to 7. Enforcement it is mutually PUD shall Colorado,
Statute, within the Garfield Counte
by Colorado lot or unit
action in the District Court of
purchaser of a
bring an
i n : 593 ? ;E295
compel the enforcement of this Agreement. Such authority shall include
the right to compel rescission of any sale, conveyance, or transfer of
any lot or unit contrary to the provisions of this agreement, or as set
forth on the plat of the PUD, or in any separate recorded instrument,
but any such action shall be commenced prior to the issuance of a
building permit by the County for such lot or unit.
8. Evidence of Title. Prior to the County accepting the
promissory note and mortgage deed as security for the installation of
public improvements within any phase, Ice shall deliver to the County a
title insurance commitment evidencing that fee simple title to the real
property to be covered by such mortgage is vested with Ice, free of any
and all liens and encumbrances.
9. Approval of Plat. The County agrees to approval of the final
plat of the River Ridge PUD, subject to the terms and conditions of this
Agreement.
10. Amendment. This Agreement may be amended from time to time,
provided that such amendment be in writing and signed by the parties
hereto.
11. Binding Effect. This Agreement shall be a covenant running
with the title to each lot or unit within the PUD and the rights and
obligations as contained herein shall be binding upon and inure to the
benefit of Ice, his successors, legal representatives, heirs, devisees,
and assigns.
IN WITNESS WHEREOF, the parties have hereafter affixed their
signatures the day and year first above written.
ATTEST:
d�rC�rrli��/l✓X��.../
De uty Clerk of the Board
COUNTY OF GARFIELD, STATE OF.,
COLORADO
Chairman, Board'o,f County
Commissioners o
Donald J. Ic
Garfield County
LEGAL DESCRIPTION
PARCEL 1
Box 593 PMcE296
A tract of land situated in Lots 26 and 11, Section
35, and Lot 3, Section 36, Township "6 South, Range 89
West of the 6th P.M., and Lot 5, Section 1, Township 7
South, Range 89 West of the 6th P.M., described as
follows:
Beginning at a point on the South line of said Lot 3
whence the Southwest corner of said Section 36 bears
S. 86°33' W. 93.88 feet; thence N. 22°03' W. 312.7 feet;
thence N. 46°47' W. 545.5 feet; thence N. 42°04'
E. 137.2 feet; more or less to the high water line on
the Westerly bank of the Roaring Fork River; thence
S. 48°11' E. 445.0 feet along said high water line to
a po-nt near the Hardwick Bridge; thence S. 28°55' E.
573.6 feet, more or less, to an existing fence corner
lying Easterly of the County Road as now constructed
and in use; thence S. 30006' E. 300.1 feet along said
fence line to the angle point in said fence; thence
S. 19°33' W. 389.90 feet along said fence to the angle
point thence S. 40°32' W. 63.7 feet to a point in said
fence on the Westerly side of the County Road; thence
N. 11°33' W. 542.7 feet; thence N. 16° 31' W. 126.7
feet; thence N. 22°03' W. 60.4 feet to the point of
beginning.
PARCEL 2
A tract of land situated in Lot 5, Section 1, and Lot 1,
Section 2, Township 7 South, Range 89 West of the 6th
P.M., and Lots 11 and 26, Section 35, and Lot 3, Section
36, Township 6 South, Range 89 West of the 6th P.M.,
described as follows:
Beginning at a point on the South line of said Lot 3 whence
the Southwest corner of Said Section 36 bears S. 86°33'
W. 93.88 feet; thence N. 22°03' W. 312.7 feet; thence N.
46°47' W. 545.50 feet; thence S. 25°28' E. 1529.0 feet;
thence N. 70°37' E. 26.2 feet; thence N. 11°33' W.
542.7 feet; thence N. 16°31' W. 126.7 feet; thence
N. 22°03' W. 60.4 feet to the point of beginning.
EXHIBIT "B"
PRELIMINARY CONSTRUCTION COST ESTIMATE
SUMMARY
RIVER RIDGE P.U.D.
1 September, 1981
T,ric 593 nriE297
Phase I (Envelope Block No. 10, 11, 12, 13, 14) $ 171,099.00
+10% Contingency 17,110.00
TOTAL $ 188,209.00
Phase II (Envelope Block. No. 5, 6, 7, 8, 9)
+10% Contingency
TOTAL $ 129,993.00
$ 118,175.00
11,818.00
6.00
Phase 111 (Envelope Block No. 1, 2, 3, 4) 4, $ 44,66116.00
+10% Contingency
TOTAL $ 49,078.00
PROJECT TOTAL $ 367,280.00
NOTE: Roads or streets within the PUD shall be completed in accordance with Garfield
County specifications.
Isom( 593 r ME298
PHASE I
Construction Cost Estimate for Improvement of Envelope Block No. 10, 11, 12, 13, 14
1. ROAD, PARKING AREAS, DRIVES AND DRAINAGE
ITEM UNIT UNIT PRICE QUANTITY PRICE
Clearing & Grubbing Acre $200.00 2.3 $ 460.00
6" Gravel Base Ton 9.00 850 7,650.00
Seal and Chip Sq.Yd. 2.00 2,740 5,480.00
Curb and Gutter LF 8.00 810 6,480.00
Curb, Gutter & Sidewalk LF 16.00 680 10,880.00
Fill (100' wide strip along
road centerline) Cu.Yd. 4.00 5,300 21,200.00
Concrete Drives Sq.Yd. 18.00 800 14,400.00
TOTAL $66,550.00
2. SANITARY SEWER SYSTEM AND TREATMENT FACILITY
ITEM UNIT UNIT PRICE OUANTITY PRICE
8" PVC Pipe LF 18.00 423 $ 7,614.00
Manhole Each 1,000.00 5 5,000.00
Cleanout Each 800.00 1 800.00
8" PVC Pipe) LF 18.00 1,975 11,850.00
Manhole 1/3 cost
Each 1,000.00 8 2,670.00
Service Connection Each 150.00 18 2,700.00
Treatment Facility Lump Sum 50,000.00 50,000.00
3. WATER DISTRIBUTION SYSTEM AND STORAGE
ITEM
UNIT UNIT PRICE
TOTAL $80,634.00
QUANTITY PRICE
6" PVC Pipe w/appurtances LF 19.00 885 $16,815.00
Fire Hydrant Assembly Each 1,200.00 2 2,400.00
Service Connection Each 150.00 18 2,700
Connection to Existing System Each 1,000.00 1 1,000.00
Pressure Test Each 1,000.00 1 1,000.00
TOTAL $23,915.00
PHASE I TOTAL $171,099.00
S,i;K 593 ? GE299
PHASE II
Construction Cost Estimate for Improvement of Envelope Block No. 5, 6, 7, 8, 9
1. ROAD, PARKING AREAS, DRIVES AND DRAINAGE
ITEM UNIT UNIT PRICE QUANTITY PRICE
Clearing & Grubbing Acre $200.00 2.2 $ '440.00
6" Gravel Base Ton 9.00 490 4,410.00
Seal and Chip Sq.Yd. 2.00 1,590 3,180.00
Curb and Gutter LF 8.00 150 1,200.00
Curb, Gutter & Sidewalk LF 16.00 575 9,200.00
Concrete Drives Sq.Yd. 18.00 890 16,020.00
2. SANITARY SEWER SYSTEM AND TREATMENT FACILITY
ITEM
Service Connection
TOTAL $34,450.00
UNIT UNIT PRICE QUANTITY PRICE
Each 150.00 17 $ 2,550.00
TOTAL $ 2,550.00
3. WATER DISTRIBUTION SYSTEM AND STORAGE
ITEM
UNIT UNIT PRICE
QUANTITY PRICE
6" PVCPipe and Appurtances LF 19.00 875 $16,625.00
Services Connection Each 150.00 17 2,550.00
Connection to Existing System Each 1,000.00 1 1,000.00
100,000 Gallon Storage Tank Lump Sum 1 60,000.00
Pressure Test Each 1,000.00 1 1,000.00
• TOTAL $81,175.00
PHASE I1 TOTAL $118,175.00
3C,7?( 1%59? n 300
PHASE III
CONSTRUCTION COST ESTIMATE FOR IMPROVEMENT OF ENVELOPE BLOCK'N0. 1, 2, 3, 4
1. ROAD, PARKING AREAS, DRIVES AND DRAINAGE
ITEM UNIT UNIT PRICE QUANTITY
Clearing & Grubbing Acre $200.00 1.5
6" Gravel Base Ton 9.00 820
Seal and Chip Sq.Yd. 2.00 2,630
Curb and Gutter LF 8.00 400
Curb, Gutter and Sidewalk LF 16.00 645
Concrete Drives Sq.Yd. 18.00 400
18" 0 CSP, 16 Ga. LF 30.00 50
TOTAL
2. SANITARY SEWER SYSTEM AND TREATMENT FACILITY
PRICE
$ 300.00
7,380.00
5,260.00
3,200.00
10,320.00
7,200.00
1,500.00
$35,160.00
ITEM UNIT UNIT PRICE QUANTITY PRICE
8" PVC Pipe LF $ 18.00 142 $ 2,556.00
Clean Out Each 800.00 1 800.00
Service Connection Each 150.00 13 1,950.00
TOTAL $ 5,306.00
3. WATER DISTRIBUTION SYSTEM AND STORAGE
ITEM UNIT UNIT PRICE QUANTITY PRICE
Fire Hydrant Assembly Each $1,200.00 1 $ 1,200.00
Service Lines (to units) Each 150.00 13 1,950.00
Pressure Test Each 1,000.00 1 1,000.00
TOTAL $ 4,150.00
PHASE III TOTAL $44,616.00
l
• •
FOURTH AMENDMENT TO SUBDIVISION IMPROVEMENTS AGREEMENT
RIVER RIDGE DEVELOPMENT
THIS AGREEMENT, made and entered into this 3rd day
of November, 1986, by and between E & D COMPANY, a Partnership
(hereinafter referred to as "Developer"), and the Board of County
Commissioners of Garfield County, Colorado, (hereinafter referred to as
the "County").
WITNESSETH:
WHEREAS, on or about February 16, 1982, the parties entered into
a Subdivision Improvements Agreement that is recorded at Book 593 at Page
292 of the records of the Clerk and Recorder of Garfield County, Colorado;
WHEREAS, the previous owner of the subject property has conveyed
title to the Developer; and
WHEREAS, the Developer is dependent upon the completion of a
sewage treatment plant associated with the Westbank Ranch P.U.D. Filing
No. 4., and said development was given until July 1, 1987, to initiate
public improvements; and
NOW, THEREFORE, for and in consideration of the following mutual
covenants, the parties hereby agree as follows:
1. That line four (4) of Paragraph 3, a new date shall be
inserted therein which date shall be July 1, 1987, and any reference to
July 1, 1986, shall be deleted.
2. That on Page 3, Paragraph 3, the first full paragraph line
two (2) shall be modified to insert the date November 1, 1988 and any
reference to the date November 1, 1986, is hereby deleted.
AGREED TO the date set forth above.
ATTF»S �"
ll•
L . •' �a•' l / / ,
- •C1eark-bfth Board'-,
',ATTEST:
BOARD OF COUNTY COMMISSIONERS OF
GARFIELD COUNTY COLORADO
�j
Eh
DEVELOPER:
Partnership
E & D COMPANY, a
• •
Board of County Commissioners
October 13, 1986
Page Two
As you know, the developers of the Westbank Ranch prop-
erty recently applied for, and have obtained, an extension
for their obligations under the Subdivision Improvements
Agreement until November 1, 1988. Also, they received an ex-
tension for posting security for improvements until July 1,
1987.
E & D Company requests the Board of County Commissioners
to grant a similar extension, enabling the River Ridge pro-
ject to maintain a development schedule compatible with that
of Westbank Ranch P.U.D. Filing No. 4, to facilitate the
mutual development of the sewage treatment facility, as
planned, at such time as local economy and market should war-
rant.
Request is therefore made that the Board grant an exten-
sion, through and including November 1, 1988, for the devel-
opers of the River Ridge P.U.D. to perform their obligations
for the installation of public improvements for Phase I, un-
der paragraph 3 of the Subdivision Agreement, and an exten-
sion through July 1, 1987, within which to post security for
such improvements. Developers further request that the Con-
sent to Vacation Of The Plat, previously delivered to the
County, be held in abeyance, and that any other applicable
deadlines be extended in a manner consistent with the fore-
going.
Consideration of this request at the next regularly
scheduled meeting of the Board of County Commissioners would
be very much appreciated.
Very truly yours,
NICHOLAS W. GOLUBA, JR.
Attorney for E & D Company
NWG/ljb
cc: E & D Company
1 •
THIRD AMENDMENT TO SUBDIVISION IMPROVEMENTS AGREEMENT
RIVER RIDGE DEVELOPMENT
THIS AGREEMENT made and entered into this „;2„...2-- day of July, 1985, by
and between E & D COMPANY, a Partnership (hereinafter referred to as
"Developer") ana the BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY,
COLORADO (Hereinafter referred to as the "County").
WITNESSETH:
WHEREAS, on or about February 16, 1982, the parties entered into a
Subdivision Improvements Agreement that is recorded at Book 593 at Page
292 of the records of the Clerk and Recorder of Garfield County, Colorado;
WHEREAS, the previous owner of the subject property has conveyed title
to the Developer; and
WHEREAS, the Developer is dependent upon the completion of a sewage
treatment plant associated with the Westbank Ranch P.U.D. Filing No. 4.,
and said development was given until July 1, 1986 to initiate public
improvements; and
NOW THEREFORE, for and in consideration of the following mutual
covenants, the parties hereby agree as follows:
1. That line four (4) of Paragraph 3 a new date shall be inserted
therein wnich date shall be July 1, 1986, and any reference to July 1,
1984 shall be deleted.
2. That on Page 3, Paragraph 3, the first full paragraph line two (2)
shall be modified to insert the date November 1, 1986 and any reference to
the date November 1, 1984 is hereby deleted.
AGREED TO the date set forth above.
ATTEST:
c7,3
Cle k of the Board
ATTEST:
BOARD OF COU Y COMMISSIONERS OF
GARFIE ► COLS: , D�e
By
t•if
an
DEVELOPER: E & D COMPANY, a
Partnership
By
• •
_SECOND AMENDMENT TO SUBDIVISION IN�PROVEMENTS AGREEMENT
RIVER RIDGE DEVELOPMENT
THIS AGREEMENT made and entered into this
November, 1984, by and between
day of
(hereinafter referred
"Developer") and the BOARD OF COUNTY COMMISSIONERS OF
COUNTY, COLORADO (hereinafter referred to as the "County"),
WITNESSETH:
to as
GARFIELD
WHEREAS, on or about February 16, 1982, the parties entered
into a Subdivision Improvements Agreement that is recorded at Book
593 at Page 292 of the records of the Clerk and Recorder of Garfield
County, Colorado;
WHEREAS, the previous owner of the subject property has
conveyed titled to the Developer; and
WHEREAS, the parties have agreed to ratify the existing
Subdivision Improvements Agreement and grant an extension of time
for its performance.
NOW, THEREFORE, for and in consideration of the following
mutual covenants the parties hereby agree as follows:
1. That line four (4) of Paragraph 3 a new date shall be
inserted therein which date shall be July 1, 1985, and any reference
to July 1, 1984 shall be deleted.
2. That on Page 3, Paragraph 3 the first full paragraph line
two (2) shall be modified to insert the date November 1, 1985 and
any reference to the date November 1, 1984 is hereby deleted.
AGREED TO the date set forth above.
BOARD OF COUNTY COMMISSIONERS OF
GARFIELD COUNTY, COLORADO
ATTEST:
Clerk ofthe Board
ATTEST:
By
Chairman
DEVELOPER:
By
Donal
•
NT
� AGREEMENT
ION IMPROVEMENTS
MPROV
S�pIVIS EVF�
NE RIDGE p
FIRST �iE RIVER
til
ode an
THIS AGREEMENT,
CRE e Wafter a e
1983, b�puntY
day of Ap he Board of to as
is t,) r and referr
d entered ash"Developer
pevel5 ereinafter
referred to Colorado ` en
County, ' s at
J. Ice (hereinafter
of Garfield
93
cissione witnesseth
"County WHER 'S , on or boo Agreement
greemen Recorder of Garf ie
Subdivision
Improvements
P the and R that
the records o
Commissioners
entered
rtie Page
e
1982, in gook lorado; and
February hat is tern
s
a
dea ountY C
eco t it
Clerk es have determined
etem m t e o be tended
rti Afire en •ting•
29a
2 of
° teeable f°r
agreeable
provided,
is mutually infter provi
a
mutual
�F� � the Pa Improvements
d � in wr i consideration of the at
Developer
evel°� of the
the t in on
f the County,
Y cost estimate
ri a deter ceased
NOW,
s-
said Subdivision
u
and that
covenants
agreements,
following
bd sa de mPnt should
and In as follows: oil tion o f the following
SORE, for Parties hereby by the adds
amended
an ag Paragraph 2 shall will
That P
1-
n uage ' request with a cu it „B�� , have inc t aph 3
language:
ag That, at the
County in Exhib improvements in para
provide th is listed public imp discussed
pmpro the cost f t impf the ove dentlY lncreasecl
t
t be
2. 11 re
delete a) angu g the
that
security c°r resi'on modified as follows 'te and Mortgage
w steal
belo ,paragraph 3 shall � references
to Promissory N°
That feten
to a
t
To a e: Developer
evel°Q ntY for
peed% following language: Permit to the County secure
insert the y may, t its option,
a' acceptable
Developer
ve provided.
c)
Cotte other originally
r g nally given n b S , as hereinabove
reference to
sues collates on o f the improvements,
mpr o to delete date of
July 1,
the completion
of Paragraph
atagrap e therein the two,
c) In line
1983, and substitute
full Paragrasvb linetote
d substitute
April 1, the first 1, 1883, an
1984' 31 patagraehto� Septemg4-
dl a' Dag th ref reference
t 1,
to delete the date of vem�
for that
• I.
1
e) At the end of the sentence referred to in Paragraph 2c
above, to insert the following new sentence:
That prior to November 1, 1985, the Developer will have
completed construction to the satisfaction of the County of
all public improvements listed in Exhibit "B".
4. That the original Agreement shall be modified by a new Paragraph 12,
which will state as follows:
Bridge Fund. In addition to the construction and installation
of the public improvements set forth on Exhibit "B", the
Developer agrees to pay County the sum of Twenty -Four Thousand
Dollars and No/Cents ($24,000.00) for the County Road and
Bridge Fund for application towards the improvement of the
Hardwick Bridge, the timing of which payment is to be determined
as follows:
Upon the occurance of the following, whichever occurs first,
the completion of all public improvements listed in Exhibit "B"
on November 1, 1985, or the issuance by Garfield County of
Certificates of Occupancy to eighteen (18) units in the project.
The County shall be entitled to draw on the Letter of Credit
upon the terms and conditions set forth in Paragraph 3 above,
if the Developer fails to pay said sums, as herein provided.
5. That the parties agree to modify the original Agreement by a new
Paragraph 13, which provides as follows:
The parties hereby stipulate and agree that the issuance
of building permits and Certificates of Occupancy for the
project is expressly conditioned upon compliance with the
terms of the Subdivision Improvements Agreement between the
parties and any amendments thereto.
BOARD OF COUNTY COMMISSIONERS
ATTEST: OF GARFIELD COUNTY, COLORADO
By:
Deputy Clerk of the Board Chairman
DEVELOPER:
Donald J. Ice
• •
AMENDMENT TO
SUBDIVISION IMPROVEMENTS AGREEMENT
THIS AMENDMENT is entered into this day of
1983 between DONALD J. ICE, hereinafter referred to as "Ice", and the
Board of County Cimmissioners of Garfield County, Colorado, hereinafter
referred to as the "County", WITNESSETH:
WHEREAS, the parties entered into a Subdivision Improvements Agree-
ment (hereinafter the "Agreement"), which Agreement was dated February
16, 1982, and recorded February 22, 1982, as Reception No. 324956 in
Book 593 at Page 292 of the records of the Clerk and Recorder of Garfield
County, Colorado; and
WHEREAS, Ice has requested that the deadlines established in
paragraph 3 of the Agreement be extended for a period of one (1) year;
and
WHEREAS, the County has agreed to extend the April 1, 1983, deadline
as contained in said paragraph 3 to May 1, 1983, in order to give Ice
and the County sufficient time to discuss and consider the terms, if
any, upon which a further extension of the deadlines contained in the
Agreement may be granted.
NOW, THEREFORE, the parties agree that the Agreement shall be and
is hereby amended by substitution of the date May 1, 1983, for the date
April 1, 1983, in the second -,sentence of paragraph 3 of the Agreement.
Except to the extent herein expressly modified and amended, the
Agreement shall be and remain in full force and effect and shall be
binding upon and inure to the benefit of Ice, his successors, legal
representative, heirs, devisees and assigns.
IN WITNESS WHEREOF, the parties have hereafter affixed their signa-
tures the day and year first above written.
STATE OF COLORADO )
COUNTY OF GARFIELD )
ATTEST:
ss
Bv:
irman, Boar. .f County Commissioners
arfield County
Q.4
Donald J. Ice
P.O. Box 640
February 22, 1982
GARFIELD COUNTY
COUNTY ATTORNEY'S OFFICE
Glenwood Springs, Colorado 81602-0640
Dan Kerst
Schenk & Kerst
Attorneys at Law
Suite 100, Village Plaza
Glenwood Springs, CO 81601
Dear Dan:
Phone 945-9158
MAR 8182
‘44 risimita
RE: River Ridge PUD - Subdivision Improvements
Agreement
Please be advised on February 16, 1982, the Chairman of the
Board of County Commissioners initialed pages two and three
and thus ratified the changes you had made in the subdivision
improvements agreement. I have now caused the original to
be recorded with the Garfield County Clerk and Recorder and
return to you. for your file, -a signed copy of the agreement.
I have also had the Chairman of the Board of County Commis-
sioners sign off on your final plat, which is now available
for recording. I have not recorded the consent to vacation
of plat, and am holding that in my file. If you have any
further questions about this, please don't hesitate to
contact me.
Very truly yours,
Earl G. Rhodes
Garfield County Attorney
EGR/tb
Enclosures
xc: Davis Farrar
CONSENT TO VACATION OF PLAT
Donald J. Ice, as owner of certain real property located in
Garfield County, Colorado, more particularly described in Exhibit "A"
attached hereto and incorporated herein by this reference, and pursuant
to Subdivision Improvements Agreement dated February 16, 1982, between
himself and the Board of County Commissioners of Garfield County,
Colorado, which agreement provides inter alia that if a letter of credit
issued by a national banking institution or a promissory note signed by
Ice, which letter of credit or promissory note shall be in a form
acceptable to the County, (which acceptance shall not be reasonably
withheld) and shall be in an amount equal to the sum of the preliminary
cost estimate for the public improvements within Phase I of the River
Ridge PUD has not been delivered on or before April 1, 1983, the
subdivision plat of the River Ridge PUD shall be vacated in its
entirety. By this instrument delivered to the County of Garfield by the
aforesaid Donald J. Ice, the consent of Donald J. Ice is hereby given to
the filing of such instruments of vacation that the County may deem
proper or advisable.
DATED this 16th day of February, 1982.
STATE OF COLORADO )
SS.
Donald J. Ice
COUNTY OF GARFIELD )
/0
Subscribed and sworn to before me this 16th day of February, 1982,
by Donald J. Ice.
Witness my hand and official seal.
My commission expires:
194-6
„n ,^, .K.!•ci .1 „ hr -Lir
Notary Public
.17\4 C.6 S/60/
SUBDIVISION IMPROVEMENTS AGREEMENT
THIS AGREEMENT, made and entered into this 16th day of
February, 1982, between DONALD J. ICE, hereinafter referred to as "Ice",
and the Board of County Commissioners of Garfield County, Colorado,
hereinafter referred to as the "County";
WITNESSETH:
WHEREAS, Ice is the owner of certain real property located in
Garfield County, Colorado, and more particularly described on Exhibit
"A" attached hereto and incorporated herein by this reference; and
WHEREAS, as a condition of approval of the final plat for the River
Ridge PUD, Ice wishes to enter into a Subdivision Improvements Agreement
with the County; and
WHEREAS, the County has required and Ice has agreed to provide
security or collateral sufficient in the judgment of the County to make
reasonable provision for completion of certain public improvements as
set forth on Exhibit "A" attached hereto, and incorporated herein by
this reference; and
WHEREAS, Ice has agreed to execute and deliver promissory notes and
deeds of trust, or a letter of credit, or such other security as the
County may hereafter accept, to the County to secure and guarantee his
performance of this agreement and has agreed to certain restrictions
regarding the issuance of building permits and certificates of occupancy
within the subdivision, all as more fully se;. forth hereinafter; and
WHEREAS, Ice intends to proceed with development of the PUD in
phases and the County has agreed to allow the phasing of the
installation of the public improvements as hereinafter provided.
NOW, THEREFORE, for and in consideration of the following mutual
covenants and agreements, the parties hereby agree as follows:
1. Ice's Performance. Ice agrees to construct and install at his
sole expense, those public improvements as set forth on Exhibit "A"
attached hereto and incorporated herein by this reference; provided that
Ice may install such improvements in phases as hereinafter provided.
Ice agrees that all of the public improvements to be completed as
identified in Exhibit "A" attached hereto shall be constructed in
compliance with the following:
(a) All final plat documents submitted prior to or at the time of
final plat approval.
(b) All laws of the United States, State of Colorado, and its
various agencies, effected special districts, and/or servicing
authorities.
(c) Such other designs, drawings, maps, specifications, sketches
and other matter submitted to and approved by any of the above
stated governmental entities.
(d) Any other provision to the contrary notwithstanding, the
street serving each respective phase in the PUD shall provide
adequate street areaat the end thereof to accommodate the
unrestricted turn around of fire trucks and other emergency
vehicle, which area shall be subject to approval by the County
prior to final acceptance of the public improvements for the
respective phase.
2. Cost of Improvements. It is understood for purposes of this
agreement that the cost of all of said public improvements, based upon
the engineered cost estimates set forth on Exhibit "B" shall be
$367,280.00, with the cost of each of the three (3) phases of
installation and construction as designated on said Exhibit "B".
3. Security for Improvements. Ice has heretofore delivered to
the County engineered plans and preliminary cost estimates for the
public improvements to be installed by Ice in connection with each phase
of development of the PUD. On or before April 1, 1983, Ice shall
deliver a letter of credit issued by a national banking institution or a
promissory note signed by Ice, which letter of credit or promissory note
shall be in a foiiu acceptable to the County (which acceptance shall not
be unreasonably withheld) and shall be in an amount equal to the sum of
the preliminary cost estimate for the public improvements within Phase I
as set forth on Exhibit "B" attached hereto. In the event a promissory
note is tendered for security, Ice shall also, at such time, execute and
deliver to the County a mortgage deed securing said promissory note and
covering such portion of the real property within Phase I as equals or
exceeds in value the cost estimates for completion of the public
improvements within such phase as contained in Exhibit "B" attached
hereto. The real property to .be described in said mortgage deed shall
be determined by mutual agreement of Ice and the County; provided,
however, for this purpose the County shall accept real property which
has a value as deteLmined by a current report of an MAI appraiser, equal
to or exceeding the cost estimate for such public improvements.
In the event Ice fails to deliver said letter of credit or
promissory note and deed of trust as above provided within the time
permitted, then the final plat for the River Ridge PUD may be vacated by
the County and in such event, all approvals of the PUD by the County
shall be deemed to have been withdrawn and rendered null and void by
such vacation and all parties shall be released from any further
obligation hereunder. Contemporaneously with the execution of this
agreement, Ice shall deliver his written consent to said vacation in the
event an acceptable letter of credit or promissory note and mortgage
deed is not delivered within the time provided, which consent shall be
binding upon Ice's legal representatives, successors, and assigns.
Completion of the public improvements within Phases II and III, as
said phases are described on Exhibit "B" attached hereto, shall be
secured by a letter of credit or promissory note and mortgage in
accordance with the provisions of this paragraph 3 above. Upon Ice
delivering to the County said letter of credit or promissory note and
mortgage to secure completion of such public improvements, Ice shall be
entitled to sell and convey lots within the phase of the PUD covered by
such security and may thereupon obtain building permits for the
construction of improvements on the lots within such phase; provided,
however, Ice shall not convey title to any of the lots within such phase
to any other party until the public improvements for such phase are
completed in accordance with this agreement. Upon delivery to the
County of adequate security for the completion of construction of
improvements within a particular phase, the County shall issue written
approval in a form recordable in the office of the Clerk and Recorder of
Garfield County, Colorado, stating that said security has been provided
and that building permits may be issued on such lots. However, the
County shall not be required to issue certificates of occupancy for any
buildings constructed within such phase until such time as all public
improvements for such phase have been accepted by the County, which
acceptance shall not be unreasonably withheld.
In the event the public improvements for Phase I are not completed
on or before September 1, 1983, the County may, at its option, exercise
those rights as contained in paragraph 4 below. Upon the completion of
the public improvements within a particular'phase, the County shall
return the letter of credit or promissory note, as applicable, marked
"Satisfied in Full", shall release the lien of its mortgage, if any,
shall acknowledge that all improvements have been completed in a
satisfactory manner and shall otherwise release its aforesaid security.
4. Notice of Deficiencies. If the County determines that the
public improvements are not constructed within the time period provided
or are not constructed in substantial compliance with the specifications
therefore, the County shall furnish Ice a list of specific deficiencies.
If such deficiencies have not been corrected within thirty (30) days
after the list is furnished to Ice, the County may draw on the letter of
credit or otherwise realize on the security held pursuant to this
agreement, such funds as may be necessary to construct the improvements
in accordance with such specifications. In such event, the amount to be
drawn or realized from such security shall be computed and liquidated to
be an amount equal to the total cost of all public improvements for the
subject phase less the costs of those items accepted by the County.
5. Substitution of Collateral. The County may, at its option,
permit Ice to substitute other collateral acceptable to the County for
the collateral originally given by Ice to secure the completion of
public improvements as hereinabove provided.
6. Improvement Sequence. Street improvements required to be
completed by Ice shall not be installed until all utilities lines to be
placed in or under the streets have been completely installed.
7. Enforcement. In addition to any rights which may be provided
by Colorado Statute, it is mutually agreed that the County or any
purchaser of a lot or unit within the PUD shall have the authority to
bring an action in the District Court of Garfield County, Colorado, to
•
compel the enforcement of this Agreement. Such authority shall include
the right to compel rescission of any sale, conveyance, or transfer of
any lot or unit contrary to the provisions of this agreement, or as set
forth on the plat of the PUD, or in any separate recorded instrument,
but any such action shall be commenced prior to the issuance of a
building permit by the County for such lot or unit.
8. Evidence of Title. Prior to the County accepting the
promissory note and mortgage deed as security for the installation of
public improvements within any phase, Ice shall deliver to the County a
title insurance commitment evidencing that fee simple title to the real
property to be covered by such mortgage is vested with Ice, free of any
and all liens and encumbrances.
9. Approval of Plat. The County agrees to approval of the final
plat of the River Ridge PUD, subject to the terms and conditions of this
Agreement.
10. Amendment. This Agreement may be amended from time to time,
provided that such amendment be in writing and signed by the parties
hereto. •
11. Bindi--g Effect. This Agreement shall be a covenant running
with the title to each lot or unit within the PUD and the rights and
obligations as contained herein shall be binding •ipon and inure to the
benefit of lce, his successors, legal representatives, heirs, devisees,
and assigns.
IN WITNESS WHEREOF, the parties have hereafter affixed their
signatures the day and year first above written.
ATTEST:
Deputy Clerk of the Board
COUNTY OF GARFIELD, STATE OF
COLORADO
By:
Chairman, Board of County
Commissioners of Garfield County
Donald J.
cc`
"h
• LEGAL DESCRIPTION
PARCEL 1
•
A tract of land situated in Lots 26 and 11, Section
35, and Lot 3, Section 36, Township 6 South, Range 89
West of the 6th P.M., and Lot 5, Section 1, Township 7
South, Range 89 West of the 6th P.M., described as
follows:
Beginning at a point on the South line of said Lot 3
whence the Southwest corner of said Section 36 bears
S. 86°33' W. 93.88 feet; thence N. 22°03' W. 312.7 feet;
thence N. 46°47' W. 545.5 feet; thence N. 42°04'
E. 137.2 feet; more or less to the high water line on
the Westerly bank of the Roaring Fork River; thence
S. 48°11' E. 445.0 feet along said high water line to
a po-nt near the Hardwick Bridge; thence S. 28°55' E.
573.6 feet, more or less, to an existing fence corner
lying Easterly of the County Road as now constructed
and in use; thence S. 30°06' E. 300.1 feet along said
fence line to the angle point in said fence; thence
S. 19°33' W. 389.90 feet along said fence to the angle
point thence S. 40°32' W. 63.7 feet`to a point in said
fence on the Westerly side of the County Road; thence
N. 11°33' W. 542.7 feet; thence N. 16' 31' W. 126.7
feet; thence N. 22°03' W. 60.4 feet to the point of
beginning.
PARCEL 2
A tract of land situated in Lot 5, Section 1, and Lot 1,
Section 2, Township 7 South, Range 89 West of the 6th
P.M., and Lots 11 and 26, Section 35, and Lot 3, Section
36, Township 6 South, Range 89 West of the 6th P.M.,
described as follows:
Beginning at a point on the South line of said Lot 3 whence
the Southwest corner of Said Section 36 bears S. 86°33'
W. 93.88 feet; thence N. 22°03' W. 312.7 feet; thence N.
46°47' W. 545.50 feet; thence S. 25°28' E. 1529.0 feet;
thence N. 70°37' E. 26.2 feet; thence N. 11°33' W.
542.7 feet; thence N. 16031' W. 126.7 feet; thence
N. 22°03° W. 60.4 feet to the point of beginning.
. EXHIBIT "B"
PRELIMINARY CONSTRUCTION COST ESTIMATE
SUMMARY
RIVER RIDGE P.U.D.
September, 1981
Phase I (Envelope Block No. 10, 11, 12, 13, 14)
+10%. Contingency
TOTAL
Phase II (Envelope Block No. 5, 6, 7, 8, 9)
+10% Contingency
$ 171,099.00
17,110.00
$ 188,209.00
$ 118,175.00
11,818.00
TOTAL $ 129,993.00
Phase III (Envelope Block No. 1, 2, 3, 4)
+10% Contingency
$ 44,616.00
4,462.00
TOTAL $ 49,078.00
PROJECT TOTAL $ 367,280.00
NOTE: Roads or streets within the PUD shall be completed in accordance with Garfield
County specifications.
PHASE I
Construction Cost Estimate for Improvement of Envelope Block No. 10, 11, 12, 13, 14
1. ROAD, PARKING AREAS, DRIVES AND DRAINAGE
ITEM
Clearing & Grubbing
6" Gravel Base
Seal and Chip
Curb and Gutter
Curb, Gutter & Sidewalk
Fill (100' wide strip along
road centerline)
Concrete Drives
UNIT UNIT PRICE
Acre
Ton
Sq.Yd.
LF
LF
Cu.Yd.
Sq.Yd.
$200.00
9.00
2.00
8.00
16.00
QUANTITY PRICE
2.3 $ 460.00
850 7,650.00
2,740 5,480.00
810 6,480.00
680 10,880.00
4.00 5,300 21,200.00
18.00 800 14,400.00
2. SANITARY SEWER SYSTEM AND TREATMENT FACILITY
ITEM
8" PVC Pipe
M Whole
Cleanout
8" PVC Pipe)
Manhole )1/3
Service Connection
Treatment Facility
cost
UNIT
LF
Each
Each
LF
Each
Each
Lump Sum
UNIT PRICE
18.00
1,000.00
8.00.00
18.00
1,000.00
150.00
50,000.00
3. WATER DISTRIBUTION SYSTEM AND STORAGE
ITEM
6" PVC Pipe w/appurtances
Fire Hydrant Assembly
Service Connection
Connection to Existing System
Pressure Test
TOTAL $66,550.00
QUANTITY
423
5
1
1,975
8
18
TOTAL
PRICE
$ 7,614.00
5,000.00
800.00
11,850.00
2,670.00
2,700.00
50,000.00
$80,634.00
UNIT UNIT PRICE , QUANTITY PRICE
LF 19.00 885 S16,815.00
Each 1,200.00 2 2,400.00
Each 150.00 18 2,700
Each 1,000.00 1 1,000.00
Each 1,000.00' 1 1,000.00
TOTAL
$23,915.00
PHASE I TOTAL $171,099.00
f'HAS E II
• •
Construction Cost Estimate for Improvement of Envelope Block No. 5, 6, 7, 8, 9
1. ROAD, PARKING AREAS, DRIVES AND DRAINAGE
ITEM UNIT UNIT PRICE QUANTITY PRICE
Clearing & Grubbing Acre S200.00 2.2 $ 440.00
6" Gravel Base Ton 9.00 490 4,410.00
Seal and Chip Sq.Yd. 2.00 1,590 3,180.00
Curb and Gutter LF 8.00 150 1,200.00
Curb, Gutter & Sidewalk LF 16.00 575 9,200.00
Concrete Drives Sq.Yd. 18.00 890 16,020.00
TOTAL 534,450.00
2. SANITARY SEWER SYSTEM AND TREATMENT FACILITY
ITEM
Service Connection
UNIT UNIT PRICE QUANTITY PRICE
Each 150.00 17 $ 2,550.00
TOTAL $ 2,550.00
3. WATER DISTRIBUTION SYSTEM AND STORAGE
ITEM
UNIT UNIT PRICE
QUANTITY PRICE
6" PVC Pipe and Appurtances LF 19.00 875 $16,625.00
Services Connection Each 150.00 17 2,550.00
Connection to Existing System Each 1,000.00 1 1,000.00
100,000 Gallon Storage Tank Lump Sum 1 60,000.00
Pressure Test Each 1,000.00 1 1,000.00
• TOTAL $81,175.00
PHASE II TOTAL $118,175.00
• •
PHASE 111
CONSTRUCTION COST ESTIMATE FOR IMPROVEMENT OF ENVELOPE BLOCK NO. 1, 2, 3, 4
1. ROAD, PARKING AREAS, DRIVES AND DRAINAGE
ITEM UNIT UNIT PRICE QUANTITY PRICE
Clearing & Grubbing Acre $200.00 1.5 $ 300.00
6" Gravel Base Ton 9.00 820 7,380.00
Seal and Chip Sq.Yd. 2.00 2,630 5,260.00
Curb and Gutter LF 8.00 400 3,200.00
Curb, Gutter and Sidewalk LF 16.00 645 10,320.00
Concrete Drives Sq.Yd. 18.00 400 7,200.00
18" 0 CSP, 16 Ga. LF 30.00 50 1,500.00
TOTAL - $35,160.00
2. SANITARY SEWER SYSTEM AND TREATMENT FACILITY
ITEM UNIT UNIT PRICE QUANTITY PRICE
8" PVC Pipe LF $ 18.00 142 $ 2,556.00
Clean Out Each 800.00 I 800.00
Service Connection Each 150.00 13 1,950.00
TOTAL $ 5,306.00
3. WATER DISTRIBUTION SYSTEM AND STORAGE
ITEM UNIT UNIT PRICE QUANTITY PRICE
Fire Hydrant Assembly Each $1,200.00 1 $ 1,200.00
Service Lines (to units) Each 150.00 13 1,950.00
Pressure Test Each 1,000.00 1 1,000.00
TOTAL $ 4,150.00
PHASE III TOTAL $44,616.00
SCHENK & KERST
ATTORNEYS AT LAW
SUITE 100, VILLAGE PLAZA
GLENWOOD SPRINGS, COLORADO MI60]
JOHN R. SCHENK
DAN KERST
WILLIAM J. DEWINTER III
Earl Rhodes
Garfield County Attorney
Garfield County Courthouse
Glenwood Springs, CO 81601
September 14, 1981
Re: River Ridge P.U.D. - Subdivision Improvmements Agreement
Dear Earl:
(303) 945-2447
Pursuant to our conference of last week I have prepared a proposed
Subdivision Improvements Agreement, promissory note and mortgage deed. I
have attempted to design the Subdivision Improvements Agreement to
cover the total development while allowing for the anticipated phasing.
The note and deed of trust are for Phase I only, with Phases II and III
to be prepared prior to the commencement of each respective phase. I
also enclose a copy of the revised final plat for your reference. I
have delivered the original mylar and copies of the Subdivision Improvements
Agreement, promissory note and mortgage deed to Davis Farrar at the
County Planning office.
Thank you for your cooperation a assistance in in this matter.
ery (truly yours,
AN/KERST
DK/b
encls.
PROMISSORY NOTE
$188,209.00 , 198
FOR GOOD AND VALUABLE CONSIDERATION, Donald J. Ice promises
to pay to the order of the Board of County Commissioners of
Garfield County, Colorado, at the Garfield County Courthouse,
Glenwood Springs, Colorado, or such other location as the Board
may from time to time direct, the sum of ONE HUNDRED EIGHTY-EIGHT
THOUSAND TWO HUNDRED NINE DOLLARS ($188,209.00), without interest
to the date of maturity.
It is agreed that this note is security for the performance
of a certain Subdivision Improvement Agreement entered into by
and between Donald J. Ice and the Board of County Commissioners of
Garfield County, Colorado on the day of
19 In the event that maker hereof completes the public improve-
ments for Phase I, pursuant to said Subdivision Improvements
Agreement, this note shall be void, and shall be cancelled
and returned to the maker.
It is further agreed that if this note or any payment due
hereunder is not paid when due or declared due hereunder, unless
otherwise provided, the principal and accrued interest thereon
shall draw interest at the rate of % per annum, and that failure
to make any payments of principal and interest, when due or any
default under any encumbrance or agreement securing this note,
shall cause the whole note to become due at once, whereupon the
interest to be counted as principal at the option of the holder
of this note. The maker hereof waives presentment for payment,
protest, notice of non-payment and of protest, and agrees to any
extension of time of payment and partial payments before, at or
after maturity, and if this note or interest thereon is not paid
when due, or suit is brought, agrees to pay all reasonable costs
of collection, including a reasonable attorney's fee. This
promissory note is secured by a mortgage deed of even date here-
with.
DONALD J. ICE
Recorded at—
Reception No
o'clock __ -- M., —_
Recorder
THIS INDENTURE, Made this day of
19 , between DONALD J. ICE
of the County of GARFIELD
and State of COLORADO , of the first part, and
THE COUNTY BOARD OF COMMISSIONERS
of the County of GARFIELD
and State of COLORADO , of the second part,
whose legal address is
Recorders Stamp
WITNESSETH: /good and adequate
That the said part of the first part, for MAU consideration latticoonak given
ANINKKbockkby the said part of the second part, the receipt
whereof is hereby acknowledged, doeshereby grant, bargain, sell and convey unto the said party of the second
part theniieirs and assigns, the following described lot or parcel of land situate, lying and being in the
County of C2rfield and State of Colorado, to wit:
also known as street and number
TO HAVE AND TO HOLD the same, together with all and singular the privileges and appurtenances thereunto
belonging forever; Provided always, that if the said party of the first part,heir heirs, executors or administrators,
shall pay or cause to be paid to the said part Yof the second part, theij eirs, executors, administrators or assigns the
said above mentioned sum, according to the tenor and effect of promissory note of even date herewith,
payable to the order of the said part of the second part,
as provided on Exhibit "A" attached hereto.
aftrrttrentate-tter ntwiIli interest -at tlll 14tt ef- -per-eerrt-per ermerrr,iertere9 e
and shall in the meantime keep and perform the covenants and agreements herein contained, then these presents
shall be null and void, otherwise remain in full force and effect.
That the said part of the first part, for sel heirs, executors and administrators, for the
consideration aforesaid, covenant and agree to and with the said part of the second part, heirs,
executors, administrators and assigns, that hold the said premises by title in fee simple; that the same are
free and clear of all liens and encumbrances, except
that will pay in due season all taxes and assessments levied on said premises, and will keep the
buildings now and hereafter erected thereon insured, for the benefit of the said part of the second part,
heirs, executors, administrators and assigns; that will pay the costs and attorney's fees incurred by said
part of the second part, heirs, executors, administrators and assigns in any foreclosure action, other suit or
proceeding, by reason hereof; and that upon default in the payment of said note or any part thereof, or any of the
interest thereon, or upon the breach of any of the covenants or agreements herein contained; this mortgage may be
forthwith foreclosed.
IN WITNESS WHEREOF, The said part of the first part ha hereunto set hand and seal
the day and year first above written.
Signed, Sealed and Delivered in the Presence of
[SEAL]
[SEAL]
STATE OF COLORADO
ss.
County of J
The foregoing instrument was acknowledged before me this
19 , by
My commission expires
day of
,19 . Witness my hand and official seal.
Notate PabIi,.
No. 11-T. MORTGAGE DEED—(Short Form).—Bradford Publishing Co., )N24-46 Stout Sheet, Denver, Colorado (573.S(t1 tt—tu- 7
r
EXHIBIT "A"
In the principal sum of $188,209.00, which note and this
mortgage deed are given to secure the full performance and com-
pletion of those public improvements for Phase I of the River
Ridge PUD as more fully set forth in and pursuant to the terms
and conditions of that certain Subdivision Improvements Agreement
entered into between Donald J. Ice and the Board of County
Commissioners of Garfield County, Colorado, on the day of
, 198 , a copy of which Agreement is re-
corded as Reception No. of the Records of the
Clerk and Recorder of Garfield County, Colorado.
SUBDIVISION IMPROVEMENTS AGREEMENT
THIS AGREEMENT, made and entered into this day of
, 1981, between DONALD J. ICE, hereinafter
referred to as "Ice", and the Board of County Commissioners of
Garfield County, Colorado, hereinafter referred to as the
"County",
WITNESSETH:
WHEREAS, as a condition of approval of the final plat for
the River Ridge PUD, Ice wishes to enter into a Subdivision
Improvements Agreement with the County; and
WHEREAS, the County has required and Ice has agreed to
provide security or collateral sufficient in the judgment of the
County to make reasonable provision for completion of certain
public improvements as set forth on Exhibit "A" attached hereto,
and incorporated herein by this reference; and
WHEREAS, Ice has agreed to execute and deliver promissory
notes and deeds of trust to the County to secure and guarantee
his performance of this agreement and has agreed to certain re-
strictions regarding the issuance of building permits and
certificates of occupancy within the PUD, all as more fully
set forth hereinafter; and
WHEREAS, Ice intends to proceed with development of the PUD
in phases and the County has agreed to allow the phasing of
the installation of the public improvements as hereinafter
provided.
NOW, THEREFORE, for and in consideration of the following
mutual covenants and agreements, the parties hereby agree as
follows:
1. Ice's Performance. Ice agrees to construct and install,
at his sole expense, those public improvements as set forth on
Exhibit "A" attached hereto and incorporated herein by this
reference; provided that Ice may install such improvements in
phases as hereinafter provided.
Ice agrees that all of the public improvements to be
completed as identified on Exhibit "A" attached hereto shall be
constructed in compliance with the following:
(a) All final plat documents submitted prior to or at the
time of final plat approval.
(b) All laws of the United States, State of Colorado,
and its various agencies, affected special districts,
and/or servicing authorities.
(c) Such other designs, drawings, maps, specifications,
sketches and other matter submitted to and approved
by any of the above stated governmental entities.
2. Cost of Improvements. It is understood for purposes of
this agreement that the cost of all of said public improvements,
based upon the engineered cost estimates set forth on Exhibit "A"
shall be $367,280.00, with the cost of each of the three (3) phases
of installation and construction as designated on said Exhibit
3. Security for Improvements. Ice has heretofore
delivered to the County engineered plans and preliminary
cost estimates for the public improvements to be installed
by Ice in connection with each phase of development of the
PUD. Prior to the the inception of each phase of construction
within the PUD, Ice shall execute and deliver a promissory
note to the County with the initial amount thereof being
equal to the sum of the preliminary cost estimate for the
public improvements within such phase, as set forth on
Exhibit "A" attached hereto. Ice shall also, prior to the
commencement of construction within any phase, executed and
deliver to the County a mortgage deed securing said promissory
note, which mortgage deed shall cover such portion of the
real property within the phase of the PUD being developed by
Ice as equals or exceeds in value the cost estimates for
completion of the public improvements within such phase as
the same are set forth on Exhibit "A" attached hereto. The
real property to be described in said mortgage deed shall be
determined by mutual agreement of Ice and the County; provided,
however, for this purpose the County shall accept real
property which has a value as determined by a current report
of an MAI appraiser, equal to or exceeding the cost estimate
for such public improvments.
Upon Ice delivering to the County said promissory note
and mortgage deed to secure completion of the public improvements
within a particular phase, Ice shall be entitled to sell and
convey lots within such phase and to obtain building permits
for the construction of improvements on the lots within such
phase. Upon Ice delivering to the County adequate security
for the completion of construction of improvements within a
particular phase, the County shall issue written approval in a
form recordable in the office of the Clerk and Recorder of Garfield
County, Colorado, stating that Ice has provided such adequate
security in that the lots within such phase may be sold and
conveyed by Ice in that building permits may be issued on such
lots. However, the County shall not be required to issue
certificates of occupancy for any buildings constructed
within such phase until such time as Ice has completed, to
the satisfaction of County, all public improvements within
such phase and extended all other necessary utilities to the
units within such phase.
In the event Ice fails to make the public improvements
secured by said note and mortgage deed, the County may, at its
option, foreclose the mortgage deed and utilize the proceeds to
complete the installation and construction of such public improve-
ments. In such event, the amount of Ice's obligation shall be
computed and liquidated to be an amount equal to the total costs
of all public improvements for the subject phase of the PUD less the
costs of those items actually accepted by the town.
Upon the completion of the public improvements within a
particular phase, the County shall return to Ice the promissory
note given by Ice in connection with such phase and shall release
the lien of its mortgage deed securing Ice's performance thereof.
4. Notice of Deficiences. If the County determines that
the improvements within any phase are not constructed in substan-
tial compliance with the specifications therefor, it shall fur-
nish Ice a list of specific deficiencies and shall be entitled
to withhold collateral sufficient to insure such substantial
compliance. If Ice has not corrected the list of deficiencies
within thirty (30) days after being furnished with such list,
the County may realize on the collateral and withdraw and employ
from the proceeds of such collateral, such funds as may be neces-
sary to construct the improvements in accordance with the specifi-
cations.
5. Substitution of Collateral. The County may, at its
option, permit Ice to substitute other collateral acceptable to
the County for the collateral originally given by Ice to secure
the completion of public improvements as hereinabove provided.
6. Improvement Sequence. Street improvements required
to be completed by Ice shall not be installed until all utilities
lines to be placed in or under the streets have been completely
installed.
7. Enforcement. It is mutually agreed that the County or
any purchaser of a lot or unit within the PUD shall have the
authority to bring an action in the District Court of Garfield
County, Colorado, to compel the enforcement of this Agreement.
Such authority shall include the right to compel recision of any
sale, conveyance, or transfer of any lot or unit contrary to the
provisions of this agreement, or as set forth on the plat of
the PUD, or in any separate recorded instrument, but any
such action shall be commenced prior to the issuance of a
building permit by the County for such lot or unit.
8. Evidence of Title. Prior to the County accepting the
promissory note and mortgage deed as security for the installation
of public improvements within any phase, Ice shall deliver to the
County a title insurance commitment evidencing that fee simple
title to the real property to be covered by such mortgage is
vested with Ice, free of any and all liens and encumbrances.
9. Approval of Plat. The County agrees to approval of
the final plat of the River Ridge PUD, subject to the terms and
conditions of this Agreement.
10. Amendment. This Agreement may be amended from time to
time, provided that such amendment be in writing and signed by
the parties hereto.
11. Binding Efect. This Agreement shall be a covenant
running with the title to each lot or unit within the PUD and
the rights and obligations as contained herein shall be binding
upon and inure to the benefit of Ice, his successors, legal
representatives, heirs, devisees and assigns.
IN WITNESS WHEREOF, the parties have hereafter affixed their
signatures the day and year first above written.
COUNTY OF GARFIELD, STATE OF COLORADO
BY:
ATTEST:
Deputy Clerk of the Board
Chairman, Board of County Commissioners
of Garfield County
Donald J. Ice
EXHIBIT "A"
PRELIMINARY CONSTRUCTION COST ESTIMATE
SUMMARY
RIVER RIDGE P.U.D.
1 September, 1981
Phase I (Envelope Block No. 10, 11, 12, 13, 14)
+10 Contingency
$ 171,099.00
17,110.00
TOTAL $ 188,209.00
Phase 11 (Envelope Block No. 5, 6, 7, 8, 9)
+10% Contingency
$ 118,175.00
11,818.00
TOTAL $ 129,993.00
Phase III (Envelope Block No. 1, 2, 3, 4)
+10 Contingency
$ 44,616.00
4,462.00
TOTAL $ 49,078.00
PROJECT TOTAL $ 367,280.00
PHASE I
Construction Cost Estimate for Improvement of Envelope Block No. 10, 11, 12, 13, 14
I. ROAD, PARKING AREAS, DRIVES AND DRAINAGE
ITEM UNIT UNIT PRICE QUANTITY PRICE
Clearing & Grubbing Acre $200.00 2.3 $ 460.00
6" Gravel Base Ton 9.00 850 7,650.00
Seal and Chip Sq.Yd. 2.00 2,740 5,480.00
Curb and Gutter LF 8.00 810 6,480.00
Curb, Gutter & Sidewalk LF 16.00 680 10,880.00
Fill (100' wide strip along
road centerline) Cu.Yd. 4.00 5,300 21,200.00
Concrete Drives Sq.Yd. 18.00 800 14,400.00
TOTAL 566,550.00
2. SANITARY SEWER SYSTEM AND TREATMENT FACILITY
ITEM UNIT UNIT PRICE QUANTITY PRICE
8" PVC Pipe LF 18.00 423 $ 7,614.00
Manhole Each 1,000.00 5 5,000.00
Cleanout Each 800.00 1 800.00
8" PVC Pipe)1/3 cost LF 18.00 1,975 11,850.00
Manhole ) Each 1,000.00 8 2,670.00
Service Connection Each 150.00 18 2,700.00
Treatment Facility Lump Sum 50,000.00 50,000.00
3. WATER DISTRIBUTION SYSTEM AND STORAGE
ITEM
UNIT UNIT PRICE
TOTAL $80,634.00
QUANTITY PRICE
6" PVC Pipe w/appurtances LF 19.00 885 516,815.00
Fire Hydrant Assembly Each 1,200.00 2 2,400.00
Service Connection Each 150.00 18 2,700
Connection to Existing System Each 1,000.00 1 1,000.00
Pressure Test Each 1,000.00 1 1,000.00
TOTAL $23,915.00
PHASE I TOTAL $171,099.00
PHASE II
Construction Cost Estimate for Improvement of Envelope Block No. 5, 6, 7, 8, 9
1. ROAD, PARKING AREAS, DRIVES AND DRAINAGE
ITEM UNIT UNIT PRICE QUANTITY PRICE
Clearing & Grubbing Acre $200.00 2.2 $ 440.00
6" Gravel Base Ton 9.00 490 4,410.00
Seal and Chip Sq.Yd. 2.00 1,590 3,180.00
Curb and Gutter LF 8.00 150 1,200.00
Curb, Gutter & Sidewalk LF 16.00 575 9,200.00
Concrete Drives Sq.Yd. 18.00 890 16,020.00
2. SANITARY SEWER SYSTEM AND TREATMENT FACILITY
ITEM
Service Connection
TOTAL $34,450.00
UNIT UNIT PRICE QUANTITY PRICE
Each 150.00 17 $ 2,550.00
TOTAL $ 2,550.00
3. WATER DISTRIBUTION SYSTEM AND STORAGE
ITEM
UNIT UNIT PRICE
QUANTITY PRICE
6" PVC Pipe and Appurtances LF 19.00 875 $16,625.00
Services Connection Each 150.00 17 2,550.00
Connection to Existing System Each 1,000.00 1 1,000.00
100,000 Gallon Storage Tank Lump Sum 1 60,000.00
Pressure Test Each 1,000.00 1 1,000.00
TOTAL $81,175.00
PHASE II TOTAL $118,175.00
• •
PHASE III
CONSTRUCTION COST ESTIMATE FOR IMPROVEMENT OF ENVELOPE BLOCK NO. 1, 2, 3, 4
1. ROAD, PARKING AREAS, DRIVES AND DRAINAGE
ITEM
Clearing & Grubbing
6" Gravel Base
Seal and Chip
Curb and Gutter
Curb, Gutter and Sidewalk
Concrete Drives
18" 0 CSP, 16 Ga.
UNIT UNIT PRICE QUANTITY
PRICE
Acre $200.00 1.5 $ 00.00
Ton 9.00 820 7, 80.00
Sq.Yd. 2.00 2,630 5, 60.00
LF 8.00 400 3, 00.00
LF 16.00 645 10, 20.00
Sq.Yd. 18.00 400 7, 00.00
LF 30.00 50 1,500.00
TOTAL $35,160.00
2. SANITARY SEWER SYSTEM AND TREATMENT FACILITY
ITEM UNIT UNIT PRICE QUANTITY P ICE
8" PVC Pipe LF $ 18.00 142 $ 2, 56.00
Clean Out Each 800.00 1 800.00
Service Connection Each 150.00 13 1,:50.00
TOTAL $ 5,06.00
3. WATER DISTRIBUTION SYSTEM AND STORAGE
ITEM UNIT UNIT PRICE QUANTITY PRICE
Fire Hydrant Assembly Each $1,200.00 1 $ 1,'00.00
Service Lines (to units) Each 150.00 13 1,:50.00
Pressure Test Each 1,000.00 1 1,500.00
TOTAL $ 4,150.00
PHASE III TOTAL $44,616.00
GARFIELD COUNTY
PLANNING DEPARTMENT
GLENWOOD SPRINGS, COLORADO 81601
2014 BLAKE AVENUE PHONE 945-8212
July 31, 1981
Don Ice
5109 154 Road
Glenwood Springs, CO 81601
Dear Don:
I am writing to inform you that River Ridge P.U.D.
final plat has been scheduled with the County Commissioners
for referral to the Planning Commission. The date has been
set for August 10, 1981 at Me P.M.
41;0 0
You or a representative should be at this meeting to
answer any questions. I will need the final plat filing fee
prior to this meeting.
Sincerely,
PLANNING DEPARTMENT
Davis S. Farrar
Planner
DSF/ld
• •
DECLARATION OF EASEMENTS, RESTRICTIONS
AND COVENANTS FOR
RIVER RIDGE PLANNED UNIT DEVELOPMENT
KNOW ALL MEN BY THESE PRESENTS:
THAT WHEREAS, DONALD J. ICE, (hereinafter referred to as the "Dec arant") is
the owner of the real property described on the Exhibit "A" attached hereto and
incorporated herein by this reference; and
WHEREAS, Declarant desires to create a project under the applicab e laws of the
State of Colorado, and of Garfield County, Colorado, and to establish ereby a plan
for the ownership in fee simple of real property estates in residentia "units" as
hereinafter defined, and to provide for the ownership, use and mainten nce of all the
remaining real property hereinafter defined and referred to as the "co on elements";
NOW, THEREFORE, Declarant does hereby publish and declare that the following
terms, covenants, conditions, easements, restrictions, uses, reservations, limit-
ations, and obligations are declared and agreed to be for the protecti
of the property, shall be deemed to run with the land, shall be a burd
to Declarant, and Declarant's successors and assigns, and to any perso
acquiring or owning an interest in the real property and improvements,
heirs, legal representatives, devisees, successors or assigns.
ARTICLE I -.DEFINITIONS
1. Association: Association means the River Ridge Homeowners
Colorado non-profit corporation, the Articles of Incorporation and By -
shall govern the enforcement and administration of this Declaration, a
of which Association shall be all of the owners of the units on the pr
n of the value
n and a benefit
or entity
their grantees,
ssociation, a
aws of which
d the members
perty.
2. Building: Building means any one of the residential buildin:s constructed
on the property.
3. Common Driveway: Shall mean the paved access and parking areas within the
project, exclusive of limited driveways.
4. Common Elements: Common elements mean all parts of the prop
installations, and facilities which are not included within any unit,
general common elements and the limited common elements.
rty, improvements,
ncluding the
5. Common Expenses: Common expenses means and includes (a) expenses of
administration operation and management, repair or replacement of the common elements;
(b) expenses declared common expenses by the provisions of this declaration or the
By -Laws of the Association; (c) all sums lawfully assessed against the owners by the
Board of Directors of the Association; and (d) expenses agreed upon as common expenses
by the members of the Association.
6. Declarant: Declarant shall mean and refer to
successors and assigns, which successors or assigns shall succeed to t
Declarant herein only by express reference hereto.
7. Declaration: Declaration means this document being the Decl
Easements, Restrictions and Covenants for River Ridge Planned Unit Dev
any and all amendments and supplements thereto, if any.
8. General Common Elements: General Common Elements mean and i
common elements except the Limited Common Elements.
9. Limited Common Elements: Limited Common Elements mean those
reserved for the exclusive use of the owner of a unit, which reservati
lished by the designation of each Limited Common Element and the unit
elusive use thereof on the plat. The surface and airspace above the p
ground designated as Limited Common Elements shall also be deemed Limi
Elements. Except as may be otherwise provided in this Declaration, ea
Common Element shall be used in connection with the particular Unit or
it is assigned to the exclusion of the use thereof by the owners of of
except by invitation.
e interest of
ration of
lopment, and
clude all
common elements
n is accomp-
aving ex-
rtions of the
ed Common
h Limited
Units to which
er Units,
• •
10. Limited Driveway: Limited driveway means the paved access and parking area
which is designated on the plat for the exclusive use of the owner of a nit.
11. Manager: "Manager" means any duly authorized property manager
appointed by the Association to implement the duties and responsibilitie
upon the Association.
employed or
incumbent
12. Mortgage: "Mortgage" means any mortgage, deed of trust or oth:r security
instrument by which a Unit or any part thereof is encumbered.
13. Mortgagee: "Mortgagee" means any person or entity named as a mortgagee or
beneficiary under any mortgage.
14. Owner: "Owner" means a person, persons, firm, corporation, pa tnership,
association, or other legal entity, or any combination thereof, includin the Declarant,
who own fee simple title to a Unit.
15. Plat: "Plat" means the final subdivision plat of the River Ridge PUD or
any phase thereof or any amendments or supplements thereto, as filed in the records
of the Clerk and Recorder of Garfield County, Colorado.
16. Project: "Project" means the property and the buildings and other improvements
now or hereafter located on the property, and all rights, easements, and appurtenances
belonging thereto.
17. Property: "Property" means the real property described on Exh bit "A"
attached hereto and incorporated herein by this reference.
18. Rules: "Rules" means rules and regulations adopted by the Ass
amended from time to time.
19. Unit: "Unit" means one individual ownership unit as described
signated for separate fee simple ownership on the plat, whether such Uni
to as a townhouse or otherwise, together with all fixtures and improveme
contained, but not including any common elements, if any, located within
Unit shall include such front yard and rear yard areas as are designated
thereof on the plat.
ARTICLE II - DIVISION OF PROPERTY INTO OWNERSHIP UNITS'
1. Division of Project: The property and the improvements to be
constructed thereon, shall be divided into fee simple estates referred t
hereinabove defined and as described on the plat. Each such estate shal
the separately designated Unit and the undivided interest in and to the
elements, if any, appurtenant to such Unit as set forth on said plat. E
shall include an undivided interest in the general common elements which
shall be designated as a fraction having as its numerator the number one
its denominator the total number of completed Units in the project.
2. Description of Unit: Every deed for the conveyance of a Unit
other instrument affecting title to a Unit may describe that Unit by the
on the plat describing such Unit, with appropriate reference to such pla
declaration or any supplement hereto as each shall appear in the records
and Recorder of Garfield County, Colorado, in substantially the followin
Unit as shown on the plat of the River Ridge PUD
appearing in the records of the Clerk and Recorder of
Garfield County, Colorado, as Reception No.
and as defined and described in the Declaration
of Easements, Restrictions and Covenants, for the River
Ridge PUD appearing in such records.
Such description shall be construed to describe the unit together w
appurtenant undivided interest in the common elements and to incorporate
incident to ownership of a unit and all limitations on such ownership as
this declaration, including all appurtenant undivided interests and all
limitations, privileges, and obligations arising under and by virtue of
of Incorporation and By -Laws of the Association.
ciation, as
and de -
is referred
is therein
the Unit. A
a part
ereafter
as units as
consist of
ommon
ch estate
interest
(1) and as
nd every
number shown
and to this
of the Clerk
fashion:
th the
all rights
described in
ights,
he Articles
• •
3. Title: Title to a unit may be held or owned by any person or entity in any
manner by which title to any other real property may be held or owned in the State of
Colorado.
4. Inseparability: No part of a Unit or of the legal rights comprising
ownership of a Unit may be separated from any other part thereof. Each Unit and the
undivided interest in the common elements appurtenant to such Unit shall always be
conveyed, transferred, gifted, devised, encumbered or otherwise affected only as a
complete unit. Any and every conveyance, transfer, gift, devise, encumbrance, or
other disposition of a Unit, or any part thereof, shall be presumed to be a con-
veyance, transfer, gift, devise, encumbrance, or disposition, as the case may be, of
the entire Unit, together with all appurtenant rights created by law or by this
Declaration.
S. Tax Assessment: Upon the recording of this declaration and the filing of
the plat for record in the office of the Clerk and Recorder of Garfield County,
Colorado, declarant shall'deliver a written notice to the Assessor of Garfield
County, Colorado, as provided by law, which notice shall set forth the descriptions
of the Units. Thereafter, all taxes, assessments, and other charges of the State or
of any political subdivision or of any special improvement district, or of any other
taxing or assessing authority, shall be assessed against and collected on each Unit,
which shall be carried on the tax books as a separate and distinct parcel for that
purpose and not on the building or property as a whole. The valuation of the common
elements shall be assessed proportionately among the Units in accordance with the
undivided interest in the common elements appurtenant to each such Unit. The lien
for taxes assessed to any owner shall be confined to his Unit and to his undivided
interest in the common elements. No forfeiture or sale of any unit for delinquent
taxes, assessments, or other governmental charges shall divest or in any way affect
the title of the other Units.
6. Leases: Any lease agreement for any Unit shall provide that the terms of
the lease shall be subject to the provisions of this Declaration and the Articles of
Incorporation and By -Laws of the Association, and that any failure by the lessee to
comply with the terms of such documents shall be a default under the lease. All
leases shall be in writing.
ARTICLE III - ASSOCIATION
1. Membership: Any person acquiring an ownership interest in a Unit other
than as a mortgagee or beneficiary under a trust deed or as a lien claimant, shall
automatically become a member of the Association. Each membership shall be appur-
tenant to and inseparable from the Unit upon which it is based, and shall be transferred
automatically by the transfer (in whatsoever form) of that Unit. No person or entity
other than an owner may be a member of the Association.
2. Voting: Any provision in this declaration to the contrary notwithstanding,
for a period of three (3) years from the date of filing of this Declaration of record,
the exclusive right to vote for election of members of the Board of Directors of the
Association or upon any Association matters shall be vested solely and exclusively in
the Declarant, provided, however, that at any time commencing at a period one (1)
year from the date of filing of this Declaration of record and prior to the lapse of
the aforesaid period of three (3) years, the Declarant may elect to terminate his
right to vote, in which event the right to vote shall rest exclusively in the owners
and hereinafter provided notice of such termination, if given, shall be in writing
and addressed to the secretary of the Association.
After the lapse of said three (3) year period, unless sooner terminated by the
Board of Directors of Declarant as herein permitted, the right to vote for election
of the Board of Directors of the Association, or upon Association matters, shall
vest exclusively in the owners. The Association shall tereupon have two (2) classes
of voting members, to -wit:
Class A : Class A members shall be all owners,
with the exception of the Declarant, and shall
be entitled to one (1) vote for each Unit owned.
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Class B : The Class B member shall be the Declarant
and shall be entitled to three (3) votes for each
Unit owned. Class B membership shall cease and be
converted to Class A membership when the total votes
outstanding in Class A membership equal the total
votes outstanding in the Class B membership.
In the event any Unit is owned by two or more persons, whether by joint tenancy,
tenancy in common or otherwise, the membership as to such Unit shall be joined, and a
single membership for such Unit shall be issued in the names of all owners, and they
shall designate to the Association, in writing at the time of issuance, one person
who shall hold the membership and have the power to vote said membership. In the
absence of such designation, the Board of Directors of the Association may designate
one of the owners as the voting member. Owners of more than one Unit shall have one
membership in the Association for each Unit owned.
3. Duties and Responsibilities of the Association: Declarant has caused the
Association to be incorporated as a Colorado non-profit corporation. Any purchaser
of a Unit shall be deemed to have assented to and ratified the designation and
authority of the Association to conduct the management of the General Common Elements
and other common aspects of the project. The Association shall have the following
duties, rights and powers:
(a) To promulgate and from time to time supplement
and amend resonable rules and regulations governing
the use of the Units and the common elements, which
rules and regulations shall be consistent with the
rights and duties established in this Declaration.
(b) To levy and make assessments, for the following
purposes:
(1) To promote the recreation, health, safety and
welfare of the owners and the residents of the
property;
(2) To pay taxes and special assessments levied
against the common elements;
(3)
To provide for care and maintenance of the
buildings, grounds, improvements and other
common elements;
(4) To pay common utility expenses, if any;
(5) To pay the premiums for all insurance which
the Association is required or permitted to
maintain;
(6) To pay wages for Association employees,
Association management expenses, legal
and accounting fees;
(7) To pay any deficit remaining from any
previous assessment period;
(8) To create a reasonable contingency reserve,
surplus and or sinking fund;
(9) To lease or purchase real or personal property
in the performance of its duties;
(10) To repair and replace the Association's
facilities, machinery and equipment;
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(11) To pay any other expenses and liabilities
which may be incurred by the Association
for the benefit of the owners under or by
reason of this declaration, its Articles
of Incorporation or By -Laws.
(c) In accordance with its Articles of Incorporation
and By -Laws, and upon the prior written approval
of a majority of the voting members, to borrow
money for the purpose of improving and or main-
taining the common elements.
(d) To enter into or upon any Unit in case of any
emergency originating in or threatening such
Unit. An owner shall permit entry into his
Unit for the purpose of performing installations,
alterations or repairs to the mechanical, electrical,
or utility services, which, if not performed
would affect the use of other Units; provided,
that requests for entry are made in advance and that
such entry is at a time convenient to the owner.
In case of an emergency, such right of entry shall
be immediate.
(e) To collect delinquent assessments by suit or other-
wise and to enjoin or seek damages from the owners
for violation of the Covenants contained herein or
the Rules as promulgated hereuner.
(f) To employ workmen, janitors and gardeners and
others; to contract for services to be performed
including those of a Manager; to purchase supplies
and equipment, and to enter into contracts and
generally to have the powers of a property manager
in connection with the matters hereinbefore set
forth, except that the Association may not encumber
or dispose of the interest of any owner except to
satisfy a lien or judgment against such owner for
violation of the owner's covenants imposed by this
Declaration.
(g) To protect and defend the project from loss and
damage by suit or otherwise.
(h) To employ counsel, attorneys, and auditors in
connection with legal matters of the Association
and audit of its books and records, which audits
shall be available to owners for inspection at
the Association office.
(i) To invest funds, if any, in the hands of the Board
of Directors of the Association in excess of
reasonable working capital needs, and to credit
income derived therefrom to owners in an equitable
manner to offset Common Expenses and other costs
described herein. Each individual owner shall be
furnished a statement of annual earnings attributable
to owners from such income received.
To file legal protests with authorities, when
requested to do so by a majority of the owners,
against the granting by authorities of zoning
or variances as to any property adjoining or
within a reasonable proximity of the project
which might affect or depreciate the value of
the owner's interest in the project.
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(k) To exercise any right or privilege given it
expressly by this declaration or by law, and
every other right, privilege, and power
reasonably to be implied from the existence of
any right or privilege given it herein or by its
Articles of Incorporation or By -Laws or reasonably
necessary to to effectuate its function and purposes.
ARTICLE IV - GENERAL AND LIMITED COMMON ELEMENTS
AND OTHER PROPERTY RIGHTS
1. Limited Common Elements and Driveways: The owner and his invitees shall
have the exclusive right to use and enjoy the Limited Common Elements and the Limited
Driveways which are appurtenant to such owner's Unit.
2. General Common Elements: Owners shall have the right to use and enjoy with
others the General Common Elements (including recreational areas but excluding
structures housing the Units and the Limited Common Elements), subject to the
Association's Rules. The Association shall have the authority to make Rules governing
the use of the General Common Elements, including but not limited to the following:
(a) To limit the number of guests of owners permitted
to use the recreational facilities.
(b) To fix reasonable admission and other fees
for the use of any recreational facility for
the benefit of owners.
(c) To suspend the voting rights and right to use
of the recreational facilities by an owner for
any period during which any assessment against
his Unit remains unpaid, and for any infraction
of the rules.
3. Delegation of Use: Any owner may delegate his right to enjoyment of the
Common Elements to the resident members of his family or his tenants or contract
purchae.ars who may reside in the Unit. Any onwer not residing in the Unit may not
use the recreational facilities.
4. Rules: The Association may promulgate and enforce reasonable rules re-
lating to the Limited and General Common Elements, including their use, maintenance,
upkeep and aesthetic appearance.
5. Nonpartitionability: The Common Elements shall be owned in common by the
Association for the common benefit of the owners as hereinabove provided, and there
shall be no judicial or other partition of the Common Elements or any part thereof,
nor shall any owner bring any action seeking partition thereof.
ARTICLE V - MAINTENANCE
1. Association's Duties: Except as hereinafter provided in this Article, the
Association shall maintain and keep in repair all of the common elements including,
without limitation, roofs, partition walls, structural supports and walls, the
exterior surfaces of the building, common utility lines, stairs, decks, landings,
fences, landscaped areas, walks, road, parking areas, and driveways and shall remove
the snow from parking areas, driveways and sidewalks, except Limited Common Elements
and driveways the removal of snow which shall be the sole responsibility of the owner
of the Unit to which any such Limited Common Element or driveway is appurtenant.
2. Owners Duties: Each owner shall maintain and keep in repair all plumbing,
sewers, drains, pipes, electrical wiring, and heating, cooling, and ventilation
facilities and systems commencing at a point where such utilities enter the Unit
together with all entry doors and frames, windows, and glass, appurtenant to the
Unit. Each owner shall also have the exclusive right and obligation, at his sole
cost and expense, to maintain, repair, and decorate the interior surfaces of the
walls, ceilings, floors, and doors forming the boundaries of this Unit and all
walls, ceilings, floors, and doors within such boundaries; provided, however, that no
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owner shall alter or enclose window openings, or door openings without the prior
written approval of the Association. An owner shall do no act nor any work that will
impair the structural soundness or integrity of the building or impair any easement
or herediment. An owner shall always keep the Limited Common Elements and Limited
Driveway appurtenant to his Unit in a clean and sanitary condition, free from trash,
garbage or other debris and shall keep the Limited Driveway and any sidewalks appurt-
enant to his Unit, free from the accumulation of snow or ice. The interior surfaces
of all windows forming a part of a perimeter wall of a Unit and the exterior surfaces
of such windows shall be cleaned or washed at the expense of each respective owner.
Damage to the interior or any part of a unit resulting from the maintenance, repair,
emergency repair, or replacement of any of the General Common Elements shall be a
Common Expense of all of the owners; unless such damage is caused by negligence or
tortious act of an owner, members of his family, his agent, employee, invitee,
licensee or tenant, in which event such owner shall be responsible and liable for all
of such damage. Maintenance and upkeep of patios, patio doors, screens, courtyards,
and other such improvements within or upon a Limited Common Element shall be the sole
responsibility of the owner of the Unit appurtenant thereto and shall not be the
responsibility of the Association.
3. Materials: The Association shall have the sole discretion in determining
the kind and type of materials to be used in all maintenance and repair work per-
formed on Common Elements, whether the same be performed by the Association or an
owner.
4. Determination of Obligation: The responsibility for the performance of any
maintenance, repair, ground care, or snow removal not expressly designated above
shall be determined by the Association. In the event any dispute should arise as to
the construction or interpretation of the foregoing sections, the determination made
by the Association shall be conclusive with regard thereto.
5. Miscellaneous: Anything contained herein to the contrary, notwithstanding,
any maintenance or repair required by reason of the wilful or negligent act of any
owner, members of his family, his agent, employees, invitees, licensees, or tenant,
shall be the sole responsibility and obligation of such owner. The Association shall
have the right to make such maintenance or repairs and recover such costs from the
owner responsible therefore.
6. Supervision: The Association shall have the right to prescribe minimum
standards with regard to an owner's performance of any maintenance or repair for
which the owner is responsible. The owner shall comply with all guidelines and
requirements prescribed by the Association in this connection, and in furtherance
hereof, the Association shall have the right to require an owner at any time to
forthwith correct any repair or maintenance deficiency then existing.
ARTICLE VI - COMMON ELEMENT EXPENSES AND ASSESSMENTS
1. Assessments. Each owner by acceptance of a deed, agrees to pay to the
Association, (1) assessments or charges, and (2) special assessments to be fixed,
established and collected from time to time as herein provided.
2. Purpose of Assessments: The assessments levied by the Association shall be
used exclusively to accomplish its purposes and for the performance of its duties as
established by this Declaration and the Articles,and By -Laws of the Association.
3. Collection of Assessments:
(a) Prepaid Assessment: The Association shall levy and collect from each owner
at the time owner purchases or acquires a unit, a sum equal to three (3) times the
original estimated monthly Common Element Expense for his Unit. Said sum may be used
by the Association as working capital, to apply against a delinquent account of an
owner, or emergency needs, and shall be refunded to the owner (except as hereinafter
provided) upon the sale or transfer of his Unit, less any amounts are then due by
said owner to the Association. Such amount may be transferred to a new owner upon a
settlement sheet adjustment between a seller and purchaser. Deficiency amounts in
any owner's account shall be promptly restored upon request to maintain an amount
equal to three (3) times the original estimated monthly Common Element Expense for
such Unit.
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(b) Due Dates. Assessments shall be due and payable on the first day of the
month or other period fixed for payment. If not paid within ten (10) days of the
date due the same shall be considered delinquent. All delinquent assessments shall
bear interest from the date of delinquence at the rate of 18% per annum, and the
Association may further assess a late charge of not more than ten ($10.00) dollars
for each month the delinquence continues. In the event it shall become necessary for
the association to collect any delinquent assessments or fees, whether by foreclosure
of a lien hereinafter created or otherwise, the delinquent owner shall pay, in
addition to the assessment and late charge and interest herein provided, all costs of
collection, including a reasonable attorney's fee and costs incurred by the Association
in enforcing payment.
(c) Insurance: Insurance premiums on units shall be equitably prorated in
proportion to the replacement cost of each unit as annually determined by the
Association.
(d) Water and Sewer: Water and sewerage charges shall be prorated among all
units based upon the number of units receiving services or upon metered consumption,
whichever method the Association deems appropriate.
(e) Expense of Electricity and Heat: Electricity and heat serving a unit or
the Limited Common Element and Driveway appurtenant to a unit, or area lights in
proximity to a unit located in common areas and wired to a unit, and the maintenance
of the equipment providing such services shall be an expense of the Unit owner. All
other expenses for electricity and heat shall be prorated in the same manner as
Common Expense as hereinafter provided.
(f)
Common Expenses: Each owner shall pay a proportionate amount of the Common
Expenses which shall be prorated in the following manner:
50% of such common expenses shall be prorated
and charged to all units equally, and the
remaining 50% shall be charged to the units in
the proportion to which the square footage
of each unit bears to the total square footage
of all completed units, exclusive of basements,
garages and attics.
Prorata adjustment will be made for Units which have not been completed for the
entire year. For the purpose of assessments Declarant shall be considered to own
only those units which have been completed but not conveyed by declarant.
(g) Owner Expenses: Each owner shall furnish and be responsible for, at his
own expense, all of the maintenance repairs and replacements within his own unit;
provided, however, such maintenance, repairs, and replacements as may be required for
the functioning of the plumbing outside of the unit and for the bringing of water,
gas and electricity to the unit shall be performed by the Association as a part of
the Common Element Expenses. Maintenance, repairs and replacements of the air
conditioning within and appurtenant to each Unit, refrigerators, ranges and other
kitchen applicances, lighting fixutres and other electrical appliances which are for
the owner's exclusive use shall be performed by and at the expense of each owner.
(h) Levy of Assessments: The Board of Directors of the Association shall,
during the first month of each calendar year, determine the estimated annual assess-
ment to be made to each owner and payable periodically during the year; provided,
however, that said assessments may be adjusted at any time if deemed necessary by
said Board of Directors of the Association. As soon as practicable after the close
of each calendar year, actual expenses shall be totaled and any overages or shortages
of actual expenses and assessments made shall then be charged or refunded to the
owner.
(i) Non -Exemption: No owner shall be exempt or relieved from payment of any
assessment or charge by waiver or suspension of the use of any of the General Common
Elements, recreational areas or by the abandonment or leasing of his unit.
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4. Special Assessments In addition to the assessments or charges authorized
above, the Board of Directors of the Association may levy special assessments for the
purpose of defraying in whole or in part the cost of any construction, or reconstruction
unexpected structural repairs or replacement of capital improvements, including the
necessary fixtures and personal property related thereto; provided that if any such
assessment exceeds $5,000.00, the same shall have the assent of not less than a
majority of the owners voting in person or by proxy at a meeting duly called for such
purpose, at which time not less than 25% of the owners shall be represented in person
or by proxy, written notice of which shall be sent to all owners of record not less
than fifteen (15) days nor more than thirty (30) days in advance of the meeting
setting forth the purpose of the meeting. For purposes of this section, the repair,
maintenance, or replacement of utility lines shall be considered capital improvements.
5. Reserve for Improvements, Repairs and Replacements. As a part of any
annual or special assessments, the Association may levy and establish in any assessment
year, a reserve fund for the maintenance, repair and replacement of Common Elements
and any improvements thereon, or for the future construction or improvement thereon.
Any funds so collected shall be designated by the Board of Directors as capital
contributions by the members thereof and shall be segregated and placed in a separate
bank account of the Association to be utilized solely for the purposes aforesaid.
6. Owners' Personal Obligation For Payment Of Assessments. The amount of any
assessment against or incurred on account of each unit, together with interest,
costs, and attorney's fees, shall be the personal and individual debt of the owner
thereof. Suit to recover a money judgment for unpaid assessments may be maintainable
by the Association, without foreclosure or waiving the lien securing same.
7. Lien For Nonpayment of Assessments. All assessments due and unpaid,
including interest thereon, shall constitute a lien on such unit superior (prior) to
all other liens and encumbrances except:
(a) Tax and special assessment liens in favor of
any governmental entity; and
(b) All sums unpaid on a first mortgage or first
deed of trust of record, including all unpaid
obligatory sums as may be provided by such
encumbrance, including additional advances,
refinance or extension of these obligations
made thereon prior to the arising of such a
lien.
To evidence such lien the Association may, but shall not be required to, prepare
a written notice setting forth the amount of such unpaid indebtedness, the name of
the defaulting owner of the unit and a description of the unit. Such a notice shall
be signed by an officer of the Association or its manager, and may be recorded in the
office of the Clerk and Recorder of the County of Garfield, State of Colorado. Such
notice shall be served on the delinquent owner by certified mail, postage prepaid,
and mailed to the address of such owner as contained in the records of the Associ-
ation. Such lien shall attach from the due date of the assessment and may be
enforced by foreclosure on the defaulting owner's unit by the Association in like
manner as a mortgage on real property. In any such foreclosure, the defaulting owner
shall be required to pay the costs and expenses of such proceedings, the costs and
expenses for filing the notice or claim of lien and all reasonable attorney's fees
incurred in connection therewith. The foreclosing party shall be entitled to the
appointment of a receiver for the subject unit. The foreclosing party shall have the
power to bid in the unit at foreclosure sale and to acquire and hold, lease, mortgage
and convey the same.
Any mortgagee holding a lien on a unit may pay any unpaid assessments payable
with respect to such unit, and upon such payment, such mortgagee shall have a lien on
such unit for the amounts paid which lien shall be of the same priority as the lien
of his encumbrance.
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8. Liability for Assessments Upon Transfer of Unit Upon payment of a reason-
able fee not to exceed ten dollars and upon the written request of any onwer or any
mortgagee, prospective mortgagee or prospective purchaser of a unit, the Association
shall issue a written statement setting forth the amount of the unpaid assessments,
if any, due in connection with the subject unit, the amount of the current periodic
assessment and the date such assessment becomes due, credit for advance payments or
for prepaid items, including but not limited to insurance premiums. Unless such
request for a statement of indebtedness is complied with within fifteen days of such
request, all unpaid assessments which become due prior to the date of making such
request shall be subordinate to the lien of the person requesting such statement.
The grantee of a unit shall be jointly and severally liable with the grantor for
all unpaid assessments up to the time of the grant or conveyance, without prejudice
to the grantee's right to recover from the grantor the amounts paid by the grantee
therefore.
ARTICLE VII - INSURANCE AND CASUALTY
1. Fire and Casualty Insurance. The Association shall obtain and maintain
insurance coverages upon the General Common Elements and upon the Association's
property against loss or damage by fire and such other hazards as are covered under
standard coverage provisions for the full insurable replacement cost of the General
Common Elements and the units with such deductible provisions relating thereto as may
be deemed desirable by the Board of Directors of the Association. Such insurance
effected shall provide that the loss thereunder shall be paid to the Board of the
Directors of the Association, or to such other escrow agent as may be designated by
the Association as insurance trustees under this Declaration. A certificate or
schedule showing the coverages of each owner's interest in the amount of the in-
surance policies shall be furnished each owner. As insurance coverages are increased
or decreased, new certificates shall be issued to owners. A determination of
replacement cost shall be made annually by one or more written appraisals to be
furnished by a person knowledgeable of replacement costs. The amounts of insurance
carried by the Association shall be updated annually if necessary in accordance with
the annual appraisal to cover current replacement cost.
Such insurance policies shall contain provisions that the insurer waives its
right to subrogation as to any claim against the Board of Directors of the Associ-
ation, its agents, employees, and owners, and providing further that the insurer
shall not be entitled to contribution if insurance is purchased by individual owners
as hereinafter permitted. Such insurance policy shall also contain a "severability
of interest" clause or endorsement which shall preclude the insurer from denying the
claim of a unit owner because of negligent acts or omissions of the Association or
other unit owners. Scope of coverage must include all other coverage in the kind and
amounts commonly required by private institutional mortgage investors for projects
similar in construction, location and use. Mortgagee endorsements shall be made when
the owner's interest is subject to an encumbrance.
In addition to the insurance maintained by the Association, owners may carry
additional insurance if they so desire for their own benefit, and at their expense,
provided that all such policies shall contain waivers of subrogation and provided
further that the liability of the carriers issuing insurance obtained by the Assoc-
iation shall not be affected or diminished by reason of any such additional insurance
carried by any owner. Insurance coverage on furnishings including carpet, draperies,
wall coverings, pictures, furniture, clothing, appliances and other items and articles
of personal property belonging to the owner, as well as public liability coverage
within each unit, shall be the sole and direct responsibility of the owner of such
unit and the Association shall have no responsibility of the owner of such unit and
the Association shall have no responsibility therefore.
In the event of destruction by fire or other casualty of 50% or more in total
value of the units in any single building situate upon the property, then repair and
re -construction of the building to its original condition prior to such casualty
shall be proceeded with by the Board of Directors of the Association unless 75% or
more of the owners in the building in which such destruction occurred cast their
ballot against the rebuilding of such building at a meeting of such owners held for
such purpose. Such meeting shall be called and held within a period of thirty (30)
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days after the fire or casualty occurs. Whenever an owner's interest is subject to
an encumbrance, his vote against rebuilding shall be subject to concurrence by the
holder of the encumbrance. If a unit is owned by more than one owner, only one vote
shall be permitted to be cast by the owners of such unit.
In the event the reconstruction and repair of any building is to be made following
any loss as aforesaid, then the Board of Directors of the Association, as insurance
trustees, in cooperation with the owners shall use the proceeds of insurance for such
purpose. In the event there is insufficient money received in settlement of the
losses claimed from the insurance carriers and a deficiency exists, then all of the
owners of units in the damaged building project shall be assessed for such deficiency
in the proportion that the insured value of each unit bears to the total insured
value of all units in the subject building, not inclusive of any additional insurance
authorized above to be carried by an owner. The funds for payment of costs of
reconstruction and repair after casualty, which shall consist of proceeds of in-
surance held by the insurance escrow agent, and funds collected by the Association
from assessments against owners, shall be disbursed in payment of such costs in the
manner then customary in the community for the disbursal of the fund of a construction
loan.
Deficiencies in amounts required to repair or replace improvements other than
units shall be considered as a Common Element Expense and prorated as provided in
this declaration.
Any reconstruction or repair must be substantially in accordance with the plans
and specifications for the original building or improvement; or if not, then according
to the plans and specifications approved by the Association and all owners of the
damaged building or improvement.
In the event the owners of the destroyed building determine by vote as aforesaid
not to proceed with rebuilding, then the proceeds from the insurance coverages
payable to the Board of Directors of the Association as insurance trustees under the
insurance policies shall be distributed unto the lien holders of the respective
owners, according to their priority and if no liens exist, to the owners whose
building has been destroyed, proportioned to the amounts of the insurable interest of
each of the owners as may have been shown in the certificates of insurance issued to
each such owner. The Association as a Common Element Expense shall then acquire from
the owners of units within the destroyed building their interests in the respective
units at their fair market value as agreed upon between the parties. In the event
the parties cannot agree, then the same shall be determined under the rules of the
American Arbitration Association. The decision of the arbitrators shall be binding
upon all parties. Amounts received by such owners from disposition of their interests
in the units shall then be distributed among the said onwers of the destroyed building
in the proportion that their respective insurable interests bear to the amount
received. The Board of Directors of the Association may then elect to raze the
building, dispose of the property, or rebuild. Each owner grants unto the Board of
Directors of the Association the exclusive power and right to file proofs of loss in
the event of any loss or damage covered by insurance and to make adjustment with
insurance carriers for any losses sustained.
The Association shall maintain comprehensive public liability insurance with
single limit coverage of not less than $500,000.00, insuring the Association and its
Board of Directors, Managers and/or agents.
The Association shall also maintain workmen's compensation insurance coverage
upon employees and such other liability insurance as the Association may deem necessary
and appropriate.
To the extent obtainable, all policies of insurance shall contain waivers of
subrogation and waivers of any defense based on invalidity arising from any act of an
owner and shall provide that such policies may not be cancelled or modified without
at least ten days prior written notice to all of the insured, including the Assoc-
iation, each owner, and each first mortgagee. Duplicate originals of all policies
and renewals thereof, together with proof of payment of premiums, shall be delivered
to any first mortgagee upon written request. All insurance policies purchased by the
Association shall be for the benefit of the Association and the owners and their
mortgagees as their interests may appear.
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ARTICLE VIII - EASEMENTS
1. Dedication: All dedicated easements shown on the plat are hereby rese ved
for the purpose or purposes intended.
2. Access: Easements are reserved for ingress and egress by pedestrian a d
vehicular traffic, over, through, and across sidewalks, paths, walks, lanes, dri eways
and parking areas, as the same may from time to time exist upon the common eleme is
as designated for such purposes.
3. Utilities: In addition to other recorded easements and specific easem nts
granted by Declarant or the Association, the property shall be subject to a blan et
easement over, across, and through the common elements to install, repair, repla e
and maintain all utilities, including, without limitation, water, sewer, gas,
electricity, telephone, and cable TV, provided that any such utility may be installed
or relocated within such easement only upon approval of the Declarant or the Asspci-
ation. Any such easements for underground utility service shall be kept clear if
all other improvements, including buildings, patios, or pavings or other improve ents
other than crossing walkways or driveways, and neither Declarant nor any utility
company using the easements shall be liable for any damage done by either of they or
their assigns, their agents, employees or servants to shrubbery, trees, flowers, or
other improvements, of the owner located on the General Common Elements covered .y
said easements.
4. Maintenance Easement: The common elements, and to the extent necessar,
the units themselves, shall be subject to an easement in the Association, including
its agents, employees, contractors, and subcontractors, for the inspection, main
tenance, repair, or replacement of common elements as provided in this declarati.n.
In addition, each unit owner shall have an easement and right of access across
the Limited Common Elements appurtenant to the other unit for purposes of maintaining,
repairing and cleaning during reasonable hours those exterior portions of the u it
belonging to such unit owner as can be reached only from the Limited Common Ele ents
appurtenant to the other unit.
5. Encroachments: If, as a result of construction, settling, overhangs
otherwise, any portion of the common elements encroaches upon a unit or units,
portion of a unit encroaches upon the common elements or upon an adjoining unit
units, a valid easement for the encroachment and for the maintenance of same, s
as it stands, shall and does exist. Such encroachments and easements shall not
considered or determined to be an encumbrance either on the common elements or
the units for the purpose of marketability of title or other purposes.
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6. Miscellaneous: The above and foregoing easements and covenants are i teded
and hereby are declared to run with the land and to be appurtenant to the units and
each of them.
7. Creation: All conveyances of units hereafter made, whether by the de larant
or otherwise, shall be construed to grant and reserve such reciprocal easements as
shall give affect to the preceding sections of this article, even though no spe ific
reference to such easements appear in the conveyance.
ARTICLE IX - MORTGAGES
1. Mortgaging a Unit: Any owner shall have the right from time to time o
mortgage or encumber his interest by deed of trust, mortgage or other security
instrument; provided, that any such lien interest shall be subject to the provi.ions
of this declaration.
2. Entitlements of Mortgagees: Any holder of a first mortgage on a unit
shall, upon request, be entitled to:
(a) Inspect the books and records of the Association
upon reasonable advance request, during normal
business hours; and
• •
(b) Receive an annual financial statement of the
Association within 90 days following the end
of any fiscal year; and
(c) Receive written notice of all meetings of the
Association and be permitted to designate a
representative to attend all such meetings.
2. Notice: In the event that there shall be any damage or destruction to a
unit which exceeds $1,000.00 or any damage or destruction to a common element which
exceeds $10,000.00, then notice of such damage or loss shall be given by the Assoc-
iation to each first mortgagee of a unit or appurtenant common element so damaged.
Subject to the applicable provision of this declaration regarding insurance coverage,
no owner shall be entitled to priority over any first mortgagee of a unit with respect
to dis-tribution of any insurance proceeds in regard to such unit.
3. Condemnation Notice: If any unit or portion thereof or the common elements
or any portion thereof is made the subject matter of any condemnation or eminent
domain proceeding or is otherwise sought to be acquired by any condemning authority,
then the holder of any first mortgage on a unit will be entitled to timely written
notice of any such proceeding or proposed acquisition. No owner of any unit or any
other party shall be entitled to priority over any holder of a first mortgage on any
such unit in the distribution of the proceeds of any award or settlement in regard to
such unit.
ARTICLE X - USE LIMITATIONS
1. Use: All of the General Common Elements shall be used for residential
purposes, recreational facilities in conjunction with said residential use, and for
maintenance and administration of the residential units and recreational facilities
contained thereon. All buildings or structures erected upon the property shall be of
new construction and no buildings or structures shall be moved from other locations
onto the property. No structures of a temporary character, trailer, tent, shack,
garage, barn or other outbuildings shall be placed on any portions of the property.
2. Temporary Use by Declarant. Notwithstanding any provisions herein contained
to the contrary, it shall be expressly permissible for declarant to maintain upon the
property during the period of construction and sale of said units, such facilities as
in the sole opinion of declarant may be reasonably required, convenient or incidental
to the construction and sale of said units, including, but not limited to, a business
office, storage area, construction yards and structures, construction trailer,
signs, model units and sales office.
3. Prohibition Against Partition. No owner shall institute or prosecute any
action for partition of the General Common Elements and each owner hereby expressly
waives such right by acceptance of a conveyance of such interest to him.
4. Household Pets: No animals, livestock or poultry of any kind shall be
raised, bred or kept on the property except that dogs, cats or other household pets
may be kept provided that they are not kept, bred or maintained for any commercial
purpose, and shall be subject to the Rules of the Association and any governmental
ordinances or laws. Dogs shall be leashed at all times when outside a unit of an
owner and the pet owner shall confine his dog for excretion to the Limited Common
Element appurtenant to the onwer's unit. Pets constituting a nuisance may be ordered
by the Association to be kept within the unit of the owner or ordered expelled from
the project.
5. Advertising: No advertising signs, for sale signs, billboards, unsightly
objects, or nuisances shall be erected, placed or permitted to remain on the property
nor shall the same be used in any way for any purpose which may endanger the health
or unreasonably disturb the owners of any units or any residents thereof; provided,
however, the foregoing covenants shall not apply to the business activities, signs
and billboards, or the construction and maintenance of buildings, if any, of declarant,
during the original construction and sale period, and provided further that one sign
of not more thatn five (5) square feet and containing the words "For Sale" or "For
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• •
Rent may be placed on any unit. The Association may erect such billboards or
notices as it deems desirable in conjunction with its administraction of the
community and the providing and advertising of recreational and other activities for
the benefit of the residents therein.
6. Personal Business: No business activities of any kind whatsoever shall be
conducted in any building or in any portion of the property. This restriction shall
not be construed in such a manner as to prohibit an owner or occupant from: (a)
maintaining his personal or professional library therein; (b) keeping his personal
business or professional records or accounts therein; or (c) handling his personal
business or professional telephone calls or correspondence therefrom. Such uses are
expressly declared customarily incidental to the principal residential use and not
in violation of this paragraph.
This covenant shall not apply to the business activities if any, of declarant
during the original construction and sales period.
7. Planting or Gardening - Fences, Hedges or Walls. Except in the Limited
Common Element appurtenant to a specific unit, no planting or gardening shall be done
unless otherwise designated by the Association. No fences, hedges or walls shall be
erected or maintained upon the property except such as are installed in accordance
with the initial construction of the buildings located thereon or as approved by the
Association.
8. Antennas. Without prior written approval of the Association, no exterior
television, radio, or other antennas of any sort shall be placed, allowed or maintained
upon any portion of the property or improvements thereon.
9. Exterior Lights. All exterior lights and light standards shall be approved
by the DCC for harmonious development and prevention of lighting nuisances.
10. Negligent Acts. In the event that the need for any maintenance or repair
to the General Common Elements or Limited Common Elements is caused through the
willful or negligent act of an owner, his family, guests or invitees or lessees, the
cost of such maintenance or repairs shall be added to and become a part of the next
assessment to which such owner is subject, and shall be subject to the lien privileges
as provided herein.
11. Unsightly Objects. Refuse piles, tools, equipment, automobile parts, or
other unsightly objects or materials shall not be placed, stored or allowed to remain
upon the property, including the Limited Common Elements. The Association shall have
the right to enter upon siad Limited Common Elements and remove such refuse piles or
other unsightly objects or materials at the expense of the owner and such entry shall
not be deemed a trespass upon automobiles or vehicles of any kind, except as here-
inafter provided, shall not be stored or parked on the property. "Unused vehicle"
shall be defined as any vehicle which is inoperable, unliscensed or does not bear a
current Colorado Safety Inspection Sticker. A written notice describing the "unused
vehicle" and requesting removal thereof may be personally served upon the owner or
placed on windshield or other conspicuous place on such vehicle, and if such vehicle
has not been removed within seventy-two (72) hours thereafter, the Association shall
have the right to remove the same without liability to it, and the expense thereof
shall be charged against the onwers of such vehicle. If such owner shall be a member
of the Association, the cost thereof shall be added to the next assessment to which
such owner is subject.
12i Garage Doors: Garage doors are to be kept closed at all times except when
in immediate use for ingress and regress of automobiles, equipment and the like.
13. Parking: All parking spaces shall be used for the parking of automobiles
and pick up trucks not exceeding 3/4 ton in weight only. All such vehicles shall be
operative, shall be currently licensed and shall bear a valid safety inspection
sticker issued by the State of Colorado. Vehicles shall be moved at the request of
the Association to facilitate snow removal and cleaning. No recreational vehicles
shall be parked on the property without the express written consent of the Assoc-
iation.
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14. Mail Recptacles. No individual mail receptacles shall be allowed. Mail
receptacles shall be provided by the Association and shall be located on the property
as determined by the Board of Directors.
15. Prohibitions. Nothing shall be done or kept in any unit or in any portion
of the property which would result in the cancellation of the insurance on the
project or any part thereof. No use shall be made of any unit or any portion of the
project prohibited by the laws of the United States, the State of Colorado, or local
ordinance. No noxious destructive, offensive or other disruptive activity shall be
carried on upon the property or within the units, which may be, or may become, an
annoyance or nuisance to the neighborhood or which may detract from the residential
value, reasonable enjoyment and quality of the units upon the property.
16. Garbage and Refuse Disposal. No part of the property may be used or
maintained as a dumping ground for rubbish, trash, garbage or other waste and the
same shall be disposed of in a prompt and sanitary manner, as may be established by
the Association. All containers or other equipment for the storage or disposal of
garbage and trash by any owner shall be kept in a clean and sanitary condition and
shall be kept enclosed within the garage or upon the Limited Common Element of such
owner, out of view from other units and the streets and sidewalks of the project
except during days designated by the Association for pickup and disposal. The
burning of trash in outside incinerators, barbeque pits or the like is prlmhlibited, it
being intended that all refuse, trash, garbage and the like shall be hauled away.
17. Removal of Trees. The removal of trees, shrubs, and other improvements
from the property shall be prohibited without the express approval of the Association.
18. Rules and Regulations. No owner, nor the family or guests of any owner,
shall violate the rules and regulations for the use of his Unit and of the common
elements as may from time to time be adopted by the Association. The Association is
expressly empowered to adopt and promulgate such rules and regulations as it may,
from time to time, deem necessary or desirable to regulate the use and activities
upon the property in a manner consistent with the purposes of this Declaration.
ARTICLE XI - ARCHITECTURAL CONTROL
1. Restrictions. No building, storage structre, awning, fence or other structure,
shall be erected, placed or altered on the property until the plans and specifications
showing the nature, kind, shape, height, materials, and location of such have been
submitted to and approved in writing as to guality of workmanship and materials, and
conformity and harmony of exterior design with existing structures and as to location
with respect to existing buildings, topography and finished ground elevation, by a
committee (hereinafter the "Architectural Committee") designed by the Association,
nor shall interior changes in a unit of a structural nature be permitted prior to the
approval of said committee.
2. Approval. If the said committee fails to approve or disapprove such design
and location within thirty (30) days after said plans and specifications have been
submitted to and duly received by the Association for consideration by the committee,
such approval will be deemed to have been given. When an application has been
disapproved the owner shall not make another similar application for a period of six
(6) month from the date of disapproval.
3. Committee Address. All plans and specifications which must be submitted in
writing for approval hereunder shall be submitted to said committee at the following
address:
River Ridge Homeowners Association
Architectural Committee
5109 Road 154
Glenwood Springs, CO 81601
or to such other address as may hereafter be given in writing to the owners by the
Association or by said committee.
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• •
4. Appeal. In the event any owner is aggrieved by the action taken by the
Architectural Committee, he may appeal such action to the Board of Directors of the
Association. The Board of Directors may:
(a) Reverse or modify the action of the
Architectural Committee.
(b) Return the same to the Architectural
Committee for further action.
(c) Or, affirm such action.
Appeal must be taken in writing to the Board of Directors within fifteen (15) days
following the decision of the Architectural Committee. The Board of Directors shall
take action on the appeal within thirty (30) days from date of lodging of the appeal.
Failure of the Board of Directors to act within such period of time shall be deemed
an affirmation of the action of the Architectural Committee.
5. Compensation. Members of such Architectural Committee shall not be entitled
to any compensation for services performed.
6. No Liability. Neither the Board of Directors nor the Architectural
Committee shall be liable in damages to any owner by reason of any action, failure to
act, approval, disapproval or failure to approve or disapprove, with regard to any
request hereunder.
ARTICLE XII - MECHANIC'S LIEN RIGHTS
No labor performed or materials furnished for use in connection with any unit
with the consent or at the request of an owner, his agent or sub -contractor shall
create any mechanic's lien or right to file a Statement of Mechanic's Lien against
the unit of any other owner, or against any interest in the common elements except as
to the undivided interest therein appurtenant to the unit of the owner for whom such
labor shall have been performed or materials furnished. Each owner shall indemnify
and hold harmless each of the other owners from and against all liability arising
from the claim of any lien against the unit of any other owner or against the common
elements for construction performed or for labor, materials, services or other
products incorporated in an owner's unit at such owners consent or request.
ARTICLE XIII - CONDEMNATION
1. Condemnation of Whole of the General Common Elements. In the event of a
proceeding in condemnation of all of the General Common Elements by any governmental
authority authorized to do so, then the proceeds from such condemnation or of any
sale in lieu of or in evidence thereof, shall be distributed to the Association for
appointment among all the owners based upon the insured certificate value of each
unit as a proportion of the insured certificate values of all units applied against
the total of the proceeds received from such condemnation.
2. Partial Condemnation. In the event of a partial condemnation by any
governmental authority authorized to do so of a portion of the General Common
Elements other than a building in which a unit is housed, then the proceeds from such
partial condemnation, or of any sale in lieu of or in evidence thereof, of the
General Common Elements shall be distribed to the Association for apportionment to
all of the owners based upon the insured certificate value of each unit as a proportion
of the insured certificate values of all units applied against the total of the
proceeds received from such condemnation.
If a building in which a unit is housed is condemned, then the proceeds of any
such condemnation, or of any sale in lieu of or in evidence thereof, shall be
distributed to the Association for apportionment among the owners in the building
which has been condemned, based upon the insured certificate value of each unit
within the building as a proportion of the insured certificate values of units within
said building applied to the total proceeds from such condemnation.
3. Lien Holders. If, when a condemnation occurs, a unit is subject to an
encumbrance, then the proceeds due owner by reason of such condemnation shall, to the
extent of such encumbrance, be paid to the holder of the encumbrance. Any amount in
excess of that required to clear the encumbrance shall be paid to owner.
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• •
ARTICLE XIV - REVOCATION OR AMENDMENT TO DECLARATION
1. Change in Ownership Percentage. The undivided interest in the general
common elements shall be changed periodically upon the filing of a supplementary plat
and the undivided interest of each unit owner shall be designated thereon by a
fraction having as its numerator the number one (1) and as its denominator the total
number of completed units within the project. The limited common element interest of
a unit owner as designated on the plat shall not change without the prior written
consent of the unit owner and the first mortgagees having an interest therein.
2. Revocation or Amendment. This Declaration may be amended or revoked by a
vote of owners representing not less than 75% of the units. Whenever an owner's
interest is subject to an encumbrance, his affirmative vote shall be included in said
required percentage only upon concurrence of the holder of the encumbrance. Such
amendments shall be effective only upon the recordation of the certificate setting
forth the amendment signed by the owners and the holders of encumbrances representing
not less than 75% of all the units. No amendments to this Declaration shall be in
conflict with the laws of the State of Colorado. Any provision in this section to
the contrary notwithstanding so long as the Declarant remains the onwer of any unit
in this project, the Declarant shall have the absolute right to amend this Declaration
in order to comply with any standard, guideline, rule, or requirement now or here-
after established in connection with the financing requirements of the Federal
National Mortgage Association (FNMA) or the Federal Home Loan Mortgage Company
(FHLMC). Any amendment or revocation of this Declaration shall be recorded.
3. Duration. The separate ownership estates created by this Declaration and
the plat shall continue until this Declaration is revoked or terminated in the manner
hereinabove provided.
ARTICLE XV - GENERAL PROVISIONS
1. Enforcement. The Association, or any owner, shall have the right to enforce,
by any proceeding at law or in equity, for injunctive relief, damages, or both, all
restrictions, conditions, covenants, reservations, liens and charges, now or here-
after imposed by the provisions of this Declaration or any rules and regulations
promulgated by the Association. All costs and expenses of enforcement proceedings by
the Association, including reasonable attorney fees, shall be taxed to the owner
against whom such proceedings are instituted. All such costs shall be a lien in
favor of the Association against the or unit of the onwer and may be collected
in the same fashion as assessments. Failure by the Association, or by any owner to
enforce any covenant or restriction herein contained shall in no event be deemed a
waiver of the right to do so thereafter.
2. Severability. If any clause or provision of this Declaration is determined
to be illegal, invalid, or unenforceable under present or future laws, all other
terms and provisions hereof shall nevertheless remain in full force and effect.
3. Management Agreement. The Association shall have the right to employ a
qualified person to manage the project or to otherwise provide management services,
provided that the term of any such contract shall be terminable by the Association
upon 30 days prior written notice.
4. Indemnification. The manager, employees of the Association and each director
and officer of the Association shall be indemnified by the Association against all
expenses and liabilities, including attorney's fees, reasonably incurred by or imposed
upon them in connection with any proceeding to which they may be a party, or in which
they may become involved, by reason of being or having acted as such upon behalf of
the Association, provided that this indemnification shall not apply if the said
person is adjudged guilty of willful misfeasance or malfeasance in the performance
of his duties; provided further that in the event of a settlement, the indemnification
herein shall apply only when the Board of Directors of the Association approves such
settlement and reimbursement as being for the best interest of the Association. The
foregoing rights of indemnification shall be in addition to and not exclusive of all
other rights to which such person may be entitled.
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• •
S. Limitation Upon Liability of Association. Notwithstanding the duty of the
Association to maintain and repair parts of the General Common Elements, the Assoc-
iation shall not be liable for injury or damage, other than the normal cost of
maintenance and repair, caused by any latent condition of the property to be main-
tained and repaired by the Association or by the conduct of other owners or persons
or by casualties for which provision is not specifically made.
6. Claims. No claim or cause of action shall accrue in favor of any person in
the event of the invalidity of any covenant or provision of this Declaration or for
failure of the Association or Declarant to enforce any covenant or provision hereof.
This section may be plead as a full bar to the maintenance of any suit or action
brought in violation of the provisions of this section.
7. Mailing of Notices. Each owner shall register his mailing address with the
Association and all notices or demands intended to be served upon any owner shall be
sent by either registered or certified mail, postage prepaid, addressed in the name
of the onwer at such mailing address. Any notice referred to in this Section shall
be deemed given when deposited in the United States Mail in the form provided for in
this section.
8. Captions. The captions herein are inserted only as a matter of convenience
and for reference, and in no way define, limit or describe the scope of this Declaration
nor the intent of any provision hereof.
9. Gender. The use of the masuline gender in this Declaration shall be deemed
to refer to the feminine gender and the use of the singular shall be deemed to refer
to the plural, and vice, versa, whenever the context so requires.
SIGNED this �S' day of k�
STATE OF COLORADO )
) ss.
COUNTY OF GARFIELD )
, A.D. 198/ .
Donald J. Ice
Subscribed and sworn to before me this . g day of
by Donald J. Ice.
Witness my hand and official seal.
My commission expires:
c
Notary Public
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, A.D. 198/ ,
EXHIBIT "A"
t
LEGAL DESCRIPTION
PARCEL 1
A tract of land situated in Lots 26 and 11, Section
35, and Lot 3, Section 36, Township 6 South, Range 89
West of the 6th P.M., and Lot -5, Section 1, Township 7
South, Range 89 West of the 6th P.M., described as
follows:
Beginning at a point on the South line of said Lot 3
whence the Southwest corner of said Section 36 bears
S. 86°33' W. 93.88 feet; thence N. 22°03' W. 312.7 feet;
thence N. 46°47' W. 545.5 feet; thence N. 42°04'
E. 137.2 feet; more or less to the high water line on
the Westerly bank of the Roaring Fork River; thence
S. 48°11' E. 445.0 feet along said high water line to
a po-nt near the Hardwick Bridge; thence S. 28°55' E.
573.6 feet, more or less, to an existing fence corner
lying Easterly of the County Road as now constructed
and in use; thence S. 30°06' E. 300.1 feet along said
fence line to the angle point in said fence; thence
S. 19°33' W. 389.90 feet along said fence to the angle
point thence S. 40°32' W. 63.7 feet to a point in said
fence on the Westerly side of the County Road; thence
N. 11°33' W. 542.7 feet,; thence N. 16° 31' W. 126.7
feet; thence N. 22°03' W. 60.4 feet to the point of
beginning.
PARCEL 2
A tract of land situated in Lot 5, Section 1, and Lot 1,
Section 2, Township 7 South, Range 89 West of the 6th
P.M., and Lots 11 and 26, Section 35, and Lot 3, Section
36, Township 6 South, Range 89 West of the 6th P.M.,
described as follows:
Beginning at a point on the South line of said Lot 3 whence
the Southwest corner of Said Section 36 bears 5. 86°33'
W. 93.88 feet; thence N. 22°03' W. 312.7 feet; thence N.
46°47' W. 545.50 feet; thence S. 25°28' E. 1529.0 feet;
thence N. 70°37' E. 26.2 feet; thence N. 11°33' W.
542.7 feet; thence N. 16°31' W. 126.7 feet; thence
N. 22°03' W. 60.4 feet to the point of beginning.
The above described parcels also being all of the real
property described as the River Ridge PUD on plat thereof
recorded as Reception No. of the records of the
Clerk and Recorder of Garfield County, Colorado.