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HomeMy WebLinkAbout1.0 Application• GARFIELD COUNTY Building & Planning Department 108 8th Street, Suite 201 Glenwood Springs, Colorado 81601 Telephone: 970.945.8212 Facsimile: 970.384.3470 www.garfield-county.com • RECEIVED MAR 0 7 2005 GARFIELD COUNTY BUILDING & PLANNING Subdivision Application Form ➢ Subdivision Name: GENERAL INFORMATION (To be completed by the applicant.) Valley View Village, Lot 46 Building L ➢ Type of Subdivision (check one of the following types): Sketch Plan Preliminary Plan Final Plat X ➢ Name of Property Owner (Applicant): Darter, LLC ➢ Address: 786 Valley Court ➢ City: Grand Junction State: Co Telephone: 970-523-5555 Zip Code: 81505 FAX: 970-523-0103 ➢ Name of Owner's Representative, if any (Attorney, Planner, etc): David McConaughy, Leavenworth & Karp, P.C. 201 14th Street, Suite 200 ➢ Address: P.O. Drawer 2030 Telephone: 970-945-2261 ➢ City: Glenwood Springs State: Co Zip Code: 81602 FAX: 970-945-7336 ➢ Name of Engineer: Ron Weidler, High County Engineering ➢ Address: 1517 Blake Ave. , #101 ➢ City: Glenwood Springs Telephone: 970-945-8676 State: co Zip Code: 81601 _ FAX: 970-945-2555 ➢ Name of Surveyor: High County Engineering ➢ Address: 1517 Blake Ave., #101 ➢ City: Glenwood Springs State: Co ➢ Name of Planner: Land Design Partners ➢ Address: 918 Cooper Ave. Telephone:970-945-8676 Zip Code: 81601 _ FAX: 970-945-2555 Telephone: 970-945-2246 ➢ City: Liam/acid_ Springs State: _L__ Zip Code: 816o1 FAX: 970-945-406C GENERAL ➢ Location of Property: Section > Practical Location / Address Angelica Circle, Parachute INFORMATION 18 Township of Property: 0031,_ continued... 7 South Range 95 West 0033, 0035 003700391 0041 (Battlement Mesa), CO > Current Size of Property to >.Number of Tracts / Lots Created > Property Current Land Use 1. Property's Current 2. Comprehensive Plan Proposed Utility Service: > Proposed Water Source: > Proposed Method of Sewage ➢ Proposed Public Access > Easements: Utility: Ditch: ➢ Total Development Area be Subdivided (in within the Proposed Designation: Zone District: acres): Subdivision: MDR 1 Map Designation: Battlement Mesa Study Area 3 Consolidated Metropolitan District Disposal: Sanitary Sewer System VIA: valley view 50' private accesses utility Drive access ingress, egress, emergency and drain ge easement (fill in the appropriate boxes below): (1) Residential Units / Lots Size (Acres) - Parking Provided Single -Family Duplex Multi-Family 6 units yes Mobile Home Total Floor Area (sq. ft.) Size (Acres) Parking Provided (2) Commercial (3) Industrial (4) Public / Quasi-Public (5) Open Space / Common Area Total > Base Fee: Sketch Plan - $325.00; Prelim Plan - $675.00; Final Plat - $200 paid on D Plat Review Fee (see attached fee schedule) 2 LOYAL E. LEAVENWORTH SANDER N. KARP DAVID H. McCONAUGHY JAMES S. NEU JULIE C. BERQUIST-HEAT EDWARD B. OLSZEWS SUSAN W. LAATSCH NICOLE D. GARRIMONE ANNA S. ITENBERG MICHAEL J. SAWYER TERESA L. HOCK CASSIA R. FURMAN LEAVENWORTH & KARP, P.C. ATTORNEYS AT LAW 201 14' STREET, SUITE 200 P. O. DRAWER 2030 GLENWOOD SPRINGS, COLORADO 81602 phone: (970) 945-2261 imile: (970) 945-7336 crf@lklawfirm.com CEIV MAR 01 2005 Vg2t311 arch 7, 2005 Mark Bean, Director Garfield County Building and Planning Department 108 Eighth Street, Suite 201 Glenwood Springs, CO 81601 DENVER OFFICE:* WAZEE EXCHANGE BUILDING 1900 WAZEE STREET, STE. 203 DENVER, COLORADO 80202 Telephone: (303) 825-3995 Facsimile: (303) 825-3997 *(Please direct all correspondence to our Glenwood Springs Office) Re: Valley View Village Condominiums, Buildings L and H Final Plats Dear Mr. Bean: Enclosed please find the final plats for Valley View Village Condominiums, Building L ("Building L Final Plat") and Building H as well as the County's Subdivision Application Form for each building and a check in the amount of $400.00. As Building L is the first condominium building constructed in Valley View Village, we are also providing the Supplemental Declaration of Covenants, Conditions, and Restrictions for Valley View Village Subdivision for Valley View Village Condominiums (the "Declaration"). We are submitting paper copies of the final plats for your review and approval. Signed originals of all the documents will follow when the County approves the format. From discussions with County staff, we are under the impression that Garfield County does not receive many applications for condominium projects. The primary difference between a condominium and a townhome is that condominium owners own only the airspace within their units. All building features are considered common elements, and the declaration for a condominium must allocate to each unit a percentage of the undivided interests in such common elements and in the common expenses of the association. C.R.S. §38-33.3-207(a). Pursuant to this mandate, the common elements shown on the Building L Final Plat are defined in the Declaration. Since the organizational structure of the Valley View Village associations is rather complex, we would like to take this opportunity to outline the project background in the hopes it will facilitate the County's review of the plat and Declaration. The Valley View Village Master Association is a sub -association of the Battlement Mesa Service Association. The Master Association owns and maintains such common elements in the Subdivision as exist for the use and enjoyment of all Subdivision residents. Among other thins2it will maintain internal roads and open space. All single-family home, townhome, and I:\2005\Clients\Grace-1238\Letters\Bean-l.npd LEAVENWORTH & KARP, P.C. Page 2 March 7, 2005 condominium owners are members of the Master Association. Each home is considered a unit for the purposes of Master Association membership and shall be assessed dues proportionately. The Valley View Village Townhome Association functions as a sub -association of the Battlement Mesa Service Association and Valley View Village Master Association but also operates as an independent organization charged with owning and maintaining certain common elements for Lot 46 designated in the Townhome Declaration. The Condominium Association is a sub -association to the Battlement Mesa Service Association, the Master Association, and the Townhome Association. It also operates as an individual entity. Condominium owners are members of the Townhome Association for the p •• • •• • : . General Common Eleme lts. The Townhome Association will charge all townhome and condominium owners a pro rata share for expenses associated with the General Common Elements. The Condominium Association will charge condominium owners for costs relating to the condominium buildings. Please do not hesitate to contact our office if you have any questions regarding this submittal. Very truly yours, LEAVENWORTH & KARP, P.C. Cassia R. Furman Enclosure Valley View Village Building L and Building H Final Plats, Declaration, subdivision application forms, check cc: Terry Lawrence Carolyn Dahlgren, Assistant County Attorney I:\2005\Clients\Grace-1238\Letters\Bean-I.wpd SUPPLEMENTAL DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR VALLEY VIEW VILLAGE SUBDIVISION FOR VALLEY VIEW VILLAGE CONDOMINIUMS THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR VALLEY VIEW VILLAGE CONDOMINIUMS is made and entered into this day of , 2005, by DARTER, LLC ("Declarant"). RECITALS WHEREAS, Declarant is the owner of Lot 46, Valley View Village, according to plat recorded in the office of the Clerk and Recorder of Garfield County, Colorado on December 16, 2003 as Reception No. 643048 except Building M ("Lot 46"); and WHEREAS, Lot 46 will include six -unit, multi -family residential buildings (the "Condominiums); and WHEREAS, the Condominiums are a part of the larger Valley View Village Subdivision (the "Subdivision"); and WHEREAS, a Master Declaration of Covenants, Conditions and Restrictions for the Subdivision was recorded in the office of the Clerk and Recorder of Garfield County, Colorado on December 16, 2003 at Book 1546, Page 979, Reception No. 643048 (the "Master Declaration"), and a Supplemental Declaration of Covenants, Conditions and Restrictions for Valley View Village Subdivision for Valley View Village Townhomes was recorded in Book 1630 at Page 263 as Reception No. 661556 (the "Townhome Declaration"); NOW, THEREFORE, Declarant hereby declares Covenants, Conditions, Restrictions and Easements to be imposed on and for the benefit of Valley View Village Condominiums and in furtherance of the purposes stated below, Declarant makes the following declarations: ARTICLE I GENERAL PURPOSE OF COVENANTS 1.1 Purpose. This Declaration of Covenants, Conditions and Restrictions (hereinafter "Covenants") shall govern and be applicable to that certain real property located within Garfield County, Colorado, as more particularly described on the Final Plat for Valley View Village Condominium Building recorded as Reception No. in the office of the Garfield County Clerk and Recorder (the "Property"), which Final Plat is incorporated herein by reference. It is the intention of the Declarant, expressed by its execution of this instrument, that the lands within the Property be developed and maintained as a highly desirable affordable scenic residential area. It is the purpose of these Covenants to preserve the present natural beauty and character of the Property along with the views and setting of the Property to the greatest extent I: \2004\Clients\Grace-1238\Covenants-V V V -Condo -2. wpd -1- reasonably possible, and the units therein shall always be protected as much as possible with respect to uses, structures, landscaping, and general development as permitted by this instrument. 1.2 Incorporation of Master Declaration. The Master Declaration recorded as set forth above is hereby incorporated by reference to the extent that its provisions relate to the Condominiums. 1.3 Defined Terms. Each capitalized term not otherwise defined in these Covenants shall have the meaning specified or used in the Colorado Common Interest Ownership Act, Sections 38-33.3-101 et seq., Colorado Revised Statutes, as it may be amended from time to time (the "Act"). 1.4 Association Name. The name of the Association is the "Valley View Village Condominium Homeowners Association," a Colorado nonprofit corporation (hereinafter "Condominium Association"). The Condominium Association shall be a sub -association of the Valley View Village Townhome Association ("Townhome Association") and the Valley View Village Homeowners Association ("Master Association"). 1.6 Property Location. The Property constituting the Common Interest Community is located within the County of Garfield, State of Colorado. 1.7 Property Description. The Property shall consist of multi -family, six-plex units (hereinafter "Unit" or "Units") which are more particularly described on the Condominium Plat as defined below. Declarant shall have the right to add additional real property within the Subdivision to the "Property" by the filing of future condominium plats with the Garfield County Clerk and Recorder. ARTICLE II DEFINITIONS 2.1 "Common Elements" shall be all portions of the Subdivision designated by this Declaration for the common use and enjoyment of Subdivision residents. The Common Elements shall be owned and maintained by the Master Association, and Condominium Owners shall be assessed periodically for maintenance costs of such Common Elements and shall remit such fees to the Master Association. 2.2 "Condominium Association" shall mean and refer to VALLEY VIEW VILLAGE CONDOMINIUM HOMEOWNERS ASSOCIATION, its successors and assigns, and shall function as a sub -association within the scope of the Valley View Village Master Association and Townhome Association. The Condominium Association shall be responsible only for the limited common areas, the limited common elements related to the Condominium Units and such other property or elements as such terms may be defined and elements declared in this Declaration. I: \2004\Clients\Grace-1238\Covenants-V V V -Condo -2. wpd -2- • • 2.3 "Condominium Limited Common Elements" shall mean the portions of the Property, in addition to the portions described in Sections 38-33.3-202(1)(b) and (d) of the Act, designated on the Condominium Plat for the exclusive use of one or more but fewer than all of the Condominium Units. 2.4 "Condominium Owner" shall mean and refer to the record owner, whether one or more persons or entities, of a fee simple title to any multi -family, six-plex dwelling unit which is part of the Property, including contract sellers but excluding those having such interest merely as security for the performance of an obligation. 2.5 "Condominium Plat" shall mean the final plat for the Valley View Village Condominiums Building recorded in the Office of the Clerk and Recorder, Garfield County, Colorado on , 2004 as Reception No. 2.6 "Condominium Unit" shall mean any individual dwelling within a multi -family, six-plex dwelling to be constructed on the Property as shown on the Condominium Plat. Declarant shall have further right to submit other Condominium Units located outside the Property but within the Subdivision to this Supplemental Declaration by filing a further supplement hereto and/or by virtue of a plat note subjecting such units to this Declaration. 2.7 "General Common Elements" shall mean all areas of Lot 46 not under a building footprint. The General Common Elements shall be owned by Unit Owners in pro rata shares. The Townhome Association, subject to the rights and obligations of the Unit Owners set forth in this Declaration and the Townhome Declaration, shall be responsible for the management and control of the General Common Elements. Each Unit Owner shall have a perpetual right and easement of access to and from a Unit from public ways for both pedestrian and vehicular travel, which right and easement shall be appurtenant to and pass with the transfer of title to such Unit; provided, however that such right and easement shall be subject to (a) the covenants, conditions and easements contained in this Declaration, the Master Declaration, and the Townhome Declaration; and (b) the right of the Townhome Association to adopt, from time to time, rules and regulations for vehicular traffic and other passage across the General Common Elements to facilitate the optimum and most convenient use of the Units and General Common Elements by Unit Owners. 2.8 "Limited Common Elements" shall mean a portion of the Common Elements of the Property designated in this Declaration, or on a plat, or on the contract documents for the sale and purchase of any such property, or by the Colorado Common Interest Ownership Act, Sections 38-33.3-101 et seq., Colorado Revised Statutes, as it may be amended from time to time (the "Act"), for the exclusive use or one more but fewer than all of the Townhome Units. 2.9 "Property" shall mean that section of Lot 46 designated for condominium construction as shown on the Condominium Plat. 2.10 "Subdivision" shall be all land as shown on the Valley View Village final plat recorded as Reception No. 643048. I: \2004\Clients\Grace-1238\Covenants-V V V -Condo -2. wpd -3- • • 2.11 "Unit" shall mean any individual dwelling within a multi -family dwelling to be constructed within Lot 46, including but not limited to the Condominium Units. Declarant shall further have the right to submit other Units located outside Lot 46 but within the Subdivision to this Supplemental Declaration by filing a further supplement hereto. 2.12 "Unit Owner" shall be the record owner, whether one or more persons or entities, of a fee simple title to any Unit, including contract sellers but excluding those having such interest merely as security for the performance of an obligation. ARTICLE III OWNERS - HOMEOWNERS ASSOCIATION 3.1 Formation and Membership. The Condominium Association shall be a nonprofit Colorado corporation charged with the duties and vested with the powers prescribed by law and as set forth in its Articles of Incorporation, Bylaws and this Declaration of Covenants, Conditions and Restrictions Neither the Articles nor Bylaws of the Condominium Association shall, for any reason, be amended or otherwise changed or interpreted so as to be inconsistent with these Covenants. This Condominium Association shall be a membership association without certificates or shares of stock. All Condominium Owners, including Declarant, who own or acquire the title in fee to any of the Condominium Units in the Subdivision by whatever means acquired shall automatically become members of the Condominium Association. Membership in the Condominium Association shall automatically terminate when a Condominium Owner of one of the Condominium Units ceases to be a Condominium Owner of such Condominium Unit. Each Condominium Unit shall be entitled to one (1) vote. 3.2 Executive Board and Officers. The affairs of the Condominium Association shall be governed by an Executive Board consisting of at least three (3) and no more than seven (7) members elected by the Condominium Owners. The initial Board shall be comprised of three (3) members. The Executive Board may elect or appoint officers in accordance with its Articles and Bylaws as the same may be amended from time to time. The Executive Board may also appoint various committees and hire employees as may be required. The Board shall determine the compensation to be paid to any employee of the Condominium Association. 3.3 Purpose. The Condominium Association, through its Executive Board, shall be authorized and empowered to take each and every step necessary or convenient for the implementation and enforcement of the Covenants contained in this Declaration. The Condominium Association shall have the right and responsibility to maintain, preserve, repair, insure, and otherwise protect and promote the interests of the Condominium Owners with respect to all common properties and interests of the Condominium Owners and the Condominium Association. The Condominium Association shall be governed by its Articles of Incorporation and Bylaws as may be amended from time to time. I: \2004\Clients\Grace-1238\Covenants-V V V -Condo -2. wpd -4- • • 3.4 Maintenance of General Common Elements. The Townhome Association shall be responsible for maintenance of all General Common Elements. The Condominium Association shall collect and remit to the Townhome Association a pro rata share of the costs of maintaining such General Common Elements based on the total number of Condominium Units. 3.5 Maintenance of Condominium Limited Common Elements. The Condominium Owners shall own, operate, and maintain all Condominium Limited Common Elements within the Property as shown on the Condominium Plat in pro rata shares based on the number of Condominium Units in order to keep them in good, clean, attractive and sanitary condition and repair, except as follows: (a) Except as provided otherwise in this Declaration, in the Master Declaration or by written agreement with the Association, all maintenance of individual Condominium Units, including, without limitation, all interior surfaces, structural and nonstructural members, utility systems, utility lines from the point of departure from a shared usage, glazing, doors, and other fixtures designed to serve a single Condominium Unit, shall be the sole responsibility of the respective Condominium Owners. Each Condominium Unit shall be maintained in a good, clean, attractive and sanitary condition and repair consistent with the requirements of a first class residential development. (b) The Owner of a Condominium Unit to which any Condominium Limited Common Element is allocated shall be solely responsible for removal of snow, leaves and debris from same. Fencing of such allocated Condominium Limited Common Element shall be permitted, provided, however, that the maintenance of any such fenced area shall be the sole responsibility of the Owner of such Condominium Unit. Any other Common Expense associated with the maintenance, repair or replacement of a Condominium Limited Common Element shall be assessed equally against the Condominium Units to which the Condominium Limited Common Element is assigned. 3.6 Declarant Control. The provisions of Section 3.5 of the Master Declaration are incorporated herein in their entirety. 3.7 Limited Liability and Indemnification. To the fullest extent permitted by law, neither the Condominium Association nor its past, present or future officers, directors, nor any employee, agent or committee member of the Condominium Association, nor the Declarant shall be liable to any Condominium Owner or to any other person for any damage, act, omission to act, simple negligence or other matter of any kind or nature, except gross negligence. Without limiting the foregoing, the Condominium Association, the Board and the Declarant shall not be liable to any party for any action or for any failure to act, in good faith and without malice. Acts taken upon the advice of legal counsel, certified public accountants, registered or licensed I: \2004\Clients\Grace-1238\Covenants-V V V -Condo -2. wpd -5- • • engineers, architects or surveyors shall conclusively be deemed to be in good faith and without malice. To the extent insurance carried by the Condominium Association for such purposes shall not be adequate, the Condominium Owners severally agree to indemnify the Condominium Association, the Board and the Declarant against all loss resulting from such action or failure to act, including expenses and liabilities, attorneys' fees, reasonably incurred by or imposed upon them in any proceeding to which they may be a party, or in which they may become involved. The foregoing limitations of liability shall extend to the officers, agents, legal representatives and owners of Declarant. 3.8 Notice to Condominium Owners. Notice to a Condominium Owner of matters affecting the Condominiums by the Condominium Association or by another Condominium Owner shall be sufficiently given if such notice is in writing and is delivered personally, by courier, or private service delivery or on the third business day after deposit in the mails for registered or certified mail, return receipt requested, at the address of record for real property tax assessment notices with respect to that Condominium Owner' s Unit. 3.9 Transfer Fee. The Condominium Association may adopt and impose a reasonable fee on new Condominium Owners upon transfer of a Condominium Unit at a rate approved by the Executive Board and subject to periodic review. ARTICLE IV EASEMENTS AND LICENSES 4.1 Incorporation By Reference. The provisions of Sections 4.1 through and including 4.3 of Article IV of the Master Declaration are incorporated herein by reference in their entirety. ARTICLE V USE RESTRICTIONS 5.1 Incorporation by Reference. The provisions of Sections 5.1, 5.2, 5.3, 5.5 through and including 5.10, and 5.13 through and including 5.29 of Article V of the Master Declaration are incorporated herein by reference in their entirety. 5.2 No Partition of Condominium Limited Common Elements. No Condominium Owner shall bring any action for partition or division of the Condominium Limited Common Elements. By acceptance of a deed or other instrument of conveyance or assignment, each Condominium Owner shall be deemed to have specifically waived such Condominium Owner's rights to commence or maintain a partition action or any other action designed to cause a division of the Common Elements, General Common Elements, or Condominium Limited Common Elements. This Section may be pleaded as a bar to any such action. Any Condominium Owner who commences or maintains any such action shall be liable for and agrees to reimburse the Condominium Association for its costs, expenses and reasonable attorneys' fees in defending any such action. I:\2004\Clients\Grace-1238\Covenants-V V V-Condo-2.wpd -6- • • 5.3 Vehicles. There are two (2) designated parking spaces assigned to each Condominium Unit. Each vehicle parked in a designated parking space shall be registered with the Condominium Association by type, year, color, license number and such other identification as is appropriate. No guest of a Condominium Owner shall use a parking space designated for visitors for more than three (3) days without the consent of the Executive Board, which may impose a fee for such use. No trucks, recreational vehicles, motor homes, motor coaches, snowmobiles, campers, trailers, boats or boat trailers or similar vehicles (other than passenger automobiles or pickup or utility trucks with a capacity of one ton or less) or any other vehicles shall be parked, stored or kept on any portion of the Property. This restriction shall not prohibit occasional parking of commercial, service and construction vehicles, in the ordinary course of business, from making deliveries or otherwise providing service to the Property. No work on vehicles, including repairs, shall be performed on any portion of the Property, except in emergencies. Abandoned or inoperable vehicles shall not be stored or parked on any portion of the Property. An abandoned or inoperable vehicle is any vehicle which has not been driven under its own propulsion for three (3) weeks or longer and which appears incapable of operation. A written notice describing the abandoned or inoperable vehicle and requesting its removal shall be personally served upon the Owner or posted on the vehicle. If such vehicle has not been removed within seventy-two (72) hours after notice is given, the Condominium Association may remove the vehicle without liability and the expense of removal shall be charged against the Condominium Owner. The Condominium Association shall have the right to assess and enforce penalties against Condominium Owners violating these restrictions applying to vehicles as follows: One Hundred Dollars ($100.00) for the first violation and One Hundred Dollars ($100.00) plus an additional Fifty Dollars ($50.00) for each subsequent violation, such that the fine increases in Fifty Dollar ($50.00) increments for each succeeding violation. ARTICLE VI ARCHITECTURAL COMMITTEE 6.1 Incorporation by Reference. The provisions of Sections 6.1 through and including 6.12 of Article VI of the Master Declaration are incorporated herein by reference in their entirety. ARTICLE VII COLLECTION OF ASSESSMENTS - ENFORCEMENT 7.1 Assessments. All Condominium Owners, by acceptance of a deed to a Condominium Unit, including without limitation public trustee, sheriff's or similar deed, are deemed to covenant and agree and shall be obligated to pay any and all assessments lawfully imposed by the Executive Board of the Condominium Association and the Executive Board of the Townhome Association. To the extent the Townhome Association and/or Condominium Association is responsible therefor, assessments may be lawfully imposed for any items of common expense which may include, among other things: expenses and costs of maintaining, repairing, and plowing of roads within and accessing the Subdivision; expenses for maintaining, I: \2004\CI ients\Grace-1238\Covenants-V V V -C ondo-2. wpd -7- • • improving, and preserving common property; expenses of the Architectural Committee; and insurance, accounting, and legal functions of the Townhome Association and/or Condominium Association. Such assessments shall be deemed general assessments and shall be borne pro rata by all Condominium Owners. The Condominium Association Executive Board may establish contingency and reserve funds for the maintenance and improvement of common property and any other anticipated costs and expenses of the either association to be incurred in pursuit of its purpose. Contingency and reserve funds shall be in such an amount as the Townhome Association Executive Board and/or Condominium Association Executive Board may deem necessary and appropriate for the aforesaid purposes. Each Condominium Owner shall be required to pay his pro rata portion of these funds based on the total number of Condominium Units. The Condominium Association Executive Board shall have the right during any calendar year to levy and assess against all of the Condominium Owners a special assessment for such purpose or purposes, in accordance with these Covenants, or the Articles or Bylaws of the Townhome Association or Condominium Association, as may be necessary. Such special assessment shall be paid for in equal portions by the Condominium Owners obligated to pay such assessment and shall be due and payable as determined by the Executive Board. All Condominium Owners specifically acknowledge and agree that an assessment will be levied against them and their Condominium Unit by both the Master Association and the Battlement Mesa Service Association for the maintenance of the Common Elements that serve the Subdivision and the entire Battlement Mesa PUD, including certain common elements of the Property, at the rate to be determined from time to time by the Master Association and the Battlement Mesa Service Association. Any default in the payment of such assessments shall constitute a default under these Covenants and shall be subject to enforcement hereunder. 7.2 Incorporation by Reference. The provisions of Sections 7.2 through and including 7.5 of Article VII of the Master Declaration are hereby incorporated by reference in their entirety. ARTICLE XIII RIGHTS OF LENDERS 8.1 Incorporation by Reference. Sections 8.1 through and including 8.12 of Article VIII of the Master Declaration are hereby incorporated by reference in their entirety. ARTICLE IX INSURANCE 9.1 Incorporation by Reference. Sections 9.1 and 9.2 of Article IX of the Master Declaration are hereby incorporated by reference in their entirety. 9.2 Townhome Association Insurance. The Townhome Association shall obtain, maintain, and pay premiums upon, as a common expense, a policy of property insurance I: \2004\Clients\Grace-1238\Covenants-V V V -Condo -2. wpd -8- covering all of the General Common Elements within Lot 46 and all personal property belonging to the Townhome Association, as well as comprehensive general liability insurance covering all of the common elements and public ways of Lot 46. 9.3 Condominium Association Insurance. The Condominium Association shall obtain, maintain, and pay premiums upon, as a common expense, a policy of property insurance covering all of the Condominium Common Elements and Condominium Limited Elements within the Property and all personal property belonging to the Condominium Association. 9.4 Condominium Unit Owner Insurance. An insurance policy issued to the Condominium Association does not obviate the need for Condominium Owners to obtain insurance for their own benefit. The Condominium Association insurance policy shall not cover finished interior surfaces of the walls, floors, and ceilings of the Condominium Units. Moreover, the Condominium Association insurance policy need not include improvements and betterments installed by Condominium Owners. It shall be the duty of all Condominium Owners to ensure that such portions of the Condominium Unit as exist for their own benefit are insured adequately. ARTICLE X GENERAL PROVISIONS 10.1 Incorporation by Reference. Sections 11.1 through and including 11.7 and Section 11.9 of the Master Declaration are hereby incorporated by reference in their entirety. IN WITNESS WHEREOF, this Declaration of Covenants, Conditions and Restrictions for the Valley View Village Condominium Association has been executed as of the day and year first written above. By DECLARANT: DARTER, LLC Terry Lawrence [Notary Block on following page.] I: \2004\Clients\Grace-1238\Covenants-V V V -Condo -2. wpd -9- STATE OF COUNTY OF • • ) ss. Acknowledged, subscribed, and sworn to before me this day of 2005, by Terry Lawrence, of Darter, LLC. WITNESS my hand and official seal. My Commission expires: L‘2004 \Clients \Grace -1238 \ Covenants-V V V -Condo -2. wpd -10- Notary Public Sep. 22, 2006 8:58AM No. 1799 P. 2 r 11 o B MVO auivl0.D;D nTM COLORAo❑ rwwvn.w.,wsN pin Phm.nc•e rHAsina PLAN HIGH CCYNTRYEN6INEWC, MIT .LI.�I. Yrr.1101.01 mw• E VEr .�. n.n1nG pStlP1 CONDOMINIUM MAP OF VALLEY VIEW VILLAGE , BUILDING A RESUBDIVISION OF' LOT 46, ACCORDING TO THE FINAL PLAT OF VALLEY VIEW VILLAGE SUBDIVISION IN BATTLEMENT MESA P.U.D. RECORDED ON DECEMBER 16, 2003 AS RECEPTION DUMBER 643044, COUNTY OF GARFIELD, STATE OF COLORADO SHEET 2 OF 3 LOWER LEVEL FLOOR PLAN INTERIOR WALLS ARE NOT SHOWN UPPER LEVEL FLOOR PLAN SCAW^: 1/^- - r -o',.:. INTERIOR LLS RE NOT SifiN g5 n3 PROJECT NO 2021008.0% 0827 2 CONDOMINIUM MAP OF VALLEY JI VI 11W VI ®,1GE, BUILDING L A RESUBDIVISION OF LOT 46, ACCORDING TO THE FINAL PLAT OF VALLEY VIEW VILLAGE SUBDIVISION IN BATTLEMENT MESA P.U.D. RECORDED ON DECEMBER 16, 2003 AS RECEPTION NUMBER 643044, COUNTY OF GARFIELD, STATE OF COLORADO SHEET 3 OF 3 TrIVZEXT N RUA�RSi-A�?1 U T GARAGE LCE UNIT 2A 11 gir AY�iEv=5•Eury 0!OZ.=NESse SECTION A—A SCALE: 1/IV SEE NOTE BELOW 11111111 t1:E iiuir. �UI1 T1C Nom U 20 1UJI� IIi.1I••.L. CMACE LCE CARmCE LCE S'Et Guxxrt xcE uLRT 1e x 1c u zB C C.E. SECTION B—B SCALE: IX = 1'-0' SEE NOTE BELOW • SEC110x ELEVAGONS ARE BASED ON THE ARCNTECNRAL ORA.. MO HAVE NOT BEEN NEL] VERIFIED BY MW COUNTRY ENGINEERING, INC. 2 PROJECT NO. 2021066.07 0927 3 146 _ . \ , IV I \ N \\ ,\\\\ 1 1,..Z ) I I „ m \ • \ r - \ \\N \\ \--I \-N\ , \ . I 8 ON 133r0Sd avou AaNeno DNOIS cr) co co co • Mrrirlirri • (Dotal. DARTER. LLC GARFIELD COUNTY, COLORADO '4„ VALLEY VIEW VILLAGE, PUD -. PHASING PLAN HIGH COUNTRY ENGINEERING, INC. 07 BLAKE AVE16/E, DIE OLENWOOD SPF11400 CO 91602 PHONE (970) 945-6676 FAX (970) 945-2555 14 SN92t4318 DRIVE EAST, GTE 0-130, ENOLE1VOJO, 00 60112 MOM (303) 925-0544 FAX (303) 925-0547 r -- m m z 0 •-• - 8 -6 - E 0 DES. DJW NO. DATE REVISION BY DR. DJW 1. 5/31/03 UPDATE PLANS DJW CK. DATE 3/3/03 FILE: PHASING CAU- °TUT( NorrocAnoN 0011131 OF 001-01.00 1-800-922-1987 534-6700 a-vuomer DAMN /OVA.. 6EFC0.0 YOU Mk DRAM 01110,0AVATE F041 Ilt WJIKIY0 OF U1.00101104,0 143.0011 IMMO Village '1 i age Subdivision - Pha's - A) ) Pi 111111 111111111111 e 11111111111111111111111111111111 1111°, 643045 12/16/2003 10:01A 81546 P964 N ALSDORF 1 of 12 R 61.00 D 0.00 GRRFIELD COUNTY CO SUBDIVISION IMPROVEMENTS AGREEMENT\ ` 04 (Valley View �Lr J 0 THIS AGREEMENT is made and entered into this 1(o day of Nib. b- 2003, by and between EDWARgHOAGLUND AND IDA LEE HOAGLUND ("Owner"), DARTER, LLC ("Developer") and the BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, STATE OF COLORADO ("County"). WITNESSETH: WHEREAS, Owner is the record title owner of certain real property located within Garfield County, Colorado, known as Valley View Village Subdivision (hereinafter the "Subdivision" or the "Property"), the legal description of which property is more particularly described Exhibit A hereto and incorporated herein by this reference; WHEREAS, Developer is the developer of the Subdivision, has acted as the "Applicant" with the Owner's consent through the subdivision process, and holds an option to purchase the Property in phases and shall purchase Phase A of the Subdivision upon the execution and recording of this Agreement; and WHEREAS, On August 4, 2003, the Board of County Commissioners granted Preliminary Plan approval for the Subdivision (hereinafter "Preliminary Plan Approval") pursuant to Resolution No. 2003-67, a copy of which was recorded in the records ofthe Garfield County Clerk and Recorder on September 15, 2003, in Book 1518 at Page 822 as Reception No. 636574; WHEREAS, Owner and Developer have submitted to the County for its approval final subdivision plat for the Property ("Final flat"); WHEREAS, as a condition of approval of the Final Plat and as required by the laws of the State of Colorado, Owner and Developer wish to enter into this Subdivision Improvements Agreement with the County; and WHEREAS, Developer has agreed to execute and deliver a letter of credit to the County to secure and guarantee its performance under this agreement and has agreed to certain restrictions and conditions regarding the issuance of building permits, certificates of occupancy and sale of properties, all as more fully set forth hereinbelow. NOW, THEREFORE, for and in consideration of the premises and the following covenants and agreements, the parties hereby agree as follows: mutual u ual 1:'20031Clients\Grace HomeslAgreementsl.SIA•final.wpd November 25. 2003 1 11111111111111(111111111111111111111111ill 111111111 II11 643045 12/16/2003 10 01A 81546 P965 M ALSDORF 2 of 12 R 61.00 D 0.00 GARFIELD COUNTY CO 1. Definitions. The "Final Plat" means the document consisting of three sheets to be recorded with the Garfield County Clerk and Recorder entitled "Ii nal P1at,LValley View Village Subdivision in Battlement Mesa P.U.D." "Plat Documents" means the Construction Doc rrr nts for Phase A, Valley View Village, P.U.D. prepared by High Country Engineeringer.Project No. 2021056.00, dated August 25, 2003, consisting of 13 sheets and also the Fhial Plat. "Phase A" means that portion ofth.e'Prope>rt'y approved for development by virtue of this SIA including Lot 46, Tracts A, B, 6, IS, and E, and the public right of way for Valley View Drive, all as depicted on the Final Plat. .. "Future Phases" means those parcels depicted on the Final Plat as Lot 47 and Tracts F, G and H. 2. Final Plat Approval. The County hereby accepts and approves the Final Plat, subject to the terms and conditions of this Agreement, the Preliminary Plan Approval and the requirements of the Garfield County Zoning and Subdivision Regulations including without limitation the terms and conditions of the Battlement Mesa P.U.D. as applied to the Property in Resolution No. 82-330 and as thereafter amended. This approval authorizes construction and development within Phase A as authorized in the Preliminary Plan. Development within the Future Phases shall require subsequent approval by the Board of County Commissioners of final. subdivision plats and associated subdivision improvements agreements for such Future Phases. a� 3. Responsibilities of Owner and Developer. All real property included within the Phase A shall be conveyed by Owner to Developer simultaneously with the recording of the Final Plat. Upon such conveyance to Developer, all rights, duties, obligations and liabilities of"Owner" as set forth herein shall be deemed assigned to and assumed by Developer. If the conveyance does not occur, then Owner shall remain responsible for all terms and conditions of this Agreement. 4. Owner's Performance. Owner has constructed and installed or shall cause to be constructed and installed, at its own expense, those subdivision improvements ("Improvements") related to Phase A which are required to be constructed under the Preliminary Plan Approval, this Agreement, the Plat Documents, and all Garfield County Zoning and Subdivision Regulations. All such improvements shall be completed on or before one year after the date of this agreement. Additionally, the Owner shall comply with the following: A. Plat Documents submitted prior to or at the time of the Final Plat approval, which are incorporated herein by reference and made a part of this Agreement; 1:\2003\CIients1Grace Homes \Agrcements\SIA-final wpd 2 November 25, 2003 1 miu miu 111111 11111 111 111111 iiiini III nm uii im 643045 12/16/2003 10 01A B1546 P966 M ALSDORF 3 of 12 R 61.00 D 0,00 GARFIELD COUNTY CO B. All requirements of the Preliminary Plan Approval, including all requirements of the Garfield County Zoning Code and Garfield County Subdivision Regulations, as they relate to the Phase A of the Subdivision; C. All laws, regulations, orders and resolutions of the County and all affected special districts; D. All designs, maps, specifications, sketches, and other materials submitted to and approved by any of the above -stated governmental entities; E. The Improvements to be constructed by the Owner shall include without limitation the following, all of which are depicted on the Plat Documents: (1) potable water supply and distribution systems for the Valley View Village Subdivision, Phase A; (2) internal roads as depicted on the Final Plat; upgrades to Stone Quarry Road and Battlement Mesa Parkway; drainage features and utility structures; (3) sanitary sewer facilities; (4) landscaping, drainage improvements, and utilities as depicted in the Plat Documents. The County agrees that if all Improvements are installed in accordance with this Agreement, the Plat Documents, and the as -built drawings to be submitted upon completion of the Improvements, the requirements of the Garfield County Zoning Code, all other requirements of this agreement and the requirements of the Preliminary Plan Approval, then the Owner shall be deemed to have satisfied all terms and conditions of the Zoning and Subdivision Regulations of Garfield County, Colorado. 5. Security for Improvements. A. Letter of Credit. On or before the date of the recording of the Final Plat with the Garfield County Clerk and Recorder, the Developer shall deliver an irrevocable Letter of Credit in a form acceptable to the County or such other form of security as may be deemed acceptable to the County in the amount of $1,306,241.61, which is the estimated cost for completion of the Improvements, including a 5% contingency, as set forth and certified by High Country Engineering, Inc. on Exhibit B attached hereto and incorporated herein by this reference, minus the cost of Improvements, if any, already completed as of the date of the filing of the Final Plat as are certified on Exhibit B hereto. This amount does not include security for revegetation, which shall be secured by a separate letter of credit in accordance with paragraph 5(c) below. The 1:\2003\Clients\Grace I lnmcs'Agreements\SIA-fital.wpd November 25, 2003 3 1 111111 11111 111111 11111 111 111111 1111111 III 11111 1111 1111 643045 12/16/2003 10 01A B1546 P967 M ALSDORF 4 of 12 R 61.00 0 0.00 GARFIELD COUNTY CO Letter of Credit required by this Agreement shall be issued by a state or national banking institution acceptable to the County. If the institution issuing the Letter of Credit is not licenced in the State of Colorado and transacting business in the State of Colorado, the Letter of Credit shall be "confirmed" within the meaning of C.R.S. § 4-5-107 by a bank that is licensed to do business in the State of Colorado, that is transacting business in the State of Colorado, and that is acceptable to the County. The Letter of Credit must be valid for a minimum of six (6) months beyond the completion date for the improvements set forth herein. If the time for completion of improvements is extended through the execution of a written amendment to this Agreement, the time period for the validity of the Letter of Credit shall be similarly extended. Additionally, should the Letter of Credit become void or unenforceable for any reason, including the bankruptcy of the Owner or the financial institution issuing or confirming the Letter of Credit, prior to acceptance of the Improvements, then the approval of the Final Plat shall be deemed null and void and the plat shall be vacated excepting only those lots for which building permits have been issued to bona fide purchasers prior to the date of such vacation. B. Partial Releases of Security. The County shall release portions of the Letter of Credit as portions of the Improvements are completed to the satisfaction of the County. Certification of completion adequate to authorize release of security must be submitted by a licensed or registered engineer. Such certification authorizing release of security shall certify that the Improvements have been constructed in accordance with the requirements of this Agreement, including all the Plat Documents, and shall be- stamped upon as-builtdrawings by -said professional engineer where applicable. Owner may also request release for a portion of the security upon proof (i) that Owner has a valid contract with a public utility company regulated by the Colorado PUC that obligates such utility company to install certain utility lines and (ii) that Owner has paid to such utility company the cost of installation of such utilities required to be paid by Owner under .such contract. Upon submission of a certification of completion of Improvements by Owner, the County may inspect and review the Improvements certified as complete to determine whether or not said improvements have been constructed in compliance with the relevant specifications. If the County determines that all or a portion of the Improvements certified as complete are not in compliance with the relevant specifications, the County shall within fifteen (15) days of the County's receipt of the certification of completion furnish a letter of potential deficiencies to the Owner specifying which Improvements are potentially deficient. If no letter of potential deficiency is furnished within said fifteen (15) day period, all Improvements certified as complete shall be deemed accepted, and the County shall release the appropriate amount of security as it relates to the Improvements which were certified as complete. If a letter of potential deficiencies is issued identifying only a portion of the Improvements as potentially deficient, then all Improvements certified as complete not identified as potentially deficient in the letter shall be deemed accepted, and the County shall release the amount of security corresponding to such accepted Improvements. The County shall have thirty (30) days from the date of any letter of potential deficiencies to complete its investigation and provide written confirmation of the deficiency to the Owner. If 1.,2003\Clients \Grace 1 lumes\Agreements\S1A-linal.wpd November 25. 2007 4 111111 Hill 111111 11111 111 111111 1111111 III 11111 1111 1111 643045 12/16/2003 10.01A B1546 P968 M ALSDORF 5 of 12 R 61.00 D 0.00 GARFIELD COUNTY CO no such written confirmation is provided to Owner within said thirty (30) day period, or if upon such investigation the County finds that the Improvements are acceptable, then appropriate security shall be released to the Owner within ten (10) days after completion of the thirty (30) day period of investigation. In the event that the Improvements are found deficient and not accepted by the County, then the Board of Commissioners shall make a written finding prior to requesting payment from the Letter of Credit. Additionally, the County shall provide the Owner a reasonable period of time to cure any deficiency prior to requesting payment from the Letter of Credit. C. Security for Revegetation. Revegetation of all areas disturbed during construction of the Improvements shall be accomplished in accordance with the Preliminary Plan Approval and shall be secured by a letter of credit or other security acceptable to the County in the amount of $2,200 from Owner to the County. The County may hold the security for a two-year period of time following recording of the Final Plat in order to verify the success of revegetation efforts. Certifications and release of security for revegetation upon expiration of said two-year period shall be in substantial accordance with the procedures outlined above in the section entitled Partial Releases of Security, with a certification of completion submitted by the Owner and the release of security approved by Garfield County vegetation manager. D. Substitution of Letter of Credit. The County may, at its sole option, permit the Developer to substitute collateral other than a Letter of Credit in such form as may be acceptable to the County for the purpose of securing the completion of the Improvements hereinabove provided. E. Recording of Final Plat. No Final Plat shall be recorded pursuant to this Agreement until the Letter of Credit described in this Agreement has been received and approved by the County. 6. Water and Sewer Utilities. Prior to the issuance by the County of Certificates of Occupancy for any homes located and constructed within Phase A of the Subdivision, Owner shall construct, install, and connect the water and sewer improvements required by the Preliminary Plan Approval according to the plans and specifications approved by the Battlement Mesa Metropolitan District and provide proof to the County that such water and sewer improvements have been accepted by the District. Owner shall execute and provide to the District any documents of conveyance for easements and personal property that may be required by the Preliminary Plan and by the District as a condition of its acceptance of such improvements to provide water and sewer service to the Property. 7. Roads. All roads within the Subdivision shall be dedicated to the public as public rights of way at the time of recording of the Final Plat depicting such roads, except for Angelica Circle, Jessica Lane, and Bryan Loop, which shall remain as private roads but with dedicated public easements for utilities and emergency ingress and egress. The private roadways depicted on the Final Plat shall be conveyed to the Valley View Village Homeowners' Association at the time of recording of the Final Plat All roads within the Subdivision, whether public or private, 1:\2003\Clients\Grace Homes \Agreements\SLA-final.wpd November 25, 2003 5 11111.11111111111111111111111111111111111111111111111111 643045 12/16/2003 10 01A B1546 P969 M ALSDORF 6 of 12 R 61.00 D 0.00 GARFIELD COUNTY CO shall be maintained by the Valley View Village Homeowners' Association or an incorporated multifamily sub -association thereof. The County shall not be obligated to maintain any roads within the Subdivision. Further, as part of its obligation to cons the Improvements secured by the Letter of Credit, Owner shall complete the on-site and o -set r d improvements to Valley View Drive, South Battlement Parkway, and Stone Quarry Ro specified in the Preliminary Plan Approval. — 8. Traffic Impact Fees. Traffic impact fees in the amount of $39,222.60 have been C -paid upon execution of this Agreement as required by the Preliminary Plan Approval. Additional `'traffic impact fees in the amount of $726.35 per lot or residential unit shall be paid at the time of' application for a building permit for such lot or unit. ,' 9. Open Space. The entire Subdivision, including all lots and Future Phases, shall include not less than 9 acres of Common Open Space (25% of the total acreage), Phase A includes 13.915 acres for development, and the Final Plat includes a minimum of 5.937 acres of Common Open Space associated with Phase A as depicted on the Final Plat in compliance with the Garfield County Subdivision Regulations. The amount of Common Open Space in excess of the 25% requirement for Phase A, or q .458 acres, shall be a credit towards the -Common Open Space 2 requirements for Future Phases of the Subdivision. Additional lands within Phase A may be counted towards future open space credits if so agreed between the parties as part of a subdivision improvements agreement for the Future Phases. 10. Multifamily Platting Process. Subject to the terms and conditions of the Preliminary Plan Approval and this Agreement, the County has authorized the subdivision of the property depicted on the Final Plat into multifamily residential units including two (2) duplex buildings, two (2) four-plex buildings, and seven (7) six-plex buildings. Before any individual dwelling unit in such multifamily buildings may be conveyed into separate ownership, Owner shall submit amended final plats depicting the actual ownership boundaries of each unit within each building. Such plats shall be based upon as -built surveys of the foundations of the buildings if the unit boundaries are defined in reference to party walls or, if applicable, based upon airspace surveys,' of the units after construction has been substantially completed if the boundaries are defined by airspace. No individual dwelling unit within any multifamily building shall be conveyed into separate ownership until the multifamily plat depicting such unit, as well as the declaration of covenants, conditions and restrictions defining.the rights and duties associated with the ownership of each unit, have been approved by..the-C6unty and recorded in the Office of the Garfield County Clerk and Recorder. The multifamily plats shall be processed by the. County in accordance with this Agreement and the procedures and requirements of Section 5,00 a1; the County Subdivision Regulations. i 11. Indemnity. To the extent allowed by law, the Owner agrees to indemnify and hold the County harmless and defend the County from all claims that may arise as a result of the Owner's installation of the Improvements required by this Agreenent. However, Owner does not indemnify the County for claims made asserting that the standards imposed by the County, the I:\2003\Clicnts\Grace Hones\Agreements\SL4-final.wpd November 25, 2003 6 mru mo nail iuu iii Duni iiuni ui mu uii ini 643045 12/16/2003 10:01A B1546 P970 M ALSDORF 7 of 12 R 61.00 D 0.00 GARFIELD COUNTY CO Battlement Mesa Metropolitan District, or other utility provided are improper or the cause of the injury asserted. The County shall notify the Owner of receipt of any notice of claim, or a notice of intent to sue and shall afford the Owner the option of defending any such claim or action. Failure to notify and provide such written option to the Owner within fifteen (15) days of any such notice shall extinguish the County's rights under this paragraph. Nothing herein shall be interpreted to require Owner to indemnify the County from any claims arising from the intentional or negligent acts or omissions of the County, its agents or employees. 12. Sate of Lots. No tracts, lots or parcels within the Subdivision shall be conveyed prior to recording of a Final Plat depicting such tract, lot or parcel in the records of the Garfield County Clerk and Recorder. 13. 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 tract, lot or parcel within the Subdivision have the authority to bring an action the District Court of Garfield County, Colorado, to compel enforcement of this Agreement. 14. Issuance of Building Permit. As one remedy for breach of this Agreement, the County may withhold issuance of building permits for any structure with the subdivision. The parties agree that no building permit shall be issued until the Owner demonstrates to the satisfaction of the Fire District that adequate water is available at the site of construction. Further, the parties agree that no certificate of occupancy shall be issued for any building or structure within the Final Plat until all Improvements have been completed and are operational, as required by this Agreement. 15. Consent to Vacate Plat. In the event Owner fails to comply with the terms of this Agreement, including the terms of the Preliminary Plan Approval, the County shall have the ability to vacate any portions of the Final Plat as it pertains to lots for which no building permits have been issued. Any existing lots for which building permits have been issued shall not be vacated and the plat as to those lots shall remain valid. Owner shall provide a survey and complete legal description with a map showing the location of a portion of the plat so vacated. 16. Binding Effect. This Agreement shall be a covenant running with the title to each lot within the Final Plat, and the rights and obligations as contained herein shall be binding upon and inure to the benefit of the Owner, its successors, and assigns, including without limitation Developer. 17. Recording. Upon execution and authorization by the County, the Owner shall record this Agreement in the Office of the Garfield County Clerk and Recorder. 1:\2003\Cltents\Gracc Homes\Agreements\SIA-final.wpd ^7 November 25, 2003 1 Ililll 11111 111111 11111 111 11(111 1111111 111 11111 1111 1111 643045 12/16/2003 10 01A B1546 P971 M RLSDORF 8 of 12 R 61.00 D 0.00 GARFIELD COUNTY CO 18. Venue and Jurisdiction. This Agreement shall be governed by and construed pursuant to the laws of the State of Colorado. In the event of any suit arising out of or relating to this Agreement, exclusive venue and jurisdiction shall lie in the District Court of Garfield County, Colorado. 19. Amendment. This agreement may be amended from time to time only in writing and signed by all parties hereto. 20. Notice. All notices required by this Agreement shall be tendered by personal service or certified mail, return receipt requested, upon the following individuals or agents of the parties to this agreement: To the County: To Owner: To Developer: with a copy to: Board of County Commissioners Of Garfield County c/o Mark Bean, Planning Director 109 8th Street, Suite 303 Glenwood Springs, CO 81601 c/o Thomas Stuver, Esq. 120 West Third Street P.O. Box 907 Rifle, CO 81650 Terry Lawrence Darter, LLC 786 Valley Court Grand Junction, CO 81505 David H. McConaughy Leavenworth & Karp, P.C. P.O. Drawer 2030 Glenwood Springs, CO 81602 Fax 970-945-7336 WHEREFORE, the parties have executed this agreement effective as of the day and year fust written above. BOARD OF COUNTY COMMISSIONERS 1: 120031C1ients!Grace 1-1on sWgeements\SIA-S.wpd November 12, 2003 11111115111111111111111111111111111111111111111111111111 64309 of 12 R 61.00 D 0.0012/16/2003 10:1GARFIELDB1546PCOUNTY ACODORF DARTER, LLC ...... .,/,‘. Edward�Hoag and / ,, — )'ri94-3._._ - ..-IC Terry Lawrence, President Ida Lee Hoaglund STATE OF COLORADO ) COUNTY OF GARFIELD ) ss. Subscribed and sworn to before me this i r day of j)� , 2003by John Martin as Chairman of the Board of County Commissioners of Garfield County, (SEAL) ' My commission expires: /Yf}- STATE OF COLORADO PiNeAck COUNTY OF GARHL ) ss. 11111111111/�./' ` Subscribed and sworn to before me this anci day of tlI Wti12003by Terry Lawrence as President of Darter, LLC. (SEAL) My commission expires: Q 15110t. STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD ) Notary blic Subscribed and sworn to before me thi4^S'£2003by Edward and Ida Lee Hoaglund. (SEAL) My commission expires: r (:\2003\Clients\Grace Homcs\Agreemems\SIA-fmal.wpd November 25, 2003 MY Commission Expires 03/04/2005 1111111 11111 111111 11111 111 111111 11311111 111111 111 1111 643045 12/16/2003 10:01R 81546 P973 M ALSDORF 10 of 12 R 61.00 D 0.00 GARFIELD COUNTY CO A PARCEL OF LAND SITUATED IN THE SE1/4NE1/4 OF SECTION 18, TOWNSHIP 7 SOUTH, RANGE 95 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST SIXTEENTH CORNER OF' SAID SECTION 18, A 1 1/2" ALUMINIUM CAP LS #19598 SET IN PLACE, (WHENCE THE EAST QUARTER CORNER OF' SAID SECTION 18 BEARS 545'09'57"E A DISTANCE OF 1,878.79 FEET) THE POINT OF BEGINNING; THENCE 589'4702"E ALONG THE NORTHERLY BOUNDARY OF SAID SE1/4NE1/4 A DISTANCE OF 1,280.85 FEET TO A POINT THE WESTERLY RIGHT—OF—WAY OF STONE QUARRY ROAD; cTHENCE LEAVING SAID NORTHERLY BOUNDARY S00'29'59"E ALONG SAID RIGHT—OF—WAY A DISTANCE OF 1,319.86 FEET TO A POINT ON THE SOUTHERLY BOUNDARY OF SAID SE1/4NE1/4; THENCE LEAVING SAID RIGHT—OF—WAY N8919'15"W ALONG SAID SOUTHERLY BOUNDARY A DISTANCE OF 1,279.39 FEET TO THE EAST—CENTER SIXTEENTH CORNER OF SAID SECTION 18; THENCE LEAVING SAID SOUTHERLY BOUNDARY NOO13'38"W ALONG THE WESTERLY BOUNDARY OF SAID SE1/4NE1/4 A DISTANCE OF 1,064.48 FEET; THENCE LEAVING SMD WESTERLY BOUNDARY N88'24'45"E A DISTANCE OF 135.00 FEET; THENCE S84'40'15"E A DISTANCE OF 188.00 FEET; THENCE S5219'15"E A DISTANCE OF 92.88 FEET; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 201.28 FEET A CENTRAL ANGLE OF 46'58'00", A DISTANCE OF 164.99 FEET (CHORD BEARS N23'42'38"E 160.41 FEET); THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 151.27 FEET A CENTRAL ANGLE OF 46'58'00", A DISTANCE OF 124.00 FEET (CHORD BEARS N23'42'38"E 120.56 FEET); THENCE N0013'38"E A DISTANCE OF 30.94 FEET; THENCE N89'46'22"W A DISTANCE OF 511.07 FEET TO A POINT ON THE WESTERLY BOUNDARY OF SAID SE1/4NE1/4; THENCE N00'33'38"W ALONG SAID WESTERLY BOUNDARY A DISTANCE OF 40.00 FEET TO THE POINT OF SEGINNINQ; SAID PARCEL CONTAINING 36.372 ACRES, MORE OR LESS. EXHIBIT A 111111111111 Illlll 11111111 Ell 11111111 111111 111 1111 643045 12/16/2003 10 01A B1546 P974 M ALSDORF 11 of 12 R 61.00 D 0 00 GARFIELD COUNTY CO Valley View Village Subdivision -Phase 'A' SUMMARY OF ENGINEER'S ESTIMATED PRELIMINARY CONSTRUCTION COST October 30. 2003 HCE 1OB NO: 2021056.00 k:\ q p rodatu\ t i 1e 40211056\costes t . xl st Phase -A. 1045-03 ITEM ITEM QUANTITY UNIT COST COST NUMBER Grading and Earthwork --price includes construction staking--- _ _i Mobilization _ ! 1 L.S. 524,000.00. 524.000.00 Demolition of Existing Home a 1 L.S. $18.000.001 S18,0013.00 5125,500.00 $125,500.00 Earthwork i I L.S. Topsoil Stripping and Stockpile 1 1 L.S. Drill seed and Hydromulch i1 L.S. 524,300.00 524.300.00 $7.500.00 57,500.00 53,500.00 53,500.00 'Erosion and Sediment Control 1 1'L.S. Sawcut, Remove and Dispose of Existing Asphalt --1 1592 S.Y. 53.00 54,776.00 52.00 51.180.00 53.50 52,852.50 51.50 52,226.00 LSawcut, Remove and Dis ose of Exsun Curb & Gutter ' 590 L.F. Rotomill and Dispose of Existing Asphalt 1 815 S.Y. Mirati Weed Barrier 1 1484 S.Y. 2.5" Asphalt 1 1113 S.Y. 512.00 513,356.00 3" Asphalt 1 3215 S.Y. 59.90 531,828.50 3" Asphalt in Parking Areas 3I 2196 S.Y. 59.90 521.740.40 511.57 563,102.78 $8.75 57,087.50 4" Asphalt 1 5454 S.Y. 2" Asphalt at Battlement Mesa ParkwaL& Stone Quary Road I 810 S.Y. 4" Asphalt at Battlement Mesa Parkway & Stone Quarry Road 1 1608 S.Y. 511.57 534.00 534.50 534.50 534.50 534.50 518.604.56 56,324.00 512,627.00 543,366.50 530,187.50 S13,869.00 6" Class 6 ABC under pedestrian path l 186 C.Y. 6" Class 6 ABC under asphalt 1 366 C.Y. 8" Class 6 ABC under As-phalt 1 1257 C.Y. -1-9" Class 6 ABC under Asphalt 1 875 C.Y. 9" Class 6 ABC under Asphalt p tch on HMP and SQR 1 402 C.Y. 2'-6" Mountable Curb & Gutter 1 985 L.F. 514.75 524.50 514,528.75 558510.00 2'-6" Mountable Curb & Gutter & 4' Sidewalk 12380 L.F. 513.00 519,695.00 2'-0" Vertical Curb & Guaer i 1515L.F. 2'-0" Vertical Curb & Gutter & 4' Sidewalk 1 245 L.F. 521.00 55,145.00 510.50 $5,775.00 6" Barrier Curb -1 550 L.F. 510.001 58,700.00 6" Ribbon Curb1 870 L.F. !Concrete Cross Pan with Aprons 1 4345 S.F. 54.50 519,552.50 Handicap Ramp 1 16lEach 5750.00 51,200.00 51,344.00 512,000.00 51,200.00 51,344.00 Curb OpepgI 1 Each Curb Opening across Sidewalk 1•-- 1 Each Class 1 Ground Sign I 28 Each 5200.00 55,600.00 Pedestrian Sim -Flasher i 2 Each 51,900.00 53,800.00 Remove/Replace Guardrail I �� 1 L.S. 54,500.001 54,500.00 Pedestrian Cross Walk1 L.S. 53,200.00 53,200.00 Traffic Control 11 1 L.S. 521,000.00 321,000.00 Pavement Stri in 1 11L.S. I 56,500.00 56.500.00 Subtotal 5666,778.49 Damage and'.Stonn Sewer -?i i 6 iii stl4.,l," . u; ,, ,.,,:,..' .-:-0,1; , , ,., ". r .., „:1 n .,i .!.10i1 a:'i1 i',, . 18' ADS N -I2 177 L.F. 532.00 55,664.00 154' CMP Culvert,2 Pipes) 160 L.F. 578.001 512,480.00 57,500.00 57,500.00 Concrete Headwall w/ Trash Rack for 2-54' CMP's 1 Each [Concrete Headwall for 2-54" CMP's 1 Each 57,500.00 57,500.00 52,900.00 55,800.00 [Dr 16 Combination Inlet 2 Each LADS Pond Outflow Control Structure 2 Each 52,200.00 54,400.00 19" (d50) Grouted Riprap 1 L.S. 53,500.00 56,500.00 51,500.00 53,500.00 $6,500.00 • 51,500.00 118" (650) Grouted Riprap IJL.S. Sorm !Raise Exiscin tInlet Rim 1 Each Pyramat Geotextile Fabric 135 S.Y. 522.00 5450.00 52,970.00 5900.00 Ptpe Bollards 2 L.S. ;North American Green S-250 Erosion Control Blanket 2715 S.Y. 52.00 55,430.00 Subtotal 564,144.00 111111111111111111 11111 III 1111111111111 111 1111111111111 643045 12/16/2003 10:01A B1546 P975 M ALSDORF 12 of 12 R 61.00 D 0.00 GARFIELD COUNTY CO Valley View Village Subdivision -Phase 'A' SUMMARY OF ENGINEER'S ESTIMATED PRELIMINARY CONSTRUCTION COST October 30, 2003 HCE JOB NO: 2021056.00 k:\gprodata\fite4202\ 1036\costes' . xJs1 Phase- A. 10-28-03 ITEM ITEM NUMBER QUANTITY UNIT COST COST Sewer I --price includes trenching and Fittings-- I 1 8" SDR 35 Sewerline 1 25101L.F. 5.Each IS Each !!Each 60IEach -_� 11Each S29.$0i $2.500.00' 52.400.00 $3,900.00-11 374,045.00 18" Sewer Stub with Cap S12,500.00 543,200.00 ��— 14' Dia. Manhole ___ Remove and replace existing manhole '_.._.._ 33,900.00 14" Sewer Service S550.001 51,750.00 533,000.00 51,750.00 ~Raise Existing Sewer Manhole Rim 1 1 1 1 Subtotalt 5168,395.00 1 Domestic Water 1—price 18" includes trenching and fiuin5s- C900 Waterline 1 45501L.F. 524.00 5109,200.00 112" C900 Waterline 1 1151L.F. 538.00 34,370.00 18" Gate Valve —1 i 25lEach 51,500.00 —52,900.00 537,500.00 Gate Valve IlEach 5545.00 S2,900.0_0 r12" 1314" Water Service w/ Single Meter Pit 54jEach $29,430.00 12 1/2" Irrigation Service w! Single Meter Pit 1 11 Each 52,250.00 52,250.00 Fire Hydrant Assembly �10IEach T.--8" 6IEach 52,750.00 51,400.00 527,500.00 58,400.00 1 Water Main Stub and Blowoff Valve j8" Air Vac IlEach 53,900.00 $3,900.00 rPRV wlvault 1 (Each 529,500.00 529,500.00 Connection to Existing Main 1 !Each 1 52,250.00 32,250.00 J Subtotal 5257,200,00 Miscefi'drteous a1 °!its hr • ,il J -'rJ ,,::', a { 1,. i,..-: Pothole Located ExistiaHigh Pressure Gas Main 171Each 36501L.F. 5400.001 36.00 56,800.00 521,900.00 4' Shallow Utility Trench 4' electric conduit installation (conduit furnished by utility) 36501L.F. 36501L.F. 31.00 S2 001- 53,650.00 4" Telephone Conduit to include installation 57,300.00 Transformer Vault Excavation 19IEach • $400.001- 37.001 58.751 Subtotalr $7,600.00 4" Conduit Sleevinte Roadway Intersections 850C...F. 850IL.F. 55,930.00 $7,437.50 560,637.50 6" Conduit Sleevin8 ® Roadway Intersections I 1 1 Subtotal! 31,217,154.99_ 560,857.75_ 5% Continn euciyj_ 2 2% Construction Testing! 1 TOTAL! 330,428.87 1 f 1 $1.308,441,61 This estimate does not include engineering services, tap tees or utility soft costs. High Country Engineering, Inc. carrot be held responsible t'or variances from its estimate az actual f.rosts may vary due to bidding, final contracting and market fluctuations. 1111111 I 111111111111 111111111111111111IIl1!IJI 1 of 78 R 0.00 D 0.00 .GRRFIELD 2 M ALSD� III! LD COUNTY CO STATE OF COLORADO County of Garfield )ss At a re Colorado guIar meeting of the Board of Count held in the Commissioners' Y Commissioners for Garfield Count Glenwood Springs on CMonday, Meeting Room the 4th day of August, 2003, there weld ere plaza BuildingY, John Martin present: in L • McCown Tresi Hou,t , Commissioner Chairman Don DeFord Commissioner Mildred Alsdorf , Commissioner Ed Green ,County Attorney , Clerk of the Board when the following ' ' County Manager Proceedings, among others were had and done, to -wit: RESOLUTION NO. 20 3 A RESOLUTION CONCERNED - 67 PLANESFOR VALLEY ERVIENWD WITH THE APPROVAL OF SUBMITTED BY DARTER, LVI VILLAGE PLANNED UNIT DEVELOPMENT, A PRELIMINARY ON BEHALF OF EDWA�EVELOIDA LE ROAGLUND AND IDA LEE WHEREAS, the Board of Count received a Preliminary Plan a y Commissioners of Garfield Count Lee Hodgland, Preliminary application from Darter, L consisting property owners, to subdivide approximately 36n beacres of Edward Colorado, lots g of 119 units (single-, two- famujy elli acres °nland into 47 andIdaand multi -family dwelling units); and land WHEREAS, the property subject to Township 7 South, Range 95 this resolution is described as a land in that portion conveyed the Westeof the 6th exce Colorado by P.M., Section 18: SE parcel sof instrument recorded in Book 561 at Pate Commissioners,NE �, Page 675, , Garfield County, Reception No. 310152; and forwardedHEREAS, on June 11, 2003 forwarded dsioners for the Subdivision approval °the Garfield Cnunt minwith conditions to Planning CO1nmission Preliminary Plan re the Board of WHEREAS Quest; and County upon the question ' the Board held a public hearing4th of whether the above described Preliminary denied, at which heday of August, 2003, express their opinion re the public and interestedwere Plan should be Harding the Prelim' personsngiven the opportunity or Preliminary Plan; and PPortunity to t� `1 00 v• A111110111 111111 im n is 11i1 11111 j i 2365 78 R 0100 D 0.0003 GA 'P 81818 P823 M ALSDO RFIELD COUNTY CO WHEREAS, based on the material s Commission submitted the applicant, the Planning Department, this Board finds as follows recommendation of the Planningand the comments of the Garfield County 1 • That proper posting before ther Planning and public notice was provided g Commission; provided, as required, for the hearing 2. That the meeting before the Planning Commission was extensive facts, and issues were submitted and that a11le' thatpaatial were heard at matters hearing; 3• That for the above stated and other reasons,interested interest of health, safety, the proposed subdivision is in the best the citizens the healt , d morals, convenience order, prosperity and welfare of 4. That the application is in confo Resolution, as amended; rrriance with the 1978 Garfield County Zoning S. Regulations of 1984 That the application is in conformance with the Garfield Count as amended. y Subdivision NOW, THEREFORE Commissioners of Garfield County, IT RESOLVED Commissioners above, the of Garfield y, Colorado, that based on by the Board of Preliminary Plan of the Valle determination v facts set fo be approved subject to the followingy View Village planned Unit conditions: rat Development l • That all representations made b public representations before the by the Applicant in the application, specificallybyPlanning and at the the Planning n, shad be conditions of approval, 2. g Commission. At the same time the First Final Plat is submitted, the Exemption Plat for the created36 two tracts: 2 Applicant Garfield rfall sCou t an (the subject of this approval), aichs (owned by d by te County) y pursuant to Resolution No. 82-327. which was a Plat shall o recorded Resolution Upon a approved by the xe pti at the same time as the First F nal the Board, the Exemption 3• The A Ption Applicant shall modify the Protective Covenants to reflect mitigation measures recommended in the Wildlife Re mitigation by Kirk Beattie recommended the August / 8, habitat Wildlife RepoofBert, Natural Resources Con ultingInc.18, as followR p rt' and the recommendations of the Colorado Division2002, Consulting, In, in the of Wildlife A. Some details contained in Natural tails conrce ainCod in the Wildlife Report ("Report") Covenants for the subdivision and ng are shall be modified ifferent than hose proposed prepared dthe Beattie below. unless otherwise noted 111111 11111 111111 11111 111111 11 11111111111 11111 11111111 636574 09/15/2003 04:24P 81518 P824 M ALSDORF 3 of 8 R 0 00 D 0.00 GARFIELD COUNTY CO B. On page 20 of the Report, garbage containers are addressed in a different manner than is proposed in Item 5.23 of the Covenants. The CDOW supports the language and intent in the Covenant. C. CDOW believes that controlling dogs per Item 5.13 of the Covenants is preferred over those measures proposed in the Report (page 20). D. Cats shall also be included in the Covenants. E. CDOW endorses the provisions of the Covenants to facilitate wildlife movement in the subdivision. F. Item 5.23 of the Covenants prohibits hunting. It will not be necessary to indemnify CDOW as proposed in the Report (page 20). G. CDOW agrees that the homeowners association should own and maintain the common open space. Maintaining wildlife cover and forage in the common open space will help to mitigate most of the negative impacts to wildlife associated with the project. The open space corridors should also be maintained in this manner. Proposing that individual lot owners manage the corridors does not assure that the area will remain productive wildlife habitat. H. Clarifying the discrepancies mentioned above and adding the CDOW suggestions into the Valley View Subdivision Preliminary Plan will mitigate most of the negative impacts to wildlife. 4. Prior to recording of the First Final Plat, the exchange of deeds for the 50' gas line by Public Service Company / Xcel Energy, the County and the landowners, shall be executed and recorded 5. Pursuant to section 4.09.01 of the Zoning Resolution, the Applicant shall begin development within one year from the time of final approval. 6. Prior to the recording of the First Final Plat, a copy of the annexation documentations shall be provided to the County. 7. The following geologic hazard mitigation measures shall be adhered, as well as Plat notes and in the Protective Covenants: A. The recommendations by Hepworth-Pawlak Geotechnical, Inc. ("HP GeoTech") outlined in the Preliminary Geotechnical Study for the Subdivision dated September 16, 2002, [Job No. 102 526] shall be adhered. These Preliminary Design Recommendations include provisions for foundations, floor slabs, under -drain system, site grading, surface drainage and pavement subgrade. B. In addition to the drain systems for foundations recommended by HP GeoTech, due to the presence of swelling clay soils, perimeter drains should be installed around foundations. Perimeter drains prevent excessive ground moisture from saturating the soils and thus reduce the overall potential for expansion or consolidation. 11111 111111 11111 111111 11 11111111111 11111 11111111 636574 09/15/2003 04:24P 81518 P825 M RLSDORF 4 of 8 R 0.00 D 0.00 GARFIELD COUNTY CO C. Due to the possible presence of radon gas in the area, testing for radon gas shall be done when the residences and other occupied structures have been completed, prior to the issuance of a Certificate of Occupancy. D. Once the grading plan has been completed on site, the drainage report shall be updated to account for new cross-sectional profile of the drainage. If a new channel cross-section changes the flow velocities within the drainage, some type of slope reinforcement may be necessary to prevent erosion along the length of the fill slope. 8. Prior to the First Final Plat, the Applicant shall comply with the recommendations of the Garfield County Road and Bridge Department, dated April 2, 2003, listed below which are applicable at the First and applicable Final Plat. The remainder of these recommendations shall be incorporated within the Access Permit obtained from the Road and Bridge Department: A. The deceleration lane for the entrance to Valley View Drive from South Battlement Parkway shall have proper signage to indicate traffic exiting South Battlement Parkway. A stop sign shall be required at the exit from Valley View Drive onto South Battlement Parkway. B. On the downhill lane of South Battlement Parkway at the exit of Valley View Drive, a sign designating the intersection shall be installed. C. It was agreed upon during the site visit on April 10, 2003, that a deceleration lane from Stone Quarry Road was not needed for the entrance to Valley View Drive. D. A stop sign shall be required at the exit from Valley View Drive onto Stone Quarry Road. There shall be an intersection sign placed on both traffic directions of Stone Quarry Road warning of traffic entering and exiting from Valley View Drive. E. The cross walk on Stone Quarry Road shall be located as agreed to on the site visit (adjacent to Stone Quarry Road). A portion of the guardrail of Stone Quarry Road may be removed to accommodate cross walk. There shall be flashing lights and proper signage warning traffic traveling in both directions on Stone Quarry Road of the cross walk. This crosswalk shall be delineated on the First Final Plat. F. Proper work zone signage and traffic control shall be required for all work being performed on South Battlement Parkway and Stone Quarry Road and of construction vehicles entering and exiting project. G. All signage and flashing lights shall meet standards and installation guidelines as set forth in the Manual on Uniform Traffic Control Devices. H. Driveway access permits will be issued with provisions specific to the permits upon final approval of the subdivision. 9. Pursuant to section 9:34 of the Subdivision Regulations, all streets / roads within the subdivision shall be dedicated to the public, except those private driveways within the multi -family lots (i.e. Angelica Circle, Jessica Lane and Bryan Loop). HRH 11111 111111 11111 11110 11 11E11 111 11111111 636574 09/15/2003 04:24P 61518 P826 M ALSOORF 5 of 8 R 0.00 D 0.00 GARFIELD COUNTY CO Repair and maintenance of these streets / roads shall be the responsibility of the incorporated Homeowners Association. This shall be reflected in the Protective Covenants. 10. The project shall provide for 9 acres of Common Open Space (25% of 36 acres) as required pursuant to 4.07.09 of the Zoning Resolution. 11. Prior to First Final Plat, as agreed upon by the Grand Valley Fire Protection District, the Applicant shall address and provid written confirmation that the items outlined in High Country Engineering's letter dated May 30, 2003 have been resolved as agreed upon. 12. Prior to the submittal of First Final Plat, the Applicant shall provide the following weed management information for review and approval by the Garfield County Weed Management Director: A. Noxious Weeds: i. Weed Management: The Applicant inventory list provided by the Applicant lists the presence of Diffuse knapweed and Plumeless thistle. These are weeds that should be treated immediately when found. Prior the Board of County Commissioner review of Preliminary Plan, the Applicant shall provide for noxious weed treatment and thus prevent seed production before any earthmoving commences. ii. Common area weed management: The Applicant shall designate weed management responsibilities for common areas, including roadsides, open spaces, and the asphalt bike / pedestrian trail. iii. Covenants: It is common for vacant lots in Battlement Mesa to become infested with Russian knapweed. Due to the number of lots, it creates a staffing problem for the County in attempting to conduct enforcement. The Applicant shall incorporate language in the covenants that will require vacant lot owners to manage noxious weeds under Colorado law. The Applicant shall provide language into the covenants that will give the Homeowners Association the authority and responsibility to access vacant lots with unattended county -listed noxious weeds for treatment costs. B. Revegetation: i. The revised Revegetation Guidelines from the Garfield County Weed Management Plan calls for the following: a). Plant material list. b) Planting schedule. 11111 11111 111111 11111 111111 11 11111111111 11111 1111111 636574 09/15/2003 04:24P B1518 P827 M ALSDORF 6 of 8 R 0.00 D 0.00 GARFIELD COUNTY CO c) A map of the areas impacted by soil disturbances (outside of the building envelopes). d) A revegetation bond or security shall be determined at First Final Plat and paid prior to First Final Plat submittal. ii. Prior to First Final Plat, the Applicant shall provide a plant material list. The Applicant shall provided detailed information with respect to Item 12(B)(i)(a-d) listed above. iii. Prior to First Final Plat, the Applicant shall submit a map that quantifies the area, in terms of acres, to be disturbed and subsequently reseeded on road cut and utility disturbances. iv. The security shall be held by Garfield County until vegetation has been successfully re-established according to the Reclamation Standards in the County Weed Management Plan. The Board of County Commissioners will designate a member of their staff to evaluate the reclamation prior to the release of the security. C. Soil Plan: i. The Revegetation Guidelines also request that the Applicant provide a Soil Management Plan that includes: a) Provisions for salvaging on-site topsoil. b) A timetable for eliminating topsoil and/or aggregate piles. c) A plan that provides for soil cover if any disturbances or stockpiles will sit exposed for a period of 90 days or more. 13. The proposed subdivision is located in the Garfield County Traffic Study Area 1. The total impact fee payment shall be determined prior to First Final Plat. The fee shall be calculated in accordance to section 4:94 of the Subdivision Regulations. Fifty percent (50%) of the road impact fees shall be collected at the submission of First Final Plat for the Subdivision. All other road impact fees will be collected at the issuance of a building permit. 14. The 20' Buffer, Pedestrian, and Utility Easement, approved as part of the Planned Unit Development, shall be delineated on the applicable Final Plat as such. The maintenance of the easement will be the responsibility of the Valley View Village Homeowners Association, which shall be reflected in the Protective Covenants. In addition, the Protective Covenants will restrict any development, i.e. fences, within this easement. 15. Prior to First Final Plat, the Applicant shall provide revised drawings, to be reviewed and approved by the County Engineer, of the detention facility which will be relocated on the east side of Valley View Circle within the PUD. 111111 11111 111111 1101 111111 11 11111111 111 11111 1111 1111 636574 09/15/2003 04:24P 81518 P828 M ALSDORF 7 of 8 R 0.00 D 0.00 GARFIELD COUNTY CO 16. In addition to other required conditions of approval, the Applicant shall include the following plat notes on the First and applicable Final Plats: A. No building permits shall be issued for Lot 47 until such time this lot has been re -subdivided in accordance with standard subdivision procedures. B. All exterior lighting will be the minimum amount necessary and all exterior lighting will be directed inward, towards the interior of the subdivision, except that provisions may be made to allow for safety lighting that goes beyond the property boundaries. C. One (1) dog will be allowed for each residential unit and the dog shall be required to be confined within the owner's property boundaries. D. No open hearth solid -fuel fireplaces will be allowed anywhere within an exemption. One (1) new solid -fuel burning stove as defied by C.R.S. 25-7- 401, et. seq., and the regulations promulgated there under, will be allowed in any dwelling unit. All dwelling units will be allowed an unrestricted number of natural gas burning stoves and appliances. E. Colorado is a "Right -to -Farm" State pursuant to C.R.S. 35-3-101, et seq. Landowners, residents and visitors must be prepared to accept the activities, sights, sounds and smells of Garfield County's agricultural operations as a normal and necessary aspect of living in a County with a strong rural character and a healthy ranching sector. All must be prepared to encounter noises, odor, lights, mud, dust, smoke chemicals, machinery on public roads, livestock on public roads, storage and disposal of manure, and the application by spraying or otherwise of chemical fertilizers, soil amendments, herbicides, and pesticides, any one or more of which may naturally occur as a part of a legal and non -negligent agricultural operations. F. All owners of land, whether ranch or residence, have obligations under State law and County regulations with regard to the maintenance of fences and irrigation ditches, controlling weeds, keeping livestock and pets under control, using property in accordance with zoning, and other aspects of using and maintaining property. Residents and landowners are encouraged to learn about these rights and responsibilities and act as good neighbors and citizens of the County. A good introductory source for such information is "A Guide to Rural Living & Small Scale Agriculture" put out by the Colorado State University Extension Office in Garfield County. Dated this 31 day of , A.D. 2003. 1111111 11111 111111 IIIII 111111 11 111111111111111111111111 836574 09/15/2003 04:24P B1518 P829 M ALSDORF 8 of 8 R 0.00 0 0.00 GARFIELD COUNTY CO .:00,0i1111111,1,11, Cr:), j Cle Of the $oard GARFIELD COUNTY BOARD OF COMMISS SNE S, GARFIELD COUNT', COLO ►' ' DO Upon motion duly made and seconded the fo ted by the following vote: John Martin , Aye , Aye , Aye Larry McCown Tresi Houpt STATE OF COLORADO ) )ss County of Garfield ) I, , County Clerk and ex -officio Clerk of the Board of County Commissioners in and for the County and State aforesaid do hereby certify that the annexed and foregoing Resolution is truly copied from the Records of the Proceeding of the Board of County Commissioners for said Garfield County, now in my office. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County, at Glenwood Springs, this day of , A.D. 2003 County Clerk and ex -officio Clerk of the Board of County Commissioners ©1.-o o \--1 c 11111111111111)1111111111111111111111111111111111111111 614of48 321R 161?003D10.00A8/546 GARFIELD979 M 000NTY`COORF l MASTER DECLARATIONIOF COVENANTS, CONDITIONS AND RESTRICTIONS FOR VALLEY VIEW VILLAGE SUBDIVISION IN BATTLEMENT MESA PUD THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR VALLEY VIEW VILLAGE is made and entered into this i(p 1 day of b. cEr bert-, 2003, by DARTER, LLC ("Declarant"). RECITALS WHEREAS, Declarant is the owner of certain property in the Southeast 1/4 of the Northwest %, Section 18, Township 7 South, Range 95 West of the 6° Principal Meridian, Garfield County, Colorado which is morc particularly described as Tracts B, C, D, E and Lot 46 as depicted on thefinalpladAdillayiew BBa„ mens Mesa a P.U.D. recorded in the Office of the Garfield County Clerk and Recorder as Reception No. It/ -1-V44 (the "Final Plat"); and WHEREAS, Declarant deems it desirable to impost a general plan for the improvement, development and maintenance of such property and to adopt and establish covenants, conditions and restrictions upon that property for the purpose of enhancing, maintaining and protecting the value and attractiveness thereof; and WHEREAS, Declarant deems it desirable to set aside a portion of the property as Common Areas for the use of the owners of such property and to establish a Colorado nonprofit corporation known as the VALLEY VIEW VILLAGE HOMEOWNERS ASSOCIATION, which shall be responsible for the management and maintenance of the development referred to herein. NOW, THEREFORE, Declarant hereby declares Covenants, Conditions, Restrictions and Easements to be imposed on and for the benefit of Valley View Village and in furtherance of the purposes stated below, Declarant makes the following declarations: ARTICLE I GENERAL PURPOSE OF COVENANTS, SUBMISSION. DEFINED TERMS, DESCRIPTION 1.1 Pumas e. This Declaration of Covenants, Conditions and Restrictions (hereinafter "Covenants") shall govern and be applicable to that certain real property located within Garfield County, Colorado, known as the Valley View Village Subdivision (hereinafter "Subdivision"), as more particularly described on the Final Plat, which Final Plat is incorporated herein by reference. All future phases of the Subdivision to be developed within Tracts F, G, H or Lot 47 as shown on the Final Plat shall be also be subject to the provisions of these Covenants. • 1 111111 11111 111111 11111 111 1111111111111 111 11111 11111111 643048 12/16/2003 10:15A 81541 P980 M RLSDORF 2 of 32 R 181.00 D 0.00 GARFIELD COUNTY CO Master Declaration of Covenants, Conditions and Restrictions for Valley View Village Subdivision in Battlement Mesa PUC Page 2 It is the intention of the Declarant, expressed by its execution of this instrument, that the lands within the Subdivision be developed and maintained as a highly desirable affordable scenic residential area. h is the purpose of these Covenants to preserve the present natural beauty and character of the property along with the views and setting of the Subdivision to the greatest extent reasonably possible, and the Lots therein shall always be protected as much as possible with respect to uses, structures, landscaping, and general development as permitted by this instrument. 1.2 Property Submission. Declarant hereby submits Tracts B, C, D, E and Lot 46 of the Subdivision (the "Property") as now shown on the Final Plat, together with all easements, rights-of-way, and appurtenances thereto and any buildings, fixtures, and improvements thereon pursuant to the provisions of the Colorado Common Interest Ownership Act, which is set forth at C.R.S. §38-33.3-101 et leg, (hereinafter "Act") and to these Covenants. hi the event the Act is repealed, the provisions of the Act on the effective date of these Covenants shall remain applicable hereto. Declarant further declares that the Property shall be held, leased, mortgaged, sold, and conveyed subject to the following terms, casements, reservations, restrictions, covenants, and conditions. Declarant further declares that these Covenants shall run with the land and shall be binding upon all parties having any right, title, or interest in the Property or any part thereof, their heirs, devisees, legal representatives, successors, and assigns and shall inure to the benefit of each and every Owner. All streets and roads located within the Subdivision shall be dedicated to the public, except for those private roads and driveways within the multi -family Lots (i.e. Angelica Circle, Jessica Lane and Bryan Loop). Repair and maintenance of the public and private streets and roads within the Subdivision shall be the sole responsibility of the Association (as hereinafter defined). 1.3 pefined Terms. Each capitalized term not otherwise defined in these Covenants shall have the meaning specified or used in the Act. 1.4 Name of Common Interest Community. The name of the Common Interest Community is "Valley View Village." 1.5 Type of Common Interest Community. The type of Common Interest Community is a planned community. 1.6 Association Name. The name of the Association is the "Valley View Village Homeowners Association," a Colorado nonprofit corporation (hereinafter "Association"). 14111rt1H1:..+.YL.r" M._....X14....n.r.1r........nrwvu......11.)a.m .enA 111111 111il 1111 IIIII 1I111111111111111111111111111111 643048 12/18/2003 10:15A 81548 P981 M ALSDORP 3 of 32 R 161.00 D 0.00 GARFIELD COUNTY CO Master Declaration of Covenants, Conditions and Restrictions for Valley View Village Subdivision in Battlement Mesa PUC Page 3 1.7 Property Location. The property constituting the Common Interest Community is located within the County of Garfield, State of Colorado. I.8 Property Description. The Property shall consist of Tracts 13, C, D, and E and Lot 46 as shown on the Final Plat. ARTICLE II DEFINITIONS 2.1 "Additional Land" shall mean and refer to additional real property subject to Declarant's unilateral right of annexation as provided elsewhere in this Declaration, which property consists of all that land shown as Tracts F, G and H and Lot 47 on the Final Plat. 2.2 "Association" shall mean and refer to VALLEY VIEW VILLAGE HOMEOWNERS ASSOCIATION, its successors and assigns. The Association shall be responsible for the Common Areas and common elements of the development, but shall have no responsibility or duty toward the limited Common Areas and limited common elements. 2.3 "Attached Single Family Home" shall mean those structures comprised of two (2) or more single family Units sharing a common party wall, and located only on Lots 23, 24, 25, 26 and 46 of the Property and referred to alternatively as "Townhome." 2.4 "Common Area" shall mean all real property (including the improvements thereto) owned,.or maintained -by the Association for'tbe common use and enjoyment -of all the Owners. Common Arca shall be owned in fee simple by,tbeAssociation or by the grant of an easement to the Associate 2.5 "Common Elements" shall mean the outdoor lighting of the Common Area, landscaping on Common Areas and such other improvements as the Associadon may cause or accept. Common Elements shall be owned in fee simple by the Association or by grant of an easement to the Association. Any references to "common elements" appearing on the Final Plat (except references to limited common elements) shall be deemed solely for purposes of general information and shall not be limiting in any way, nor shall any such reference define the common elements in any way. 2.6 "Future Plats" shall mean the final plats to be submitted at the appropriate times for Tracts F, G and H and Lot 47. Future Plats shall also include plats and/or airspace surveys effectuating the resubdivision of any portion of the Property into multifamily residential units. MMONaonMeinr .Ffnry trtor nteeme...VVVMw.v.11.)VII "n1 111111111111 111111 11111 111 111111 1111111 111 11111 1111 1111 643048 12/16/2003 10:15A 81546 P982 !1 ALSDORF 4 of 32 R 161.00 D 0,00 GARFIELD COUNTY CO Master Declaration of Covenants, Conditions and Restrictions for Valley View Village Subdivision in Battlement Mesa PUC Page 4 2.7 "Limited Common Areas" shall mean the parts of the Common Areas dedicated to the use and enjoyment of less than all of the Owners of the Subdivision. The "Limited Common Areas" may be defined in the Declaration of Covenants, Conditions and Restrictions to be filed by the Townhome Homeowners Association or other sub -association, as the case may be, and shall be subject to the control of the Townhome Homeowners Association or other sub - association, as appropriate. 2.8 "Limited Common Elements" shall mean the elements and components of each of the multi -family buildings as may be defined in the Declaration of Covenants, Conditions and Restrictions to be filed by the Townhome Homeowners Association or other subassociation, as the case may be, and shall be subject to the control of that association. 2.9 "Lot" shall mean and refer to any plot of land shown upon any recorded Subdivision map or plat of the properties with the exception of the Common Arca. and where required by the context, shall include or mean the Unit. 2.10 "Mortgage" shall mean any mortgage or decd of trust or other conveyance of a Unit, or any interest therein, including but not limited to the improvements thereon, to secure the performance of an obligation, which Unit will be reconveyed upon completion of such performance. 2.11 "Mortgagee" shall mean and include mortgagees, trustees, beneficiaries and holders of deeds of trust, and the holders of any indebtedness secured by a Mortgage. 2.12 "Mortgagor" shall mean and include mortgagors and trustors under deeds of trust. 2.13 "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of a fee simple title to any Lot or Unit which is a part of the Properties, including contract sellers but excluding those having such interest merely as security for the performance of an obligation. 2.14 "Property" or "Properties" shall mean and refer to Tracts B, C, D and E and Lot 46 as depicted on the Final Plat and such additions thereto as may hereafter be brought within the jurisdiction of the Association. 2.15 "Townhome Association" shall mean and refer to VALLEY VIEW VILLAGE TOWNHOME HOMEOWNERS ASSOCIATION, its successors and assigns and shall function as a sub -association within the scope of the Association. The Townhome Association shall be responsible only for the limited Common Areas, the limited common elements as such terms may IA20071Oi aa\Can HonbesonelonepPACImmehrVVVM"ner.I 1.2343 wnt Orel iNvcs-e6;12 liEi 111111 11111 111 111111 1111111111 BE Ulla 643048 12/16/2003 10 15A 81546 P983 M ALSDORF 5 of 32 R 161.00 0 0 00 GARFIELD COUNTY CO Master Declaration of Covenants, Conditions and Restrictions for Valley View Village Subdivision in Battlement Mesa PUC Page 5 be defined and elements declared in the Valley View Village Townhome Homeowners Association Declaration of Covenants, Conditions and Restrictions, 2.16 "Unit" means, as the context requires, a single family Lot, one portion of an Attached Single Family Home or a single unit in a multi -family building. ARTICLE 111 OWNERS - HOMEOWNERS ASSOCIATION 3.1 Formation and Membership. The Association shall be a nonprofit Colorado corporation charged with the duties and vested with the powers prescribed by law and as set forth in its Articles of Incorporation, Bylaws and this Declaration of Covenants, Conditions and Restrictions. Neither the Articles nor Bylaws of the Association shall, for any reason, be amended or otherwise changed or interpreted so as to be inconsistent with these Covenants. This Association shall be a membership association without certificates or shares of stock. All Owners, including Declarant, who own or acquire the title in fee to any of the Lots in the Subdivision by whatever means acquired shall automatically become members of Association. Membership in the Association shall automatically terminate when an Owner of one of the Lots ceases to be an Owner of such Lot. Each Unit within the Subdivision shall be entitled to one (1) vote. In addition to all duties imposed upon it by the laws of the State of Colorado, by its Articles of Incorporation, its Bylaws and by this Declaration of Covenants, Conditions and Restrictions, the Association shall have the sole responsibility, at its sole cost and expense, to maintain all common open areas and open space corridors. For the benefit of wildlife indigenous to the arca of the Subdivision, the Association shall see that wildlife cover and forage is properly maintained in these open areas. 3.2 Executive Board and Officers. The affairs of the Association shall be governed by an Executive Board consisting of at least three (3) and no more than seven (7) members elected by the Owners. The initial Board shall be comprised of three (3) members. The Executive Board may elect or appoint officers in accordance with its Articles and Bylaws as the same may be amended from time to time. The Executive Board may also appoint various committees and hire employees as may be required. The Board shall determine the compensation to be paid to any employee of the Association. 3.3 Purpose. The Association, through its Executive Board, shall be authorized and empowered to take each and every step necessary or convenient for the implementation and enforcement of the Covenants contained in this Declaration. The Association shall have the right I-12lnn\liust.\r...es II n.nlnromentAlma.rh•VVVMmtm11454'. 1 111111 11111 111111 11111 111 II111111111111111111111111111 643048 12/16/2003 10:15A 61546 P984 M ALSDORF 6 of 32 R 161,00 D 0.00 GARFIELD COUNTY CO Master Declaration of Covenants, Conditions and Restrictions for Valley View Village Subdivision in Battlement Mesa PUC Page 6 and res • •nsibili n .otIICTWt{y.Dl�jPfil interests of the Owne cith.,cespecata..all..cAmmP a ts-af.the..t�,ntner3414--- ...... . interests Association shall be governed by its Articles of Incorporation and Bylaws as may be amended from time to time. 3.4 Common Elements. The Association shall own, operate, and maintain al Common Elements within the Subdivision. These common elements shall include, among other things, the internal trail system, the pedestrian bridge, any sidewalks within the Subdivision, and any landscaping undertaken by Declarant or the Association in accordance with the provisions hereof. 3.5 Declarant Control. The Declarant shall have the reserved power, pursuant to the Act, to appoint and remove officers and members of the Executive Board. This period of Declarant control ("period of Declarant Control") terminates no later than the earlier of (a) sixty (60) days after conveyance of seventy-five percent (75 %) of the Lots to Owners other than the Declarant or (b) two (2) years after the last conveyance of a Unit by the Declarant in the ordinary course of business to an Owner other than Declarant. During the period of Declarant Control, the Declarant's Control shall be subject to thc following limitations: ' a. Not later than sixty (60) days after conveyance of twenty-five percent (25%) of the Units that may be created to Owners other than the Declarant, at least one (1) member and not less than twenty-five percent (25%) of the members of the Executive Board must be elected by Owners other than the Declarant. b. Not later than sixty (60) days after conveyance of fifty percent (50%) of the Units that may be created to Owners other than the Declarant, not less than thirty-three and one-third percent (33 1/3%) of the members of the Executive Board must be elected by Owners other than the Declarant. 3.6 Limited Liability and lndemnificatioq. To the fullest extent permitted by law, neither the Association nor its past, present or future officers, directors, nor any employee. agent or committee member of the Association, nor the Declarant shall be liable to any Owner or to any other person for any damage, act, omission to act, simple negligence or other matter of any kind or nature, except gross negligence. Without limiting the foregoing, the Association, the Board and the Declarant shall not be liable to any party for any action or for any failure to act, in good faith and without malice. Acts taken upon thc advice of legal counsel, certified public accountants, registered or licensed engineers, architects or surveyors shall conclusively be deemed to be in good faith and without malice. To the extent insurance carried by the Association for such purposes shall not be adequate, the Owners severally agree to indemnify the Association, the Board and the Declarant against all loss resulting from such action or failure PV.007Y7kNNierm HamifL"a.""M"V7rv,wa vvvurOM.t 131411 wet 111111111!1(1111111111111111111111111111111111111111111 643048 12/16/2003 10:15A 81546 P983 M ALSDORF 7 of 32 R 161.00 D 0.00 GARFIELD COUNTY CO Master declaration of Covenants. Conditions and Restrictions for Valley View Village Subdivision in Battlement Mesa PUC Page 7 to act, including expenses and liabilities, attorneys' fees, reasonably incurred by or imposed upon them in any proceeding to which they may be a party, or in which they may become involved. The foregoing limitations of liability shall extend to the officers, agents, legal representatives and owners of Declarant. 3.7 Notice to Owners. Notice to an Owner of matters affecting the Subdivision by the Association or by another Owner shall be sufficiently given if such notice is in writing and is delivered personally, by courier, or private service delivery or on the third business day after deposit in the mails for registered or certified mail, return receipt requested, at the address of record for real property tax assessment notices with respect to that Owner's Lot. ARTICLE IV EASEMENTS AND LICENSES 4.1 Unit Owners' Easements. Every Owner shall have a right of enjoyment and easement for access to their Lot through or over the Common Elements, and such easement shall be appurtenant to and shall pass with the title to every Lot, subject to the following provisions: a. The right of the Association to promulgate and publish rules and regulations with which each Owner and their guests shall strictly comply. b. The right of the Association to suspend the voting rights and rights to use the Common Elements by any Owner for any period during which any assessment against their Lot remains unpaid and for a period not to exceed sixty (60) days for any infraction of its rules and regulations. c, The right of the Association to grant easements, leases, licenses, and concessions through or over the Common Elements. d. The right of the Association to convey or subject a Common Element to a Security Interest in accordance with and to the extent permitted by the Act. e. The right of the Association to close or limit the use of the Common Elements while maintaining, repairing, or replacing such Common Elements. f. Any Owner may delegate their right of enjoyment to the Common Elements and facilities to the members of their family, their tenants, or guests who reside on or rent their Lot. g. The terms and conditions of these Covenants. 1.1111tI.Nx:w+..r..o. w.,...1n..M*vvvuw.., wsm ,,,d 1 111111 11111 111111 11111 111 111111 1111111 111 11111 1111 1111 643048 12/16/2003 10:15A 81546 P986 M ALSDORF 8 of 32 R 161.00 D 0.00 GARFIELD COUNTY CO Muter Declaration of Covenants, Conditions and Restrictions for Valley View Village Subdivision in Battlement Mesa PUC Page 8 4.2 Easements Shown on Final Plat. The Association is entitled to use such easements as are reflected on the Final Plat for the Subdivision and the Future Plats. Except by agreement with an Owner, the Association shall have no obligation to pay any amount for the use and enjoyment of such easement. The Association shall pay for the cost of maintaining and repairing any improvements which it places on any easements. In addition, maintenance of the twenty -foot (20') Buffer, Pedestrian and Utility Easement, approved previously as part of the PIanned Unit Development, shall be the sole responsibility and at the sole expense of the Association. No development of any kind, including without limitation fencing, shall be allowed in the Buffer, Pedestrian and Utility Easement. 4.3 Easements for Access and Repairs. The Association shall be entitled to an easement across any of the Lots within the Subdivision for the purposes of accessing any of the Association's property, protecting any Association property, or for necessary repairs or emergency circumstances. The Association may access all Lots within the Subdivision at reasonable times to determine compliance with the conditions of approvals of the Subdivision granted by the County of Garfield and to determine and enforce compliance with all of the provisions of these Covenants. ARTICLE V USE RESTRICTIONS 5.1 General Restriction. Except as provided below, the Property, except for Lot 47, shall be used only for the residential dwelling purposes subject to the applicable rules and regulations of all governmental authorities having jurisdiction. Permanent occupancy of any Lot shall be limited to two (2) adults or three (3) children per bedroom. 5.2 Limited Business Activities. Subject to all applicable governmental regulations, as well as the PUD zoning districts as defined in Garfield County Resolution No. 82-330, and in addition to residential purposes, in-home business activities or occupations not involving the provision of on site services for customers or use of employees on site (other than Owners) shall be allowed, provided such activities; (i) are conducted solely within the Lot, (u) do not materially increase motor vehicle traffic on the Property, (iii) do not curate any external indication of an in home business, and (iv) do not generate any noise, smoke, dust, odors, hest or other offensive or noxious emanations on the Property. Notwithstanding the foregoing, business activities associated with the salt of Lots shall be allowed. 5.3 Construction and_Alteration of Improvements. No Owner shall construct, erect, place any structure or replace, repair, reconstruct, refinish or alter any part of the exterior of any Lot or other Improvement upon, under or above any part of the Property without the written 1'UM:NlisnKwse Ne,wlnrs,newdCmeWaV V VMmos f 1.2141 er*l 1 111111 11111 111111 11111 111 111111 1111111 111 11111 11 11 643048 12/16/2003 10:1514 B1546 P987 M ALSDORF 9 of 32 R IGLOO D 0.00 GARFIELD COUNTY CO Master Declaration of Covenants, Conditions and Restrictions for Valley View Village Subdivision in Battlement Mesa PUC Page 9 consent of the Architectural Committee and compliance with the provisions of this Declaration. However, improvements and alterations which are completely within the interior of a Lot's structure may be undertaken without such approval. No towers, exterior radio, television or communication antennae or dish receivers larger than twenty-four inches (24") in diameter, nails, boles, or other punctures on deck membranes, sheds, fences, outbuildings or other structures shall be permitted without the prior written approval of the Architectural Board. Dish receivers twenty- four inches (24") in diameter or less are permitted only on the side of the building and not on the roof. In the event of any requested addition or alteration, the Architectural Committee may require that the applicant (i) submit plans and specifications showing the nature, kind, shape, heights, color, materials and location of the proposed addition or alteration in sufficient detail for the Architectural Committee to properly review same and (ii) pay for processing and review costs, which may include any professional fees the Association may incur in retaining architects or engineers to review the plans and specifications. The review by the Executive Committee shall specifically consider the impact of the addition or alteration on the harmony of external design and location with surrounding structures and topography. Any approval may impose such terms and conditions as the Architectural Committee deems appropriate. No building or improvements shall contain exterior roofs or siding materials which are reflective or shiny. Any construction activity on any Lot in the Subdivision shall be completed, fully cleaned up, and landscaped within twelve (12) months from the issuance of a building permit, unless the Owner shall first obtain a variance from the Architectural Committee to allow for a longer period of construction upon proof of due diligence. In the event a variance is not secured and twelve (12) months from issuance of a building permit has passed, the Association may assess penalties in any amount It deems appropriate. Upon commencement of any construction on any Lot in the Subdivision, the Owner shall complete said construction with reasonable diligence. 5.4 Subdivision or Change in Boundaries of Lots. No Lot may be subdivided nor shall the boundaries of any Lot be altered or relocated except as provided by the Act, and subject to County approval. A relocation of a boundary of a Lot may be approved by the Association in its sole discretion, subject to the provisions of Section 5.3; provided, however, that Declarant reserves the right to resubdivide Tracts F, G and H and Lot 47 as set forth in the Plat of the Subdivision recorded as set forth above, as and when such resubdivision is appropriate and feasible. 5.5 No Partition of Common Elements. The Common Elements shall be owned by the Association, and no Owner shall bring any action for partition or division of the Common Elements. By acceptance of a deed or other instrument of conveyance or assignment, each Owner ,n1MTAL..M/1 * 1.10.44.1*r..om..:. VVVU ,.,.a, �M 304Dili 11111111111 111111111 11111111111111111111111 M of 32 R 161.00 D00.00 GARFIELD003 15A B1548e8 COUNTYSCORF Master Declaration of Covenants, Conditions and Restrictions for Valley View Village Subdivision in Battlement Mesa PUC Page 10 shall be deemed to have specifically waived such Owner's rights to commence or maintain a partition action or any other action designed to cause a division of the Common Elements. This Section may be pleaded as a bar to any such action. Any Owner who commences or maintains any such action shall be liable for and agrees to reimburse the Association for its costs, expenses and reasonable attorneys' fees in defending any such action. 5.6 Compliance with 14ws. Subject to the rights of reasonable contest, each Owner shall promptly comply with the provisions of all applicable laws, regulations and ordinances with respect to the Property, including, without limitation, all applicable environmental laws and regulations. 5.7 Nuisance. No obnoxious or offensive activity shall be carried on within the Property, nor shall anything be done or permitted which shall constitute a public nuisance. 5.8 Prohibition of Increases in Insurable Risks. Nothing shall be done or kept on the Property or in any Lot which would result in the cancellation or reduction of insurance on all or any part of the Property or in an increase in the cost of such insurance, but for such activity, without the prior written approval of the Association. 5.9 Prohibition against Damage or Waste. No damage to or waste of the Property, including any portion of the Common Elements, shall be committed by any Owner. Each Owner hereby agrees to indemnify and hold the Association and the other Owners harmless against any damage or waste caused by such Owner and agrees to pay for or reimburse the Association for any and all costs and expenses resulting from any damage or waste caused by an Owner or that Owner's family, tenants, guests, pets, employees, contractors, agents, licensees, and invitees. 5.10 Obstructions. No person shall obstruct or interfere with the free use of walkways, driveways, drainage structures or other Common Elements, except as may be reasonably required for repairs. The Association shall take such action as may be necessary to abate or enjoin any interference with or obstruction of walkways, paths and drainage courses. 5.11 Leasing and Restrictions on Alienation. A Unit may not be owned or occupied pursuant to a time-sharing arrangement described in Sections 38-33-110 to 113, Colorado Revised Statutes. An Owner shall have the right to lease a Unit, provided that such lease shall be in writing and subject to the reasonable requirements of the Executive Board, and provided further that no Lots may be leased on a daily or weekly basis. Any lease shall be made expressly subject to this Declaration and all Association Rules. Any failure of a tenant to comply with this Declaration shall be a default under the lease, and the Owner shall be liable for any violation of this Declaration committed by the Owner's tenant, without prejudice to the Owner's rights against the Owner's tenant. ,.,,,:....lfl,,,. P,....,., ,,..,.r,.y,,,_ig.V,r,,.r..6....1 1111111111 1113 11111 111 1111111111111111 IV111 6411of32R161 3821000 P989 RF D 0.00 GARFIELDCOUNTTYSCO Master Declaration of Covenants, Conditions and Restrictions for Valley View Village Subdivision in Battlement Mesa PUC Page 11 5.12 Vehicles. Not more than three (3) motor vehicles may be kept on the Property for each Unit. No guest of an Owner shall use a parking, space designated for visitors for more than three (3) days without the consent of the Executive Board, which may impose a fee for such use. No trucks, recreational vehicles, motor homes, motor coaches, snowmobiles, campers, trailers, boats or boat trailers or similar vehicles (other than passenger automobiles or pickup or utility trucks with a capacity of one ton or less) or any other vehicles shall be parked, stored or kept on any portion of the Property unless within an enclosed garage. This restriction shall not prohibit occasional parking of commercial, service and construction vehicles, in the ordinary course of business, from making deliveries or otherwise providing service to the Property. No work on vehicles, including repairs, shall be performed on any portion of the Property, except in emergencies. Abandoned or inoperable vehicles shall not be stored or parked on any portion of the Property. An abandoned or inoperable vehicle is any vehicle which has not been driven under its own propulsion for three (3) weeks or longer and which appears incapable of operation. A written notice describing the abandoned or Inoperable vehicle and requesting its removal shall be personally served upon the Owner or posted on the vehicle. If such vehicle has not been removed within seventy-two (72) hours after notice is given, the Association may remove the vehicle without liability and the expense of removal shall be charged against the Owner. The Association shall have the right to assess and enforce penalties against Owners violating these restrictions applying to vehicles as follows: One Hundred Dollars (5100.00) for the first violation and One Hundred Dollars ($100.00) plus an additional Fifty Dollars ($50.00) for each subsequent violation, such that the fine increases in Fifty Dollar ($50.00) increments for each succeeding violation. 5.13 Animals and Pets. Each Owner may keep a reasonable number of common household pets; provided, however, that only one (1) dog and/or two (2) cats will be allowed for each new residential Unit and the animals shall be required to be confined within the Owner's property boundaries. Dogs and cats shall be neutered or spayed. The type of behavior of permitted pets shall be regulated by the Association Rules, Pets shall not be kept in the Common Elements or in the parking area. No pet shall cause any nuisance by noise or otherwise. Any animal waste deposited on the Common Elements shall be immediately removed by the Owner and placed in a trash receptacle. Other than common household pets, no livestock or poultry of any kind shall be kept, raised or bred on any portion of the Property. Notwithstanding the foregoing, no animal(s) may be kept within a Lot or a dwelling which, in the good -faith judgment of the Executive Board, result(s) in any annoyance to residents in the vicinity or to Owners within the Subdivision. Except as expressly limited herein, domestic animals shall be permitted subject to any rules and regulations which may be promulgated by the Executive Board. I.1XrrTf1Y.HYfr.m {Lwa.611foww...1,V'nM...,•.V V VM.w+.1 1.7 tall rnl 111II11111111111111111111111111111111 III 1111111111111 643048 12/16/2003 10:158 6154E P990 M RLSDORF 12 of 32 R 161.00 D 0.00 GARFIELD COUNTY CO Master Declaration of Covenants, Conditions and Restrictions for Valley View Village Subdivision In Battlement Mesa PUC Page 12 The Association shall have the right to assess and enforce penalties against Owners violating these restrictions applying to dogs and cats as follows: One Hundred Dollars (S100.00) for the first violation committed by an Owner's dog, and One Hundred Dollars ($100.00) plus an additional Fifty Dollars ($50.00) for each subsequent violation, such that the fine increases in Fifty Dollar (550.00) increments for each succeeding violation. If any dog or cat commits four (4) violations or any dog is caught chasing or molesting deer, elk, or any domestic animals, the Association shall be authorized to prohibit the Owner from continuing to maintain the offending animal on the Owner's property. • 5.14 Signs. No signs of any kind shall be displayed to the public view on or from any portion of the Property except those signs approved by the Executive Board, business signs of Declarant or its affiliates, or signs required by law. Any approved sign shall also be subject to the provisions of the County Sign Code. One (1) real estate sign per Lot advertising the Lot as for sale shall be permitted. A reasonable number of political signs may be displayed within sixty (60) days prior to an election. 5.15 Solid Waste. No trash, ashes, garbage, rubbish. debris or other refuse shall be thrown, dumped or otherwise accumulated on the Property. There shall be no burning of refuse. Each Owner shall use the central receptacles for the temporary storage and collection of solid waste, which shall be screened from public view and protected from wind, animals and other disturbances. Each Unit shall be kept in a sanitary condition, free of offensive odors, rodent and insect infestations at the Owner's sole cost. 5.16 Outside Burning. There shall be no exterior fires except in propane or charcoal grill. No Owner shall allow any condition upon such Owner's Lot which creates a fire hazard or violates fire prevention regulations. 5.17 Yard Maintenance. Each Owner shall keep and maintain the yard within the Lot so as to be free from trash, debris, and weeds. Grass shall be kept mowed during the summer months, and landscaping shall be watered, trimmed, pruned as necessary to maintain a clean and attractive appearance. Any backyard storage must be kept within a well-maintained shed. The open storage of junk automobiles, machinery, appliances, junk piles, scrap piles and other materials which may be used by mammals such as skunks and raccoons for denning sites is strictly prohibited. 5.18 14oxious Weeds. The Association shall be responsible meat in all Common Areas, including but not limited to roadsides, open spaces a • . • -• an trail. I%,c..wnr..,.,,.,..wn.•......w„v.•..rm,..vvv+......1,.7..n,..d r- 1111111111111111111111 III 1111 111111! III 11(111111 IIII 443048 12/16/2003 10:154 81546 P991 M ALSDORF 13 of 32 R 161.00 D 0.00 GARFIELD COUNTY CO Master Declaration of Covenants, Conditions and Restrictions for Valley View Village Subdivision in Battlement Mesa PUC Page 13 In addition, all Owners of vacant Lots within the Subdivision shall be required to manage noxious weeds as provided by Colorado law. In the event an Owner shall fail to fulfill this requirement, the Association shall be authorized to enter the Lot and remove the noxious weeds, with an appropriate charge to the Owner thereof as set forth herein. 5.19 Noise. No exterior hones, whistles, bells or other sound devices, except security devices approved in writing by the Executive Board, shall be placed or used on any portion of the Property. Owners shall not allow any noise or disturbance in or on their respective Units which is offensive, disturbing or otherwise detrimental to any other person. 5.20 Lighting. No flood lighting, security lighting or other type of high intensity lighting shall be permitted without the approval of the Executive Board and as further set forth in Paragraph 6.7 of these Covenants. 5.21 Underground Utility Lines. With respect to the new construction or extension of any utilities, all water, sewer, gas, electrical, telephone, cable television, and other utility pipes or lines within the limits of Valley View Village shall be buried underground and not be carried on overhead poles or above the surface of the ground. Any areas of natural vegetation or terrain in the Subdivision disturbed by the burying of utility lines shall be revegetated by and at the expense of the Owner or Owners causing the installation of the utilities no later than the next growing season following installation. 5.22 Mining. Drilling. or Quarrying. Mining, quarrying, tunneling, excavating, or drilling for any substance within the earth, including oil, gas, minerals, gravel, sand, rock, and earth, shall not be permitted within the limits of the Subdivision. Individual wells shall not be permitted on any Lot, and no Owner shall be permitted to drill for water on his Lot, unless prior approval shall have been obtained from the Architectural Committee. 5.23 Trces. Each Owner shall be required to plant the minimum number of trees on their respective Lots as specifically required by the Design Guidelines and Standards developed by the Architectural Committee. No Owner shall remove any healthy, living trees without first having obtained the approval of the Architectural Committee. All construction, landscaping, and development on any Lot shall seer to minimize the removal of trees and to preserve the natural trees and vegetation to the greatest extent possible while bearing in mind wildfire considerations. 5.24 Hunting and Wildlife Control. Hunting shall be prohibited within the Property. With the approval of the Association, and, when appropriate, after consultation with the Colorado Division of Wildlife, an Owner may, consistent with the requirements of law, destroy or remove wildlife which constitutes a nuisance or which may die on their property. In the event ,.nmaru...vs.... M.�...�I- ",P�..�...VVV�./....., I.,.J1, .,.. 1 111111 11111 11111 11111 111 111111 1111111 III 111111 III 111 643048 12/16/2003 10:15A 81546 P992 M ALSDORF 14 of 32 R 181.00 D 0.00 GARFIELD COUNTY CO Master Declaration of Covenants, Conditions and Restrictions fur Valley View Village Subdivision in Battlement Mesa PUC Page 14 bears become a nuisance with respect to trash containers kept on any Lot within the Subdivision. the Association will require Owners to install bear -proof garbage containers. The Colorado Division of Wildlife is not responsible for the removal of bears and mountain tions just because they are spotted or seen in or near the Subdivision. It shall be the sole responsibility of the Owner of any Lot within the Subdivision to remove and dispose of the carcass of any animal (e.g., deer or racoon) found on such Lot. It shall be the sole responsibility of the Association to dispose of the carcass of any such animal found on any of the Common Areas within the Subdivision. 5.25 Addresses. Number. And Location of Buildings. No buildings shall be placed, erected, altered, or permitted to remain on any Lot except as approved by the Architectural Committee. All addresses shall be posted in conspicuous Locations for ease of identification. 5.26 Enclosure of Unsightly Facilities and Eqpioment. All unsightly structures. facilities, equipment, and other items, including but not limited to those specified below, shall be enclosed within a solid structure sufficient to screen such things from view from the common roads and neighboring homes to the greatest extent possible. Any motor home, trailer, boat, tractor, motorcycle, snow removal or garden equipment, and any similar item shall be kept at all times, except when in actual use, in an enclosed garage. Any refuse or trash containers, utility meters. propane tanks, fuel storage tanks, or other facilities, service arca, or storage pile shall be enclosed within a structure or appropriately screened from view by planting or fencing approved by the Architectural Committee and adequate to conceal the same from neighbors, streets, and private roads. No htmber, metals, bulk materials, scrap, refuse, or trash shall be kept, stored, or allowed to accumulate on any Lot except building materials during the course collectionfconstruction of Bad .only for such -reasonable -periods of time as arc necessary prior to the of r disposal thereof. 5.27 Common Areas and Open Spade. All Common Areas within the Subdivision shall be restricted to recreational, irrigation, and utility uses only, and shall not be used for residential purposes. All open space areas shall be maintained to further the existence and preservation of wildlife. rued Use of Vehicles. No snowmobiles or all -terrain vehicles (ATVs) shall be operated within the Subdivision. 5.29 General Restrictioq. All Lots in the Subdivision shall comply with restrictions contained in any other section of chest Protective Covenants. I oOO'cimYKim yamealDmoesWCworsVVVNrw•11.I341.wsa 1111)11111111111111111111111111111111111111111111111111 643048 12/16/2003 10:15A B1548 P993 h ALSDORF 15 of 32 R 161.00 D 0.00 GARFIELD COUNTY CO Master Declaration of Covenants, Conditions and Restrictions for Valley View Village Subdivision in Battlement Mesa PUC Page 15 ARTICLE VI ARCHITECTURAL COMMITTEE 6.1 Architectural Committee, The Architectural Committee shall be composed of between three (3) and five (5) persons. During the period of Declarant Control, Declarant may appoint the members of the Architectural Committee which may include officers, directors, or shareholders of Declarant, in Declarant's sole discretion, and the Executive Board of the Association shall have no authority to remove any member so appointed. Upon the sale of the last Lot in the Subdivision, or at an earlier time as determined by Declarant, the members of the Architectural Committee shall be appointed by the Executive Board of the Association. The persons serving on the Architectural Committee shall serve at the pleasure of the Executive Board which may remove a member of the Architectural Committee, except a member appointed by Declarant, and appoint a new member at any time, provided there shall at all times be at least three (3) persons serving on the Architectural Committee. The members of the Architectural Committee may also be directors of the Association and need not be Owners. The Architectural Committee shall have and exercise all the powers, duties, and responsibilities set out in this instrument. 6.2 ,4pnroval by Architectural Committee. No improvements of any kind, including but not limited to dwelling units, garages, accessory buildings, swimming pools, ponds, parking areas, fences, walls, driveways, antennae, satellite dishes, and walks shall be constructed, erected, altered, or permitted to remain within the Subdivision, nor shall any excavating, tree cutting, and clearing or landscaping be done within the Subdivision, unless the complete architectural plans and specifications, and a site plan showing the location and orientation thereof, for such erection or alteration and landscaping are approved by the Architectural Committee prior to the commencement of such work, except as Declarant may be specifically permitted to do by these Covenants or required to do by any subdivision improvements agreement between the Declarant and Garfield County. Revegetation of alt infills and cuts will be required. Plans addressing the revegetation of infills and cuts will be submitted to the Architectural Committee prior to any excavation. At least three (3) complete sets of the architectural and site development plans and specifications shall be submitted to the Architectural Committee along with a complete list of all exterior materials and colors to be used. All copies of the complete plans and specifications shall be signed and dated for identification by the Owner or the Owner's architect. The Architectural Committee shall have the right to request whatever additional specification information, plans, reports, and the like it deems necessary to evaluate the development proposal throughout the approval and construction process. In addition, the Architectural Committee may adopt rules and regulations which shall specify the information, reports, plans, specifications, and the like required to be submitted to the Architectural Committee. In the event the tAmarrai.h tlesm u,.,ouwteornMe...e..M>vvvu.M,.i,.:sa, ..,.� 1 11 1111 11111 111111 11111 111 111111 111111 111 111111111 1111 643048 12/16/2003 10:15A B1548 P994 M ALSDORF 16 of 32 R 151.00 D 0.00 GARFIELD COUNTY CO Master Declaration of Covenants, Conditions and Restrictions for Valley View Village Subdivision in Battlement Mesa PUC Page 16 Architectural Committee fails to take any action within forty-five (45) days after three (3) copies of the complete architectural and site development plans, specifications, materials, and colors have been submitted to it and the submittal has been certified in writing by the Architectural Committee as complete, then all of such submitted architectural plans shall be deemed to be approved. The Architectural Committee shall not unreasonably disapprove the architectural plans. The majority vote of the members of the Architectural Committee shall be required for approval of plans. In the event the Architectural Committee shall disapprove any architectural plans, the person or entity submitting such architectural plans may appeal the matter to the next annual or special meeting of the members of the Association where a vote of seventy-five percent (75%) of the members' votes entitled to be cast at said members' meetings shall be required to change the decision of the Architectural Committee. 6.3 Improvements - Site Location. Site review for any and all structures and improvements must be undertaken by the Architectural Committee, 6.4 )3uilding Permits. An Owner may apply for a building permit from the Garfield County Building Department at any time; provided, however, the plans approved by the Building Department shall not differ in any substantial way from the plans approved by the Architectural Committee. If the plans approved by the Building Department differ in any substantial way as determined by the Architectural Committee, then all approvals of the Architectural Committee shall be deemed automatically revoked. Owners must comply with all Garfield County zoning and subdivision regulations and with those provisions set forth on the Plat and Future Plats relating to off-street parking. 6.5 Variances. The Architectural Committee may, by an affirmative vote of a majority of the members of the Architectural Committee, allow reasonable variances as to any of the covenants and restrictions governing architectural control contained in this instrument and/or policies or rules promulgated by the Architectural Committee, on such terms and conditions as it shall require. No variance shall be granted which contravenes any provisions of these Covenants required by an approval obtained by Declarant from Garfield County for the Subdivision or which violates the Garfield County zoning regulations, Resolution No. 82-330 or the Garfield County Subdivision Regulations and Building Codes. No variance shall be granted without written notice of the request for such variance provided ten (10) days prior to the hearing for said variance to all Owners within the Subdivision. Notice to such Owners shall be deemed complete when placed in the United States Mail, first-class postage prepaid, to the last known address for each Owner as provided to the Association. 6.6 General Requirements. The Architectural Committee shall exercise its best judgment to see that all improvements, construction, landscaping, and alterations within the Subdivision harmonize to the greatest extent possible with the surroundings and with other t•�tM1YT r HnorewVU.wawV'.w.., ,+.VVvuW. I 1.74.41 marl 1111111111111111111111111 1111111111111 111 111111 1111 643048 12/16/2003 10:15A 61546 P995 M ALSDORF 17 of 32 R 161.00 0 0.00 GARFIELD COUNTY CO Master Declaration of Covenants, Conditions and Restrictions for Valley View Village Subdivision in Battlement Mesa PUC Page 17 structures as to design, materials, color, height, grade, finished ground elevation of neighboring Lots, and other design features. The Architectural Committee shall strive to protect the visual quality of each Lot insofar as possible (taking into account final buildout of all Lots in the Subdivision) in the development of the Subdivision pursuant to these Covenants and shall endeavor to protect and preserve the visual character of the Property and preserve and maintain any trees in the Subdivision. (a) Soils and Foundation Report. and Grading and Drainage Plau• Grading for conveyance of storm water away from structures shall be the responsibility of each Owner. All Owners shall allow for conveyance of storm water through their Lot. Due to the expansive and compressible soils, the Owner of each Lot shall conduct additional design level geotechnical studies once building locations arc finalized, to characterize soil and engineering properties beneath each planned structure for the purpose of a site-specific development plan and whether footings with a minimum load will be needed to counteract expansive clays. Once the grading plan has bean completed on-site, the drainage report shall be updated to account for a new cross-sectional profile of the drainage. If the new channel cross-section changes the flow velocities within the drainage, the Architectural Committee may require slope reinforcement to prevent erosion along the length of the fill slope. (b) Materialund Landscaoing. In its review of any proposed development activity, the Architectural Committee shall evaluate, among other things, the materials to be used on the outside of buildings or structures, including exterior colors, location with respect to topography and finished grade elevations, and harmony of landscaping with the natural aetting and native trees and other vegetation within the Subdivision. In addition,. the Architectural Committee shall review all irrigation systems proposed to be installed on any Lot. With regard to landscaping, each Lot Owner shall deposit with the Association, prior to the commencement of construction, the sum of Eight Hundred Dollars (5800.00) as security for proper landscaping of the Lot. Upon approval of the final landscaping as completed by the Architectural Committee, such deposit shall be refunded to the Lot Owner. (c) Site Location. In reviewing the proposed location of any structure to be placed or built on any Lot, the Architectural Committee shall exercise its judgment so as to maximize the view plane of each Lot while preserving to the greatest extent possible the natural characteristics of each Lot and all natural vegetation, 1111111 11111 111111 1113 111 13111111111111 111111 1111111 643048 12/16/2003 10;15A B1546 P996 M ALSDORF 18 or 32 R 161.00 0 0.00 GARFIELD COUNTY CO Master Declaration of Covenants, Conditions and Restrictions for Valley View Village Subdivision in Battlement Mesa PUC Page 16 including trees and bushes and the natural setting of each building site. The Architectural Committee must review and approve the location of all structures and improvements to be located on each Lot. (d) Fencing. The Architectural Committee must review and approve all fencing prior to installation. The type and location of all fencing must be approved by the Architectural Committee. Wildlife fencing shall be encouraged; privacy fencing shall be on a limited basis, at the sole discretion of the Architectural Committee. One basis for consideration by the Architectural Committee of fencing will be how it affects the movement of wildlife throughout the Subdivision. Fencing shall be constructed to Colorado Division of Wildlife specifications, shall be of a round or split rail variety, shall not exceed forty-eight (48) inches in height, shall not have more than three (3) horizontal poles, the bottom pole of which shall be at least eighteen (18) inches off the ground, and no two poles shall be less than eighteen (18) inches apart. The Colorado Division of Wildlife shall not be liable to any Owner for any damage to gardens, flowers, shrubs, trees, or any other greenery caused by the actions of any wild animal. (c) Geologic Hazard Mitigation. In addition to all other requirements set forth herein, all construction shall conform to the recommendations regarding foundations, floor slabs, under -drain systems, site grading, surface drainage and pavement subgrades as contained in the Preliminary Geotechnical Study prepared by Hepworth-Pawlak Geotechnical, Inc., dated September 16, 2002, a copy of which shall be available for inspection in the office of the Association. (f) Perimeter Drains. In order to prevent moisture from saturating soils, perimeter drains are recommended around each foundation. Radon Gas. Testing for radon gas shall be performed when each residence and/or other occupied structures has been completed. A satisfactory result on the radon gas testing shall be a prerequisite to the issuance of a Certificate of Occupancy. 6.7 Lighting. All exterior lighting shall be the minimum amount necessary and all exterior lighting shall be directed inward, toward the interior of the Subdivision, except that provisions may be made to allow for safety lighting that goes beyond the Unit's boundaries with the approval of the Architectural Committee. 6.8 Preliminary Approvals. Owners who anticipate constructing improvements on lands within the Subdivision may submit preliminary sketches of such improvements to the (g) 117W[iK1iarKhav Ho neeknom,wm{(:...pir,teVVVM,Mw.11.73fO...1 '7111111 Hill 111111 11111111I11H 11111 111 111111 643048 12/16/2003 10:15A 81546 P997 M RLSDORF 19 of 32 R 161.00 D 0.00 GARFIELD COUNTY CO Master Declaration of Covenants, Conditions and Restrictions for Valley View Village Subdivision in Battlement Mesa PUC Page 19 Architectural Committee for informal and preliminary approval or disapproval. All preliminary sketches should be submitted in at least three (3) sets and should contain sufficient general information on those matters required to be in the complete architectural and site development plans and specifications to allow the Architectural Committee to grant an informed preliminary approval or disapproval. The Architectural Committee shall never be finally committed or bound by any preliminary or informal approval or disapproval until such time as complete architectural and site development plans, specifications, materials, and colors are submitted and approved or disapproved. The preliminary approval is offered as an accommodation only, and the Architectural Committee may set fees for this service. 6.9 Architectural and Site Development Plans. The Architectural Committee shall disapprove any architectural and site development plans submitted to it which do not contain sufficient information for it to exercise the judgment required of it by these Covenants. 6.10 Architectural Committee Not Liable. The Architectural Committee shall not be liable for damages to any person or entity submitting any plans for approval, or to any Owner or Owners of land within the Subdivision, by reason of any action, failure to act, approval, disapproval, or failure to approve or disapprove with regard to such plans. The Architectural Committee shall have no liability or responsibility for any representations made to any Owner or prospective Owner by any third parties. The decisions of the Architectural Committee shall be governed by these Covenants and any rules or regulations duly adopted by the Architectural Committee pursuant to these Covenants. 6.11 Written Records. The Architectural Committee shall keep and safeguard for at least five (5) years complete permanent written records of all approved applications, including one (1) set of the final approved architectural and site development plans, and of all actions of approval or disapproval and all other formal actions taken by it under the provisions of this instrument. 6.12 Authority to Promulgate Design. iuidelines, Rules and Regulations. The Architectural Committee may promulgate and adopt additional design guidelines and rules and regulations necessary to implement these Covenants. The design guidelines may include requirements relating to acceptable building materials, architectural styles, allowable colors for home exteriors, and the like. The rules and regulations may include submission requirements concerning the type of information, reports, plans and specifications, and other information necessary to make an informed decision regarding.requests for development, modifications to buildings, and the like 1.120011(:lianii \force Homadnna,mrnN.C.avenruh VVVM,urer.11-2i-t .,mA 111E1 643048 12/16/2003 10:158 81548 P998 M ALSOORF 20 of 32 R 181.00 D 0.00 GARFIELD COUNTY CO Master Declaration of Covenants, Conditions and Restrictions for Valley View Village Subdivision in Battlement Mesa PUC Page 20 ARTICLE VII COLLECTION OF ASSESSMENTS - ENFORCEMENT 7.1 Assessments. All Owners, by acceptance of a decd to a Lot or a Unit, including without limitation public trustee, sheriffs or similar deed, are deemed to covenant and agree and shall be obligated to pay any and all assessments lawfully imposed by the Executive Board of the Association. To the extent the Association is responsible therefor, assessments may be lawfully imposed for any Items of common expense which may include, among other things: expenses and costs of maintaining, repairing, and plowing of roads within and accessing the Subdivision; expenses for maintaining, improving, and preserving the Association's common property; expenses of the Architectural Committee; and insurance, accounting, and legal functions of the Association. Such assessments shall be deemed general assessments and shall be borne pro rata by all Owners. The Executive Board may establish contingency and reserve funds for the maintenance and improvement of the Association's common property and any other anticipated costs and expenses of the Association to be incurred in pursuit of its purpose. Contingency and reserve funds shall be in such an amount as the Executive Board may deem necessary and appropriate for the aforesaid purposes. Each Owner shall be required to pay his pro rata portion of these funds. The pro rata allocation shall be calculated as shown on Exhibit A, attached hereto and incorporated herein. The Executive Board shall have the right during any calendar year to levy and assess against all of the Owners a special assessment for such purpose or purposes, in accordance with these Covenants, or the Articles or Bylaws of the Association, as may be necessary. Such special assessment shall be paid for in equal portions by the Owners obligated to pay such assessment and shall be due and payable as determined by the Executive Board. All Owners specifically acknowledge and agree that an assessment will be levied against them and their Unit by the Battlement Mesa Service Association for the maintenance of the common elements that serve the entire Battlement Mesa PUD, including certain common elements of the Property, at rate established from time to time by the Battlement Mesa Service Association. Any default in the payment of such assessments shall constitute a default under these Covenants and shall be subject to enforcement hereunder, 7.2 Lien for Non -Payment of Assessmentl. All sums assessed by the Executive Board, including without limitation the sham of common expense assessments chargeable to any Owner, any fines which may be levied on an Owner, and unpaid utility fees and assessments charged to an Owner shall constitute a lien against such Lot superior (prior) to all other liens and encumbrances, excepting only: ,ammi.,..v oven u.,,..eAMneawotArtreft...wwv,. oreer.11.7 1 [11111 111[1 111111 11111 111 1 1111111111111111111111111111 643048 12/16/2003 10:13A B1546 P999 M ALSMAF 21 of 32 R 1E1.00 0 0.00 GARFIELD COUNTY CO Master Declaration of Covenants, Conditions and Restrictions for Valley View Village Subdivision in Battlement Mcsa PUC Page 21 (a) Tax and special assessment liens on the Lots in favor of any governmental assessing unit. (b) All sums unpaid on a first mortgage of record, including any unpaid obligatory sums as may bc provided by encumbrance. (c) Each Owner hereby agrees that the Association's lien on a Lot for assessments as hereinabove described shall be superior to any Lot exemption as is now or may hereafter be provided by state or federal law and each Owner hereby agrees that the acceptance of the deed or other instrument of conveyance in regard to any Lot within the Property shall signify such grantee's waiver of the any such exemption. (d) Any recorded lien for non-payment of the common expenses may be released by recording a release of lien executed by a member of the Executive Board. If any assessment shall remain unpaid after thirty (30) days after the due date thereof, such unpaid sums shall bear interest from and after the due date thereof at the maximum rate of interest permitted by law, or at such rate as is determined by the Executive Board, and the Executive Board may impose a late charge on such defaulting Owner as may be established by the Board. In addition, the Executive Board shall be entitled to collect reasonable attorneys' fees incurred in connection with any demands for payment and/or collection of delinquent assessments. To evidence such lien, the Executive Board shall prepare a written notice setting forth the amount of such unpaid indebtedness, the name of the Owner of the Lot, and its legal description. Such a notice shall be signed by one (1) member of the Executive Board and shall be recorded in the Office of the Clerk and Recorder of the County of Garfield, Colorado. Such lien may bc enforced by foreclosure of the defaulting Owner's Lot by the Association in like manner as a mortgage on real property, upon the recording of a notice of claim thereof. In any such foreclosure, the 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 attorneys' fees. The Owner shall also be required to pay to the Association any additional assessments against the Lot during the period of foreclosure, and the Association shall be entitled to the appointment of a receiver to collect the same. The Executive Board, for the Association, shall have the power to bid on the Lot at foreclosure sale and acquire and bold, lease, mortgage, and convey same. The Association, at its election, and in addition to any other remedies it may have at law or in equity, may also sue an Owner personally to collect any monies owed the Association. 7.3 Enforcement Actions. The Association, acting by and through its Executive Board. shall have the right to prosecute any action to enforce the provisions of all of these .,,„v,w.1,...:......1:..,....,..+rm......VVVU ...:i.,4.., 1 111111 11111 111111 11111 111 111111 1111111 III 1111111 11 1111 643048 12/16/2003 10:158 B1546 P1000 M RL$DORF 22 of 32 R 161.00 0 0.00 GARFIELD COUNTY CO Master Declaration of Covenants, Conditions and Restrictions for Valley View Village Subdivision in Battlement Mesa PUC Page 22 Covenants by injunctive relief, on behalf of itself and all or part of the Owners within the Subdivision. In addition, each Owner within the Subdivision, including the Association, shall have the right to prosecute any action for injunctive relief and for damages by reason of any violation of these Covenants. The prevailing party in any enforcement action shall be entitled to an award of its reasonable costs and attorneys' fees. The Executive Board shall be entitled to assess penalties for late payment of assessments due the Association and to collect interest thereon at rates to be determined from time to time by the Executive Board but not to exceed 1.5 percent per month, After thirty (30) days, written notice to any Owner of a violation of these Covenants, and the Owner's failure to eliminate or cure said violation, the Association may levy, in addition to the other remedies set forth herein, a penalty of $25.00 per day for every day the violation exists or continues after the expiration of said 30 -day period. 7.4 Enforcement of Non -Assessment Provisions. In the event of the violation of the provisions of these Covenants which do not relate to monetary assessments, the violating Owner shall be given written notice of such violation, requiring such violation to be cured within one (1) calendar day of receipt of such notice (or within such reasonable time as is necessary in order for the owner to correct the violation). If such violation is not cured within such time frame, or if a second violation of the same nature occurs, a fine in the amount of One Hundred Dollars (5100.00) shall be assessed against such Owner. In the event of a third violation of the same nature, a fins in the amount of One Hundred Fifty ($150.00) shall be assessed. Should a fourth violation of the same nature occur, a fine in the amount of Thrce Hundred Dollars ($300.00) shall be assessed, and the Association may also take such action as is reasonably necessary to cause the violation to cease, including entry on the property of the Owner. Violations involving dogs or cats shall be enforced as set forth in Paragraph 5.13 hereof. For each additional recurrence of the same type of violation, or if a violation continues beyond sixty (60) days after an owner receives notice, an additional fine will be assessed against such owner in an amount equal to double the amount of the previous fine. With respect to such a continuing violation, the additional fine will be assessed every four (4) calendar days beyond the sixty (60) day period during which the violation continues. The aggregate amount of fines which may be charged against an Owner for the recurrence or continuation of one type of violation shall not exceed the sum of Five Thousand Dollars (S5,000.00). Each violation of these Covenants, the Declaration and/or the Rules and Regulations of the Subdivision shall be deemed a separate offense for the purpose of enforcement. All fines levied in accordance with this Paragraph 7.5 shall be enforced as set forth in Paragraph 7.2 above. 7.5 Limitations an Actions,. In the event any construction or alteration or landscaping work is commenced upon any of the lands in the Subdivision in violation of these Covenants and i.umiv1t.,nan . u,wv.eln.y...,.Imv „o..,m...wvra>...i i. 1 «w 11111111(1111111111111111111111111111111111111111111111 643048 12/16/2003 10:158 81546 P1001 l ALSDORF 23 of 32 R 161.00 D 0.00 GARFIELD COUNTY CO Master Declaration of Covenants, Conditions and Restrictions for Valley View Village Subdivision in Battlement Mesa PUC Page 23 no action is commenced within one (1) year thereafter to restrain such violation, then injunctive or equitable relief shall be denied, but an action for damages shall still be available to any party aggrieved. This one-year limitation shall not apply to injunctive or equitable relief against other violations of these Covenants. ARTICLE VIII RIGHTS OF LENDERS 8.1 Filing Notice: Notices and Approvals. A Mortgagee shall not be entitled to receive any notice which this Declaration requires the Association to deliver to Mortgagees unless and until such Mortgagee, or its mortgage servicing contractor, has delivered to the Executive Board a written notice stating that such Mortgagee is the holder of a Mortgage encumbering a Unit within the Property. Such notice need not state which Unit or Units are encumbered by such Mortgage, but shall state whether such Mortgagee is a first Mortgagee. Wherever the approval of all or a specified percentage of Mortgagees is required pursuant to this Declaration, it shall be deemed to mean the vote or approval of all or a specified percentage only of those Mortgagees which have delivered such notice to the Executive Board. Notwithstanding the foregoing, if any right of a Mortgagee under this Declaration is conditioned on a speck written request to the Association, in addition to having the notice provided in this Section, a Mortgagee must also make such request, either in a separate writing delivered to the Association or in the notice provided above in this Section, in order to be entitled to such right. Except as provided in this Section, a Mortgagee's rights pursuant to this Declaration, including without limitation, the priority of the lien of Mortgagees over the lien of assessments levied by the Association hereunder shall not be affected by the failure to deliver a notice to the Executive Board. Any notice or request delivered to the Executive Board by a Mortgagee shall remain effective without any further action by such Mortgagee for so long as the facts set forth in such notice or request remain unchanged. 8.2 Relationshin with Assessment Lien. (a) The lien provided for in Article VII hereof for the payment of assessments • shall be subordinate to the lien of any Mortgage which was recorded prior to the date any such assessment becomes due. (b) If any Unit subject to a monetary lien created by any provision hereof shall be subject to the lien of a Mortgage: (1) the foreclosure of any lien created by anything set forth in this Declaration shall not operate to affect or impair the lien of such Mortgage; and (2) the foreclosure of the lien of said Mortgage, or sale under a power of sale included in such Mortgage ("Events of Foreclosure") shall not operate to affect or impair the lien /•\7d14.rli.r.u'e.,e W,owale ilevow.1r:,ww.ea.VVVMww. 11.7%.1 yowl 111111111111111111111111111111111I11I11111111111111111 643048 12/16/2003 10:15A B1546 P1002 tt ALSOORF 24 of 32 R 161.00 D 0.00 GARFIELD COUNTY CO Master Declaration of Covenants, Conditions and Restrictions for Valley View Village Subdivision in Battlement Mesa PUC Page 24 hereof, except that any persons who obtain an interest through any of the Events -of Foreclosure, and their successors in interest, shall take title free of the lien hereof or any personal obligation for said charges as shall have accrued up to the time of any of the Events of Foreclosure, but subject to the lien hereof for all said charges that shall accrue subsequent to the Events of Foreclosure. (c) Any Mortgagee who obtains title to a Unit by reason of any of the Events of Foreclosure, or any purchaser at a private or judicial foreclosure sale, shall take title to such Unit free of any lien or claim for unpaid assessments against such Unit which accrue prior to the time such Mortgagee or purchaser takes title to such Unit, except for liens or claims for a share of such assessments resulting from a pro rata reallocation of such assessments to all Units within the Property. (d) Nothing in this Section shall be construed to release any Owner from his obligation to pay for any assessment levied pursuant to this Declaration. 8.3 Severrtv-Five Percent (75%) Vote of Institutional Mortgagees. Except upon the prior written approval of at least seventy-five percent (75%) of institutional Mortgagees, and subject to all Garfield County regulations, including but not limited to the PUD and Subdivision regulations, based on one (1) vote for each first Mortgage held, neither the Association nor the members of the Association shall be entitled to do any of the following: (a) Abandon or terminate by any act or omission the Common Area, or any part thereof, except for abandonment or termination provided by law and/or this Declaration is this case of substantial destruction by fire or other casualty or in the case of a taking by condemnation or eminent domain; or (b) Dissolve the Association or abandon or terminate the maintenance of the Common Area by the Association: or (c) Amend a material provision of this Declaration, the Bylaws or the Articles, and without limiting the generality of the foregoing, the provisions of Article IX hereof, this Article, any other rights granted specifically to Mortgagees pursuant to any other provision of this Declaration; or 1 11 1111 11111 1 11111 11111 111 111111 1111111 111 1111111 11 1111 643048 12/16/2003 10:156 81546 P1003 tt RLSDORF 25 of 32 R 161.00 D 0.00 GARFIELD COUNTY CO Master Declaration of Covenants, Conditions and Restrictions for Valley View Village Subdivision in Battlement Mesa PUC Page 25 (d) Abandon, partition, sell, alienate, subdivide, release, transfer, hypothecate, or otherwise encumber the Common Area; provided, however, the granting of easements for public utilities or other public purposes consistent with the intended use of the Common Area shall not require such approval; or (e) Partition or subdivide a Lot. 8.4 Other Rights of Institutional Mortgagees. Any institutional Mortgagee or its mortgage service contractor, shall, upon written request to the Association, be entitled to: (a) Inspect the books and records of the Association during normal business hours; (b) Receive the annual financial statement of the Association ninety (90) days following the end of the Association's fiscal year; (c) Receive written notice of all annual and special meetings of the members of the Association or of the Executive Board, and institutional Mortgagees shall further be entitled to designate a representative to attend all such meetings in order to, among other things, draw attention to violations of this Declaration which have not been corrected or made the subject of remedial action by the Association; provided, however, nothing contained in this Section shall give an institutional Mortgagee the right to call a meeting of the Executive Board or of the members of the Association for any purpose or to vote at any such meeting. 8.5 Distribution of Insurancejnd Condemnation Proceeds. No Owner nor any other party, shall have priority over any right of first Mortgagees of Units pursuant to their Mortgages in the cast of a distribution to Owners of insurance proceeds or condemnation awards for losses to or a taking of the Common Arca. Any provision to the contrary herein or in the Bylaws or other documents relating to the Property is to such extent void. All applicable fire and all physical loss or extended coverage insurance policies shall contain loss payable clauses acceptable to the affected Mortgagees naming the Mortgagees, as their interests may appear. 8.6 Notice tot {Qrtgagees of Record. In the event that any Owner is in default under any provision of these Covenants, or under any provision of the Bylaws or the Rules and Regulations adopted by the Association, which default is not cured within thirty (30) days after written notice thereof to such Owner, the Association shall give to the Mortgagee of record of !111111 11111 1111 11111 111 1111111111111111 1111111 111111 643048 12/16/2003 10:15A 01546 P1004 M ALSDORF 26 of 32 R 161.00 D 0.00 GARFIELD COUNTY CO Master Declaration of Covenants, Conditions and Restrictions for Valley View Village Subdivision in Battlement Mesa PUC Page 26 such Owner written notice of such default and of the fact that said thirty (30) day period has expired. 8.7 Voting Rights on Default. In the event of a default by the Owner or Owners of any Unit in any payment due under the terms of any first Mortgage encumbering such Unit, or the promissory note secured thereby, the Mortgagee, or bis representative, shall have the right, upon giving written notice to such defaulting Owner or Owners, and placing of record a notice of default, to exercise the voting rights of such defaulting Owner or Owners attributable to such Unit at any regular or special meeting of the members of the Association held during such time as such default may continue. 8.8 $ffcct of Breach Hereof. No breach of any provision of these Covenants, conditions and restrictions shall invalidate the lien of any Mortgagee in good faith and for value, but all of said provisions hereof shall be binding upon any Owner whose title is derived through foreclosure sale, trustee's sale or otherwise. 8.9 Non -Curable Breach. Any Mortgagee who acquires title to a Unit by foreclosure or by deed in lien of foreclosure or assignment in lieu of foreclosure shall not be obligated to cure any breach of this Declaration which is non -curable or of a type which is not practical or feasible to cure. 8.10 Doan to Facilitate. Any Mortgage given to secure a loan to facilitate the resale of a Unit after acquisition by foreclosure or by a deed in lieu of foreclosure or by assignment in lieu of foreclosure shall be deemed to be a loan made in good faith and for value and entitled to all of the rights and protections of this Article VIII. 8.11 Rieht to Furnish Information. Any Mortgagee shall have the right to furnish information to the Executive Board concerning the status of any Mortgage. 8.12 inapplicability of Right of First Refusal to Mortgagee. No right of first refusal or similar restriction upon the right of an Owner to sell, transfer or otherwise convey the Owner's Unit shall be granted to the Association without the consent of the Mortgagee, if any, of such Unit. Any right of first refusal or option to purchase a Unit which may be granted to the Association (or other person, firm or entity) shall not apply to any conveyance or transfer of title to such Unit, whether voluntary or involuntary, to a Mortgagee which acquires title to or ownership of said Unit pursuant to the remedies provided in its Mortgage or by reason of foreclosure of the Mortgage or deed (or assignment) in lieu of foreclosure. ,., w, ,.._.,.. VVV........f,.,1,,,..e 1 111111 11111 111111 11111 111 111111 IRE 111 11113 II 111 643048 12/16/2003 10:15A 81546 P1005 M ALSDORF 27 of 32 R 161.00 D 0.00 GARFIELD COUNTY CO Master Declaration of Covenants, Conditions and Restrictions for Valley View Village Subdivision in Battlement Mesa PUC Page 27 ARTICLE IX INSURANCE 9.1 Tvves of Insurance. The Association shall obtain and keep in full force and effect the following insurance coverage, if appropriate: (a) Public liability and property damage insurance, including medical payments insurance, in an amount to be determined by the Board, covering all occurrences commonly insured against for death, bodily injury and property damage arising out of or irk �certrtectitln with ownership, operation, maintenance or other use ofAtaeion property. This policy shall also cover operation of automobiles or other veiicies or equipment on behalf of the Association. (b) Worker's compensation and employer's liability insurance in the amounts and in the forms required by law. (c) Coverage for members of the Board and officers of the Association, including committee members, against libel, slander, false arrest, invasion of privacy, errors and omissions, and other forms of liability generally covered in officers and directors liability policies. (d) Coverage against such other risks of a similar or dissimilar nature as the Board deems appropriate. 9.2 Fidelity Coverage. The Executive Board, at its discretion, may eket to secure fidelity coverage against the dishonesty of employees, destruction or disappearance of money or securities, and forgery. This policy shall also cover persons who serve the Association without compensation. ARTICLE X ANNEXATION OF ADDITIONAL PROPERTY Notwithstanding any other provisions of this Declaration, the Declarant shall have the rights recited in this Article X. 10.1 Ampexation without Approval of Members. As the owner thereof, or if not the owner, with the consent of the owner thereof, Declarant shall have the unilateral right, privilege and option, from time to time at any time until seven (7) years from the date this Declaration is first recorded in the real property records of the County to subject to the provisions of this IA70KiK:I14rrM'nwe F nnatitInw,mr,Y'nwam.V VVMrr.11.2441 wrtl 111111111111I1111111111111111111111111111 1111111111111 643048 12/16/2003 10:15A 81546 P1006 M ALSDORF 28 of 32 R 161.00 D 0.00 GARFIELD COUNTY CO Master Declaration of Covenants, Conditions and Restrictions for Valley View Village Subdivision in Battlement Mesa PUC Page 28 Declaration and the jurisdiction of the Association all or any portion of the Additional Land, whether in fee simple or leasehold, by filing in the real property records of the County an amendment annexing such property. Such amendment to this Declaration shall not require the vote of Members. Any such annexation shall be effective upon the filing for record of such amendment unless otherwise provided therein. Declarant shall have the unilateral right to transfer to any other person the said right, privilege and option to annex the Additional Land which is herein reserved to Declarant, provided that such transfer is memorialized in a written recorded instrument. The rights reserved upon Declarant to subject Additional Land to the Declaration shall not be implied or construed so as to Impose any obligation upon Declarant to subject any of such Additional Land to this Declaration or to the jurisdiction of the Association. If such Additional Land is not subjected to this Declaration, Declarant's reserved rights shall not impose any obligation on Declarant to impose any covenants and restrictions similar to those contained hcreie upon such Additional Land, nor shall such rights in any manner limit or restrict the use to which such Additional Land may be put by Declarant or any subsequent owner thereof, whether such uses are consistent with the covenants and restrictions imposed hereby or not. 10.2 Acquisition of Additional Common Elements. Declarant may convey to the Association additional real estate, improved or unimproved, located within the Additional Land which upon conveyance or dedication shall be accepted by the Association and thereafter shall be maintained by the Association at its expense for the benefit of all its Members. 10.3 Amendment. Notwithstanding any other provision of this Declaration, this Article shall not be amended while the Declarant retains the right to exercise the rights defined in this Article X without the written consent of Declarant, so long as the Declarant owns any of the Additional Land. ARTICLE XI GENERAL PROVISION� 11.1 Covenants to Run. All of the covenants contained in this instrument shall be a burden on the title to all of the lands within the Subdivision, and the benefits thereof shall inure to the Owners of the lands in the Subdivision and the benefits, and burdens of all said covenants shall run with the title to all of the lands in the Subdivision. 11.2 Termination of Covenants. In the event these Covenants have not been sooner lawfully terminated pursuant to any applicable laws of the State of Colorado and the County of Garfield, Colorado, and the provisions herein contained, these Covenants may be terminated on 1•nmmn:.....v:... IlrwarinewrwM!'.rmn.VVI/IJ .11.1{111 rM 1111111 IIfN 1111/11111 III 111111 111111 111 111111 II 1111 643048 12/16/2003 10:15A 81546 P1007 M ALSDORF 29 of 32 R 161.00 D 0.00 GARFIELD COUNTY CO Muter Declaration of Covenants, Conditions and Restrictions for Valley View Village Subdivision in Battlement Mesa PUC Page 29 January 1 of the year 2038 by a vote of seventy-five percent (75%) of the votes entitled to be cast by the members of the Association. If these Covenants are not so terminated. then they shall continue to be in full force and effect for successive twenty-five (25) year periods unless, at the close of a 25 -year period, the Covenants are terminated by a vote of seventy-five percent (75%) of the votes entitled to be cast by the members of the Association at a meeting of the members duly held. In the event of any such termination by the members, a properly certified copy of the resolution of termination shall be placed on record in Garfield County, Colorado, not more than six (6) months after the meeting at which such vote is cast. 11.3 amendment of Covenants. These Covenants may be amended by a vote of seventy-five percent (75%) of the votes entitled to be cast by the members of the Association, said vote to be cast at a meeting of the members duly held, provided a properly certified copy of the resolution of amendment be placed on record in the County of Garfield, Colorado, no more than six (6) months after said meeting. 11.4 Notice. All notices or requests required shall be in writing. Notice to any Owner shall be considered delivered and effective upon personal delivery, or three (3) days after posting when sent by certified mail, return receipt requested, to the address of the Owner on file in the records of the Association at the time of the mailing or if no such address is available, then to the address shown by the County Assessor. Notice to the Executive Board or the Association shall be considered delivered and effective upon personal delivery, or three (3) days after posting when sent by certified mail, return receipt requested. to the Association, at the address as shall be established by the Association from time to time by notice to the Owners. General notices to all Owners need not be certified, but may be sent by regular first class mail. The First Mortgagees (or insurer or guarantor of the mortgage) shall receive written notice of those matters set forth in Article VIII hereof. 11.5 Waiver or Zelay in Enforcement. No failure by the Association or the Executive Board to give notice of default or any delay in enforcement of any provision or in the exercise of any right or remedy shall operate as a waiver. No waiver shall be effective unless it is in writing signed by the President or Vice President of the Executive Board on behalf of the Association. 11.6 Severability. Should any part or parts of these Covenants be declared invalid or unenforceable by any court of competent jurisdiction, such decision shall not affect the validity of the remaining covenants. 11.7 paragraph Headings and Underlining. The paragraph headings and underlining within this instrument arc for convenience only and shall not be construed to be a specific part of the covenants contained herein. Heet .arw...,...x r. ..vvvI.r...,..1 iasrs.,.t r 1IF i11l-1f1Il 11111 iI1 [1111 1111111 111 till 11111 1111 643048 12/16/2003 10:15R 81546 P1008 M ALSDORF 30 of 32 R 161.00 D 0.00 GARFIELD COUNTY CO Master Declaration of Covenants, Conditions and Restrictions for Valley View Village Subdivision in Battlement Mesa PUC Page 30 11.8 County as Third -Party Beneficiary. The County of Garfield shall be a third -party beneficiary to this Declaration only as it relates to Section 4.12 of the Garfield County PUD zoning regulations. 11.9 Rule Against Perpetuities. If any of the terms, covenants, conditions, easements, restrictions, uses, limitations or obligations created by these Covenants shall be unlawful or void for violation of(a) the rule against perpetuities or some analogous statutory provision, (b) the rule restricting restraints on alienation, or (c) any other statutory or common law rules imposing like or similar time limits, such provision shall continue only for the period of the lift of the representative of Declarant executing these Covenants, his now living descendants, and the survivor of them, plus twenty-one (21) years. IN WITNESS WHEREOF, this Declaration of Covenants, Conditions and Restrictions for Valley View Village has been executed as of the day and year first written above. DECLARANT: DARTER, LLC By Terry Lawre e / IA7M11flintM1fler. Hn.....IiL....noprnArnvw.w.VVVkil...wf. I 1 54JT1 ....4 1111111111111111111111111111111111111111111111 I11II 1111 643048 12/16/2003 10;15A 81546 P1009 M ALSDORF 31 of 32 R 161.00 D 0.00 GARFIELD COUNTY CO Master Declaration of Covenants, Conditions and Restrictions for Valley View Village Subdivision in Battlement Mesa PUC Page 31 STATE OF 0,0tom, o ) ) ss. COUNTY OF 1'\\ Sa ) Acknowledged, subscribed, and sworn to before me this 0..) day of 2003, by Terry Lawrence, prc-tii d e„A of Darter, LLC. WITNESS my hand and official seal. My Commission expires: gla9 jet, 117M'Arlieweel $inr..N1.e...noWna.n.o.VVw..u,. 11.71.11.,4 4�1� ti..bw 1111111 IIlll 111111 111E111i 1111111III 11111 11111111 643048 12/16/2003 10:158 01546 P1010 M ALSDORF 32 of 32 R 161.00 D 0.00 GARFIELD COUNTY CO Master Declaration of Covenants, Conditions and Restrictions for Valley View Village Subdivision in Battlement Mesa PUC Page 32 Lot 46 EXHIBIT A PRO -RATA ALLOCATION OF ASSESSMENTS 100% This allocation may be modified periodically as additional tracts are approved for development.