HomeMy WebLinkAbout2.0 Final Plat DocsIllltii nlll ililt Iilil fflllllilluLlllultl[uliIqliq fi,rsl'ltgga oils4p Blos6 Psos l'l RLSooRF
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ACKNOWLEDGMENT OF SATISFACTION
SUBDTVISION IMPROVEMENTS AGREEMENT
KNOW ALL MEN BY TI{ESE PRESENT that:
WHEREAS, RB Water and Sewer Co. (hereinafter"Owner"), entered into a Subdivision
Improvements Agreement with the Board of County Commissioners of Garfield County, Colorado
(hereinafter "Board") dated February 18,1997 , recorded in Book 1034, at Page 686 as Reception No.
513809 of the Garfield County records on September 19, 1997, for the improvements of Riverbend
Filing No. 5 Planned Unit Development; and
WHEREAS, the obligations of the Owner have been satisfied, as verified in attached
statement from Jefferey Simonsen, P. E., Schmueser Gordon Meyer, Inc. dated October 27,1998,
that work has been completed consistent with improvements described in the Subdivision
Improvements Agreement.
NOW TFEREFORE, at the request of the Owner and in consideration of the premises and
prior agreements, the Board hereby acknowledges the satisfaction of the Subdivision Improvements
Agreement entered into by Owner and the Board for the , and releases security for work completed
consistent with improvements described in the Subdivision Improvements Agreement.
STATE OF COLORADO
COUNTY OF GARFIELD )
By:
)
)ss
The foregoing instrument was acknowledged before me this day ofq--il"; )" , D q I , by Maria,r"I. s*i,h, as Chairman of the Board of County
Co missioners of Garfield County, Colorado.
WITNESS my hand and official seal.
My commission expires /rfr
Garfield Countv Clerk
.01
/
Chairman
*,/
ENGINEERS
-
suRvEYoRs
(970) 945-1004
FAX (970) 945-5948
7S^-M
SCHMUESER
GOROON MEYES
118 West 6th, Suile 200
Glenwood Springs, CO 81601
October 27, 1998
Mr. Mark Bean, Director
Garfield County Building, Sanitation & Planning Dept.
109 Eighth Street, Suite 303
Glenwood Springs CO 81601
RE: Riverbend Subdivision, Filing No. 5
Dear Mark:
Perrhe requesr of RB Homes, inc., iam providing this letterto notify Garfield County thatthe
improvements constructed to date for Riverbend Subdivision, Filing No. 5, have been
constructed in conformance to Schmueser Gordon Meyer, lnc. plans and specifications f or the
same. Please note that all improvements have been installed and tested per the plans and
specif ications.
On November 17 , 1998, Schmueser Gordon Meyer provided a letter to yourself discussing
that minor spreading of topsoil and seeding areas of the park needed to be completed as well
as chip/seal of roadway. Recent work activities have been completed in the subdivision in
that the topsoil has been spread on the park and the park has been seeded. Accordingly, the
roadway has been paved with a 2" asphalt mat (which provides a stronger road section than
previously proposed). I have noted in our November 14, 1997, letter that a total of
$3,01O.4O was to be retained by the County for security to ensure the final two
improvements noted in our November 14 correspondence were completed.
Given this scenario, and now that the improvements are complete, we would request for RB
Homes, that this security be released and the County formalize the approval process for this
project.
lf you have any questions, please don't hesitate to call.
Sinceraly,
SCHMUESER
LL1U lll;lu ur I l! ![ I u HI ILH I lllltttu
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6L ' /oJ4'fq bnbGaart*i-7/nSUBDIVISION IMPROVEMENTS AGREEMENT
, /)rA /
.n THIS AGREEMENT is made and entered into this /b-''daY of Fcbfuai
lgg(between RBWATER AND SEWER CO., a Colorado Corporation (hereinafter "Oudler"), and
ttre'gOARD OF COITNTY COMMISSIONERS OF GARFIELD COITNTY, COLORADO
(hereinafter " County" ).
WITNESSETH:
WHEREAS, Owner is the owner of certain real property located in Garfield County,
Colorado, more particularly described in the Final Plat for Riverbend Filing No. 5 Planned Unit
Development, which is filed on even date hereof, and the description of which is set forth in Exhibit
A attached hereto and made a part hereof by reference (hereinafter "Subdivision"); and
WHEREAS, as a condition of approval of the Final Plat and as required by the laws of the
State of Colorado, the Owner wishes to enter into this Subdivision Improvements Agreement with
the County; and
WHEREAS, to make reasonable provision for the completion of certain public
improvements required to be installed in the subdivision as set forth in Resolution No' 95-83,
recorded in the office of the Clerk and Recorder of Garfield County, Colorado, as Reception No.
485280 in Book 958, Page 275 theCounty has required and the Owner has agreed that as a condition
to the filing of final plat:
A. that Owner shall provide security or collateral sufficient in the judgment of the
County to ensure completion of the public improvements above described, or:
B. that the Owner shall submit to the County a certification of completion of public
improvements, signed by a licensed or registered engineer, which is accepted by the
County.
WIIEREAS, Owner has agreed to execute and deliver a letter of credit to the County to
secgre and guarantee its performance ofthis agreement and/or complete, prior to filing of final plat
all public improvement s above referenced, and has agreed to certain restrictions and conditions
regarding the issuance of building permits and certificates of occupancy within the Subdivision, all
as are more fully set forth hereinafter.
NOW, TIIEREFORE, for and in consideration of the premises and the following mutual
covenants and agreements, the parties hereby agree as follows:
I. OWITER'S PERFORMANCE.
A. Owner has constnrcted and installed or will cause to be constructed and installed, at
its sole expense, those improvements required through the approval of the Preliminary Plan and
Resolution No. 95-083. The improvements set forth therein will be completed in compliance with
the following:
l. all plat documents submitted prior to or at the time of the Final Plat approval,
including as-built drawings of all improvements completed prior to execution of this
Agreement, which are incorporated herein by this reference and made a part of this
Agreement.
2. all requirements of Resolution Nos. 95-083 including all requirements of the
Garfield County ZontngCode and Garfield County Subdivision Regulations.
3. all laws of the United States, the State of Colorado, the County of Garfield
and its various agencies and affected special districts.
4. such other designs, maps, specifications, sketches, and/or other materials
submitted to and approved by any of the above-stated governmental entities.
B. The County agrees that if all improvements are installed in accordance with this
agreement, Final Plat documents, the requirements of the Preliminary Plan, and the requirements of
the P.U.D. zone approval and all other requirements of this agreement, the Preliminary Plan and
P.U.D. zone approval, then the Owner shall be deemed to have satisfied all temrs and conditions of
the Zoning, Subdivision, Resolutions and Regulations of Garfield County, Colorado.
IL. SECURITY FOR IMPROVEMENTS.
A On or before ttre date ofthe recording of the Final Plat with the Garfield County Clerk
and Recorder, the Owner shall deliver a Letter of Credit which is acceptabl-e to the County in the
amount of the improvements for the suMivision improvements which have not yet been completed.
Those improvements, together with the costs thereto as certified by a licensed professional engineer
are attached hereto as Exhibit B and incorporated herein by this reference. The Letter of Credit shall
be issued by a state or national banking institution, licensed to do business in the State of Colorado,
in a form acceptable to the County.
B. The Letter of Credit set forth herein must be valid for a minimum of six weeks
beyond the completion date for the improvements and shall include security sufficient to provide for
the revegetation of the landscaping as required by the Preliminary Plan, Paragraph 5 of Resolution
No. 95-083. Any extension of the time periods within which improvements must be completed shall
cause the line of credit required herein to be extended for an equal amount of time.
Rjverbend PUD FiTing No. 5
Subdivjsj on Improvements Agteemerzt
Page 2
C. Upon completion of construction of public improvements, a certification of
completion of public improvements shall be submitted to the County by a licensed or registered
engineer. Such certification shall certiff that the improvements have been constructed in accordance
wittr ttre requirements of this Agreement, including all Final Plats and plans, and shall be stamped
by said professional engineer.
D. If the County determines that the improvements are not in compliance with the
relevant specifications, the County shall fumish a letter of potential deficiencies to the Owner within
fifteen (15) days from the date the County receives certification from the Owner that all
improvements as set forth herein have been completed. [f no letter of potential deficiency is
furnished within said fifteen (15) day period, all improvements shall be deemed accepted and the
County shall release the appropriate amount of sectrity as the same relates to the completed
improvements. If a letter of potential deficiencies is furnished by the County, the County shall have
thirty (30) days to complete its investigation and provide written confirmation of the deficiencies
to the Owner. If, upon frrther investigation, the County finds that all improvements are acceptable,
then the applicable security shall be released to the Owner within ten (10) days after completion of
such investigation. In the event the improvements are not accepted by the County, the Board of
Commissioners shall make awritten finding prior to requesting payment from the Letter of Credit.
The County may, at its sole option, permit the Owner to substitute other collateral acceptable to the
County for the collateral original given by the Owner to sectre the completion of the improvements '
as provided herein.
E. No Final Plat shall be recorded pursuant to this Agreement until the Letter of Credit
in a form acceptable to the County is received and approved by the County and./or certificates of
completion for all public improvements have, as set forth above, been accepted by the County.
III. SYSTEMS TRANSFER TO RTVERBEND WATER AND SEWER CO.
A. At the time of acceptance by the County of the Owner's certification of completion
of improvements, the water system improvements, including all easements necessary for the
installation of that system, together with the necessary water rights and assignment of permits and
water allotnent contracts and other water rights associated with the issuance of the well permits shall
be transferred by deed, dedication or contract to the Riverbend Water & Sewer Company, Inc.
B. At the time of acceptance by the County of the Owner's certification of completion
of improvements, all sewer system improvements, including all easements necessary for the
installation of that system, together with all necessary Colorado Departrnent of Health and other
governmental permits, shall be transferred by deed, dedication or contract to the Riverbend Water
& Sewer Company.
Riverbend PUD FiTing No. 5
Subdivi s ion Improvements Agreement
Page 3
C. At the time of acceptance by the County of the owner's certification of completion
of the water and sewer improvements set forth in paragraphs 3 and 4 above, the Riverbend Water
& Sewer Company shall, pursuant to the procedures set forth in its Articles of Incorporation, and
pursuant to the Declaration of Protective Covenants for Riverbend Filing No. 5, issue memberships
to all lot owners of Riverbend Subdivision Filing No. 5 P.U.D. and all lot owners within the
Riverbend Subdivision Filings No. 1, 2 and Riverbend Ranchettes to execute service contracts with
the Riverbend Water & Sewer Company,Inc.
VI. INDEMNITY.
A. To the extent allowed by law, the Owner agrees to indemnifu and hold the County
harmless and defend the County from all claims which may arise as a result of the Owner's
installation of the improvements required pursuant to this agreement; provided, however, the Owner
does not indemniff the County for claims made asserting that the standards imposed by the County
on Owner are improper or the cause of the injury asserted.
B. The County shall be required to notiff the Owner of receipt of a 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 notiff and provide such written option to the Owner shall extinguish the County's rights
under this paragraph. Nothing herein stated shall be interpreted to require the Owner to indemniff
the County from claims which may arise from the negligent acts or omissions of the Corurty or its
employees.
YII. SALE OF LOTS.
No lots within the proposed subdivision
conveyed prior to recording of the Final Plat.
that is the subject of this agreement shall be
YIL FINAL PLAT APPROVAL
A. The County agrees to approval of the Final Plat subject to the terms and conditions
of this Agreement, as well as the terms and conditions of the Preliminary Plan and P.U.D. mne
approval.
B. Upon compliance with all requirements and conditions of this agreement by Owner,
authorization shall be given for the filing of final plat beyond the ninety (90) day time limitation set
forttr in section 5.12 of the Garfield County SuMivision Regulations
Riverbend PW FiTing No. 5
Sttbdivision Improvenents Agreenent
Page 4
VI[. ENTORCEMENT.
In addition to any rights which may be provided by Colorado statute, it is mutually agreed
that the County or any purchaser of a lot within the subdivision shall have the authority to bring an
action in the District Court of Garfield County, Colorado, to compel enforcement of this agreement.
In the event no action is commenced before issuance of the final certificate of completion of
improvements and acceptance thereof by the County, any Ptrchaser's rights to commence an action
shall thereafter be extinguished.
X. CONSENT TO VACATE PLAT.
In the event the Owner fails to comply with the terms of this agreemen! including the terms
ofthe preliminary plan and p.U.D. zone approval, the County shall have the ability to vacate the plat
as it pertains to iots 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. The Owner shall provide a survey and complete legal description with a map showing the
location of a portion of the plat so vacated.
XI. BINDING EFFECT
This agreement shall be a covenant running with the title to each lot within the subdivision
and the rights ana oUtgations as contained herein shall be binding upon and inure to the benefit of
the Owner, its successors and assigns.
)ilI. RECORDING.
Upon execution, the Owner shall record this agreement with the Offrce of the Clerk &
Recorder for Garfield County, Colorado'
)(III. VEI{UE AND JURISDICTION.
Venue and jurisdiction for any cause arising out of or related to this agreement shall lie in
the District Cogrt for G.arfield County, Colorado, and be construed pursuant to the laws of the State
of Colorado.
xw. R0ADS.
Roads within the subdivision shall be dedicated as public right of ways and accepted on
behalf of the public by the County. The approval and acceptance of the roads within the suMivision
Riverbend PUD FiTing No. 5
Subdivi s ion Improvements Agreenent
Page 5
by the County shall not obligate the County to maintain such roads. The Homeowners'Association
shall bear the sole responsibility for the maintenance, upkeep, repair, restoration, snow removal and
reconstruction of all roads within the subdivision.
XV. NOTICE.
AII notices required herein shall be tendered by personal service or certified mail upon the
following individuals or agents of the parties to this agreement:
Board of County Commissioners of Garfield County
c/o Mark Bean, Planning Director
109 8th Street, Suite 303
Glenwood Springs, Co 81601
RB Homes,Inc.
P.O. Box 1989
Glenwood Springs CO 81602-1989
With copy to:
Timothy A. Thulson, Esq.
Delaney & Balcomb, P.C.
P.O. Drawer 790
Glenwood Springs, CO 81602
Riverbend PUD FiTing No. 5
Subdjvjsj on Improvutents Agreement
Page 6
ENTERED INTO the day and year first above written.
Rts HOMES,INC.
By
Diane Boat, President
BOARD OF COI.]NTY COMMISSIONERS
OF GARFIELD COUNTY, COLORADO
By
Chairman
ATTEST:
Clerk to the Board
Riverbead PW FiTing No. 5
Su.bdjvisi on lrnproverrtents Agreerneat
?rIGaZE4(10/10D5)
EXHIBIT A
LEGAL DESCRIPTION
A parcel of land situated in the NE%SW% and NW%SE% of Section 34, Township 5 South, Range
90 West of the Sixth Principal Meridian in the County of Garfield, State of Colorado, said parcel
lying northwesterly of the northwesterly right of way line for County Road No. 335 as constructed
and in place and easterly of a fence as constructed and in place. Said parcel being more particularly
described as follows: Commencing at a point on the northwesterly right of way of County Road No.
335 from which the Southeast Comer of said Section 34, a rock found in place bears S. 62o02'56
E.3357.89 feet distant; thence leaving said right of way N. 24"09'39" W. 744.41feet along said
fence; thence leaving said fence N. 24'09'39" W. 173.25 feet to a point in the Colorado River;
thence N. 72"53'00" E. 489.34 feet along said river; thence leaving said river 5.36"21'29 8.730.23
feet to a point on said right of way; thence S. 53'10'00" W. 655.91 feet to the point of beginning.
Said parcel contains 462,310 square feet or 10.613 acres, more or less.
Riverbend PW FiTing No. s
Su.bdjvisjon Improveneats Agreemel2t
?A9Gia€84(l0tr0t96)
--scSCHMUESER
GOBDON MEYER
ETVGINEEFS
SUBVEYOBS
M--
(970) 945-1004
FAX (970) 945-5948
118 West 6th, Suite 200
Glenwood Springs, C0 81601
November 14, 1997
Mark Bean, Director
Garfield County Building, Sanitation and Planning Department
109 Eighth St., Suite 303
Glenwood Springs, Colorado 81601
RE: Riverbend Subdivision Filing No. 5.
Dear Mark:
per the request of RB Homes, lnc., I am providing this letter to notify Garfield County that
the improvements constructed to date for Riverbend Subdivision Filing No. 5 have been
constructed in conformance to Schmueser Gordon Meyer, lnc. Plans and Specifications for the
same. Please note that all improvements have been installed and tested per the plans and
specifications with the exception of the following:
1. Minor spreading of top soil and seeding of park area, $250.00.
2. Chip and seal of roadway, S2,858.4O.
lhave reattached the cost estimate prepared October 22, 1996, for Riverbend Filing No. 5 and
for bonding of the same. You will note that spreading of top soil and seeding never appeared
in that cost estimate, however, we have added it as a part of this letter and as an item that
still needs to be completed for the project. RB Homes, lnc. understands that security will be
kept by the County for the two items above. However, RB Homes, lnc', would make with this
request, excepting the two items above, finalization of the subdivision process.
if you have any questions, please cio not hesitate to call.
Sincerely,
1't' 1 I
Schmueser Gordon Meyer, !nc.
teve Boat, RB Homes, lnc.
90200A JSS:lg
f'l0,d I Z
,t
tlti,lt
BOATi IISIi RBH P01
(970) 94s-1004
t-Ax (s70) 945-5848
E frii/,lEeg
--
,e.r.tedc*,M:
EltafrPrl€f,
-
twjLtuYlP
118 West 6th, Suile 200
Glenwood SPrings, CO 81601
JanuarY 7,1997
Mr. Dwain Wstson
Golorado DoPartmgnt ot Publlc l,lea|th fr Environment
222 Sotfih 6th Avenue, Room ?32
Grand Junqtion CO 815O1
REr ntrlcrtand Wrrtrwrter Trurtnrrrt Facilty
Daar Dwain:
The purpose of this letter is to verify the completion of tha Biverbend wagtewstot troatmont
facility. The ptant w8s comploted an 1996. On D6c6mber 2o, 1996, arr itrspectir'rn of the
facility was performed. Throughout tho con$truction of tho tacalaty, minor changas wer8 made
io in"'original design drowings. Those changos are as followe:
Eliminating chlorine building to raduce visual impact on l'7O' The owner dOgs
not Snticipate everuuing
"-uCtr
a fAclllty- The chlorins Gofitact chamber hos
remained unchanged.
Add small building to protreBtment structu?o which houses electrical control
panglfgr A6rataon iquipment, flow measurlng equlpment and srnallworkstation
for monitoring.
Aeration equipment is Aqua tornado ae produced by Aeromix Syshrns' lnc'
Galvanized steel alide gatos have been repleced with redwood to r ; "juce visual
impsct and to avoid anticipetod corrosion'
cat walk elirrrinatad on settling pond etfluent for rossons of safety, tn-intainino
liner integrity and;;";ilg v'ielal impact. Outflow udiustabilitv ie achiavcd
using roPe and PulleY sYstom'
Aeration equipment is being Eecurod with polypropylena rope in liauof stdinless
steol cable. ff," reason to-r this is ease of handllng for routina mairltBnancB'
I 15 millimetar geotorrtilE fabric and 4O millimetEr HDPE ware usod as a linor'
in SUbStitUtE for hYpAlon. Fit run was Encountared as th€ base rnaLsrial in thc
po^O*. Four inches of bedding was placed prior to linsrs'
The tast manholg prior to pretreatment structurg w83 oliminated' Alignment
*us jOiurted ln ttre lgst S6ctaon of line as well as aligrrrlelrt of tho pretreatment
structurB.
l.
3.
4.
,-) -t8 't-1
PoBt-lt'' brand lax transmittal metno 7671
-------------r={-" I\, r^ r...- .Buu
C-rlrvr0\€"hon' te !!-(
BOATi trISI,'RBH P02
January 7, 1gg7
Mr. Dwain Watson
Paga 2
We believe tho above changas do not impact the intent of the original design of tho facillty,
nor are inconsistent witlt Colorado Dopartment of Heahh & Fublic Environment Dg$ign CfitOfigfor Lagoon FEcilitios. with tho exception of thase changes, the plarrt was built a$ per the
oraganEl design drawangs.
The only addition that we seked Mr. Stov€ Boat, ownor of the facility, to make waa to engurothat adequate walking srrftcas wore maintalned along the berm 8€parating the ponds. We
felt as though th€ walHng surflce between the ponds wag un$afg. Mr. Boafagreed to dO thisand will install I Bafe wallting surface. Once that is installed" we will inspect that facility as
well.
lf we can provide any additional informatiofl, ploase don't hesitate to contact us.
$incsrely,
SGHMUESER GORDOH MEYER, INC.
^ -Ft/;--*:+-
/.--''
Louis Meyer, P.E.
LM;lc/9O2OOBOE
cc; Mr, Stsvs Bost, P.O. Box 198g,Glenwood Springs CO 8l602
Oebbie Duley
SCHMUESER GOROON MEYER. INC,
--_-
Project:
Owner:
Engineer:
COST ESTIMATE
SCHMUESER GORDON MEYER, INC.
Riverbend Filing #5
R.B. Water & Sewer Comoanv
Dean W- Gordon
l of 1
10t22t96
Item
No.Description O,uantity Unit
Unit
Price Total
Mobilization 1 LS 2,OOO.OO $ 2,OOO.OO
Clear & Grub .75 AC 5,OOO.OO 3,750.OO
Unclassif ied Excavation 4,265 CY 3.OO 12,795.OO
Embankment 3,465 CY 3.OO 10,395.00
6" PVC Waterline 1,240 LF 29.0O 35,960.00
6" Gate Valves 6 EA 350.00 2,100.00
6" Bends 11 EA 250.00 2,750.OO
Fire Hydrant Assembly 2 EA 2,500.00 5,OOO.OO
Water Service Lines 17 EA 850.OO 14,450.0O
8" PVC Sewer 749 LF 25.00 18,725.OO
4S" Manholes 4 EA 1,500.00 6,000.00
Sewer Service Lines 16 EA 1,0O0.00 16,000.00
Electric Service 1 LS 37,OOO.OO 37,OOO.OO
Telephone Service 1 LS 5,OOO.OO 5,OOO.OO
Aggregate Base Course 1,635 Ton 12.0O 19,620.OO
Chip Seal Surface 2,382 SY 1.20 2,858.40
Traffic Signs 2 EA 225.OO 450.OO
Type A Ditch 1,OOO LF .85 850.OO
Water Storage Tank 2 EA 9,250.0O 18,500.00
18" CMP 40 LF 30.oo 1,200.00
Total Estimated Cost $215.403.40
COST ESTIMATE
SCHMUESER GORDON MEYER, tNC.
Project:
Owner:
Engineer:
Paqe: 'l of 1
Date: 10122198
Item
No.Description Ouantity Unit
Unit
Price Total
Mobilization 1 LS 2,000.00 $ 2,000.00
Clear & Grub .75 AC 5,000.o0 ? 7En nnvr. vv.vv
Unclassified Excavation 4,265 CY 3.OO 12,795.00
Embankment 3,465 CY 3.00 10,395.00
6" PVC Waterline 1,240 LF 29.00 35,960.00
6" Gate Valves 6 EA 350.00 2,100.00
6" Bends 11 EA 250.00 2,750.00
Fire Hydrant Assembly 2 EA 2,500.00 5,000.00
Water Service Lines 17 EA B50.OO 14,450.OO
8"PVC Sewer 749 LF 25.00 18,725.OO
48" Manholes 4 EA 1,500.00 6,000.00
Sewer Service Lines 16 EA 1,000.00 16,000.00
Electric Service 1 LS 37,000.00 37,000.00
Telephone Service 1 LS 5,O00.00 5,000.00
Aggregate Base Course 1,635 Ton 12.OO 19,620.00
Chip Seal Surface 2,392 SY 1.20 2,859.40
Traffic Signs 2 EA 225.OO 450.00
Type A Ditch 1,OOO LF .85 850.00
Water Storage Tank 2 EA 9,250.00 18,500.00
18'' CMP 40 LF 30.00 1,200.00
Total Estimated Cost $215.403.40
CERTIFICATE OF TAXES DI'E
STATE OF COLORADO
COUNTY OF GARFIELD
BS.
ORDERED BYIDIANE BOAT
NOTICE
I, the undersigned, do hereby certify that the entire amount of
Uitat. taxea arie uion parcelE of reaL estate Property deacribgd
ind aII ealee of the e-ame for unpaid real eetate taxea shown by
iecorae in my office, from which-the E;rme may still be redeemed
the arnount r6guired ior redemption, are aB noted herein.
Certlflcate 973L74
ReaIhereln,the
wl,th
1.995 TA)(ss51.23
r***TAXESDUE****
TAX DI'E SO.OO
TTL DIJE:$o. oo
RB WATER & SEWER COI,TPANY
PO BOX 1989
GLEN!{OOD SPRTNGS CO 81602-1989
SCHEDULE DTSTRICT
oL7026 0t7 2L23 343 00 059
=====================================================================================DESCRIPTION AI.{OUNT
34-s-90A TR. IN THE NESW, NWSE.
BK 0549 PG Ol72
BK 0772 PG 0729
BK 0772 PG 0732
BK 0777 PG 0742
BK 0952 PC 0742
BK 0958 PG O2?5
BK 0950 PG 0256
TOTAL VALUE
ACRES:
8700
10. 610
Taxing Entity Mill Levy Tax Dollars
GARFIELD COI'NTY - GENERAL FI'ND
GARFIELD COUNTY - AIRPORT
GARFIELD COI'NTY - ROAD & BRIDGE FUND
GARFIELD COT'NTY - SOCIAL SERVICES FUND
GARFIELD COUNTY - CAPITAL EXPENDITIIRES
BT'RNING I.{OUNTAINS TIRE PROTECTION DIST.
COLORADO RIVER WATER CONS
WEST DIVIDE WATER CONSERVANCY
RE-2 GENERAL
RE.2 -BOND
COLORADO I.{OUNTAIN COLLEGE
Total Calculated Through L2/3L/97
10.333
0. 150
1.600
L.400
o.L724.L2s
o. 343o.327
35.030
7.244
3. 78s
Total TaxeB Dues
FEE:
89.90
1. 31
L3.9212.18
1. s035.89
2.98
2.A4
304.76
53.02
32.93
euch districtethe County
so. oo
s10. oo
Information regarding special taxing digtricts and boundarieg of
miy be on file-or defosit with the Eoard of County Commiesioners,
Clerk and Recorder, or the County Asseesor.
=====================================================================================
This certificate does not include land or improvements assessed under a
separate echedule number, .Pergonal Property Taxes, or-Special Improvement
DiAtrict AaBessments, Mobile tlomeg, or-Severed Minerals unlegg
epecif ically mentioned.
on thlg da:.e t2/o2/97IN WITNESS VIIIEREOF,I have hereunto aet my hand and seal,
. DePutY
_* a''
(e70) 945-1004
FAX (970) 94s-s948
E'VC'IVEEFS
-^
-M-_
Aa.aco co?'/
118 West 6th, Suite 200
Glenwood Springs, CO 81601
SCHNUESEA ::
'ORTX)N
'IEYER
January 7, 1997
Mr. Dwain Watson
Colorado Department of Public Health & Environment
222 South 6th Avenue, Room 232
Grand Junction CO 81501
RE: Riverbend Wastewater Treatment Facility
Dear Dwain:
The purpose of this letter is to verify the completion of the Biverbend wastewater treatment
facility. The plant was completed in 1996. On December 20, 1996, an inspection of the
facility was performed. Throughout the construction of the facility. minor changes were made
to the original design drawings. Those changes are as follows:
1. Eliminating chlorine building to reduce visual impact on l-70. The owner does
not anticipate bver using such a facility. The chlorine contact chamber has
remained unchanged.
2. Add small buitding to pretreatment structure which houses etectricat control
panel for aeration equipment, flow measuring equipment and small work station
for monitoring.
3. Aeration equipment is Aqua tornado as produced by Aeromix Systems, lnc.
4. Galvanized steelslide gates have been replaced with redwood to reduce visual
impact and to avoid anticipated corrosion.
5. Cat walk eliminated on settling pond effluent for reasons of safety, maintaining
liner integrity and reducing visual impact. Outflow adjustability is achieved
using rope and pulley system.
6. Aeration equipment is being secured with polypropylene rope in tieu of stainless
steel cable. The reason for this is ease of handling for routine maintenance.
7. 1 15 millimeter geotextile fabric and 40 millimeter HDPE were used as a liner,
in substitute for hypalon. Pit run was encountered as the base material in the
ponds. Four inches of bedding was placed prior to liners.
8. The last manhote prior to pretreatment struciure was eliminated. Alignment
was adjusted in the last section of line as well as alignment of the pretreatment
structure.
January 7,1997
Mr. Dwain Watson
Page 2
we believe the above changes do not impact the intent of the original design of the facility,
nor are inconsistent with Colorado Department of Health & Public Environment Design Criteria
for Lagoon Facilities. with the exception of these changes, the plant was built as per the
original design drawings.
The only addition that we asked Mr. steve Boat, owner of the facility, to make was to ensure
that adequate walking surfaces were maintained along the berm separating the ponds' we
felt as though the watking surface between the ponds was unsafe' Mr' Boat agreed to do this
and will install a safe *iring surface. once that is installed, we will inspect that facility as
well.
lf we can provide any additional information, please don't hesitate to contact us'
Sincerely,
SCHMUESER GORDON MEYER, INC.
,--7
,/ -/-.?'7=-
Louis Meyer, P.E.
LM:lc/90200806
cc: Mr. Steve Boat, P.O. Box 1989, Glenwood springs co 81602
Debbie DuleY
SCHMUESER GOBDON MEYER, INC.
STA|E OFCOLORADO
Roy Romer, Covernor
Pani Shwayder, Executive Director
kdicated to proLecLing and improving the health and environment of the people o{ Colorado
4300 Cherry Creek Dr. S. Laboratory and Radiation Services Division
Denver, Colorado 80222-1530 8100 Lowry Blvd.
Phone (303) 692-2000 Denver CO 80220-6928
(303) 692-3090 C,olomdo Department
of Public Health
and Environment
August 8, 1997
Diane R. Boat, President
R. B. Water and Sewer Company
P.O. Box 1989
Glenwood Spnngs, CO 81601
RE: SiteApplication#4325
Gcrfrcld County.
Dear Ms. Boat:
The Water Quality Contr-ol Division has reviewed and evaluated your site application and supporting documentation for
the expansion of the Riverbend Wastewater Treatment Facility in the NE% SW%, NW% SE% of Section 34, Township
5 South, Range 90 West, Garfreld County; to serve filings in the Riverbend Subdivision and to discharge to the Colorado
River.
An amendment to the Company's existing discharge permit will be required. The amended pennit will speciry the hnal
conditions and limitations of the operation of the facility. Please contaat the Division's Permits Unit regarding
procedures for such an amendment.
We find your application to be in conformance with the Water Quality Control Cornmission's "Regulations for Site
Applications for Domestic Wastewater Treatment Works". Therefore, the site application is approved with the following
conditions listed below.
l. Based upon application information, the system design will be for:
Hydraulic Design Capacity - 0.0247 MGD (30-day average)
Organic Design Capacity - 4l.l lbs. BOD, (30-day average)
Treatment Processes to be used - Two cell aerated lagoon, polishing pond, and chlorine disinfection.
2. Preliminary Efiluent Parameter Values:
BOD - 30145 mgA (30-daytr-day averages)
Suspended Solids - 751110 mgll (30-dayt1-day averages)
Chlorine Residual - 0.5 mfl (daily maximum)
Fecal Colitbrm - 6,000/12,000 #/l00rnl (3O-dayfr-day geometlic means)
Desigrr for values in excess of those contained above or failure to comply with any other conditions
contained herein will render this approval void zurd another site application will have to be processed.
3. This site approval will expire one year from the date of this letter if the construction
of the project has not commenced by that date. If expiration occurs, you nrust apply for a new site
approval. Construction is defined as entering into a contract for the erection or physical placement
ofmaterials, equipment, piping, earthwork, or building w.hich are to be a part of a domestio wastewater
treatnrent works
R.B. Water & Sewer Company
August 8,1997
Page Two
4. The desigr (construction plans and specifications) for the treatment works must be approved by the
Division prior to commencement of construction and all construction change orders initiating
variances Aom the approved plans and specifications must be approved by the Division.
5. The applicant's registered engineer must fumish a statement prior to the commencement of operation
stating that the facilities were constructed in conformance with approved plans, specifications, and
change orders.
In accordance with Colorado Water Quality Control Comnrission regulations, this approval is subject to appeal as stated
under Section 2.2.5 (7) of "Regulations for Site Applications for Domestic Wastewater Treatment Works".
This approval does not relieve the owner from compliance with all county regulations prior to construction nor from
responsibility for proper engineering, construction, and operation of the facility.
Sincerely,,W
(1tw;"^*' *
I Water Quality Control Division
JDI{:RFIB
cc: Schmueser Gordon Meyer, Inc. - Attn Debbie Dooley
Mark Bean, Garfield County Sanitarian
Thomas Bennett, Environmental Protection Specialist, WeCD
Dwain Watson, Environmental Protection Specialist, WQCD-Grand Junction
Phil Hegeman, Permits Unit, WeCD
Grr" @?\
RB WATER & SEWER COMPANY
P,O, Box 1989
Glenwood Springs, Colorado I I 602. 1g8g
(970) 984.3421
a aa a a a .a aa a u a a raaa r aara a a a aa a a a ara a t a a a aaa a r a a ra ar a r r, - r a a aa aa a a a r ar a a a a a
\Mest Divide Water Conservancy District
P.O. Box 1478
Rifle, Colorado 81650.1478
RE: Contract No. 951020RBWSC(a)
Dear Sirs:
Riverbend 'lfater & sewer company ,9433 335 Road, New castle,
Colorado 8164Z , is rhe successor of all interest of RB Water & Sewer
Company. Please adjust your records to reflect this change.
Please feel free to contact me if you have any questions.
Sincerely,
Diane R. Boat
President
(>anro c-o?y
RB WATER & SEWER COMPANY
P,O, Box 1959
Glenwood Springs, Colorado I I 602. I 989
(970) 984.3421
Colorado Department of Public Health and Environmenr
Permits & Enforcement Section, Water Quality Control Division
4300 Cherry Creek Drive South
Denver, colorado B0ZZZ-1530
RE: Permit #COG-584006
Dear Sirs:
Riverbend \fater & Sewer Company will be the successors to RB Water &
Sewer Company on . RB \fater & Sewer
Company is the current permitee for the above referenced permit. I am
requesting to change the permitee to Riverbend Water & Sewer
Company,9433 335 Road, New Castle, Colorado 81647,
All operations will continue the same as they are currently.
Please contact me if you have any questions or if you need further
information prior to granting this request.
Sincerely,
Diane R. Boat
President '
Lq/lt a" !
'Ihis
anci
luncl
c:ontract
betrveen
is macle and entered into this dav of' , 19--, by
ttie I{I\ERBEND WATER & SEWEI{ COMPANY (}rereinafter 'the Company")
(hereinafter'OwIrer"),
'l'he Ownel is the owner of the following described real estate in the County of Garfleld,
Statc of'Colorado to wit:
rlso known as:
Ou,uer acknowledges receipt of the Articles of Itrcorporatiott of tl-re lliverbend '\X/ater ltncl
Sc,rve,r Company and Bylaws of the Riverbend \flater and Serve r Cornpany. Orvner has rctcl
anci understands all terms and conditions contained in the above lcferenced docurnents. I3y
signing this Conttzrct, nrembership in the Company shall bc gtanted atrcl a certificatc
eviclencing the same sha1l be issued to tl-re Owner.
lly signing this agreement, the parties acknowledge and lepl'esent to otre another that all
proccdures necessaly to validly contract and execute this Agteernent have been perfolnred
;rnc1 ttrat the persons signing for each party have been clu1y authorized so to do.
In witness whereof, the unclersigned executes this contract ancl declares that tlie statements
therein contained are true aud accordingly has hereunto set his h:.rnd on the day and year
first above written.
BY:
President, Ste,vcn J. l3oat
,{'1-I'IrS'1':
Sccletaly, Diane R. Boat
Ou,ner Owner
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SOILS AND FOUNDATION INVESTIGATION
16 RESIDENTIAL LOTS
RIVERBEND BY THE RIVER
GARFIELD COUNry, COLORADO
Prepared For:
Mesa Structures
P.O. Box 1989
Glenwood Springs, CO 81602
Attention: Mr. Steve Boat
Job No. cS-2112
June 6, 1997
CTL/THOMPSON, INC.CONSULTING ENGINEERS
234 CENTER DRIVE r GLENWOOD SPR|NGS, COLORADO 81601 rl (97O) 945_2809
BOAT/MSI /RBH
Sincerely,
ilt"w"
Dianc R. Boat
Presidcnt
P01
RB WATER 6L SEWER COMPANY
P,O, Box 1989
Glenwood Springs, Colorado I 1602'1989
.......,...a........!:-::1.::: Y.'":.:::.::::: .l:,,.......,,...,,..,2,
Novcmber 12, 1997
Mark l]oarr
Garfield Courty lltrilding & l)lanning
109 8th Strcct
(ilenwood Springs, Llttlclrado 616(l I
IiAX: 945-1785
RF): llivertrerrd Strbdivision liiling No' 5
[)ear Mark,
Earlicr this week, we requcstcd the engineer inspect the above ref'ercncctl
subdivisiorr fbr cornpletion status of the inltastructure. Any itcnrs remaining
to be cornploted wili be done this oorning spring with mtlney held in escrttw
by the L'oirnty to ensttrc ctlmpletion. We intcnd to reqttest tho final plat he
recordecl shr:ttty, in laot, wc arg lrrlpirtg to start a llcw hgme yet this fall'
I have prcvior.rsl.y requcstccl an exteilsion until Noventber lTtlr ttl record ottt'
tinal plat nhhoi,gh wc are olose to finalizing this, wg won't be able to make
the lTth antl we woulcl likc to request and additional 90 days until I''ebruary
l5th to record thc final Plat.
Fccl free lo contacl me i{'-vou havc any qttestiotts.
6ruo4lL-
'1t/rg
BOAT/}TSI/RBH P01
lrB We:it 6rtr. Su[c eul
Glerrwooo Sonngs, CO 81601
(970) 94s-1004
rAX (s70) 943-594U
Novemt)rrr '14, 1997
Mark Bean, Director
Garfield County Building, Sanitation
1O9 Eighrlr sr., surte 3o3
Glenwood Springs, Colorado 91601
and Platrning Departmenl
RE: Hiverbend Subdivision Fiting No. 5.
Dear Mark:
Per the request of RB l-lomes, lnc., lam providing rhis letrer to notify Garfield counrv rharthe improverlrclrts cons(rucred to date for Riveibend Subdivision 'fillng No. 5 have beenconstructed in conformance to Sclrmueser Gordon Meyer, lnc. Plans and Slecificarions for rhesame. Please rlote that all itnprovements have been installed and tested per rhe prans onclspecifications with the exception ol the lollowing:
1. Min,r spreading of top soil anct seeding of park area, s25o.o0,
2. Chip and seal of roaclway, S2,8S8.4O.
I have reattachecl the cost estimate prepared October 22, 1996, f or Riverbend Filing No. S andfor bonding of the sarlrc. You will note that spreading of top soil and seedirrg never appearecJin that cost estimate, however, we have added it as a parr of this letter ond as on itenr that
still needs to be completed for the project. RB Homes, lnc. understand$ thal securiry wiil lrr.kept by the Counry lor the two iterrrs above. However, RB Homes, lnc., would make with this
request, excepting the two items above, finalization of the subdivisiorr process.
lf you have any questions, please do not hesitate to call.
Sincerely,
rl
Schmueser Gordon Meyer, lnc.
,'.i',' ."r./,!,
.: l' ,l ' t':.- -
-.-
' ll I Itv'JefferdySimonsonl P. E.
Attachment '
cc: Steve Boat, FB Homes, lnc.
90100r\ JSS:lrl
FOst-lt'' brand lax transmittal memo E'll
BOAT/MSI/RBH P02
COST ESTIMATE
SCHMUESER GORDON MEYER, INC.
Proiecl:
Ownur;
Errginerir;
Riverbend Fitirrglir!
E& Water A Seqr A-"-, -D-een W. Gorderl__Pago; t ot t
uare: _ 1Q/Z2n_A_
ItG,u
No.DcacrlDrinrr
Mobilizarion
Ottarrtity Irnit
Unit
Praco fotat
1 LS 2,OO0.oo $ 2.O00,o0
Clear & Grub ,75 AC 5.000.oo 3,750_OO
Unclassified Excavation 4.265 CY 3.OO 12,795.OO
Embarrknrenr 3,465 CY 3.00 10,395.00
6" PVC Waterline 1,240 LT 29.00 35,960.00
6" Gare Valves 6 EA
EA
350.00 2, 100.00
6" Ben<ls 11 250.00 2,750.00
Fire Hydranr Assernbly
-
Water Service Lines
?EA 2,500.00 5,OO0.OO
17 EA B50.oo r4,450.OO
8" PVC Sewer 749 LF 25.OO r8,725.o0
4S" Martholes 4 TA 1 ,500,OO 6,000.0o
Sewer Service Lines 16 EA 1,OO0,OO 16,000.o0
Electric Servicc
1 LS 37,oo0.00 37,ooo.ou
Telephone Service ,l LS 5,Ooo.oo s,o00.()0
Aggrcgate Base Course I r,605 Tcrn 12.00 19,02(J.00
Chip Seat Surface 2,382 9Y 'r.20 2, U58,40
Traffic Sigrrs ?EA 225.00 45o.oo
Type A Dirch 1,00o LF .85 850.OO
Water SlrorAgc Tank
18" CMP
_Total Esrirrrateu Cost
2 EA 9.21;0.o0 18,500.00
j',)LF 30.00 'r,200.00
$2 r5,4u3.40
BOAT/USI/RBH P01
RB WATER & SEWER @MPANYp,O. Box tggg
Glenwrood Springs, L-olorudo g I doz. I ggg
(970) 984,342r
Mark llean
9jr1*!r.1 ()ounty Builctins & Irlirnning
109 8th Srrtct
Ole-rrw<xxl Spring.s, Col,,ra.lt, 8 I 60 IFAX: 5r45.??Aj
RE; Riverhcnd Suhtlivision FilinA No. 5
f)eor M:rrk.
Thc ilb.vr'' rtlftrrtlnr:trd 'tuhclivisi,n rcr.ived 6nal plar approval [r,m thc c.rrrmi.s$i,nrrrsin Fqbrvplv .rf this y.car., _The uppr,.-r""i'an.,weJ ,0 ;il;;;.c.r,J the finar prat, whichI have calcutated ro hc Mav r9.' i"'M;v t ,.qr.*.Jil';;; granted a 90 daycxtension to rec()td the finul ptat. I havc.alculatetl that a"rauno t, he August l9th.
I'i:t
reclur:s-tirrg an adcliti<:n,,llro .i.r*, untir Novcnrrr.rlzrn, ,,, ,*.or.i ,rI. n..r
!7e havtr h.clrr clitig*nrly w*rking sinctr ftnat approval in Fchruary t, r:.nrrrltte all, ,rrnearly all, rc<{uircnrrnr$ prl()r r(, rccording final plaf, Wc hare madc substantialrlrir*rcss arrd ar(r ncnring c.nrpler i*n .f "ii ,*q,ri."rrr;^;;. "''
Thank you ftrt'your timc nntl t'rrn;i{lrralion. Pkraxr fct:l fr(rt to ('()htacr nrc if yorr havr:any qucsritrrrs.
August 6, l.99?
Sinrer(rly,
,e,fr"Wf
[)iane R. &,rrt
Prcsirlt'nr
0b- 6tQu
a/,, lqt
ME}IORATIDI,M OF AGREEMENT
Parties
The parties to this Agreement are RB WATER & SE$IER COMPAIIY, a
Colorado Corporation (hereinaf Eer I'RB Water & Sewer). and TIIE
RI\IERBEI{ID WATER & SEV{ER COIIIPA}iIY, a Colorado non-profit corporation
(hereinafter "Riverbend" ) .
Recitals
WHEREAS, RB Water & sewer is the owner of the water
distribution and sewage treatment syst,em (hereinafter "water
System,') which at the present time provides domestic water to
homeowners within Riverbend Ranchettes and domestic water and
sanitary sewage treatment to the homeowners within the Riverbend
p.u.D. Filing No. L and Riverbend P.u.D. Filing No. 2.
WHEREAS, RB Water & sewer intends to subdivide a parcel of
land the homes of which upon build-out will be serviced by the
Water System.
WHEREAS, Garfield County has required as a condition to
subdivision approval that ownership of the Water System be conveyed
from RB Water and sewer Eo t,he individual homeowners set fort'h in
exhibit A attached hereto who are presently receiving domestic
water and sewage treaEment from the same'
WHEREAS, RB Water & Sewer has agreed to transfer and convey
its ownership interest in and to the Water System to Riverbend
whose membership is comprised exclusively of lot owners above
referenced and the owners of lots within the Riverbend PUD Filing
No. 5 subdivision who will be served by the Water System in the
future.
WHEREAS, RB Water & Sewer has incurred substantial capital
outlays incident to Water Syst.em upgrades reguired by the State of
Colorado Department. of Health and Environment'
WHEREAS, in consideration of the above described Water System
transfer, Riverbend has agreed to waive all tap fees, charges
and/or costs incident to connection to the Water System by RB Water
& Sewer of the twenty-one (21) residential units to be constructed
in Riverbend p.U.D. Filing No. 5. Additionally, j-n consideration
of this transfer, Riverbend has agreed t.o allow RB Water & Sewer Eo
utilize, without tap fees or other charges all remaining capacity
in the Wat,er Sytem following the connection to the Water System of
the above reference Ewenty-one Ql) residential units.
Agreement
The parties agree as follows:
1. The recitals above set forth are true and correct.
2. RB Water & Sewer shall at the time specified in the
Subdivision Improvements Agreement executed by RB Homes Inc' and
Garfield County, filed for public record'with the Garfield County
Clerk.and Recorder as Reception No., transfer and convey
to Riverbend pursuant to special warranty deed all real propert'y
and pursuant to bill of sale all personal property reasonably
necessary for t.he continued operation of the Water System'
3. SubseguenE to the above described conveyance and in
consideration of the same, Riverbend shall grant to RB Water &
Sewer, the right to connect twenty-one (21) residential units to
the Water System without tap fees, chargres and/or other costs'
4. Subseguent to the above described conveyance and in
consideraEion of the same, Riverbend shaIl grant to RB Water &
Sewer, the right to utilize withouE incurring tap fees or other
charges, aII excess capacity remaining in the Water System aft'er
connection to the system of the above described twenty-one QLt
residential uniEs
5. The waiver of tap fees described in paragraph 4 above,
shall be appurtenant to the 2L Lots as set forth on the plat for
Riverbend P.U.D. Filing No. 5 and sha11 noE be transferred or
assigned separate from the same.
6 Riverbend sha}I, without cost or charge to the Riverbend
Filing No. 5 Homeoweners Association, provide all water reasonably
necessary for the irrigation of the Park/Open Space contatined
within Riverbend PUD Filng No. Z
-2-
6. This Memorandum of Agreement is intended t'o inure t'o the
benefit of and shall be binding upon, the parties hereto, their
7 This Agreement contains the entire agreement between the
parties and supersedes all prior understandings, agreements,
negotiatj.ons and representations written and oral not contained
herein.
8 In the event of any action for breach of, to enforce the
provisions of, or otherwise involving this contract the court in
such action shall award a reasonabLe sum as attorney fees to the
parqy who in light of the issues litigate Ehat the courtrs decision
on those issues was the prevailing party in the action' If a party
voluntarily dismisses an action a reasonable sum as attorney fees
shall be awarded to the other party'
IN WITNESS WHEREOF the parties have signed this Memorandum of
Agreement on the day and year first above written.
RB WATER & SEWER COMPAIVY
By
Diane R. Boat, President
THE RIVERBEND WATER AND SEWER COMPAI{Y
Steven ,f . Boat, President
By
-3-
ARTICLES OF INCORPORATION
OF
TIIE RIYERBEND WATER AI\D SEWER CO.' INC..
(a Colorado not-for prolit corporation)
KNOW ALL MEN BY THESE PRESENTS that the undersigned natural person, more than
18 years of age, acting as an incorporator in order to organize and establish a corporation not for
profit under and pursuant to the statutes of the State of Colorado, does hereby adopt the following
Articles of Incorporation, to-wit:
ARTICLE I.
NAME
The name of the Corporation is the Riverbend Water and Sewer Co. Inc.
ARTICLE II.
DI]RATION
The period of duration of the Corporation shall be perpetual.
ARTICLE ltr.
PTIRPOSES, POWERS AltD LI1VtrTATIONS
The ptgposes for which the Corporation is organized and the powers which it shall possess
and the limitations to which it is subject are as follows:
A. To operate and maintain the facilities reasonably necessary to provide domestic water
supply distribution and sanitary sewage treatnent to those residential units contained within the
nivirUena P.U.D. Filing No. 1, the Riverbend P.U.D. Filing No. 2 , Riverbed P.U.D. Filing No. 5
and Riverbend Ranchettes all located in Garfield County, Colorado, and more specifically set forth
in Exhibit A attached herewith and incorporated herein.
l. To acquire and hold title to, lease, purchase, sell and convey any lands or
interest in lands, including, but not limited to, water and water rights, and any utilities deemed
necessary or desirable by the Corporation'
Z. To acquire and operate the domestic water supply distribution systems which:
a. provides domestic water to the residential units described in paragraph A above,
and;
b. provides ir.rigaton water to the Park\Open Space contained within Riverbend PUD
Filing No. 5.
3. To acquire and operate the sanitary wastewater treatrnent facilities and septic
systems which shall service the residential nnits contained within the Riverbend P.U.D. Filing No.
1, Riverbend P.U.D. Filing No. 2 , Riverbend P.U.D. Filing No. 5 and fuverbend Ranchettes
subdivisions above referenced.
4. To establish, maintain and enforce all necessary and reasonable rules and
regulations concerning the use and maintenance of the facilities under its jurisdiction.
5. To charge and collect such fees, charges and assessments as may be set or
charged by the Board of Directors of the corporation in carrying out its function hereunder and to
enter into written service contracts and/or other agreements, all to the end of carrying out the
purposes and powers of the Corporation.
6. To exercise all the powers authorized or granted to a co{poration not-for-profit
by the laws of the State of Colorado as are now in effect or may hereinafter be in effect.
B. These Articles are herein expressly made subject to those provisions contained within
the Subdivision Improvements Agreement executed by R.B. Water & Sewer Company, Inc. and
Garfield County dated , filed for public record with the Garfield County Clerk and
Recorder as Reception No.and those provisions of the Memorandum of Agreement
executed by RB Water & Sewer Company and the Riverbend Water and Sewer Company, filed for
pubtic record with the Garfield County Clerk and Recorder as Reception No.which
pertain to the discontinuation of water and sewer service and by this reference the
incorporated herein.
ARTICLE TV.
MEMBERS
are
A. Memberships in The Riverbend Water and Sewer Co. Inc. shall be granted and
certificates evidencing the same shall be issued to the following described persons:
l. All persons or entities who own title in fee to a lot or unit within Riverbend
P.U.D. Filing No. 5.
2. All persons or entities who own title in fee to a lot or unit within Riverbend
P.U.D. Filing No. l, Riverbend filing No. 2 andRiverbend Rancheffes above R.B. Water & Sewer
Company, Inc. and coincident with the issuance of said membership, execute and file with the
corporation a written service contract for domestic water and sanitary wastewater treatnent..
lrltb/es ol ln corpora ltbn
Eirerbend taler & Serer Company, /nc.
Page 2
B. All memberships issued pursuant to these provisions shall be of the same class
entitling the holder thereof to one vote on each matter submitted to a vote of the members.
C. There shatl be issued one membership for each lot or unit owned as above described,
which membership shall be appurtenant to the fee simple title of each such lot or unit and shall
automatically pass with title.
D. If fee simple title is held by more than one person or entity the regular membership
appurtenant to that lot or unit shall be shared by all such persons or entities in the same proportionate
interest and by the same type of ownership as fee simple title to the water unit is held.
ARTICLE V.
DIRECTORS
A. The names and addresses of the persons who are to serve as directors of this
Corporation until the first annual meeting of members and until their successors shall be elected and
shall qualiff are as follows:
Steven J. Boat
Diane R. Boat
Tim Thulson
P.O. Box 1989
Glenwood Springs, CO 81602-1989
P.O. Box 1989
Glenwood Springs, CO 81602-1989
P.O. Drawer 790
Glenwood Springs, CO 81602
B. The business, affairs and property of the Corporation shall be managed by a Board
of Directors who shall be elected at the annual meetings of the members by plurality vote. Each
director shall be elected to serve until the next succeeding annual meeting and until his successor
shall be elected and shall qualify.
C. The Board of Directors shall consist of from three (3) to five (5) persons as shall be
determined by the Bylaws of the Corporation.
D. Subsequent to the first annual meeting of members, all Directors must be a member
ofthe corporation as above defined. The composition of the Board of Directon shall be as provided
in the bylaws of the corporation.
,4 rltc/es o/ /a corpora lton
Et'rerbend faler &,lerer CompanT, lnc.
Page 3
E. Any vacancy occurring in the Board of Directors may be filled by the affirmative vote
of a majority of the remaining directors. A director elected to fill a vacancy shall be elected from
the unexpired term of his predecessor in offtce.
ARTICLE VI.
REGISTERED OFFICE AI{D AGENT
The address of the initial registered office of this Corporation is 0225 Glen Eagle Circle, New
Castle, CO, and the initial registered agent at such office is Steve Boat.
ARTICLE VtI.
INCORPORATOR
The name and address of the incorporator of this Corporation is Steve Boat, P.O. Box 1989,
Glenwood Springs, CO 81602.
ARTICLE YIII.
DISSOLUTION
ffis Corporation may be dissolved by fourth-fifths (4/5ths) of the votes entitled to be cast
by its members and in accordance with the laws of the State of Colorado. Upon dissolution, the
properties and assets of this Corporation shall be distributed to its members pro rata in the same
proportion as the votes entitled to be cast by the members at the time of dissolution and in
accordance with the laws of the State of Colorado.
IN MTNESS WHEREOF, theundersigned, beingthe incorporatordesignated inthe annexed
and foregoing Articles of lncorporation, for the pgrpose of organizing and establishing a corporation
not for profit under and pursuant to the laws of the State of Colorado, executes these Articles of
Incorporation aforesaid and declares that the statements therein contained are true and accordingly
has hereunto set his hand this day of 1995.
/ rlt'c/es o/ ln corpora ltbn
,?t'rerbend faler & ,fierer Company, lnc.
Page 4
STEVEN J. BOAT
STATE OF COLORADO )
) ss.
COUNTY OF GARFIELD )
I, , a notary public in and for the County and State
aforesaid, do hereby certiff that Steven J. Boat, who is personally known to me to be the person
whose name is subscribed in the foregoing instnrment, appeared before me this day in person and
acknowledged that he signed, sealed and delivered the said instrument in writing as his free and
voluntary act for the uses and purposes therein set forth.
Given under my hand and notarial seal this
1995.
day of
Notary Public
Address:
My commission expires:
/ rttb/es ol In corpora ltbn
flirerbend fater &,fierer CompartT,
Page 5
EXHIBIT A
SERVICE AREA (RESIDENTIAL ITNITS) FOR RTVERBEND
WATER AND SEWER COMPAI\IY
Water and Sewer Service
Riverbend Subdivision Filing No. I
1. Block l, Lots 1-10
2. Block 2,Lots l-7
Riverbend Subdivision Filing No.2
Block 1, Lots l-6
Block 2, Lots 1-13
Block 3, Lot 6
Riverbend Subdivision Filing No.3
Block 3, Lots 1-5 and 7-10
Riverbend Ranchettes
Ranchette A
Cedar Ridge Subdivision
Lot 3
Riverbend Subdivision Filing No. 5
Lots l-16
Water Service
Riverbend Ranchettes
Ranchette A and Ranchette C
Cedar Ridge Subdivision
Lot2
Irrigation
Riverbend Subdivision Filing No. 5
Parlvl)pen Space
BYLAWS
OF
THE RIVERBEND WATER AND SEWER COMPANY, tNG.
ARTICLE I.
OFFICES
The principal office of the Corporation shall be ar0225 Glen Eagle Circle, New Casde, Colorado.
The Corporation may dso have one (1) or more office at such other place or places within or without the
State of Colorado as the Board of Directors may from time to time determine or the business of the
Corporation may require.
ARTICLE II.
MEMBERS' MEETINGS
A. Meetings of members shdl be held at the principd office of the Corporation or at such
other place or places, within or without the State of Colorado, as may be from time to time determined
by the Board of Directors. The place at which such meetinp shall be held shall be stated in the notice of
the meetings.
B. The aonud meetings of members, after the year 199-, for the election of directors
to succeed those whose teflns expire and for the transaction of such other business as may come before
the meeting shdl be held in eachye* on the second Saturday in February. If the &y so fixed for such
annual meeting shall be a legal holi&y, then such meeting shdl be held on the next succeeding business
dey-
C. Special meetings of members for any purpose or purposes may be called at any time
by the Board of Directors and shall be called by the chairman of the Board of Directors or the secretar7
upon the request of the hol&n of not less than one-hdf (14) of the total members' vote in the Corporation
entitled ro vore at the meeting. The pu{poses of such specid meeting shall be stated in the notice therefor.
D. Notice of each meeting of members, whether annual or special, shall be given, not less
than ten (10) &ys nor more than fifty (50) &ys prior thereto, to each member of record entitled to vote
thereat by mailing regular, United States Mail, postage prepaid addressed to each member as the member's
name appears upon the boola of the Corporation. The notice of all meetings shdl state the place, day and
hour thereof.
E. At least ten (10) days before every meeting of members a complete list of members
entitled ro vore rhereat, arranged in alphabeticd order, showing the address of each member and the
number of votes to which each is endtled, shdl be prepared by the secretary of the Corporation and shall
be open to the inspection of any member during usud business hours for a period of at least ten (10) days
prior to such meeting at the principd office of the Corporation. Such list shall be produced and kept at
the time and place of the meeting during the whole time thereof and shall be subject to the inspection of
any member who is present.
F. Members of this Corporation shall have the right to vote the election of the directors
of the Corporation and upon all other matters properly brought to a vote of the members by virnre of
the Articles of lncorporation, the Bylaws of the Corporation or the laws of Colorado.
G. Each member shall have one (1) vote for each lot owned. If fee simple title is held by
more than one (1) person or entity, the owners shall determine how the one (1) vote attributable to that
lot shall be cast.
H. The cumulative system of voting shall not be used for any purpose. Each member shall
be entitled to vote in person or by proxy executed in writing by such member or by his duly authorized
attorney in faa; provided, however, that no such proxy shall be valid after eleven (11) months from the
date of its execution, unless the prory provides for a longer period. '$[hen a quomm is present at aoy
meering, the vote of a majority of the members' votes present in person or represented by prory shall
decide any question brought before such meeting, unless the question is one upon which, by the express
provisions of the laws of Colorado, the Articles of Incorporation, or the Protective Covenants for the
subdivision, a different vote is required, in which case the express provisions shall govern and control the
decision of such question.
I. The Board of Directors shall close the membership transfer books of the Corporation
for a period of not less than ten (10) &ys nor more than frfry (50) days precedi''g the date of any meeting
of members.
J. The hol&rs of a majority of the totd members' votes entitled to vote thereat, present
in person or represented by prory, shall be requisite to and shall constitute a quorum at all meetings of
members for the transaction of business, except as otherwise expressly provided by law or by the Articles
of Incorporation. If such quonrm shall not be present or represented at any zuch meeting, the holders of
a majority of the votes present in person or represented by proxy and entitled to vote thereat shall have
power to adourn the meeting from time to time until a quonrm shall be present or represented.
K. The charrman of the Board of Directors shdl call meetings of members to order and
act as chairman of zuch meetings. In the absence of said officer, any member entitled to vote thereat, or
any proxy of. any such member, may call the meeting to order and a chairman shall be elected. The
secretary of the Corporation shdl act as secretau-y of such meetings.
ARTICLE III.
DIRECTORS
A. The number of the directors of the Board of Directors shall be five (5).
B. After each annual election of directors, the Board of Directors shall meet for the
purpose of org..ir*lon, the election of officers and the transaction of any other business.
ByTaws
Riverbend Water and Sewer Company
Page 2
C. Regular meetings of the Board of Directors may be held without notice at such time
and place as shall from time to time be determined by the Board.
D. Special meetings of the Board of Directors may be called by the chairman of the Board
of Directors on five (5) &ys' notice to each director, either personally, by mail or by telegram, and shall
be called by the chairman of the Board of Directors or secretary in like manner and on like notice on the
written request of any two (2) directors.
E. Meetings, including organizational meetings, of the Board of Directors may be held at
such place or places either within or without the State of Colorado as shdl from time to time be
determined by the Board, or as shall be fixed by the Chairman of the Board of Directors and designated
in the notice of the meeting.
F. Actions taken by the Board of Directors without a meeting and attendance at meetinBs
by telephone or similar communication equipment shdl be authorized as provided in C.R.S. 7-5-108.
G. A majoriry of the number of directors shall constitute a quorum at all meetings of the
Board of Directors, and the act of a majoriry of the directors present at a meeting at which a quorum is
present shdl be the act of the Board of Directors. ln the absence of a quorum et erry meeting, a majority
of the directors present may adjourn the meeting to a later day and hour without further notice.
H. Directors shall be paid no compensation by the Coqporation for their services. All
directors may be allowed expenses incurred for anendance at each regular or qpecid meeting of the Board
as may be from time to time fixed by resolution of the Board. Nothing herein contained shall be
construed to preclude any director from serving the Corporation in any other capacity and receiving
compensation therefor.
ARTICLE IV.
OFFICERS
A. The Board of Directors a"nually shall elect a president of the Board of Directors, a
secretary and a ffeasurer. The Board may also elect or appoint such other officers as may be determined
by the Board. Every officer so eleced or appointed shall continue in office until his successor shall be
electcd or appointed and shdl qualify, unless sooner removed. Any individud, except the president of the
Board of Directors, may hold two (2) or more offices simultaneously. Aoy officer eleoed or appointed
by ttre Board of Directors may be removed et eny time by an affirmative vote of a majoriry of the whole
Board of Directon. If the office of any officer becomes vacant for ary reason, the vacancy shdl be filled
by the Board of Directors.
B. The president of the Board of Directors shdl be the chief executive officer of the
Corporation. He shall preside at dl meethgp of the members and directors, shall have general and active
management of the operation of the Corporation, and shdl see that all orders and resolutions of the Board
of Directors are carried into effeo.
ByJ.aws
Riverbend Water and Sewer Company
Page 3
C. The secretary shall give, or cause to be given, notice of dl meetings of the members and
direcrors and shall attend dl such meetings and keep a record of their proceedings. The secretary shall be
the custodian of the seal of the Corporation and shall have power to affix the same to all documents, the
execution of which on behalf of the Corporation is authorized by these Bylaws, by the Articles of
lncorporation, or by the Board of Directors. The secretary shall have charge of membership recor& of
the Ctrporation and shall in generd perform all duties incident to the office of secretary and such other
duties as from time to time may be CIsigned to the secretary by the Board of Directors or the chairman
of the Board of Directors.
D. The treazurer shall have charge and custody of and be responsible for all funds and
securities of the Corporation and shall deposit dl such funds in the name of the Corporation in such banls
or orher depositories as shall be selected by the Board of Directors. The reasurer shdl collect and receive
and give reieipts for all monies or securities belonging to the Corporation. In general, the treazurer shall
perform all the duties incident to the office of treasurer and such other duties as from time to time may
Le assigned to the treasurer by the Board of Directors or by the chairman of the Board of Directors.
ARTICLE V.
INDEMNIFICATION
The Corporation shall indemni* *y and all of its directors or officers, or former directors or
officers, against expenses aaudly incurred by them in connection with the defense of any action, suit or
proceeding in which they or any of them are made parties or party by reason of being or having been
directors or officers or a director or officer of the Corporation, except in relation to matters as to which
any such director or officer, or former director or officer, shall be adjudged in such action, suit or
proceeding to be liable for gross negligence or misconduo in the performance of duty. Such
indemnifiJation shdl not be deemed exclusive of. arry other rights to which tlose indemnified may be
entitled under any bylaw, agreement, vote of members or otherwise.
ARTICLE VI.
AMENDMENTS
This Corporation reserves the right to amend, dter, change or reped any provisions containd
in, or ro add any provisions to, its Articles of lncorporation or its Bylaws from time to time by resolution
adopted et ^ny regular or special meeting by three-fourths (3/aths) of the votes of all of the members
entitled to be cast ihe.e"t, whether present in person or represented by proxy or absent.
Bylaws
Riverbend Water and Sewer Company
Page 4
Attest:
ADOPTED by the Board of Directors of the Riverbend Water and Sewer Company Inc.
President
Secretary
By!aws
Riverbend Water and Sewer ComPanY
Page 5
ARTICLES OF INCORPORATION
OF
RIVERBEND FILING NO.5
HOMEOWNERS ASSOCIATION, INC.
KNO\7 ALL MEN BY TFtrSE PRESENTS that the undersigned natural Person, more than 18
years of age, acing as an incorporator in orderto orgeatzn and establish a corporation not for profit under
td p,rrrirrrt to-the ,."*t., of the State of Colorado, does hereby adopt the following Anicles of
lncorporation, to-wit:
ARTICLE I.
NAME
The name of the Corporation is RIVERBEND FILING NO. 5 HOMEOVNERS
ASSOCIATION, INC.
ARTICLE II.
DURATION
The period of duration of the Corporation shall be perpetual.
ARTICLE III.
PURPOSES AND POWERS
The.purposes for which the Corporation is org,,nizsl and the powers which it shall Possess are
as follows:
A. To protect and maintain the area located in Garfield Counry Colorado and known as
RIVERBEND PUDFILING NO. 5, a common interest community as defined under C.R.S. 38-33.3'101
et, es edesirable nrral residentid area and to do all things and perforrn dl aos necessary or desirable in
connection with said purpose including without lirnitxli6a, the following:
1. To hold the title ro any lands or interest in lan&, '
"lrclingr
but not limited to,
corlmon lands, green belt, roadways, water and water rights, and any utilities deemed necessary or
desirable by the Corporation.
2. To lease, purchase, sell, convey and &al with lands, structures and improvements,
all as may be necessary or desirable h carrying out the pu{poses of the Corporation.
3. To build, operate, improve, maintain and beautify roads, bridle Paths, trails,
bridges, utiliry lines and easements, common lands and other things of like nature.
4. To maintain all roadways, including snow removd'
5. To arrange for or provide any services necessary or desirable to promote and
advance the general welfare of thelesidents;f the area known as RMERBEND PUD FILING No. 5 in
Garfield Counry, Colorado.
6. To establish, maintain and enforce all necessary and reasonable rules and
regulations concerning the use and maintenance of the facilities under its iurisdiction.
7. To charge and collecr such fees, charges and assessments as may b1 set or charged
by the Board of Directors of thJCorporarion in carrying 9ut its functions hereunder and to create liens
,poo p.*orral properry for the prrpor. of enforcing the collection of such fees, charges and assessments'
"ll to ihe end of carrying out the purPoses and powers of the Corporation.
8. To exercise all of the powers authorized or granted to a corPo-ftion not for profit
by the laws of the State of Colorado as now are in effect or may hereinafter be in effect.
ARTICLE IV.
MEMBERS
The members of this Association shall be those persons or entities who own title in fee to a lot
or unit within RIVEFGEND pUD FILING NO. 5 . There shdl be one (1) regular membership in the
a.;.;;;for each lot or unit located therein, which regular membership shall be 3PP:rt1"Tt to the
f"" ,'i-pf" title of each such lot or unit and shall automatically pass with the transfer of dtle. Each owner
of a lot or unit shall be entitled ro rhe benefits and be subject to the burdens relating to such membership.
If fee simple title is held by more than one (1) person or entity, the regular membership aPPurtenantto
that lot oi ,roi. shall be ,("red by all such p.r.orrr or enriries in the same proportionate interest and by
the same rype of ownership as fee simple tide to the lot or unit is held.
ARTICLE V.
DIRECTORS
A. The narns and addresses of ttre persons who are to serve as directors of this Corporation
until the firsr annual meeting of members and until their successors shall be eleced and shall qudify are
as follows:
Steve Boat
Articles of IncorPoration
Riverbend Filing IVo. 5 Homeowners
Page 2
P.O. Box 1989
Glenwood Springs, CO 81602-1989
Association, Inc
Diane Boat P'O' Box 1989
Glenwood Springs, CO 81602-1989
Tim Thulson P.O. Box 790
Glenwood SPrings CO 81602
B. The business, affairs and properry of the Corporation shall be managed by a Board of
Directors who shall be elected at the annual meetings of the members by pluraliry vote. Each director
shall be elected ro serve undl the nexr succeeding annual meeting and until his successor shall be elected
and shall qualify.
C. The Board of Directors shall consist of from three (3) to five (5) persons as shall be
&termined by the Bylaws of the Corporation.
D. Subsequent to the firsr annual meeting of members, all Directors must be a member of the
corporation as above iefined. The composition of rhe Board of Directors shall be as provided in the
bylaws of the corporation
E. Any vacancy occurring in the Board of Direaors may be tilled by the affirmative vote of
a majoriry of the i.*airiog directo.i. A director elected to fill ^
y^cency shall be elected from the
unexpired term of his predecessor in office.
ARTICLE VI.
REGISTERED OFFICE AND AGENT
The address of the initial registered office of this Corporation is 0225 Glen Eagle Circle, New
Castle CO, and the initial registered agent at such office is Steve Boat.
ARTICLE VII.
INCORPORATOR
The nrr',e and address of the incorporator of this Corporation is Steve Boat, P.O. Box 1989,
Glenwood Springs CO 81602-1989.
ARTICLE VIII.
DISSOLUTION
This Corporation may be dissolved by fourh-fifths (a/sths) of the votes entitled to be cast by its
members and in accordarrce with the laws of the State of Colorado. Upon dissolution, the properties and
assets of this Corporation shall be di*ributed to its members pro rata in the same proportion as the votes
ArticTes of IncorPoration
Riverbend FiTing No. 5 Homeowners Association, Lnc
Page 3
entitled to be casr by the members at the time of dissolution and in accordance with the laws of the State
of Colorado.
lN WTTNESS WHEREOF, the undersigned, being the incorporator designated in the annexed
and foregoing Articles of lncorporation, for the purpose of organizing and establishing a corporation not
for profiI unJer
"nd
pursuant to the laws of the State of Colorado, executes these Articles of lncolporauglr
aforesaid and declarei that the $atementr therein contained are tnre and accordingly has hereunto set his
hand this day of 1994.
Steve Boat, Incorporator
STATE OF COLORADO )
) tr.
couNTY oF GARFIELD )
I,
,
, a r,otarr Public in and for the
County""@bycerdfythatJohnHuebinger,whoispersonallyknowntometo
be the person whose name is subscrited in the foregoing instrument, appeared before me this d"y i"
person Ld ackno*ledged that he signed, sealed and delivered the said instrument in writing as his free and
voluntary act for the uses and purposes therein set forth.
Given under my hand and notarial seal this day of
t996.
Notary Public
Ad&ess:
My commission expires:
ArticTes of Incorporat,ion
Riverbend Filing No. 5 Homeowrlers Association,
Page 4
Inc
BYLAWS
OF
RIVERBEND FILING NO. 5
HOMEOWNERS ASSOCIATION, INC
ARTICLE I.
OFFICES
The prhcipal office of the Corporation shall be et0225 Glen Eagle Cirgle, New Casde, Colorado'
The Corporation may also have one (1) or more office'at such other place or places within or without the
State of
-Colorado
as the Board of Directors may from time to time determine or the business of the
Corporation may require.
ARTICLE tI.
MEMBERS' MEETINGS
A. Meetings of members shall be held at the principal office of the Corporation or at such
other place or places, within or without the State of Colorado, as may b9 fromlime to time determined
by the Board oi Dir"ao".. The place at which such meetings shall be held shall be stated in the notice of
the meetings.
B. The a'r.ual meerints of members, after the year 199
-,
for the election of directors
to succeed those whose terms expire and for the transaction of such other business as may come before
the meeting shall be held in .".h y."r on the second Satur&y in February. If the day so fixed for such
annud -."iiog shall be a legd holi&y, then such meeting shall be held on the next 5llggssding business
dry.
C. Specid meetings of members for any purpose or purposes may be called at any time
by ttre Board of Directors and shall be cdled by the chairman of the Board of Directors or the secretary
opon the requesr of the hol&rs of not less than one-half (l/2) of the total members' vote in the
Ctrporation entitled to vote at the meeting. The purposes of such special meeting shdl be stated in the
notice therefor.
D. Notice of each meeting of members, whether annud or specid, shdl be given, not less
than ten (fO) days nor more than fifty (SO) days prior thereto, to each member of record entitled to vote
thereat by mailing regular, Unit€d States Mail, postage prepaid, addressed to each member as the member's
name appears "porr
th. books of ttre Corporation. The notice of all meetings shall state the place, day and
hour thereof.
E. At least ten (10) days before every meeting of members a complete list of members
entitled to vore thereat, arranged in alphabeticd order, showing the ad&ess of each member and the
number of votes to which each is entitled, shdl be prepared by the secretary of the Coryoration and shall
be open to the inspection of any member during usud business hours for a period of at least ten (10) days
prior to such meeting at the principal office of the Corporation. Such list shall be produced and kept at
the time and place ofthe meiting during the whole time thereof and shall be subject to the inspection of
any member who is present.
F. Members of this Corporation shall have the right to vote the election of the directors
of the Corporation and upon all other matters properly brought to a vote of the members by virnre of
the Anicles of Incorporation, the Bylaws of the Corporation or the laws of Colorado.
G. Each member shall have one (1) vote for each lot owned. If fee simple title is held by
more than one (1) person or entity, the owners shall determine how the one (1) vote amributable to that
lot shall be cast.
H. The Declarant shdl have the right to appoint and remove the Board of Directors and
the officers of the Board of Directors subiect to the following:
1. Not later than sixry (60) days following conveyance of rwenry-five percent (257o)
of the lots to owners other than the Declarant at least one (1) member and not less than twenry-five
percenr Q5%) of the members of the Board of Directors must be elected by lot owners other than the
Declarant.
2. Not later than sixry (60) days after conveyance of fifty percent (507d of the lots
conveyed to owners other than the Declarant, not less than one.third (1/3) of the Board of Directors must
be elected by lot owners other than the Declarant.
3. The control of the Declarant shall terminate no later than srxry (60) days after
conveyance of sevenry-five percent (75o/) of. the lots owned by persons other than the Declarant and, in
any event, rrot later than two (2) years after the last conveyance of a lot by the Declarant in the eldinxsy
course of business.
I. The cumulative system of voting shall not be used for any purpose. Each member shdl
be entitled ro vote in person or by proxy executed in writing by such member or by his duly authorized
anorney in fact; provided, however, that no such proxy shall be valid after eleven (tt) months from the
date of its execution, unless the proxy provides for a longer period. \(hen a quorum is present et any
meeting, the vote of a majority of the members' votes present in person or represented by proxy shall
decide any question brought before such meeting, unless the question is one upon which, by the e-xPress
provisions of tl" laws of Colorado, the Anicles of lncorporation, or the Protective Covenants for the
nrbdivision, a different vote is required, in which case the express provisions shall govern and control the
decision of such question.
J. The Board of Directors shall close the membership transfer books of the Corporation
for a period of not less than ten (tO) days nor more rfian fifry (50) days preceding the &te of. any meeting
of members.
K. The holders of a majority of the total members' votes entitled to vote thereat, present
in person or represenred by prox/, shall be requisite to and shall constitute a quorum at all meetings of
ByIaws
Riverbend Filing No. 5 }lomeowners Assoc.
Page 2
members for the transaction of business, except CI otherwise expressly provided by law or by the Articles
of lncorporation. If such quorum shall not be present or represented at any such meeting, the holders of
amajoity of the votes present in person or represented by prory and entitled to vote thereat shall have
power to adjourn the meeting from time to time until a quonrm shall be present or represented.
L. The chairman of the Board of Directors shdl call meetings of members to order and
act as chairman of zuch meetings. In the absence of said officer, any member entided to vote thereat, or
any proxy of any such member, may call the meetint to order and a chairman shall be elected. The
secretary of the Colporation shall act as secretau-y of such meetings.
ARTICLE III.
DIRECTORS
A. The number of the directors of the Board of Directors shall be five (5).
B. After each annual election of directors, the Board of Directors shall meet for the
purpose of organization, the election of officers and the transaction of any other business.
C. Regular meerings of the Board of Directors may be held without notice at such time
and place as shdl from time to time be determined by the Board.
D. Special meetings of the Board of Directors may be called by the chairman of the Board
of Direcrors on five (S1 &yr' notice to each director, either personally, by mail or by telegram, and shall
be cdled by the chairman of the Board of Directors or secretary in like manner and on like notice on the
written request of arry two (2) directors.
E. Meeting,s, including organizationd meetinp, of the Board of Directors may be held at
such place or places eithir within or without the State of Colorado CI shall from time to time be
&termined by th" Board, or as shall be fixed by the Chairman of the Board of Directors and designated
in the notice of the meeting.
F. Actions taken by the Board of Directors without a meeting and attendance at meetinp
by telephone or similar communication equipment shall be authorized as provided in C.R.S. 7-5-L08.
G. A majoriry of the number of directors shdl constitute a quorum at dl meetings of the
Board of Directors, and the act of a majoriry of the directors present at a meeting at which a quonrm is
presenr shall be the act of the Board of Directors. In the absence of a quorum et ^ay meeting, 1 majority
of th" directors present may adjourn the meeting to a later day and hour without further notice.
H. Directors shall be paid no compensation by the Corporation for their services. All
directors may be allowed expenses incurred for aaendance at each regular or qpecid meetinB of the Bgard
as may be from rime to time fixed by resolution of the Board. Nothing herein contained shdl be
construed to preclude any director from serving the Corporation in any other capacity and receiving
compensation therefor.
ByIaws
Riverbend Filing No. 5 llomeowners Assoc.
Page 3
ARTICLE IV.
OFFICERS
A. The Board of Directors annually shall elect a president of the Board of Directors, a
secrerary and a treasurer. The Board may also elect or appoint such other officers as may be determined
by the bo"rd. Every officer so elected or appointed shall conti-nue in office until his successor shdl be
eieced or appointed and shall quatify, unlessiooner removed. Any individud, excePt the presi&nt 9f thg
Board of Directors, may hold iwo (2) or more offices simultaneously. Any officer elected or appointed
by the Board of Direcrors may be removed at xty time by an affirmative vote of a maioriry gf !|r.. *-!g19
Board of Directors. If the office of any officer becomes vacant for any reason, the vacancy shall be filled
by the Board of Directors.
B. The president of the Board of Directors shdl be the chief executive officer of the
Corporation. He shall preside at all meetings of ttre members and directors, shall have general-and active
,rr*-"g.-.rrr of the opeiarion of the Corporation, and shall see that all orders and resolutions of the Board
of Diiector, "r" ""rri.d into effect.
C. The secretary shall give, or cause to be given, notice of all meetings of the members and
directors and shdl attend all such meetings and keep a record of tleir proceedings. The secretary shall be
the cu*odian of the sed of the Corporati,on and shdl have power to affix the same to all documents, the
execution of which on behalf ofihe Corporation is auttrorized by these Bylaws, by the Articles of
Incorporation, or by the Board of Directorr. th. secretary shall have charge of membership records of
the Ctrporation and shdl in general perform dl duties incident to the office of secretary and such other
duties as from time to time may be assigned to the secreta{f by the Board of Directors or the chairman
of the Board of Directors.
D. The treasurer shall have charge and custody of and be responsible for all funds and
securities of the Corporarion and shdl deposit all such funds in the name of the Corporation in such banls
or orher depositoriei as shall be selected by the Board of Directors. The treasurer shall collect and receive
and give receipts for dl monies or securities belonging to the Corporation. In general, the treasurer shall
p.rform all th. duties inci&nt to the office of treasurer and such other duties as from time to time may
Be assigned ro the ffeasurer by the Board of Directors or by the chairman of the Board of Directors.
ARTICLE V.
ASSESSMENTS
A. Assessmenrs may be levied by the Corporation upon the members of the Corporation,
by vote of the Board of Directors, for the purpose of funding any of the activities of the Corporation
which shdl include, but not be limited to: payment of taxes on red and personal ProPerry; interest on
monies borrowe{ road and easement construction, zurfacing, maintenance and snow removal; oPeration
of water irrigation systems; operation and maintenance of the common lands and green belt areas; legal
Bylaws
Riverbend Filing No. 5 Homeowners Assoc.
Page 4
and accounting fees; managerial sdaries; and any and dl expenditures needed or required for the operation
of the Corporation affairs.
B. Assessmenrs shall be levied pro rata on each lot and unit in the subdivision. The total
sum ro be levied on dl members shdl be divided by the total lots and units owned in fee by dl members.
The rezulting amount shall be levied upon each lot and unit. All assessments shall be payable within thirry
(30) days of date of posting of notice thereof to each lot and unit owner.
C. Every assessment duly levied against any member by the Corporation shall become a
lien on the lands and improvements to lan& owned by such member in the subdivision and shall be
entitled to foreclose the lien the same as if it were a mortgage. Foreclosure shall be as provided for
foreclosure of a mortgage pursuant to Colorado statutes. The Corporation shall also be entitled to
maintain an action in ife District Court in and for the County of Grand and State of Colorado for the
purpose of recovering any unpaid assessments made against any member. 9po1 the request of .Ty.
-.n b.r, the Board oiDir."tori shall execute and deliver an agreement subordinating the lien provided
for in this paragraph to the lien of any first mortgage or deed of trust on the real properry and
improvemerits ovned by the member in the subdivision. The Board of DirectorS rla/r in its discretion,
also subordinate the lien provided for in this paragraph to any second or subsequent mortBage or deed of
tnrst.
ARTICLE VI.
ROADS
A. The roads in the subdivision shall be public roads; provided, however, maintenance,
upkeep and snow removd of the roads shall be performed by the Association at ttre sole cost and exPense
of the Association.
B. The Corporation, with the approval of the Commissioners of Garfield County,
Colorado, may, from time to time, adopt nrles and regulations governing the use of_the roa&, including
establishing ti"ffi" control, speeds, parking and otherwise managing the same in the same fashion as a
municipaliry.
C. Use fees and charges for maintenance of the roads and snow removal therefrom shdl
be as from time to time established in the Protective Covenants for the subdivision and in the rules and
regulations adopted as above authorized.
ARTICLE VII.
INDEMNIFICATION
The Corporation shall indemnify any and all of its directors or officers, or former directors or
officers, againsr "ip.oro actudly incurred by them in connection with the &fense of any action, suit or
proceedinl in which they or any of them are made parties or parry by reason of being or having been'dir".to.,
o-r officers o. "
iir.oo, or officer of the Corporation, except in reladon to matters as to which
any such direcror or officer, or former director or officer, shall be adudged in such action, suit or
ByIaws
Riverbend Filing No. 5 Homeowtters Aasoc.'
Page 5
proceeding to be liable for gross negligence or misconduct in the Pgrfgrmance of dury. Such
indemnifiJation shdl not be deemed eiclusive of any other rights to which tlose indemnified may be
endtled under any bylaw, agreement' vote of members or otherwise.
ARTICLE VIII.
rhis corporation reserves,r" J':=:::,=:::"r-ge or repeal any provisions contained
in, or to add any irovisions to, its Articlei of lncorporation or ia Bylaws from time t9 time by resolution
adopted at anf r.grrl"r or special meeting by three-founhs (3/4ths) of the votes of all of the members
entitled to be cast th"r."t, whether present in person or represented by prory or absent.
ADOPTED by the Board of Directors of the Riverbend Fili"g No. 5 Homeowners Association,
lnc.
President
Atrest:
Secretary
Bylaws
Riverbend Filing
Page 6
No. 5 Homeowners Aasoc.
DECLARATION OF PROTECTTVE COVENAIYTS
FOR
RTVERBEND P.U.D. FILING NO.5
A Common Interest Planned Community
The RB WATER & SEWER COMPAIYY a Colorado Corporation, as the fee owner of
RIVERBEND P.U.D. FILING NO. 5 (Subdivision), desiring to insure the development and
continuity of the Subdivision as a residential subdivision for itself, its successors, legal
representatives, assigns and grantees, hereby declares to and for the benefit of all persons who may
hereafter purchase and from time to time own lots in the Subdivision that said ownership il1d hslding
of said lots shall be subject to the following protective covenants and conditions, all of which shall
be deemed to be appurtenant to and run with the land and inure to the benefit of and be binding upon
the owners of said lots, their heirs, successors and assigns.
ARTICLE I.
PIIRJOSE OF COVENAI\TS
It is the intention of the fee owner of the Subdivision, (hereinafter sometimes Declarant)
expressed by the execution of this instnrment, that the lands within the Subdivision be developed
and maintained as a highly desirable rural residential area. It is the purpose of these covenants that
the present natural beauty, natural growth and native setting and suroundings of the Subdivision
always be protected insofar as is possible in connection with the uses and stnrctures permitted by this
instrument.
ARTICLE II.
DEFIMTIONS
A. SUBD[VISION. Whenever the term "Subdivision" is used in these covenants, it
shall mean all the lands included in the Riverbend P.U.D. Filing No. 5, and as described on the plat
filed for record with the Office of the Clerk and Recorder,Garfield County, Colorador as Reception
No. _, Book -_--_, Page _.. The Subdivision is a common interest planned community located
entirely in Garfield County, Colorado. The SuMivision shall popularly be known as " Riverbend
Filing No. 5 SuMivision" and the homeowner's association shall be known by that rulme.
B. RESIDENCE. The term "Residence", "tlnit" and "Dwelling" as used herein shall
mean the sixteen (16) single family structures as depicted on the plat of the Subdivision above
referenced.
C. RESIDENTIAL PLIRPOSE. The term "Residential Purpose" as used herein shall
be constmed and held to include the use of a residence as a home and principal dwelling place by
the owner thereof. Rental of said unit shall be permissible only if rented to a single family.
D. FAMILY. The term "single family" shall mean a household composed of a husband
and wife, children and other relatives, or any combination of a man or wife and children or other
relatives, having natural or moral duties to one another.
E. ASSOCIATION. The term "Association" shall mean the Riverbend Filing No. 5
Homeowner's Assotihion. The Association shatl be a not-for-profit Colorado corporation formed
for the pulpose of operating the homeowner's association with the SuMivision.
F. BOARD. The term "Board" shall mean the Board of Directors.of the Association.
All other terms as used herein shall be defined consistent with the meanings contained at
C.R.S. 38-33.3-103 or as otherwise defined under the Colorado Common Interest Ownership Act,
C.R.S. 38-33.3-101, et seq.
G. Architectural Control Committee. The terrt "Architectural Control Committee"
shall mean the administrative body responsible for the enforcement and administration of the
provisions goveming architectural control set forth in Paragraph V herein. The Architectural Contol
Committee shall be composed of the Board and two (2) lot owners elected or otherwise designated
by the owners of lots within Riverbend Filing No. I Subdivision, Riverbend Filing No. 2
Subdivision, and Riverbend Ranchettes
ARTICLE III.
MEMBERSHIP IN RTVERBEND P.U.D. FILING NO. 5
HOMEOWI{ERS ASSOCIATION, INC.
All persons or associations (other than the Association) who own or acquire the title in fee
to any of the lands in the SuMivision shall automatically become members of the Association. The
owner'or owners of each lot shall be entitled to one (1) vote for each lot owned and shall be liable
to pay assessments on the basis of one sixteenth (l/16) of all assessments for each lot owned In the
event title to any lot is obtained by eminent domain procedwes by a public utility and used for utility
pulposes, the fractional interest of each owner shall be modified to reflect the number of lots
remaining afrer such taking. For example, if one lot is so takerU the fractional interest of each owner
shall be l/lsth. In the event additional lots are added to the Subdivision pursuant to Article )ilI A.
2. hereirU the converse shall apply -- the fractional interest of each owner shall be modified to reflect
the number of lot(s) added by Declarant. For example, if one lot is so taken, the fractional interest
of each owner shall be Lll7th.
ARTICLE IV.
Riverbend PUD Filing 5
Protective Covenants
Page 2
MEMBERSHIP IN TTIE RIYERBEND WATER AI\[D SEWER COMPAI\IY
All persons or associations (other than the Association) who own or acquire the title in fee
to any of the lands in the Subdivision shall automatically become members of the Riverbend Water
and Sewer Company, a Colorado non-profit corporation, shall be issued certificates to reflect the
same and shall be required to execute a written service contact with the corporation for domestic
water and sewage treatment. The owner or owners of each lot shall be entitled to one (1) vote for
each lot owned. For purposes of this paragraph, the owner of each unit within the heretofore
denominated multi-family units shall be deemed to be a lot owner.
Pursuant to the procedures set forth in its Articles of Incorporation and the Subdivision
Improvements Agreement executed by the Declarant and Garfield County, the Riverbend Water and
Sewer Company shall issue additional memberships to all residents of Riverbend Subdivision Filings
Nos. I and 2 and Riverbend Ranchettes who execute service contacts with the Riverbend Water and
Sewer Company for the purpose of receiving water and sanitary sewage disposal services from the
Company.
ARTICLE V.
ARCIIITECTURAL COI{TROL
A. PLAI\I SLIBLITTALS. Before anyone shall conrmence the construction,
remodeling, addition to, or alteration of any building, swimming pool, wall, fence or other structure
whatsoever, on any lot, there shall be submitted to the Architectural Control Committee two (2)
complete sets of the plans and specifications for said work, and no such structure or improvement
of any kind shall be erected, altered, placed or maintained upon any lot unless and until the final
plans, elevations and specifications therefor have received such written approval as herein provided.
The plans and specifications shatl be submitted to the Architectural Contol Committee and approval
received from the Architectural Control Committee prior to application for a building permit from
Garfield County or other public entity having jurisdiction thereof. Such plans shall include plot
plans showing the location on the lot or property of the wall, fence or other such structtue proposed
to be construcbd, placed, altered or maintained, and elevation of same, together with the proposed
color schemes for roofs and exteriors thereof, indicating materials for the same. The Architectural
Control Committee shall have the right to refuse to approve any such plans or specifications which
are not suitable or desirable, in its opinion, for aesthetic or other reasons, and in so passing upon
such plans and specifications, it shall have the right to take into consideration the suitability of the
proposed building, structure or other improvement and the materials of which it is to be built, the
site upon which it is proposed to erect the same, the harmony thereof with the surroundings and the
Riverbend PUD Filing 5
Protective Covenants
Page i
effect of the building or other structure as planned on the view-plane from the adjacent or
neighboring property. All plan submittals shall meet the following criteria:
L Each single family dwelling shall have a ground footprint of no less than 850
square feet of fmished living are4 exclusive of open porches, gzuages, balconies and decks.
2. Each multi-family dwelling shall have a combined ground footprint of no less
than 850 sq. feet of finished living area exclusive of open porches, guages, balconies and
decks.
3. No building shall exceed 27 feet in vertical height measured from the finished
elevation of the intersection of the center of the front steet with a line drawn from the center
of the lot perpendicular to the front line of the lot, such total height to include the roof.
4. No building or any part thereof shall be erected on any lot closer to the
respective lot lines and as follows:
a. Single-family units.
(l) Front lot line 25 feet.
(2) Rear lot line 25 feet
bu,din*, *rri"8"r,.I::,::t
line l0 feet or one-half the height of the principal
b. Multi-family
(1) Front lot line 25 feet
(2) Rear lot line 25 feet
(3) Side lot line l0 feet or one-third the height of the principal
building, whichever is greater
Eves, steps and open porches shall not be considered part of the building in computing set-
backs.
5. Siding materials shall be stucco, brick, rock, wood, masonite siding and such
other materials as may be approved by the Architectural Contol Committee. Roofing
materials shall be fiberglass shingles, colored clay, colored metal or clay or concrete tile, the
colors of said materials to be approved by the Architecttual Contol Committee.
Riverbend PUD Filing 5
Protective Covenants
Page 4
6. . All building foundations shall be designed by engineers licensed to practice
in the State of Colorado.
7 . Except to the extent necessary for construction purposes, living trees the trunk
of which is two inches (2") or more in diameter and which naturally exist upon a lot shall not
be cut, trimmed or removed from such lot except z$ may be approved by the Architectural
Control Committee.
8. The area of inigated lawn for each lot shall not exceed 3,500 square feet. The
balance of the lot shall be seeded in native grzuises not requiring irrigation (e.9. crested
wheat), indigenous trees, bushes and shrubs may also be planted. Vegetable and flower
gardens not exceeding 500 squue feet in area may be irrigated
9. Neither external television nor radio antennas shall be allowed except such
antennas as may be approved in writing by the Architectural Contol Committee.
10. No elevated tanks of any kind shall be permitted on any lot for storage of gas,
fuel, water, oil or other substances. Any storage tank shall be buried below ground level.
I 1. Each dwelling shall provide oflstreet parking for at least two standard sized
automobiles.
B. VARIANCES. The Architectural Contol Committee may grant variances from the
strict application of these protective covenants, subject to the following conditions:
l. A detailed written application for variance shall be submitted to the
Architecnral Contol Committee supported by plat or drawings and with the processing fee
of $25.00 plus any costs or fees the Committee may incur in having the request evaluated or
reviewed.
2. Proof acceptable to the Architectural Control Committee of at least ten (10)
days advance written notice to all Subdivision property owners within two hundred (200)
feet from the exterior boundaries of the site.
3. The variance granted shall conform to all building, zoning and./or other
ordinances ofthe County of Garfield where an appropriate variance shall have been approved
by the County of Garfield
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4. An affirmative finding by the Architectual Control Committee that the
variance will not create substantial adverse effects on other Subdivision lot owners and is in
conformity with the quality and objective standards of the Subdivision.
C. ARCHITECTURAL CONTROL COMIVIITTEE NOT LIABLE. The
Architectural Control Committee shall not be responsible to any person or entity in any manner
whatsoever for any defect in any plans or specifications submitted or as revised by the Architectural
Control Committee, nor for any work done pursuant to the requested changes of said plans and
specifications.
ARTICLE VI
ASSESSMENTS
D. ASSESSMENTS. Each lot owner shall be obligated to pay any assessments duly
imposed by the Association in the percentage set forth in Article III above. To the extent the
Association is responsible therefor, assessments may be duly levied for purposes necessary to
promote the health, safety and welfare of the lot owners and residents of the Subdivision, including,
but not limited to, payment of the expenses for maintaining, improving and snowplowing all roads;
maintenance of open space, including revegetation thereof; taxes, utility charges and insurance
premiums applicable to the open space and common facilities; and all other costs of the operation
of the Association and the performance of its various functions as set forth herein or required by law.
Each owner of any lot, by acceptance of a deed therefor, whether or not it is so expressed in the deed
shall be deemed to covenant and agree with each other and with the Association to pay to the
Association annual assessments for the purposes set forth herein and any special assessments for
capital improvements or other matters provided for herein.
E. AIINUAL ASSESSMENTS. The total annual assessments against all lots shall be
based upon advance estimates of cash requirements for the Association to provide for the payment
of all estimated expenses arising from, or connected with, the functions of the Association as set
forttr herein and any other expenses or liabilities which may be regularly incurred by the Association
for the benefit of the lot owners.
F. SPECIAL ASSESSMENTS. In addition to the annual assessments authorized by
this Article, the Association may levy a special assessment, payable over such a period as the
Association may determine, for the purpose of defraying, in whole or in part, the cost of any
construction or reconstruction, unexpected repair or replacemen! or for any other expense, including
a capital expense, incurred or to be incurred as provided in these Protective Covenants or the Articles
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or Bylaws of the Association. Any such special assessment shall be paid in the same prorated
manner as annual assessments.
G. ADOPTION OF BUDGET. Within thirty (30) days after the adoption of the annual
budget, the Board of the Association shall mail a summary of the budget to all lot owners and shall
set a date for a meeting of the lot owners to consider ratification of the budget not less than fourteen
(14), nor more than sixty (60), days after mailing of the sunmary. Unless at the meeting seventy-
five percent (75%) of all lot owners reject the budget, the budget shall be ratified. In the event the
proposed budget is rejected, the budget last ratified by the lot owners shall be continued trntil a
subsequent budget is proposed and ratified
H. NOTICE OF ASSESSMENTS. The Association shall give written notice to each
lot owner, sent to that owner's address as it appears on the records of the Association, as to the
amount of any annual assessment with respect to his lot on or before twenty (20) days prior to the
date upon which that assessment shall be due and payable. Failure of the Association to give timely
notice of any assessment as provided herein shall not affect the liability of the lot owner for such
assessment, but the date when payment shall become due in such case shall be defened to a date
twenty (20) days after such notice shall have been given. Except as otherwise determined by the
Board, notice of special assessments shall be in accordance with the procedures set forth herein for
annual assessments or in accordance with such other procedures as may be determined by the Board
of Directors. Atl assessments shall bear interest at the rate of t'welve percent (12%) per annum from
due date until paid.
I. ENFORCEMENT Of' ASSESSMENTS. Any delinquent assessment may be
enforced or collected in any one or combination of manners set forth in these Protective Covenants.
The pursuit of any course of action as a means of collecting or enforcing an assessment shall not be
deemed to waive the right of the Association to pursue any other method, either at the same time or
subsequently. No owner may exempt himself from liability for his contribution toward any
assessment by waiver of the use or enjoyment of any benefit of lot ownership of Association
membership or by abandonment of his lot. The Associatiorl and it alone, shall be charged with the
responsibility of collecting and enforcing any delinquent assessment and, regardless of the means
it employs to do so, the lot owner or other person charged with responsibility for any assessment
shall pay the attorney's fees and costs incurred by the Association in collecting and enforcing the
assessment.
J. PERSONAL OBLIGATION OF LOT OWIIER AI\[D PURCHASER. All surns
assessed by the Associatiorl together with interest, attorney's fees and costs, shall constitute a lien
on the lot assessed, which lien shall be superior and prior to all other liens and encumbrances,
excepting only:
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l. liens and encumbrances recorded before the recordation of this Declaration;
2. a security interest on the lot which has priority over all other security interests
on the lot and which was recorded before the date on which the assessment sought to be
enforced became delinquent; provided, however, the lien created by this paragraph shall be
prior to such security interest to the extent of the assessments based on the budget of the
Association which would have become due, in the absence of any acceleration, dtuing the
six (6) months immediately preceding institution by either the Association or any party
holding a lien senior to any part of the lien of the Association created under this paragraph
of an action or a non-judicial foreclosure either to enforce or to extinguish the lien;
3. liens for real estate taxes and other governmental assessments or charges
against the lot;
Recording of this Declaration shall constitute record notice and perfection of the lien of the
Association. No further recordation of any claim of lien for assessments shall be required. A lien
created under this paragraph, however, shall be extinguished unless proceedings to enforce the lien
are instituted within six (6) years after the full amount of the assessments become due. Such lien
may be enforced by foreclosure of the defaulting owner's lot by the Association in the same manner
in which mortgages on real property may be foreclosed in Colorado. The lot owners shall be
required to pay the Association any assessments against the lot which become due during the period
'of foreclosure and these assessments shall be automatically included in the amount of the lien. The
Association shall have the power to bid on the lot at the foreclosure sale and to acquire and hold"
convey, lease, encunber, use or otherwise deal with the lot.
K. STATEMENT OF uI{PAID ASSESSMENTS. The Association shall turnish to a
lot owner or such lot owner's designee, or to a holder of a security interest or its designee, upon
written request delivered personally or by certified mail, first class, postage prepaid, return receipt
to the Association's registered agent, a written statement setting forth the amount of unpaid
assessments currently levied against such owner's unit. The statement shall be fumished within
fourteen (14) calendar days after receipt of the request and is binding on the Association, the Board
of Directors and every lot owner. If no statement is fumished to ttre lot owner or holder of a secr:rity
interest or their designee, delivered personally or by certified mail, first class, postage prepaid, retum
receipt requested, to the enquiring party, then the Association shall have no right to assert a lien upon
the lot for unpaid assessments which were due as of the date of the request.
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ARTICLE VII
GEI\TERAL RESTRICTIONS ON USE
L. ZONING REGLTLATIONS. No lands within the SuMivision shall ever be occupied
or used by or for any structure or purpose or in any manner which is contrary to the applicable
zoning regulations of Garfield County, Colorado.
M. BUSINESS, COMMERCIAL OR TRADE USES. No lands in the Subdivision
shall ever be occupied or used for any commercial, business or trade purpose and nothing shall be
done on any of said lands which is a nuisance or might become a nuisance to the owner or owners
of said lands, with the exception, however, that the use of a portion of the lands for sale of lots by
the Declarant shall be permitted. Use of a residence for a business purpose shall be authorized
provided such use is non-observable from other lots, does not generate any vehicular traffic or noise
and does not alter the premises in any fashion.
N. AIYIMALS AND AGRICLJLTLIRE. Residents may keep a dog, cat or other animal
which is a bona fide household pet on lands within the Subdivision, so long as such pet is not kept
for commercial purposes and does not make objectional noises or otherwise constitute a nuisance
or inconvenience to any of the residents of the Subdivision. No cattle, sheep, goats, pigs, poultry
or other livestock shali be kept or maintained on any lot. No lands shall be used for agricultural
purposes except for normal residential gardening of flowers, fruits and vegetables. Except as
expiessly limited herein, domestic animals shall be permitted subject to any rules and regulations
which may be promulgated by the Board. No farm or ranch animals shall be permitted to be boarded
within the Subdivision. A lot owner shall be entitled to keep a murimum of one (l) mature dog on
his property. A mature dog shall be considered to be any dog older than fotu (4) months. The owner
shall at all times exercise control over his or her pet and the same shall not be permitted to run free
or to cause a nuisance in the Subdivision. No dogs shall be allowed beyond the boundaries of the
lot owned by the persons where the dog is housed unless accompanied by a person in full contol of
such dog. Dogs shall be leashed, chained, fenced, "electric fenc€d," kenneled or housed at all times.
Metal fencing will be allowed for the purposes of kenneling dogs. Location of kennels shall be
subject to review ofthe Board. The Board shall have the right to assess and enforce penalties against
owners violating these restrictions applying to dogs as follows:
l. One Hundred Dollars ($100.00) for the first violation committed by an
owner's dog;
2. One Hgndred 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.
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Should any dog be caught chasing or molesting deer, elk, poultry or any domestic animals, the Board
shall be authorized to prohibit the lot owner from continuing to maintain the offending animal on
his property and may dispose of that animal, if necessary, to protect wildlife or other lot owners'
domestic animals. Areas where a lot owner keeps any animals shall be kept clean and free of refuse,
insects and waste at all times. No commercial animal breeding activities of any kinds shall be
permitted within the Subdivision. Nonuithstanding the foregoing, no animal(s) may be kept within
a lot or the residence which, in the good faith judgment of the Board, results in any annoyance or
is obnoxious to residents in the vicinity or to lot owners within the Subdivision. Except as expressly
limited hereur, domestic animals shall be permitted subject to any rules and regulations which may
be promulgated by the Board.
O. SIGNS. No advertising or signs of any character shall be erected, placed, permitted
or maintained on any lot or stnrcture within the Subdivision other than one (l) "For Sale" or "For
Rent" sign not to exceed three (3) feet by six (6) feet in size approved by the Board and a name plate
and street number of the occupant.
P. IINDERGROIIND UTILITY LII\IES. All utility pipes and lines within the limits
of the Subdivision must be buried underground and may not be carried on overhead poles nor above
the surface of the ground. All such services must be buried underground from the point where said
utilities take offfrom transformers and terminal points supplied by the developer. Existing overhead
power lines now in place are excepted.
a. CONSTRUCTION OF DWELLING HOUSE. All construction and alteration
work shall be prosecuted diligently, and each building, structure or improvement which is
commenced on any residential lot shall be completed within twelve (12) months from the
corlmencement of construction. No persons may live in or use as a dwelling place a partially
constructed building. In the event of a breach of this covenant, the Declarant and/or the Association
shall have the right to complete construction of any uncompleted building, structure and
improvement at the cost and expense of the Owner, which cost and expense shall become a lien
against the property the same as a lien for assessments and which may be enforced as a lien for
assessments.
R. TEMPORARY STRUCTURES. No temporary house, trailer, tent, garage or
outbuilding shall be placed or erected upon any part of any lot in the Subdivision; provided,
however, that during the actual construction of any improvement on any lot, a necessary temporary
building for the storage of materials may be erected and maintained by the person doing the
constrUction.
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S. TOWERS AI\[D AIYTENNAS. No towers or radio and television antennas shall be
erected or permitted to remain on any residential lot within the SuHivision except that normal radio
and television antennas attached to a dwelling house may project up to six (6) feet above the highest
point of the roof of the structure. Satellite dishes shall be permitted as approved by the Board.
T. EXTERIOR LIGHTING. All exterior lighting and light standards on residential
lots shall be approved by the Board for harmonious development and the prevention of lighting
nuisance to other residents of the Subdivision.
U. WATER SYSTEM. Domestic water shall be provided to each dwelling pursuant
to written service contract with the Riverbend Water and Sewer Company; the construction,
operation and/or maintenance by the lot owner of wells or other facilities designed to provide
domestic water is prohibited.
V. SEWER SYSTEM. Sanitary sewage disposal shall be provided to each dwelling
pursuantto written service contactwiththe Riverbend Water and Sewer Company; the construction,
tperation and/or maintenance of individual septic tanks, leach fields or other facilities designed or
used to dispose of sewage waste is prohibited
W. WALLS ^AliD FENCES. Walls and fences shall be limited to six (6) feet in height
measured from the adjoining ground surface inside the wall or fence. No chain link fences shall be
permitted, except for kennels.
x. CLEANLINESS AI\[D UNSIGHTLY GROWTH. EaCh IOt ShAII At AII tiMCS bC
kept in a clean, sightly and wholesome condition. No ffash, litter, junk, boxes, containers, bottles,
cans, implements, machinery, lumber or other building materials shall be permitted to remain
exposed on *y lot so as to be visible to any neighboring lot or road. Each lot shall be limited to a
maximum of irrigated lawn area as shall be specified in an agreement to be entered into between the
developer, RB Water and Sewer Company and GarFreld County, Colorado.
y. FIREPLACES AI\ID STOYES. No openhearth, solid fuel devices will be allowed
anywhere within the Subdivision. All dwelling units will be allowed an unrestricted number of
natural gas burning fireplaces or appliances. All dwelling units will be allowed one (l) new
woodburning stove as defined Uy C.n.s. 25-7-401, et. seq., and the regulations promulgated
thereunder.
p.... LOW FLOW PLLIMBING FD(TLIRES. Low water flow toilets, showers, faucets
shall be installed and utilized at all times in all dwelling units.
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ARTICLE VIII
ROADWAYS
All roadways within the Subdivision shall be public; provided, however, the Association
shall maintain all such roadways, including snow removal..
ARTICLE IX
WATER
All domestic and irrigation water for the Subdivision shall be provided by The Riverbend
Water and Sewer Company Title to the water rights shall be vested in The Riverbend Water and
Sewer Company Membership in the The Riverbend Water and Sewer Company shall be limited to
those residents of Riverbend PUD Filing 1, 2 and 5.
ARTICLE X
SEWER
All sanitary sewage teatnent for the Subdivision shall be provided by The Riverbend Water
and Sewer Company Title to all facilities incident thereto shall be vested in The Riverbend Water
and Sewer Company Membership in the The Riverbend Water and Sewer Company shall be limited
to those residents of Riverbend PUD Filing 1,2 and 5.
ARTICLE XI
EASEMENTS AIYD OPEN SPACE
. Easements and rights of way in perpetuity are hereby reserved for the erection, construction,
maintenance and operation of wires, cables, pipes, irrigation ditches (in addition to any irrigation
ditches which now exist in place), conduits and apparatus of the transmission of electrical current,
telephone, television and radio lines and for the furnishing of water and gas in the street or for the
furnishing of other utility purposes, together with the right of entry for the purpose of installing,
maintaining and improving said utilities along, across, upon and through those portions of the
subdivision identified and set forth in the plat of the Subdivision above referenced. All easements
of record and areas designated "Green Belt Area" or "Common Area" on plats of the SuMivision,
as finally recorded, are hereby reserved for the common use of the owners of los within the
Subdivision for recreational purposes or such purposes as may be determined by the Association.
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ARTICLE XII
ENFORCEMENT
A. JUDICIAL RELIEF. Any violation of the provisions, conditions or restrictions
contained herein shall authorize the Declarant, the Association or any lot owner to apply to any court
of law or equity having jurisdiction thereof for an injunction or proper relief in order to enforce the
same. No delay on the part of the Declarant or any other person in the exercising of any right, power
or remedy contained herein shall be construed as a waiver thereof or an acquiescence therein.
Various rights and remedies of all persons hereunder shall be cumulative and the Declarant, the
Association or any lot owner may use any or all of said rights without in any way affecting the
ability of the Declarant, the Association of any lot owner to use or rely upon or enforce any other
right. Any lot owner found by a court to have violated these covenants shall be liable to the
prosecuting pafiy for all costs, including attorney fees.
B. DECLARANT'S RIGHT TO REMEDY VIOLATIONS. If the owner of any lot
shall default in the performance of any covenant or condition hereof or shall violate any of the
covenants or rules herein contained, the Declarant or the Association may, after thirty (30) days
notice to said owner, or without notice if in the opinion of the Declarant or Association an
emergency exists, perform such covenant or condition or remedy such violation for the account and
at the expense of the said owner. If the Declarant or Association shall incur any expense, including
reasonable attorneys' fees in instituting, prosecuting (including an action against an owner for
default or violation), or defending any action or proceeding instituted by reason of any default or
violation, said expenses shall be included and added to any judgment made or given to the Declarant
or Association.
ARTICLE XIII
SPECIAL DECLARANT RIGHTS AI\D DEVELOPMENT RIGHTS
All special declarant rights/development rights set forth in this section are applicable between
the Declarant, its successors and assigns, and any subsequent Owner of Lots in Subdivision
(hereinafter in this paragraph "property"). Nothing herein shall discharge the Declarant or others
exercising special declarant/development rights to obtain any required approvals from the
appropriate governmental entities and comply with any and all resolutions, ordinances, statutes and
law relating to the exercise of such development rights. If these special declarant/development rights
are exercised in any portion of the described property, the Declarant is not precluded from exercising
saidt rights in any portion of the remainder of such property at a later date. No statement is made
as to the order in which portions of the property are added or subject to the exercise of special
declarant/development rights. The Declarant hereby reserves the following development rights and
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other special Declarant rights for exercise within twenty-five (25) years of the date of this Declaration:
A. SPECIAL DECLARANT RIGHTS. The following special declarant rights are
reserved by Declarant:
1. to complete all subdivision improvements indicated on the plat filed on record
with the Office of the Clerk and Recorder,Garfield County, Colorado, as Reception No.-,
Book _, Page _, ild the maps, plans and specifications filed with the Garfield County
Department of Building and Planning.
2. to exercise all development rights set forth at Article XIII.B. herein.
3. to maintain a sales offrce and/or management offtce upon any unsold lot within
the subdivision and to place advertising signs therein.
4. to use easements through the common elements for the purpose of making
improvements within the subdivision or within real estate which may be added to the
subdivision.
5. to make the Riverbend PUD Filing 5 Homeowners Association subject to a master
association
6. to appoint or remove any director or officer of the Riverbend PUD Filing 5
Homeowners Association. The powers reserved to Declarant under this subparagraph 6 are
expressly subject to the following:
a- Not later than sixty (60) days after conveyance of rwenty-five(25) percent
of the units that may be created to unit owners other than Declarant, at least one
member and not less than twenty-five(25) percent of the members of the Board must
be elected by unit owners other than Declarant.
b. Not later than sixty(60) days after conveyance of frfty(50) percent of the
units that may be created to unit owners other than Declarant, not less than thirty-
three(33) and one-there percent of the members of the Board must be elected by unit
owners other than Declarant.
c. Regardless ofthe period contol provided Declarant under this declaratioru
said control shall terminate no later than either sixty(60) days after conveyance of
seventy-five(75) percent of the units that may be created to unit owners other than
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Declarant, two years after the last conveyance of a unit by Declarant in the ordinary
course of business or two years after any right to add new units was last exercised.
7. to amend or supplement the Declaration and/or plat in connection with the
exercise of the development or special declarant rights set forth herein
B. DEVELOPMENT RIGHTS The following development rights are reserved by
Declarant:
l. Declarant shall have the right to divide into to separate interests, Lots 5 through
9, depicted on the plat filed for record with the Office of the Clerk and Recorder, Garfield
County, Colorado as Reception No.
-,
Book
-,
Page
-'
2. Declarant shall have the right, subject to the terms and conditions of the contract
between Declarant and Riverbend Water and Sewer Company, filed for record withthe Clerk
and Recorder of Garfield County, Colorado as Reception No.
-,
Book
-,
Page
-
to
connect without tap fee or other charges, twenty-one(21) residential units to the water and
sewage fieatnent systems owned and operated by the Riverbend Water and Sewer Company.
In the event excesscapacity remains in the water system and/or the sewer system after said
twenty-one(21) units have been connected thereto, Declarant shall have the exclusive right
to utilize, without incurring tap fees or other charges, all said remaining excess capacity.
4. Declarant shall have the right to utilize for its own purposes, all water and water
rights not consumed or otherwise utilized by the homeowners within the Subdivision or
Riverbend PUD Homeowners Association stemming from the following sources:
5. Declarant shall have the right to withdraw property from the Subdivision or from
any added property or to convert property presently subdivied for residential use into open
space The property subject to this right of withdrawal shall include all lands within the
Subdivision.
ARTICLE XIV
MAXIMUM NUMBER OF RESIDENTIAL I.INTTS
The marimum number of residential units that may be developed within the subdivision is
twenty one (21).
ARTICLE XV
GEITERAL PROVISIONS
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A. COYENAI\ITS TO RUN WITH LAI\D. All the restrictions and covenants
contained herein shall constitute covenants running with the land as to all of the lands within the
Subdivision. It shall continue to be binding upon the owners of said lands and in all persons
claiming by, through or under said owner for a period of twenty-one (21) years from the date this
document is filed for record with the Clerk and Recorder of Garfield County, Colorado; provided,
however, that the owners of seventy-five percent(75%) of the lots in the Subdivision may release
all of the lots hereby restricted from any one or all of these restrictions by executing and
acknowledging an appropriate instrument in writing for said purpose and filing the same for record
with the Clerk and Recorder of Garfield County, Colorado, in the manner then required for the
recording of land instruments.
B. BEIYEFIT OF ALL. The provisions contained herein are for the benefit of and shall
be binding upon the Declarant and the purchasers and subsequent owners of each of said lots. Each
purchaser of lots included within this Declaration, by acceptance of a deed to same, shall be subject
to each and all of the restrictions, conditions, covenants and agreements contained herein and to the
jurisdiction, right and power of the Declarant. By acceptance hereof by each owner, such owner
shall for himself, his heirs, personal representatives, successors and assigns, covenant and agree and
consent to and with the grantees and subsequent owners of each of said lots, to keep, observe,
comply with and perform said restrictions, covenants, conditions and agreements contained herein.
C. COfINTY PLAT APPROVAL. Approval of the ptat of the Subdivision recorded
as provided in Article II.A above shall in no manner imply that this Declaration of Covenants
complies with federal and state regulations regarding subdivision covenants.
D. NOTICES. All notices given hereunder to lot owners affecting the Subdivision shall
be given by regular United States Mail, postage prepaid, addressed to each owner at the address as
it appears on the records of the Association.
E. VARIANCES. The Declarant hereby reserves the right to grant a reasonable
variance or adjustnent of these conditions and restrictions in order to overcome practical difficulties
and prevent unnecessary hardships arising by reason ofthe application ofthe restrictions contained
herein. Such variances or adjustnents shall be granted only in case the granting thereof shall not be
materially detrimental or injurious to other property or improvements of the neighborhood and shall
not defeat the general intent and purpose of these restrictions.
F. SEYERABILITY. In the event any one or more of the provisions, conditions,
restrictions or covenants contained herein shall be held by any court of competent jurisdiction to be
null and void, all remaining restrictions and covenants herein set forth shall remain in full force and
effect.
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Dated this day of
STATE OF COLORADO )
couNTY oF GARFTELD ]
tt
1995
THE RIYERBEND
WATER & SEWER COMPAIIY,INC.
By:
Diane R. Boat, President
The foregoing instrument was subscribed and sworn to before me this day of
1995, by Steven J. Boat, President of The Water & Sewer
Company at Riverbend, Inc.
Witness my hand and official seal.
Notary Public
Address:
' My commission expires:
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